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Agenda 09/26/2006 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 26, 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. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 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 THREE (3) MINUTES UNLESS THE TIME IS AD&JSTED 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) 7748380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 11 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Stephan L. Nagy, Lely Presbyterian Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. August 28, 2006 - BCC /Tropical Storm /Hurricane Ernesto Meeting C. August 29, 2006 - BCC /Tropical Storm /Hurricane Ernesto Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation recognizing the Troops In Touch For The Holidays campaign to be accepted by Mr. Cody Anderson. B. Proclamation recognizing the United Way of Collier County Agency for their outstanding contribution to the community and wishing them yet another year of great success as they kick off their 2006/2007 season. To be accepted by Ernie Bretzmann, Executive Director, United Way of Collier County; Reg Buxton, United Way Campaign Chairman and Georgie Foster, United Way Campaign Chairman. 5. PRESENTATIONS A. To recognize Scott Belanger as Employee of the Month for September 2006. B. Presentation by Florida Department of Environmental Protection for the early closure of the Wastewater Consent Order originally scheduled to be closed in 2016. C. To recognize Gary McAlpin for his exceptional leadership and management of the Collier County/City of Naples 2006 Beach Renourishment Project. D. To recognize Allen Madsen for his exceptional performance as the on -site representative of Collier County and ambassador to the public for the Collier County/City of Naples 2006 Beach Renourishment Project. 6. PUBLIC PETITIONS A. Public Petition request by Shirley Ison to discuss towing charge to remove car from Rock Road. Item 7 and 8 to be heard no sooner than 1:00 p.m. , unless otherwise noted. 7. BOARD OF ZONING APPEALS A. The petitioner requests to continue indefinitely the BCC hearing date in order to evaluate the proposed development after the CCPC recommendation to the BCC. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU- 2005 -AR -7181, Basil Street Partners, LLC, represented by Clay Brooker, Esquire of Cheffy, Passidomo, Wilson & Johnson, requesting approval of a Conditional Use for a passive recreational facility in the Agricultural (A) Zoning District, as specified in Section 2.04.03 of the Collier County Land Development Code. The subject properties, consisting of 4.32 acres, are located at 10111 and 10121 Keewaydin Island, in Section 14, Township 51 South, Range 25 East. Page 2 of 11 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1:00 p.m. Public Hearing for the Board of County Commissioners to consider and decide whether Collier County should exempt itself from the provisions of F.S. 316.2123 that generally permits the operation of All- Terrain Vehicle use on unpaved public roads under specified conditions and restrictions therein, which takes effect on October 1, 2006. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ- 2005 -AR -8337, Sembler Florida, Inc., represented by Dwight Nadeau of RWA, Inc., is requesting a rezone from the Estates (E) zoning district to the Commercial Planned Unit Development (CPUD) zoning district for a proposed commercial shopping center to be known as Brooks Village CPUD. The subject property, consisting of 22.7 acres, is located on the southwest quadrant of the intersection of Collier Boulevard and Pine Ridge Road, in Section 15, Township 49 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Contractors' Licensing Board. B. Appointment of member to the Board of Building Adjustments and Appeals. C. Appointment of member to the Development Services Advisory Committee. D. Discuss the potential merits of requesting the Florida Department of Transportation to reserve 20 million dollars of available future funding outside their 5 year work program for advancement with reimbursement to the County for the Davis Boulevard widening project. (Commissioner Halas) E. Creekside Commerce Park PUD Amendment Reconsideration Request. (Commissioner Henning and Commissioner Coletta) F. Naples Daily News PUD (PUDZ- 2005 -AR -8833) Reconsideration Request. (Commissioner Henning) G. The Annual Performance Appraisal for the County Manager. (Commissioner Halas) H. The Annual Performance Appraisal for the Executive Manager to the BCC. 10. COUNTY MANAGER'S REPORT A. Recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee to implement a Red - cockaded Woodpecker Compliance Plan (Bill Lorenz, Director, Environmental Services) B. This item to be heard at 11:00 a.m. Report to the Board of County Commissioners by representatives of the mining industry about the status of earth mining and specifically the mining of hard rock within the limits of Collier County and the limitations that have been put on those resources by Growth Management Plan and land development regulations. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) C. Recommendation to approve Collier Countys Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 200'1 -2006 as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Chairman of the Board of County Commissioners to certify the CAPER for submission to HUD. (Susan r Golden, Grants Administration Manager, Housing and Grants Department) Page 3 of 11 D. Recommendation to approve the purchase of the Forsyth homestead and six rental units by a joint purchase agreement for property required to provide for a Stormwater Management Pond in the Gateway Triangle Area (Gateway Triangle Stormwater Improvement Project, Project No. 518031) and to accept a $529,000 contribution from the Bayshore Gateway Triangle CRA Fund 187 to the Stormwater Fund 325 for the total cost of this purchase. Fiscal Impact: $1,260,500.00. (Norman Feder, Administrator, Transportation Services) (This is a Companion Item to be heard after Item 14A) E. Recommendation to adopt a superseding resolution authorizing the fee simple and easement acquisition of property by condemnation for the purpose of constructing stormwater improvements to alleviate flooding in the East Naples area known as Phase One of the Lely Area Stormwater Improvement Project (LASIP). Fiscal Impact $1,838,000 (Project 511012). (Gene Calvert, Director, Transportation /Stormwater Management) F. Review and approve the FY2007 Annual Work Plan for the County Manager. G. Recommendation for the Board of County Commissioners to confirm their direction regarding purchase authorization for Conservation Collier properties within North Golden Gate Estates Unit 53 as property values increase. (Alex Sulecki, Senior Envionmental Specialist, Environmental Services) H. This item to be heard at 10:00 a.m. Recommendation to approve the attached 16 Impact Fee Deferral applications and approve the Permanent Resident card as substantial proof of residency. (Denny Baker, Director, Financial Administration and Housing) I. Recommendation to award bid number 06 -3996R to Akerman Construction Company, Inc. in the amount of $18,330,133.00 for construction of the CR 951 Water Main from Davis Boulevard to US 41, and to approve the necessary budget amendments, Projects 70151 and 70152. (Jim DeLony, Administrator, Public Utilities) J. Recommendation to award Work Order HS -FT- 3785 -06 -10 under Contract 05 -3785 for Construction Engineering and Inspection Services for the "South County Regional Water Treatment Plant 20- Million Gallons per Day Wellfield Expansion" to Hazen and Sawyer, P. C.; Project Number 708921, for an amount not to exceed $1,835,000.00. (Jim DeLony, Administrator, Public Utilities) K. Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy effective October 1, 2006. (Marla Ramsey, Administrator, Public Services) L. Recommendation to award Work Order UC -253 in the amount of $497,650 to Mitchell & Stark Construction Company to provide an emergency generator, enclosure, well pumps and valves, Work Order UC -254 in the amount of $1,884,000 to D.N. Higgins to install the aforementioned equipment, both under Fixed Annual Term Contract 04 -3535, and a purchase order in the amount of $334,784 to TAW Control Systems & Automation for instrumentation and controls, electrical equipment, and an air conditioned electrical equipment enclosure for the South County Regional Water Treatment Plant two new Mid Hawthorn Zone 1 and two new Lower Hawthorn Wells 39S and 41S, and 40S and 42S, respectively, as Project 71051. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS Page 4 of 11 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners give direction to the Office of the County Attorney concerning the settlement offer required by Section 70.001(4)(c), Fla. Stat., in response to the purported Bert Harris Act Claim asserted by R & S Development Company - the owner(s) of the property that was proposed to be rezoned to Sandalwood Residential Planned Unit Development. B. Discussion concerning most recent correspondence received from South Florida Water Management District in regard to joint meeting with the Board of County Commissioners. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. (To be heard before Item 10D) Recommendation for the Community Redevelopment Agency to approve a CRA Resolution to support the Collier County purchase of the Forsyth homestead and six rental units to provide for a Stormwater Management Pond in the Gateway Triangle Area (Gateway Triangle Stormwater Improvement Project, Project No. 518031); to approve a monetary contribution from the Bayshore Gateway Triangle CRA Fund 187 to Stormwater Fund 325 in the amount not to exceed $529,000 to complete the sale of subject property; and approve all necessary budget amendments. (Companion to Item 10D) (David Jackson, Executive Director, Bayshore /Gateway CRA) B. Bayshore Gateway Triangle Community Redevelopment Agency FY 2006 Annual performance appraisal review for the Executive Director; determine the FY 2006 Merit Pay Award for lump sum payment from the FY 07 budget and authorize the FY 2007 Cost of Living Adjustment beginning the first pay period in FY07. C. Recommendation to approve a 10.0 percent ($9,299.05) merit increase effective the first pay period in FY07 and a $5,000.00 bonus effective in FY06 to the Executive Director of the Collier County Airport Authority, Theresa M. Cook, and associated budget amendments. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS -------------------------------------------------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve for recording the final plat of Heritage Bay Unit Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2. Recommend the Board of County Commissioners award a contract of $200,000 to Van Buskirk, Ryffel & Associates, Inc. for development of the Collier Interactive Growth Model for the East of County Road 951 Infrastructure and Services Horizon Study. 3. Recommendation to approve for recording the final plat of Del Webb at Ave Maria Phase One, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 5 of 11 4. Recommendation to award Bid #06 -4026 Fencing Installation for The Railhead Scrub and Watkins /Jones Preserves to Sunrise Fence and Construction Co. of S.W. Florida, Inc. in the amount of $31,758.80. 5. Recommendation to approve an Agreement for Sale and Purchase with Diane Hutchison, Judy Jones, and Nancy Smith for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $89,700. 6. Recommendation that the Board of County Commissioners authorize the County Manager or his designee to establish the budgetary and financial mechanisms to prepay up to $6,200,000 of CDES capital and information technology improvement debt and give approval for any subsequent FY 07 budget amendments required to fund this debt prepayment. 7. Recommendation to approve for recording the final plat of Ave Maria Unit 5, Bellerawalk Phase 1A, 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 Twin Eagles, Phase Two B, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 9. Recommendation to approve for recording the final plat of Via Veneto, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 10. Recommendation to approve for recording the final plat of Ave Maria Phase Two, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 11. Recommendation to approve for recording the final plat of Ave Maria Phase Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 12. Recommendation to approve final acceptance of the water and sewer utility facility for Verona Walk, Phase 1A. 13. Recommendation to approve final acceptance of the sewer utility facility for Hospice House of Naples. B. TRANSPORTATION SERVICES 1. Recommendation to approve and execute the attached Second Amendment to Radio Tower Lease Agreement with Crown Castle GT Company LLC, for an additional location upon an existing tower for use by the Stormwater Management Department at a first years annual cost of $3,000. 2. Recommendation to approve an amendment to Contract 05 -3845 Consolidated Management Contract for the Collier County Fixed Route and Paratransit systems. 3. Recommendation to award bid #06 -4033 U.S. 41 Tamiami Trail North Phase I & II Water Source Conversion to Hannula Landscaping, Inc. with a base amount of $59,999.58 and alternates in the amount of $44,195.00 for a total base bid of $104,194.58 with a 10% contingency of $10,419.45. (Project #601551) 4. To seek Board approval of a Locally Funded Agreement with the Florida Department of Transportation for the design of the Cocohatchee Bridge replacement project on Vanderbilt Drive in the amount of $177,409. This represents half of the negotiated design cost increase with the Florida Department of Transportation District One office picking up the other half of the cost increase. 5. Recommendation to receive Board approval for the use of $25,000 from the previously approved Southwest Florida Expressway Authority budget for expenses including the hiring of a Certified Public Accountant on a part time basis to set up a financial system and handle the finances for the Authority. Page 6 of 11 6. Recommendation to award Contract #06 -3969 Annual Fixed Term Professional Engineering Services to eight (8) firms 7. Recommendation to award Bid No. 06 -4036 to Quality Enterprises USA, Inc. for construction of Avalon School Drainage Ditch Project, Project Number 511071 in the amount of $419,485.25. 8. Recommendation to approve a work order in the amount of $688,000 to Aquagenix for the 2006 Australian Pine Removal Project (Project Number 51501) under Contract 03 -3568 Annual Contract for Countywide Exotic Vegetation Removal and approve the necessary budget amendment. 9. Recommendation to award Contract 06 -3950 Geographic Information Systems Services for the Transportation Division to three professional services firms for a two year term. 10. Recommendation to award Bid #06 -4008, Immokalee Beautification M.S.T.0 /M.S.T.D. Roadway Ground Maintenance at CR846 (South 1st Street) and SR29 (Main Street) Annual Landscape Maintenance Contract, to Commercial Land Maintenance in the amount of $172,006 (Project #630101). 11. Recommendation to seek Board approval of a Transportation Regional Incentive Program (TRIP) Agreement with the Florida Department of Transportation (FDOT) to acquire a grant in the amount of $4,950,000 for the widening of Collier Boulevard from Golden Gate Boulevard to Immokalee Road (Project #65061). C. PUBLIC UTILITIES 1. Approval of the annual rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 2007. Total fees budgeted to be collected from rates approved with this resolution are included in the FY 2007 budgets for solid waste disposal (Fund 470 - $20,336,300) and mandatory trash collection (Fund 473 - $15,776,100). 2. Recommendation to approve the sole source reconditioning of a Bellmer Winklepress used in the South County Regional Water Treatment Plant lime softening dewatering process from Ashbrook Simon - Hartley Corporation in the estimated amount of $111,707, Project No. 710053. 3. Recommendation to reject the bid received for Bid No. 06 -3946R and to authorize the staff to re- advertise for the North County Regional Water Treatment Plant Chemistry Laboratory Ventilation Improvements; Project 700952 4. Recommendation to approve the Underground Conduit Installation Agreement with Florida Power & Light Company and authorize conveyance of utility easements in an amount not to exceed $500.00, for the installation of underground electric service related to the Reclaimed Water Aquifer Storage and Recovery, Project 74030. 5. Recommendation to accept a Grant of Easement from The Club Pelican Bay to provide access to the Pelican Bay Utility Site at a cost of $35.50. 6. Recommendation to approve a Lease Agreement for vacant land at the City of Naples Airport for the County Collier Solid Waste Departments Recycling Transfer Center at a first years cost not to exceed $97,578. 7. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 8. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full x . for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Page 7 of 11 9. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 10. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 11. Recommendation to approve a budget amendment for Work Order # UC -034, Collier Boulevard (CR -951) 16 Sanitary Sewer Force Main Improvements, WBS Element 730861 in the amount of $60,526.00 to provide sufficient funds to enable final payment to be made to Douglas N. Higgins, Inc., Project Number 73086. 12. Recommendation to Award Contract 06 -3972 to Tele- Works, Inc. for Purchase of the Utility Billing Interactive Voice Response Software System and Approval of an Ongoing Maintenance Agreement in the total amount of $230,400. D. PUBLIC SERVICES 1. Recommendation to approve Naples Wholesale Bait as a sole source supplier of live bait for resale at Caxambas Park, with an estimated Fiscal Year 2007 expenditure of $86,000, and approve a seven day payment schedule. 2. Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. and approve budget amendments to reflect an overall increase of $7,722 in the Alzheimers Disease Initiative program. 3. Recommendation to award Bid # 06 -4020 for printing of the Collier County Parks and Recreation Departments Recreation Guide to Sunbelt, Inc. at an estimated cost of $75,000. 4. Recommendation to recognize additional revenue in the amount of $37,475 and approve a budget amendment to the Social Services Administration budget. 5. Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc. and approve budget amendments to reflect an overall increase of $83,159 in the Community Care for the Elderly program. 6. Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. for the Home Care for the Elderly grant in the amount of $104,787 and approve the budget amendment. 7. Recommendation to approve Work Order No. CT -02 -18 with The Chris -Tel Company in the amount of $187,942.00 for restoration and rehabilitation of the Church building at Roberts Ranch in Immokalee, using County Contract No. 02 -3349, General Contractors Services. 8. Recommendation to approve a budget amendment in the amount of $24,756 to recognize revenue received from the collection of co- payments from the Collier County Services for Seniors program. 9. Recommendation to approve a budget amendment in the amount of $42,142.26 to recognize additional revenue in the Older Americans Act Title III -B budget for FY 06. E. ADMINISTRATIVE SERVICES 1. Recommendation to award RFP #06 -3983 to CBSA, Inc. for Group Health Third Party Administration Services in the amount of $392,875. 2. Recommendation to award RFP #06 -3995 to The J. D. Allen Group, Inc. for Employee Assistance Services. Page 8 of 11 3. Recommendation that the Board of County Commissioners approves award of Bid 06 -4032, Fleet Management - Sublet/Parts Bid for Collier County as stated on the attached vendor award sheet. 4. Recommendation to approve and execute the attached First Amendment to Tower Option and Lease Agreement Deed to Lessor and Termination of Agreement from New Cingular Wireless PCS, LLC d /b /a Cingular Wireless concerning the County-owned communications tower at the County Barn. 5. Recommendation to approve and execute the attached Lease Agreement with George Vega, Tom Brown, Larry Martin and Jack Stanley, AKA Palm Lake Investments, for additional temporary office space for the Office of the Public Defender at a first years annual rent of $17,099, Project 52004 -1. 6. Recommendation to approve the purchase of Property, Casualty, Automobile, Workers Compensation insurance, and related services for FY 2007. 7. Recommendation that the Board of County Commissioners approves award of Bid 06 -4024 Tire Services to Collier Tire & Auto Repair. 8. Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004 -15 for the third quarter of FY 06. 9. Recommendation to spend $150,000 on the first stage of a multi- stage, multi -year effort to standardize the processes involved with the delivery of Capital Projects and to implement a computer system to assist County Project Managers, Project Number 75006 10. Request that the Board of County Commissioners authorize the disposal of assets no longer deemed to serve a useful function or to have commercial value. 11. Recommendation to approve budget amendment for $362,263.14 to cover expended funds for the Naples Jail and Parking Garage Project No. 52008. F. COUNTY MANAGER 1. Recommend approval and authorize the Chairman to sign Tourism Agreements with The Childrens Museum of Naples, Inc. ($175,000), Naples Art Association, Inc ($38,000) and Naples Botanical Garden, Inc. ($112,550) 2. Recommendation to approve the proposed changes to the Bylaws of the Emergency Medical Services Advisory Council and authorize the County Attorney to prepare an Amendment to Ordinance No. 02 -39. 3. Recommendation to approve procedures for managing miscellaneous receivables. 4. Recommendation to Authorize the Issuance of a $29,532.05 Reimbursement Check Payable to the Department of Community Affairs for Excess Funds Received by Collier County in Response to Tropical Storm Gabrielle. 5. Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2007 at a cost of $955,500. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the Collier County CRA Board to approve a CRA Resolution to amend the Bayshore Gateway Triangle CRA Site Improvement Grant program for FY2007 funding cycle, and approve the amended form of the CRA Grant Agreement. Page 9 of 11 H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attend the NAACP 24th Annual Freedom Fund Banquet on October 28th, 2006 at the Elks Lodge, Naples; $60.00 to be paid from Commissioner Fiala's travel budget. 2. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the EDC's Excellence in Industry Awards Gala, Thursday, September 14th, 2006, at the Naples Beach and Golf Club; $150.00 to be paid from Commissioner Fiala's travel budget. 3. Commissioner Coletta requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the EDC's Excellence in Industry Awards Gala's Dessert Reception, Thursday, September 14th, 2006, at the Naples Beach and Golf Club; $25.00 to be paid from Commissioner Coletta's travel budget. 4. Commissioner Coletta requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Southwest Florida Workforce Development Board's Annual Awards Dinner on September 15, 2006 at the Sanibel Harbor Resort and Spa; $25.00 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1. That the Board Authorizes the Transfer of Additional Funds Collected in Fund (175), Juvenile Assessment Center, to the Clerk of the Circuit Court to be used for the Operation of the Juvenile Assessment Center K. COUNTY ATTORNEY 1. Recommendation to authorize the making of an Offer of Judgment to Respondent, Ali R. Ghahramani MD Investment Limited Partnership, for Parcels 815 and 915 in the amount of $7500.00 in the lawsuit styled Collier County v. Colonnade on Collier Blvd. LLC, et al., Case No. 05- 1091 -CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $1750.00). 2. Recommendation to authorize the making of an Offer of Judgment to Respondent, Centrex Corporation, Ltd., for Parcels 716, 816, 916, 814 and 914 in the amount of $65,400.00 in the lawsuit styled Collier County v. Centrex Corporation, Ltd., et al., Case No. 05- 1129 -CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $11,050.00). 3. Recommendation to authorize the making of an Offer of Judgment to Respondents, Duffield W. Matson, III and Sarah Matson, for Parcels 717R, 917, 718R and 918R in the amount of $19,300.00 in the lawsuit styled Collier County v. Duffield W. Matson, III, et al., Case No. 05- 1054-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $4,150.00). 4. Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel No. 804 in the lawsuit styled CC v. James M. Brown, et al., Case No. 06- 0525-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $28,500.00) 5. Recommendation that the Board of County Commissioners Approve the Proposed Agreed Motion for an Agreed Order For Expert Fees and Costs Relating to Parcel 26P in the lawsuit styled Board of County Commissioners v. Collier HMA, Inc., et al., Case No. 06- 0013 -CA, CR- 951 Water Transmission Main Project #70152. (Fiscal Impact: $38,636.25). Page 10 of 11 6. Recommendation to approve an Agreed Order Awarding Expert Fees and Costs for Parcel 126 in the lawsuit styled Collier County v. North Naples Fire Control & Rescue District, et al., Case No. 02- 1702 -CA (Goodlette -Frank Road Project No. 60134). (Fiscal Impact $23,435.00) 7. Approve Special Magistrate Agreements and authorize payment for Special Magistrate Services for Value Adjustment Board Hearings for Tax Year 2006. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT- 2006 -AR -9422 Louise Penta to disclaim, renounce and vacate the Countys and the Publics interest in a portion of a 10 drainage easement lying within lot 1, plat of Lely Barefoot Beach Unit 2 as recorded in Plat Book 15, Page 71 and 72 of the Public Records Collier County, Florida. B. Recommendation that the Board of County Commissioners adopt an Ordinance amending Section 74 -202 of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for a change in the time period allowed for requesting an impact fee reimbursement, consistent with limitations set forth by the Florida Statutes. C. Request the Board of County Commissioners to set a public hearing date of December 12, 2006 for consideration of a Development of Regional Impact Development Order amendment for petition DOA - 2005 -AR -8543, Pine Air Lakes, located along the west side of Airport- Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 11 of 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING September 26, 2006 Item 5C continued to the October 10, 2006 BCC meeting: To recognize Gary McAlpin for his exceptional leadership and management of the Collier County /City of Naples 2006 Beach Renourishment Project. (Staff's request.) Item 5D continued to the October 10, 2006 BCC meeting: To recognize Allen Madsen for his exceptional performance as the on -site representative of Collier County and ambassador to the public for the Collier County /City of Naples 2006 Beach Renourishment Project. (Staff's request.) Item 813: Executive Summary on page two under Fiscal Impact, the second paragraph, first sentence should read: Developer has entered into a voluntary DCA with the County which the public benefit contributions consist of , 20 feet of right -of -way and 10 -foot shared slope and construction easement along the Pine Ridge Road frontage, up to 5 feet of right -of -way and a 10 foot shared slope and construction easement along the Collier Boulevard frontage, $25,000 contribution for Collier Boulevard and Pine Ridge Road intersection signalization and construction project and construction of a CAT bus shelter. (Staff's request.) Item 913: Backup material for this item was omitted from the agenda packets. Copies have been made available. (Staff's request.) Add Item 91: Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, in support of the amendment of the Florida Statutes to require election of the Governing Boards of the Florida Water Management Districts. (Commissioner Coletta's request.) Item 10A continued to the October 10 BCC meeting: Recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee to implement a Red - cockaded Woodpecker Compliance Plan. (Staff's request.) Item 10E continued indefinitely: Recommendation to adopt a superseding resolution authorizing the fee simple and easement acquisition of property by condemnation for the purpose of constructing stormwater improvements to alleviate flooding in the East Naples area known as Phase One of the Lely Area Stormwater Improvement Project (LASIP). Fiscal Impact $1,838,000 (Project 511012). (Staff's request.) Item 12A: Under Fiscal Impact — Delete the first sentence and replaced with the following sentence: "No appraisal has been received but claimants asserts a diminuation of value of approximately $6 million dollars." (Staff's request.) Move 16E9 to 10M: Recommendation to spend $150,000 on the first stage of a multi- stage, multi- year effort to standardize the processes involved with the delivery of Capital Projects and to implement a computer system to assist County Project Managers, Project Number 75006. (Commissioner Coyle's request.) Continue Item 17B to the October 10, 2006 BCC meeting: Recommendation that the Board adopt an Ordinance amending Section 74 -202 of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for a change in the time period allowed for requesting an impact fee reimbursement, consistent with limitations set forth by the Florida Statutes. (Staff's request.) Time Certain Items: Item 10H to be heard at 10:00 a.m. Recommendation to approve the attached 16 Impact Fee Deferral applications and approve the Permanent Resident card as substantial proof of residency. Item 1013 to be heard at 11:00 a.m. Report to the Board of County Commissioners by representatives of the mining industry about the status of earth mining and specifically the mining of hard rock within the limits of Collier County and the limitations that have been put on those resources by Growth Management Plan and land development regulations. Item 8A to be heard at 1:00 p.m. Public Hearing for the Board of County Commissioners to consider and decide whether Collier County should exempt itself from the provisions of F.S. 316.2123 that generally permits the operation of all- terrain vehicle use on unpaved public roads under specified conditions and restrictions therein, which takes effect on October 1, 2006. Agenda Item No. 4A September 26; 2006 Page 1 of 2 PROCLAMATION WHEREAS, on March 20, 2003, American and Allied Forces began conducting military operations in Iraq, marking the beginning of Operation Iraqi Freedom; and, WHEREAS, more than one million troops have been deployed to Iraq since the invasion began, nearly 133,000 American forces continue to rotate in and out of the region, and countless will remain deployed during this holiday season; and, WHEREAS, with the holidays approaching, thousands of Americans are seeking ways to show their support; and, WHEREAS, Naples resident Cody Anderson organized a campaign to encourage people to donate 10,000 pre-paid calling cards to our troops in Iraq, so they can call home and keep in touch with loved ones and friends; and, WHEREAS, as part of this campaign, Mr. Anderson developed a Web site called www. tr000sintouch. us to display donated collectible items for auction to raise money to purchase the phone cards; and, WHEREAS, Mr. Anderson is working with Dave Elliott of 98.9 WGUF FM, local humanitarian Peter Thomas, and the Renda Broadcasting Corporation, to raise awareness of this campaign and hopes to reach his goal by November so that he can travel to Iraq to personally deliver these cards; and, WHEREAS, over the lost 30 years, Mr. Anderson has raised more than $100,000, received 10 letters of commendation from governors, and been awarded keys to 60 cities across America for his charitable contributions; and, WHEREAS, the Collier County Board of County Commissioners would like to express its appreciation to Mr. Anderson and all Collier County residents who support our veterans and wish our troops a safe return home. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that September 26, 2006 be designated as Troops In Touch For The Holidays DONE AND ORDERED THIS 26 ' Day of September, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Item Number: Item Summary: Meeting Date: Prepared By Paula Springs Board of County Commissioners Ar n c a I ?em rJC J,4, spterrber 2E, i;J6 Page . of 2 COLLIER COUNTY BOARD CW COUNTY COMMISSIONERS Proclamation recognizing the Troops In Touch For The Holidays campaign to be accepted by Ivtr. Cody Anderson. 9/26,'2006 9:00:00 AAA Executive Aide to the BCC BCC Office Date 9114!2006 4:48:57 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 911412006 4:52 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1412006 5:03 PM Agenda item No. 413 September 26, 2006 Page 1 of 2 PROCLAMATION WHEREAS, since 1957, the United Way of Collier County has sponsored and funded qualified, non - profit community agencies which provide essential social and health services to our citizens; and, WHEREAS, throughout the 49 -year history of the United Way of Collier County, the organization has demonstrated continued growth and is currently funding 30 community agencies providing services to all areas of our County; and, WHEREAS, the Board of County Commissioners gratefully acknowledge and support the fine work of the United Way of Collier County and its member agencies. NOW THEREFORE, be it proclaimed by the Board of Collier County Commissioners that the UNITED WAY OF COLLIER COUNTY AGENCY is formally recognized for their outstanding contributions to the community and wish them yet another year of great success as they kick off their 200612007 season. DONE AND ORDERED THIS 26t' day of September, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA FRANK HALAS, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Ane-Ae Item Nc, 4B c epte rri t--,ef 2c;. 2D)06 Page. 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS r Item Number: 4B Item Summary: proclamation recognizing the United Way of Collier County Agency for their outstanding contribution to the community and Wishing them vet another year of great success as they Kick off their 2006(200' season. To be accepted by Ernie Bretzmann, Executive Director. United Way of Collier County, Reg Buxton. United Way Campaign Chairman and Georgie Foster, United Way Campaign Chairman. Meeting Date: 9.26 %2006 9:00:00 AM Prepared By Paula Springs Executive Aide to the BCC Date Board of County Commissioners BCC Office 9115/2006 10:57:29 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 91'1512006 11:25 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9115/2006 12:32 PM Agenda Item No. 5A September 26, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Scott Belanger, Maintenance Specialist, Public Utilities Water Distribution, as Employee of the Month for September, 2006. OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Scott Belanger, Maintenance Specialist, Public Utilities Water Distribution, as Employee of the Month for September, 2006. CONSIDERATIONS: Scott recently accepted a new position within the Irrigation Quality (reclaimed) Water Control Section. He has taken the lead in identifying and implementing preventative maintenance measures for the re -use water system. Through his self- initiative and motivation, several outstanding regulatory issues have been completed in a timely and professional fashion. Scott has never taken the approach that something could not be done; rather, how he can make it happen. Scott has stepped up to assist in organizing and implementing several programs to increase productivity, manage time more efficiently, and maximize his field time. Scott volunteers to work overtime to ensure that necessary repairs are made to minimize interruptions in service for Collier County residents. Scott takes personal ownership of the facilities he maintains and places the customers' and County's needs in front of his own. FISCAL IMPACT: "Employee of the Month" selected receives a $150.00 cash award. Funds for this award are available in the relevant department's Budget. Cost Center. GROWTH MANAGEMENT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the recognition of Scott Belanger as "Employee of the Month" for September 2006. PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Human Resources Department ^enda Item No 5! SePlembe' H, 2!)J" Page 2 c42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 5A Item Summary: To recognize Scott Belanger as Employee of the Month for September 2006. Meeting Date: 9/26;2006 9 :00 00 AM Approved By Matt Pylant Administrative Services Employee Recognition Coordinator Human Resources Date 8118/2006 9:41 AM Approved By Management 8 Budget Director Date Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 811812006 12:14 PM Approved By County Manager Date OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management 8 Budget 9112/2006 6:44 AM Approved By Michael Smykowski Management 8 Budget Director Date County Manager's Office Office of Management 8 Budget 9/1312006 11:44 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9113/2006 3:32 PM r Agenda Item No. 5i3 September 26, 2006 Page 1 of 2 COLLIER COUNTY WASTEWATER DEPARTMENT 10500 Goodlette Rd. • Naples, Florida 34109 • (239) 594- 1731•FAX: (239) 597 -3504 Jon Iglehart South District Director Florida Department of Environmental Protection P.O. Box 2549 Fort Myers, FL 33902 -2549 August 27, 2006 Dear Mr. Iglehart, Please accept this letter as a confirmation and invitation to be in attendance for the presentation of the Department of Environmental Letter of Early Closure of Consent Order OGC -01- 0552 -11 -DW to the Board of County Commission. The presentation will be taking place starting at 9:00 AM Tuesday, September 26, 2006, at the Collier County Board of County Commissioner (BCC) Meeting held at the BCC Meeting Room, Collier County Complex - Building F, 3301 Tamiami Trail East. On behalf of the Collier County Public Utilities Division, I would like to extend my appreciation to you, Dr. Ahmadi, and Keith Kleinmann for your decision to support our request for early closure of the Consent Order OGC -01- 0552- 11 -DW. At anytime should you have any questions or comments on this letter please call me at 239 289 -9685. Respectfully, G. George Yilmaz , Ph.D., P.E., P.H. R.E.P. Wastewater Director Collier County Water Sewer District Copy: Jim Mudd, P.E, County Manager James W. Del-ony, P.E., Public Utilities Administrator Dr. Abdul Ahmadi, P.E., Florida Department of Environmental Protection Keith Kleinmann, Florida Department of Environmental Protection A :;�e"aa Item Ivo. SB Sept(- nberr 26 W) P a ae v` 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 56 Item Summary: Presentation by Florida Department of Environmental Protection for tine eariy closwe of the Wastewater Consent Order originally scheduled to be closed in 201& Meeting Date: 5;26112006 9:00:00 AM Approved By G. George Yilmaz Waste Water Director Date Public Utilities WasteWater 917/2006 10:33 AM Approved By Ron Molly Operations Manager Date Public Utilities Wastewater 917120061:00 PM Approved By Barbara A. Olko Administrative Assistant Date Public Utilities Public Utilities Operations 9/1112006 4:50 PM Approved By Gwen Walker Executive Secretary Date Public Utilities Public Utilities Admin 911272006 11:25 AM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9!13,'2006 2:311 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9!1412006 1 �49 PM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 9114i2006 2:40 Pfd Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9114,'2006 3:22 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1412006 4:35 PM Agenda Item No. 5C September 26, 2006 Page 1 of 2 EXECUTIVE SUMMARY To Recognize Gary McAlpin for his exceptional leadership and management of the Collier County / City of Naples 2006 Beach Renourishment Project OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Gary McAlpin for his exceptional leadership and management of the Collier County / City of Naples 2006 Beach Renourishment Project. CONSIDERATION: Major renourishment of the beaches of the City of Naples, a portion of Pelican Bay and Vanderbilt Beach was recently completed. The newly widened beach with high quality sand has received rave reviews by beach fans around the County. The success of this $24.2M project was in no small part the result of the outstanding leadership and program management of our Coastal Projects Manager, Gary McAlpin. Gary provided the direction, oversight and coordination of the many participants, including the Army Corps of Engineers, FEMA, Florida Department of Environmental Protection, other federal and state agencies, consultants, staff and others to bring the project into fruition. FISCAL IMPACT: There is no fiscal impact involved with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners recognizes Gary McAlpin for his exceptional leadership and management of the Collier County / City of Naples 2006 Beach Renourishment Project. PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Department of Human Resources Agenda (tern Ne- 5C �eptemher 26. 205F Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 5C Item Summary: To recognize Gary McAlpin for his exceptional leadership and management of the CDllier County /City of Naples 200E Beach Renourishmeni Piojert. Meeting Date: 9!2,;'2006" 9:00:00 AM Prepared By Matt Pylant Employee Recognition Coordinator Date Administrative Services Human Resources 9/11/2006 2:27:06 PM Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 911112006 4:34 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9/1212006 11:54 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9113!2006 9:05 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9/1312006 10:50 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office. of Management & Budget 9113;2006 11:43 AM ..«... Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1412006 4:37 PM Agenda Item No. 5D September 26, 2006 Page 1 of 2 EXECUTIVE SUMMARY To Recognize Allen Madsen for his exceptional performance as the on -site representative of Collier County and ambassador to the public for the Collier County / City of Naples 2006 Beach Renourishment Project OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Allen Madsen for his exceptional performance as the on -site representative of Collier County and ambassador to the public for the Collier County / City of Naples 2006 Beach Renourishment Project. CONSIDERATION: A major player and contributor in the success of the beach renourishment project is Al Madsen. Al was the on -site eyes and ears for Collier County, ensuring the beach construction contractor was observing all required procedures and safety practices, working with beach front hotel managers to minimize business impacts, serving as our goodwill ambassador and answering the myriad of questions from our residents and wide -eyed tourists. AI's long hours and full weeks were a major element in completing the project with a minimum of problems. FISCAL IMPACT: There is no fiscal impact involved with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners recognizes Al Madsen for his exceptional performance as the on -site representative of Collier County and ambassador to the public for the Collier County / City of Naples 2006 Beach Renourishment Project. PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Department of Human Resources Auenaa Item No 5G September 26.. 257 Kj pane 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 5D Item Summary: To recognize Allen Madsen for his exceptional performance as the on -site representative of Collier County and ambassador to the public for the Collier CountylCity of Naples 2006 Beach Ren DUrlshmenl Project. Meeting Date: 9/26/2006 9:0000 AM Prepared By Matt Pylant Employee Recognition Coordinator Date Administrative Services Human Resources 9/1112006 2:31:11 PM Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 9111/20064:34 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9/12/2006 11:55 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2006 9:05 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 911312006 10:52 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9fl3,12006 11:43 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9M 2006 5:09 PM Agenda Item No. 6A September 26, 2006 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 September 14, 2006 Ms. Shirley A. Ison 1330 Rock Road Naples, FL 34120 Re: Public Petition Request to Discuss Towing Charge to Remove Car From Rock Road Dear Ms. Ison: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 26, 2006 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, J G ames V. Mudd � County Manager JVM /jb cc: David Weigel, County Attorney Please print Name: Request to Speak under Public Petition E Address: 33 oR cle 2(j. Date of the Board Meeting you wish to speak: i Agenda Item No. 16A September 26, 2006 RECEIVED COUNTY QqSO4bjV FME SEP f A 29M qVaQ w Please explain in detail the reason you are requesting to speak (attach additional page if necessary): Please explain in detail the action you are asking the Commission to take (attach additional Pape if necessary): F: \DATA \PETITION POLICY FOR PUBLIC PETITION \Public Petition Request Form.doc Agenda Item No. 7A September 26, 2006 Page 1 of 225 EXECUTIVE SUMMARY Petition: CU- 2005 -AR -7181, Basil Street Partners, LLC, represented by Clay Brooker, Esquire of Cheffy, Passidomo, Wilson & Johnson, requesting approval of a Conditional Use for a passive recreational facility in the Agricultural (A) Zoning District, as specified in Section 2.04.03 of the Collier County Land Development Code. The subject properties, consisting of 4.32 acres, are located at 10111 and 10121 Keewaydin Island, in Section 14, Township 51 South, Range 25 East. OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERATIONS: The petitioner requests to continue indefinitely the BCC hearing date in order to evaluate the proposed development after the CCPC recommendation to the BCC (see attached request for continuance). The petitioner requests approval of a Conditional Use for a passive recreational facility to permit a covered pavilion in the Agricultural (A) Zoning District, as specified in Section 2.04.03 of the Collier County Land Development Code (LDC). The proposed CU will permit a recreational facility limited to passive recreational uses including a 2,925 square foot elevated and screened covered pavilion, of which 2,363 consist of an open screened deck with seating for 56 people, and the remaining 562 square feet are restrooms with showers and an ADA lift. The proposed pavilion will serve as an amenity and provide beach access for owners and residents of the Naples Bay Resort projects. As depicted in the conceptual plan (Exhibit "C" of the resolution), access from the Naples Bay Resort property to the subject site is by boat via the Gulf of Mexico on the west or by the Rookery Bay Channel on the east. An existing dock on the east side of the property provides mooring for the shuttle traveling via the Rookery Bay Channel. The existing boardwalk is proposed to be extended to provide pedestrian access from the dock to the proposed elevated pavilion, the west side of the property, and the beach on the Gulf of Mexico side. FISCAL IMPACT: The use, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the Conditional Use is approved, the existing land will be developed, and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as NORTH BAY RESORT BEACH PAVILION, CU- 2005 -AR -7181 EXECUTIVE SUMMARY Page 1 of 5 Agenda hem .Nlo. 7A Septern er 26, 2006 Page 2 of 225 needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 10.02.07(C) of the Land Development Code, fifty percent (50 %) of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is designated Conservation, as identified on the Future Land Use Map of the Collier County Growth Management Plan. According to the Future Land Use Element, the overall purpose of this designation is to conserve and maintain the natural resources of the County, and their associated environmental, recreational and economic benefits. Because of their ecological value and sensitivity to perturbation, all proposals for development in this designation are subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values of these areas (FLUE, 2000). In addition to limited residential development, the Conservation Designation permits recreational camps, passive parks, and other passive recreational uses; and the essential services necessary to serve these permitted uses, such as private wells and septic tanks. According to the Conservation and Coastal Management Element, Policy 10.3.12, for areas identified as Coastal Barrier systems, new developments or redevelopments are required to be in the form of a Planned Unit Development (PUD). However, as noted in the cover letter submitted with the application, the petitioner has discussed this issue with County's planning and environmental staff, who has taken the position that the Conditional Use process and not a PUD rezone should be utilized for this project. Furthermore, in the past, the County legal department has been reluctant to enforce this policy, determining that the County can not legally mandate PUDs, but merely encourage them. Based upon the above analysis, staff concludes that the proposed rezone may be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION• The Environmental Advisory Council heard this petition in their February 1 st, 2006 meeting and unanimously recommended denial (9 -0) of the subject petition based on concerns in regards to carrying capacity of Keewaydin Island, not only by this project, but the precedent this petition will set for future projects; concern with enforceability of the proposed maximum capacity of 56 people on the site; that The Memorandum of Agreement with the Rookery Bay Estuary Research Center and the property owner was not finalized at the time of the EAC hearing; and that the sewage capacity was not explained in detail in the application. NORTH BAY RESORT BEACH PAVILION, CU- 2005 -AR -7181 EXECUTIVE SUMMARY Page 2 of 5 September 26. 2006 Paae 3 of 225 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION• The Collier County Planning Commission (CCPC) heard the North Bay Resort Beach Pavilion at its July 20th, 2006 meeting. The CCPC voted 8 to 0 to forward this petition to the BZA with a recommendation of denial based on the following issues: 1. Inconsistency with LDC Section 3.03.07., Undeveloped Coastal Barriers (density issue): The CCPC felt that the seating for 56 persons was too large. 2. Inconsistency with LDC Section 2.03.07.: The project is incompatible with the preservation of the environmentally sensitive lands. 3. Inconsistency with LDC Section 10.08.00.D.1.: GMP inconsistency; 10.08.00.D.3.: noise and economic issues; and 10.08.00.D.4.: The CCPC felt that the project was not compatible with the adjacent properties. 4. Inconsistency with GMP and CCME items 10.6.1.1.: density issue; 10.3.8.: (density issue); and 10.3.2.: The CCPC felt that the size of the proposed facility was too large. 5. Inconsistency with FLUE Section 5.4.: Land Use compatibility issues. Because the CCPC recommended denial of the requested conditional use, this petition could not be placed on the Summary Agenda. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the BZA must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 10.08.13, of the LDC, and signed by each CCPC member. These evaluations are provided as separate documents that have been incorporated as an attachment to the resolution. A summary of the legal considerations and findings is noted below: 1. Granting of the conditional use will not adversely affect the public interest and the specific requirements governing the individual conditional use, if any, have been met by the petitioner and that, further, satisfactory provision and arrangement has been made concerning the following matters as noted below: A. The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. B. The petitioner has provided adequate provisions for ingress and egress to property and proposed structure thereon. C. The conditional use would not have a negative effect on neighboring properties in relation to noise, glare, economic or odor effects. NORTH BAY RESORT BEACH PAVILION, CU- 2005 -AR -7181 EXECUTIVE SUMMARY Page 3 of 5 Agenda Item No. 71A September 26, 2006 Page 4 of 225 D. As conditioned, the Conditional use will be compatible with adjacent properties and other property in the district. As noted in the attached staff report, this petition can be deemed consistent with the above listed criteria for approving a conditional use application if approved subject to staff stipulations and including the Operations Manual developed by the petitioner and made part of this application. It should be noted that the CCPC recommen( proposed mitigation and operations manual was on the adjacent environmentally sensitive lands. RECOMMENDATION: that the BZA deny this petition because the not enough to offset the impacts of the project That the Collier County Board of Zoning Appeals (BZA) approve petition CU- 2005 -AR -7181, subject to the adoption of the following conditions: The use is limited to what is depicted on the site plan identified as "The Beach Club - Keewaydin Island — Conceptual Site Plan" prepared by Kuhlman Engineering, Inc., dated January, 2005, except as further conditioned below. - 2. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP pen-nit shall be obtained, and copies provided, prior to issuance of a Collier County Site Development Plan. 3. Permanent conservation easements dedicated to the County will be required over the 0.43 acre area preserve within 90 days of SDP approval or prior to CO of the building, whichever comes first. 4. Site Development Plans shall depict a staging area for the construction equipment and the impacts to the area along with replanting /re- vegetation plans. 5. The Conditional Use will expire three years from the date of approval if no development is commenced; however, Conditional Use extension approval may be sought if such is allowed by the LDC regulations in effect at that time. 6. Approval of this Conditional Use shall not be construed as approval of the attached conceptual site plan; the site plan shall be formally reviewed and approved as part of the Site Development Plan (SDP) process. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. NORTH BAY RESORT BEACH PAVILION, CU- 2005 -AR -7181 EXECUTIVE SUMMARY Page 4 of 5 Agenda Item No. 7A September 26, 2006 Page 5 of 225 The Department of Zoning and Land Development Review Director may approve minor changes in the location, site layout or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of the application, shall require the submittal of a new conditional use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including Section 10.02.03B.3. of the Collier County Land Development Code. PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review NORTH BAY RESORT BEACH PAVILION, CU- 2005 -AR -7181 EXECUTIVE SUMMARY Page 5 of 5 Aaei;da Item No. 7A S<riembi , 26, 26,016 Parse 6 of 225 COLLIER COUNTY BOARD OF COUI4TY COMMISSIONERS Item Number: A Item Summary: The petitioner requests to continue indefinitely the BCC hearing date in order 1D evaluate the proposed development after the CCPC recommendation to the BCC. This item requires that all participants be sworn in and ex parts disclosure be provided by Commission members. Petition. CU- 2005 -AR -7181, Basil Street Partners, L LC, represented by Clay Brooker, Esquire of Cheffy_ Passidomo. Wilson & Johnson, requesting approval of a Conditional Use for a passive recreational facility in the Agricultural (A) Zoning District, as specified in Section 2.04.03 of the Collier County Land Development Code. The subject properties, consisting of 4.32 acres, are located at 10111 and 10121 Keewaydin Island, in Section 14, Township 51 South, Range 25 East Meeting Date: 9126/2006 9:00:00 AM Prepared By Carolina Valera Urban Design Planner Date Community Dnvelopment & Environmental Services Zoning & Land Development Review 9113!2006 2:56:43 PM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 911312006 4:22 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9;13f2006 8:29 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 911412006 7:39 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 9/14/2006 4:54 PM Approved By Community Development 8 Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services Environmental Services Admin. 9/14/2006 0:02 PM Approved By Marjorie M. Student - Stirling Assistant County Attorney Date . County Attorney County Attorney Office 911812006 8:19 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Managemnnt & Budget 9118,'2006 9:37 AM Approved By Mark isackson Budget Analyst Date County Manager's Office Office of Management & Budget 91812006 12:03 PM Approved By Jaynes V, Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1812006 12:18 PM Agenda Item No. 7A September 26, 2006 Page 7 of 225 RESOLUTION 06 - A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE OF THE "A" AGRICULTURAL ZONING DISTRICT TO PROVIDE A PASSIVE RECREATIONAL FACILITY CONSISTING OF AN ELEVATED SCREENED AND COVERED PAVILION, SCREENED DECK, AND RESTROOMS WITH SHOWERS, WHICH WILL SERVE AS AN AMENITY AND PROVIDE BEACH ACCESS FOR OVIrNERS AND RESIDENTS OF THE NAPLES BAY RESORT PROJECTS TO BE CONSTRUCTED ON TWO LOTS ON KEEWAYDIN ISLAND PURSUANT TO SECTION 2.04,03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 14, TOWNSHIP 51 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use to provide a passive recreational facility, consisting of an elevated screened and covered pavilion, screened deck, and restrooms with showers, which will serve as an amenity and provide beach access for owners and residents of the Naples Bay Resort projects, to be constructed on two lots on Keewaydin Island, of Section 2.04.03 of the Collier County Land Development Code of the "A" Agricultural zoning district on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08,000, of the Land Development Code; and WHEREAS, all interested panties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. Agenda Item No. 7A September 26. 2006 Paae 8 of 226 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The petition filed by George Varttadoe, Esquire of Cheffy, Passidomo, Wilson & Johnson for Basil Street Partners, LLC, representing with respect to the property hereinafter described as: Exhibit "B" attached hereto and incorporated by reference herein be and the same is hereby approved for a Conditional Use of Section 2.04.03 Collier County Land Development Code in the "A" Agricultural Zoning District to provide a passive recreational facility, consisting of an elevated screened and covered pavilion, screened deck, and restrooms with showers, which will serve as an amenity and provide beach access for owners and residents of the Naples Bay Resort projects, to be constructed on two lots on Keewaydin Island, in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super- majority vote, Done this day of ATTEST: DWIGHT E. BROCK, CLERK A )r ve as to form and leg 1 I ic'y Mar rie M. Student- Stirling Assi tant County Attorney CU -2005 -AR -71 S UCV /sp 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN Attachments: Exhibit A: Collier County Planning Commission Findings of Fact Exhibit B: Legal Description Exhibit C: Conditional Use Conceptual Site Plan 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR, CU- 2005 -AR -7181 The following facts are found: Agenda item No. 7A September 26; 2006 Page 9 of 225 1. Section 2.04.03, Table 2, of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of- A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. .ingress and egress to properly and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes _ No %\ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, be ree6gwAcndedXor approval to the Boaxd of Toning Appeals. DATE: 9-7,0 -66 CHAIRMAN:t EXHIBIT A t?genaG item No. 1A September 26. 2006 'age 10 of 225 . BASIL STREET PARTNERS, LLC Legal Description The North 89.3 feet of Government Lot 2, Section 14, Township 51 South, Range 25 East, Collier County, Florida (measured at a 90 degree angle to the north line of said Government Lot 2, said north line also being the common line separating Sections 11 and 14, Township 51 South, Range 25 East, Collier County, Florida). Also The South. 89.3 feet of the North 178.6 feet of Government Lot 2, Section 14, Township 51 South, Range 25 East, Collier County, Florida (measured at a 90 degree angle to' the north line of said Government Lot 2, said north, line also being the common line separating Sections 11 and 14, Township 51 South, Range 25 East, Collier County, Florida). d r_0 ,SON D N C3 :O r. E 04 _ � � N o Ea C � () i1 Q C/) 1181HX3 - -^�••�TM« ca .00 =.l NV-1d 3115 d31SVW CINT13, NloAvm33K- an-io FlOV36 3H1 n�aa�u afafnlsnifxn °+t:v:�,t .^art �""•.•"^�ta4s7f}M 'I �HI 'ONill33NIrIN NVW:unm V e ��A(pAlfK MM�.�%fAy �3 o° 8 e� tit tits i 6 s kill Agenda Item No. 7A September 26, 2006 Page 12 o'12125 CONDITIONS OF APPROVAL CU- 2005 -AR -7181 1. The use is limited to what is depicted on the site plan identified as "The Beach Club - Keewaydin Island — Conceptual Site Plan" prepared by Kuhlman Engineering, Inc., dated January, 2005, except as further conditioned below. 2. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Site Development Plan. 3. Permanent conservation easements dedicated to the County will be required over the 0.43 acre area preserve within 90 days of SDP approval or prior to CO of the building, whichever comes first. 4. Site Development Plans shall depict a staging area for the construction equipment and the impacts to the area along with replanting /re- vegetation plans. The Conditional Use will expire three years from the date of approval; however, Conditional Use extension approval may be sought if such is allowed by the LDC regulations in effect at that time. 6. Approval of this Conditional Use shall not be construed as approval of the attached conceptual site plan; the site plan shall be formally reviewed and approved as part of the Site Development Plan (SDP) process, No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. 7. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of the application, shall require the submittal of a new conditional use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including section 10.02.03B.3. of the Collier County Land Development Code. EXHIBIT D COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET y nni� Agenda Item No. 7A 2800 NORTH HORSESH&606 er1 6. 2006 NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 REQUEST FOR CONTINUANCE OR WITHDRAWAL CHECK ONE: ® CONTINUANCE ❑ WITHDRAWAL IF a continuance is requested, please indicate length of time: to: OR ® Indefinite From: ❑ Planning Commission ® Board of County Commissioners 1. Date of Scheduled Hearing: September 26, 2006 2. Applicant /Project Name: Basil Street Partners, LLC / Keewaydin Island Naples Bay Resort Beach Pavilion 3. Application /Case number: CU- 2005 -AR -7181 4. Type of Application (examples: Rezoning, Conditional Use or Variance) Conditional Use 5. Reason for Request: Evaluation of proposal after CCPC hearing UNDER PENALTIES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525, 1 DECLARE THAT I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED IN IT ARE TRUE. �� q-141—o& SIGNATURF16F APPLICANT OR AUTHORIZED AGENT DATE Clay C. Brooker ccbrookertC- napleslaw.com PRINTED NAME e-mail address Address: 821 Fifth Avenue South Suite 201 Naples, Florida 34102 (239) 261 -9300 Phone number (239) 261 -9782 Fax number F:%wpdocs\LMCCB\Antararnian\Boat Haven -- 91301Keewaydin \Request for Continuance 4.doc 1, 0r-�- Agenda Item No. 7A September 26.. 2006 AGENDA ITEg% h of 225 Collier County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION PROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JULY 20, 2006 SUBJECT: PETITION CU- 2005 -AR -7181 (NORTH BAY RESORT BEACH PAVILLION) PROPERTY OWNER/AGENT: OWNER: Basil Street Partners, LLC AGENT: Clay Brooker 365 5 °' Avenue South Cheffy, Passidomo, Wilson & Joluison, LLP Suite 201 821 5th Avenue South, Suite 201 Naples, FL 34102 Naples, FL 34102 REQUESTED ACTION: The petitioner requests approval of a Conditional Use for a recreational facility in the Agricultural (A) zoning district, as specified in Section 2.04.03 of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject properties, consisting of 4.32 acres, are located at 10111 and 10121 Keewaydin Island, in Section 14, Township 51 South, Range 25 East, Collier County, Florida (see location map on the following page). PURPOSE /DESCRIPTION OF PROTECT: The petitioner seeks a Conditional Use to permit a recreational facility limited to passive recreational uses including a 2,925 square foot elevated and screened covered pavilion, screen deck, restrooms with showers, and seating for 56 people, which will serve as an amenity and provide beach access for owners and residents of the Naples Bay Resort projects. l As depicted in the conceptual plan (Exhibit "C" of the resolution), access from the Naples Bay CU- 2005 -AR -7181 Page 1 of 10 °k / \G% \/ <e � M§ a§ § a � || 2 , q 2V | | - I% — m �� . ■ � |a A I ® I O - § w k . ■ k� E` ; G z E§ B k Agenda liern No. 7.G, September 26, 2006 Page 16 of 225 Resort property to the subject site is by boat via the Gulf of Mexico on the west or by the ( Rookery Bay Channel on the east, An existing dock on the east side of the property provides mooring for the shuttle traveling via the Rookery Bay Channel. The existing boardwalk is proposed to be extended to provide pedestrian access from the dock to the proposed elevated pavilion, the west side of the property, and the beach on the Gulf of Mexico side, SURROUNDING LAND USE & ZONING: North: Rookery Bay Estuarine Research Reserve, zoned Agricultural (A -ST) (unimproved). East: Rookery Bay Channel South: State of Florida property, zoned Agricultural (A -ST) (unimproved). West: Gulf of Mexico 777; /Jrl i''JJr /J / /JJ / /�' rY ,� ..•� 1 ": tlG %/ J //`; /J!J Pr rJ�',r JJr l/� J,JJY /J/!r /'�ISJYj� :T'r1,J /Jri /! jr" JJ 11 ?�/ t� ;/! JJ /S /% t� i% , /// Y / Jr r rJ3 -'". -r l•. '•%rl `! /J JJr '/ / 'r /Jr ` r Jl. / /•J r\S,i Tr JJrJ /' / � �( 1/J iJ JJ,, rrJ,JJ /r / /1J i . / /./ ' J ' / / /,J• / JJ / , .l r.l . /%r -'J J' /% r /r'JJ, ,`r /,':JJJ /J J.. /J- .s.r,� / ifl! / /J/ J JJ SUBJECT ".rJ ; / r'{ �' lr /// / /.J 1rJJr r1/'Jli /• / rJJ '`JJ JJ JrJ. JJ: 1, , �,'r�i'J .r JJ �J _ JJ ` J JJ, i/J J�. J 1 /J�' / \JJJ ;i r J r J J , �,J � /JJ 1 . �' 1 1 r J //J J' / ,', .' "J / ✓-d. -J J/ J {,�r-r';� PROPER IN' i l/ J lr/ % J J,J J} / J J J �J ,J J J -! rJ' J J 1 ;/ J •' J JJ J 1, J J LJJ ;, . J i r 1 J ♦ n J�v •' j j., %r rhi ! Jr ;'r J -�Q • J Y `Tii l:��t ♦ ' JJr 1 / % '''J /i �=� J J J , J iJ''J /J/ r /r/ /J /J J7�JJ]J Ji.lb J/ /Jr J/r J / /•i` . /,- J 1,J'/ GULF Df IJE%ICD EXCERPT FROM ZONING MAP AERIAL PHOTO CU- 2005 -AR -7181 Page 3 of 10 Agenda Item No. 7A September 26, 2006 Page 17 of 225 AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Conservation, as identified on the Future Land Use Map of the Collier County Growth Management Plan. According to the Future Land Use Element, the overall purpose of this designation is to conserve and maintain the natural resources of the County, and their associated environmental, recreational and economic benefits. Because of their ecological value and sensitivity to perturbation, all proposals for development in this designation are subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values of these areas (FLUE, 2000). In addition to limited residential development, the Conservation Designation permits recreational camps, passive parks, and other passive recreational uses; and the essential services necessary to serve these permitted uses, such as private wells and septic tanks. According to the Conservation and Coastal Management Element, Policy 10.3.12, for areas identified as Coastal Barrier systems, new developments or redevelopments are required to be in CU- 2005 -AR -7181 Page 4 of 10 Agenda Item No. 7A September 26, 2006 Page 16 of 225 the form of a Planned Unit Development (PUD). However, as noted in the cover letter submitted with the application, the petitioner has discussed this issue with County's planning and envirorunental staff, who has taken the position that the conditional use process and not a PUD rezone should be utilized for this project. Furthermore, in the past, the County legal department has been reluctant to enforce this policy, determining that the County can not legally mandate PUDs, but merely encourage them. Based upon the above information, staff concludes the proposed conditional use may be deemed consistent with the Future Land Use Element. WYWMI DKh Area 1F4179f sc,een4d 14th Ares 1.98 A R nta(raam A1ee S R y r forAL ARIA N'tS15 j,•.. -fir _ �-+.: , e� i�a .; w _^.., ��' �. i '• pq•' 9ubut Pam Fk.Wk� . .. COVERED DECK \ -�•... ....� . �. ° ... 47 O^ SCREVIEDDECK ADA UFT r, —'�„an v,,,�►,HE BEACH CLUB FLOOR PLAN �� , • • �'' KEEWAYDIN ISLAND ,9 F11 00 se r R i ,�� C n l t F ft r, f CONCEPTUAL PAVILION FLOOR PLAN CU- 2005 -AR -7181 Page 5 of 10 4 CD Ln SON .O EN� a) N — -0 iT 0 a� C N C m d cn 8 fil gg H till HN-11 ,iA �8 PEN ism, I Ob =..L Ntl7d 3115 H31StlW AC/:dlpC3a133N6 ONVISI NIOAVM33N - on-10 HOV98 8111 acltl.u.wca.ur.. �Nlr'�)Nf 3�7NION:� 1 \VI�'7Hf1)I U ^��• cNpsu3tl 8 fil gg H till HN-11 ,iA �8 PEN ism, I k �'k � y Agenda Item No. 7A September 26, 2006 Page 20 of 225 VIEW L0CMNQ FROM AT M W CH THE BEACH CLUB i0 `6 KEEWAYDIN ISLAND CU.10 1SAR -7191 @RWFC ea00i7700L8 ! DAYE: Lffi95 CONCEPTUAL PAVILION ELEVATION ANALYSIS: DYEHOU SE COMERIATO Before any Conditional Use recommendation can be heard by the Board of Zoning Appeals, the Planning Commission must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest; 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, the request for a recreational facility is permitted as a Conditional Use in the Agricultural zoning district of the LDC and it is consistent with the Future Land Use Element of the GMP. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. CU- 2005 -AR -7181 Page 7 of 10 Agenda Item No. 7A September 26, 2006 Page 21 of 225 Adequate ingress and egress to the site is proposed, as it exist today, by boat via the Gulf of Mexico on the west side of the island, or by the Rookery Bay Channel on the east side. The proposed extension of the existing boardwalk would provide adequate pedestrian access from and to the east and west side of the subject property and to the proposed pavilion. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor. The subject site abuts vacant agricultural zoned properties uses that are owned by State and Federal Governments. A Conditional Use is defined in the LDC as: "A use that, due to special circumstances, is not permissible in a zoning district, but may be appropriate if controlled as to number, area, location, or relation to the neighborhood." Staff believes the control criteria have been met as the site plan shows that the majority of the site will remain densely vegetated and is more than 900 feet from the nearest structure, therefore, the project will have a minimal effect on neighboring properties. 4. Compatibility with adjacent properties and other property in the district. In addition to limited residential development, the Conservation Designation permits recreational camps, passive parks, and other passive recreational uses; and the essential services necessary to serve these permitted uses, such as private wells and septic tanks. Therefore, staff believes that the proposed passive recreational facility use, as sited on the property, is compatible with adjacent properties in the district. EAC RECOMMENDATION: The Environmental Advisory Council heard this petition in their February 1", 2006 meeting and unanimously recommended denial (9 -0) of the subject petition based on concerns in regards to carrying capacity of Keewaydin Island, not only by this project, but the precedent this petition will set for future projects; concern with enforceability of the proposed maximum capacity of 56 people on the site; that The Memorandum of Agreement with the Rookery Bay Estuary Research Center and the property owner should have been drafted; and that the sewage capacity needs to be addressed. NEIGHBORHOOD INI+ORMATION MEETING: The applicant held the required meeting on July 20, 2005 at 5:30 p.m. at the Norris Center, Cambier Park. Approximately thirty -five people attended, including the agent's team and county staff. Several neighboring property owners stated opposition to the proposed conditional use due to concerns over human impacts to the environmentally sensitive area. Other concerns stated included lights, noise, littering and safety of island residents. Representatives of several area environmental agencies expressed concerns regarding species habitat impacts particularly to turtle nesting and protected mangroves. Mr. Clay Brooker, agent for the applicant, addressed the property owner's worries stating that the developer will comply with all federal, state and local permitting regulatory agencies and assured them that construction of the structures would occur outside of the turtle nesting season. (Synopsis provided by Linda Bedtelyon, Community CU- 2005 -AR -7181 Page 8 of 10 Agenda Item trio. 7A September 26, 2006 Page 22 of 225 Planning Coordinator). STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward petition CU- 2005 -AR- 7181 to the Board of Zoning Appeals with a recommendation of approval, subject to the adoption of the following conditions; The use is limited to what is depicted on the site plan identified as "The Beach Club - Keewaydin Island — Conceptual Site Plan" prepared by Kuhlman Engineering, Inc., dated January, 2005, except as further conditioned below. 2. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Site Development Plan, 3. Permanent conservation easements dedicated to the County will be required over the 0.43 acre area preserve within 90 days of SDP approval or prior to CO of the building, whichever comes first. 4. Site Development Plans shall depict a staging area for the construction equipment and the impacts to the area along with replanting /re- vegetation plans. The Conditional IJse will expire three years from the date of approval if no development is commenced; however, Conditional Use extension approval may be sought if such is allowed by the LDC regulations in effect at that time. 6. Approval of this Conditional Use shall not be construed as approval of the attached conceptual site plan; the site plan shall be formally reviewed and approved as part of the Site Development Plan (SDP) process. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirements, the site plan must be brought into compliance prior to the issuance of any site development plan approval. 7. The Department of Zoning and Land Development Review Director may approve minor changes in the location, site layout or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of the application, shall require the submittal of a new conditional use application, and shall comply with all applicable County Ordinances in effect at the time of submittal, including section 10.02.03B.3. of the Collier County Land Development Code. W- 2005 -AR -7181 Page 9 of 10 Agenda Item No. 7A September 26; 2006 Page 23 of 225 PREPARED BY: za 41" 1• to C OL VALERA, PRINCIPAL PLANNER DATE PART ENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ARJ RIE M. STU ENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY 7 0-6 YMO D V. BELLOWS, MA AGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: DATE 4� 711-P J EPH K, SCHMITT ADMINISTRATOR -T' oG DATE MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION j I vvi WL �� '4�L MARK STRAIN, CI- AIRMAN CU- 2005 -AR -7181 Page 10 of 10 10, 0 DATE Agenda Item No. 7A CU- 2005 -AR -7181 September 26, 2006 - PROJECT #2004070018 age 24 of 225 DATE: 2/22/05 ROBIN MEYER F�Rar CONDITIONAL USE PETITION �l1 PRE - APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST �— �'�`( C� Planner: Ll - Date: Time: Project Name: Project Addr/Lo J L5 Applicant Name: �� t SA"lP v � Phone: G --4 3 — © (C 6 Firm: Type of Petition: , `--�'4 Current Zoning: ' Owner Name: Owner Address:. 25 _5 A �V5,<5 S 0X_Ahone: Meeting Attendees: KF-U 66 ag I,t �►.�� mss: ...�: � �� SUBMITTAL REQUIREMENTS: 20 copies of Application, completed (1 additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) One (1) Addressing Checklist signed by Addressing Dept 20 copies of Pre - application meeting notes 20 copies of Conceptual Site Plan 24" X 36" plus (one 8 1/2 X 11 copy) wo (2) Copies of Deed(s) Completed Owner /Agent Affidavits, Notarized Four (4) Environmental Impact Statement (EIS), or waiver. 2 t✓ � L 8 P�VQL,- I,- -vorL c5'A D qV -, vow GPu L7 N4*�iZi2 i�t- Wt) N1VL-A-rx1- -< �O YI 4) s fG'W4 _Lir- S`{ w yO AA1 J COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET .7'71� Agenda Item No. 7A September 26, 2006 2800 NORTH HORSESHOLPWgVf- o'1225 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 PETITION NO (AR) CU-2005-AR-7181 PROJECT NAME PROJECT #2004070018 PROJECT NUMBER DATE: 2/22/05 DATE PROCESSED ROBIN MEYER R ASSIGNED PLANNER ABOVE TO BE COMPLETED BYSTAFF yxi 'T ... . ... . P . ... OF APPLICANT(S) BASIL STREEr PARTNERS, LL C APPLICANT'S MAILING ADDRESS: 365 FIFTH AVENUE SOUTH, SLNTF 207 CITY. NAPL STATE: ELORIDA ZIP: 34702 TELEPHONE# (232) 434-0600 CELL # L232; 434-6656 FAX # E-MAIL ADDRESS: NAME OF AGENT: GEORGE VARNADOE, ESQ, FIRM CH Y PASSIDOMO WILSON & JOHNSON ADDRESS: 821 FIFTH A VENUE SouTH, SLOTE 201 CITY: NAPLES STATE: fhognpA ZIP: 34102 TELEPHONE #: (239) 26 L-2300 FAX #: (2391261-9782 E-MAIL ADDRESS: GLVARNADOE(d)-N6PLESLAW.COM P,8 THAT:::COLLIEk--i COUNTY ;HAS '7L�099YISTIREG.ULATIONS "GUID15: ..... ........ ........... - .... ....... ................... ......... ... ..... ... ........ A OC OA 04 N 0. t Y..:: A ... ..... : * ..... . w . ... ►M SHAT . .................... ,:: ......... : ........... ............. .... ....... ... ... . ........... .. ...... ............ ................ ............. ...... .......... .. .... . .......... . .......... . ......... ............. ............. ... . .................. Conditional use application re Basil St. Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF MASTER ASSOCIATION: MAILING ADDRESS NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP CITY STATE ZIP CITY STATE ZIP CITY STATE ZIP _ CITY STATE ZIP Name and Address Percentage of Ownership Conditional use application re Basil St. 2 Agenda Item trio. 7A b. If the property is owned by a CORPORATION, list the officers and-�f6Rso� the percentage of stock owned by each. Name and Address Percentage of Ownership f 1 C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership 4 t j d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address. Percentage of Ownership SLOANSTREET PARTNERS U 100 Conditional use application re Basil 5t. Agenda Item No. 7A e. If there is a CONTRACT FOR PURCHASE, with an individual c&eriiadiVWi,751P,OC& Corporation, Trustee, or a Partnership, list the names of the contract purchase °s�l�� including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address i t g. Date subject property acquired X leased 9/2003 Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Condifional use application re Basil St. 4 7A Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal �. description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre - application meeting. t t NOTE: The applicant is responsible for supplying the correct legal description. if questions arise concerning the legal description, an engineer's certification or sealed survey may be required. is Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 0OZ20120008 & 007 - 20160000 Metes & Bounds Description: SEE ATTACHED EXN1Btj "A' ADDRESS /GENERAL LOCATION OF SUBJECT FRO . (i7TEATTACHED EXHIBIT "$" -- GENE, RAL LOCATION MAP) � /�•rAl`n, `ry1.'�' { ■] I�. `u' � I/y�•y!i ..�..�.:.' '.:...�.. .. K •/l lj Mil �,R hlid ■�'�TA- ',}'1}� ...5.. .. ...:.... ... ..... .. _ i Zoning Land use N A -ST CON.4ERVATION/UNIMPROVED S A -ST CONSERVATION/UNIMPROVED E A -ST CONSERVATIOWINTERCOASTAL WATERWAY) W N/A GULFOFMEXICO Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range Lot: Block: Subdivision: Plat Book Page #: Property I.R. #: Metes & Bounds Description: Conditional use application re Basil St. 5 W CC�NDITlOhtAl.... {)Sfw R1 ..Ul ST ©ETA... Type of Conditional Use: This application Is requesting conditional use # 23 FOLD LDC) of the RURAL AGRICULTURAL (Al district for (TYPE OF USE) A PASSIVE RECREATIONAL & EDUCATIONAL FAcarry Present Use of the Property: UNIMPROVED :.:...... EVALi,1�4T[ON CRITERIA............ Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). SEE ATTACHED EXHIBIT "C "— (NARRATIVE STATEMENT )- a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): SEEATTACHED EXHIBIT "D" b . Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ACCESS TO THE PROPERTY IS BY WATER SHUTTLE ONLY AN APPROVED AND PERMITTED DOCK EXISTS ON THE EAST SIDE OF THE PROPERTY, PROVIDING MOORING FOR THE SHUTTLE. AFTER ARRIVAL BY SHUTTLE, AN EXIS77NG BOARDWALK WILL PROVIDE PEDESTRIAN ACCESS TO THE PROPOSED PASSIVE RECREATIONAL STRUCTURE CONSISTING OFA PA VILIONAND DECK. C. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: THE NEIGHBORING PROPERTIES TO THE NORTH AND SOUTH ARE UNIMPROVED AND ARE 0KNED AND MAINTAINED BY THE STATE AND FEDERAL GOVERNMENTS. THE PROPOSED PROJECT WILL HAVE NO EFFECT ON THESE PROPERTIES. Conditional use application re Basil St. 6 Agenda Item No. 7A d. Describe the site's and the proposed use's compatibility with adjacent propertiesoQffa tr 26, 2006 properties in the district: ge 31 of 225 THE ADJACENT PROPERTIES TO THE NORTH AND SOUTH ARE UNIMPROVED. OTHER NEARBY PROPERTIES AND LOTS ONKEEWAYDIN ISLAND ARE DEVELOPED 97TH BEACH } CLUBS AND SINGLE FAMILY HOMES e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? lea• Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the t preapplication meeting, a A copy of the pre - application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11 " copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and /or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and /or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • locations of solid waste (refuse) containers and service function areas, • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), Conditional use application re Basil St. 7 Acienda Item No. 7A • u ec �bed 26, proposed and/or existing landscaping and bufferin as may be re � of 225 County, • location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); } c . An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and /or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e . Statement of utility provisions (with all required attachments and sketches); f . A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; g. A historical and archeological survey or waiver application if property Is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. The petitioner must provide a letter of no objection from the Unified States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102 -9998 Phone (239) 435 -2122; Fax (239) 435 -2160 i . Any additional requirements as may be applicable to specific conditional uses and identified during the pre- application meeting, including but not limited to any required state or federal permits. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Conditional use application re Basil St. 8 Agenda Item No. 7A September 26, 2006 CU-2005-AR-7191 Page 33 of 225 PROJECT 42004070018 DATE: 2/22J05 ROBIN MEYER STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST . . . . . . . . . ...... .......... ...... . .... . ... ... .............. ... P; ........... ... .. -TINFQ9 .. ....... .. .. ... ..... . . . . . . . .... ........... . ..... .. ................ NAME OF APPLICANT(S) BASIL STREETPARTNEU LL APPLICANT'S MAILING ADDRESS: . 365,FIFTHA VE NUEP SQUTR, SUITE 201 CITY: NAPLES STATE FLORIDA ZIP.- 34102 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 10111 AND 10121 KEEWAYDIN ISLAND ... ...................... .......... ....... . .. ....... EG'AUDESCRIPTIOM', ............ ...... ....................... ......... ......... ..... I .. ... ....... ...... ... I ..... .......... Section:' 74 Township: 57 SOUTH Range: 25 EAST Lot: Block: Subdivision: Flat Book— Page #: Property I.D.#: 00720120008& 00720160000 Metes & Bounds Description: SEE A TTA cat) ExHim T "A" .......... ...................... ...... ................. .... .......................... ........ . .... ........... ....... ..... ..... I ......... ...... ... . .. 1- ....................... (Check appricable, system): a. b C: d. e. a. b. C. d. COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT (GPD capacity) SEPTIC SYSTEM ■ 7M-] 9 . ..... .... -77 7.777 .......... ... ... E . . . . . . . . . . . . COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PRIVATE SYSTEM (WELL) 100 x Conditional use application re Bcsil St. 9 Agenda Item No. 7A September 26, 2006 Page 34 of 225 TaZ:AL PLATtbN'c�... <SE�V .0 4-0 E': 60 PEAK ANC AyERAGI* D �11i,Y DEMANDSi. A. WATER -PEAK: 7500 AVERAGE DAILY: 70 B. SEWER -PEAK: 900 AVERAGE DAILY: 450 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED NAR�tATiVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. AGO I,1 R 0--i l Iry � b1CA'I`I C[ 57`ATEMW If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEISIIEf�T Q ANIILA6ILETY CAPACITY ERM OTHER .pROUIDERS Unless waived or otherwise n,.:.... .... -..... .r :.... ... .. .. .. .. n:.�.�... .... .. .....�h.. .:.. :. .. provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Conditional use oppkation re Basil St. 10 Agenda. Item No. 7A September 26, 2006 Page 35 of 225 1 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED 1. Completed Application 20* 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a Corporation 2* 3. Completed Owner /Agent Affidavits, Notarized 2* 4. Pre - application notes /minutes 20* 5. Conceptual Site Plans (including (1) 8 -1/2 X 11 copy) 20* 6. Environmental Impact Statement - (EIS) 4 7. Aerial Photograph - (with habitat areas identified) g* 8. Completed Utility Provisions Statement (with required attachments and sketches) 4 9. Traffic Impact Statement - (TIS) 7 10. Historical & Archaeological Survey or Waiver Application 4 17. Copies of State and /or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee = $4000 Comprehensive Plan Consistency Review = $300 Fire Code Review Fee = $150 Check shall be made payable to: Col ier Coun!y Board of Camnihsioners 14. Electronic copy of all documents and plans 15. Letter of no objection from the United States Postal Service ] 16. Other Requirements - T uocumenrs required for Long -Range Planning Review As the authorized agent /applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. Applicanf/Agent Signature Date Conditional use application re Basil St. 11 Agenda Item No. 7A September 26, 2006 Page 36 of 225 Five (5) Aerial Photographs (taken within the previous 12 months) Statement of utility provisions (with all required attachments & sketches) ❑ Seven (7) Traffic Impact Statement (TIS), or waiver (IJIA ) ❑ Four (4) Historical and Archeological Survey, or waiver ❑ Copies of State and/or Federal Permits ❑ Four (4) Architectural Rendering of Proposed Structure(s) ❑ Electonic copy of all documents and plans (CDROM or Diskette) ❑ Letter of no objection from the United States Postal Service. Contact Robert M. Skebe at (239) 435 -2122. ❑ Pre- application Fee $500.00 (to be credited toward application fee if application filed within 9 months of meeting) Fees: $4,000.00* Application Fee $150.00 Fire Code Review ❑ $300.00 Comprehensive Planning Consistency Review ❑ $681.00 Estimated Legal Advertising Fee - CCPC Meeting ❑ $205.00 Estimated Legal Advertising Fee - BCC Meeting (any over- or under - payment will be reconciled upon receipt of Invoice from Naples Dailey News). $1,600.00 EIS Review, if required *$1500.00 if filed in conjunction with a rezone petition OTHER REQUIREMENTS: ❑_ S OILWe El NOTES: r i xk l r�fg eiL�i 12�Sa(tl = " Ccs U �l1Cs O l L � Z • 3. 5 CLL' u,k Lt� n lcc-- :9 , X11 Lkm e, Agent/Owner Signature 2 Date: AFFIDAVIT Agenda Item No. 7A September 26, 2006 CU- 2005- AR -7181 Page 37 of 225 PROJECT #2004070018 DATE: 2/22/05 ROBIN MEYER We /1, being first duly sworn, depose and say that we /l am /are the owners o f the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /1 further authorize to act as ourlmy representative in any matters regarding this Petition. of Property Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this e �/ day of��_, 20 , by who is 7 c-anr)aity known to me or has produced as identification, State of Florida ,��'" S CA "'��i F� • • Rq . County of Collie�,4MtiSSloy •o C� ��s127,�o;�.• Jo• #0D 021030 •o� (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Conditional use application re Basil St. 12 BASIL STREET PARTNERS, LLC Conditional Use Petition No. Exhibit B General Location Map (On Following Page) Agenda Item No. 7A September 26, 2006 Page 38 of 225 AFFIDAVIT Agenda Item No. 7A September 26, 20016 CU- 2005 -AR -7181 Page 37 of 225 PROJECT #2004070018 DATE: 2/22/05 ROBIN MEYER We /l, being first duly sworn, depose and say that well am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize �6oRCis �NADo� �s�u „eE ourlmy representative in any matters regarding this Petition, of Property Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner to act as The foregoing instrument was acknowledged before me this �l/ day o fc; /Z �. 20e7q , by who is p,,snnnlly known to me or has produced as identification. State of Florida xl��,� S CAgJ�� //� (Signature of Notary Public - State of County of Coilie�Q��O lISSION ��''�,y Florida) 9x127, �• S � Y eJ' N• %�•• "�.�am�tc�e`:�o� `Print, Type, or Stamp Commissioned �i 6 �MwU�,.••� �� t iii► fy iti Name of Notary Public) 12 Conditional use application re Basil St. In - - - / -: La cV CN E J°co ' i it r cz W4 0 J LL 0 LLU f - L� Vl Q z _u � 4 w t 3 Pi ry W 0 0 ww da z 4U Z_ co Z w U 0. d' o° a w w �a z a�c7 z- ga �4z aw w� W wa O z4 Agenda item No. 7A September 26, 2006 Page 40 of 225 BASIL STREET PARTNERS, LLC Conditional Use Petition No. Narrative Description of Request for Conditional Use The project is a passive recreational and educational beach facility to be constructed on two lots on Keewaydin Island. The facility, which will include an elevated screened and covered pavilion, screened deck, and restrooms with showers, will serve as an amenity and provide beach access for owners and residents of the Naples Bay Resort projects. Access to the property is by water shuttle only (either via the Gulf of Mexico on the west or the Intercoastal Waterway on the east) from the Naples Bay Resort property. An approved and permitted dock exists on the east side of the property, providing mooring for the shuttle traveling via the Intercoastal Waterway. After arrival by shuttle, an existing boardwalk will provide pedestrian access to the proposed pavilion and deck. The proposed pavilion and deck, which will have a total footprint area of approximately 2,925 square feet and will provide seating for approximately 56 persons, is located as far "landward" (east) as possible without impacting the mangrove community on the eastern side of the property. This location is designed to avoid interference with the dune area adjacent to the Gulf of Mexico and the natural function of the Keewaydin Coastal Barrier System, while respecting the mangrove community to the east. Native vegetation will be preserved and/or restored outside of the development construction area, and a conservation easement will be placed on the mangrove community. Agenda Item No. 7A September 26, 2006 Page 41 of 225 BASIL STREET PARTNERS, LLC Conditional Use Petition No. Exhibit D -- Consistency with GMP and LDC Growth Management Plan The proposed project is consistent with the County's Growth Management Plan. Pursuant to the Future Land Use Map, the subject property is designated "Conservation." As stated in the Future Land Use Element, this designation accommodates "limited residential development and future non - residential uses" and specifically authorizes a number of permitted uses, including recreational camps, conservation uses, passive parks, other passive recreational uses, and the essential services necessary to serve these permitted uses (e.g., septic tanks). Consistency with the objectives and policies of the Conservation and Coastal Management Element is fully. addressed in the Environmental Impact Statement --- submitted with this Conditional Use application. Please see Section 3,8.5.3.6 of the Environmental Impact Statement (pages 3 -11), which is incorporated herein. Land Development Code The proposed project will comply with all applicable provisions of the LDC. The property is zoned Agriculture with a "Special Treatment" overlay. The Agriculture zoning district permits recreational facilities as a conditional use. LDC section 2.04.03, Table 2 (old LDC section 2.2.2.3.23 -- "cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons where applicable.... "). The ST overlay district permits conditional uses of the underlying zoning district. LDC section 2,04.03, Table 2, fn 1. The petitioner will comply with all. procedural requirements related to conditional use approval and the ST overlay district. LDC section 3.03.07(D) designates Keewaydin Island as an "undeveloped coastal barrier." Accordingly, filling and excavation are generally prohibited, as well as construction of bridges, causeways, paved roads, commercial marinas and shore hardening structures. LDC sections 3.03.07(B) and (C). The proposal is consistent with these provisions. The proposed passive. recreational structure has been located landward of the Coastal Construction Setback Line. Therefore, no variance pursuant to LDC section 9.04,06 is required. Likewise, no CCSL variance will be required for the dune walkover because the criteria of LDC section 10.02.06(H)(1) will be met. 06/15/2064 17:32 6595724 JUN.17.2004 9:28AM CHFFFY AND PAS$IDOMO ADDRESSING Agenda Item No. 7A September 15GDOE01 ge•42 f 25 { DRES9St• G CHECIMIST oa80 complete the following N d, submit to the Addressing Section for Review. NQ all items wilt at�kt 10 V91 X t protect I in bold nM are muir@d. 1. Legal description of subject pmparty or properties (cagy of hPIMY deacriPflntt may be attached) 14 -- - - - -L �. �.:,.:..9,, •, — PA s e- n 1<. 7'- 1 rte. m i U- - - 7-s Z. Fodso (property ID) awmbtr(s) of above (attach to, or assootate with, legal dweription 6(mcrse r1 an one' 3. Street address ar addresses (as upplieable, if already assigned) 011 l z n_z 2Kpwavdill JE L;wd - r- ---- -- - --- 4. Location trap, show* exact Zocation ofproject/site in relation to nearest public road right -of-v ay (atra ch) 5. Copy of survey (NEEDED ONLY FOR UNPLATT.PD PROPERTMS) 6. Proposed project name (if applicable) Kc *wa „ jn Ialmd Beach Club 7. pmpose`i Street n=nes (ifaeppliertble) 8. Site Development Plano Number (FOR EXISTING PROJECTS/SITES ONLY ` SDP - 9. Petition Type - (Complete a separate Addressing Cbecklist for each Petition Type) Q SDP (Site Development Plan) ❑ PPL (Plans & Plat Reviow) i7 SDFA (SDP Artcsidrncut) 13 PSP (Preliminary Sub_ division Flat) ❑ SDPI .(SDP Irtisubst=tial Change) ❑ FP (Final Plat) D SIP (Site linprovernent Plan) O LLA (Lot Line Adjusfi nwt) 0 SM (SIP hmbstantW Change) 0 BL (Blasting Permit) 13 SNR (Stmt Nsme Chaaage) . 0 ROW (Right-of-Way Permit) 13 VegetetiowExotic (Vag. Removal Permits) ❑ EYF (Excavation Permit) X Land Use Petition (Variance, Conditional Use, 0 VRSFP (Vag. Removal & Site Fill Per nit) Boat Dock Ext., Rezone, PUD rezone, etc.) El Other - Describe; 10. Project or development names proposed for, or already appearing in, condorniniwn documents (if applicable; indicate whether proposed or existing) 11. Please Cheep One: X Checklist is to be Faxed Back 0 Ferwnally Picked Up 12. AppllmntNme CreomyL. Vaznadoe _ none 2_39- 251 93-D9 F2X 239 -Z i -9 8 13. Signature on Addn� sing Checklist does not aoutitute Project and/or Street Name approval and h subject to further mvicw by the Addressng Section, FOR STAFF USE OAZY Primary Number 116a. z, `7_ A.ddross Nzszxtbcr iI to S_ _ Address Number Address Number Approved by�r ,, uB_ _lZ'l- 6XtL►� Iwo 1 06� .� Agenda Item too. 7A September 26. 20016 Page 43 of 225 IN M!4RRANTY DEP.D TJUS WARRANTY DEED, made the Za.dayofSeptember, 2003, by Jack J. Antaramian, whore post olfsco address is 3725 Fort Charles Drive, Nopler, Florida 34 L02 (singularly orcollocrive Iy *Grantor"). to Bull SrccU Partners, LL.C, a Delaware limited liability, company, whose post office address is 365 Fifth Avenue Sootb, Suitt 201, Naples, Florida 34102 ( "Granted'): (Whercverused herein, the terms "Grantor" and "Grantee" include all parties to this instrumnot and the buirt, legal representatives and assigns of individuals, and the sucecuora and assigns of curporatioos) WLTNBSSETHr That the Grantor, for and in consideration of the stun or Tcn Dollars (510.00) and other valuable considerations, recciptof whichisherebyaekoow ladged, hereby gnnis, bargains, sells, alieoe,ramiaes,ralaases, t convcyr and confirms unto the Grantee, all chat certain land situated in Collier County, Florida, viz: See Exhibit "A" anacbad hereto and incorporated herein, Subject to: 1. Restrictions mod easeruonts of record. 2. Zoning and other governmental regulations affecting the use and veeupaoey of tht teal property, 3. Taxes and assessments forcurrent and subsequent years. 4. Certification of Department or Natural Resources Admiaisualiva Rulcs fded with the Depostraeol of State concerning the Coastal Construction Cootroi Line dated 29 June, 1989, and recorded 29 June, 1989 in Official Records Book 1452, Pages 258 through 276, and Coastal Setback Line Book 1, pact 26, at seq. Both of the Public Records of Collier County, Florida, TOGETHER with all the teaeinonu, beraditameau and appurtenances thereto belonging or in anywise appertaining. Grantor represents and warrants that rho above described property is not Lis Florida hnmestead and Is vacant; that ucither be nor his family reside at the above described property or on adjacent property; and that he in fact, does reside at: 3725 Fort Cbatles Drive, Naples, Florida, TO JLAVE AND TO HOLD, the ante in fat simple fouvtr. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized afield land in tee siraple; that the Grantor has good right and lawfbl authority to sell and convoy said land; tbal the Grantor hereby fully warrants the title to said land and will defend the same ageitrst iho l6wful claims of all persons whomsoever, and that said land is free ofall encumbrances, except axes for the cutrcol sod aubsequcat years; zoning and use restrictions imposed bygovemmental oudsority, restrictions and easements common to Go subdivision, and outstanding oil, gas and mineral interests of record, if any. , IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year fsnt above written Signed, Sealed end Dolivrred as GP -kNTOR to Each Grantor in the Pmsemco Witness No=: A,, - A • "��-� 0Jk a nmlan • A WitnessNurtes: / �..✓ t✓. i;x /•/� STATE OF FLORIDA ) as: COUNTY OF COLLIER ) The foregoing imnunteat was acknowledged before me this y of September, 2003, byJack J. kotarordan, who is personally known to me or who has produced , as Idenlifleation. Yl _ wutrPr,ts DD4 NOTARI'PUBLIC t•( La'COLYlt9s10NiOD atiNS t}' Name; IXPonS &Pessary 1,40)6 ry„ a°"m»ma°''""nn"u'"'"'sn (Type or Print) hiy Commission Expires: r...,a".v:avvrrwsa rsr,wsasne:n.m CU- 2005 -AR -7181 PROJECT 92004070018 DATE: 2 /22/05 ROBIN MEYER 3265394 OR; 3404 N: 2315 IBCORDID In MIMI I2COR0s of COLLIIi CUM, IL Property Appraiser's 09I23)2C43 A MAU 091GIT J. BROCI, CLIU ' - Portal Identification No. cams 701010.00 ' 00120160000.aud 0072012ONS RIC III 10.50 This instrument was prepared BOC•,10 1!00,01 wethout cevitw or opinion oftith by - Attu: Louis e. Chaffy, Ejgtum to: Louis W. Chaffy, Esq. TATISII NLL[m3 IT A6 CheBy Pusidorm 1081 TAmIA81 ?I 1 Wilson k lohnron, LLP IUPLTS IL 35112 -5715 ' S21 FlAh Avenue South Naples, Florid, 341 D2 (239) 261.9300 (Space above this Ilse for rtcording data) M!4RRANTY DEP.D TJUS WARRANTY DEED, made the Za.dayofSeptember, 2003, by Jack J. Antaramian, whore post olfsco address is 3725 Fort Charles Drive, Nopler, Florida 34 L02 (singularly orcollocrive Iy *Grantor"). to Bull SrccU Partners, LL.C, a Delaware limited liability, company, whose post office address is 365 Fifth Avenue Sootb, Suitt 201, Naples, Florida 34102 ( "Granted'): (Whercverused herein, the terms "Grantor" and "Grantee" include all parties to this instrumnot and the buirt, legal representatives and assigns of individuals, and the sucecuora and assigns of curporatioos) WLTNBSSETHr That the Grantor, for and in consideration of the stun or Tcn Dollars (510.00) and other valuable considerations, recciptof whichisherebyaekoow ladged, hereby gnnis, bargains, sells, alieoe,ramiaes,ralaases, t convcyr and confirms unto the Grantee, all chat certain land situated in Collier County, Florida, viz: See Exhibit "A" anacbad hereto and incorporated herein, Subject to: 1. Restrictions mod easeruonts of record. 2. Zoning and other governmental regulations affecting the use and veeupaoey of tht teal property, 3. Taxes and assessments forcurrent and subsequent years. 4. Certification of Department or Natural Resources Admiaisualiva Rulcs fded with the Depostraeol of State concerning the Coastal Construction Cootroi Line dated 29 June, 1989, and recorded 29 June, 1989 in Official Records Book 1452, Pages 258 through 276, and Coastal Setback Line Book 1, pact 26, at seq. Both of the Public Records of Collier County, Florida, TOGETHER with all the teaeinonu, beraditameau and appurtenances thereto belonging or in anywise appertaining. Grantor represents and warrants that rho above described property is not Lis Florida hnmestead and Is vacant; that ucither be nor his family reside at the above described property or on adjacent property; and that he in fact, does reside at: 3725 Fort Cbatles Drive, Naples, Florida, TO JLAVE AND TO HOLD, the ante in fat simple fouvtr. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized afield land in tee siraple; that the Grantor has good right and lawfbl authority to sell and convoy said land; tbal the Grantor hereby fully warrants the title to said land and will defend the same ageitrst iho l6wful claims of all persons whomsoever, and that said land is free ofall encumbrances, except axes for the cutrcol sod aubsequcat years; zoning and use restrictions imposed bygovemmental oudsority, restrictions and easements common to Go subdivision, and outstanding oil, gas and mineral interests of record, if any. , IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year fsnt above written Signed, Sealed end Dolivrred as GP -kNTOR to Each Grantor in the Pmsemco Witness No=: A,, - A • "��-� 0Jk a nmlan • A WitnessNurtes: / �..✓ t✓. i;x /•/� STATE OF FLORIDA ) as: COUNTY OF COLLIER ) The foregoing imnunteat was acknowledged before me this y of September, 2003, byJack J. kotarordan, who is personally known to me or who has produced , as Idenlifleation. Yl _ wutrPr,ts DD4 NOTARI'PUBLIC t•( La'COLYlt9s10NiOD atiNS t}' Name; IXPonS &Pessary 1,40)6 ry„ a°"m»ma°''""nn"u'"'"'sn (Type or Print) hiy Commission Expires: r...,a".v:avvrrwsa rsr,wsasne:n.m CU- 2005 -AR -7181 PROJECT 92004070018 DATE: 2 /22/05 ROBIN MEYER Agenda Item No. 7A September 26, 2006 . Page 44 of 225 * *x OR: 3404 PG.: 2316 *t* E_XH.IBIT A Ths North 1!.7 root at COvermeent Lint 2, Section 14, Township .SL South, Range 23 =oat, Calliar County, Florida, (t»1[u--t4 at a 20 dagrao angl■ to the .North line at said Gavarfasnt Lot 3, maid worth Lino eLso beinq the cnsmon li-nu saparatinq Sections 11 and 14,' Township 51 South, Range 25 Last), Collier County, Florida. )I 2 • r The South 69.3 lent of the North 171.6 =eat of Coverneant Lot 2, Suction LA, Toxnahip 51 south, kange 25 2.aat, Calliar .County, Florida, (u"murod at a ►a degree "La- te :he Korth 1l n■ of said Mor"r usat Lot 2_, said Narrh. Line also ba.iny the aazai} liar separating Sections 11 and Si, TMmahip Sl South, Range 2.1 test, Collier Catusty, Florida), bainq one and the sums lands daacribed is that Dead raoardad in Deed back 7, Pago 447, of the R+blic Reoards of Collier Cotutty, n.crida, and also bainq Ono and the ware lands d■sacibed i71 that Warranty Dead rieorded in o.b. book 170, Page 1, at the nwlic Records of Calliar County, rlorida. 9axeal !B• i 2'r +� Std r ^ +; 1 w Jti +t •r 'vG fi Xd ir?s 6 ^-.�°'r' 66 }T}��' ��Ci"�'�''r�[ � j; � �' � I r� iY f / 7"' �J•�. L ��r k�'~ i f' ' •�""tr Y� T ('t r. E: !' {!..:. r � ! ti r t .i s sq Gcr �^� � �� 5j� N ,� 'S . � � � <�' f d�6s.�' ��• ).. �' { `,fir ••#'� ✓ J �.,A»'�'�+v'`i+'r�'+ •t + f r . .� ;}'':. P .y•! y ;''� ! "� ++Yip �:=i•` r''y fir_ �'$ < +'rr ••f w m. }r.' 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CHEFFY BOARD CERTIFIED CIVIL TRIAL ATTORNEY BOARD CERTIFIED BUSINESS LITIGATION ATTORNEY JOHN M. PASSIDOMO BOARD CERTIFIED REAL ESTATE ATTORNEY GEORGE A. WILSON BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNEY F EDWARD JOHNSON BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNEY JOHN D. KEHOE BOARD CERTIFIED CIVIL TRIAL ATTORNEY LOUIS D, D'AGOSTINO BOARD CERTIFIED APPELLATE PRACTICE ATTORNEY JEFF M. NOVATT DAVID A. ZULIAN KEVIN A. DENTI CHEFFY PASSIDOMO WILSON & JOHNSON Ar RNEYs AT LAw, LLP 621 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34102 TELEPHONE; (239) 261.9300 FAX: (239) 261.9762 E -MAIL: CPWJ ®naplesfaw.com February 9, 2005 Robin Meyer Community Development And Env, Services 2800 North Horseshoe Drive Naples, Florida 34104 CU- 2005- AR -nda Item No. 7A PROJECT #�204�" 26, 2206 46 of 225 DATE: 2122105 ROBIN MEYER RE: Naples Bay Resort Beach Pavilion (Keewaydin Island) Conditional Use Application Dear Robin: JEFFREY S. HOFFMAN BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNEY LOUIS W. CHEFFY BOARD CERTIFIED REAL ESTATE ATTORNEY CLAY C. BROOKER LISA H. BARNETT BOARD CERTIFIED REAL ESTATE ATTORNEY ANDREW H. REM WILLIAM J. DEMPSEY STANLEY A. GUNNER, JR. ANN HOWARD BANZET OF COUNSEL: GEORGE L. VARNADOE R. SCOTT PRICE With this letter we are providing to you 20 complete, bound copies of the conditional use application referenced above, We have also enclosed a check in the amount of $6436.00 to cover the various fees (less the $500 already paid at the time of the pre - application conference). Finally, we have enclosed a CD containing the "drawing set" for the proposed project. Please note thatwe have discovered apparent inconsistencies in the Growth Management Plan and the Land Development Code regarding the issue of whether a rezone to PUD is required under the circumstances. For example, see Policy 10.3.12 of the CCME and Section 4.07.02(A)(1) of the LDC. We have discussed this issue with County planning staff, including Barbara Burgeson, who have taken the position that the conditional use process is the proper process and a PUD rezoning is not required. Accordingly, we are filing a conditional use application. If you have any questions, please do not hesitate to contact me. Sincerely, Geor L. Varna oe, sq. For The irm cc: Charles Thomas REG"EIVED F :\wpdocs\UT\CCB1Antaramian%Boat Haven -- 9130 \KeewaydKR. Meyer Ilr 2- 4- 05.wpd EDWARD K. CHEFFY BOARD CERTIFIED CIVIL TRIAL ATTORNEY BOARD CERTIFIED BUSINESS LITIGATION ATTORNEY JOHN M. PASSIDOMO BOARD CERTIFIED REAL ESTATE ATTORNEY GEORGE A. WILSON BOARD CERTIFIM WILLS, TRUSTS & ESTATES ATTORNEY R EDWARD JOHNSON BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNEY JOHN D. KEHOE BOARD CERTIFIED CIVIL TRIAL ATTORNEY LOUIS D. D'AGOSTINO BOARD CERTIFIED APPELLATE PRACTICE ATTORNEY JEFF M. NOVATT DAVID A. ZULIAN KEVIN A. DENTI CHEFFY PASSIDOMO WILSON & JOHNSON ATTORm wS AT LAW, LLP 821 FIFTH AVENUE SOUTH, SUITE 2D1 NAPLES, FLORIDA 34102 TELEPHONE: (239) 261 -9300 FAX: (239) 261 -9782 E -MAIL: CPWJOnapleslaw.com � P t t.m No. 7A September 26; 2006 p JUi`d 2 b 2U�J e 47 of 225 ZONING I✓EPAIRTWIENT JEFFREY S, HOFFMAN BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNEY LOUIS W. CHEFFY BOARD CERTIFIED REAL ESTATE ATTORNEY LISA H. BARNETT BOARD CERTIFIED REAL ESTATE ATTORNEY CLAY C. BROOKER ANDREW H. REISS WILLIAM J. DEMPSEY STANLEY A. GUNNER, JR, ERIN K. DEGNAN June 27, 2005 RE'SUBMITTAL Cu- 2005- AR_7191 PROJECT 92004070018 DATEI 7/13/05 Carolina Valera CAROLINA VA LL, RA Community Development And Env. Services 2800 North Horseshoe Drive Naples, Florida 34104 OF COUNSEL: GEORGE L. VARNADOE RE: CU- 2005 -AR -71$1, Naples Bay Resort Beach Pavilion (Keewaydin Island) Dear Carolina: This letter serves to respond to the Current Planning comments (dated Nlay 1:0, 2005) to the above - referenced conditional use application. Please clarify and review owner names in Affidavit: person signing affidavit as owner must clearly state (and prove) ties to the partnership that owns the land as shown in the Property Appraisers' records. Also, application shows Basil Street Partners, LLC as the applicant in the cover and Sloan Street Partners, LLC in page 3, which according to Public Records, does not appear to be the owner of the property. Please revise or clarify. Please list names of partners on sheet 3 of application. The owner of the subject property is Basil Street Partners, LLC ( "BSP "), as indicated by the warranty deed provided with the application package, The Property Appraiser's online records also confirm that the owner Is BSP. Sloane Street Partners, LLC is no longer directly involved in BSP. Instead, BSP has a single member, Naples Bay Resort Holdings, LLC, a Delaware limited liability company ( "NBR Moldings "). There are several layers of legal entities involved with NBR Holdings, but the individuals who ultimately own or control all of them are as follows: Jack Antaramian, F. Fred Pezeshkan, Ali Ebrahimi, lraj J. Zand and Raymond Sehayek. Agenda Item No. 7A September 26. 2006 Page 48 of 225 Carolina Valera, Pianner Re: CU- 2005 -AR -7181 June 27, 2005 2. Associations (page 2): The application states that the proposed pavillion [sic] would be used by the residents of the Naples Bay Resort. Please fill out page 2 "associations", The proposed pavilion will be used by members of the Club at Naples Bay Resort ( "the Club "). Club members will include persons who own condominium units or boat slip use rights within the Naples Bay Resort Collection projects, which consist of the old Boat Haven property and property located at the intersection of U.S. 411 East and Sandpiper Boulevard, as well as condominium units likely to be developed in the future on the property historically known as Grand Central Station (located on the corner of U.S. 41 South and Goodlette -Frank Road). A limited number of memberships will also be available to the public. Access to the property will be by water only. The Club will provide transportation to the property by a vessel that can accommodate approximately (1 a) people per trip. 3. Fill out item "g" of the application. item "g" has been completed. Basic Street Partners, LLC acquired the property in September 2003, as indicated in the warranty deed included in the application package. 4. Conditional use request detail (page 6). Application states that the property is "unimproved' It appears that there is an existing dock and boardwalk on the property ih& the applie ar,t intends to add on as parf of the -CU application; ,,rtc ; tsn. Please clarify. An approved dock and boardwalk does exist on site and will be used in conjunction with the proposed pavilion and deck, as indicated on the Master Site Plan included in the application package. Page 2 of 3 Agenda Item No. 7A September 26, 2006 Page 49 of 225 Carolina Valera, Planner Re: CU- 2005 -AR -7181 June 27, 2005 5. Please fill out and sign the application submittal checklist. Attached hereto. [6] Utility Provisions form: Please indicate type or form of water service to be provided. Private system (well). Thank you for your help in reviewing and processing this application. Please do not hesitate to contact me with any questions. Sincerely, Clay C. Brooker , Es q. For The Firm cc: Charles Thomas George L, Varnadoe, Esq. F: lwpdocslLL7ICCBtAntaramian\Boat Haven -- 01301KeewaydinWalera Itr B- 27- 05.wpd Page 3 of 3 Agenda Item No. 7A September 26; 2006 Page 50 of 225 ::: ......... ..:: `::. :.:::.::.::.. ........ ::::......... .:.:.::::.:.. :.::. O:ND:IT:IONAL:a:SE �4PPLIG�►TION € . I : €€ :..... :....... : ::=:: U.811!:[TTA::.CHCKGiST € €;. = € €€ r THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED 1. Completed Application 20* ✓ 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a Corporation 2* 3. Completed Owner /Agent Affidavits, Notarized 2* ✓ 4. Pre - application notes /minutes 20* 5. Conceptual Site Plans (including (1) 8 -1/2 X 1 1 copy) 20* 6. Environmental Impact Statement - (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 5* ✓ 8. Completed Utility Provisions Statement (with required attachments and sketches) 4 9. Traffic Impact Statement - (TIS) 7 10. Historical & Archaeological Survey or Waiver Application 4 11. Copies of State and /or Federal Permits 4 ✓ 12. Architectural Rendering of Proposed Structure(s) 4 ✓ 13. Application Fee = $4000 Comprehensive Plan Consistency Review= $300 Fire Code Review Fee = $150 Check shall be made payable to: CofBer County Board of Commissioners 14. Electronic copy of all documents and plans 1 ✓ 15. Letter of no objection from the United States Postal Service j 16. Other Requirements - * Documents required for Long - Range Planning Review As the authorized agent /applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. �_ _ Fo< (9E0eGE7 L. 41,(1w '006 (0—a7* 0-5 Applicant /Agent Signature Date RE- SUBMITTAL CU- 2005 -AR -7181 PROJECT #2004070018 DATE: 7/13/05 CAROLINA VALERA Conditional use application re Basil St. 11 North Hay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 51 of 225 NEIGHBORHOOD INFORMATION MEETING RE: North Bay Resort Beach Pavilion CU-- 2005 -AR -7181 DATE TAKEN: July 20, 2005 TIME: 5 :30 p.m. to 6:40 p.m. PLACE TAKEN: Cambier Park, The Norris Center 755 8th Street South Naples, Florida ON BEHALF OF: Basil Street Partners, LLC REPORTER: Carolyn J. Ford Registered Professional Reporter Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Forth Bay Resort Beach Pavilion Agenda Item loo. 7A September 26, 2006 Page 52 of 225 A P P E A R A N C E S: For Basil Street Partners, LLC: CHEFFY, PASSIDOMO, WILSON & JOHNSON, LLP 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 BY: Clay C. Brooker, Esq. Also Present: DYEHOUSE COMERIATO ARCHITECT 999 Fifth Avenue Parkway Naples, Florida 34102 BY: Frank S. Comeriato, Jr. KUHLMAN ENGINEERING, INC. 2647 Davis Boulevard Naples, Florida 34104 BY: David C. Sneed TURRELL & ASSOCIATES, INC. 3584 Exchange Avenue, Suite B Naples, Florida 34104 BY: Kara Cave, Staff Biologist COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 Horseshoe Drive Naples, Florida 34104 BY: Carolina Valera Linda Bedtelyon Charles Thomas, Representative of Basil Street Partners, LLC Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanrepoxters.com 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 53 of 225 3 P R O C E E D I N G MS. VALERA: Good evening. My name is Carolina Valera, a principal planner with the Department of Zoning and Land Development Review, Collier County Government. Tonight this is a neighborhood information meeting. This is required by the Land Development Code that if any applicant that is going through this type of petition also has a neighborhood information meeting. This is an opportunity for you to ask questions to the applicant in regards to what they're proposing on this side. So please feel free to do so at the end. And if you have any other questions, please just ask the applicant. Go ahead. MR. BROOKER: My name is Clay Brooker. I'm a land use attorney and represent the applicant, Basil Street Partners, LLC. This is a conditional--use application as well as a special treatment application for a beach pavilion on Keywaydin Island. Before I begin, let me start with introductions. First, representing the property owner Basil. Street Partners is Charles Thomas. At the very end of the table Frank Comeriato, the architect for -- from Dyehouse & Comeriato. Our engineer to Frank's left is David Sneed from Kuhlman Engineering. And immediately to my right is Kara Cave, environmental consultant Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Say Resort Beach Pavilion Agenda Item No. 7A September 26. 2006 Page 54 of 225 4 from Turrell & Associates. To begin I assume everyone knows the location of the area of the subject site. Keywaydin Island is towards the north end of Keywaydin Island here. It is comprised of two lots -- platted lots on Keywaydin Island. The lots are unimproved with the exception of an existing dock that will serve both of the lots and an existing boardwalk and mulch trail. Other than those particular structures, there's nothing else on the lots at this time. To give a little bit of context, directly to the north is a parcel owned by essentially the State of Florida, the Department of Environmental Protection. Across this parcel here the waterway is owned by National Audubon Society. Immediately south of the two-lots there's a parcel owned, again, by the State of Florida. South of that is more Department of Environmental Protection owned land. And it's kind of difficult to see, but I believe this -- these two or three -- these two lots here are privately owned by land trusts who I believe received a mailed -out notice of this meeting. Across -- directly across the property, this area is federally owned lands. That's a general description of the property and the surrounding lands. Donovan Court Reporting, Inc. 239- 793 -0021 www.donovanreporters.com - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 55 of 225 5 The description of the pavilion itself that's being proposed you'll see an architectural rendering there. We-11 get to that in a minute. But here's a blowup of the two lots on which the structure will be. located. It is a recreational and educational facility which will provide the beach access to members of the club at Naples Bay Resort. The Naples Bay Resort Club, you may have seen it, will be comprised of properties being developed at the old boat haven property. The property which is I believe called Grufina (phonetic), US 41 East and Sandpiper and as well as future condominium units in the development of Grand Central Station. Those will be the club members, anyone who owns a condominium unit in those developments as well as anyone who owns the rights to use boat slips in those particular developments. In addition, there will be some club memberships made available to the public. The location as you can see here in this lower red structure here is the building footprint of the beach pavilion. It's located -- we've attempted to locate it as far landward as possible to avoid the dune area while respecting the mangrove community to the east. So it's sandwiched in between those two land areas. Donovan Court Reporting, Inc. 239793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item tvo. 7A September 26; 2006 Page 56 of 225 r The pavilion itself will be elevated, screened, and covered. It will be approximately 2,925 square feet. We can move to this one now. it will be comprised of some tables, as you see, chairs. The rest rooms and showers will be here. The capacity is 56 persons. The structure itself will be approximately 30 -feet high. Permitted in this distract is 35 feet, so we're not going to the maximum. As you see, there's no kitchen facilities or no bar facilities proposed in the pavilion. Access to the -- to the land as you can see is -- will be by vessel only. The club at Naples Bay Resort will be providing a vessel that will carry approximately 15 persons per trip to -- to the pavilion. Operation hours, we are proposing approximately dawn to dusk. And as far as more operational characteristics, electricity will be provided by generator. As far as lights go, we have no lights at night planned currently. But in the future if we do need lights for various reasons, for example, security, they will be low level and directional. The idea is to respect the sea turtle hatchlings issue. [Water, potable water will be roof runoff cisterned and supplemented with an on -site well. Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No, 7A September 26, 2006 Page 57 of 225 7 Wastewater will be a septic tank with a drain field. That's a drain field. Associated with the drain field is the top red porter there, the septic tank system. The impacts to the site. Well, I guess before I go on maybe I should show you a view from the east. This is a view from the east -- from the west looking towards the east or from the beach looking inward. As you can see, there will be -- it will be covered and screened with a deck. Below here will be some storage areas. And this is the boardwalk that leads out to the beach to the Gulf of Mexico. There is great care taken to minimize the impacts to the site, to the property. We realize it's a. sensitive site, sensitive island. And first regard with regard to construction, the materials -- the construction materials as proposed to be delivered by via beach. So there may, in fact, be temporary impacts to the dune area during construction, although we'll try to keep those to a minimum. And whatever impacts are realized will be fully restored upon completion of the construction. And in addition to that, construction of the proposed pavilion will occur outside of the turtle nesting season. In general, a few statistics for you. Ninety -five percent of the two lots will remain open Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 58 of 225 space. As you can see the impact is relatively minor. There is 2 percent will be -- of the two lots is occupied by the building itself and 3 percent is by the boardwalk. Correspondingly, 95 percent of the native vegetation on -site will be retained. Exotics will be cleared. All native vegetation outside the building footprint will be retained or replaced. There are no wetland impacts associated with this proposal. With regard to the mangrove community, only minor trimming of the mangroves for boardwalk maintenance purposes is contemplated. And a conservation easement will be granted on the mangrove community. And in sum, we believe we've tried to take all the various environmental considerations into account with regard to planning and location of the structure. In our opinion, this particular proposal for the two lots, the impacts associated with it are less than what would be associated with development of two single family homes on each of the lots or on the respective lots, one home per lot. And with that, that concludes our presentation. If you have any questions, please feel free to ask. We'll attempt to answer them. And if I can't answer them, which is probably likely, someone else can chime Donovan Court Reporting, Inc. 239 -793 -0021 www.donovanreporters.com c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda item No. 7A September 26, 2006 Page 59 of 225 7 in. Yes, sir. AUDIENCE MEMBER: There will never be more than 50 people there? You said it accommodates 50 people. Not everybody will be sitting in this pavilion; right? Doesn't this project include hotels, rental properties, they're going to be on site and have access to this also? MR. BROOKER: Well, it's -- it's -- the club members are only allowed on -site and their guests. So it's going to be owners of the units and their guests. MR. JENSEN: How about renters? Aren't they -- aren't a lot of these things going to be built as rentals or is there just going to be a hotel? Is there going to be villas sold as condominiums that people are going to rent out to transients? I think you're going to generate a lot more people than that. MR. BROOKER: Are they going to be club members? MR. THOMAS: They'll have use of the club facilities, yes. MR. BROOKER: They will have use of the facility but, again, there is a -- MR. JENSEN: I mean, you're trying to minimize this. We have a home there and it's on Lot 39. We also own two lots just south of here. We bought -- we've had our home there 16 years, single - family Donovan Court Reporting, Inc. 239- 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 60 of 225 Eite] zoned. We're opposed to this development. It's taking two single - family lots including the commercial venture out of it. It's the foot -in -the -door for much more of this type of thing there. On our two vacant lots just south of here we've already been contacted by developers of various big projects around town which we're opposed to even though we own the lots and they would be willing to buy them. As I say, those are the foot -in -the -door to just ruin the island. My name is Jim Jensen and we have -- our home is referred to as a house, Lot 39, Keywaydin Island. We also own Lots 14 and 15 on Keywaydin just south of here. MS. RYAN: So if this is open to the club members, how many units are we talking here? How many people or how many dwelling units are attached to the club? And if this has a maximum capacity of 56, will there only be 56 people allowed to the island each day, 56 club members which would be the person and their family? What's the maximum carrying capacity for this site? How many people can we expect out there on one day? Because in the application it makes it sound like the maximum is going to be the approximately 56 people. MR. BROOKER: Right now I don't have grand total Donovan Court Reporting, Inc. 239- 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 61 of 225 11 numbers for you, but right now -- MS. RYAN: So it will be more than 56 per day? MR. BROOKER: Well, club members, yes, will be more than 56. I don't -- I don't know a grand total number of that. MR. JENSEN: I mean, there's probably going to be hundreds. But, you know, if you talk about respecting the turtles but, I mean, how about your neighbors? If you have lights on at night, dawn till dusk is a long time. I mean, there are going to be houses. Some guy's planning a house, you know, four or five houses are being planned through there. so, you know, there's more to look at than just your neighbors too -- I mean, just the turtles. There is also people too. MR. BROOKER: But the plan right now is to have two trips per day by that vessel. And the vessel carries approximately 15 persons per trip. So that's what we anticipate. It could be more, sure. MS. RYAN: Okay. But that -- that will be the limiting factor will be the fact that this 15- person vessel will only be making the two trips per day? MR. BROOKER: That's what's planned is just the two trips per day. But, yes, that will be a limiting factor. Donovan Court Reporting, Ina. 239 -793 -0021 www.donovanreporters.com 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I Agenda item No. 7A September 26, 2006 Page 62 of 225 North Bay Resort Beach Pavilion 12 THE COURT REPORTER: Could I have your name, please? MS. RYAN: Nicole Ryan with the Conservancy of Southwest Florida. MR. LAAKKONEN: My name is Keith Laakkonen. I'm a stewardship coordinator of Rookery Bay National Training Research Facility. One of the things that we seek to manage with Keywaydin Island, which I have a couple of maps here if you're interested, the majority of the island is, in fact, managed as part of the reserve. One of the facets towards our management is the thought of carrying capacity. Carrying capacity is balanced on many factors including social, economic, and mostly ecological. In order to balance carrying capacity you have to look at all these factors. So in one of the -- also factors with that is the visitor experience. [What you suggested here is that there's plans to bring out a certain number of people per day. It would be in the interest of the reserve and the way we're going to be looking at it is the neighboring property owners. As soon as they spill off that property because there's been social studies done that when people get onto a beach, they space themselves out along the beach. You should strongly consider Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 63 of 225 13 some cap of number per day of trips and people per day that will maximize your visitor experience and also minimize the effect on the ecology of the island, beyond just nesting turtles, beyond just nesting birds. There's also a lot of signs to suggest that when birds are just resting on the beach, any disturbance from people, they expend a lot of energy for those birds and actually over a long -- long time it can actually reduce their nesting success. So that -- that is one strong consideration the reserve is going to be looking at. MR. BROOKER: Thank you. Yes, ma'am. AUDIENCE MEMBER: Are there any plans for boat docks? In other words, if you own something over here, do you only have to take the shuttle out there or can you take a private boat out there and dock it and go into the facility? MR. BROOKER: I believe if you own a private boat, you are able -- and you are a club member, you are able to go to the pavilion. But that will be limited by the dock space that's there. We are not proposing any more dock space currently than you see there that's existing today. Yes, ma'am. AUDIENCE MEMBER: If you bring down 15 people, is Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 63 of 225 13 some cap of number per day of trips and people per day that will maximize your visitor experience and also minimize the effect on the ecology of the island, beyond just nesting turtles, beyond just nesting birds. There's also a lot of signs to suggest that when birds are just resting on the beach, any disturbance from people, they expend a lot of energy for those birds and actually over a long -- long time it can actually reduce their nesting success. So that -- that is one strong consideration the reserve is going to be looking at. MR. BROOKER: Thank you. Yes, ma'am. AUDIENCE MEMBER: Are there any plans for boat docks? In other words, if you own something over here, do you only have to take the shuttle out there or can you take a private boat out there and dock it and go into the facility? MR. BROOKER: I believe if you own a private boat, you are able -- and you are a club member, you are able to go to the pavilion. But that will be limited by the dock space that's there. We are not proposing any more dock space currently than you see there that's existing today. Yes, ma'am. AUDIENCE MEMBER: If you bring down 15 people, is Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda )tem too. 7A September 26, 2006 Page 64 of 225 14 there any way you can be sure you've got 15 people going back and they're not going to spend a night on the island? MR. BROOKER: That's a good question. Yes. AUDIENCE MEMBER: Because they could break into somebody's house. MR. BROOKER: Right. That is true. And we -- like I said, the operation of the pavilion will be shutdown at -- at night and so we will take all reasonable measures to make sure people come back off. Accurate head counts are done and people come back off the island so no one is actually using the property or the pavilion at nighttime. Yes. MS. RYAN: You had talked about -- excuse me, the boat dock is existing and you don't plan on expanding it. That's a residential boat dock. How do you convert that to a commercial? Are there any submerged land leases involved in that? And I just wanted to make sure you did say that that boat dock isn't going to be expanded. What's there is going to be it? MR. BROOKER: That -- that is --- the existing boat dock is what we plan to use currently. If there -- right now the plans do not entail expanding that boat dock or adding a second boat dock. That Donovan Court Reporting, Inc. 239- 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda item No. 7A September 26, 2006 Page 65 of 225 15 would be permitted for the second lot. But we're not planning to do that. MS. RYAN: And is there any conversion needed for residential to commercial boat docks, submerged land lease? MR. BROOKER: Do you know, Kara? MR. LAAKKONEN: I spoke with DEP regulatory staff today on this issue. You would -- you should consult with them because any commercial use of this under residential family terms would violate provisions of the permit. I was consulting with DEP regulatory staff. MR. BROOKER: We'll certainly make sure that we comply with all DEP and federal regulations. Yes, ma'am. MS. WORLEY: Cathy Worley, the Conservancy. I was wondering, since you're having a lot of people out there, are they going to -- are you going to be renting chairs and stuff like that, all that stuff for the beach? Is there going to be any provisions to make sure that beach is clear at night so it doesn't interfere with nesting activity? And also with trash and all that that comes along with having a lot of people out there. Not only that, but I know you were talking about Donovan Court Reporting, Inc. 239- 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 66 of 225 16 possibly having low intensity lights out there. You're not supposed to have any lights at all after nine o'clock that shine onto the beach. MR. BROOKER: Okay. That's -- that's -- the statement that was made with regard to our submittal will be that it would be low level and directional if any lighting it is ---- it is contemplated. Right now no lighting is contemplated. MS. WORLEY: Right. MR. BROOKER: And certainly if lighting is contemplated and installed, it will comply with all county regulations including this 9 p.m. date or time that you mentioned if that's, in fact -- now, what was your first question? MS. WORLEY: It had to do about -- MR. BROOKER: Chairs. MS. WORLEY: -- chairs and trash and everything. MR. BROOKER: Umbrellas will be -- will be part of the pavilion and will be supplied to the members for use on the beach to enjoy the beach. MS. WORLEY: And you'll have staff that will remove them each day from the beach? MR. BROOKER: Absolutely, yes. Yes, ma'am. AUDIENCE MEMBER: You had said there would be -- Donovan Court Reporting, Inc. 239--793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Say Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 67 of 225 17 public memberships would be available also in addition to all the Basil Bay Resort Properties. How many of those are available? MR. BROOKER: I don't know the exact number. It's going -- my understanding it's going to be a function of -- of the demand -- demand and supply. It's basically going to be limited to the projects that I mentioned first and any remainder within a certain reasonable -- again, I apologize for not having the exact numbers or grand total numbers, but that's contemplated for making them available to public membership if the projects themselves don't fill it out -- up. MS. CURRY: When will you know the numbers? MR. THOMAS: There's the total number of members is 750 in the club. MR. BROOKER: Total number is 750. MR. THOMAS: In the club. The total number of members would be 750. The total number of units I think is right around 500, just over 500. MR. BROOKER: So total number of units we're looking at is five -- in the five hundreds. Total club membership will be 750. Yes, sir. MS. JENSEN: Are you selling those memberships to Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 Agenda Item No. 7A September 26, 2006 Pace 68 of 225 North Bay Resort Beach Pavilion 1: your -- to the members? MR. BROOKER: I believe they come with. It's associated with condominium ownership, but they do come with an extra -- I think it's built into the condominium unit ownership price as an amenity to owning the condominium in this project. (Inaudible.) THE COURT REPORTER: I'm sorry. I can't hear. MS. JENSEN: Laura Jensen. Thank you. MR, BROOKER: And, ma'am, before -- we need to get your name. MS. CURRY: I'm Anita Curry. MS. MOONEY: I'm Nancy Mooney, an Oyster Bay homeowner. THE COURT REPORTER: Your last name? MS. MOONEY: Mooney. THE COURT REPORTER: Thank you. MS. MOONEY: And on your web site for Naples Bay Resort it shows a rendering that's very different than this rendering here for the clubhouse. It shows it twice as wide. And also on your public notice it's very misleading. I'll pass it around. It's very misleading because it shows property outside of Rookery Bay. And also on the web site it talks about how the developer has the right to change anything. Donovan Court Reporting., Inc. 239 -793 -0021 www.donovanreporters.com I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Say Resort Beach Pavilion Agenda Item No. iA September 26, 2006 Page 69 of 225 19 So I am very concerned that given the information here today might not be the correct information. MR. BROOKER: well, all I can tell you in that regard is our submission to the county is what is being proposed. And if there are going to be changes in the future, we would have to comply with all county, state, and federal regulations to change it. MS. MOONEY: Well, I oppose. MR. BROOKER: Yes, sir. MR. VAN DONGEN: My name J.P. van Dongen. I'm currently -- I own a lot just south of this development here. I'm a resident of Naples. Firstly, I'd like to say that I obviously oppose this as a homeowner out there. It's for private residences. It's a quiet -- it's a single- family zoned area. And I object to developers using this as a ploy to sell their developments and becoming a commercial entity out in Keywaydin. I also have to ask a question before I stand up. You mentioned lighting. What sort of generating -- power generator are you proposing? This is an area that's quiet. It's pristine. It's definitely a concern for me if I'm going to have a generator right next door to me. The second thing is, there's a lot of animal -- a Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 70 o 225 20 lot of wildlife particularly deer that move and roam up and down this island. I notice that you're going to develop it as you have it now. You actually have rope going all the way up and down this boardwalk in parts which seems to me to be impeding the natural flow and perhaps ecological impact you need to be aware of. If -- and I do foresee this happening if more and more development gets out there, more and more development, 750 -plus guests, you'll obviously have a lot more fences out on this island demarking private property which from a land -use ecological standpoint seems to be a very negative one on this beautiful area. So I strongly object. I'd like to find out how you will generate the power. MR. BROOKER: Do you know what kind of generator you require, Frank? MR, COMERIATO: The generator is primarily there to operate the ADA lift that will allow handicap people access to the pavilion. So if there is no load and if there are no lights on and no one is using the lift after dusk, then I don't imagine that the generator would kick on. You know, it would be set up mainly for that lift. AUDIENCE MEMBER: But if you have a refreshment Donovan Court Reporting, Inc. 239 -793 -0021 www.donovanreporters.eom 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 71 of 225 21 center, you also will have to have a way to keep beverages cold, chilled, ice and everything. MR. BROOKER: They are going to be transferred -- transported to the site -- MR. COMERIATO: Those would be daily. MR. BROOKER: -- via cooler. AUDIENCE MEMBER: Is that on a separate boat? MR. JENGTEN: Did you get my name? Jim Jengten, J- e- n- g- t -e -n. But I want everybody to realize 750 people units times two, if there's only two people per unit which if there are three people plus guests plus the transients plus everything, this is an enormous project, enormous. MR. BROOKER: Yes, ma'am. MR. JENGTEN: I guess I shouldn't have to say I object to it. MS. HILL: My name's Deborah Hill and I represent the Hill family and my mother, Edith Currie. We are the primary residents of 51 years on the island. So we know the realities and the romances of the island. There is still abundant wildlife that needs to be protected, and the birds and the waterways. The garbage is already unsurmountable. To go down the beach and have to pick up after the private -- or the general public that's boating there, I can't even Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 72 of 225 22 fathom another, as Jim said, possibly 1,500 visitors to an area that's zoned special treatment. I share my mother's concern as far as safety factors not just for this development but for the county access as well. Are we assured that people that are, as Jim said, transient and less concerned with the island than a private owner would be, are we assured that they, indeed, are coming back to Naples, Florida mainland or are they going to be lingering on the island and perhaps jeopardizing my or my mother's or my sister's safety? We pay huge amounts of taxes every year. Even J.P. Van Dongen, who doesn't yet have a dwelling on the island, shares that burden of taxes. I don't see that we're going to be getting a lot of protection and amenities in return for that. Maybe you can address any of those issues. I do object. MR. BROOKER: I guess my only response would be this is -- this property owner pays taxes as well. And this is the opportunity to hear those types of concerns and we are listening to them. Part of our proposal will be to include educational signage. And we will do our best to alert and educate the guests of the beach pavilion as to the sharing of the -- of the island with other private property owners. Donovan Court Reporting, Inc. 239 -793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 t North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 73 of 225 23 MS. HILL: One of my concerns I have is the discussion has one operative phrase that I'm hearing is "at this time" and "currently." This is the last remaining of old Florida in this area. This is prime waterfront property and we know that. And we know that the individual that's ushering this proposal for change in is also a major developer in this area on the mainland. I really believe that the island needs to remain pristine and untouched. MR. BROOKER: Thank you. Yes, sir. MR. BOTHE: Stefan Bothe, I'm an owner on the island. I wanted to take off from a couple of things there. One is contemplated, not at this time. I know you're a lawyer that does this all the time. That really means is most upcoming, but not right now and you can cover yourself that way. How do we know that it isn't coming and what restrictions is the developer willing to say that there will never be more than 50 people on the island at any one time? There will never be this --- you've heard a lot of issues that we have here, all of us. Will you restrict it? All we hear is "not at this time." As far as the beach and safety, I walk up every weekend that I'm here with a garbage bag and I fill Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporte=s.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1' 18 19 20 21 22 23 24 25 North Bay Resort Beaah Pavilion AaenGa Item No. 7A September 26, 2006 Page 74 of 225 24 probably a garbage this size and take it off the island with me when I leave on Sunday. And some weekends it's two garbage bags. So that the environment -- protecting the environment and the animals, I think it's very important. And there's always this sense in this town that Keywaydin Island is sort of this rich man's island, that nobody gets to -- come on a weekend and see how many hundreds of people on the southern end of the island. Look at how many hundreds of people are coming from the Gulf with their boats. And good for them. I mean, it's a public beach. They have their boats. But nobody takes care of what they do after they leave. They leave more than their footprints. Me and some other owners are doing some things. I think unless the developer does a real serious restricting job, you know, there won't be room on the island to support this. MR. BROOKER: I guess my response to that is the applicant has a vested interest in keeping the area clean itself. And we -- MR. BATHE: Well, as I say -- MR. BROOKER: Can I finish, please? MR. BOTHE: Sorry. I thought you were through. MR. BROOKER: We have a vested interest in Donovan Court Reporting, Inc. 239 - 793 --0021 www.donovanreporters . com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 75 of 225 25 keeping the beach clean ourselves and we will take all reasonable measures to clean up the beach each day. As far as my comments about "currently" and so forth, we're giving you what has been proposed to the county now. If there are changes, for example, lighting, I know that's an issue. Right now from the very beginning we never contemplated lighting at night at this site. There are security issues that we're hearing amongst the other owners in the attendance --- in the attendance of this meeting. So if security becomes an issue, yes, we will have to address it at that point in time, but we would certainly comply with every regulation that the county, state, and federal government has in that regard. Finally, if things change drastically under the county regulations, we have to have another meeting just like this followed by public hearings which are to come. So we're not trying to hide anything here. And we've got either two or three public hearings in addition to this before the various boards of the county that you will hear our presentation again. And I hope that responds. We're -- we're not trying to be deceptive in the Least. Yes, ma'am. MS..MOONEY; When are those -- when are those, Donovan Court Reporting, Inc. 239- 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 lB 19 20 21 22 23 24 25 I North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 76 of 225 26 the next public hearings? MR. BROOKER: They have not been scheduled, but I believe the order will be Environmental Advisory Council, otherwise known as the EAC, followed by the Planning Commission or the CCPC. Ultimately to be decided by the Board of County Commissioners, the BCC. MS. WORLEY: Have they set a date? MR. BROOKER: They have not been yet scheduled. As a matter of fact, I have a call in to Ms. Valera in that regard to get them scheduled. They will be noticed in the newspaper. And I believe another mailout must go out -- MS. VALERA: That's correct. MR. BROOKER: -- with respect to the Planning Commission meeting. MS. VALERA: The EAC, Planning Commission and the Board of County Commissioners. MR, BROOKER: Yes, sir. MR. LAAKKONEN: A couple of things. One is on other beaches in the county special events are allowed at night. And I wonder what how you're going to address or deal with that issue of planning on any sort of after - hours, kinds -of- events that would bring in even more people or that would entail the need for lighting or equipment out on the beach and that sort Donovan Court Reporting, Inc. 239- 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No, 7A September 26, 2006 Page 77 of 225 27 of thing. I know that's been allowed in hotels and other locations on other beaches. The other issue is relative to things people leave behind. What is the county code on rest rooms per capita and are you fulfilling that requirement? MR. COMERIATO: Yes, we are. Actually, the capacity of the rest rooms there is 65. MR. SNEED: The wastewater treatment is 65. MR. COMERIATO: So, I mean, the wastewater treatment is sized a little bit larger than 56 just in case there is -- there's a problem with the septic system. But the toilets and the number of rest rooms there are set for the 56 people. AUDIENCE MEMBER: Understood, though, the issue being that there are more people on the beach in addition to who is in the actual building. You could have a little over - capacity use of those facilities that all have been -- all been -- they're all your guests. In other words, your charges. And somehow kind of getting at what Keith was talking about, you need to provide an adequate facility for that many people or whatever that number is which I'm still not sure about. It sounds like it may be beyond your capacity. MR. BROOKER: Point well taken. We'll -- we'll Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 North Bay Resort Beach Pavilion Aaenda Item No. 7A September 26. 2006 Page 78 of 225 consider that and try to arrange that. With regards to the special events you had mentioned, nothing has been discussed amongst us with -- in that regard. And so nothing is planned in that regard at this time. I mean, I know you guys don't like hearing that. The special event does -- does require a county permit and all the county regulations would be complied with in the event a special event takes place there. But nothing has even been discussed in that regard as much yet. AUDIENCE MEMBER: we have concerns about the adequacy of that on this particular island. MR. BROOKER: I understand. Thank you. I have that written down. Yes, sir. AUDIENCE MEMBER: Is this the potential first phase of any future development? And if it truly is not, would the applicant be willing to place a conservation easement on all land outside the footprint of this property? That's something that we would urge to make us more comfortable to be assured that there would be no more future development of this site. MR. BROOKER: I can't answer that question. I -- there's no -- no future or no discussions as this Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 79 of 225 29 1 stands being Phase 1 of 4 phases. This is it as far as I have heard. As far as the conservation easement, the mangrove community line to the east, this conservation -- this hatched area is preserve area which will be required to be placed on the conservation easement. So you've got a vast majority of the site already. Whether the property owner will go the extra step and place the further conservation easement, he's yet to inform me. We'll get your support in exchange. AUDIENCE MEMBER: Yeah. And the issue there is what you're proposing for conservation easement is already wetlands which require permits to be impacted. To really guarantee no more future development you would put a conservation easement on things that could be developed. And on that note, I'd also like to add that perhaps you should speak with DEP's Beaches and Coastal Systems Bureau to see that this project may be waterward of the coastal construction line. That's something they're going to be looking at too. MR. BROOKER: You want us placed waterward of the coastal construction line? AUDIENCE MEMBER: No. No. No. This project may be waterward of the coastal construction line. You might want to consult with Beaches and Coastal Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Aaenda Item No. 7A September 26, 20016 Page 80 of 225 30 Systems. MR. BROOKER: We will -- we will consult with -- we know it's not waterward of the county's. Whether it's waterward of the state's, we will certainly comply with the easement. MR. THOMAS: Well, it is. And we previously were granted a DEP permit to construct a facility on this site several --- many years ago. AUDIENCE MEMBER: Has the permit expired, though? MR. THOMAS: Oh, yeah. The permit's expired, but we did previously have a permit for a larger structure than this one from DEP. We'll have to go through that full process again. And one other point. You asked about the boat dock. And I think one possibility is to place part of the fixed dock with a floating dock to facilitate people's access to and from a boat. Not to expand it necessarily, but to make a portion of it floating which, you know, would generally find that the agencies are receptive and positive about that kind of a change. But that I think is the only thing contemplated. AUDIENCE MEMBER: And the submerged land lease would require permits with the state? MR. THOMAS: It might, yeah. Donovan Court Reporting, Inc. 239- 793 -0021 www.donovanreporters.com I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No, 7A September 26, 2006 Page 81 of 225 31 AUDIENCE MEMBER: Regarding the dock, you said it would be the owners who could dock their boats at the marina, can have access. The dock's not big enough for that many boats. MR. BROOKER: It may not be. MS. RYAN: Nicole Ryan with the Conservancy. In the EIS it says that there would not be vehicles on the beach. Does that mean that the umbrellas and chairs and equipment will be hand carried from the club down to the water every day and then brought back or is it just going to no vehicles on the beach at this time or how -- how do you envision -- MR. BROOKER: Hand carried. MS. RYAN: -- how all of that would be transported? MR. BROOKER: Hand carried. MS. RYAN: Hand carried. MR. BROOKER: Yes, sir. MR. CORNELL: Brad Cornell with Florida again. The boardwalk -- I'm sorry. Maybe you said this and I missed it. Is there going to be a tram going across the boardwalk from the boat dock to the facility? So it's a walking boardwalk? MR. BROOKER: It's a walking boardwalk with the exception the only motorized portion would be for Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 82 of 225 32 handicap access side of the facility, some sort of hydraulic lift. MR. COMERIATO: Yeah. A lift within the pavilion to lift you from the boardwalk level up to the required DEP construction height. MR. CORNELL: Right. But my question was about the boardwalk itself. What's the width? Do you know? MR. THOMAS: Four feet or six feet. MR. BROOKER: Four feet maybe. We don't -- MR. THOMAS: Yeah. It's wide enough, I think, you can put a golf cart on it if you need to to transport somebody or some thing. But it's not intended to be used for motorized transportation. MS. MOONEY: Is this an accurate rendering that's on your web --- your web site? MR. THOMAS: No. No. No. The web site was information on that, and other people here can speak to that as well, was posted quite a while ago. And as it said was subject to being changed in the future. So that's the information that's no longer current is what's on the web site. What is current is what you see today. And as Clay has said, as this goes through the approval process, our approval will be referenced to these materials that are here. The language that you see on Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanraporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item trio. 7A September 26, 2006 Page 83 o� 225 33 the web site essentially covers us with anything we've presented to a potential buyer in the past so they can't object to the changes that we've made. And, yes, the building is smaller than it was in those materials and the architectural style has been modified to try to be more in keeping with the character of the island. MR. BROOKER: Yes, ma'am. MS. HARRITY: How long is that? It looks like you're going to take a boat over there, get off and you're going to walk some kind of boardwalk to go to the beach and three - quarters of the way there you can stop and hangout if you want. Is that correct? You're not going to be in those mangroves walking around? You're going to be walking on this man -made boardwalk? MR. BROOKER: That's correct. Yes. Yes. MS. HARRITY: If you ever visited St. Johns, when you go there, when you leave you pick up every single thing, every cigarette butt, everything, and it looks the same way when you leave. It's a beautiful place. I don't really see any problems personally. How long is that from one side to the other? MR. BROOKER: Do you mean from the length or the width of the island itself? Donovan Court Reporting, Inc. 239 -793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 84 of 225 34 AUDIENCE MEMBER: Yes. MR. SNEED: It's a long walk. The total width of this island is -- MR. BROOKER: It's over 460 feet. It's a parallelogram so -- AUDIENCE MEMBER: Those two things are 200. MR. BROOKER: Can we get your name for the record, please? MS. HARRITY: Audrey Harrity. THE COURT REPORTER: Harrity? MS. HARRITY: H- a- r- r- i -t -y. Yes. MR. BROOKER: Yes, ma'am. MS. BARNETT: My name's Marie Barnett. I want to get it clear in my mind the process you have to go through to get a rezone. You say you have to go through to the EAC, Environmental Advisory Committee. You have to go through the Planning Commission. Then you have to go to the Board of County Commissioners? MR. BROOKER: Correct. MS. BARNETT: Okay. Those first two that you have to go through, do you have to get your approval to get to the next step, like the first one, the EAC? MR. BROOKER: They are recommended. MS. BARNETT: They are recommended. MR. BROOKER: They make recommendations to the Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion BCC. Agenda Item No. 7A September 26; 2006 Page 85 of 225 35 MS. BARNETT: Okay. So -- so if you went through the two and they recommended refusal of the project, then you still go to the Board of County Commissioners with your proposal? MR. BROOKER: That's still our choice. At that point we can still move forward if we like with the recommendation that the project is being denied. And just to clarify, it's not a rezone. The zoning on the property is agriculture. We're not changing that zoning. All we're asking for is a conditional use for the educational /recreational facility. MS. BARNETT: And then also can you explain what the -- a conservation easement is? MR. BROOKER: It's essentially what it is is an easement that's granted to the county. And it basically requires that the property owner maintain that piece, whatever is included in the easement area, in it's natural state. MS. BARNETT: Okay. So nothing -- MR. BROOKER: And it runs with the county that no one can change it. We can't change that. It's the county's interest. The county owns it at that point in time. They can't enforce it against us. MS. BARNETT: Okay. So who -- if something's Donovan Court Reporting, Inc. 239- 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I North Bay Resort Beach Pavilion Agenda item No. 7A September 26, 2006 Page 86 of 225 36 built out there, who enforces that, you know? MR. BROOKER: If the conservation easement is violated -- MS. BARNETT: Yes. MR. BROOKER: -- the county would have the right to enforce it. Yes, sir. MR. VAN DONGEN: J.P. Van Dongen. One of the many pleasures out there on the island has been mosquitoes. What do you intend to do, to spray or do you have a special -- any -- any plans to deal with them? MR. BROOKER: I didn't -- I didn't hear the question. MR. VAN DONGEN: Mosquitoes? MR. BROOKER: Oh, it's being screened. AUDIENCE MEMBER: You have to run from the dock to the place during the summer unless you wanted to get -- MR. THOMAS: Those of us who -- unlike many of you who've been there without the benefit of a boardwalk have gone from one side of the island to the other, you want to minimize that time if you can. And that's why we want to have a screen enclosure really is so that there is an escape from bugs. Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 B 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 87 of 225 37 MR. VAN DONGEN: So specifically you -- you have no plans of putting a spray system along the boardwalk or any -- any fogging -type devices? MR. 'THOMAS: No. No. MR. VAN DONGEN: From an environmental standpoint that would be nice if it was clarified and stated in the application as part of the -- MR. BROOKER: Yes, sir. MR. LAAKKONEN: You mentioned several times that this is going to be part of an educational component. What are your specifications for calling it an educational component? Are you going to have certified interpreters or teachers? What exactly is that curriculum going to be and have you considered working with the Conservancy of Southwest Florida, Audubon Society, Rookery Bay, to name a few, that would help you develop that curriculum? If the property owner's really interested in maintaining a natural environment out there and educating folks, then you need to have a real curriculum. MR. BROOKER: We are certainly open to working with them in terms of educating them. AUDIENCE MEMBER: How are you going to do that? MR. BROOKER: Sorry? AUDIENCE MEMBER: How are you going to do that? Donovan Court Reporting, Inc. 239- 793 -0021 www.donovanreportern.com 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 88 of 225 W MR. BROOKER: Either we contact them or they contact us. You know, we know most of the people who are here from the Conservancy and so forth. The plans do call for educational signage. What the -- what that signage states or how it is portrayed, that information, we are certainly open for suggestions and expert advice in that area. MS. RYAN: Nicole Ryan with the Conservancy. In the application it does state that it is an educational and recreational facility. But perhaps the educational should be taken out until the curriculum is established because it's a bit misleading when you first delve into that. Just a suggestion. And also what Keith stated, I think the concern is that is this project in and of itself -- and I was under the impression that it was going to be a maximum of 56 and that seems to be a floating number. So that concerns me quite a bit. But it does seem like this could be Phase 1 of something much larger. And I think that Keith's suggestion of having everything outside the development footprint be in the conservation easement would give some assurances and sort of a good -faith measure on the part of the applicant that they, indeed, do want to be a good Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beaoh Pavilion Agenda Item No. 7A September 26, 2006 Page 89 of 225 39 neighbor. And they do want to maintain the integrity of the Key Island area. So I think that that could certainly help along the way. There was something about the only impervious structures is going to be the growth of the clubhouse and the water collection from that would go into some sort of underground cistern? MR. BROOKER: Cistern. MS. RYAN: What is that going to be used for? MR. BROOKER: I think potable water for -- MR. COMERIATO: Yeah. Typically out on Keywaydin under the structures, the newer structures, they install a large fiberglass tank which would be located where you see the screening there under the structure. The cistern -- that is the cistern. The rain water would fall from the eaves into that tank, be collected there and then treated for use in the rest rooms. MS. RYAN: So it would go -- MR. COMERIATO: It wouldn't be used for drinking at all. MS. RYAN: No. No. But it would actually be incorporated into the rest rooms? MR. COMERIATO: Yes. MR. BROOKER: I'd like to comment on your second comment about this is just a phase and can be Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion expanded. This with it we have plan. That sit conceptual, but the conditional it. Agenda Item No. 7A September 26, 2006 Page 90 of 225 is a conditional -use application and submitted a required conceptual site plan is going to be -- it's it is, in fact, going to be part of use approval should the BCC approve 40 In the event we would want to come and place four or five more phases, which is not certainly contemplated, that would have to require another meeting just like this and another series of public hearings. So it's not in our thought process, not even close. MS. RYAN: So then it wouldn't really be that much more of a layer if you had a conservation easement with Rookery Bay and others to sign onto it? MR. BROOKER: Touch6. Yes, ma'am. (Inaudible.) THE COURT REPORTER: I can't hear her. AUDIENCE MEMBER: I'm sure -- I'm sure that everyone here that are homeowners, we realize what a threat fire is on the island. But you're going to have to educate those other 1,300 people to be courteous and very, very conscious of that because it impacts us tremendously. Cigarette butts should go away. Donovan Court Reporting, Inc. 239 -793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No, 7A September 26, 2006 Page 91 of 225 41 MR. BROOKER: Thank you. AUDIENCE MEMBER: Back to your cisterns, you're only having rain water, then, that is going to function to serve all your facilities? MR. COMERIATO: No. It would be augmented by a well. AUDIENCE MEMBER: I was going to say, it won't work because you'll run out. MR. BROOKER: On -site well and roof runoff cistern. MR. COMERIATO: And the idea is to make these -- this structure as ecologically sensitive and as a greenhouse structure, you know, as green architecture as we can do it so that it's -- it's -- has very little impact on the environment. It's passive in nature and it doesn't require extensive maintenance or energy. MR. THOMAS: I think one other thing on the subject of trash. And I think you're going to find that we're going to have as much self interest in assuring that there isn't debris on the beach or anything of that sort as any of the homeowners. If we have people going out there to enjoy the beach, we're going to want to have policed it before they get there and police it after they leave. And we may well be Donovan Court Reporting, Inc. 239 -793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Hay Resort Beach Pavilion Agenda Item Coo. 7.A September 26. 2006 Page 92 ol' 225 42 picking up more debris than might be caused by the people we have out there. MR. BROOKER: Yes, sir. MR. LAAKKONEN: Keith Laakkonen, again, Rookery Bay. On that notion of a green building, I think maybe in lieu of a septic tank and drain field what should be considered would be an aerobic treatment system. This is a system that's pioneered in the Florida Keys, folks who definitely have some issues with not having room to put a septic in and drain fields in. And I think that would be a consideration for the water quality of the outstanding waterway on either side of this resort. MR. BROOKER: We'll certainly talk to our consultants about that. Yes, ma'am. AUDIENCE MEMBER: Earlier you said you were planning two trips per day so tentatively that can be 15 people. That's 30 people. So how do you -- why are you building a capacity for maybe 56 people? MR. BROOKER: Again, it's going to be demand--generated. That's -- that's our anticipated demand. You have to remember that there are probably going to be many days where the site's not used at all. Donovan Court Reporting, Inc. "239- 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Say Resort Beach Pavilion day? Agenda Item No. 7A September 26, 2006 Page 93 of 225 AUDIENCE MEMBER: Is it going to be closed any 43 MR. BROOKER: Sorry? AUDIENCE MEMBER: Will it be closed any day? MR. BROOKER: I don't believe it'll -- we're not going to be shutting it down. I think what it'll be is if there's demand to use the vessel, the vessel will be out there. And it's basically a -- you know, just a facility to rest and get out of the sun and avoid the mosquitoes. Yes, sir. AUDIENCE MEMBER: I think to clarify that. That facility has tables for the interior for 56 people. That doesn't mean there's never going to be -- never more than 56 people there. AUDIENCE MEMBER: But you're going to need more boat trips. AUDIENCE MEMBER: Well, as they say, if they only have two boat trips with 15 people. That's what I heard. AUDIENCE MEMBER: Right. That's the point I was trying to make. MR. BROOKER: Yes, ma'am. AUDIENCE MEMBER: What is the nearest marker - bay marker, channel marker to this? Donovan Court Reporting, Inc. 239 -793 -0021 www.donovanzaporters.co:m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 94 of 225 44 MR. BROOKER: Nearest -- AUDIENCE MEMBER: Channel marker? MS. CAVE: It's on the -- it's on the location on the other side of-that. There are -- the channel markers are on there. MR. BROOKER: DBN 42. MR. THOMAS: Give that to me. That's not a channel marker. MR. BROOKER: It's not a channel marker. MR. THOMAS: No. This is 42? Between 40 and 42, yeah. MR. BROOKER: It is a channel marker. I was right. MR. THOMAS: But the DBN is not, anybody out there would ever see. MS. CAVE: The number is all. MR. THOMAS: Yeah, just the 42. Just south of 42. MR. BROOKER: Just south of 42. Any other questions? Yes, ma'am. AUDIENCE MEMBER: I have a question regarding people coming out and people going back, the access. If a ferry boat brings people out, say, the first 15, does it remain there? Does it go back for additional Donovan Court Reporting, Inc. 239- 793 -0021 www.donovanreporters -.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 95 of 225 45 15? What if the 15 people that are on are wanting to go back when it's in transport? In addition, I understand that other people that are members of your boat club -- of your beach club can pull up to the dock and dock or they can also back in on the gulf side. I see a tremendous amount of people using this facility way beyond 56 especially during holiday weekends and such. Is this going to be a manned facility that you will say, I'm sorry, no more people? Who's going to enforce that? Who's going to be the guy that says, Sorry. Wait. You know, I've got to get rid of five people before I can let the next six on? MR. BROOKER: Well, the first question about the vessel going to and from, I don't believe this is going to sit there. You're asking operational questions that haven't been finally determined. I don't know if there will be a schedule. AUDIENCE MEMBER: But to that point, if somebody --- if your boat comes out and drops off 15 people and one of those people should have a heart attack while the moat is going back, what happens? MR. BROOKER: It's the same thing if a person has a heart attack on one of the private home lots. We'll try to -- Donovan Court Reporting, Inc. 239-793 -0021 www.donovanreporters.com r 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach pavilion Agenda Item No. 7A September 26, 2006 Page 96 of 225 46 AUDIENCE MEMBER: We don't tow people back and forth that way, though. MR. BROOKER: You know, we'll take medical emergencies into account, I guess, and have a -- have some sort of process implemented to try to account for medical emergencies. AUDIENCE MEMBER: And limiting people beyond this? Is this a manned facility? Will there be someone there that -- that's stewarding the amount of people that are coming in and out and verifying that they're who they say they are and --- MR. BROOKER: Yes. Yes. There will be verification not only club members are using the property. And it will be manned. The vessels will be manned and the building be manned in terms of policing the club usage, the pavilion usage. AUDIENCE MEMBER: Is that a full -time position? MR. BROOKER: Sorry? AUDIENCE MEMBER: Is that a full -time position? MR. BROOKER: I don't --- I don't know. I don't believe so. Yes, sir. MR. LAAKKONEN: How many linear feet of beach is actually on these two properties here that the folks are going to be using because I'm hearing the number Donovan Court Reporting, Inc. 239 --793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 97 of 225 47 56 and then I'm hearing the 750 times two and I just -- I just can't imagine that they're all going to stay on this section of the beach. MR. BROOKER: One hundred and eighty feet approximately -- roughly. Don't hold me to that number. MR. COMERIATO: It might be a little bit larger because it's at an angle. It's kind of a trapezoidal angle. MR. BROOKER: It might be a little bit more than 180 feet. Each lot is approximately 90 feet wide from north to south so -- but it is at an angle so it will be a little bit more than that, the beach linear -wise. MR. LAAKKONEN: And is it your plans to instruct the guests that they're not to leave that section of the beach or are.you just going to dump them out and they're going to -- MR. BROOKER: I believe a beach can be used by anyone. I don't think we're going to say you can't go beyond these lines. MR. LAAKKONEN It's just a question. Right. MR. BROOKER: I mean, I can walk just as long as -- as well as you can walk along. MR. LAAKKONEN: Right. Right. MR. BROOKER: The State of Florida and the public Donovan Court Reporting, Inc. 239- 793 -4021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda liem No. 7A September 26, 2006 Paae 98 of 225 M owns that beach, not a private owner. MR. LAAKKONEN: You're right. Absolutely. That's what I was just asking. MR. BROOKER: As well as every homeowner here. That beach is open to the public. People can walk up just like I can. MR. LAAKKONEN: You're right. MR. BROOKER: Not on the private property, but on the beach. MR. LAAKKONEN: Uh -huh. MR. BROOKER: Yes, ma'am. AUDIENCE MEMBER: Maybe a part of --- well, part of what he might have been getting at also is that your debris, trash and everything is not going to be limited to your beachfront because people are going to spread out and there's a potential of getting a lot more garbage and everything else. That it's not just on your property, but on either side of it and in other people's backyards. MR. BROOKER: Thank you. AUDIENCE MEMBER: And, excuse me, recently there's been wild pigs that have been sited on the island and even in the paper the other day there was an article talking about the endangered (inaudible). THE COURT REPORTER: Excuse me. Say it again. Donovan Court Reporting, Inc. 239- 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 99 of 225 PRI AUDIENCE MEMBER: There's endangered piping plovers on Keywaydin Island and the wild pigs are just additional environmental concerns. MR. BROOKER: Was that a question? All right. We'll comply with all the county environmental issues. AUDIENCE MEMBER: I just have a question /comment. All the things we are discussing tonight and we're asking you and maybe you're going to make determinations of numbers, so if you can get an actual -- you know, an actual number of people that will be out there that you're proposing. How do we get -- how do we find out that information? Is it presented to the EAC or is it going to be in the newspaper or will you send something? Do you have a web site? MR. BROOKER: It will be presented at the public hearing most likely because I'm sure these folks will be attending it. That issue will be raised and -- AUDIENCE MEMBER: At the EAC? MR. BROOKER: If the property owner can make a commitment to a certain person count, then depending on our discussions, then, yes, it will be at that time at the public hearings that it will be made. AUDIENCE MEMBER: And at the EAC is the public allowed to speak at that meeting? Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item Flo. 7A September 26, 2006 Page 100 of 225 50 MR. BROOKER: Yes, it is. AUDIENCE MEMBER: Okay. So how -- how do we speak about something if we don't know what's going on? We don't know the number of people that are going to be on the island, then how do we, you know, go and talk about it? MR. BROOKER: Well, typically the process is you'll have a number of speakers that will raise this issue just like you -- you folks have done tonight. And the questions then will be bounced back to the applicant there at the hearing by various commission members. This is something you're willing to do. What are you thinking about doing in this respect? That sort of thing. And that's how the issue is fleshed out in public hearings. AUDIENCE MEMBER: Okay. MR. BROOKER: Anything else? Yes, ma'am. AUDIENCE MEMBER: You're probably aware of this, but with regard to your boardwalk and the trimming of the mangroves, you realize you need a permit to trim them and that also you should have somebody who is knowledgeable about mangroves trim these trees, because you can kill them if you trim them wrong. MR. BROOKER: Right. Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Bay Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 101 of 225 51 AUDIENCE MEMBER: That's just a point of -- MR. BROOKER: We will -- we will be certainly mindful of on the trimming -- MS. CAVE: Yeah. MR. BROOKER: -- limitations. If there are no more questions, I thank you for coming out and I have tried to take down a lot of the comments. We're carrying on a common theme. I tried to take down the notes. You have our word that we will take into consideration all of your comments and see if we can't accommodate some or all of them beforehand at the public hearings. Yes, sir. AUDIENCE MEMBER: We've heard everything said here again. I think Lois and I would just like to make the statement that we're opposed because it takes away the privacy of the island. MR. BROOKER: Okay. Thank you, sir. AUDIENCE MEMBER: Lot owners. We talked to you on the phone today. MR. BROOKER: If you -all wouldn't mind, there's a list floating around the audience. If you could try to sign the list to show that you attended the meeting. We would certainly be appreciative. This is a requirement or a request of the county, not of us. Donovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 North Say Resort Beach Pavilion Agenda Item No. 7A September 26, 2006 Page 102 of 225 52 THE COURT REPORTER: And if you could, print. MR. BROOKER: Thank you for attending. (Neighborhood meeting was concluded at 6:40 p.m.) bonovan Court Reporting, Inc. 239 - 793 -0021 www.donovanreporters.com 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S CERTIFICATE STATE OF FLORIDA ) COUNTY OF COLLIER) naa item No. TA Page 103 of 225 53 I, Carolyn J. Ford, Registered Professional Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes. Dated this 24th day of July, 2005. Carolyn J ord, RPR ~—^ Donovan Court Reporting, Inc. (239) 793 -0021 2315 Stanford Court, Suite 301, Naples, FL 34112 Agenda Item too. 7P, September 26, 2006 Page i 04 of 225 NEIGHBORHOOD INFORMATION MEETING (N.I.M.) DATE: 7/20/05 TIME: 5:30 P.M. LOCATION: Cambier Park, The Norris Center, 755 8 1 St. South, Naples FL SUBJECT: "North Bay Resort Beach Pavilion CU -2005- AR- 7181" INANEF FOR T TO CONTINUELYIMPR0VE UPON THE PUBLIC NOTIFICATION PROCESS, PLEASE INDICATE NUMBER: HOW WERE YO U INFO.RAI ED OF TODA Y'S MEETING? 1. Mailing 2. Newspaper ad { 3. Other Please Print Name/Phone # Addt ess Survey # _ A 14 �cr'- ttAsav,s�� 2 ��dc��ic CJr 31� 3 ll `f +� rsjrC(E vV n�t7 �4 t -6 2 ?4 ( -j XR?rt:�CQA/ d2 1 ,l l�.l,G,.✓ Ll �- � Cn Co 0 q S Jt/3 Agenda Item No. 7A September 26, 2006 f Page 105 of 225 ��l o hn��efl'C. 1 /f�+J 1 C3l�jCa��^.� b�� i� �fc� � lyQ,f,�p„ o�j'�c�°2•_ •.-~ it, TTo, Ts o Tl it lam - Agenda Itemi`69.27A September 26, 2006 Paae 107 of 225 FLORIDA DEPARTMENT OF STATE Cicnda E, Hood Secre#i3ry of State " Dl;VISION OF i-i:WORICA'L RESOURCES May 5, 2004 Ms. Kara Cave Turrell & Associates, Inc. 3584 Exchange Avanue, Suite•B Naples, FL 34104 FAX. '23 9- 643 -6632 Dear Ms, Cave: In response to your inquiry of May 4, 2004, the Florida Master Sito File lists no previously retarded cultural resources in the following parcels; T5 IS, R25 E, Section 14 In interpreting the results of our search, please remember the following points: } • Areas which have not beext completely surveyod, such as yours, may contain unrecorded arebaeologioal sites; unrecorded historically important structures, ar both. As you may know, state and federal laws require formal environmental review for some projects. Record searches by the staff of the Florida Master Site Fite do not constitute such a review of cultural resources, If your project falls tinder these laws, you should contact the Compliabee Review Section of the Bureau of Historic Preservation at 850- 245.6333 or at this address. Sincerely, "'?' r Alison McCallum Historical Data Analyst, Florida Master Site File Division of Historical Resources R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 Phone: 850- 245 -6440 State SunCom: 205 -6440 Fax line: 850 - 245.6439 Email: fmsf ie @dos.s /ate fl, us Web; http .•//www.dosstate.l,us/dhr/mlf/ 500 S, Bronough Streit • Tallahassee, FL 32399 -02SO . http: / /Wwv.(theritage.corn O Director's office C3 Archaeological ii<mamh 0 historic Preservation O Historical Museums, 5,0) 2454800 + FAX: 2A3 -6435 (850) 2"44 + FAX: 245.6436 (650) 245-6333 1 FAX 745.6437 (850) 24$-6440 - FAX; 245 -6633 t3 Palm Beach Regional Office 0 5t. Augustine Regional Office 0 Ta npei Regional Office (561) 279 -1475 - FAX-, 279 -1475 (404) 82$5045 A I:AX;. $.5044 (813) 272.3843 • FAX: 272 -2340 TQTPL P.02 EDWARD K. CHEFFY BOARD CERTIFIED CIVIL TRIAL ATTORNEY BOARD CERTIFIED BUSINESS LITIGATION ATTORNEY JOHN M. PASSIDOMO BOARD CERTIFIEO REAL ESTATE ATTORNEY GEORGE A. WILS014 BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNEY F. EDWARD JOHNSON BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNEY JOHN D. KEHOE BOARD CERTIFIED CIVIL TRIAL ATTORNEY LOUIS D. D'AGOSTINO 130ARD CERTIFIED APPELLATE PRACTICE ATTORNEY JEFF M. NOVAiT DAVID A. ZULIAN KEVIN A. DENTI CHEFFY PASSIDOMO WILSON & JOHNSON ATTORNEYS AT LAW, LLP 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34102 TELEPHONE: (239) 261.9300 FAX: (239) 261.9782 E -MAIL: CPWJ@napleslaw.com January 26, 2006 Via Email, Facsimile & U.S, Mail Gary Lytton Department of Environmental Protection Rookery Bay Nat'l Estuarine Research Reserve 300 Tower Road Naples, .Florida 34113 R i Vag 7A September6, 006 JEAN �� 2006of225 ZONING ® EF FiFY5. A FFMAN BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNEY LOUIS W. CHEFFY BOARD CERTIFIED REAL ESTATE ATTORNEY LISA H. BARNETT BOARD CERTIFIED REAL ESTATE ATTORNEY CLAY C. BROOKER ANDREW H. REISS WILLIAM J. DEMPSEY BOARD CERTIFIED REAL ESTATE ATTORNEY STANLEY A. GUNNER, JR. ERIN K. DEGNAN ANN HOWARD BANZET ERIC T. COFFMAN TRACY M. COFFMAN RE. Naples Bay Resort Beach Pavilion (Keewaydin Island) Dear Gary: OF COUNSEL: GEORGE L. VARNADOE It has been a pleasure meeting with you to discuss the above - referenced project (the "Beach. Pavilion "), The purpose of this letter is to formally respond to your letter of January 13, 2006, although we have already discussed many of thetopics in our meetings, This letter also serves as a response to the Conservancy of Southwest Florida's letter of December 20, 2005, as many of the questions raised therein are identical to the issues raised by, you on behalf of the Rookery Bay National Estuarine Research Reserve ( "Rookery Bay NERR "). Attached hereto is the latest draft of the proposed Operations Manual for the Beach Pavilion. This draft incorporates our discussions up to our last meeting an January 17, 2006. It also incorporates some topics discussed at a recent meeting with Tony Pires (and Dr. J.P. van Dongen), who represents many private land /homeowners on Keewaydin island. As you know, it is our intention to request that the Operations Manual, when it reaches its final form, be made part of the conditional use approval by Collier County (assuming that the conditional use petition receives approval). . I invite you to review the attached Operations Manual, as many of the topics raised in your letter are addressed therein. A selection of the topics are discussed below. Agenda Item No. 7A September 26, 2006 . Page 109 of 225 Size of the Beach Pavilion Structure The footprint of the proposed Beach Pavilion structure is 2,925 square feet (broken down to 1,800 square feet under roof'and 1,125 square feet of a screened deck). This footprint size is the result of significant reductions during the internal planning phase of this project. We believe the proposed footprint is reasonable, given the fact that it sits on two lots on Keewaydin Island. Therefore, we are unwilling to consider further reductions in the footprint size at this time. Conservation Easement You have suggested that we agree to place the entire property, less the footprint of the proposed Beach Pavilion structure, under a conservation easement. We agree to place the mangrove community on the east side of the property (approximately 2.2 acres) as well as all property west of the County's 1974 Coastal Construction Setback Line (approximately 1.1 acres) under a conservation easement. A small additional parcel will be placed under a conservation easement pursuant to the County's native vegetation preservation requirement. When all these lands are taken into account, approximately one acre of the 4.32 -acre site will remain outside a conservation easement. We would prefer to leave this one acre subject to the ordinances and regulations of those agencies having jurisdiction over the development of the property and, therefore, cannot agree to your request to place the entire property outside the footprint of the proposed Beach Pavilion structure under a conservation easement. Maximum Number of Guests We have clarified the Operations Manual such that the maximum number of guests (including staff members) permitted on the entire property (beach and pavilion) at any one time is 56. Number of Staff Persons We agree that at least one staff person will be on -site whenever 15 or fewer guests are visiting the property. When more than 15 guests are visiting the property, we agree that at least two staff persons will be on -site. Educational and Monitoring Programs We agree to develop and implement educational and monitoring programs as mentioned in your letter. In this regard, we need and invite the assistance of the Rookery Bay NERR and the Conservancy of Southwest Florida. Lighting and..Power Please see the appropriate section in the attached Operations Manual. We agree Page 2 of 4 Agenda Item No. 7A September 26, 2006 Page 110 of 225 to implement the use of solar power wherever reasonably feasible and effective. Motorized Vehicles Please see the appropriate section in the attached Operations Manual. We agree to operate only one, electric vehicle. Special Events Please see the appropriate section in the attached Operations Manual. We agree to notify the Rookery Bay NERR when an application for a special event is submitted to Collier County, with the intention of inviting the Rookery Bay NERR to participate in the special event permitting 'process. In addition, we agree that no part of any special event shall include fireworks or boat races. With regard to "concerts," we invite further clarification (as we discussed) and are willing to consider reasonable limitations regarding music. Memorandum of Agreement We are not opposed to the general concept of entering into a Memorandum of Agreement with the Rookery Bay NERR for the primary purpose of establishing a meaningful enforcement/penalty process bywhich the Rookery Bay NERR can monitorthe operations of the Beach Pavilion to ensure compliance with the Operations Manual. We are willing to discuss details with your legal representatives. Miscellaneous ✓ We agree notto pursue beach nourishment, shoreline hardening or shoreline structures for the Beach Pavilion property. ✓ Pets are not permitted on the Beach Pavilion property. ✓ Mosquito or insect control will be permitted only through the use of personal repellents or other "passive" means (e.g., use of the "Mosquito Magnet "). Mosquito "control systems" (further clarification to be provided by the Rookery Bay NERR) and encouragement of aerial spraying will not be permitted. ✓ Visitors will not be permitted to arrive at the Beach Pavilion property via personal watercraft (e.g., jet skis, waverunners, sea -dons, etc.), pursuant to request of the private land /homeowners (represented by Tony Pires, Esq.). ✓ For trash disposal, please see the appropriate section of the Operations Manual. We agree to conduct daily cleanups of the beach, including 100 yards of beach both north and south of the boundaries of the Beach Pavilion property. Again, thank you for working with us to develop the Operations Manual. As the Operations Manual is a work in progress, we invite continued input from the Rookery Bay NERR, the Conservancy of Southwest Florida, and the private land /homeowners on Page 3 of 4 Agenda Item No. 7A September 26, 2006 Page 111 of 225 Keewaydin Island. We acknowledge the environmental sensitivity of Keewaydin Island and sincerely desire to operate the Beach Pavilion responsibly. We therefore remain committed to open dialogue and look forward to a future of mutual cooperation and respect. Sincerely, Clay C. Brooker For The Firm Enclosure cc: Charles Thomas (w /enc) Christian Spilker (w/ enc) Nicole Ryan, Conservancy of SW Florida (w /enc) David Addison, Conservancy of SW Florida (w /enc) Carolina Rivera, Collier County (w /enc) Tony Pires, Esq. (w /enc) Keith Laakkonen, Rookery Bay NERR (Wenc) F: lwpdocsiLITRCCB1Antaramian%Boat Havers — 81341KeewaydinNLytton It; 1.26.OB.wpd Page 4 of 4 Andrew McElwaine, President & CE. 0. .Tune 30, 2006 Mr, Mark Strain Chairman, Collier County Planning Commission C/O Carolina Valera Collier County Community Development and Environmental Services 2800 North Horseshoe Drive Naples FL 34104 RE: Naples Bay Resort Beach Pavilion CU -AR -7181 Dear Chairman Strain and Planning Commissioners: Agenda Item No. 7A September 26, 2006 Page 11 Z,pL22,5 CONSERVANCY. Of Southwest Florida 1450 Merrihne Drive Naples, Florida 34102 239.403.4210 Fax 239.262.0672 andrewm @conservancy.org The Conservancy of Southwest Florida opposes Naples Bay Resort's Conditional Use permit application for a private beach club facility on Keewaydin Island. Construction of a private beach club would require the petitioner to demonstrate that the proposed project qualifies as a valid Conditional Use and that the conditional use would be compatible with the surrounding land uses. The Conservancy believes that the construction of a 2,925 square foot beach club (with 750 memberships and the potential to come back and ask to increase the footprint to 4,500 square feet) is incompatible with natural resource protection on Keewaydin Island. The Conservancy asks that the Planning Commission recommend denial of the Condition Use based on incompatibility with adjacent properties and the management of the Rookery Bay National Estuarine Research Reserve, Current uses on Keewaydin Island are low intensity and compatible with the protection of dunes, native vegetation and wildlife living and nesting on the island. Conservation is one allowed use, as is single family residential development. Single family homes are allowed at a density dictated by CCME Policy 10.3.8., "Development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element." Such density would be one unit per five acres, or one unit per lot smaller than five acres. The parcels owned by the petitioner are currently zoned "A," or agricultural. This allows for agricultural uses (subject to the provisions in the CCME Goals, Objectives and Policies) and also for single family residential. By right, the petitioner could construct one home on each of these two lots. Such use would be compatible with the Growth Management Plan (GMP) and Land Development Code (LDC), subject to County approval and receipt of all applicable permits. E C'I-= I 'L` L D JUL 0 5 2006 I'i'eser "5'lli S'OIfl17TPC.1't 1-loriclas nalural cm•irvnment and yrrility of li/L..Irow andfimvlcr; Agenda Item No. 7A September 26, 2006 Page 113 of 225 The requested Conditional Use permit is for a private beach club facility. In order for the Planning Commission to recommend approval of such a permit, the LDC requires under Section 10.08.00.D.1. through 4. that consistency with the LDC and GAP is met and that the proposal be compatible with adjacent properties and land uses. These requirements must be satisfied in order to recommend approval of a Conditional Use. Consistency with the LDC and GMP According to the Collier County Growth Management Plan's Conservation and Coastal Management Element (CCME) Objective 10.3,, "Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced." While there are single family homes on Keewaydin, over 85% of the island is in public conservation ownership through Rookery Bay. Thus, this barrier island is maintained in a predominantly undeveloped state. As such, Policy 10.3.2. of the CCME states, "Any development activities on an undeveloped coastal barrier must be compatible with protection of the natural form and function of the coastal barrier system." The Conservancy believes that the use of Keewaydin for a private beach pavilion is inconsistent with the above CCME Objective 10.3. and Policy 10.3.2. Keewaydin Island is part of the Rookery Bay system and is managed for the protection of natural resources, including nesting loggerhead sea turtles and listed shorebirds. The current zoning allows for single - family homes on the island. While a home may create some impacts, a single family residence does not have 750 family memberships attached to it, as would the proposed beach club. A single family home would not need a septic system to accommodate a 56- person at any one time maximum, along with the need to provide additional capacity during an unlimited number of special events which will not be dictated by a 56- person limit. Such intensity of uses makes this project incompatible with the resource protection of Keewaydin, and with the CCME. In addition, this land has a Special Treatment (ST) Overlay, which is a designation given by the County for those lands that have vital and unique natural resources value. According to LDC Section 2.03,07.D. L, the ST Overlay allows special regulations of certain sensitive lands and, "Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of the County." The only people who would benefit from the issuance of a Condition Use permit on this site would be the few who are property owners, renters or short-term users having memberships to the private facility. This would provide no benefit to the people of Collier County as a whole. Thus, we believe the requested permit is also inconstant with the ST Overlay provisions. Effects on Neighborirtg,,Properties While the petitioner has created an elaborate Agreement with Rookery Bay for the management of noise, lighting and other impacts, the resources to constantly monitor and enforce such an agreement on the part of Rookery Bay seem uncertain. With the use of the facility for private parties, weddings and other events, it is unclear how constant monitoring will occur and how enforcement measures will lead to the immediate 2 Agenda Item No. 7A September 26, 2006 Page 114 of 225 resolution of any problems. While the Agreement gives Rookery Bay authorization to enforce, such enforcement will only work with staff on the ground constantly monitoring. In addition, as public lands, Rookery Bay belongs to all of us. Noise pollution, glare and other distractions that impact the public's enjoyment of this barrier island are incompatible with the conservation intent for which the island was purchased. Compatibility with Adjacent Properties The Conservancy has worked for over 42 years to acquire and protect the natural resources within Rookery Bay, including Keewaydin Island. To date, tens of millions of public dollars have been spent to acquire, manage and protect Keewaydin Island. The 1,200 acres owned by the State of Florida, including the lands to the north and south of the subject property, are part of our environmental heritage and must be protected for current and future generations. Since the Conservancy is not aware of any permitted beach club facilities currently on Keewaydin Island, the approval of this petition would set a precedent for future developments that will surely want to also enjoy their own private beach club. With the approval of one 2,925 square -foot beach club, the door with be opened for additional petitions and the standard will be set for allowance of future facilities. On a barrier island where single - family homes are the only allowed structures by right, and conservation is the primary land use, a beach club would be incompatible. Conditions for Approval of a CU According to the LDC Section 10.08.00.D. 1.-4., the following matters must be satisfied in order to recommend approval of a Conditional Use permit; 1. Consistency with this Code and growth management plan. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4. Compatibility with adjacent properties and other property in the district. The issuance of a Conditional Use permit is to allow an activity that would not be appropriate generally, unless the above stipulations are satisfied. The Conservancy believes that three of these items have not been satisfied. We ask that you recommend denial of the proposed Conditional Use permit based on: 1. Inconsistency with the CCME Objective 10.3 and Policy 10.3.2., along with LDC Section 2.03.07.D.1.-5 2. Potential negative effects on neighboring properties in relation to noise and other potential anthropogenic impacts, and; 3. Incompatibility with the adjacent properties and other properties in the district, which are used for conservation management and single family residential uses. 3 Agenda Item No. 7A September 26: 2006 Page 115 of 225 If you have any questions regarding the Conservancy's position on the Naples Bay Resort Beach Pavilion, please do not hesitate to contact me at (239) 403 -4210. Sincerel Af(dr w Xkwaine President and CEO a�- CC; Collier County Planning Commission Carolina Valera, Collier County Clay Brooker, for the applicant Gary Lytton, Rookery Bay M Agenda Item No. 7A September 26, 2006 Page 116 of 225 Jack and Joan Conroy 636 Fifteenth Avenue South Naples, FL 34102 Phone: (239) 261 -7405 Fax: (239) 261 -6813 e -mail: con roY.3(a),nd.edit July 15, 2006 Mr. Mark P. Strain Chairman Collier County Planning Commission c/o Ms. Carolina Valera 2800 N. Horseshoe Drive Naples, FL 34104 Dear Mark, Re: Conditional Use CU -AR -7181 North Bay Resort Beach Pavilion Our grandchildren are part - owners of a lot on Key Island; the location of our parcel is more than a mile south of the proposed Beach Pavilion. Hence, the facility will have no measurable impact on our particular parcel. Nevertheless, we have serious concerns about the proposed Conditional Use, as it introduces into a single- family neighborhood a thinly veiled commercial use under the guise of a Beach Pavilion that includes educational and passive recreational use. I have two points: One: I should first point out that among the many condominium units being sold at the Renaissance Village and Naples Bay Resort are sixty -five (65) hotel units; these will cater to short-term visitors, for whom a shuttle -ride to a deserted beach is an incredible benefit; hence, one would expect significant utilization from this source, all of whom will be enormously disconcerted if they are denied access because of existing numbers of guests using the pavilion. Thus, the "Enforcement" issue of having no more than 57 users on the property at any one time will become enormously difficult, if not impossible. Just as you would undoubtedly not permit a commercial use in Barefoot Beach, so the same principle ought to obtain within single - family uses on Key Island. This ecologically fragile barrier island has minimum impact from people at present, with homeowners visiting their lots rarely; to.introduce a commercial vector within this environment is improper. E C JUL 1 Agenda !tern No. 7A September 26, 2006 Page 117 o"225 Two: The vaunted agreement by the Developer with DEP is meaningless. First, the DEP representatives at Rookery Bay were required under the Declaration of Easements, Covenants and Restrictions (recorded on October 29, 1993, OR 1879, Pages 1979 -1980) put into place when the Mrs. Drakett and Mr. Ott sold the 2,400 acres to the State, to create a management plan for Key Island; this plan was exemplified in "Appendix 9, Site Management Strategies for Proposed North Key Island Acquisition," created at the time of the sale. I personally requested a copy of this plan from Mr. Gary Lytton, but was given only the overall Rookery Bay plan. There is no specific Key Island plan. Further, included in this Appendix was a requirement that " RBNERR law enforcement personnel will patrol beach sites by water and by ATV...to ensure compliance with RBNERR management objectives." To the best of my knowledge, there are no " RBNERR law enforcement personnel." Further, there is no evidence that RBNERR does patrol beach sites. The RBNERR assumed responsibilities that it does not have the ability to execute. If the property is rezoned, they would be responsible for enforcing a limit of 57 persons at one time on the Beach Pavilion property. If they have previously been unable or unwilling to respond to their legal obligations, what assurance do the people of Collier County have that they will undertake these new obligations. We urge you not to be seduced by the DEP agreement; the developer has done a masterful job at what must be an enormous legal expense to create a "trump card" with which to distract the attention from our local Environmental Advisory Committee's 9 -0 recommendation to deny the petition. The Committee's decision occurred in a hearing where a large number of local citizens with a local perspective offered their testimony and guidance. Do not permit a faceless bureaucracy headquartered in Tallahassee to over -rule the good judgment of fellow Collier Countians. Once the dike is breached, developers will compete t iId more and more commercial beach pavilions, in a lemming -like rush to bring Island to ecological- ext3pction. John - nroy, Jr. J D. Conroy R Agenda Itern fro. 7A September 26, 2006 Page 118 of 225 Y AC O LL I E R COUNT Y UDUBON S O C I E T Y 660 Ninth Street, North, Suite 32A Naples, FL 34102 239 -643 -7822 www.CollierAudubon.com QollierAudubon@earth1ink.net July 20, 2006 Mark Strain, Chair Collier County Planning Commission C/o Carolina Valera Collier County Community Development and Environmental Services 2800 North Horseshoe Drive Naples, FL 34104 RE: CU- 2005 -AR -7181 w Basil Street Partners, LLC The Beach Club — Keewaydin Island Dear Chairman Strain, After reviewing the conditions recently placed on the above referenced proposal, Collier County Audubon remains opposed to the construction of a private recreational facility on 4.32 acres located at 10111 and 10121 Keewaydin Island. Our reasons include the following: the environmental value of this last remaining relatively pristine coastal area north of Marco will be jeopardized if this project is approved the door will be opened to similar developments on the island any such development on the island is incompatible with the conservation goals and management of land abutting the proposed club such a development is inconsistent with the Collier County Growth Plan's Conservation and Coastal Management Element, Goal 10, Objective 10.3 and Policy 10.3.2 the safeguards associated with the proposal are not enforceable. The evidence for this assertion may be found at the southern tip of the island where lack of enforcement has led to the degradation of vital bird nesting areas and habitat. Thank you for consideration of these comments. Alan Keller �2 6 Septen Page 120 of 225 valera_c From: Chap9l4@aol.com Sent: Friday, July 14, 2006 3:22 PM To: vales c Subject: Attn: Mark Strain I understand that your board will be considering the Basil Street Partners proposal to construct a beach club on Keewaydin Island. While I understand that the proposal seeks to limit those who may be in the 2,950 sq, ft pavillion to 56 people at a time, I feel that the plan is unworkable and unenforcable and ignores the fact that the developers will be running a launch service which will be continuously bringing people to the island throught the day without limitation. I do not feel that this potential influx is in the best interests of maintaining this as a environmentally restricted barrier island and should be denied by your Board. Michael Gilberg 462 Glen Meadow Lane Naples FI 34105 7/19/2006 Agenda item No. 7A September 26, 2006 Page 121 of 225 valera c From: addesignsfl @earthlink.net Sent: Tuesday, July 18, 2006 1:36 PM To: valera_c Subject: Keewaydin Ms. Valera; Please veto further development on Keewaydin. T firmly believe that this would be devastating for the island and set a precedent for future development of the island. I also feel that this will lead to unnecessary tax dollars spent for enforcement, infrastructure and legal expenses. The island environment is extremely sensitive and we shoud not impact it more that we already have done. It is a sensitive shorebird and loggerhead turtle nesting area along with other animal's habitat. Thank you, C. A. Hoover, Naples Agenftprt, 6f5I7A September 26, 2006 Page 122 of 225 valera_c From: Marianna Foggin [mfoggin @arclp.com] Sent: Tuesday, July 18, 2006 9:11 AM To: valera c Subject: Keewayden I am strongly opposed to the development of Keewayden. My family has enjoyed Keewayden Island for many years on our weekend boating trips and countless hours in the summer. Please do not allow this island to be taken away from the boaters of Naples and Marco Island so a few wealthy people can have their way. It would just break our children's hearts if this were to happen (7 and 11 years of age). They love to build ecosystems as we throw our cast net out into the water and bring back so many different sea creatures. We never kill anything but we let the children study the nature before turning it back. If you would like to talk to me or my husband, please feel free to email or call us. Thank you for your time. Sam and Marianna Foggin 239 - 597 -9040 NOTICE: The information contained in this electronic mail message is either attorney privileged and /or confidential information intended only for the use of the individual or agent responsible to deliver it to the intended recipient; or, alternately, proprietary information (trade secret). You are hereby notified that any dissemination, distribution or copying of this communication or unauthorized use of the -- information herein contained, is strictly prohibited, If you have received this communication in error, please immediately delete it from your computer and notify the sender of your receipt of this message. 7/19/2006 Agenf�e b� 7A Septem er -6, 2006 Page 123 of 225 valera_c From: Douglas, Alison K. [adouglas @cl-law.com] Sent: Tuesday, July 18, 2006 7:49 AM To: valera c Subject: Keewaydin Please count me in as a concerned citizen who opposes the use of Keewaydin for a private beach club. Keewaydin is a beautiful resource and it is overburdened as it is with boaters and visitors. With all the beachfront that is available to everyone in Naples, why add additional stress to this protected area? It seems that Collier County continues to lose what is left of its green space. I hope this won't be one more decision in favor of "development" versus preservation. Alison K. Douglas Principal CUMMINGS & LOCKWOOD Lac 3001 Tamiami Trail North #400 Naples, FL 34103 239.649.3180 Phone 239.263,0703 Fax adouglas @cl -law,ccm. Email www,cl- law.com Website IRS CIRCULAR 230 DISCLOSURE: Although this written communication may address certain tax issues, it is not a reliance opinion as described in IRS Circular 230 and, therefore, it cannot be relied upon by itself to avoid any tax penalties. If you would like a reliance opinion letter, please contact us and we will discuss our procedures for preparing one. Thank you. CONFIDENTIALITY NOTICE: This email transmission (and /or the attachments accompanying it) may contain legally privileged and confidential information, and is intended only for the use of the individual or entity named above. If you are not the intende recipient, you are hereby notified that any dissemination, disclosure, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please promptly notify the sender by reply email and destroy the original message. 7/19/2006 Agenir �p17A Septem Pr 26, 2006 Page 124 of 225 valera_c From: DebbCel @aoi.com Sent: Tuesday, July 18, 2006 12:09 AM To: valera c Subject: Keewadyen Please be advised I am a native of Naples, I would hate to see another thing ruined for us. We have one thing left that has not been destroyed so why not leave this alone. For once leave the island to whom it belongs to all the long time natives and not the developers. It is bad enough they have taken every thing else. I am tired of all the building it never stops soon to be Miami. If we give in now what will we have left to remember. Please stop this mess before we are another Miami and future statistic. 7119/2006 AaenP11 rp ;17,A September 26, 2006 Page 125 of 225 vaiera_c From: Poohfox1 @aol.com Sent: Wednesday, July 19, 2006 8:14 AM To: valera c Subject: Please deny the petition to build on Keewayden Island Please pass this e-mail to everyone involved concerning Jack Antaramian wanting to build a private club on Keewayden Island. I have lived in Collier County since 1985 and I am so tired of seeing the county build on every piece of land we have left. Keewaydeen is a beautiful barrier Island that already is being over built with homes. This island is not that wide and the next huge storm could come in and wipe it out. What kind of tax dollars will we put in to help clean up the area. Also, please look into the insurance end of his request. I read that after the big storms of the past two years from other states, that homes on barrier islands can not get proper insurance and the rich don't care. We (tax payers) ended up pay for the removal of the torn down homes. Will we have to pay for extra marine patrol to watch the area? I was out to the island 3 weeks ago, and do you know that the island still has wildlife on it. We saw a deer on the shoreline. How much longer will we see this if out building committee continues to let people build. Please vote no on this project. Pam Rossetti 4240 3rd Ave NW Naples, FL 7/19/2006 Keewaydin Beach Club valera c From: Rossetti, Mike [mtrossetti @naplesnews.com] Sent: Tuesday, July 18, 2006 1:12 PM To: valera c Subject: Keewaydin Beach Club Dear Ms. Valera: Agenpao fi 6fol 7A September 26, 2006 Page 126 of 225 I'd like to express my opposition to the proposed beach club development on Keewaydin Island, The island is such a special place to those of us who have lived here for a while, have boats, and are able to experience it first hand, and development of any kind, even with the deal made with the state, is the first step toward loss of this special place and precious wildlife habitat. I'd like to urge you and the other planning commissioners to vote against this initiative. There is no reason that the residents of Mr. Antaramian's new development can't use one of the many fine public beaches available to the rest of us here in Collier County. Using our tax dollars that will need to be spent for enforcement of the policies, infrastructure and legal fees is a travesty and a complete waste. Please do your part to help preserve one of the few special Coastal places left. We've already lost most of them, but we have a chance to save this one. Thank you for your time. Mike Rossetti Director of Specialty Products Naples Daily News 1075 Central Ave. Naples, FL 34102 (239) 435 -3493 Fax: (239) 263 -4708 7/19/2006 Agenpa , E fil 7A September 26, 2006 Page 126 of 225 valera_c From: Brant & Elaine Wintersteen [ewintersteen2 @comcast.net] Sent: Monday, July 17, 2006 7:54 PM To: valera c Subject: Keewaydin Island To The Collier County Commissioners: Please add our names to those opposed to the proposed Keewaydin Island project of Jack Antaramian. We are appalled that this precious piece of land could even be considered for development. Respectfully submitted by: Elaine H. Wintersteen Edward B. Wintersteen 7/19/2006 Aaenda !tern No. 7A September 26, 2006 Page 129 of 225 valera_c From: Erin Snedeker [eksned @hotmail.com] Sent: Friday, July 14, 2006 4:36 PM To: valera_c Subject: Opposed to Keewaydin Beach Club Development Please oppose any commercial development on Keewaydin Island. Keewaydin is the last vestige of the old Naples we have left, a "protected" barrier island that you have a responsibility to protect. You also have the responsibility of hearing and representing your constituents voice. I don't know of a single Naples resident who is in favor of this development. This is not a benefit to the citizens of Collier County. It is for the benefit of the privileged few who can afford membership in this exclusive club and clearly have no regard for the fragile ecosystem of Keewaydin. Listen to the citizens of Collier County. We do not want this development to be approved. I look forward to hearing your stance on this important issue. Sincerely, Erin Snedeker Express yourself instantly with MSN Messenger? Download today - it's FREE? http : / /messenger.msn. click- url.com /go /onm00200471ave /direct /Ol/ 1 Keewaydin Island - Mark Strain, Chair Planning Commission valera_c From: Hill, Andy [Andy.Hi11 @53.com] Sent: Tuesday, July 18, 2006 2:11 PM To: valera c Subject: Keewaydin Island - Mark Strain, Chair Planning Commission Mr. Strain, a SgpteW 2bo 2b06 Page 130 of 225 As a Citizen of Collier County, I strongly suggest that your commission decline the application of Basil Street Partners (Jack Antaramian) to build a beach club. The proposed building is not consistent with other development of the island, which should be limited anyhow. Further, a 4000 sq. foot high traffic volume building has no place on a barrier island. The collateral damage to the surrounding ecosystem would be significant. Please call you have additional questions.... Regards, Andy Hill Andrew D.W. Hill, CFA, CPA Senior Portfolio Manager 239 -591 -6353 office 239 -572 -2691 wireless andy.hill @53 ,corn This e -mail transmission contains information that is confidential and may be privileged. It is intended only for the addressee(s) named above. If you receive this e-mail in error, please do not read, copy or disseminate it in any manner. If you are not the intended recipient, any disclosure, copying, distribution or use of the contents of this information is prohibited. Please reply to the message immediately by informing the sender that the message was misdirected. After replying, please erase it from your computer system. Your assistance in correcting this error is appreciated. 7/19/2006 A en '� 11�;- c"h' 7A 5eptem er - 2 06 Page 131 of 225 valera c From: kmp @auctionsn.com Sent: Tuesday, July 18, 2006 11;38 AM To: valera c Subject: Keewaydin Island To Mark Strain, Robert Vigliotti, Tor Kolflat, Brad Schiffer, Russell Tuff, Lindy Adelstein, Donna Caron, Paul Midney, and Bob Murray, Please do not support the petition that is being presented by the Basil Street Partners to build a private club for the residents and guests of their new developments. This proposed development will negatively affect the wonderfully natural environment of Keewaydin Island and will encourage future development. Needless to say, Naples does not "need" another exclusive club, especially not one that will be detrimental to this extremely important natural habitat. The 'Restrictions" that have been reportedly negotiated are negligible with enormous loopholes. The thought that a private club for parties would take precedence over keeping this natural paradise sickens me, The tax dollars and resources that will be necessary to enforce the behavior of a pampered few, could be put to much better use. Kathleen Pica 1100 1 st Avenue South Naples, FL 34012 239 - 262 -7333 7/19/2006 Agenda Item No. 7A September 26, 20016 Page 132 of 225 — valera c From: G & J Winchell [gjwinchell @hotmail.com] Sent: Monday, July 17, 2006 10:04 AM To: valera_c Subject: Please Strive to Keep Keewaydin Island Pristine Please Strive to Keep Keewaydin Island Pristine Dear Collier County Planning Commissioners: This matter concerns the permit request for a private beach club on Keewaydin Island. You likely know that Keewaydin Island is a wonderful destination for local boaters and recreationists (non - commercial). Let's keep it this way! Therefore, I adamantly request that in the near future you vote to deny the permit for a private beach club on Keewaydin Island. On February 1, our county Environmental Advisory Council voted 9 -0 to reject the beach club, which is proposed by a limited liability corporation managed by developer Jack Antaramian. Apparently the club is to be an amenity for the Naples Bay Resort, a collection of Antaramian projects at the former Boat Haven site, at the intersection of U.S. 41 and Sandpiper Street and at the former Grand Central Station. I read that you and the other Collier County commissioners have the final say on the beach club proposal. It seems this matter also goes before the county Planning Commission for review. Environmental groups and island homeowners and lot owners have objected to the plans, saying they threaten the island's ecosystem and would open the door to commercial development in one of the county's most isolated and natural places. I OBJECT TO THIS BEACH CLUB BEING PERMITTED. PLEASE VOTE NO! The club has proposed a 56- member limit on the number of people who could use the club on any given day. Access would be by boat shuttle to an existing dock or by rental or private boat to the beach and the club would be private for 750 members with the building would on 4 acres. The beach club would comprise a screened pavilion and deck totaling 2,925 square feet with restrooms, showers and a boardwalk. The outcome of this issue will set a crucial precendent. Please keep in mind that, on February 1, our own county Environmental Advisory Council voted 9 -0 to reject the beach club, You represent us; please listen to the the many (loud and quiet) voices of Collier County citizens who oppose this permit. Take an unwavering stance on our behalf, and with steadfast resolve stand up and be strong! Commissioner, you can make a difference! PLEASE VOTE NO and deny the permit for a private beach club on Keewaydin island at this time. Thank you for your time and consideration. Sincerely, Jeanette Winchell Collier County, District Three 1 Agents T 7A Septemr c, 206 Page 133 of 225 valera_c From: Kerry Geroy [kmgeroy @comcast,net] Sent: Monday, July 17, 2006 1:56 PM To: valera_c; SchifferBrad; ReedCaronDonna; 'Lindy Adelstein'; Strain Mark; 'Paul Midney'; MurrayRobert; VigliottiRobert; TuffRussell; 'Tor Kolflat' Cc: fiaia_d; HalasFrank; CoyleFred; ColettaJim; henning_t Subject: Keewaydin Petition: CU- 2005 -AR -7181 Dear Collier County Planning Commissioners: This letter is to voice my adamant OPPOSITION to the above referenced petition which is on your meeting agenda for Thursday, July 20, 2006. I OBJECT TO THIS BEACH CLUB BEING PERMITTED, PLEASE VOTE NOI Allowing a private club to construct a 2,925 square foot facility with a 5 year expansion plan of up to 4,500 would be devastating to the pristine, environmentally sensitive barrier island. Please vote to leave Keewaydin alone. Approval of this petition would only set a precedent for more development, bigger projects and more expense to the infrastructure and to the countyl Although the State of Florida has approved Basil Street Partners amended plan, please keep in mind that, on February 1, our own county Environmental Advisory Council voted 9 -0 to reject the beach club. The amendment to the original plan was only done because Basil Street knew they it had too much opposition. The plan approved by the state is unenforceable and will lead to ongoing negative ramifications and issues that will be the devastation of a beautiful island. The amended plan is a way to get original plan passed by using small steps. I, along with others, do not see a single benefit to this County gained by the approval of this petition. Please vote against this petition and take a stand to protect what little we have left. This project will set a dangerous precedent! Thank you for your vote of "NO "! " Geroy Naples, Florida 7/19/2006 Agen a ite Np 7A Sept'r l' '(P A06 Page 134 of 225 valera_c From: Jim Doane [JimD @weishfl.com] Sent: Friday, July 14, 2006 3:12 PM To: valera c Subject: Keewaydin Island Proposal - Opposed By the way, I would suppose that the County will have no grounds to restrict future property owners on Keewaydin, from doing the very same thing if Antaramlan is approved ......... just a thought. James E. Doane Jr. Welsh Companies FL, Inc. Vice - President of Brokerage & Leasing 2400 Ninth St. North, Suite 101 Naples, FL 34103 (239) 261 -4744 (office) (239) 263 -4142 {FAX) 7/19/2006 Agen n 7A Septemtr�r 2n, bO6 Page 135 of 225 valera_c From: Karin Kolling [ communitycenter @pelicanbay.org] Sent: Tuesday, July 18, 2006 12:19 PM To: valera c Subject: Keewaydin Island Dear Ms. Valera, I am writing to you in effort to extend the concern for Keewaydin Island. As a native to Naples, I have seen almost all of the green space I knew growing up here disappear into residential communities, shopping malls, and hospitals. I understand that with population increases there too must be commercial growth, and I'm all for it. I'm as excited as the next person to find out what's opening in a new shopping center. However, talk of developing Keewaydin Island scares me. This is the place that most of the local marine community appreciate and hold dear, A place unlike any in Naples, where the public always has an invite. If this island were to be developed in any way, it would affect Gordon Pass, the surrounding inlet, and of course the outcry of public woes will be endless. A sore subject with any coastal community is beach access. What will happen with Keewaydin beach access? I read that there will be some kind of "cap ", allowing only a number of people to occupy the area at any one time, and that even this rule will be impossible to really enforce. Does this make any sense? How will developing this particular area benefit the community and the people of Naples? Karin Kolling Activities Coordinator and Community Center Manager 8960 Hammock Oak Drive Naples, Florida 34108 Tel: 239.597.8877 ext. 102 Fax: 239.596.3187 7/19/2006 eAen pt Iter�6 p 7A S ,t2b06 Page 13226 of 225 valera_c From: Linda [Isteffey @hideawayb each club. org] on behalf of lindagulfshorefitness@comcast .net Sent: Tuesday, July 18, 2006 10:56 AM To: valera c Subject: Key Island Please count my negative vote toward any more human interference in that beautiful stretch of beach between Naples and Marco, I am a Marco resident and value such a lovely natural part of our community. Thank you. Linda Steffey 7/19/2006 Keeywadin valera_c From: BISSON, BETH [SM128404 @allstate.coml Sent: Tuesday, July 18, 2006 9:23 AM To: valera c Subject: Keeywadin Agen02�lt Tb� 'b7A Septem er 26, 2 06 Page i 57 of 225 Please take this email as my request to the planning commission to deny the proposed project on this beautiful parcel of land. I am writing this from Michigan, but I am a full time resident of Collier County. My name is John Brooks and my address is:770 Regency Reserve Circle #1804 Naples, F134119 Phone 239 - 352 -3502 Cell 239- 398 -5314. Thank you for being sensitive to the needs of all, as well as protecting our environment. My email address in Florida is JohnCBrooks @allstate.com John Brooks The Company reserves the right to review all e-mail. Your sending of e-mail is consent for the Company to review the content of your e-mail. Communicating via e -mail does not constitute an offer of coverage. Eligibility requirements and coverages can vary by state. Allstate coverages are subject to the policy terms, conditions, and exclusions detailed in the insurance contract issued at purchase. Quotations on insurance are provided as estimates and are not an insurance contract. 7/19/2006 Agenda Item No. 7A September 26, 2006 Page 138 of 225 --°- valera c From: ann smith [amagoo007 @comcast.net] Sent: Tuesday, July 18, 2006 12:13 PM To: valera c To whom it may concern: We are appalled that our commissioners would even consider the destruction of Keewaydin island by allowing developers like Jack Antarmian to proceed with plans that would ruin one of the last pristine islands we have left in Naples, maybe even in Florida. Where is the backbone needed to send a message to greedy developers that they cannot continue this relentless assault on what was once a wonderful place to live? They are creating another Ft. Lauderdale! [We came to Naples to .avoid places like Et. Lauderdale!] They have been allowed to create developements not only, with too much density but, without proper infrastructure to handle them so... we all suffer the idiotic traffic jams resulting! They have destroyed habitat necessary for our wildlife. Now they want to add Keewaydin Island to their list as well! What kind of infrastructure will he needed if Antarmian is successful? Who will pay for it? Taxpayers are sick of being made the fallguys!!! Where will the turtles go to nest? Where will all the other wildlife go? Where can taxpayers like ourselves go to see and enjoy a pristine spot of land like this one ...not ruined by developers? Just where is.the real necessity for this? The only people who gain from this proposed developement are the developers!!!! $$$$$$$ !!!!! We are saddened that it is even necessary to write a letter like this, Sincerely, Ben S. Smith Ann P. Smith David P Smith Robert M. Smith Agenda Item No 7A Septe_i = t��2?f2bo6 Page 139 of 225 valera_c From: Ken Wilborn [wilbornken @yahoo.com] Sent, Monday, July 17, 2006 4;11 PM To: valera_c Subject: opposition to Private Club Keewaydin Carolina Valera, Principal Planner Please relay our email to the commission that will hear this petition on Thursday of this week, and register our pp osp ition to Basil Partners building a private club on the Keewaydin (Key ) Island. We don't need another private club or any other structure on one of the few remaining pristine beaches. Please, don't approve this petition. Mark Strain, Chair Robert Vigiiotti Tor Kolflat Brad Schiffer Russell Tuff Lindy Adelstein Donna Caron Paul Midney Bob Murray Kenneth A. Wilborn Patricia A. Wilborn 3247 German Woods Court Naples, FL 34116 Do you Yahoo!? Everyone is raving about the all-new Yahoo! Mail Beta. '1/1 ar ')nn(, Agen a Ite Np 7A 5epter ES? 206 Page 140 of 225 valera_c From: Jejo1030 @aol.com Sent: Friday, July 14, 2006 5;03 PM To: valera c Subject: Regarding Keewaadin To Whom It May Concern: It concerns me that there are plans for a structure on Keeywadin. This should be preserved as a natural sight and protected from becoming another heavily traversed tourist attraction. Please vote against any development there. Jasson Ospina Naples Resident 7/1 0/100A Agen ,�.��.n� 7A Septem r 2n, 06 Page 141 of 225 valera_c From: Bray, Christopher [ Christopher .Bray @nationalcity.com] Sent: Monday, July 17, 2006 4:30 PM To: valera c Subject: Keywaydin Island Vote Please register my opposition to this plan Thanks Christopher P. Bray From: Geroy, Kerry Sent: Monday, July 17, 2006 3;49 PM To: Blake Gable (bgable @barroncollier.com); Blake Owen (blakeO@premlermail.net); Bob Carney (icarney5 1 @earthlink. net); Bob Feerick ( rfeerick @horizonpartnersltd,com); Bob Lee (Bob (citymanager @naplesgov.com); Bob Matheson (bob @mathesonfinancial.com); Bob Murray (bo bsails@ earth I ink. net); Bobby Sullivan (rjs3 @mindspring.com); Cathy McAvoy (cathytheiawyer @aol.com); Bray, Christopher; Craig Jones (cjones @johnrwood.com); David Dorle ( ddorle @dorlecommunications.com); Deborah Russell (drussell @cl -law .com); Ellen Vanderburg (evanderburg @swfla.rr.com); Elvie Engle (eengle @kingschoice.com); Eric Williams (williaer @collier.k12.fl.us); George Drobinski (drob!nski @na pies. net); Jason Korn (jkorn @cohenlaw.com); Jim DeLony (JimDeLony @colliergov.net); Joe Waite owaite @platinumdrycieaners.com); John Brooks (johncbrooks @allstate.com); John Kalafarski (jiswamprat @earthlink.net); Katie Paschall (kpaschall @edI son. edu); Ken Wilborn ( kwilborn @ neigh borhoodhealthciinic.org); Mark Gonzalez (mark.a.gonzalez @jpmorgan.com); Michael Poff (mpoff@cecifl.com); Michele Smith (creative @Irmsite.com); Mike Maxwell (mikemaxwell @wilsonmilier.com); Mike Reynolds (mreyno Ids@ g ibraltarprivate. com); Mireille Zappulla ( mire !lle.zappulla @wachovia.com); Pat Case (pcase @casebenefits.com); Petillo Jones (pennyforyourtears @yahoo.com); Rachelle Dover (rdover@cornerstone- swfl.com); Shelley Corbin (shelly.corbin @amsouth.com); Steve Kissinger (MortgageArchSWFL @aol.com); Steve Kissinger (Skissinger @wamcorates.com); Suzanne Willis (suzanne @napleschamber.org); Tammle Nemecek (tnemecek @enapiesfiorida.com); Thomas S. Davis (yrd @coiliersheriff.Org) Subject: Important Issue on the agenda Hello to all Classmates! I am sending this email in order to "rally the troops ". The future of beautiful Keewaydin Island (aka Key Island for you long- timers) is in jeopardy!I If you haven't read it in the paper, there is a petition going before the Collier County Planning Commission this Thursday (7120). The petition is for Basil Street Partners (Jack Antaramian) to build a private club for the residents I "members" of his new developments. I firmly believe that this would be devastating for the island and set a precedent for future development of the island. 1 also feel that this will lead to unnecessary tax dollars spent for enforcement, infrastructure and legal expenses. This is opening a can of worms that we will never be able to close. The island environment is extremely sensitive and it is incomprehensible why we would want to impact it more that we already have done. We do not need to put structures on every square inch of shoreline in Florida. This is the call for help!I Please let the planning commissioners know your stand on the issue! PLEASE email your opposition to this terrible plan! Contact the planning commissioners as soon as possible. They are; Mark Strain, Chair Robert Vig!iotti 7/19!2006 Agen E : �. 7A Septem r On Page 142 of 225 Tor Kolflat Brad Schiffer Russell Tuff Lindy Adelstein Donna Caron Paul Midney Bob Murray contact th ®m ASAP via Carolina Valera, Principal Planner @ carolinaY Ikr a colliergov.nef Setting this precedent with ruin Keewaydinil Deal or no deal with the state ... It is a BAD idea! For more information, you can read the article at the link below, httpa /www,napiesnews.com /news /2D06 /jull15 /state blesses_ barrier island beach club/ The time to get involved is now! Be sure to get your friends, spouses, colleagues and other LC classes to oppose this projectll If you haven't been to Keewaydin to see what pristine paradise exists, let me know and I'll take you there! It is worth seeing and then leaving it as is. A rugged stretch of shoreline... Thank you In advance for you quick help!] ---------------------------------------------------------- •-------------- ------- - - - - -- ** *National City made the following annotations ------------------------------------------------------------------------------- - --- -- This communication is a confidential and proprietary business communication. It is intended solely for the use of the designated recipient(s). If this communication is received in error, please contact the sender and delete this communication. 7/19/2006 � t J ,4 ,eT Page 143 of 225 valera_c From: ginnylee @americasbestagents.com Sent: Monday, July 17, 2406 5:45 PM To: valera c Cc: Geroy,Kerry Subject: Special call to actioni —I appose! I Think this would hurt Key Wayden Island and I oppose The petition for Basil Street Partners (Jack Antaramian) to build a private club for the residents / "members" of his new developments. I firmly believe that this would be devastating. for the island and set a precedent for future development of the island. I also feel that this will lead to unnecessary tax dollars spent for enforcement, infrastructure and legal expenses. This is opening a can of worms that we will never be able to close. Keewaydin is a barrier island located south of Gordon's Pass. It is owned primarily by the State of Florida and a few individual land owners. There is no electricity, cars, road, water /sewage, The island environment is extremely sensitive and it is incomprehensible why we would want to impact it more that we already have done. It is a sensitive shorebird and laggerhead turtle nesting area along with other animal's habitat. We do not need to put structures on every square inch of shoreline in Florida. Have your best day ever, Ginny Lee, CRS, PA, CRES, ABA Broker /Owner America's Best Real Estate Centers,Inc. America's Best Agents For SW Florida ,Arww. americasbestagents, com Search for property in SW Florida at www.Ifloridahome.com Or Call me at 800 -683 -9997 in Naples at 591 -3225 7/19/2006 Sept Page 144 of 225 valera_c From: Olea [oleadefore @comcast.net] Sent: Monday, July 17, 2006 8:59 PM To: valera c Please tell the planning commissioners to vote NO to the private club plan requested by Jack Anteranian and save Keewaydin Island as it is nowll!! Sincerely, Olea DeFore, RN, AFP, 7n Q/7nns Agenda Iter�EPU� 6 Septe Page 146 of 225 valera c From: JSGERAGHTYART@aol.com Sent: Wednesday, July 19, 2006 9:32 AM To: valera c Subject: future of Keewaydin island, please read Planning commission, The development issues in Collier County are overwhelming. When concerned citizens who work full time can find the time to protest or voice their concerns they do it, but for the most part they rely on rational thinking on the county's part to decide what is best for the people of Collier County. I have not agreed with all of the county's approval of certain projects involving development too close to estuaries but this issue of the private beach club on keewaydin is too important. If you open the door for this project there will be more to follow, you know this is true based on the history of this county and its project approval record, Wildlife is making an amazing come back on the island. My husband and I have been going to Keewaydin for 16 years, it is our oasis. We love it, we respect it we even bring extra garbage bags and clean up debris while we are there and we are not the only boaters who do this. Why can't this island just be left alone? Why must we develop everything? If the people who move into the project on Goodlette want to go to Keewaydin than they can go there by boat on their own, or charter. We should not have to give up our last sanctuary so that a developer has an extra incentive to offer potential buyers of his condominiums. I am asking you, actually I am begging you not to approve this project, Jessica Smith - Geraghty 2424 Harbor Road Naples, FL 34104 7/19/606 Agent� It Pyy',,�� 7A Septerf �" C 6 Page 147 of 225 valera c From- lousjo @comcast.net Sent: Wednesday, July 19, 2006 9:14 AM To: valera c Subject: Keewaydin island Petition cc: Mark Strain, Chair Robert Vigliotti Tor Kolflat Brad Schiffer Russell Tuff Lindy Adelstein Donna Caron Paul Midney Bob Murray I appeal to the members of the Collier County Planning Commission to d1_ the Basil Street Partners petition to build a private club on Keewaydin Island. The approval of this petition will undoubtedly lead to future encroachment of this sensitive area. Also, the cost of enforcement, infrastructure and other unknown expenses to the tax payer cannot be justified. PLEASE DO NOT APPROVE THIS PETITION. Joanne K. Smith Registered Voter and resident of Collier County since 1988 7/19/2006 R.genaa'� Itemr� Rl 7A Septeril✓216Pk(l06 Page 148 of 225 valera_c From: Karen [lovepeacenjoy4us @earthlink.net] Sent: Wednesday, July 19, 2006 12:16 PM To: valera c Subject: Further development of Key Island I oppose the petition for Basil Street Partners (Jack Antaramian) to build a private club for the residents of his new developments. I firmly believe that this would be devastating for the island and set a precedent for future development of the island. I also feel that this will lead to unnecessary tax dollars spent for enforcement, infrastructure and legal expenses. Thank you, Karen Meyerhoeffer 7/19/9-006 MOA between DEP and Antaramian valera_c From: murray_s Sent: Wednesday, July 19, 2006 3:23 PM To: valera c Subject: FW: MOA between DEP and Antaramian FYI From: Digital Consulting [ mailto: dig italconsultingnapies @comcast.net] Sent: Wednesday, July 19, 2006 2:57 PM To: murray_s Subject: MOA between DEP and Antaramian Septe06 Page 1,49 of 225 it is my understanding there will be a meeting on the land use out on Keywaydin island tomorrow Thursday the 201h. I would first like to say _AOSOLOUTLY DO_NOT APPROVE THIS USE _I I WOULD ALSO LIKE TO ADD HOW DISSAPOINTED I AM BY THE LACK OF NOTICE TO THE PUBLIC. See you at the meeting along with 1,000 of my closest friends that have been born and raised here. Sincerely Chris Day 7/19/2006 Agenda Item No. 7A September 26, 2006 Page .150 of 225 1 NAPLES BAY RESORT BEACH PAVILION SEC 14, TWP 51S, RNG 25E COLLIER. COUNTY, FLORIDA ENVIRONMENTAL IMPACT STATEMENT DECEMBER 2004 Prepared By: TURRELL AND ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B ll NAPLES, FL 34104 J CU- 2005 -AR -7181 PROJECT 92004070018 DATE: 2 /22/05 ROBIN MEYER Agenda Item No. 7A September 26, 2006 Naples Bay Resort BRa aJ- 16A 225 Section 14, Township 51S, Range 25E Environmental impact Statement December 2004 3.8.5.1. APPLICANT INFORMATION. A. Responsible person who wrote the EIS and his/her education and job related environmental experience. Christian Spilker BS - Marine .biology and Fisheries, Texas A&M University MS — Environmental Science, University of Houston 10 years environmental field experience B. Owner(s) /agent(s) name, address, phone number & e-mail address. Owner: Basil Street Partners 365 Fifth Avenue South, Suite 201 Naples, FL 34102 Agent: Christian Spilker Turrell & Associates, Inc. 3584 Exchange Ave. Suite B Naples, FL 34104 Phone: 239 - 643 -0166 e-mail: thall@turrell- associates. com 3.8.5.2. MAPPING AND SUPPORT GRAPHICS. A. General location map. See attached location map. (Sheet 1) B. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet'when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on -site shall be included on the aerial. Please see the enclosed aerial photograph. (Sheet 2) J Agenda Item No. 7A September 26, 2006 Naples Bay Resort Bd%;6Y(pg &f 225 Section 14, Township 519, Range 25B Environmental Enpact Statement December 2004 C. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. Please reference the enclosed FLUCFCS map with existing topographic information (Sheet 3). D. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. The Collier County Soil Survey shows that the entire site is soil #42 -- Canaveral Beaches Association, a non- hydric soil. Please seethe enclosed soils map and description derived from the USDA Soil Survey of Collier County, 1998. (Sheet 5) E. Proposed drainage plan indicating basic flow patterns, outfall and off -site drainage. All drainage and stormwater treatment will percolate dorm through the soil. The roof of the building will be the only impervious surface. The water from the roof of the facility will be collected and stored in underground cisterns. F. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. The conceptual buildingfootprint has been overlain on the FLUCFCS map and is provided with this submittal for review. (Sheet 4) G. Site plan showing preserves on -site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. The development footprint has been provided on an aerial at a scale that also shows adjacent lands. All native vegetation not within the building footprint will be retained. Any vegetation affected by construction activities outside the building footprint will be restored upon construction completion. H. For properties in the RLSA or RFMU Districts, a site plan showing the location of the site, and land use designations and overlays- as identified in the Growth Management flan. 2 �1 Agenda Item No. 7A September 26. 2006 Naples Bay Resort Beac ?avuiian 225 Section 14, Township 51 S, Range 25E Environmental Impact Statement December'2004 Not applicable. 3.8.5.3. PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION. A. Provide an overall description of the project with respect to environmental and water management issues. The "project is passive recreation structures with no impervious impacts other than the roof areas. The facility vWl include an elevated, screened and covered pavilion, screened deck and restrooms with showers. Chairs and umbrellas will be available far member use on the beacTz Roof water from the facility will be collected and stored in on -site cisterns. Minimal impacts to vegetation will occur, and all impacted areas outside of the development footprint will be replanted. Gopher tortoises will be protected and if necessary, they will be relocated on -site. B. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth r Management flan, where applicable. 1 The proposed project is consistent with the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan. Applicable Objectives are listed below, with appropriate responses given. Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run- off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made, to enhance the timing, quantity and quality of fresh water to the estuarine system, Non - structural methods such as discharge and storage in wetlands are encouraged. The project will meet all State, Federal, and local water duality standards. There is no site stormwater system to degrade receiving waters, as the hydrology will not be altered and roof runoff will be cisterned. No chemical spraying will occur in aquatic areas. OBJECTIVE 4.2: The County will promote conservation of its water supply and by April 1, 1998, develop a comprehensive conservation strategy, which will identify specific goals for reducing per capita potable water consumption. Agenda Item No, 7A September 26, 2006 Naples Bay Resort BFad(P&ii&q 225 Section 14, Township 5IS, Range 25E Environmental Impact Statement December 2004 Roof runoff will be cisterned for on -site usage. OBJECTIVE 6.1 The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to matte this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. See 'below. Policy 6.1.4 Prohibited invasive exotic vegetation shall be removed from all new developments. (1) Applicants for development permits shall submit and implement plans for invasive exotic plant removal and long -term control. (2) Maintenance plans shall describe specific techniques to prevent re- invasion by prohibited exotic vegetation of the site in perpetuity. (3) The County shall maintain a Iist of prohibited invasive exotic vegetation in the Land Development Code and update it as necessary. Some exotic removal has already been conducted. The remainder of exotics will also be removed from the site. Policy 6.1.7 The County shall require native vegetation to be incorporated into landscape designs in Order to promote the preservation of native plant communities and to encourage water conservation. This shall be accomplished by: (1) Providing incentives for retaining existing native vegetation in landscaped areas; (2) Establishing minimum native vegetation requirements for new landscaping; and, (3) Wet detention ponds within the Urban Designated area shall have a littoral shelf with an area equal to 2.5% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. Wet detention ponds within the Rural Fringe Mixed Use District, shall have a littoral shelf with an area equal to 30% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. (4) Stormwater management systems within the Rural Lands Stewardship Area (RLSA) Overlay shall be designed pursuant to the RLSA policies found in the Future Land Use Element. Aaenda Item No. 7A September 26, 2666 Naples Bay Resort Beaa�i_'avwon225 Section 14, Township 51 S, Range 25E Environmental Impact Statement December 2664 J Native vegetation will be preserved (en excess of the amounts required in the GMP) and /or restored outside of the development construction area. Any plantings on -site will utilize native plants. Policy 6.1.8 An Environmental Impact Statement (EIS) is required, to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. This EIS is submitted for this requirement. OBJEC'T'IVE 6.2: The County shall protect and conserve wetlands and the natural functions of wetlands. The following policies provide criteria to make this objective measurable. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. Wetland function will not be affected as no wetland impacts are proposed. OBJECTIVE 6.3 The County shall protect and conserve submerged marine habitats. The project does not propose impacts to submerged marine habitat. OBJECTIVE 6.4 The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. The project is adjacent to State of Federal lands to the north and south and adjoins State and Federal waters to the east and west. The project will not impact the mangrove community on the eastern side of the property beyond maintenance mangrove trimming to maintain the existing walkway /boardwalk and a conservation easement shall be placed on that "mangrove community ". The project will temporarily impact the dune area adjacent to the Gulf of Mexico in order to transport construction materials and equipment onto the site. However, these impact areas will be fully restored once the construction is completed. All native areas Agenda Item too. 7A September 26, 2006 Naples Buy Resort 13gaepat li 225 Section 14, Township 515, Range 25E Environmental Impact Statement December 2004 i outside of the development area will be retained and maintained on the property. OBJECTIVE 7.1 The County shall direct incompatible land uses away from listed animal species and their habitats. These policies shall apply to all of Collier County except for the Eastern Lands Study Area, for which policies are required to be adopted by November 1, 2002. The project will obtain the necessary permits for relocation of Gopher tortoises if any burrows are determined to be in the area of construction. A gopher tortoise management plan has been created (Exhibit 2). The main facility is located away from the area of main concentration of Gopher tortoise burrows (Coastal Scrub). No construction will occur in beach areas, however, materials will be delivered from the beach side. Construction will occur outside of sea turtle nesting season. Any dune area disturbed during construction will be restored once construction is completed. The project will not add adverse coastal lighting in regard to sea turtles. Lightingfor the project will be low -level and directional so as to minimize potential disorientation ofsea turtle hatchlings. OBJECTIVE 7.2 Historical data from 1990 -1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.1 through 7.2.3, the County's objective is to minimize the number of manatee deaths due to boat related incidents. The facility is not a marina and does, not propose any dredging, docks, or other potential impacts to submerged resources. Boat traffic will not increase, as a shuttle boat from Naples will be the method access for patrons via the existing dock OBJECTIVE 7.3 Historical data from 1996 -1999 shows that the average number of sea turtle disorientations is 5% of total nests. Through the following policies, the County's objective is to minimize the number of sea turtle disorientations. The project will not add adverse coastal lighting in regard to sea turtles. Lighting for the project will be low -level and directional so as to minimize potential disorientation of sea turtle hatchlings. Construction will occur outside of sea turtle nesting season. No construction will occur in beach ,I A gena item No. 7P September 26, 2006 Naples Bay Resort $�''t6Pa�li�'n 225 Section 14, Township 51 S, Range 258, Environmental Impact Statement December 2004 i areas, however, materials will be delivered from the beach side, -[ny dune area disturbed during construction will be restored once construction is completed. Site contractors will be made aware of County educational materials regarding sea turtles. The owner of the site will comply with county requests to inspect lighting conditions during nesting season. OBJECTIVE 8.1: All activities in the County shall comply with all applicable federal and State air quality standards. The project will not contribute to air pollution. Policy 10.1.3 Priorities for water - related uses shall be: a. Recreational facilities b. Marine supply /repair facility e. Residential development The proposed project is a recreational facility. 1 OBJECTIVE 10.2: / 'The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition. The project will not preclude public beach access. OBJECTIVE 10.3: Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be, protected, maintained and enhanced. The facility is proposed in a location that does not impact dune habitat. Any areas of dune habitat disturbed during construction material delivery will be restored upon completion of construction. Policy 10.3.5 Native or other County approved vegetation shall be required as the stabilizing medium in any coastal barrier vegetation or restoration program. Native or other County vegetation shall be utilized in any supplemental planting or restoration of the dune area Agenda Item Igo_ 7A September 26, 2006 Naples Bay Resort 225 Section Id, Township 51 S, Range 25E Environmental Impact Statement December 2004 Policy 10.3:5 Prohibit construction of structures seaward of -the Coastal Construction Control Line on undeveloped coastal barriers. Exception shall be for passive recreational structures access crossovers, and where enforcement would not. allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. The only structure contemplated is a passive recreational structure with associated beach access crossover. Only the walkover passes seaward of the Coastal Construction Control Line. Policy 10.3.9 Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. To the maximum extent possible native vegetation will be preserved. Any vegetation that is lost during the construction of the passive recreational structure or beach access crossover shall be replaced by supplementing, the compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation as appropriate. OBJECTIVE 10.5: For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards, which will minimize the impact of manmade structures on the beach and dune systems. See below. Policy 10.5.1: Recreation that is compatible with the natural functions of beaches and dunes is the highest and best land use. The purpose of the facility is for recreational and aesthetic enjoyment of existing resources (the beach system). Agenda Item No. 7A September 2qq6, 2006 Naples Bay Resort Beae PPavi ion 225 Section 14, Township 51 S, Range 25E Environmental Impact Statement December 2004 ? Policy 10.5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Any areas of dune habitat disturbed during construction material delivery will be restored upon completion of construction. Policy 10.5.4: Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. The only structure contemplated is a passive recreational structure with associated beach access crossover. Only the walkover passes seaward of the Coastal Construction Control Line. Policy 10.5.5: Prohibit motorize vehicles on the beaches and dunes except for emergency and maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. No vehicles will operate on the beach. Policy 10.5.6: Regulate activities so that they will not threaten the stability of the dunes or the beach itself. Any areas of dune habitat disturbed during construction material delivery will be restored upon completion of construction. The existing path over the dune will be removed and that area will be restored. A boardwalk will be constructed over the dune for beach access with educational signage explaining the importance of dune habitat. Policy 10.5.8: Prohibit shoreline armoring processes and encourage non - structural methods for stabilizing beaches and dunes. No armoring is proposed. Agenda Item No. 7A September 26, 2006 Naples Bay Resort Ekagopjpniofi 225 Section 14, Township 51 S, Range 25E Environmental I[npact Statement December 2004 Policy 10.5.9: Prohibit construction seaward of the Coastal Construction Control Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. in cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore arnibring allowed except in cases of public safety. The facility is intended far public access. Policy 10.5.10: Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. Any areas of dune habitat disturbed during construction material delivery will be restored upon completion of construction. Native dune plantings will be utilized. Policy 10.5.12: For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate. Any areas of dune habitat disturbed during construction material delivery will be restored upon completion of construction. Native dune plantings will be utilized. OBJECTIVE 10.6: The County shall conserve the habitats, species, natural shoreline and dune systems contained within the County's coastal zone. No permanent alteration to beach/dune areas is proposed. Construction materials will arrive from the beach side of the island. Any dune area disturbed during construction will be restored once construction is completed. Dune vegetation will be retained OBJECTIVE 11.1: To protect historic and archaeological resources in Collier County. According the Florida .Master Site File, no known historic or } archaeological resources are present on or near the site. 10 Agenda Item No. 7A Sectember 25, 2005 Naples Bay Resort Beach Pat l�i of 22 Section 14, Township 51S, Range 25.E Environmental Impact Statement December 2004 3.8.5.4. NATIVE VEGETATION PRESERVATION. A. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on -site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Jurisdictional on -site wetlands (approximately 2.23 acres within the property boundary) consist of mangrove forest in the eastern portion of the property. Please seethe attached FLUCFCS map (Sheet 2) for the relative size and location of this wetland area. Additional mangroves are Iodated contiguous to these to the north and south. The following list is a brief summary of the major flora within the wetland plant community. Common Name Scientific Name Stratum Abundance 612 - Mangrove Forest, 2.23 acres (52% of site) Uniola paniculata Red Mangrove Rhyzophora mangle C Common Black Mangrove Avicennia germinans C Common White Mangrove Laguncularia racemosa C Occasional Brazilian Pepper Schinus terebinthifolius M Rare Sea Oxeye Daisy Borrichia frutescens G Rare C � Canopy M = Midstory G = Groundcover V = Vine E = Epiphyte * - Protected species The upland vegetative communities include coastal scrub (0.72 acres), cabbage palm hammock (0.86 acres), and beach dune (0.51 acres). The following list is a brief summary of the major flora within each upland plant community. Please see the attached FLUCFCS Map (Sheet 2) for relative size and location of the areas. Common Name Scientific Name Stratum Abundance 110 — Beach dune, 0.51 acres (12% of site) Sea Oats Uniola paniculata G Common Sand Spurs Cenchrus spp. G Common Grey Knickerbean Caesalpinia bonduc M Occasional Railroad Vine Ipornoea pes- caprae G Rare Sea Grape Coccoloba uvifera M Occasional 11 Agenda Item No. 7A September 26, 20106 Naples Bay Resort Bea8v�a�&�l 225 Section 14, Township 51 S, Range 25E Environmental Impact Statement December 2004 322 — Coastal Scrub; 0.72 acres (17 % of site Coin Vine Dalbergia ecastophyllum M Occasional Tomatillo Physalis spp. G Occasional Dog fennel Eupatoriurn capillifolium G Occasional Beggar tick Bidens spp. G Rare Railroad Vine Ipomoea pes- caprae G Rare Periwinkle Vinca spp. G Occasional 428 = Cabbayee Palm Hammock, 0.86 acres (20% of site) Cabbage Pahn Sabal palmetto C Dominant Seagrape Coccoloba uvifera C Common White Indigo Berry Randia aculeata G Occasional Coin Vine Dalbergia ecastophyllum M Occasional Myrsine Myrsine guianensis M Occasional Buckthorn Bumelia spp. M Occasional St. Augustine Grass Stenotaphrum secundatum G Dominant Wild Coffee Psychotria spp. G Common Stopper Eugenia spp. M Occasional Grey Knickerbean Caesalpinia bonduc M Occasional Strangler Fig Ficus aurea C Rare Brazilian Pepper Schinus terebinthifolius M Rare C = Canopy M = Midstory G = Groundcover V = Vine E = Epiphyte * - Protected species B, Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code. Provide an exhibit illustrating such Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. The proposed project will retain 98% of on -site native vegetation - all vegetation outside of the building footprint. This far exceeds the requirements outlined in the GMP and LDC Some exotic vegetation has also been removed from the site, and any remaining exotics will be removed In addition, native plantings will be used to restore the area where the Australian pines have been removed. Reference the enclosed site plan for a visual representation of the habitat retained on the site. C. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Division 3.9 of the Land Development Code. For sites 12 Agenda !tem No. 7A September 25. 2006 Paps! 6 of 225 Naples Bay Resort Beach , avi ion Section 14, Township 51 S, Range 258 Environmental Impact Statement December 2004 cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. Not applicable. D. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. The boat dock approval required no preserve. All natural vegetation outside of the impact area will be retained. E. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved. The ST Overlay Development Plan shows the location of the ST overlay. Since the entire site is zoned as an ST overlay, it is impossible to make any reasonable economic utilization of the property without impacting the ST area. As heretofore described, every effort has been made to minimize the impacts on native vegetation and their ecological function by locating the passive recreational structure in the Cabbage Palm Hammock, removing exotic vegetation and replacing any native vegetation lost through construction activities by re planting and supplementing with native vegetation. 3.8.5.5. WETLANDS. A. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System ( FLUCFCS). Include a description of each of the FLUCFCS categories identified on -site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County. Jurisdictional on -site wetlands (approximately 2.23 acres within the property boundary) consist of mangrove forest in the eastern portion of the property. Please see the attached FLUCFCS map (Sheet 2) for the relative size and location of this wetland 'area. Additional mangroves are located contiguous to these to the north and south. 13 Agenda Item No. 7A September 2446; 2006 Naples Say Resort Beacri av6i'Iionf 225 Section I4, Township 5 IS, Range 25E Environmental Impact Statement December 2064 ,1 Common Name Scientific Name Stratum Abundance 612 - Mangrove Forest, 2.23 acres (52% of site) Red Mangrove Rhyzophora mangle C Common Black Mangrove Avicennia germinans C Common White Mangrove Laguncularia racemosa C Occasional Sea Oxeye Daisy Borrichia frutescens G Rare C = Canopy M = Midstory G = Groundcover V = Vine E = Epiphyte - * - Protected species B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves/affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site. The high water elevations in the wetland are totally dependant on the tidal fluctuations of the adjacent waters. MHW for this area according to DEP is approximately 1. 61 ' NGVD. The purposed project will have no impact on predevelopment hydroperiods. Roof water will be collected and stored so no stormwater control elevation is needed for the project. C. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on -site. Describe how impacts to wetlands have been minimized. No additional impact to the on -site wetlands is proposed as a result of this project. Only mangrove trimming will occur; to facilitate the continued safe passage along the boardwalk and path. D. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU District, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU District, and where higher quality wetlands are being retained on -site, provide justification based on the Uniform Mitigation Assessment Method. Since no wetland impacts are proposed to the on -site wetlands, no i compensation is required. 14 i Agenda Item No. 7A September 26, 2006 Naples Bay Resort BeacP %aviliont 225 Section 14, Township 51S, Range 25E Environmental Impact Statement December 2004 3.8.5.6. SURFACE AND GROUND WATER MANAGEMENT. A. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off -site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. A11 drainage and stormwater treatment will percolate down through the soil in the same manner as currently occurs. The roof of the building will be the only impervious surface. The water from the roof of the facility will be collected and stored in underground cisterns. No modifications to the natural drainage patterns are expected B. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre - development conditions. This analysis is required for projects impacting five (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. Water quality will not be degraded as a result of this project. The Florida Department of Environmental Protection and Collier County have both approved the existing dock B1bIPs for construction will be undertaken during construction, and pesticide and herbicide application will be minimized through the incorporation of native vegetation throughout the landscaped areas. C. Identify any Wellf eld Risk Management Special Treatment Overlay Zones (WRM -ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM -STs. Not applicable. 3.8.5.7. LISTED SPECIES. A. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on -site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U-S. Fish and Wildlife Service. State actual 15 Agenda item No. 7A September 26, 2006 Naples Bay Resort Bean avilion 225 Section 14, Township 515, Range 25E Environmental Impact Statement December 2004 survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. It is felt that a full 40 hour threatened and endangered species survey is not necessary far this property. A transect survey to determine the presence of any listed species on the site was conducted and the results are included below. Approximately 10 Gopher tortoise burrows were located on the site. The 5 active, 3 inactive, and 2 abandoned burrows are shown on the attached Environmental Considerations map (Sheet 4). B. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. Several species of special concern can potentially utilize the property for nesting and denning as well as for foraging. Species that can potentially use the property are listed below. The following area few of the State listed species that are known to inhabit similar communities and have the highest probability of being found on or near the property. Common Name Scientific Name Habitat Status Gopher Tortoise Gopherus polyphemus 411+321 SSC Gopher Frog Rana capito 411+321 SSC Indigo Snake Diymarchon corals couperi 411+321 T White Ibis Eudocimus albus 612 SSC Wood Stork Mycterla americana 612 E Bald Eagle Haliaeetus leucocephalus 411 E Least Tern Sterna antillarum Beach E Loggerhead Turtle Caretta caretta Beach T C. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigation for impacts to listed species. The gopher tortoise burroivs will be well marked and protected from the construction activities. Occupied burrows within the buildingfootprint will be excavated and any tortoises found will be moved outside of the building footprint within the remaining property (at this time, no burrows are in the area of construction). Fencing will be placed around the construction zone to prevent tortoises from entering the construction area. The fencing will also serve a dual pu?pose of containing activities to a delineated area to help minimize impacts to surrounding vegetation. Consultation with the Florida Fish and Wildlife Conservation Commission will be initiated and pursued regarding any tortoises to be relocated. Construction materials and equipment will be delivered from the Gulf side 16 Agenda item Info. 7A September 26, 2006 Naples Bay Resort Beacli Pavilion 225 Section 14, Township 51 S, Range 25E Environmental Impact Statement December 2004 aoutside of sea turtle nesting season. The beach and dune area will be filly restored after construction. The project will not add adverse coastal lighting in regard to sea turtles. Lighting for the residence will be low - level and directional so as to minimize.potential disorientation of sea turtle h atchl ings. D. Provide habitat management plans for each of the listed species known to occur on the property. For. sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. A Gopher Tortoise Management Plan for the property has been drafted and is included as Exhibit 2. E. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) acid the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these . agencies have been met. No correspondence has been received to -date, but any received prior to construction will be forwarded to County stafffor review. A relocation permit will be obtained if any impacts are proposed within 20 feet of any active or inactive burrows. 3.8.5.8. QTBER. A. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. Not applicable. B. Include the results of any environmental assessments and/or audits of the property. if applicable, provide a narrative of the cost and measures needed to clean up the site. Not applicable. C. For sites located in the Big Cypress Area of Critical State Concern - Special Treatment (ACSC -ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC -ST. Not applicable. i 17 Agenda Item No. 7A September 26, 20016 Page 1 Qj of 225 Naples Bay Resort Beach Pavilion Section 14, Township S 1 S, Range 25E Environmental Impact statement December 2004 D. Soil sampling or ground water'monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. 1Vot applicable. E. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area, Locate any known.historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic /archaeological integrity of the site. - The Florida Master Site File has been contacted. No known archaeological sites are located near the project site. Is .1 1 EXHITI B IT # 1 DRAWINGS SHEETS 1-5 Agenda Item No. 7A September 26, 2006 Page 169 of 225 Agenda Item fvo. 7A September 26, 2006 Pa e 11� of 225 Naples Bay Resort Beacl?Pavalion Section 14, Township 51 S, Range 25E Environmental Impact Statement December 2004 D. Soil sampling or ground water'monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. Not applicable. E. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known.historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic /archaeological integrity of the site. The Florida Master Site File has been contacted No known archaeological sites are located near the project site. 18 �.o LO CD cli CNJ (.0 CD I- (1) U) I [IF F0054""O. 1-1. le- 91 Pam cc St F0054""O. 1-1. le- 91 LL j UI C.7 � nl I cl . . C91 -cVl •� - . . . . . . Ait v. y_ s - i r - Tim• ' =7 1 f _ _ - _ . 4 4 :. Ld Lu Ix CL tS m F .. - � •F�� ,r�A��-'l _ 1. - - - .Z ,ar�Y.�t�1� �� I�'14 � rsy ri u?% U __d rid, ',L rt . e et to Ail :'�.:. -_..rte •� _ Agenda Item No. 7A September 26; 2006 Page 175 of 225 EXHIBIT #2 GOPHER TORTOISE MANAGEMENT PLAN CU- 2005 -AR -7181 PROJE CT #2004070018 �J DATE: 2/22/05 ROBIN MEYER } i J {' -._ !` -r �:+ �c �.Fala'�'. ,��ir�'•5. .!, r7.7r.i Agenda Item No. 7A September 26, 2006 Naples Bay Resort Beach%fton6 of 225 Gopher Tortoise Management Plan September 2004 I. INTRODUCTION: The purpose of this report is to document the potential impacts to gopher tortoises (Gopherus polyphemus) during proposed construction. activities. The applicant is proposing to construct a beach pavilion with boardwalk access from a boat dock and out to the beach. The project is located in Section 14, Township 51 South, Range 25 East, Collier County on Keewaydin Island. The site plan will not impact any wetland areas but will impact communities known to host gopher tortoise populations. A detailed ground survey of the proposed impact area was conducted to insure that no active tortoise burrows were located within the proposed construction area. II, METHODOLOGY Collier County 2003 aerials were reviewed prior to arriving on -site and preliminary community assessment made. Once on site, a system of meandering transects was followed throughout the subject area. A slow pace along transects was maintained, and all observed burrows were duly noted. Burrows were examined and determination as to the status of the burrows was made. Burrows were classified as; l.) Active — readily apparent recent utilization of the burrow by tortoises. This is apparent from tracks or drag marks, recent excavation, and open, maintained burrow entrances. 2.) Active (not tortoise) — signs of use but by animals other than tortoises. Tracks, widening of burrow entrance, and perimeter excavation can all be evidence of this. 3.) Inactive — burrow is in relatively good condition but no evidence of recent utilization is apparent. Leaf litter, cobwebs, and debris around burrow can be evidence of inactive status. 4.) Abandoned — no evidence of recent utilization and deteriorated status of burrow entrance. 5.) Collapsed — entire burrow or burrow entrance collapsed and no evidence of utilization or repair attempts lead to this conclusion. Fieldwork was conducted in May and September 2004. No burrows were located within the potential impact area. All burrows were marked with blue surveyors tape. Field biologist was Kara Cave. Results of the survey are shown on the attached Gopher Tortoise Burrow Locations exhibit. .J �) Gopher Tortoise Manazement Agenda Item No. 7A September 26, 2006 Page 177 of 225 Naples Bay Resort Beach Pavilion Gopher Tortoise Management Plan September 2064 The described Management Plan will be followed prior to and during construction. Prior to clearing or construction the following activities will take place: 1.) Temporary wire fencing with silt screen lining will be placed around the development area to prevent tortoises from entering during clearing and construction. Fencing will be dug at least one foot into the ground and extend at least two feet above the ground to prevent tortoises from digging under or climbing over. This fence will be inspected and necessary repairs made on a daily basis during construction to safeguard against tortoises entering the construction area. 2.) The construction area will be re- inspected prior to clearing to insure that burrow status has not changed and that no new burrows have been constructed. 3.) Any active and potentially active burrows within the construction side of the fencing will be ` scoped' with a `Gopher Cam'- the Sony Watch -Cam, FDM -402A. This instrument consists of a long flexible hose with a camera at one end, which is carefully probed into the burrow. A video screen attached gives a picture of the burrow as the hose passes down. This allows not only the condition of the burrow to be ascertained but any residents to be viewed. If a visual determination cannot be made with the scope the burrow will be treated as if a tortoise or commensal is present. The burrow will be hand -dug away to within two feet of the tortoise. The remainder of the burrow will be scraped away with a hand shovel and the tortoise will be gently removed and transported by hand or bucket to the other side of the fence. 4.) Any tortoises within the area of construction will be removed from the burrow and placed outside of the construction area on the other side of the fence. Any roaming tortoises observed by the equipment operators will also be caught and moved to the other side of the fence. All equipment operators on the site will be fully briefed on the proper handling tecliniques to safeguard the tortoises. 5.) Once construction has been completed, the fence will be removed and any damage caused by the fence removal will be repaired and replanted if necessary. M. CONCLUSIONS A relocation application will be submitted to The Florida Fish and Wildlife Conservation Commission {FFWCC) regarding the proposed action if any burrows are expected be impacted during construction. A copy of this application would be forwarded for your review. All State guidelines will be followed during relocation and construction activities. 2 Agenda Item No. 7A September 26, 2006 Page 179 of 225 This instrument prepared by: Kelly Samek Senior Assistant General Counsel Dept of Environmental Protection 3900 Commonwealth Blvd MS35 Tallahassee, FL 32399 -3000 Declaration of Covenants. Conditions and Restrictions THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this la*" day of UuLY , 2006, by Basil Street Partners LLC, a Delaware limited liability company, whose mailing address is 365 Fifth Avenue South, Suite 201, Naples, FL 34102 ( "Declarant ") for the benefit of the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, an agency of the State of Florida, having a mailing address at 3900 Commonwealth Boulevard, Mail Station 235, Tallahassee, Florida 32399 -3000 ( "DEP "). WITNESSETH: WHEREAS, Declarant is the owner of all the real property that is more particularly described in Exhibit 1, which is attached hereto and by this reference made a part hereof (the "Property "); and WHEREAS, Declarant seeks to develop part of the Property as a beach pavilion for use by Declarant, the Club at Naples Bay Resort, the .Club's members and members' guests, the Club's employees, and others permitted on the Property by Declarant, in a manner compatible with the sensitive environment of Keewaydin Island and the managed conservation areas surrounding the Property; NOW THEREFORE, Declarant hereby creates, establishes, and imposes this Declaration of Covenants, Conditions and Restrictions ( "Declaration ") upon the Property for the benefit of DEP, subject to the following terms and conditions. Declarant agrees that the use of the Property shall be subject to the terms and conditions set forth in that certain Agreement which is attached hereto as Exhibit 2 and by reference made a part hereof. 2. This Declaration shall run with the title to the Property in perpetuity and be binding upon Declarant and all successive owners (and all parties claiming by, through and under the owners) of the Property. Agenda Item No. 7A September 26, 2006 Page It 80 of 225 3. DEP shall have the authority to enforce the covenants, conditions and restrictions contained herein in any judicial proceeding seeking any remedy recognizable at law or in equity, including an action or lawsuit seeking damages, injunction, specific performance, or any other form of relief, against any person, firm or entity violating or attempting to violate any of the covenants, conditions or restrictions contained herein. 4. This Declaration has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Venue for enforcement actions regarding this Declaration shall be in the Circuit Court of Collier County, Florida. 5. The invalidation of any covenant, condition or restriction contained herein by a court of competent jurisdiction shall in no way affect the validity of any of the other covenants, conditions or restrictions, which shall remain in full force and effect. 6. Declarant covenants and represents that, on the date of execution of this Declaration, Declarant is seized of the Property in fee simple and has good right to create, establish, and impose the covenants, conditions and restrictions contained herein on the Property. Declarant also covenants and represents that it is aware of only one lien, mortgage, or encumbrance that could impair Declarant's right to impose the covenants, conditions and restrictions contained herein on the Property or that would be superior to the covenants, conditions and restrictions contained herein. For the one lien, mortgage or encumbrance referenced immediately above, Declarant has obtained the necessary Subordination, Joinder and Consent hereto, which is attached as Exhibit 3 and by reference made a part hereof. 7. Declarant agrees to incorporate this Declaration in any subsequent deed or other written legal instrument by which Declarant transfers or conveys fee simple title or any other lesser estate in the Property or any part thereof to a third party either verbatim or by making an express reference to this Declaration and specifically identifying the official records book and page at which this Declaration is recorded in the public records of Collier County, Florida. Declarant further agrees to give written notice to DEP of the conveyance or transfer of any interest in the Property at least 20 days prior to the date of such conveyance or transfer. Agenda Item 1�0. ?A September 26, 2006 Page 181 of 225 B. All notices, consents, approvals, or other communications hereunder shall be in writing and shall be sent by United States certified mail, return receipt requested, or shall be hand delivered by a recognized national overnight courier service, to the appropriate address indicated on the first page of this Declaration or to any other address or addresses as either party may designate from time to time by notice given in accordance with this paragraph. 9. The failure by DEP to enforce any covenant, condition or restriction contained herein shall in no event be deemed a waiver of such covenant, condition or restriction or of the right of DEP to thereafter enforce such covenant, condition or restriction. 10. Any modification, release, or cancellation of the provisions of this Declaration shall only be valid when such modification, release, or cancellation has been reduced to writing, duly executed by or on behalf of Declarant and DEP and recorded in the public records of Collier County, Florida. 11. Notwithstanding the date of execution, this Declaration shall become effective only after all applicable permits and approvals have been issued to allow vertical construction of the beach pavilion on the Property (the "Effective Date "). 12. Within thirty (30) days from the Effective Date, as defined in Paragraph 11 above, Declarant shall cause this Declaration to be recorded in the public records of Collier County and shall provide DEP with a copy of the recorded Declaration certified by the Clerk of the Court. (The remainder of this page is intentionally left blank.) 3 Agenda liem fro. 7A September 26, 2006 Page 182 of 225 IN WITNESS WHEREOF, Declarant has executed this Declaration on the day and year first above written. BASIL STREET PARTNERS, LLC, a Delaware limited liability company By: Naples Bay Resort Holdings, LLC, a Delaware limited liability company, as Sole Managing Member, By: NB&Ma)nager, LLC, a Delaware limited liability company, as Manager / By: / ( U _ Jitick J. Antaramian, its President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this z— day of 2006, by Jack J. Antaramian. He is personally known to me /produced as identification. A SEAL blic (Printed, Typed or Stamped Name of Notary Public) r MY COMMISSION N # DD 465630 EXPIRES:Augus127,20D9 Commission No.: s.�� •,Rf�y. Bonded ThmNotary Public Undwwrliers Commission Expires: 27 4 Agenda Item No. 7A September 26, 2006 Page 183 of 225 EXHIBIT 1 (TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS) Agenda Item fro. 7A September 26, 2006 Page 184 of 225 Legal Description The North 89.3 feet of Government Lot 2, Section 14, Township 51 South, Range 25 East, Collier County, Florida (measured at a 90 degree angle to the north line of said Government Lot 2, said north line also being the common line separating Sections 11 and 14, Township 51 South, Range 25 East, Collier County, Florida). OM The North 89.3 feet of the North 178.6 feet of Government Lot 2, Section 14, Township 51 South, Range 25 East, Collier County, Florida (measured at a 90 degree angle to the north line of said Government Lot 2, said north line also being the common line separating Sections 11 and 14, Township 51 South, Range 25 East, Collier County, Florida). Aaenda item No. 7A September 26, 2006 Page 185 of 225 NJ (TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS) Agenda Item No. 7A September 26, 2006 Page 1 66 of 225 AGREEMENT THIS AGREEMENT made and entered into this 13 +u day of UuLY , 2006, by and between the Florida Department of Environmental Protection, through the Rookery Bay National Estuarine Research Reserve, hereinafter called DEP RBNERR; and Basil Street Partners, LLC, hereinafter called Basil Street Partners. WITNESSETH: WHEREAS, Keewaydin Island is a natural barrier island in Collier County, Florida, and is an important cultural, ecological, and economic resource; WHEREAS, Basil Street Partners is the owner of the real property described in Exhibit A ( "the Property "), attached hereto and incorporated herein by reference; WHEREAS, DEP RBNERR currently manages over 85% of Keewaydin Island, including parcels immediately adjacent to the Property; WHEREAS, Basil Street Partners desires to construct a beach pavilion on part of the Property for use by Basil Street Partners, the Club at Naples Bay Resort, the Club's members and members' guests, the Club's employees, and others permitted on the Property by Basil Street Partners (hereinafter collectively referred to as "Permitted Visitors "); WHEREAS, DEP RBNERR and Basil Street Partners are mutually desirous of proper stewardship of Keewaydin Island, NOW, THEREFORE, in consideration of the respective promises set forth herein and made by and between Basil Street Partners and DEP RBNERR, the parties agree as follows: 1. A "Naples Bay Resort Beach Pavilion Operations Manual" outlining the manner in which the Property and the beach pavilion will be used has been reviewed and approved by DEP RBNERR. Exhibit B, the Operations Manual, is attached hereto and incorporated herein by reference. 2. Basil Street' Partners agrees to strictly abide by the provisions of the Operations Manual and shall be held responsible for all violations of the Operations Manual committed by Permitted Visitors, in accordance with the terms of this Agreement. 3. Copies of the Operations Manual shall be provided, at Basil Street Partners' expense, to all members and employees of the Club at Naples Bay Resort. All members and employees of the Club at Naples Bay Resort shall sign Agenda Item No. 7A September 26, 2006 Paae 187 of 225 an acknowledgment form stating that they are familiar with the Operations Manual and agree to abide by its terms. The Club at Naples Bay Resort shall keep on file a signed acknowledgment form for each member and employee of the Club at Naples Bay Resort. 4. DEP RBNERR is granted the authority to monitor the activities of the Permitted Visitors on Keewaydin Island for compliance with the Operations Manual. DEP RBNERR shall have perpetual around - the -clock unlimited access to the Property for the sole purpose of compliance inspection. DEP RBNERR shall exercise its right of access reasonably and in a manner which does not interfere with the use and enjoyment of the Property by Permitted Visitors. 5. DEP RBNERR will timely document in writing and including photographs, if possible, alleged violations of the Operations Manual and, within five (5) days of the alleged violation, shall notify Basil Street Partners of those alleged violations in writing by hand delivery and mail to 365 Fifth Avenue South, Suite 201, Naples, FL 34102. 6. Upon receipt of notice of an alleged violation of the Operations Manual, Basil Street Partners shall immediately rectify the alleged violation. However, Basil Street Partners has the right to dispute the existence or description of an alleged violation as documented by DEP RBNERR by providing written notice of their dispute to Reserve Manager, Rookery Bay National Estuarine Research Reserve, 300 Tower Road, Naples, FL 34113, within five (5) days of first receipt of notice of the alleged violation. 7. Upon notification of a disputed violation pursuant to Paragraph 6 above, the Reserve Manager at DEP RBNERR or his or her designee shall, as soon as reasonably possible, contact Basil Street Partners, and the parties shall make efforts, to the maximum extent practicable, to resolve the disputed violation and ensure that reasonable corrective action is taken. If the parties are unable to reach a mutually agreeable resolution of the disputed violation, the disputed violation shall count towards a "record of violations" as that term is used in Paragraph 11 below but, provided reasonable corrective action has been taken, Basil Street Partners shall not be obligated to remit any payment to DEP RBNERR pursuant to Paragraph 9 below. DEP RBNERR acknowledges and agrees that Basil Street Partners can be held responsible only for violations committed by Permitted Visitors. For violations committed by those who are not Permitted Visitors, Basil Street Partners will not be obligated to remit any payment pursuant to Paragraph 9 below, nor will any such violations count towards a "record of violations" as that term is used in Paragraph 11 below. For the purposes of dispute resolution and final decision- making, Basil Street Partners shall provide the name and contact information of a designated representative to DEP RBNERR and shall notify DEP RBNERR immediately if this designation changes. Agenda item trio. 7A September 26, 2006 Page 188 of 225 8. Additionally, Basil Street Partners shall timely document known violations of the Operations Manual and notify DEP RBNERR of those known violations as soon as possible by telephone (239- 417 -6310) and in writing by mail or hand delivery to Reserve Manager, Rookery Bay National Estuarine Research Reserve, 300 Tower Road, Naples, FL 34113. Basil Street Partners shall immediately rectify each known violation. 9. For each instance of a particular violation committed by Permitted Visitors (not including unresolved disputed violations pursuant to Paragraph 7 above), Basil Street Partners shall, for the purposes of mitigation, pay to DEP RBNERR the sum of five hundred dollars and zero cents ($500.00). For each repeat instance of a particular violation within any seven -day period, Basil Street Partners shall pay to DEP RBNERR an additional five hundred dollars and zero cents ($500.00) for a total of one thousand dollars and zero cents ($1000.00) per repeat violation. 10. All mitigation sums shall be mailed to RBNERR, 300 Tower Road, Naples, FL 34104 within thirty (30) days of notice of the violation and shall be paid by check or money order made payable to "Friends of Rookery Bay NERR" with the notation block reading "Naples Bay Resort Mitigation Fund." 11. In the event of a persistent record of violations (defined as either (a) 7 violations within any 30 -day period, (b) 15 violations within any 12 -month period, or (c) 5 disputed violations within any 30 -day period), OR in the event Basil Street Partners fails to rectify any violation in a timely manner, DEP RBNERR may, at its sole discretion, recommend that Collier County revoke Basil Street Partners' conditional use permit for the Property. 12. The mitigation sum schedule established above shall not be deemed a waiver of any legal rights held by DEP RBNERR, the State of Florida, or any other party, private or public, under the laws of the United States of America, the State of Florida, or Collier County. Therefore, DEP RBNERR may still refer applicable violations to Collier County Code Enforcement or other appropriate agencies, notwithstanding Basil Street Partners' compliance with the payment schedule set forth above. 13. Basil Street Partners shall not expand the footprint of the proposed beach pavilion for a period of five (5) years after the Effective Date of this Agreement, as defined in Paragraph 16 below, except for improvements required by law for local, state or federal code compliance, and shall never expand the footprint of the beach pavilion beyond the boundaries indicated on Exhibit C, attached hereto and incorporated herein by reference. 14. Within thirty (30) days of the Effective Date of this Agreement, as defined in Paragraph 16 below, Basil Street Partners shall execute a Conservation Easement over all portions of the Property delineated on Exhibit C as Agenda Item No. 7A September 26, 2006 Page 189 of 225 conservation or native habitat preservation areas. As illustrated by Exhibit C, the Conservation Easement area shall not include the boardwalk, the beach pavilion, the "Limit of Future Expansion" area, the drain field area, and the beach area. If Collier County agrees, and if feasible, this Conservation Easement shall be a donation to the State of Florida Board of Trustees of the Internal Improvement Trust Fund in accordance with Ch. 18- 1.013, Fla. Admin. Code. 15. Basil Street Partners and DEP RBNERR will cooperate to produce a mutually satisfactory monitoring program for the Property which will include recording the numbers of Permitted Visitors, wildlife encounters, wildlife observations, environmental observations, and amount of trash removed from the island. The parties shall review the data from this monitoring project within two (2) years of completion of the beach pavilion. If the data suggests the impact on Keewaydin Island from the use of the beach pavilion is greater than anticipated, Basil Street Partners and DEP RBNERR shall negotiate an amendment to this Agreement and/or the Operations Manual to reduce the allowable number of Permitted Visitors at any one time, or reduce the square footage of the expansion area indicated on Exhibit C as discussed in Paragraph 13 above, or take other measures deemed appropriate to protect the resource. 16. Notwithstanding the date of execution, this Agreement shall become effective only after all applicable permits and approvals have been issued to allow vertical construction of the beach pavilion on the Property ( "the Effective Date "). Once effective, this Agreement shall be binding on the parties, their successors, heirs and assigns. This Agreement is Exhibit 2 of the Declaration of Covenants, Conditions and Restrictions executed between Basil Street Partners LLC and the State of Florida Department of Environmental Protection. 17. DEP RBNERR and Basil Street Partners agree to negotiate in good faith any amendments or changes to this Agreement or the Operations Manual that may be necessary for successful completion and operation of the beach pavilion. This document, along with the associated Declaration of Covenants, Conditions and Restrictions, and the Operations Manual, represent the entire agreement between the parties. All amendments to this Agreement shall be in writing and shall be duly executed by all parties. 18. Within thirty (30) days from the Effective Date, as defined in Paragraph 16 above, Basil Street Partners shall cause this Agreement to be recorded in the public records of Collier County and shall provide DEP RBNERR with a copy of the recorded Agreement certified by the Clerk of the Court. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date written above. They certify that they are familiar with the information contained in this Agreement and that they possess the authority to execute this Agreement. Agenda Item No. 7A September 26, 2006 Page 190 of 225 BASIL STREET PARTNERS, LLC, a Delaware limited liability company By: Naples Bay Resort Holdings, LLC, a Delaware limited liability company, as Sole Managing Member, By: NBR Manager, LLC, a Delaware limited liability company, as Manager By: ('Ja J. Antaramian, its President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2006, by Jack J. Antaramian. He is personally known to me/produced _ as identification. SEAL y PETER S. CARROLL MY COMMISSION # DD 465630 EXPIRES. August 27, 2009 sondeATtuuNmery Name of Notary Public) Commission No.:,5j�� Commission Expires: Ir Z STATE OF FLORIDA LPDAIRITMENT OF ENVIRONMENTAL PROTECTION By: Title:_ k'- STATE OF FLORIDA COUNTY OF I_.,=r, The foregoing instrument �� 2006, by � personal! !mown to me /produce SEAL M Shannon Franklin C0mmjsslan # DD5i 0275 ��BPd�GTmY j" so,10-nig Agenda Item No. 7A September 26, 2006 Page 191 of 225' viedged before me this 13O'Uay of �G j ?6j r-nS She /He is as identification. or of Notary Public) Commission No.: ' X>!5ID2'1S . Commission Explres: LAW O Agenda Item No. 7A September 26, 2906 Page 192 of 225 EXHIBIT A (TO AGREEMENT) Agenda Item No. 7A September 26; 2006 Page 193 of 225 Legal Description The North 89.3 feet of Government Lot 2, Section 14, Township 51 South, Range 25 East, Collier County, Florida (measured at a 90 degree angle to the north line of said Government Lot 2, said north line also being the common line separating Sections 11 and 14, Township 51 South, Range 25 East, Collier County, Florida). Also The North 89.3 feet of the North 178.6 feet of Government Lot 2, Section 14, Township 51 South, Range 25 East, Collier County, Florida (measured at a 90 degree angle to the north line of said Government Lot 2, said north line also being the common line separating Sections 11 and 14, Township 51 South, Range 25 East, Collier County, Florida). Agenda Item No. 7A September 26, 2006 Page 194 of 225 (TO AGREEMENT) low \\« » «. . \- � ^ ` �� \ :�� \/\ « <, \.\ \ �� z� / \ \? 2m ��.«. »v . «�. TABLE OF CONTENTS Introduction General Considerations Access to the Beach Pavilion Maximum Number of Guests Hours of Operation Lighting and Power Motorized Vehicles Special Events Insect Control Construction and Repair Landscaping Daily Operations Food and Beverage Alcohol Beach Chairs and Umbrellas Trash Disposal Habitat and Wildlife Considerations Marine Turtles Gopher Tortoises Shorebirds Manatees Mangroves Dune Habitat Agenda Item No. 7A September 26, 2006 Page 196 of 225 1 K 7 P7 �, Acknowledgment Forms 23 Aaenda Item No. 7A September 26, 2006 Page 197 of 225 INTRODUCTION The Beach Pavilion Property serves as an amenity to the Club at Naples Bay Resort ( "the Club ") and provides beach access for members of the Club and their guests. Members of the Club will include persons who own condominium units or boat slip use rights within the Naples Bay Resort Collection projects, which consist of the old Boat Haven property and property located at the intersection of U.S. 41 East and Sandpiper Boulevard, as well as condominium units likely to be developed in the future on the property historically known as Grand Central Station (located on the corner of U.S. 41 South and Goodlette -Frank Road). A limited number of memberships will also be available to the public. Currently, the Club envisions a total membership number of up to 750. Keewaydin Island is a critical natural barrier island, over 85% of which (including lands immediately adjacent to the Beach Pavilion Property) is managed by the Rookery Bay National Estuarine Research Reserve ( "Rookery Bay NERR "). The Club requires all staff, members and guests (known collectively herein as "Users ") to adhere to all rules and guidelines within this document and denoted on the Property, which are intended to maintain the habitat on the island and protect the native plant and animal species that utilize the island. Not only do the rules and guidelines help to protect the native plant and animal species around the Beach Pavilion Property, but they also facilitate continued enjoyment of the island's natural beauty by the Club's members and guests. The purpose of this Manual is to provide guidelines for the responsible operation of the Beach Pavilion Property. All employees and members of the Club must read this document and sign the attached form acknowledging their understanding of its contents. The Club has developed an educational plan, with the assistance of the Rookery Bay NERR, to inform Users of these rules and guidelines. Violation of the numbered provisions set forth in this Manual expose the Club' to financial obligations for mitigation and may jeopardize the Beach Pavilion's conditional use permit granted by the County. Any staff member who observes individuals not following the rules should prompt them to correct their behavior. Any individual who continues to break these rules may be subject to removal from the Beach Pavilion Property. Repeat offenders may be banned from the facility if necessary. Staff members who do not heed these rules and guidelines may be subject to termination of employment. 1 "The Club," as used in the numbered provisions of this Manual, means the entity responsible for managing the Beach Pavilion Property. Agenda item No. 7A September 26, 2006 Page 198 of 225 GENERAL CONSIDERATIONS ACCESS TO THE BEACH PAVILION Access to the Beach Pavilion Property is provided by the Club's shuttle vessel(s). Club members and their guests may also arrive at the Beach Pavilion Property by private vessel. 1. Users shall not arrive at, or visit, the Beach Pavilion Property by personal watercraft (e.g., Jet Ski, Waverunner, Sea -Doo, etc.). The dock accommodates approximately three vessels (depending on their size), including the Club's shuttle vessel(s). 2. The dock shall not be expanded. 3. Users shall not "raft" or parallel moor vessels. The Club will develop, with the assistance of Rookery Bay NERR, a short educational program explaining the sensitivity of the ecology of Keewaydin Island and how Users can help maintain its integrity. 4. The Club shall provide an environmental education program to Users visiting the property via Club shuttle. MAXIMUM NUMBER OF GUESTS 5. No more than 56 persons, including Club staff /employees, may visit the Beach Pavilion Property at any one time, regardless of how they arrive, except in the case of special events complying with the special events provisions of this Manual. 6. The Beach Pavilion Property shall be staffed with at least 1 person when the number of Users on the Property is 15 or fewer. 7. The Beach Pavilion Property shall be staffed with at least 2 persons when the number of Users on the Property exceeds 15 people. 2 Agenda item No. 7A September 26, 2606 Page 199 of 225 HOURS OF OPERATION The Beach Pavilion will be available for use by members of the Club, and their guests, from dawn to dusk. 8. No one shall use the Beach Pavilion Property between dusk and dawn. LIGHTING AND POWER Unless security or other concerns require otherwise, the Beach Pavilion Property will not be lighted at night. 9. If lights are required, they shall (a) be low -level and directional; (b) comply with all regulations related to sea turtles and with 62B- 55.006, F.A.C. ( "Model Standards for New Beachfront Lighting "); and (c) be approved by the Reserve Manager at Rookery Bay NERR prior to installation. The only electric power at the Beach Pavilion Property is provided by generator, although solar power will be used if reasonably feasible. The generator is intended primarily to power (a) the hydraulic lift necessary for handicapped access to the elevated Beach Pavilion structure, and (b) a pump necessary to draw potable water to the Beach Pavilion structure from a well and /or storage tank. The generator may also provide power for lighting, if necessary, pursuant to the provision above. MOTORIZED VEHICLES 10. No more than one electric motorized vehicle shall be permitted on the Beach Pavilion Property. 11. The electric motorized vehicle shall not be used for any other reason than special needs transportation from the dock to the Beach Pavilion structure via the boardwalk. 12. No motorized vehicle shall be used or stored in sandy areas (dune or shore). SPECIAL EVENTS Special events are permitted on the Beach Pavilion Property, subject to the Club obtaining all permits, if required, from Collier County. Rookery Bay NERR will be provided opportunity to review any application for a County permit. For purposes of this section, a "special event" shall include any event that exceeds the routine limitations or restrictions contained in this Manual, except that no event shall be exempt from the guidelines under Habitat and Wildlife Considerations. Further, "special events" shall include, but are not limited to, any social, recreational, or entertainment event conducted on the property and satisfying one or more of the following criteria: Agenda Item No. 7A September 26, 2006 Page 200 of 225 • The event involves the use of dining /picnic tables and chairs, serving tables, or other ancillary equipment typically used to serve an on -site meal; or The event involves the use of staging equipment, amplified music, or the use of other types of electrical equipment for purposes of enhanced light and /or sound; or • The event is attended by 57 or more people and is organized by or with the help of the Club and is of a nature not commonly associated with the day -to -day use of the property by the Users. Regardless of the type of equipment used, including staging, amplification, or other sound equipment, all special events shall comply with the Collier County Noise Control Ordinance codified in the Collier County Code of Laws and Ordinances. 13. Firework displays and the use of pyrotechnics are prohibited. 14. Boat races are prohibited as any part of a special event at the property. 15. The Club shall provide by email and fax to the Reserve Manager at Rookery Bay NERR notice of all special events at least 72 hours in advance of the start of set up of the special event. 16. The Club shall provide by email and fax to the Reserve Manager at Rookery Bay NERR a copy of any application to Collier County for a special event permit before or concurrent with its submission of the application to Collier County. INSECT CONTROL Only personal insect repellants may be used on the Beach Pavilion Property. 17. The Club shall not conduct or cause aerial spraying for insect control on the property. 18. Use of mosquito control systems, other than carbon dioxide trap systems (such as "Mosquito Magnets ") or personal repellants applied to skin or clothing (such as DEET or citronella), is prohibited. CONSTRUCTION AND REPAIR The Club will strive to maintain the ecological integrity of Keewaydin Island in all activities related to the construction and maintenance of the Beach Pavilion 11 Agenda Item No. 7A September 26, 2006 Page 201 of 225 structure. Any and all construction activities must comply with local and state regulations, including the General Permit Conditions at 6213- 33.0155, F.A.C. 19. Construction equipment shall be delivered to the construction site from the beach side of the island. 20. Construction equipment shall be removed from the island within thirty (30) days of completion of construction activities. 21. Except for construction allowed under emergency permits, no construction equipment shall be delivered or stored on the island during the annual sea turtle nesting season (May 1- October 31) and all construction equipment shall be removed prior to May 1. 22. Restoration of any disturbed dunes shall be completed with sixty (60) days of completion of construction activities. 23. A gopher tortoise management plan shall be provided to the Reserve Manager at Rookery Bay NERR for approval at least five (5) days prior to the start of any construction activity. 24. The Club shall not request or support permits for beach armoring (including, but not limited to, seawalls, t- groins, revetments, and jetties) or sand renourishment anywhere on Keewaydin Island. 25. The Club shall construct and maintain on the property, at its expense, an educational kiosk including information about Rookery Bay NERR and the sensitive wildlife and habitats found within the NERR and particularly on Keewaydin Island. The kiosk shall include information to promote environmental stewardship by Users, and all educational content shall be approved by the Reserve Manager at Rookery Bay NERR. 26. The Club shall erect boundary markers at the dune line of the Beach Pavilion Property at the north and south boundaries between the private and state properties. The Club shall also provide boundary markers for Rookery Bay NERR to place at the dune line 100 yards north and south of the boundary of the private and state properties in order to mark the clean -up boundaries for Club staff. LANDSCAPING 27. All native vegetation on the Beach Pavilion Property outside of the footprint of the structure affected by initial construction shall be restored. After construction, all native vegetation shall be retained with the exception of mangrove trimming authorized by permit or applicable regulations. 28. Any new vegetation planted on the property shall be native to Southwest Florida, suitable for the beach environment of Southwest Florida, and approved by the Reserve Manager at Rookery Bay NERR prior to planting. 29. Any herbicides to be used for exotic or nuisance plant control at the Beach Pavilion Property shall be limited to herbicides with low soil activity 5 Agenda Item Flo. 7A September 26, 2006 Page 202 of 225 (such as Garlon 3A or Garlon 4 [triclopyr], or Rodeo [glyphosate]). Herbicides with high soil activity that may affect off -site vegetation or ground water (such as Arsenal [imazapyr] or Velpar [hexazinone]) shall not be used. Herbicides shall be approved by the Reserve Manager at Rookery Bay NERR prior to their first use and shall be subject to prohibition later if new information suggests heretofore - unknown adverse environmental consequences of use. 3 DAILY OPERATIONS FOOD AND BEVERAGE Aoenda Item No. 7A September 26, 2006 Page 203 of 225 Limited food and beverages, as needed, shall be transported to the Beach Pavilion Property via the Club's shuttle vessel. Club members and their guests arriving at the Property via private vessel may bring their own food and beverages. If improperly managed, food and beverages can attract insects and other wildlife; therefore, it is important not to store these items at the Beach Pavilion Property when closed for operation. 30. All food and beverages shall be removed from the Beach Pavilion Property daily by 9 PM. ALCOHOL Alcohol is permitted at the Beach Pavilion Property, However, Users should be aware that alcohol may not be consumed on the lands owned by the State of Florida, which include the land immediately adjacent to the Beach Pavilion Property on the north and south sides. 31. Users shall not transport open containers of alcoholic beverages from the Beach Pavilion Property to or over the state land properties of Keewaydin Island. BEACH CHAIRS AND UMBRELLAS The Club may provide beach chairs and umbrellas for the use and convenience of the Users. 32. When not in use, chairs and umbrellas shall be stored within the Beach Pavilion structure. 33. If used, chairs and umbrellas shall be manually transported to the beach area. 34. The Club's chairs and umbrellas shall remain within the boundaries of the Beach Pavilion Property and shall not be used on the beach area of the state land properties adjacent to the Property. 35. All chairs and umbrellas shall be removed from the beach area daily within one hour after sunset. 7 Agenda item No. 7A September 26; 2006 Page 204 of 225 TRASH DISPOSAL The Club operates the Beach Pavilion Property as a "pack -in /pack -out" facility. Wheeled trash receptacles are provided at various locations throughout the Property, and Users are encouraged to use the receptacles and maintain the Property in a clean condition. 36. All trash shall be removed from the Property daily by 9 PM. 37. Trash receptacles shall be emptied daily by 9 PM. 38. When not in use, trash receptacles shall be stored in the Beach Pavilion structure in a location where wildlife will not be attracted to or can access them. 39. Club employees shall, at least once daily, conduct clean -ups of the Property and the beach areas extending 100 yards north and south of the Property. 40. Beach raking is prohibited on the Beach Pavilion Property. Agenda item No. 7A September 26, 2006 Page 205 of 225 HABITAT AND WILDLIFE CONSIDERATIONS In the spirit of cooperation, the Club will implement a monitoring program, with assistance from Rookery Bay NERR, that will monitor numbers of guests, wildlife encounters, wildlife observations, environmental observations, and amount of trash removed from the island. Detailed information regarding rules specific to different species is listed on the following pages. For many of the rules, violators may be personally subject to fines or imprisonment. 41. Users shall remain within marked pathways or on the boardwalk when traveling across the Beach Pavilion Property. 42. Feeding of any wildlife is prohibited. 43. Noise shall not exceed 65 decibels, measured at the boundaries of the Beach Pavilion Property, and shall otherwise comply with the Collier County Noise Control Ordinance. 44. Open fires are prohibited. 45. Pets are prohibited. 46. Live shelling is prohibited. Below are important numbers to remember if an injured or dead protected animal is found: Florida Fish and Wildlife Conservation Commission US Fish and Wildlife Service Rookery Bay National Estuarine Research Reserve The Conservancy of Southwest Florida For sea turtle strandings or disorientations: Collier County Natural Resources Department 9 1 -888- 404 -FWCC (1- 888 - 404 -3922) (561) 562 -3909 (239) 417 -6310 (239) 262 -2273 (239) 732 -2505 p a l^' S nz w r I wean °u`' .� ..,r„i., -r '�I' I.R � 14'�W� -aG*a "'."'•d.. Y1+�Cv,.',.s AnA^y�u- . .s' a � •¢. �!d'{ ""4J�b "�„af'"`x'„*�L _4 "z; eM�'S�i l.F" ,✓ - //i '•➢°',r i. ,'4„e,. Y.. r" y ' �' i"`y",r� 1 x '�".r"VEO"�"'y„yr_" Agenda item No. 7A September 25, 2006 Page 207 of 225 The nests may look like areas of disturbed sand, but are usually rather well camouflaged. Keep away from any areas that appear to be nest locations to avoid crushing the nest. A marked sea turtle nest. (Photograph courtesy of Rookery Bay NERR.). Since operating hours are from dawn till dusk, no lighting of the facility should normally occur. However, in cases of special events or need for security lighting, all lights should be low -level and directional as otherwise as described in the Lighting and Power section of this Manual. Stranded (sick or injured) sea turtles or disoriented hatchlings should be reported immediately to the Collier County Natural Resources Department at (239) 732- 2505. 47. Users shall not touch or otherwise disturb adult sea turtles, hatchlings, or their nests or eggs. 48. Users shall not use flashlights or flash photography on the beach after dark between May 1 and October 31 or anytime a sea turtle is present on the beach. 11 CV 'i iRP- , 1, 1 V �4 V i.E.-:V .'SlYk'W4l..' _W Y!Z Qri tp ' -1 �-I i✓ i � ."is � 'Z 'S,y g'�j+ * %i.M Kq �'�S. 7r- r'�'^T<'] r �1h�'i+ I� - !' _ �,J- � 5t L'd �` „1' �...F^`1 � $F�,.a �"1 V¢<„ rA•,,„�, Y �+ i - .. �. -.� 'S`�'� �"`r`, s r'I —`�. =•(, t..31 '- .'sTis . � a�,`"p�,, ,�� .,� .: a- � �� r ��*,� �"iF'V ti� � (._ � �, . r��X �. z:"'��r �i -.z� -ti �' ; � I - ! r`I f �' �'�' 3� �.�4� ,,. •%� J 1 Agenda Item No. 7A September 26, 2006 Page 210 of 225 SHOREBIRDS The eggs and chicks of beach - nesting birds are especially vulnerable to human disturbance. From early March to late August least terns, snowy plovers and Wilson's plovers nest on Keewaydin Island and during this time, nests with eggs or young chicks are found there. Nests are shallow depressions or "scrapes" on bare sand, providing camouflage that keeps them very well hidden from predators, and are difficult to recognize. "Scrape" nest with eggs. (Photograph courtesy of Rookery Bay NERR.) Snowy and Wilson's plovers are solitary nesters and their nests can be found on the beach above the high tide line or in open sandy areas with sparse vegetation. Least Terns nest together in loose colonies of from several pairs to hundreds of birds. Threatened Snowy Plover Threatened Least Tern Species of Special Concern 4� t � . i At Wilson's Plover (Photographs courtesy of Rookery Bay NERR.) Keewaydin Island is also an important year -round feeding and resting area for gulls, terns, skimmers, herons, egrets and brown pelicans. Birds will quickly abandon their nests when disturbed by people or dogs. Repeated disturbance causes birds to waste valuable energy reserves. Weakened and vulnerable, birds with a reduced ability to feed may not survive. If birds appear agitated, take flight or swoop at you, they're trying to tell you you're too close to a nest or chicks. Any activity that drives parent birds away from their nests, leaves eggs or young chicks increasingly vulnerable to intense summer heat and predators. 14 Agenda Item No. 7A September 26, 2006 Page 211 of 225 These birds are protected by the Florida Fish and Wildlife Conservation Commission and the Federal Migratory Bird Treaty Act. 51. Users will not disturb nesting birds. Users shall maintain a distance of 300 feet from any marked nest or closed nesting colony area where feasible. If nesting birds are found on or adjacent to the Beach Pavilion Property, staff will seek consultation with the Rookery Bay NERR to determine what actions are necessary to protect the nests from disturbance or destruction. 52. Users shall not willfully disturb, intentionally flush, or force birds to fly. 15 Agenda Item No. 7A September 26, 2006 Page 212 of 225 MANATEES Manatees can often be found in the waterways behind the island. You may catch a glimpse of one from the shuttle boat or the dock. Keep in mind they are protected by the federal and state government, and disturbing or harming a manatee can result in fines or imprisonment. Manatees. (Photograph courtesy of Rookery Bay NERR.) Wearing polarized sunglasses can help eliminate the glare of the sun and enable you to see below the water's surface while boating. 16 Agenda item No. 7A September 26, 2006 Page 213 of 225 Manatee observed from boat. (Photograph courtesy of HooKery tray rvt:HH.) Stay in deep water channels when boating and avoid boating over seagrass beds or shallow areas. Though this should help avoid some manatee collisions, be aware that manatees also use deeper channels when traveling. Sometimes all that may be visible is a snout, back, tail, or flipper breaking the surface of the water. A swirl or flat spot at the surface is also created by the motion of the manatee when it dives or swims. If you see a manatee when operating a powerboat, stay at least 50 feet away from the animal. If you wish to observe the manatee, shut off the motor, but be sure not to drift over it. Obey posted speed zone signs and keep away from posted manatee sanctuaries. Giving food or water to manatees may encourage them to swim to people who might harm them or cause them to become dependent on handouts for food. Although they are harmless to humans, touching a manatee can be considered harassment of the animal, which is against the law. 53. Users shall not give manatees food or water. 54. Users shall not touch or attempt to touch a manatee. 17 Agenda Item No. 7A September 26, 2006 Page 214 of 225 MANGROVES Florida's mangroves contribute to the overall health of the state's southern coastal zone. Mangrove roots provide attachment surfaces for various marine organisms. Many of these attached organisms filter water through their bodies and, in turn, trap and cycle nutrients. The roots also provide protected nursery areas for fishes, crustaceans, and shellfish. Many animals find shelter in the branches of mangroves as well. The branches are rookeries, or nesting areas, for coastal birds such as brown pelicans and roseate spoonbills. For these reasons, mangroves are protected by state and federal law. Since mangroves are protected by law, certain restrictions apply for any activities which occur in their habitat. Most activities within the mangroves require a specific permit from the Florida Department of Environmental Protection. If there is an apparent need for trimming or cutting of any mangroves, contact Club at Naples Bay Resort management before action is taken to avoid these fines. 55. No unauthorized cutting, trimming, or other alteration of mangroves shall occur. There are three types of mangroves that can be found in our area —red, black, and white. Each tends to prefer a slightly different environment, particularly related to water levels and salinity. The different species can be identified through distinguishing characteristics described on the following pages. OR . ¢ 6 7 , Y a s -' •.. `^ :' 'a '1 �,',°, t n c �."`�� r hit; ,�:.... a ;1 3 I Agenda Item No 7A September 26, 2006 Page 217 of 225 White Mangroves The white mangrove (Laguncularia racemosa) usually only becomes dominant at the highest elevations farther upland than either the red or black mangroves. White mangroves have no visible aerial root systems, unlike its red or black counterparts. They can most easily be identified by their leaves. They are oval in shape, light yellow green and have two distinguishing glands at the base of the leaf blade where the stem starts. These glands allow the tree to excrete the salt it takes in from its water source. White Mangroves 21 =.0 SALT PORE a� White Mangrove Leaves - �v shi � jliti 1. F[c r ,7-tRyt r.11• Y i- i i p 3 "Yag� �. pg =.0 SALT PORE a� White Mangrove Leaves Agenda Item No. 7A September 26; 2006 Page 218 of 225 DUNE HABITAT Beach dune areas serve as a protective barrier from storm surge and help control erosion. Not only do dune plants help trap sand to provide a structural barrier against waves, storm surge, and saltwater intrusion, they also provide valuable nesting and foraging habitat for many animals. Sea oats (Uniola paniculata) are a key plant in maintaining dune areas and are protected by the state. It is illegal to pick them or collect their seeds. Dune plants are easily destroyed by foot traffic and disturbance, therefore, it is important to stay on the marked paths at all times when not on the open beach area. 56. Users shall not pick or cut sea oats or collect sea oat seeds. 22 Agenda Item No. 7A September 26, 20106 Page 220 of 225 ACKNOWLEDGMENT FORM FOR CLUB MEMBERS I, , acknowledge that I have read the Naples Bay Resort Beach Pavilion Operations Manual and understand its contents. I also understand that failure to abide by the guidelines within the Operations Manual may result in my removal from the property and being banned from the Beach Pavilion Property. Signature Received by: 24 Date Date Agenda Item No. 7A September 26, 2006 Page 221 of 225 EXHIBIT C (TO AGREEMENT) ACE AD 'Lu A LU rr -Z �UJ uj 'ILL o 0 vU LLJ: :UJ M In ZL LU M.f 4-. W-- rX 0 Aft 'Al !"11 -, _ k�lr �. '9.wa itu • � 1 > .✓ ice;` � ; }`J 1 �• ��' � � `h ,�, a f •tf r♦tEl :x. 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I"a W (�� r3.�'N� , I ALN I 3+,��'�'�aGP'•i' a �r I'� 7 LF +f� 4� .. �3 �1 y V • p��r, �`r t Ir'. n...` :,T I raarm(.`i'+�r'at"�t�, U L �g `' F , IT � �,.� ��., ,a �u��w �ij'•� -�'�� .;fi�1�1`: IF iP! `k..^� a Et w xa'"� '; r�n L;1�- yr� Jn r � x, `'3' .�, a I �\ � g;�Jl i°'�� •�I a x K r j r �+% a �`Sx x.: Y .♦- - �1 F'+ `SZ"`Y d3i1' F {I ',. -�'� � q� ;�, :1�. �t `� a rP�� ,�± •irk': "4 - y. ,..>_ ^. ii` is ,�w.= �'�m if. dpi -i_'tn iy y � � �; �4t'-f ��1 r - Agenda Item No. 7A September 26, 2006 Page 224 of 225 EXHIBIT 3 (TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS) Agenda Item No. 7A September 26, 2006 Paae 225 of 225 SUBORDINATION, JOINDER AND CONSENT The undersigned, being the owner and holder of: (1) a mortgage from Basil Street Partners, LLC to the undersigned recorded in Official Records Book 3404, Page 2329; as modified by a Notice of Future Advance recorded in Official Records Book 3519, Page 0734; as further modified by a Notice of Future Advance recorded in Official Records Book 3595, Page 2678; a Mortgage Modification Agreement and Notice of Future Advance recorded in Official Records Book 3866, Page 1718; and a Notice of Future Advance recorded in Official Records Book 3901, Page 2633; all of the Public Records of Collier County, Florida; and (2) a mortgage from Antaramian Capital Partners, LLC recorded at Official Records Book 2704, Page 2001; as modified by a Notice of Future Advance recorded in Official Records Book 2896, Page 2076; as further modified by a Mortgage Modification Agreement recorded in Official Records Book 3406, Page 2600; and a Mortgage Modification Agreement and Notice of Future Advance recorded in Official Records Book 3901, Page 2637; all of the Public Records of Collier County, Florida (collectively the "Mortgage "), which encumbers in part, the land described on Exhibit "A" to the Declaration of Covenants, Conditions and Restrictions (the "Declaration "), to which this instrument is attached, hereby subordinates the Mortgage to the Declaration and joins in and consents to the declarations, covenants, conditions, restrictions and other terms thereof and agrees that in the event of foreclosure of the Mortgage against, or its acquisition of title to the land described in Exhibit "A" as a result of a deed in lieu of foreclosure, it and/or its successors and assigns will be bound by the provisions of the Declaration. Signed, Sealed and Delivered in the Presence of: AMSOUTH B n Alab corporation fitness #1 T o nT9s AinlZy, V ce Preside SANDRA H. VAN HORN Printed Name of Witness 91 / (corporate seal) it berry Best Printed Name of Witness #2 banking Agenda Item No. Sit September 26, 2066 Page 1 of 3 EXECUTIVE SUMMARY Public Hearing for the Board of County Commissioners to consider and decide whether Collier County should exempt itself from the provisions of F.S. § 316.2123 that generally permits the operation of All- Terrain Vehicle use on unpaved public roads under specified conditions and restrictions therein, which takes effect on October 1, 2006. OBJECTIVE: To conduct a public hearing to receive input and to make a determination as to whether the County should exempt itself from the provisions of F.S. § 316.2123, which generally allows the operation of All- Terrain Vehicles on unpaved public roads during the daytime where the posted speed limit is less than 35 miles per hour, along with other restrictions specified therein. The effective date of this statute is October 1, 2006. CONSIDERATIONS: At the conclusion of the regular meeting of the Board of County Commissioners on September 13, 2006, the Commissioners directed the County Manager to publicly notice a hearing for the September 26, 2006 board meeting to consider whether the County should exercise its right to exempt itself from F.S. § 316.2123. The County may elect to exempt itself from the provisions of F.S. § 316.2123 by a majority vote, following a publicly noticed hearing. --- FISCAL IMPACT: Unknown. GROWTH MANAGEMENT IMPACT: Unknown. RECOMMENDATION: That the Board of County Commissioners conduct a public hearing to consider whether Collier County should exempt itself from the provisions of F.S. § 316.2123, which otherwise becomes effective on October 1, 2006. Prepared By: Scott R. Teach, Assistant County Attorney Agency ilrem No. SA E,pPTernner 26, 21;06 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8A Item Summary: This item to be heard at 1:00 p.m. Public Hearing for the Board of County Commissioners to consider and decide whether Collier County should exempt itself from the provisions of F.S. 316.2123 that generally permits the operation of All- Terrain Vehicle use on unpaved public roads under specified conditions and restrictions therein, which takes effect on October 1. 2006 Meeting Date: 9/26/2006 9.00:00 AM Prepared By Scott R. Teach Assistant County Attorney Data County Attorney County Attorney Office 9/1312006 2:56:44 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 9115/2006 9:01 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 9/15/2006 9:18 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911512006 9:34 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1512006 9:39 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9115/2006 4:13 PM Agenda item No. 6A September 26, 2006 Page 3 of 3 House Bill 7079 316.2123 Operation of an ATV on certain roadways. -- (1) The operation of an ATV, as defined in s. 317.0003, upon the public roads or streets of this state is prohibited, except that an ATV may be operated during the daytime on an unpaved roadway where the posted speed limit is less than 35 miles per hour by a licensed driver or by a minor under the supervision of a licensed driver. The operator must provide proof of ownership pursuant to chapter 317 upon request by a law enforcement officer. (2) A county is exempt from this section if the governing body of the county, by majority vote, following a noticed public hearing, votes to exempt the county from this section. History. - -s. 14, ch. 2006 -290. A aenda Item No. 8B September 26, 2006 Page 1 of 200 EXECUTIVE SUMMARY PUDZ - 2005 -AR -8337, Brooks Village CPUD, Sembler Florida, Inc., represented by Dwight Nadeau of RWA, Inc., is requesting a rezone from the Estates (E) zoning district to the Commercial Planned Unit Development (CPUD) zoning district for a proposed commercial shopping center to be known as Brooks Village CPUD. The subject property, consisting of 22.7 acres, is located on the southwest quadrant of the intersection of Collier Boulevard and Pine Ridge Road, in Section 15, Township 49 South, Range 26 East, Collier County, Florida. COMPANION ITEM: DEVELOPERS CONTRIBUTION AGREEMENT (DCA) OBJECTIVE: The petitioner seeks to rezone from Estates (E) to Commercial Planned Unit Development (CPUD) known as Brooks Village CPUD. CONSIDERATIONS: The proposed. Brooks Village CPUD is located in Golden Gate Estates (Unit 26) on the southwest quadrant of the intersection of Collier Boulevard (CR -951) and Pine Ridge Road (CR- 896) and is bordered on the south by 11`" Avenue S.W., on a 22.7 acre tract of land that is identified as a Neighborhood. Center Subdistrict of the Golden Gate Area Master Plan in the Collier County Growth Management Plan (GMP). The Neighborhood. Center Subdistrict has been established to provide a variety of C -1, C -2, and C -3 uses to the residents within the Golden Gate Estates. The Neighborhood Center Subdistrict incorporates a variety of standards for access, open space, buffering, preservation areas, stormwater management, building height, architectural design, prohibited uses which provides for the compatibility of these commercial activities within these predominately residential areas. The subject property is currently undeveloped but portions of the site have been disturbed by clearing. The proposed PUD incorporates the requirements of the Neighborhood Center Subdistrict, and will provide basic goods and services to the residents in the Estates. The petitioner and their legal counsel worked with the Transportation Services Division and the County's legal staff to draft a Developers Contribution Agreement (DCA) that is accompanying this application in exchange for production of infrastructure and contributions by the developer. The DCA (Exhibit A of Executive Summary) represents a negotiated contract between the County and the developer that will optimize advantages for both parties. This agreement will allow the County to obtain commitments on behalf of the developer to provide for public infrastructure. For the developer, this agreement will provide a critical lock -in of transportation impact fee credits, which allows a degree of regulatory certainty. PUDZ- 2005 -AR -8337 Brooks Village CPUD BCC Hearing 9 -26 -2006 Page 1 of 6 t,genda :terry No. 8B September 26, 2006 Page 2 of 200 Embodied in the DCA is the public benefit contributions which consist of 20 feet of right -of -way and a 10 -foot shared slope and construction easement along the Pine Ridge Road frontage, up to 5 feet of right -of -way and a 10 foot shared slope and construction easement along the Collier Boulevard frontage, $25,000 contribution for Collier Boulevard and Pine Ridge Road intersection signalization and construction project and construction of a CAT bus shelter. Also, the Developer is providing storm water management for the full width of the right -of -way of the Pine Ridge Road improvement project along the entire frontage of the Development on Pine Ridge Road. Neither purchase price nor Impact Fee Credits will be payable to the developer for these contributions, which have been estimated to have a fair.market value of $500,000. In recognition of the developer's contributions, after expiration of all appeal periods for this CPUD Ordinance without an appeal filed and within thirty (30) days of said expiration, developer shall pay to the County fifty percent (50 %) of the estimated transportation impact fees due for 60,000 gross leasable square feet of authorized commercial uses determined by the developer. Upon payment of these estimated impact fees, the County shall issue an Adequate Public Facilities Certificate for transportation concurrency for 60,000 gross leasable square feet of the authorized commercial uses. The developer shall pay the balance of the estimated transportation impact fees at the rate then in effect within the earlier of three years from the first payment or upon application for building permits. The associated DCA will allow the County and developer to negotiate within controlled limits and expectations of the development project. FISCAL IMPACT: The rezoning of this property to a CPUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. The impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. The developer has entered into a voluntary DCA with the County which the public benefit contributions consist of a 40 feet by 100 feet raw water well easement, 20 feet of right -of -way and 10 -foot shared slope and construction easement along the Pine Ridge Road frontage, up to 5 feet of right -of -way and a 10 foot shared slope and construction easement along the Collier Boulevard frontage, $25,000 contribution for Collier Boulevard and Pine Ridge Road intersection signalization and construction project and construction of a CAT bus shelter. Neither purchase price nor Impact Fee Credits will be payable to the developer for these contributions, which have been estimated to have a fair market value of $500,000. PUDZ- 2005 -AR -8337 Brooks Village CPUD BCC Hearing 9 -26 -2006 Page 2 of 6 item No. SB September 26; 2006 Page 3 of 200 GROWTH MANAGEMENT IMPACT: The subject property is designated Estates (Estates — Mixed -Use District, Neighborhood Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). The Neighborhood Center Subdistrict permits commercial intermediate uses and Conditional Uses of the Estates zoning district subject to specific development standards. The intent of the Neighborhood Center Subdistrict is to allow for development to provide basic goods, services and amenities to Estates residents while maintaining the semi -rural character of the area. This includes "intermediate commercial so as to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic ... uses shall be similar to C -1, C -2 or C -3 ". Based upon the above analysis, the proposed uses and development standards may be deemed consistent with the Golden Gate Area Master Plan (GGAMP). ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and has incorporated safeguards within the PUD document to insure compliance with the environmental regulations that are incorporated in Environmental Section 5.6 of the PUD document. The Environmental Advisory Council reviewed this petition on May 3, 2006. The EAC directed the petitioner to (1) look at the shape and location of the retention and preserve area and determine if the preserve area can be bigger and not designed as a strip; (2) Consider tree preservation in the parking areas, recognizing there may be elevations /fill issues. The EAC also directed staff to present to the EAC the Environmental Resource Permit from the South Florida Water Management District when it is approved. TRANSPORTATION ISSUES; The Transportation Services Division has reviewed the Petitioner's Traffic Impact Statement (TIS) and has determined that the proposed rezoning will generate 7,615 average daily trips on a weekday. As a result, this petition is consistent with Policy 5.1 of the Transportation Element. The analysis shows that Collier Boulevard (CR -951) south of Pine Ridge Road is projected to have site generated trips that will not lower the level of service (LOS) below any adopted LOS standard. Therefore, the applicant has complied with the GMP requirements and has incorporated safeguards in the CPUD Document to ensure development will be consistent with the GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition at the regular meeting of the CCPC on August 3, 2006. The CCPC approved the CPUD with a motion of 7 -0 with the following recommendations that the applicant has incorporated into the CPUD document and Master Plan. 1. The southern one- hundred (100) feet of Tract 114 shall be restricted to non - pervious use. PUDZ- 2005 -AR -8337 Brooks Village CPUD BCC Hearing 9 -26 -2006 Page 3 of 6 Agenda Item No. 8B September 26, 2006 Page 4 of 200 2. CPUD Document shall be updated prior to the BCC hearing with all the stipulations that were discussed and approved by the applicant and read into the record. 3. County well site shall be removed from the entry location on 1 Ith Avenue S.W. 4. The Master Plan shall be conceptual to the extent that the building envelopes can change up to twenty -five (25) percent. 5. Off -site traffic improvements will be completed prior to the commencement of any on- site activity. 6. No single use shall be greater than 60,000 square feet and maximum building size shall be no greater than 60,000 square feet with a minimum separation of thirty (30) feet. 7. Hours of operation shall be limited for deliveries from 6:00 A.M. to 10:00 P.M. and customer operations shall be limited to 6:00 A.M. to 12:00 A.M. (midnight). 8. Adult video stores shall not be pennitted. 9. Developer has donated a school bus stop wherever the School Board chooses and can be built in conjunction with Phase One or Phase Two of the development. 10. There shall be two Phases of the project: Phase One's Certificate of Occupancy shall be limited to 60,000 square feet. Once the six -lane of Collier Boulevard (C.R. 951) is complete the Developer may apply for a Certificate of Occupancy for Phase Two. 11. The entry sign for the project shall be seventy -five (75) feet from 11th Avenue S.W. 12. Developer has agreed to contribute fifty (50) cents per square foot to the affordable housing trust fund. In the event the County adopts a linkage fee, this commitment is applied to that linkage fee. The petitioner has submitted their proposed alternatives to the CCPC decision which are Exhibit B (proposed language of CPUD document) and Exhibit C (proposed Master Plan). LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapters 10.03.05 and 10.02.13.13.5 of the LDC. These evaluations are completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: • The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. Pro: The Collier County Planning Commission (CCPC) has detennined that the proposed CPUD is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Con: None Findings: Based on staff s review the proposed development would be in compliance with the FLUE of the GMP. PUDZ- 2005 -AR -8337 Brooks Village CPUD BCC Hearing 9 -26 -2006 Page 4 of 6 Agenda item No. 6S September 26, 200; Page 5 of 200 • The proposed land uses are compatible with the existing land use pattern. Pro: The existing land use designation is Estates (Mixed Use District -- Neighborhood Center Subdistrict) and the GMP encourages the project area to be rezoned to commercial in the form of a PUD. Therefore, if the rezone to CPUD is approved, Brooks Village CPUD will be consistent with existing land use per the GMP. Con: Land use patterns are influenced by several key factors such as land ownership and the County's GMP goals and objectives. Based on the Golden Gate Area Master Plan ( GGAMP), staff has not found incompatible uses. While consistent with the GGAMP some of the neighborhood residents indicated that the proposed commercial development is not compatible with their residential neighborhood. Findings: Land use patterns involve zoning and transportation infrastructure planning to ensure that land is used efficiently for the benefit of the wider economy and population as well as to provide basic goods and services to the district. The CPUD document contains language that guarantees the project will remain consistent with the GMP's goals and objectives the proposed land uses are compatible with the existing land use pattern. • The proposed change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. Pro: Transportation Division evaluated this project and took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent based on the Development Commitments provided in the CPUD document (i.e. dedication of Right -of -Way, turn lanes and traffic signals). Con: The goals of the residents who live on 11th Avenue S.W. have opposing opinions which also differ from CCPC recommendation of access being restricted on l lth Avenue S.W. A number of the residents who live on 11th Avenue S.W. are in favor of the development having an ingress /egress access on 11 Avenue S.W. whereas a particular group of residents do not want access on 11th Avenue. S.W. Findings: The Traffic Impact Statement indicates that the generated trips will not lower the level of service (LOS) below any adopted LOS standard. Therefore, the applicant has complied with the GMP requirements and Policy 5.1 and 5.2 of the Transportation Element of the GMP. In addition, the Golden Gate Area Master Plan's criteria for the Neighborhood Center at the corner of Pine Ridge Road and Collier Boulevard (C.R. 95 1) states that Tract 114, Unit 26, access shall be restricted to I lth Avenue S.W. as well as vehicular interconnection to the adjacent property(s). • Whether changed or changing conditions make the passage of the proposed amendment necessary. PUDZ 2005 -AR -8337 Brooks Village CPUD BCC Hearing 9 -26 -2006 Page 5 of 6 oenda diem No. 8B September 26, 2006 Page 6 of 200 Pro: The proposed zoning change to CPUD is appropriate based on the growth and development trends in the Estate district and future groAvth indicates a demand for commercial uses within the district. Con: There are no associated conditions to make this amendment necessary. Findings: The intent of the neighborhood district is to allow for development to provide basic goods, services and amenities to Estate residents while maintaining the semi -rural character of the area. RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDZ- 2005 -AR -8337 as described by the attached Ordinance of Adoption and exhibits thereto, the Brooks Village CPUD regulatory document. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review PUDZ- 2005 -AR -8337 Brooks Village CPUD BCC Hearing 9 -26 -2006 Page 6 of 6 Apenda Item No. oE1, Sepiernner ZJ, Pace 7 of 200 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8B Item Summary: This item requires that all participants be sworn in and ex parts disclosure be provided by Commission members. Petition; PUDZ - 2005 -AR -8337, Sembler Florida. Inc., represented by Dwight Nadeau of RWA, Inc„ is requesting a rezone from the Estates (E) zoning district to the Commercial Planned Unit Development (CPUD) zoning district for a proposed commercial shopping center to be known as Brooks Village CPUD. The subject properly, consisting of 22.7 acres, is located on the southwest quadrant of the intersection of Collier Boulevard and Pine Ridge Road, in Section 15, Township 49 South, Range 26 East, Collier County, Florida. Meeting Date: 912612006 5:00:00 AM Prepared By Melissa Zone Principal Planner Date Community Development & Zoning 8 Land Development Review 9113/2006 1 0:5G:57 AM Environmental Services Approved By Marjorie M. Student - Stirling Assistant County Attorney Date County Attorney County Attorney Office 9113/2006 4:15 PM Approved By Ray Bellows Chief Planner Date Community Development & Zoning & Land Development Review 9113/2006 4:19 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/13/2006 8:25 PM Approved By Susan Murray. AICP Zoning & Land Development Director Date Community Development 8 Zoning &Land Development Review 911412006 7:57 AM Environmental Services Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9114/2006 9:40 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 9114/2006 4:53 PM Approved By Community Development 8 Joseph K. Schmitt Environmental Services Administrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/14/2006 8:09 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9115/2006 9:27 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/1812006 8:26 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911812006 7:26 PM Commissioners Aaenda item 114'o. 8B September 26, 2006 Page 8 of 200 --t Co e-r County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MAY 18, 2006 SUBJECT: PETITION PUDZ- 2005 -AR -8337, BROOKS VILLAGE CPUD OWNER: LDJ Associates, LTD. C/O A.E. Brooks 11915 S.W. 82 Road Miami, FL 33156 CONTRACT PURCHASER: Sembler Florida, Inc. 5858 Central St. Petersburg, FL 33707 REQUESTED ACTION: AGENT: Dwight Nadeau RWA, Inc. 6610 Willow Park Drive Suite 200 Naples, FL 34109 The petitioner is requesting a rezone from Estates "E" to Commercial Planned Unit Development (CPUD) to be known as the Brooks Village CPUD. GEOGRAPHIC LOCATION: The subject property is located in Golden Gate Estates (Unit 26) on the southwest quadrant of the intersection of Collier Boulevard (CR -951) and Pine Ridge Road (CR -896) and is bordered on the south by 11`" Avenue S.W.. Section 15, Township 49 South, Range 26 East, Collier County, Florida. (See attached location map on the following page) PUDZ- 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 1 of 17 Agenda Item No. 8S September 26, 2006 Page 9 of 200 To be switched out for Location Man PURPOSE /DESCRIPTION OF PROJECT: PUDZ- 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 2 of 17 L;ae;ica item No. gS September 26, 2006 Pace 10 or 200 The proposed rezoning to CPUD will pen-nit land uses that are consistent with the GMP and LDC. The Brooks Village CPUD is proposed to provide a maximum of 119,270 square feet of intermediate commercial and retail uses. This 22.7 acre project is planned to be completed by 2008. The subject site is currently undeveloped but portions of the site have been disturbed by clearing. As depicted on the conceptual Master Plan (Exhibit "C ") access to the project will be from Pine Ridge Road and from 11 Avenue S.W. Currently, the surrounding neighborhood is zoned Estates (E) and developed with single- family homes, much of which is subdivided in 2.5 acreage sized parcels, except for the property just north of the CPUD which is zoned Commercial (C -3). Pine Ridge Road and Collier Boulevard (C.R. 951) constitutes a distinct boundary that is suited for general commercial development that will provide basic goods and services to the residents in the Estates. SURROUNDING LAND USE AND ZONING: Subject Parcel: Vacant property zoned Estates (E) Surrounding- North: Improved Commercial, zoned C -3 South: Single - family residential, zoned Estates (E) East: Single - family residential, zoned Estates (E) West: Single- family residential, zoned Estates (E) GROWTH MANAGEMENT PLAN CONSISTENCY: PUDZ- 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 3 of 17 (;TH- E �TR�H VE -SW� E -SW E w m PINE= R•ID'fiiE -R L, LL I w I HI•T -E -BL D ci± w E E ( J E f E 11TH -A f EL5 W 1 1 T H L E -S LY Ij t I s ilt 13T11- AVE I -5•W II 111 E I i f( 13TH II VE•5W 1111 T I GROWTH MANAGEMENT PLAN CONSISTENCY: PUDZ- 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 3 of 17 Agenda Item No. 8B September 26, 2006 Page 11 of 200 The subject property is designated Estates (Estates - Mixed Use District, Neighborhood Center Subdistrict), as identified on the Future Land Use Map in the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan. Relevant to this petition, the Neighborhood Center Subdistrict permits neighborhood commercial uses and conditional uses of the "E" zoning district, subject to specific development standards. The intent of the Neighborhood Center Subdistrict is to allow for development to provide basic goods, services and amenities to Estates residents while maintaining the semi -rural character of the area. This includes "intermediate commercial so as to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic ... uses shall be similar to C -1, C -2 or C -3 ", though some uses are specifically prohibited; and, conditional uses in the "E" zoning district. Analysis of the Neighborhood Center Criteria: Below are the applicable criteria, followed by Comprehensive Planning staffs analysis - Commercial uses shall be limited to intermediate commercial so as to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C -1, C -2, or C -3 zoning districts outlined in the Land Development Code (LDC) and listed in the CPUD Document. - The following uses are prohibited within Neighborhood Centers and the CPUD: Drinking Places (5813) and Liquor Stores (5921) Mail Order Houses (5961) Merchandizing Machine Operators (5962) Power Laundries (7211) Crematories (7261) (Does not include non - crematory Funeral Parlors) Radio, TV Representatives (73 13) and Direct Mail Advertising Services (7331) NEC Recreational Shooting Ranges, Waterslides, etc. (7999) General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) Elementary and Secondary Schools (8211), Colleges (8221), Junior Colleges (8222) Libraries (823 1) Correctional Institutions (9223) Waste Management (9511) Homeless Shelters and Soup Kitchens. The Neighborhood Center located at the intersection of Pine Ridge Road and Collier Boulevard may be developed at 100% commercial and must provide internal circulation. Any rezoning is encouraged to be in the form of a PUD. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its entirety. CONCLUSION: PUDZ- 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 4 of 17 Ja 14 N M1 N 02 F 'm ?E LEG ND l ES TIN WE omml a•TE r *PI Rwr RROR8 mO aMla: 1Rµ 443"T O0101C4. Lle1LTMCT ElS41Ta B47B1M MMe1Tme mlm CMACIRQ�L se NSIMI= •� LOOGTACT I 8 1111111 013C M& DDwv vwW% v II��GG CaSIOaO+t MAEur"VT R41OlLL YWLNMO a IIDITEN Om tOYJ01G+1 8110TIR C1 I;BiTE1B N4n 14MC Matt PJW uss wamcr /1151111 FS AIM ` 11 R 91.mcm= `'k.00 Comm OQA1T' Iwo IWEP04k11f +Clatrr carE+ AS m ww M 0ft"ry MCC OWPEHE 1 VE POIL Mat 1141 MN LWW S I"WPPEW W"Cur M wx ftKIMIL N M l 40 LMD WE W93WTM DESCIPIpI =Tom OP TMG OO1Oa1 tali 4GM "I m INi{ M C1n m3 m - R0M44tlr, 1411 dilbu - MMt IL Im 4CHM - MIT SL IM MOLD - au 9T, iN1 APRIL M Iw Ni]DE➢ - 4YW it IMa 40M - 1P1L 1L IMF 40® - > ®Deal L IM 4i1Cm - ilYC4 >L /MM 44MM - NLI B em MAM 13. 1001 NIBCW - KW It 20M rauam - sprom1 Iq 2= OML M1 " -MOM - BG@/V DL 9001 am 26WR .Mw - &MlwPr EL 2114 eML Mn soo�a NAP 2 a 114. 2 146 PPEPAPO 1R SPAPBCS +1a TMWAL PPPW IEIMIN ca""rr waMEWT 40 EliMONOrAL SD*u U46M I'm oww-awl -lara PNL. 7,HOw RBsE ' R 27E PUDZ- 2005 -AR -8337 Brooks Village CPUD Agenda Item No. SB September 26, 2006 Page 13 of 200 GOLDEN GATE AREA FUTURE LAND USE AIAP >wM Page 6 of 17 ass E May 18, 2006 CCPC Hearing Agenda item No. 8B September 26, 2006 Page 14 of 200 ANAi,VSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Section 10.02.13 and Section 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC will also use these criteria as the basis for their recommendation. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit `B "). Environmental Analysis: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staff's recommendations and addresses safeguards in the Document and for this reason the CPUD is consistent with the LDC and GMP. Environmental Advisory Commission (EAC): The EAC heard this petition on May 3, 2006. EAC directed the petitioner to: 1. Look at the shape and locations of the retention area and Preserve area (determine if the Preserve can be bigger instead of a strip) 2. Consider tree preservation in the parking areas, recognizing there may be elevation/fill issues. EAC directed staff to present the Environmental Resource Permit from the South Florida Water Management District for this project to the EAC during a regular meeting when it is approved. Utility Issues: The Utilities Department staff has reviewed the petition and notes the following: This project is located within the Collier County Water and Sewer District Boundary. Currently there is an existing 16 -inch water main along Pine Ridge Road. Wastewater transmission main along Pine Ridge Road and Collier Boulevard does not exist; however, sewer availability is subject to construction and placement into service of a proposed 12 -inch sanitary force main along Pine Ridge Road that is anticipated to be built in 2008 -2009 (according to the County Master Plan). Collier County Public Utilities does not guarantee a time frame for construction of its capital projects. Zoning and Land Development Review Analysis: The proposed rezoning to CPUD will permit land uses that are consistent with the GMP and LDC. Based on staffs review of the adjacent existing and anticipated land uses, staff is of the opinion that the proposed CPUD is compatible. Currently, the surrounding neighborhood is zoned Estates (E) and developed with single - family homes, much of which is subdivided in 2.5 acreage sized parcels, except for the property just north of the CPUD which is zoned Commercial (C -3). Pine Ridge Road and Collier Boulevard (C.R. 951) constitutes a distinct boundary that is suited for general commercial development that will provide basic goods and services to the residents in the Estates. (See Exhibit "E" — Map of Brooks Village CPUD within the Golden Gate Neighborhood Center). Neighborhood Centers can be utilized as a transition zone between commercial and residential uses. The commercial uses associated with this CPUD would be most appropriate on Pine Ridge Road and Collier Boulevard since the majority of the residential homes are set -back enough as not to be visible from a major collector road. PUDZ- 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 7 of 17 Agenda Item No. 8B September 26, 2006 Page 15 of 200 The neighborhood center designation is intended to strengthen the Estate's residential neighborhoods and make them the major building blocks of the community. Brooks Village CPUD proposes to provide a variety of neighborhood level shopping and service opportunities; the kind of business that encourage residents to remain in the community instead of having to travel across town. A number of concerns were raised during the Neighborhood Information Meeting that was held on November 16, 2005, which was on the subject of commercial development in the neighborhood. The homeowners preferred an increase in the landscape buffer along the western boundary of the property; the developer agreed and the CPUD has been revised to augment the western boundary buffer with a 75 foot buffer. Another concern was water and sewer service to surrounding property owners; the developer agreed and the CPUD has been revised to provide a raw water well easement that will be designed, constructed, conveyed, owned and maintained per the LDC. Another concern was the increase in traffic along 11th Avenue S.W.; the developer took into account the residents apprehension regarding traffic; however the reconfiguration of the preserve area, right -of -way dedications and improvements for safe ingress and egress make it impossible to reposition the turn lane. Development standards for neighborhood centers are intentionally stringent, especially buffer requirements in an effort to maintain the character of the Estates and to protect the adjacent residential development from impacts of commercial development, which this CPUD have fulfilled. The CPUD Document ensures that the neighborhood center fulfills the intended function and meets the needs of the intended customer base which can positively affect the way the community continues to build out and develop. The proposed CPUD is planned to balance the interest of the residential community while protecting the quality of the district by keeping local traffic within the area which in turn adds to the success of the neighborhood. Developers Contribution Agreement (DCA): The petitioner and their legal counsel are working with the County's legal staff to draft a Developers Contribution Agreement (DCA) that will accompany this application in exchange for production of infrastructure and contributions by the developer. The DCA represents a negotiated contract between the County and the developer that will optimize advantages for both parties. This DCA ought to be regarded as a planning and development tool designed to clarify the terms of development for the developer and the County. In essence, this contract between the County and the developer, executed as part of the development process, details what fees, exactions and improvements the developer will apply to the CPUD. This agreement will allow the County to obtain commitments on behalf of the developer to provide for public infrastructure not available under the standard statutory land use framework. For the developer, this agreement will provide a critical lock -in of transportation impact fee credits, which allows a degree of regulatory certainty that is lacking in the development process. Staff's is of the opinion that this DCA will establish an innovative attempt at public - private cooperation in land development and planning. Embodied in the DCA is the public benefit contributions which consist of a 40 feet by 100 feet raw water well easement, 20 feet of right -of -way and a 10 -foot shared slope and construction easement along the Pine Ridge Road frontage, up to 5 feet of right -of -way and a 10 foot shared slope and construction easement along the Collier Boulevard frontage, $25,000 contribution for Collier Boulevard and Pine Ridge Road intersection signalization and construction project and construction PUDZ- 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 8 of 17 Agenda Item No. 8D September 26, 2006 Pace 16 of 200 of a CAT bus shelter. Neither purchase price nor Impact Fee Credits will be payable to the developer for these contributions, which have been estimated to have a fair market value of $500,000. In recognition of the developer's contributions, after expiration of all appeal periods for this CPUD Ordinance without an appeal filed and within thirty (30) days of said expiration, developer shall pay to the County fifty percent (50 %) of the estimated transportation impact fees due for 60,000 gross leasable square feet of authorized commercial uses determined by the developer. Upon payment of these estimated impact fees, the County shall issue an Adequate Public Facilities Certificate for transportation concurrency for 60,000 gross leasable square feet of the authorized commercial uses. The developer shall pay the balance of the estimated transportation impact fees at the rate then in effect within the earlier of three years from the first payment or upon application for building permits. The associated DCA will allow the County and developer to negotiate within controlled limits and expectations of the development project. A resolution to funding public infrastructure and amenities that represents a mechanism for private funding of public goods. Alternatively, this agreement may be seen as cooperative efforts by the public and developer to provide mutually beneficial goods. NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The applicant held the required NIM on November 16, 2005 at 5:30 PM at the Golden Gate Community Center. Approximately 30 people attended, as well as the applicant's agent and county staff. Members of the audience prefaced the agent's presentation with comments of opposition to increased traffic impacts on l Ith Avenue S.W. Several area property owners stated they are opposed to project access on 1 Ith Avenue S.W. because of traffic, crime, and health and safety issues that may impact their school -aged children. The question of changing the access point to Collier Boulevard behind the project was asked several times. Sembler Company's Vice President and representative, Joseph Filippelli who fielded most of the questions, responded they would look into that possibility. Other commitments made by the applicant and /or his agent, Dwight Nadeau included: • The "possibility" of increasing the landscape buffering over the required amount on the western perimeter of the site property • The water retention "lake is to be fenced" • The development's tenants will be "upscale /high end" • Will "reasonably limit delivery and operation hours" • "Consider" supplying water and sewer service to surrounding property owners • Sembler Company will be a " partner in the development; involved in leasing and property management" Some of the neighboring property owners still expressed they would organize to oppose the rezone and proposed development. Mr. Filippelli stated willingness to meet with neighbors to work on compromises, including holding another NIM if desired. STAFF RECOMMENDATION: PUDZ - 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 9 of 17 Agenda Item Pao. 8B September 26, 2006 Page 17 of 200 That the Collier County Planning Commission (CCPQ forwards a recommendation of approval of petition PUDZ -05 -AR -8337 Brooks Village CPUD subject the conditions of approval that have been incorporated in the PUD document. LIST OF STAFF REPORT EXHIBITS: Exhibit "A"— Rezone Findings Exhibit `B" — PUD Findings Exhibit "C" — PUD Master Plan Exhibit "D" — Property Owner Authorization Exhibit `B" — Map of Brooks Village CPUD within the Golden Gate Neighborhood Center PREPARED BY: PUDZ- 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 10 of 17 Aaenda item No. SE3 September 26 2006 Paoe 18 of 200 MELISSA ZONE, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the June 20, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: Mark P. STRAIN, CHAIRMAN EXHIBIT "A" REZONE FINDINGS PUDZ - 200 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page I 1 of 17 Agenda Item No. IIS September 26; 2006 Page 19 of 200 PETITION PUDZ-05 -AR -8337 Section 10.0' ).05 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. The Comprehensive Planning Department has indicated that the proposed CPUD is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern; The existing land use is Estate designation and the GMP encourages the project area to be rezoned to commercial in the form of a PUD. Therefore, if the rezone to CPUD is approved, Brooks Village CPUD will be consistent with existing land use per the GMP. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The subject property is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The subject site is surrounded by commercial and residential land uses. Therefore, the proposed PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed zoning change to CPUD is appropriate based on the growth and development trends in the Estate district and future growth indicate a demand for commercial uses within the district. Furthermore, the subject PUD has a positive relationship to the GMP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; PUDZ- 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 12 of 17 nenaa Item No. BE September 26, 2006 Page 20 of 200 The 3.1 acre preserve area and landscaping requirements contained in the CPUD document are intended to mitigate and reduce any adverse impact to the living conditions in this district. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Transportation Department evaluated this project and took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent based on the Development Commitments provided in Exhibit C (i.e. dedication of Right -of -Way, turn lanes and traffic signals). 8. Whether the proposed change will create a drainage problem; The project is required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created since the project will be constructed in accordance with the permit. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The CPUD Document contains requirements that the project will be provide with 3.1 acreage of preserves. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. However, staff is of the opinion that this petition will not adversely affect property values based on the projects consistency with the Growth Management Plan. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone is approved. PUDZ- 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 13 of 17. Agenda item No. 8S September 26, 2006 Page 21 of 200 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The GMP encourages the Corner of Pine Ridge Road and Collier Boulevard (C.R. 95 1) to be developed at 100 % commercial. The proposed rezone to CPUD complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with said plans. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The current zoning is Estate but the Golden Gate Area Master Plan (Ordinance 04 -71) and the FLUE recognizes the need to provide basic goods, services and amenities to Estate residents and has identified the project site as a Neighborhood Center. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD is designed in a manner that is compatible with surrounding property in size and scale. It is also consistent with the FLUE of the Growth Management Plan. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. As stated in the staff report, this site is the subject of a specific GMP Neighborhood Center Subdistrict. The Subdistrict is designed to accommodate the specific needs of the Estate district. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. While site conditions may restrict the location and square - footage of the buildings, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. PUDZ- 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 14 of 17 Agenda Item No. 8B September 26, 2006 Page 22 of 200 A multi - disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. EXHIBIT "B" FINDINGS FOR PUD PUDZ- 05 -AR- 8337 PUDZ - 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 15 of 17 Agenda Item No. 8B September 26, 2006 Page 23 of 200 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The site location provides a distinct boundary that is suited for commercial uses and the applicant had agreed to all necessary easements, dedications and other instruments to insure the continued operation and maintenance of all services and all common areas in the project. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the Brooks Village CPUD application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives _._ and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The 3.1 acres of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy �- of available improvements and facilities, both public and private. PUDZ- 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 16 of 17 Agenda Item No. 83 September 26, 2006 Paae 24 of 200 The proposed Brooks Village CPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Infrastructure will be in place on the property and in the vicinity and its sufficiency will be determined at the time of SDP approval. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The criteria requires an evaluation of the extent to which development standards and deviations proposed for the Brooks Village CPUD will be required for the most similar zoning district. The CPUD development standards are similar to those standards. PUDZ - 2005 -AR -8337 Brooks Village CPUD May 18, 2006 CCPC Hearing Page 17 of 17 Agenda Item No. 8B September 26, 2006 Page 25 of 200 Co ev CO., SUPPLEMENTAL STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: AUGUST 3, 2006 SUBJECT: PETITION PUDZ- 2005 -AR -8337, BROOKS VILLAGE CPUD SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission (CCPC) heard the Brooks Village CPUD petition at the -� June 15, 2006 meeting. The petition was continued at the request of the petitioner's legal counsel to re- examine the PUD proposal and get together with the neighboring property owners and bring about a consensus for the proposed development. The applicant has revised the proposed CPUD Document (Exhibit A) which still allows for an array of uses that are consistent with the Golden Gate Master Plan. The revisions reflect the dialogue between the Planning Commissioners and applicants. Within Section II of the PUD Document, 2.6 Internal Vehicular Circulation has been removed since it conflicts with B.3 of the Statement of Compliance. Section III, under 3.2 Permitted Uses Item 10, Car washes was struck but added in item 15 under convenience stores with an accessory car wash. In Section II 3.3 Development Standards — Maximum Commercial Intensity was added to limit the overall project to no more than 105,000 square feet of gross leasable floor area. Table II Commercial Development Standards; the footnote for Architectural appurtenances has been removed. Section V under 5.6, Lighting, halogen lighting prohibited was added. This application to rezone from Estate (E) to a commercial PUD property is allowable in the Growth Management Plan (GMP) for commercial development under the Golden Gate Master Plan, Neighborhood Center. The purpose of the neighborhood center is to provide goods, services and amenities to Estates residents. Included in the supplemental staff report are letters of support from the surrounding residents. Also part of this report is a petition objecting to the proposed development center having access on I Vh Avenue S.W. This petition was presented by a resident at the June 15, 2006 CCPC hearing. A motion to accept this into evidence was made and approved. SUBSEQUENT NEIGHBORHOOD MEETING: PUDZ -06 -AR -8337, Brooks Village CPUD Supplemental Staff Report Page I of 4 Agenda 'tee N-). 3B September 26, 2006 Page 26 of 200 The applicant held a subsequent neighborhood meeting on July 10, 2006 at 7:00 PM at the Best Western on Pine Ridge Road. Approximately 30 people attended the meeting, 20 neighboring property owners attended, as well as the applicant, their agent and county staff. The meeting started with a presentation by The Sembler Company on the proposed Brooks Village CPUD and the likely patrons of the commercial project which then followed with an open discussion. Some of the neighboring property owners expressed concern about access for the proposed project being on 1 l th Avenue S.W. The majority of the residents were receptive to the proposed commercial development but wanted 11th Avenue access as a left turn only to reduce unwanted traffic. Another resident requested a gate just west of the entrance on the property line so that only the residents who live on the street will have access to 1 l th Avenue S.W. beyond the commercial development. The applicant, Mr. Filippelli stated a willingness to cooperate if Transportation Services approves the construction of a gate across the public right -of -way. A number of neighbors stated they could support the development because the allowable uses proposed are compatible with a residential neighborhood and wanted the services closer to their home. By the close of the meeting, some offered suggestions to the conceptual site plan and seemed amenable to working with the developer to reach optimal solutions. Another request was the expansion of the landscape particularly along 1 lth Avenue S.W.; another resident requested not just the enhancement of the buffers but to create a park like setting along the water retention area that abuts l Ith Avenue. Mr. Filippelli agreed to those terms and informed the residents that the hours of operation will be reduced and the lighting will be high -class feature with low pressure sodium lamps. Statements /commitments were made by a few of the neighbors that they would not support any development at the corner of Collier Boulevard (C.R. 951) and Pine Ridge Road (C.R. 896). Another resident who was not in support of the proposed development was concerned about traffic on Collier Boulevard and how the traffic flow would slow down the moving traffic on Collier Boulevard. The applicant conveyed to the resident that the county was expanding Collier Boulevard to six lanes and the expansion should help alleviate some of the slow moving traffic. BROOKS VILLAGE CONCILIATION: The developer agrees to improve l 1 th Avenue with enhanced landscaping, sidewalks, benches, decorative lighting and a meandering sidewalk that will connect the new school bus shelter to Collier Boulevard as well as 11"' Avenue S.W. Enhance buffering along all the entryways to create a lined boulevard (Exhibit B & Q. RECOMMENDATION: PUDZ -06 -AR -8337, Brooks Village CPUD Supplemental Staff Report Page 2 of Agenda stern No. 8B September 26, 2006 Page 27 of 200 The Department of Zoning and Land Development Review staff recommendation remains the same. The proposed CPUD is consistent with all elements of the Growth Management Plan (GMP) for a neighborhood center and is compatible with the surrounding neighborhood. Staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDZ- 2006 -AR -8337, subject to the conditions of approval that have been incorporated in the PUD Document. PUDZ -06 -AR -8337, Brooks Village CPUD Supplemental Staff Report Page 3 of 4 cenda Item 1'vo. 85 September 25, 2006 Page 28 of 200 PREPARED BY: MELISSA ZONE, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT- STIRLING DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION This petition is scheduled for the September 26, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK STRAIN, CHAIRMAN PUDZ -06 -AR -8337, Brooks Village CPUD Supplemental Staff Report Page 4 of 4 Agenda Item No. 6E3 September 26, 2006 Page 29 of 200 Co�. er County SUPPLEMENTAL STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JUNE 15, 2006 SUBJECT: PETITION PUDZ- 2005 -AR -8337, BROOKS VILLAGE CPUD SUPPLEMENTAL ANALYSIS: -- The Collier County Planning Commission (CCPC) was scheduled to hear the Brooks Village CPUD petition at the May 18, 2006 meeting. The petition was continued at the request of CCPC to present the proposed Developer Contribution Agreement (DCA) that the Board of County Commissioners will evaluate. RECOMMENDATION: The Department of Zoning and Land Development Review staff recommendation remains the same. The proposed CPUD is consistent with all elements of the Growth Management Plan (GMP) for a neighborhood center and is compatible with the surrounding neighborhood. Staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDZ - 2006 -AR -8337, subject to the conditions of approval that have been incorporated in the PUD Document. PUDZ -06 -AR -8337, Brooks Village CPUD Supplemental Staff Report Page 1 of 2 Agenda Item No. 3B September 26, 2006 Page 30 o'1200 PREPARED BY: MELISSA ZONE, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT - STIRLING DATE ASSISTANT COUNTY ATTORNEY RAY BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY 1STENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: DATE JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION This petition is scheduled for the July 25, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK STRAIN, CHAIRMAN PUDZ -06 -AR -8337, Brooks Village CPUD Supplemental Staff Report Page 2 of 2 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW COLLIERGOV NET Agenda item No. 83 September 26, 2006 Page 31 of 200 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 2 ( 6968 39) 403 -2400 FAX (239) 643- APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE (PUDZ) ❑ PUD TO PUD REZONE (PUDZ -A) PETITION NO (AR) PUDZ- 2005 -AR -8337 PROJECT NAME PROJECT #2005070036 PROJECT NUMBER DATE: 9/16/05 MICHAEL BOSI DATE PROCESSED ASSIGNED PLANNER APPLICANT INFOPMATION NAME OF APPLICANT(S) Joseph Filippelli, Sembler Florida, Inc. ADDRESS 5858 Central Avenue CITY St. Petersburg STATE FL ZIP 33707 TELEPHONE # (72 7) 384 -6000 CELL # FAX # (727) 345 -4937 E -MAIL ADDRESS: ifilippelli @sembler.com NAME OF AGENT Dwight Nadeau. RWA, Inc. ADDRESS 6610 Willow Park Drive, Suite 200 CITY Naples STATE FL ZIP 34109 TELEPHONE # (239) 597 -0575 CELL # FAX # (239) 579 -0578 E -MAIL ADDRESS: dhn @consult- rwa.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hearing For PUD Rezone 6/14/04 ASSOCIATIONS September 26. 200 F ngtC JL 1 G Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY _ _ STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Application For Public Hearing For PUD Rezone 6/14/04 Aaenda Item No. 8B September 26, 2006 b. If the property is owned by a CORPORATION, list the off btTtK aM00 stockholders and the percentage of stock owned by each. C. C� Name and Address Percentage of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address Application For Public Hearing For PUD Rezone 6/14/04 Percentage of Ownership I Ij Nn SE e. If there is a CONTRACT FOR PURCHASE, with an i' P e „ s. 0 rJ o6 individuals, a Corporation, Trustee, or a Partnership, list the h f�tobfoo the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Sembler Florida, Inc. 100% 5858 Central Avenue St. Petersburg, FL 33707 Craig H. Sher, DP Sembler Florida, Inc. 5858 Central Avenue St. Petersburg, FL 33707 Gregory S. Sembler, DVT Sembler Florida, Inc. 5858 Central Avenue St. Petersburg, FL 33707 Brent W. Sembler. DVS Sembler Florida, Inc. 5858 Central Avenue St. Petersburg, FL 33707 Jeffrey S. Fuqua, DV 1450 S. Johnson Ferry Rd, Ste 100 Atlanta, GA 30319 David E. Murphy, V Sembler Florida, Inc. 5858 Central Avenue St. Petersburg, FL 33707 Application For Public Hearing For PUD Rezone 6/14/04 Joseph A. Filippelli, V Sembler Florida Inc. 5858 Central Avenue St. Petersburg, FL 33707 Ronald P Wheeler S Sembler Florida Inc. 5858 Central Avenue St. Petersburg, FL 33707 Agenda Item No. 8B September 26, 2006 Page 35 of 200 Date of Contract: 6/2/2005 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ❑ leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Application For Public Hearing For PUD Rezone 6/14/04 Agenda ftem [No. 5B PROPERTY LOCATION r Page 36 of 2Q Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 15/49S/26E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 37930280002, 37930560007, 37930520005, 37930600006, 37930640008 ,37930720009,37930680000, 37930800000 & 37930760001 Metes & Bounds Description: PARCEL 1 THE EAST 180 FEET OF TRACT 107 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 THE NORTH 160 FEET OF TRACT 111 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 3 THE SOUTH 150 FEET OF TRACT 111 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4 THE NORTH 150 FEET OF TRACT 112 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 5 THE SOUTH 180 FEET OF TRACT 112 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 6 THE NORTH 180 FEET OF TRACT 113 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Application For Public Hearing For PUD Rezone 6/14/04 PARCEL 7 Agenda Item No. 88 Se tum er 26. 2006 THE SOUTH 150 FEET OF TRACT 113 OF GOLDEN GATE ESTATES UNIT NO. 26, ��206 TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 8 THE NORTH 150 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 9 THE SOUTH 180 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMBINED PARCELS = 990, 297.7 SQUARE FEET OR 22.7 ACRES MORE OR LESS. Size of Property: ft. X ft. = Total Sq. Ft. 990,297.7 Acres 22.7 Address /general Iocation of subiect property: The subject property lies in the southwest quadrant of the intersection of Pine Ridge Road and C.R. 951. PUD District (LDC 2.03.06): ❑ Residential ❑ Community Facilities ® Commercial ❑ Industrial ADJACENT ZONING AND LAND USE Zoning Land use N E C -3 Improved Commercial. Single- family residential S E Single- family residential E E Single- family residential WE Single- family residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). Section /Township /Range Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: Application For Public Hearing For PUD Rezone 6/14/04 Aoenda item Pao. 8B 2F 7 r'6 REZONE REQUEST Page 38 of 2 {3 This application is requesting a rezone from the E, Estates zoning district(s) to the CPUD, Commercial PUD zoning district(s). Present Use of the Property: Vacant uncleared land Proposed Use (or range of uses) of the property: Commercial shopping center Original PUD Name: Ordinance No.: EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.1 30 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed CPUD's consistency with the locational criteria set forth on the Future Land Use Map and supporting Future Land Use Element (FLUE), of the Growth Management Plan (GMP), and consistency with the applicable Elements related to access, drainage, water, sewer,.and other utilities, combined with the development conditions and commitments contained in the proposed CPUD document, gives reasonable assurance that all infrastructure will be developed consistent with County regulations. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The documents, including the Covenant of Unified Control, submitted with this Petition Application provide evidence of unified control. Further, the proposed CPUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Please refer to the Statement of Compliance located in the Brooks Village CPUD Document. Application For Public Hearing For PUD Rezone 6/14/04 4. The internal and external compatibility of proposed uses, which cona,ii6, 2006 include restrictions on location of improvements, restrictions on design, RWA 39 of 200 buffering and screening requirements. The CPUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this proposed project meets or exceeds the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing and sequence of the permitting of the proposed development coincides with the programming of the County's proposed capital improvements to meet concurrency requirements. Adequate improvements, utilities and other facilities can be provided. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads is supportive of conditions emanating from urban development. Relative to this Petition, development of the subject property is timely, because supporting infrastructure are available, or will be in place by the time permitting of the proposed improvements is complete. 8. Conformity with PUD regulations, or as to desirable modifications; of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The development standards in the proposed CPUD document are similar to those standards used for he Commercial structures and related improvements when compared to County regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? Application For Public Hearing For PUD Rezone 6/14/04 Agenda !tem No. 38 September 26, 2006 FdUC 4U Ui L'Jl NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05. Q.) Application For Public Hearing For PUD Rezone 6/14104 Agenda Item No. 8B September 26, 2006 STATEMENT OF UTILITY PROVISIONS Page 41 of 200 FOR PUD REZONE REQUEST APPLICANT INFORMATION NAME OF APPLICANT(S) Joseph Filippelli. Sembler Florida, Inc. ADDRESS 5858 Central Avenue CITY St. Petersburg STATE FL ZIP 33707 TELEPHONE # (72 7) 384 -6000 CELL # FAX # (72 7) 345 -4937 E -MAIL ADDRESS: „lfiliePelli @sembler.com ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): N/A LEGAL DESCRIPTION Section /Township /Range 15/49S/26E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 37930280002 37930560007 37930520005 37930600006 37930640008 ,37930720009,37930680000, 37930800000 & 37930760001 Metes & Bounds Description: PARCEL 1 THE EAST 180 FEET OF TRACT 107 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16,.OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 THE NORTH 180 FEET OF TRACT 111 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 3 THE SOUTH 150 FEET OF TRACT 111 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4 THE NORTH 150 FEET OF TRACT 112 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 5 THE SOUTH 180 FEET OF TRACT 112 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Application For Public Hearing For PUD Rezone 6114/04 PARCEL 6 yen as item Nc,. 3e samemner 26. 2006 THE NORTH 180 FEET OF TRACT 113 OF GOLDEN GATE ESTATES UNIT NO. 26, AqCP$_P -T 99 200 TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 7 THE SOUTH 150 FEET OF TRACT 113 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 8 THE NORTH 150 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15,AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 9 THE SOUTH 180 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMBINED PARCELS = 990,297.7 SQUARE FEET OR 22.7 ACRES MORE OR LESS. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM ❑ b. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) e. SEPTIC SYSTEM ❑ TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ TOTAL COMMERCIAL INTENSITY TO BE SERVED: 95,350 SF PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 14,302 GPM AVERAGE DAILY 9535 GPD (LOS 0.1 GPD /SF) B. SEWER -PEAK 14,302 GPM AVERAGE DAILY 9535 GPD (LOS 0.1 GPD /SF) Peak = Average Daily x 1.5 (Collier County Factor) IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED First Quarter 2007 Application For Public Hearing For PUD Rezone 6114/04 Agenda Item No. 86 SUBMITTAL SUFFICIENCY CHECKLIST PUD REZONE or PUD TO PUD REZONE THIS COMPLETED CHECKLIST IS TO BE SUBMITTED W/TH APPL /CAT /ON PACKET No. of Copies Check here if not required ® 24* Completed Application ❑ ® 24* Pre - Application Meeting Notes ❑ ® 24* Legible Conceptual Site Plan 24" X 36" ❑ ® 1 Conceptual Site Plan 8 %z" X 1 1" ❑ ® 24 PUD Document and Master Plan ❑ ® 1 24" x 36" Master Plan ❑ ® 2* Warranty Deed or Contract for Sale ❑ ® J* Owner /Agent Affidavit, signed & notarized ❑ ® 4 Environmental Impact Statement or waiver ❑ ® 5* Aerial Photos with Habitat Areas Identified ❑ ® 4 Utility Provisions Statement with Sketches ❑ ® 7 Traffic Impact Statement or waiver ❑ ® 4 Historical Survey or waiver ❑ ❑ 4 Architectural Rendering of Proposed Structures ® 4 Boundary Survey, no more than 6 months old(24" x36 ") ❑ ❑ 4 Copies of State and /or Federal Permits ❑ 4 Affordable Housing Density Bonus Agreement, if applicable 01 Electronic Copy of PUD Document & Plans ❑ ® 1 Copy of Letter notifying the U.S. Postal Service of project ❑ ® 2 Addressing Checklist ® Required Fees * One additional copy required if for Affordable Housing As the authorized agentlapplicant for this petition, I attest that all of the information indicated on this checklist is include is submittal package. I understand that failure to include all necessar sub >< ' Iii rma ' may result in the delay of processing this petition. 'l6d5 Agent/Applicant Signature Date Application For Public Hearing For PUD Rezone 6/14/04 AFFIDAVIT agenda !iem Nc. 8B September 26. 2006 Page 44 of 200 I, Joseph A. Filippelli, Vice President of Sembler Florida, Inc,, being first duly sworn, depose and say that Sembler Florida, Inc., is the contract purchaser of the property described herein, and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be significantly altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As contract purchaser, and Vice President of Sembler Florida, Inc., 1 further authorize Dwight Nadeau, Planning Manager of RWA, Inc. to act as my representative in any matters regarding this Petition. Signaturd of Contract Purchaser Joseph A. Filippelli Typed or Printed Name of j»ew /Contract Purchaser .,The foregoing instrument was acknowledged before me this � day o f v us , 2005, by Joseph A. Filippelli who is .,personally known to me or has produced as identification. State of Florida County of Collier (Signature of Notary Public - tate of Floridyr) Sharon M Vizandiou ,r` MY COMMISSION# DD066046 EMUS =�5'0 October 21, 2005 °•;; "ri°F BONDEDTNRUTROY�A'.NINGURANC�INC (Print, Type, or Stamp Commissioned Name of Notary Public) PUDZ- 2005 -AR -8337 PROJECT 42005070036 DATE: 9116105 MICHAEL BOSI Division of Corporation Exhibit "D" — Property Owner Authorization Florida Limited Partnership LDJ ASSOCIATES, LTD. PRINCIPAL ADDRESS CIO A. E, BROOKS 11915 S.W. 82 RD.. MIAMI FL 33156 MAILING ADDRESS C/O A. E., BROOKS 11915 S.-W 82 RD. MIAMI FL 33156 Document Number- FEI Number- Date Filed A17334 592438431 06/26/1984 Skate Status Effective Date FL ACTIVE NONE Last Event Event Date Filed Event Effective Date AMENDMENT 12/07/1999 NONE Actual Contribution 100.00 . ......... . Registered Agent Name & Address BROOKS, LARRY E. 9900 SW 116 ST. MIAMI r-L 33176 -- ---------- General Partner Detail Name & Address Document I Number BROOKS, LARRY 11, F 11 IF 9900 S.W. 116 STREET'I Agenda Item No. SE3 September 26, 2006 Pag@qq0j52o1 200 http://www.sunbiz.ot-glscriptslcor-det.oxe?al=DE-TFIL&nl=AI7334&n2=NAMFVID&n3=.... 4/19/2006 Division of Corporations MIAMI FL 33176 BROOKS, DAVID L. Filed Date 520 NAICON AVE 0310412004 MIAMI SPRINGS CL 33166 05/06/2005 BROOKS, JAMES B. 03/1012006 9520 OAK CREST DR MANVEL IX 77578 Annual Renorts View Events No Name History Information Document Images Listed below are the images available for- this filing. -- t- oo Rusri iuvlrvtmvt DU15 tcnr -- ANN REP/UNIF ORM BUS RBP -- REINSTATEMENT -- ANN REPIUNIFORM T31JS REP -- COR - ANN REPIUNI_T CORM B� - ANN REPAMFORM BUS REP -- ANN RbP/UNIFORM BUS REP -- Amendment ANNUAL REPORI -- ANNUAL REPORT -- AWNTIAI RRPCIRT Agenda Iter-ii No. 8B September 26, 2006 gjjtZ j'2'f 200 THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http:// tiirvw.. sunbiz .oi-glscriptsleoidet.exe ?al= DETFIL &n1= A17334 &n2= NAIvffwD &n3 =.._ 4/19/2006 Report Year, 1 Filed Date 2004 0310412004 2005 05/06/2005 2006 03/1012006 View Events No Name History Information Document Images Listed below are the images available for- this filing. -- t- oo Rusri iuvlrvtmvt DU15 tcnr -- ANN REP/UNIF ORM BUS RBP -- REINSTATEMENT -- ANN REPIUNIFORM T31JS REP -- COR - ANN REPIUNI_T CORM B� - ANN REPAMFORM BUS REP -- ANN RbP/UNIFORM BUS REP -- Amendment ANNUAL REPORI -- ANNUAL REPORT -- AWNTIAI RRPCIRT Agenda Iter-ii No. 8B September 26, 2006 gjjtZ j'2'f 200 THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http:// tiirvw.. sunbiz .oi-glscriptsleoidet.exe ?al= DETFIL &n1= A17334 &n2= NAIvffwD &n3 =.._ 4/19/2006 r4F'R -2G -2006 02:So Fprrl Trustee Format &FflIDAVIT STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI -DADE ) Agenda Item No. 8B September 26, 2006 Page',' (4f2?00 BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appearad Larry E. Brooks as Trustee, who upon being duly swoin, deposes and says: I . The undersigned is over the age of l S years, understands the obligations of an oath; and has personal knowledge of the facts stet ©d herein. 2. The undersigned is a owner as Trustee. I acknowledge that I am aware and am in agreement with the requcst Lo rezone the property for Brooks Village PUT) (379346,80000)_ FURTIIER AFFIANT SAYETIZ NAUGHT, LARRY E. BROOKS as Trustnc: The foregoing instrument was sworri to, subscribed inid nckno,,,vlcdged before the this cadr day of April, 2006 by Larry F. Brooks as Trusice whoUX] is personally known to me or L3 has produced _w as identification. �lZ +. CARMEN M. JOi�INSON fA MY C0MMISSION # Do tlo�4a EXPIRE$: Ali of 19 2ox 7oV10si Tlw Nnkuy YYOVc ShilYxrJiola Notary Publ [Notary Seal] Printed Name: p G� ')�t;�"% My Commission Fxpiros; FaPR -26 -2006 02 :30 Ari AFFIDAVIT STATE OF FLORIDA ) ) ss COUNTY OF MIAMI -DADS ) genta item No. 3 September 26, 2006 Page V. V� g100 Partnership Format 13EFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Larry E. Brooks as General Partner of LDJ ASSOCIATES, LTD., whose Post. Office Address is: c/o A.E. Brooks 11915 SW 82 Road, Miami, Fl. 33156, a. partnership organized and existing under the laws of the State of Florida, who upon being duly sworn, deposes and says; I . The undersigned is over the ago of 18 years, understands the obligations of an oath, and has personal knowledge of the facts stated herein. 2. The undersigned is a partner of the LDJ ASSOCIATES, LTD, 3. We acknowledge that we are aware and Arc in agreernent with the request to rezone the property for Brooks Villagc PUD (37930280002 37930560007 & 37930520005 & 37930600006 & 37930640009 37930720009). FURTHER AFFIANT SAYET11 NAUGHT. Nanic, Larry E. Brooks, General Partner Narne, Partner Name, Partner Name, Partner LDJ AYSPKIATES, LTD., Name of Partnership The foregoing instrument was Sworn to, subscribed and acknowledged before me this 25th day of April, 2006 by Larry E. Brooks as General Partner of LDJ Associates Ltd. A Florida Limited Pmuiership whoJX ] is personally known to me or L„1 has produced _ _ as idcntifieation.-- :r�;�_ ,; t` CARMEN N- JOHNSON r y MY COMMISSION k Im S low W RES: August 19, 2008 Notary Publ [Notary Seal] Printed Name: My Commission Expires: arR -26 -2005 02:31 AN Trustee Format �YFIDA.VI -, - STATE OF FLORIDA } ) ss: COUNTY OF MIAMI -FADE ) Agenda Item No. 8B September 26; 2006 Page 4P.4 X00 BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Larry E. Brooks iss Trustee of That Certain Declaration of Trust dated August 26, 1997, a Trust organized and existing under the laws of the State of Florida, who upon being duly sworn, deposes and says: 1, The undorylgnod is over the age of 18 years, understands the obligations of an oath, and has personal knowledge, of the facts stated hercin. 2. The undersigned is the Trustee of the That Ceilain Declaration of Trust dated August 26, 1997, 3. I acknowledge that I am aware and azn in agreement with the request tQ rezone the property for Brooks Village PUT) (37930760001). RMT1-IE11 AFFIANT S.AYLTI -1 NAUGHT. LARRY E. BROO KS as Trustee of thtit Certain Declaration of Trust dated August 26, 1997 The foregoing inetrumont was Sworn to, subscribed and acknowledged before my this,,,[` day of April, 2006 by T.atTv E. Brooks its Trustee of That Certain Declaration of Tr,.ist dated August 26, 1997 whoLXl is personally known to me or r ] has produced as identification. [Notaty Seall m CARMEN K �aHHSOrt n! MY commhfS910N RDE) iiQ342 EXPIHE$; August i9, ?.006 M,64o l/n+sxmE�un� btary Publi Printed Name: -,� , r!��j /�a�c� My Commission Expires: iZ_ •c�r�G ArR -2C. 200G 02:7,1 (-)r1 �" F IDAYIT STATE OF FLORIDA ) ) SS; COUNTY OF MIAMI -DARE } Agenda i em Nc. SEE Sepiember 26: 20706 Paces! aU l Individual Format BEFORE Mr, the undersigned officer authorized to adaninister oaths, on this day personally appeared DAVID L. BROOKS, who upon being duly sworn, deposes and says: 1. The undersigned is overlhe age of 18 years, understands the obligations of an oath, and has personal knowledge of the facts stated. herein, 2. We PLcknowlcdge that we are aware and arc in agreement with the request to roz;one the property for Drook,,i Village PUD (37930800000). FURTHBR. AFFIANI' SAYETH NAUGHT. 1 DAVID L.. R0OY Tfie Foregoing instruunent was sworn to, subscribed and acknowledged before nie this day of April., 2006 by DAVID L. BROOKS whoL�s personally known to me or Lj has produced _ —as identification. oAHMEN M. JOHNSON! MY COMMISSION d DD 110342 EXPIRES: Aupun1 19, 200E PM'194 TIvUNo7eryPU!+1i0liJenvAg11 a ✓ otary Pu [Notary Seal] Printe�i N'rime; o'''' _ My Commission Expires:��r�l�c� �-��' OPR -26 ^200 02;32 Rr'I STATE OF FLORIDA } 59: COUNTY OF MI MI -.DADS Agenda !tern !` ic. 8B September 26, 2006 Page IS :1 et200 Partnership Format BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared David L. Brooks as General Partner of LDJ ASSOCIATES, LTD., whose Post Office Address is: c/o A.F. Brooks 11915 SW 82 Road, Miami, F1. 33156, a partnership organized and existing under the laws of the State of Florida, who upon being duly sworn, deposes and says: 1.. The undersigned is over the age; of 18 years, understands the obligations of an oath, rind lies personal knowludge of the: facts stated herein. 2. The undersigned is a partner of the LDJ ASSOCIATES, LTD, 3. We acknowledge that we are aware and are In agreement with the request to rezone the property for Brooks Village PUD (37930280002 37930560007 & 37930520005 & 37930600006 & 37930640008 37930720009). FURTHER AFFfANT SAYIiT 1 NA.UGI- T. *.TB1rootks,, Naine, D v Ocncral Pat`mcr Name, Partner Namo, Part= Name, Partner LIN ASSOCIATES, LTD„ _ Narn.0 of Partnership ,ne foregoing instrument was sworn to, subscribed and acknowledged bcfbre me this 25th day of April, 2006 by David L, Brooks as Cencral Partr:cr of LDT Associates Ltd. A Florida Limited Partnership whojhKs personally !mown to me or has produced 1y ,,u,p, % � ' , r cAA JOHNSON a t +F Al le GOA{MISSION a OD 11 42 CYPI ES: Avowl 18, 2 s PaW Mu NaaN P�ylffo UM1N7nnjpe Notary Pu%li [Notary Seal] Printed Name: My Coanrnissicn Expires: 74 / , r,�a Apr -26 -2006 12:08pm From -FedEx Kinko's, 2220 W Ina Rd, Tucson, AZ 520- 877 -9 120 AEMAV IT STATE OF ARIZONA ss: COUNTY Or PwV01,_ ) Agenda Item No. oB September 26, {2006 T -974 P.302 /0U2�e 1 ?4 200 Individual Format BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared THOMAS W. MBRRIAM, who upon being duly sworn, deposes and says: 1. The undersigned is over the age of 18 years, understands the obligations of an oath, and ties personal knowledge of the Facts stated herein- 2. I acknowledge that I am aware and am in agreement with the request to rezone the property for Brooks Village PUD (37930280002 37930520005). FURTHER ArFIANT SAYE`fH NAUGHT, 7/r- � -�-- -- THU s W. MERF..IANI Tile foregoing instrument was sworn to, subscribed and acknowledged before me This 2jLp_ day of April, 2006 by 'THOMAS W. MERRIAM whoLJ is personWly known ro�- -- ns produced jjjn-ZDr rLLC�O�Las identification. [Notary Seal} KELLY ��t n3�iC - ARIZONA � h COONTY � ,• :'�n� mission Expires ' July 21, 2006 [Notary Seal} Apr 26 06 02:02p Valerie Brooks A FFIDA V.IT STATE OF TEXAS ) ss: COUNTY' OF A l �. _ } Agen04a Item No. SE September 26, 2006 972 -490 -7920 Page 5�pa`Z!00 Individual Foi nat BEFWX- ME, the undersigned officer authorized to adrninister oaths, on this clay personally appeared VALERIE A. BROOKS, who upon being duly sworn, deposes and says: 1. The undersigned is over the age of 18 years, understands the obligations of an oath, and has personaa knowledge of the facts stated herein, 2, ]:, bVe acknowledge that V09 Mawaure and Win agreement with the :request to rezone the property for Brooks Village PUD (37930800000). FUlt'i'HER AF'FIANT SAYETI-i NAUGHT. VALERIE A. BROOKS The foregoing instrument was swum to, subscribed and acknowledged before 1ne this Z(c;"�3day of April, 2006 by VALEWE A, BROOKS whoL,, is personally kDown to me or Lj has produced as idcntifeation, My Commw4on Fxplrei May i 4.20009 Notary Public Printed Nance My Commission Expires: 0'-3 --L -� �7 qPR-26- -2006 07:17 P11 AFFIDAVIT STATE OF FLORIDA } ) ss: COUNTY OF MIAMI -DADE ) ;7aenda !Lem No. 883 Septe m,ber 26; 2006 _.. Page 54�bt S�X) Individual Format BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared LARRY E. BROOKS and MARIA R. BROOKS, who upon being duly sworn, deposes and says: 1. The undersigned is over the age of 18 years, undergtanda the obligations of an oath, and has personal knowledge of the fact -, stated herein. 2. We acknowledge that we are aware and are in agreement with the request to rezone the property for Brooks Village PUD (37930800000). FURTHER AF IANT SAYF..TH NAUGHT. LARRY E. BROOKS MARIA K. BROOKS The foregoing instrument was sworn to, subscribed and acknowledged before me this -SC' day of April, 2006 by LARRY F. BROOKS AND MARIA 12.. BROOKS whorX ] are personally known to me or L- -] bus produced as identification. �i..My COMMISSION 0 DB 110342 r• EXPMS' Au911M 19, PM I TlIFV NaN(Y PuLlic UrMamriwa Notary Pu li [Notary Seal] Printed Name: My Commission Expires: �P' -1c1- -moo Ar'P, 25 -2HC�6 22:0'0 Atli Trustee Format AFFLDAV STATE OF FLORIDA } ) ss: COUNTY OF MIAMI -DADE } ngenda lter No. 8S September 26. 2006 Page 5d :G'I t50 BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Larry E. Brooks as Trustee, who upon being duly sworn, deposes and says; 1, The widersigned is ovor the age of 19 years, understands the obligations of an oath, and has porsonal knowledge of the facts stated horein. 2, The undersigned is a owner as Trustee. I acknowledge that f am aware and am in agreemr.nt %with the request 10 rezone the property for Brooks Village P'UD (37930680000). FURTIzER AFFIANT SAYETH NAUGHT. LARRY E. BROOKS as, 'Fru, t e The Foregoing instrument was sworn to, subscribed and acknowledged before xne this Cam/"_ day of April, 2000 by Lan-y F. Brooks as 'rruslae wholXj is penx—mall.y known to me or j_] bas produced as idontifrcation. '�t f CARM[N M. JOHNSoN r�I W COMM:NSION N OD ti0342 WIRES; AuAusl 19, 2006 p° fAniTTruWauaryPuNkl11M,.doo Notary Pub1' [Notary Sea]] Print ed Name: .0 .,12 My Commission Fxprrest aPR- 26-2006 02:ZO Arl AFFIDAVIT STATE OF FLORIDA ) ) ss; COUNTY OF MIAMI -DADE ) Aaer 1''a item No. BE September 26. 2006 Page 56�bf!29,0 Partnership Format BEFORE ME,, the undersigned officer authorized to administer oaths, on this day personally appeared Larry E, Brooks as General Partner of LDJ ASSOCIATES, LTD., whose Post Office Address is: c/o A.E. Brooks 11915 SW 82 Road, Miami, Fl, 33156, a partnership organized mid existing under the laws of the State of Florida, who upon being duly sworn, deposes and says: 1. The undersigned is over the age of 18 years, understands the obligations of aii oath, Turd has personal knowledge ref the facts stated herein. 2. The undersigned is a. partner of the LDJ ASSOCIATES, LTD. 3. We acknowledge that we are aware and are in agreement with the request to rezone the property for :gooks `Tillage PUD (37930280002 37930560007 & 37930520005 & 37930600006 & 37930640008 37930720009). FURTIIER A.FFIANT SAYLTI I XAUGI IT. Nru.me, Tarty F. Brooks, General Partner Name,, Partner Name, Partner Marne, Partner LDJ A� ''QQJATFS, LTD., Name of Partnership The foregoing instrurnent was sworn to, subscribed and acknowledged before me this 25th day of April, 2006 by Larry F. Brooks as General Partner of LDJ Associates Ltd. A Florida Limited Pm nership' who ] is personally known to me or L] has produced _ as idcnti£'ieation.mM joNNSOtt MY COMMISSION Y DD i Im? !�� • - EXPIRES: August 19,200C h, , SaRbcf rnN h'aw7 vVNk: u�a�rlAesl Notary Publ [Notary Seal] Printed Name: . My Commission Expires: APR -26 -2006 02:31 Ari AIEFIDAVIT STATE OF FLORIDA ss: COUNTY OF M1AM1 -DADE Trustee Format Aaenda Item tJru. 8B September 26. 2006 Page 5- ''cr'260 BEFORE ME, the undersigned officer authorized to Administer oaths, on this day personally appeared Larry E.- Brooks as 'Trustee of That Certain Declaration of Trust dated August 26, 1997, a Trust organized and existing under the laws of the State of Florlda, who upon being duly sworn, deposes and says: I . Tl1e undersigned is over the age of 18 years, understands the obligati=S of an oath, and has personal knowledgo ofthe facts stated herein. 2. The undersigned is tho Trustee of the That Certain Declaration of Trust dated Augwit 26, 1997. 3, 1 acknowledge that l yarn aware rand ain in agreement with the request to rezone the property for Brooks Village PUD (37930760001). FURTHER AFFIANT SAYETII NAUGHT. LARRY E. BROOKS as Trustee of that Certain Declaration of Trust dated August 26, 1997 The foregoing instrument was sworn to, subscribed and acknowledged before me this ,a'' day of April, 2006 by Larry E. Brooks as Trustee of That Certain Declaration of Trust dated August 26, 1997 who,[.NJ is personally known to me or L] has produced as identification, CO'01MON 0 DO 1 M42 EXPIRES, August t9, 1048 rkh r �11"Ca ,TWHoInTyPam unn,nw+rwa ataxy Publi [Notary Seal] Printed Name: My Commission F;xpires: PPP- 25-- 2VJF1c fly: '5 1 RM A]Ei FLD VIT STATE OF FLORIDA ) ) Ss: COUNTY OF MIAMI -DADE ) ;oenda it°Eil No. 83 September 20, 2006 Page 6b r f 250 Individual I~ onriat BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared DAVID L. BROOKS, who upon being duly sworn, deposes and says: I. The undersigned is over the age of 18 years, understands the obligations of an Oath, and has personal knowledge of the facts stated herein. 2. We acknowledge that we are aware and are in agreement with the zequest to rezone the property for Brooks Village PUD (37930800000). FUR'I'IIERAFF1 NT SAYIr'IH NAtJGHT. DAVID I,. ROOKS The foregoing instrimaot was sworn to. subscribed and acknowledged before me this o;.r" day of April., 2006 by DAVID I.. BROOKS who L --- s personally known (o me or has produced _ as idcnilfication. _ cAR MEN cJOHNSbid fy My COMMWJON e DD 110342 EXPIRES: AU0021 19. P01?6' O'w)ed TYmV NMry PuLFnirpaewriryn [Notary Seal] Printed Name:�'�'�� My Commission Expires: 6 �,� ,l� ��, C APR -26 -2006 02:S2 AM AEEIDAVIT STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI -DADS } Agenda Item Ivo. 85 September ?4, 40 6 Page 5y 8� 0 - FAilnership Format BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared David L. Brooks as General Partner of LDJ ASSOCIATES, LTD., whose Post Offlce Address is: c/o A.B. Brooks 11915 SW 82 Road, Miami, Fl, 33156, a partnership organized and existing under the laws of the State of Florida., who upon being duly sworn, deposes and says: I , The undersigned is over the agcy of 1.8 years, understands the obligations of an oath, and has personal knowledge of the facts stated herein. 2. The undersigned is n partner of the LDJ ASSOCIATES, LTD. 3. We aekmowledge that we are aware and are in agreement with the requocst to rezone the property for Brooks Village P1JD (37930280002 37930560007 1§'r. 37930520005 & 37930600006 & 37930640008 37930720009), FURTHER AFF'IANT SAYE'TH NAUGHT. Name, David I.. nrooks, General Pannier Name, Partner Marne, Partner Name, Partnar LDJ ASSOCIATES, ,L'1. D Name of Partnership The foregoing instrtunent was sword to, subscribed and acknowledged befbre the this 25th day of Apri 1, 2006 by David L. B }Wks as General Partner of LDJ Associates Ltd. A Florida Limited Partnership wbofk3'fs personally known to ine or Lj lias produced rrs identification. - �— -- - - -- — � �rN . CARMEN M. JOHNMN MY COMMISSION 4 CO I M42 �I EkPI C5: Auguel 19, 2oos `r Pma h,js nuqn pvgk uoow uAo e Not Publi (Notary Sealy Printed Name: _ ',�✓ ,4;' My Commission Expires: _= ,Genoa item eve. 8B 04/26/00 WED 11;48 FAX 3523710803 The 1)115 Store �J�te age 0 t 29 Pad., �J o. 2:902 Individual. Format STATE OF FLORIDA ) ) ss; COUNTY OF al-4r-41,A ) BEFORE NEE, the undersigned officer authorized to admirdster oaths, on this day personally appeared WILLIAM R. MERRIA.M, who upon being duly sworn, deposes and says: 1. The undersigned is over the age of 18 years, understands the obligations of an oath, and has personal knowledge of the facts stated herein, 2. I acknowled`e that I am aware and am in agreement with the request to rezone the property for Brooks Village PLTD (37930280002 & 37930520005), FUR'R -.1ER AFIFIANT SAYET14 NAUGHT. WILLIAM R. MBRRIA3v1 The foregoing insnuient was swom to, subscribed and acknowledged before me this. U day of April, 2006 by WILLIAM R. MERRIAM whoL] is pereonallY known to Inc or a x i hais produced F7 v "'s ' — f ^ A as identiflcation. MY COMMISSION k DD 435V r } i EXPJRCS; Seplemaer 30 2000 '•..s';fi'�` BcndsdSAluNeaeryRC>f+oUndem��Wio [Notary Seal] Notary Public Printed Name: _ .I r r'My Commission Expires: 04/26/Do IVED 11:49 FAX 3523710909 The UPS Store Trustee Format FilUU-1 STATE OF FLORIDA ) ss: COUNTY OP C c► rv,a ) Agenda liem Flo. 65 September 26, 2006 Page 61 o` 2ft03 BEFORE ME, the undersigned officer authorized to adruinister oaths, on this day personally appeared 1Vill3.am Rich Merriam as Trustee of the Betty M. Mordam Revocable Trust dated October 25, 1993, a Trust organized and existing under the .laws of the State of Florida, wha upon being duly sworn., deposes and says. :l. The undersigned is over the age of 18 years, understands the obligations of an oath, and has personal knowledge of the facts stated herein. 2. The undersigned is the Trustee of the Betty M. Merriam Revocable Trust dated October 25, 1993. 3. I acknowledge that I am aware and arn in agreement with the request to rezone the property for Brooks Village PUD (37930284002 cR 37930520005). FURTHER AFF7ANT SAYETH NAUGHT, illiam Rich Merriam as Trustee of the Betty N.I. Merriam Revocable Trust dated October 25, 1993 The foregoing instrument was sworn to, subscilbed and a6mowledged before me. this Z� t- day of April, 2006 by William Rich Merriam as Trustee of the Betty M, Merriam Revocable Trust dated October 25, 1993 whoLj is personally Down to me or � has produced F-t -1'10w--1X u as identification. JERRY C, NELL MY COMOSION 0 DD 435678 EXPIRES: 5eple*600, 2069 Notw4Publlc taR�s'� i'nF�'°u , uaro PrintedN'ame: Jetty C. Tidwell My Commission Expires: _.3 ° genda 'tem No. 6D September 26. 2006 Paoe 62 of 200 Individual Format AFFIDAVIT STATE OF TEXAS ) ) ss: COUNTY OF r100'-A ) BEFORE ME, the undersigned officer autborized to administer oaths, on this day personally appeared JAMES E, BROOKS, who upon being duly sworn, deposes and 5ay5: I. The undersigned is over the age of 18 veats, understands the obligations of an oath, and has personal knowledge ofthe facts stated herein.. Z. We acknowledge that we are aware and are in agreement with the request to rezone the property for Brooks Village PUD (37930800000). FURTI-MR .AFIi LAN T SAYETH NAUGHT. SANv1 ,s E. ,BROODS Vie foregoing instra rnmt was 4ivorn to, subsedbed and acknowledged before me this (o_ day of April, 20061n, JAMES E. BROOKS whop] is personally known to me or jehas pro duced �pS�� as identification, FNotary Sear ANDO ROSAtFB j �flta'y MR Pubflc 5tma pf 70h"g MV Curnm1",!, M Exprreg Y 72, 2009 ot Printed Name: rp rS�l� s My Cornmissio Expires: - STATE OF TEXAS ) ss: COUNTY OF 0.1-4rao' A ) .4;genda item No. 35 September 26, 2006 Page 63 of 200 Partnership Format; BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared James E. Brooks as General Parlaor of LDJ ASSOCIATES, LTD., whose Post Office Address is: e% A.E. Brooks 11915 SW 82 Road, lVi %amt, Fl. 33156, a partnership organized and eaisfivg under the laws of the State of Florida, who upon being duly snvorn, deposes and says: 1. The undersigned is oVar the age of I8 years, understands the obligations of an oath, and has personal kamvledge of the facts stated herein. 2. The undersigned is a partner of'the LDJ ASSOCIATES, I,TD. 3. We acknowledge that we are aware and are in agrnment Frith the request to rezone the property for Brooks Village PUD (37930280002 37930560007 & 37930520005 & 37930600006 & 37930640008 37930720009). FURTIMR A.FI;IANT SAYETH.NAUGI-IT. '-VIP Nam ` ames E. Breaks, General Pager Name, Partner Name, Partner — Name, Parizzer LDJ ASSOCIATESy1�� D., Name ofPurtn.ersbip he foregoing instrument was sworn to, subscribed and acimowledged before me this.! day of April, 2006 by Jaines E. Brooks as General Partner of LDJ Associates Ltd. A -Florida Limited Partnership wlaoLj is personally knowm to me orf-4 ias produced Z24�z� 0 9 as identification. M12, " bALFS �r of Taxas otary P blic xpires Printed N - q arse. r/, d a My Caxnznission Expires: ngenda item No. vB September 26. 2 +006 ORDINANCE NO. 06 Page 64 of 200 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A PROPOSED COMMERCIAL SHOPPING CENTER TO BE KNOWN AS BROOKS VILLAGE CPUD, FOR PROPERTY LOCATED ON THE SOUTHWEST QUADRANT OF THE INTERSECTION OF COLLIER BOULEVARD (CR 951) AND PINE RIDGE ROAD (CR 896), IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 22.7 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of RWA, Inc., representing Sembler Florida, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 15, Township 49 South, Range 26 East, Collier County, Florida, is changed from the Estates (E) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District for a commercial shopping center to be known as Brooks Village CPUD in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissioners of Collier County, Florida, this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency Marjo M Student-Stirling Assistant County Attorney PUDZ - 2005- AR- 8337/M Zlsp Agenda !tern No. 6B September 26, 2006 Page 65 of 200 BROOKS VILLAGE M COMMERCIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BROOKS VILLAGE, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE .. . . • ' • . SEMBLER FLORIDA, INC 5858 CENTRAL AVENUE ST. PETERSBURG, FL 33707 -1728 PREPARED BY: P'WTA CQN SUI_TI N G _ML L v r_L Z 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 And ROETZEL AND ANDRESS 850 PARK SHORE DRIVE TRIANON CENTRE -THIRD FLOOR NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Agenda item No. 813 September 26, 2006 Page 66 of 200 TABLE OF CONTENTS List of Exhibits i Statement of Compliance Section I Property Ownership, Legal Description I -1 Section II Project Development Requirements II -1 Section III Commercial Development Standards 11I -1 Section IV Preserve Area IV -1 Section V Development Commitments V -1 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)clean.DOC Agenda stern No. 8B September 26, 2006 Page 67 of 200 LIST OF EXHIBITS EXHIBIT "A" CPUD MASTER PLAN QA2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning\Brooks Village CPUD - county staffapproved 7 -21 -06 (CCPC rev6)clean.DOC tgen,Ua iiem No. 8PB September 26, 2006 Page 69 of 200 BROOKS VILLAGE CPUD (Commercial Planned Development) STATEMENT OF COMPLIANCE The development of approximately 22.7 acres of property in Collier County, Florida as a Commercial Planned Unit Development (CPUD) to be known as the Brooks Village CPUD shall comply with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). A. Golden Gate Area Master Plan 1. The CPUD shall make provisions for shared parking arrangements with adjoining developments (Collier Boulevard and Pine Ridge Road Center of the Golden Gate Area Master Plan Ordinance 2004 -71). 2. Water retention/detention areas shall be allowed in the buffer area if the buffer area is left in natural state and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004 -71). 3. The applicant retains the right to construct fences or walls on the commercial side of the required landscape buffer for the residential property to the west. The fences or walls will not exceed five (5) feet in height, and shall be constructed of brick, stone, or wood. Concrete post, or rail type fences and walls, which are also permitted, shall be of open design (not covered by slats, boards or wire). 4. The proposed development has provided a seventy -five (75) foot wide buffer on the west side of the property which abuts a residential land use. Fifty (50) feet of the width of the buffer along the developed area shall consist of retained native vegetation in accordance with the LDC. The native vegetation retention area may consist of a perimeter berm and be used for water management detention in accordance with the provisions of the Collier Boulevard and Pine Ridge Road Center of the Golden Gate Area Master Plan Ordinance 2004 -71. The proposed development shall follow the guidelines of permitted uses in Section III of this Document that are appropriate for the Collier Boulevard and Pine Ridge Road Center, with the following specific prohibited uses set forth in the Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004 -71: Drinking Places (5813) and Liquor Stores (592 1) Mail Order Houses (5961) Merchandizing Machine Operators (5962) Power Laundries (7211) 11 Q \20051050095.00.00 Sembler Brooks Village10003 CPUD Rezoning'\Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)c1ean.D0C Agenda Stem No, 83 September 26, 2005 Page 69 of 200 Crematories (726 1) (Does not include non - crematory Funeral Parlors) Radio, TV Representatives (7313) and Direct Mail Advertising Services (733 1) NEC Recreational Shooting Ranges, Waterslides, etc. (7999) General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) Elementary and Secondary Schools (8211), Colleges (8221), Junior Colleges (8222) Libraries (823 1) Correctional Institutions (9223) Waste Management (9511) Homeless Shelters (8361), and Soup Kitchens Sexually Oriented Businesses, as defined by Ordinance No. 91 -43, as may be amended. B. Transportation The proposed access points do not exceed the required one per 180 feet, commencing from the right -of -way of Collier Boulevard and Pine Ridge Road (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004 -71). 2. The proposed development shall combine driveways, and curb cuts shall be consolidated with adjoining developments, whenever possible (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004 -71). 3. The Master Concept Plan provides a 25 -foot wide landscape buffer abutting the external right -of -way for the entire site (Collier Boulevard and Pine Ridge Road Center from the Golden Gate Area Master Plan Ordinance 2004 -71). iii Q:\20051050095.00.00 Sembler Brooks Village10003 CPUD Rezoning\Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)clean.DOC Aaenua i em No. 8B September 26. 2006 Page 70 of 200 SECTION 1 LEGAL DESCRIPTION, PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed for development under the project name Brooks Village CPUD. 1.2 LEGAL DESCRIPTION PARCEL] THE EAST 180 FEET OF TRACT 107 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 THE NORTH 180 FEET OF TRACT 111 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 3 THE SOUTH 150 FEET OF TRACT 111 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4 THE NORTH 150 FEET OF TRACT 112 OF GOLDEN GATE ESTATES UNIT NO. 26. ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 5 THE SOUTH 180 FEET OF TRACT 112 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1 -1 Q:\2005 \050095.00.00 5embler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)clean. DOC Agenda Item No. 6B September 26, 2006 Page 71 of 200 PARCEL 6 THE NORTH 180 FEET OF TRACT 113 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 7 THE SOUTH 150 FEET OF TRACT 113 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 8 THE NORTH 150 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 9 THE SOUTH 180 FEET OF TRACT 114 OF GOLDEN GATE ESTATES UNIT NO. 26, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 15 AND 16, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COMBINED PARCELS = 990,297.7 SQUARE FEET OR 22.7 ACRES MORE OR LESS. 1.3 PROPERTY OWNERSHIP The property is currently under contract for purchase by Sembler Florida, Inc., from LDJ Associates, Ltd., a Florida Limited Partnership. 1.4 GENERAL DESCRIPTION The applicant is proposing a CPUD located within the Estates Designation, and the Neighborhood Center Sub - district identified on the Golden Gate Area Future Land Use Map, of the GMP. The Estates Land Use Designation encompasses lands which are already subdivided into semi -rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The Neighborhood Center Subdistrict recognizes the need to provide basic goods, services and amenities to Estates residents (Ordinance 2004 -71). The ± 22.74 acre property is located on the southwest quadrant of the intersection of Collier Boulevard (CR -951), and Pine Ridge Road (CR- 896), and is bordered by 11`b Avenue SW on the south, in Golden Gate Estates Unit 26, Section 15, Township 49 South, Range 26 East. I -2 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)cl ean. DOC genda 1 m No. 85 September 25, 2006 Pace 72 of 200 Approximately 1.98 acres of the property has been, or will be taken as right -of -way for Pine Ridge. Road, Collier Boulevard, and 11th Avenue SW and are not included in the development area of the project. 1.5 PROJECT DESCRIPTION The Brooks Village CPUD shall offer intermediate commercial and retail uses to the surrounding Estates residents. The proposed land uses are typically associated with major intersections, including, but not limited to retail with a major anchor component, convenience stores with gas pumps, restaurants (sit -down or drive- through), a grocery store, and business /office uses or financial institution uses with drive - through lanes. The Brooks Village CPUD will not exceed 105,000 square feet of gross leasable floor area. Pursuant to the Golden Gate Area Master Plan, this particular Neighborhood Center may be fully utilized as 100 percent commercial development. The proposed project site is presently undeveloped, but portions of the property have been disturbed by clearing and off -road vehicle use. The property is generally without topographic relief, with elevations ranging from 10.2 feet to 12.8 feet NGVD in the undisturbed areas. The project will meet, or exceed the 30 percent usable open space requirement of the LDC. Run -off will be channeled to two dry detention areas totaling approximately ± 0.95 acres, and an additional ±1.46 acres will be designated as a wet detention area north of 11th Avenue SW. The detention area size may be adjusted at the time of site development approval if needed. The designated retention areas will comply with the South Florida Water Management District regulations as well as the applicable sections of the GMP and the LDC. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Brooks Village Commercial Planned Unit Development ". I -3 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning\Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)c1ean.D0C SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE Agenda Item fro. 6D September 26, 2006 Page 73 of 200 The purpose of this Section is to delineate the project plan of development, relationships to applicable County Ordinances, the respective land uses of the Brooks Village CPUD, as well as other project relationships. 2.2 GENERAL A. Regulations for the development of Brooks Village CPUD shall be in accordance with the contents of this Document, the Golden Gate Area Master Plan, the Collier County Land Development Code and the Growth Management Plan in effect at the time of the development order approval. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order approval. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Brooks Village CPUD shall become part of the regulations which govern the manner in which the CPUD site may be developed. D. Unless modified, waived or deviated from by this CPUD, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this CPUD. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including land uses for the various tracts is illustrated graphically by Exhibit "A," CPUD Master Plan. LI -1 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)clean.DOC Aaen a Item No- 83 Septe €n per 26, 2006 Page 74 of 200 TABLE I PROJECT LAND USE TRACTS TYPE ACREAGE± TRACT "C" COMMERCIAL 17.6 TRACT "P" PRESERVE 3.1 Right -of -way outside development area 2.0 TOTAL 22.7 B. Areas illustrated as lakes on Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas shall be in the same general configuration and contain approximately the same acreage as shown by Exhibit "A ". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of the LDC, or as otherwise permitted by this CPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A ", such easements as necessary (utility, private, semi - private) shall be established within or along the various tracts as may be necessary. 2.4 PROJECT PLAN APPROVAL REQUIREMENTS A. Required improvements shall receive approval of the appropriate County governmental agency to insure compliance with the LDC prior to final development order for all or part of the CPUD. B. Exhibit "A ", CPUD Master Plan, constitutes the required CPUD Development Plan. Any division of property and the development of the land shall be in compliance with the LDC, and the platting laws of the State of Florida. C. Appropriate instruments shall be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.5 LAKE EXCAVATIONS Removal of fill from the Brooks Village CPUD shall be limited to an amount up to ten percent (10 %) (to a maximum 20.000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. II -2 Q:A2005 \050095.00.00 Sembler Brooks VillageA0003 CPUD RezoningABrooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)cl ean. DOC Agenda Item No. £B September 26. 2006 Page 75 of 200 2.6 AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN Changes and amendments may be made to this CPUD Ordinance or CPUD Master Development Plan, Exhibit "A ", as provided by the LDC. 2.7 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights -of -way, utilities and other purposes as required. All necessary easements dedications or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Brooks Village CPUD. Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within the Brooks Village CPUD, the developer shall provide appropriate legal instruments for the establishment of a property owners' association whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of the LDC. All common areas shall be maintained by the owner, and /or a property management company under contract with the property owners' association. 2.8 FILL STORAGE Notwithstanding the provisions of the LDC, fill storage is generally permitted as a principal use in the Brooks Village CPUD. Fill material generated may be stockpiled within areas designated for commercial development. Prior to stockpiling in these locations, a vegetation removal and site filling permit, along with plans showing the locations and cross - sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty -five (35) feet C. Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than five feet over commercial development areas that are depicted on an approved SDP, or approved subdivision improvement plans, no fencing is required. D. Soil erosion control shall be provided in accordance with the LDC. E. Fill storage shall not be permitted in Preserve Areas. II -3 QA2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)cl ean. DOC AgenUa item No. 8B September 26, 2006 Page 76 of 200 2.9 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Brooks Village CPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.10 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to the GMP and the LDC, a minimum of 3.1 acres (15% of the native vegetation on site) is required to be retained or replanted. Tract "P" contains approximately 3.1 acres. For the purposes of this CPUD, the Preserve Tract will fully satisfy these native vegetation requirements. Native vegetation areas do not include those areas of vegetation that have a seventy -five percent (75 %), or greater canopy coverage of exotic species. 2.11 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to the LDC, upon adoption of the CPUD Ordinance and attendant CPUD Master Plan, the provisions of the CPUD Document become a part of the LDC, and shall be the standards of development for the CPUD. Thenceforth, development in the area delineated as the CPUD District on the Official Zoning Atlas will be governed by the adopted development regulations, the CPUD Master Plan, and applicable portions of the LDC. II -4 Q ''22005\050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)clean.DOC SECTION III COMMERCIAL DEVELOPMENT 3.1 PURPOSE Agenda Item No. 8B September 26, 2006 Page 77 of 200 The purpose of this Section is to identify permitted uses for areas designated as Tract "C" on the CPUD Master Plan, Exhibit "A." 3.2 PERMITTED USES The following are selected permitted uses provided for in the commercial zoning districts C -1, C -2 and C -3. None of the following Permitted Uses are subject to a gross floor area/square footage limitation. A. 1) 2) 3) 4) 5) 6) 7) Accounting, auditing and bookkeeping services (Group 8721). Apparel and accessory stores (Groups 5611- 5699). Auto and home supply stores (Group 5331). Automotive services (Groups 7542, limited to car washes in conjunction with a convenience store, and 7549, limited to automotive lubricating service and window tinting). Barber shops (Group 7241), except barber schools. Beauty shops (Group 7231), except beauty schools. Business services (Groups 7334, 7335, 7336, 7338, 7384). 8) Child day care services (Group 8351). 9) Civic, social and fraternal associates (Group 8641). 10) Depository institutions (Groups 6011- 6099). 11) Eating places (Group 5812 only, beer, wine and liquor sales for consumption on premise permitted). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition II1 -1 QA2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staffapproved 7 -21 -06 (CCPC rev6)cl ean. DOC �'= ,genda !teEri Pao. 8B September 26. 2006 Page 78 of 200 12) Food stores, including convenience stores with an accessory car wash (Groups 5411-5499). 13) Gasoline service stations, except for truck stops (Group 5 54 1, subject to the provisions of the LDC). 14) General merchandise stores (Groups 5331- 5399). 15) Hardware stores (Group 5251). 16) Health services (Groups 8011 -8049, 8082). 17) Home furniture, furnishing, and equipment stores (Groups 5712- 5736). 18) Insurance carriers, agents and brokers (Groups 6311 -6399, 6411). 19) Legal services (Group 8111). 20) Management and public relations services (Groups 8741 -8743, 8748). 21) Membership organizations (Groups 8611- 8699). 22) Miscellaneous repair services (Groups 7631 and 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 23) Miscellaneous retail (Groups 5912, 5941 -5949, 5992 -5999 except auction rooms, awning shops, gravestones, hot tubs, fireworks, monuments, swimming pools, tombstones and whirlpool baths). Drug and prescription stores may have drive - through facilities. 24) Museums and art galleries (Group 8412). 25) Non - depository credit institutions (Groups 6111-616' )). 26) Offices for engineering, architectural, and surveying services (Groups 0781, 871 1 - 8713). 27) Paint, glass and wallpaper stores (Group 5231). 28) Permitted uses with less than 700 square feet of gross floor area in the principal structure (ie: kiosks and vending cart sales). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition III -2 Q1,2005\050095.00.00 Sembler Brooks Village\0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)clean.DOC Agenda Item No. 8B September 26, 2006 Page 79 of 200 29) Personal services (Groups 7212, pick -up and drop -off only, with no on- site dry cleaning permitted , Group 7291, Group 7299, babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 30) Photographic studios (Group 7221). 31) Physical fitness facilities (Group 7991). 32) Public administration (Groups 9111 -9199, 9229, 9311, 9411 -9451, 9511- 9532, 9611- 9661). 33) Real estate (Groups 6531- 6552). 34) Retail nurseries, lawn and garden supply stores (Group 5261). 35) Shoe repair shops and shoeshine parlors (Group 7251). 36) Security and commodity brokers, dealer, exchanges and services (Groups 6211- 6289). 37) Transportation services (Group 4724), travel agencies only. 38) United States Postal Service (Group 4311 except major distribution center). 39) Veterinary services (Groups 0742, 0752 excluding outside kenneling). 40) Videotape rental (Group 7841). 41) Any other land use which is comparable to a land use identified in the above - referenced list of permitted uses subject to the procedures set forth in the LDC for granting such comparable land use approvals. Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition I1I -3 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)cl ean. DOC Aaendl item No. 8B September 26, 2006 Page 80 of 200 B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities and signage. 2) Eating/ picnic areas. 3) Storm water management facilities and structures. 4) Uses and structures that are accessory and incidental to the uses permitted as of right in the C -1, C -1 /T District in effect as of the date of approval of this CPUD. 5) Uses and structures that are accessory and incidental to the customary uses permitted as of right in the C -2 District in effect as of the date of approval of this CPUD. 6) Uses and structures that are accessory and incidental to the uses permitted as of right in the C -3 District in effect as of the date of approval of this CPUD. C. Prohibited Uses 1) Metal mining (Major Group 10). 2) Coal mining (Major Group 12). 3) Oil and gas extraction (Major Group I' 3). 4) Mining and quarrying of nonmetallic minerals, except fuels (Major Group 14). 5) Drinking places (Group 5813) and liquor stores (Group 5921). 6) Mail order houses (Group 5961). 7) Merchandizing machine operators (Group 5962). 8) Power laundries (Group 7211). 9) Crematories (Group 7261) (Does not include non - crematory funeral parlors). Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition I11 -4 QA2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)elean.D0C Agenda Item No. 8B September 26, 20016 Page 81 of 200 l 0) Radio, TV representatives (Group 730 13) and direct mail advertising services (Group 7331). 11) NEC recreational shooting ranges, waterslides, etc. (Group 7999). 12) General hospitals (Group 8062), psychiatric hospitals (Group 8063), and specialty hospitals (Group 8069). 13) Elementary and secondary schools (Group 8211), colleges (Group 8221), junior colleges (Group 8222), libraries (Group 8231). 14) Correctional institutions (Group 9223). 15) Waste management (Group 9511). 16) Homeless shelters (Group 8361) and soup kitchens. 17) Sexually oriented businesses, as defined in Ordinance No. 91 -43, as may be amended. Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition 3.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to the project perimeter, individual parcel or lot boundary lines, or between structures, as applicable. B. MAXIMUM COMMERCIAL INTENSITY: No more than one - hundred and five thousand (105,000) square feet of gross leasable floor area may be developed within the CPUD. No single land use may exceed 60,000 square feet of gross leasable floor area. Project development intensity is limited to the issuance of certificates of occupancy for no more than 60,000 square feet of gross leasable floor area prior to the completion of the Collier Boulevard (CR -951) six - laning project from Immokalee Road to Golden Gate Boulevard. C. PUBLIC OPEN SPACE: A public open space shall be provided as green space within a pedestrian- accessible courtyard as required by the LDC. No impervious surfaces shall be permitted within the south one hundred (100') feet of Golden Gate Estates Tract 114. D. PEDESTRIAN WAYS: The commercial land uses shall be interconnected by pedestrian friendly sidewalks, walkways, and marked crosswalks through the parking areas. III -5 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)c1ean.D0C Alae 1f,a !tees No. 8B September 26, 2006 Page 82 of 200 E. ARCHITECTURAL STYLE: All buildings shall have tile roofs. "Old Florida style" metal roofs. or decorative parapet walls above the roofline. The buildings shall be finished in light, subdued colors, except for decorative trim. F. SIGNAGE: Signage related to the shopping center is prohibited on l I 1 Avenue S.W. G. PUD MASTER PLAN: The CPUD Master Plan shall be the plan of development, with permitted design latitude of twenty -five (25 %) percent flexibility of land use location north of the south one hundred (100') feet of Golden Gate Estates Tract 114. H. HOURS OF OPERATION: Customer operating hours shall be limited to the hours between 6:00 AM and Midnight. Shopping center deliveries shall be limited to the hours between 6:00 AM and 10:00 PM; ACCESS LIMITATION: No impervious surfaces are permitted within the south one hundred (100') feet of Golden Gate Estates Tract 114. III -6 Q:A2005 \050095.00.00 Sembler Brooks VillageA0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)cl ean. DOC Agenda Item No. 8B September 26, 2006 Page 83 of 200 TABLE II COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES MAXIMUM BUILDING COVERAGE MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA FLOOR AREA RATIO MAXIMUM GROSS LEASABLE FLOOR AREA MIN FRONT YARD MIN SIDE YARD MIN REAR YARD MIN PRESERVE SETBACK NONE 10,000 Square Feet (S.F.) 75 FEET 700 S.F. NONE 105,000 50% of the building height, but not less than 25 feet ** 50% of the building height, but not less than 15 feet 50% of the building height, but not less than 15 feet 25 FEET MIN. DIST.BETWEEN STRUCTURES 30 FEET MAX. BLDG. HT. 50 FEET * ** ACCESSORY STRUCTURES FRONT l0 FEET SIDE NONE REAR NONE PRESERVE SETBACK 10 FEET MIN. DIST. BETWEEN STRUCTURES 50% of the building height, but not less than 15 feet * Temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet, and are not subject to setback requirements as set forth above. ** Parcels with two frontages may reduce one front yard by 10 feet. * ** Actual building height as defined by the LDC. III -7 Q:\1-005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)clean.DOC SECTION IV PRESERVE AREA 4.1 PURPOSE Agenda ft em No. 8B September 26, 2006 Page 84 of 200 The primary function and purpose of Tract P is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, in their natural state and to utilize this Tract for buffering from property abutting the Neighborhood Center as provided in the Golden Gate Master Plan. 4.2 USES PERMITIED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, State and Federal permits, when required: A. Principal Uses: 1) Native preserves. 2) Water management facilities. 3) Mitigation areas. 4) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site "s natural attributes. IV -1 Q:\2005\050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)6ean.D0C SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE Agenda Item No. BE September 26, 2006 Page 85 of 200 The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL The developer, his successor or assignee, shall follow the Master Plan and the regulations of the CPUD as adopted. In addition, any successor or assignee in title to the developer is bound by any commitments within the CPUD. These commitments may be assigned or delegated to a commercial property owners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 5.3 DEVELOPMENT COMMITMENTS SPECIFIC TO THE BROOKS VILLAGE CPUD Development commitments specific to this CPUD are specified in Paragraph 5.7. 5.4 GENERAL COMMITMENTS A. Exhibit "A ", CPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. 5.5 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Brooks Village CPUD, except in preserve areas where landscape buffers are prohibited. However perimeter preserve areas may act as a buffer. All landscaping shall be in accordance with the Collier County LDC in effect at the time of final site development plan approval. The following standards shall apply: V -1 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning\Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)clean.DOC Agena Item No. 8v September 26, 2006 Page 86 o` 200 A. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. B. No structure shall encroach into a required landscape buffer unless permitted by the LDC. C. The applicant retains the right to construct fences or walls on the commercial side of the required landscape buffer for the residential property to the west. The fences or walls will not exceed five (5) feet in height, and shall be constructed of brick, stone, or wood. Concrete post, or rail type fences and walls, which are also permitted, shall be of open design (not covered by slats, boards or wire). D. The Brooks Village CPUD shall provide a 25 -foot wide landscape buffer abutting the external right -of -way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedge at least 24 inches in height at time of planting and attaining a minimum of three feet in height within one year. A minimum of 50% of the 25 -foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native trees shall be retained within this 25 -foot wide buffer area. Water retention /detention areas shall be allowed in this buffer area if left in a natural state. Drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. 5.6 LIGHTING All lighting facilities shall be architecturally - designed, and shall be limited to a height of twenty -five (25) feet. Such lighting facilities shall utilized low pressure sodium, or similar bulbs, and be shielded from neighboring residential land uses. Halogen lighting is prohibited. 5.7 DEVELOPMENT COMMITMENTS TRANSPORTATION The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: A. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first Certificate of Occupancy (CO). B. Site - related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO or requested by Collier County. V -2 QA2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)clean.DOC Agenda item No. 8B September 26, 2006 Page 87 of 200 The southbound right turn lane into 1 lt" Avenue SW will not be considered site - related if modified as part of the CR -951 roadway project. Should the development precede CR -951 improvements, the developer shall address any turn lane improvements at this location as determined at the time of development order application if approved by the Board of County Commissioners. C. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. D. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. All external access points, including both driveways, proposed streets, pedestrian and vehicular interconnections are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage or property line. All such access issues shall be approved or denied during the review of any applications for development orders. All such access shall be consistent with the Collier County Access Management Policy (Resolution No. 01 -247), as it may be amended from time to time, and with the Collier County Long Range Transportation Plan. The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. E. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right -of -way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO or within 60 days of when requested by the County. F. Payment in lieu of sidewalks and bike lanes for Collier Boulevard frontage shall be required. The amount shall be determined utilizing the FDOT 2004 Transportation Costs, as amended. Payment shall be required within 90 days of the approval of the rezoning petition by the Board of County Commissioners, or prior to the release of the review for the corresponding site development plan, or plat application, whichever is first. Should the existing sidewalks along Collier Boulevard remain undisturbed through the impending roadway improvements, the developer shall be exempt from making the payment in lieu of construction set forth above. V -3 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21-06 (CCPC rev6)clean.DOC Agenda Item No. 8B September 26; 2006 Page 88 o'1200 G. At the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter. The exact location will be determined during site development plan review. H. The developer shall donate 20 feet of right -of -way and a 10 -foot shared slope and construction easement along the Pine Ridge Road frontage; and the developer shall donate up to 5 feet of right -of -way and a 10 foot shared slope and construction easement along the Collier Boulevard frontage. The required right - of -way along the Collier Boulevard frontage shall be determined by Collier County. The 10 -foot shared slope and construction easement may be counted towards the required 25 -foot landscape buffer and if a sidewalk is installed, no additional landscape buffer shall be required. The dedications shall be provided within 60 days of a written request from Collier County or prior to approval of the final site development plan, whichever occurs first. The developer shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. The developer agrees to provide water management for the entire right -of -way of Pine Ridge Road improvement project along the entire frontage of the property. J. Prior to the approval of the first development order, the developer agrees to pay $25,000.00 for its proportionate share of the Collier Boulevard and Pine Ridge Road signalization and construction improvements. WATER MANAGEMENT The development of this CPUD Master Development Plan shall be subject to and governed by the LDC UTILITIES AND ENGINEERING The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: A. The development shall be subject to application for and conditions associated with a Water and Sewer Availability Letter from Collier County Utilities Division. V -4 Q1,2005\050095.00.00 Sembler Brooks Village10003 CPUD Rezoning\Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)clean. DOC Agenda item too. 8B September 26, 2006 Page 89 of 200 ENVIRONMENTAL The development of this CPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Department. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation/preservation areas shall be designated as preserves on all construction plans and, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be dedicated on the plat to the project commercial property owners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. In the event the project does not require platting, all conservation areas shall be recorded as conservation easements dedicated to the project's commercial property owners' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty -five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and shall be subject to review and approval by Environmental Services staff. D. The CPUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF &WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species ". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to the Environmental Services staff for review and approval prior to final site plan/construction plan approval. E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. F. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site /construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. V -5 Q:\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)clean.DOC T,genca Item loo. 8S September 26, 2006 Page 00 of 200 G. The CPUD shall be consistent with the Conservation and Coastal Management Element of the Collier County GMP in effect at the time of final development order approval. H. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final site plan/ construction plan approval. I. Areas that fulfill the native vegetation retention standards and criteria of the GMP shall be set aside as preserve areas. J. All principal structures shall have a minimum setback of 25 feet from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 -foot setback. Where jurisdictional wetlands are a component of a preserve, a structural buffer shall be required to utilize the 10 foot setback. 5.8 DEVELOPER'S COMMITMENTS A. The Developer shall donate a school bus stop facility in an area prescribed by Collier County School board staff; B. Off-site, project related traffic improvements must be completed prior to commencement of on -site project development; C. The Developer shall make a donation to the Collier County Housing Development Corporation in the amount of $0.50 per square foot of gross leasable floor area as depicted on approved Site Development Plans. D. Developer shall donate palm lined (no greater than 75 feet on center), sidewalks on both sides of 11"' Avenue SW, adjacent to the CPUD boundary; E. No light or glare shall impact adjacent Estates Zoned properties. Utilization of low pressure sodium, or similar intensity lighting shall be utilized. Halogen lighting is prohibited. V -6 Q\2005 \050095.00.00 Sembler Brooks Village \0003 CPUD Rezoning \Brooks Village CPUD - county staff approved 7 -21 -06 (CCPC rev6)c1ean.DOC Agenda Item No. 83 September 26, 2006 Page 91 of 200 DEVELOPER CONTRIBUTION AGREEMENT BROOKS VILLAGE THIS AGREEMENT ( "Agreement ") is made and entered into this day of 2006, by and between SEMBLER FLORIDA, INC., a Florida corporation, whose address is P.O. BOX 41847, ST. PETERSBURG, FL 33743 -1847, LDJ ASSOCIATES, LTD, a Florida limited partnership, and all other parties other than the County listed in the signature portion of this Agreement, whose address is , hereinafter collectively referred to as "Developer ", and The Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, hereinafter referred to as "County." RECITALS: WHEREAS, Developer has legal control over or is the owner of approximately 22.7 acres of property in unincorporated Collier County, Florida, on which Developer will construct a commercial retail project to be known as Brooks Village, to be developed pursuant to the Brooks Village CPUD, which development is identified in the map attached as Exhibit "A" (hereinafter referred to as the "Development "); and WHEREAS, Developer is willing to make certain donations, at no cost to County, including, but not limited to, a (i) twenty (20) foot right -of -way and a ten (10) foot shared slope and construction easement along the Pine Ridge Road frontage of the Development, as well as (ii) five (5) foot of right -of -way and a ten (10) foot shared slope and construction easement along the Collier Boulevard frontage of the Development, and (iii) construct or make a payment in lieu of CAT bus stop with shelter; and WHEREAS, Developer is willing to provide storm water management for the full width of the right -of -way of the Pine Ridge Road improvement project along the entire frontage of the Development on Pine Ridge Road; and WHEREAS, prior to the approval of the first development order, Developer is willing to pay to County $25,000.00 for its proportionate share of the Collier Boulevard and Pine Ridge Road intersection signalization and construction improvements; and WHEREAS, this Agreement is structured to ensure that adequate public facilities are available to serve the Development concurrent with when the impacts of the Development occur on the public facilities; and WHEREAS, this Agreement shall not become effective until approval of the rezoning of the Development and the expiration of all applicable appeal periods to challenge the rezone approval with no appeal or other challenge having been filed, or if an appeal or challenge is filed, then thirty -five (35) days after entry of unappealed court order upholding the rezoning; and and WHEREAS, the parties have agreed to certain other terms and conditions set forth below; Page 1 of 13 Agenda item No. S3 September 26, 2006 Page 92 of 200 WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board finds that the terms and conditions set forth below are in conformity with contemplated improvements and additions to the County's transportation network, and are consistent with both the public interest and with the County's comprehensive plan, and other regulations pertaining to development. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. At the earlier to occur of (i) sixty (60) days from written request from County, or (ii) the approval of the final Site Development Plan for the Development, Developer shall convey the Right of Way Property to County. The conveyance of the Right of Way Property to the County will be free and clear of all liens and encumbrances, except easements for utilities and drainage. County will pay the costs of any title work and searches, and Developer shall pay all costs for promptly removing or curing any liens, encumbrances, or deficiencies revealed in any title work. The ten (10) foot shared slope and construction easements which make up a portion of the Right of Way Property shall be applied to the twenty five (25) foot landscape buffer for the Development and if a sidewalk is installed within the (25) foot landscape buffer, County agrees that no additional landscape buffer will be required. 3. Developer will provide County approved water management for the entire section of Pine Ridge Road which fronts the Development. 4. Prior to the approval of the first development order, Developer shall pay $25,000.00 which represents Developer's proportionate share of the Collier Boulevard and Pine Ridge Road intersection signalization and construction improvements. 5. At the request, and in the sole discretion, of County, Developer shall install, at its sole cost and expense, or make payment in lieu of construction to County, to construct a Collier Area Transit ( "CAT ") bus stop with shelter. The exact location shall be determined during the Site Development Plan review. 6. Both County and Developer acknowledge and agree that the contributions to be made by Developer for the benefit of the public, pursuant to the terms of this Agreement, specifically, a (i) 20 foot of right -of -way and 10 foot shared slope and construction easement along the Pine Ridge Road frontage of the Development, (ii) (5) foot of right -of -way and a 10 foot shared slope and construction easement along the Collier Boulevard frontage of the Development, (iii) $25,000.00 contribution for the Collier Boulevard and Pine Ridge Road intersection signalization and construction project, and (iv) construction of a CAT bus shelter or payment in lieu of construction, and (v) providing stormwater facilities for Pine Ridge Road right -of -way, have a combined fair market value of Five Hundred Thousand and 00 /100ths Page 2 of 13 Agenda Item No. 8E September 26, 2006 Page 93 of 200 Dollars ($500,000.00). No impact fee credits, purchase price or other consideration outside the terms of this Agreement are to be paid to Developer for these contributions. 7. It is intended that the Development will at build -out contain approximately 105,000 gross leasable square feet of retail commercial space. At this time, Developer is seeking to obtain a Certificate of Adequate Public Facilities ( "Certificate ") vesting the Developer's Project to construct 60,000 gross leasable square feet of retail commercial space for the purposes of meeting the County's Transportation Concurrency requirements. Accordingly, in consideration of the foregoing contributions by Developer, and in order not to overcharge Developer with respect to the estimated transportation impact fees that are contemplated, after the expiration of all appeal periods for Developer's CPUD Ordinance without an appeal filed, and within one hundred twenty (120) days of said expiration, Developer shall pay County fifty - percent (50 %) of the estimated transportation impact fees due for 60,000 gross leasable square feet of authorized retail commercial uses, based upon the impact fee rate for retail commercial over 100,001 square feet in size. Upon payment of these estimated impact fees, County shall issue an Adequate Public Facilities Certificate (the "Certificate ") vesting the Development for transportation concurrency for 60,000 gross leasable square feet of the authorized retail commercial uses. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the issuance of building permits, as well as the actual impact fee land use category sought by such permits. Payment of these fees vests the development entitlements for which the Certificate applies on a continuous basis for three years unless otherwise relinquished. Final vesting of this Certificate shall be in accordance with the Collier County Land Development Code. This initial estimated 50 percent impact fee payment is non - refundable after payment and receipt of the Certificate. S. 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. Except as otherwise provided herein, this Agreement shall only be amended or cancelled by mutual written consent of the parties hereto or by their successors in interest. 9. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 10. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 11. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Developer shall pay all costs of recording this Agreement. A copy of the recorded document will be provided to the Developer upon request. Page3of13 Agenda Item No. 8B September 26, 2006 Page 94 of 200 12. This Agreement shall be governed by and construed under the laws of the State of Florida. The parties shall attempt in good faith to resolve any dispute concerning this Agreement through negotiation between authorized representatives. If these efforts are not successful, and there remains a dispute under this Agreement, the parties shall first use the County's then current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may then file an action in the Circuit Court of Collier County, which shall be the exclusive venue with respect to any disputes arising out of this Agreement. [SIGNATURE PAGE TO FOLLOW] Page 4 of 13 Agenda Item No. 5B September 26, 2006 Page 95 of 200 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA , Deputy Clerk WITNESSES: Printed Name Printed Name WITNESSES: Printed Name Printed Name WITNESSES: Printed Name Printed Name WITNESSES: Printed Name Printed Name Frank Halas, Chairman SEMBLER FLORIDA, INC., a Florida corporation By: Its: Print Name LDJ ASSOCIATES, LTD., a Florida limited partnership By: Its: Print Name LARRY E. BROOKS, as Trustee, and as Trustee under that certain Declaration of Trust dated August 26, 1997 BETTY MERRIAM For Estate of Bion R. Merriam Page 5 of 13 WITNESSES: Printed Name Printed Name WITNESSES: Printed Name Printed Name WITNESSES: Printed Name Printed Name WITNESSES: Printed Name Printed Name WITNESSES: Printed Name Printed Name Agenda Item No. 8b September 26, 2006 Page 96 of 200 JOHN W. MERRIAM Individually and for Estate of Bion R. Merriam THOMAS W. MERRIAM Individually and for Estate of Bion R. Merriam WILLIAM R. MERRIAM Individually and for Estate of Bion R. Merriam, and as sole Trustee of the Betty M. Merriam Revocable Trust dated October 25, 1993 LARRY E. BROOKS VALERIE A. BROOKS Page 6 of 13 WITNESSES: Printed Name Printed Name WITNESSES: Printed Name Printed Name WITNESSES: Printed Name JAMES E. BROOKS DAVID L. BROOKS MARIA R. BROOKS Agenda Item No. 8B September 26, 2006 Page 97 of 200 Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of 2006 by as the of Sembler Florida, Inc., a Florida corporation, who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of , 2006. Notary Public NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name Commission No Page 7 of 13 Expiration Date Agenda Item No. 8B September 26, 2006 Page 98 of 200 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this , day of , 2006 by as the of LDJ ASSOCIATES, LTD., a Florida limited partnership, who is personally — known to me or has produced as identification. WITNESS my hand and official seal this day of , 2006. Notary Public NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name Commission No. Expiration Date STATE OF FLORIDA COUNTY OF COLLIER _. The foregoing instrument was acknowledged before me this , day of 2006 by as the of Declaration of Trust dated August 26, 1997 who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of , 2006. Notary Public NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name Commission No. Expiration Date Page 8 of 13 Agenua ;tern No. SP- September 26. 2006 Paae 99 of 200 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this , day of , 2006 by as the of Estate of Bion R. Merriam who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of Notary Public NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Printed Name Commission No. STATE OF FLORIDA COUNTY OF COLLIER 2006. Expiration Date The foregoing instrument was acknowledged before me this . day of 2006 by as the of Estate of Bion R. Merriam who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No Page 9of13 2006. Expiration Date Agenda Item No. 8B September 26, 2006 Page 100 of 200 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of ' 2006 by as the of Estate of Bion R. Merriam who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of , 2006. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Expiration Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged , 2006 by as the Merriam and as sole Trustee of the Betty M. Merriam Rei who is personally _ known to me or has produced WITNESS my hand and official seal this NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL before me this , day of of Estate of Bion R. - ocable Trust dated October 25, 1993 as identification. day of , 2006. Notary Public Printed Name Commission No. Page 10 of 13 Expiration Date Agenda Item No. 85 September 26. 2006 Page 101 of 200 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this , day of , 2006 by LARRY BROOKS who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL STATE OF FLORIDA COUNTY OF COLLIER Notary Public Printed Name 2006. Commission No. Expiration Date The foregoing instrument was acknowledged before me this , day of , 2006 VALERIE A. BROOKS who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No Page I I of 13 2006. Expiration Date Agenda item No. 8B September 26. 2006 Page 102 of 200 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2006 by JAMES E. BROOKS who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of , 2006. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No Expiration Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of , 2006 by DAVID L. BROOKS who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of , 2006. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Notary Public Printed Name Commission No. Expiration Date Page 12 of 13 Agenda Item No. 8B September 26, 2006 Page 103 of 200 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this , day of , 2006 by MARIA R. BROOKS who is personally _ known to me or has produced as identification. WITNESS my hand and official seal this day of , 2006. NOTARY RUBBER STAMP SEAL OR EMBOSSED SEAL Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney 499135 v-01 1 111323.0002 Notary Public Printed Name Commission No. Page 13 of 13 Expiration Date Agenda Item No. 8B September 26, 2006 Page 104 of 200 BROOKS VILLAGE CPUD AR -8337 08/18/06 PETITIONER'S PROPOSED LANGUAGE FOR COLLIER COUNTY PLANNING COMMISSION RECOMMENDED CONDITIONS OF APPROVAL A. Signage related to the shopping center is prohibited on 11th Avenue S.W.; Petitioner's Proposed Language (P� Signage in the 11th Ave. SW ROW shall be limited to traffic signage as approved by CCDOT. Should there be ingress into the shopping center from 11 `h Ave., then the center will not have a "Directory Sign " as defined in S. 06.04 C. 3., nor an "on premise sign " as defined in S. 06.04 C. Commercial directional or identification signs as provided in 5.0604 C.13. shall be allowed along any center driveway that connects to 11th Ave. SW. B. No single land use may contain greater than 60,000 square feet of gross leasable floor area; PPL No single permitted use may contain greater than 60, 000 sf of gross leasable floor area. C. The Developer shall pay for a school bus stop in an area prescribed by Collier County School board staff; PPL The Developer shall construct and /or donate cash in lieu for a school bus stop shelter to serve the 11'h Ave. SW residents in a location prescribed by CC School Board staff. D. No impervious surfaces are permitted within the south one hundred (100') feet of Golden Gate Estates Tract 114. PPL No buildings, or parking facilities are permitted within the south one - hundred (100) feet of Golden Gate Estates Tract 114. Signage, concrete sidewalks, ingress and incidental traffic pavement as provided in "K" below, are permitted in this area. E. The County well site must be eliminated entirely from the CPUD; PPL The County well site easement area is deleted fi°om the CPUD Master Plan and the location shall be determined in the future. F. The CPUD Master Plan is the plan of development, with permitted design latitude of twenty -five (25 %) percent flexibility of land use location, north of the south one hundred (100') feet of Golden Gate Estates Tract 114; G. Off -site, project related traffic improvements must be completed prior to commencement of on -site project development; Agenda Item No. 8D September 26, 2006 Paae 105 of 200 H. Shopping center operational hours are limited to the hours between 6:00 AM and Midnight. Shopping center deliveries are limited to the hours between 6:00 AM and 10:00 PM; Sexually oriented businesses are prohibited; J. Project development intensity is limited to the issuance of certificates of occupancy for no more than 60,000 square feet of gross leasable floor area prior to the completion of the Collier Boulevard (CR -951) six- laning project from Immokalee Road to Golden Gate Boulevard. PPL Project development intensity is limited to the issuance of certificates of occupancy for no more than 60, 000 square fee of gross leasable floor area upon zoning approval. Issuance of certificates of occupancy for remainder square feet of gross leasable floor area shall be allowed 15 months after zoning approval. K. If Collier Boulevard northbound access to 11th Avenue SW is maintained, then access to the shopping center shall be limited to an 11th Avenue SW resident's left in; PPL If Collier Boulevard northbound access to 111h Avenue SW is maintained, and the Collier County Transportation Division permits a right -out only connection to Collier Boulevard in a location south of the main project access to Collier Boulevard, then access to the shopping center shall be limited to a public right ingress, and a I1 th Avenue SW resident's left ingress. If Collier Boulevard northbound access to 11th Avenue SW is maintained, and the Collier County Transportation Division does not permit a right -out only connection to Collier Boulevard in a location south of the main project access to Collier Boulevard, then access to the shopping center from 11 `h Ave. SW shall include a public right ingress /egress, and a 11 th Avenue SW resident's left ingress. L. The Developer shall contribute to the Collier County Housing Development Corporation $0.50 per square foot of gross leasable floor area as depicted on approved Site Development Plans; PPL Add: the payment shall be made as a condition of the issuance of a Building Permit and the amount shall be for the gross leasable floor area.for that particular Building Permit. I 51I �8 A s I I r� I I/ II �r �4 r� y� R i Jill I I I I I 1 I r I I I II I 1I .III � III II `i II p II F II t; II II IIII II F` III R$ ZDNING: SINGLE FAMILY RESIDENTIAL $ I yo 9 ( g II o f o $ a I o I P ❑ I � Z r O n 0 s 6 r'1 BOIrEVAw � � : � of «vr�'unroc® p�q r �>: b ce -�vi Pr Rq 9r Rq Yq RF Rr ^i iq • � n v� v5 v� v� 9 {{Z ! Y Cib CC C� C6 C6 CC Cr C� C6 as ! 66 > va as va va va va va va va n_"fUca it_ui INU September 26, 2 m Page 106 of N�Q Z P N v z � I I � I I � j � = I I I I I I I � -1 ° ° ° ° EXHIBIT A" " 2 SEMBLER FLORIDA, INC. BROOKS VILLAGE 'D Aw ""mow S1U..LmT.�IN .. C: Epam CPUD PETITIONERS POP0.AL 90 MAMfiMAN MOT 77 i n0..HN raiMa gMSM d>%l�alp Ftt p.1N9�Mlo `/ Aaenda lien No. 8B �/ anasse qW9e 1 26, 200 107 of 200 0 Daylar ZONING TRAFFIC IMPACT STATEMENT SEMBLER BROOKSVILLAGE COMMERCIAL DEVELOPMENT August 19, 2005 3 Update September 1, 2006 Collier Boulevard & Pine Ridge Road Collier County, Florida Prepared For: The Sembler Company 5858 Central Avenue St. Petersburg, Florida 33707 Job # 8091 1.03 Prepared By: Vanasse & Daylor, LLP 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 t 239.437.4601 F 239.437.4636 w vanday.com Agenda Item No. 8B September 26, 2006 Page 108 of 200 STATEMENT OF CERTIFICATION I certify that this ZONING TRAFFIC IMPACT STATEMENT has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Ernest R. Spradling P.E. Florida Registration #61235 VanasseDaylor, LLP 12 73 0 New Brittany Boulevard, Suite 600 Fort Myers, Florida 33907 (239) 437 -4601 Collaborators Reed K Jarvi P.E. Nelson A. Galeano Brooks Vlllage Commercial Development Statement of Certification ._- r''Jo. On 26. 2006 )9 of 200 �T a 80911 Sao w 80917 —Loc euwm SWP a n as s e Dayi o r 12730 No Briuw� ledevad Lie i00 Fart 7n+ti FI 77917 + 279.4I7A611 +D9A77Ad3{ i001 Twimi Ieii North4 Lie 20f N001 FI34107 +171.403.1123 +2)9.1{3.509{ • rmd .en � m n& s y 5858 Cenfrol Avenue SL Petersburg, FL 33707 au rrs r.I.W a -n -as sea2Wer B/pQkBD@yB%A) Exhibit 1 G:\ projects \809 \80911 \Traffic \80911- Loc.dwg, 8/23/2006 11:55:12 AM, HPENG.pci Agenda Item No.! 8B September 26. 2 06 Page 110 of 00 Table of Contents INTRODUCTIONAND SUMMARY ............................................................ ............................... 1 PROPOSEDDEVELOPMENT ....................................................................... ............................... 3 EXISTING AND PROPOSED LAND USE .............................................................................. ..............................3 Table 2 AREACONDITIONS ..................................................................................... ............................... 3 SITEACCESSIBILITY ............................................................................................................. ..............................3 Table 4 PROJECTEDTRAFFIC .................................................................................. ............................... 5 TRIPGENERATION ................................................................................................................. ..............................5 Table 6 TRIP DISTRIBUTION AND ASSIGNMENT .......................................................................... ..............................7 Table 7 SIGNIFICANCETEST .............................................................................................................. ..............................7 PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES .................................... ..............................9 ANALYSES................................................................................................... ............................... 10 CAPACITYAND LEVEL OF SERVICE ................................................................................ .............................11 SITEACCESS ........................................................................................................................... .............................14 TRANSPORTATION CONCURRENCY MANAGEMENT AREA CONSIDERATIONS .... .............................21 IMPROVEMENTSANALYSIS ................................................................... ............................... 22 MITIGATIONOF IMPACT ......................................................................... ............................... 23 List of Tables Table 1 Project Trip Generation Table 2 Site- Generated Trip Distribution Table 3 Significance Test Table 4 Link - specific Background Traffic Data based on Concurrency Segment Tables Table 5 Background Traffic Growth Projections based on Historical Growth Rates Table 6 Link Analysis Results Table 7 Intersection Analysis Results List of Exhibits Exhibit 1 Location Map Exhibit 2 Study Area and Studied intersections Exhibits 3 A &B Site- Generated Percentage Distribution Option A & B respectively Exhibits 4 A &B Pass -By Deductions Option A & B respectively Exhibits 5 A &B PM Traffic Assignment Option A & B respectively Exhibit 6 PM Background Traffic Exhibits 7 A &B PM Total Traffic Option A & B respectively Appendix Brooks Village Commercial Development Page i Table of Contents fiaenca Item No. SB September 26, 260,3 Page i 11 of �00 I INTRODUCTION AND SUMMARY Vanasse & Daylor, LLP (VanasseDaylor) is providing this Zoning Traffic Impact Statement for the proposed Sembler Brooks Village Commercial Development. The purpose of this study is to provide to the Collier County Transportation Operations Review Department adequate information to assure that any traffic - related problems are anticipated and that effective mitigation measures are identified as part of a Rezoning request. The proposed Brooks Village Commercial Development will consist of up to 105,000 sq ft of commercial retail uses, The project buildout is planned for the 2008 peak season. Exhibit 1 shows the location of the Brooks Village Commercial Development site. The levels of service for all the impacted links are projected to be within SFmAx standards. Two different access configurations were analyzed. Option A considered the 111h Avenue SW & Collier Boulevard intersection as a directional movement intersection. This option requires two accesses on Collier Boulevard: one Right- in/Right -out and one Right -out, and one Right- in/Left- in access on 1 lth Avenue SW. Option B considers closing the median opening at the 111h Avenue SW & Collier Boulevard intersection, converting into a directional (Left- in/Right- in/Right -out) access on Collier Boulevard. The Appendix contains plans for both options. The following lane configurations are recommended for the unsignalized accesses: Option A Pine Ridge Road & RI(RO Access: • Eastbound right turn lane • Northbound right turn lane Collier Boulevard& RIM Access: • Eastbound right turn lane • Southbound right turn lane Collier Boulevard& RO Access: • Eastbound right turn lane one lane (235 feet long) one lane (125 foot throat depth) one lane (50 foot throat depth) one lane (235 feet long) one lane (50 foot throat depth) Collier Boulevard & I I' Avenue SW (Directional — Movement Access) • Southbound right turn lane one lane (235 feet long) Brooks Village Commercial Development I hProjeas\ a0918091I1Traf0c =91I_TIS_00IR4.dm Agenda Item Nc.1 8B September 26. 2 06 Paae 112 of 00 1Im Avenue SW & RI /D Access: • Westbound right turn lone Option 8 Pine Ridge Road & Rl1RO Access: • Eastbound right turn lane • Northbound right turn lane one lone (135 feet long) one lone (235 feet long) one lane (125 foot throat depth) Collier Boulevard& Directional — Movement Access: • Northbound left turn lane one lane (235 feet long) • Eastbound right turn lone one lane (50 foot throat depth) • Southbound right turn lone one lane (235 feet long) Collier Boulevard& RO Access: • Eastbound right turn lone one lane (50 foot throat depth) Collier Boulevard & 11'h Avenue SW (RMO Access): • Southbound right turn lane one lane (235 feet long) The Collier Boulevard & Pine Ridge Road intersection is projected to operate acceptably under both traffic scenarios. The developer proposes to pay the appropriate Collier County Road Impact Fees at the building authorization stage. The developer also proposes to construct the site - related improvements identified at the site accesses. TCMA strategies and proportionate share contributions may be necessary. Brooks Village Commercial Development 2 1:Trojects\809\8091 I %Traffic\80911_TIS_00I R4.doc 4,genda item [v,o ] BE September 26, 2 g6 Page 11:, o 00 PROPOSED DEVELOPMENT EXISTING AND PROPOSED LAND USE The project site is in the southwestern quadrant of the Collier Boulevard (C.R. 951) & Pine Ridge Road (CR 895) intersection in Collier County. The parcel is currently unoccupied. The proposed project will consist of up to 105,000 sq ft of commercial retail uses. The project buildout is planned for the 2008 peak season. Exhibit I shows the location of the Brooks Village Commercial Development site. AREA CONDITIONS SITE ACCESSIBILITY Area Roadway System The existing roadway conditions for the area of the project were used to provide the base Buildout roadway network. Exhibit 1 shows the existing roadways in the vicinity of the project. The study area is in Northwest Transportation Concurrency Management Area (TCMA). The roadway system inside the study area consists of the following arterial and major collector roads and streets (see Exhibit 1): Collier Boulevard (CR 95 1) Collier Boulevard (CR 951) in the study area will be an arterial north -south four- and six -lane divided roadway under county jurisdiction. The roadway alignment is fairly level and tangent. The speed limit is posted at 45 miles per hour (mph). Pine Ridge Road (CR 895) Pine Ridge Road (CR 895) in the study area is an east -west four- and six -lane divided arterial roadway under county jurisdiction. The roadway alignment is fairly level and tangent. The speed limit is posted at 45 miles per hour (mph). It is a four -lane facility along the site frontage. Pine Brooks Village Commercial Development 3 I:IProiects18 0 91809 1 lkTraffid80911 TIS_001R4.doc Ridge Road terminates at Collier Boulevard. The fourth leg of the intersection is a local street named White Boulevard. TRAFFIC VOLUMES VanasseDaylor reviewed available data and model projections to estimate background and future traffic volumes for the study area. Data reviewed included the Collier County 2010 and 2020 Agenda Item No September 26, 2 Page 114 of Ridge Road terminates at Collier Boulevard. The fourth leg of the intersection is a local street named White Boulevard. TRAFFIC VOLUMES VanasseDaylor reviewed available data and model projections to estimate background and future traffic volumes for the study area. Data reviewed included the Collier County 2010 and 2020 Financially Feasible Model from Florida Standard Urban Transportation Model Structure (Collier FSUTMS), Collier County Transportation Planning Department 2004 Traffic Count Report (Collier 2004 Counts), and Collier County Concurrency Segments Tables dated June 30, 2006 and the 2004/05 AUIR. The Appendix contains copies of the applicable data used. Exhibit 2 shows these links in the study area, along with the studied existing intersections and proposed site accesses. Committed Roadway Improvements Roadway improvements are constructed in order to help alleviate current area road deficiencies and to support future area development. For purposes of this study, knowing that a roadway improvement is "committed" means that the characteristics of the higher -level facility may be used in the reserve capacity estimates. Roadway improvements that are currently under construction, or are scheduled to be constructed within the FY 2006 to FY 2008 time frame were considered to be committed improvements. These were identified in the Collier County Transportation Improvement Plan Year 2005/2006- 2010/2011. The committed improvements that could affect the area include: • Collier Boulevard: * 6 -lane expansion from Golden Gate Boulevard to Pine Ridge Road beginning 2008 * 6 -lane expansion from Green Boulevard to 1 -75 beginning 2010 8a )06 >00 Acienca Item Nol 6B September 26, 2 06 Page 115 of 100 PROJECTED TRAFFIC TRIP GENERATION Site - generated trips were estimated using Institute of Transportation Engineers (ITE) Trip Generation (7`h Edition), in accordance with current Collier County policy. The following trip generation formulas were used: Shopping Center (LU B20)• ADT: Ln(T) = 0.65 Ln(X) + 5.83 AM Peak Hour: Ln(T) = 0.60 Ln(X) + 2.29 PM Peak Hour: LnM = 0.66 Ln(X) + 3.40 PASS -BY T= Ln (T) = -0.291 Ln (X) + 5.001 Bank With Drive (LU 912)• ADT: T = 182.34(X) + 256.87 AM Peak Hour. T = 12.34(X) PM Peak Hour: T = 45.74(X) Pharmacy with Drive (LU 881): ADT: T = 88.16 (X) AM Peak Hour. T = 2.66(X) PM Peak Hour: T = 8.62(X) PASS -BY 44% Since the proposed development will have dissimilar land uses, a percentage of the site - generated traffic will be captured by the land uses inside the development and not be introduced to the external roadway network. Internal capture and Pass -by deductions were estimated using rate and summary sheets shown in the ITE Trip Generation Handbook, An ITE Recommended Practice as agreed to in the Initial Meeting (see Appendix). Table 1 summarizes the trip generation calculations for this development. The site - generated trip estimates, the internal capture trips and pass -by deductions were computed using FDOT Trip Generation, Internal Capture, and Pass -by Software (TIPS — see Appendix for TIPS Outputs). The Brooks Village Development will be a shopping center and should be analyzed as a shopping center (ITE LU 820) use for a zoning level TIS. However, for this particular project, significant site planning has been completed for discrete uses within the development. Although these discrete land uses are by no means finalized, in accordance with previous CCPC requests, site - generated trip estimates were included for these discrete land uses. Since the trip generation for the discrete land uses was higher than that of the general shopping center land use, it was used throughout the analysis to provide a conservative estimation of the project's traffic impacts. Brooks Village Commercial Development 5 1AProjects1809W9111TrafficW91 I_TIS_OOIR4.doc Agenda Item Nol 8B September 26, 2 06 Page 116 of 00 This analysis should be used for informational purposes only and should be assumed a conservative case scenario. TABLE I Site - generated Trip Estimates Land Use Shopping Center (LU 820) Internal Capture (Daily /PM) Pass -by Deduction Net External Primary Trips Pharmacy w[Drive- through Window (LU 88 1) Internal Capture (Daily /PM) Pass -by Deduction Net External Primary Trips Bank w/ Drive (LU 912) Internal Capture (Daily/PM) Passby Deduction Net External Primary Trips Bank w/ Drive (LU 912) Internal Capture (Daily /PM) Passby Deduction Net External Primary Trips Totals All Uses Aggregated into LU 820 Land Use Shopping Center (LU 820) Pass -by Deduction Net External Primary Trips 5,948 313 185 128 509 240 269 WKDY AM Peak PM Peak S22Y 1lpLt DALIX Toul Enter Exls Total Er= Ex-IL 105,000 SF 7,010 161 98 63 647 311 336 38% -248 -124 -124 7,010 161 98 63 399 187 212 Brooks Village Commercial Development 6 I:1Projects180918091 I1TritOc48091 I_TIS_00IR4.doc WKDY AM Peak PM Peak OTY Q= JA4 I=W Enter Exit IQW E,= EX2_ 80,806 SF 5,913 138 84 54 544 261 283 .292 -32 .16 -16 .1,911 -212 -ID6 -106 3,710 138 84 54 300 139 161 14,550 SF 1,283 39 22 17 125 61 64 .258 -24 -12 -12 -372 -49 -25 -24 653 39 22 17 52 24 28 4 Lanes 1,645 78 45 33 204 102 102 -292 -32 -16 -16 -372 -81 -41 -40 981 78 45 33 91 45 46 3 Lanes 1,234 58 34 24 153 76 77 -258 -28 -14 .14 .372 -59 -30 -29 604 58 34 24 66 32 34 5,948 313 185 128 509 240 269 WKDY AM Peak PM Peak S22Y 1lpLt DALIX Toul Enter Exls Total Er= Ex-IL 105,000 SF 7,010 161 98 63 647 311 336 38% -248 -124 -124 7,010 161 98 63 399 187 212 Brooks Village Commercial Development 6 I:1Projects180918091 I1TritOc48091 I_TIS_00IR4.doc Agenda 11-m No 8B September 26. 2 100 06 Page 1 17 o TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distribution is based on locations of generators in the area surrounding the project and engineering judgment. Table 2 presents the assumed distribution. Exhibit 3 graphically presents the same data. TABLE 2 Site - generated Trip Distribution Trip Dist Link Enter Exit CR 951 N of Pine Ridge 30% 30% CR 951 S of Pine Ridge 50% 40% CR 951 S of Site 30% 30% Pine Ridge W of CR 951 0% 30% Pine Ridge W of Site 20% 20% White Blvd E of CR 951 20% 20% Exhibit 4 presents the proposed entering and exiting traffic in the PM Peak Hours at the Project Access Points on Collier Boulevard and Pine Ridge Road and at the nearby CR 951 & Pine Ridge Road intersection. The PM Peak Hour traffic characteristics were studied because the site - related land use peak hour typically occurs in the PM Peak Hour of the adjacent street traffic. Exhibit 5 presents the application of the pass -by deductions. SIGNIFICANCE TEST According to Collier County Land Development Code (LDC) Section 6.02.62: "M. Significance Test: Impact for the impact traffic analysis purposes for a proposed development project will be considered significant: 1. On those roadway segments directly accessed by the project where project traffic is equal to or greater than 3% of the adopted LOS standard service volume; 2. For those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to 3% of the adopted LOS standard service volume; or 3. For all other adjacent segments where the project traffic is greater than 5% of the adopted LOS standard service volume. Once traffic from a development has been shown to be less than significant on any segments using the above standards, the development's impact is not required to be analyzed further on any additional segments." Brooks Village Commercial Development 7 1:%Projects180918091 11TrafficIB091 I TIS_001R4.doc gendG Item Na 1 138 September 26. 2 VO 6 Page 118 of In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (1) the project will utilize 3 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next to adjacent link, 5 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. Significance was estimated according to Collier County's 3/3/5 rule using the adopted link - specific performance standard maximum service flowrate (SFina,;) contained in the AUIR in accordance with Collier County practice, and the links were evaluated to determine whether projected operation would be within County standards. The data resources used for this analysis are shown in the Appendix. Table 3 presents the significance test results. TABLE 3 Significance Test Site as STD Site % of Link From 14 SEaux Trios LOS Std Collier Blvd Immokalee Rd Golden Gate Blvd 3,300 81 2.4% Collier Blvd Golden Gate Blvd Pine Ridge Rd 3,300 81 2.4% Collier Blvd South of Pine Ridge Rd 3,300 27 0.8% Pine Ridge Rd Logan Blvd Collier Blvd 2,800 48 1.7% White Blvd CR 951 East 54 The analysis shows that no roadway segments have estimated site - generated trips that are significant ( >3 percent of the SF..). Consistent with historical Collier County practice, the link data collection and analyses were limited to the three arterial links shown in Table 3. The intersection capacity analyses were limited to the CR 951 intersections at RI/RO access and full movement access, the Pine Ridge Road & RURO access, and the CR 951 & Pine Ridge Road intersection. It is important to note that although the Collier Boulevard segment from Pine Ridge Road to Green Boulevard will remain 4 -lane divided for the time being (e.i. the six laning improvement will carry through the intersection), there will be intersections improvements at Collier Boulevard & Pine Ridge Road intersection that will actually improve the SF.,., however, this is undefined at this time. Brooks Village Commercial Development 8 lAl`roiects\809\809111Traffic \8091 I_TIS_00IR4.doc September 26, 2 06 page 119.of 00 PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES Background traffic volumes were developed using multiple sources. Specific Link volume data for CR 951, Golden Gate Parkway, Davis Boulevard and Radio Road were provided by the Collier County Transportation Department. These link volumes consisted of recorded 2005 directional Peak Hour volumes and "banked" trips that were assigned to the links for previously approved developments (see the Appendix - Concurrency Segment Tables dated June 30, 2006). This is the methodology that is currently in use by Collier County for tracking the availability of reserve capacity on specific roadway links as part of their concurrency management efforts. White Boulevard was not included in the analyses because it is not included in the AUIR. Growth projections were computed. Table 4 presents the link - specific background traffic data for the links in front of the site with the information contained in the Concurrency Segment tables and 2004/05 AUIR. TABLE 4 Link - specific Background Traffic Data ConcSeg June 30, 2006 Link From TQ Collier Blvd Golden Gate Blvd Pine Ridge Rd Collier Blvd Pine Ridge Rd Green Blvd Pine Ridge Rd Logan Blvd Collier Blvd LOS DPK TRIP TOT REM CAPY LANES STO 3 BANK VOL CAP 3,300 6 E 1,680 678 2,358 942 3,300 6 E 1,680 678 2,358 942 2,800 4 D 1,240 93 1,333 1,467 Since this is a rezoning application, the historical growth rate trends were computed for the links shown in Table 3 and were applied to the Directional Peak Hour volumes for comparison purposes. Table 5 presents the growth rate computational results. The volumes were projected to the Buildout Year (2008) and Five -year planning horizon (2011). It should be noted that the Collier Boulevard link names are different in the Concurrency Segment and 2004 Traffic Count tables. In the Concurrency Segment Table, Golden Gate Parkway is the northern terminus of the link and Green Boulevard is the southern terminus, with Pine Ridge Road being between the termini. In the AADT tables, Golden Gate Parkway is the southern terminus and Pine Ridge Road is the northern terminus. This is because Golden Gate Brooks Village Commercial Development 9 1AProiects1809=91 I\Traffic18091 I_TIS_001R4.doc Agenda Item Nol 85 September 26, 2 06 Page 120 of 00 - Parkway and Golden Gate Boulevard are two separate streets separated by three miles of Collier Boulevard, with Pine Ridge Road and Green Boulevard located between them. TABLES Background Traffic Growth Projections - Buildout (2008) Based on Historical Growth AADT Growth DPK Hr Vol REM Link From 12 2404 24.4.4 &= 249.;2 2008 CM She Collier Blvd Pine Ridge Rd Golden Gate Blvd 25,465 35,421 8.6% 1,680 2,150 3,300 1,150 Collier Blvd Golden Gate Pkwy Pine Ridge Rd 24,157 29,570 5.2% 1,680 1,960 3,300 1,340 Pine Ridge Rd Logan Blvd Collier Blvd 16,554 23,481 9.1% 1,240 1,610 2,800 1,190 Background Traffic Growth Projections - Five Year (201 1) Based on Historical Growth AADT Growth DPK Hr Vol REM Lick From TO 2444 200d Base 200 2411 CAPY SAP. Collier Blvd Pine Ridge Rd Golden Gate Blvd 25,465 35,421 8.6% 100 2,760 3,300 540 Collier Blvd Golden Gate Pkwy Pine Ridge Rd 24,157 29,570 5.2% 1,680 2,280 3,300 1,020 Pine Ridge Rd Logan Blvd Collier Blvd 16,554 23,481 9.1% 1,240 2,090 2,800 710 The projected background traffic volumes from the Concurrency Segment table were assigned to the roadway links in front of the site. These volumes are shown in Exhibit 6. 11 th Avenue SW is a local residential street that has about 60 houses along its length. Site - generated trips were estimated for the existing dwellings and assigned to the CR 951 & 11th Avenue (south site access) intersection. The CR 951 & Pine Ridge Road intersection taming movement volumes were estimated by assigning the approach link volumes to the approach taming movement proportions as directed by Collier County staff on previous projects. These estimated volumes are also shown on Exhibit 6. The Total traffic assignments are shown in Exhibit 7. ANALYSES The directional split of new trips was applied to the site - generated traffic volumes to determine the site - generated vehicle trips assignment. The site - generated vehicle -trip assignments were Brooks village Commercial Development 10 l:\Projects\809W9l ffraffic\8091 I_TIS_001 R4.doc Agenda Item N; f806 B September 26, 2 Page 121 of 00 added to the background traffic - volume networks to determine the Build -out traffic volume conditions. Collier County LDC Section 6.02.03(D) 4. says, "(c)onstruction of the required capital improvement is included in the first or second year of either the Florida DOT five (5) year work program or the first or second year of the Collier County Schedule of Capital Improvements adopted as part of the Annual Update and Amendment of the Capital Improvements Element (CIE) and Collier County Annual Budget that follows approval of the AUIR." The current CIE was adopted October 2005, and the Collier County Annual Budget and current Concurrency Segment Table capacities were based on the 2005 AUIR. The roadway approach lane uses for the CR 951 & Pine Ridge Road intersection were based on the Collier County practice of constructing dual left turn lanes, exclusive right turn lanes, and maintaining through lane continuity through intersections. Timing data for non -GREEN intervals were set as directed by Collier County. CAPACITY AND LEVEL OF SERVICE Link Analyses Link Levels of Service were evaluated for both Background and Total Traffic conditions for this project. The Performance Standard Maximum Service Flowrates (SF,,,.,,) for different roadway segments were provided by the Collier County Transportation Planning Department with the Concurrency Segment data. Copies of these data are contained in the Appendix. Table 6 presents the link analysis results. The levels of service for CR 951 and Pine Ridge Road in the vicinity of the project are projected to be within SFmAx standards. Brooks Village Commercial Development I 1 lA ProjectsW9= 9111Traffic180911_TIS_00IR4.doc Agenda Item No. 8E3 September 26, 2006 Page 122 of 200 TABLE 6 Link LOS Analysis Results Based on Concurrency Segment (June 30, 2006) Link From Tg Collier Blvd Golden Gate Blvd Pine Ridge Rd Collier Blvd South of Pine Ridge Rd Pine Ridge Rd Logan Blvd Collier Blvd Based on Historical Projections for Buildout (2008) PK Hr Dir Traffic W /In SFMx? BKGD 5j= Total Em" BKGD Tout 2,358 72 2,430 3,300 Y Y 2,358 27 2,385 3,300 Y Y 1,333 48 1,381 2,800 Y Y The foregoing determinations were based on link specific background traffic data contained on Table 4. Additional analyses were conducted on the site access intersections. The analyses were conducted using the TrafficwareM software package, SYNCHRO® version 6.0 to determine probable intersection operations. Two different Buildout Year conditions were analyzed: Background Traffic and Total Traffic. The committed roadway improvements were assumed to be constructed in accordance with Collier County practice. Two different access configurations were analyzed. Option A considered the l lth Avenue SW & Collier Boulevard intersection as a directional movement intersection. This option requires two accesses on Collier Boulevard: one Right in/Right Out and one Right Out, and one Right ln/Left Brooks Village Commercial Development 12 lAProjectsW0918091I\Traffid8091 I_TIS_D01R4.doc PK Hr Dir Traffic W /In SF,,Ikx ? l nk Erom TO BKGQ Site Total Emu BKGD Tel Collier Blvd Golden Gate Blvd Pine Ridge Rd 2,150 72 2,222 3,300 Y Y Collier Blvd South of Pine Ridge Rd 1,960 27 1,987 3,300 Y Y Pine Ridge Rd Logan Blvd Collier Blvd 1,610 48 1,658 2,800 Y Y Based on Historical Projections for Five Year Window (201 1) PK Hr Dir Traffic W /In SF MAX? "k From TQ BKGD Site Total ;;E a= BKGD Total Collier Blvd Golden Gate Blvd Pine Ridge Rd 2,760 72 2,832 3,300 Y Y Collier Blvd South of Pine Ridge Rd 2,280 27 2,307 3,300 Y Y Pine Ridge Rd Logan Blvd Collier Blvd 2,090 48 2,138 2,800 Y Y Intersection Analyses The foregoing determinations were based on link specific background traffic data contained on Table 4. Additional analyses were conducted on the site access intersections. The analyses were conducted using the TrafficwareM software package, SYNCHRO® version 6.0 to determine probable intersection operations. Two different Buildout Year conditions were analyzed: Background Traffic and Total Traffic. The committed roadway improvements were assumed to be constructed in accordance with Collier County practice. Two different access configurations were analyzed. Option A considered the l lth Avenue SW & Collier Boulevard intersection as a directional movement intersection. This option requires two accesses on Collier Boulevard: one Right in/Right Out and one Right Out, and one Right ln/Left Brooks Village Commercial Development 12 lAProjectsW0918091I\Traffid8091 I_TIS_D01R4.doc Agenda lief � No. September 26, 2006 Facie 123 of 200 In access on 11`h Avenue SW. Option B considers closing the median on the 11th Avenue SW & Collier Boulevard intersection. The Option B requires a directional access on Collier Boulevard. The Appendix contains plans for both options. If no degradation to the service level of an intersection using total traffic volumes was identified, then no additional analyses were performed on that intersection. Copies of the analysis results are contained in Appendix. The studied intersections are shown in Table 7. TABLE 7 Intersection LOS Analysis Results UnAznalized Intersection" (Critical Approach) RI/RO Access on Pine Ridge Rd (NBR) RI/RO Access on Collier Blvd (EBR) RO Access on Collier Blvd (EBR) I Ith Ave. SW & Collier Blvd ( *) RI /Ll Access on I I th Ave. SW Directional Access on Collier Blvd (EBR) * For BKGD (NBL), for Option A (NBL) 8. for Option B (EBR) Signalized Intersection Collier Blvd & Pine Ridge Rd Total Delay (Hours) Number of Stops D 43 D 41 D 41 69 68 5825 5449 The analyses indicate that the Collier Boulevard & Pine Ridge Road intersection is projected to exhibit no significant change to operations because of the estimated site - generated traffic. The Collier Boulevard & Ilth Avenue SW intersection (south Access) is projected to exhibit high delays (LOS F, 108 sec /veh for the NB left turn) under background traffic conditions as an unsignalized intersection. Under option A conditions the same intersection is projected to exhibit acceptable delays (LOS C, 19 sec /veh for the eastbound left turn movement). Under option B conditions, the delay at Collier Boulevard & 11`h Avenue SW intersection is projected to Brooks Village Commercial Development 13 1:1Pro)ectsW918091 ffraf6c180911_T15_001 R4.doc PM PK Hr Dir Traffic Option A Option B BKGD Total Total Delay Delay Delay LOS LOS LOS sec/veh sedveh sedveh n/a C 22 C 22 n/a A 10 n/a n/a B 10 n/a F 101 C 19 B II n/a A 7 n/a n/a nla C 18 D 43 D 41 D 41 69 68 5825 5449 The analyses indicate that the Collier Boulevard & Pine Ridge Road intersection is projected to exhibit no significant change to operations because of the estimated site - generated traffic. The Collier Boulevard & Ilth Avenue SW intersection (south Access) is projected to exhibit high delays (LOS F, 108 sec /veh for the NB left turn) under background traffic conditions as an unsignalized intersection. Under option A conditions the same intersection is projected to exhibit acceptable delays (LOS C, 19 sec /veh for the eastbound left turn movement). Under option B conditions, the delay at Collier Boulevard & 11`h Avenue SW intersection is projected to Brooks Village Commercial Development 13 1:1Pro)ectsW918091 ffraf6c180911_T15_001 R4.doc Agenda stern No. 8B September 26, 2005 Page 24 of 200 conditions, the delay at Collier Boulevard & 1 Vh Avenue SW intersection is projected to decrease about 40% (8 sec /veh). SITE ACCESS ANALYSES Site Access analyses were completed utilizing SYNCHRO® software, which is based on the Highway Capacity Manual 2000 (HCM 2000), and applied to Build -out year traffic. The Appendix contains the SYNCHRO® computer printouts. The purpose of these analyses is to evaluate the operational characteristics and needs of the site accesses, and to recommend access point locations. It was recognized during the study process that need for, and length of need of, turn lanes, and how those lengths of need would interact with neighboring accesses and improvements, would affect the recommended access configurations, and their location along the site frontage. Four parameters were used in order to reach the recommendations: current land uses in the area, entering and exiting turn movement assignments, the capacity analysis results, the turn lane length of need analysis results, and the proximity of the proposed access to neighboring accesses /intersections. According to the Collier County Right -of Way Ordinance #2003 -37, left turn lanes must be provided whenever the left turn volume into a development is two (2 %) of the Level of Service "C" daily volume or whenever the highest hourly volume of turning movement is 20 vehicles or more. The same ordinance establishes that right turn lanes must be provided whenever the right turn volume into a development is two (4 %) of the Level of Service "C" daily volume or whenever the highest hourly volume of turning movement is 40 vehicles or more. The FDOT Index 301 and Figure 3 -15 of the Manual of Uniform Minimum Standards were used for conceptual geometric design (see Appendix). Collier County uses the roadway posted speed as the turn lane design speed. According to FDOT Standard Index 301, the deceleration lane length for a 45 mph posted speed is 185 feet. The turn lanes on Collier Boulevard and Pine Ridge Road should therefore be furnished with 185 -foot deceleration lanes in addition to the applicable storage lanes. Brooks Village Commercial Development 14 1AProjects1BD9\B09l ffraffic%091 I_TIS_00I R4.doc °t ger1 -'s item No. SE September 26, 2006 Page 125 of 200 Option A Pine Ridge Road & RURO Access Capacity Analyses This access was evaluated to determine the projected intersection operations during the PM Peak Hour. The Unsignalized Intersection analysis clearly indicated that side -street STOP - controlled intersection operation will provide acceptable operational characteristics for traffic trying to exit the site. (LOS C, 22 sec /veh for PM Peak Hour) using a R1/R0 access. Northbound Approach Analysis This project is estimated to generate 307 vph northbound right turning movements during the PM Peak Hour. The SYNCHRO® analyses project a 95th percentile queue length of 104 ft. The minimum throat depth should therefore be 125 ft. Right Turn Analysis (Eastbound Approach) This project is estimated to generate 86 eastbound right turns during PM Peak Hour. An eastbound right turn lane will be warranted at the Pine Ridge Road. SYNCHRO® computed a 0 foot queue length. This proposed left turn lane should be 235 feet long (50 foot storage + 185 foot deceleration lane with taper). Access Point Location The access is proposed to be located approximately 730 feet west of the CR 951 & Pine Ridge Road intersection centerline. Collier Boulevard & RI /RO Access Capacity Analyses This access was evaluated to determine the projected intersection operations during the PM Peak Hour. The Unsignalized Intersection analysis clearly indicated that side -street STOP - controlled intersection operation will provide acceptable operational characteristics for traffic trying to exit the site. (LOS A, 10 sec /veh for PM Peak Hour) using a R1/RO access. Brooks Village Commercial Development is I:1Proje=\80918091 I}Traffic18091 I_TIS_00I R4.doc Agenda Item No. 8B September 26, 2006 Page 126 of 200 Eastbound Approach Analysis This project is estimated to generate 46 vph eastbound right turning movements during the PM Peak Hour. The SYNCHROO analyses project a 95th percentile queue length of S ft. The minimum throat depth should therefore be 50 ft. Right Turn Analysis (Southbound Approach) This project is estimated to generate 176 southbound right turns during PM Peak Hour. For this reason, a southbound right turn lane will be warranted at the Collier Boulevard. SYNCHRO® computed a 0 foot queue length. This proposed left turn lane should be 235 feet long (50 foot storage + 185 foot deceleration lane with taper). Access Point Location The access is proposed to be located approximately 740 feet south of the CR 951 & Pine Ridge Road intersection centerline. Collier Boulevard & Right-out Access Capadry Analyses This access was evaluated to determine the projected intersection operations during the PM Peak Hour. The Unsignalized Intersection analysis clearly indicated that side - street STOP - controlled intersection operation will provide acceptable operational characteristics for traffic trying to exit the site. (LOS B, 10 sec /veh for PM Peak Hour) using a Right -out access. Eastbound Approach Analysis This project is estimated to generate 46 vph eastbound right turning movements during the PM Peak Hour. The SYNCHRO® analyses project a 95" percentile queue length of 14 ft. The minimum throat depth should therefore be 50 ft. Access Point Location The access is proposed to be located approximately 980 feet south of the CR 951 & Pine Ridge Road intersection centerline. Brooks Village Commercial Devetopment 16 1:1Pro)eas%0918091 Uraffic%80911 TIS_001 M doc I agenda Item No_ 8S September 26, 2006 Page 127 of 200 Collier Boulevard & I I `h Avenue SW (Directional- Movement Access) Capacity Analyses This access was evaluated to determine the projected intersection operations during the PM Peak Hour. Under background traffic conditions, and considering the full- movement access, the Unsignalized Intersection analysis clearly indicated that side - street STOP - controlled intersection operation will not provide acceptable operational characteristics for eastbound left turning traffic trying to exit the side street (LOS F, 101 sec /veh for PM Peak Hour). Under total traffic conditions and considering the access as a directional access, the Unsignalized Intersection analysis clearly indicated that side - street STOP - controlled intersection operation will provide acceptable operational characteristics not only for eastbound left turning traffic trying to exit the side street (LOS B, 11 sec /veh for PM Peak Hour), but also for the northbound left turn movement trying to enter the side street (LOS C, 19 sec /veh). Left Turn Analysis (Northbound Approach) This project is estimated to generate 204 vph northbound left turning movements during the PM Peak Hour. Exclusive northbound left turn lane is therefore necessary on this approach. The SYNCHRO® unsignalized analysis computed a 61 foot queue length. This proposed left turn lane should be 260 feet long (75 foot storage + 185 foot deceleration lane with taper). The existing northbound left turn lane is approximately 380 feet long. No additional improvement to the turn lane is necessary. Since the peak hour approach speeds should be about 5 -10 mph lower on CR 951 than the off -peak speeds, the deceleration lane length of need would be shorter. This would allow a longer effective storage lane. Right Turn Analysis (Southbound Approach) This project is estimated to generate 16 southbound right turns during PM Peak Hour. For this reason, a southbound right turn lane will be warranted at the Collier Boulevard. The SYNCHRO® unsignalized analysis computed a 0 foot queue length. This proposed right turn lane should be 235 feet Iong (50 foot storage 1 185 foot deceleration lane with taper). Brooks Village Commercial Development 17 lAProjectsW918091 nTraffic=91 I TIS_001 R4.doc Agenda item No. SB September 26. 2006 Page 128 of 200 Right Turn Analysis (Eastbound Approach) This project is estimated to generate 20 eastbound right turns during PM Peak Hour. For this reason, an eastbound right turn lane will not be warranted at the 1 Ph Avenue SW. Access Point Location The access will be located approximately 1,310 feet south of the CR 951 & Pine Ridge Road intersection centerline. This is the location of 11`h Avenue SW. / 1' Avenue SW & (Right- inkeft -in Access) Capacity Analyses This access was evaluated to determine the projected intersection operations during the PM Peak Hour. The Unsignalized Intersection analysis clearly indicated that side - street STOP - controlled intersection operation will provide acceptable operational characteristics for traffic trying to exit the site. (LOS A, 0 sec /veh for PM Peak Hour) using a Right- in/Left -in access. Left Turn Analysis (Eastbound Approach) This project is estimated to generate 0 vph eastbound left turning movements during the PM Peak Hour. For this reason, an eastbound left turn lane will not be warranted at the 11 `h Avenue SW. Right Turn Analysis {Westbound Approach) This project is estimated to generate 180 westbound right turns during PM Peak Hour. For this reason, a westbound right turn lane will be warranted at the 11 th Avenue SW. The SYNCHRO® unsignalized analysis computed a 0 foot queue length. This proposed right turn lane should be 235 feet long (50 foot storage + 185 foot deceleration lane with taper). Access Point Location The access will be located approximately 400 feet west of the CR 951 & 11th Avenue SW intersection centerline. Brooks Village Commercial Development 18 1A l`roiects1BO%8091I\Traffic18O91 I TIS_OOIR4.doc Agenda item No 5 Septetner 26, 2 [So Page 129 of 00 Option B Pine Ridge Road & RI /RO Access Capacity Analyses This access was evaluated to determine the projected intersection operations during the PM Peak Hour. The Unsignalized Intersection analysis clearly indicated that side - street STOP - controlled intersection operation will provide acceptable operational characteristics for traffic trying to exit the site. (LOS C, 22 sec /veh for PM Peak Hour) using a R11RO access. Northbound Approach Analysis This project is estimated to generate 307 vph northbound right turning movements during the PM Peak Hour. The SYNCHR O®analyses project a 95`h percentile queue length of 104 ft. The minimum throat depth should therefore be 125 ft. Right Turn Analysis (Eastbound Approach) This project is estimated to generate 86 eastbound right turns during PM Peak Hour. An eastbound right turn lane will be warranted at the Pine Ridge Road. SYNCHRO® computed a 0 foot queue length. This proposed left turn lane should be 235 feet long (50 foot storage + 185 foot deceleration lane with taper). Access Point location The access is proposed to be located approximately 730 feet west of the CR 951 & Pine Ridge Road intersection centerline. Collier Boulevard & Directional Access Capodi y Analyses This access was evaluated to determine the projected intersection operations during the PM Peak Hour. The Unsignalized Intersection analysis clearly indicated that side - street STOP - controlled intersection operation will provide acceptable operational characteristics for traffic trying to exit the site. (LOS C, 18 sec/veh for PM Peak Hour) using a directional access. Brooks Village Commercial Development 19 1AProjects180M091 I \Traffia0911_TIS_OO I R4.doc Agenda Item No &B September 26, 2 06 Page 130 of 00 Left Turn Anolysis (Northbound Approach) This project is estimated to generate 180 vph northbound left turning movements and 24 U -turn movements during the PM Peak Hour. Exclusive northbound left turn lane is therefore necessary on this approach. The SYNCHRO® unsignalized analysis computed a 49 foot queue length. This proposed left turn lane should be 235 feet long (50 foot storage + 185 foot deceleration lane with taper). It is required an opening median in front of this access. No additional improvement to the turn lane is necessary. Since the peak hour approach speeds should be about 5 -10 mph lower on CR 951 than the off -peak speeds, the deceleration lane length of need would be shorter. This would allow a longer effective storage lane. Eastbound Approach Analysis This project is estimated to generate 164 vph eastbound right turning movements during the PM Peak Hour. The SYNCHRO® analyses project a 95`h percentile queue length of 21 ft. The minimum throat depth should therefore be 50 ft. Right Turn Analysis (Southbound Approach) This project is estimated to generate 176 southbound right turns during PMPeak Hour. For this reason, a southbound right turn lane will be warranted at the Collier Boulevard. SYNCHRO® computed a 0 foot queue length. This proposed left turn lane should be 235 feet long (50 foot storage + 185 foot deceleration lane with taper). Access Point Location The access is proposed to be located approximately 980 feet south of the CR 951 & Pine Ridge Road intersection centerline. Collier Boulevard & f I' Avenue SW (RI /R0 Access) Capacity Analyses This access was evaluated to determine the projected intersection operations during the PM Peak Hour. Under background traffic conditions, and considering the full- movement access, the Unsignalized Intersection analysis clearly indicated that side - street STOP - controlled intersection operation will not provide acceptable operational characteristics for eastbound left Brooks Village Commercial Development 20 lA Nvjecc s18091BD91I1Traffic18091 !_TIS_OOIR4.doc A,oenda Item Nol Ut September 25. 2 u6 Page 131 of 00 turning traffic trying to exit the side street (LOS F, 101 sec /veh for PM Peak Hour). Under total traffic conditions and considering a Right In /Right Out access, the Unsignalized Intersection analysis clearly indicated that side - street STOP - controlled intersection operation will provide acceptable operational characteristics for eastbound right turning traffic trying to exit the side street (LOS B, 11 sec/veh for PM Peak Hour) Wght Turn Analysis (Southbound Approach) This project is estimated to generate 40 southbound right turns during PM Peak Hour. For this reason, a southbound right turn lane will be warranted at the Collier Boulevard. The SYNCHR O®unsignalized analysis computed a 0 foot queue length. This proposed right turn lane should be 235 feet long (50 foot storage + 185 foot deceleration lane with taper). Right Turn Analysis (Eastbound Approach) This project is estimated to generate 20 eastbound right turns during PM Peak Hour. For this reason, an eastbound right turn lane will not be warranted at the 11 `" Avenue SW. Access Point Location The access will be located approximately 1,310 feet south of the CR 951 & Pine Ridge Road intersection centerline. This is the location of 11 `" Avenue SW. TRANSPORTATION CONCURRENCY MANAGEMENT AREA CONSIDERATIONS The proposed Sembier Brooks Village Development is located southwest comer of the of the Collier Boulevard & Pine Ridge Road intersection in Collier County. This project is in the East Central Transportation Concurrency Management Area (TCMA). In accordance to the Collier County Land Development Code Section 6.02, "to maintain concurrency, each TCMA shall maintain 85% of its north -south lane miles and 85% of its east -west lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of the GMP Transportation element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the Brooks 'tillage Commerdal Development 21 I:\Projects18 0 918 09 1 ffraffic18091 I_TIS_00IR4.doc Agenda Item No 8D September 26, 2 06 Page 132 of 00 development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capital Improvement Element of the GNP. An analysis of the north -south and east -west lane miles within the East Central TCMA found that with the proposed Sembler Brooks Village Development project as proposed, more than 85% of the lane miles meet LOS standards. In accordance with the LOS analysis, TCMA Transportation Demand Management (TDM) strategies and proportionate share contributions are not necessary for this project because of the projected impact. However, these strategies should be re- evaluated at the SDP stage. IMPROVEMENTS ANALYSIS Because many of the analyses were addressed in previous sections, this improvement analysis section will be limited to a conclusive narrative. The levels of service for all the impacted links are projected to be within SFMAX standards. The following lane configurations are recommended for the unsignalized accesses: Option A Pine Ridge Road & RI/RO Access: • Eastbound right turn lane one lane (235 feet long) • Northbound right turn lane one lane (125 foot throat depth) Collier Boulevard& RI /R0 Access: • Eastbound right turn lane one lane (50 foot throat depth) • Southbound right turn lane one lane (235 feet long) Collier Boulevard& RO Access: • Eastbound right turn lane one lane (5D foot throat depth) Collier Boulevard & 11' Avenue SW (Directional —Movement Arco c1 • Southbound right turn lane one lane (235 feet long) I I' Avenue SW & RI /LI Access: • Westbound right turn lane one lane (235 feet long) Brooks Village Commercial Development 22 1:1Projecrs\80918091 ffraffic18091 I TIS DOIR4.doc Agenda item Pic 8B September 26.2 06 Pace 33 c` 00 Option B Pine Rime Road & RNRO Access: • Eastbound right turn lane one lane (235 feet long) • Northbound right turn lane one lane (125 foot throat depth) Collier Boulevard& Directional — Movement Access; • Northbound left turn lane one lane (235 feet long) • Eastbound right turn lane one lane (50 foot throat depth) • Southbound right turn lane one lane (235 feet long) Collier Boulevard& RO Access: • Eastbound right turn lane one lane (50 foot throat depth) Collier Boulevard & I I"' Avenue SW (RI /RO Acom! • Southbound right turn lane one lane (235 feet long) The Pine Ridge Road intersection is projected to operate acceptably under both traffic scenarios. MITIGATION OF IMPACT The developer proposes to pay the appropriate Collier County Road Impact Fees. The developer also proposes to construct the site - related improvements identified at the site accesses. TCMA strategies and proportionate share contributions do not appear to be appropriate but should be revisited at the SDP stage. In addition, as specific transportation mitigation, the developer proposes to: • Contribute $25, 000 for intersection improvements • Donate 20 feet of rights -of -way on the Pine Ridge Road frontage • Donate 5 feet of rights -of -way on the Collier Boulevard frontage • Dedicate 10 feet for shared slope%onstruction easements which can also be used as buffers • Take into the project the stormwater runoff of a portion of the Pine Ridge Road expansion. • Construct or pay in lieu of a CAT bus shelter. Brooks Village Commercial Development 23 1:1Proleccs\80%809111Traffic \80911 TIS_00lR4.dcc E.HbK2 Agenda item No September 26, 2 e 134 of • I. Immoka" Road N w E • I. Exhiolt3A L n An n p I; a rn NV r t I n'- )06 ?00 )6 )0 8B 06 00 Exhibit5A OD )06 '.00 ExMhitrR sa 06 00 85 Exhlbit7A on 06 100 Exhibit7B ,n--. Ii -,., -, h!,-1 -7B Agenda Bern No BE September 26. 2 06 Page 144 of VO Agenda Item N September 26, 2006 Page 14 5 of 200 Agenda Item Rio. c B ConeSegmenu;_06_30_08.As September 26, 2006 Page '46 of X00 75 !Rattlesnake Hammock Polly Avenue Collier Boulevard 1880 4 D 680 283 843 1017 78 Santa Barbara Boulevard Green Boulevard Golden Gate Parkway 1930 4 D 1360 171 1531 398 77 Sane Barbara Boulevard Golden Gate Parkway Radio Road 3070 8 E 1620 363 1883 1187 717 Santa Barbara Boulevard Radio Road Davis Baulavartl 2790 6 E 970 536 1500 1204 80 SR 29 US 41 CR 837 875 2 C 130 0 130 745 81 SR 29 CR 837 175 876 2 C 130 0 130 745 82 _ SR 29 1 -76 CR 868 875 2 C 130 35 165 1 710 _ 83 SR 20 CR 858 CR 29A (New Market) 875 2 C 460 g6 5511 319 64 SR 29 CR 29A South N 15th St 1660 4 C 700 118 618 1644 85 SR 28 N 15th St CR 29A North 876 2 C 290 39 329 646 88 SR 29 CR 29A North SR 82 875 2 C 540 89 629 246 67 SR 215 Hendry County Line SR 82 875 1 2 C 280 1D 300 675 88 SR 82 .Lee County Line SR 29 875 2 C 540 84 624 251 89 Tamiami Tral East ,Four Corners Goodlette -Frank Road 3410 6 E 2080 815 2779 1231 90 Tamlam�� Goodletle -frank Road Davis Boulevard 3850 6 E 3500 206 3706 144 91 Tamiami TreA Easl Davis Boulevard Airport Road 2T50 6 E 1970 373 2343 407 92 1 Tamiaml Tray East Airport Road Rattlesnake Hammock 3200 6 E 2870 373 3243 -43 -93 Tamiami Tnp East Rattlesnake Hammock Triangle Boulevard 3600 6 E 1820 453 2273 1227 84 Tamiami Trail at Triangle Boulevard Collier Boulevard 320D 6 E 1470 581 2061 1139 96 IT2miami Trail Eaet Cohier Boulevard San Mane Drive 1D75 2 C 640 613 1253 -178 Bfi Tamiami Trail East .San Marco Drive SR 29 1075 2 C 270 10 280 796 97 ITamiaml Trail East SR 29 IDade County Line 076 2 C 220 3 223 852 98 !Tamiami Trail North Lee County Line Wiggins Pass Road 2400 e E 1910 184 2084 308 159 Tamiami Trail Narth Wggins Pass Road IM Bete Road 3520 6 E 2510 351 2861 058 100 Tamiami Trail N,On IMMOkalse ROW Vanderbat Beach Road 3370 6 E 2560 372 2932 438 101 !Tamiami Trah North VanderbAt Beach Road Gull Park Drive 3440 0 E 2490 194 217e4 756 102 Tamiami Trap N orh Gulf Park Drive Pine Ridge Road 3550 6 E 2800 1B8 2888 502 103 'Tamiami Trall North Pine Ridge Road Solana Road 3410 6 E 3010 99 3108 301 104 Tamiami Trait North Solana Road I Creech Road 3470 6 E 2790 62 2842 628 105 Tamiami Trah North Creech Road Gdtlen Ga4 Parkway 3320 6 E 2660 1 60 2610 710 106 Tamiami Trap North Golden Gate Parkway lCentral Avenue 315170 8 E 2120 73 2183 1667 107 Tamiami Tral North Central Averwe Goodlede -Frank Road 3880 6 E 2180 64 2234 1846 108 Thomasson Drive lBsyshore Drive US 41 East 760 2 D 400 50 458 302 109 Vanderbilt Beach Road Gultahore Drhre US 41 1290 2 E 1080 56 1146 144 110 Vanderbilt Beach Road US 41 �^ 1Akpurt Road 1820 4 2 1410 336 1746 74 111 Vanderbilt Beach Road .Airport Road Logan Boulevard. 3540 6 E 1440 298 1739 1801 112 Vanderbilt Beach Road Logan Boulevard Collier Bwlevard 3800 6 E 710 304 1014 2686 114 Vanderbilt Drive Lee County Line IWlggfns Paas Road 1075 2 D 640 93 733 342 115 Vanderbilt Drive Wiggins Pass R— oatl r11 tin Avenue u� 1150 2 1 ^D ( 670 51 721 429 117 Wiggins Pass Road 1VanderbAt Drive 'US 41 1050 2 D 480 107 567 483 122 f01 Well Road Immokalee Road _ !Everglades _ Boulevard 1010 2 D I 530 177 707 303 726 Pine Ridge Road Logan BoulevaM �Cdller Boulevard '- 2800 4 D i 1240 93 1333 1467 127 Immokalee Road Logan Bollevarid _� ICS R 951 3250 6 D 2240 lea 1 2428 1 822 13 SE ART-PLAN 4.0 m No. 26, 2006 Arterial Level of Service 147 of 200 .:iI) W 3S- ART -PLAN 4.0 !' Arterial Level of Service r Based on Chapter 11 of the 1997 Higharay Capacity Manual 1 Florida Department of Transportation Systems Planning Office - May 2000 '..... r CR 951 From: 1 -75 (N side) To: Pine Ridge Rd User Notes: Default Study Period: PM PEAK K Factor: 0.092 D Factor: 0.600 PHF: 0.950 Adj. Sat. Flow Rate: 1,900 Arterial AADT: 25,666 Posted Speed: 55 mph Section Length: 3.44 mi. Area Type: Urbanized Arterial Class: 1 Signal Type: Semlactuated Peak Direction Maximum Service Volume A B C D E Level of Service B AADT 22,600 41,100 41,100 41,100 41,100 PHV 1,250 2,270 2,270 2,270 2,270 Arterial Speed 40.0 mph % No Cycle Length Arrival Flow v/c Control n.iav Link LOS Speed LOS Level of Service B Arterial Speed 39.4 mph '/. No Cycle From To AADT PNV Turn., Lanes Lenott Pine Rid Green 1 -75 N Oft -Peak Direction maximum service volumes are not calculated for the off-peak drecdon. Arrival Flow vlc Control Int. Link T. a.t. Rabe n.i v LOS Speed LOS Printed:01/0712003 02:36:35 PM No. 85 6, 2 06 of 00 i-- _-____I-_ I>• iiiiiiiiiiiiii�liiiiiiiiiiiii�iiiiiiiiiiiiii�iiiiiiiiiiiii�� Level of Service B Arterial Speed 39.4 mph '/. No Cycle From To AADT PNV Turn., Lanes Lenott Pine Rid Green 1 -75 N Oft -Peak Direction maximum service volumes are not calculated for the off-peak drecdon. Arrival Flow vlc Control Int. Link T. a.t. Rabe n.i v LOS Speed LOS Printed:01/0712003 02:36:35 PM No. 85 6, 2 06 of 00 ART -PLAN 4.0 nac Arterial Level of Service Based on Chapter 11 of the 1997 Highway Capacity Manual Florida Department of Transportation Systems Planning Office - May 2000 \, Pine Ridge Rd From: I - 75 To: Collier User Notes: Default Study Period: PM PEAK K Factor: 0.092 D Factor: 0.620 PHF: 0.950 Adj. Sat. Flow Rate: 1,900 Arterial AADT: 53,900 Posted Speed: 45 mph Section Length: 3.00 mi. Area Type: Urbanized Arterial Class: 1 Signal Type: Semlactuated Peak Direction Maximum Service Volume A B C D E Level of Service ERR AADT NIA 20,700 47,900 50,000 50,000 *'. PHV N/A 1,180 2,730 2,850 2,850 Arterial Speed mph �� F__ Tn eenT ouV No Cycle Tii�ne . -_ -- . --- 11 -11 Length Arrival "--!. -.. Flow —1- vic Control ...... ....... Int. Link i ne S—d i nc Off -Peak Direction Level of Service C Maximum service volumes are not Arterial Speed 31.4 mph calculated for the off -peak direction. % No Cycle Length Arrival Flow vie Control Int. Link om To AADT PHV Turns Lanes Length 91C (feet) Type Rate Ratio Delay LOS Speed LOS Collier Logan Printed: 08/12/2003 05:00:19 PM ITem Nc..l, 8B ler 26, 2 O6 149 o'1200 �� 111 1®®1 i ©i��i�li© ' 11 ®lll��ili 4•�fillllJ — __I—_I_lllllllllll1l_— I_lllllllllll1111—I__I- ��■��_��_��_�_� i�iiiiiii�li�i�lali� Off -Peak Direction Level of Service C Maximum service volumes are not Arterial Speed 31.4 mph calculated for the off -peak direction. % No Cycle Length Arrival Flow vie Control Int. Link om To AADT PHV Turns Lanes Length 91C (feet) Type Rate Ratio Delay LOS Speed LOS Collier Logan Printed: 08/12/2003 05:00:19 PM ITem Nc..l, 8B ler 26, 2 O6 149 o'1200 { ■ IIEII ; !!_!!_■!| ƒlnp=. ; =� ; ■. {l : : =�� :IB!■ 7Z,. ■!� @��l. � ! �1,..,..�... a f!!\ §!�!E!l :Ees■ ] } 2 \ \ kk� ! ■!!! ■Kf ! {{ 2 l :E:! ![■ ! Agenda Item Ro 8B September 26, 2 06 Pa(e150 of OO � § ) 2 | | !!l2,E�s ■, _|!/ =r ■� |,; `¥ ,�,_._. :l. - §!■ -1 ;, ,) } !!! , }��:,_ ■, , §!! , ■■§ ,) �(._ ;� ;:�, .,!■ . ■,§ |,! �k §l ;nEE�Il� �,I= . ■ ■r ,.,�,. = :2.. . ; §■ . ; :! ! :! » .: ..!! .K.! ■ -� |�; ,\ ....., ;,:, . §�! � |■_ ,/ �..- �,..,, ;._� ;_. ;l, |. ■B� .�§� |,! ./ �B ;!!�� ■ ■� |_(__ _ |__ || || $| || |{ § |( \ \�{ ) | §§ 7|| §§ | \ \ kk� ! ■!!! ■Kf ! {{ 2 l :E:! ![■ ! Agenda Item Ro 8B September 26, 2 06 Pa(e150 of OO � § ) 2 | | § I ;!!■ � l2m2 � #!|| § ] ) 2 A■ "n ( � � � § 111mi m milli \\ -mill §1§MM. , »\,| / ^( (\ f!! „ ! � � , KgendaI%$ kc SB September x.2006 Page; -41 R 200 || ■� ƒ /}� §{{: ƒ[ ■ J f { ! !« /� }|! \ \{ m {k }[ §:�■ [ ; , } ) ! | { ]II7 ( { / • � ; E | ! ! «i 7� }) \ \ \\ \ |2 10.. � "1 / |$| - - -- e «=r KgendaI%$ kc SB September x.2006 Page; -41 R 200 || ■� ƒ /}� §{{: ƒ[ ■ J f { ! !« /� }|! \ \{ m {k }[ Agenda Item N 8B 0-� September 26, 2 06 Page 152 of 00 :8 yvoz N '!Vanasse===. Daylor., i Agenda item No. SE September 26, 2006 Paae 153 of 200 Agenda Item N-, SE HCM Unsignalized Intersection Capacity Analysis Timing Plan: PM Bk�pber 26, 2.606 4• coach Access & Collier Boulevard SEMBLER BROOKS VILLiPage 154 Of 200 t 1 �' cl, ` 0 ueue free % 64 99 9S Volume Lek 13 26 0 0 0 0 0 0 0 _ cSH 58 541 1.700 1700 1700 1700 1700 1700 1700 uaue Len 95th ft 3S 4 0 0 0 0 0 0 0 Lane LOS F B " -' -` 51 : i Mxv ar Approach LOS F ' Avers De la 0.6 Anal is Period min) I54 PM Background Traffic Synchro 6 Report Vanasse & Daylor, LLP - NG 1:1Projeccs%0918091 ffrafficlSynchro18091 I_R4_PM_BKGO.sy7 Agenda hem Pao. 85 Lanes, Volumes, Timings Timing Plan: PM Bkgcd ffipbeC 26, 2O06 2: Pine Ridge Road & Collier Boulevard SEMBLER BROOKS V1LL age 1 556 Of 2O0 t -► l '_ 4\ t I' �► Lane Group -- - "' EBL >EBT EBR- ,WBL -- WBT °''WBR ''NBIL 'NBT "NBR`" SBL ':- SBT' ''` -SBR Yes Yes Stonu Le„ (ft) 590 0 480 480 525 430 225 14.9 575 Tonal Lost Time (s 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Trailin Detector ft 0 0 0 0 0 0 0 0 0 0 0 0 heye Dela _D 0 0.0 0 0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 LOS F D B D D �C,E D ,gg��aq Satd. Flow rot 3433 3539 1583 3433 3539 _ 1583 3433 5085 1583 1770 5085 1583 FI C WFIM!1I 12 Satd.Flow erm)�, 3433 3539 1583 3433 3539 1583 343.3 5085 1583 rk 1770 5085 1583 Satd. Flow (RTOR) 138 3 228 138 r L"R _ IF q,. Link Distance (ft) ,.. 730 x, 840 MOMS 1310 i 2281 Volume�h,�� 428 210 _ 137 „ 272 52 214 1640 492 115 884 331 - '6�95� Lane Grou Flow {vph) 755 465 228 149 296 57 233 1783 535 125 961 360 Protected Phases 7 4 5 3- 8 1 5 2. 3 I Imes I.0 2.0 I.0 1.0 2.0 1.0 1.0 2.0 1.0 1.0 2.0 ! Lead- O timizet Yes Yes Yes Yes Yes _ Yes Yes Yes Yes Yes Yes Yes Act Effct Green (s 24.8 29.5 48.4 12.6 17.4 36.3 14.9 46.9 63.6 14.9 46.9 75.7 el v/c Ratio 0.53 0.32 0.41 0.58 12 0.55 0.90 0.57 O.S7 0.48 0.34 heye Dela _D 0 0.0 0 0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 LOS F D B D D �C,E D ,gg��aq �D- B E C A Approach LOS E D Intersection Summary D C Mar+6mum v, /rcRatio: 1,.06 �{ iCr'SeC Ott�l$I ai1LRgIl F •�mww'* Im�d{ ersecd I ,gip +,.,e r« „e.?e^i<•°�- .....:D tk��7�� .- -,�'l�'a'�,tidur'."µ"�;_. ICULevel onf Service Sours and Ph.-- 7- Pin. Rid- R-A R (-,M.r -1-'A 07 I` m2 M 23.5s 43.2s 24.9s m5 4 08 0 07 08 235s 43.25 28.85 -T, A24.5 PM Background Traffic Synchro 6 Report Vannase & Daylor, LLP - NG I:\Projects\B09 \8091 1 kTmfficlSynchrok8091 I_R4_PM_BKGD.sy7 Agenda Item No. 8a Timings Timing Plan: PM Bkj��Vber 26, 2006 2: Pine Ririoe Road & Collier Boulevard SEMBLER BROOKS VIL ge 156 Of OO -' -• � 4- 4- t4% t� ti 1 w " 'G0.1• 'GRT ...FRR`� .� fi/JRI .,;. WRT `':: WRR '} ''::MIR) �..:tIRT "NRR '-. Turn T t Prot m +ov Prot m +ov Prot m +ov Prot m +ov Permitted Phases n *ia a noaa & � omer eomevaro P m2 0.3 m4 4 43.2a 24.9& 28.4s 8 4 06 10.7 08 fl 2 3.2 s 1, "'a' 6 Minimum Initials 1. 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 11111 4.5 11111 1 4.5 101 Total lit s 28.8 28.4 23.5 24:9 24.5 23.5 23.5 43.2 24.9 23.5 43.2 28.8 Yellow Time 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 Lead/ Lead Lead Lead Lag Lead Lead Lead Lead Lag Lead Recall Mode None None None None None None None C -Max None None C -Max None Actuated A Ratio 0.21 0.25 0.40 0.10 0.14 0.30 0.12 0.39 0.53 0.12 0.39 0.63 Control Del! _.. �. - 97.9 42.0 10.3 93.0 S23 27.0 53.9 42.2 13.3 59.1 29.3 7.8 Total Delay 97.9 42.0 10.3 53.0 52.3 27.0 - 53.9 42.2 13.3 59.1 29.3 7.8 Ap ro ach Del a 66.2 49.6 37.2 26.6 Inr.erearetnri`S�fimenvrii9:'% a .�.•w.;a, +' S ',' . ; , 4 :. n... a, w r -x a .� ...i r ..n.,.. ,,.� �� .as�n.'.v. n,., «. i..+ ,. a, z.F <'�:kv.. rYO.snte� «.� o .s.. Natural C de 130 Maximum v/c Ratio: 06 ..... Ca city Utilization 78.7% ICU Level of Service D M.. ., ucs ano rnases: c. nne N* 01 n *ia a noaa & � omer eomevaro P m2 0.3 m4 23.5s 43.2a 24.9& 28.4s 05 4 06 10.7 08 fl 23.5 3.2 s 1, "'a' PM Background Traffic Synchro 6 Report Vanasse & Daylor, LLP - NG 1:1Projects180918091 11TrafficZynchro18091 I R4 PM BKGD.sy7 agenda Item N8B ,., 8 HCM Unsignalized Intersection Capacity Analysis Timing Plan: FM Totaj(rptg Mber 26. 1: Pine Ridge Road & RI/RO North Access SEMBLER BROOKS VILL42iRge 157 Of 00 mT. ;;m, WFtl' , WRT-, -NRL1 "L.'..NBFL, 0% 0% 0% MIR. 011illilillil --- - Peak Hour Factor 0.92 0.92 2 0.92 Right vrn flare veh vj &se I ognf Vol VC unblocked vol 1501 1723 469 Mm- -nown"m 0 ueue free % 100 100 38 # W Volume Left 0 D 0 0 D 0 cSH 1700 1700 1700 1700 1700 1700 1700 S41 IN Queue Len, .. 95th ft 0 0 0 0 0 0 0 104 Lane LOS C NSMMWFA 9MRMIMMUN- Approach LOS C IntersisdIon'Surnmarv.' Aver a Dela 2.6 Anal sis Perio min) is Option A Synchro 6 Report Vanasse & Daylor, LLP - NG BProjects18 M091 I kTraffidSynchr60ption A18091 I _K4—PM—TOTALA.sy7 Agenda Item No.1 BE HCM Unsignalized Intersection Capacity Analysis Timing Plan: PM Tom5t'IpWpber 26, 2 O6 i• RI /RO Fact Access R Collier Boulevard SEMBLER BROOKS VILLAG6ge 158 Of F00 Mnvwm >nr - "' Ek, EBR `NBC? 4T'" " 58 '''� SBR� Grade 0% 0% 0% r Pak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Pedestrians Walkin 5 eed ft/s) N RI t turn flare (veh _ Median sto Z e veh gatoon unblocked 0.88 0.08 0.88 vCu unblocked vol 1975 74 1259 t62 srq e s �0 ueue free % 100 94 100 Volume Left 0 0 0 0 0 0 0 0 c5H 855 1700 1700 1700 1700 1700 1700 1700 < ueue L 95th ft 0 0 0 0 R5 .:, 0 s M10 0 Lane LOS A `�01Ls Approach LOS A , � r � Inr «,xarr7nri'S',mmary < Ave a Dela 7�11pptvya�� p�11,,yy�yy�' 0.1 .iyi:4W.� dJLY&4:$rBYI';' Period mm IS Ana'I Option A Synchro 6 Report Vanasse & Daylor, LLP - NG 1AProjectsk8091B091 I1Trafficl5ynchrolOption A18091 I R4_PM_TOTALAsy7 Agenda iiem Nc SB HCM Unsignalized Intersection Capacity Analysis Timing Plan: PM Totaa5TOinber 26, C6 S• RO Access & Collier Boulevard SEMBLER BROOKS VILLAb�ge 1 _5 p Oi 00 � � 4\ t 1 d Option A Synchro b Report Vanasse & Daylor, LLP - NG I:1Projectsl80918091 IM- affi6SynchrolOptlon A18091 I R4 PM_TOTALAsy7 Agenda Item No 813 HCM Unsignalized Intersection Capacity Analysis Timing Plan: PM Tot5t;j itnber 26, 2 fib 4 1 1th Ave SW & Collier Boulevard SEMBLER BROOKS VILLQage 160 of 00 -' t 1 �' Grade fl% 0% 0% — Peak Hour Factor 0.92 0.92 0.92 0.92 0;92 0.92 Pedestrians.47GiI ua ,. a, Walking S eed fds 115 WWWWOM Ri ht turn tare veh Median sto veh •. .. •, .. . X latoon unblocked 0.92 0.92 0.92 VCI�, s e I conf vol Y f Cu, unblocked vol 2677 267 1325 MIMMUM ' pp�0 ueu�efree % 100 97 53 Volume Left 0 222 0 0 0 0 0 0 0 vndmw 11111111911 ig Imp; cSH 117700a0g 1700 17D0 17D0 17DD 170D 1700 E �}p, $t675 s�47777 p At:a .'' J'Sl{1 Rl ":{7� 4aU Yva du'd4'OA4u ... .::.. ,.,. .. k ueue Length 95th k 2 61 0 0 0 D 0 0 0 Option A Synchro 6 Report Vanasse & Daylor, LLP - NG 1AProjectsW918091 IUraffickSynchrolOption A18091 I_R4_PM TOTALA.sy7 i �aanua 1iem No.18B HCM Unsignalized Intersection Capacity Analysis Timing Plan: PM To49 ' nber 26. 2PO6 6: 1 Ith Ave SW & RI /LI Access SEMBLER BROOKS VILLRSO° 161 Of po +I--- Movement ;E4L EBT WBT: 'WBR ` IBC- ' SBR "'" Lane J Confi urations ^... , •_..�, ., ,. _ T. ..+ Grade 0% 0% 0% i Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Pedestrians Walkin S eed h/s Ri ht. turn Flare veh 21111,111, fill am Median sto a veh _ X. latoon unblocked �g Option A Synchro 6 Report Vanasse & Daylor, LLP - NG lAProjeasW91B09I I1TrafficSynchrolOption A \8091 I_R4_PM_TOTALA.sy7 Agenda Item No 8B Lanes, Volumes, Timings Timing Plan: PM ToaT4reamber 26; 2 06 a: Fine R'r{vo Ro2d & Collier Boulevard SEMBLER BROOKS VIL.i -Rdage 162 Of OO :5 __A —► -_* i' {— 'I_ 4,\ 1 /0 4 7 Total Lost Time s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 IN IN a- Satd. How erm 0 4990 3539 1583 3433 3539 1583 3433 SOBS 1583 1770 5085 Volume (vQh 54 857 482 210 {85 272 52 214 1559 492 I IS 956 LMe Grou vph 0 991 524 228 � 201 296 57 233 1695 535 125 1039 How Protected Phases 7 7 4 5 3 8 5, 2 3 I 6 Detector Phases 7 7 �,4 5 3, 8 8 5 2 3 1 6 Starvation Ca Red ,ctn 0 0 0 0 0 0 0 0 0 0 0 WIN OR Sco e_ Reductn 1, 0 0, 0 0 0 0 0 0 0 0 0 intersection {Si nal Dela :40.5 1 ap Intersection LOS: DOW ... Analysis Period (min) IS Option A Synchro 6 Report Vanasse & Daylor, LLP - NG [:\ProjecEs \80918091 I \Traffic\SynchrolOption A\809l I_R4_PM TOTALAsy7 Agenda item Nc. BE Lanes, Volumes, Timings Timing Plan: PM To4,tkktmber 26, 2006 2: Pine Ridpe Road & Collier Boulevard SEMBLER BROOKS VlU-A?.aae 163 of 2_00 p voluq� SVP 331 Turn W aLen h kf 575 0 Siorifie Ca ��..UC4 0 MIMAWWW"19 lntercetdon Summary' Option A Synchro 6 Report Vanasse & Daylor, LLP - NG 1AProiects180%8091 I\Traffic\Synchro\OptIon A\8091 I_R4_PM_TOTALA_sy7 Ff" v: 4 0 j Satd. Flow ot 1583 F L F 2 8 X voluq� SVP 331 Turn W aLen h kf 575 0 Siorifie Ca ��..UC4 0 MIMAWWW"19 lntercetdon Summary' Option A Synchro 6 Report Vanasse & Daylor, LLP - NG 1AProiects180%8091 I\Traffic\Synchro\OptIon A\8091 I_R4_PM_TOTALA_sy7 Agenda Item No]8B Lanes, Volumes, Timings Timing Plan: PM To,5it6itpber 26, 2PO6 2: Pine RwLuoad & Collier Boulevard SEMBLERRROOKSVILL4�age 164 of 00 Queue shown is nn�irnurn after two cycles. Maximum v/c Ratio: 0.99 Intersection Capacity Utilization 74.7% ICU Level of Service D Wi- and Ph-,- )• Prom Rid.. Road R Cnllior Rnolovorrl y01 1'm2 4 o3 -;-*M 235s = r Agenda item No BE Timings m5 4 06 Timing Plan: PM To,��;4tt6C'1ber 20. 06 2: Pine Ridee Road & Collier Boulevard s I 24.5s xa. SEMBLER BROOKS VILLA ! �O OT �� Lane Grouo'` £BL EET . EBR VVBL VVBT >1N8IW hlBi. NBT NBR' SBL ,i .SBT.,: • SBR Lane Configurations Turn Ty a Prot m +ov Prot Perm , Prot MIMIr - m +ov Prot Perm Permitted Phases 4 8 2 6 .�. ., a.. _... Minimui m Initials 45 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5 in i w ;( 11 wil Total Splic (s) 280 29.0 23.5 23.S 24.5 24.5 23.5 44.0 23.5 23.5 44.0 44.0 kry � Yellow Time (s) 4.5 4.5 4.5 4.5 4.5 4.5 4.S 4_5 4.5 4.5 4.5 4.5 LeadlLa g�arc _ Lead La Lead Lead , Lead Lead Lead ... Lalholllg jam Recall Mode None None None None None None None C -Max_ None None C -Max C -Max Actuated !C Ratio 0.2D 0.22 0.38 0.12 _ 0.15 0.15 da- 0.12 0.40 0.55 0.12 0.40 0.40 Control Delay 74.9 47.3 17.8 52.2 51.8 12.8 �.aY" 53.9 38.7 12.3 .._ 59.1 29.6 5.4 $ yy _ lit4ie > 4.I a ,�$+$ aRlail Toni Delay 17.8 52.2 51.8 12.8 ., r 2 53.9 38.7 12.3 59.1 29.6 S.4 . �._,,... �� -' Approach 59.1 47.9 34.4 26.3 -Delay Maximum v/c Ratio: 0.99 Intersection Capacity Utilization 74.7% ICU Level of Service D Wi- and Ph-,- )• Prom Rid.. Road R Cnllior Rnolovorrl y01 1'm2 4 o3 -;-*M 235s = r 44 s - 23.5 s : 29 s m5 4 06 ,7 +f= m8 23.5s 44s 028 s I 24.5s xa. Option A Synchro 6 Report Vanasse & Daylor, LLP - NG I:1Projecrs180918091 IlTrafficlSynchrolOption Ali8091 I_R4_PM TOTALA.sy7 Agenda Item N 8B Measures of Effectiveness Timing Plan: PM Tota5grp ber 26, 06 SEMBLER BROOKS VILLAdage 166 Of 00 Network Totals 3., . w. a` ., 7d� ",q,,, yp;.:,i i,: ;, ti FrA -may. 'e9I°�,° l 'wp. asp.. dw' „wr•w ,. "r". ,i 6ma „tl. •d .i -cr..'"is' 9u kr:;. '+�a3rdGii�oc .4 ;a�tlakds�a =.:� ,aw ro.,r. •_t�+x ��.i. >. Vehicles In dilemma zone # 0 Ram—maw "M t� 9. 177 -',genda item No 85 HCM Unsignalized Intersection Capacity Analysis Timing Plan: PM To,�tAkmber 26, 2 06 1, Pine Ridge Road & RI/RO North Access SEMBLER BROOKS vii-LA(Rage 1, 67 of 00 IN tAll --,,RT :,' rnR 7 WkL WRT 11 t 1 49 L. Naklp::,:--� W X1 vCu. unblocked vol 1501 1723 469 IRMOVEMMISSMEM, tC 2s a (s) IMERM ;I On I 491FAMONEW 1 0 ue free IDO 100 38 1MAZ A-W, P&MlljjjVolume Left 0 0 0 0 0 0 0 1700 541 ueue Len 95th4" 0 0 1 0 D 0 0 0 104 Lane LOS C Approach LOS C Avera a Dela 2.6 Analysis Period 4min) Is EYE Option B Synchro 6 Report Vanasse & Daylor. LLP - NG 1:1Projects1B0918091 I \Traffic\SynchrolOption M8091 I_R4-PM_TOTALB.sy7 Agenda Item No 85 HCM Unsignalized Intersection Capacity Analysis Timing Plan: PM Tot5 a ber 26, 66 3:A4 Access & Collier Boulevard SEMBLER BROOKS VILLArac e 168 of 00 D14CA(iO-w 1 --v ', 4\ t 1 GRI Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Pedestrians . Walkin 5 k/s . RI he torn flare (veh Median sco X latoon unblocked 0.89 0.89 0.00 0.89 vC [,stage I conf vol „R _ ti vCu unblocked vol 2428 119 0 1286 cC 2s e 0 ueue free % 100 78 0 59 . , Volume Lek 0 196 0 0 0 0 0 0 0 cSH 813 478 1700 1700 1700 1700 1700 1700 1700 WOMMIMMMUMNAHM I iWIMM9.1111111111MUMMM Queue Len h 95th k 21 49 0 0 0 0 0 0 0 Lane LOS B C �y� xWM52= =" °. y., :. .agars a� �➢''' i, Approach LOS B Intersection Summary i r Analysis Period (minn)s� 15_ Option B Synchro 6 Report Vanasse & Daylor, LLP - NG 1:1Projeccs%80%8091 I\Traffic\Synchro \Option B\8091 I_R4_PM TOTALB.sy7 Agetn�da, iterr Iva. SD HCM Unsignalized Intersection Capacity Analysis Timing Plan: PM To,5� ttj r,pber 2S+ 2 O6 4: 11 th Ave SW & Collier Boulevard SEMBLER BROOKS VILLAaage 1659 Of F00 t� h t 1 41 Option B Synchro 6 Report Vanasse & Daylor, LLP - NG (:\Projects \B0%8091 I\ TraffckSynchrOOption B18091 I_R4_PM_TOTALB.sy7 Agenda Item No. 88 Lanes, Volumes, Timings Timing Plan: PM Tota� ember 26, 2006 2: Pine Ridge Road & Collier Boulevard SEMBLER BROOKS VIL�Eage 170 Of 200 :t l , � < "`- k' `1 1 I` '* j Total Lost Times 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Traili DrS•R,� 0 0 0 „0 0 0 0 0 0 0 0 0 Satd.Flaw rot 0 4990 „ 3539 1583 3433 3539 1583 3433 5085 1583 1770 5085 1111 - Satd.Flow erm 0 4990 3539 1563 3433 3539 1583 3433 5085 1583 1770 SOBS Volume v h 54 857 482 210 185 272 S2 214 1559 492. I15 956 Lane Grou Flow v h 0 991 524 228 201 296 57 233 1695 535 125 1039 Protected Phases 7 7 4 S 3 8 5 2 3 1 6 ■o HIM= 1 Detector Phases 7 7 4 5 3 8 8 5 2 3 1 6 Minimum S Itt (sI 23.5 23.5 24.5 23.S 23.5 24.5 24.5 23.5 24.5 ., 23.5 23.5 24.5 Tonl,S lit 23.3% 23,3X 24.2X 19.6% 19.6% ,20.4% 20.4% 19.6 36.7% 19.6% 19.6% 36.7% All- RedTima s) I,0 LD 2.0 L0, 1.0 2.0 2.0 IA 2.0 L0 1.0 2.0 Lead- Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Biel , Act. ENa�gqG�re�en s 24.0 45.7 14.8 17.6 17.6 14.9 47.5 66.3 14.9 47.5 � �2,a68 v(c Rado 0.99 0.66 0.3s 0.47 0.57 0.20 0.55 0.84 0.55 0.57 O.s2 ueoe Dela 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0,0 0.0 0.0 0.0 LOS E D B D D B D D B. E C A roach LOS E D C C ueue Len h 95th ft .. . #370 261 137 110 I 156 i 38 =1111111111111111111111111 125 III #598, 259 ISO 294 i Turn Ba Len W (k) t 630 680 480 480 525 430 225 n C�a Reducm Starvation 0 0 0 0 0 0 0 0 0 0 D .. I s.2" ... �.. Sto e G Reduttn 0 0 0 0 0 0 0 0 0 0 0 r w"iw mu Eva C cle Len : 12D , ONet: 0 0% , Re6xenced to hase 2:N�BT andY6:SBT ,...o Start of Green Master Intersection _ x . , Convol T e: Actuated- Coordinated Intersettion Si nal Dela . 40S Intenettion LOS: D Analysis Period (min) 15 _ Option B Synchro 6 Report Vanasse & Daylor, LLP - NG I:\Projects\809 \8091 I \TnNiclSynchro \Opdon B\BD91 I R4 PM TOTALS.sy7 Agenda l em No. 8B Lanes, Volumes, Timings Timing Plan: PM To,',i4, �[ — I- Lanes, 26, 2006 2: Pine Ridge Road & Collier Boulevard SEMBLER BROOKS VILLA ge 171 of 200 r OWN aata. Flow MUMM 1 583 Satd. flow (RTOR) 342 Option B Synchro 6 Report Vanasse & Daylor, LLP - NG I:1Projeccs18 0 91809 1 I1Traffic1SSynchrolOption M8091 I_R4_PM_TOTALB.sy7 Agenda Item No. 813 Lanes, Volumes, Timings Timing Plan: FM To,�f 26 2006 2: Pine R' Hier Boulevard SEMBLER BROOKS VILTLA10e 'Of ?00 Queue shown is maximum after two cycles. CJi- -A Pk..-- I- Pi-- PiA- D-A k r-11! � Q Option 8 Synchro 6 Report Vanasse & Daylor. LLP - NG lAProjectsk809\8091 I \Traffi6Synchro\Option B\8091 I —R4—PM--TOTALB.sy7 e2 0.3 1-0► v4 23.5s I1,C144 s 23.5s [*A 29s .5 06 o7 08 23.5s 4'6144 s ['911111128 Option 8 Synchro 6 Report Vanasse & Daylor. LLP - NG lAProjectsk809\8091 I \Traffi6Synchro\Option B\8091 I —R4—PM--TOTALB.sy7 Agenda item No 8B Timings Timing Plan: PM Totkcltp,` 'r rber 26.2 06 2: Pine Ridee Road & Collier Bouleyard SEMBLER BROOKS VILLAof age 173 Of 00 ti t Lane Group :- "`.EBL ='iEBT '-'EBR - WBti -'.'. WBT -WBR' 'J49t NBT ' a.NBR' SBL" " SBT "`:'.'•SBR Lane Configurations - 1j, _ _ 3515 ♦�♦ �! ,rj, 29 s ..'t$, 7, a 4 06 �.. . 23.5s Turn TQe Prot m +ov Prot PermProt 28s 4.5s m +ov Prot Perm �,�.77 V. Permitted Phases 4 8 2 6 Minimum Initials 45 4.5 4.5 4.5 4.$ 4.5 4.5 43 4.5 4.5 4.5 4.5 l�liitgtfi - a .. Toni S lit s 28.0~ 29.Q 23.5 23.5 24.5 24.5 23.5 44.0 23.5 23.5_ 44.0 44.0 4.5 4.5 �.St 4.5 4S 4.5 Yellow Time f�f:. 4.5 4.5 4.5 4.5 4.5 v.', y N / Lead /L r�N y Lead �, Lead Lead Lead Lead Lead , Recall Mode M None None None None None None None C -Max None None C -Max C -Max .. Actuated C W no 0.22 O. i 2 0 I S 0.15 0.12 0.40 0.55 0.12. 0.40 0.40 ,,,,�0axr.20 �'q�0��y.�.3,+�6. F •. = yCiyp..w. Control aDefa xx 8q774�4.99�+¢¢ 477q.3{{ 17.8 52.2 51.8 12.8 QnCq`"�'V4&IYM.B - ..$':.Y.l:`�e�lp'{Y.'we:' •;jM`b .. 53.9 38.7 ., 12_3 i@{�E59.1 29.6 'f F1K'YA�7ai 5.4 1 TI onl D� elay 74.9 47.3 17.8 52.2 51.8 12.13 53.9 38.7 12.3 59.1 29.6 5.4 ftr,oach Del, a ,59.+1 47.99 34.4 26.3 Actuated C cle Len t�h: 120 - _ •• _., - Natural, Cycle: 120 �pp��,, Cy4 ��eLl-Lf! Ra♦�7�. -� .a.- . .� _� �&� . �1. +saihJ ., - Maximum v/c Ratio: 0.99 ,I,n�tce^.�nettion C�yap�acrity Utilization 74.7Y, _ ICU Le.•el of Service D ............. ,, 01 i' 02 0.3 ---1" o4 23.5s 44 s 23.5s 29 s m5 4 06 m7 * 08 23.5s 44s 28s 4.5s Option B Synchro 6 Report Vanasse & Daylor, LLP - NG 1:1Projects180918091 I\Traffc'Synchro\Option 818091 I_R4_PM_TOTALB.sy7 Agenda Item No Measures of Effectiveness Timing Plan: PM TotaT41r'drnbef 26. 2' SEMBLER BROOKS VILLAdE a 174 pi Network Totals f-1 < Tonl Del a 1 Veh slv _ 8S / /./ «| R $ � | t�! < § ! ; ■; •!i � !! || § � I$| !! | : � !• || }� ■ �� _: �� !! � § | |�! ��| � ! / /� \\ 6 � �� § �/ \ \, |�l��■ \i /22Qf /WIN _,.., @!. d gendaItem No e mm ber 26 2 Page 175 of lE 08 aO ° 1\�■wat d §|%� . \„ t § ■, Bh�, K � ■ § ■��' �§!Q1 - § }f =��■,�E / /./ «| R $ � | t�! < § ! ; ■; •!i � !! || § � I$| !! | : � !• || }� ■ �� _: �� !! � § | |�! ��| � ! / /� \\ 6 � �� § �/ \ \, |�l��■ \i /22Qf /WIN _,.., @!. d gendaItem No e mm ber 26 2 Page 175 of lE 08 aO Agenda Item Nol 8B September 26, 2 O6 Topic # 625 -000 -015 May - 2005 P a a e 176 of Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways FIGURE 3 — 13 TYPICAL STORAGE LANE Median Left Turn Storage Lane (Similar Arrangement Z:For.Rlght Turns) Openin P 9 Ta r Len th Braking Distance ueue Length 10' to 12' Storage Lane anff I Through Lane 1 Through Lane W* Taper Or Reverse Curve St"C--t-I Cs., o r1�. 0 1 o nli. _ 1lncin n�iivurl [n4orcwr_4inmx Turning Vehicles Per Hour 30 60 I ne storage lane may oe in place OT or in aaalrion io aeceierauon iengrn twee section t .a.c.o�. Geometric Design 3 -92 -- 1 00 200 300 Required Storage Length (FEET) 25 50 100 1 175 250 At signalized intersections, the required queue length depends on the signal cycle length, the signal phasing arrangement, and rate of arrivals and departures of turning vehicles. In absence of a turning movement study, it is recommended that 100 ft. of queue length be provided in urban /suburban areas and 50 ft. of queue length be provided in rural /town areas as a minimum. Taper Length And Braking Distance (FEET) Highway Design Speed (MPH) Storage Entry Speed* (MPH) Taper Length Brake To Stop Urban "" Rural- 35 25 70 75 — 40 30 80 75 — 45 35 85 100 — 50 40/44 105 135 215 55 48 125 — 260 60 52 145 — 310 65 55 170 — 350 Reaction Precedes Entry Minimum Braking Distance, Wet Conditions •'" Customary Braking Distance, Wet Conditions I ne storage lane may oe in place OT or in aaalrion io aeceierauon iengrn twee section t .a.c.o�. Geometric Design 3 -92 m r m D 0 z N '0 A 0 G D m 0 m 1 0 m m A N zrs 9� ,genca Item No. B S-,ptember 26, 20 ,6 ?z'f 2 0 BOjifiL /4- Dnx I,' Cnegory Ra a ona Dma Page i Enmro�en� Vy� Job P �a, s Brooks Village CPIJD Cone,ilrante, 1nc. l� =2 C' Topo Map avYg� I�wt I SiTlP �a�My _- ��wo.r.�.,n..., s.a �•r�.,aF��.in� %'�� 19 /49Sl2EE Collier 0 Sept nber 26, 2006 178 of 00 it W E BOLA FINE SAND S 1 j RIVIERA FINE SAND, LIMESTONE SUBSTRATUM I FINE SAND, LIMESTONE SUBSTRATUM RIV�fiRA, LIMESTONE SUB TUM BOCA FINE SAND \1 BOCA FINE SAND f RNIERA, I ONE SUBSTRATUM - COPELAND FINE SAND it J sari 13000 MetroPazkwn. Suite 4 BROOKS VILLAGE CPUD JO µ JIro=en Fort Mym, FL 33912 SCS SOILS ^A° e:(239M1S -0671 IISuit2Ri3, wC- OFflxc239A16 -0672 e,aR COPELAND FINE 620 r-_ Fel +••••• er,en wsnm GsW x +07 ' T. I` Y a` X -4 Jj �i s3Q" f q �' !J '>A. c>- mow. Ac ,..may - +fi.+,x �, -- �:' r e.e>wn.:4W�,,;:•^,` 5�� . ..�YV:, rnaa A Y E ia,3 r : 1.14 r: "e" i pm.mp�a,,'A.X p1Ft �. �� s: `+�'y�F�'A n� tl �. 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ON v ti4 Cp�� ❑ U �a � 0 CL 0 Iq '0' 0 ti . �o N U v U U V V MU x "3 e� M ELEVATIONS PROVIDED BY OTHERS O y o wh q paI401d w yi _ 1\ 3\SOJ�V [Z 196 \ — \ \-X =IX w w w w A A B LU z t4 ❑ W z u. a m 7F ❑ m (fi W z O 1 N W D cn U W z U- w ro a W z 0 W J L W z LL L � Z r^ fl 0 N U) p ui f £ z LL n z W O 3f W z O W J U) W z LL 4 U O M z a m W ❑ Z z U W O z m u- m a a F 11 H a h wo s �a N 0 o LO JCL N �w�//i� Y/ W U n G. X r, W Cl) o N w N a :: vm J LLI > U Q LL LL LL WLL V w u u as p 0o n N o O CY Fi DAIS N311100 VMV M 790 ry �a O � N W C7 K W S a S w s L I Q n- Z U o c� z ct5 � LU � O CD Y j o rr o � m` w nIr n iL 7 � N S N � t/yV 3 II � O ci u�6w CT U 0 A O y Yy O \� v Agenda Item No. 8S September 26, 2006 Page 196 of 200 Brooks Villag 51 & Pine Ridge Road, 22.73 ac S 15 1 T 49S / R 26E Protected Species Survey Boylan `1/ L'.1Tlvll onm ` .. d 1---- Cansuliants, l�hc, Welland & Wildljfe Surveys'' ' onmental Permuting, Impaet ssessments 11000 Metro Parkway, Suite 4 Fort Myers, Florida, 33912 Phone: (239) 418 -0671 Fax: (239) 418 -0672 June 28, 2005 Reviscd August 23, 2005 (to reflect survey acreage) Agenda Item No. SE September 25, 2006 Page 1 9'7 of 200 Tabie. Potential Protected Species according to FLUCCS categories. FLUCCS Potential Listed Species % Coverage Present Absent _ Density WisibiIi (ft) 411 Beautiful PaxTaw 90 X 50 -100 Big Cypress Fox Squirrel 90 X 50 -100 Eastern Indigo Snake 90 { X 50 -100 Fakahatchee Burmannia 90 X 50 -100 Florida Black Bear 90 X 50 -100 Florida Coontie 90 j X 50 -100 Florida Panther 90 X 50 -100 Gopher Frog 90 X 1 50 -100 Gopher Tortoise 90 X 50 -100 Red - Cockaded Woodpecker 90 X 50 -100 Satinleaf 90 X 50 -100 Southeastern Arerican Kestrel 90 X 50 -100 Twisted Air Plant 90 X 50 -100 621 American Alligator 90 X 50 -100 Everglades Mvik 90 X 50 -i00 Florida Black Bear 90 X 50 -100 Florida Panther 90 X 50 -100 Gopher Fror, 90 X 50 -100 Limp kin 90 X _ 50 -100 Little Blue Heron 90 X 50 -100 Snowy Egret 90 ( X 50 -100 Tricolored Heron 90 X 1 50 -100 Wood Stork 90 X 50 -100 624D American Alligator 90 X 50 -100 Everglades Mink 90 X 50 -100 Florida Black Bear 90 X 50 -100 Florida Panther 90 X 50 -100 Gopher Frog 90 X 50 -100 Little Blue Heron 90 X 50 -100 Snowy Egret 90 X 50 -100 Lim kin 90 X 50 -100 Tricolored Heron 90 X 50 -100 Wood Stork_ 90 X 50-100 740 Gopher Tortoise 90 X 100 11 0 a e 0 I Agenda Item No. 8E September 26, 2006 Page 198 of 200 SOUTH .FLORIDA. STATER MANAGEmENT DISTRICT LownR WRST COAST REGioNAL SERVICE C UE MR 2301 Ns GPy;t Boulevard, Fort Myers, R 33901 (239) 336 -2929 • FL 11'ATS 1.800 - 248 -7 201 + Suncom 716 -2929 + 'Fu'z 239) 338 -29a6 v, w�� .stwrnd.�uv /org /exo /fYutyors/ June 12, 2003 Mr. Jirn Keltnor Boylan Environmental Consultants, Inc. 11000 Metro Parkway, Suite 4 Ft. Myers, Florida 33912 Subject: Brooks 951; Informal Jurisdictional Wetland Inspection; Collier County; S -15 / T -49 -S / R -26 -E Dear Mr. Keltner: The District offers the following in response to your request for a determination of the jurisdictional wetland boundaries and other surface waters located within the subject property. Craig Schmittler, PWS, Senior Environmental Analyst, of the Natural Resource Management Division, conducted a site inspection on May 1$, 2003. The project boundaries shown on the attached aerial identify the approximate limits of the property inspected. Based on the information provided and the results of the site inspection, the surveyed limits of the jurisdictional wetlands or other. surface waters, as defined in Chapter 62-340 F.A.C., within the limits of the subject property, are shown hatched in red on the attached aerial exhibits. This correspondence is an informal pre - application jurisdictional determination pursuant to Section 373.421(6) and F.A.C. 62- 312.040(7). It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre - application jurisdictional determination are not entitled to rely upon it for purposes of compliance with provision of law or District rules, A binding jurisdictional determination may be obtained by submitting an application to the South Florida Water Management District Ft, Myers office for a formal determination pursuant to Chapter 40B -4.042 F.A.C. or by applying for a. permit. Go rr „ar:v<, A),1w Nicul,is J. Guti�rsez, Ir., Esq., Ujair 14ichael Collins Kevin v1rCarYv I',ll3101,1 tiruois- .thuinas. t7rr�c.'h,,ia 11ug11 fit. English Markle• R. Tiiurntc,n Irela M. 6agur L.ennaa 1:. 1_indahl, P.E. T1.11+1i K. Williams, Y,l_. >r�l,tvr I t /L'.tDc�t.tirr�f ti ��n r..,,, r..;. 0.._ Fxt.C117,1 E OFFIc_E Hunry l yarn, L.rr: m7 •r L�i,rr r n m c� CND O n1� Z � � co c C N Q� Q i I i l r ,f E J Agenda Item loo. 8B September 26, 2006 Page 200 of 200 a— ZoneMelissa From: Marco Bay Rentals [marcobay @marcocable.com] Sent: Friday, May 19, 2006 1:36 PM To: ZoneMelissa Subject: Pine Ridge Road and Collier Blvd Zoning Change Dear Melissa, Please accept this letter as a "vote" in favor for the zoning change to allow commercial use. I believe the area desperately needs and will benefit from at grocery store and drug store at this location. As I am sure you are aware the Golden Gate Estates covers a very large area and having the plaza at this proximity will benefit all who will have less area to travel to grocery shop, pick up prescriptions and utilize what ever other sort of shops are in the plaza. Furthermore, there is already an established gas station /store (with post office services) across the street so having the plaza across the street just seems logical. Ann Macgregor, Weber Blvd. S., Naples FL 34117 Agenda Item No. OA September 26, 2006 EXECUTIVE SUMMARY Wage 1 of 14 APPOINTMENT OF MEMBER(S) TO THE CONTRACTORS' LICENSING BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on June 30, 2007, to the Contractors' Licensing Board. CONSIDERATIONS: The Contractors Licensing Board has 1 vacancy with the term expiring on June 30, 2007, in the category of Consumer. This 9 member board determines the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine if the holder of a certificate of competency of any contractor, master or journeyman should be disciplined. A minimum 3 members shall be in the category of "Consumer ". The consumer representatives may be any resident of the local jurisdiction that is not, and has never been, a member or practitioner of a profession regulated by the board or a member of any closely related profession. Members are required to file a Form 1 Statement of Financial Interests each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. Mr. David L. Beswick (Consumer) resigned on March 10, 2006. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Richard C. Gill Consumer 1 Yes None Jerry Breshin Consumer 1 Yes None Derek Chorlton Consumer 2 Yes None David V. Allen Consumer 3 Yes None COMMITTEE RECOMMENDATION: Quasi - Judicial — no recommendation FISCAL IMPACT:. NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 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: SEPTEMBER 26, 2006 — q,Aerr:)er L 6 2006 t'ao(- �', of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 94 Item Summary: Appointment of member to the Contractors' Licersing Boerc, . Meeting Date: 9i26i2006 9:OD.00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 9113/2006 2:56:44 PM Commissioners Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's C'- a 9/1312006 3:41 PM aen 1L 'j Se t4v m1_—)e7 26, 20,06 MEMORANDUM Paae3of14 DATE: July 19, 2006 TO: Bill Hammond, Building Review and ermitting Director FROM: Sue Filson, Executive Manager Board of County Commissione RE: Contractors' Licensing 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: Richard C. Gill 290 Pinehurst Circle Naples, FL 34113 Jerry Breshin 4695 Hawk's nest Way, Apt. 204 Naples, FL 34114 Derek Chorlton 561 Ridge Drive Naples, FL 34108 David V. Allen 405 Leawood Circle Naples, FL 34104 Please let me know, in writing within the 41 day time -frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments filson_s From: advisoryboards @colliergov.net Sent: Thursday, July 13, 2006 2:41 PM To: filson s Subject: New On -line Advisory Board Application Submitted. co County Board of County Commissioners -�—�- 3301 East Tamlaml Trail Naples, FL 34112 Tel: (239) 7743602 Fax: (239) 774-3602 July 13, 2006 Application for Advisory Committees l Boards Name: RICHARD C GILL Home Phone: 239 -775 -9623 Home Address: 290 PINEHURST CIR Page 1 of 2 Agenda Stem No. 0A September 26; 2606 Paoe 4 of 14 ; - - -4 i Ij City: NAPLES Zip Code: 34113 Fax Number: 239- 775 -9623 Business Phone: 239 - 289 -4153 Email Address: rgiII1943@aol.com Place of Employment: retired How long have you lived in Collier County? 4 -5 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: CONTRACTORS LICENSING BOARD Category: (if applicable) CONSUMER Do you currently hold public office? No Do you now serve, or have you served on a Na Collier County board or committee? 7/19/2006 • • U 7/19/2006 Please list your community activities: No information provided. Education: HARVARD BUSINESS SCHOOL TUP Experience / Background: FORMER BUSINESS MANAGER IBEW LOCAL 23213YEARS FORMER V.P. MASSACHUSETTS STATE LABOR COUNCIL AFL -CIO 8 YRS. DEPUTY SHERIFF ESSEX COUNTY MA. 12YEARS Page 2 of 2 Agenda Item No. 9A September 26, 2006 Page 5 of 14 07 %11'2008 10:42 FAX. • Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 7746097 Fax: (239) 7743102 Application for Advisory Committees/Bog r Name: 2 P ( 1-Y &_11- S t 1 yl Home Address: `f ht aR.�..' k *,5 Fax No, (( Busi"S Phone. '7 75%r��3 Y Business: r- Board or Committee Applied 2001 Agenda it nn No. 9A September 26. 2006 Page 6 of 14 RECEIVED 'l�rd 20W %� rnissioners irds c, / Home Phone: 7 d 3 `r. / p Code: Nor k 3 Y//V, _ e-mail address: Category (ifapplicablc): (..0— il<><„nple: (: omr iodon Diark4 DeV4Gw'4"Vw8wea4li1d. lay porsos, eft. Are you a registered voter in Collier County: Yet y NO•� Do you currently bold public pence? Yeses,_,_, No c!' It {o, who is that am"? Do you now serve, or have you ever saved, on a Collier Coomy board or eommifte? Yo No If yes, please lint the committeealloardx Please fist your COMM n' tivita=ubs,.rjbborh9od aasociatlons, eta and positions held: Education: P h Uu S tt r 55 I'� . /larva AIV 5� . - rc.<:V : 5, Experience: —0 S F'daree enad� Nq afdlAweallrtfbryaaloa yowJ..rperriiaer. 77►b Ap/t'inYon iMsrfd sr/wwandel a Sae F7Go+r, ,turrelvt AlaoFr. to Aw fieoel oJCowwy Coxvassirner+. M Cexl Tavueal 70*X A*k4 FL AUDI 11y#w w*k P*MrJAwYftT A*Waa " w (ZL�JT7I,JN1 a► ewiwtt N TL►oMk yoRJor �b urNe aFr crAiuw ojCeAln CoMwiy ti Board of County Commissioners 3301 East Tamiami Trail Naplee, FL 34112 (239) 174 -8097 Fax: (239) 774 -3602 agenda. "iem '�c,. 9.4 September ?a. 2006 -lase 7 of 14 Application for Advisory Committees /.hoards Name: a e K C' "'0 R t---T O N Home Phone: `1 i'1 �' q Home Address: S b ti - D, 1 -t� GE ) r&-\V p— fowwszip Code: 3 + , O il Fax No. S9 $ Business Phone: i1"1 ei $?! C1_ a -trail address: !�CRIEK I? r K "ate oA Plate of Employment: 1014'a 1s onN . 1. lb 4 tl4.l G s N A•PLX -S Board or Committee Applied for: C ON-s• AA "r Wto Lt CALL S 14 4 Category (ifapplicablel: CQ 4 &OM8.t1, Example: Commission District. Developer, cuvironmentalbt, ley person, ett. How long have you lived in Collier County: Years�� Months Are you a registered voter in Collier County: Yes_N_No Do you currently bold public office? Yes No If $o, what is that office? Have you ever been convicted of any offense against the Law" Yes No If yes, explain: De you now serve, or have you ever saved, on a Collier County board or committee Vcs V/ No if yes, please list the turn mimes/boards: t,1•r`l e rvAPI -[S CO2S�Er 14lF02C-GME'1T AA a__ Please lint you r community activities (civic clubs, neighborhood associations, etc. and pasitions held: Ve A t.l +t`(b Ia- 8lL' - JAftv, %-rAd l CLT Mna ca.aC` 4&u t&- "Arv% 0 "A SC *aLLT41012- Education: 416 H S C'A66 '-- ,j�.� �OIrRL. '�t4t FOQC -e C6�e- e- "N -k 'oL Experience: 3i y CARS Cl—, '► a G nl A tfi-e S ccf iRi E �tF c4 -C6'% -f s u.. I. �' • Fr •a 1'lmse Retch anv additional igrorl Wion yom feel perdamm This apMcadon sholth/ he fonuarded to Sme Fibril, Fxecu&y tlorra'a •r to the Boone of Counry CommUsionem, 3301 F.nst Tamiand Trap N*es. FL 34112. tfyoa wish, Plearejox your applietainn to r2M )7i63b02 or !-Marl W 77ttna Yver for vol:xtetrbta to ,Krvr the ridzrnr Of Collier Counrp. filson s From: advisoryboards @colliergov.net Sent: Monday, June 26, 2006 10:57 AM To: filson s Subject: New On -line Advisory Board Application Submitted. c,,„v Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774-3602 June 26, 2006 Application for Advisory Committees / Boards Name: David V. Allen Home Phone: 239 - 261 -5838' Home Address: 405 Leawood Circle Page I of 2 Agenda Item No. 9A September 26, 2006 Page 8 of 14 City: Naples Zip Code: 34104 40 Fax Number: 239 -263 -1906 Business Phone: 239- 261 -1900 Email Address: dallen @cmaples.com Place of Employment: David V. Allen Consulting How long have you lived in Collier County? 1 -2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: Contractors Licensing Board Category: (if applicable) No information provided. Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 6/26/2006 L� 0 6/26/2006 Please list your community activities: Girls Scouts Board of Directors- Collier County Rotary Club Naples North Naples Gators Youth Football- Coach Economic Development Council- Education: BA- Political Science MA- Administration and HR Development Experience / Background: 7 Years Finance and Banking Page 2 of 2 Agenda Item No. 9A September 26, 2906 Page 9 of 14 DATE: TO: FROM: SUBJECT: MEMORANDUM August 28, 2006 Sue Filson Bill Hammond, Building Contractor's Licensing Board Agenda itemm No. � .�, September 26. 2u Page 10 of 14 Regarding your memo dated July 19, 2006 concerning the applications of Mr. Richard C. Gill, Mr. Jerry Breshin, Mr. Derek Choriton, and Mr. David Allen, for a position on the Contractor Licensing Board. A review of the applications indicates the applicants would qualify to sit on the Board as a consumer. ,4gen a item PVC. A September 26, 2006 ?age 11 of 14 Contractors Licensing Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Lee Horn 287 -5044 10/26/04 06130/07 3 Years 2225 Malibu Lake Circle, #621 287 -504 Naples, FL 34119 E -Mail: sportslem@aol.com District. 3 Category: Consumer Mr. Eric D. Guite' 4o3 -9365 03/14/06 1520 Nautilus Road 4034M5 Naples, FL 34102 E -Mail: District. 4 Category: City of Naples - Specialty Contractor Mr. David L. Beswick ie,) 1(0 594-1299 594-8044 09/10/03 5541 Cove Circle 594-1299 06/08/04 Naples, FL 34119 E Mail: d%ft- widc@comcast.net District: 3 Category. Consumer Mr. Mchael Boyd 5340 Tamarind Ridge Drive Naples, FL 34119 E -Mail: mboyd@signsandthings.com District. 3 Category: Specialty Contractor - Signs Mr. Sydney E. Blum 12930 Positano Circle #305 Naples, FL 34105 E-Mail: eescool @earthlink.net District. 4 Category: Specialty Trade 843- 4404 09/21/04 353 -1823 594.7860 07/29/03 261- 1855 06/20/06 Wednesdip, June 21, 2006 Page I of 3 06/30/04 06/30/07 06/30/07 06/30/06 06/30/09 3 Years -1 Year 3 Years 3 Years 3 Years 3 Years Aoenda lien fro. 9A September 26; 2006 Page 12 of 14 Contractors Licensing Board Work Phone Appt'd Exp. Date Term Name Home Phone Date,Re-appt 2ndF.xpDate 2nd Term Mr. Richard E. Joslin, Jr. 455.5000 06/11/96 06/30/97 1 Year 595 13th Street, N.W. 0620/06 0630/09 3 Years Naples, FL 34120 E -Mail: PappaPool2@earthimk net District: 5 Category: Licensed Commercial Pool/Spa Contr Mr. William T. Lewis P.O. Box 1228 Naples, FL 34106 E -Mail. District: 1 Category: General Contractor 430.1798 09/10/03 0600/06 430-1769 620/06 6130/09 Ms. Ann Lu &lad Keller 37x7237 09/10/02 2107 21st Court South 370-7237 0614/05 Naples, FL 34102 E -Mail. akener@o*udaneaprtners.com District: 4 Category: Consumer- City of Naples Representative Mr. Les Dickson 202 Monterey Drive Naples, FL 34119 E -Mail. District: 3 Category. Roofing Contractor 5141100 06/11/96 06/14/05 Wednesday, June 21, 2006 Page 2 of 3 06/30/05 08/20/08 06/30/99 0630/08 3 Years 3 Years 3 Years 3 Years 3 Years 3 Years Contractors Lioensing Board Name Work Phone Appt'd Exp. Date Home Phone DateRe -appt 2ndExpDate September 26. 2006 Paae 13 of 14 Term 2nd Term This 9 member board was created by Ord. No. 78-2, 85-42, 90 -105, 92-61 to determine the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine if a oeriificate of competency of any contractor, master or journeyman should be revoked. A minimum of 2 members shall reside within the corporate city limits of Naples or shall be recommended to the BCC by the Naples City Council. Fl Stal, Sec 489. 131, sub 10 states that 3 members must be consurner representatives. Membership should be licensed architect, licensed general contractor, licensed engineer, licensed electrical contractlor, licensed plumbing contractor, licensed rooting contractor, licensed residential or building contractor and a licensed rive from one of the other specialty trades or professions requiring a Certft to of Competency as provided in the Ordinance. These categories are merely directory and failure to have a member of each of the trades is not grounds for voiding any action of the Board. Terms are 3 years. This is a Quasi Judicial Board. Amended by Ordinance No. 94-34, 95-11, 97-8, 99.45, 2002 -21 FL STAT 489 &aff.• Bill Hammond, Building Review & Permiltft Director.: 403 -2442 Wednesday, June 21, 2006 Page 3 of 3 Benda 1terr No 9A Ser)ternber 26. 2006 Page 14 oi 14 MEMORANDUM DATE: July 19, 2006 TO: Elections Office FROM: Sue Filson, Executive Manage Board of County Commission RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the 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. CONTRACTORS' LICENSING BOARD Richard C. Gill 290 Pinehurst Circle Naples, FL 34113 Jerry Breshin 4695 Hawk's nest Way, Apt. 204 Naples, FL 34114 Derek Chorlton 561 Ridge Drive Naples, FL 34108 David V. Allen 405 Leawood Circle Naples, FL 34104 Thank you for your help. COMMISSION DISTRICT Agenda !tern No. 98 September 26, 2006 EXECUTIVE SUMMARY Page J of 19 APPOINTMENT OF MEMBER(S) TO THE BOARD OF BUILDING ADJUSTMENTS AND APPEALS OBJECTIVE: To appoint 1 member to fulfill the remainder of a 4 year term, expiring on August 9, 2009, to the Board of Building Adjustments and Appeals. CONSIDERATIONS: The Board of Building Adjustments and Appeals has one vacancy with the term expiring on August 9, 2009. This five member board was established by Ord. 83 -16 (amended by Ord. No. 91 -57); Repealed and amended by LDC, Div. 1.22.1 (Ord. 91 -102, as amended) to hear appeals on rejections or refusals by the Building Code Compliance Director to approve mode of construction or materials to be used in construction or alteration of a structure. Membership consists of five members representing the following professions: One state licensed architect or structural engineer; one Class "A" general contractor, one state certified fire protective equipment contractor or State Certified Fire Fighter with the rank of Lieutenant or higher or State Certified Fire Safety Inspector with the rank of Lieutenant or higher; one licensed electrical contractor; and one licensed plumbing or mechanical contractor. Members must be knowledgeable in the following Building Codes: Florida Building Code Building, Florida Building Code Residential, Florida Building Code Existing Buildings, National Electrical Code, Florida Fire Prevention Code, Florida Fuel Gas Code, Florida Mechanical Code and Florida Plumbing Code. The membership term is four years. The meetings are held quarterly, or on an as- needed basis. This is a Quasi Judicial Board. A list of the current membership is included in the backup. We currently have 1 vacancy. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Charles L. Martin, Jr. I Does not meet criteria 13 1 Yes I None COMMITTEE RECOMMENDATION: Quasi - Judicial — Staff has indicated that the applicant does not meet the criteria of "Licensed Plumbing Contractor ". FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, give direction to staff and if member is appointed, direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 26, 2006 Agenda (tern No, 9B Septternbef 261 2006 Page 2 tzf 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9E9 Item Summary: Appoirtmert of member to the Board of Building Ad ustrnenKs and Appeas. Meeting Date: 9,26120,16 9.00.00 AM Prepared By SUC f IISOn EXec.tiYe M.,1a9er to the f3cc Lute Board of Cnuntq BcC Office 9M0l2095 2:56:44 PM Commissronr. rs Approved By Jartree V, Mudd C—hy M n3ger Date. Board of County County Manager's U ice 9115UG06 90:'15 AM Cammissianers Agenda Itern No, 9B September 26; 2006 Page 3 of 10 Memo To: Sue Filson From: Bill Hammond, Director Building Review and Permitting Department Date: September 15, 2006 Re: Board of Adjustments and Appeals Candidates 1 have reviewed the candidate applications submitted; in accordance with Collier County Land Development Code section 8.05.03, A., and accordingly I forward the following; Charles J. Martin Jr. — the resume submitted does not contain information detailing the candidate meets the qualifications for membership on the Board under the occupation of licensed plumbing contractor, per the code section noted above. Sincerely, Bill Hammond Cc: BOAA file Name Agenda Item No, 9S September 26, 2006 Page 4 of 10 Board of Building Adjustments and Appeals Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Bradley W. Schiffer 254 -0285 11/13/01 08 /09/05 520 Su ar Pine Lane 254-0285 10 111 105 08/09/09 g Naples, FL 34108 E -Mail: Brad @taxis- usa.com District: 2 Category. Architect Mr. Edward A. Wood 425 -7724 02/14/06 142 Bennington Drive, #3 877-6429 Naples, FL 34104 E- Mail: edwardwood@wcicommunities.com District: 3 Category: Class "A" General Contractor Mr. Leo F. Rodgers 657 -2700 07/29/03 1101 Monroe Street 657 -3601 11/16/04 Immokalee, FL 34142 E -Mail: ifdinsp30 @earthlink.net District: 5 Category: Lt. Fire Inspector VACANT Naples, FL E Mail. District. Category: Plumbing Contractor Mr. Kenneth R. Rech 1491 25th Street, S.W. Naples, FL 34117 E -Mail. kenrech @swfla.rr.com District: 5 Category: Licensed Engineer 403 -2499 11/16/04 455 -1119 Wednesday, February 15, 2006 Page 1 of 2 08/09/08 08/09/04 08/09/08 08/09/05 08/09/08 4 Years 4 Years 2 Years 1 Year 4 Years 4 Years G. Agenda Itern No. 9B September 26; 20706 Page 5 of 10 Board of Building Adjustments and Appeals Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This five member board was established by Ord. 83 16 (amended by Ord. No. 91 57); Repeated and amended by LDC, Div. 1.22.1 (Ord. 91 102, as amended) to hear appeals on rejections or refusals by the Building Code Compliance Director to approve mode of construction or materials to be used in construction or alteration of a structure. Membership consists of five members representing the following professions: One state licensed architect or structural engineer, one Class "A" general contractor, one state certified fire protective equipment contractor or State Certified Fire Fighter with the rank of Lieutenant or higher or State Certified Fire Safety Inspector with the rank of Lieutenant or higher, one licensed electrical contractor, and one licensed plumbing or mechanical contractor. Members must be knowledgeable in the following Building Codes: Florida Building Code Building, Florida Building Code Residential, Florida Building Code Existing Buildings, National Electrical Code, Florida Fire Prevention Code, Florida Fuel Gas Code, Florida Mechanical Code and Florida Plumbing Code. The membership term is four years. The meetings are held quarterly, or on an as needed basis. This is a Quasi Judicial Board. FL STAT none Staff Bill Hammond, Bldg Review & Permitting Director. 403 -2442 Wednesday, Febrttary 15, 2006 Page 2 of 2 MEMORANDUM DATE: August 7, 2006 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission RE: Voter Registration - Advisory Board Appointments Agerida Item No. 913 September 26; 2€ 06 Page 6 of 10 RECEIVED AUG 0 8 20M Board of County Commissioners 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. BOARD OF BLDG ADJ AND APPEALS Charles L. Martin, Jr. 222 Gulfshore Boulevard, N. Naples, FL 34103 /JD�� ,`tiv l Thank you for your help. COMNUSSION DISTRICT 3 Licensing Portal - Search Results 8+tF1q/1di.COfn r Log On A Public Services S h f L' Page 1 of 1 Agenda Itern No. 9B September 26, 2006 DBPR Home I Online Services Home I Help I Site Map 07:51:48 Ai earc or a icensee Search Results Apply for a License View Application Status Please see our glossary of terms for an explanation of the license status shown in these search results. Apply to Retake Exam Find Exam Information Find a CE Course License Type Name Name License Number/ Status/ File a Complaint Type Rank Expires AB &T Delinquent Invoice & Activity List Search Real Estate MARTIN, BK3070808 Current, J1 User Services Broker or CHARLES Primary B Broker Active N Sales L JR 03/31/2007 Renew a License Change License Status Community MARTIN, Maintain Account Association CHARLES Primary Applicant N Manager L)R Change My Address View Messages Real Estate MARTIN, Applicant Change My PIN Broker or CHARLES Primary N Sales L JR View Continuing Ed Real Estate MARTIN, BK3058928 Current, Broker or CHARLES Primary Broker Inactive N t�l Term Glossary Sales L JR 03/31/2007 Online Help Certified MARTIN, CHARLES Exam General LILBURN primary Eligible N Contractor JR Certified MARTIN, Exam General CHARLES Primary Eligible N Contractor LILBURN JR Certified MARTIN, CHARLES CGC1506612 Current, General LILBURN primary Cert General Active N Contractor JR 08/31/2008 New I Terms of Use I I Privacy Statement I https:// www .myfloridalicense.conVlicensinglwl l2 _i sp;j sessionid= MON4NDNN4HNLPBkK... 9/15/2006 Agenda Item No, 9 September 26, 2006 MEMORANDUM Page 8of10 DATE: August 7, 2006 TO: Terri Daniels, Human Services FROM: Sue Filson, Executive Manager Board of County Commissions RE: Black Affairs Advisory Board As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Charles L. Martin, Jr. 2222 Gulfshore Boulevard North Naples, FL 34102 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Page l of 2 Agenda Iteffn No. 913 September 26, 2006 filson s Page 9 of 10 From: advisoryboards @colliergov.net Sent: Thursday, July 27, 2006 10:01 AM To: filson s Subject: New On -line Advisory Board Application Submitted. Board of County Commissioners , 3301 East Tamiami Trall Naples, FL 34112 Tel: (239) 774 -3602 =' Fax: (239) 774 -3602 + July 27, 2006 Application for Advisory Committees 1 Boards Name: Charles L. Martin Jr. Home Phone: 239 -262 -7287 Home Address: 2222 Gulfshore Blvd North City: Naples Zip Code: 34102 • Fax Number: 239 - 262 -7289 Business Phone: '239-784-5498 Email Address: realtyglobal@aol.com Place of Employment: Realty Global and Gulfwest Homes (self) How long have you lived in Collier County? 3-4 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? No Board / Committee Applied for: Black Affairs Advisory Board Category: (if applicable) No information provided. Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 7/27/2006 is • 7/27/2006 Please list your community activities: Past MSI Board Of Directors large Realtor association, member of Naples area board of Realtors,member Collier Building Industry Association, Deputy Sheriff F.O.P. 13 years Louisville Ky /Urban Renewal Agency /Community Development Agency/ Campaign manager first black man to run for congress 1976/ Education: Florida licensed Real Estate Broker BK3070808 and Certified General Contracor CGC1506612 /Certified FEMA Housing inspector /Disaster reconstruction /30 years experience/ Experience / Background: Worked in inner city development for past 30 years ago as Urban Renewal Agency Federal Employee /Community Development Cabinet/Neighborhood Conservation Program /Code Enforcement/youngest HUD contractor / Certifed FEMA inspector /assisted in developing homestead program home for $1 and in 1976 was campaign manager for reverend R.Z. Miller first black man in kentucky to run for congress and extensive community involvement in the black communities Page 2 of 2 Agenda Item Ne, 9B September 26; 2006 Page 10 of 10 Agenda hem Colo. 9C September 26; 2006 EXECUTIVE SUMMARY Page 1 of 22 APPOINTMENT OF MEMBER(S) TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on December 14, 2008, to the Development Services Advisory Committee. CONSIDERATIONS: The Development Services Advisory Committee has 1 vacancy with the term expiring on December 14, 2008. This committee is composed of 15 members and represents the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. A list of the current membership is included in the backup. The Board of County Commissioners declared a seat vacant on July 25, 2006. A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Pierre W. Bruno Geologist 2 Yes None Thomas A. Donegan Engineer 2 Yes None William J. Varian General Contractor 2 Yes None Len Berringer Environmentalist 3 Yes None Charles L. Martin, Jr. Real Estate Developer 3 Yes None COMMITTEE RECOMMENDATION: William J. Varian — Primary Selection Len Berringer — Secondary Selection FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 26, 2006 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BDARD OF COUNTY COMMISSIONERS 9C Appointment of merrber to the Development Service,, Advisory Corrrnittee. 9/26;2006 9:00:00 AM Y.,Aend,. lien? Nc. K, -,;erre,er •r -; a =, Pala:; Prepared By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 9113/2006 2:56:44 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 911312006 4:07 PM El: a 1t em No. 9C Seppternber 26. 2006 Pace 3 of 22 Date: September 7, 2006 To: Sue Filson, Executive Manager Board of County Commissioners From: Joe Schmitt, Administrator, Community Development & Environmental Services Re: Development Services Advisory Council recommendation to fill vacancy on Council. The DSAC committee recommends: William J. Varian - Primary Selection Len Berringer — Secondary Selection Candidates are listed below with areas of expertise noted. Len Berringer 380 Harvard Ct. Naples FL 34104 Expertise: Environmentalist Pierre W. Bruno 1896 Seville Blvd., #1712 Naples, FL 34109 Expertise: Geologist Thomas A. Donegan 6967 Mill Pond Circle Naples, FL 34109 Expertise: Engineer Charles L. Martin, Jr. 2222 Gulfshore Blvd. N Naples, FL 34102 Expertise: Real Estate Developer William J. Varian 210 31 st St. N.W. Naples, FL 34102 Expertise: General Contractor Age;- a lies i No. 9C Sepfembe,, 26, 2006 Page 4 of 22 Development Services Advisory Committee Mr. James E. Boughton 760 Clarendon Court Naples, FL 34109 E -Mail. jim@boughtonarchitects.com District. 2 Category: Architect Mr. Dales D. Disney 4745 Stratford Ct., #2303 Naples, FL 34105 E -Mail: D.Dmey@mfldink.net District: 4 Category: Architect Mr. Blair A- Foley 120 Edgemere Way South Naples, FL 34105 E Mail: foLsOOO@aol.com District: 3 Category: Engineer Mr. Robert J. Mulhere 1946 Sheffield Avenue Marco Island, FL 34145 E -Mail: rjm@conmh- rwa.com District: 1 Category: Land Plainer 586.7800 01/10/06 592-1787 251 -3399 10/18/94 455 -2384 12/14/04 2s3 -1222 12tl4/99 289.4900 12/16103 649- 1509 09/10/02 12/14/04 Wednesday, April 26, 2006 Page I of 4 12/14/09 12/14/96 12/14/08 12/14/03 12/14/07 12/14/04 12/14/08 4 Years 2 Years 4 Years 4 Years 4 Years 2 Years 4 Years Work Phone Appt 'd Exp. Date Term /Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Frederick J. Reischl 597 -3111 05/10/05 12/14/07 2.7 Years 1455 29th Street, S.W. 353 -2332 Naples, FL 34117 E -Mail: reischl@abbinc.com District: Category: Land Planner Mr. James E. Boughton 760 Clarendon Court Naples, FL 34109 E -Mail. jim@boughtonarchitects.com District. 2 Category: Architect Mr. Dales D. Disney 4745 Stratford Ct., #2303 Naples, FL 34105 E -Mail: D.Dmey@mfldink.net District: 4 Category: Architect Mr. Blair A- Foley 120 Edgemere Way South Naples, FL 34105 E Mail: foLsOOO@aol.com District: 3 Category: Engineer Mr. Robert J. Mulhere 1946 Sheffield Avenue Marco Island, FL 34145 E -Mail: rjm@conmh- rwa.com District: 1 Category: Land Plainer 586.7800 01/10/06 592-1787 251 -3399 10/18/94 455 -2384 12/14/04 2s3 -1222 12tl4/99 289.4900 12/16103 649- 1509 09/10/02 12/14/04 Wednesday, April 26, 2006 Page I of 4 12/14/09 12/14/96 12/14/08 12/14/03 12/14/07 12/14/04 12/14/08 4 Years 2 Years 4 Years 4 Years 4 Years 2 Years 4 Years Age-Tda Herr No. 9C September 26. 21006 Fade ) of 22 Development Services Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndE.xpDate 2nd Term Mr. Charles Morgan Abbott 649-8565 04/25/06 12/14/07 1.5 Year 1306 28th Avenue North 649-4286 Naples, FL 34103 E -Mail. CaptAbbott@aol.com District. 3 Category: Construction Mr. Clay C. Brooker 281 -9300 7098 Pond Cypress Court, #201 595 -7654 Naples, FL 34109 E- Mail. ccbrooker@napleslaw.com District: 2 Category: Attorney Mr. Jason Hamilton Mikes Ve 261 -9555 3225 Cypress Glen Way, #101 597 -7371 ^ Naples, FL 34109 E Mail. jmikes@becker-poliakoff.com District. 2 Category: Attorney Mr. George K Hermanson 254 -2000 140 West Street 597 -4895 Naples, FL 34108 E -Mail: georehermanson@holemontes.com District: 2 Category =: Engineer Mr. David B. Dunnavant 403-6875 6441 Sandalwood Lane 597 -7145 Naples, FL 34109 E Mail: Ddunnavant@barroncollier.com District: 3 Category: Attorney 09/10/03 01/10/06 12/14/04 12/14/04 12/14/04 Wednesday, AprU 26, 2006 Page 2 of 4 12/14/05 12/14/09 12/14/08 12/14/08 12/14/08 2 Years 4 Years 4 Years 4 Years 4 Years Agenda (tern No. 9S. September 26; 2006 Page 6 of 22 Development Services Advisory Committee Work Phone Appt `d Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Thomas Masters 592 -7344 01/23/99 12/14/99 1 Year 4401 Pond Apple Drive 592-5853 12/16/03 12114/07 4 Years Naples, FL 34119 E -Mail. tommastawfAneyards@naples.com District: 5 Category: Professional Engineer Mr. Marco A Espinar 3880 Estey Avenue Naples, FL 34104 E -Mail: mmu)o@prodigy.net District: 3 Category: Environmental Planner Mr. David E. Bryant 1822 Arbour Walk Circle Naples, FL 34104 E -Mail. auramstat@aol.com District: 2 Category: Attorney Mr. Reed Jarvi 1281 venetian way Naples, FL 34110 E -Mail: rjar%i@vanday.com District: 2 Category: Engineer Mr. Brian E. Jones 2121 Heritage Tr. Naples, FL 34112 E- Mail: tamiamibld@aol.com District: 1 Category: General Contractor 253 -2687 435-0550 914 -2584 437 -4801 585.9084 793 -1133 64 &5100 12/14/99 12/16/03 01/10/06 01/10/06 12/14/99 12/16/03 K'ednesday, April 26, 2006 Page 3 of 4 12/14/03 12/14/07 12/14/09 12/14/09 12/14/03 12/14/07 4 Years 4 Years 4 Years 4 Years 4 Years 4 Years 'gender Hem too. 9C SepterEiber 26, 2006 Paoe 7 of 22 Development Services Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 15 member committee was created on 10/12193 by Ord. No. 93-76, amended on 11/07/95 by Ord. No. 95-60 to add additional categories of industry membership representation. This committee represents the various aspects of the development industry such as architect, general contractor, residential or building contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing conbac Wr, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the BCC to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. Terms are 4 years. FL STAT &af. . Joseph Schmitt, Comm Dev & Env Services Administrator. 403 -2385 Wedaesday, April 24. 2006 Page 4 of 4 MEMORANDUM DATE: August 7, 2006 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9C September 26. 2006 Page 8 of 22 RECEIVED AUG 0 6 2006 Board of County Commissioners 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. DEVELOPMENT SERVICES ADV COMM COMMISSION DISTRICT Pierre W. Bruno 1896 Seville Blvd., #1712 Naples, FL 34109 Thomas A. Donegan 6967 Mill Pond Circle Naples, FL 34109 William J. Varian 210 31 s' Street, N. W. Naples, FL 34120 Len Berringer 380 Harvard Court Naples, FL 34104 Charles L. Martin, Jr. Naples, FL 34102 Thank you for your help. e 3 MEMORANDUM DATE: August 7, 2006 ,aer;d ez a Item No. 9u Sptember 26, 2006 Paae 9 of 22 TO: Joseph K. Schmitt, Community Development & Environmental Services Administrator FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Development Services Advisory Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Pierre W. Bruno 1896 Seville Blvd., #1712 Naples, FL 34109 Thomas A. Donegan 6967 Mill Pond Circle Naples, FL 34109 William J. Varian 210 31 st Street, N.W. Naples, FL 34120 Len Berringer 380 Harvard Court Naples, FL 34104 Charles L. Martin, Jr. 2222 Gulfshore Boulevard, North Naples, FL 34102 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Agenda Rem No. 9C September 26, 2006 Page 10 of 22 Thank you for your attention to this matter. SF Attachments A , Page 1 of 3 •Agei ica hey r t Na. 9C. September 26, 2006 Filson s Paae 11 of 22 From: advisoryboards @colliergov.net . Sent: Tuesday, August 01, 2006 5:26 PM To: filson s Subject: New On -line Advisory Board Application Submitted. C g,C..UNtiy Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 r Fax: (239) 774 -3602 ; August 01, 2006 Application for Advisory Committees 1 Boards Name: Pierre W. Bruno Home Phone: 239- 566 -1282 Home Address: 1896 Seville Blvd #1712 City: Naples Zip Code: 34109 0 Fax Number: 239- 566 -1282 Business Phone: 239 - 514 -4100 Email Address: pbrun@earthlink.net Place of Employment: Forge Engineering, Inc. How long have you lived in Collier County? 1 -2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: Development Services Advisory Committee Category: (if applicable) No information provided. 0 Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 8/2/2006 Page 2 of 3 Haenda lien? No. gC Please list our community activities: CePte Paa 12 2006 y tY Paae 12 of 22 NH House of Representatives, 3 Terms, 1998 -2004 - Committee on Resources, Recreation, & Development • Committee on Transportation • Dam Management Review Committee Hillsborough County Executive Committee, 2001 -2004 - Chairman, County Corrections Department Budget Committee • UNH Cooperative Extension, ex officio member Great Bay Estuary Project Study Commission — Govemor's appointee Souhegan River Instream Flow Study Commission —House appointee Piscataquog River Local Advisory Committee 1994 -1996, Chairman Education: Michigan State University, Ph.D. Studies (no degree) - Geology / Hydrogeology University of Akron, Akron, Ohio, MS Geology, 1988 - Geology / Hydrogeology Cleveland State University, Cleveland, Ohio, BS Geology, 1984 Experience / Background: I have had the great opportunity to serve the public and I have extensive experience in government, serving 3 consecutive terms as a New Hampshire State Representative. The House Speaker appointed me as Caucus Whip. I also served on various environmental commissions, one appointed by the governor, one by the House Speaker, and a local committee appointment made by the Selectmen of the Town of New Boston, where I lived. I sat in the Committee on Resources, Recreation, and Development, overseeing all public law concerning natural resources, particularly surface and groundwater, and the use of those resources whether for recreation or development. During that time I chaired various sub- committees and I was directly involved in writing, revising, or amending existing laws and bills that came before our committee. This provides me with a deep awareness of how governmental departments operate. While sitting on the Committee on Transportation I worked with the State Public Department and I learned that just about every good idea has "unintended consequences" and it is a better idea to evaluate them before making a law. I served on the Hillsborough (NH) County Executive Committee overseeing the budgets of all county services and I chaired the budget committee for the County Corrections Department. I served as an ex officio member to the Cooperative Extension which provided various resources to the community, ranging from agricultural to public health. Serving on this committee taught me how to manage the public's interest within a public budget. Communicating with the public was a daily event. Answering letters, email, and telephone calls, I was in 8/2/2006 U • 8/2/2006 constant contact with my constituents —and even those beyond my district. As a Whip, I worked with House members of both parties on every issue under debate. As a member of House leadership, I negotiated with Senators to bring compromise to good bills that otherwise would have died due to stubbornness or egos. These opportunities to be a public servant taught me that the easiest way to find out what citizens are thinking is to listen to them —and to never forget that no matter what side of the aisle they are on —they are citizens. Bringing everyone together for a win -win resolution helps our society and brings out the best in everyone. I "retired" from public office in New Hampshire in order to move to Naples with my wife, Sherrie. My education is in earth science, specifically geology. I have taught geological and environmental studies courses at the University System of New Hampshire and Southern New Hampshire University. I am a Professional Geologist in the state of New Hampshire and am currently processing my application for professional certification in Florida. Prior to my relocation to Florida, I operated a geological and environmental consulting business in New Hampshire for the past 10 years. Additionally, I have worked for a national science and engineering firm where I was involved primarily in USEPA Superfund site evaluations. I believe that my diverse experience in science, teaching, and government, makes me very well suited to fill the vacancy of the Development Services Advisory Committee. Page 3 of 3 acme i;en i -�o. 9G September 25. 2006 Page 13 of 22 0 J fi Ison_s Paize 1 of 2 Agenda Ite �� No. 9' September 26, 2006 Page 14 of 22 From: advisoryboards @colliergov.net Sent: Tuesday, August 01, 2006 11:59 AM To: filson s Subject: New On -line Advisory Board Application Submitted. co c ,,ty Board of County Commissioners 3301 East Tamlaml Trail Naples, FL 34112 Tel: (238) 774602 Fax: (238) 774-3602 8/1/2006 August 01, 2006 Application for Advisory Committees / Boards Name: Thomas A. Donegan Home Phone: 239 - 594 -5648 Home Address: 6967 Mill Pond Circle City: Naples, Florida Zip Code: 34109 Fax Number: 239 -594 -5648 Business Phone: 239 -594 -5648 Email Address: T—Donegan@msn.com Place of Employment: Retired How long have you lived in Collier County? 5 -10 years I Ij r. j.. 31r' Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: Development Services Advisory Commitee Category: (if applicable) No information provided. Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 0 8/1/2006 Please list your community activities: Kiwanis of Northside Naples Member Naples Library Engineering Consultant Florida Engineeriong Society, Secretary, FPER Tau Beta Pi Member Naloinal Engineering Society Education: B.S. Chemical Eneering, Iowa State University 1942 Graduate St. Joseph Junior Collage, St. Joseph, Missouri Christian Brothers High School St. Joseph, Missouri Experience / Background: Engineering Projects Manager Collier Cty Gov. Projects Coodinatod Facilities Mgt. Proj. Coordinator Solid Waste Dept. Dir of Engr. Utilities Div. All above with Collier County Govt. 1984 -1998 Chas R Velzy Co. 1981 -1985 Union Carbide Corp. 1942 -1980 Page 2 of 2 Aoen�da Item No. 9C September 26, 2066 Page 15 of 22 '11son s m: advisoryboards §colliergov.net t. Thursday, March 09, 2006 4:45 AM To: filson s Subject: New On -line Advisory Board Applicabon Submitted. • 3/9/2006 c Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774-3602 March 09, 2006 Application for Advisory Committees I Boards Page I of 2 rage, Buda item No. 0u' September 26, 2606 Page 16 of 22 CC Ili. Name: William J. Varian, CGR CAPS Home Phone: 239 - 352 -7392 Home Address: 210 31st St NW City: Naples Zip Code: 34120 Fax Number: 239- 732 -0820 Business Phone: 239- 775 -1178 Email Address: wjv1992 @aoo.com Place of Employment: Wm. J. Varian Const. Co., Inc. How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: DSAC Category: (if applicable) General Contractor Do you currently hold public office? No Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards / committees: Borad of Adjustments and Appeals DSAC Please list your community activities: Past President of the Collier Building Industry (CBIA), School Board member of the Saint Elizibeth Seton School Trustee for the Future Builders of Amercica Foundation Education: Collegs graduate Experience / Background: Licenced State General Contractor in Collier County since 1989 Licenced Sate Roofing Contractor in Collier County since 1994 • • 3/9/2006 Pme 2 of 2 nu 'lGu iiem No. Sep' - -,Mbar 26 2006 Agenda Item [Jo. 90 September 26, 2006 Page 18 of 22 7:4 COMMUN W DEVMPMW AND ENMONMEVM SEMM Office of -the Administrator 2800 N. Horseshoe Drive - Naples, Florida 34104.239-403 -2385- FAX 2394403 -2395 Collier County Development Services Advisory Committee June 15, 2006 Leonard D. Barringer 380 Harvard Court Naples, FL 34104 Dear Mr. Barringer: Thank you for submitting your application for membership on the committee. The committee voted to appoint another appUcant fm the advertised poddao. Haweva, there is anodmi vacancy on the vomaaittee which will be advartind in the near fitmr- It is the committee's sincere hope that you will resubmit your application in response to the nest aclvactisomettL Should you have'any questions concerning this process, please feel free to contact our staff liaison, K=W 'Ibxam at 403 -2385. Sincerely, clay r x, Chair Development Service Advisory Committee � r C e 17 f ►, f . . G o .. n L 0 filson_s From: Len berringer [ldberringer @verizon.net] . Sent: Thursday, July 27, 2006 12:57 PM To: filson s Subject: DSAC Application Name: _Len Berringer 6225 Page 1 of 2 Agend ' er, No. 9C September 26, 2006 page 19 of 22 Home Phone: 239 -352- Home Address: _380 Harvard Court Zip Code: 34104 Fax No. na Business Phone:_na_ —e-mail address:_thebear @ieee.org Place of Employment: Retired Board or Committee Applied for: DSAC Category (if applicable): Environmentalist Example: Commission District, Developer, environmentalist, lay person, etc. • How long have you lived in Collier County: Years_ 10 yrs Months Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes No X If yes, explain: Do you now serve, or have you ever served, on a Collier County board or commlttee? Yes If yes, please list the committeesiboards:, No X Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: . Chairman, Presidents Council, Glen Eagle G&CC; President, Oxford Village HOA: Lector St. Ann Parish 7/27/2006 Page 2 of Agenda hei% No. 9U September 26. 2006 rage « 5 = Education: Attended College of Fine Arts, Architecture, Carnegie Tech (Carnegie Mellon Univ.): University of Pittsburgh, Post Graduate Studies Experience: Editor in Chief, Instruments and Control Systems: Editor, Electronic Products; Editor in Chief, Electronic Products Magazine Self Employed, Editorial Seminars, producers of national technical seminars in the field of Industrial Instrumentation, Electronic Control and Plastics Design and Production Please attach any additional information you feel pertinent This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please fax your application to p...,10 (239)774 -3602 ore -mail to suefilson(Mcolliergov. net Thank you for volunteering to serve the citizens of Collier County. W] 7/27/2006 Page 1 of 2 Agenda Item No. c^ Sepiember 26, 2066 filson s Page 21 of 22 From: advisoryboards @coliiergov.net • Sent: Thursday, July 27, 2006 9:27 AM To: filson s Subject: New On -line Advisory Board Application Submitted. Cou,ty Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 ► 4 1 July 27, 2006 Application for Advisory Committees I Boards Name: Charles L Martin Jr. Home Phone: 239 - 262 -7287 Home Address: 2222 gulfshore blvd north City: Naples Zip Code: 34102 Fax Number: 239 -262 -7289 Business Phone: 239 - 784 -5498 Email Address: realtyglobal @aol.com Place of Employment: Realtyglobal and Gulfwesthomes (self) How long have you lived in Collier County? 3-4 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: ©e+retvpment Serrise�s Adaisory Committee and Board of Building Adjustments Appeals Category: (if applicable) No information provided. 0 Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 7/27/2006 • —3 7/27/2006 Please list your community activities: past MSI Board Of Directors large Realtor Board,member of naples area board of Realtors,member of Collier Building Industry Association, Deputy Sheriff Dept F.Q.P. 13 years service/Neighborhood conservation program public meetings /Campaign Manager first black man to run for congress louisville 1976/ Urban Renewal Agency /contractor Housing and Urban Development inner city programs /National Landmarks association /community land planning /Community Development employee Education: Florida Licensed Real Estate Broker BK 3070808 and Certified General Contractor CGC1506612 /Certified FEMA Housing Inspector /Board Certified Mold Remediation /Registered Home Builder/Member of the National Association of Home Inspectors/Westem Kentucky University /Licensed Auctioneer /Prior Real Estate Appraiser /continuing education past 30 years in Zoning, Codes, Enviromental /Disaster Reconstruction /Government contracts/Real Estate /development/construction issues Experience / Background: See online resume www .masterpropertyconsultant.com 30 years experience in Real Estate Brokerage once owning 5 franchise offices commercial and residential /major subdivision and commercial strip center developer /Registered Home Builder /renovations of designated national landmarks /President of several companys /Zoned several subdivisions with public hearings /past urban renewal ,community development, neighborhood conservation,city code enforcement employee Page 2 of 2 Agenda Item No. K September 26; 2006 Page 22 of 22 Agenda (lent Pdo. 9D _sl;leir lber t6 _ :iti; COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ° Item Number: L0 Item Summary: Discuss the potential merits of requesting the. Florida Department of Transportation to reserve "Cl mill or, dollars of available future ?unding outside their 5 year work program for advancement with reimbursement to the County for Ina GaVls Boulevard widening projeet- fCommissioner Hales; Meeting Date: 9/26/2006 9:0D'00 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9!1312006 3:53 PM Agen0la 1te,il I�'o. �E September 26; 2006 Pape 1 of 12 EXECUTIVE SUMMARY TO DISCUSS THE RECONSIDERATION OF THE NAPLES DAILY NEWS PUD (PUDZ- 2005 -AR -8833) AND CREEKSIDE COMMERCE PARK PUD AMENDMENT (PUDA - 2005 -AR- 8832). (Commissioner Henning) OBJECTIVE: It is my intention to offer a motion to reconsider petition PUDZ- 2005 -AR -8833 and PUDA- 2005 -AR -8832 to give the petitioners the opportunity to present their arguments as to how a positive application of the law would justify granting their request for rezone. CONSIDERATIONS: Allow the Petitioner to demonstrate that the rezone does comply to all GMP and LDC, with one exception, as stated in the previous hearing. FISCAL IMPACT: There is no fiscal impact to reconsider this petition. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: It is within all legal parameters that I request a reconsideration of this agenda item, to be heard at the October 24, 2006, Board meeting. RECOMMENDATION: To reconsider the hearing of PUDZ- 2005 -AR -8833 and PUDA -2005- AR -8832. Prepared by: Commissioner Tom Henning Agenda Item No. uc September 26, 2006 Page 2 of 12 RECEIVED COUNTY MANAGER OFFICE ACTICN FILE SP e 0 20GS MEMORANDUM DATE: September 20, 2006 TO: Jim Mudd, County Manager C: Frank Halas, Commissioner District 2 FROM: Tom Henning Commissioner, District 3 SUBJECT: Reconsideration of Naples Daily News PUD (PUDZ -2005- AR -8833) and Creekside Commerce Park PUD Amendment (PUDA- 2005 -AR -8832) Please accept this as an official request for reconsideration of the Naples Daily News PUD (PUDZ- 2005 -AR -8833) and its' companion item, Creekside Commerce Park PUD Amendment (PUDA- 2005 -AR -8832) to be placed on the September 26, 2006, BCC Agenda. I have attached an Executive Summary for the reconsideration of these items. If approved for reconsideration, I suggest the petitioner's request of re- hearing the items on the October 24, 2006, BCC Agenda be granted. Thank you for your assistance. Tom Henning Commissioner, District TH:mst attachment Aaencta lien Lilo 9E Face Cis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9= Item Summary: Creekside Commerce Park PUD Amendment Reconsideration Request. (Commissioner Henning and Commissioner CDletta) Meeting Date: 9,/26/2006 9:00:00 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 911812006 12:26 PM Agenda !tern No. 9c September 26, 2006 Page 4 of 12 Naples Daily News re -zone petition The reason I disapproved the Naples Daily News petition is simple; when Chairman Halas questioned the height limitations within the zoning district in which the petition was based, it was stated the maximum height allowed was 35 feet. The petitioner was requesting 70 feet, or 100% over what is allowed in the Business Park zoning district. In recent days, I have been hearing that a request for reconsideration may come forward. It is common knowledge that the only persons who can place such a request on the Commissioner's agenda is either Commissioner Halas or myself. With that in mind, I prepared a series of questions in which the County Manager arranged for the County Attorney and a team of Land Planners to address. Using the Commissioner's land -use laws, they clearly pointed out my flaws by not using land -use previsions in total. The Naples Daily News was not asking to rezone this property to Business Park; they petitioned the County to rezone the property to Planned Unit Development/Business Park (PUD /BP). PUDs provide more flexibility then straight zoning and my negative vote was plain and simply wrong. The provision that was pointed out to me is 2.03.06(A) and states "purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs produced in compliance with the terms and provisions of this LDC and the GMP may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest ". This provision is there for any landowner to utilize as long the request does not differ in other laws. Our county was built on the same structure of principals and laws as our country. Bottom line: Naples Daily News was correct in their application. The principle planner and all other reviewers assigned to the project were correct, not only in my concerns but others as well. Many public speakers testified "We cannot lose Naples Daily News to Lee County ", etc. I don't want to lose jobs in our community or one of our oldest community institutions either. In the past I have complained that all too often land -use laws are applied negatively rather than positively. My votes on re -zones have always been based on the law; in this case I focused on what was not allowed, not what could be allowed, that was wrong. It is my intention to offer a motion to reconsider which will give the petitioners the opportunity to present their arguments as to how a positive application of the law would justify granting their request. While I regret that my vote caused turmoil in our community my duty is to apply our land -use laws fairly and equally in all matters which Agenda item No. 9E September 26, 20016 Page 5 of 12 come before the Commission. I believe that my actions at the next meeing and today meet that test. Agenda Itern No. 9E September 26, 2006 Page 6 of 12 MEMORANDUM To: Jim Coletta, Commissioner, District 5 Tom Henning, Commissioner, District 3 Donna Fiala, Commissioner, District 1 Fred Coyle, Commissioner, District 4 From: James V. Mudd, County M nager Date: Friday, September 15, 2006 Subject: Request to Reconsider Creekside Commerce Park PUD Amendment (PUDA- 2005 -AR -8832) On September 15, 2006, the County Manager's Office received a request to reconsider the Creekside Commerce Park PUD Amendment that was heard and subsequently approved at the September 12, 2006, meeting of the Board of County Commissioners. In accordance with the Code of Laws and Ordinances of Collier County, Florida Sec. 2 -42, entitled," Reconsideration of zoning and comprehensive plan requests," the petitioner has the right to request a motion of reconsideration. As a member of the Board who voted for the Amendment request, you may move for a reconsideration of the petition at a regular Board meeting within 15 days of the request for reconsideration. In order to meet this 15 -day deadline you must tell me if you wish to place this item on the agenda for reconsideration prior to the September 26, 2006, BCC meeting. If you should choose to make a motion for reconsideration, the item will be placed on the September 26 agenda under Section 9, Board of County -" aeraa Jerr No. sep ember 26, 2006 Page 7 of 12 Commissioners. The Board has the opportunity to then act upon the motion or continue the item until the next meeting. While the motion may also include a date for the item to be reheard, the reconsideration must take place between a 14- to 30 -day period after the motion has been adopted. It should be noted that the motion for reconsideration does not allow for the public or the petitioner to address the Board. The Board, however, may ask staff and the petitioner for information while considering the merits of the motion. The motion for reconsideration requires a majority vote by the Board. If the motion passes and the Creekside Commerce Park request for a PUD Amendment is brought back for reconsideration, all of the requirements regarding public advertisement, public hearing and approval by super majority will apply. I have included a copy of the petitioner's request, as well as the section of the Code of Laws and Ordinances of Collier County, Florida Sec. 2 -42, entitled, "Reconsideration of zoning and comprehensive plan requests," indicating the procedures for reconsideration. Please let me know as soon as possible and preferably by September 20, 2006 but no later than September 25, 2006 if you wish to place this item on the agenda. R S LFK� �� ESS _]I A L E G A L P R O F E S S I O N A L A S S O C I A T I O N September 15, 2006 VIA HAND DELIVERY AND E -MAIL Mr. James V. Mudd, County Manager Collier County Goverment 3301 East Tamiami Trail Naples, FL 34112 Agenda (tens Pao. 9E September 26, 20016 850 PARE: SrioRF. DRWEPage 8 of 12 TmANON C}3NTRF. THUu? FLOOR NAPLES, FL 34103 239.649.2708 DIREc-r 239.649.6200 MAIN 239.261.3659 FAX banderson @Talaw.com SEP r 2006 F(L= Re: Request to Reconsider — Naples Daily News PUD (PUDZ- 2005 -AR -8833) and Creekside Commerce Park PUD Amendment (PUDA- 2005 -AR -8832) Dear County Manager Mudd: As the Petitioner's agent on both of the above - referenced items which were acted upon at the September 12, 2006 County Commission Meeting, I am filing this Request for Reconsideration of both items pursuant to Section 2 -41 and Section 2 -42 of the Collier County Code of Ordinances. Section 2 -41 is applicable to the reconsideration of the approval of the Creekside PUD Amendment, and Section 2 -42 is applicable to the request to reconsider the denial of the Naples Daily News PUD. The grounds for this reconsideration request are that there was a misunderstanding as to compliance of the Naples Daily News PUD with the Land Development Code and the Growth Management Plan; and the Amendment to the Creekside PUD was to rezone 2.3 acres of that PUD to become part of the denied Naples Daily News PUD. Both of these are companion items and should be considered together. It is my understanding from Joe Schmitt that if the reconsideration is approved at the September 26 County Commission meeting, that the earliest date both Petitions could be advertised and scheduled for hearings by the Commission is October 24. 1 would respectfully request that the County schedule and advertise the re- hearings on the merits for the October 24, 2006 County Commission meeting. Thank you very much for your attention to this matter. Should you have any questions, please do not hesitate to contact me. Sincerely, R. Bruce Anderson For the Firni RBA: CLEVFI AND TOLEDO AKRON COLUMBUS CINUNNA11 WASHINGTON, D.C. TALLAHASSEE FORT MYE.RS NAI'LFS 508302.1 11878.0005 www_ralaw.com P.genca it-am No. 9E September 26, 2006 Page 9 of 12 Mr. James Mudd, et. al. September 15, 2006 Page 2 cc: ALL VIA E -MAIL Commissioner Tom Henning Commissioner Fred Coyle Commissioner James Coletta Commissioner Donna Fiala Commissioner Frank Halas Mr. Paul Marinelli Mr. John Fish Mr. Wayne Arnold Mr. Joseph Schmitt Mr. Mike DeRuntz David C. Weigel, Esq. Marjorie Student - Stirling, Esq. 508302.111878.0005 Agenda Item No. 9E September 26, 2006 Paae 10 of 12 § 2 -41 COLLIER COUNTY CODE 6 motion is made prior to the adjournment of to change the Toning classification on a the meeting at which the matter was voted parcel of land. A request for reconsidera- upon. tion may be made only by the petitioner. (2) By a motion to reconsider made by a member who voted with the majority if such motion is made at a regular meeting sub- sequent to the meeting at which the matter was voted upon, but only in accordance with the procedures set forth in subsections (b) through (e) of this section. (b) Where a member wishes the board to recon- sider a matter after the adjournment of the meeting at which it was voted on, the member shall deliver to the county administrator a written memorandum stating that the member intends to introduce a motion to reconsider. The memo- randum shall state the date of the regular meeting at which the member intends to introduce such motion, and shall be delivered to the adminis- trator at least six days prior to such meeting. The purpose of this requirement is to allow the staff to advise the board of the legal or other ramifica- -31ions of reconsideration. (c) Upon adoption of a motion to reconsider, the county administrator shall place the item on the agenda for the second regular meeting following the meeting at which the motion was adopted. (d) No motion to reconsider shall be made more than 30 days following the board's vote on the matter sought to be reconsidered. (e) This section shall apply to any matters which may lawfully be reconsidered except those mat- ters which are covered by section 2 -42. (Ord. No. 81 -54, § 1) Sec. 2-42&� Reconsideration of zoning and comprehensive plan requests. (a) Applicability. This section applies as fol- lows: (1) To situations in which the board of county commissioners has denied a request to change the land use designation of a parcel of land pursuant to the comprehensive land use plan or where the board of county com- missioners has denied a proposed petition (2) To all situations in which the board of county commissioners, acting in a quasiju- dicial capacity, has denied a license, permit or other approval. (b) Request for reconsideration. The petitioner shall request reconsideration of a petition in writing to the county administrator within 15 days of the date of the board's action denying the orig- inal petition. Thts request shall be jurisdictional, and no motion for reconsideration may be made by any member of the board where such a request was untimely except as provided in subsection (i) of this section. (c) Motion for reconsideration. Any member of the board who voted with the majority (or in the case of a rezoning, voted against) on the original petition may move for a reconsideration of the petition at any regular meeting of the board within 15 days from the date of the request for reconsid- eration. This motion shall be made during that portion of the board's agenda entitled "Board of County Commissioners' Report." If no motion for reconsideration is made during this time period, the request shall be deemed denied. The motion may specify a date certain upon which the peti- tion will be reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than 30 days from the date the motion is adopted. _. _ (d) Action on motion for reconsideration. The board shall either act on the motion for reconsid- eration at the meeting at which such motion is made or may table the motion for no longer than the next regular meeting of the board, If the mo. tion is not finally acted upon by the adjournment of the next regular meeting of the board after the motion has been made, it shall be deemed to have been denied. (e) Scheduling of petition for reconsideration. If the motion for reconsideration is granted, the county administrator shall schedule the petition on the agenda for the regular board meeting which was specified in the motion for reconsideration, or if no date is specified then on the fourth regular CD2:10 • 9 0 ADMINISTRATION board meeting following the meeting at which the motion is granted. (0 No hearing or debate on motion for reconsid- eration. A motion for reconsideration shall not re- quire public hearing, and neither the petitioner nor any other person shall have the right to ad- dress the board considering the merits of such a motion. However, the board may request informa- tion of the petitioner, the staff or any other person in order to better inform itself prior to acting upon the motion. The purpose of this provision is to prevent either the petitioner or any other person from debating the merits of the petition prior to its full consideration at a regularly scheduled board meeting where the petition is reconsidered. (g) [Procedures outlined.] The procedures out- lined herein shall not constitute an administra- tive remedy, and the defense of failure to exhaust administrative remedies shall not be raised if a petitioner declines to utilize these procedures and instead elects to pursue judicial remedies following the denial of the petition. The time period for seeking judicial relief following denial of those matters contemplated by subsection (a)(2) of this section shall run from the time the board votes on such matter, and a motion hereunder shall not alter such time period. (h) [Initial vote.] Where the initial vote was made after an advertised public hearing, any re- consideration of such vote shall comply with all advertisement and notice provisions that were le- gally required for the initial public hearing. (i) Reconsideration of petitions recently denied. In recognition of the fact that several petitions for which this section would be applicable have re- cently been denied by the board, and in recogni- tion of the fact that the reconsideration of some of these petitions may be meritorious and in the public interest, it is hereby declared that the pro- visions of subsection (b) of this section are hereby waived for any petitions otherwise entitled to re- consideration which have been denied by the board subsequent to May 1, 1981, and prior to October 8, 1981. In lieu of the requirements of subsection (b), petitioners who are otherwise eligible for re- consideration may request reconsideration in A-enda itel i Nc). 9= September 26, 2006 Page 11 of 12 § 2.77 writing no later than 15 days following September 29, 1981. (Ord. No. 81 -54, § 2; Ord, No. 88 -41, § 1) Land development code reference — Zoning amendments, § 2.7.2. State law reference — Adoption of rezoning ordinances, F.S. § 125.66(5). Secs. 2 -43 -2.65. Reserved. ARTICLE III. OFFICERS AND EMPLOYEES* DIVISION 1. GENERALLY Secs. 2 -66 -2.75. Reserved. DIVISION 2. COUNTY ADMINISTRATORT Sec. 2 -76. Citation. Any reference to "county manager" in this Code or existing or future ordinances, resolutions, min- utes, legal instruments and other documents shall be understood to refer to the "county ad- ministrator." (Ord. No. 93 -72, § 1) Sec. 2 -77. Appointment, qualifications, com- pensation and vacancy. (a) The county shall have a county adminis- trator appointed by the board of county commis- sioners, which officer shall be the administrative head of the county and shall be responsible for the administration of all departments of the county government which the board has authority to con- trol pursuant to F.S. ch. 125, pt. III (F.S. § 125.70 et seq.), the general laws of Florida, and other applicable legislation. *Cross references — Employee benefits, § 2.101 et seq.; per- sonnel, ch. 102. Special act reference — Special acts pertaining to officers and employees, § 202 -156 et seq. State law references — Public officers and employees, F.S. chs. 111, 112; general authority relative to officers and em- ployees, F.S. § 125.01(1)(s), (1)(u), (10), (1)(bb); bonds of county otfcials, F.S. ch. 137; compensation of county officials, F.S. ch. 145. iState law reference —County Admi n istration Law of 1974, F.S. § 125.70 et seq. CD2:11 Agenda item No. 9E September 26, 2006 Page 12 of 12 From: wight_d Sent: Wednesday, September 20, 2006 2:36 PM To: ochs_1; brock_m Subject: FW: Creekside Commerce Park PUD Amendment (PUDA- 2005 -AR -8832) Importance: High From: rosiak_n Sent: Wednesday, September 20, 2006 2:34 PM To: mudd_j; Sheffield Michael; stone-w; wight_d Cc: ColettaJim Subject: Creekside Commerce Park PUD Amendment (PUDA - 2005 -AR -8832) Dear Mr. Mudd: Commissioner Coletta is requesting for reconsideration of the petition for Creekside Commerce Park PUD Amendment (PUDA- 2005 -AR -8832) at the September 26, 2006 BCC meeting with the understanding that he reserves the right to withdraw it if conditions change. Thank you for assistance with getting this on the agenda. N a in,c U cos ua z EXECUTIVE AIDE TO COMMISSIONER JIM COLETTA, DISTRICT 5 PH: (239) 774 -8097 /FAX: (239) 774 -3602 Please note: Florida has a very broad public records law. Most written communications to or from officials regarding county business are public records available to the public and media upon request. Your e -mail communications may therefore be subject to public disclosure. Agenda Itern No. 9F SepterTiber 26; 2006 Page 1 of 10 EXECUTIVE SUMMARY TO DISCUSS THE RECONSIDERATION OF THE NAPLES DAILY NEWS PUD (PUDZ- 2005 -AR -8833) AND CREEKSIDE COMMERCE PARK PUD AMENDMENT (PUDA- 2005 -AR 8832). (Commissioner Henning) OBJECTIVE: It is my intention to offer a motion to reconsider petition PUDZ- 2005 -AR -8833 and PUDA- 2005 -AR -8832 to give the petitioners the opportunity to present their arguments as to how a positive application of the law would justify granting their request for rezone. CONSIDERATIONS: Allow the Petitioner to demonstrate that the rezone does comply to all GMT and LDC, with one exception, as stated in the previous hearing. FISCAL IMPACT: There is no fiscal impact to reconsider this petition. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: It is within all legal parameters that I request a reconsideration of this agenda item, to be heard at the October 24, 2006, Board meeting. RECOMMENDATION: To reconsider the hearing of PUDZ- 2005 -AR -8833 and PUDA -2005- AR -8832. Prepared by: Commissioner Tom Henning �etua I.,;,,, I'J aF ,, piernk;er 26. 2006 Paa' 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9:= Item Summary: Naples Daliy News PUD (PUDZ- 2005- AR -U33) Reconsideration Request, (Commissioner Henning) Meeting Date: 9112612006 9:00:00 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9120l200E 4:49 PM Commissioners Aoenda Item No. 9F September 26. 2606 Page 3 of 10 RECENED COUNTY MANAGER OFFCE ACTION FILE SP e 0 2305 MEMORANDUM DATE: September 20, 2006 TO: Jim Mudd, County Manager C: Frank Halas, Commissioner District 2 FROM: Tom Henning Commissioner, District 3 SUBJECT: Reconsideration of Naples Daily News PUD (PUDZ -2005- AR -8833) and Creekside Commerce Park PUD Amendment (PUDA- 2005 -AR -8832) Please accept this as an official request for reconsideration of the Naples Daily News PUD (PUDZ- 2005 -AR -8833) and its' companion item, Creekside Commerce Park PUD Amendment (PUDA- 2005 -AR -8832) to be placed on the September 26, 2006, BCC Agenda. I have attached an Executive Summary for the reconsideration of these items. If approved for reconsideration, I suggest the petitioner's request of re- hearing the items on the October 24, 2006, BCC Agenda be granted. Thank you for your assistance. Tom Henning Commissioner, District TH:mst attachment Agenda Item I� o. 9F September 26. 2006 Page 4 of 10 RECONSIDERATION The reason I disapproved the Naples Daily News petition is simple; when Chairman Halas questioned the height limitations within the zoning district in which the petition was based, it was stated the maximum height allowed was 35 feet. The petitioner was requesting 70 feet, or 100% over what is allowed in the Business Park zoning district. After viewing the replay of our meeting, the height of the NDN building was brought up four times. I did not hear why height was allowed in the zoning petition. My fear was we would allow exception to our laws because who the petitioner was. Not only did I ford this NOT to be true, CDES gave the same hard treatment as they do everyone. In recent days, I have been hearing that a request for reconsideration may come forward. It is common knowledge that the only persons who can place such a request on the Commissioner's agenda are either Commissioner Halas or I. With that in mind, I prepared a series of questions in which the County Manager arranged for the County Attorney and a team of Land Planners to address. Using the Commissioner's land -use laws, they clearly pointed out my flaws by not using land -use previsions in total. The Naples Daily News was not asking to rezone this property to Business Park; they petitioned the County to rezone the property to Planned Unit Development/Business _. Park (PUD/BP). PUDs provide more flexibility then straight zoning and my negative vote was plain and simply wrong. The provision that was pointed out to me is 2.03.06(A) and states "purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs produced in compliance with the terms and provisions of this LDC and the GMP may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest ". This provision is there for any landowner to utilize as long the request does not differ in other laws. Our Growth Management Plain encourages Business Park PUD zoning. The uses being requested are allowed by the GMP and LDC. In the past, my votes on re -zones have always been based on the law; in this case I focused on what was not allowed, not what could be allowed and I was incorrect in my judgment. It is my intention to offer a motion to reconsider which will give the petitioners the opportunity to present their arguments as to how a positive application of the law would justify granting their request. While I regret that my vote caused turmoil in our community, my duty is to apply our land -use laws fairly and equally in all matters which come before the Commission. I believe that my actions today and at the next meeting will meet that test. September 26. 2006 Page 5 of 10 pLORI�� MEMORANDUM To: Frank Halas, Commissioner, District 2 District 3 From: T Fr M du� a g er o tY Date: Friday, September 15, 2006 Subject: Request to Reconsider Naples Daily News PUD (PUDZ -2005- AR -8833) 10 On September 15, 2006, the County Manager's Office received a request to reconsider the Naples Daily News PUD that was heard and subsequently denied at the September 12, 2006, meeting of the Board of County Commissioners. In accordance with the Code of Laws and Ordinances of Collier County, Florida Sec. 2-42, entitled," Reconsideration of zoning and comprehensive plan requests," the petitioner has the right to request a motion of reconsideration. As a member of the Board who voted against the rezoning request, you may move for a reconsideration of the petition at a regular Board meeting within 15 days of the request for reconsideration. In order to meet this 15 -day deadline you must tell me if you wish to place this item on the agenda for reconsideration prior to the September 26, 2006, BCC meeting. If you should choose to make a motion for reconsideration, the item will be placed on the September 26 agenda under Section 9, Board of County Commissioners. The Board has the opportunity to then act upon the motion . or continue the item until the next meeting. While the motion may also I Agenda Item No. 9F September 26. 2006 Page 6 of 10 include a date for the item to be reheard, the reconsideration must take place between a 14- to 30 -day period after the motion has been adopted. It should be noted that the motion for reconsideration does not allow for the public or the petitioner to address the Board. The Board, however, may ask staff and the petitioner for information while considering the merits of the motion. The motion for reconsideration requires a majority vote by the Board. If the motion passes and the Naples Daily News request for rezone is brought back for reconsideration, all of the requirements regarding public advertisement, public hearing and approval by super majority will apply. I have included a copy of the petitioner's request, as well as the section of the Code of Laws and Ordinances of Collier County, Florida Sec. 2 -42, entitled, "Reconsideration of zoning and comprehensive plan requests," indicating the procedures for reconsideration. Please let me know as soon as possible and preferably by September 20, 2006 but no later than September 25, 2006 if you wish to place this item on the agenda. 8SO PARK SHORE DRIVE TRIANON CENTRE - THIRD FLOOR /� T D n r �+ S+ N�P649. 7 8 Dm . �.IV jtj,; J J 239.649.2708 DIRECT A iEGAi PROFESSIONAL ASSOCIATION 239.649.6200 MAIN 239.261.3659 banderson@rakvv.com September 15, 2406 REGEIVF_D COUNTY M/WA(iEl2 OFFICE VIA HAND DELIVERY AND E -MAIL 4 c Mr. James V. Mudd, County Manager Collier County Government ,CTtON 3301 East Tamiami Trail FILE Naples, FL 34112 Re: Request to Reconsider — Naples Daily News PUD (PUDZ- 2005 -AR -8833) and Creekside Commerce Park PUD Amendment (PUDA- 2005 -AR -8832) Dear County Manager Mudd: As the Petitioner's agent on both of the above - referenced items which were acted upon at the September 12, 2006 County Commission Meeting, I am filing this Request for Reconsideration of both items pursuant to Section 2 -41 and Section 2 -42 of the Collier County Code of Ordinances. Section 2 -41 is applicable to the reconsideration of the approval of the Creekside PUD Amendment, and Section 2 -42 is applicable to the request to reconsider the denial of the Naples Daily News PUD. The grounds for this reconsideration request are that there was a misunderstanding as to compliance of the Naples Daily News PUD with the Land Development Code and the Growth Management Plan; and the Amendment to the Creekside PUD was to rezone 2.3 acres of that PUD to become part of the denied Naples Daily News PUD. Both of these are companion items and should be considered together. It is my understanding from Joe Schmitt that if the reconsideration is approved at the September 26 County Commission meeting, that the earliest date Loth Petitions could be advertised and scheduled for hearings by the Commission is October 24. I would respectfully request that the County schedule and advertise the re- hearings on the merits for the October 24, 2006 County Commission meeting. Thank you very much for your attention to this matter. Should you have any questions, please do not hesitate to contact me. Sincerely, t R. Bruce Anderson For the Firm • RBA: Agenda Iterr, No. -9 r September 26, 2006 Page 8 of 10 • Mr. James Mudd, et. al. September 15, 2006 Page 2 cc: ALL VIA E-MAIL Commissioner Tom Henning Commissioner Fred Coyle Commissioner James Coletta Commissioner Donna Fiala Commissioner Frank Halas Mr. Paul Marinelli Mr. John Fish Mr. Wayne Arnold Mr. Joseph Schmitt Mr. Mike DeRuntz David C. Weigel, Esq. Marjorie Student-Stirling, Esq. j A 16 I A g en r, 2 Item N --9-7� SE--P'Lernber 26, 2,064. Paae.9 of 1 a 41 COLLIER COUNTY CODE motion is made prior to the adjournment of to change the zoning clasaffication on a the meeting at which the matter was voted parcel of land. A request for reconsiders - upon. tion may be made only by the petitioner. (2) By a motion to reconsider made by a (2) To all situations in which the board of member who voted with the majority if such county commissioners, acting in a quasilu. motion is made at a regular meeting sub- dicial capacity, has denied a license, permit sequent to the meeting at which the matter or other approval. was voted upon, but only in accordance with t the procedures set forth in subsections (b) (b) Request for reconsideration. The petitioner through (e) of this section. shall request, reconsideration of a, � petition in writing to the county administrator*ithin 15 days (b) Where a member wishes the board to recon- of the date of tbe board's action din�yingIhe orir sider a matter after the adjournment of the inal petition. Tlid request shall. be Jurisdictional meeting at which it was voted on, the member and no motion for reconsideration may be made shall deliver to the county administrator a written by any member of the board where such a request memorandum stating that the member intends to was untimely except as provided in -subsection (i) introduce a motion to reconsider. The memo- of this section. randum shall state the date of the regular meeting at which the member intends to introduce such (c) Motion for reconsideration. Any member of inotion, and shall be delivered to the adminis- the board who.voted with the majority",tor in the trator at least six days prior to such meeting. The case of a rezoning, voted against)-1.011--thworiginal purpose of this requirement is to allow the staff to petition may move for a reconsideration of the dvise the board of the legal or other rarnifica- petition at any regular meeting oftheboard within ons of reconsideration. 15 days from the date of the request for reconsid- eration. This motion shall be made during that (c) Upon adoption of a motion to reconsider, the portion of the board's agenda entitled "!Board of county administrator shall place the item on the County Commissioners' Report." If no motion for agenda for the second regular meeting following reconsideration is made during this time period, the meeting at which the motion was adopted. the request shall be deemed denied. The motion may specify a date certain upon which the peti. (d) No motion to reconsider shall be made more tion will be reconsidered, but in no event shall than 30 days following the board's vote on the such reconsideration take placeless than 14 days matter sought to be reconsidered. nor more than 30 days from the date the motion is (e) This section shall apply to any matters which adopted. may lawfully be reconsidered except those mat- (d) Action an motion for reconsideration. The ters which are covered by section 2-42. board shall either aict on the motion 'for reconsid- (Ord. No. 81-54, § 1) eration at the meeting at which such motion is made or may.table the motion for no longer than (Se Reconsideration of zoning and the next regular meeting of the board. If the mo. comprehensive plan requests, tion is not finaDy acted upon by the adjournment of the next regular meeting of the board after the (a) Applicability. This section applies as fol- motion has been made, it shall be deemed to have lows: been denied. (1) To situations in which the board of county (e) ScheduUng ofpefidon for reomolderation. If commissioners has denied a request to the motion for reconsideration is granted, the change the land use designation of a parcel county administrator shall schedule the petition of land pursuant to the comprehensive land on the agenda for the regular board meeting which use plan or where the board of county com- was specified in the motion for reconsideration, or missioners has denied a proposed petition if no date is specified then on the fourth regular CD2:10 • • ADMINISTRATION board meeting following the meeting at which the motion is granted. (f) No hearing or debate on motion for reconsid- eration. A motion for reconsideration shall not re- quire public hearing, and neither the petitioner nor any other person shall have the right to ad- dress the board considering the merits of such a motion. However, the board may request informa- tion of the petitioner, the staff or any other person in order to better inform itself prior to acting upon the motion. The purpose of this provision is to prevent either the petitioner or any other person from debating the merits of the petition prior to its full consideration at a regularly scheduled board meeting where the petition is reconsidered. 1g) [Procedures outlined.] The procedures out- lined herein shall not constitute an administra- tive remedy, and the defense of failure to exhaust administrative remedies shall not be raised if a petitioner declines to utilize these procedures and instead elects to pursue judicial remedies following the denial of the petition. The time period for seeking judicial relief following denial of those matters contemplated by subsection (a)(2) of this section shall run from the time the board votes on such matter, and a motion hereunder shell not alter such time period. (h) [Initial vote.] Where the initial vote was made after an advertised public hearing, any re- consideration of such vote shall comply with all advertisement and notice provisions that were le- gally required for the initial public hearing. ('i) Reconsideration of petitions recently denied. In recognition of the fact that several petitions for which this section would be applicable have re- cently been denied by the board, and in recogni- tion of the fact that the reconsideration of some of these petitions may be meritorious :and in the public interest, it is hereby declared that the pro- visions of subsection (b) of this section are hereby waived for any petitions otherwise entitled to re- consideration which have been denied by the board subsequent to May 1, 1981, and prior to October 8, 1981. In lieu of the requirements of subsection (b), petitioners who are otherwise eligible for re- consideration may request reconsideration in Aaenda liem ivo. 9F September 26, 2006 , Page 10 of 1Q r f 2 -77 writing no later than 15 days following September 29, 1981. (Ord. No. 81 -54, § 2; Ord. No. 88 -4.1, §1) Lend development code reference— Zoningamaklments, 12.7.2. State law reference— Adoption of rewningordinanen, F.S,, 4 125.6&C5). Secs. 2 -43 -2.65. Reserved. ARTICLE M. OFFICERS AND. EMPLOYEES* 'r DIVISION 1. GENERALLY Secs, 2= 66- -2.75. Reserved. DIVISION 2. COUNTY >ADMINrSTRA'fORt Sec. 2.76. Citation. Any reference to "county manager" intli s Code :l or existing or future ordinances, resolutions{ rnin utes, legal instruments and other documents shall be understood to refer to the "county ad- ministrator." (Ord. No. 93 -72, § 1) See. 2 -77.= Appointiment, qualifieatidna, oom.• pensation and vaesuc3 , (a) The county shall have a county .adminis- trator appointed by the board of county commis- sioners, which officer shall be the administrative- head of the county and shall be responsible for the administration of all departments of the county government which the board has authority to con- trol pursuant to F.S. ch.125, pt. n1 (F.S. $ 125 70 et seq.), the general laws of Florida, and other applicable legislation. *Cross references— Employee 'benents, 0 2.101`etseq;; par sonnet, ch. 102: Special act reference — Special acts pertaining to officers and employees, 1202-156 et seq. State law references— Public officers and employees, F.S. chs. 111, 112; general authority relative to officers -and em- ployees, F.S. $ 25.01Ws), (1)(u), (1XvX (1)(bb); bands of county o(ricials, F.S. ch. 137; compensation ofcountyofficiais, F.S. eh. 148. tState law reference — County Administration Lew of 1574, F.S. 3 125,.70 et seq. CD2:11 Agenda item No. w September 26, 2006 Pace 1 of 108 EXECUTIVE SUMMARY THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY MANAGER OBJECTIVE: To complete the annual performance appraisal for the County Manager. CONSIDERATIONS: The County Manager reports directly to the Board of County Commissioners. In order to assure that his work performance is coordinated with the direction of the full Board, an annual appraisal is conducted. An annual work plan (Action Plan) was developed. The County Manager has provided a commentary and self- appraisal as a starting point for this year's appraisal. He has met individually (when required) with each Board member to discuss the past year's performance to determine what elements Board members recommend or direct to be performed better or differently and what aspects of the office operation were done well. A compilation of the Commissioners' written evaluations is included along with each individual assessment. The County Manager Employment Agreement provides that on the date general wage adjustments are granted generally to Collier County employees, the County Manager's base salary shall be modified to reflect the general wage adjustment granted to other County employees. Merit pay is also available if the Board feels that the County Manager has "met" or "exceeded " the Board's expectations. Merit pay can be awarded from 3% (minimum) to a 10% (maximum). By the existing contract, all such merit adjustments shall be included in the Manager's base salary. However, to be consistent with the cost savings merit pay changes for Administrators and Directors, the Manager, voluntarily requests, that his merit pay be awarded as a lump sum payment for FY05 performance and not be added to his salary. FISCAL IMPACT: Depending on the percent of merit pay awarded by the Board, the one time cost to the general fund may range from $5,246. to $17,486. General (001) Funds are available to support this range of award. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners complete the annual performance appraisal process for the County Manager and determine the Merit Pay Award. SUBMITTED B� � Frank Halas, Chairman Board of County Commissioners erda Item Flo_ 9G piem?;er 2E 00 Pa�c 2 of ;92 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9G Item Summary: Trip, Arinuai Performance Appraisal forme County Manager. (Convnissioner Nalas) Meeting Date: 9,26 12006 9:00:00 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 912012006 5:46 PM `tggenda item No. 9G September 26. 2006 Page 3 of 198 The County Manager is tasked with carrying out the policy direction provided by the Board of County Commissioners. He is by ordinance to provide leadership for the day - to -day operations of the employees of the Board of County Commissioners. The following Action Plan is developed in an effort to provide clear expectations for the County Manager for the period from August 2005 through September 2006. The Action plan is based on the broad areas generally expected to be performed by the Executive Officer, including: communications, leadership, organizational direction, financial oversight, personnel, growth and capital project management. This part of the action plan represents 40% of the annual evaluation weight. Each Goal for the FY will also be evaluated and will represent the remaining 60% of the annual evaluation weight. These areas are further categorized as to their pertinence and support of the FY 07 Strategic Focus Areas (SFA) and their Goals for Collier County that are enumerated below: It is Collier County's Vision - To Strive to be the Best Community in America to Live, Work and Play. From this 14ision flows the statement of our County's Mission - To Deliver High Quality, Best -Value Public Services, Programs, and Facilities to Our Residents and Visitors The County Mission will be accomplished by dedicating its resources and efforts to the following Strategic Focus Areas (SFA) with their corresponding goals SFA. 1. NeighbonWwd Preservation & Enhancement - To preserve and enhance the safety, quality, value, character, and heritage of our neighborhoods, communities and region. SFA. Z. Grio*1h Management - To responsibly manage community growth, development and redevelopment, while enhancing the natural environment. SFA. 3. Community Health and Human Services - To Improve the quality of life and promote personal self - reliance and independence through improved access to community health care and human services for those most in need. SFA. 4. Mobility - To provide for the various mobility needs of the community and the region while respecting and enhancing the character of the diverse neighborhoods. SFA. 5. Economic Development -To help create a business climate that promotes a diversified, growing economy consistent with the established growth management plans and community desires. SFA. 6. Local Governance - To sustain public trust & confidence in County govemment through sound public policy decisions, expert professional management and active citizen participation. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Manager's performance by rating each of the following performance objectives on a 1 to 3 scale. Individual evaluations will be totaled and averaged to determine the Board's collective position. Page 1 of 18 Agenda item No. 9G September 26.. 2006 Paae 4 of 198 Below are the standards for scoring the self - appraisal. These should help you decide on how to grade each of the areas on my KRA/appraisal form. Score Re',Ult', 1 • Some improvements and/or early good performance levels in a Below few areas Standards . Results not reported for many to most areas of importance to the organization's key business requirements • Improvement trends and/or good performance levels reported for most areas of importance to the organization's key business requirements 2 . No pattern of adverse trends and no poor performance levels in Meets areas of importance to the organization's key business Standards requirements • Some trends and/or current performance levels — evaluated against relevant comparisons and/or benchmarks — show areas of strength and/or good to very good relative performance levels Business results address most key customer, market, and process requirements • Current performance is excellent in most areas of importance to the organization's key business requirements 3 . Excellent improvement trends and/or sustained excellent Exceeds performance levels in most areas Standards • Evidence of industry and benchmark leadership demonstrated in many areas Business results fully address key customer, market, process, and action plan requirements Page 2 of 18 ri u� 1terri No. 9'J September 26. 2005 Paae 5 of 1 OC The following area of Communications supports the Strategic Focus Area 6 - Local Governance — To sustain public trust & confidence in County government through sound public policy decisions, expert professional management and active citizen participation. COMMUNICATIONS Comm. Henning Comm. Fiala Comm. Coletta Comm. Halas Comm. Doyle C.1 (Internal) The County Manager will be expected to provide the BCC with timely and accurate responses to requests for information, as well as, coordinating drafts 1 3 2 3 2.5 for plans, fees and controversial ordinances with the BCC members before the information goes public. COMMUNICATIONS Comm. Henning Comm. Fiala Comm. Coletta Comm. Halas Comm. Coyle C.2 (External) The County Manager will be expected to provide information to the public through a minimum of one speaking 2 3 3 3 3 engagement per month on average, as well as, developing new means to provide information to the public regarding County information. COMMUNICATIONS Comm. Henning Comm. Fiala Comm. Coletta Comm. Halas Comm. Coyle C.3 (External) The County Manager will be expected to ensure that the organization has systems in place to ensure that the 1 3 3 3 2.5 general public is responded to in a timely and accurate manner. Also, improve Public Relations by providing more understandable and complete information to the public. The following area of Leadership /Organizational Direction supports the Strategic Focus Area 6 - Local Governance — To sustain public trust & confidence in County government through sound public policy decisions, expert professional management and active citizen participation. Page 3 of 18 Agenda Item No. 9G September 26, 2006 Page ,3 of 198 The following area of Personnel Management supports the Strategic Focus Area 6 - Local Governance — To sustain public trust & confidence in County government through sound public policy decisions, expert professional management and active citizen participation. PERSONNEL MANAGEMENT Comm. Comm. Comm. Comm. Comm. LEADERSHIP/ Henning Fiala Colette Halas Coyle ORGANIZATIONAL DIRECTION 2 2 3 1.5 3 L.1 The County Manager will ensure that there is a clear direction that is 2 2 3 2 3 communicated throughout the organization. P.2 The County Manager will provide to the Board an annual pay plan as part of the budget that will provide for an organized Comm. Comm. Comm. Comm. Comm. LEADERSHIP/ Henning Fiala Coletta Halas Coyle ORGANIZATIONAL DIRECTION L.2 The County Manager will ensure that all executive summary reports provided to the 1 2 3 3 2.5 Board have specific and clear recommendations. LEADERSHIP/ Comm. Henning Comm. Fiala Comm. Coletta Comm. Halas Comm. Coyle ORGANIZATIONAL DIRECTION L.3 The County Manager will provide opportunities for the Board of County 3 2 3 2 3 Commissioners to discuss and set proactive policy direction on key community issues. The following area of Personnel Management supports the Strategic Focus Area 6 - Local Governance — To sustain public trust & confidence in County government through sound public policy decisions, expert professional management and active citizen participation. PERSONNEL MANAGEMENT Comm. Henning Comm. Fiala Comm. lett Ha s. a �m e. Coyle PA The County Manager will ensure that the County follows the Board's established policies for the hiring and management of 2 2 3 1.5 3 its employees. PERSONNEL MANAGEMENT Comm. Henning Comm. Fiala Comm. Coletta Comm. Halas Comm. Coyle P.2 The County Manager will provide to the Board an annual pay plan as part of the budget that will provide for an organized 2 2 3 2.s 3 means for salary administration. Page 4 of 18 noenda Item Iva. 9v Septem per 26, 2006 Page 7 of 198 The following area of Growth Management supports Strategic Focus Areas SFA. 1. Neighborhood Preservation & Enhancement — To preserve and enhance the safety, quality, value, character, and heritage of our neighborhoods, communities and region; SFA. 2. Growth Management — To responsibly manage community growth, development and redevelopment, while enhancing the natural environment, and SFA. 5. Economic Development — To help create a business climate that promotes a diversified, growing economy consistent with the established growth management plans and community desires. GROWTH MANAGEMENT Comm. Henning Comm. Fiala Comm. Coietta Comm. Halas Comm. Coyle G.1 County Manager will supervise the revision; reorganization; update of outdated 3 2 3 2.5 2.5 and obsolete provisions of the Land Development Code (LDC). The BCC will provide guidance to the staff to these ends. Comm. Comm. Comm. Comm. Comm. GROWTH MANAGEMENT Henning Fiala Coletta Halas Coyle G.2 County Manager will implement measures to improve customer service as 2 2 2 1 2 outlined in the CDES 8 Step Improvement Plan. Expected outcome is to get permits and development review items back to the public within established standards. GROWTH MANAGEMENT Comm. Henning Comm. Fiala Comm. Coletta Comm. Halas Comm. Coyle G.3 The County Manager will provide staff coordination through a series of citizen 2 2 3 3 3 committees to study and implement numerous community planning initiatives. Page 5 of 18 Agenda Hem N-- 9G September 26; 2006 Page 8 of 198 The following area of Capital Project Management supports Strategic Focus Areas SFA. 1. Neighborhood Preservation & Enhancement — To preserve and enhance the safety, quality, value, character, and heritage of our neighborhoods, communities and region: SFA. 4. Mobility — To provide for the various mobility needs of the community and the region while respecting and enhancing the character of the diverse neighborhoods. and SFA. 6. Local Governance — To sustain public trust & confidence in County government through sound public policy decisions, expert professional management..... The following area of Financial Management supports Strategic Focus Areas SFA. 1. Neighborhood Preservation & Enhancement — To preserve and enhance the safety, quality, value, character, and heritage of our neighborhoods, communities and region: SFA. 4. Mobility — To provide for the various mobility needs of the community and the region while respecting and enhancing the character of the diverse neighborhoods. and SFA. 6. Local Governance — To sustain public trust & confidence in County government through sound public policy decisions, expert professional management ..... Page 6 of 18 Comm. Comm. Comm. Comm. Comm. CAPITAL PROJECT MANAGEMENT Henning Fiala Coletta Halas Co vie CP.1 The County Manager will provide a capital budget that will clearly describe the 2 2 3 3 3 capital projects proposed for the following fiscal year along with the proposed means for funding such projects. CAPITAL PROJECT MANAGEMENT Comm. Henning Comm. Fiala Comm. Coletta Comm. Halas Comm. Co le CP.2 The County Manager will provide regular updates to the County Commission 2 2 3 2 2.5 on key capital projects in a manner which is easy to understand and timely. CAPITAL PROJECT MANAGEMENT Comm. Henning Comm. Fiala Comm. ColeM Comm. Halas Comm. Coyle CP.3 The County Manager will ensure that for each key capital project that there is 1 2 3 3 2.5 clearly established responsibility, budgets and schedules for each. The Manager will also implement business processes that will control costs and cost overruns. The following area of Financial Management supports Strategic Focus Areas SFA. 1. Neighborhood Preservation & Enhancement — To preserve and enhance the safety, quality, value, character, and heritage of our neighborhoods, communities and region: SFA. 4. Mobility — To provide for the various mobility needs of the community and the region while respecting and enhancing the character of the diverse neighborhoods. and SFA. 6. Local Governance — To sustain public trust & confidence in County government through sound public policy decisions, expert professional management ..... Page 6 of 18 gen a Item Pti�. 9G Septernaer 26 2006 Page 9 of 198 FINANCIAL MANAGEMENT Comm. Henning Comm. Fiala Comm. Coletta Comm. Halas Comm. Coyle F.1 The County Manager will present an opportunity annually, prior to the development of the annual budget, for the 2 2 3 3 3 County Commission to have a policy level discussion regarding the next year's annual budget. FINANCIAL MANAGEMENT Comm. Hennina Comm. Fiala Comm. Colette Comm. Halas Comm. Coyle F.2 The County Manager will develop an annual budget that will be presented to the County Commission in workshop format and 2 2 3 3 3 then again in accordance with statute for public participation through a series of two separate public hearings. Continue to make improvements to the budgeting rocess. FINANCIAL MANAGEMENT Comm. Henning Comm. Fiala Comm. Coletta Comm. Halas Comm. Coyle— F.3 The County Manager will present a budget for FY07 that has a reduction of 3% from potential (millage neutral) ad valorem 2 2 3 3 3 revenue FINANCIAL MANAGEMENT Comm. Henning Comm. Fiala Comm. Coletta Comm. Halas Comm. Coyle F.4 The County Manager will provide annual updates of user fees and other non -Ad Valorem revenue, i.e. impact fees, grants, 2 2 3 3 3 etc. FINANCIAL MANAGEMENT Comm. Henning Comm. Fiala Comm. Coletta Comm. Halas Comm. Coyle F.5 The County Manager will work cooperatively with the Clerk of Courts on the preparation of the CAFR and respond 2 2 3 3 3 promptly and thoroughly to any issues raised by the external auditors. Page 7 of 18 Agenda Item loo. 9G September 26. 2006 Page 10 of 198 The following section represents the additional goals that were presented to the BCC in October 2005. Each goal is followed by a current status with actions taken. Below each goal and response is a rating box. Again the same rating scale of 1 to 3 is used. This area of the report accounts for 60% of the annual evaluation rating. Goals for Fiscal Year 2006: 1. Following through on the County's New Strategic Plan for 06/10. As discussed in the Strategic Planning workshop. Establish and finalize a long range County plan for infrastructure improvements East of CR 951, along with a solid financial plan that supports it. The East of 951 Study is very important to the County. This is an opportunity of a lifetime to get it right in at least half of the County. We need to make sure that the resources, expertise and dedication are applied Countywide to this study to make it a success. Guide the implementation of the new Strategic Plan after BCC approval and align the organization around that plan. 2. Community Development. We will continue to focus on improving the business processes within this division and amending the codes to manage growth better and instill smart growth tenets. Implement measures to improve customer service as outlined in the 8 -step Improvement Plan -- training, develop a Customer Friendly Lobby, Redefine the EDC "Fast Track" program, Improve overall customer service and response, Develop and propose LDC amendments to allow more flexibility in dealing with environmental restrictions, establish a "business roundtable" to discuss continued process improvements. (See pages 11 -13 of this report for status). In addition, conduct at least 2 PUD /IOU workshops; continue to manage the FIRM restudy process as renegotiated with FEMA; implement development review business process improvements, including establishment of product turnaround metrics; and continue to pursue a Collier County Mitigation Park (Bank). GOALS FOR FY 2006 Comm. "enning Comm. Fiala Comm. Coletta Comm. "alas Comm. Coyle 1. Following through on the County's New Strategic Plan for 06/10. 2 2 3 3 3 2. Community Development. We will continue to focus on improving the business processes within this division and amending the codes to manage growth better and instill smart growth tenets. Implement measures to improve customer service as outlined in the 8 -step Improvement Plan -- training, develop a Customer Friendly Lobby, Redefine the EDC "Fast Track" program, Improve overall customer service and response, Develop and propose LDC amendments to allow more flexibility in dealing with environmental restrictions, establish a "business roundtable" to discuss continued process improvements. (See pages 11 -13 of this report for status). In addition, conduct at least 2 PUD /IOU workshops; continue to manage the FIRM restudy process as renegotiated with FEMA; implement development review business process improvements, including establishment of product turnaround metrics; and continue to pursue a Collier County Mitigation Park (Bank). Page 8 of 18 GOALS FOR FY 2006 Comm. Henning Comm. Fiala Comm. Coietta Comm. Halas Comm. Coyle 2. Community Development. 2 2 3 3 2.5 Page 8 of 18 Agenda Item Nio. 9'G September 26, 2006 Page 11 of 198 3. Improved use of technology and web site. The technology in place is capable of much more than we use it for. AIMS, GIS, SAP, and Novus (the new paperless agenda) are all examples of exploitable technology within our grasp. In 2005/2006, produce a professional agency Web page that standardizes screen layouts, content requirements and navigation protocols, i.e. (common "look and feel "). Complete redesign of the county's web site plus marketing campaign for rollout 6 month project. Measure feedback from users. 4. Succession Planning. Continue developing what is known as "bench strength" or developing a management team below the Division and Department level of people who are skilled, ready and able to step into higher management positions. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 3. Improved use of technology & web site 2 2 3 3 2 4. Succession Planning. Continue developing what is known as "bench strength" or developing a management team below the Division and Department level of people who are skilled, ready and able to step into higher management positions. 5. Develovment of more regional_ strength at the State Legislative level. Continue to strengthen relationships that have been formed between Collier, Lee, Charlotte, Sarasota and Hendry Counties to develop even more unified positions on issues that affect Southwest Florida from Tallahassee. A dedicated State lobbyist should help in this regard. Collier is in line to host the SW Florida legislative Day in 2006. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas e 4. Succession Planning 2 2 3 3 2 5. Develovment of more regional_ strength at the State Legislative level. Continue to strengthen relationships that have been formed between Collier, Lee, Charlotte, Sarasota and Hendry Counties to develop even more unified positions on issues that affect Southwest Florida from Tallahassee. A dedicated State lobbyist should help in this regard. Collier is in line to host the SW Florida legislative Day in 2006. 6. SB360 Glitch Bill. Make sure that we stay on top of SB360 and its impact on the County Growth Management Plan; Make the required State deadlines. Work to correct the needed "glitches" to the state's Growth Management Bill. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 5. Development of more regional strength 2 2 3 3 2.s at the State Legislative level. 6. SB360 Glitch Bill. Make sure that we stay on top of SB360 and its impact on the County Growth Management Plan; Make the required State deadlines. Work to correct the needed "glitches" to the state's Growth Management Bill. Page 9 of 18 Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 6. SB360 Glitch Bill. 2 3 3 3 2.5 Page 9 of 18 .t;genua Item No. 9G September 26, 2006 Page 12 of 198 7. Federal Lobbyist. - Cultivate interactive, interdependent relationships with our federal lobbyists and key legislative aids and Representatives and Senators in Washington, D.C. GOALS FOR FY 2006 Comm. Henning Comm. Fiala Comm. Colette Comm. Halas Comm. Coyle 7. Federal Lobbyist. 2 2 3 3 2.5 8. Successful capital project management. FY06 will see another large capital construction program. Managing these projects to successful and timely completion will be a priority. Road Improvement Projects of Interest: Critical Utility Improvement Projects: Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Colette Halas Coyle 8.a. Successful capital project management. Critical Utility Improvement 1 2 3 3 2.5 management. Road Improvement Projects Critical Utility Improvement Projects: Public Safety Projects: Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning_ Fiala Colette Halas Coyle 8.b. Successful capital project management. Critical Utility Improvement 2 3 3 3 3 Projects Public Safety Projects: Other Significant County Projects: Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 8.c. Successful capital project management. Public Safety Projects 2 2 3 2 3 Other Significant County Projects: Page 10 of 18 Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coietta Halas Coyle 8.d. Successful capital project 2 2 3 z.8 3 management. Other Significant County Projects Page 10 of 18 A genda item No. 9G September 26, 2005 Page 13 of 193 9. Overall Operational Improvements: A. Enterprise Content Management/Records Management - This is the first of a multi -year project. Two objectives are involved — one is the engagement of a consultant to (1) determine the current state of records and document management, (2) conduct a basic document inventory, and (3) lay out a plan for future implementation of a full ECM application; the second is to hire a Records Manager and Records Technician (pending BCC approval of UFR requests). The first phase of the contract is expected to be complete no later than January 2006; hiring should be complete by that time as well. B. Successfully implement both the commercial and residential recycling initiatives. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 9.A. Enterprise Content z 3 3 2 2.5 Management/Records Management B. Successfully implement both the commercial and residential recycling initiatives. C. In conjunction with the Collier County School Board, refine the interlocal agreement dealing with the School Board Construction Review Process and develop implementation plans to comply with the mandates for school concurrency as defined in the state Growth Management Bill — SB360. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Co e 9.B. Commercial and Residential Recycling 2 3 3 3 3 Initiatives. C. In conjunction with the Collier County School Board, refine the interlocal agreement dealing with the School Board Construction Review Process and develop implementation plans to comply with the mandates for school concurrency as defined in the state Growth Management Bill — SB360. D. Finish Implementation of Contract Administration Plan Initiatives. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 9.C. Collier County School Board 3 2 3 2.s 3 Coordination D. Finish Implementation of Contract Administration Plan Initiatives. Page 11 of 18 Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 9.D. Implementation of Contract 2 2 3 3 2.5 Administration Plan Initiatives. Page 11 of 18 ngenda !tern NcL. 9G September 26, 2006 Page 14 of 198 E. Guide the implementation of the Operations Management Tracking System (Ops Track) that measures efficiency, productivity and effectiveness. F. Continue to improve the Agency's public affairs & customer relations programs (i.e. on -line, quarterly, external, e-mail newsletter & bi- ennial citizen survey questionnaire). Enhance marketing analysis to support advertising and other promotional efforts by various county departments and market County Government successes to the public. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 9.E. Operations Management Tracking 2 2 3 2.5 2.5 System F. Continue to improve the Agency's public affairs & customer relations programs (i.e. on -line, quarterly, external, e-mail newsletter & bi- ennial citizen survey questionnaire). Enhance marketing analysis to support advertising and other promotional efforts by various county departments and market County Government successes to the public. G. Streamline the recruitment & selection process - A very strong Employee and Labor Relations Manager was hired and one of his goals is to review and improve recruitment. The first step in that process is to hire a generalist to fill a long - standing vacancy, which will allow for one generalist dedicated strictly to recruiting efforts. With this change the recruiting market will be analyzed for all hard -to -fill positions with a goal of increasing the applicant pool by looking in the "right places." To further enhance these efforts, a comprehensive employee relations plan is being developed to enhance work environments, place greater value on human capital, and make Collier County an even more desirable employer. As recruiting hurdles are identified, efforts will be taken to mitigate challenges. One particular area of concentration at this time is high cost of housing in the Collier County area. As well as, guide & monitor implementation of the changes to the employee benefits package. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Colette Halas Coyle 9.F. Agency's Public Affairs & Customer 2 2 3 3 2.5 Relations Programs G. Streamline the recruitment & selection process - A very strong Employee and Labor Relations Manager was hired and one of his goals is to review and improve recruitment. The first step in that process is to hire a generalist to fill a long - standing vacancy, which will allow for one generalist dedicated strictly to recruiting efforts. With this change the recruiting market will be analyzed for all hard -to -fill positions with a goal of increasing the applicant pool by looking in the "right places." To further enhance these efforts, a comprehensive employee relations plan is being developed to enhance work environments, place greater value on human capital, and make Collier County an even more desirable employer. As recruiting hurdles are identified, efforts will be taken to mitigate challenges. One particular area of concentration at this time is high cost of housing in the Collier County area. As well as, guide & monitor implementation of the changes to the employee benefits package. Page 12 of 18 Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 9.G. Streamline the recruitment & selection 2 2 3 3 2.5 process Page 12 of 18 ua Item No. 9J Sepiember 26.. 2006 Page 15 of 198 H. Open On -Site Primary Care Clinic - Funds for this project were approved in the FY05 budget. Risk Management released an RFP in November 2004. Unfortunately, the proposals received were either too costly or unresponsive. All proposals were formally rejected in March 2005 and a revised RFP released in May 2005. Only one response was received, which is currently being analyzed but appears very promising. Improve emergency preparedness planning & response capabilities. a. Continue Emergency Management team development within the community toward building a disaster ready and disaster resistant community. b. Build more teamwork within the fire and emergency services throughout the county and the municipalities. c. Build additional force and supply capability to allow Collier County to become more self - sufficient for disaster response and management. Secure warehouse space for a Logistics Center. d. Continue efforts to close the gap on emergency shelter needs through PUD commitments (facilities or "in lieu of " donations). Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Colette Halas co vie 9.H. On -Site Primary Care Clinic 2 2 3 3 2.5 Improve emergency preparedness planning & response capabilities. a. Continue Emergency Management team development within the community toward building a disaster ready and disaster resistant community. b. Build more teamwork within the fire and emergency services throughout the county and the municipalities. c. Build additional force and supply capability to allow Collier County to become more self - sufficient for disaster response and management. Secure warehouse space for a Logistics Center. d. Continue efforts to close the gap on emergency shelter needs through PUD commitments (facilities or "in lieu of " donations). J. Reach final resolution of the Everglades Airpark. Need the BCC to determine whether to continue pursuing the transfer to Everglades City or remain as part of the Airport Authority. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Co e 9.I. Emergency Preparedness Planning & 3 2 3 3 2 Response Capabilities J. Reach final resolution of the Everglades Airpark. Need the BCC to determine whether to continue pursuing the transfer to Everglades City or remain as part of the Airport Authority. K. Increase the tourist tax revenue by 10% over FY 05. Increase summer hotel occupancy by 3 %. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Colette Halas Coyle 9.3. Final Resolution of the Everglades i 2 3 2.5 2 Airpark K. Increase the tourist tax revenue by 10% over FY 05. Increase summer hotel occupancy by 3 %. Page 13 of 18 Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coietta Halas Coyle 9.K. Tourism 1 2 2 2.5 2 Page 13 of 18 Agenda stern No. 9G September 26, 2006 Page 16 of 196 L. Open the NCRP Water Park and Community Centers with fully trained staff by May 26, 2006. Plan to have a soft opening in late May with a Grand Opening by June 3rd. M. Implement the beach access initiatives to include land purchases, retention of consultants for construction design and permits and develop an inter -local agreement with Rookery Bay by June 30, 2006. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 91. Open the NCRP Water Park 3 2 3 3 3 M. Implement the beach access initiatives to include land purchases, retention of consultants for construction design and permits and develop an inter -local agreement with Rookery Bay by June 30, 2006. N. Develop a comprehensive land use plan for the landfill property, locking it down for our future solid waste management needs. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta "alas Coyle 9.M. Beach Access Initiatives 2 2 3 2 2.5 N. Develop a comprehensive land use plan for the landfill property, locking it down for our future solid waste management needs. 0. Address the Reclaimed Water Master Plan and Policy. Develop a policy to meet the growing demands for customer irrigation water needs. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Colette Halas Coyle 9.N. Comprehensive land Use Plan for the 2 2 3 3 3 Landfill Property 0. Address the Reclaimed Water Master Plan and Policy. Develop a policy to meet the growing demands for customer irrigation water needs. P. Work with the Florida Government Utility Authority and the City of Marco Island to facilitate potential bulk service agreements. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Colette Halas Co vie 9.0. Reclaimed Water Master Plan and 2 2 3 3 3 Policy P. Work with the Florida Government Utility Authority and the City of Marco Island to facilitate potential bulk service agreements. Page 14 of 18 Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 9.P. Facilitate Potential Bulk Service Utility 2 2 3 2 2 Agreements Page 14 of 18 Aaeriue iiern Elie. 9G September 26, 2006 Page 17 of 198 Q. Develop an overall, 20 year capital funding strategy involving cash, commercial paper, bonds, and SRF funding for water and sewer capital projects. R. Implementation of a new automated "caps track" software application that will provide a "dash board" feature for on -demand project status reports. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 9.Q. 20 Year Capital Funding Strategy _ Affordable Housing Impact Fee Deferral 2 2 3 3 2.5 R. Implementation of a new automated "caps track" software application that will provide a "dash board" feature for on -demand project status reports. S. Finalize EAR base GMP amendments and vet through CCPC and BCC for transmittal and adoption. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 9.R. Automated "CAPS Track" Software Affordable Housing Impact Fee Deferral 2 2 3 3 2.5 S. Finalize EAR base GMP amendments and vet through CCPC and BCC for transmittal and adoption. T. Finalize all the required Impact Fee studies -- most notably, the school impact fee study and vet through the Collier County School Board and the BCC. Update Transportation Impact Fees. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 9.S. Finalize EAR Base GMP Amendments Affordable Housing Impact Fee Deferral 1 2 3 2.7 2.5 T. Finalize all the required Impact Fee studies -- most notably, the school impact fee study and vet through the Collier County School Board and the BCC. Update Transportation Impact Fees. U. Implement the County -wide affordable housing impact fee deferral program. Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 9.T. Finalize all the required Impact Fee Affordable Housing Impact Fee Deferral 3 2 3 3 3 studies U. Implement the County -wide affordable housing impact fee deferral program. Page 15 of 18 Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Coletta Halas Coyle 9.U. Implement the County -wide Affordable Housing Impact Fee Deferral 2 2 3 3 2.5 Program Page 15 of 18 Agenda Item No. 9G September 20, 2006 Paoe 18 of 198 V. Develop and Implement a Multi- Family Housing Recycling Strategic Plan. Multi - family housing is a large component of residential housing in Collier County. Recycling opportunities abound in those households provided there is a process and physical location available for multi - family recycling. A strategic plan is needed to identify ways to increase recycling within multi- family housing and to provide the mechanism, political or physical to ensure compliance with recycling initiatives. W. The new Employee Recognition Program will present a multi - faceted approach to recognizing employees, both informally and formally. The program was devised after an employee survey was distributed and an employee committee was formed to make recommendations. GOALS FOR FY 2006 Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Hennina Fiala Coletta Halas Coyle 9.V. Multi - Family Housing Recycling 2 2 3 3 2.5 Strategic Plan W. The new Employee Recognition Program will present a multi - faceted approach to recognizing employees, both informally and formally. The program was devised after an employee survey was distributed and an employee committee was formed to make recommendations. GOALS FOR FY 2006 Comm. Henning Comm. Fiala Comm. Coletta Comm. Halas Comm. Coyle 9.W. Employee Recognition Program 2 2 3 3 3 X. Stabilize and increase the professionalism of the PSD . All open Public Services Division Director positions have been filed. All selected bring decades of professional experience. Y. Adopt the 2030 Long -Range Transportation Plan (LRTP). Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala coletta Halas Coyle 9.X. Professionalism of the PSD 2 2 2 2 2.5 Y. Adopt the 2030 Long -Range Transportation Plan (LRTP). Page 16 of 18 Comm. Comm. Comm. Comm. Comm. GOALS FOR FY 2006 Henning Fiala Colette Halas Coyle 9.Y. 2030 Long -Range Transportation Plan 2 2 3 3 2.5 Page 16 of 18 Agenaa Item No. 9G September 26. 2006 Page 19 of 198 Final Comm. Henning Comm. Fiala Comm. Coletta Comm. Halas Comm. Co le Meets Exceeds Standard Improvement Expectations Expectations Communication; Leadership; Personnel, Growth, Capital Project, and Financial Management Average Grade 40% 1.9 2.16 2.89 2.61 2.79 1.67 -2.33 2.34 -3.00 Goals for FY2006 Grade 60% 2.0 2.11 2.94 2.8 2.57 Average Grade /Commissioner 1 1.96 2.13 2.93 2.72 1 2.66 Overall Average Grade 2.48 Final Needs Meets Exceeds Standard Improvement Expectations Expectations Rating 1.00 -1.66 1.67 -2.33 2.34 -3.00 From the County Manager's Contract: Section 7: Salary ........Such annual performance based merit adjustment shall not exceed a maximum of ten percent (10 %) of the Employee's annual base salary. The minimum increase for satisfactory performance under such performance based merit system will equal the average percentage salary adjustment provided to all County employees for the given fiscal year or three percent (3 %) whichever is greater. All such merit adjustments shall be included in the Employee's base salary. Page 17 of 18 Agenda Item No. 9G September 26, 2006 Page 20 of 198 Concluding Remarks: This has been an exceptionally challenging, and I believe, a very successful year. We have pushed this organization harder than I thought possible and they have responded magnificently. But this has not happened without cost — I look around and see a staff that is pretty tired. We need a year without a major emergency situation to recharge those staff batteries. While that is transpiring, we still need to continue to review and correct some of our business processes, workflows, project planning and organizations. In addition, we have a Y-M aggressive agenda of new work ahead of us for the next 12 months. While there are always things in retrospect that could have been done better, I would consider this to have been one of the most successful years in this government's history. A community recovered from a major hurricane in record time; a major beach renourishment conducted with `no rocks'; no water shortages or sewer mishaps; roads getting built, slowly I know, but getting built; Opening new County buildings, parking decks, and parks. I hope that as you graded and reviewed my performance over this year, that you would agree — a very, very successful year. Commissioner's Comments: Commissioners Suggestions for Improvement: Prepared by: Page 18 of 18 `.ate, Ga Item No. 9G September 26. 2006 Paae 21 of 198 MEMORANDUM DATE: September 20, 2006 TO: Jim Mudd, County Manager FROM: Tom Henning Commissioner, District 3 SUBJECT: Performance Evaluation Below please find my comments regarding your performance evaluation for 06/07: C -1 On 08/21/06 I sent an email to you, to be forwarded to Randy Cohen, Comprehensive Planning Director, requesting information on the County's Watershed Management Plan. To date, I have not received a response. C -3 Recently you wrote a commentary for the Collier Citizen; I found the letter to be more of a retaliation effort than information for to the public. In my opinion, there was little factual information included in your article. L -2 I find the Parks and Recreation Department's Executive Summaries too cumbersome to read or interpret; I trust, and hope, that will change with the appointment of the new Director. CP -3 Change Orders on capital projects are, in my opinion, out of control. This matter needs to be dealt with in order to deliver timely projects and in a fiscally responsible manner. I strongly suggest we emphasize accountability on the design engineers and contractors; if the contracts are not currently written to hold these folks accountable, they need to be re- written. As far as Capital Road Projects, I have not seen one that is coming along on -time; I refer to Immokalee Road, Phase I, from I -75 to US41 and also Vanderbilt Beach Road, Phase I, Agenda Iten, No. 93 8epfe;nbes 26, 2006 Page 22 of 198 from Airport- Pulling Road to CR951. Both of these projects are late; however, we continue to start new transportation projects. The comments I hear from constituents are that they would like to see more projects actually finished (in a timely manner) before new projects are started. Tom Henning Commissioner, Dis 63 TH:mst attachment �gerida !tern No. 9G September 26, 2006 Paae 23 of 193 Concluding Remarks: This has been an exceptionally challenging, and I believe, a very 4 successful year. We have pushed this organization harder than I thought possible and they have responded magnificently. But this has not happened without cost — I look around and see a staff that is pretty tired. We need a year without a major emergency situation to recharge those staff batteries. While that is transpiring, we still need to continue to review and correct some of our business processes, workflows, project planning and organizations. In addition, we have a yM aggressive agenda of new work ahead of us for the next 12 months. 41 While there are always things in retrospect that could have been done better, I would consider this to have been one of the most successful years in this government's history. A community recovered from a major hurricane in record time; a major beach renourishment conducted with `no rocks'; no water shortages or sewer mishaps; roads getting built, slowly I know, but getting built; Opening new County buildings, parking decks, and parks. I hope that as you graded and reviewed my performance over this year, that you would agree — a very, very successful year. Commissioners Suggestions for Improvement: Prepared by: Page 48 of 48 � e-� i _,41 Agenda item No. 9G September 26, 2006 Page 24 of 198 Concluding Remarks: This has been an exceptionally challenging, and I believe, a very successful year. We have pushed this organization harder than I thought possible and they have responded magnificently. But this has not happened without cost — I look around and see a staff that is pretty tired. We need a year without a major emergency situation to recharge those staff batteries. While that is transpiring, we still need to continue to review and correct some of our business processes, workflows, project planning and organizations. In addition, we have a v_yr aggressive agenda of new work ahead of us for the next 12 months. While there are always things in retrospect that could have been done better, I would consider this to have been one of the most successful years in this government's history. A community recovered from a major hurricane in record time; a major beach renourishment conducted with `no rocks'; no water shortages or sewer mishaps; roads getting built, slowly I know, but getting built; Opening new County buildings, parking decks, and parks. I hope that as you graded and reviewed my performance over this year, that you would agree — a very, very successful year. Commissioners Suggestions for Improvement: Prepared by: Page 48 of 48 Agenda item No. 9G September 26. 2060 Paae 25 of 198 Addendum re: P 1 and G2: We continue to lose good employees to the private sector and nothing seems to be done to stop the exodus. Token raises are not going to solve the problem. Long term contracts or written agreements with new employees with large housing or other incentives to remain in county employment should be the "flavor of the day ". With 270 vacancies a large percentage of which are in CDES, I have extreme concern that quantity and not quality has become "Job P. With 44,000 permits and less personnel than previous years, it is inevitable that important details will be overlooked. With each building inspector being assigned daily up to 34 inspections, instead of a more reasonable 20 -25, thorough on -site inspection becomes impossible. There simply isn't time for them to adequately evaluate framing of a large home, for example, or sewer line connections, plumbing, roofing, electrical, etc. Most of all there cannot be sufficient time to do a thorough check of new construction, siting of homes, and setback verification. Given our continued problems with compliance, particularly post - construction, it is obvious that things are falling through the cracks. Creative thinking and a solid correction plan is needed in this area. Action should be immediate. Agenda Item � No. 9G September ?6, 2006 Page 26 of 198 JIM MUDD C.1 AIMS is a significantly improved system, but staff responses to the public C.3 are not adequately responsive and timely. Sometimes staff "closes out" AIMS issues without adequate resolutions. L.2 Much improvement has been made but there continues to be evidence of inadequate reviews which result in errors and confusing information. G.1 From a workload standpoint, the staff has done an excellent job with the many LDC and GMP revisions; however, staff has not been as proactive as I would like in helping Commissioners implement growth management techniques supported by the majority of Commissioners. There seems to be greater emphasis by staff on getting higher fee revenue from developers than in implementing tougher growth management rules. G.2 and I continue to be confused by the reporting methods of CDES; -. 20062. consequently I am uncertain if any improvements are the result of changes in reporting or real progress. CP.2 More regular updates in BCC meetings by Project Managers would be 20068. beneficial to the BCC and public. CP. 3 Progress has been good, but staff is not sufficiently conservative on budget projections and schedules in view of rapidly escalating costs and a declining number of builders. 2006 -3. Accuracy and consistency in IT customer support (particularly to the BCC) needs to be improved. ngerio`a Derr No. 9G September 26, 2066 Page 27 of 198 Page 2 2006 -4. Accurate, rigorous and constructive performance reviews are essential to building bench strength. I believe we have an excellent senior staff but there is evidence that some hesitate to establish and demand adherence to high performance standards. 2006 Good lobbying activities and information dissemination; however, 5, 6 and 7 assistance and follow -up by staff needs improvement concerning specific actions to take. 91 Good planning and excellent execution. Failure to meet EMS standards and retain trained staff keep this from being rated more highly. Commissioner Fred Coyle, istrict 4 E 40 Aoenda lien, ` +.vo. 9._, SeDtem per 26. 2006 Pacae 28 of 198 µ f.. L, "J Memorandum To: Board-Qf County Commissioners From: Wnageµr" Date: September 7, 2006 Subject: FY -06 Self Appraisal Attached you will find my Self Appraisal for FY -06. It was a very busy year that started with Hurricane Wilma and never slowed down because of it. For most of the year the Manager and Staff have been performing double duty, trying to successfully do our regular duties while restoring the County from Wilma's aftermath. It was an extremely challenging time and I believe that I, along with my staff, have met those challenges head on and have been quite successful. It was an extraordinary year where the minor miscues if any seem miniscule in the context of the sheer volume and magnitude of this year's accomplishments. Please return your graded packets to me by September 18, so that I may consolidate the grades for presentation at the September 26, 2006 Board of County Commissioners meeting. If you would like to talk to me about this annual rating, please call my office to schedule a time for us to meet. Thank you for a great year. Office of the County Manager cienda Item, Pic. 9G4 September 26, 20C) Wage 29 01 198 The County Manager is tasked with carrying out the policy direction provided by the Board of County Commissioners. He is by ordinance to provide leadership for the day - to -day operations of the employees of the Board of County Commissioners. The following Action Plan is developed in an effort to provide clear expectations for the County Manager for the period from August 2005 through September 2006. The Action plan is based on the broad areas generally expected to be performed by the Executive Officer, including: communications, leadership, organizational direction, financial oversight, personnel, growth and capital project management. This part of the action plan represents 40% of the annual evaluation weight. Each Goal for the FY will also be evaluated and will represent the remaining 60% of the annual evaluation weight. These areas are further categorized as to their pertinence and support of the FY 07 Strategic Focus Areas (SFA) and their Goals for Collier County that are enumerated below: It is Collier Countys Vision - To Strive to be the Best Community in America to Live, Work, and Play. From this Vision flows the statement of our Countys Mission - To Deliver High Quality, Best -Value Public Services, Programs, and Facilities to Our Residents and W-sitors. The County Mission will be accomplished by dedicating its resources and efforts to the following Strategic Focus Areas (SFA) with their corresponding goals. SFA. 1. Neighborhood Preservation & Enhancement - To preserve and enhance the safety, quality, value, character, and heritage of our neighborhoods, communities and region. SFA. 2. Growth Management - To responsibly manage community growth, development and redevelopment, while enhancing the natural environment. SFA. 3. Community Health and Human Services - To Improve the quality of life and promote personal self - reliance and independence through improved access to community health care and human services for those most in need. SFA. 4 Mobility - To provide for the various mobility needs of the community and the region while respecting and enhancing the character of the diverse neighborhoods. SFA. S. Economic Development - To help create a business climate that promotes a diversified, growing economy consistent with the established growth management plans and community desires SFA. 6. Local Governance - To sustain public trust & confidence in County government through sound public policy decisions, expert professional management and active citizen participation. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Manager's performance by rating each of the following performance objectives on a 1 to 3 scale. Individual evaluations will be totaled and averaged to determine the Board's collective position. Page 1 of 47 oan -'a Item h� o. 9G September 26. 2006 Page 30 of 198 Below are the standards for scoring the self - appraisal. These should help you decide on how to grade each of the areas on my KRA /appraisal form. 1 . Some improvements and /or early good performance levels in a Below few areas Standards . Results not reported for many to most areas of importance to the organization's key business requirements Improvement trends and/or good performance levels reported for most areas of importance to the organization's key business requirements 2 . No pattern of adverse trends and no poor performance levels in Meets areas of importance to the organization's key business Standards requirements Some trends and/or current performance levels - evaluated against relevant comparisons and/or benchmarks - show areas of - strength and /or good to very good relative performance levels Business results address most key customer, market, and process requirements Current performance is excellent in most areas of importance to the organization's key business requirements 3 . Excellent improvement trends and /or sustained excellent Exceeds performance levels in most areas Standards . Evidence of industry and benchmark leadership demonstrated in many areas Business results fully address key customer, market, process, and action plan requirements Final Needs Meets Exceeds Standard Improvement Expectations Expectations Ratinq 1.00 -1.66 1.67 -2.33 2.34 -3.00 Page 2 of 47 AgenUG iiern No. 9G September 26, 2006 Page 33 of 198 This has been truly an extraordinary and phenomenal year for myself and for the County Staff. It started off with what we considered the end of an active Hurricane season and we were poised for the return of the snow birds when in the early morning hours of Oct. 24, 2005 Hurricane Wilma struck Collier County, ending our 45- year run of good fortune in avoiding hurricanes. The Category 3 storm made landfall at Cape Romano about 20 miles south of Naples and packed winds in excess of 120 mph. The Community was prepared and so was the County staff. We did a sterling job, preparing for, reacting to and recovering from this terrible storm. The staff had the streets cleaned by 23 December, 2005, and collected over 900,000 cubic yards of debris that was processed and disposed of in approximately ten weeks, record time. The cost of this unscheduled activity was $35 million, however through due diligence and great teamwork by staff and our contractors, all accounting and data gathering was processed and forwarded to FEMA by May of this year, resulting in a final cost to the county of only $3,200,000. We had a successful audit by the Office of the Inspector General of Homeland Security and we were the first county to receive full reimbursement from FEMA. Furthermore, in our initiative and due diligence to seek full storm related cost recovery to the maximum extent available from all federal and state resources, we sought and received over $375,000 in Coast Guard Spill Response Funds to offset General Funds costs incurred during the hurricane. Through it all, Utilities staff was instrumental in keeping water and wastewater systems operational during widespread electrical outages and well as aiding the City of Naples in the restoration of their water and sewer systems. More than half of Collier County government employees (1,038) from all divisions were involved in the preparation and recovery efforts of Hurricane Wilma. The Administrative Services Division's staff coordinated the county's Information Center hotline. Over a two -week period, staff accepted 35,000 calls, provided invaluable Spanish- speaking volunteers to help translate emergency messages to the local media as well as assisted with health and safety messages. Additionally, they provided 24 -hour Information Technology support to ensure that county telecommunications were fully operational. The Communication and Customer Relations Department in conjunction with Emergency Management conducted or coordinated dozens of television, radio and newspaper interviews, and posted nearly 200 news releases to the county Web site. All Board of County Commissioners emergency hurricane meetings were broadcast live and replayed on Collier County government television. Updated hurricane information and special reports were continuously announced on the government access channel. The department worked closely with several national and local TV and radio stations to provide updates regarding evacuations, shelter openings and other critical information. Staff also coordinated press conferences for Gov. Jeb Bush, Sen. Mel Martinez, City of Naples officials and local government officials. The Community Development and Environmental Services Division's building inspectors and code enforcement officers canvassed the county to conduct damage assessment inspections and provide residents with building permit Page 3 of 47 :gen a 1ter, E-tio. 9 G September 26, 2006 Page 32 of 198 information. Staff streamlined the recovery by adjusting the permitting process and aided in meeting FEMA's needs to provide temporary housing throughout the county where homes were damaged beyond repair. The Public Services Division's staff assisted in the distribution of ice and water throughout the county, and their facilities served as disaster relief centers in the aftermath of Hurricane Wilma. Both the Human Services and the Health departments worked together to assist Special Needs Persons to ensure they received proper medical care during and after the storm. The Transportation Division offered free Collier Area Transit bus service for evacuees. CAT buses and school buses traveled to various places throughout the county that were not on current CAT routes, including Everglades City and Immokalee. Additionally, Road Maintenance Department crews cleared debris and downed trees from roadways, restored nearly 300 traffic signals, replaced almost 1,000 signs, and facilitated canal cleanup that is still ongoing. The direct hit from Hurricane Wilma identified several weaknesses and resulted in many unexpected events. Over 900 work orders were generated to repair County Buildings, millions of dollars in insurance claims had to be paid, backup generators and communications systems failed, and emergency provisions were required for an extended period of time. No one could have estimated the amount of time and effort that would be required during the recovery phase and the processes that would be necessary for proper and accurate record keeping. During this fiscal year, we made a significant investment in time to effect repairs, plan for redundancy and resilience in our systems, establish processes and procedures for accurate and timely reporting, record keeping, and payment processes and improved our ability to provide information to the public at large. And the best indicators of how well we did as a County Government - Congressman Connie Mack relayed to President Bush that Collier County is a model county when it comes to hurricane preparedness and response. Governor Jeb Bush offered similar praise. Sen. Mel Martinez is quoted as saying "The State of Florida needs to learn from Collier County and the country from the State of Florida ". Those compliments are due to the hard work of each county employee who performed in an exceptional and professional manner during this crisis and the exemplary leadership that guided them. As you can see, Hurricane Wilma stretched county resources, but I am extremely proud of our preparation and response. And now let's see what we accomplished in the rest of our free time ............... Page 4 of 47 0 E g luc l enrll N "o. 9V Se tein�Der 26, 2306 Paae 33 of 198 The following area of Communications supports the Strategic Focus Area 6 - Local Governance - To sustain public trust & confidence in County government through sound public policy decisions, expert professional management and active citizen participation. Page 5 of 47 Below i Meets Exceeds ` COMMUNICATIONS Standards Standards Standards CA (Internal) The County Manager will be ! � expected to provide the BCC with timely and accurate responses to requests for information, as well as, coordinating drafts for plans, fees and controversial ordinances with the BCC members before the information goes public. Response: rear,, s Cou-i)i Commissior,cr has been provided direct access to each division via email, and one -on -one agendas have been maintained with each Commissioner through their meetings with the County Manager to track on -going issues, and the E Microsoft Task system has been used to track turn - around issues. The deployed Agency ` Issues Management System (AIMS) has helped the staff better track turn - around correspondence throughout the agency. Insisted on a five working day turn around rule with Divisions. Fr),- F r'06, v,.,e I-iave u `✓'` c` /,-, success rate in_this re+-,ard_ Continue to hold administrators accountable. Have seen an immense change on timeliness of responses to the Commissioners and to the public. Staff has greatly improved at providing Commissioners with pre- briefs on controversial issues. i � I Below Meets Exceeds COMMUNICATIONS Standards Standards Standards ' 1 2 3 , C.2 (External) The County Manager will be expected to provide information to the public through a minimum of one speaking engagement per month on average, as well as, developing new means to provide information to the public regarding County information. P`sp.>nse. The man ager has sp ken at 32 engagements during the year, set up 3 Commissioner District Town Hall meetings, taped 7 County Manager `Inside Stott'' ,meekly TV programs and is a regular columnist in the North Naples, Marco Eagle and the Pelican Bay 3ournais, a total of 34 -IV, Radio and Newspaper pieces (See listing at Tab 1). Continued to rejuvenate the government TV station programming, as well as the Collier County Government Annual Report, which is also published in the NDN. Used the 1u, ;t1+ I'/ i !_! I `' v l'y+ J g ' l i`'a,T! iii;n +.?t)t :o .�i utDIlc , rt�rn C oU :V Highlights to Hurricane preparedness). Distributed, bi- monthly, an ext -ornal County newsletter distributed to over 1000 homeowner and civic associations, business groups, and individuals. Many of the HOAs send the newsletter along to their members which means circulation is well into the thousands. Initiated a PUD Quarterly to get relevant information to exi ting de eiopments :I- irroughc t collier County. 1 his Ouarter ly publication in concert with our PUD monitoring public information outreach program received the 2006 Sustainable Florida Promising Practice Award. In addition, other C'n!,nhr PiHir i)ijfrearh efforts have received numerous `i- Page 5 of 47 0 A ie-ida htemNc. 9G September 26; 2006 Page 34 of 198 National Association of Counties (NACo) _- Achievement Award for Happy Tails Advertising Federation of Southwest Florida - Gold Addy Award (first place) for the 2004 annual report. Florida Government Communicators Association (FGCA) - First Place — Community Relations — WW II Capture Living History .fudges' Award — WW II Capture Living History (The Judges' Award is a special recognition award for outstanding achievement. We received the only one awarded this year in any of the 20 categories) Second Place — Public Information — Happy Tails First Place — Video Series — Happy Tails Third Place — Video Occasional — The Landfill Show Communicator Awards - Award of Distinction — Community Awareness Program — k(\ANfil Capture Living History Honorable Mention — Communication Awareness Program — "Around Your Community" e-newsletter Nonprofit PR Awards (Pubi.ic Relations Society of America) First Place — PR on a Shoestring — Happy Tails Below meets Exceeds COMMUNICATIONS Standards Standards Standards 2 3 C.3 (External) The County Manager will be expected to ensure that the organization has systems in place to ensure that the general public is responded to in a timely and accurate manner. Also, improve Public Relations by providing more understandable and complete information to the public. Response: The Manager's and the BCC exec office system for tracking internal an external correspondence is the Agency issues Management System (AIMS). We have used this system to track all correspondence throughout the agency. AIMS has not only brought efficiencies to the BCC and Manager's offices but it has eliminated a whole host of redundant log tracking processes at every level of the Manager's organization. A quarterly AIMS report makes sure nothing gets dropped. Insisted on a five working day turn around rule with Divisions. Held administrators accountable. There is an immense change on timeliness of responses to the Commissioners and to the public. FY06 saw 817 AIMS items; again we are achieving a 95% response rate and able to close out 850/0 of the issues within the five days. Plus we have instituted several layers of staff review before an answer is provided to the public to insure an accurate information response. The Communications and Customer Relations dept. matrix organizational structure continues to be extremely successful in making sure that the County's position/action also gets out. I also believe that the Manager's Office has been very aggressive in this regard. The County TV Station is immensely better in format, content, and appearance then it has been in past years and we have started to again broadcast on Collier TV commissioner-hosted programs. Two have been produced and aired so far: Comm. Fiala — Stormwater and Transportation projects in District 1 and Comm. Halas — North Collier Regional Park. Page 6 of 47 0 iOjenldla itei1 -, iv 9G S2:Dteanber G6. 2006 F'age 35 of 198 The following area of Leadership /Organizational Direction supports the Strategic Focus Area 6 - Local Governance — To sustain public trust & confidence in County government through sound public policy decisions, expert professional management and active citizen participation. Page 7 of 47 LEADERSHIP / Below standards Meets standards Exceeds standards ORGANIZATIONAL DIRECTION 1 I 2 I 3 LA The County Manager will ensure that there is a i clear direction that is communicated throughout the organization. Response: Developed in conjunction with the entire staff a new County Strategic Flan which the BCC was briefed on during our ✓,workshop in Feb. 96. Then coordinated it with 29 County Stakeholder Groups. Am vertically aligning the organization processes against the Strategic Focus Areas (SFA) approved by the BCC on May 9, 2006. These SFAs are enumerated on page 1 of this report. Stratifying every employee's KRAs against these Strategic Areas. The Divisions' and Separate Departments' 5-year business plans are being completely aligned with the new County Strategic Plan. Used the chain of command to push and pull information throughout the organization and held the Chain of Command , accountable to do it correctly. Used the automated tasking system to keep track of time sensitive information requirements. Continued to use the County ".Journal" _r pioyee news! Uer to disseminat e Information In a paprerlesS environment. "Round tables" within each division still provide an opportunity for l employees and managers to regularly discuss issues. Sent numerous direct messages from the County Manager to all employees i.e. E- mails, County Manager column in the Journal and video taped messages on safety, along with direct mailings to all employees regarding health benefits. Again, concentrated on making the chain of command responsible and accountable for getting the word out. Division and Department newsletters have been developed. Talked with employees at each orientation session and at each appreciation breakfast, as well as, with every employee at 11 sessions on increased benefits (Specifics at 1 Tab 2). Because the County Attorney and the Clerk of Courts are an integral part of an effective functioning County Manager's organization both aftend and nary �ciQa e- in 311 the County Manti aer staff meetings. Formalized meetings with all C t tsrttutic -nal Officers c 'I s have b eln nenid when needed. Have tried to use more � ref =�rn.ai i ^'�id t;? ni- ,etinos throughout the year. This is an area where we continue -) r -sake h!uce progress. The interchange between all agencies is Superb,. Contitsue ,. :nsiv !,E coo- dinate with the School Superintendent; ^,irpc: �. CPS., aid c[ C Direciors; P is rc- and Maples City Managers; Mayor of Everglades Ci`y, FiDEP and SF`'V[ --1D staff; the Chamber of Commerce and CBIA Directors; and cithe:r Florida County Managers. Hosted the SW Florida Consortiunn Day in Tallahassee, and the FAC 2006 annual Conference on Marco Island. Page 7 of 47 0 E :r�aencia Ise rn No. 9G September 26, 2006 Page 36 of 198 The following area of Personnel Management supports the Strategic Focus Area 6 - Local Governance — To sustain public trust & confidence in County government through sound public policy decisions, expert professional management and active citizen participation. Page 8 of 47 LEADERSHIP/ Below Standards Meets Standards Exceeds i Standards ORGANIZATIONAL DIRECTION _ 1 2 3 L.2 The County Manager will ensure that all executive summary reports provided to the Board j have specific and clear recommendations. ! Response: Continued a revised executive summary review process whereby the OMB and Clerk of Courts review for financial accuracy, the County Attorney reviews for legal sufficiency, and the Deputy County Manager reviews as well as a separate review by the County Manager. Made modifications to the Executive Summary format to include a section on Legal Review /Consideration. All agendas are previewed and critiqued in full at Division Staff meeting prior to going to print, including potential legal issues with the attending County Attorney. The implemented electronic agenda system has reinforced reviews at every level of the organization. Plans are underway to upgrade this system in the Summer of 2607. The entire electronic agenda is on the county webpage at least four days prior to each meeting. LEADERSHIP/ Below I Meets Standards ! Standards Exceeds Standards ORGANIZATIONAL DIRECTION 1 1 2 3 L.3 The County Manager will provide opportunities for the Board of County Commissioners to discuss and set proactive policy direction on key community issues. Response: A thorough set of 39 workshops and District town halls were developed to provide an opportunity to discuss in depth the major issues facing the government, the organization and the County. A strategic planning session was included as part of the workshop series. Each of these has provided the BCC with significantly improved opportunity to provide policy level direction. (See List of workshops at Tab 3). The BCC's involvement with the State and Federal issues has also significantly increased this year with the selection of both our lobbyists and the setting of your legislative priorities at each level of Government. The following area of Personnel Management supports the Strategic Focus Area 6 - Local Governance — To sustain public trust & confidence in County government through sound public policy decisions, expert professional management and active citizen participation. Page 8 of 47 L_J CJ 11 geri -a l ei -, No. 9 SE.,p'Le'rn5E,, 26, 2006 Pag-= 37 mi 198 Page 9 of 47 Selowf Meets Exceeds PERSONNEL [ ANAGE E T Standards standards standards z 3 PA The County Manager will ensure that the County � follows the Board's established policies for the hiring and management of its emDlovees. Response: The County Manager's Office serves as the final appeal step in the grievance process assuring adherence to Board approved policies and procedures. Training classes have been created for hiring in order to ensure that those employees interviewing understand federal law & County Policy relating to the hiring process. Continued to institutionalize the recommendations from the '03 ethics audit, the County Ethics Ordinance and the Manager's Policy into every employee. Employee turnover rate is 16.66 (up from 13.711/o in '05 and from 11% in '04); 320 employees left County service -during this ~fear and had Dver 270 vacancies rrlof rt`lly, a vacancy rate of 14.05c1,101 almost double ,%%hat it teas in '05, 7.3`x,. and over triple what it was in '04, 4.7 %. It's getting trtremely hard to retain -;-nd attract qualified employees. The nigh cost of living and housing in the area is adversely affecting recruitment. We have hired a very strong Employee and Labor Relations Manage,, tivrhas= primary goal is to improve recruitment. During the year have taken aggressive action to improve benefits witx break g t-he County budget; this has turned down the exodus of existing employees but it has not sionificantly improved our vacancy posture. Melow. Meets Exceeds � PERSONNEL MANAGEMENT Standards Standards Standards , �l 1 2 i 3 P.2 The County Manager will provide to the Board an i annual pay plan as part of the budget that will provide for an organized means for salary e administration. ^.expo: s ,: i ne --pay plan was revised for FY06. We continue to have a good pay plan; over 52% (down from 5411/o in '05, 66% in '04, in '03, the direst result of the -720% ine'w p!an) of i.l e e-,m ;,)loyees in ---hrf �i..:.� . r,4� r rria ke ti,va.yesi s�a:aries that are below the m:-t point in their pay range. This is a much - improved statistic. On July 25'" ZCuOF, ti. -a BCC approved that Ff07 pay ranges will be 10% above median market data. This action could cause this improving trend to retreat a bit in FYN. The highlights of our plan - If an employee is at their maximum salary point in the ranee, they will rfet get a COLA increase to their salary (changed by the BCC, Oct. '05). Merit will be computed on the market point of the salary range. If the salary is below market point in a range this will move the employee to the market point faster. if the salary is above the market point this will have an opposite effect, a gradual slow down to some extent. If an employee is above their market point by 10 percent, they will not receive merit in their salary - It will be awarded to them as a lump sure payment. Directors and Administrators will l receive a lump sum merit payment. This lump sum program saved the County about S370K in IFY05, s607K in FY06 and it will have a compounding effect in following budget veDrs. pa,t fans o,ere provides oa, -h-- EECC for approval in 3ept'Oct 05 and Ivill be agvin in Sept 06. i rt."lu oily. the C-ounty su .%(_ys t-he marl e ='?d dius`tS Pay picils accordingly. The County's pay plan is a good one and I v,,ould x, ": r that ir" the labor market d ynamics change then the only adjustments to the plan would to be to reinstitute the COLS, cap and modiN, the merit/bonus-payment rule s. Page 9 of 47 0 0 3) Aaen�a Item, Igo. 9G ,S�Ptembe,-,, 26, 2006 Page 38 of 198 The following area of Growth Management supports Strategic Focus Areas SFA. I. Neighborhood Preservation & Enhancement - To preserve and enhance the safety, quality, value, character, and heritage of our neighborhoods, communities and region; SFA. 2. Growth Management -To responsibly manage community growth, development and redevelopment, while enhancing the natural environment, and SFA. 5. Economic Development - To help create a business climate that promotes a diversified, growing economy consistent with the established growth management plans and community desires. SeIDW Meets I Exceeds GROWTH MANAGEMENT Standards Standards I Standards G.1 County Manager will supervise the revision; reorganization; update of outdated and obsolete provisions of the Land Development Code (LDC). The BCC will provide guidance to the staff to these ends. Response: Conducted 4 Land Development Code Cycles in 2005 and 1 Land Development Code Cycle in 2006 + 1 special cycle for 2006. Processed approximately 175 amendments in 2005 and approximately 50 in 2006. Conducted 12 BCC Workshops where BCC guidance to staff was made: 1. PUD Monitoring Workshop #5 - Sept 20, 2005 2, BCC "Gap" Affordable Housing" - December 9, 2005 3. BCC AUIR Special Meeting/Workshop - January 25, and 4. BCC AUIR Special Meeting/Workshop - February 6, 2006 5. BCC/City of Naples Joint Workshop on FEMA FIRM 'initiative - March 7, 2.006 6. BCC Floodplain Management & TDRs Workshop - March 20, 2006 7. BCC/School Board Joint Meeting - April 12, 2006 8. BCC Immokalee Workshop - April 13, 20006 9. BCC EAR-Based GMP Amendments Special Meeting - April 18, and 10. BCC EAR-Based Gl,1P Amendments Special Meeting - May 16, 2006 11. BCC "East of 951" Horizon Study Special Meeting - May 24, 2006 12, PUD Monitoring Workshop #6 - June 13, 2006 Wc,rking on ccirnpleating LDC amendiments that v,,ill in",,plernent the EAR amendments, to include revised conse�rvatJon easement requirements, EIS thresholds, off -site vegetation retention alternatives, and a deviation proce,s for modifying GMP/1LDC requirements. The EAR Based Amendments are set for final ado ' ption set for 3anuarV 2 2007 by the BCC. The ORC was received from DCA in July, 2006 and is subject to subsequent review I- �)r tO t-)CC _-adcyp�_Jcn hearing. 'Staff will continue m work I-) �he EAC and �-_CPI pric 1- , , toward approval/compliance during the next C�,Scal year. Page 10 of 47 0 �J i enoa (iem No. 9v ` ept-eirbe� 216, 2006 Page 39 01 198 Below I Meets Exceeds GROWTH MANAGEMENT standards I Standards i standards 1 2 3 f G.2 County Manager will implement measures to improve customer service as outlined in the CDES 8 Step Improvement Plan. Expected outcome is to get permits and development review items back to the public within established standards. Response: Continued to provide building revie•�.v and Permitting and Zoning and land use petition services for the county by servicing apnroximat:ely 5500 fend use activities this past year and the processing of what we estimate will be approximately 44,000 permitted activities for FY06 (176 permits /daft) while at the same time servicing the needs of and issues raised by the Board of County Commissioners, Collier County Planning Commission and the staff. Based on current projections the Department vJll process 48% more permit applications than tojo ve-a is:, prior; an increase from 29,701 permits (119 permits /day) to the 44,000 perrnits for this FY (See Tab 4). Conducted 7 "permitting and process improvement" Industry Workshops: • introduction to the New Building Code — Septei -nber 4, 2005 • Site Development Permitting Process — Sapternber 22, 2005 • Permitting 101 Workshop — October 11, 2005 • Development and Construction Industry Roundtable — March 23, 2006 • Permitting Workshop Submittals and Pesubmittals —April 201, 200-3 • Permitting Wori :shop Submittals a:-,d P.-_submi ta!s — l',1ay 12, 2006 • Permitting `JVorksho—Process Intake Tea = -) — 3une 28, 2006 Issued close to one hundred lefters of authorization for early work start and foundation permits. These letters have allowed the ind€:S, —y to break ground and start wort: without undue delays that negatively af:-,zct their business. These include twr�.'o major proieCL -S %,,,ithin the County, Ave Maria University and the Collier Regional Medical Center; these critical Projects will have an enormous impact on Collier County's future. Continued with Process Improvement Initiatives to improve processing and efficiency of Land Use and Site Plan applications — Implemented "S-step'; action plan to improve customer service and implemented land use "Intake Tea; 'n" program to include the updating of all assoc;ated application check lists. Irnpler,e nt thrE�e ^roCess im;Drov ,m- ?nts vJtl-in the Environmental Review section and _ VO c rag �aticaily~M Apr :D ed our revie,v time, and on -time performance statistics. Sus' a :fined U ,rear,-;. ti ; t t :'? on-tir`: :? review rate over the past 5 months with a 99% on i.r i i a� iJrJ'-h - I`"onth o 3t!r' e. VVe t av� 2 identified many additional process ifTIDVOV'i'M nt stP_�s; i- Ocrar;s iiic-7t art, cLt;'r-ently being implemented within the dep ar`,rne iit. T h"is k`• S CDES' ma ri, reason ficr not getting plan reviews done within the "andisT.0 3Iii r�-'.'`'c "?'a ?":' `� "r_ir d_ ls) r�irilt .S,_ep Action r'lar, `. ) ii? prr;', e Custc3n r Service within the Community Development and C_'nvir onrnental Ser vir,- s Div sic 1. Conducted Zoning and Land Development Review and Building Review and Permitting "101." The session was designed to review many of the problems and pitfalls we encounter during the review process, problems that all too often result in a rejection, with the intent to review, in detail, tricks of the trade to meet sufficiency. Page 11 of 47 e &I Agenda Item loo. 9G September 26, 2006 Page 40 of 198 review and to provide submittal checklists that will identify all the review components of plan submittals. STATUS: Completed. Approximately 120 engineering and planning professionals from the development and construction industry attended the session. Reviews were positive. 2. Develop a "Customer- Friendly" Lobby. Includes — a. Uniform CDES schedule for accommodating walk -ins desiring to meet with staff other than lobby personnel. b. Upgrading the permit application and reception area and the creation of special permit kiosk area for the "owner- builder" applicant in an effort to provide a "user - friendly" application processing area for the owner - builder applicant to more easily navigate through the building review and permitting process. STATUS: Architect hired and currently working on a design. Needed "capital improvement" funds identified and moved into capital improvement account. 3. Redefine the EDC "Fast Track" Program. As a follow -up to the recent survey of the EDC "Fast Track" permitting and review program within the Community Development and Environmental Services Division of Collier County, conducted by University Research Consultants, Inc., CDES established a dedicated "EDC and Affordable Housing Fast Track" Special Project Manager /Principal Planner whose only responsibility is the EDC and BCC approved Affordable Housing land use petitions and associated permit requests. The primary focus of the Fast Track Project Manager /Principal Planner is to improve the working relationships and communication between all partners, adherence to project schedules, earlier problem identification and resolution, and the ability to work through any intemal CDES barriers to project completion. STATUS: Completed, The Collier County Board of County Commissioners (BCC) on January 24, 2006, approved Resolution Number 06- 12 that superseded and replaced Resolution 05 -409 that provided for expediting the development review process for qualified Economic Development Council "Fast Track" projects and to establish a regulatory process program; and providing for codification of this policy and procedures. In addition, BCC approved request for expanded position to serve as Principal Planner /Project Manager for the "Fast Track" program. Ms. Cheryl Soter has been hired and is now serving in the position. 4. Focused approach to foster a Customer - Friendly oriented organization - In our effort to respond to the recent survey conducted for the Community Development and Environmental Services Division of Collier County by University Research Consultants, Inc., which assessed the perception of our customers, we have consulted with Libby Anderson, SPHR, through Florida Institute of Government to undergo a five phase program to promote a customer friendly atmosphere and open the lines of communication between the industry and the review departments. Program included meeting with DSAC members to get their input. Group meetings will be held with Senior staff, Leadership Training, Staff Training, soliciting feedback and measuring our success. STATUS: Completed. All training positively received and action plans implemented to improved staff communication and overall understanding of departmental roles and responsibilities. 5. Revise environmental development standards in the LDC - The Environmental Staff, assisted by the Assistant County Attorney, are developing GMP and LDC amendments to provide more options and alternatives to include off -site mitigation regarding native preservation requirements for developments in the urban area. There are a Page 12 of 47 �Septemb-ar 26. 2006 Page ^ `; Gi 198 number of areas where improvements can be made to the existing GMP and LDC, either to provide for a better outcome or to improve our efficiencies in the review process. These improvements are categorized as follows: a. Allowing stormwater in preserves b. Providing for off -site preservation to meet vegetation retention requirements c. Establish more workable criteria to determine when creating preserves on site will be allowed in lieu of preserving existing vegetation d. Evaluating the need for conservation easements in all situations where preserves are to be established e. Reducing the scope of Environmental Impact Statements (EIS) or the types of projects requiring an EIS. STATUS: Completed. Staff revisions to the GMP developed in conjunction with EAC subcommittee. All amendments included in the EAR -based GMP amendment and transmitted to DCA based on April 18 BCC EAR -based GMP amendments public hearing. 6. Integrate newly approved team members and evaluate improvements associated with the 23 FTE plus -up - Staff will aggressively integrate newly approved Full Time Equivalent (FTE) employees and continue to monitor permitting and review processing times and tum- around times associated with plan and plat reviews and with building permit reviews. STATUS: Ongoing including the 12 addition FTE recently authorized by the Board, however, currently have 31 exiting vacancies, 14 of which are open, unfilled positions. Ali the initial expanded positions were filled, but many were filled by internal applicants which created associated vacancies. 7. Establish a new Permitting and Land Use Advisory Committee or a Business Roundtable to identify areas in the code that are deemed to be unduly prohibitive and restrictive and create duplications in the review process, and further propose recommendations to improve efficiencies in the permit application and review processes. The Committee should be comprised of representatives of the various customer segments regulated by the building, zoning, environmental and land use requirements of the LDC. STATUS: Completed. Hosted 'Development and Business Industry Roundtable" on March 23, 2065. Rave reviews from the 25 attendees. 8. CDES will continue to actively monitor all rejection comments to determine if there is a systemic problem with the entering of new comments that are deemed to be unrelated to previously noted rejections during the plan and plat reviews. One of the more vocal complaints of the industry is that there are many new comments on second and subsequent submittals, comments that are unrelated to previously noted rejections. Each department involved in the review process will monitor all rejection comments to evaluate whether there is a systemic problem with reviewers adding additional comments that are not associated with the changes made or the additions to plans and plats made by the applicant in response to previous rejection comments. i ATUS: Ongoing and data and analysis reflected in the accompanying report at Tab 5. As one can see from the data we still need to improve on /reduce the number of reviews. The new process In -Take Team star Ce d in July should eliminate at bast one of the present five reviews. Overall, the results have been amazing and nre still finding things that need to pet Page 13 of 47 ".ges -iva henr fro. 9G September 26. 2096 Page 42 of 198 fixed. Land use planning reviews have gotten within the 30 day cycle standard. We still do have problems with fire review from time to time. Permit times and backlog have significantly been reduced, See Tab 7. In June, CDES took around 20 work days to get a permit out. Today it takes them 13 work days. We are a couple of months away from getting the entire backlog gone and getting within standard. Below Meets Exceeds GROWTH MANAGEMENT Standards i Standards Standards G.3 The County Manager will provide staff coordination through a series of citizen committees to study and implement numerous community planning initiatives. Response: Again, we have been quite successful in t1hat regard. The Bayshore CRA, the Immokalee CRA, Smart Growth Committee, Golden Gate Parkway Zoning Overlay Study, Immokalee Area Master Plan & Visioning Committee and the East of 951 Horizon Study are all actions that staff is fully engaged in. Applicable LDC amendments for the GGP Zoning Overlay and the Smart Growth Initiatives have been approved or are going before the BCC in this calendar year. In FY06, we began vetting the East of 951 infrastructure study which consists of a multiyear project to assess the level of investment in capital facilities and human resources needed at the build -out horizon to balance the expectations of Collier's residents for urban standards, public facilities infrastructure, public safety and human services levels of service and associated estimated costs. The first phase of the study has focused on information gathering and assembly into an organized and coordinated set of options and related costs. The study is requiring coordination of capital facilities and infrastructure planning on the horizon with The Big Cypress Stewardship District, The Ave Marie Community District, the fire districts, and the Sheriff's Office. The Horizon Study will concentrate on preparation to respond to the needs of future exurban populations based on the current adopted Growth Management Plan and Future Land Use Map. The following area of Capital Project Management supports Strategic Focus Areas SFA. 1. Neighborhood Preservation & Enhancement — To preserve and enhance the safety, quality, value, character, and heritage of our neighborhoods, communities and region: SFA. 4. Mobility — To provide for the various mobility needs of the community and the region while respecting and enhancing the character of the diverse neighborhoods. and SFA. 6. local Governance — To sustain public trust &confdence in County government through sound public policy decisions, expert professional management ..... Page 14 of 47 0 C ,genda Item No. 9G Se ember 26. 2006 Paste 43 of 198 Page 15 of 47 CAPITAL PROJECT MANAGEMENT Below standard, Meets 1 standards Exceeds Standards 2 j 3 CPA The County Manager will provide a capital budget that will clearly describe the capital projects proposed for the following fiscal year along with the proposed means for funding such projects. t Response: The budgets provided for FY 06 and 07 included specific capital sections that explained the capital projects in great detail and clearly indicated, by fund, the source of funds for each project. A standardized tracking system is in place to allow staff, the BCC and the public to know project status at any given time. We are continuing to make this system more user friendly and totally automated in FY07. The BCC AUIR workshops on Jan. 25 and Feb. 6, 2006 also gave increased visibility on this important area. 5 CAPITAL PR03ECT MANAGEMENT Below standards Meets standards Exceeds Standards I 2 3 CP.2 The County Manager will provide regular updates to the County Commission on key capital projects in a manner which is easy to understand and timely. I Response: A standardized tracking system is in place to allow staff, the BCC and the public to know project status at any given time. The AUIR v%,orkshop is much more focused about staying concurrent in every County Category, which entails a detailed discussion of current and projected County Capital projects. In addition, have asked staff to meet with Commissioners on specific projects and update them periodically on critical projects (i.e. water status reports, overpass, Immokalee road 6- laning, etc.). Have instituted weekly and monthly reports on road construction and water availability status, Have g iced _, -goiro effo LS t.o !1,7D7 Ve and re i ie tine t iitai projects 1 management tracking and reporting process. Streamlined the reporting format to make it easier to review & evaluate projects and integrated GIS into the presentation format. lry C rl:ln ; Vi ii T i?�. eC DF CT1 )1,Dle l _ .t atiDn Ol elrt 1Ao, al-d 3� )s iraCK f application that will provide a "dash board" feature for on- demand project status reports. A pilot application has been developed, demonstrated and is scheduled to go into production in phases beginning this fall. I i PROJEC A A E E T Below !Meets ; Exceeds Standards 2 3 CP.3 The County Manager will ensure that for each I key capital project that there is clearly established responsibility, budgets and schedules for each. The i t Manager will also implement business processes that will control costs and cost overruns. Page 15 of 47 —19 Agenda Item No. 9G September 26, 2006 Page 44 of 198 Response: Developed capital project assignments, full project teams, budgets and! schedules. The teams included the capital projects managers, and staff froril heal groper ty, Purchasing, the County Attorney's office, etc. to send a clear message that S illy UCC-.SSTUI completion of these projects requires coordination by an entire team of employees. Have worked diligently to modify contract management procedures with staff and the Clerk of Courts to put . controls in place to control project costs. This is a multi-year effort that continues to be implemented and institutionalized. implemented and refined unique change order and work order approval and oversight process. Submit monthly reports to Board summarizing administrative change and work order activity. In FY05 and continuing into FY06, conducted agency wide contracting and project manager training to standardize procedures and controls. Working diligently on agency wide project management training, as well as, an automated project Management program that can be used by the entire organization. Have seen the automated project management pilot in August 2006 and we will 00 full up in the Spring 2007. The following area of Financial Management supports Strategic Focus Areas SFA- I. Neighborhood Preservation & Enhancement – To preserve and enhance the safety, quality, value, character, and heritage of our neighborhoods, communities and region: SFA. 4. Mobility – To provide for the various mobility needs of the community and the region while respecting and enhancing the character of the diverse neighborhoods. and SFA. 6. Local Governance – To sustain public trust & confidence in County government through sound public policy decisions, expert professional management FINANCIAL MANAGEMENT Below Standards C Meets Standards 2 Exceeds Standards 3 F.1 The County Manager will present an opportunity annually, prior to the development of the annual budget, for the County Commission to have a policy level discussion regarding the next year's annual budoet. Response: In l4arch 2006, an item was included on the BCC agenda that provided a proposed budget policy for the upcoming fiscal year; the OMB Director and Manager presented this policy and provided the opportunity for the BCC members to discuss these key issues prior to the staff's development of the annual budgets. This budget cuidarice.= vtias detailed, exacting and demanding. The Productivity col"Imitttee was consulted during its drafting and they concurred with the final product. Again, it made a huge difference in Budgiet, pi, paratir-,)n this year. Budget r(27,ult,, use at Tab S. The County Manager's organization continues to be a bargain compared to neighboring counties, Updated multi-year forecasts were provided to facilitate Board understanding of policy and funding issues associated with FY 07 budget decisions. Page 16 of 47 0 `:�en_`a lien-; ivo. 9G r �enfember 26. ZJJ Paae 45 or 19S FINANCIAL MANAGEMENT` ; Below Standards Meets Standards � Exceeds Standards 1 2 3 F.2 The County Manager will develop an annual budget that will be presented to the County Commission in workshop format and then again in accordance with statute for public participation :. through a series of two separate public hearings. Continue to make improvements to the budgeting i process. Response: Public hearings were condo ucted in Sentemtber 2005 Tor the -Tun uuuytL d€ to Q.,a.,e4- ..sr Agknr%c fnr FY07 ware held in tune 2006. The public hearings were held in Sept 2005. Again this year. the Budget +Nras presented functionally instead of by fiund type. This made the budget understandable io eve i gone. Successfully implemented the Govi 1ax budgeting d. a'Oa se sofcl,lare program in F4' 07. The ut6icly of the program was borne out in responding to Commissioners` questions during the FY 07 budget workshops. Phenomenal accomplishment that previous managers said couldn't be dome. The OMB multi -dear budget forecasting tool is becoming more useful for the BCC in displaying major budget issues in the out years. Below Meets Exceeds FINANCIAL MANAGEMENT (Con't)� Standards Standards Standards I 1 1 2 1- 3 F.3 The County Manager will present a budget for y j FY07 that has a reduction of 3% from potential (miilage net ltral) act valorem revenue Response: T" e Budget presenLe �' trt= rlarager Far FY07 was a 7.7% reduction. See Tab g. The Productivity Committee also did an in -depth review of the '07 budgets of three of the County Manager's Divisions - Transportation, PUD and ASD. The review results were glowing. This is in sharp contrast to the critical review this Committee gave - Y, "' 5 fih�a S��::rif"'= Buda-at roe ,,i Below I Meets I Exceeds l FINANCIAL MANAGEMENT Standards Standards I Standards 1 2 1 3 F.4 The County Manager will provide annual updates of user fees and other non -Ad Valorem revenue, i.e. impact fees, grants, etc. Response: All fees have been updated per study or CP1 indexed. The following Tmnnrt fnPc havA been adiusted in FY 06, Correctional Facilities, Fire, EMS, Both Parks, _ ' h Tr7 i.Z"- ?.,, School, Lav,1 Enfo [ rr rat, Gen:'ral Governn'tn( Belding, vlater 3i1d J,'l''.. This _( i' r'rlt vfi thtC lri4 1LL r :t ''h!s'l ill the Count); r svii`Li`t'. n incredible task predicated by Legislative threats that would have undermined the fiscal Sta lilt'' 4.�t rile t linty. iii %lip rt f a,v� 31e tit:i1WG?.l'd tCt -�1me befCr? tila BCC -i�Y:t year for a CP1 or! :onsrruct,on Cos, dd ustsr'etit('updat:?. Effec i,'ely i €:�plemented and enforced the Lour -tLy's Impact l=ee P.Tgram. 1nciu%d' d the coile ction of approximately $113 million in impact fees, tE anac?ement of all C_}:-t:ribution Agneeme:n`ws -related to impact Page 17 of 47 n is -1 FINANCIAL MANAGEMENT Benda Item No. 9G September 26, 2006 Page 46 of 198 Below Meets I, Exceeds andards Standards I Standards z 1 3 F.5 The County Manager will work cooperatively with j 1 the Clerk of Courts on the preparation of the CAFR and respond promptly and thoroughly to any issues raigp-d by the external auditors. Response: Continued to work on this relationship extremely hard this year. Have been thornrniohly responsive to the Clerk's audits, etc. I believe this new openness has had obvious positive impacts on regaining the Public's trust in County Government. Have attended every (5) Clerk audit meetings. Made comments on the 2006 CAFR to the Clerk, ,as yell as, an offer to work together to get items fixed for next year. The CAFR process in 06 was significantly improved, more detailed, and more encompassing than past years. ? he Manager and Clerk staffs work together through every phase of the CAFR proc -s. The Clerk's reluctance to sign an adequate management letter was cuickiv overcome by the BCC action requesting an audit of his concerns. The following section represents the additional goals that were presented to the BCC in October 2005. Each goal is followed by a current status with actions taken. Below each goal and response is a rating box. Again the same rating scale of 1 to 3 is used. This area of the report accounts for 60% of the annual evaluation rating. Goals for Fiscal Year 2006: Following through on the County's New Strateaie Plan for 06/10. As discussed in the Strategic Planning workshop. Establish and finalize a long range County plan for infrastructure improvements East of CR 951, along with a solid financial plan that supports it. The East of 951 Study is very important to the County. This is an opportunity of a lifetime to get it right in at least half of the County. We need to make sure that the resources, expertise and dedication are applied Countywide to this study to make it a success. Guide the implementation of the new Strategic Plan after BCC approval and align the organization around that plan. �2e po11 t.: � 'cirkex3 LiosF �� urit!1 staff to insure ihat the proiec:t managelne E7t pl ans tier t��t -h the First ",)f, '751 Sttidy anti the annual ,�UIR report. �n, re unplemenled ot, schedule flayed jeaderslup rate in cuganizin- efforts of ti, scn1or 171 ai ev ent +cam that led to t3C`C" adczptic�n cif ne�W �it�cncv Strate��ic ➢'tasl. >t,2adC stu-c the plan ,vas Coordinated with tic r��usn�:nity {29 _.oijzn: unity Stakeholder (ir =_.ups) a first for Collier County. Con!inuil" efforts to align c)r- anizatit;n around that plan through rolling 5 yt.ar jala js, annual division & l�pitl (l'ii =i3t ll r;!: i 117i : zind .l..li vid - i p -1-i :Ul l R 1. As 1 tlr :9fi i ? l a t txf�� 1 1t111' iti l't:SG f[k =I. !nitl ll..0 t l't -( IS:'::sC i13Ult�i'c 1r proiti 'L't to ls',ti ss ttic I:".ol C�i i3IVCSttY7fnt in Capital [I# Lllt }eti at1Ct hu!]latt I -eso urcC:s needed at tlic build -out horizon to halcnice the expectations of Collier's residents for urban ,iandards, pnbjic facilities 1:iia,,tructure, pub iic; safety and htinian services levels of service and associated estimated costs through special assessment and ad valorem taxes, and the county taxpa yers at large,. The ;!rst i ?fT :se C)1 the study focused on iiiforPnation j, atlitirin�_T, and assLSili)lV InF(1 �3n fl9' <'f1117Zed and Page 18 of 47 1,,Iaenda !te k, No. 9J Septe] 7ber 26. 2006 Page 47 of 193 coo diriattral set o options :ind rtlated 't J" :S The B'--,'C -was presented with those o ; ins at. the East of 951" Horizon Study Special Meeting [vlay 24, _1006. Ilresently, a toilo�v -on effon to coordinate ,:-apital facilities arid intrastructure planning on the horizon with The Big Cypress Stewardship District, The Ave Marie Community District, the fire districts, and the Sheriffs Office; is ongoing and scheduled to end this fall. The public vetting phase of this `:Itl °1'. Ir).it "t7�. -, >1- :'"`t� Ji „e.;..._. .9i, 1 - ";t;- i. V.'!!l ?111n.HiIE the ]".aslti'f('``l lrlfrasi.i�.lCltlrCri;ld i F" :_ %:, I1ol.zon 5 11d\ Ptll)1 !4 -f as(t'r' 131;'n U; . 1 fi 1 piL.,tr): -]' I _ and l.noy ,%ill develop the details of this final phase of the study. The final result will be a report and plan that will respond to the needs of future exurban populations based on the current adopted Growth Managernent Plan and Future Land Use Map. Below Meets Exceeds Standards Standards Standards 2 2 I 3 Rating 2. Community Development. We will continue to focus on improving the business processes within this division and amending the codes to manage growth better and instill smart growth tenets. Implement measures to improve customer service as outlined in the 8 -step Improvement Plan -- training, develop a Customer Friendly Lobby, Redefine the EDC "Fast Track” program, Improve overall customer service and response, Develop and propose LDC amendments to allow more flexibility in dealing with environmental restrictions, establish a "business roundtable" to discuss continued process improvements. (See pages 11 -13 of this report for status). In addition, conduct at least 2 PUD /IOU workshops; continue to manage the FIRM restudy process as renegotiated with FEMA; implement development review business process improvements, including establishment of product turnaround metrics; and continue to pursue a Collier County Mitigation Park (Bank). Response.: Conducted the following BCC i "UDilOU Workshops: * PLID N!Ionitoring WoI-l:�hop �'S -Sept 20, 2005 o f'L'D '.!lOnitOriil<T WOYo 'sh;ip 46 — June 13, 2006 Continued to retere €. and nzaiiage the ongoing dispute regarding the FF- ,,IA Flood Insurance fats: [�Ialas {FIi' ?�'I). Working( tlu-ou g,h the recertification and validation of the study data and model Fct ups. Forecasted to complete all studies for initial production of DFUMOs by lrinuary 2007. The Schedule projects that the FFMA contract in coordination with the Government Printing fifiice %Vill take ti minimum of '10 months to produce the m ps. We will then transition into the post - production process followed by the notification and appeals phase. hEl`r.A, p rojccts to 1. sue, its L.ettor of Final Determination (LFD) M July- August of 2008 16110-wed 1)v a mandatary 6 -month compliance period where the City of Naples and the Coullty accepts 11.11- ]naps throu =gh ordinance with a projected impiementation date of Febiruary 2009. In a.ddiuori to the' S -Step lrnprovrtncnt Plan rslready discussed: We successfully coordinated the transition �In the 2001 Florida Building Code to the new 1004 Florida Building Code. This included numerous meetings between stat3'and contractors and designers to briefthem on the fundamental issues within the new code.. This also n lilifCa ii tip ti,,,l can: d1,11' Se.]i7]rlil]' 1�Ic: Ci31ty lC� +� I" 0111.' !1}lndi'vj 11, 'tC <1l ?r 5= t:ahcit]tE'ti tIt I13. Industry. Page 19 of 47 Agenda Item No. 9G September 26; 2006 Page 48 of 198 j In }1L lit.7 id11.1 ' D 112111,,'K Tit; comineretal permit applications and revising the number of eomi ern. -ial plans sets needed for submission from six clown to four and creating- a more efficient plans handling process. Promoted services of our contractor licensing section to assist public with hiring licensed L 011 T..itil;ii'� vc' +, r:.rdl sti`_Plit'2e.^; <311 17 ll7c.d' l'o(.a1S f.lt-_1't17t, t;,tzitCU Ii1t; :r:; t(tr t.tl.11t ;i, coverage in local newspaper and TV news. Successfully terminated the contract with Hanson 'Technologies, Inc. and initiated procurement actions to replace the division's outdated CDPIus business soli are system. Termination included detailed testing and documentation of system failures which served as the basis and supporting documentation which led to the County receiving a $250,000 4ettltn�ent from >''itd'�r', Sri ctetf t tir'1'1Gl M -5; iltri UL11 3 etalled and arduous s,eleczlon proct ss. The four vendors provided on -site "proof of concept" presentations in July, 2006. A selection is forthcorning. Developed a "Development Guide" outlining all Zoning Department procedures and distributed to Department customers. Implemented fast track review program within the Zoning Department. as approved under County Ordinance in late 2005, early 2006. Continuing* to implement Process Improvement Initiatives through the pernmainp and land development review process. • Established conflict resolution process. + Developed procedure handbooks. • Improved review checklists. • Enhanced sufficiency review checklists. • Established post review meeting availability. • F r1halnced coT11MUllk.atwn f1;`ta,cen sl:al Ind ;ipplit`am wh, n revicv� lt::n s a is nni.ssin1_, from submittal, ts • Rey to all arnli'cnllz: " 't :l t "th :Ill ti' -C lCvle"v hockhll developed to erasure grc<Aer staff understanding of what is required • Continuirig to focus on customer service and attempting to promote an open and honest dialog with the Building and development industry to mutually assess problc na .areas in the review and permitting process and _jointly develop solutions to correct those areas. • Streamlined the process of Master Filing plans for permits. The new process sire =nificant.ly reduces the administrative burden on the permit applicant and the Pc— hitting and Plan Review staff. • Initiated several procedures to speed up the ground breaking of projects, including the lssuirjg of foundation permits and allowing; the issuance of conditional pernlits on certain pt.ojects whets all plan review requirements have not been met, but do not affect the initial phase of constructi011. The Mitigation Bank discussions with the community partners havt diminished to some desgree in 2006. We wil] continue to participate in the dialogue. Page 20 of 47 Below Standards I Meets Exceeds Standards Standards Ratin � Page 20 of 47 ga ,n a ltei �. 9G Sepler ber 20. 200; Pace 49 of 198 3. Improved use of technology and web site. The technology in place is capable of much more than we use it for. AIMS, GIS, SAP, and Novus (the new paperless agenda) are all examples of exploitable technology within our grasp. In 2005/2006, produce a professional agency Web page that standardizes screen layouts, content requirements and navigation protocols, i.e. (common "look and feel "). Complete redesign of the county's web site plus marketing campaign for rollout 6 month project. Measure feedback from users. f?esllanse: The web site redesign is approximately 140 percent coTnplete. The ncx site is still scheduled to go live in October. Tile site will have a dynamic new "look and feel" but, more inspotlalsily for the user, the content should be much easier to access. All of the divisions have been invalved in the pltLnninb and decision - making process during the redesign project. P,ecent nlile.ston�-s inck ;ded: The migration of the existing* web content to) the new site cornpl�cted in .rule; Training all of tile division and department webinasiera tenEl their backups (60 people in all) tool: place in Aug., A citizen's focus group will be- convened to test the new site in the First ttir,-o weeks of September; Final tweaks are planned following the roc Lis group and the netiv site will too lime :shortly thereafter. In addition to the new Web site redesign, we completed the N icrosoft Upgrade. All computers and hapiops were successfully upgraded to Microsoft 20103 Office Suit: and Windokvs XP. Added instant messenger capability to all users. SharePoint coordination software is installed on machines of users who need this ct?pabiliiy. such as pr��tect ntana� ers. Adidliilt,n -,. iLmcil Oal.ly ,c Tc:ti�,rChl2J Ill'lo oihl,n. 11-'es" for sh'irolIc'"Jill. -lUCzh lihe hnowledtae database for the North Collier Govemment Services Center. The SAP upgra }e protect is moving for yard. Menibers of the Cleric's MIS Finance l��i =t11EI'.'.��:zS TTei L%1-,h ..Flt: proicct 1,:.am IT ;1nd ON413 to discuss the .tune of SAP. l �r exploring cath r inter lr,e 1� roar l''sa:is i 1, (ER.P) options, SAP was contacted to determille the likehhood of fixing the nn;uly problems and dysftlncCtians of the e':msting? ,vstem. SAP made nunlerous Stl:' ",':'stlons for TTxil c? the iclalC)r1t,J of tile prC)t) }tiTT1S <tr)d lClc uEtititd method' for corrcetin <_" all remaining problcls:S. I caul rnemb:;rs uri aninioLwsly (Clerk's staff as well as BCC staff) d tided to nnove forward with an 1� i ?:',ity SAP. _ilt ?ac "i !C hctli,Ffl <! ',C'iih S,'�h assessm,zril. This viil identil-v all re©'airoments for IlKin« the systern and iipgradlP.g to the nethest rei. -sion. should be complete by Oct 21006 at which time <in PH will he rc ;leas tl tar r_if LJ} ;grade in rte r. i'!�e i1 -rape to existir.- :ilnetionalit.- t i }l be c:?mpiete tav tht end ofOctoher 2007. Tv,,o million dollars arc requested (SIM e,ich by BCC and COC) ill 0,. F` 07 t`ud�et to fund ine prot..,:t. Tlie upg e Inte� =rrltlOn Will include t).'ans to add ilt:W fuT.Cilc >IiHS ;tV TJ ini:lllCi ;' BE.`.tli�'s`i A,uS'C'hCtLltiL', iii ;Tf)m.ii.cu t'snlc ei':irV C ptLiii;, (.r,Un.5 ,'i,10 A �,'I :�.it c'lllc'ni 10 �1,1i11� .l i? .�.'. l i ?c` }� '�r l 1R'I�l 1) tCCF } thL' Ier ti liaisons , tisT * cd in Finance aild IT. h'., lon orcl-ti na! and 1,1o;i ()Ttn,. i.id t. "1',tilflt? C)r cont-act . _ �L�' t(l1hplumic'ed STARS �s'c_en:nt ` oflware. his sysi' rt %,vent lit 6 l L siti ell ..;'t_ l t all inisu all�:t M1,01 IT-130011. rc-duces the needs for rAindant data entry, an:I 1l ">?:iu` 5 it "Creaseif r° }'K?rting and analysis capability. It inter'saccs 'w Fill the .:rc0mus I-acilitJes N1 al <SLTar<i'i e} wo,-k order Sy:;tefn and with ;";AP as we }I `s ci'C_teom' —'ally ti''icd~ ftela;ns � Meets Exceeds I I Srandarrfc Standards , Standards ! 2 3 l Rating Page 21 of 47 r Agenda Derr No. 3~J Septernber 26, 2006 Page 50 of 198 4. Succession PlanniM. Continue developing what is known as "bench strengthW' or developing a management team below the Division and Department level of people who are skilled, ready and able to step into higher management positions. pesponse: All ;upenvisors have a Key ftiesuh Area (KRA) within their individual and collective action plans that requires active and rne:asurcd perforn-,ance which scel;s to optrinize resources through reorganizwion. position management staff d e;loPmt-nt, and succession planninig- Wt have, i.n ,)ur ;business Flans, a goal that c halleng s us to envision not only the `'next'" organization but also the orgartization "after nee.: ". Additionally, tote a<zency has proactively developed and executed "bench strengthening" leadership and nsana� =eri�ent tratnir:g across the full spectrum of the chain of command, such a,: Frontline Supervis7ry Training, Level 5 Director Leadership Training., and will stab this rrlonih a Mid - klanagement Training Course. In addition, the Frontline Supervisory Tr airlirig is expanding to include "lead" staf'f's that have demonstrated the potential for upward inovernent within the organization. 7'rairrinl__= K a priority Q all the Divisions and Departments, and is clear);` supported by Lite individual K-RAs. Rec.o+,gAzing the need to continuer to develop a highly skilled workforce, the has implemented a Professional Career Development. Program in 21,)06, and will continua it into 2007. This proms ara will include d .ti °Glorrtrent of a %r 3'CStr- llI(Sl) k, {,l U'ltl} ri l')iJt iFr)fi37 ti..lt ctf�4G5SnlLaits, co Pity Laieer path chains, and competency matrixes. The results of this program will ben he implemented into the pai"icipant's KR.-As and Action Plans. Coni ntiG'to work can career path progression Plans for each job in the Blue Pay flan. Of the total 77 plans to ac oniplish, we havF,` tinished 47 p: arts. and are ill be ti��oking mage on another 1 i plans. i arm ;.;till concerned that the isin I eadership in this (,aunty will be of reiiremcmt age in the nest 8 years and tlrrat AM uldmat`ti departure will cause a lar�,e void in the County employee rm l s, I ,,411 start fleas year a plan tc) identify one or two promising candidates rn cach Division for Et"entoring and gC7Cdri5Wg W arke over if niv conce. €.h c,xpre ssed above raster iah.r�'. t e are in ti'1:' prC7ceSi Etf C3mi ' €izing the above So an all E;ncornpc'.ti;ir -g c.";f �nC }'- �t lilE ;Su C °''`tP IC n Pm, ram. Thc pro ss will I)° r u,,tr- tiered and zyill -c 3 :fLC trap -down :p y�nt. CC t. t tier would ttiroualout the of gani,. i 3ns. There will be dune tiers o s<:'s ' ?e dit-- fornal ` ertc'y'-,nN;i i, Succession )'fanning l�mgram, alt`.:; w orid tit::, will E ? I ;r Si w)( tl'rc e individuals, in the Career Develop m .nt Pro.vrpi -n, anal the bi! -d ti ,r will coz'i0st. of Career Progression Pi gram, 1% aria der iS the most foimal. It w`r11 conSi[,t Of those V010 Will l3 °. . sic sen (by ail Ptdc-pe ndent source) as likely candidates for currcut 1e<Idership `'? itio ns t Cti<eonr and mhoveh Pai nkipiint , will receive e sla :cific mierit ?ni%iti fr on' sL! -Mior iTtr Cs <3't r i€ nt and Human l'`<:. snulves ;PO,`'KSTS, AS Part Oft.his air ""Ss, we an Amning W'me Cori" cu" 1 '.i1U:�r +l:.l+ training r.!' 4i }i:%li. includes tl'1C L,e`,`...1 :' i...ets.d:.r::ltip PrE ?� -arn tP lace 't � W''.; °4. ;u }?c -:: lining These train:rgs. pr sum ly offered, l <ave proved eery uScCtrl and pOptihar. 4 %7e are a wo r-:la,i ovg to yuppie "ent thoss t irittrls w1h die Certifivd Public IAzu a.;c r and tjai; lt'?F1: i Ema g 11 "Ac E lul!' Program. TlvF, serund d ,,- will be ofi't:t.d to v,,;H1 n d i (m..'m tinteirame Rw tit ..',l€ prenl ;t o sethor and IliiCiClle ] ?`i ;iii m% TV gi' { >u `,'Jill crcat' individual 1)evel nionf Plans. but taiu mai liijg and devalopmont lt.,ou!d `7' i, pponil' d and iinanG:�d Fm, -'t the a p (5i ")irate CiAd ? :s and Cft,l')ur meats. The ":ii M 6wr jr> ih Car er Progr' sMon art ?grans This iw gl m is i nd to kill flit ,"-ug e @,t.'.i Y dl and app a v d st!ans . , t Am1psell..nn . lit ..��tv'i"I"' l r3p}p +ach to -,raining and s4e does not 0 Oh" —49 Wow Meets Exceeds Standards Standards Standards 1 2 3 [Ratan Page 22 of 47 Jcple,i ,ber 26, " 003 =1aae 51 of 198 5. Development of more re6onal strength at the State Legislative level. Continue to strengthen relationships that have been formed between Collier, Lee, Charlotte, Sarasota and Hendry Counties to develop even more unified positions on issues that affect Southwest Florida from Tallahassee. A dedicated State lobbyist should help in this regard. Collier is in line to host the SW Florida legislative Day in 2006. Response: Continue to develop and nurture relationships with State Elected Officials, their chiefs of staff and legislative directors. Monitor legislative affairs in Tallahassee and provide updates of significance to the BCC and county staff. Scheduled, coordinated and orgatnized tw-o Session workshops — pre- and post- Legislative Session - With the BCC and r.'ic arot. rcijd-ahe,' Id nnatcri k. 1'I' } l; "�: :!1 IL. ;!'+t i l.` .1tI ['.II'.iil:!r!C :iriii i1 :i +Ill {�clll \ll ?� di!tliEt]ciitti for tines Board a -enda related to legislative affairs. Met with the NManagers of the. other five counties in the SW F consortium 6t:ee, Charlotte, Sarasota, Hendry and Glades) on four different occasions to solidify the '06 regional fe.gi slative priorities which culminated in the Southwest Florida Legislative Consortium in Tallahassee, %4,IT-ch 22 -23, 2006 which Collier County hosted. We were responsible f'or all aspects of the event, including, the scheduling, planning, coordination with iobbyist, lnvitalions It, CL:'Cted ,ff!�!al� l� s �'�::u11." 211.:u� . }� - i'..ira1lon itt b(tftl:ti�hlet idle" t cn(L" ir�lALl 3rTaln +'. iFr l'.�. : .0 C';1;;9TEi�17 iTlar�rl;t ?�. C:11Cl��f ,Cko(:!!O :I tirii.� rnenll� f ?:�rbC.�.l;ta.sI a.,Id etc. The result was a well organized and inighly successful event - Best so far in the history of� this consortiu. ln'3r5.Ct i -r%, laA _ Force was hi i-,hly successful in limiting the subsequent legislation by the State Legislature, which could ha vc been more harrn[ul to C:ollicr County's current administration of impact ins. Cc?nttnue to cul"i'vate a sIrong working relationship with our state lobbyist, J. Keith timold and ;associate-,. Faciiltattd develor;cnent of ColherC "ounty s state legislative issues and nrrtvided it to our lobbyist to pursue and monitor throughout the legislative session. We cc!n,MUMcat2 frequentl,— Rati na — ` Below St?nrtards Meets Exceeds Standards I Standards _ —f Below Standards Meets Standards Exceeds Standards i 2 3 0 6. SB360 Glitch Bill. Make sure that we stay on top of SB360 and its impact on the County Growth Management Plan; Make the required State deadlines. Work to correct the needed "glitches" to the state's Growth Management Bill !'.:.4i�.. .,. hFi t I�l_ °.i.i ! ,r °i�l .71 tl`i1. i _ °l;i_i] ...nl.��.:� c`.i °ti `.d� ''��i ��tj i�t �f +a(ItLC`1it';7 k•ttln tT.:' itnC teiatilrailC�]1S Qf the n[f ? ?1CC0' S ?lii.Cn hills tC1 `l' ! ) i!r7L .nL�'.'d ,i ti1«d.ltlt =:ii3i ,�i ":1C'�tlinl offtC:t'i tulle. Usti- mjtely, Collier Corintv's untTinching resolve was successful in stalling all adverse to lh t.ount\ (iltL -'five pf ti1')011. Page 23 of 47 ` Below St?nrtards Meets Exceeds Standards I Standards _ —f 2 3 —�� Rating - -1 Page 23 of 47 Agenda 1-11enn No. 9G SeDtembe, 26. 2006 Page 52 of 198 7. Federal Lobbyist. - Cultivate interactive, interdependent relationships with our federal lobbyists and key legislative aids and Representatives and Senators in Washington, D.C. 1�,.�.sponse: %k'e continue to dlev--elop and nurture relationships with federal elected officials, th,cil jilef's of staff and lealslative directors- We, monitor legislative affairs in Washington, D.C. and provide updates of significance to the BCC and county staff. Scheduled, 1 1011 Coordinated and organized the March `'C)06 trip to Washint(:;ton, D.C. with the Coml-nissi Cha.irrnan to present to the Conore,,slonal Delegation and`or their legislative staff Collier L� County's eight pro'ects on Fiscal Year 2007 Federal Agenda. The results so far indicate 'I that 3 of our� priorities have received Congressional support for fgunding z) in FY07. Continue to cultivate a strong working relationship with The Ferguson Group which was the t Ic o:0U11lV SUCCCS<dU I iv ne"ol I, ed 1 cowrM \,,j 1 eff&ciive .'August I 2005 fOr fcdt-7al lobbying services, the first time the county has had a federal lobbyist. Facilitated development o)f Collitr County's federal legislative issues platform and provided it to our lobbyist to pursue and monitor throughout the respective legislative and appropriations processes. We communicate frequently. our Congressional relationships were further strengthened this year by our Federal Elected Officials Visits ID August 2006. We cciordinate&organized the visits o €' Rep. Connie Mack on August st 3, 2006 and Rep - Mario Diaz-Balart on _ August 22, ,()%, wliich include ground briefings and helicopter over - flights to view the proJects on Collier County's Board-approved Fiscal Year 2007 Federal Agenda- Senators MCI Martincz and Bill ,,,clson also were invited. Sen.. Martinez's Chief of Staff I - in the late John Little met with the County Manager and staff f"or a detailed proiect briefin-, afternoon of,Au_gyuSt 8. Successful . capitaLSrLJect management. FY06 will see another large capital construction program. Managing these projects to successful and timely completion will be a priority. Road Improvement Projects of Interest: a. Golden Gate Parkway - Substantial completion of construction of Golden Gate Pkvvy occurred this year. A,4,aiting the finishing of the interchange and the flyover t fully Uly complete. b. Golden Gate Overpass - While the project has experienced setbacks with unstable soil in the canal bottom as well as unsuitable soils under the stricture undetected by prior borings, efforts have been taken by county staff (i.e, going to ,or an i)r top I 1M.,.-iin. ar d r�(Juce lanla, t assist in controlling costs and promoting completion of the project by the end of 2006, 'f Page 24 of 47 --------------- Below Meets Exceeds Standards Standards —standards 2 3 Ogg 8. Successful . capitaLSrLJect management. FY06 will see another large capital construction program. Managing these projects to successful and timely completion will be a priority. Road Improvement Projects of Interest: a. Golden Gate Parkway - Substantial completion of construction of Golden Gate Pkvvy occurred this year. A,4,aiting the finishing of the interchange and the flyover t fully Uly complete. b. Golden Gate Overpass - While the project has experienced setbacks with unstable soil in the canal bottom as well as unsuitable soils under the stricture undetected by prior borings, efforts have been taken by county staff (i.e, going to ,or an i)r top I 1M.,.-iin. ar d r�(Juce lanla, t assist in controlling costs and promoting completion of the project by the end of 2006, 'f Page 24 of 47 T,genda I erl ivO, 9G Se.oternoer 26, 2006 Page 531 of 198 c. I -75 /Golden Gate Interchange - This is a State contract and project. On schedule and aianned to open in the late spring or early summer of 2007. Ramp bridge work over the 1 -75 canal on the east side of the proiect is 90% complete. Widening of the Golden Gate Parkway Bridge is 90% complete, on and off ramp e:ll, .,,,ink,! -n -i'; ir- �?re bein' P tainin vla!ls are conlplete tf7r ^l °t,'V r. ar id p.i(Z-J ,rtil. !!�'± ih ? taf. ?t^ "tit. t ,,v,,P "lnLi .and r ' tiRs rltCtlrltj nC)rt b4C1n i -i 5: COmr)I i tc ?_.rU'"tirl tii Ina- ',)ortionS C)i -id`ae decks for the ramp bridges will also occur over the next hnvo months, Our transportation division is working to make sure this interchange only opens when the flyover on airport road is operational. d. Goodlette -Frank Road (Golden Gate Parkway to Pine Ridge Road) — Construction to widen this two and one -half mile section from four lanes to six lanes started in August of 2005 and is to be completed in early 2007. Plans call for an eight -foot pathway on the west side and upgraded street lighting to meet current standards. The project will include a bypass road to go from westbound Golden Gate Park% Fay behind the bank on the northeast corner of Goodlette- Frank Road and Golden Gate Parkway to northbound Goodlette -Frank Road. This fall crews plan to have completed and open to traffic three lanes northbound between Golden Gate Parkway and Clubhouse Drive. The new bypass road is also expected to be opened to traffic at the same time. The project will be landscaped following completion of construction. e. Immokalee Road — Maintaining construction schedules for the three six - laning iProiec° :' Sb042, and Street is on schedule with 6- laning (4 lanes open to traffic) from west of 1,10son Blvd. to Oil Well completed in August, 2006 (3 -laned future eastbound from CR 951 to west of Wilson in January, 2007 and completion of entire project in April, 2008). The low bid for the Design Build section from East of 1 -75 to CR 951 came in close to the Engineer's estimate and was approved by the Board at its March 14, 2006 BCC Meeting. Contract negotiation were completed with Astaldi Construction Corp. and a notice to proceed (NTP) was issued in June, 2006. Actual construction is expected to _�i:.) �, „ - �;r ;_il�tz�', hy` ....u- nT"E?(',r rte_ _00013. ifc)in LAS 41 to 1 -7 some Jei?v in iiie 1 n ij st,o 1: it l'vIf Cy'StCt;i to 1 -75) because of utility conflicts. This 1"" milestone is now scheduled for completion this September with the Airport Rd. to Livingston section completed in July, 2007 and the whole project to US 41 completed by September, 2008. f. Rattlesnake- Hammock Road (Polly Avenue to Collier Boulevard) — This two -mile widening proiect will expand the roadway from two lanes to six lanes. Construction began in January of this year and completion is expected in about two years. The project features ten -foot side ,oValks on the north side and six -foot sidewalks on the south side. T he project will be landscaped following completion of construction. g. Phase II Computerized Signal System & SCOOT Pine Ridge Rd. pilot - The Phase 11 improvements are completed and the SCOOT pilot on Pine Ridge Fd. is also complete. Pilot test showed a 6110 reduction in driver delay. The system is being further refined and secondary benefits (i.e. traffic count information) are being pursued. The BCC will be briefed on the test in September 2006. Page 25 of 47 r. Agenda Item No. gG September 26. 2006 Paae 54 of 198 h. Vanderbilt Beach Road Road toCollier - Thshv�'mi|e�n4e�siU}`du� six�ening�hecunen ��n-lane noadma�� Construction beganinFabruory2QO5 and will continue thnaugh the first quar�,erc^ 2008. The project has about 28 miles of underground utilities that will be installed, including water, sewer and reclaimed water lines. Crews plan to have three through lanes westbound and three through lanes eastbound between Airport-Pulling Road and Livingston Road open to traffic in late September. Construction work continues on the remainder of the project as well with the next milestone area between Logan Boulevard and Collier Boulevard scheduled to have six lanes open 1n traffic in the spring of2OO7. The project will be landscaped following completion ofconstruction. i Collier Blvd. (U.S. 41 tm��ainK�oldez(�ate - Plans to widen this four�anoroadway baoix|onema|ong75mileosreoltha0Opornertd*sign stage. Improvements planned include street lighting, sidewalks, bike lanes, canal modifications and upgraded utilities. Construction ie planned to start in 2007 and ,)ecornpleu*dio-abouL two and mnm-ha|fyears, TheproJectvv||| be|andscapedfo||ovvingoomplc�1innOfoonstrucVon ' Row fr Ol We Rd -The l dsknpbn ae a 0% �- ''-q�e Board authonzed theQdf and puroha . Resouton at its Apr) 25. 2006 — Meeting. ROW for the western and ea5temerds is scheduled for ~- completion and construction is scheduled to start by fall of 2007. D Projects a. South County Water Plant and Wellfield Expansion - Substantial completion of the 8mgd Reverse osmosis (RO) plant occurred on December 7, 2004 and final completion on August 1, 2005. Since substantial completion occurred, the resolved in November 2005, Contractual iss,ier, with the. de�tqn firt'n M&E have been resolved and completed. The next phase of the Reverse osmosis Plant, an additional 12mgd will be brought on-line in two phases: Feb 07 - Providing 4 mgd of finished water (using raw water from alternate sources) and Sept 07 - Providing a further 8 mgd of finished water (using water from the Wellfield finished water on na t. North Sewer Plant Expansion -{Jn�ook.The 241mgdhqu�stream 0�y expansion County Thispr�ootnmuuibeoompky�dno|aherthan ~~ iOnd�r The contract September 30.2OO5.asmandob�dbydhe FOEP Consent � *auhatantiu||yoump|eteinyWay2OO5endfinmUycomp|ehyinNovembar2005. Page 26 of 47 F"e aw St:and rds M standards Exceeds Standards Projects a. South County Water Plant and Wellfield Expansion - Substantial completion of the 8mgd Reverse osmosis (RO) plant occurred on December 7, 2004 and final completion on August 1, 2005. Since substantial completion occurred, the resolved in November 2005, Contractual iss,ier, with the. de�tqn firt'n M&E have been resolved and completed. The next phase of the Reverse osmosis Plant, an additional 12mgd will be brought on-line in two phases: Feb 07 - Providing 4 mgd of finished water (using raw water from alternate sources) and Sept 07 - Providing a further 8 mgd of finished water (using water from the Wellfield finished water on na t. North Sewer Plant Expansion -{Jn�ook.The 241mgdhqu�stream 0�y expansion County Thispr�ootnmuuibeoompky�dno|aherthan ~~ iOnd�r The contract September 30.2OO5.asmandob�dbydhe FOEP Consent � *auhatantiu||yoump|eteinyWay2OO5endfinmUycomp|ehyinNovembar2005. Page 26 of 47 _;pendap hern No. 9G September 26, 2006 pane 55 of 198 T Ud on schedule. This, i he 24.1 mad solid stream expansion work, is on track an lecl ex; F-rlcs of _24, i , n-19d wo, 1i :vaz -�-ImDlete in rep, F D P, A j, w rt ;�,,j bm, i ez,�� J of the me, 1, aci!i, "-.nm 2-1 i 30 Utit D'f')ec v v Ijl 'dill rn,cd %V%A(P1DF, any !,.v FDEP Consent Order no later than ,�eeds dictate. The 2005 updated ianuaTw 0 'G n tlr fc, I)e FY 2010. c. North-South Sewer Interconnect - The Santa Barbara/Logan Blvd. project will allow transfer of wastewater bet,,veen the North and the South County Water Reclamation Facilities. The work of laying the force main is complete and master pumping station work will be completed in November 2006. d. Wellfield Reliability and Expansion Program - Define, focus, integrate, and execute through budget, master plan, AUIR, and Lovvrr West Coast Water Supply Plan c,.Dordination, A ContinUOUS },'IOCVEiUl. SUZCeSSfUl1Y 0b,,2'Jnr_-d B-CC, 9 '?- - o va arn Kianagernent work order at vie- June 20, "'006 mieeting :3pT ,i of Prr)�Ir�� C, amp, Dres er - and Llc;Kee is u)e. consultant that has been retained for the all-inclusive wellfield reliability improvements and expansion program, to include monthly updates of project scope, project milestones, work completed and work planned. e. Reclaimed Water ASR - On track. Engineering design is complete. Numerous Thi5 rer�evi J1 by arlous to award construction contract. ASR construction started June 2006. f. Potable Aquifer Storage Recovery (Manatee site) Construction. - Construction of tour potable water ASR wells and one ground storage tank. Deferred by the 2006 Water Master Plan to complete FY201 0. Aquifer Storage in FY 2015. g. NE Regional Water Treatment and Water Reclamation Facilities — This facili:V "vas being 'J — d — ,n ny 20(A :aec.a'use of prc-Lbler-,.,� Lh, h,-& nrivEi1c, Ui'$!i`v, hovve-v 'his nev,, *' cj!vL,,t have- cauF--:�d i 1 1 la ii I , a rather substantial rate increase of aind sev,�e, users. FDEP broj,�,ht thiDnl Into arld n C, a'7' c e I e ra c- Contract calls for the County to take over the operation of water and sewer in their service area by 2012. Taking all of these factors into account, PUD put a current schedule for the new sewer plant is to have 4.0 mad and deep injection wells design completed by Dec '07, to start construction on this design by Oct 201 1 r J 'rd b'e-, -t 1 Jntcn i rther 7) 1 i Li' �,.vlse 'aIiea nt-vv D.- , r_ I Th� fin,-[ the !R ;-116A of tnc v,,al-i is schedlu!ed to corripie-te in June 2008 with construction to start shortly after. Completion of this phas,e is !.Dctol-,� r 2,Y) 11 . Follow on phr: es of thi-s eypar ion arc- 2014. rng,d (1-5,, 2,017 1ti nri(A (2,)), _D12)1 + 5 rngd '(30), Th e car),-jcides mei-ot "'J the Oranue Ti-ee facriMy planned for PU takeover in 2012. Page 27 of 47 G 9— Agenda Itenn, No. September 26, 2006 Paae -56 of 198 h. Reclaim Cells 1 &2 at the Landfill - Solid Waste is currently awatting prc-)pasals frcrm Va-s-ie o r eC; a i T-F, C l6 r n c 2. ;r1C1t1_j7-1 thev propose to handie th- UTI'SUita:)ie materials. Negotiations will then follow witil Wz,Ste Monageme-,nt to develop a Plan that is favorable to the County. If an agreement cannot be reached with Waste Management then a RFP will be produced and distributed. Project duration of the Cells 1 and 2 reclamation is through the period 2007 to 2012. The existing Cells have planned capacity until 2014/2016. i. North County Water Plant Mid Hawthorn Wellfield - On track. Ten Hawthorn Zone 1 wells are being constructed. Five wells were completed on schedule in December 2005 and January 2006, and the remaining five wells are scheduled for completion in Summer/Fall 2006. j. Residential Recycling Cart Program - Finalization of the new Solid Waste Collection Contract has been completed. The successful roll-out of the 64 gallon recycling cart has been completed, providing over 92,000 residents with new easy to use recycling containers. Collection routes are scheduled to be changed in the 2006 off season to accommodate both growth attributes and the impact of recycling. Since their introduction, residential recycling has increased by over 50%. k. Naples Recycling Center Improvements - Architc.-ctural pjamz; are cor'npleted and are being reviewed by County staff and the Air, port Authonty, Submission 1 , or tbe- le 7�i e rec-AM-nation contracior which 4in �z�fler ECC 2,X1rCA?,'-AI Of 'J t W.-_is ::port liczll-d �n we [,,Iav n evt icy., -tern �qree ent G being 91 r;r),g jL ne fir .3 m i?. Th e 's i t e f:�r r-evfew 31�cc -3�)P�OV, dU I er 2006- Site r.:1c0Mat!0r` w1l -it -��mL co; Irar;1o, I.),- awarded i�i Septc apnrOval and pe=lt a,..)provats I7om FDEP Construction (six month schedule) is stated to begin late January of 2007. Public Safety Projects: a. New Emergency Services Center - This facility was originally planned for the Santa Barbara site and was relocated to the Lely Cultural Parkway site. It will be 1�, I )1.,� e "and, 'ohe "Ie SDLah R,,- �;)ional Li[)rarv. Th,.! design is t 'W'. CLI'l I -,t )-I the seccncl 1,(,i-Lry t,if the Sit,-' D(--1vr,lo1pr,nt Plan scheduled to start this fall and to be complete in April 2008• b. Sheriff Special Operations Center — This facility will be located at the Naples Airport. The design is complete and Site Development and Building Permit are complete. We broke ground on this project, started site work in FY06. Site needs to be raised with nearly six feet of fill and accounts for approximately $1 M. A lot of the excess fill from the Complex Parking Deck has been moved to this site at the Airport. The County has just been notified that the design and plans for this have tc b.e ie vie wed 1,? ythe City's Design Review �., onimittee and that the Permit is subject to this review_ The c-.nnstruction on this '.-IrOlect is, scheduled for completion in May of 2008. We have no way of knowing what this latest wrinkle from the City will do to the opening timeline. Page 28 of 47 Standards ] tweets rds Standards a Exceeds Standards 2 3 Public Safety Projects: a. New Emergency Services Center - This facility was originally planned for the Santa Barbara site and was relocated to the Lely Cultural Parkway site. It will be 1�, I )1.,� e "and, 'ohe "Ie SDLah R,,- �;)ional Li[)rarv. Th,.! design is t 'W'. CLI'l I -,t )-I the seccncl 1,(,i-Lry t,if the Sit,-' D(--1vr,lo1pr,nt Plan scheduled to start this fall and to be complete in April 2008• b. Sheriff Special Operations Center — This facility will be located at the Naples Airport. The design is complete and Site Development and Building Permit are complete. We broke ground on this project, started site work in FY06. Site needs to be raised with nearly six feet of fill and accounts for approximately $1 M. A lot of the excess fill from the Complex Parking Deck has been moved to this site at the Airport. The County has just been notified that the design and plans for this have tc b.e ie vie wed 1,? ythe City's Design Review �., onimittee and that the Permit is subject to this review_ The c-.nnstruction on this '.-IrOlect is, scheduled for completion in May of 2008. We have no way of knowing what this latest wrinkle from the City will do to the opening timeline. Page 28 of 47 C AlEoenda Item lv:). 9G Se,Etembe,r 26. 2006 Paoe 57 of 108 c. EMS -19 Station (Santa Barbara) — Construction is ongoing and is scheduled I o be complete by November 2006. All issues have been mitigated at this time. issues that affected this project were zoning, Santa Barbara access and storm water management. d. Station renovations and preventative maintenance at EMS facilities. - During the past year i have personally conducted unannounced visites to and inspected 16 of our 21 Emergency Medical Services (EMS) stations throughout Collier County. My intent was to talk with paramedics on the job and assess their facility needs and other areas of improvement. During the past year, at least three stations have been completely repainted, roof repairs are under way at one station, aged and /or worn carpet and linoleum are being taken care of at several, a malfunctioning toilet has been repaired at another, window tinting was applied where needed, light globes were added to fans, a hose hanger -,.vas installed, and overall maintenance /housekeeping has improved. The visits were well received by the attending paramedics and firemen and I plan to finish the remaining 5 this next year, with some compliance inspections mixed in. e. Estates (Orangetree) Sheriff's Substation - Site Development Plan complete. The design is being updated to the 2004 Florida :Building Code. In April 2007 site work will be completed. Depending if the rest of the substation project is funded in the budget for FY08, the facility should be complete in October 2008. Below Meets Exceeds Standards Standards Standards 1 2 3 Rating Other Significant County Projects a. North Collier Regional Park- Opened the NCRP Sun -N -Fun Lagoon to the public on June 21, 2006 at 4:00pm with gre=at media coverage and positive response from the community. First two ve_�eks had 25,000 visitors. b. Collier Blvd. Boat Park — Our permits � vP -re denied by the FDEP and the ACOE. Met with our State Representative. Both FDEP and the ALOE have changed their mind on their previous denials and they are now re- reviewing our permits. We have received re- review comments from both agencies and our Project Engineer is working on our resubmittals. In the meantime, residents from the Isles of Capri have been very vocal with the Sheriff's Office to correct the traffic safety situation that presently exists on 951 when trucks with boat trailers use the shoulders and median to park. This project should alleviate this ;5if park.ng situation. c. Goodland Boat Ramp — Neighborhood information meeting held 10/14/04. BCC approved conditional use for the property on 3/23/05. FDEP and ACCE existing permits extended. Request for Proposal for design held; Johnson Engineering awarded RFP in May 2006. Kickoff meeting held, design program approved. awaiting 30% design plans from Engineer. This project is estimated to be complete in October 2008. Page 29 of 47 QB September 26, 2DO6 Page 58 of 198 - d ' Vanderbilt Beach Parking Deck. - The Vanderbilt Beach Parking Garage \ � d� endousch�0�ngaao openedinear|ySpning28DG Tkisnrcue� pnyseoe am �hedme�r�me�asen�en*}yshor�andU`epavvasv/rLuaUynostegmg area ;ora major construction undertaking. c Courthouse Annex and Parking Deck - Annex: Site Development Plan a�Prov�d��mzrs1'7 �ui|d\n��,m�pendmg. Tes"pi|escomp|�ged. Currently working on underground utilities. Foundation work scheduled �osl art I.') November 2OO5 (subject tu issuance of Foundation Only Permit) .Construction completion date io April 2O This structure was originally des,gnednilhol.�la fire sprinkler synte,n After the SDP vvas approved without manda\ing the spdnb|ersyst*m. Fire �odeo�k�iaisde�i�*��ha|�nee�ed mbe sprinkled which delayed the completion of !he prolect, All parmillingcomp|e*y except fire alarm permit which ia expected the week o( September 4.2O0S. (Sprinkler permit was issued last mondh). Construction \s scheduled for completion in October 2D05 L North Collier Government Conter- • Opened June 2DOGon time and on budget • Coordinating with Constitutional Offices re: servioes, building operations, move-in process • Staff for BCC service counter hired and trained in providing multiple County services • Marketing plan developed and implemented ~- • Operational management turned over to Communication and Customer Relations g. Az�� program • `Sincath*Land000pe Beautification Master Plan was adopted in 2003, \heA|hyrnabveTroneporbaVonKXodeeDepartrnent- LandncapaSacton has installed 28.3 miles and ison schedule to install 8 additional miles by the 4m Quarter 2OOS • FYOG Four (4) Landscape Construction Projects- Golden Gate Blvd. Phase 2.US41 (|mmoko|eeRd -Wiggins Pass Rdj. Golden Gate Parkway Overpass, and Pine Ridge Interchange. Notice io Proceed has been issued \o all projects • Design four (4)FYO7pro}ecin' All projects aranneoheduie • Three design project phases ofU541 East and Golden Gate Blvd. Phase are complete. US 41 North (Wiggins Poay - Cuunty|ine)and Guod|e\(e-Frank Rd. (Golden Gate Parkway-Pine Ridga/apur road) are 80Y6 complete. 0 New projects- landscape design and construction of unsightly area ot Vanderbilt Beach Road and Vanderbilt Drive; project completion date o! September 2006. Landscape design and construction of US 41 o1 Port of the Islands; project completion date of December 2005 h. FPL and Collier Blvd. Greenway Projects -�F�PL-Oncurrc�N � are anningonhWd�gourf�a pubUcmoet�gin November, 2OOG. We are '� |hu d ping me hmnhas �ingtoacone dd' o na i incraau�d�emaoduua|y VYea/ac|use�y000rdinabngviUnthaSh�mwaher Oopunmentvm1h rag�rd �o �ha L�B!P pro1ocL VVe arammrkingon g*Jing V`e legal descriptions for the 5 easements thalvia must obtam "o finai;ze the prolect. -- The number of easements has been reduced from 42io5 based onaminor alignment change. [f those easements, 1 is FPL. 2 are homeowner's Page 30 of 47 -`Agenda 11e m, No. 9'J September 26. 2006 Page 59 of 198 �._ a , assocla:4Uns. 1 Is a developer and 1 is is private landowNner. � g�I. r - VBP to immokafee Road was included in the roadway bid. trv`e are still working through all of the issues in trying to secure an easement from Vanderbilt Country Club. U.S. 4-1 to Main Golden Gate Canal, this section has been included in the design of the roadway and vfill be bid and constructed concurrent with the roadtin,ay project. GG blvd to Pine Ridge Road - This project is just shy of the 30% design. The pathway is also being included in the roadway design plans. i. City ofNaples /Collier County Beach Renourishment Project — This $23M highly successful renourishment project was complete on 23 ivlmy 2006. The construction of the artificial reef is scheduled for the Spring of 2007 and the Dune Re- vegetation is scheduled to commence this Fall and continue in the Spring of 2007. j. Marco South/Caxambas Pass Beach Renourishment Project — BCC approved contract with Subaqueous Services in July 2006. Construction scheduled for November 2006. Engineering support during construction by Hummiston and Moore. All permits are in hand. Waiting for the end of turtle nesting season in November to start this dredging and beach renourishment project. k. Eagle Lakes Community Park — Design is 100% Complete. Project permitting complete. The Interactive water feature was complete on May 19, 2006. The 2 Tennis courts and pavilions will be complete in November 2006. The maintenance building is also under construction and is scheduled to be complete in December 2006. Construction was also complete this Summer on the Eagles Lakes Community Park pathway connection to Triangle Blvd (over 2 miles in length). 1. Golden Gate Library - Golden Gate Library design plan complete; moving to construction document. Planning to advertise for bids in September with a construction start date in February 2007. m. Marco Island Rose Hall Addition — This is an addition of approximately 4,000 sq.ft. to the existing Marco Island Library. This addition is being built with donated funds. The design is complete. Building permit application has been submitted and presently we are advertising for construction bids to be submitted. Planned start of construction in November of 2006. n. South Regional Library - South Regional Library (SRL) design plan complete; !moving to construction document_ SRL in for SDP and SFWMD permits. Construction will commence by the Spring of'07 with a scheduled opening in July '0». o. Gordon River Water Quality Park - The schedule provides for permitting to be C,omplete and 100% design plans to be available by the end of the Fiscal Year with bid in 0cLober and avvard of the contract for the eighteen -month construction by the =snd of 20061 p. East Naples Community Center Expansion — The 3,000 sq.ft. building addition is complete. Grand Opening was on July 27, 2006. Both Commissioner Fiala and Commissioner Coyle attended. Page 31 of 47 Agenda item fro. 90 September 26. 2006 Paae 60 of 198 q. Restoration of the-Naples Depot -The Naples was open-.5 Lo tr,e r u lie on February 9t" with about 1000 people in attendanc ; infort inatcly Lhe D >c,! was closed following afire review on Friday Mar,-,h 2 '� Pe n�rting c rt'icui�� till plague this facility from reopening. Scheduled to reopen by October 2006. Sheriff and County Fleet Maintenance Facility — The Design of the County Fleet and Sheriff's Fleet buildings are complete. This is a multi phase project because of the space limitations and the necessity of maintaining current operations of fieet. The tower ancillary buildings have now been permitted. The construction contract for Phase 1 (County Fleet facility) is planned for 10/10/06 presentation to the Board. Phase 2 - the Sheriff's facility will start after Phase 1 is complete. Construction is scheduled for completion in September 2008. Tried for a while this year to co- locate the CAT bus transfer and maintenance facility at this location. This would have saved manpower and money in the long run by collocating like facilities together. In order to do so the properties directly north and south of the present county barn facility would have to be purchased. Both property owners turned down our off&rs. Eminent Domain is not a viable option for these purchases. We will look elsewhere for the CAT facility. 9. Overall Operational Improvements A. Enterprise Content Management/Records Management - This is the first of a multi -year project. Two objectives are involved — one is the engagement of a consultant to (1) determine the current state of records and document management, (2) conduct a basic document inventory, and (3) lay out a plan for future implementation of a full ECM application; the second is to hire a Records Manager and Records Technician (pending BCC approval of UFR requests). The first phase of the contract is expected to be complete no later than January 2006; hiring should be complete by that time as well. o Co nipleied engn enie.lt with Doculabs o movn3 <� fon,z aic.1 to Phase 11 (inventory documents, deveiop taxonomy, deteniiine needed re 7orrrce - plan to use current resources, pilot pmtrafn, develop RFP) c, Hirai 1Zecords Manager (start date 3 /2i /06) o D vclopcd drr z fi ,ifojec;t management plan o 1X.Vwcloping € iL11 l vel taxclnorry consistent with Florida Genera Schedule o Developing, records ds mariagement manual for use throughout a17"e,ncv Below Standards Meets Exceeds Standards Standards 1 2 i 3 Ratin � Rating 9. Overall Operational Improvements A. Enterprise Content Management/Records Management - This is the first of a multi -year project. Two objectives are involved — one is the engagement of a consultant to (1) determine the current state of records and document management, (2) conduct a basic document inventory, and (3) lay out a plan for future implementation of a full ECM application; the second is to hire a Records Manager and Records Technician (pending BCC approval of UFR requests). The first phase of the contract is expected to be complete no later than January 2006; hiring should be complete by that time as well. o Co nipleied engn enie.lt with Doculabs o movn3 <� fon,z aic.1 to Phase 11 (inventory documents, deveiop taxonomy, deteniiine needed re 7orrrce - plan to use current resources, pilot pmtrafn, develop RFP) c, Hirai 1Zecords Manager (start date 3 /2i /06) o D vclopcd drr z fi ,ifojec;t management plan o 1X.Vwcloping € iL11 l vel taxclnorry consistent with Florida Genera Schedule o Developing, records ds mariagement manual for use throughout a17"e,ncv Page 32 of 47 Below Standards Meets standards Exceeds Standards 1 2 3 Rating Page 32 of 47 =.gen a item kJo. 9G September 26. 2006 Page 61 of 198 • B. Successfully implement both the commercial and residential recycling 0 0 initiatives. 2esporse: Finalization cif the new Solid Waste Collection Contract has been on 1ple ed. The successful roll -out of fire 64 gallon recycling cart has been completed, providing over 92,000 residents with ne,,k,, easy to use recycling containers. Collection routes are scheduled to be changed in the 2006 off season to accommodate both growth attributes and the impact of recycling. Since their irntroduction, residential recycling has increased by over 50`!'o. We are continuing to 313[ �r :.cai';.t.7�l.:it:ir�_(st:a7l i.: i. Fa'- C `, "..SS1.'_±1CaC;�irliC{i�r<tll t3atlh`4it businesses in unincorporated areas of Collier County. The Mandatory Non- residential Recyclins, Ordinance has been implemented for all unincorporated county% ide businesses. flans are in place to have the City Of Marco. City of Everglades City and City of Naples to adopt similar ordinances. The adoption of this county -wide pI-ogn,- i, along with new recycling carts for single - family homes will sILTniticantly enhance and improve the collection of r cyclables preserving air space and natural resources - These pro—min—is. along with new recycling carts for single - family homes will double the collection of recyciables and results will be beneficial to the extension of the life cycle of the landfill. Below Meets Exceeds Standards Standards Standards Rating C. In conjunction with the Collier County School Board, refine the iinterlocal agreement dealing with the School Board Construction Review Process and develop implementation plans to comply with the mandates for school concutrency as defined in the state Growth Management Bill — SB360. Response: Conducted a BCC /Schcxzl Board ,Joint Meeting — April 12, 2006 where the above iteil-Is were discussed by froth Boards. Solidified ongoing relationship with the Collier County School Board via the staff working group with coordination and cooperation emphasized in order to meet the March '1, 2008 deadline for the adoption Of the PUN 1c, Schools facilities Element as a functional element ot'the C;h4P. The 161- this element. klai!�urilred coordination and cooperation. with the Collier County Public Schools in schools pianninrr through the illt.erloe'rrl .greernents recl,,€iced by Florida St.attrtes_ The School Board did not extend the 2003 interlocal a green "ierlt ,vhcrcby they'v[ould tl,-' COUrltG perillrttrngand C;0111structlon inspection serf icc�. It sunset in March 2005 and tiri item has been alone cif contention for som, o�atspc +lcen residents critical of ibis present School practice. (Dina separate note, coat nu(r td to v orl- on impnovinFg the working, rt:lat's ;.ts and adv2nae joint venture l 'itCtS : "idi the CCPS Ball fiCivS, B-lus %irl "tiIElaSi',t nan e: u Siflt:1 la ?rd S , L ^ i . 1' C.l I s t`�" r p_ ..i!` s t; scrlcti)l :r li l °rIC'y 1 ?e(ter' SrtS, 'cC'.1 Rating Below standards Meets Exceeds Standards Standards 1 2 3 { Page 33 of 47 —4 f Qenda Itern 1v,3. 9,G) September 26, 1006 Page 1152 of 198 D. Finish Implementation of Contract Administration Plan Initiatives. a. Improved Internal Communication between sections of the Department Response: Now conducting monthly section manager meetings in addition to full department staff meetings. Managers working together all several projects b. Acquisition Planning - Response: Formal acquisition plans are in place for arj d Pccr: ion. I r,an por!atjiln and Each plan iderjtitie> and the intended procurement strategies for each. c. Timely Landscape Median Bidding and Contracts for Summer 06 contract schedule Response: 13 contracts awarded totaling $2.5 million. 12 scheduled to be completed prior to next winter season (only I pending is GG Overpass landscaping which is dependent on progress of bridge contractor). d. Develop Technology Enhancement Plan • Select and begin pre-implementation succession strategy for current SAP application Response: Part of multi-agency (Board, Clerk. efftsrt, have at_,ret',d to Upurade the curn III SAP application in FY 07. • Enhance Dept. Inter and Infra Websites Response: Inter and Intranet 1 'CTlhallc,:d Per - . I eb sac 11 Purch'isim-, site will include on line bidding page. • Investigate electronic bidding options Response: New web-based solution selected and scheduled for implementation by December, 2006. • Investigate contract administration software Response: To be :jddr,cs,cd throu�!h wideproiect ma n ag"c' nl,., sijffteam pri` p:irjnu tai nit Wldc 01 • Develop Purchasing Card Program Enhancement Modified prograrn went live in March with on line proL:Cssiny, of monthly bill payment initiated. In addition, the following initiatives were also accomplished: -,%indard desitm • Developed, implevicrited standard resource-load--d contract negotiation process • Recovered S250,000 in damages from terminated software vendor Conducted training in proactive vendor management • Conducted training to public in "How to Do Business with the County" 'riCkjr1_! ;T1, SAP • Averted litiL-ation on ni"ilor contracts • Conducted highly competitive award Process for debris rentoval and monitoring contract,, prior to 2005 HulTiCane season. • Successfully deployed c(_-mtracts following Hurricane Wilina, resulting in ninety ,nd cost-cffective clean up of roadways and right, of ways • Recei N,(.-,d letter O'coniniendation fi-orn Department of Homeland Security pralsint, the County'-, selection process and thorough contract records. • Received several request-, from other local goyea f-11-ri-NM (including counties Z� 101- copics, t dlht, �c LOnir.-m., Page 34 of 47 Below *W:[ Meets 4 e Exceeds Exceeds Standards Standards standards 2 3 Ratin Page 34 of 47 ,Ng_rnda Item i o. 9G Septem ,er 26, 2906 Pane 63 of 198 E. Guide the implementation of the Operations Management Tracking System (Ops Track) that measures efficiency, productivity and effectiveness. i L',j,tt ..�.•.': �= r.i(�)c'�l •<<!.t �1�`ti"i !i, � :KtUi:.;?i "'_I E1Li�'iri4';l, 'Sjti4;r<ltl�in5 !i' i�.,__,.,_ :�l tracking systc-m iip s 'Tracy :) report. This first product was too voluminous to lie readily useful. 'Will hm!c tp reduce the number of data requirements to Bret at the sign licant Icading business indicators. This continues to he a work in progress as we rcfinc. pe;dorrilance rnetrics and develop a rePorting forniat that beets the Civ)'s ?'' :C(llit .ct:'1t'. f. ttnlE?ilair? i4t`rj !Y1 t,7 cgratc,!iis-lti?rt with rela -ted, perfornum, ncasuren, cnt and bench marking initiatives. Rating Below Standards Meets Standards Exceeds Standards 2 2 3 E F. Continue to improve the Agency's public affairs & customer relations programs (i.e. on -line, quarterly, external, e -mail newsletter & bi- ennial citizen survey questionnaire). Enhance marketing analysis to support advertising and other promotional efforts by various county departments and market County Government successes to the public. response: As staved earlier there were numerous national and ;state awards for the vork and info matlonal pi- :ucts of the a2cncy's public affairs and customer relations programs for Collier County_ The county's media relations policy continues to. tic successful in b :eep,'ng the courity's overall message consistent and timely. Thera: ere ��r? net> ; rcieases prepared. edited and distribCwed through the d parrment in file tir ;,t Mine months of FY 06. .'additional news iel'ea.scs issued by the divisions ar, I-evie�wred by tl,t Cornm�anic<7tic }ii anti Custcriner relations Dept before distribution as reCl.UlrUd under t)"Ye. new r.4edia relations CNIA issued in 2005. The Citizen en Li iistz,i l)O ill =_111 i'l.'rn?ins, an ei`'cctiv e iirjec <ani� ni In Coordinating, rtspotlses to rL uiri s J1011E1 With public records f <tau' st s. The ?0"5 "?rinual Deport vas -onnp)ctC"d ani lrf:H 1, ,,:,lved. Collier T;IevYslon continues to produce hl; h-quah't'y ile"VS <i.nil !iifri,'i_n -f [itlf }nal ,'Cramming ahou' eC ?ui7`ty 20V(:- MITl`'.11t. The iiAc i l and `rtilti.l" +'esj Ct :ii7`i`itl ?3ti : :3i; In;(1:Sri.'lttht il'.1ti.t..,iti ;_xi' 10 Otir ",i11pio -) 's and, th° con-I €i'. mly at large. The ext .i'i7al nFelw'sletter lip S rti +l�':e i�i.isn 1 ,CityO unsc -rllr rs in-_-)uduig i 10!,s, civic ,soups, and eosin.,, .yes. The AL,:.ncy Or arCiLC d 1.(T�k 11 Ball rrte4 ;lit '_',S ns1 County' Ciovz-. -r nment Day a.t Coastlan`� Mall vvei'„ w�:H avcTidod and operauoila)ly ran smoothly. We managed 4'it `ctive put l- 1 ;tc.3iil ;i ;ti '41 C)Jt, ic;i i)tirEn * ll'uiricUilf >}4'IiF1i4a S'_tIN I ,, 0` C >Lli4:r 1 <i E "i If €;. the i'cii\ ix" b sile iiiiii press r�It.dSefi, as w ll as, icon rdin licd and T' spC:ndcd to dozens, of regU S(S 101- !i7t0i1 i . Xs fl-om local, stag' and natjolitti news . media outlets Below I Meets Exceeds Standards I Standards Standards 1 _ 2 3 Rating �— I Page 35 of 47 agenda lteri No. 9G September 26, 2006 Page 64 of 198 G. Streamline the recruitment & selection process - A very strong Employee and Labor Relations Manager was hired and one of his goals is to review and improve recruitment. The first step in that process is to hire a generalist to fill a long - standing vacancy, which will allow for one generalist dedicated strictly to recruiting efforts. With this change the recruiting market will be analyzed for all hard -to -fill positions with a goal of increasing the applicant pool by looking in the "right places." To further enhance these efforts, a comprehensive employee relations plan is being developed to enhance work environments, place greater value on human capital, and make Collier County an even more desirable employer. As recruiting hurdles are identified, efforts will be taken to mitigate challenges. One particular area of concentration at this time is high cost of housing in the Collier County area. As well as, guide & monitor implementation of the changes to the employee benefits package. Response: Dedicated recruitment < generalist on board. • Implementing on -line application tracking software October 2006 • Implemented benefits improvements • Implemented hirin,4 bonus progmm for hard -to -till positions • Reviewing pay scales in comparison to market • Specific position compensation studies with customized solutions (Project ivlanat -pers, Planners) • Hired Employee Recognition Coordinator and implemented improved employee reco --nition pro ,r"� m • Conducted training and roll -out of new recognition program • Hired Employee and Labor Relations Marrar;er in May 2006 • Developing comprehensive employee relations pro(Tram to include: o improved exit interviews and process o Improved recruitment efforts • Employee programs and work environment improvements • Emergency planning assistance o Housing assistance pro,_m:rns o Flex -time and /or work- from- t.)ome program 0 Skills inventory o On- Boarding o Renewed participation in career development /progression plans (40 acti ,,,e plans plus others in development) Ratin �Beiow Standards1 Meets Exceeds andard Standards 1 2 i 3 H. Open On -Site Primary Care Clinic - Funds for this project were approved in the FY05 budget. Risk Management released an RFP in November 2004. Unfortunately, the proposals received were either too costly or unresponsive. —19 All proposals were formally rejected in March 2005 and a revised RFP released in May 2005. Only one response was received, which is currently being analyzed but appears very promising. Page 36 of 47 . e n d a 14L er: IV D. 9G Se�?tember 26. 2006 Pace -35 of 198 ?'0 stl10r �. .a. ; -:t ,.J of ci! ?' • �' , � R:il it,r tcC, Contracted with Prlrn-ar� Care provider It Working on implementation plans with provider ■ ;4wardcd remodel construction contract for remodel (permit issued .lone 2006, construction bean mid -July to be completed no later than Oct aft, 2i106 • I hni C r 224.'ci.f:,. . °.',il.i r r� dL, ' +-CCt1;1trUC tC',i, i�}lnhl al( "i In this safrie area of employee health. The Wellness Program received the Cold Award fYoill the National Wellness Council. We were only one of twenty programs in the nation to r'�c:eive this prestigious award. This program has saved at least a half million dollars in the past year alone. In the past year, the prog ain has conducted 883 Health Risk Assessments, put on four major Health Fairs, conducted 42 Health Screens and had 142 employees who were followed by the Wellness Nurses. I Below Meets Exceeds Standards Standards Standards I 1 2 3 Rating I- 1. Improve emergency preparedness planning & response capabilities. Page 37 of 47 a. Continue Emergency Management team development within the community toward building a disaster ready and disaster resistant community. Response.: Ernertgency Manageuient has been inost successful with a number of working groups and initiatives that rner`c the inttcrest and concerns of both the public and private sector Within Collier County. -Those e0 "(Irts under the B 'C approved Collier Country Citizen Corp Alk. ;visory Group are as follows: The establishmeilt of a special needs task force that woi 1<� to improve the preparedness and recovery- of persons with special deeds and to provide technical rguidance for ilursin , homes, rest homes, rl` d1Cal suppliers and home health ag encies to ensure iht in :d lcal IV tr itl Maid related h c alt l cafe :iyStein$ are as sLJf- tii3RitCl ilt as pL,. iae po'sibit. G,1s :' r''nCV f ana <`e1n ils has iniproved its ability to conz...'t thS 'c - L2is nee is popala ion by the use of an autorlated telephone notit2cation ,ystLm .ve stern, can contact al,nost 1700 special ll.eds residents and provide emergency, infirrlatio,n in 'ess tllan i hour. improved presence in lmrnol :,lee, with ,additional Stcii rr'sou- ,--".s and future, contract siaft rGS(Tt1rCCS. i1f 221�fCailt �t'C ?FlC Il<'. 1�.�t t3i'i ?: .ti' .t?, ..1�._tt. ,. ! ,.:1t i.',1i?l,c _ ...,.a': �i ?i'et, littaTYt �._.. :ii�•i's; i�; �,,.'p f': ?!ilffl2tt I i2 i; i? bairiers` and contribute to ind ;- ,,1"juaI and i�tfni ;y self- l it?Ci eilc I<nzl,cnnent has i),' -n well 2 "C'Cei�".'.d in liiliTt'.)l.'islt'E Jiid }isy,r. tl C '- -,-wiu lit;y. El,ort5 rr,. unde \ ay o ,k,ork i with iliany non-profit , -,OupS t.o �.Itr.'£h.;li a COiiti?7�itii €'b n spun, plan ha veld {f ldiess the ti'e €y'' d }'.1aII11C flrld cultural needs ill Iillmokalce. FENI.A and Staie approval o! "Iae Collier County Local %Iitlgatlon `strategy \'01-t:4ng. Group l YI< � ltat¢vc s from all sectors of � L M-INe i 30 11 the c n unuil.vv ILF.- been i,IO�t s .esstul in developing disaster mitfnatiofl s".1ratef_Tie^., nIitiettivz 8, and prolecis. C un -ently Lhe LlVi`.`WG is eligible for ahnost 3.5 nitlhon dol, ar� iti i211t1£s ;1tt :il pf "ojcCt grants over laic next IS months. Page 37 of 47 .,_..1V °,genda Item Ike. 9G September 26, 2006 Page 66 0,1198 I3i`�i�.. I t�. P lt�t._ if 1��. I i ;.. "31't >tf;�� 4° �. )2Tlr a i�DU E-'w ie t [.Iell,li[.ilt -All. li�� !! ?.,11711 €117..1 t +I+l:]niln .St11 I t- , 'r ,ftji ?? 1L'I " "i_' ',1l CVI'C7Clllt`ti, 'c °ti e. {'Iitl le2l +�:C1) :iCldl Jiff! tlti pliik'nill5 n .cC.S 111 1'andelnir . 1'l�e,e. vvarkin�3 r(lul>s eornrnunicate and plan regularly. Of note Ilas been tllc itl titut.i�n1 of rfnutin, cc�inferellce calls and mach -up radio communicatiOn SySt°lsl 't SL with ill hiospital(,sy mcident rTma.na,, -' i ^ -nt Cc i t rS. t:'sirl'! the lessons 'liurrii: rles.:,wrme ordinlnccs 9 -I_ n and :.Slid t �?I7ii" im:d tftli? ol)e overatl amend -mont to the Code (If Ll-1 'S & Ordinances (Codc-), in Secs. 38 -1 through 38 -55 live, article 1, T "ost Disastcf" a �rJ�e ;l li 1 i.�t r l xtik 11on F Force of Chapter , 8, C'iVi1 The "final" amendme.�t Was approved by the BCC on July 25, 2006, b. Build more teamwork within the fire and emergency services throughout the county and the municipalities. Response: Emergency Management has maintained a strategic exercise working; *rt ?lll?. 1111ti I'ovp in ide up o1 h'" spitz, is. rii"j1(lr i. tlrL [ll1 ^l�, liit�` t ti)ri. <InGnt, : e group n. cts on :i r�gular ini 1ti sC4, tieE ?3tilc11S nd n'l ^1i 1 I 17ii iS tl:) n ?i illnl' + irci(ti and cic,tit?11 j1 %34t :ill CC ?IaZi17t ±' ?lt} haled .x is,2s and drills. but comitlunicates regularly on issues ors-Ic:rr elarld F unity and F'arnr3enlic pn4paredne>s. c. Build additional force and supply capability to allow Collier County to become more self - sufficient for disaster response and management. Secure warehouse space for a Logistics Center. R'v1;j1:MS, I': "c' roll \'. i "tilt 'n�S` J.'i`rliCii1 I "i:lti 4�'1;UI "t l r�.s:leCi space on an :;rl'iii:l{ illn(i tiei:,�,011 %11''<:•f:; In SUP t (irl 11 It"' +giv \c,i] 1l l€ velltor's' ctl +uppiiesX—id e uipnlent. C e�llier C'aunty Flrier ertcy P� rill f <� _,, tlt continti s tit huild a 'basic inVe112 )T v' C1`(IiS is t`:r Siil3p lit ° and :gulp,,-Or -nt t ) minlillize the dch).y ,,r ei e'!r', ;nt Il`_ ?fs - orl outside rM'sources. d. Continue efforts to close the gap on emergency shelter needs through PUD commitments (facilities or "in lieu of " donations). P6. ,s anst Significant ii p-io' ra nt Ir, atilt spa,: u' has been - i tchiC \ cd ;rl c4n.) _ti:rTttl�,1E .�;tli Collier C'c�€.niy District Schools. 1 Ins ��n .y anaije rnent has CT j4s�'C?il In C" f. h: nt v,oi1 li -!Q lelial -lo isilltn \� ith Ole School Fjih l;C', in the 1'anning of n, - %v school'> ?'vith shelter s -pl ce initlal)v ,and' tro-ii(itil'_' Of c7 isnll -' f. /,C, x ,. ( "Ira its. 0 inierr - -st is the ri��cc'nt prchminar�, grant g� 1, sr j �; °t it +; �' � k t 11.1 `St: °t. s i J rti'iii iTt)111 the S me tt} {fit U ,Ild IIn :811 a 1 rnt2 'o'�' att tl �i g`°,n'"r or at v•vo c,, �.... C+ ,I I it `rC ,t •Inti? 11'1! �( ?; 'iJn IaLC It S <i, ti(ili,S S-11 -o .ld .l C..ini -zz, I tis' l >;t 117 nnfxIliln, . <lr lir.at, 'i\, imprC V1 ntr ii4_�Is Iin+:SV1CIe.Cei`tS, Page 38 of 47 Below Standards Meets Exceeds Standards Standards 1 I 2 3 Rating_ Page 38 of 47 till l u lien" ! ',3, 9G Sapteirber 26 2006 Page 67 of 198 3. Reach final resolution of the Everglades Airpark. Need the BCC to determine whether to continue pursuing the transfer to Everglades City or remain as part of the Airport Authority. Response;: Met Nvith Tvlayor Hamilton and his new attorney October 1 2005 during_ which tine the I�,tayor expressed continued interest in t;-linsfer of the Everglades .. e l_ ti, °•t21iLL hrc! id,:d the C'di�''s u tit; nurnerous documents, No 1 ;ave llec i 'I will t c C Cty' regarding the transfer. (As a side mate, in tats October Everglades City Hall was i' .�i2�_'r d Gii.ii ( El,t7t iC du-to dal -naLe i'()M li; IrlC :?i t }rrilfll l.} We will push this item forward once Everglades City sets back on its feet. F Below Meets Exceeds Standards Standards Standards 1 i 2 3 Rating 1 K. Increase the tourist tax revenue by 10% over FY 05. Increase summer hotel occupancy by 3 %. Response_ This goal should be accomplished by the cnd of this fiscal year. We vxperiericed a slower than usual high season due to warmer than usual weather in our nor'chcm feeder markets and a sluggish economy that left many "baby boomers" -._._. ' <<. Barrir;<r a stot my ::umnier and fa, l, we should reach a 10% increase. L. Open the NCRP Water Park and Community Centers with fully trained staff by May 26, 2006. Plan to have a soft opening in late May with a Grand Opening by June 3rd. 1? esporisc.. "1'De Nc' cep ^,:ncd to the public on .tune ll, 1006 at 1 :w) t,vith over 600 people in attetldancv_ Slaft was t:-ained and ceal.ified not only as Iffeguards but also ob ain d vv«ter park .ertili'�ation_ Delay in park oIx -ring flue. to Hurricane `; "Ina (f; Below Meets 1 Exceeds Standards Strandards Standards I 2 3 Rating Page 39 of 47 B Meets Exceeds Standards Standards i Rating L. Open the NCRP Water Park and Community Centers with fully trained staff by May 26, 2006. Plan to have a soft opening in late May with a Grand Opening by June 3rd. 1? esporisc.. "1'De Nc' cep ^,:ncd to the public on .tune ll, 1006 at 1 :w) t,vith over 600 people in attetldancv_ Slaft was t:-ained and ceal.ified not only as Iffeguards but also ob ain d vv«ter park .ertili'�ation_ Delay in park oIx -ring flue. to Hurricane `; "Ina (f; Below Meets 1 Exceeds Standards Strandards Standards I 2 3 Rating Page 39 of 47 E [7 M. `,geoda Item I'�o. 9G September 26. 2006 Page 68 of 198 Implement the beach access initiatives to include land purchases, retention of consultants for construction design and permits and develop an inter -local agreement with Rookery Bay by June 30, 2006 . Response: The County made an offer on two residential lots on Keeyv aydin and two 0!1 (TU I t Shon., Boil, were rc °1G C,I ' j. Staf ft [1 ' illti (' niinti tl thC ()U:'S 111 Of , 44 1 ::' >C. tj11 ct 'r'ti1t71 rind iti ii' e til L, v ith �it�,Cr� 7A its prCtl'ICIc '1 ?� °hlli t() ?ht' 4,.li e i}�1 ned rt "c^ l (In Kcrevwavdin. .'al ,!'_iecincnt leis be .i't drafted and both Rookery Bay and the County Attorney are currently reviewing* the document (.tune 2006). Staff has retained a consultant to design and permit the boardxalk /restroom at the southern tip of Tigertajl. Staff has temporarily opened the Vanderbilt Inn beach access (access #8) and is currently coordinating permanent improvements with Signature Communities. Two additional lots have been purchased to provide overflow parking at Bayview Park. Vanderbilt parking garage was opened March 4, 2006. — N. Develop a comprehensive land use plan for the landfill property, locking it down for our future solid waste management needs. Response: The Integrated Solid Waste Management Strate1gy fully addresses all „ppkC "t `v i�fislit ,tiUr;; Fi.S4'ill to X11 -Ti1 :dlK1 prq- ,are,.' iuT'.i•IC COUfrt'« S "ohd kvage �trcaan. Several major capitalrvimprovernerit. projects have been. implemented to build the `7 I han I;' -,ilEl 4lli '.1 ' t.114 ( iTtlnl� - LSiilj �i� [c7 4ir�3Pa. T11C?Sf pro include s Board , %M r� l for Develtilli Ile, it cf �,1.?litj �� tilt 1'<irk t' i llli ' Completed Site Plans for the Naples and Iminokalee Recycling Centers • t,�omplt'te j ' [tea "i7Tc4ttirkil 1'I'ixEs l '�trr III,: n-htld l Center Completed Architectural Plans for the New Scale. Mouse (in for Permitting) Cotrlpleted Architectural Plans for the Immokalee Recycling Center Diversion of Municipal Solid Waste (NSW) materials from the Immokalee Landfill, and the new flexible and responsive Collections Contracts will continue to optimize m.SW operations designed to :a.ipport the County',; growth at a fair and tL:nsonable price Ior Both cone nercial and residential customers. Also, we are developing and researching the next major initiatives for the Solid Waste Maragemcnt Strategy to be presented to the Board in late October of 2006. , This plan will seek to provide options for Collier County's solid waste manac ement needs for the next ` +0 years while preserving the valuable Naples L.indfill airspace- to summary, we have updated the stior - and long -term strategies for the Inte rued Solid Waste t,,Ianz gement Pno r arn, including waste l4 iuction and div rsjon, recyclable N' top rwtt'�:11nW cai-i i.te .n ln,,. iT'.S..1F S �tll JV "Ci't':llt`iT171�'l" F'�.6t 4'Sti. 1lT tT t �iylt' �i1i'thL r1t? allead" plan ftlr the ticxt f} Vein ?.. First step is a BCC workshop this fail to outline our .vision, parl-xose, method, and end state. Rating Below Standards Meets Exceeds Standards 1 standards 1 a 2 3 Ratinq Exceeds standards 1 N. Develop a comprehensive land use plan for the landfill property, locking it down for our future solid waste management needs. Response: The Integrated Solid Waste Management Strate1gy fully addresses all „ppkC "t `v i�fislit ,tiUr;; Fi.S4'ill to X11 -Ti1 :dlK1 prq- ,are,.' iuT'.i•IC COUfrt'« S "ohd kvage �trcaan. Several major capitalrvimprovernerit. projects have been. implemented to build the `7 I han I;' -,ilEl 4lli '.1 ' t.114 ( iTtlnl� - LSiilj �i� [c7 4ir�3Pa. T11C?Sf pro include s Board , %M r� l for Develtilli Ile, it cf �,1.?litj �� tilt 1'<irk t' i llli ' Completed Site Plans for the Naples and Iminokalee Recycling Centers • t,�omplt'te j ' [tea "i7Tc4ttirkil 1'I'ixEs l '�trr III,: n-htld l Center Completed Architectural Plans for the New Scale. Mouse (in for Permitting) Cotrlpleted Architectural Plans for the Immokalee Recycling Center Diversion of Municipal Solid Waste (NSW) materials from the Immokalee Landfill, and the new flexible and responsive Collections Contracts will continue to optimize m.SW operations designed to :a.ipport the County',; growth at a fair and tL:nsonable price Ior Both cone nercial and residential customers. Also, we are developing and researching the next major initiatives for the Solid Waste Maragemcnt Strategy to be presented to the Board in late October of 2006. , This plan will seek to provide options for Collier County's solid waste manac ement needs for the next ` +0 years while preserving the valuable Naples L.indfill airspace- to summary, we have updated the stior - and long -term strategies for the Inte rued Solid Waste t,,Ianz gement Pno r arn, including waste l4 iuction and div rsjon, recyclable N' top rwtt'�:11nW cai-i i.te .n ln,,. iT'.S..1F S �tll JV "Ci't':llt`iT171�'l" F'�.6t 4'Sti. 1lT tT t �iylt' �i1i'thL r1t? allead" plan ftlr the ticxt f} Vein ?.. First step is a BCC workshop this fail to outline our .vision, parl-xose, method, and end state. Rating Below Standards Meets Standards Exceeds standards 1 2 3 i Page 40 of 47 0 .'ia%nda 1:enn kic. 9G September 26, 2006 Paae 59 of 108 O. Address the Reclaimed Water Master Plan and Policy. Develop a policy to meet the growing demands for customer irrigation water needs. Response: Details fair an Irrigation Quality (IQ) Water Master Plan and IQ Rate Study are staged for execution early in the next fiscal year. Completed 5 year long permitting process for IQ Water Aquifer Storage and Pecovery (ASR) well. First I/Q ASR has been successfully permitted and four are on the way to be permitted and on line to meet the demand using low demand wet - season projuction for storage. A scope of work has been dove loped and assigned to the contractor for a Wide .�r4ti Net%vork (WANT) that will be an integral part of sever plant operations to meet the demand using all as:5ets. In the process of finalizing development, similar to the existing Water and Wasttwater Master Plaris, of the Irrigation Quality (LIQ) Water (: rtiidirn Principles and Policy. Completed first draft I/Q Policy and developed a scope of work for the Master Plan that is anticipated to be ready in the Fall 'OED. Below Meets Exceeds Standards Standards Standards { 1 2 3 Rating P. Work with the Florida Government Utility Authority and the City of Marco Island to facilitate potential bulk service agreements. Pe no "': Established a cooperative agreement %,ith the Crty of Fiarco Island to aein-°r bulk potab €c water to the C it•,�, BCC approved the svi-vice a =recm nt. in May 1.N1 6.. Ha vc established a *.o:>d relationship with City staff and €ea&r• ;hip based on ... w! .•1:1 i..l'.,..� € „l:, 'i -� 1,.1:i',�Ii (ti '�I- i:','1 _ti '.il .14:I1Z't:ril� 1tn il:ri' h +, "cti�,il'ia :,:',a -1 Si:� I °vets and st —,?i2 t-SCiFWardness in our negotiations. FGUA ern the other hand has beef a.I usi� e �tr'�et. During 20'04, we had a series of conversations with l'GU,A on the topic of providing bulk wastewater service to Golder: Cate City. On Febrwtry 4, 2005. we sent a ;otter to Charles SwCat �vlth a copy of a proposed wreement with a pro )oscd bull, rare. 1 he siudy was by ail independent rate consultant, Ph?14f. On April 14, 2005 staff nnet with Davit 'Orr (FGI IA) and their engineer, ltl €. ,14:11 i:'�. ?.- ._cj ='* f .Y v..� :.l:i`:•. i l�;t .'hV.t;!Li ihorou hl;. 39 d Oily\ plon'liht_i.l I() L1_1 t•_. :i5 :t'i? -Iii I °_t &Vs on f;IrthG'r d;sCtL hail. ! 11e C"All S'.L`vtfr c:: niT ,, and %ve ti;,ov i ,vrie_.G to reirAtiatc `�vittl 11t le i { Below Meets ! Exceeds Standards { Standards Standards 2 3 'Rating l Q. Develop an overall, 20 year capital funding strategy involving cash, commercial paper, bonds, and SRF funding for water and sewer capital projects. Response: This is still a wore, in progress nut we have accomplished a lot in i a O6. Al �lii. { {• ?t3;:��,�'"E.tt'ii73I has a 20 yc it plan in place. But as we would expect it shows a shortfall of capital dollars in the out Vears, st)m S-25O 4 because ofthe ever increasing cost ofroad Page 41 of 47 Ni 9B September 26, 2006 Page 70 o'] 198 cuo|d/:cdh_.dC}1 �:i'to:cb S\jE}. pl}Dbaaa inolucc`om1TCsposd/n,_, 6 11 `hhjx�on| �iordv m/hc ��a��z P\zr�undcon�pr��n//r�m�� v �cs nc in��m� ` includes the ability tumeasure and rationalize our -_11c structure, to predict the impact on rates, when operating parameters are modi�ed,and, \opmnray the mi|kk�' �mpiien��`�lh- ddcu{ �� s and cash momm�m�� This plan u|oo [mm�y the key component,, of the tactical monthly financial inanatiement, and status on reporting required for strategic financial requirements such ao the AOlR. PWI)has obtained lO0Y6approval of low interest State Revolving Funds applied hor uo\cor indication o{ tile xtrnn,_--1ho[ the utility debt pa!`nent coverage ratios, and capacity |o hmnnw. PUD has u|ao�onyisto�A�obuuiu��c{�an uu6i, rcponc �om �x�orn�\ auditors. and the auditors frorn the Florida Departrilent of Envlronrr,crital Protection (FDBP). We completed all our preparation for the external bond rating, agency action this j�a8` witb u clear plan for the /bUow on bond issue and approvals. PDD is tasked this next year touxnund the � �� nynci�lmod�\oulto2Uy�a/o. SD - huuo\ungrunge Duonciu|plsutucx' uue,the Musnor Facilities Plan approved hy the BCC in 1998' Tlzo plan *omsuppos*dtobo totally executed bw20)7 but will be lucky tobo cm-'`}~ cxeby 2025. BCC guidance oMthis years' 4UBK will only compoundthds slippage. /8[ has also hntirnd a financial plan on execute the 10 year backlog gof '07 v,i7i he the fir-it rudLe / cscn, (unnty f, cUitieu, P� '`^r� nCrmce 11crnx 101, pn roC the next Wnto eliminate this backlog. PSD - Buso|ongrangcpluutu i, tmt ~their AU|B requirements, only. Pushing ioFYO70o develop u{om- financial view /n |6ioo/l�unizuhon. The camof'45i Study may push the financial [�eaaibi!i{yo[all -~ present nlaoa beyond currcnUyCnv`uiuomd financial source capabilities. OMB is capturing these divisional plans presently and will provide composite when the east of 95) 1 study results are known. &I R. Implementation a new automated "caps track" software application that will 'd�a^�laab�oaz�^`f�u1urot�roo-doozand project status �o�o r� � Response: Guided no-gminge�oMsto improve and refine the capital projects n�uxa��mc/n �o�kin�ondrcpnom�pn��s� 8tr��m|�oc� |hvr��onh�� make iteasier tu review 8-, evaluxc ectn and iotermted(}lSinuoJxcprtuentao»on I7nrkin�w0,DBiru�u« oni�n7)cm,n:ai"no[mcxoo1ocnxurd~czpsu�ck- ��a��wU{pmvi�s��`��d�� g�N ' 's� � \o1upp|��m� � b� d�h�,d�� to CM (�� Rating Below Meets Standards Standards Exceeds Standards Below Standards Meets Exceeds Standards � Standards R. Implementation a new automated "caps track" software application that will 'd�a^�laab�oaz�^`f�u1urot�roo-doozand project status �o�o r� � Response: Guided no-gminge�oMsto improve and refine the capital projects n�uxa��mc/n �o�kin�ondrcpnom�pn��s� 8tr��m|�oc� |hvr��onh�� make iteasier tu review 8-, evaluxc ectn and iotermted(}lSinuoJxcprtuentao»on I7nrkin�w0,DBiru�u« oni�n7)cm,n:ai"no[mcxoo1ocnxurd~czpsu�ck- ��a��wU{pmvi�s��`��d�� g�N ' 's� � \o1upp|��m� � b� d�h�,d�� to CM (�� Rating Below Standards Meets Exceeds Standards � Standards I __L Page 42 of 47 Agenda Iterin !','o, 9G September 26, 2006 Pacie 71 of 198 S. Finalize EAR base GMP amendments and vet through CCPC and BCC for transmittal and adoption. 'Pespo,nsc: Conducted the 1`61'k)wing 0-'PC and BC(' Workshops: at, CCPC EAR-Rased CYMP Amendments Special Meeting — Mardi 6, 8, 16, and 30, 2006 BCC EAR -Das,_,d G N4P - %.-ncridlnc-nts Special Meeting - Aprill S, and May 16, 2 0,) 6 E'\R io -,vidi t7ii-,�J;jdopilon sCi for january bit' the RCC. The CRC was received from DCA In July, 2006 and there will be subse.tjucnt reviews by the C and CCPC prior to the BCC adoption licaiing. Staff will continue to vroric, toward approval/compliance during the next fiscal year, Below Meets Exceeds Standards Standards Standards 2 3 Rating T. Finalize all the required Impact Fee studies -- most notably, the school impact fee study and vet through the Collier County School Board and the BCC. Update Transportation Impact Fees. Response: Completed the following (All Twelve} irnpact Fee Studies Z�. C on-e- tonal Fac ilities Impact Fee Update Study (Septeinber 2005) - first update oi'tht; Con-ectional Facilities Impact Fee since its adoption In 1999. helm ecn th- i County and the 5 Independent Fire Districts. date and adopLlion of year upu ETAS liripact ee Up '!t S'udy - requiied 3 inrdt�.xirt.g, provisi(M.S S v -, and boat aCce.ss Pa7-ks (x"-) 1vpact Fee St tudy - including 3 new b�� _1 -im -v �ct --c tc Sludy this study was dire"tt-'d by "'he -'BCC basc-j 0-11 T inipi Jpda s 11 111CIVL'StS 'In uctloll cxfs tron thi- la�t -"'Uav C w 1. A r 1 - d U 11 f. - 1'rans-portation Inipact Ft Upiaic Stu'y - n u'r-d 3 ycarundate 0 S_chool InIpact Fe'_ Study - first update of the School inipact, Fee since 1", in ! 992. This tlidY ty2s comp}ete,4 by'l'ind'ale-0i ivorand Associate--, r -n a c first t fliz- cons,_Otant contract t?:, a s t,-- i inal d. P thc Law Eniorcz�nii_ni impact Fee adl(optEA in 2005 to rciflect upu+ftcd !and and -"nnS ruction co;;'s as vveH as rcquisii'� credit's cl I I-,!, a[ Go ve-,-n :-, ie it B u i I di ng In ac '7c- J t I 'I v 2 2 Governn)Lmt llu:ldinzg laipa,.:t Fo,,� ad.,,)pked in 20,',-14 coinipleted I yea.r "arly 'IF - n -� 'o veflect the Inc i-��_'Sos In construe! i" n and land co'sts ':veil �."s N �11L-ins! the h 11 a _M'-)Un", as the 1 °:i adonted With I'lle "llree yc�ar phased it2 'Ulf al Ion. wc-ctional Fcflili_� hrpact Ft -- the Ind: xii g d e for t] -tc Coriuctional chanucd fi -oni Novembcrto X-lay in order i - 'a -nture lh�� Page 43 of 47 Agenda Item No. 9G September 26, 2006 Page 72 of 196 ?`'nift lnt i icr I eS In Cln t1Lle tiC;Il COS IS S; and cii€ t i �i7i1�11 ()f trtC tsll upu<t and tip the indextn;y prior to the cnaetm.;nt of proposed le { =islatiOn relatt-d io Impact fe,,s. o %VaLCr and Sevver Impact Fees — Updated the fees to coincide with the Water and er Master flans, BCC adopted on June 6, 20W Super Ef ol-t ". Rating Below Standards Meets Standards Exceeds Standards Below Standards Meets Standards Exceeds Standards 1 2 3 � U. Implement the County -wide affordable housing impact fee deferral program. [zc;s,c.�ttt:: Suci�:ssfiilly dc� elc >pcsil :aitd mplenic:i7ted L.c +unt4-��•id. Il'•" d�ierral prr,��ra.tn for affordable housing approved in late July 2005. Recodified tite Division's policy for Affordable Housing "fast- tracking" policy to include a "partnership a =.tro4ement." Created Affordable dousing packet for potential developers. Also management of the Collier County Impact Fee Program. Effectively implemented and enforced the County's Impact Fee Program. Included the collection of approximately $113 million in impact fees, mana--ement ofall Developer Contribution Agreements - related to impact fees and the Immokalee Residential Impact Fee Deferral Program which currently includes over 120 active deferral agreements. This year, the first ti e:irof the Coujlty- 'ide linpact Fcc d; lCrrzal progmill, we &Ferre-d i'llp c" J`ees on 130 new homes, for a total of $1 230,300. All participants are low income and 1tr: ni t1CyiY t' li 1'r," nl-niitit:lcr: in ii'lt County +.vide pi ram. cs ti arc rCl�iltj i l the impact l'o —, trust fund accounts (with 5% interest for the first 5 years) upon sale or refinance of the homes, keeping the trust fund whole. The Immokalee deferral prou rotait has no interest charges. V. Develop and Implement a Multi- Family Housing Recycling Strategic Plan. Multi- family housing is a large component of residential housing in Collier County. Recycling opportunities abound in those households provided there is a process and physical location available for multi - family recycling. A strategic plan is needed to identify ways to increase recycling within multi- family housing and to provide the mechanism, political or physical to ensure compliance with recycling initiatives. Response: Although the multi- family recycling program has shown improvement, it needs additional development to bring it to its full potential The program has many challenges with implementation such as language harriers, contamination from trash, reluctant participants, and non - participation by property managers and residents. Page 44 of 47 Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin � V. Develop and Implement a Multi- Family Housing Recycling Strategic Plan. Multi- family housing is a large component of residential housing in Collier County. Recycling opportunities abound in those households provided there is a process and physical location available for multi - family recycling. A strategic plan is needed to identify ways to increase recycling within multi- family housing and to provide the mechanism, political or physical to ensure compliance with recycling initiatives. Response: Although the multi- family recycling program has shown improvement, it needs additional development to bring it to its full potential The program has many challenges with implementation such as language harriers, contamination from trash, reluctant participants, and non - participation by property managers and residents. Page 44 of 47 Item N;o. 9G Saoternbei- 26. 2006 Paoe 73 of 19-3 plan has been In pk:mtTi!,zd to aaor and c-1hance the program: Pedcvelopment .-if ,he current educational outreach campaigr[ to include Spanish and English broAiures., posters, and inedia advertising aggressively promo*,mv wasie reduction and reevchnu. The Loo-,- "Ferri 1-i'Learat•d Solid Waste Management Facility 01-.)tions Workshop to bc; held in November 2006 xill incorporate research on methods to increase the rec-,,cling, rate at multi - family complexes. Develop a strategy with t12e franchise contractors to acquire data that separates multi-family 1,R)III commercial waste tonnage possibly through a contract amendment or ordinance, allowing better identification of ilie multifamily waste and recvclinz stT-L-ims, increased participation rates, and the ability to focus on enforcement and puNicoutre-ach. %vidi the Plx-imm-, aml L).1-pariment. to iniiiiate n:vic%% ofnel-k "ite pialls to for ro"N'C!Ing Containers. • Obtain multi - family data from other Counties for benchmarking to assist in ne -vcl m-, aoals lift Coil'er 0-mill.". Commue [o 'I&INXIon 'ITIC4, inlpienwnt'!"Ion of the -N C L a( es -itV 'ina conlpj'afl-'%� --Ild -i ;be incomporaicd -areas (current LI 07L�' P" quincul '0 '�7-VVilnia iind polii"�.'-:[] 'm incorporate,11 areas). Looking Forward: 2• -)r the J( -it 1--10of 1211 i't multi - ,-am0v residents of Sunshine Blvd. in Golden Gate City, covering single recycling and the proper laulLy iten-:s pick up rjroceduro will be conducted. • AL-au;t - Dtcer-ih .r 2000, as an ong, ing cnhancern'--nt "-)f P11JI'Lli-i' "mil y ', "asie lVianctnemel2t, Inc. Will I-)e conductin- an imenlcr-y and identifying r;;cvJino ' arts In -multi-i'anuly lhou>irtg units nc-edin- icpair. • St--ptcmb--r 2006, a borhood educaLiantal is DelliEt planned for the H)"'i, V"aste inc and' So.i 'd VVa,;te Mana�_tnent will r4.;' '-i -a-,ional 1-[ter \A-th sin�,,- formxLion for multi-fam"IN, suin., a io nt 20*1)6. trm frittan-a-itd Solid IvVasic Management Facility C)PJ(-'J-'s will pmvldt benchmarks of successes, -in o`.her communities �imjlarw Cc flier Cour,,ty TT)U4!-i�flT,;JN' N.CW!IrW paiticlpati m is above St-ptcn*,cr '-006, letllers !o he --nt to City of Miples, City of Marco and E't:-E�dades cli"N: ll�, tiMeline (of' 'adkviion of . a si . ri-lilar recycling ordirm,-,ize for crInj, -jel-C; 'I ,, tau- -t 20C 16, Sunqhj-nI- B�vd. in Golden Gat,-, City to a%sess the nuinbvi- ot in - :m 20P on Single stream i-tovc1in'- to multi-to -mily Julv 20,06, broc-Ilu-I't's on recycling to several complexes t1lr(3II41, The ma;i • July 2,006, o-ne-on-3ne --on-'-ultatlicmi -,A,,as prmllidtA to W01 Fe !iPan- men I, S Page 45 of 47 .�,genda I'Lem No. 9G September 26, 2006 Paoe 74 of 198 'V • September 2004, contacts were made with 24 Inulti-family complexes • Ao-t_,ust 2t 04. coutacts wtz!renlid(. with i\ Till III i-fawdy cowplo"xes July 2004, contacts were made with 27 multi-family complexes • June 2004, contacts were made with 20 multi - family co , lexes • May 2004, contacts were made with 17 multi-family complexes • April 2004, contacts were made with 6 multi-family complexes Below Standards Meets Standards for recyclin,, containers • May '1006, educational outreach was provided to Carlton Lakes Condo to 3 enhance their recycling program including recycling brochures, to distribute to their residents • April 2006, multi-family surveys were conducted during the Water Symposium, jo%,e1'jlMenj DaV at the nail v, gather infon-natiOn Collserv.-licy"s Fa,.rth Day and (_ on complexes that do not have recycling or needed assistance • April 2( K)6, Berinuchl Bay 11 -wns provided recycling brochures to distrib, Lite Io their multi-family residents as part of the enhancement for their program • M irch 2006, a meeting was held with Am,_ela Combs the regional nianager f4or Heritage Apartments In Golden Gaic, to assist and promote recycling • January 2006, an educational presentation was provided to the multi-family homeowners of the Villages of Emerald Bay • January 2006, an assessment of the Port of the Islands, Cay Condos area was done to roinsiate recy6iri,,:,, for that area. 24 conuai ners were deiiN,erl. j- i't"'r recycling • j,11,ju.-iry 200t) One I lundrcd recycling brocitures and fnagrtets v.,ere proOded to Pepperwood Condo Twcr (,_)clobt.r 21005 -- Januan, 2000. Solid \Vaste Pvjara2cment siz� dedicated to Hurricane Wilma debris removal efforts • AUL'u"t - S;•.Dlclnhor _'iT05, monitored deilvcn- cif the newsin,1,110 stream recYclilltz cans Juice -July 2005, visits/inspections/contacts were made at 36 sites containing 238 newly constructed multi-family units representing a po,ential for 21 cubic yards rccvc !ah Ic 111-iz�rial • April-May 2005, visits/inspections/contacts weiv made at 58 sites containing 290 1jeNkilv inuli'l-l-W11 0V Ullils 1-CPI-L-senlim-Y a Poleralal for 27 Cubic yara.; of recyclable material per week • March 2005, contacts were made with 10 multi-family complexes 2%)(i,5. coniaot,� ,H'crc niade w0h 41 n) Lill • January 2005, contacts were made with 7 multi-family complexes • k - I I i-almly D,��ct:nnl,-,.,�r coillacls 1113d�.� 'A ifll '(1 Illu ti- ' ' • Contact was made with p--n-nitting to obtain copies of occupancy peril)jits issued for new complexes • Novernber 2004, contacts were Mide. with 20 multi-family complexes October 2004, contacts were made with 20 multi- family complexes 'V • September 2004, contacts were made with 24 Inulti-family complexes • Ao-t_,ust 2t 04. coutacts wtz!renlid(. with i\ Till III i-fawdy cowplo"xes July 2004, contacts were made with 27 multi-family complexes • June 2004, contacts were made with 20 multi - family co , lexes • May 2004, contacts were made with 17 multi-family complexes • April 2004, contacts were made with 6 multi-family complexes Page 46 of 47 Below Standards Meets Standards Exceeds standards 1. 2 3 Ratind Page 46 of 47 Noenda item kc). 9G September 26, 200E Nape ?5 o; 198 W. The new Employee Recognition Program will present a multi- faceted approach to recognizing employees, both informally and formally. The program was devised after an employee surrey was distributed and an employee committee was formed to make recommendations. Response: Numerous employee retention initiatives were implemented this year including a retiree health care program, 457 contributions, accelerated vacation accrual, improved vacation setl -back options, and the biggest initiative so far is the out of a rlc ",, i'.Inrl V12-C ReCC11111t1i? 1 t TOgram. R.c9couflizim -, il,at tk, are Itltitny� personnel after only 4 !2 years of service, we implemented a "Thanks" pro, im which includes "On- The - Spat- Recognition. We are well aware. that employees want recognition for jobs well done and happy employees are more content and hopefully will stay with us longer. To this end, we have hired an Employee Recogmition Coordinator who has the energy and commitment to make sure this program succeeds. Training has been provided for all Admini >mitors and Directors and we have high hopes for this program and intend to monitor it closely with an eye to make improvements. The Program is described in detail at Tab 10. [-Rating Below Standards I Meets Standards i Exceeds Standards Below Standards Meets Standards Exceeds Standards 1 2 3 X. Stabilize and increase the professionalism of the PSD . All open Public Services Division Director positions have been filed. All selected bring decades of professional experience. Response: In rearing the pros essionalism of the division staff through training and new hires. Mired 2 Department Directors -the are completely staffed a€ the director level throuEhout the division /the most r =.rent hires have a MS decree and county experience. Each department has reviewed their training schedule and continues to provi,.1e staff with timely and appropriate training. Tlit -re are 5 titles currently under career prrfgression development (PIO. Case lr, angers, ACC, Reference Librarian. Parks and Recreation Maintenance). i Below Meets Exceeds Standards Standards Standards 1 2 I 3 Rating i Y. Adopt the 2030 Long -Range Transportation Plan (LRTP). Re.sl orr.ze; The ?i 0 Nleeas anti (': st Fea iiil LI' TP's have been approved by both :`te ".riP {,i am i c ur l tlsi a °rr k,*trortall��, the 2015 Interim LRTP has be °n pprc) Cd. Page 47 of 47 Below Standards I Meets Standards i Exceeds Standards 1 2 3 Rati n Page 47 of 47 Acenda Itenn No. 9G Saptember 1-6. 2006 Page 76 of 198 Tab 1 n f.� 2;PC8 i enl', pa-j- 77 of 198 Jim Mudd's Speaking Engagements FY 2006 October 11, 2005 League of Women Voters 8:30 a.m. Boardroom November 16, 2005 Headquarters Library — Homeowners Association 1:30 p.m. Presidents Da November 16, 2005 Country Club of Naples Homeowners Association 7:30 .m. November 18, 2005 Re- opening of Vanderbilt Beach Access #7 10:00 a.m. December 12, 2006 Golden Gate Area Civic Association 7:00 p.m. Golden Gate Community Center January 12, 2006 Temple Shalom Men's Club 12:00 Noon Temple Shalom, Pine Ridge Road January 18, 2006 Wake Up Naples — Chamber Event 7:30 a.m. Hilton February 3, 2006 President's Council of Greater Naples Property Owners 8:30 a.m. Associations — Fifth/Third Bank, Goodlette Road February 7, 2006 Big Cypress Basin /SFWMD Governing Board 2:00 a.m. Hatt Regency February 22, 2006 Government Day of Greater Naples Leadership. 2:30 p.m. Board Room March 1 -2, 2006 Washington DC Congressional visits March 4, 2006 Vanderbilt Beach Parking Garage Ribbon Cutting 10:30 a.m. March 14, 2006 Know Your County Government — BCC 8:30 a.m. and Noon March 15, 2006 Homeowner Association Presidents Meeting 1:00 r).m. Headquarters Library, Orange Blossom Drive March 21, 2006 EDC Governing Board 7:30 a.m. County Strateqic Plan March 23, 2006 Consortium Da —Tallahassee, FL April 19, 2006 District 2 Association Advisory Committee 8;30 a.m. April 20, 2006 Leadership Collier Class of 2006 4:00 p.m. i May 5, 2006 Disaster Animal Rescue Training Program (DART) — IFAS 6:30 p.m. I Extension Building May 20, 2006 Grand Opening Eagle Lakes Community Park/Water Play 10:00 a.m. Area May 29, 2006 Memorial Day Ceremony 19:00 a.m. June 8, 2006 Sams Club of Naples (Spin Off of Newcomers) 1:00 P.M. Twin Eagles Country Club i �,gendla itern Nlc. 9G Sapiertnbwr 26, 21706 Pane 78 of 198 June 15, 2006 Marco island Rotary Club Noon Hideaway Beach June 15, 2006 The Naples Jewish Social Club 6:00 p.m. China Pavilion June 16, 2006 Ribbon cutting ceremony — Grand opening North Naples 10:00 a.m. Government Services Center June 24, 2006 Grand opening North Collier Regional Park 9:30 a.m. June 27, 2006 FAC Commissioners bus tour of County Facilities July 11, 2006 Naples Chamber past presidents and past chairman - 7:30 a.m. Chris s at Carillon August 3, 2006 Congressman Connie Mack briefing 2:30 p.m. August 22, 2006 Congressman Mario Diaz -Balart briefing 10:30 a.m. August 22, 2006 Senator Martinez's Chief of Staff, John Little, briefing 5:00 p.m. August 29, 2006 Tropicana Boulevard Bridge Groundbreaking 10:00 a.m. 0 Agenda Iten^ No. 9L Septennber 26. 2006 �::',aqe 79 of 198) Jim Mudd TV and Radio Appearances /Newspaper Articles /Public Interaction FY -2006 DATE F Engagement October, 2005 North Naples and Pelican Bay Journal — Recycling Carts October 1, 2005 Radio Interview with Bob Harden Gulfcoast Living 10:00 a.m. WGUF 98.9 FM October, 2005 Collier TV Interview — East of 951 Stud October 23, 2005 Weather Channel — Hurricane Wilma November, 2005 North Naples and Pelican Bay Journal — Legislative Priorities November 2, 2005 Jeff Lytle One -on -One November, 2005 Collier TV Interview — Hurricane Wilma Recap December, 2005 North Naples and Pelican Bay Journal — Hurricane Wilma December, 2005 Collier TV Interview — County Lobbyists January, 2006 North Naples and Pelican Bay Journal - 2005 Accomplishments January 14, 2006 Radio Interview w /Bob Harden Gulfcoast Living 10:00 a.m. ; WGUF 98.9 FM January 17, 2006 Ground Breaking — Rattlesnake Hammock Road 10:00 a.m. February, 2006 North Naples and Pelican Bay Journal — Goals for 2006 February 11, 2006 ILeaque Max Hasse Park — Throw out first pitch for Little 9:00 a.m. February 17, 2006 Ave Maria University & Town Ground Breaking Ceremony February 25, 2006 Radio Interview with Bob Harden Gulfcoast Living WGUF 98.9 (Cambier Park Art Festival) March, 2006 f North Naples and Pelican Bay Journal — e -Civis for Non - profits March, 2006 j Collier TV Interview — Impact Fee Legislation March 6, 2006 Ribbon Cutting — Botanical Place 9:00 a.m. March 9, 2006 Cocohatchee Creek Preserve Opening 9:30 a.m. March 15, 2006 Ribbon Cutting Ceremony — Hideaway Beach 10:00 a.m. April, 2006 North Naples and Pelican Bay Journal —Water Conservation 0 Agenda Itenn, trio. 9G September 26; 2606 paae 80 ol 198 April, 2006 Collier TV Interview — Employee Recruitment and Retention May, 2006 North Naples and Pelican Bay Journal — Transportation ATMS - SCOOT May, 2006 Collier TV Interview — Bird Flu Pandemic Preparations June, 2006 North Naples and Pelican Bay Journal - North Collier Regional Park June, 2006 Collier TV Interview — New Strategic Plan June 24, 2006 Grand Opening North Collier Regional Park Sun -N- 10:30 a.m. Fun Lagoon — Radios of - WGUF July, 2006 North Naples and Pelican Bay Journal — Contractor Licensing July 12, 2006 Jeff Lytle One on One 9:00 a.m. August, 2006 North Naples, Marco Eagle and Pelican Bay Journal — Residential Recycling August 17, 2006 VCR Productions — Vision for Naples 4:00 p.m. August 24, 2006 Radio Interview w /Scrap Jackson 1055 "The Beat' 2:30 p.m. September, 2006 North Naples, Marco Eagle and Pelican Bay Journal — Hurricane Preparedness Agenda | N 9G Septembe, 26, 2006 Paqe 81 ol 198 ff4oum ic Agenda Iteli. No. 9G September 26, 2006 Pace 82 of 198 Jim Mudd's FY -06 Employee Messages and Functions November 4, 2005 Communication Meeting with Managers and Supervisors 9:00 a.m. regarding 457 Match and Retiree Health Plan. Board Room November 7, 2005 Communication Meeting with Managers and Supervisors 3:00 p.m. regarding 457 Match and Retiree Health Plan. (CDES Conference Rooms November 8, 2005 New Employee Orientation 8:30 a.m. November 10, 2005 On site visit with Public Utilities Staff 10:00 a.m. November 10, 2005 Communication Meeting with CDES and Transportation 2:00 p.m. Employees regarding 457 Match and Retiree Health Plan. CDES Conference Rooms November 10, 2005 Communication Meeting with Road and Bridge and Fleet 3:30 p.m. Employees regarding 457 Match and Retiree Health Plan. Road and Bridge Headquarters) November 17, 2005 Employee Service Awards Breakfast 9:00 a.m. November 17, 2005 Communication Meeting with all East County based employees 1:00 P.M. from all divisions regarding 457 Match and Retiree Health Plan. (University Extension November 18, 2005 Communication Meeting with CDES and Transportation 1:00 P.M. employees regarding 457 Match and Retiree Health Plan. (CDES Conference Rooms November 22, 2005 Communication Meeting with Library and Pelican Bay 9:00 a.m. Employees regarding 457 Match and Retiree Health Plan. (Headquarters Libra December 2, 2005 Communication Meeting with Main Campus, Water, 9:00 a.m. Wastewater, DAS, EMS and Fire Employees regarding 457 Match and Retiree Health Plan. Board Room December 2, 2005 Communication Meeting with Main Campus, Water, 1:00 P.M. Wastewater, DAS, EMS and Fire Employees regarding 457 Match and Retiree Health Plan. (Board Room December 5, 2005 Communication Meeting with Parks and Recreation Employees 9:00 a.m. regarding 457 Match and Retiree Health Plan. (Golden Gate Community Center December 5, 2005 Communication Meeting with Parks and Recreation Employees 10:30 a.m. regarding 457 Match and Retiree Health Plan. (Golden Gate Community Center) December 8, 2005 Employee Service Awards Breakfast 9:00 a.m. January 27, 2006 New Employee Orientation j 8:30 a.m. February 23, 2006 Employee Service Awards Breakfast 9:00 a.m. March 7, 2006 Mobile Command Unit Dedication 6:30 p.m. 0 • oerica I e€ ,, hvu. gS SEVert fiber ='6, 2006 Pape "S", Oi 198 March 24, 2006 I New Employee Orientation 8:30 a.m. March 30, 2006 Employee Service Award Breakfast 9:00 a.m. April 3, 2006 Public Utilities Division visit — North County Regional Water 9:00 -11:00 a.m. Treatment Plant April 27, 2006 Employee Service Award Breakfast 9:00 a.m. May 11, 2006 TDC — Beach renourishment visit 8:00 — Noon May 20, 2006 Transportation visit — Traffic Management Center 1:00 P.M. June 8, 2006 New Employee Orientation 8:30 a.m. June 29, 2006 Employee Service Award Breakfast 9:00 a.m. July 20, 2006 On -site visit to EMS stations 1:00 P.M. July 27, 2006 Employee Service Award Breakfast 9:00 a.m. July 28, 2006 New Employee Orientation 8:30 a.m. September 7, 2006 On -site visit with CD &ES staff 8:30 a.m. September 15, 2006 Employee Service Awards Breakfast 9:00 a.m. September 28, 2006 Employee Service Awards Breakfast 9:00 a.m. September 29, 2006 New Employee Orientation 8:30 a.m. klopan,�a liem Nio. 9G S�-ptember 26. 2006 Paae 84 0,1198 b3 0 ID i iva hen loo. 'v Sepiernlber 26. 2006 Fame 85 of 1 98 FY 2006 Board of County Commissioners Workshops and Special Meeting Schedule Date Meetina Location October 3, 2005 Pre 2006 Pre - Legislative Session Board Room 9:00 a.m. Workshop October 20, 2005 Emergency BCC Meeting Board Room ' 3:00 D.M. Hurricane Wilma I October 22, 2005 Emergency BCC Meeting Board Room 9:00 a.m. Hurricane Wilma October 29, 2005 Connie Mack Hurricane Wilma briefing. CMCR 12:30 p.m. Also attending Bill Barnett, Bob Lee, Dan Summers November 7, 2005 BCC /HAAB Workshop Board Room 9:00 a.m. December 6, 2005 BCC /Sheriff Workshop Board Room 1:00 P.M. December 9, 2005 BCC /GAP Housing Workshop Board Room 9:00 a.m. January 11, 2006 BCC /LDC Board Room 5:05 — 7:30 D.M. January 25, 2006 BCC /AUIR Workshop Board Room 9:00 a.m. — 4:00 p.m. January 30, 2006 BCC/TDC Annual Workshop Board Room 9:00 a.m. February 6, 2006 BCC /Strategic Planning Workshop H.R. Training Room 9:00 a.m. February 6, 2006 (Continuation of 1125106 meeting) Board Room 1:30 — 6:00 a.m. BCC /AUIR Workshop February 8, 2006 BCC /LDC Board Room 5:05 — 8:30 o.m. February 22, 2006 District 2 Town Hail Meeting St. John's Catholic 7:00 p.m. Church March 7, 2006 BCC /City of Naples Joint Workshop Board Room 9:00 a.m. March 8, 2006 District 1 Town Hall Meeting Edison College 7:00 D.M. March 20, 2006 BCC /Flood Plain Management Board Room 9:00 a.m. Workshop March 23, 2006 Consortium Day Tallahassee March 29, 2006 BCC /EDC- Airport Authority Workshop Board Room 2:00 mm. April 12, 2006 BCC Joint Workshop w /School District School District 9:00 a.m. Admin April 13, 2006 BCC /Immokalee Housing Initiative Immokalee Sports 1 2:30 -10:00 p.m. Workshop Complex April 17, 2006 BCCNanderbilt Beach Road Extension Board Room 5:00 p.m. Meeting 0 1 oenda {per No. 9u September 26, 2006 Page 86 of 198 April 18, 2006 EAR -Based Amendments Transmittal Board Room 9:00 a.m. Hearin w /BCC May 15, 2006 BCC /Bayshore CRA Annual Budget Board Room 10:00 — 12:00 a.m. Workshop May 16, 2006 BCC/EAR -Based Amendments Board Room 9:00 a.m. May 24, 2006 BCC -E951 Study Workshop Board Room 9:00 a.m. May 31, 2006 District 5 Town Hall Meeting University 7:00 p.m. Extension Office June 9, 2006 Post - Legislative Session Workshop Board Room 3:00 p.m. June 13, 2006 BCC /PUD Workshop Board Room 9:00 a.m. June 13, 2006 BCC /Productivity Committee Board Room 2:00 p.m. Operational Efficiency and Effectiveness Study Workshop June 22, 2006 BCC /Budget Workshop Board Room 9:00 a.m. June 23, 2006 BCC /Budget Workshop Board Room 9:00 a.m. August 28, 2006 Emergency BCC meeting regarding Board Room 2:00 p.m. T.S. Ernesto August 29, 2006 Emergency BCC meeting regarding Board Room 1:00 P.M. T.S. Ernesto September 7, 2006 BCC /Budget Hearings Board Room 5:05 P.M. September 19, 2006 BCC Workshop /Panther Mitigation — US Board Room 9:00 a.m. Fish and Wildlife September 20, 2006 BCC /LDC Board Room 5:05 p.m. September 21, 2006 BCC /Budget Hearings Board Room 5:05 p.m. September 27, 2006 BCC /EDC Workshop Board Room 9:00 a.m. � Agc -nda lienn No� 9G Septem'Der 7-16. 2006 Page 87 f 198 ln;KIA 9 AI %4-- 0 L. 0 U. MR Cl) 'agenda Item No. 9G September 26, 2006 Page S8 of 198 cr� N to CO Ci � C� N m O Cq O N N cq C"!, N cm C4 (D CD CD 00 N N CD y to n cn LO O N Im V cm Ln lot N Ltd o Lo to N to f— C6 C-f N Ln o C4 M LL O LLO N ci en 0) 0 C) LO CD W I- rl- cq C) ci Nt N cl� m 4 > 0 Z Lr) eo V t7 04 03 q Cr) CV) %- W 00 I 'It C14 0 � 04 Ct T- CD CD 0 Q cl 0 0 C) .4 Ul) 4 cc Ln I- W C; L6 O L6 C; C� L6 0 0 m m 0 wi r3 AR 0 E CL ■t�A 7 O O O O O O O O O O O O O O O O O tOp � N O W tOD d' N U Li O N M cno l � O N N O N N N N Q 0 N CS? Q 0 N 0 Q N 1 LO 0 Q N Q Q N b. Q N Q �o N M 0 Q N . .gerlr.,a F arr No, 9G Ue;,tvmu:;r 2, 6- 2 306 Page 89 of 198 01 m N N � O N Iq N } F M ('7 CD V T O O O O O O O O O O O O O O O O O tOp � N O W tOD d' N U Li O N M cno l � O N N O N N N N Q 0 N CS? Q 0 N 0 Q N 1 LO 0 Q N Q Q N b. 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N' CV r- fic .rida fteEt, f'ao. 9G September 26, 2006 Paae 94 of 196 l �ziendG i-,,e;T II!c. 9G er --De�D�em '2�z. ?006 L :D - - Paae 95 ©t 198 muddj NAM IWnt: om: lorenz—w Friday, September 01, 2006 12:07 PM To: mudd_j Subject: RE: ESD Weekly Report Attachments: Microsoft Office Excel Chart This is through August 25, 2006 Bill Lorenz Collier County Services Direclor 'SOO Nf)i-,,h Horseshoe Drive Naples, Florida 34104 Tole: (23 91)2 j'3-2 Q51 Fax: '239)213-2-`60 E-mail': 77,7t u Monthly Progress Report Environmental Review Performance Pwoe, 96 August 2006 Progress in Meeting Performance Targets (% Reviews on Time): August Target: 95% August Actual: 92% 100% c sQ °% ° i 7 ' 7- [ [D Actual i-- ° �o i° : _ _-- Target ' 60% % % a sD% 97% 99% Environmental Review Progress in Meeting Plan Review Deadlines Includes all Wnd use petitions. protect 20% ro � ;" y' pkans, building permits, and other m6c �d a 10 /o # 4y permits d r ao t'b3 R ° �i5 at. CL 0% h h h ro ra S� A0 Aro A6 Q6 0 c o4�A ��,A Review Volume: 160 140 120 100 8o 60 40 20 0 Completed Revievifs f. r t,Qt��O 6 06 F @pA6 Ma{.iD6 PPr'�06 tJlayAg y�n,p6 3ul-� py9'p6 5eP'O6 AJ� to Notable highlights: • Summer Vacation schedules and the resignation of Holly Peters has shown up in the July and August Performance measures where we dipped down below the 95% target for all reviews. Half of the late reviews for August were GMP amendment reviews. • The new organizational staffing pattern recommended by the Kim Grant review has been completed with the exception of the CPQ for the Manager position. The CPQ for the Environmental Position is complete subject to HR review. This is a UFR request for FY07. • Two laptops have been received for our pilot telecommuting effort. Staff will use the laptop to review projects and enter data into CD+ away from the office. The goal of this effort is to increase staff productivity by reducing interruptions when reviewing complicated plan sets. We have experienced delays in getting this off the ground due to procurement problems. • New space for the Review team is ready for the furniture which is expected to arrive September 6b and installed September 8`t'. Staff should be in the new space by September 11th. Review Volume: 160 140 120 100 8o 60 40 20 0 Completed Revievifs f. r t,Qt��O 6 06 F @pA6 Ma{.iD6 PPr'�06 tJlayAg y�n,p6 3ul-� py9'p6 5eP'O6 AJ� to Notable highlights: • Summer Vacation schedules and the resignation of Holly Peters has shown up in the July and August Performance measures where we dipped down below the 95% target for all reviews. Half of the late reviews for August were GMP amendment reviews. • The new organizational staffing pattern recommended by the Kim Grant review has been completed with the exception of the CPQ for the Manager position. The CPQ for the Environmental Position is complete subject to HR review. This is a UFR request for FY07. • Two laptops have been received for our pilot telecommuting effort. Staff will use the laptop to review projects and enter data into CD+ away from the office. The goal of this effort is to increase staff productivity by reducing interruptions when reviewing complicated plan sets. We have experienced delays in getting this off the ground due to procurement problems. • New space for the Review team is ready for the furniture which is expected to arrive September 6b and installed September 8`t'. Staff should be in the new space by September 11th. t,Qt��O 6 06 F @pA6 Ma{.iD6 PPr'�06 tJlayAg y�n,p6 3ul-� py9'p6 5eP'O6 AJ� to Notable highlights: • Summer Vacation schedules and the resignation of Holly Peters has shown up in the July and August Performance measures where we dipped down below the 95% target for all reviews. Half of the late reviews for August were GMP amendment reviews. • The new organizational staffing pattern recommended by the Kim Grant review has been completed with the exception of the CPQ for the Manager position. The CPQ for the Environmental Position is complete subject to HR review. This is a UFR request for FY07. • Two laptops have been received for our pilot telecommuting effort. Staff will use the laptop to review projects and enter data into CD+ away from the office. The goal of this effort is to increase staff productivity by reducing interruptions when reviewing complicated plan sets. We have experienced delays in getting this off the ground due to procurement problems. • New space for the Review team is ready for the furniture which is expected to arrive September 6b and installed September 8`t'. Staff should be in the new space by September 11th. rl0genda item No. UV September 26, 2006 Monthly Progress Report ?age 97 of 198 Environmental Review Performance August 2006 • Holly Peter's vacancy has been posted and we have been receiving applications to assess. • The following charts for selected projects logged in through July show that we have been able to keep our average review time below 30 days for the selected plan review types despite an increase in the number of reviews through July 2006. Review Times for Selected Plan Reviews through July 2006 Log -ins: 45 40 H 35 T R ° 30 m E F 25 3 m > 20 m m 15 R > 10 a 5 0 O� O ati 1�1 �y QP AR pIl ai R 41 0 0 Ah A5 ph ph p4a �o Aro p6 �ec deb Pit SP P° pow O� den PQ� sp V9, Month Project is "logged in" Number of Selected Plan Reviews through July 2006 Log -ins: Monthly Environmental Reviews October 2003 through July 2006 Log -ins 90 _ - - - -. fib Tootal tal Projects 3 -rronth moving average 80 Linear (Total Projects) d 70 0 60 N 50 m 0 40 __ _ — _ Includes SDPs, SOPAs, SDPIs, SIPS, PPLs, and _ — c 30 — - -- — -- - — - - — —f m 20._. -- — -- — z 10 0 — 11\11, 111z, ^�� A \1z; - \ob ^�� ^`oy ^�� \Q1 ^�� 6\�� x\4111 `�� °� 6� ��4111 ��41Z, `� `��6 �� `0�� '�� Month Pzairct. s.;Joggediu Agenda item kjo. 9G September 26, 2006 Pace 9S of 1,98 The following data was provided by CD+ Crystal Report. Date range was Januay 1, 2005 - Novem- 30, 2005 of Site Development Plans /Amendments (SDPlSDPA) submitted within that time frame. F report shows by Reviewer, the second shows by Department, Review t 4n- Time Post Due Total Review � of Ckftdas c�mp�kbd an- tl� Architectural 213 11 224 95% Current 412 110 522 79% Landscape 319 14 333 96% Environmental 157 202 369 45% Addressing 250 1 251 100% CIS 221 11 232 R5% Transptxtation 265 42 327 87% Utilities $illina 154 53 207 74% Fire 300 5 305 98°% Enq Stormwater 472 25 497 95% Eng Transportation 265 14 279 95% Eng Utilities 1 418 3 421 99% Total Number of Reviews and Resubmittals by Section 1 ItT rJ C a4� OM 3 of 8 p Arch iie ctu ral z C urrp m w Lards cape a Enrironrnenta` ■¢doressing O GIS W'ransponaton p Utilities Billing Fire ■ Eng Stormwater ■ Eng Trans pertaiicn ■ Eng U lities Prepared by Tonia Leavitt 9/1/2006 11 0 .,geriva Item loo. 9G Septei -nber 26, 2006 Page 99 of 196 ENVIRONMENTAL SERVICES PROCESS IMPROVEMENT STUDY FINAL REPORT March 31, 2006 Environmental Code Developer Plans Work Together Achieve Results Kimberley Grant, Senior Management and Operations Consultant Collier County Department Members Participating: Bill Lorenz Barbara Burg eson Susan Mason Stephen Lenberger Laura Roys Summer Brown Kirsten Wilkie Holly Peterson Claudia Piotrowicz 0 — 'Septe;-rbe! 2,-", , 20016 Environmental Services Final Report, March 2006 v Kimberley Grant, Senior Management and Operations Consultant Staff members and management were very open during this process and are genuinely interested in seeking opportunities to improve productivity and positively affect the quality of their work and that of the division. Key Findings for Environmental Review Function • Functional alignment /organizational structure: o No one tasked with managing and monitoring workflow to meet goals (this changed during the course of my involvement in reaction to being held accountable to meet the required 30 day review target) o Professional review staff spending 20 %+ of available work time on administrative tasks, reducing ability to meet key project review dates o Manager has too many direct reports to manage effectively along with the subject matter expert functions of the role -2- (. r G epteiriber X16. ?005 P ae 1:. pi 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Managers spend more time on day to day work and less time on management level work than is appropriate resulting in overloaded managers and sub - optimized expertise of environmental professionals o Current organizational structure is not sustainable or flexible because it too heavily relies on institutional knowledge and detailed involvement of overworked manager o Undefined career progression path for well educated professional staff ■ Execution: o Staff does a thorough job of reviewing projects and very few new review comments are identified after the initial review of a complete submission o Emphasis is placed on decision making based on language in the codes o Less than half the reviews met the 30 day review target (2004 — 2005) (Vast improvement in 2006: January - 94% on time, February - 92 %, March - 91 %) o Team meetings not well structured, waste valuable time (already changed) o Work is highly manual, and relies too heavily on institutional knowledge o Client meetings could be better structured to respect all parties involved o Staff and management adjusting to meet goal of 95% on time reviews o Until recently, accountability for achieving goals was not emphasized o Staff reports feeling lack of respect from customers and some peers ■ Process: o Physical work environment issues increases elapsed time to review cases o Instances of repeat reviews are increased by allowing simultaneous submittals prematurely (foundational items such as preserve locations not yet approved result in re -work to correct other related aspects of projects) o Submission quality, especially of Environmental Impact Statements, is often low, contributing to repeat reviews and additional review time o In informal survey, applicants cited long review times as their number one complaint, followed by frustration over very stringent regulations -3- Agenda ftett`1 No. 9G September 26, 2006 Page 102 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant i • Different interpretations of code by staff and applicants results in frequent conflict • While staff clearly feels strongly about protecting the environment, there was no evidence of staff doing other than applying codes as written • When items of potential controversy arise, a consultation is generally held with other staff members, and sometimes management, to assure proper and consistent code application o There is great camaraderie amongst staff members, leading to a level of inefficiency as staff members are familiar with details of others projects o Lack of documentation of procedural decisions, direction from outside agencies, and of decisions made in customer meetings leaves uncertainty and leads to backpedaling or repeat analysis work ! Key recommendations The recommendations are an amalgamation of the thoughts and ideas of the staff and management as well as those of the analyst. The analyst spent much time facilitating the generation, refinement and quantification of ideas from staff and management via workshops, case studies, data analysis, staff planning and other interactions. Functional Alignments /Organizational Structure Recommendations: ■ Shift administrative work to new tech position (provides additional 1500+ hours annually toward project reviews) • More clearly define roles to push down key management responsibilities, provide growth opportunities and create accountability toward meeting business objectives (see below) • Review staffing needs analysis and consider adding one reviewer to increase "bench strength" in the organization and assure critical review times can be met (New) Additional work of handling building permits may require additional resource, evaluation not yet complete -4- P n? ) f 19 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant v Oversee all functions with emphasis on regulatory. Handle HR matters for direct reports. Budget resoonsibifty Oversee all process control and Workload functions. Oversee And train new staff. Handle Supervisor: HR matters Principal for direct reports. Entry level review, Customer service, Env. Tech Work tracking. Manager Senior or Principal I I Senior or Principal Review land use projects and also responsible for senior level initiatives such as EAC support or code development. Revieov land use proje=s and related activai-as, with inrr"sino levels of respornsihi6ty. Env Specialist 11 Env Specialist 11 Env Specialist Env Specialist Key organizational changes include: ■ Establish defined supervisor and manager roles ■ Acting manager delegates some management and subject matter expert work ■ Acting manager takes on some work Director now performing ■ Supervisor clearly responsible for workflow management ■ Key professional staff more involved in expert level functions such as code development and committee liaison work Also, an improved career progression path emerges, as follows: Supervisor. Frincipak 61.v. 'Tech Env sp— ialrnl I I C— S^. --list Manager or Principal I I Senior or Pnmmal Env snc (Amlisl I I Er- Spec iEaiisl 5 V ,.-... 1 1�gerda Item No. 9G September 26, 2006 Paae 104 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Process Recommendations: The benefit of these process improvement recommendations is equivalent to adding one full time staff member. These efficiencies effectively create additional resources to help sustain improved turnaround times and consistent achievement of 95% on -time reviews. Also, staff will be able to accept additional professional development responsibilities that are now handled by management. 1 --Hire l ectn position 720 2 -- Implement Telecommuting 360-720 3 -- Follow the conflict resolution procedure, make decision after meeting with staff 4 -- Redefine requirements for Simultaneous Review to 250 —2500 require preserve definition first 5 -- Shift responsibility of EAC Staff report to Principal 160 Planner 6 -- Shift sufficiency review of EIS to Intake Team 80 7 -- Improve space for reviewing plans /Drafting tables 500 Total Hours Saved Annually (net of adding tech posit! on 2070 — 4680 hours SERVICL 8 -- Combine Environmental Specialists from Inspections Greater process integrity, cia and PUD Monitoring with existing Environmental Services fewer code cases, better Staff customer service 9 -- Set preserve boundaries as close as possible during pre- Earlier issue app meeting on PUD /rezones identification, reduced conflict 10 -- Reduce re -work associated with errors when changes Accuracy of reports from the EAC mtg are not adequately made in plans and going to BOCC and CCPC staff report getting approved 11 -- Better coordination and tracking of permits with the Improved customer Building Department 12 -- Improve Conservation Easement Process /Align service Should shorten project Responsibility duration for customer -6- 0 0 Avern::a It ern No. 9G September 26. 2006 Pale 105 or 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant LONG TERM 13 -- Electronic Submission and Routing Technology TBD by study feasibility study Additional Recommendations: ■ Create agendas for staff meetings (already implemented) ■ Improve documentation of decisions made in meetings or associated with staff application of code ■ Only hold case review discussions at staff meetings that benefit all staff members. Other issues can be addressed in a one on one meeting. Cutting staff meetings by one hour /week has the potential of adding one full day of review time back to the department, or potentially the ability to handle 2 more reviews in a given week. ■ Immediately initiate planned management training for the manager and supervisor; recommend specific coursework in Time Management, Conflict Resolution, Reflective Listening, Negotiation Skills, and Effective Delegation (suggest reviewing American Management Association programs) ■ Target improved relationship development with external applicants o Consider joint field visits with applicant and consultant if something is at all questionable (applicant recommendation) o Semi - annual roundtable on environmental issues /education o Reach out to any new applicants and help them understand the process ■ Target more cooperative development process via monthly roundtable meetings of managers of Planning, Engineering, Environmental and Building department to work out any issues that have arisen and to discuss items of mutual interest ■ Director set specific goals for manager and supervisor and increase coaching time related to handling workflow, human resources issues and external contacts ■ Some major theoretical process changes have been outlined (not presented in this report) and will be further considered by management staff in the summer of 2006 -7- C 1E Agenda Item No. 9G September 26, 2006 Page 1106 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant High Level Implementation Plan Summary of Analysis Activities The first half of the analysis involved studying work volumes, understanding the organizational structure and work assignment processes, learning about the application types and processes, observing work in process and reviewing procedures and training manuals, and completing a detailed analysis of repeat review comments. The second half of the analysis involved a series of workshops with staff and management resulting in detailed documentation of the three key review processes, review and documentation of multiple case studies (including review of the actual code language utilized in the review), detailed review of repeat comments, identification of potential process or quality improvement opportunities, and examination of the organizational structure. Also, informal telephone surveys were conducted with several applicants and customers of the department. Reports of progress and detailed findings are attached to this summary report. -8- Responsible Tari!et Dale Tash- Set priorities for process /productivity improvements (other than telecommutin ) Lorenz/Burgeson 4/15/06 Define Management Training Plans and budget Lorenz 5/1/06 Make final determination on staffing needs during budget development process Lorenz /Burgeson 5/1/06 Pilot Telecommutin Burgeson 5/l/06 Complete reclassification recommendation Lorenz 5/1/06 Implement new roles Lorenz /Burgeson 6/1/06 Complete Career Progression Plans Burgeson/Mason 6/1/06 Delegate some of the SME responsibilities to Senior Environmental Specialists Burgeson 6/1/06 Full Telecomimuting Implementation (subject to pilot experience) Burgeson 8/1/06 Hire new Tech position Mason 10 /1106 Summary of Analysis Activities The first half of the analysis involved studying work volumes, understanding the organizational structure and work assignment processes, learning about the application types and processes, observing work in process and reviewing procedures and training manuals, and completing a detailed analysis of repeat review comments. The second half of the analysis involved a series of workshops with staff and management resulting in detailed documentation of the three key review processes, review and documentation of multiple case studies (including review of the actual code language utilized in the review), detailed review of repeat comments, identification of potential process or quality improvement opportunities, and examination of the organizational structure. Also, informal telephone surveys were conducted with several applicants and customers of the department. Reports of progress and detailed findings are attached to this summary report. -8- Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant 1�1 0 SUMMARY WORK DOCUMENTS AND INTERIM REPORTS 11 -9- "cer,,da lien-I No. 9G Sur tei-nhe- 23, 2006 Paae 107 c)' 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Actual Time Allocation — Envirorunental Review Summary of Data and Opportunities K. Grant 12/15/05 Data/Background SepteiPlbe 6 12 006 Page ^08 Oi 111198 Since the beginning of FY 2004, Bill Lorenz has requested that his staff complete a time sheet for every pay period, breaking down how they have actually spent their time. Bill supplied his data to me for review. Below is the summary of the data, which is consistent with Bill's review of it in the past. There are a total of 90 detailed categories which have been summarized into four (4) general groupings representing the major time allocation categories. They are as follows: Core work Administration Personal Tirne LDC /GMP /Advisory Committee Work Case reviews, public assistance, other de partn-►ental assistance, pre-app meetings General admin, staff meetings, professional development HR issues typing, filing Vacation, comp, sick leave, etc. All "special proiect" type work Findings For the 2.5 years of data available, this is a summary of the above categories with and without the supervisors' time included. Actual Time Spent FY 2004 - 2006 (YTD) The data without supervisor does not include time allocations for Barbara Burgeson. However, some supervision is also provided by Susan Mason, which may slightly inflate n this chart. The personal time appears to be the "w /o supervisor" Administration time i 0 0 1.._J 4; iiv,T 9G Mi Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant consistent with the Holiday and Vacation schedules offered by the County. There is definitely an opportunity to shift some Administration time to increase Core Work time. Below is a chart that breaks out the Administration time in order to look for opportunities to decrease this time element. Adrriin`Ca o Item °!o .wl . Barb w/ ' Barb °/a w/o Barb h�u w1b Baiki` nnurs/lleai• car avers e' " e x available irici "B rb' Irma available vlo Barb: Mail /Lit Review 1 36% 2301 33% 1441 577 9.4% ( 7.4% Staff Meetings 21% 1319 24% 1047 419 5.4% 5.4% Professional Development 15% 980 20% 857 ( 343 4.0% 4.4% General Administration 12% 749 11% 466 186 3.19/6 2.4% Recruit/Appraisal 7% 434 2% 731 29 1.8% 0.4% Office Management 4% 266 6% 255 102 1.1% 1.3% Strategic Planning 1% 38 0% 3 1 0.2% 0.0% Budgets 1 % 48 0% 0 0 0.2% 0.0% OM- Payroll 1% 49 j 1 % 36 14 0.2% 0.2% OM- Filing f 1 % 39 1 % 39 16 0.2% , 0.2% _ Procedures Maintenance 1% 89 2% 89 35 0.4% E 0.5% f 01 i 99% 6311 99% 4305 1722 26% 22.0% The group spends almost the equivalent of one person every year on these Administrative activities (1722 hours on average for the last 2.5 years). It is possible that the mail in the "mail/lit review" category is largely email related to active cases, and should therefore be categorized in the "core work" category. If we were to move half of that category to "core work ", then the hours spent on this category decreases to about 1500 hours /year, but still provides a substantive opportunity. THE ENVIRONMENTAL SERVICES DIRECTOR PROPOSED GOAL: Reduce this element by 50 %, increasing the available percentage of time for Core Work to at least 71 %, striving for 80% of time spent on Core Work. This would allow for an additional 750+ hours devoted to core work each year, which would contribute greatly to achieving on -time reviews. ACTION: Kim and management will work with the staff to identify opportunities to achieve this goal, including reviewing the 90 categories for opportunities to decrease or eliminate the need for the professional review staff to perform these functions. -11- rj — Agenda Item No. 9G September 26, 2006 Page 110 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Additional Information: Below are actual time allocation charts for eacti statt memner. We should review each chart to explain or resolve apparent variances from the averages. Lenberger Actual Tirre Spent 90% 13% 80o% jaOCIGMPIAddsory Commtitee 1� 70 Work, Etc. 70% ° 60% O Personal Time 6 +n °!0 E 50 ■Admin /Prof Dev*HRlMail i P 40% I� ° 30% al Core Work ReuewslPermits, Etc, s f c 1 20% 10% 0% 2004 2005 2006 Fiscal Years I — t00% 90% 80% 70% c 60°% 50% N 8 40% ae 3(r% 20% 10% 0% Brown Actual Time Spent 2005 7006 Flacat Years ❑ L0C �tAPrAdwscry C nrolrtee Wong. Erc C Persons' Tree !t kUmtn?� :a! GAdNfh4a11 e Core Work ReuewslPerrnh. Er:. Mason Actual Time Spent 1 Burgeson Actual Tin Spent 100% tt "IN ?. 1. 90% 50% ' +9% 19°ro uLDCIGMPIAdvsor Commtitee 70% 70% 1 Work, Etc. 60% _ ~ i D Personal Time g 50% g 50°% N 40% Is AdM01V)Ee"4Tutai1 40% OD% ae 30% IM Care Work ReNewslPenits, Etc 20% 20% 4 10% 10% 0% 2N4 2Da5 Fiscal Years Fiscal Years 2(104 20as 200§ Ftsoal Yeats t00% 90% 80% 70% c 60°% 50% N 8 40% ae 3(r% 20% 10% 0% Brown Actual Time Spent 2005 7006 Flacat Years ❑ L0C �tAPrAdwscry C nrolrtee Wong. Erc C Persons' Tree !t kUmtn?� :a! GAdNfh4a11 e Core Work ReuewslPerrnh. Er:. Mason Actual Time Spent 1 100 °� 'ss 14 °,6 td "b 9D+% 24V, BD °!o 70% — 7D% 60% _ ~ N 50% g 50°% N 40% 40% 30% ae 30% 20% 20% 4 10% 0% 2N4 2Da5 Fiscal Years ❑LDGIGMPANsory C�orrn flee Work, Etc, D Personal Time ■ Adnrc'Pmf DeJHRIMaH zCore Work ReuewslPermits, E 206 Roys Actual T ime Spero 100 °% 'ss 14 °,6 td "b 9D+% 24V, BD °!o 7D% 60°% g 50°% N 40% ae 30% 20% 10% 2004 2005 2008 Fiscal Years loo- DClGMPIAdusory Commfitee Work, Etc. :)Personal Time lNAdminlProf DeJHRIMail p Core Work ReiewslPefm ls, Etc.l 0 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant I Szuch Actual Time Spent - 13 - 4%ge,"tii? lied, No. 9v September 216, 2006 Pecie 111 of 198 Sanchez Actual Time Spent i 8004 a tDCIGMP /AduSOry Commtilee 70% Work, Etc 60% p Pew%i Time N 5D% v AdmmfFbf DedHRIN 40% 50% is Core Work Reu&niPefm ts. Etc. 20% IN 0% 204 20nS FiscelYears —. -. - -- r., r. Seplembe; 2006 1 3,1 ;n , i L Oi I `�Pi Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Environmental Review Department, CDES D R A F T Interim Analysis Report K. Grant 1/4/06 summan Analysis to date (analysis phase is not yet complete) has been geared toward uncovering potential areas of opportunity for improving the process and timeliness of the Environmental Review department. To date, several areas of opportunity have been identified, but recommendations for improvement are not yet developed. Additional opportunities will likely surface. Analysis activities included attending staff meetings, reviewingr /summarizing relevant data, observing the review process, attending one brainstorming session with the department members and a discussion on an interpretation/application issue, flowcharting, and reviewing existing process flows and training manual. This is a team effort involving all staff members, and they are genuinely interested in participating. ■ 61 % of work time spent on "core work" for the last 2+ years ■ Equivalent of one full time person is spent collectively in "administration' ■ 90 different activities comprise the entire work picture for staff members ■ Highest volume transactions: Site Development Plans, Plans and Plats and Planned Unit Developments ■ 60 different types of applications handled during the review period. ■ Work assigned geographically ■ For 10/03 -11/05 well over half the reviews did not meet the 30 day target, though there was some improvement in 200.5 ■ In a prior report, it was disclosed that for this department there is a higher incidence of repeat reviews and of new comments after the first review. Further study shows that new comments are primarily related to new information being provided and that repeat reviews are related to this and also based on applicants not responding to comments made ■ Work is highly manual relying on written documentation ■ Increase core work time ■ Reduce administration time ■ Perhaps work reallocation of some of the 90 potential tasks ■ Consider lumping less frequent applications into one job, allows more concentrated time on complex cases ■ Map processes /streamline ■ Increase accountability and visibility for goal attainment ■ Reduce repeat comments ■ Decrease all distractions ■ Implement Intake Team ■ Highly manual processes need further study — technology? • Staff members develop very detailed comments for ■ Maintain quality while finding applicants to aid them in meeting requirements balance with output needs • very few comments identified after first review are ■ Reduce t ducedreliance on institutional due to staff oversight -14- :7 11toerida item F ;3. 9'J e:)telw ef 2' ?Ji b QB 13 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant • Site visits required on some cases • EIS's and /or PMP's required in many cases. typically take several iterations • Coordination with several outside agencies • Examine need for all site visits a Reduce repeat submissions on EIS's and PMP's ■ Further study outside agency interaction • Highly educated, interested and environmentally a Clarify roles of management dedicated staff • Improve documentation • Staff turnover reduced ability to get work out on N Seek technology assistance time, at times (maybe GIS) • Management spends less time managing than would v Streamline communication to all be desired, though there is genuine interest in staff, to key points processes, and meeting goals • Manual processes heavily rely on institutional knowledge • Little documentation on difficult application decisions /wasted time • Team meetings could be better structured and shortened ! Organization Ll Detailed Findings /Opportunities to Date The basic approach to case assignment is by geographic territory. The rationale for this approach is that it is most beneficial for a reviewer to be aware of all of the issues /projects within one territory in order to be comprehensive, and often expeditious, in their work. Also, this allows staff to learn how to handle all of the various project types that come into the department, creating a functionally cross trained staff providing for greater flexibility to meet workload demands and staffing changes. Staff occasionally reassigns cases outside of the normal territory in order to maintain even workload distribution. Periodically, staff reassigns territory boundaries to account for actual or expected work volumes, staff changes and the like. Certain territories contain specific rules such as overlays, special state treatment requirements, etc., which may make a given territory unique. The goal is to maintain a reasonably even workload for each staff member, and occasionally to provide a challenge or opportunity for a staff member who is ready for more detailed and in -depth responsibility. Presently the staff is comprised of 6 full time reviewers (2 expanded positions unfilled), plus one almost full time reviewer who also has some managerial responsibilities. In addition, there is one full time manager who occasionally handles cases, and one director who oversees these functions and also the Environmental Services staff functions. -15- Agenda Iter, loo. 9G September 26, 2006 Page 114 of 196 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant The staff works closely with the environmental code enforcement staff, planning staff and the staff of the building department. Staff has frequent interactions with outside state and federal environmental agencies such as the South Florida Water Management District (SFWMD) and the Department of Environmental Protection (DEP). They also frequently present to or interact with local government entities and committees such as the Environmental Advisory Council (EAC), the Collier County Planning Commission (CCPC) and the Board of County Commissioners (BOCC). Functions/Uniquenesses The primary function of this group is to review all application types for compliance with the Land Development Code (LDC), the Growth Management Plan (GNP), and relevant Federal and State requirements. Their review process varies somewhat from the other departments who perform similar work in that the Environmental Review Department must perform these activities that others (usually) do not: • Site visits on many projects ■ Coordination with outside agencies to assure compliance with all relevant requirements ■ More "negotiation" on what actions comply with requirements o For example, what is largest and most contiguous preserve area? What is the priority order for protecting listed species when multiple exist in one project area? ■ More opportunity for multiple iterations on documents such as Preserve Management Plans (PMP) or Environmental Impact Statements (EIS), and more time consuming as a result Workload and Volume Information The department keeps good manual records of work volume, both new and resubmitted applications, and has so for the last 2+ years. This data is the basis for the majority of data oriented information provided in this report. Here is a chart showing the volumes of REVIEWS (not cases, though of course they are similar) handled over the last 2 years. -16- 0 I] s yr 26. 2005 a Q e I , J C) ^ 98 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Roviow Volume Environmental by Type (10103 - 11175) nllt n 600 j 500 „z 400 300 � i 200 v 100 rM II 4-ff Type of application We can zone in on the SDP, PPL an d PUD review processes for improvements and to attempt to shorten the turnaround times, as they comprise the preponderance of workload. The chart illustrates case volumes by staff member, indicating the highest volume of cases is completed by both the longest term employees and those that have the greatest amount of time allocated to core work (see core work time allocation later in this report). I Count for Entire Period Average # Cases/Year % Time on Core Work on '05 Surgeson 25 10 23 Szurch AraqueSrown 62 193 25 77 43 fib Sanchez 278 111 66 Mason 281 112 64 Lenber er 355 142 77 Roys 406 162 55 9 1.600 640 It follows that more productivity exists for staff members who have a higher time allocation to core work activities, as the next chart illustrates. - 17- Agenda lien,, ivc. 9G September 26. 2006 Page 116 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Generally Positive Correlation between Case Count and % of Time Spent on Core Work The below graph shows us that there appears to be an approximately even distribution of workload, by primary application type, across the review staff, which is consistent with the geographic work distribution method. Some variation occurs due to length of employment during the review period. 180 0 160 Z 140 m CL 120 p 100 80 60 0 40 I U 20 0 Volume of Reviews by Type and Staff Member -BB —CS KS --LR --SB --SL SM 'o QQ �O J Type The potential exists here to pull some of the lower volume, less frequent application types and consider creating a new full time job for one person, affording the others more time 0 E n. lug ilere kio4 9L va i°lilr° -- r 2v; 20Da age I 17 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant to concentrate on the more difficult and tune consuming cases with fewer interruptions. Staff cites interruptions as a large contributor to less than desired productivity levels. This opportunity needs to be fully explored before any recommendations can be made, and there are probably other ideas to be explored. Staff Time Allocation: Background Since the beginning of FY 2004, Bill Lorenz has requested that his staff complete a tune sheet for every pay period, breaking down how they have actually spent their time. Bill supplied his data to me for review. Below is the summary of the data, which is consistent with Bill's review of it in the past. There are a total of 90 detailed categories which have been summarized into four (4) general groupings representing the major time allocation categories. They are as follows: Category of • therein Core work Case reviews, public assistance, other departmental assistance. pre -app meetings Administration General admin, staff meetings, professional j development, HR issues, typing, filing Personal Time I Vacation, comp, sick leave, etc. LDC /GW /Advisory Committee Work All "special project" type work Staff Time Allocation: Finding For the 2.5 years of data available, this is a summary of the above categories with and without the supervisors' time included. 100% 90% 80% m F2T 70% p 60% m 50% F- 0 40% 30% 20% 10% 0% Actual Time Spent FY 2004 - 2006 (YTD) W/o Supervisor W/ Supervisor o LDC/GMP /Adusory j Commtitee Work, Etc I ❑ Personal Time ■ Admin/Prof DevHR /Mail r Core Work Re,.iewslPermlts, Etc. j The data without supervisor does not include time allocations for Barbara Burgeson. However, some supervision is also provided by Susan Mason, which may slightly inflate -19- a] agenda Item No. 9G September 26. 2966 Page 118 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant the "w /o supervisor" Administration time in this chart. The personal time appears to be consistent with the Holiday and Vacation schedules offered by the County. There is definitely an opportunity to shift some Administration time to increase Core Work time. Below is a chart that breaks out the Administration time in order to look for opportunities to decrease this time element. The group spends almost the equivalent of one person every year on these Administrative activities (1722 hours on average for the last 2.5 years). It is possible that the mail in the "mail/lit review" category is largely email related to active cases, and should therefore be categorized in the "core work" category. If we were to move half of that category to "core work", then the hours spent on this category decreases to about 1500 hours /year, but still provides a substantive opportunity. THE ENVIRONMENTAL SERVICES DIRECTOR PROPOSED GOAL: Reduce this element by 50 %, increasing the available percentage of time for Core Work to at least 71 %, striving for 80% of time spent on Core Work. This would allow for an additional 750+ hours devoted to core work each year, which would contribute greatly to achieving on -time reviews. ACTION: Kim and management will work with the staff to identify opportunities to achieve this goal, including reviewing the 90 categories for opportunities to decrease or eliminate the need for the professional review staff to perform these functions. Additional Information: Below are actual time allocation charts for each staff member. We should review each chart to explain or resolve apparent variances from the averages. -20- 0 3e: tit t er 26,. 2006 GP, ge I .10 o f08 Environmental Sen!ices Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Lenberger Actual Time Spent Burgeson Actual Titre Spent Brown Actual Tine Spent -21- 100W i 60 °>E 0 E 40% � 30. i Qi G: ?:u: "ICE Fiscal Years n MIGIVIPlAdnory Commtitee Work, Etc O Personal Time ® AdminlPro` Dev /HR/Mail Cor =_ Work, RNewslPerrnits, Etc Mason Actual Time Spent tO % 9C°l� 71A 50% E ON 3 ?4'0 2D "7i l�n 6i :al hear. LDCIGMPIAd isory Ccmmtlee Work, Etc Pe:sxalTime P- T`D94HRIMall Care Work ReuewslPermits, Sanchez Actual Tire Spent WOO, Etc �I Turl'.�...,`Fta'�.sI7Z'abtl GaeWory RevewslPermis, Etc 0 m1 IOC% 90% 80% 70% 60% N � 50% r i 40% 30% 2M, f0% Envirorunental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Szuch Actual Time Spent 2605 20PB Fhm P1 Yait Agenda Iter. t�, . 91 Septecrber 20, 2006 Pane 12G of 198 Rays Actual Time Spent 14°% 24;6 f �at LDC UNAdusory CommB*B Work, Etc i ,� pPersonalTime j ,gqMAdminlProfDe4HWMaiI m Core Work RenWPermits. Etc 2005 2306 Fiscal Years Repeat Comments and New Comments • Amended An.al�is On December 8, 2005 a report was published on the subject of repeat reviews and the incidence of comments identified after the first review. That study left some questions unanswered relative to reviews in the Environmental Department. As a reminder, that study showed the following pertinent information. -22- t4 °% 9D% I 70°% o LP Anv sury comrrn,lan l. Wor1k, k, Elc 4 60% p Rareonai 7hne 50°% t Aomin/Praf DavIHR/Mall N gl 40% ©Gore Work Ra dP-1w Etc a� 30°% 20°% 0% 1 2G04 Agenda Iter. t�, . 91 Septecrber 20, 2006 Pane 12G of 198 Rays Actual Time Spent 14°% 24;6 f �at LDC UNAdusory CommB*B Work, Etc i ,� pPersonalTime j ,gqMAdminlProfDe4HWMaiI m Core Work RenWPermits. Etc 2005 2306 Fiscal Years Repeat Comments and New Comments • Amended An.al�is On December 8, 2005 a report was published on the subject of repeat reviews and the incidence of comments identified after the first review. That study left some questions unanswered relative to reviews in the Environmental Department. As a reminder, that study showed the following pertinent information. -22- 0 0 E Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant J Rate of Comment Resolution for Comments 1 ©'d at 1st Review u 2nd a 3rd ❑ 4th 100% 90% 80%- .2 70% x 60% .� 50% 40% O 30% a 20%- a j 10% f 0% 4th 3rd c _ 2nd R = D N d C e� 2 i J LU LL! LL7 Li Since that time, a detailed study was undertaken on all the cases in the sample that had comments identified after the first review, a total of 8 cases. The results are as follows: -23- - Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant 0 Origin of New Comments ` — t.k:w comments -y J missed due t^ in oversight, 7' New comments from additional information, 930A Agerida item Eve. 9G September 26, 2006 Page 122 of 198 Since the vast majority of new comments arise from new information presented at subsequent reviews, the question remains as to why there is a higher incidence of comments after the first review as compared with the others originally studied. In the majority of cases "new or additional information" does not result from a substantial change in plans. Instead, it is more likely a reaction to updates the applicant made from prior comments. For example, an applicant may attempt to make requested updates to a Preserve Management Plan (PMP), but the updates lead to more required language or more questions from the Environmental reviewer. In other cases new comments appear after the first review because the requirement requested has finally been provided to the reviewer for the first time. Concerning the earlier fording that repeat comments are not resolved as quickly as those of the other reviewing departments, there are two avenues to be explored for improvement opportunities. The first stems from the analysis observation that completing some individual requirements is a very complex process in and of itself. Taking the same example as above, a PMP is a multiple page document that has its own set of criteria and requirements. Many "repeat" comments are actually refinements to the wording in these and other requirements /documents. Opportunities for reducing such- iterative processes should be identified. To that point, the staff should be complimented on their very detailed suggestions for applicants as to how to word documents in order to meet requirements. The second observation is a behavior whereby the applicant ignores or does not respond at all to the comments made. Our expectation is that the new Intake Team will mitigate this behavior. However, we should also discuss this behavior, in conjunction with the below chart, to identify opportunities to aid applicants in completing all requirements prior to submission. This chart is from a prior study of repeat comments identifying those most commonly occurring. -24- Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant 2 - Provide a clearing plan on site plan. 1 28% 11 - Provide wetland permits from the applicable 26% agencies. 13 - Provide calculations on site plan showing the 24% appropriate acreage of native vegetation to be retained and the maximum amount that is to be re- created. Clearly identify the location of both on site plan. 17 - All preserve areas shall be identified as 24% "Preserve" on separate tracts and protected by a premanent conservation easement to prohibit further development. 6 - Provide the following exotic vegetation removal note on site plan: "All prohibited exotic vegetation shall be removed from the site & it shall be maintained free of exotics in perpetuity." 18 - A Preserve Area Management Plan shall be 20 9/0 provided on the site plan identifying methods to address control and treatment of invasive exotic species, fire management and maintenance of permitted facilities. -25- da >;; ail °ifl lJaf 26, 200�-6) Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant 0 Target Bate Attainment Information in -I ,Ageil"2 lte -,,r No. 3G `;)ien-b r 26 2-936 sae 24 of 198 These are the highest volume application types and in well over half the cases, the 30 day target was not met. This is not necessarily "new news ", but gives us something to talk with the team about to understand what issues and obstacles they face in getting their work done on time. Environmental: % of overdue Reviews 10103 - 11/05 (Primary APP Types) POD —� s,P The good news is that there has been some improvement in overdue cases during 2005 as compared with the average for the period 10/03 — 11105. -26- 9 r: L-.� nn Septe;"It;r moo. �,aje 125 of 198 Environmental Services Final Report, March 2006 Ifimherley Grant, Senior Management and Operations Consultant % of Overdue Reviews Showing Mild Improvement in 2005 over the Average of Prior 2 Years -27- 0 --I Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and operations Consultant SUMMARY OF CUSTOMER SURVEY -28- Aaenda liem No. 9G September 26, 2006 Page 126 of 198 0 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Highlights of Client Interviews Regarding Environmental Review Department Major points (in order of significance) • Due dates'Integrity • Regulations • Myopic for environment • No room for creativity in design • Too time consuming to work with division to change • Changes were overreaction and pushed by environmental staff • Forest or the trees? "agenda item [� o. 9G Se— ptenlber 26. 2006 page 127 o 98 o Too focused on little details? o No room for application of expertise? o Habitat is the main issue — staff has come to conclusion that that is their job — to protect the habitat — is it really their job? • Staff behavior o Professional, smart o Some easier to work with than others o Newer staff may need for guidance in pre -apps o Not a partnership /don't even bother talking to them /eventually cave o Skeptical and no confidence in staff/rules bent in favor of county o • Expectations Would stronger director be appropriate? • General disconnect between design community and what they get • Design conmiunity precluded from adding value with projects • Should have polished procedure for EAC meetings /go sooner rather than debate with staff 0 Possible process changes • Consider joint field visits with consultant and staff if anything questionable at all • Improve /document communications /decisions o Often leave meeting with different views of what transpired — consultant does what they think they've been asked, but then are denied again • Tell date review is to be completed by— give at intake —or put on acceptable letter • Cite code sections in comments • Have Bill attend all client meetings for some time • Meetings with Joe either do not make decisions in meeting, or make sure Environmental Staff is present • Identify clear procedures for taking cases to EAC — not sure if this is needed - _-)9- 0 - 11 Environmental Services Final Report, much 2006 Kimberley Grant, Senior management and operations Consultant CASE STUDIES 30- -lenda lte,,r iv--, 9— Seo'tembe., 26', '11006 Pane 128 © 198 40 2 It t—n h \; 9!v v C lei ii,�e 2006 2Ua of "98 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Notes on Sabal Bay PUDA AR # 6126 Stephen Lenberger, Environmental Reviewer Identified as a case to show me difficulties and challenges that arise in the review process • Did not even get to first review for 3 months due to backlog of work • Canal drains from Lely and affects North of the canal — ie drained wetlands into canal — problematic • EIS showed wildlife issues o Eagle Nests o Tortoises o Alligators • General information o EIS authors are hired by the developers, work with the County, SFWMD, U.S. Army Corps of Engineers (for wetlands), State Wildlife Commission, Federa Wildlife Services — in this case probably started permitting process before came to County • Big issues: o (1) Selection of preserves (which brings up listed species and native vegetation issues) o (2) Balance of species — how do you prioritize listed species? ■ Fish and Wildlife services provides guidelines, but in this case had to look at eagles and others and try and negotiate a fair allocation of retained preserves • See chart in EIS as to final decisions — how to meet 25% (actually exceeded it in the end by the other species listed at top of chart) • 25 °io must be preserved as native vegetation o (3) Stipulations for PUD ■ They disagreed that certain stipulatiosn were relevant — they argued that they were redundant since originally stipulated in the original PUD • As a side note, looking into amendments being deviations so this is no longer required in the future o (4) Added new eagle nest to Master Plan PUD documents Process • Several interagency meetings on this one • At least one internal meeting with Barb and Bill and Susan to try and create a view on how to prioritize listed species /come up with a plan that meets the code as well as could be accepted by the applicants • About 50% of PUD's have EIS's • PUD's are all about compliance with the LDC and GNP • We apply guidelines (like from Fish and Wildlife) unless deviations have been permitted • The Fish and Wildlife guidelines are referenced in the GMT — not re- stated • Actually viewed to have gone relatively smoothly considering the complexities and the number of agencies involved -31- —. 11 'iI.'. i16,ary her, i`i U.(�9G .;.J•L'Dtei-i b-a �tJ, 2005 - a of "9s Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant ■ Took over a year o Reviews done, then EAC, then CCPC, then BOCC ■ Petitioner now gives report to EAC, and staff is asked to offer comments Questions o Is 30 days appropriate for all cases? o When an EIS is present, how can we get through the review in fewer reviews? o What does an applicant expect? o What makes a review "complicated" • Need to do research for prior cases • Preserve establishment Listed species • Native vegetation ■ Number of agencies involved? o Is it relatively normal to spend about 120 hours on a case such as this? What is the norm? o Maybe I can get info from Steve since he keeps track of it so well ? ? ?? 0 -32- is n1 No. 9i✓ i2Yi1" �'' ?'Or a i -1 1,98 0 -33- Enviromnental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Documentation of Pine View PUD AR 7818 L. Rovs PUDA to add Nissan car dealership o Already zoned commercial, but needed to change to allow car dealership o Current zoned C3 going to C5 • Only had 2nd review so far ■ Issue# 1: Preserves did not meet requirements o There had been an update to the code since the prior zoning determination and preserve requirements • Had meetings to come up with ideas on how to deal with wetlands ■ Had to pull SDP for adjoining property • Meeting after the first submittal — had to include previously cleared land in preserve calculations (they were excluding this, so it had the affect of decreasing the amount of acreage needed to meet preserve requirements) • Issue #2: disagreement over drawing of FLUCS lines o We verified by site visit (there can be several) o SFWMD and County have different requirements • Issue #3: argue not wetlands • They have to get a SFWMD determination • History of adjacent site KRAFT where they were allowed to recreate preserves with native vegetation but not native habitats • Issue #4: off site relocation of gopher tortoises because area is flooded • Site visits are needed, for example, to see differences between sub and real canopy and different agencies have different rules for counting it • Issue #5 many changes needed to EIS 0 -33- L` _1 4genCi.a item No, G September 26. 2006 Paae 102 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Rockedge PUD Case 5tuay — Ax 422 i Susan Mason 2.5 years to get completed (8/03 to EAC 11 /05) Actually relatively smooth process working with clients Issue #l: Was a code case concurrently /preserves o Had to get an atty involved to identify amount of preserves that were required and it was determined that 25% was the max o We had wanted to keep a little more due to some listed species • This was a cooperative effort — we offered some options on preserves • Final agreement was to keep certain land as preserves due to listed species, BUT second re- submittal showed no change in preserves, AND Issue #2: Complete redesign when more land acquired o Ended up being a better design, had to give up one area of a plant species, but overall got better amount of preserves in new area purchased o Meeting to redesign — major lag time between second and third re- submittal for the redesign ¢d ' 7 r4 . ,. T t>"l.ial "i'�..w.'+ w17ot,i�%+sit.L G C:dy lF1fid C' i6 i _. l - CYtC',`,i v: i . W`1'i r.,:U.l'S i3f3 ��. � x t✓ <_ :.S ■ Issue #3: Archaelogical issues id'd in the EIS by the state Can't count toward the preserve calculation, but they still did OK b/c of the large amount required as preserve -34- 0 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Passing Along Some Observations in Environmental Services K. Grant Updated 02/22/06 Bill, " gunda Item No. 9G Septemr }er 26, 2006 Page 133 of 198 It has been a pleasure working with your staff to review their business processes and also to observe the operating environment, including how the operation is managed. I'd like to pass along some observations to you that relate more to the people side of the equation. Staff has made it fairly clear to me that there is an undercurrent of something "wrong ", which may point to an underlying morale issue, and it surely offers an opportunity for management to help change the outlook. Here is some of the evidence gathered and some related comments and ideas. Down Trodden? Responses when asked the open ended question: "Tell me things you've wondered why "? included why: Are we always wrong? Does Engineering get rewarded for breaking code? Do we have SMALL grey cubicles? Do we have a smaller workspace than counterparts? Do we have less pay than our perceived counterparts (principal planners)? Do other departments get more staff? More easily? Does everyone think it is our own agenda? Don't we have realistic deadlines? When asked how they feel about the "new" goal to meet the stated 30 day targets they respond: We are being asked to do more than other departments. We're doing it because we are loyal to Bill and Barbara (which is not a good long term motivator). And there is little or no sense of accomplishment, when there is much reason for celebration. Staff uniformly feels as though their input to the Building and Engineering Departments goes unheeded, creating a feeling that they are not even respected amongst thee peers. There seems to be a general sentiment that most developers /customers are trying to "pull one over one us" (maybe they are'.) and that tends to create a defensive posture when dealing with the public. In one client meeting I observed, the simple use of reflective listening skills could have gone a long way towards easing the conversation and reaching a satisfactory conclusion sooner. Finally, there appears to be an "us versus the rest of the world" small group mentality that has evolved possibly to help staff feel less alone against the world and in the face of much criticism and cormnentary. This may be a bit of an overstatement, but the fact of the matter is they have been the under scrutiny for some time and this is a natural reaction to this type of environment. Why is this important? In marry cases these negative and retrospective items are being articulated by the management staff, and this is a defensive and ahnost victim -like posture for managers to have and to present to others. It sends a message to staff members that management has -35- Agenwa lteinii ivo. 9G September 26: 2006 Paae 134 of 193 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant negative feelings about the entire process and work environment, and it also sends a secondary and perhaps more important message to staff that management does not have the wherewithal, ability or authority to change it. The latter runs the risk of eventually tainting the attitudes and actions of staff (especially new staff) towards each other, their peers, and our customers. Also, long term job satisfaction is a major concern here. Not too many people want to work in an environment of negativity and with continual adversarial situations. MY, uess is that management staff has no idea that what they articulate about the experience comes across as it does. There is no intent here to suggest that the reality has been anything other than what they articulate — it was their reality. The intent is to point out they do have at least some control over how they operate, how they are perceived and how they present themselves to others (especially staff reporting to them) including how they think about their role in the entire process. Some ideas The intent is to suggest that a new face be put on the entire experience -- a new face for employees, management, customers and peers. The intent is to encourage management to break free of the past and to create a new "talk line" that much more closely aligns with the experience and environment that they wish to have and wish to lead by. The intent is to provide a reality check that it is time to move out of the past and look forward to a future with more pride, consistency, and sense of accomplishment for everyone involved. This would be a good activity for you, Barbara and Susan to work on together so that they have the benefit of your thoughts on the subject and you can set the appropriate tone. One idea is to really focus on the need for Barbara's role to change from its current one that could be characterized as mentor /team leader to one that is clearly a manager. Part of that new role is setting the tone for the group in a positive and supportive way while creating a little insulation from the harsh realities. This is a nice opportunity for Barbara, especially with the addition of staff and the increased scrutiny to deliver what has been asked of the department. Another is to uncover what motivates the staff members and to fmd a way to match their work experience with what drives them. This takes time and conscious effort on the part of managerent, but it is likely to improve how staff feels about their roles, their contributions, their futures, etc. We talked about how to implement and oversee such a shift in thinking and operation, considering you definitely want to leave the actual management up to Barbara and Susan. Since you recognize that management training is in order for both of them, you may have to play a larger role during this upcoming transition period until they are steady on their feet. If you think that might make some sense, one idea is for the three of you to create the vision and goals, and then meet periodically (maybe every other week) to just talk ' about progress towards those goals and issues that arise. This provides for a coaching -36- 0 0 av1 P_ I Te I ;- SeDler-it)ei- 26, 2006 a q e 13 :? 0 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant opportunity and time spent together at the management level rather than the case level or code level. Other miscellaneous items that might improve "morale ": continue to work on the space planning and assuring staff they will be taken care of, continue to work on the proper alignment of function to actual work (staffing plan), assign Barbara the task of meeting individually with everyone and learning of their motivations and goals and then working out meeting those, and, finally, continue to find ways for you, Barbara and Susan to let the staff know how well they are doing — celebrate the successes. Good luck and please let me know if there is anything further I can do. -37- Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Proposed Organizational Structure: DRAFT #2 Environmental Services W-j Suparvugr Senior oT PrItu:tpal Serdor or Prft';Ipal prlrtclpw Env. —I e-.b Erw S Env SP0CWi-,I Env SPeclgllst EnvSrAcieW pebaftt I I -38- I �,gEmda 9G Sepiei-nber 26. 2006 Page 135 of 198 '4' Manager 7'— W-j Suparvugr Senior oT PrItu:tpal Serdor or Prft';Ipal prlrtclpw Env. —I e-.b Erw S Env SP0CWi-,I Env SPeclgllst EnvSrAcieW pebaftt I I -38- I �,gEmda 9G Sepiei-nber 26. 2006 Page 135 of 198 0 0 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Supervi.wF. Principal or '0 daily Manager itir or Principal I I Senior or Pniriornal l'oport, Vvith Env Speciahs, Env Specialist Env spectaffst Env Specialist Oversee all process control and Worldoed functions. Oversee And train now staff. Handle Supervisor. Principal HR matters for direct reports. I Entry re,-! -stur-ne! Service. Enl Manager Senior or Prinrlpal Senior or Principal Review land use projects and also responsible for senior level Initiatives such as EAC support or code development I �ev-c.!x !and 0•�e PTC]je--*,S a-nc! rr;;.rvcn aclivilies, wish iricreasinqki vc-ls of res.n[insiblWy. Env Specialist Env Specialist Env Specialist 17 Env specialist 39- Iltern yG Pale 137 of 198 Oversee all functions with emphasis on regulatory. Handle HR matters for direct reports. Budget r�sDo. isit, l lily. Oversee all process control and Worldoed functions. Oversee And train now staff. Handle Supervisor. Principal HR matters for direct reports. I Entry re,-! -stur-ne! Service. Enl Manager Senior or Prinrlpal Senior or Principal Review land use projects and also responsible for senior level Initiatives such as EAC support or code development I �ev-c.!x !and 0•�e PTC]je--*,S a-nc! rr;;.rvcn aclivilies, wish iricreasinqki vc-ls of res.n[insiblWy. Env Specialist Env Specialist Env Specialist 17 Env specialist 39- Iltern yG Pale 137 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant 0 So, what's really different? • with growth (doubling) of staff, need to re- think structure • Emphasis on pushing down management and other key functions to appropriate level — Manager had HR for all staff, now delegated some to Senior /Supervisor — Manager had all SME responsibility, now shared with some Principals So, what's really different? • Created clearer career paths and organization that can be flexible to additional growth; if necessary • Supervisor designated with responsibility to oversee workflow /progress towards targets • Added tech position to reallocate work to appropriate level of staff; provides more time for project reviews by professionals Apenca ite^ No, 9G Septtember 26, 2906 ace 138 or" 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant 0 Daify 30alL-4a--t At least monthly eq I � Less fr 'Iert ESL 8P, st — \,I PLIPLT SFV.IfAD Urng, PE E Pj Depa other j .-, USFWS EIS. SC PUPLT � Rmul -41 - t: S APCLO;L T, ' P SFWMD SDP, UD, PL? , ZIS P tstale) r1eml 1 iierr A jrz - N I;; Zeming 26" 2006 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant 0 3 KEY PROCESS DOCUMENTATION FLOWS 40 —10 -42- Ar,ienda item No. 9G September 26. 2006 Page 140 0`1198 E Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant PUD Rezone: Environmental Process Process Steps I Resources A;tsnd pre - = ^pp i ., I - tnv.Chklist nee'Gnp ( •LDC,'G1'P -Site Aerials - Aerials - Consultant � .Applicant (-Support Stab Env review i rtaff 091 CD_ S f planner" reveitiver sal, i ,r Ann comes in !of notM w Suff;cran y rev ew Intake Team 1 j ! Dustndute to j Intake Team individual ruvtewar � I f Env Lrxg in to Tracker reviewers Issues I - Planners not all consistent - Applicants do not always bring enough info for us to i do initial quality review -Take too long L _.- i— --1 Cases sN8 corning to review staff where r requirernen its have not been met/ wastes e time i 1_— -Could be done by - I admin staff - Double work because also put I into CD+ Li ! !_. Check for EIS and Could t>e 1 if present. get this Env done by process going (see rev ewers admin staff EIS sub process) I - 431 - Ideas pre-app meetings -Env go first - Require EIS or Env Consultant attend - Preserve selection paramount - change thinking to create this first in order to to major issues as early as Consider el"ronic..,� submittal and muting idr!ntlfy additional .t :rnerafor Vie intake Team spec'ifrca!ly , EIS Create a admin function in Env seances. 1 Will go away with new system �..r eafe an ad�rnn � fu Vron rn Env i services Agenda Item Nc_ =. 9G September 25, 20106 Page 141 of 198 L� i a] gerlda lie.?- No. 9G Sepleiiiaer 20. 2006 Page 142 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant PUD Rezone: Environmental Process Process Steps Begin revew { e r .. Wiktiife on w j site? as ..rea:e Telterl nnd.- ssntl it with copy of EIS out tnr ' Techni -.a1 Assistance W Po rest cl review jIa r Resources Env Review Staff -All submitted ,j does GMP. LGC. ot�_ -EIS? - Knowledge of iocafion - Review staff - Review stab - Applicant -Other review departments i.,iNP'LDw concurrerry, review mans. etc. See EI6 f review procedures G10P I LGC � f�,mw t- frnenir. icsarb i lh`ehExiender {. I AF) naIs Site visit (I Inlaragency maotings -44- Issues Inadequate workspace -No quiet locations -Tight deadlines -FIFO I - Enough staff? Status calls -Tmx� consuming -Not timetyi risk of re- work -Re -work for all parties I -May hold up EA other comnitttees missing primary info Very time I consuming -Env consultant often not at meetings 3i reviews �.,_ _ � - Ensutracnry I - 3* revterwe 1 Ideas -Drafting tables ' - Telecommut. ing -Reorg of some work -Tell applicants what their due date is? I -Admin staff -Can we work with 1` agencies to get reviews done faster? Also, can we adopt their rules, so we do not have to apply all - Should we regmre segaenuai? -Mow many trket this Intake team f' - Mandatory meet with Env consultants after first review, at discretion of Rev staff -GIS _ - Intake team G[S q amend for replF but cenlinue with review I No i Kequesl plan adjustment, it recess y, Inon ;slnunue wnh mview P1,07-sr MUST be rec --ived i by ? i � R, qLATeS ES ,. Review'? 3o EtS review I tJC Po rest cl review jIa r Resources Env Review Staff -All submitted ,j does GMP. LGC. ot�_ -EIS? - Knowledge of iocafion - Review staff - Review stab - Applicant -Other review departments i.,iNP'LDw concurrerry, review mans. etc. See EI6 f review procedures G10P I LGC � f�,mw t- frnenir. icsarb i lh`ehExiender {. I AF) naIs Site visit (I Inlaragency maotings -44- Issues Inadequate workspace -No quiet locations -Tight deadlines -FIFO I - Enough staff? Status calls -Tmx� consuming -Not timetyi risk of re- work -Re -work for all parties I -May hold up EA other comnitttees missing primary info Very time I consuming -Env consultant often not at meetings 3i reviews �.,_ _ � - Ensutracnry I - 3* revterwe 1 Ideas -Drafting tables ' - Telecommut. ing -Reorg of some work -Tell applicants what their due date is? I -Admin staff -Can we work with 1` agencies to get reviews done faster? Also, can we adopt their rules, so we do not have to apply all - Should we regmre segaenuai? -Mow many trket this Intake team f' - Mandatory meet with Env consultants after first review, at discretion of Rev staff -GIS _ - Intake team G[S 0 11 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant PUD Rezone: Environmental Process Process Steps Resources Issues Ideas i - i I 1 Document review - write on plans, create notes, etc. k fI � f�. Agenda [ten, No. 9G September 25. 2003 Page 143 of 198 l �•_- fiG,FOnZ_ Su7mission and -:nv siatf 1 VeRV g Plans manual - GlScoonnectto •G D +, maybe* { j process aodes.overtays, etr i Gc�urs td•. -Herd to learn I n ed tG Long ieaming evaluate end � aDplicant.s offer salunon� cammun+:ate ,' i with apphcatti' awfi face to faz'< meelings Meet with ' (management, and/ r or meet with client, and /or work w th r'" outside agency; handie issue -Staff time 1_ - -- ome v51ue I -Developers may addId . Some not want to pay for nt value Env cons to attend added I meetings %4gmt tim_ i °_yen up to - — ' Add comments to -En„ staff CD+ and consider review complete .� �� Complete j coversheet, send Env 5 aff email (what does - i this mean?). take � packet to the principal planner (keep EIS copy if ! applicable). %413it for 1 � resuhmSSSian i i -45- - Utilize conflct resolution prc:edure -Cor, we llaoilitate wsues any better? Manual jime t -Admin person del-Tvte,,p.o* et !� could do part of o P this -Herd to learn dotter pre app Long ieaming utter into for curve aDplicant.s -Staff time 1_ - -- ome v51ue I -Developers may addId . Some not want to pay for nt value Env cons to attend added I meetings %4gmt tim_ i °_yen up to - — ' Add comments to -En„ staff CD+ and consider review complete .� �� Complete j coversheet, send Env 5 aff email (what does - i this mean?). take � packet to the principal planner (keep EIS copy if ! applicable). %413it for 1 � resuhmSSSian i i -45- - Utilize conflct resolution prc:edure -Cor, we llaoilitate wsues any better? Manual jime t -Admin person del-Tvte,,p.o* et !� could do part of o P this 17J A 1 Agenda Item No. 9G September 26. 2006 Page 144 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant IPUD Rezone: Environmentai Process Process Steps Resources ( Issues Ideas �3 f2e -review for t ' Ready far approval? n1a i Repeat process as applicable to Yes i complete review ! 1 /y Need to go EAC? Yes 90% of cases ! Env rev ew Lp-p='. affScheduGnp 19, 1 J coordinate staff report }lave staff report be on shared directory \ understa ding of schedule I _ with other deparbrients issues, sorneurnes r j Env admin . Dirtnbute all staff material for EftC } �F agenda? -Who Is staff to EAC? � . -Env revew Attond EAC I meeting 111 r �� j I PP Meeting is conciu; led in Staff Repon I ---- i � - f3ettp aiignment and ti ! send copy of \, staff report to Env staff to review before /r 1 proceeding sometimes changes are not rtsa�l�rrnri I a DoI�%r s'4uve I , ; td be chang&d. 1 to comply oath ' 1 meeting Yes aut^am nip X� -46- 0 0 E Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant PUD Rezone: Environmental Process Process Steps Resources Issues Ideas Yes We to CD+, Add notes, sign off on project -Rev Staff making sure all changes are made (this may happen L after a resubn* or dwVed out pagewplar-) -somettnvrs Em s.ft renire ES -PP. flght? 1-10CC rnentn4 -En' Swf" il anntrwersial II -Snnuah—q channel are not made, and what goes to the CCPC or BOCC In wrong Should staff preside over shoat changes? -Adrnin staff on sheet chariges -Aahmd resubmit rather than Wfbffnw rew&rdt for charges 1",genda 1"Lem No. 9G September 26, 2006 Page 1145 of 198 -47- -NOW Central -Do nW al�-j locadon for Know when cases ooffv*bm agendes are Ong to this cornt"Ittes -0 oae Ern staff have to be there? Who decides? -47- 0 0 t, aenca IIt e €r, No. 9G tA- 8iepteniber 26. 2'06 Page 14th of 198 Environmental Services Final. Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Plans and Plat: Environmental Process Process Steps i Resources f Attend pre -app i meeting App App co nGt} f i 4 Sufft:tenry review ,i i Dr5inbute to inddvidual revtuwer'.I 7 Lo g to to TraCket Cl1e 1 in' EtS and it ,as en.' got this prscv going (see, EIS Sut, pro,,i Sssj �l -PPL - Env.Chklist - LDC /GMP k -Site Plan I - Aerials j- Consultant - Applicant - Support Staff I -Env review staff other CDES planned reveiwer staff A Y ntake i cam I� j Intake Team reviewers I j i I Enu I � revie�•rers I 9 I• Issues - Planners not all consistent - Applicants do not always bring enough info for us to do initial quality review -Take too long Cases still coming to review staff where requtremen is have not been mett wastes time I i •could ba done by admin staff I - Double work because also put i into CD+ I `CpJ 1p be done by adm,ri E;!aft s t Ideas pre -app meetings -Env go first - Require EIS or Env Consultant attend - Preserve selection paramount— change thinking to r create this first in order to ID major r issues as early as i' Consider \. rticatrnnic i submittal and routing "t identity additional cnteris tot the Intake t Team sAeciGcalty f EIS Create an admin � function in Env seances. will go away with new system i t Create an admin tunr_tion in Env Services E 0 A ,gen�a 1 &m Nio. 9G SeDtet-Iiber 26, 2006 gage 14 7 oI 19S Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant 'Plans and Plat: Environmental Process Process Steps j Resources Issues Ideas -inadequate �Drafting tables workspace -Talecommut- -n,, Rev,ew 1 -No quiet ing Sfzff I locations _aeorg of agm revlew _401 Sjt1rr11tLd i Tight some work s deadlines -Gt _ I Jell applicants m.P, -FIFO what their due -Enough date is? staff? -Status calls t Wildlife on site? of location Yes —Ureatelj�—Wr Wric 7 -Admin staff soZ it with coot _.Trne -Can we work with of Ede out for Review stall consuming agencies to get Technical Not timeiy? reviews done Ass stance tc n&k of re- faster? Also, can n ienTw oq we ad opt ,r rules, so we do n ot have to apply all Pend for rerjl�,, bUl C0nUt1Lji7 with Tev,ew three codes? U r t r, ar - Review a f U Gtnent, if -Ap1i..n1 -.c-wnrk for -Q,nUld we requite rIc all Parties I -Other review May No.1 up r-mune wit, departments many • hke u review :Drncess AC,Olnpr -orn, MUST ,x m1t, s EIS - Rqvtew� 1` ,5 I _�j � ( e e �r v ,;rahe; nov, _mLre w � zc z..t— s g , . -_ I m,.ng -intake team primary info -Mandatory meet concurren-, -Very time with Env 7Dc S, rev!eV4 cons consultants after j umin 9 -Env first review, at consultant discretion of Rey Nn i often not at staff • -GIS meetings -3+ reviews s u I j c n team ti 3. re-Ae.ws Gl S Aerials silp V;Sjl mleragency meebnr 4s -49- NE Agenda Item Ivo. 9G September 26, 2000 Paoli 48 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Plans and Plat: Environmental Process Process Steps Resources - Utittrr. conflict submission and l"RY �' routing manual . -GIS connect to process s �nv Document review t, ! meetings .4 s[aff s - write on plans, i create notes, etc _ i i [Mans I 1111 I T w ssxies t3. Ezpartise lIO evaluate anpa w ofEe+r aDluUcummurrcate _g_tt with apolican! ttn 7 face to tact I I I I -Staff time - Meet with ` (sonxe value management, and! or maet with client, added, Soma and/or work with tJ not value outside agency; I arioedt j handle issue 8 za ! Add comments to CD+ and consider i-r review complete I�Complete i coversheet,send email (what does , this mean ?), take packet to the principal planner (keep EIS copy if 1 applicable) 1.1vatt for s u -� env statf.T� Fi--Lnv 5�oft Issues I Ideas i -Hard to lean: - Better pre-apps -Long learning -better info for curet_ applicants ' I ctecirorn - Utittrr. conflict submission and l"RY �' routing manual . -GIS connect to process GPdas/4MBIiey �. i -Hard to lean: - Better pre-apps -Long learning -better info for curet_ applicants ' I - Utittrr. conflict -Developers may resolution not want to pay for �; procedure Env cons to attend -Can we facilitate ! meetings .4 Issues any befter7 s -50- finenual ti fP. tD 1 er pacl:a; to PP _f,dmin person could do Pan of lhis 0 0 I] ,agenda item No. 9G September 26. 2096 Page 149 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Plans and Plat: Environmental Process Process Steps I Re -review for clianoes r Ready ior ` approval. No R'1 e t process as +l applicattie to Yes ? complete review - `h¢eed to po to'- -_.. EAU? v Yes 90% of cases I reaor, I Distribute all f malarial for EAC • rneefing Attend EAC I meeting v thaolrn4 s '.:'Jn.l•Jr7e:; to Slat{ � eaar Da clans Yx;3ae .ki�fra changi* to corripiy meeting Y P.S 5til —=1e N j I Resources -Env review staff -Ern admin stafr -Env review staff -51- Issues with other departments - Scheduling Issues, sometimes n tiC Far. _agenda? -Who is staff to _EAC? sometimes changes are not raohired Ideas J, -PP Coordinate staff report -Have staff report be on shared directory \ - Better understanding of schedule - Better i alignment and sand copy of �. staff report to Env staff to review before I proceedina I! 51 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant -Plans and P- lat: Environmental Process Process Steps Resources Issues Ideas Yes "'parmils be4n,-" rtjcojved and 'reviewed and-' Na parnhMs or adjust Pend for state yesl I plans Add not. to CD sign off on project making sure all changes are made I (this may happen I of a resubff* or changed out Ursurp*7? Agenda Item No. 9G September 26, 2006 Paae 150 of 198 -AdrrAn staff on ethesR changes - Actual resubrrilt, rather than informal resubmit for changes - ;2 - Rev M ail - not made, and -whal 9OL5 1C the L =17` �aCPC ur BDCC ts ong Should staff P'aside a r ver sheet changeO Agenda Item No. 9G September 26, 2006 Paae 150 of 198 -AdrrAn staff on ethesR changes - Actual resubrrilt, rather than informal resubmit for changes - ;2 - E 0 Environmental Services Final Report, March 2005 Kimberley Grant, Senior Management and Operations Consultant DP Review: Environmental Process Process Steps 1 Resources Issues Ideas 4Ilenc are -srn meeting i 7 Env.Chkiist t - LDC!GMP -Site Plan Aenals - Consultant -Applicant - Support Staff -Env review { staff -Other CDES planned revetwer staff , I i 4p;:. comes to ;or nob y Suff.cierc y review, I intake Team � I i Chsck (r I's an:! � t'l t nJ i "E p t 3lSi,e1 r_�n yJ s =.� 5Jt' pm .:SI - Planners not all consistent - Applicants do not always bring enough i info for us to do initial quality review Jake too lo ng 1 Cases stir coming to review staff where requiremen I is have not i been met/ i wastes 6me i -Could be _ done by i admin staff j - Double work because also put into CD+ - 53 - i AUtd he dJR? tly admlR tuz ft artua 1iei'ti Na, 9G September 2'6, 2006 pazle Oi 198 - rtm;aoyn" aaTor ' pre -app meetings -Env go first - Require EIS or Env Consultant attend - Preserve selection paramount — change thinking to create this first in order to ID major issues as early as Cpn seer electronic subrntttel and r ')Utma Identir{ a7dtgonal ..Wrens For the Intake Team sf ; df ^early Create an admin function in Env services. Will go away with new system r' r�a;e �n admin lur Jon In n e, C;r�.ribu:e i individual revrewc -r I : In[ak ?sam Lop rn 1c, Tracker Env revfewars i Chsck (r I's an:! � t'l t nJ i "E p t 3lSi,e1 r_�n yJ s =.� 5Jt' pm .:SI - Planners not all consistent - Applicants do not always bring enough i info for us to do initial quality review Jake too lo ng 1 Cases stir coming to review staff where requiremen I is have not i been met/ i wastes 6me i -Could be _ done by i admin staff j - Double work because also put into CD+ - 53 - i AUtd he dJR? tly admlR tuz ft artua 1iei'ti Na, 9G September 2'6, 2006 pazle Oi 198 - rtm;aoyn" aaTor ' pre -app meetings -Env go first - Require EIS or Env Consultant attend - Preserve selection paramount — change thinking to create this first in order to ID major issues as early as Cpn seer electronic subrntttel and r ')Utma Identir{ a7dtgonal ..Wrens For the Intake Team sf ; df ^early Create an admin function in Env services. Will go away with new system r' r�a;e �n admin lur Jon In n e, BI Agenda 'Item No, 9G September 26, 2000 Page 1 52 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant SDP Review: Environmental Process Process Steps 6egcn review t 1 r" ''- vv1ldFlle on Si10 (-T aa`fe a ar ano and n with copv or Els out for Tecimicel Assistance to I Agencq „____ -i I f mend for reply, but continue with review `Ju � E;ts�uest plan . adjustment, if necessary. Men canfinue wish I reV}E +Vr' pmr-ess. MUST b,- receovec by R qutres EIS-' very few, ...� gxC�pl ��._.. s .............. Suan's ee #to y I - t]o EIS review I No i Do rest of review E �r 2 Resources -=nv R ©vrbw Staff -All submf #tad does GMp, LDC, etc. t T -E1S? - Kn.wiedpe of toi.aUon jReview staff i ReVIPW fiEAff - Applicant -Dthsr review departments GtAP&D- l concurrency, } review maps, etc see EIS revew procedures ILDC amendments Barb �'e etiErtender Aerials Site visit interagency meetings -54- Issues i Ideas i - Inadequate / - Drafting tables `. workspace - Telecommut- -No quiet ing 1 locations { { -Reorg of ' -Tight some work ) r deadlines -Tell applicants -FIFO what their due - Enough date is? staff? Status calls , -Admin stall / -Can we work with -Time consuming agencies to get -Not lfmatyf reviews done risk of re- fasten Also, can woo. 1 we adopt their J i es, so we do not rules, have to apply all ` 1 three codes? / I 7-R.e-work for !1 .- Should we require arties sequential? old up -liaw many like EAC.other ' this') i� committees { M - intake team primary info f - Mandatory meet -Very time with Env consuming consultants after I -Env ,, first review, at consultant discretion of Rev often not at staff i meetings -GIS -3+ reviews - intake team i 3+ mvews -GIs 0 .genda lter;', No. 9G SeOemher 26, 2006 Pape 153 of ? 98 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant SDP Review: Environmental Process Process Steps Resources Issues i Ideas Document review -Env staff VcRY j — write on plans, Pans manual create notes, etc -CD+, maybe process T . Issues to, j r Ecperuse to i res need to evaluate and -Hand to team _ ' rammurncate r affersolutiores -Long learning 'with appftcant, Sta H ctarve fax toface rneetmgs � f Yes i - --- --� Meat with Stall, tans som value -Developers may management and/ pe Y or meet with client, added, some not want to pay for andlor work with �" not value Env cons to attend j outside agency, i added) meetings handle issue Ivtgmt time i {Even up IO 1.) i Add comments to CD+ and consider review complete a c Complete I coversheet, send email (what does this mean ?), take packet to the principal planner (keep EIS copy if j applicable). i 14`atl tOr i iresuhmissrcn i j _Envstaffi i Ivlanuak r � -Env slaty � � rime to ' I deliver packet I to PP Sj -55- submission and routing -GIS connect to codes�overlays. gtc -Better pre-apps - Better inie for applicants Utilize conflaal resotuticn procedure Can we facilitate issues any better? 4,genda Nc; 9u September 26, 2006 Pacle 154 of 1 98 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant SDP Review: Environmental Process Process StePs _r"""' for ananpes Real, lor approval? I N. Repeat process as appkable to Yes complete ravl'!rW to PO 16' Yes in 10% 0! cases see PUD process ior I No re"'Mov Have agmqcy Jlerm[ts been, received and "'feviewed and fV OK' Pendforatate permft or adjust plans ..r OnSONOtir9n. 1 Wa�em t Yes wom Wqh UpolIC2W, and CA to g approveW !eTstered 4 Resources R, V S''.fff A - Applicant Issues 1`7 -manually Intanalve Manually ZCArffttn =hoids tNngs up - 56 - Ideas Admin person hawlie -Have CA have thofr own revrewer CD+ 0 agenda Item No. 9G SePternber 26. 2005 Page 155 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant SDP Review: Environmental Process Process Steps Resources issues ideas 4ppmve case rn r _ Bring cover 5118611 packet back to PP (see PUD Razone 1i for improvement r Lone } -57- 0 FL agenda Item loo. 9G September 26, 2006 Page 156 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Environmental Review Staff: Ideas for Improvement (Productivity and Quality) 2 Implement Telecomrn"ting Impprove productivity due to qulet To be determined. bu[ and studies 720 720 (1) Cdnfirmtechnical ability to access t 1) Probably 1 - 2 days /week for review location and ability to experience show there Is likely to be an requlr programs pamc,panes focuc. Should increase )oh satisfaction for those who are average increase of 1 D % for (Dp +, Webxtender, etc,) (2) Purchase 1 or interested Also allows for flexible each participant. (Assume 2 laptops, (3) Develop work am angement such as 4 members fake advantage and work 1800 hours /year ' interest and schedule, working at home to attend a personal appointment, cle Greasing 1 O % ), (4) Consider implications on team travel time.. members, (5) Pilot/tracktrefine. KG to assist in planning meet, n gs for this Intliative. Saves time in backpedaling, 2 - 3 /month frequency. from hours to deal with 380 72D Enforce procedure 3 Continue to follow the conflict resolution procedure. In so reduces conflict, reduces need to 5 - 40 Including all departments, rein p, assure s= are figure out to work around unintended consequences later levels of management, etc. involved prior to any decisions; consider deferring Responds to planning community. Assume 1 O hours for Sn.[forldent clecis Ions from initial meeting Z but also respects departments and involved before final Environmental plus 25 °h additignel for until hours later after all staff have offered assures ail decision Is made. management time Range appropriate their views. Push dawn as considers all CDES staff involved. many communications end meetings as possible. Sequential process will 250 200 Review with Zoning 4 Redefine requirements for Until preserves are sat it is impossible to approve an SDP, assure that there is not department possible DSAC approval? simultaneous review for PUD7J8OP's to require that Thereto re applicants and staff unnecessary repeat work reviews for the EDP, Consider adding other the preserves be sot and the spend time on submittals that andJOr Staff estimates this would critical items such as EAC hearing has been have no chance of getting save 2 SDP repeat transportation to this completed prior to submitting approved . estimate requirements "first phase" approach, the SDP es each review takes staff 5 each review hours on average. Of approx 50 submitted each year, estimate half go for simultaneous review, 0 0 0 lv fi ill N-, 9G e:)fember 26, 20-6 t-'v�-,° 15 Cif 198 Environmental Services Final Report, March 2006 Kimberley Grant. Senior Management and Operations Consultant 5 Planners more involved in Better alignment of responsibilty Could save average of 5 160 160 (1) Gain agreement In order to have an effective pro preparation for EAC meetings with planner who is aware of the 'cur.'.. se X 32 cases in (1) Meet with Zoning from Planning to shift application meeting sufficient 1) Set and communicate overall schedule. and responsible 20D5 and get agreement to this function. (2) Add information must be provided for schedule and for coordination of tnis type change requirements item to CD *. (3) review Delay in providing this deadlines for staff report Enwronme nial staff spend much (2) Communicate to Create location for critical Info definitely will add 2) Manage schedule and time trying to get others to do their affected parties (3) common drive and duration to the project and most departments to set schedule portions, and in preparing packets, Implement communicate certainly will add additional 3) Expedite completion of staff etc for the meeting, taking time 3) We identty and clarify the revenue and re -work on potentially report amongst all departments away from value added tasks pecking order for estalblshment many aspezis of the project 4) Env Services wife retain but it will and definition if preserve a-ea getting approvals ano including improve in meeting mailing commune 6 for Create criteria for suff ciency Don't acr_epl until really ready for Should reduce repast Bo BD Document and train of EIS for the Team review reviews Potential is intake team including for EIS'., and inclueing avoid onerreview /case Assume 2 having all standard notes on future coursrcase. ,Get about 35 - plan placed in one plave, criteria conflict. 40 /year for the PMP See #4 7 Better office space - Improve speed or reviews, more Improve working conditions Soo 500 (1) Effective space specifically apparatus to allow comfort for staff members which will lead to somewhat planning for new for plan review improved productivity and /or location. (2) In mean improved morale. Estimate time purchase one or 12 hour /review times two drafting tables approximately 1000 located in area to assist reviewslyear with reviews. TOTAL HOURS SAVED FOR - 3870 8480 REVIEW STAFF BY THESE RECOMMENDATIONS Minus addition of Tech -1600 •1800 position . Not productivity benefit Or. close. :tbo ono,jUll time .; .:. 2D TO '; _. ... 4680 t Trorz�;identffietl changes �rainwsta�f�nembsr In Environlinsntal Services 8 IMMEDIATE- QUALITY IMPROVEMENTS Combine Environmental PLEASE SEE SEPARATE Specialists from Inspections SUMMARY OF THIS and PUD Monitoring with RECOMMENDATION existing Environmental Services Staff 9 Set preserve boundaries as In order to have an effective pro Earlier Identification of Cannot (1) Meet with Zoning close as possible during pre- application meeting sufficient issues, should reduce later be and get agreement to app meeting on PUDlrezones information must be provided for conflict and improve quality certain it change requirements 1) Have pre -apps on PUD's review Delay in providing this of submission and/or reduce will (2) Communicate to 2) Environmental Consultant critical Info definitely will add number of re- submits reduce affected parties (3) attend pre -app when an EIS is duration to the project and most number Implement needed or listed species on site certainly will add additional of 3) We identty and clarify the revenue and re -work on potentially reviews, pecking order for estalblshment many aspezis of the project but it will and definition if preserve a-ea improve commune cation and avoid future conflict. See #4 denefits - 59- Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant 9 Radius . ra•work st soalst.d with .rran U.. ah.ngas from this EAC mtg ars not rdsquataty mad. in plan. and CCPC riff report and in BOCC E .... M. Srtrnfn.A.. 7J Pnndpel planner coordinate. preparation of staff reports. Environmental staff provides relevant language 2) Envlronmenta7 staff provide slipult ion language to PP for any changes coming from the EAC meeting. 3) PP gets changes from the EAC meeting to the CCPC meeting and all further changes into Executive summary for the BOCC meeting. 4) Environmental department manager signs off on areff report to BOCC for meal Ing. In as many as 1/3 of the cases going before the CCPC and subsequently the BOCC there is an inaccuracy resulting from missing a Change required by the EAC Not only does this result to a quality issue, If Causes staff much re -work time later when dissonant plans exist and have to be dealt with I Work with Building Time wasted: looks bad to 1 department to improve ffieir customer tracking of pro)atsta so they are not coming to Env to team the oroiect Is back with them I improve Conservation Easement Process /Align Responsibility 1),gpq 'Life conservation easements (Intake Team) to be submitted with the review following the approval of the preserve area 2) Have County Attorney be listed as separate reviewer so status is accurately reflected as such rather than as Environmental Review holding case up 3) Have new Admin staff person handle administrative work related to this requirement i I Electronic Submission and 3 Routing Technology feasibility study This requirement often comes in much later and adds significant overall duration to the review. Also, this creates the ,,appearance" that the Environmental Review staff is holding up the review. Since all EIS's have to be reviewed by the CA, they should be held accountable for getting the work done on time, or at least take it out of the Environmental realm Conduct afeasibility study to understand the potential benefits costs and implementation tasks associated with a transition from the paper oriented processes of today to electronic processes to determine whether this can have the productivity Impact hypothesized for the division. Also would support remote work locations. In addition to the assurance 200 Of quality, staff estimates hours that fully 113 of the cases offset by that go to the CCPC have adding errors that cause future ra- review work. They further estimate step after that, conservatively, 20 meeting additional staff hours plus all others (management, administrator) will be spent to deal withlcomact 20 hours x 10 Cases (113 of those going to EAC in 2005) Occurs 31week for the Quality department and wastes and average of 112 hour each Customs time r Service Reduce repast submittals and denials for this reason. reducing staff time. Also will speed up the overall process if this comes in at this time giving the CA office time to review while other reviews are occurring Impact to be developed as part of the study e 0 hours, but likely t0 shorten overall duration for customer Expected to be the largest potential impact of all suggesti ons = 1�1°rlda item No. 9v Sepiember 261 2006 Page 158 of 198 (1) Work with Planning Staff to implement recommendations. May require changes to CD* to silow additional submittal. (1) Meet with building department and seek ways to implement -- possible improved use of CD* (1) Educate intake team and clients about the new requirement. (2) Add CA to CD* Hire consulting firm to do feasibility study 0 0 0 as tmber 2,5 005 Pale 150 Of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Staffing Plans — Environmental Review Staff Functions Review and Alignment: To -Be Title j # New Role Outline % Time Environmental 1 General Admin • 50% Tech Position o Answer department phones • Handle general inquiries for functions • Add cases to tracking database • Produce reports from tracking database • Assist Reviewers • 50% o Swap -outs Il o Intake of permit apps /pre- review o Process permit apps o Admin process of variances o Admin process of Conservation Easements o Schedule coordination of cases through EAC, CCPC, BOCC, advertising, CA review, etc. o Handle building permits or at least environmental type questions for BP's. Best solution would be to have fully trained BP staff to handle all related functions. Can we do? Environmental 6 Review Applications: Apply the codes 75% Specialist o Review all project types o Meet with clients o Pre -apps o Site visits o Review permit apps o Validate necessary permits and site preparedness • Meetings /Presentations • 10% o EAC Meetings • Present ■ EAC Staff reports o BOCC i • Prepare Executive Summaries ■ Present/attend o CCPC ■ Attend on occasion o Attend industry meetings /networking (maybe should be Sr. responsibility) o Attend Interagency meetings as educational opp or when have difficult case /send both staff member and Sr rep • 10% i Admin/HR o General Public Assistance j o Staff meetings o Train new staff 5% o Professional development • Policy Development o Recommend changes to code based on day to day annlication I Senior ES i 1 INDEPENDENT REVIEWER doing all of above but with little Same as supervision and provides expertise to management, staff, and above ` customers as needed Assist in training new staff (• • Applies /interprets code for internal and external audiences -61- r: Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Principal ES • Does all above, plus • Assist the Manager in one or more of the followvng key areas: o Policy development o Code language development o EAC liaison o Subcommittee representative Supervisor Process Oversight Responsibilities for entire department o Workload distribution o Oversee training of staff (new and existing) o Meet with clients on controversial cases and to assure consistency in application of codes o Maintain current Training Manual o Compile check lists and Section SOPS for reviews, etc o Control • Review progress towards goals /adjust as needed (tracking) • Case audits to assure consistency • Review workload — acceptable to level of proficiency and tenure • Manage all Environmental Specialists and Tech position o HR decisions for reporting staff • Selection, discipline, reviews, time off ■ Training: identify needs, find programs ■ Performance appraisals Agenda 11tenii No. 9G September 26, 2006 Page 160 of 198 • 5 0-Iio • 50`.' /u -62- ■ Oversee professional development/training, via uie Career Progression Path including on ones with staff o Assure consistency in code application o Attend client meetings as needed o Attend pre -app meetings with new staff until they are fully trained • HR decisions Selection, discipline, reviews, time off Manager 1 o o Training: identify needs, find programs o Performance appraisals o Oversee professional development/training via the Career Progression Path including on ones with staff Management 25% • Adequate work space /enviromnent/etc. • Attend weekly staff meeting • 10% 1 • Coach Reporting staff Re- evaluate and approve all departmental procedures and policies 25% Code Development/Refinement /Amendments /Application o Crafts and Recommends changes o GMP Sufficiency Reviews o GMP Private Amendments o SME for all issues internal and external • 1ry p Budget o Develop and Monitor (recommendation authority) o Sign off on expenditures 1 On`" Interrial,'External Relations Meet with clients only as needed on special, difficult cases o o Maintain good relationships with all related agencies o ti4aintain Bond relationships with key internal and external -62- 0 %genda Item No. 9G September 26, 2006 Page 161 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant -63- clients • Consider a monthly meeting amongst manager 10% level within phuming/zoning, intake team, engineering, building department to build camaraderie and create a vehicle for communication • Oversee Special Projects assigned to Principal and Senior ES's o Act as Collier County Subject Matter Expert (SME) Director I . Management/Control • 20% 60% of time on o Oversee/Coach Principal ES and maybe Senior ES Environmental o Exception management regarding weekly reporting Services o Only very few cases involved in details • Budget — final approval a 5% HR actions - final approval • 5% • Procedures — final approval, if needed • 5% j • Regulatory • 20% o More time on the regulatory side of getting the reviews done - consistency o More policy /procedure guidance for staff o LDC /GMP Amendments 5% • EAC Committee Support -63- E Ao Agenda Item l\,o. 9G September 26, 2006 Page 162 of 198 Environmental Services Final Report, March 2006 Kimberley Grant, Senior Management and Operations Consultant Staffing Plan for Environmental Services and Variables Affecting Kim, Bill, Barbara February and March 2006 -64- ____ Staff Description 4 Today (Steve, Laura, Summer, Kirsten) [!!#LEReview I Susan 5 1 1 61a1 today (effective) plus minus 2 -1 New staff (Holly, Claudia) Susan (should move away from doing reviews) 6 Staff available in 6 months — relatively fully trained plus 0,5 I Laura to computer system upgrade vlus 0.25 Stop overtime 6.75 Total future need (so additional staff allows Susan to move to her appropriate job functions and allows for no OT and covers Laura while on computer system upgrade) plus I Need to handle BP - new functions plus 1 Bench strength minus minus Ins -0.5 -0.5 0.25 Shift work to admin person Improvements from other list of changes developed by Staff To allow for Professional Development/Meeting Attendance g Total Need for Review Staff Plus 1 Total Need for Admin Staff (NEW) plus lus 1 ` 1 Total Need for Manager Total Need for Supervisor II Total Staff — Needed g Total Staff — Have 3 Additional Staff'Needed (2 Review, 1 Admiral -64- ____ Agenda Item No. 9G September 26, 2006 Page 163 of 198 " M40;rs September 26, 2006 Pace 164 of 198 Community Development & Environmental Services August 2606 Report on SDP/A, SDPI, AND PLANS AND PLATS (AND AMENDMENTS) Reviews and Approvals i Volume 8 1 Summary of Key August 2006 Metrics (SDP /A Average number of days to review: 16.81 (goal less than 30 days) % on time reviews: 97% (goal is 95 %) Customer Perspective: % on time Cases /Projects:76% Of 51 Cases reviewed, 39 were on time Cases opened: 11 Cases closed: 15 Average number of days to complete cases closed: 260 Shortest duration for a case completed: 32 days, Longest: 1291 days Total outstanding cases 150: (32 pending internal review, 118 pending applicant resubmission) Other noteworthy items Chart 1: Cases closed still show a rise in the number of 0 and 51h submittals, though July results showed signs of returning to a normal distribution and August showed a few cases approved in only two reviews. Further analysis is required to determine reasoning. Page 1 of 6 Lest prinmd 8HR008 1:44:00 FM6:lDocunrnts and $"Ings4m4ddj1 Lo l 8s01ngs\Tsmponry Intamat FIIes1eLK88w8052006 August DlWslon 2006.doc SDP {A Cases have MORE Submittals In 2006 There seems to be a tend In 2006, as 60 oomp+redwlth2006.towudmore submhals to yet oases approved. - 50 d 40�,,. 30 p o° 20 10 O YL�i X4.1 1 St 2nd 3rd 4th 6th and more Submittals to obtain approval ■ Aug -06 ■ Feb 05 - Feb 06 ■ Mar -06 ■ Apr -06 ■ May -06 0 Jun -06 ■ Jul -06 Page 1 of 6 Lest prinmd 8HR008 1:44:00 FM6:lDocunrnts and $"Ings4m4ddj1 Lo l 8s01ngs\Tsmponry Intamat FIIes1eLK88w8052006 August DlWslon 2006.doc September 26, 2006 Page 1,35 ol 198 Community Development & Environmental Services August 2006 Report on SDP/A, SDPI, AND PLANS AND PLATS (AND AMENDMENTS) Reviews and Approvals Volume 8 More Detailed Charts and Text Follow Chart 2: ON TIME ANALYSIS. Analysis for Site Development Plans and Amendments SDP/A's reviewed August 1, 2006 — August 31, 2006. % SIDP/A Reviews Completed within 30 day Target Average for period 93% on Time % On-Time Moving A\erageTrendline 100% 95% 90% ry 85% Goal: 95%On Time 80% 75% Chart 3 — AVERAGE REVIEW TIME. The average number of days it took a staff member to complete a review was 16.81 days. SDP/A Average Number of Days to Review 25 20 0 10 5 X 0 January- February- March-06 April-06 May-06 June-06 July-06 August-06 06 06 Month Page 2 of 6 Law printed 01112006 1:46:00 PMCADocurperft and S*4t1ngz%rnuddjY_oc&1 SettingskTarnporary Internet FileeMKOM9012006 Auqual Wision 200rdoo Aptember 26, 2006 Page 166 of 198 Community Development & Environmental Services August 2006 Report on SDP /A, SDPI, AND PLANS AND PLATS (AND AMENDMENTS) Reviews and Approvals Volume 8 Chart 4: ON TIME ACHIEVEMENT FOR June: Analysis for Site Development Plans and Amendments SDP /A reviewed August 1, 2006 — August 31, 2006. Please note the 97% on -time achievement rate in August exceeds the 90% average achieved over the 13 months ending in August. August 2006 SIDPfA Review Chart 5 — The total number of late reviews from August 1, 2006 — August 31, 2006 was 10, representing 3% of the total number of reviews completed during that period. Below shows the "lateness" of those that were overdue. (NOTE: 40% or 4 reviews were only late by one day) How Late were they in August? Nbre than 11 Nbre Then 6 Days 1 Day Late Days 10% 40% 2 to 5 Days 40% Page 3 of 6 mmponry Mtant Flh�10LK6W012A08 August OMslon 2008.do Lost Pd�d &7120061:44:00 PMCAD -ft md 3W1n0*lmddJLL "' 5st""0slT 11 iember 26. 2006 Pace 167 of 198 Community Development & Environmental Services August 2006 Report on SDP /A, SDPI, AND PLANS AND PLATS (AND AMENDMENTS) Reviews and Approvals Volume 8 Chart 6: Analysis of Overdue Reviews by Review Department: August 2006 Department with Late Reviews # of Reviews 8 /06 #Late % Late Health 2 I 1 1 50 % Current Zoning 42 j 4 10% GIS 22 j 1 5% Transportation 65 1 2 3% 1 Eng Stormwater 42 1 2% j Eng Transportation 29 0 0% Ena Utilities j 34 0 0% Fire I 18 i 0 00/. Long Range Zoning 4 0 0% i Environmental 24 0 0% j I Addressing j 23 1 0 j 0% 1 Landscape 26 0 0% Architectural j 21 0 0% F Utility Billing 19 1 j 5% Chart 7 and 8: SPD /A Outstanding Cases Summary SDPIA as of August, 2006 150 Cases in Process 11 New Cases and 15 Closed cases in August ® # of Pending Internal Review a # of Pending Applicant Submittal Page 4 of 6 Last prtMed 9/1!2006 1:14:00 PMC:Wow"nts end Sat0nq*%— Idj%LocW Sst0ngelT—W—y Intemel Fgas10LK88=012008 AuquM Wsbn 2006.do Chart 8: Ir b] September 26, 2006 Page 168 of 198 Community Development & Environmental Services August 2006 Report on SDP/A, SDPl, AND PLANS AND PLATS (AND AMENDMENTS) Reviews and Approvals Volume 8 NEW Chart 9: This chart represents Insubstantial Changes to Site Development Plans (SDP!). In August 96% of reviews were on -time. SDPI On Time Analysis 240 ■ Qn -time Reviews 200; Late Renews 160 p 120 d a E 80 Z 40 RP Month Page 5 of 6 Lut printed 611/20061:44:00 PMC:1Dmu"nn and G ffinp-lmuddjU._W Satdnq%jT*ff miry Internal FIlso1OLK66106012006 Au6uu1 DlviWon 2006.dm 11 9 �6 2 . 006 a o ?age 16 9 8 i Community Development &L Environmental Services r August 2006 Report on SDPIA, SDPI, AND PLANS AND PUTTS (AND AMENDMENTS) Reviews and Approvals i Volume 8 NEW Chart 10. This chart represents Plans and Plats and Amendments (PPIJA). In August, 91% of reviews were on- time. 160 140 120 d > 100 m .80 m w 0 Z 40 2D 0 PPUA On Time Analysis 112006 2/2006 3/2006 4/2006 5/2006 612006 7/2006 8/2006 Month ■ On -tine Reviews „ Late Reviews Please note: Data used to create this report was extracted from CD+ Perconti Software using Crystal Reporting Version 11 and the charts then created using Excel. Data integrity is an issue with this system and how information was input over time. However, we feel this report is a good representation, recognizing there could be approximately a 5 % margin of error in the reported results. Page 6 of 6 L—t pdnW WI/2DOB 1:41:00 pMCAD—to r d S�inpsMuddjL —I 8at8o0.W.mponry It.—I F11" OLK88180012008 A." DMvlon 2008.dw Aaenda kem No. 9G September 26, 2006 Page 170 of 198 to- 0 O CL w 0 O J�/ i O H m�I a H Z W a W 0 _Z _J m 0 �,gerlda itenn Ike. 9G Sep ember 26 2006 °age 171 of 1,98 C d = M O N ra icon > = W Q U .. � d 0 p "' _a d m C U b m G A — d N U O A C v Q �+ p> Q E a E.. 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F- F F .. W Q zW �- Gw F . w a LU E� Q O O F- lj w z W f.b CL 0 Z �M W I 11 1 Agenda Item No, 9G September 26, 2006 Page 172 of 198 H z w O U c y. y Q O 7CD O d a�i O O O N O O Q O O. � M N r, 7 r E 0 0 6. Z y CL 'fl N O cc O O O C14 T CO r r C •IA 6 V U •- m r �r (O O O O r O CD co O` o N C O CD O O O 00 O N �f (V „� M > Qf f0 { j W N LO �� P- CL U w w O n O O. Q >� CL Ct (0 co O o p t0 O CD O �p p CO O 'G p p O CV CA Q� C p � n T r ` ❑ .. Y ti N 0 CL A Q Q �( Q ❑ ❑ ❑ Q ❑ CL LO LO lt7 I n r r r y Q' W F to 9 W J U J J to to N w Z W O J ~ O U to ''y W 3 'S h 0: m W V W U Z > p > > w > N a LU W = � JQ J u cr U ca H Z t9 I. F- w w M Z W O a 0 Z O c` W a V O U a CC V 2 u. IL w lierr, ND. 9G :�.dhere11ee to FY 07 Budget Polie Guidelines JV aage f,3 c, �9s Policy Area I Budget Policy FY 07 Proposed Budget Guidelines <t-ounry ivianager's Agency) General Fund Millage i Roll Back above 16% increase in taxable value - - - -------------- - -- Roll Back above 16% increase (S22 million) in taxable value (3.5912 mills = savings of $28.60 per $100,000 of taxable value). 520.2M UFR Funds available Mgmt. Offices 7.50 MSTD General Fund Millage Millage Neutral (0.8069 mills) ' Millage Neutral (0.8069 mills); S7.2M UFR Funds available. j Public Services 2.00 General Fund Capital i Millage 0.3333 mill equivalent j 0.3333 mill equivalent i CDES 2.50 Stormwater Millage 0.1500 mill equivalent 0.1500 mill equivalent Total 24.50 Limit on New Positions 25 new positions (net) County Manager expanded positions: <t-ounry ivianager's Agency) Division Number Mgmt. Offices 7.50 Administrative Services 3.50 j Public Services 2.00 Public Utilities 8.00 CDES 2.50 Transportation 1.00 Total 24.50 Agency General Fund budget The Board adopted a Agency /Program Area: increases budget policy limiting FY 07Agency budgets BCC- 6.4% to 12 %. County Attorney 8.6% County Manager Courts /Related — (24.5 %) Airport Authority* — 21.0% Clerk of Courts — 5.0% Sheriff - 11.6% Property Appraiser - (2.7 %) j Tax Collector ** - n/a Elections - 10.9% *Airport budget reflects large increase in property insurance allocation. ** Tax Collector budget submitted on August 1, 2006. 0 Policy Area Adherence to General Fund Budget Allocation Provide Budget Metrics Budget Policy Guidelines The Board adopted a budget policy limiting FY 07Agency budgets to no more than the percentage their FY 04 budgets represented of total FY 04 General Fund budget appropriations. Provide Comparative Budget Data using FY 07 adopted budget data (cost and employees per capita based on unincorporated area population) by Agency for Similar Sized Florida Counties Recommended counties for comparison purposes include: 1. Sarasota County 2. Lee County 3. Manatee County 4. Charlotte County 5. Marion County Overtime Limits overtime to no more than the product of 2.00 multiplied by the 2% attrition amount. agenda item No, 9G September 26, 2006 FY 07 Proposed Bu( Agency /Program Area: BCC - yes County Manager - yes Courts /Related — yes Airport Authority — yes Road Subsidy - no Capital yes Stormwater* no Reserves — no Clerk of Courts — yes Sheriff - yes Property Appraiser - yes Tax Collector ** - n/a Elections - yes *Stormwater capital allocation was not component of the FY 04 General Fund budget (pie). " ** Tax Collector budget submitted on August 1, 2006. County Manager - yes Sheriff - yes Elections - yes Tax Collector* - no Clerk ** - no Property Appraiser * ** - no *August 1 budget submittal *Article V budget revisions ** *Budget approved by State Department or Agency Exceptions: EMS & Fire Districts Domestic Animal Services Water/Wastewater Fleet Management Facilities Management Building Review /Permitting Traffic Operations Pelican Bay Sheriff Agenda Item No. 9G September 26, 2006 Page 175 of 198 ilm i � agenda Item No. 9G Septei-nber 26, 2006 aae 176 of 198 • 0 cu Cl) r. m M" co `Denda heir, No, 9G S-apterriber 26, 2006 Page 177 of 198 C) (Z) C) C) C) CD C) CD C) C) C) LO CD LO CD U') 04 64 63 60- 69- C) >1 U) 0 W 2 M 0 0 m 0 C) 0 C) 0 O o Agenda item No. 91G, September 26, 2006 Page 178 of 198 I I .urn _ �a ITerr. Nc., 9G Sep-Lember 26, 2006 Pacie 179 of 198 rl- 00 00 C14 OIR n tn 00 00 C-4 00 M -1V cz Cd max.? up� aj 4-1 11-4 7j Ln En I I .urn _ �a ITerr. Nc., 9G Sep-Lember 26, 2006 Pacie 179 of 198 Agenda Item No. 9G September 26, 2006 Paae 180 of 198 [no A 4111M '--nda -mNlo. 9G September 26, 2006 Page lial of 198 a In a] agenda Item No. 9G Septei-nber 216, 2006 Page 182 of 198 Co�[er County TABLE OF CONTENTS Employee Recognition Proram ........................... ..............................1 ■ Summary of Program ■ Employee Recognition Philosophy On The SpotT11 Recognition ............................. ..............................4 ■ The "ThankSTM" Program Updating the Service Awards Program .............................................. 8 ■ Gift Bag ■ Sample Selection of Gift Bag Items ■ New Certificate Frames Employee of the Month/Employee of the Year Program ......................12 ■ "Supervisor of the Year" and "Team of the Year" ■ Media Exposure Summary.................................................................................. 16 ` -',gar d iPr`; No. 9C S ,,termer 26, 2006 Page 183 of 198 CO r is CO-Uftty x EMPLOYEE RECOGNITION PROGRAM The average Collier County employee resigns after only 4.4 years on the job. Collier County's main challenge is not only recruiting a high level staff, but retaining a first -rate workforce. Furthermore, the average age at leaving is 44 years. This indicates that those leaving are most likely pursuing other job opportunities that simply mean that we must make every effort to retain our employees. The Collier County Employee Recognition Program is designed to acknowledge employees who have remained dedicated to serving the needs of Collier County citizens in an outstanding manner. The program is designed to reach out to all Collier County employees and make each of them feel appreciated. agenda Derr No_ 9G September 26, 2906 Paae 1 S4 of 198 0 Overall, the Collier County Employee Recognition Program consists of 3 major elements: 1. On The SpotTm recognition rt Aa4f 2. County Manager's Service Awards is �4 3. Employee of the Month, Employee of the Year, and Supervisor of the Year Awards. 0 Rgen a I ern Nia, 9G 2- v zei11 ber 26. ?OOE Paae f B5 Cf 19 8 Cot -i e.-.r C;ounty r THE EMPLOYEE RECOGNITION PROGRAM In order to accomplish its mission, Collier County's Employee Recognition Program will administer and promote programs and services to enhance employee morale and celebrate employee loyalty, commitment, and involvement. Employee participation in these activities will promote and perpetuate Collier County's shared values of team work, individual excellence, innovation, continuous improvement, quality, and performance. The result should lower costs, improve services, help retain employees, and 0 most importantly, acknowledge and recognize our outstanding performers. .......10 ;agenda Item No. 9G Septem'er 26. 2006 Pane 186 of 198 County On The SpotTm Recognition Administrators and Department Directors need the ability to immediately recognize their outstanding employees. Everyone appreciates a simple "Thank you" and studies show that immediate recognition is an extremely effective motivator. The result will promote positive behavior and boost morale. The 1.0-01 The rIv s will provide a way for management to show appreciation "On the SpotTM" The Thanks TM program vendor is O.C. Tanner and will be administered and coordinated by the Collier County employee recognition coordinator. 4 Agenda Item No. 9G Seafember 26. 2006 °a e 67 ` A 9b The program will begin by distributing to all administrators and directors a Thanks TM box containing 10 gift cards. • Each gift card can be redeemed on the www.thanks.com website. Employees may choose from a variety of gifts ranging from credit toward services such as a Merry MaidsTm house cleaning or a TerminexTM treatment; to gifts such as jewelry and personal accessories. The selections available on www, thanks. cpm vary and change frequently. All costs - including shipping and handling -are included in the gift card. Extra boxes will be kept with the Employee Recognition Coordinator. Agenda Item No. 9G September 26. 2006 Wage 188 of 198 Managment will be encouraged to identify activities and behaviors that are to be rewarded to individuals or groups. ■ The cards should be presented with a personalized note to the employee, preferably in front of peers. • The Thanks TM program will provide periodic reports to management so as to monitor its usage. With the Thanks TM program, Collier County directors and managers have the potential to recognize up to 30% of Collier County employees on an annual basis. --, t0' t4aw%kT ,.1 ■ Connects employees to their managers. Increases employee engagement by letting them know their hard work is noticed and appreciated. Actions that are praise worthy, but not necessarily "prize worthy" can still be applauded by utilizing the a -cards portion of Thanks TM. Simply go to the website 4vwo.,.thaiiks.corrntcoliierco and choose from a variety of "e- cards." • Each director and administrator will be given a box of traditional "thank you" cards that he or she may use to hand -write a thank you note to employees that are deserving of a personal thank you. 6 0 Ag'atl`u? ]tells . 9'J JePiernb —:J ; 25. 2006 P @ge 189 Of 198 Implementation of the Program: O.C. Tanner, a leading employee recognition company, is the vendor for the program. Representatives of O.C. Tanner will spend a day training the staff on the purpose of the Recognition Program and give helpful tips on how to implement the program for optimal results. 1�1 7 1C31 �� ... ... _ .. ,...• ... :. dA�,w.. was >J� Ffe Edit Vbw Favorites Tools Help <° y •`•.�: - ,.�,� ft ! 5earCh :. -' Ffi oiyr abr Address h u)s:(jwww t'uar�Fs.[om�.olE�rca! - Rio Lk""s ` Collier County Human Resources I' t r.tt r uUn! shaje i i B t k� I '+fir Ir Y :: � � 4 V: %jam l f t { . .. • --_� _ �� r%'� '+.. V Celebrate +1 e small, and teat so small, suc _: es i teat take y ou, your tarn and Collier ..'cunt J s y H'' mate RarourcP . to o new level Jump in Be I '.; Done .... .- F— rr— F 15 kntenrt 1�1 7 1] 4 Agenda here N'o. 9G September 26, 2006 r age 190 of 193 r CO--- rJe County THE SERVICE AWARD PROGRAM In an effort to "dress up" the County Manager's Service Award program, several new initiatives are being implemented: It represents a milestone when an employee has been with the Collier County for five (5) years and longer. We wanted to create a unique reward to be presented to employees at the monthly Service Award Breakfast that will bolster employee interest and attendance in the program. After attending the awards breakfast, County Employees will return to their worksites and show co- workers the great things that they received at the breakfast. N 0 EACH HONOREE WILL RECEIVE A GIFT BAG THAT INCLUDES: Each will contain: r.,nenda lern lie. 9G Septeniber 26. 2005 Page 191 of 198 Automatic- opening umbrella with Collier County logo 9 Beach Towel printed with Collier County Logo 9 11, .-'D Coffee Mug printed with Collier County logo 10 Agenda Iter, No. 9G September 26, 2006 Paae 192 of 198 1] 4 enda Item loo. 9G Se ,Dtember 26. 2006 Page :'93 of 196 NEW CERTIFICATES AND FRAMES: One simple and cost effective way to update our monthly service awards is by replacing our cheap, plastic certificate holders with a classic wood frame. The certificates are being revised to include the Contemporary "Collier County" logo printed on a traditional linen -stock paper. CONTINUE COUNTY MANAGER'S SERVICE AWARD BREAKFAST: The service award breakfasts have proved very popular and successful. 0 Employees get to meet the County Manager and a Commissioner "Close up and C personal." This program provides an opportunity for management at the highest level to recognize employees who have reached milestones in their careers. With providing an even more tangible way to say "Thank you," with the presentation of gift bags, this program will even prove more successful. 11 „genda lLem No. 9G September 26, 2006 Page 194 of 198 [I ier C;o`--- .r county EMPLOYEE OF THE MONTH & EMPLOYEE OF THE YEAR PROGRAMS Participation in the Employee of The Month Program has been lackluster in part to a general lack of interest in the program by employees and in part by a lack of encouragement and participation by supervisors. One of our objectives it to renew participation in the program by providing incentives to both supervisors and employees to nominate candidates for Employee of the Month. ■ The program will now encourage employees to nominate a supervisor for the "Supervisor of the Year” award. Employees will be allowed to submit applications on behalf of supervisors that are great bosses. 12 Agenda hens No. 9G September 26; 2006 Page 196 of 198 .s co kE co"Vity Media Exposure t he "4 Public recognition of Collier County Employees and their achievements is important. The Employee Recognition Coordinator is working with the Office of Communications and Customer Service to encourage more active participation with local media outlets to showcase outstanding Collier County employee performance. r: 14 CJ 0 0 .'agenda Itern No, OG September 26, 2006 Page 197 of 19S' For example: Mike Ossario with Building Review and Permitting was selected as "Employee of the Month" for July, 2006. In 2005, this employee fined 289 unlicensed contractors; amounting to $86,700 in fines. He returned $154, 517 to home owners in contract disputes. In one instance, this Collier County employee returned $28, 567 from an unlicensed contractor to residents of both Collier and Lee Counties. This is the kind of story that merits attention in the local TV and newspaper outlets. It does not just simply recognize the good deeds of the employee, but it also bolsters taxpayer confidence in Collier County and its employees. 15 Ir —1 Agenda Item No. 9G September 26, 2006 Paae ' 98 of 198 Cot L" %WP Ut SUMMARY "Recognition is one of the key characteristics of a great organization. Recognition, often thought of as the softer side of business, is now proved to be a core attribute of great managers and companies. It is a simple truth: we work harder at places where we feel recognized and valued for our unique contributions. And valued and engaged employees bring great value to their organizations." Wall Street Joumal 16 OBJECTIVE: To complete the annual performance appraisal for the Executive Manager to the BCC. CONSIDERATIONS: The Executive Manager to the BCC reports directly to the Board of County Commissioners. The Executive Manager to the BCC has provided an FY 2006 Action Plan to each commissioner to complete. She has also provided comments on the action plan of accomplishments during the past year. The evaluation completed by each commissioner is included in the backup, as well as their comments. Page 6 of employee's contract reads: Section 5. Salary: A. COUNTY agrees to pay EMPLOYEE for her services rendered pursuant hereto an annual base salary of $67,075.00 payable in biweekly installments. B. COUNTY and EMPLOYEE agree that the attached Action Plan (Exhibit 3), criteria in Section 9, and the attached Job Description shall be used to evaluate the EMPLOYEE's performance. Such annual performance based merit adjustment shall not exceed a maximum of ten percent (10 %) of the EMPLOYEE's annual base salary. The minimum increase for satisfactory performance under such performance based merit system will equal the average percentage salary adjustment provided to all County employees for the given fiscal year or three percent (3 %) whichever is greater. All such merit adjustments shall be included in the EMPLOYEE's base salary or provided as a one -time lump sum bonus, as determined by the COUNTY. C. On the date that general wage adjustments (i.e., cost of living adjustments, special study pay adjustments, etc.) are granted generally to Collier County employees, EMPLOYEE's base salary shall be modified to reflect the general wage adjustment granted to other County employees. FISCAL IMPACT: Included in the backup is a spreadsheet provided by Human Resources with salary calculations. GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners complete the annual performance appraisal process for the Executive Manager to the BCC and determine salary adjustment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 26, 2006 Agenda Item No. 9H September 26. 2006 Page 2 of 61 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9H Item Summary: The Annual Performance Appraisal for the Executive Manager to the BCC. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 911112006 9:19:31 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911812006 12:04 PM Commissioners CDom o- p CV O Z 6 co EN O a) Cll (Q — � d t0 N Q O'1 � Q Cl) U c Co �0 O g 3 w �W — m _ 1.1_ W m j C CnQ CD U O X N W N Q W 1 3 E c 3 r w= Cl) o 0 ccmn Or-cn1l.01 O m cri cri m ri m► toUAOUAunUnUA O 0oitpc�COfVapaj C H In u) In U-) Ln In Cbb G � s E0 E 0 U to cn cn an uj cn W� V G vcn vv vv O E U E O U tnc'oQC'7t�NO') O lh y � � e oE: U O m N et --t to m N 07 G � M E_ 0 U vcocnlncnvcn G � a� E LL E 0 v w a5 c g m � 3 C c E_N t�a EE g O LL UO a U 'O Q; O 7 lu z C 1 0000m E O vo ' 0 >a c0 n Q0mCLUm0> Page 1 of 1 Agenda Item No. 9H September 26, 2006 filSon S Page 4 of 61 From: TallonOfelia Sent: Friday, September 15, 2006 2:52 PM To: filson s Cc: muddJ; merritt_{; albonesidon Subject: Salary Sue: Per our telephone conversation, here is how the pay increase will be calculated for your salary (COLA, MERIT): Base Salary: $67,074.72 COLA (4.7 %): $ 3,152.51 (COLA is calculated off your current base pay) = $70,227.23 Possible merit increases: MERIT @ 3% $2,019.27 (MERIT is calculated off the marketpoint of your pay grade, in your case, that amount is $67,309.00) = $72,246.50 (COLA 4.7 %, MERIT 3 %) MERIT @ 4% $2,692.36 = $72,919.59 (COLA 4.7 %, MERIT 4 %) MERIT @ 5% $3,365.45 = $73,592.68 (COLA 4.7 %, MERIT 5 %) MERIT @ 6% $4,038.54 = $74,040.00* (COLA 4.7 %, MERIT 6 %); LUMP SUM AMOUNT $225.77 ( *Lump Sum Merit Point) MERIT @ 7% $4,711.63 = $74,040.00 (COLA 4.7 %, MERIT 70/6); LUMP SUM AMOUNT $898.86 MERIT @ 8% $5,384.72 = $74,040.00 (COLA 4.7 %, MERIT 8 %); LUMP SUM AMOUNT $1,571.95 MERIT @ 9% $6,057.81 = $74,040.00 (COLA 4.7 %, MERIT 9 %); LUMP SUM AMOUNT $2,245.04 MERIT cQ 10% $6730.90 = $74,040.00 (COLA 4.7 %, MERIT 10 %); LUMP SUM AMOUNT $2,918.13 Please note that these calculations are based on non - contractual pay plan process. If you have any questions, please feel free to give me a call. 0 f ¢lia T'allon, PIV, Compensation Analyst (239) 774 -8715 9/18/2006 Agenda Item No. 9H September 26, 2006 Page 5of61 GRADE TITLE ON NK PTT MAX LUMP EMERGENCY MANAGEMENT COORDINATOR $57,213 $67,309 $84,136 SUM EXECUTIVE MANAGER TO THE BCC $57,213 $67,309 $84,136 MERIT 22 Exempt - Annual I con'tl $57,213 $67,309 $84,136 POINT GIS PROGRAMMER ANALYST, SENIOR $54,488 $64,103 $80,129 $70,513 GRANTS DEVELOPMENT & MGMT COORDINATOR $54,488 $64,103 $80,129 $70,513 LIBRARY AUTOMATION SPECIALIST $54,488 $64,103 $80,129 $70,513 MANAGEMENT/BUDGET ANALYST, SENIOR $54,488 $64,103 $80,129 $70,513 MANAGER - ENVIRONMENTAL COMPLIANCE $54,488 $64,103 $60,129 $70,513 MANAGER - FED/STATE GRANTS ADMIN $54,488 $64,103 $80,129 $70,513 MANAGER - FED/STATE GRANTS OPERATIONS $54,488 $64,103 $80,129 $70,513 MANAGER - GROUP INSURANCE $54,488 $64,103 $80,129 $70,513 MANAGER - IRRIGATION QUALITY $54,488 $64,103 $80,129 $70,513 MANAGER - OCCUPATIONAL HEALTH & SAFETY $54,488 $64,103 $80,129 $70,513 MANAGER - PARK OPERATIONS $54,488 $64,103 $80,129 $70,513 MANAGER - PROPERTY ACQUISITION & SALES $54,488 $64,103 $80,129 $70,513 MANAGER - REGULATION/OPERATIONS - CDES $54,488 $64,103 $80,129 $70,513 MANAGER - REVENUE $54,488 $64,103 $80,129 $70,513 MANAGER - RISK $54,488 $64,103 $80,129 $70,513 MANAGER - SHELTER OPERATIONS $54,488 $64,103 $80,129 $70,513 MANAGER - SOLID WASTE OPERATIONS $54,488 $64,103 $80,129 $70,513 MANAGER - WASTE REDUCTION AND RECYCLING $54,488 $64,103 $80,129 $70,513 MANAGER - WASTEWATER RECYCLING $54,488 $64,103 $80,129 $70,513 MANAGER - WELLNESS PROGRAMS $54,488 $64,103 $80,129 $70,513 NETWORK ENGINEER $54,488 $64,103 $80,129 $70,513 PLANNER, PRINCIPAL $54,488 $64,103 $80,129 $70,513 PROJECT MANAGER $54,488 $64,103 $80,129 $70,513 SENIOR SUPERVISOR - LIBRARY $54,488 $64,103 $80,129 $70,513 SIGNAL SYSTEMS NETWORK ENGINEER $54,488 $64,103 $80,129 $70,513 SUPERVISOR - ACCOUNTING $54,488 $64,103 $80,129 $70,513 23 Non Exempt - Hourly None Exempt - Annual c� D ASSISTANT TO THE COUNTY MANAGER $57,213 $67,309 $84,136 $74,040 EMERGENCY MANAGEMENT COORDINATOR $57,213 $67,309 $84,136 $74,040 EXECUTIVE MANAGER TO THE BCC $57,213 $67,309 $84,136 $74,040 HUMAN SERVICES PROGRAM MANAGER $57,213 $67,309 $84,136 $74,040 MANAGER - CONTRACTS ADMINISTRATION $57,213 $67,309 $84,136 $74,040 Page 13 of 21 in Agenda Item No. 9H September 26, 2006 Page 6 of 61 MEMORANDUM DATt: July 24, 2006 TO: Commissioner Frank Halas, Chairman Commissioner Jim Coletta, Vice Chairman Commissioner Donna Fiala, District 1 ✓ Commissioner Tom Henning, District 3 Commissioner Fred Coyle, District 4 FROM: Sue Filson, Executive Manager to BCC RE: Evaluation Attached to this memorandum please find a copy of my evaluation that was a part of the contract approved by the Board of County Commissioners on May 23, 2006. Section 9. Performance Evaluation: The COUNTY shall review and evaluate the performance of the EMPLOYEE in accordance with the performance -based merit system as provided in Section 5. Written evaluations based on said performance system will be provided by each County Commissioner to EMPLOYEE prior to October 1, 2006, and prior to each October I" thereafter for the term of this Agreement. A summary of all evaluations will be prepared by the EMPLOYEE, distributed to the COUNTY, and placed on the Board agenda for the last meeting in September for the term of this Agreement. A merit system wage adjustment will take effect on October 1, 2006 and each October l' thereafter for the term of this Agreement. An updated Action Plan for EMPLOYEE will be developed in good faith between the Board of County Commissioners and EMPLOYEE and adopted by the Board prior to October I" of each fiscal year for implementation in the next fiscal yam• Please complete the evaluation and return to me. I have created an Excel spreadsheet to total and average the individual evaluations. According to the Contract, I will place the final results on the Board's agenda for the 2"d meeting in September. Thank you. The following Action Plan has been developed in an effort to provide clear expectations for the Executive Manager to the Board of County Commissioners for the period from May 23, 2006 through September 2006. The Action Plan is based on the broad areas generally expected to be performed by the Executive Manager. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the Executive Manager's performance by rating each of the following performance objectives utilizing the following rating factors. Individual evaluations will be totaled and averaged to determine the Board's collective position. Type of Evaluation: X Annual Special Reason Time in Classification: 17 Years Review Dates: 8 -1-05 to 8-1 -06 RATING FACTORS: Exceptional = 5 Highly Successful = 4 Successful = 3 Development Required = Z TOTAL RATING: '31 Commissioner: Date 7--V-06 ********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Key Results Area Measure Rating BUDGET AND OTHER FISCAL prepare and present the budget to the Board of County ISSUES Commissioners during budget hearings; Timely and accurately administer and monitor the budget throughout the fiscal year, including review of all Field Purchase Orders and purchase Orders; approve all purchases for the Board of County Commissioners office; seeks the best solutions and business practices to ensure fiscally responsible, mutually beneficial decisions on behalf of the taxpayers and the County. Comments regarding Budget and Other Fiscal Issues Budget was completed in a timely manner and request for 2006/2007 budget was well under the 12% threshold. Budget is monitored on a monthly basis and spreadsheets prepared to respond to inquiries on a timely basis. All purchase orders are prepared in a timely manner and forwarded to Finance for payment. Attended GovMax Budget Training 3 -7 -06. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 PERSONNEL RELATED ISSUES Interview, hire, supervise, train, evaluate, discipline and coordinate activities of administrative staff of the Board of County Commissioners' office and keep affected commissioners informed of decisions; foster a "team environment" and regularly demonstrate the ability to work ' co ration 'th co- workers and others on the Io ; ehavior towards co- workers demonstrates positive support and respect; provide coaching, counseling, mentoring, encouragement, guidance and support of employees' own personal development and improvement efforts; conduct weekly staff meetings with the Administrative staff of the Board of County Commissioners' office; inspire and motivate employees to embrace the vision and mission statement and to perform to the highest degree possible; sets aggressive goals and objectives for employees, holds employees accountable and evaluates performance Comments regarding Personnel Related Issues 3 During interview process I make an effort to find the person with the best skills for the job and who will fit into our office both professionally and as a team player. I hold weekly staff' meetings and encourage employees to set goals that can be attained. During the summer break I requested that the employees schedule tours of the various County Departments so that they can meet the staff that they deal with on a daily basis and get a better idea of their positions in the County. I also strongly encourage the staff to take all classes (spreadsheet attached) that are mandatory by the County for employees under the County Manager, as well as courses that will help to improve their positions in the County. It is my opinion that our office works as a team. I attended a "management class" entitled Management Styles and Team Building in an effort to improve my management skills. Attended Accident/Incident Investigation & Reporting Procedures 2 -2 -06 Retrofitted office with ergonomic chairs and foot rests to reduce stress on employees so they are more comfortable in their sedentary environment. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 ACTION PLAN.20W2007 Key Results Area Measure Rating ADVISORY BOARDS Coordinate advisory committees and/or task forces initiated by the Board of County Commissioners, including sending out letters of term expirations, press releases, coordinating with Elections to ensure they are electors, coordinating with staff for recommendations, preparing executive summaries and presenting to the Board of County Commissioners at meetings, notifying all applicants of appointments, maintain current membership lists, maintain up -to -date files on all advisory committees and schedule and prepare New Service Awards and Outstanding Member Programs; act as Liaison with the Division of Elections for reporting Minority and Physically Disabled Appointments Comments regarding Advisory Boards The Board instituted a new service award and outstanding advisory committee member of the month program which has been very successful with positive feedback. All executive summaries are prepared for the next scheduled agenda date after receipt of recommendations. Members are notified by mail the next day after appointments are made and the membership list is updated immediately. I work with the staff liaisons for the respective committees to complete the Report of Minority and Physically Disabled Appointments and forward to the Division of Elections prior to deadline. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 ACUIDN PLAN M6407,: CUSTOMER SERVICE / Exhibit helpful, courteous and appropriate conduct COMMUNICATIONS towards customers and others; act in a professional manner and promote the concept of professionalism with the public, BCC staff, constitutional officers and co- workers by portraying a positive demeanor and engaging in activities that instill confidence and respect for the BCC and BCC office; acts as an ambassador of Collier County Government both inside and outside of the workplace; listens and responds to public requests while anticipating future needs; interpersonal interactions are positive and proactive with communication of information being the highest priority; Maintain frequent communication with all levels of County government, external agencies, local businesses, community groups, the media, constituents, and the general public; coordinate the collection and/or distribution of information pertaining to the Board of County Commissioners' activities. Comments regarding Customer Service / Communications a I interact with all levels of government, from State government to County government, as well as constituents regarding advisory committees. a I have a County Web page for advisory committees and post all press releases to the County Web Page for a broader circulation. a I worked with I.T. to establish an on -line advisory committee application and, to date, have received over 350 applications via the web site. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 AC7 Key Results Area IN PLAN 2(t Measure BOARD OF COUNTY Attend Board of County Commissioners' meetings and CONMESSION MEETINGS workshops as needed; prepare items for the Board of County Commissioners' agenda; coordinate workshops, evening public hearings; prepare original documents for signature and assist Chairman; coordinate and announce registered speakers; participate in emergency events and meetings, filling whatever role deemed necessary in an emergency situation; Attend Strategic Planning Sessions to coordinate commissioners' schedules and commitments Comments regarding Board of County Commission Meetings Rating • Have attend BCC meetings and workshops • Prepare all executive summaries relating to advisory committees • Coordinate all BCC Workshops I monitor the agenda prior to printing to ensure all quasi- judicial hearings are noted so the Commissioner's aide can prepare the ex parte for the BCC meeting • Prepare agenda index for Chairman with all changes noted • Process all original documents Evaluation Rating Document Agenda Item No. 9H September 26, 2006 GENERAL Act as coordinator between the Board of County Commissioners and the Commission on Ethics, including, acting as Local Agency Coordinator for the financial disclosure notification system and working with advisory board members, elected officiald county employees; Coordinate Value Adjustment Board events including working with the clerk's office, county attorney and school board to set dates, prepare executive summary for Board of County Commissioners approval, and coordinate with aides for commissioners' calendars; Accept advice and constructive feedback agreeably and modifies behavior accordingly; attend at least two pre- approved government related conferences and one management conference annually, and share conference notes and information with administrative staff and Commissioners; maintain the confidence and trust of the Commission by not divulging information or discussing information with inappropriate parties; meet with the Finance Director from time to time regarding original documents; meet with the County Manager's Office to coordinate issues between offices; drives the efforts of the team in meeting or exceeding established deadlines with results that are thorough and accurate; works with team members both inside and outside of the department to accomplish organizational goals. Comments regarding General • Commission on Ethics - financial disclosure notification system — completed electronically 1 -18-06 • Division of Elections — Minority & Physically Disabled Appointment Reports — 11 -28 -05 • Value Adjustment Board — Executive Summary on 5 -23 -06 agenda to appoint members and schedule hearings • Clerk of Court — Coordinate with Clerk on ballots for Pelican Bay Services Division Board • Government Related Class — Management Styles and Teambuilding — 6-15 -06 • Government Related Class - Accident Reporting — 2 -2-06 Evaluation Rating Document Agenda Item No. 9H September 26, 2006 AiMON PLAN Key Results Area Measure Rating EFFECTIVENESS AND Organizes work and prioritizes specific and attainable PRODUCTIVITY goals; monitors work, creates focus and eliminates roadblocks; produces quality work in accordance with schedules and deadlines; seeks new technologies and methods to improve quantity and quality of work/services; understands the roles and responsibilities of others; understands policies, procedures, rules, regulations and applicable ordinances; conceives and recommends creative ideas; understands and manages the creative process and utilizes good judgment. Comments Effectiveness and Productivity • Created forms unique to BCC office for financial reimbursements. • Made up "Commission Office Operation Manual" to assist in daily tasks • I am very organized and prioritize all my work; all tasks are completed on a timely basis. • Assisted the office staff in setting up "Macros" to make their tasks more efficient. • Made suggestions to improve the agenda index. • Made suggestion to put waiver provision in Ordinance No. 2001.55 for election candidates — Advisory Committee Ordinance. • Had Stream Fax installed on all computers to streamline faxing capabilities. TOTAL RATING: 3 04- BCC -0 1199/489 -rev 3 s BCC Staff Trainin6 Schedule August 2005-Present Agenda Item No. 9H September 26, 2006 Page 15 of 61 »_ s� Sue Filson Paula Springs Sam Tucker Nancy Rosiak Sandra Lea Kendra Hastings Delainie McNeil 7 SAP Purchasing US2 2 - Requisitions F I A R I i T-Te 1:4 1 il:40 08/09/05 11/04/05 New Employee Orientation �(BusRideTour) 03/16106 rem COMI-41 5/16106 IM M-11 nfr4-1-50- and LEM= 5/18/06 9/18/06 9/18/06 all 9/18/06 all Who Moved My Cheese all day day day »_ s� s� 4%1 40, SAP Purchasing US2 2 - Requisitions F I A R I i T-Te 1:4 1 il:40 08/09/05 11/04/05 SAP Time Entry 03/16106 5/16106 »_ s� s� 4%1 40, SAP Purchasing 01/10/06 Requisitions 08/09/05 11/04/05 SAP Time Entry 03/16106 5/16106 General Business & and Customer Service Spanish 5/18/06 9/18/06 9/18/06 all 9/18/06 all Who Moved My Cheese all day day day 8/17/06 8/17/2006 8/17/06 8/17/2006 Managing Multiple Priorities am am am am Staying Positive No Matter 8117/06 8/17/06 8/17/2006 What pm pm pm Managing Through Trust 9/14/06 all Building_ day Leadership... the Critical 9/19/2006 Difference pm WIRRUN11JRAIINN 4%1 Microsoft Outlook 01/10/06 Microsoft Windows XP - New Features 08/09/05 Revised: 7/21/2006 r, M: CD — O (0 E _0 Co C6 E "0 a) C: a) CD (D U) L- :3 0 1-- >b 0 C) L- CD 0 C) co C) C) C*4 L- a) E. E C/) 0 0 co P� a4- a) E p (D ca 0 0 E5 w LL 4— 0 a) E cu Z co cc co r_ w f! w co 4) = CO E! a Lo �o (D -0 ca Z C cc co c 6 cc w a 73 CCI 0 z 75 a- E A if go "a r- a N C40 w co Cc R z a 0) Y w a. 4) 0 w CO 4) 0 cc cs !2. z10 E cd CL cd C., Q. d CL CL Cl CD Co (R C, (R CD 6 cl C> C� 0 O CD C e4 0 N 1=1 N C> O D w o w 8 o C 0 o D 0 o 0 0 o C 0 D 0 0 w 0 0 0 a 0 N Cj C'j C'j C14 a Z-4 4 0) N C%j N N CD co ca CD .g w LL 4) c 2 tu E cc m Z r- cc LL a) E 0 o r- Q> a) cm cts U. (D 0 (D Cl) E cc a E 0 0 ca U. m E E 0 ca a. ui Co 0 0 E Lu U- aci a) -a a) E :E �3 :2 LEI 0 Cl) CD [21 cri z CL o 0, 0 Z, 2 I 1cf) F 0 10, E luj� 21 uu MEMORANDUM DATE: July 24, 2006 TO: Commissioner Frank Halas, Chairman Commissioner Jim Coletta, Vice Chairman Commissioner Donna Fiala, District 1 Commissioner Tom Henning, District 3 Commissioner Fred Coyle, District 4 FROM: Sue Filson, Executive Manager to BCC RE: Evaluation Agenda Item No. 9H September 26, 2006 Page 17 of 61 Attached to this memorandum please find a copy of my evaluation that was a part of the contract approved by the Board of County Commissioners on May 23, 2006. Section 9. Performance Evaluation: The COUNTY shall review and evaluate the performance of the EMPLOYEE in accordance with the performance -based merit system as provided in Section 5. Written evaluations based on said performance system will be provided by each County Commissioner to EMPLOYEE prior to October 1, 2006, and prior to each October 0 thereafter for the term of this Agreement. A summary of all evaluations will be prepared by the EMPLOYEE, distributed to the COUNTY, and p &d on &Boa Yi a or the last meeting in September for the term of this Agreemen=t. A merit system wage adjustment will take effect on October 1, 2006 and each October 1s` thereafter for the term of this Agreement. An updated Action Plan for EMPLOYEE will be developed in good faith between the Board of County Commissioners and EMPLOYEE and adopted by the Board prior to October I" of each fiscal year for implementation in the next fiscal year. Please complete the evaluation and return to me. I have created an Excel spreadsheet to total and average the individual evaluations. According to the Contract, I will place the final results on the Board's agenda for the 2nd meeting in September. Thank you. The following Action Plan has been developed in an effort to provide clear expectations for the Executive Manager to the Board of County Commissioners for the period from May 23, 2006 through September 2006. The Action Plan is based on the broad areas generally expected to be performed by the Executive Manager. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the Executive Manager's performance by rating each of the following performance objectives utilizing the following rating factors. Individual evaluations will be totaled and averaged to determine the Board's collective position. Type of Evaluation: X Annual Time in Classification: 17 Years Special Reason Review Dates: 8-1-05 to 8 -1-06 RATING FACTORS: Exceptional = 5 Highly Successful = 4 Successful = 3 Development Required = 2 TOTAL RATING: 1:!�Zc: Commissio • — 7 Date �' t Evaluation Rating Document Agenda Item No. 9H September 26, 2006 r Key Results Area Measure Rating BUDGET AND OTHER FISCAL Prepare and present the budget to the Board of County ISSUES Commissioners during budget hearings; Timely and accurately administer and monitor the budget throughout the fiscal year, including review of all Field Purchase Orders and Purchase Orders; approve all purchases for the Board of County Commissioners office; seeks the best solutions and business practices to ensure fiscally responsible, mutually beneficial decisions on behalf of the taxpayers and the County. Comments regarding Budget and Other Fiscal Issues Budget was completed in a timely manner and request for 2006/2007 budget was well under the 12% threshold. Budget is monitored on a monthly basis and spreadsheets prepared to respond to inquiries on a timely basis. All purchase orders are prepared in a timely manner and forwarded to Finance for payment. Attended GovMax Budget Training 3 -7 -06. t Evaluation Rating Document Agenda Item No. 9H September 26, 2006 i Pane ?n of 61 ACTIN PLAN 2OW2007 Key Results Area Measure Rating PERSONNEL RELATED ISSUES Interview, hire, supervise, train, evaluate, discipline and coordinate activities of administrative staff of the Board of County Commissioners' office and keep affected commissioners informed of decisions; foster a "team environment" and regularly demonstrate the ability to work in corporation with co- workers and others on the job; behavior towards co- workers demonstrates positive support and respect; provide coaching, counseling, mentoring, encouragement, guidance and support of employees' own personal development and improvement efforts; conduct weekly staff meetings with the Administrative staff of the Board of County Commissioners' office; inspire and motivate employees to embrace the vision and mission statement and to perform to the highest degree possible; sets aggressive goals and objectives for employees, holds employees accountable and evaluates performance Comments regarding Personnel Related Issues During interview process I make an effort to find the person with the best skills for the job and who will fit into our office both professionally and as a team player. I hold weekly staff meetings and encourage employees to set goals that can be attained. During the summer break I requested that the employees schedule tours of the various County Departments so that they can meet the staff that they deal with on a daily basis and get a better idea of their positions in the County. I also strongly encourage the staff to take all classes (spreadsheet attached) that are mandatory by the County for employees under the County Manager, as well as courses that will help to improve their positions in the County. It is my opinion that our office works as a team. I attended a "management class" entitled Management Styles and Team Building in an effort to improve my management skills. Attended Accident/Incident Investigation & Reporting Procedures 2 -2-06 Retrofitted office with ergonomic chairs and foot rests to reduce stress on employees so they are more comfortable in their sedentary environment. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 AICTION PLAN 2N&2U*7 Key Results Area Measure Rating ADVISORY BOARDS Coordinate advisory committees and/or task forces initiated by the Board of County Commissioners, including sending out letters of term expirations, press releases, coordinating with Elections to ensure they are electors, coordinating with staff for recommendations, preparing executive summaries and presenting to the Board of County Commissioners at meetings, notifying all applicants of appointments, maintain current membership lists, maintain up-to -date files on all advisory committees and schedule and prepare New Service Awards and Outstanding Member Programs; act as Liaison with the Division of Elections for reporting Minority and Physically Disabled Appointments Comments regarding Advisory Boards The Board instituted a new service award and outstanding advisory committee member of the month program which has been very successful with positive feedback. All executive summaries are prepared for the next scheduled agenda date after receipt of recommendations. Members are notified by mail the next day after appointments are made and the membership list is updated immediately. I work with the staff liaisons for the respective committees to complete the Report of Minority and Physically Disabled Appointments and forward to the Division of Elections prior to deadline. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 CUSTOMER SERVICE / Exhibit helpful, courteous and appropriate conduct COMMUNICATIONS towards customers and others; act in a professional manner and promote the concept of professionalism with the public, BCC staff, constitutional officers and co- workers by portraying a positive demeanor and engaging in activities that instill confidence and respect for the BCC and BCC office; acts as an ambassador of Collier County Government both inside and outside of the workplace; listens and responds to public requests while anticipating future needs; interpersonal interactions are positive and proactive with communication of information being the highest priority; Maintain frequent communication with all levels of County government, external agencies, local businesses, community groups, the media, constituents, and the general public; coordinate the collection and/or distribution of information pertaining to the Board of County Commissioners' activities. Comments regarding Customer Service / Communications • I interact with all levels of government, from State government to County government, as well as constituents regarding advisory committees. • I have a County Web page for advisory committees and post all press releases to the County Web Page for a broader circulation. ' • I worked with I.T. to establish an on -line advisory committee application and, to date, have received over 350 applications via the web site. r : Evaluation Rating Document Agenda Item No, 9H September 26; 2006 BOARD OF COUNTY Attend Board of County Commissioners' meetings and COMMISSION MEETINGS workshops as needed; prepare items for the Board of County Commissioners' agenda; coordinate workshops, evening public hearings; prepare original documents for signature and assist Chairman; coordinate and announce registered speakers; participate in emergency events and meetings, filling whatever role deemed necessary in an emergency situation; Attend Strategic Planning Sessions to coordinate commissioners' schedules and commitments Comments regarding Board of County Commission Meetings • Have attend BCC meetings and workshops • Prepare all executive summaries relating to advisory committees • Coordinate all BCC Workshops • I monitor the agenda prior to printing to ensure all quasi- judicial hearings are noted so the Commissioner's aide can prepare the ex parte for the BCC meeting • Prepare agenda index for Chairman with all changes noted • Process all original documents Evaluation Rating Document Agenda Item No. 9H �'�' September 26, 2006 AC'T'ION PLC' 206-2601, GENERAL Act as coordinator between the Board of County Commissioners and the Commission on Ethics, including, acting as Local Agency Coordinator for the financial disclosure notification system and working with advisory board members, elected official and county employees; Coordinate Value Adjustment Board events including, working with the clerk's office, county attorney and school board to set dates, prepare executive summary for Board of County Commissioners approval, and coordinate with aides for commissioners' calendars; Accept advice and constructive feedback agreeably and modifies behavior accordingly; attend at least two pre- approved government related conferences and one management conference annually, and share conference notes and information with administrative staff' and Commissioners; maintain the confidence and trust of the Commission by not divulging information or discussing information with inappropriate parties; meet with the Finance Director from time to time regarding original documents; meet with the County Manager's Office to coordinate issues between offices; drives the efforts of the team in meeting or exceeding established deadlines with results that are thorough and accurate; works with team members both inside and outside of the department to accomplish organizational goals. Comments regarding General • Commission on Ethics - financial disclosure notification system — completed electronically 1 -18 -06 • Division of Elections — Minority & Physically Disabled Appointment Reports — 11 -28 -05 • Value Adjustment Board — Executive Summary on 5 -23-06 agenda to appoint members and schedule hearings ' • Clerk of Court — Coordinate with Clerk on ballots for Pelican Bay Services Division Board • Government Related Class — Management Styles and Teambuilding — 6 -15 -06 • Government Related Class - Accident Reporting — 2 -2-06 Evaluation Rating Document Agenda Item No. 9H September 26, 2006 paea 25 � ACTION PLAN 20&2007 Key Results Area Measure Rating EFFECTIVENESS AND Organizes work and prioritizes specific and attainable PRODUCTIVITY goals; monitors work, creates focus and eliminates roadblocks; produces quality work in accordance with schedules and deadlines; seeks new technologies and methods to improve quantity and quality of Z work/services; understands the roles and responsibilities of others; understands policies, procedures, rules, regulations and applicable ordinances; conceives and recommends creative ideas; understands and manages the creative process and utilizes good judgment. Comments Effectiveness and Productivity • Created forms unique to BCC office for financial reimbursements. • Made up "Commission Office Operation Manual" to assist in daily tasks • I am very organized and prioritize all my work; all tasks are completed on a timely basis. • Assisted the office staff in setting up "Macros" to make their tasks more efficient. • Made suggestions to improve the agenda index. • Made suggestion to put waiver provision in Ordinance No. 2001 -55 for election candidates - Advisory Committee Ordinance. • Had Stream Fax installed on all computers to streamline faxing capabilities. X,774-<,-J /wiz` --T TOTAL RATING:__ 04 -BCC -0 1199/489 -rev 3 BCC Staff Training Schedule August 2W5- Present Agenda Item No. 9H September 26, 2006 Page 26 of 61 L 1 B.i • Sue Paula Sam Filson Springs i uc kc r f,-1v. LY.ss i ' ,._ard.z� a`. yN�1. Nancy Sandra Rosiak Lea A, y'.'T n7 �L:._... ' 2 Kendra Hastings } , :'�';. \ k°9 Delainie Fo,�Fpp� Mc Neil yg i�:.'11, ..iY a it 5{ e,,3t4^4 .11:- ■ yj,c��^(A {f! �'}!��• {{{1 t.µ� F i�. vx: l91G i" 4k��p! �. r"` Per "+. s Y^l.i yh 1 d'-C 3s Microsoft Windows XP - New Features New • • - Orientation •- • 11/04/05 08/09/05 Time Ent 1 1. 1 1• • 1i - - - - - -_ ,.66P ® -- 5/16/06 - �.sneral Business & and Customer Service Spanish 5/18/06 r � _ • - - - -- 1 1 1. 1 1. 9118106 all 9/18106 all Who Moved My Cheese all day �& - 'n.. �' 'A ` q-1 �( "' f f 1; � � r a it 5{ e,,3t4^4 .11:- ■ yj,c��^(A {f! �'}!��• {{{1 t.µ� F i�. vx: l91G i" 4k��p! �. r"` Per "+. s Y^l.i yh 1 d'-C 3s Microsoft Windows XP - New Features 11/04/05 08/09/05 Time Ent 03/16106 ,.66P 5/16/06 �.sneral Business & CIO - O..i.' . !). r"✓_ �N, f f�ir`,dtS1 m b e,,3t4^4 SAP Purchasing Requisitions Microsoft Windows XP - New Features 11/04/05 08/09/05 Time Ent 03/16106 ,.66P 5/16/06 �.sneral Business & and Customer Service Spanish 5/18/06 9/18106 9118106 all 9/18106 all Who Moved My Cheese all day day — day 8/17/06 8117/2006 8/17/06 8/17/2006 Managing Multiple Priorities am am am am Staying Positive No Matter 8/17/06 8/17106 8/17/2006 What pm pm pm Managing Through Trust 9/14106 all Building day Leadership... the Critical 9/19/2006 Difference prn CIO - O..i.' . !). r"✓_ �N, f f�ir`,dtS1 m b e,,3t4^4 Microsoft Outlook 01/10/06 Microsoft Windows XP - New Features 08/09/05 Revised: 7/21/2006 mom C) pN O z � N N L N 0) ELL a) .5 a) VJ W Qi L rrL^) vJ O C O U L U to Cl O N L E E C/) U m /W ^W' W C 0 E H CD a 0 0 ca Lj- O a? cc Z VJ m 0 t� Q L ca 0) V/ �p z •� C -0 CD CU C � (D VJ Z Z m V/ OD Y n v mCli tv v m ca C6 E coo Z C6 a 75� m z m 5 m a o a ,; t`o E a = Y c`o D U Q m m E lG (n m Z Y a o m o a) Y Z E E E E1� EE� EE� E m Ci ca cd Q <o a 6 Q. 6 d CDCD 90 90. 559955955o°5 O N O O N O N O N o N t0 0 CO CO CO 0 t0 0 t0 0 0 0 0 0 0 0 6 0 6 0 5 0 0 N N N N N N C� N N \\\\ N N N !n N C N M N M N Ln N N \ OD \ 00 1 00 \ 00 \ ao 1 00 G m C1 to � LL � O m E w m .m E c a _ �' m m ° m w 8 m m t C E O m :s 0 @ m N 2 o rn ° 0 C40 -ia O C m LL E L) E C) U m m Q a3 C cm L x w a O U O m � C m co L\U LL m m 2 m .� 7a a) E s C?j a) :2 2 m Cl) CD co w Z CL o z° LU M C7 w Agenda Item No. 9H September 26, 2006 Page 28 of 61 Evaluation comments for Sue Filson's performance review: Personnel Related Issues: There has been some noted improvements in the last four months in "Fostering Team Environment ". Up until that time, the air instilled in the workplace was "Let's see who will incur my wrath this week." As a result, in the last year alone, the Commission office lost some highly qualified employees with many years of experience, who were dedicated to their duties and had great allegiance to the county. We are in a rebuilding process involving a huge learning curve for the new aides on all of the issues that commissioners face in their districts. This has negatively affected the function of office and impeded my work. I hope the improvements I have witnessed the past couple of months continue. I will give positive encouragement to Ms. Filson to continue on the path of enhancing her interpersonal and supervisory skills. Effectiveness and Productivity: I refer back to the statements which have been outlined in the "Personnel Related Issues ". Due to the high workload and the responsibilities that the Commissioner Aides have each workday, a harmonious work atmosphere is of high importance. We need good working relationships, which in turn will generate high productivity in the work place. This is of the utmost importance! Daily Encouragement including positive reinforcement of a "job well done" should be on top of the list as a supervisor. Agenda Item No. 9H September 26, 2006 Page 29 of 61 MEMORANDUM DATE: July 24, 2006 TO: Commissioner Frank Halas, Chairman Commissioner Jim Coletta, Vice Chairman Commissioner Donna Fiala, District 1 / Commissioner Tom Henning, District 3 ✓ Commissioner Fred Coyle, District 4 FROM: Sue Filson, Executive Manager to BCC RE: Evaluation Attached to this memorandum please find a copy of my evaluation that was a part of the contract approved by the Board of County Commissioners on May 23, 2006. Section 9. Performance Evaluation: The COUNTY shall review and evaluate the performance of the EMPLOYEE in accordance with the performance-based merit system as provided in Section 5. Written evaluations based on said performance system will be provided by each County Commissioner to EMPLOYEE prior to October 1, 2006, and prior to each October 0 thereafter for the term of this Agreement. A summary of all evaluations will be prepared by the EMPLOYEE, distributed to the COUNTY, and placed on the Board agenda for the last meeting in September for the term of this Agreement. A merit system wage adjustment will take effect on October 1, 2006 and each October 1St thereafter for the term of this Agreement. An updated Action Plan for EMPLOYEE will be developed in good faith between the Board of County Commissioners and EMPLOYEE and adopted by the Board prior to October 1 St of each fiscal year for implementation in the next fiscal year. Please complete the evaluation and return to me. I have created an Excel spreadsheet to total and average the individual evaluations. According to the Contract, I will place the final results on the Board's agenda for the 2rd meeting in September. Thank you. The following Action Plan has been developed in an effort to provide clear expectations for the Executive Manager to the Board of County Commissioners for the period from May 23, 2006 through September 2006. The Action Plan is based on the broad areas generally expected to be performed by the Executive Manager. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the Executive Manager's performance by rating each of the following performance objectives utilizing the following rating factors. Individual evaluations will be totaled and averaged to determine the Board's collective position. Type of Evaluation: X Annual Time in Classification: 17 Years Special Reason Review Dates: 8-1 -05 to 8-1-46 RATING FACTORS: Exceptional = 5 Highly Successful = 4 Successful = 3 Development Required = 2 TOTAL RATING: Commissioner: Date *** s**** s** �«* s* �** s********************* s* s** * * * * * *s * * « * * * *� * *•►s * *s� * *�s * ** Evaluation Rating Document Agenda Item No. 9H September 26, 2006 ACTION PLATY 2006 -2007 Key Results Area Measure BUDGET AND OTHER FISCAL Prepare and present the budget to the Board of County ISSUES Commissioners during budget hearings; Timely and accurately administer and monitor the budget throughout the fiscal year, including review of all Field Purchase Orders and Purchase Orders; approve all purchases for the Board of County Commissioners office; seeks the best solutions and business practices to ensure fiscally responsible, mutually beneficial decisions on behalf of the taxpayers and the County. Comments regarding Budget and Other Fiscal Issues Rating Budget was completed in a timely manner and request for 2006/2007 budget was well under the 12% threshold. Budget is monitored on a monthly basis and spreadsheets prepared to respond to inquiries on a timely basis. All purchase orders are prepared in a timely manner and forwarded to Finance for payment. Attended GovMax Budget Training 3 -7 -06. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 PERSONNEL RELATED ISSUES Interview, hire, supervise, train, evaluate, discipline and coordinate activities of administrative staff of the Board of County Commissioners' office and keep affected commissioners informed of decisions; foster a "team environment" and regularly demonstrate the ability to work in corporation with co- workers and others on the job; behavior towards co- workers demonstrates positive support and respect; provide coaching, counseling, mentoring, encouragement, guidance and support of employees' own personal development and rl improvement efforts; conduct weekly staff meetings 11-D with the Administrative staff of the Board of County Commissioners' office; inspire and motivate employees to embrace the vision and mission statement and to perform to the highest degree possible; sets aggressive goals and objectives for employees, holds employees accountable and evaluates performance Comments regarding Personnel Related Issues During interview process I make an effort to find the person with the best skills for the job and who will fit into our office both professionally and as a team player. I hold weekly staff meetings and encourage employees to set goals that can be attained. During the summer break I requested that the employees schedule tours of the various County Departments so that they can meet the staff that they deal with on a daily basis and get a better idea of their positions in the County. I also strongly encourage the staff to take all classes (spreadsheet attached) that are mandatory by the County for employees under the County Manager, as well as courses that will help to improve their positions in the County. It is my opinion that our office works as a team. I attended a "management class" entitled Management Styles and Team Building in an effort to improve my management skills. Attended Accident/Incident Investigation & Reporting Procedures 2 -2 -06 Retrofitted office with ergonomic chairs and foot rests to reduce stress on employees so they are more comfortable in their sedentary environment. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 i A + il'�fi P A 28 -2 7 Key Results Area Measure I Rating ADVISORY BOARDS Coordinate advisory committees and/or task forces initiated by the Board of County Commissioners, including sending out letters of term expirations, press releases, coordinating with Elections to ensure they are electors, coordinating with staff for recommendations, preparing executive summaries and presenting to the Board of County Commissioners at meetings, notifying all applicants of appointments, maintain current membership lists, maintain up-to -date files on all advisory committees and schedule and prepare New Service Awards and Outstanding Member Programs; act as Liaison with the Division of Elections for reporting Minority and Physically Disabled Appointments Comments regarding Advisory Boards The Board instituted a new service award and outstanding advisory committee member of the month program which has been very successful with positive feedback. All executive summaries are prepared for the next scheduled agenda date after receipt of recommendations. Members are notified by mail the next day after appointments are made and the membership list is updated immediately. I work with the staff liaisons for the respective committees to complete the Report of Minority and Physically Disabled Appointments and forward to the Division of Elections prior to deadline. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 ACT. 10N PLAID 206 -2007 CUSTOMER SERVICE / Exhibit helpful, courteous and appropriate conduct COMMUNICATIONS towards customers and others; act in a professional manner and promote the concept of professionalism with the public, BCC staff, constitutional officers and co- workers by portraying a positive demeanor and engaging in activities that instill confidence and respect for the BCC and BCC office; acts as an ambassador of Collier County Government both inside and outside of the workplace; listens and responds to public requests while anticipating future needs; interpersonal interactions are positive and proactive with communication of information being the highest priority; Maintain frequent communication with all levels of County government, external agencies, local businesses, community groups, the media, constituents, and the general public; coordinate the collection and/or distribution of information pertaining to the Board of County Commissioners' activities. Comments regarding Customer Service / Communications • I interact with all levels of government, from State government to County government, as well as constituents regarding advisory committees. • I have a County Web page for advisory committees and post all press releases to the County Web Page for a broader circulation. • 1 worked with I.T. to establish an on -line advisory committee application and, to date, have received over 350 applications via the web site. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 ACTION PLAN 206 -2007 Key Results Area Measure Rating BOARD OF COUNTY Attend Board of County Commissioners' meetings and COMMISSION MEETINGS workshops as needed; prepare items for the Board of County Commissioners' agenda; coordinate workshops, evening public hearings; prepare original documents for signature and assist Chairman; coordinate and announce registered speakers; participate in emergency events and meetings, filling whatever role deemed necessary in an emergency situation; Attend Strategic Planning Sessions to coordinate commissioners' schedules and commitments Comments regarding Board of County Commission Meetings • Have attend BCC meetings and workshops • Prepare all executive summaries relating to advisory committees • Coordinate all BCC Workshops • I monitor the agenda prior to printing to ensure all quasi-judicial hearings are noted so the Commissioner's aide can prepare the ex parte for the BCC meeting • Prepare agenda index for Chairman with all changes noted • Process all original documents Evaluation Rating Document Agenda Item No. 9H September 26, 2006 Panes �s of AI N PLAN 2207 Key Results Area Measure Rating GENERAL Act as coordinator between the Board of County Commissioners and the Commission on Ethics, including, acting as Local Agency Coordinator for the financial disclosure notification system and working with advisory board members, elected official and county employees; Coordinate Value Adjustment Board events including, working with the clerk's office, county attorney and school board to set dates, prepare executive summary for Board of County Commissioners approval, and coordinate with aides for commissioners' calendars; Accept advice and Z constructive feedback agreeably and modifies behavior accordingly; attend at least two pre- approved government related conferences and one management conference annually, and share conference notes and information with administrative staff and Commissioners; mainta_ jn'the confidence and trust of the Commission by no gmy ormation or discussing information ro ri es• meet with a mane Director from time to time regarding original documents; meet with the County Manager's Office to coordinate issues between offices; drives the efforts of the team in meeting or exceeding established deadlines with results that are thorough and accurate; works with team members both inside and outside of the department to accomplish organizational goals. Comments regarding General • Commission on Ethics - financial disclosure notification system — completed electronically 1 -18 -06 • Division of Elections — Minority & Physically Disabled Appointment Reports — I1 -28 -05 • Value Adjustment Board — Executive Summary on 5-23 -06 agenda to appoint members and schedule hearings • Clerk of Court — Coordinate with Clerk on ballots for Pelican Bay Services Division Board • Government Related Class — Management Styles and Teambuilding — 6 -15 -06 • Government Related Class - Accident Reporting — 2 -2 -06 Evaluation Rating Document Agenda Item No. 9H September 26, 2006 PaQ,z '17� �f��;l ACTTON PLAN 2446 -2007 Key Results Area Measure I Rating EFFECTIVENESS AND Organizes work and prioritizes specific and attainable PRODUCTIVITY goals; monitors work, creates focus and eliminates roadblocks; produces quality work in accordance with schedules and deadlines; seeks new technologies and methods to improve quantity and quality of work/services; understands the roles and responsibilities of others; understands policies, 3 procedures, rules, regulations and applicable ordinances; conceives and recommends creative ideas; understands and manages the creative process and utilizes good judgment. Comments Effectiveness and Productivity • Created forms unique to BCC office for financial reimbursements. • Made up "Commission Office Operation Manual" to assist in daily tasks • I am very organized and prioritize all my work; all tasks are completed on a timely basis. • Assisted the office staff in setting up "Macros" to make their tasks more efficient. • Made suggestions to improve the agenda index. • Made suggestion to put waiver provision in Ordinance No. 2001 -55 for election candidates — Advisory Committee Ordinance. • Had Stream Fax installed on all computers to streamline faxing capabilities. TOTAL RATING: 04- BCC -011991489 -rev 3 BCC Staff Training Schedule August 2W-5-Present Agenda Item No. 9H September 26, 2006 Page 38 of 61 �EVNOR Sue Filson Paula Sam Springs Tucker Nancy Rosiak Sandra Lea Kendra Delainie Hastings McNeil Ml-A 4o 0 I Z rmv V-11:2 tZg4*1 I Sri 01/10/06 Management Skills & Team New Employee Orientation (BusRideTour) 11104105 Building 06/15/06 'Customer Service 03/16/06 ,Accident Reporting 17—M I w F1 F- 5/16/06 :neral Business & and Customer Service Spanish 5118/06 RIM 9118106 9118106 all �EVNOR UO 4o 0 01/10/06 Management Skills & Team 08/09t05 11104105 Building 06/15/06 03/16/06 ,Accident Reporting 02102/06 5/16/06 �EVNOR UO SAP Purchasing 01/10/06 Requisitions 08/09t05 11104105 SAP Time Entry 03/16/06 5/16/06 :neral Business & and Customer Service Spanish 5118/06 9118106 9118106 all 9/18/06 all Who Moved My Cheese all day day day 8/17/06 8/17/2006 I 8i17/06 8/1712006 Managing Multiple Priorities am am am am Staying Positive No Matter 8/17106 8/17/06 8/17/2006 What pm pm pm Managing Through Trust 9/14/06 all Building day Leadership... the Critical 9/19/2006 Difference pm Revised: 7/21/2006 Microsoft Outlook 01/10/06 Microsoft Windows XP - New Features 08/09t05 Revised: 7/21/2006 cno� o- pN O Z,60) , M N O CT — fl m c0 E O- 0 O N C1 Q (n U) L 0 C D 0 U L a) U C> O N L CE C :3 C/) U m co m C m Q CD E F- (D ca 0 0 ca U- O 0) E Z C CC N C m cu -o U U a N C m CD z % 5 CCD fb M C m Q C Z c Y c Y co CO N E U W Z fQ CO a m m � m Z m � m m a- a a c`$ �; c a c Y L a; U O 5 12 cu 'o U co� z Y(L � CO Y z E E E E E E E E E E m a. co 6 o. 6 o. 6 d 6 a (R C5 o 9 IR 5 C5 CD °o C5 9 C5 O r N O r O a- N C> r O r N O r N co (o 0 Co 0 m Co 0 Co 0 Co 0 O O O 0 0 0 0 6 0 0 0 N N N \ N \ N N N N N 0 N N N N N N N N co Go co \ \ \ \ 1 \ co C U 'U L � LL O F .2 `° LL E _ m 3 m 0 N m N CD V .. C _�_ E m E _ O L U co ( cu ca ti U E Q a CD E cu C ca fL x w ca 3¢ C U (D 03 S L N a C0 w w z o z° o Agenda Item No. 9H September 26, 22008066 �.E Ei V G V AUG 15 2006 MEMORANDUM 13oaraof :ounryc:ommissioners DATE: July 24, 2006 TO: Commissioner Frank Halas, Chairman Commissioner Jim Coletta, Vice Chairman Commissioner Donna Fiala, District 1 Commissioner Tom Henning, District 3 Commissioner Fred Coyle, District 4 FROM: Sue Filson, Executive Manager to BCC RE: Evaluation Attached to this memorandum please find a copy of my evaluation that was a part of the contract approved by the Board of County Commissioners on May 23, 2006. Section 9. Performance Evaluation: The COUNTY shall review and evaluate the performance of the EMPLOYEE in accordance with the performance -based merit system as provided in Section 5. Written evaluations based on said performance system will be provided by each County Commissioner to EMPLOYEE prior to October 1, 2006, and prior to each October I" thereafter for the term of this Agreement. A summary of all evaluations will be prepared by the EMPLOYEE, distributed to the COUNTY, and placed on the Board agenda for the last meeting in September for the term of this Agreement. A merit system wage adjustment will take effect on October 1, 2006 and each October Fq thereafter for the term _of this Agreement. An updated Action Plan for EMPLOYEE will be developed in good faith between the Board of County Commissioners and EMPLOYEE and adopted by the Board prior to October 1-4 of each fiscal year for implementation in the next fiscal year. Please complete the evaluation and return to me. I have created an Excel spreadsheet to total and average the individual evaluations. According to the Contract, I will place the final results on the Board's agenda for the 2nd meeting in September. Thank you. A The following Action Plan has been developed in an effort to provide clear expectations for the Executive Manager to the Board of County Commissioners for the period from May 23, 2006 through September 2006. The Action Plan is based on the broad areas generally expected to be performed by the Executive Manager. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the Executive Manager's performance by rating each of the following performance objectives utilizing the following rating factors. Individual evaluations will be totaled and averaged to determine the Board's collective position. Type of Evaluation: X Annual Special Reason Time in Classification: 17 Years Review Dates: 8-1-05 to 8-1-06 RATING FACTORS: Exceptional = 5 Highly Successful = 4 Successful = 3 Development Required = 2 TOTAL RATING: Commissioner: Date J/-7/ 0 P Evaluation Rating Document Agenda Item No. 9H September 26, 2006 P.,.- n7 of G� Aci`I i'�T ' IN6,2 V ( Key Results Area Measure Rating BUDGET AND OTHER FISCAL Prepare and present the budget to the Board of County ISSUES Commissioners during budget hearings; Timely and accurately administer and monitor the budget throughout the fiscal year, including review of all Field Purchase Orders and Purchase Orders; approve all purchases for the Board of County Commissioners office; seeks the best solutions and business practices to ensure fiscally responsible, mutually beneficial decisions on behalf of the taxpayers and the County. Comments regarding Budget and Other Fiscal Issues Budget was completed in a timely manner and request for 2006/2007 budget was well under the 12% threshold. Budget is monitored on a monthly basis and spreadsheets prepared to respond to inquiries on a timely basis. All purchase orders are prepared in a timely manner and forwarded to Finance for payment. Attended GovMax Budget Training 3 -7 -06. - ��..v^��..(_ `.,�__ .�L.�..�.. �.., .��_� . .,•,fit -�..,� ;`, f� ...t..J�`��_ Evaluation Rating Document Agenda Item No. 9H September 26, 2006 ACTION PLAN 2006,2007 Key Results Area Measure Rating PERSONNEL RELATED ISSUES Interview, hire, supervise, train, evaluate, discipline and coordinate activities of administrative staff of the Board of County Commissioners' office and keep affected commissioners informed of decisions; foster a "team environment" and regularly demonstrate the ability to work in corporation with co- workers and others on the job; behavior towards co- workers demonstrates positive support and respect; provide coaching, counseling, mentoring, encouragement, guidance and support of employees' own personal development and improvement efforts; conduct weekly staff meetings with the Administrative staff of the Board of County Commissioners' office; inspire and motivate employees to embrace the vision and mission statement and to perform to the highest degree possible; sets aggressive goals and objectives for employees, holds employees accountable and evaluates performance Comments regarding Personnel Related Issues s,5 During interview process I make an effort to find the person with the best skills for the job and who will fit into our office both professionally and as a team player. I hold weekly staff meetings and encourage employees to set goals that can be attained. During the summer break I requested that the employees schedule tours of the various County Departments so that they can meet the staff that they deal with on a daily basis and get a better idea of their positions in the County. I also strongly encourage the staff to take all classes (spreadsheet attached) that are mandatory by the County for employees under the County Manager, as well as courses that will help to improve their positions in the County. It is my opinion that our office works as a team. I attended a "management class" entitled Management Styles and Team Building in an effort to improve my management skills. Attended Accident/Incident Investigation & Reporting Procedures 2 -2 -06 Retrofitted office with ergonomic chairs and foot rests to reduce stress on employees so they are more comfortable in their sedentary environment. j t 0_ 6-v L,2 1 Q lLt..Ct..?h..� 4r�.J1.4 `1C-I' �t�/.] t n -y� cV„ _�,•- � ?u4• -�'�' fi•.n- t'�-r.../ }.w'.�R c�,,,,, -+�� { � ,ss�.►._ ,� -•si. tea._ �9 �y. ... € . J E -'n" �, Evaluation Rating Document Agenda Item No. 9H September 26, 2006 ADVISORY BOARDS Coordinate advisory committees and/or task forces initiated by the Board of County Commissioners, including sending out letters of term expirations, press releases, coordinating with Elections to ensure they are electors, coordinating with staff for recommendations, preparing executive summaries and presenting to the Board of County Commissioners at meetings, notifying all applicants of appointments, maintain current membership lists, maintain up-to -date files on all advisory committees and schedule and prepare New Service Awards and Outstanding Member Programs; act as Liaison with the Division of Elections for reporting Minority and Physically Disabled Appointments Comments regarding Advisory Boards 5 The Board instituted a new service award and outstanding advisory committee member of the month program which has been very successful with positive feedback. All executive summaries are prepared for the next scheduled agenda date after receipt of recommendations. Members are notified by mail the next day after appointments are made and the membership list is updated immediately. I work with the staff liaisons for the respective committees to complete the Report of Minority and Physically Disabled Appointments and forward to the Division of Elections prior to deadline. #Ire Key Results Area I Measure Rating CUSTOMER SERVICE / Exhibit helpful, courteous and appropriate conduct COMMUNICATIONS towards customers and others; act in a professional manner and promote the concept of professionalism ` with the public, BCC staff,, constitutional officers and co- workers by portraying a positive demeanor and engaging in activities that instill confidence and respect for the BCC and BCC office; acts as an ambassador of Collier County Government both inside and outside of the workplace; listens and responds to public requests while anticipating future needs; interpersonal interactions are positive and proactive with communication of information being the highest priority; Maintain frequent communication with all levels of County government, external agencies, local businesses, community groups, the media, constituents, and the general public; coordinate the collection and/or distribution of information pertaining to the Board of County Commissioners' activities. Comments regarding Customer Service / Communications 0 I interact with all levels of government, from State government to County government, as well as constituents regarding advisory committees. • I have a County Web page for advisory committees and post all press releases to the County Web Page for a broader circulation. • I worked with I.T. to establish an on -line advisory committee application and, to date, have received over 350 applications via the web site. n 11L11 �_f._a✓r�q.�... __ •}-� -a* O.n-- g, r. 4 f r. 1p� U Evaluation Rating Document Agenda Item No. 9H September 26, 2006 D-7. -- SIR -f CZ ACTION PLAN Key Results Area Measure Rating BOARD OF COUNTY Attend Board of County Commissioners' meetings and COMMISSION MEETINGS workshops as needed; prepare items for the Board of 4-.57 County Commissioners' agenda; coordinate workshops, evening public hearings; prepare original documents for signature and assist Chairman; coordinate and announce registered speakers; participate in emergency events and meetings, filling whatever role deemed necessary in an emergency situation; Attend Strategic Planning Sessions to coordinate commissioners' schedules and commitments Comments regarding Board of County Commission Meetings • Have attend BCC meetings and workshops • Prepare all executive summaries relating to advisory committees • Coordinate all BCC Workshops • I monitor the agenda prior to printing to ensure all quasi - judicial hearings are noted so the Commissioner's aide can prepare the ex parte for the BCC meeting • Prepare agenda index for Chairman with all changes noted • Process all original documents r. A ,t.�.- �.J1...4`.► -- - f,;. -r-_ _'L. �1./�.- .e.s._ -'..ri- ..��.1.�. ��'L....!('' h ....L,�C.�, +.�. f Evaluation Rating Document Agenda Item No. 9H September 26, 2006 DaqP A7.� ^r..fF1 ACTION PLAN 2006 -7 Key Results Area Measure Rating GENERAL Act as coordinator between the Board of County Commissioners and the Commission on Ethics, + including, acting as Local Agency Coordinator for the financial disclosure notification system and working with advisory board members, elected official and county employees; Coordinate Value Adjustment Board events including, working with the clerk's office, county attorney and school board to set dates, prepare executive summary for Board of County Commissioners approval, and coordinate with aides for commissioners' calendars; Accept advice and constructive feedback agreeably and modifies behavior accordingly; attend at least two pre- approved government related conferences and one management conference annually, and share conference notes and information with administrative staff and Commissioners; maintain the confidence and trust of the Commission by not divulging information or discussing information with inappropriate parties; meet with the Finance Director from time to time regarding original documents; meet with the County Manager's Office to coordinate issues between offices; drives the efforts of the team in meeting or exceeding established deadlines with results that are thorough and accurate; works with team members both inside and outside of the department to accomplish organizational goals. Comments regarding General • Commission on Ethics - financial disclosure notification system — completed electronically 1 -18 -06 • Division of Elections — Minority & Physically Disabled Appointment Reports — 11 -28 -05 • Value Adjustment Board — Executive Summary on 5 -23 -06 agenda to appoint members and schedule hearings • Clerk of Court — Coordinate with Clerk on ballots for Pelican Bay Services Division Board • Government Related Class — Management Styles and Teambuilding — 6 -15 -06 • Government Related Class - Accident Reporting — 2 -2 -06 R ` w Y r��-�"� ti-S". �- `•.1 --� .✓ �. � �..k+...7�Jvy�t. �J/'t^^ \. .�� -� � _,.'?"7 %ti..9 ^)'.ti- .�- ��_r`Y: -%r.� �1✓ ('w,M-• a-k r/� � \ � `�."""a"'.�� "�. -J✓1�\ JJYY�, . 6 V 7 ` Evaluation Rating Document Agenda Item No. 9H September 26, 2006 EFFECTIVENESS AND Organizes work and prioritizes specific and attainable PRODUCTIVITY goals; monitors work, creates focus and eliminates 44S roadblocks; produces quality work in accordance with schedules and deadlines; seeks new technologies and methods to improve quantity and quality of work /services; understands the roles and responsibilities of others; understands policies, procedures, rules, regulations and applicable ordinances; conceives and recommends creative ideas; understands and manages the creative process and utilizes good judgment. Comments Effectiveness and Productivity • Created forms unique to BCC office for financial reimbursements. • Made up "Commission Office Operation Manual" to assist in daily tasks • I am very organized and prioritize all my work; all tasks are completed on a timely basis. • Assisted the office staff in setting up "Macros" to make their tasks more efficient. • Made suggestions to improve the agenda index. • Made suggestion to put waiver provision in Ordinance No. 2001 -55 for election candidates — Advisory Committee Ordinance. • Had Stream Fax installed on all computers to streamline faxing capabilities. Y ' C� 04- BCC -011991489 -rev 3 _ , r A —� T-1,. , , r �^•�.�/Y�A..Jr \�� A,- �. .�. t.„,� \�' .h- . '1 ... ,. w .iC.,,a.i :�.�, v�., �.� {mil •� ': 'l TOTAL RATING: BCC Staff Training Schedule A"ust 2005-Present Agenda Item No. 9H September 26, 2006 Page 49 of 61 IN N U ERVII �10 Sue Filson Paula SPI ings Sam Nancy Tucket Rosiak Sa dra Lea endra Hastings Delainie McNeil Department Orientation -.11 URSE ...'i 03/20/06 03/20/06 05/02106 New Hire Processing Management Skills & Team 03/20/06 05/15/06 New Employee Orientation (Bus Ride Tour) 1 Building 06/15/06 07/28/061 07/28/06 Customer Service Accident Reporting 02/02106 I Sexual Harassment 03131/06 06/09/06 09/12/06 Safety Training and 03/21/06 05/15/06 Ethics Training 5/18/06 03/20/06 05/15/06 1 Building Diverse Teams 06/06/061 1 1 9/18/06 all 9/18/06 all IN N U ERVII �10 M. - WIMIK�': , A FIRM -.11 URSE ...'i 01/10/06 Management Skills & Team 08/09/05 11/04/05 Building 06/15/06 03/16/06 Accident Reporting 02/02106 5/16/06 KlEOTIM.009 SR24- 7.,.. " , , A SAP Purchasing 01/10/06 Requisibons 08/09/05 11/04/05 SAP Time Entry 03/16/06 5/16/06 General Business & and Customer Service Spanish 5/18/06 9/18/06 9/18/06 all 9/18/06 all Who Moved My Cheese all day day day 8/17106 8/17/2006 8/17106 8/17/-2006 Managing Multiple Priorities am am am am Staying Positive No Matter 8117/06 8/17/06 8/17/2006 What pm pm pm Managing Through Trust 9/14106 all Building day Leadership... the Critical 911912006 Difference pm PQ*1FU- E T, lNQS$"VV T.I.flk," 7.,.. " , , A Microsoft Outlook 01/10/06 Microsoft Windows XP - New Features 08/09/05 Revised: 7/21/2006 M a: C-0 — E�j� co 0 C) ENS L2 CB CD ca CD 0 O 0 C) C) C*4 E E M Cf) co CD ,a 0 E P c. U- 4— 0 4) E cc Z Ea 4) C 7E cc Lu '0 CD Z CD rim) '0 c a m = Cl) Co E m cd 75 w w Z -5 a- cc CL 0 m IL z -4 m a. d — - Lo '0 (j) I Ca cc z 0m - 0 a 0 0 (D zi E E E an & 0 m CL l6 6 lO CL l3 CL CD C) C> Co (P a 9 C, o 0 q C:, co C> q C:) 0 C� �-! (=I 0 GO N O 6 eq co &I co 61 6 el co C> co Q co C� to Q co 0 w CD co CD co Cl 0 CD co 0 to C> 0 04 C-4 CQ C%l 04 z;s C_4 CS CF) C-4 C4 ;5 80 Go (B w w CD .9 m U. LM c 0 (D LL E M (D M m U- E E cc E (D co Z w 0 r Y) 0 co (a LL E(D U E m 4) Ea, 6 O co ca 75 W E U- 3: 0 CD Z:, co LU cA ad (D :2 LEM (D co V a 0 r- 0 E 21 IM z a. (3 , l z I I . . co . CD I , LU l LU Agenda Item No, 9H September 26, 2006 Page 51 of 61 MEMORANDUM DATE: July 24, 2006 TO: Commissioner Frank Halas, Chairman Commissioner Jim Coletta, Vice Chairman ✓ Commissioner Donna Fiala, District 1 Commissioner Tom Henning, District 3 Commissioner Fred Coyle, District 4 FROM: Sue Filson, Executive Mato OCC RE: Evahu itkm Attached to this memorandum please find a copy of my evaluation that was a part of the contract approved by the Board of County Commissioners on May 23, 2006. Section 9. Performance Evaluation: The COUNTY shall review and evaluate the performance of the EMPLOYEE in accordance with the performance-based merit system as provided in Section 5. Written evaluations based on said performance system will be provided by each County Commissioner to EMPLOYEE prior to October 1, 2006, and prior to each October I" thereafter for the term of this Agreement. A summary of all evaluations will be prepared by the EMPLOYEE, distributed to the COUNTY, and placed on the Board agenda for the last meeting in September for the term of this Agreement. A merit system wage adjustment will take effect on October 1, 2006 and each October I" thereafter for the term of this Agreement. An updated Action Plan for EMPLOYEE will be developed in good faith between the Board of County Commissioners and EMPLOYEE and adopted by the Board prior to October l't of each fiscal year for implementation in the next fiscal year. Please complete the evaluation and return to me. I have created an Excel spreadsheet to total and average the individual evaluations. According to the Contract, I will place the final results on the Board's agenda for the 2°d meeting in September. Thank you. The following Action Plan has been developed in an effort to provide clear expectations for the Executive Manager to the Board of County Commissioners for the period from May 23, 2006 through September 2006. The Action Plan is based on the broad areas generally expected to be performed by the Executive Manager. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the Executive Manager's performance by rating each of the following performance objectives utilizing the following rating factors. Individual evaluations will be totaled and averaged to determine the Board's collective position. Type of Evaluation: X Annual Time in Classification: 17 Years Special Reason Review Dates: 8 -1 -05 to 8 -1-06 RATING FACTORS: Exceptional = 5 Highly Successful = 4 Successful = 3 Development Required = 2 TOTAL RATING: Commissioner: Date / �� l Evaluation Rating Document Agenda Item No. 9H September 26, 2006 -._. n..-- co _r re ACTION PLAN 2006 -20.07 Key Results Area BUDGET AND OTHER FISCAL ISSUES Measure I Rating Prepare and present the budget to the Board of County Commissioners during budget hearings; Timely and accurately administer and monitor the budget throughout the fiscal year, including review of all Field Purchase Orders and Purchase Orders; approve all purchases for the Board of County Commissioners office; seeks the best solutions and business practices to ensure fiscally responsible, mutually beneficial decisions on behalf of the taxpayers and the County. Comments regarding Budget and Other Fiscal Issues Budget was completed in a timely manner and request for 2006/2007 budget was well under the 12% threshold. Budget is monitored on a monthly basis and spreadsheets prepared to respond to inquiries on a timely basis. All purchase orders are prepared in a timely manner and forwarded to Finance for payment. Attended GovMax Budget Training 3 -7 -06. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 -T- z ACTION PLAN INI&MO Key Results Area Measure Rating PERSONNEL RELATED ISSUES Interview, hire, supervise, train, evaluate, discipline and coordinate activities of administrative staff of the Board of County Commissioners' office and keep affected commissioners informed of decisions; foster a "team environment" and regularly demonstrate the ability to work in corporation with co- workers and others on the job; behavior towards co- workers demonstrates positive support and respect; provide coaching, counseling, mentoring, encouragement, guidance and support of employees' own personal development and improvement efforts; conduct weekly staff meetings with the Administrative staff of the Board of County Commissioners' office; inspire and motivate employees to embrace the vision and mission statement and to perform to the highest degree possible; sets aggressive goals and objectives for employees, holds employees accountable and evaluates performance Comments regarding Personnel Related Issues 5 During interview process I make an effort to find the person with the best skills for the job and who will fit into our office both professionally and as a team player. I hold weekly staff meetings and encourage employees to set goals that can be attained. During the summer break I requested that the employees schedule tours of the various County Departments so that they can meet the staff that they deal with on a daily basis and get a better idea of their positions in the County. I also strongly encourage the staff to take all classes (spreadsheet attached) that are mandatory by the County for employees under the County Manager, as well as courses that will help to improve their positions in the County. It is my opinion that our office works as a team. I attended a "management class" entitled Management Styles and Team Building in an effort to improve my management skills. Attended Accident/Incident Investigation & Reporting Procedures 2 -2 -06 Retrofitted office with ergonomic chairs and foot rests to reduce stress on employees so they are more comfortable in their sedentary environment. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 ACTION PLAN 2-006-2,007. ADVISORY BOARDS Coordinate advisory committees and/or task forces initiated by the Board of County Commissioners, including sending out letters of term expirations, press releases, coordinating with Elections to ensure they are electors, coordinating with staff for recommendations, preparing executive summaries and presenting to the Board of County Commissioners at meetings, notifying all applicants of appointments, maintain current membership lists, maintain up-to -date files on all advisory committees and schedule and prepare New Service Awards and Outstanding Member Programs; act as Liaison with the Division of Elections for reporting Minority and Physically Disabled Appointments Comments regarding Advisory Boards The Board instituted a new service award and outstanding advisory committee member of the month program which has been very successful with positive feedback. All executive summaries are prepared for the next scheduled agenda date after receipt of recommendations. Members are notified by mail the next day after appointments are made and the membership list is updated immediately. I work with the staff liaisons for the respective committees to complete the Report of Minority and Physically Disabled Appointments and forward to the Division of Elections prior to deadline. 1. ,. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 Paco C;Q of F1 7 � ACTION PLAN 2006 -2007 CUSTOMER SERVICE / Exhibit helpful, courteous and appropriate conduct COMMUNICATIONS towards customers and others; act in a professional manner and promote the concept of professionalism with the public, BCC staff, constitutional officers and co- workers by portraying a positive demeanor and engaging in activities that instill confidence and respect for the BCC and BCC office; acts as an ambassador of Collier County Government both inside and outside of the workplace; listens and responds to public requests / while anticipating future needs; interpersonal interactions are positive and proactive with communication of information being the highest priority; Maintain frequent communication with all levels of County government, external agencies, local businesses, community groups, the media, constituents, and the general public; coordinate the collection and/or distribution of information pertaining to the Board of County Commissioners' activities. Comments regarding Customer Service / Communications • I interact with all levels of government, from State government to County government, as well as constituents regarding advisory committees. • I have a County Web page for advisory committees and post all press releases to the County Web Page for a broader circulation. • I worked with I.T. to establish an on -line advisory committee application and, to date, have received over 350 applications via the web site. Evaluation Rating Document Agenda Item No. 9H September 26, 2006 Key Results Area ACT'ICJN PLAN 2006 -2007 Measure Rating BOARD OF COUNTY Attend Board of County Commissioners' meetings and COMMISSION MEETINGS workshops as needed; prepare items for the Board of County Commissioners' agenda; coordinate workshops, ✓ evening public hearings; prepare original documents for signature and assist Chairman; coordinate and announce registered speakers; participate in emergency events and meetings, filling whatever role deemed necessary in an emergency situation; Attend Strategic Planning Sessions to coordinate commissioners' schedules and commitments Comments regarding Board of County Commission Meetings • Have attend BCC meetings and workshops • Prepare all executive summaries relating to advisory committees • Coordinate all BCC Workshops • I monitor the agenda prior to printing to ensure all quasi - judicial hearings are noted so the Commissioner's aide can prepare the ex parte for the BCC meeting • Prepare agenda index for Chairman with all changes noted • Process all original documents Evaluation Ratin, g Document Agenda Item No. 9H September 26, 2006 GENERAL Act as coordinator between the Board of County Commissioners and the Commission on Ethics, including, acting as Local Agency Coordinator for the financial disclosure notification system and working with advisory board members, elected official and county employees; Coordinate Value Adjustment Board events including, working with the clerk's office, county attorney and school board to set dates, prepare executive summary for Board of County Commissioners approval, and coordinate with aides for commissioners' calendars; Accept advice and constructive feedback agreeably and modifies behavior accordingly; attend at least two pre- approved government related conferences and one management conference annually, and share conference notes and information with administrative staff and Commissioners; maintain the confidence and trust of the Commission by not divulging information or discussing information with inappropriate parties; meet with the Finance Director from time to time regarding original documents; meet with the County Manager's Office to coordinate issues between offices; drives the efforts of the team in meeting or exceeding established deadlines with results that are thorough and accurate; works with team members both inside and outside of the department to accomplish organizational goals. Comments regarding General • Commission on Ethics - financial disclosure notification system — completed electronically 1 -18 -06 • Division of Elections — Minority & Physically Disabled Appointment Reports —11 -28-05 • Value Adjustment Board — Executive Summary on 5 -23 -06 agenda to appoint members and schedule hearings • Clerk of Court — Coordinate with Clerk on ballots for Pelican Bay Services Division Board • Government Related Class — Management Styles and Teambuilding — 6 -15 -06 • Government Related Class - Accident Reporting — 2 -2-06 Evaluation Rating Document Agenda Item No. 9H September 26, 2006 EFFECTIVENESS AND Organizes work and prioritizes specific and attainable PRODUCTIVITY goals; monitors work, creates focus and eliminates roadblocks; produces quality work in accordance with schedules and deadlines; seeks new technologies and methods to improve quantity and quality of work /services; understands the roles and responsibilities of others; understands policies, procedures, rules, regulations and applicable ordinances; conceives and recommends creative ideas; understands and manages the creative process and utilizes good judgment. Comments Effectiveness and Productivity 9 Created forms unique to BCC office for financial reimbursements. 0 Made up "Commission Office Operation Manual" to assist in daily tasks • I am very organized and prioritize all my work; all tasks are completed on a timely basis. • Assisted the office staff in setting up "Macros" to make their tasks more efficient. • Made suggestions to improve the agenda index. • Made suggestion to put waiver provision in Ordinance No. 2001 -55 for election candidates — Advisory Committee Ordinance. • Had Stream Fax installed on all computers to streamline faxing capabilities. TOTAL RATING: 04- BCC -01199/489 -rev 3 BCC Staff Training, Schedule August 2W5 Present Agenda Item No. 9H September 26, 2006 Page 60 of 61 -- IlilAt�1PAT 1_f._COURW Department Orientation 03/20/06 03/20/06 05/02106 New Hire Processing r: 1;. *�.y�?�, � o , '_:P �,�!�� Y SR,"FN�;�,. 03/20/06 05115/06 New Employee Orientation Bus Ride Tour) x 07/26/06 07/28/06 Customer Service 08/09/05 11/04/05 Sexual Harassment 03/31/06 03/16/06 06/09/06 09/12/06 Safety Training 5/16/06 03/21106 05/15/06 Ethics Training and 03/20/06 05/15/06 Building Diverse Teams 06/06/06 5118/06 t Y�. t gi ui r: 1;. *�.y�?�, � o , '_:P �,�!�� Y SR,"FN�;�,. SAP Purchasing x Requisitions 08/09/05 11/04/05 SAP Time Entry 03/16/06 5/16/06 COM.P.U,T ;RAtNIN(3 .. ' Y�. . ' . r: 1;. *�.y�?�, nt a sFUF',+'"s+n' . � �. �,�!�� Y SR,"FN�;�,. SAP Purchasing 01/10106 Requisitions 08/09/05 11/04/05 SAP Time Entry 03/16/06 5/16/06 _ .;neral Business & and Customer Service Spanish 5118/06 9/18/06 9/18/06 all 9118106 all Who Moved My Cheese all day day day 8/17106 8117/2006 8/17/06 8/17/2006 Managing Multiple Priorities am am am am Staying Positive No Matter 8/17/06 8117/06 8117/2006 What pm pm pm Managing Through Trust 9/14/06 all Building day Leadership... the Critical 9/19/2006 Difference pm COM.P.U,T ;RAtNIN(3 .. ' Y�. . ' . r: 1;. *�.y�?�, nt a sFUF',+'"s+n' . � �. �,�!�� Y SR,"FN�;�,. Microsoft Outlook 01/10106 Microsoft Windows XP - New Features 08/09/05 Revised: 7/21/2006 O CO O 0 pN O Z �p N � co � 4J 07 C4 C d a) C ., O Q Q UJ U) CD a) C (3 L O F— CD C E O U L O U C) 0 N ^L, W E E / :/3� co L O U m _= U O 0 m Z T C CII m C m u) C V to Z ca U) Z C m U) Y = Y Cf) ° Y CO is c U (3 cci N L Ca Z ca cl a. c`ti @ •= n. m = Y v m o cu w c�i ca cu m w m m cc a0i m (A to z Ya- 0 Cn o t/) Y Z E E E E E E E E E as Q co co o o, m c. cl) c. O S O O D O C) O � O O O O O O N O r• N O O N CO co CO Co co CO O CO O co Co C.0 O Co Cl to O O N O N O Cl 0 N 0 N 0 N 0 N 0 N 0 N N N N C� N N N M N C� N N 1p N to N co co ap 00 80 (B � ao co C m U Ca Cu L m C E _ :.m cc m m m C N 1m E m m U D) 0 N — m N c _ � E c LL Cn ' p m ` Ca w m U C j > C Y j cu C LPL . Q N X= Q � a aD CL LU fa 7 J U O m C m V W LL m N 2 m� (D O t of CU ca Cu d O 2 3 O E 2 z D Z Lu u) C9 LU W NA - &-,- 9.r. OFFICE OF THE CO UNTY A TTORNE Y INTEROFFICE MEMORANDUM TO: Commissioner Jim Coletta FROM: Scott R. Teach, Assistant County Attorney DATE: September 25, 2006 RE: Florida Water Management Districts: Petition and Position Paper Please find attached a copy of the Petition I gave you on Friday, September 22, 2006, which includes a line with your name and return mailing address, as requested. In addition, I am also attaching a proposed Position Paper that you might find helpful for your Florida Association of Counties meeting later this week. Both of those documents, as well as, the Resolutions provided to you last week, can be e- mailed to you or your assistant. If you would like those documents sent to you by e -mail, you or your assistant may contact me directly at 774 -5755. If I can be of any further assistance, please do not hesitate to contact me. cc: David C. Weigel, County Attorney Michael W. Pettit, Chief Assistant County Attorney Attachments: Citizen Petition Position Paper POSITION PAPER IN SUPPORT OF AMENDING FLORIDA STATUTES TO REQUIRE ELECTION OF GOVERNING BOARD MEMBERS TO THE FLORIDA WATER MANAGEMENT DISTRICTS Objective: To seek amendment of the Florida Statutes to require Florida Water Management District Governing Board members be elected by the qualified electors residing within those districts rather than by appointment by the Governor. I. Background Organization and Management of the Water Management Districts 1. The State is divided into five (5) Water Management Districts, as follows: Northwest Florida Water Management District, Suwannee River Water Management District, St. Johns River Water Management District, South Florida Water Management District and the Southwest Florida Water Management District. 2. In general, those districts were created to manage and improve water quality, water supply, provide flood control and to protect and enhance natural systems through land and water management. 3. Each district is a special taxing district authorized by law to collect ad valorem (property) taxes from landowners located within their multiple county jurisdictions. 4. By Florida Statute, each district is governed by a board consisting of members residing in that district who are appointed by the Governor. The Southwest Florida Water Management District consists of eleven (11) appointed members while the other districts have nine (9). In part, Governing Board members: (1) make policy for their districts, (2) direct district initiatives, (3) contract and coordinate with other public agencies, private corporations and others to promote local and regional interests, and (4) consider and adopt an annual budget. II. Reasons For Advocating Election of Governing Board Members 1. Substantial authority is delegated to the Governing Boards allowing them to directly influence and impact local and regional interests, including the expenditure of tax dollars assessed against landowners within those districts. 2. Governing Board members should be elected because elected officials are traditionally more likely to adopt and promote the needs of their constituents rather than pursuing some individual agenda(s). While appointees may become subject to a single interest or group over a period of service, elected officials are generally accountable to a larger diverse constituency. Citizen voters apply a necessary pressure on elected officials to serve community interests and provide answers to difficult questions. As a result, the wishes of the local communities are better served. 3. Locally elected Governing Board members would be more likely to be aware of the policy goals of other local elected officials and agencies and better understand the impact and interplay of their decisions. 4. Financial accountability is generally better served through elected representatives, who must regularly justify their decisions to spend tax dollars before the voters. III. Recommendation Based upon the substantial authority bestowed upon the appointed members of the Florida Water Management Districts Governing Boards to influence and impact local and regional interests, including the expenditure of tax dollars, it is recommended that the Florida Statutes be amended to require the election of Governing Board members to insure that local interests and needs are properly addressed. 2 RESOLUTION NO. 2006 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, IN SUPPORT OF THE AMENDMENT OF THE FLORIDA STATUTES TO REQUIRE ELECTION OF THE GOVERNING BOARDS OF THE FLORIDA WATER MANAGEMENT DISTRICTS WHEREAS, the State is divided into five (5) Water Management Districts, which were created to manage and improve water quality, water supply, provide flood control and to protect and enhance natural systems through land and water management; and WHEREAS, each Water Management District is a special taxing district authorized by law to collect ad valorem (property) taxes from landowners located within their multiple county jurisdictions; and WHEREAS, current Florida law provides that the Governing Board for the Water Management Districts consist of members appointed by the Governor who reside in the respective Districts; and WHEREAS, those Governing Boards are delegated with substantial authority to directly influence local and regional interests including the expenditure of tax dollars assessed against landowners within those districts; and WHEREAS, the Board of County Commissioners after consideration of the above factors supports an amendment to the Florida Statute(s) creating the Florida Water Management Districts to provide for electing the Governing Boards rather than appointment of those members by the Governor; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board hereby resolves and supports amending the Florida statutes to require election of the Governing Boards of the Florida Water Management Districts. 1 THIS RESOLUTION is adopted after motion, second, and majority vote favoring adoption this day of ATTEST DWIGHT E. BROCK, Clerk :A Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attorney 04- Boa - 01026/680 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2 FRANK HALAS, Chairman RESOLUTION NO. 2006 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, APPROVING THE CREATION AND DISTRIBUTION OF A CITIZEN PETITION TO AMEND THE FLORIDA STATUTES TO REQUIRE ELECTION OF THE GOVERNING BOARDS OF THE FLORIDA WATER MANAGEMENT DISTRICTS WHEREAS, the State is divided into five (5) Water Management Districts, which were created to manage and improve water quality, water supply, provide flood control and to protect and enhance natural systems through land and water management; and WHEREAS, each Water Management District is a special taxing district authorized by law to collect ad valorem (property) taxes from landowners located within their multiple county jurisdictions; and WHEREAS, current Florida law provides that the Governing Board for the Water Management Districts consist of members appointed by the Governor who reside in the respective Districts; and WHEREAS, those Governing Boards are delegated with substantial authority to directly influence local and regional interests including the expenditure of tax dollars assessed against landowners within those districts; and WHEREAS, the Board of County Commissioners after consideration of the above factors directed staff to create a citizen petition to solicit signatures in favor of calling for an amendment to the Florida Statute(s) creating the Florida Water Management Districts to provide for electing the Governing Boards rather than appointment of those members by the Governor, and WHEREAS, the County Attorney's Office has drafted a citizen petition consistent with the direction given by the Board of County Commissioners, a copy of which is attached hereto and incorporated herein as Exhibit "A "; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board hereby approves of the dissemination and collection of signatures on the citizen petition attached as Exhibit "A," to obtain public input and show support for urging the State Legislature to amend the Florida Statutes to require election of the members of the Florida Water Management Districts Governing Boards. THIS RESOLUTION is adopted after motion, second, and majority vote favoring adoption this day of 2006. ATTEST DWIGHT E. BROCK, Clerk By Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attorney 04toa -0 1026/680 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA `A FRANK HALAS, Chairman COLLIER COUNTY CITIZEN PETITION TO AMEND FLORIDA STATUTES TO REQUIRE ELECTION OF GOVERNING BOARD OF FLORIDA WATER MANAGEMENT DISTRICTS To the extent that §104.185, Florida Statutes, applies to this petition, it is unlawful for any person to knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the provisions of §104.185 shall, upon conviction, be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083. To: The Florida Senate, Tom Lee, President: Objective: The undersigned petitioners hereby request that the Florida Statutes be amended to require the governing board members of the Florida Water Management Districts be elected by the qualified electors residing within those districts rather than by appointment by the Governor. The State is divided into five (5) Water Management Districts. In general, those districts were created to manage and improve water quality, water supply, provide flood control and to protect and enhance natural systems through land and water management. Each district is a special taxing district authorized by law to collect ad valorem (property) taxes from landowners located within their multiple county jurisdictions. By Florida Statute, each district is governed by a board consisting of members residing in that district who are appointed by the Governor. In part, Governing Board members: (1) make policy for their districts, (2) direct district initiatives, (3) contract and coordinate with other public agencies, private corporations and others to promote local and regional interests, and (4) consider and adopt an annual budget. Based upon the substantial authority delegated to the Governing Boards and the direct influence and impact those boards have on local and regional interests, including the expenditure of tax dollars assessed against the landowners within those districts, the undersigned petitioners hereby request and urge the Florida Senate and House of Representatives to amend the Florida Statutes to require that Governing Board Members be elected by the qualified electors of those districts. Please return all signed copies of this petition to: Commissioner Jim Coletta, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida 34112. Signature Printed Name Address Date (Street City State (Zip) Agenda Item No. 10A September 26, 2006 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee to implement a Red - cockaded Woodpecker Compliance Plan OBJECTIVE: To have the Collier County Board of County Commissioners (BCC) consider the recommendations of the Habitat Conservation Plan Advisory Committee (Committee) regarding a Red - cockaded Woodpecker Compliance Plan CONSIDERATION: The BCC adopted Resolution 2005 -174 establishing the Habitat Conservation Plan Ad -hoc Advisory Committee with the primary purpose to assess the feasibility of a Habitat Conservation Plan to address red - cockaded woodpeckers (RCWs). Subsequent to this resolution, the BCC adopted Resolution 2006 -41 to add additional members to the Committee and to broaden the scope of an HCP to be a multi- species plan that, depending on geographical scope, would need to address more listed species than just RCWs. Resolution 2006 -41 identifies the following functions and duties for the Committee: A. To serve as a forum for community review and discussion regarding Habitat Conservation Plans. B. To evaluate the feasibility of using Habitat Conservation Plans to protect endangered species in Collier County, excluding the Rural Lands Stewardship Area, and in particular to explore the ramifications of multi - species HCPs, including the following elements: 1. Issues of geographical scope and coverage of HCPs; 2. The species associated with the geographical scope; 3. Types of impacting activities, including County infrastructure needs; 4. Financial impacts of multi - species HCPs; 5. Community support of HCPs; and 6. Alternatives to HCPs if HCPs are not deemed feasible. C. To provide a recommendation to the Board of County Commissioners regarding the development and implementation of Habitat Conservation Plans. In responding to the Committee functions and duties, the Committee has proposed an RCW Compliance Plan to be implemented prior to an HCP since it will take several years to formalize an HCP. This Plan would also serve as an alternative to an HCP if an HCP is not deemed feasible. The attached Plan together with the Committee's transmittal memo to the BCC outlines the recommendations and rationale for this alternative measure to be implemented as the Committee further deliberates the feasibility of an HCP. The proposed plan has three components: 1) proposed requirements for permits issued by Collier County, 2) monitoring of foraging habitat, and 3) outreach educational activities. A major implementation activity of this Plan will be amending the Land Development Code (LDC) to incorporate the development standards for permit issuance into the County's plan and permitting review process. Upon BCC direction, this would be accomplished in the 2007 LDC amendment cycle. Agenda Item No. 10A September 26, 2006 Page 2 of 17 The Committee's transmittal memo indicates that Committee member Maureen Bonness will be the spokesperson for the Committee. Staff will briefly provide the BCC with background to this item and then have the Committee spokesperson provide the Committee's rationale. Although the memo stated that a United States Fish and Wildlife (USFWS) staff will be in attendance, staff has yet to confirm USFWS's attendance. FISCAL IMPACT: The Plan estimates approximately $16,000 in contractor costs and close to 100 hours in staff time for start-up (excluding time for amending the LDC) and then 40 hours of staff time annually to maintain the Plan. Current staff are proposed to implement the Plan. The $16,000 in contractor costs is not explicitly budgeted for FY07, however, the FY07 budget proposes $75,000 for consulting services to develop an HCP if directed by the BCC. GROWTH MANAGEMENT IMPACT: This effort assists in implementing various policies of Goal 7 of the Conservation and Coastal Management Element that addresses the protection and conservation of wildlife. Implementing this Plan also addresses the requirement of the North Belle Meade Overlay in the Future Land Use Element to provide for an RCW protection program. LEGAL CONSIDERATIONS: The County Attorney's Office has had an Assistant County Attorney attend the Committee's meetings who has given input to the Committee as it has developed its recommendations. RECOMMENDATION: That the Board of County Commissioners consider the attached Habitat Conservation Plan Advisory Committee recommendations and provide direction to the County Manager or his designee for subsequent actions. PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director 2 Agenda Item No. 10A September 26, 2006 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ^^- Item Number: 10A Item Summary: Recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee to implement a Red - cockaded Woodpecker Compliance Plan (Bill Lorenz, Director, Environmental Services) Meeting Date: 9/26/2006 9:00:00 AM Prepared By William D. Lorenz, Jr., P.E. Environmental Services Director Date Community Development 8 Environmental Services 91712006 5:40:51 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development 8 Community Development 8 Environmental Services Environmental Services Admin. 911312006 8:56 AM Approved By Community Development 8 Joseph K. Schmitt Environmental Services Administrator Date Community Development 8 Community Development & Environmental Services Environmental Services Admin. 911312006 9:56 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9114/2006 8 :29 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9115/2006 10:21 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9(1512006 12:21 PM Commissioners Agenda Item No. 10A September 26, 2006 Page 4 of 17 To: Board of Collier County Commissioners (BCC) From: Habitat Conservation Plan Advisory Committee Date: September 5, 2006 Re: Red Cockaded Woodpecker (RCW) Compliance Plan Proposal This memorandum summarizes the work of the Habitat Conservation Plan Advisory Committee ( HCPAC) since the Collier County Commission meeting of January 24, 2006. Our Committee has met six times since January of 2006. The HCPAC has added four new members and elected a new Chairman (Jennifer Hecker) and Vice - Chairman (Christian Spilker). Following recommendations from the U.S. Fish and Wildlife Service and with approval by the County Commissioners, the scope of the feasibility study was expanded to consider a multi- species Habitat Conservation Plan. If such a plan is developed and implemented for areas of Collier County, it will take several years. In recognition of the immediate need for guidelines to prevent loss of the current population of RCWs in Collier County, the HCPAC has developed the attached RCW Compliance Plan. The goal of this plan is to provide guidelines for Collier County and its citizens so that land uses comply with existing federal statutes concerning the endangered red - cockaded woodpecker, while also ensuring that homestead property rights of each parcel are maintained. The U.S. Fish and Wildlife Service published detailed guidelines for private property owners that specify the minimum quantity and quality of habitat required for each RCW group. Our RCW Compliance Plan adopts those guidelines with one important caveat: when County Staff review development for adequate RCW habitat, the minimum clearing allowance for remaining undeveloped lots will be included in the consideration. The RCW Compliance Plan has been prepared with the assistance of the Collier County Environmental Services Department. It has been reviewed by the Collier County Attorney's office. The U.S. Fish and Wildlife Service has attended our meetings and will be present at the Collier County Commission meeting to answer questions. Thank you for taking the time to review the attached RCW Compliance Plan. It is our goal to have the BCC approve the recommendations on page 8 so the RCW Compliance Plan can be finalized and implemented. Members of the HCPAC will be attending the meeting and Maureen Bonness will be the spokesperson for our Committee. ber 26, 2006 Page 5 of 17 Recommendations for a Collier County RCW Compliance Plan Prepared by the Habitat Conservation Plan Advisory Committee August 2006 RCW Compliance Plan Introduction and Purpose ber 26, 2006 F&g## 66of 17 Red - cockaded woodpeckers (RCW) are listed as "Endangered" by the US Fish and Wildlife Service (FWS) and a "Species of Special Concern" by the Florida Fish and Wildlife Conservation Commission (FFWCC). They require mature open pine forests for foraging. Populations of RCWs near the Collier County urban area have declined due to loss of habitat. The remaining known active clusters are in either Rural Fringe Sending areas, mitigation areas, or public lands. The Habitat Conservation Plan Committee is considering whether to recommend a regional Habitat Conservation Plan that would ensure protection of RCWs and or other listed species. This process will probably take several years. The RCW Compliance Plan (Plan) provides guidelines to ensure activities permitted by Collier County do not trigger a "take" under the definition in the Endangered Species Act. Maintenance of adequate foraging habitat for active, known RCW clusters should also benefit other listed forest dependent species in the area, but may not provide adequate compensation for these other species. The guidelines provided below and in Appendix A, are adapted, in part, from The Recovery Plan for the Red - cockaded Woodpecker (Picoides borealis): Second Revision (FWS. 2003). http: // rcwrecovery .fws.izov /finalrecoveaplan.pdf. The recovery plan goal is to maintain existing clusters on private lands. The goal for state and federal lands is to increase the number of RCW clusters. RCWs are dependent on cavities they create in living pines for protection and an adequate number of acres of open pine forest close to the cavities for foraging. Each RCW group (usually a breeding pair plus one to several other RCWs) maintains a "cluster" of cavities that are in close proximity to each other. Proposed activities on properties within '/4 mile of an active cluster will be reviewed to determine if they conform to the guidelines to preserve cavity trees and not interfere with nesting. RCWs typically forage on pine trees within forests that have an open mid -story within '/z mile of the cavity cluster. Land use permit applications on properties within I/2 mile of active clusters will be reviewed to determine if the requested clearing will adversely impact the minimum guidelines for pine forest habitat for that RCW group. Recommended actions of this Plan include: • Developing a permitting process and land restrictions for permit applications that would 'may avoid resulting in a "take" of RCWs, • Creating a monitoring program to identify and evaluate changes in RCW habitats in Collier County, and • Creating an Outreach strategy to inform land owners who have RCW habitat on their property about their responsibilities for habitat protection and opportunities for management and restoration projects. The Plan also provides for an Implementation Strategy to implement the recommendations and a preliminary assessment of the fiscal impacts of its recommended activities. Implementation will be phased to maximize protection and allow for development of educational and monitoring components. The Plan will cover all of Collier County except the Rural Lands Stewardship Area and the North Belle Meade Receiving Area. Page 2 of 13 September 26, 2006 RCW Compliance Plan FRY��96of 17 The Plan has been reviewed by the Habitat Conservation Committee and received its endorsement by a unanimous vote to bring it to the County Commission. Definitions • Active cluster - A cluster containing one or more active cavities • Abandoned cluster — A cluster that has not shown any evidence of activity by red - cockaded woodpeckers for three years or more. • Cavity — A completed excavation or start exhibiting fresh pine resin associated with cavity maintenance, cavity construction, or resin well excavation by red - cockaded woodpeckers. • Cavity tree - Tree with one or more cavities. Cluster - The aggregation of active and inactive cavity trees currently used by a group of RCWs and a 200 ft wide buffer of forest. • Foraging habitat - consists of mature pines with an open canopy, low densities of small pines, little or no hardwood or pine midstory, few or no overstory hardwoods, and abundant native bunchgrass and forb groundcovers • Incidental take - any taking otherwise prohibited by the Edangered Species Act if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. • Pine basal area - The area of a horizontal cross section of a pine tree's stem, generally measured at breast height. • RCW group - The social unit in red - cockaded woodpeckers, consisting of a breeding pair with one or more helpers, a breeding pair without helpers, or a solitary male. • Take — to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Proposed Requirements for Permit Issued by Collier County Collier County has received various permit requests for activities located in RCW habitat. The following is a set of proposed actions to ensure that the County's permitting activities conform to the requirements of the Endangered Species Act. The RCW Recovery Plan groups activity restrictions to those affecting the cavity trees and those affecting foraging habitat. Page 3 of 13 RCW Compliance Plan ber 26, 2006 P&04/66of 17 The Plan will use GIS to identify parcels within '/4 mile of the center of the cluster to evaluate activities that may impact cavity trees. Then parcels within'' /2 mile of each cluster will be identified so that activities affecting foraging habitat may be reviewed. 1. Locate known active clusters. The Environmental Services Department (ESD) will maintain a map of active clusters. Staff has already started this effort (Figure 1). The ESD will refine this information as additional RCW locations are identified and then identify land parcels within '/4 mile radius of the center of each active cluster. Staff will "red -flag" county records of these parcels so that permit applications can be processed promptly that conform to the restrictions noted in 2 below. Permit applications that may result in a take if issued will be forwarded to FWS for technical review. Permits may be issued when FWS indicates the activity does not constitute a take or issues an incidental take permit for the proposed activity. An assessment will also be made to determine the status of known clusters. This assessment will be based on data received by the County through a variety of sources but will not require the County to perform site surveys. Declaring clusters inactive or abandoned requires the expertise of an individual with ample knowledge of RCW life history, ecology and cavity monitoring experience. An abandoned cluster is one that has not shown any evidence of RCW activity for 3 years or more. 2. Restricted Activities near Active Clusters. Cavity trees and especially cavity trees with nests are vital to RCWs. The following activities are likely to cause harm or harass under the definition of take in the Endangered Species Act. County staff will provide a review of permit applications that are within '/4 -mile of an active cluster to evaluate activities expected to harm or harass RCWs. (In the North Belle Meade Area this will affect approximately 61 parcels). The County will issue the permit only if the project conforms to the restrictions below, the applicant obtains acknowledgement from the FWS that the proposed activity does not constitute a take, or the FWS issues an incidental take for the activity. The review and issuance of a County permit will conform to the following guidelines on restricted activities: a. Removing any RCW cavity tree, through cutting, bulldozing, or any other activity from within an active cluster. Damaging an active cavity tree which results in the death of that tree. Damage includes, but is not limited to, injury to the bole or root system (generally due to heavy equipment use), exposure to herbicides, and fire scorch to the crown due to inadequate protective measures during prescribed burning. (Pines are best protected from damage by intense fires through frequent low- intensity prescribed burns.) b. Planting of shrubs and or ornamental plants that will exceed 7 feet in height within 50 feet of an active cluster. If cavities are 10 feet or less in height, planting any shrubs within 50 feet of cavity trees may adversely affect red - cockaded woodpeckers. Landscaping within clusters should be accomplished with hand tools or lightweight power equipment rather than tractor - mounted equipment and be composed of native pine flatwood species. Riding lawn mowers are allowed. c. Commercial vehicles, or construction materials cannot be stored within 200 feet of cavity trees. Page 4 of 13 RCW Compliance Plan ptember 26, 2006 PW006of 17 d. Constructing roads and above ground utility rights -of -way within 200 feet of a cavity tree or between cavity trees within a cluster. Use of existing roads, without an increase in level of use, improved or unimproved, generally does not adversely affect red - cockaded woodpeckers and therefore is allowed. Locations of the clusters will be shared with Public Works and franchised utilities. e. Constructing facilities including, but not limited to, buildings, campgrounds, recreational developments, residential dwellings, and industrial or business complexes within 200 feet of a cavity tree or between cavity trees within a cluster. Replacement of existing structures with the same footprint out of nesting season is acceptable. 3 Restricted Activities on Clearing of RCW Forage Habitat The Endangered Species Act restrictions on removal of habitat do not trigger enforcement actions until the reduction of habitat equates to a "take ". Each RCW group requires foraging habitat that contains a minimum of 3000 square feet pine basal area, as specified in Appendix A. The North Belle Meade Overlay Recovery Plan for the Red - cockaded Woodpecker (2003, Southern Biomes, Inc.) mapped out cavity and foraging habitat. This effort can be utilized to define existing pine forested habitat available to RCW groups. To determine the minimal habitat necessary to support each group the mapped habitat within '/2 mile of a cluster's center will be identified. The total foraging habitat identified will be reduced by the maximum allowable clearing standards for the remaining undeveloped lots. This will approximate the amount of foraging habitat available to the RCW group. Permit applications for parcels within '/2 mile of the cluster will be reviewed for their effect on foraging habitat. (This review may include 152 undeveloped parcels in North Belle Meade.) Permitting of vegetation removal will be restricted if the foraging habitat for a RCW cluster is reduced to its legal minimum. Permits for clearing that result in the reduction of foraging habitat less than the minimum 3000 square foot pine basal area will not be issued without acknowledgment from FWS that the activity does not constitute a take or with an incidental take permit from FWS. Permit applications within ' /z mile of active clusters will be reviewed for impacts to RCW habitat: a. Identify parcels within '/2 mile radius of active clusters that contain suitable foraging habitat. b. Provide notification to FWS when a property owner of foraging habitat submits an agricultural clearing notification and provide RCW educational materials to the property owner. c. When a property owner of foraging habitat applies for a permit that includes vegetation clearing, the county will assess if the clearing will result in foraging habitat going below minimum requirements. If habitat will decrease below the minimum, then the county will issue the permit only if the FWS indicates the activity does not constitute a take or issues an incidental take permit for the proposed activity. When assessing the minimum remaining foraging habitat all factors affecting the undeveloped foraging habitat will be considered including TDR status of parcels and the minimal clearing for each remaining undeveloped parcel. Page 5 of 13 RCW Compliance Plan tuber 26, 2006 P JY&4106of 17 4. Property Owner Notification. County staff will notify property owners with foraging habitat within '/2 mile of an active cluster(s) of the proximity of their property to the cluster(s) and the importance of protecting the pine forests necessary for foraging. A public meeting will be arranged and a web site developed to provide information on state and federal habitat management programs that can reduce costs of habitat management. Information will be included in the notification detailing understory maintenance that will prevent harmful wildfires, benefit RCWs, and other listed species. Information will also be included on TDR incentives in Sending areas: * Each undeveloped parcel or 5 acres is eligible for 1 TDR; * Prior to October 2008 one Early Entry Bonus per TDR * One bonus TDR for implementing a Restoration & Maintenance Program * One bonus TDR for conveying property to a governmental agency. Monitoring of Foraging Habitat The FWS Recovery Plan (FWS, 2003) recognizes that it may not be reasonable to expect private landowners to manage their habitat to achieve the same quality as a public land manager. However, for those private land managers that wish to increase the size of their populations the Recovery Standard is strongly encouraged. Where private lands are managed for a stable population the Standard for Managed Stability (Appendix A.) may be adequate. Additionally, some pine forests in south Florida are considerably more "open" and contain smaller trees than RCW pine habitats in other areas of their range. These conditions have resulted from past land use management or natural site conditions. The FWS has developed the South Central Florida Recovery Unit Foraging Guidelines (Guidelines) to assess RCW habitat where these open conditions exist. The Guidelines are considered interim and are included in Appendix B. Where the RCW habitat meets the "Recovery Standard" the habitat quality should not be reduced below those values. Mapping Habitat within '/2 mile In Conservation Lands the habitat can be managed to support wildlife. Outside of the Conservation Lands the habitat is not managed to benefit wildlife and the habitat quality or quantity may be impacted by development. The RCW Recovery Plan lists the minimum foraging habitat standard as 3,000 square feet pine basal area. By mapping habitat within '/2 mile of the center of the cluster, it is possible to identify approximately when clearing will reach a critical point. Within 6 months of BCC direction, the Environmental Services Department will create a map illustrating suitable foraging habitat. Considering habitat quality available the Environmental Services Department will use the guidelines for satisfying the Standard for Managed Stability, to identify foraging habitat. (See Appendix A.). If the habitat quality doesn't meet the Standard for Managed Stability then it will be compared to the standards in Appendix B. Page 6 of 13 RCW Compliance Plan nber 26, 2006 P *4!41a6of 17 Further refinement of the North Belle Meade RCW habitat map will be required. Ground plots will be analyzed within known clusters and foraging habitat for basal area and other components of RCW habitat will be identified. The foraging habitat will be estimated using the basal area of the ground plots extrapolated to the mapped pine stands within 1/2 mile of the cluster. The total foraging habitat identified will be reduced by the maximum allowable clearing standards for the remaining undeveloped lots to determine if there will be sufficient foraging habitat after buildout to satisfy the recommended minimum pine basal area of 3000 sq. ft. This will not be done for clusters in Conservation Lands, where the habitat can be managed for the RCWs benefit. Annually, ESD will re- evaluate the distribution of remaining suitable habitat (with the aid of new aerial photos and permit information). Annual re- evaluation will include changes to habitat due to natural events (storms, wildfire, exotic invasion, etc.), and agriculture development, as well as permitted and un- permitted clearing. Outreach Educational Initiatives There are many opportunities for the County to inform land owners who have RCW habitat on their property about their responsibilities for habitat protection and opportunities for management and restoration projects. Accordingly, it is recommended that the County implement the following initiatives: 1. Within 3 months of BCC direction, develop incentives for management and improvement of foraging habitat. • Florida Statewide Red - Cockaded Woodpecker Safe Harbor Agreement (Draft 9/2005) will allow property owners with RCW foraging habitat to set a baseline for their RCW existing conditions if they agree to provide a net conservation benefit to RCWs on their land. Florida Fish and Wildlife Conservation Commission will implement the program and inspections are at the discretion of the agency. • The Rural Fringe TDR program was developed to provide an incentive to protect existing wildlife habitat. In Sending Areas, the program provides one TDR for the conservation of 5 acres (or existing smaller parcel) of an undeveloped property. Prior to October 2008, an additional bonus TDR is included. An incentive of one bonus TDR is provided for restoring and managing each 5 acres of habitat for listed species such as the RCW. There is an additional bonus TDR for conveying the property to a governmental agency. Provide property owners with information about programs they can use for assistance in managing their property for listed species. The FFWCC land owner incentive program provides assistance to establish a management plan and pay a portion of the management costs in return for a commitment to continue the management practices for a period of time; details vary from project to project. The Federal programs will share costs of management, and if a local partner can be found there may be opportunities for greater benefits. Kathy O'Reilly - Doyle, FWS, offered to participate in a public information meeting. Page 7 of 13 RCW Compliance Plan -nber 26, 2006 P * &41(76of 17 2. Within 6 months of BCC adoption, develop an outreach program to educate property owners on RCW needs and advantages of good habitat management. Fiscal Impacts Staff estimates the fiscal impacts of these proposals to be $16,000 in contractual services and approximately 136 hours of staff time. There should be no additional cost to private property owners above the costs that they should already be incurring to meet the requirements of the Endangered Species Act. No additional permits or fees are envisioned; staff will simply apply the permitting guidelines to existing permit applications. A cost breakdown of the activities is as follows: Starr -up costs mcluae riabrtat assessment that will not be repeated annually. Implementation Strategy In order to accomplish the recommendations of this Plan, the following steps are recommended: 1. Brief the County Commission on this Plan and seek the Commission's approval of the recommendations contained within this Plan. 2. Upon approval by the County Commission, formally solicit the FWS's approval of the proposed permit requirements identified above. The approval should take the form of either a letter of technical assistance or a formal operating agreement between FWS and the County. 3. Determine elements of this Plan that will require amendments to the Land Development Code (LDC). Upon approval by the County Commission, begin drafting LDC amendments for the 2007 LDC cycle. Page 8 of 13 Start-up Recurring Program Program Element Cost Cost Permitting Mapping Clusters 8 hrs 8 hrs Permit Issuance 8 hrs 8 hrs Property Owner Notification 40 hrs 16 hrs Forage Habitat Monitoring $16,000 (This is not recurring) Outreach Educational Activities 40 hrs 8 hrs Total Consulting Costs $16,000 Starr -up costs mcluae riabrtat assessment that will not be repeated annually. Implementation Strategy In order to accomplish the recommendations of this Plan, the following steps are recommended: 1. Brief the County Commission on this Plan and seek the Commission's approval of the recommendations contained within this Plan. 2. Upon approval by the County Commission, formally solicit the FWS's approval of the proposed permit requirements identified above. The approval should take the form of either a letter of technical assistance or a formal operating agreement between FWS and the County. 3. Determine elements of this Plan that will require amendments to the Land Development Code (LDC). Upon approval by the County Commission, begin drafting LDC amendments for the 2007 LDC cycle. Page 8 of 13 w v-x - xy 1 C ♦ '�'.- - 'vL �t r '� - 1 A. Le gend RCW Habitat Type Foraging all, Au NIX,4 4 4 C_ 1 d, r �`.'a�7° SF,'�A� ��• `' r R s r , e. t ut, .F mr 5! t 1 :pp�1 t��_ ✓, S�� r9 "...wig ��tt 'qw l RCW Compliance Plan Appendix A. The Standard for Managed Stability (Taken in part from: Appendix 5: Private Lands Guidelines, FWS. 2003) -nber 26, 2006 PeW"C6of 17 1. Provide each group of red - cockaded woodpeckers a minimum of 689 m2 (3000 ft2) of pine basal area, including only pines > 25.4 cm (10 in) dbh. 2. Provide the above pine basal area on a minimum of 30.4 ha (75 ac). 3. Count only those pine stands in suitable habitat that, for this standard only, has each of the following characteristics: a. Stands that are at least 30 years old and older. b. An average pine basal area of pines > 25.4 cm (10 in) between 9.2 and 16.1 m2/ha (40 and 70 ft2 /ac). c. An average pine basal area of pines < 25.4 cm (10 in) less than 4.6 m2/ha (20 f0ac). d. No non -pine midstory or if a non -pine midstory is present, it is sparse and less than 2.1 m (7 ft) in height. e. Total stand basal area, including all trees, less than 23.0 m2/ha (80 ft2 /ac). E We recommend that all land counted as foraging habitat be within 0.4 km (0.25 mi) of the cluster, and that any stand counted as foraging habitat be within 61 m (200 ft) of another foraging stand or the cluster itself. g. Frequent prescribed burning of foraging habitat, especially during the growing season, is strongly recommended. Development and protection of herbaceous groundcovers facilitates prescribed burning and benefits red - cockaded woodpeckers. The standard for managed stability can benefit red - cockaded woodpeckers on ownerships not legally required to recover the species, because it encourages cooperation between landowners and the U.S. Fish and Wildlife Service. Appendix B. Synopsis: South / Central Florida Recovery Unit Foraging Guidelines for Satisfying the Standard for Managed Stability (FWS, 2006) Background Many forested habitats and stands on properties harboring red - cockaded woodpeckers (RCWs) in the South/Central Florida Recovery Unit ( SCFRU) are considerably more "open" than most other RCW habitats across the species range. In the SCFRU these habitats occur in both the longleaf pine and South Florida slash pine ecosystems. The open character of the stands and forests is a function of past land use management, natural site conditions (e.g., "prairies "), or a combination of both. Page 10 of 13 RCW Compliance Plan nber 26, 2006 P *44156of 17 One result of these low basal area (BA) habitats, which are also typically associated with smaller (in both height and diameter than most other RCW foraging /cavity trees within the species range) mature trees, is that RCW territories and home ranges can be quite large in the SCFRU; e.g., 345 acres (Nesbitt et al. 1983), 370 acres (DeLotelle et al., 1983), 375 acres (DeLotelle et al. 1987), and 285 acres (DeLotelle and Epting 2000). It is important to note that territory size is also a function of population density. Given the larger than average territories and the smaller than average trees in some areas of the SCFRU, the Standard for Managed Stability (SMS) foraging guidelines presented in the Red - cockaded Woodpecker (Picoides borealis) Recovery Plan: Second Revision (Plan) (U.S. Fish and Wildlife Service 2003) are not representative, and thus insufficient, for some stands and habitats in the SCFRU. Therefore, the U.S. Fish and Wildlife Service (Service), in coordination with SCFRU members (via 3 annual meetings; 2003, 2004, 2006) has developed SCRFU - specific SMS foraging guidelines (Guidelines). The Guidelines were primarily developed relying on the extensive research, management, and associated publications of Roy DeLotelle who has studied RCWs in the SCFRU for over 25 years. Note: The following caveats apply to these Guidelines: (1) The Service considers these Guidelines to be interim guidance that: (a) may be modified as new data becomes available, and (b) will not be applicable for habitat and stands, currently under - stocked as a result of past land use practices, once those stands achieve "normal" stocking levels. (2) The Guidelines DO NOT apply to habitat or stands already meeting the SMS guidelines in the Plan (Appendix 5). That is, stands already meeting the SMS Plan standards regarding stem size (i.e., 10 "or larger dbh pines), stand stocking (i.e., 40 sq.ft. BA /acre or more), and age (i.e., 30 or older) will not be reduced below these values. (3) These Guidelines are to be implemented and used in the same manner as the MSS in the Recovery Plan (see the U.S. Fish and Wildlife Service's May 4, 2005 letter for guidance - this memo can be accessed via the Matrix link on our website (http: / /rcwrecovery.f\vs.gov). That is, they are not a substitute for the recovery standard in the SCFRU, only the MSS; and only then when applicable (see 1 and 2 above). Therefore, in state and federal recovery populations in the SCFRU, where stand conditions are "open ", management activities should be directed toward achieving well- stocked stands, assuming natural conditions support that level of stocking. (4) See additional "Notes" below. Guidelines 1. Provide each group of RCWs a minimum of 3000 sq.ft. of pine basal area (BA). a. At least 2000 sq.ft. must be in trees 9" dbh or larger. b. The remaining 1000 sq.ft. can be in trees from 4 "- 8" dbh. c. Trees <4" dbh cannot be counted toward the 3000 sq.ft. Page 11 of 13 RCW Compliance Plan ptember 26, 2006 P * &4166of 17 Note: When natural conditions allow, the desired future condition for foraging habitat stands is for the 3000 sq.ft. to be composed of 10" dbh trees and larger. Habitat management and silvicultural activities should be implemented to achieve this goal. Most sites will be capable of growing trees this size, at least at moderate stand densities, e.g., 40 -60 BA/acre. 2. Provide a minimum of 75 acres of foraging habitat. a. At least 40 sq.ft. BA /per acre would be required to meet the 3000 sq.ft. minimum on 75 acres. b. If stocking is lower than 40 sq.ft., sufficient foraging habitat acreage must be designated to supply the 3000 sq.ft. For example, if average stocking in the foraging habitat is only 20 sq.ft. /acre, 150 acres of foraging habitat would be designated for each RCW group; 10 sq.ft. /acre habitat would require 300 acres, etc. Note: Currently, stand basal areas in some portions of the SCFRU average less than 40 sq.ft. of BA/acre in 4 " -10 "+ dbh pines; with some stands/habitats as low as 10 sq.ft. /acre. On many sites, these low stocking conditions are primarily a result of poor pine recruitment (i.e., few good seed crop years) and inadequate (frequency and season) prescribed burning programs. However, during the past 15 years, several pine recruitment classes have become established on numerous properties, and on sites with adequate burning programs, stand basal areas are increasing. On these sites /properties, the desired future condition for foraging habitat stands is that they contain at least 40 sq.ft. BA/acre in 10" dbh trees and larger. 3. Count only those pine stands with an average stand age at least 30 years old or older. However, up to 1000 BA of the total stand may be in trees 20 -29 years old (i.e., the 4" to 8" dbh stems). 4. No non- pine _midstory of if a non -pine midstory is present it is sparse and less than 7 feet in height; midstory can be controlled by fire (preferred), mechanical or chemical means. 5. Canopy non -pine trees are absent or less than 10% of the number of canopy trees. 6. Total stand basal area, including canopy hardwoods, less than 80 sq.ft. BA/acre. 7. Foraging habitat stands will be within 0.5 miles of the cluster center and preferably within 0.25 miles. Foraging habitat stands cannot be separated from one another or the cluster by more than 200 feet of non - foraging habitat (e.g., rights -of -ways, highways, clearcuts or forested stands less than 30 years old, hardwood stands, agricultural fields, etc.). 8. Frequent growing season prescribed burning of nesting and foraging habitat is recommended and encouraged. References Cited Nesbitt, S. A., A. E. Jerauld, and B. A. Harris. 1983. Red - cockaded woodpecker summer ranges in southwest Florida. Pp. 68 -71 in D. A. Wood, ed. Red - cockaded woodpecker symposium II. Page 12 of 13 September 26, 2006 RCW Compliance Plan P .*44166of 17 Florida Game and Fresh Water Fish Commission, Tallahassee, FL. DeLotelle, R. S., J. R. Newman, and A. E. Jerauld. 1983. Habitat use by red - cockaded woodpeckers in central Florida. Pages 59 -67 in D. A. Wood, editor. Red - cockaded woodpecker symposium II proceedings. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida, USA. DeLotelle, R. S., and R. J. Epting. 2000. Demography and ecology of the red - cockaded woodpecker in the Big Econlockhatchee Bason, Curtis H. Stanton Energy Center 1980 -2000. Summary Report S61887E, prepared for the Orlando Utilities Commission. DeLotelle, R. S., R. J. Epting, and J. R. Newman. 1987. Habitat use and territory characteristics of redcockaded woodpeckers in central Florida. Wilson Bulletin 99:202 -217. FWS. 2003. Recovery Plan for the Red - cockaded Woodpecker (Picoides borealis): Second Revision. US Fish and Wildlife Service. Page 13 of 13 Agenda Item No. 10B September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Report to the Board of County Commissioners by representatives of the mining industry about the status of earth mining and specifically the mining of "hard rock" within the limits of Collier County and the limitations that have been put on those resources by Growth Management Plan and land development regulations. OBJECTIVE: To acquaint the Board with the relative scarcity, in areas that are not presently closed to mining by zoning or environmental exclusions, of the types of aggregate necessary for the construction of roads and structures. CONSIDERATIONS: On 14 June 2005 a "Recommendation to consider a request to authorize the Collier County Engineering Review Department to evaluate the quantity and quality of economically feasible limerock and hard rock aggregate within the limits of Collier County and prepare a report to the Board with recommendations as to where hard rock mining should be allowed by the Comprehensive Plan." was heard by the BCC as Item 10A. The result of the discussion was that the Board directed CDES to contact mining interests in the private sector to have them contract for a study of the subsurface rock resources of Collier County and their location in relation to lands that have been placed into some sort of protected status. The point of the original presentation to the BCC was that much of the land where usable rock is within mineable distance from the surface has been placed into environmental preservation and much of the unpreserved land is only good for mining earth or sand. Opening additional areas to mining will allow quicker, less expensive, and more efficient construction of necessary infrastructure. That requested study is complete and representatives of the mining industry are prepared to present it. FISCAL IMPACT: Since the original presentation, the scarcity of hard rock aggregate has increased and as with any scarce resource, the cost has also increased, driving up the cost to the government and the public of the construction of roads, overpasses, buildings and anything made of concrete or asphalt. GROWTH MANAGEMENT IMPACT: Presentation of this report has no GMP impact. However, to allow earth mining in areas not presently allowing that use will necessitate an amendment to the GMP and/or the Land Development Code. RECOMMENDATION: Engineering staff recommends that the BCC consider the recommendations made during the rock mining presentation and provide direction to staff for future action. PREPARED BY: Stan Chrzanowski, Senior Engineer, Engineering Services Department Agenda Item No. 10B September 26, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1013 Item Summary: This item to be heard at 11:00 a.m. Report to the Board of County Commissioners by representatives of the mining industry about the status of earth mining and specifically the mining of hard rock within the limits of Collier County and the limitations that have been put on those resources by Growth Management Plan and land development regulations. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) Meeting Date: 9!26/2006 9:00:00 AM Prepared By Stan Chrzanowski Engineering Review Manager Date Community Development $ Engineering Services 91512006 4:16:41 PM Environmental Services Approved By Thomas E. Kuck, P.E. ODES Engineering Services Director Date Community Development 8 CDES Engineering Services 9!5(2006 4:46 PM Environmental Services Approved By William D. Lorenz, Jr., P.E. Environmental Services Director Date Community Development 8 Environmental Services 9/812006 17:49 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development $ Community Development $ 9!1312008 9:36 AM Environmental Services Environmental Services Admin. Approved By Community Development $ Joseph K. Schmitt Environmental Services Adminstrator Date Community Development $ Community Development $ 911312008 10:03 AM Environmental Services Environmental Services Admin. Approved By David Weeks. AICP Chief Planner Date Community Development 8 Comprehensive Planning 9113!2006 5:21 PM Environmental Services Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management $ Budget 9/14/2006 8:28 AM Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management 8 Budget 9/15/2006 9:07 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/15/2008 10:02 AM Commissioners . l \ \� ) � }. ;� £ 0«2® 2 - \ - dS , f#2 ) � }. ;� `' i,. __._.,.. _., Agenda Item No. 10C September 26, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve Collier County's Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2005- 2006 as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Chairman of the Board of County Commissioners to certify the CAPER for submission to HUD. OBJECTIVE: To have the Board of County Commissioners (BCC) approve a Resolution accepting the Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) programs for fiscal year 2005 -2006 as required by HUD, and authorize the Chairman to certify the CAPER for submission to HUD. CONSIDERATIONS: Collier County, along with its participating cities of Naples and Marco Island, became eligible to receive federal entitlement funds on an annual basis through the CDBG program in 2001. Collier County became eligible to receive HOME funds on an annual basis in 2003 and qualified for ESG entitlement funds in 2004. HUD requires all entitlement communities to prepare a Consolidated Annual Performance and Evaluation Report (CAPER) to evaluate the recipient's compliance with federal statutes and the organization's capacity to implement and administer the funded programs. The CAPER provides a review of the progress being made toward meeting overall goals and objectives identified in the Five -Year Consolidated Plan and One -Year Action Plan. This CAPER covers the period July 1, 2005 to June 30, 2006 for the County's three HUD entitlement programs, CDBG, HOME and ESG, and must be submitted to HUD within ninety (90) days of the end of the program year. The CAPER is due prior to September 30, 2006. Copies of the draft CAPER were made available for public review and comment during the required 15 day exposure period which is August 21, 2006 through September 5, 2006. Copies of the draft document and the final document were available from Collier County Operations Support and Housing Department, Collier County Communication and Customer Relations, local libraries and on the County website. Due to the size of the CAPER, the document is not included as an attachment but was provided under separate cover to members of County administration. One written comment was received on the CAPER. As required, the written comment and staff response is included in Appendix, Tab 6. FISCAL IMPACT: $3,524,802 in CDBG, HOME and ESG entitlement funds was available for housing and non - housing activities in FY 05 -06. The total amount of entitlement funds expended in the fiscal year ending June 3 0, 2006 was $3,391,861. Agenda item No. 10C September 26, 2006 Page 2 of 5 GROWTH MANAGEMENT IMPACT: The CDBG, HOME and ESG projects undertaken are consistent with and support the Housing, Future Land Use and Recreation and Open Space Elements of the Collier County Growth Management Plan by providing infrastructure improvements and housing assistance to improve the health, safety and welfare of the very low to moderate - income residents of the community. LEGAL CONSIDERATIONS: This request is internally consistent, complies with all applicable laws and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the BCC approve Collier County's Consolidated Annual Performance and Evaluation Report (CAPER) for CDBG, HOME and ESG activities in FY 2005 -2006 as required by HUD and authorize the BCC Chairman to certify the CAPER for submission to HUD. Prepared by: Susan Golden, Federal /State Grants Administration Manager Operations Support and Housing Agenda Item No. 10C September 26, 2006 Page 3 of 5 Approved By COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10C Item Summary: Recommendation to approve Collier Countys Community Development Block Grant (CDBG), 911512006 12:02 PM HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Environmental Services Admin. Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2005 -2006 as required Approved By by the U.S. Department of Housing and Urban Development (HUD), and authorize the Chairman of the Board of County Commissioners to certify the CAPER for submission to Financial Admin & Housing Director HUD. (Susan Golden, Grants Administration Manager, Housing and Grants Department) Meeting Date: 9/26/2006 9:00:00 AM Prepared By Environmental Services Financial Admin. & Housing FederallState Grants Administration Date Susan Golden Manager Community Development & Financial Admin. &Housing 91812006 2:18:24 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 911512006 12:02 PM Environmental Services Environmental Services Admin. 911612006 7:33 AM Approved By Environmental Services Admin. Denton Baker Financial Admin & Housing Director Date Community Development 8 Financial Admin. &Housing 9!15!2006 4:10 PM Environmental Services Financial Admin. & Housing 911812006 1:21 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Administrator Date Community Development & Community Development & 911612006 7:33 AM Environmental Services Environmental Services Admin. Approved By -°°- Cormac Gibiin Housing Development Manager Date Community Development & Financial Admin. & Housing 911812006 1:21 PM Environmental Services Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911812006 2:47 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 911812006 4:44 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911812006 6:42 PM Commissioners +r' Agenda Item No, 10C September 26, 2006 Page 4 of 5 RESOLUTION NO. 2005 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING FISCAL YEAR 2005 -2006 CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CAPER) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS AS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO CERTIFY THE CAPER FOR SUBMISSION TO HUD AND PROVIDING AN EFFECTIVE DATE WHEREAS, HUD requires all entitlement communities to prepare a Consolidated Annual Performance and Evaluation Report (CAPER) annually to determine whether the recipient of HUD funds is in compliance with federal statutes and has the capacity to implement and administer these programs; and WHEREAS, the CAPER provides a comprehensive review of the progress being made toward meeting overall goals and objectives identified in the Five -Year Consolidated Plan and One -Year Action Plan; and WHEREAS, the purpose of the CAPER is to demonstrate how federal funds are being expended within very low to moderate - income communities; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Board of County Commissioners of Collier County approves the Fiscal 2005 -2006 Consolidated Annual Performance and Appraisal Report (CAPER) for the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) programs. 2. The Chairman of the Board of County Commissioners is authorized to certify the CAPER for submission to HUD on behalf of the County. 3. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. Agenda Item No. 10C September 26, 2006 Page 5 of 5 4. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this of September 2006, after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: Jeffrey A. Klatzkow, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA IN FRANK HALAS, CHAIRMAN Agenda Item No. 10D September 26, 2006 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve the purchase of the Forsyth homestead and six rental units by a joint purchase agreement for property required to provide for a Stormwater Management Pond in the Gateway Triangle Area (Gateway Triangle Stormwater Improvement Project, Project No. 518031) and to accept a $529,000 contribution from the Bayshore Gateway Triangle CRA Fund 187 to the Stormwater Fund 325 for the total cost of this purchase. Fiscal Impact: $1,260,500. OBJECTIVE: To approve the Joint Purchase Agreement for the acquisition of 1.58 acres required for the construction of a larger Stormwater Management pond. CONSIDERATIONS: At the regular meeting of May 11, 1999, the Board of County Commissioners approved the purchase by the Stormwater Management Department of 2.50 acres from William and Audrey Forsyth. Acquisition of the Forsyth's property and some smaller properties totaling 2.21 acres were needed to construct the proposed detention pond for the Gateway Triangle Stormwater Management System. The design of this system is currently nearing completion. An expanded pond design is now being considered. This design entails the acquisition of the remaining 1.58 acres belonging to the Forsyths, increasing the total land area to 6.29 acres allowing for construction of a total pond area of 5.44 acres. The subject property is located at 2572 Lee Street and 2659 Pelton Street (see Exhibit "A" attached hereto) and is zoned RMF -6. The increased size of the pond will create a much more effective stormwater management system for the Gateway Triangle Area. On January 18, 2006 the subject property, which consisted of the Forsyth's homestead and six rental units, was appraised at $723,500. On February 24, 2006, Collier County extended a written offer to pay the appraised value of $723,500 for the property. This purchase offer was rejected. The Forsyths have stated on several occasions that the sale price of the property must adequately compensate them for the loss of the rental income they presently enjoy. The Forsyths are concerned that the sale of the property will result in the loss of that steady stream of income from the rental units, have thus established a selling price of $1,252,500 for the property, pricing the property high enough to where a replacement residence can be purchased with a portion of the proceeds and the balance of the proceeds can be invested in a manner such that a steady income may be realized. Mr. and Mrs. Forsyth have stated they are ready to begin the process of listing this property with a realtor. They have agreed to consider Collier County's purchase agreement first, but if the County purchase negotiations are not successful, the property will be listed for sale. Such a sale would likely result in development of the property. The Stormwater Management Department is very concerned over the potential for redevelopment of the property; further development would not only limit the pond size to its current proposed configuration, but would create additional impervious surface, causing more runoff that contributes to flooding. The attached rationale provided by HDR, Inc, (Stormwater ,,.., Management Department's consultant) further describes the need for the larger pond (see Exhibit "B" attached hereto). Agenda Item No. 10D September 26, 2006 Page 2 of 14 w The Collier County Community Redevelopment Agency (CRA) Advisory Board has recommended to the CRA Board, that the CRA share with Collier County in the cost of this purchase. Collier County would pay the appraised value of $723,500, and the CRA would pay the $529,000 difference between the appraised value and the negotiated purchase price. It is in the best interest of Collier County and in particular of the residents and business owners of the Gateway Triangle Area for the County to acquire this property. Therefore, staff recommends acceptance and approval of the attached Joint Purchase Agreement in the amount of $1,252,500. FISCAL IMPACT: Funds in the amount of $493,350 are available in Fund 325 Gateway Triangle Improvements (Project No. 518031). Total expenses for this purchase including the purchase price for the property, title insurance, attorney's fee, closing services and recording fees, will not exceed $1,260,500. A budget amendment is needed to transfer $767,150 from a total of three projects as indicated below into Project No. 518031, Gateway Triangle Improvements, to finance the total cost of this purchase. Source of all Stormwater funds are Fund 325 ad valorem tax. A contribution of $529,000 from the Bayshore Gateway Triangle CRA Fund 187 will be transferred into the Stormwater Fund 325, Project No. 518031, providing assistance with completion of this acquisition. No. Project No. Project Name Transfer Amount 1 510222 C -1 Canal Crossing $333,592.76 2 51 1321 Livingston Rd. East -West $300,000.00 3 510075 County Wide Swales $133,557.24 Total $767,1 50.00 GROWTH MANAGEMENT IMPACT: As the Forsyth property is a part of the Gateway Triangle Stormwater Improvement Project, this recommendation is consistent with the Gateway Triangle Redevelopment Area Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida and the Board of Collier County Community Redevelopment Agency of Collier County, Florida: 1. Approve the Joint Purchase Agreement for the Forsyths' property in the amount of $1,252,500 and authorize their Chairmen to execute same on behalf of the Boards; 2. Authorize payment to the owners in the amount as shall be specified on a closing statement; 3. Accept delivery of the Warranty Deed for the property as provided under the Joint Purchase Agreement; 4. Authorize the County Manager, or his designee, to close the real estate transaction, and to record said deed in the public records of Collier County, Florida; and 5. Authorize any and all budget amendments, which may be required to carry out the collective will of the Boards. Prepared by: Margaret Kreynus, Transportation Engineering & Construction Management — Right -of -Way Attachments: (1) Exhibit A - Joint Purchase Agreement; (2) Exhibit B - Forsyth Property Rationale Agenda Item No. 10D September 26, 2006 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10D Item Summary: Recommendation to approve the purchase of the Forsyth homestead and six rental units by a joint purchase agreement for property required to provide for a Stormwater Management Pond in the Gateway Triangle Area (Gateway Triangle Stormwater Improvement Project, Project No. 518031) and to accept a $529.000 contribution from the Bayshore Gateway Triangle CRA Fund 187 to the Stormwater Fund 325 for the total cost of this purchase. Fiscal Impact: $1,260.500.00. (Norman Feder, Administrator, Transportation Services) (This is a Companion Item to be heard after Item 14A) Meeting Date: 9126i2006 9:00:00 AM Prepared By Margaret Kreynus Property Acquisition Specialist Date Transportation Services TECM -ROW 91812006 2:37:34 PM Approved By Eugene Calvert Principal Project Manager Date Transportation Engineering and Transportations Services Construction Management 9111/2006 12:13 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 911112006 3:23 PM Approved By R. Shane Cox, P.E. Senior Project Manager Date Transportation Services Stormwater Management 9/1112006 3:52 PM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Services Transportation Administration 9/1112006 4:05 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/12/2006 2:48 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/12/2006 3:22 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1312006 8:50 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 9114t2006 3:50 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9!15!2006 3:09 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911512006 4:30 PM Commissioners Aug -21 -06 03:10pm From - Collier County Attorney +1T40225 T -518 P.002 Project: 518031 Folio Nos.: 61834040000 and 61834041009 Agenda Item No. 10D F- 8ptember 26, 2006 Page 4 of 14 JOINT PURCHASE AGREEMENT (For Improved Property) 2.tgt- THI JOINT PURCHASE AGREEMENT is made and entered into on this day of I- , 2006, by and between WILLIAM E. FORSYTH and AUDREY F., FORSYTH, husband and wife, whose mailing address is 2572 Lee Street, Naples, FL 34112, (hereinafter referred to as 'Seller "), and COLLIER COUNTY, a political subdivision of the State of Florida, and COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, whose mailing address Is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser'). WHEREAS, Seller owns certain improved properly located at 2572 Lee Street, Naples, Florida; WHEREAS, Purchaser needs to assemble twelve to fifteen acres of land within the Gateway Triangle area in order to construct storm water facilities, thereby alleviating existing drainage concerns; WHEREAS, Seller has agreed to sell and Purchaser has agreed to buy a certain parcel of this improved real property, more particularly described as: See Attached Exhibit "A" which Is incorporated herein by reference. together with all buildings, structures and improvements, and fixtures (hereinafter referred to as "Property°), free from liens, UPON THE TERMS AND CONDITIONS WHICH FOLLOW. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. AGREEMENT A. In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. B. It is understood by the parties that this Agreement is subject to, and contingent upon, the approval of the Board of County Commissioners at a duly- noticed public meeting in September. 2, PURCHASE PRICE The purchase price (the "Purchase Price') for the Property shall be $1,252,500.00 (U.S. Currency) payable at time of closing. None of this Purchase Price is attributed to any personal property listed in the attached inventory. 3. CLOSING AND POSSESSION A. The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR 'CLOSING') of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser but not later than February 15, 2007, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. Purchaser shall be entitled to possession of the Property as of closing. Seller shall deliver the Property In broom -clean condition and free of all occupants and tenants. 4TT40225 T-510' P•003 /010 enda Item No. 10D Aui -21-06 0300m Fron -Col I for County Attornoy ptember 26, 2006 : Page 5 of 14 8: Seiler shall convey a marketable title free of any liens, encumbrances,. exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and In accordance with law. At or before the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments, prepared by Purchaser, and duly executed and acknowledged, in recordable form: 1. Warranty Dead in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than. (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser - Seller closing statement. 3. A "Grantors Non - Foreign, Taxpayer Identification &'Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title Insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commtment. 4. A W -9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seiler and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. 6. Notices of termination of all written leases and tenant estoppel letters. C. At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 1. A negotiable instrument in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in "Requirements and Conditions" below, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to Issue the Owner's title policy to purchaser In accordance with the commitment immediately after the recording of the deed. 2. Funds payable to the Seller representing the Purchase Price shall be subject to adjustments and pro - rations as hereinafter set forth. 0. Purchaser shall pay Seller's Attorney's foes not to exceed $1,500.00 to Timothy W. Ferguson. Esq. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes. Purchaser shall pay all closing costs and expenses associated with this purchase except as set forth herein. E. Real Property takes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller, if Closing occurs at a date which the current year's miBage is not fixed, taxes will be prorated based upon such prior year's mlllage. Aue -2I -016 03:11 pn Fran- Colllar County Attorney +7740225 T -510 P.004 /010 %nda Item No. 10D ptember 26, 2006 Page 6 of 14 4. PROPERTY CONDITION DISCLOSURES A. General. Seiler represents that Seller knows of no facts or conditions materially affecting the value of the Property, except those which are readily observable by Purchaser, or which have not been disclosed to Purchaser by Seller In writing and fumished to Purchaser prior to the effective date of this Agreement. S. INSPECTIONS In ecton Period. Purchaser shall have 60 days from the Effective date (Inspection Period) to have the Property and improvements thereon Inspected at r Purchaser's expense as follows: (a) Syste is a d 54UIP11itfift, by EIJI 21pipTupilaIM7 1' (b) radon gas, by a Florida certified radon measurement technician or specialist, and/or (c) lead - based paint and hazards, by an EPA - certified lead exposure risk assessor (collectively the 'inspection ftema" . Upon reasonable notice, Seller shall provide access and utilities service to the Property to facilitate in inspections. 130V o and Response. If any inspection conducted during the Inspection Period reveals: (1) ekid I=. GLW W01144% (2) the presence of radon gas at a ievel In excess of EPA action levels, r �� and/or (3) the presence of lead -based paint or paint hazards required abatement�G under HUD /EPA protocols (collectively the "Defective Inspection Items "), YYY Purchaser may elect to terminate this Agreement within 15 days after expiration of the Inspection Period. if Purchaser fails to notify Seller of its intent to terminate within the fifteen day notice period, Purchaser shall be deemed to have accepted the Property In the condition It existed on the effective date, except that Purchaser retains the rights set forth in Section 5.G. (Walk Through Inspection) below. C. Walk - Through Inspection. Purchaser (or a designated representative) may conduct a walk- through inspection of the Property prior to Closing and prior to possession, to confirm: (1) that all tenants have been removed and (2) that Seller has maintained the Property as required in Articles 3 and 6. Upon reasonable notice, Seller shall provide access and utilities service to the Property to facilitate the walk - through inspection. H. Seller agrees to assist Purchaser in obtaining the cooperation of all tenants for all inspections provided herein. 6. RISK OF LOSS Seller shall maintain the Property (including without limitation the lawn, shrubbery, and landscaping) in the condition existing on the effective date until the closing or date of possession, whichever is earlier, except for ordinary wear and tear and any Remedial Action agreed to by Seller under Section 5.B, above. Any future loss and/or damage to the Property between the effective date and the Closing or date of possession, whichever is earlier, shall be at Seller's sole risk and expense. Seller shall maintain adequate casualty insurance on all Improvements on the Property until disbursement of funds at Closing. 7. REQUIREMENTS AND CONDITIONS Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within thirty (30) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B -1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. Page No. 3 +TT/0225 i -519 P.005 /oio enda Item No. 10D Aut-21 -06 03.11Pm from - Collier County Attorney Aiptember 26, 2006 Page 7 of 14 S. If Purchaser shall fail to advise the Seller In writing of any such objections in Sellers title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects In order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as It then is, waiving any objection; or Purchaser may terminate the Agreement C. Seller agrees to furnish any existing surveys and written leases concerning the Property to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced In Exhibit "A," unless the difference in acreage revealed by surrey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway. Purchaser shall have sixty (60) days from the effective date of this Agreement to notify Seller In writing of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within sixty (60) days, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as It then Is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. 8. APPRAISAL Seller acknowledges that if the agreed Purchase Price stated in Article 2 exceeds the average of two (2) appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote (4 out of 5 votes) of the Board of County Commissioners, of Collier County Florida, at a duly - noticed public meeting. 9. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at Its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser falls to close the transaction contemplated hereby or otherwise faits to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon Seller's actual reasonable attorney's fees, as evidenced by an itemized ivnotce, shall be paid to Seller as liquidated damages as Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in Article 12, Real Estate Brokers, hereof. The parties acknowledge and Page No. 4 Aus -ZI -06 03 :12pm From- Colllu County Attornor +TT40225 7-519 P.006 /010 Agenda Item No. 10D '- Mptember 26, 2006 Page 8 of 14 agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was . not Intended to be a penalty In nature. C. The parties acknowledge that ft remedies described herein and In the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take Into account the peculiar risks and expenses of each of the parties. 1-0. SELLER'S AND PURCHASER'S REPRE�SENTATiONS AND WARRANTIES Seller and Purchaser represent and warrant the following A. Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the Instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby, At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. C. The warranties set forth in this Article shall be true on the Effective date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. D. Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, If continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. E. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. Seller acknowledges that there are residential tenants currently residing in some of the dwellings on the Property and that Seller has authority to terminate these leases and will do so in order that the Property is vacated prior to Closing. Seller's understands Purchaser's performance hereunder is contingent upon Seller's ability to deliver the Property free of all occupants or tenants. F. Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. Q. Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been. used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable taws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used In connection with the operation of the Property, and there is no proceeding or Inquiry by any authority with respect Page No. 5 +naozza f -8t6 P- oat /6to enda Item No. 10D Au -zt-06 o3:IZpn Frm -Coll Irrr Coantr AttotnY eptember 26, 2006 Page 9 of 14 thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other hazardous substances are or were located on the Property at any time during or prior to Sellers ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. H. Seller has no knowledge that the Property, and/or that Seller's operations concerning the Property, are In violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seiler claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or Installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not compiled. i. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. J. Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder, nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Sailer will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seiler agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. L. At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the 'Closing Representative Statement ") reasserting the foregoing I representations as of the Date of Closing, which provisions shalt survive the Closing. M. Seller represents, warrants and agrees to indemnity, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be In accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and liability Act of 1980, 42 U.S.C. Section 9601, at seq., ( "CERCtA" or'Superfund'), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ( "SARA'), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. Page No. 6 Aug -21 -06 03:12pm Fro"ollIer County Attorney +7740225 T-511 P.000/010 F ends Item 1 0 ptember 266, , 2006 6 Page 10 of 14 N. Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 11. NOTICES Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser. Transportation Engineering & Construction Management Attn: Margaret Kreynus, Right- of-Way Acquisition Section 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239 -774 -5846 Fax 239- 213 -5885 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Harmon Tumor Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone 239 - 774 -8400 Fax 239 - 774 -0225 With a copy to: David Jackson Executive Director Bayshore Gateway Triangle CRA 3301 Tamiami Trail East Naples, Florida 34112 Telephone 239- 643 -1115 Fax 238 - 775 -4456 If to Seller: William E. Forsyth Audrey F. Forsyth 2572 Lee Street Naples, FL 34112 Telephone 239 - 774 -6685 The addressees, addresses and numbers for the purpose of this Section may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addressees, addresses and numbers only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue In effect for all purposes. Notice shall be deemed given in compliance with this Article upon receipt of automated fax confirmation or upon on the fifth day after the receipt of certified or registered mail has been postmarked. 12. REAL ESTATE BROKERS Any and all brokerage commissions or fees shall be the sole responsibility of the Seiler. Seller shall indemnify Purchaser from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at Closing pursuant to the terms of a separate agreement, If any. 13. MISCELLANEOUS A:. This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. Page No. 7 ,ge Aut-21-CS 08:13pn Frog -Call Ior County Attornw +T740226 7-519 P.009/010 Se nda Item No. 10D ptember 26, 2006 Page 11 of 14 B. This Agreement and the terms and provisions hereof shall be effective as of the Effective date and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. C Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. D. Captions and section headings contained in this Agreement are for convenience and reference only, in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. E. All germs and words used in this Agreement, regardless of the number and gender In which used, shall be deemed to Include any other gender or number as the context or the use thereof may require. F; No waiver of any provision of this Agreement shall be effective unless It Is in writing signed by the parry against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. G. If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference Is made shall be extended to the next succeeding business day. R. Seller Is aware of and understands that the "offer" to purchase represented by this -- Agreement is subject to acceptance and approval by the Board of County Gommissloners of Collier County, Florida, and the Board of Collier County Community Redevelopment Agency of Collier County, Florida, I. If the Seller holds the Property In the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held In such capacity is conveyed to Collier County. (If the corporation Is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) J. This Agreement is governed and construed In accordance with the laws of the State of Florida. K. This Agreement will be effective as of the date of execution of this Agreement by the last signing parry. L. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence to this Agreement Page No. 8 Agenda Item No. 10D AurZI-00 03 :13pm From-Collier County Attorney +TT40225 T -510 P -010 /010 F�SLptember 26, 2006 ` Page 12 of 14 IN WITNESS WHEREOF, the parties hereto set forth their hands seals. AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRANK HALAS, Chairman ATTEST: COLLIER COUNTY COMMUNITY DWIGHT E. BROCK, Clerk REDEVELOPMENT AGENCY BY: Deputy Clerk DONNA FIALA, Chairman AS TO SELLL R: DATED: 6 -XI 0 fo WITNESSES: \� 8Y (51g lure) f WA E. FORS ter, iYf1 .—� AS TO ELL DATED: BhU44 4--,N WITNESSES: 4*. AUJFML2 Approved as to form and legal sufficiency., Ellen T. Chadwell Page No. 9 Assistant County Attorney 0 cy') r � c 0- co � � v Q � Z Sp Q�� 000ggq n �j ~ 3 ,£9,ZO.00 N F -gW'7g W V1� -9z .�, ° a Q ❑ FA O EON to Q �zz z a D o0o acr•�� a4 UZ <x (.� `�^ A _ O t p eq [� ww O �Hry��O ••C7 h,�O � Ti v 4 �� 7pWtcHH�+�� cpy pGCiipp wh7 ,� Wp Oa, m. O z pa 4peota O O 0 Q W❑�j� w� �� a � � g�OzE� curie t w -.o. °06M A m s . OOOO.eb aow U O ij�J goo � NAPLES GROVE AAND�TRUCK CO �8 LITTLE FARMS .4 :' ,--. PLAIT BOOR 1, PACE 27A 3 C3 S 0'02'36" E S -W02'36" E + 30.00' 300.24' •r �v t� \GC ^" fpp' S��C W fs7 E 0 r O z L. C LL 00'Bi� 3 "£4,ZOA0 N 3 z M M Y TL co pq till a0 Y Q cu ix r m1 41 N LE C3¢a L:t awa ul 0 "ax ��-z w m in J N Z 2W� FJ< o, in � < -j wZa Z Sp Q�� 000ggq n �j ~ 3 ,£9,ZO.00 N F -gW'7g W V1� -9z .�, ° a Q ❑ FA O EON to Q �zz z a D o0o acr•�� a4 UZ <x (.� `�^ A _ O t p eq [� ww O �Hry��O ••C7 h,�O � Ti v 4 �� 7pWtcHH�+�� cpy pGCiipp wh7 ,� Wp Oa, m. O z pa 4peota O O 0 Q W❑�j� w� �� a � � g�OzE� curie t w -.o. °06M A m s . OOOO.eb aow U O ij�J goo Agenda Item No. 10D September 26, 2006 Page 14 of 14 EXHIBIT B Collier County Stormwater Management Department Project #51803 GATEWAY TRIANGLE STORMWATER MANAGEMENT IMPROVEMENTS Analysis of Proposed Pond Expansion Prepared by HDR Engineering, Inc Abstract: Improvements to the existing stormwater management system within the Gateway Triangle area are required to provide immediate flood relief to this low lying area of Collier County. At present, this area routinely experiences severe flooding during what is considered to be a minor storm event. A currently accepted design alternative proposes a 3.63 acre regional wet detention pond to be constructed on county owned property within the Triangle. This stormwater management design incorporates a dual outfall pump station and will provide complete flood relief to the area during the 2 -year (24 hr) and 5- year (24 hr) design storm events, and greatly reduces the recovery time for larger events. As well, this design will create 1.5 acre -feet of treatment volume available for future improvements. Please see table 1.0 below for more detail on pond staging and recovery. Expanded Pond Design An alternative, expanded pond design is also being considered. This design entails the addition of 1.58 acres (the Forsyth property) to the original pond design, increasing the total pond area to 5.44 acres at top of bank (See accompanying drawing.) The expanded pond design will provide for complete flood relief for the 2 -year (24 hr), 5 -year (24 hr), and 10 -yr (24 hr) design storm events, as well as reducing the recovery time for larger events (see table 1.0). An additional 0.4 acre -feet of available treatment volume will also be created. TABLE 1.0 POND STAGING AND RECOVERY TIME DESIGN STORM EVENT PEAK STAGE (ft) RECOVERY TIME (hrs) CURRENT POND DESIGN (3.63 AC) EXPANDED POND DESIGN (5.44 AC) CURRENT POND DESIGN (3.63 AC) EXPANDED POND DESIGN (5.44 AC) 2YR -24HR 4.94 3.96 0.0 (hrs) 0.0(hrs) 5YR -24HR 5.06 4.47 1.2 (hrs) 0.0(hrs) IOYR -24HR 5.27 4.86 2.53(hrs) 0.0(hrs) 25YR -24HR 5.62 5.20 3.43(hrs) 1.69(hrs) SOYR -24HR 6.03 5.58 4.12(hrs) 2.98(hrs) Agenda Item No. 10E September 26, 2006 Page 1 of 69 EXECUTIVE SUMMARY Recommendation to adopt a superseding resolution authorizing the fee simple and easement acquisition of property by condemnation for the purpose of constructing stormwater improvements to alleviate flooding in the East Naples area known as Phase One of the Lely Area Stormwater Improvement Project (LASIP). Fiscal Impact $1,838,000 (Project 511012) OBJECTIVE: To approve a superseding resolution authorizing the condemnation of fee simple or easement interests as are necessary for the construction of drainage and retention improvements within the area referred to as Phase I of the Lely Area Stormwater Improvement Project (LASIP). CONSIDERATIONS: On May 9th, 2006, the Board of County Commissioners of Collier County, Florida, adopted Resolution No. 2006 -123, finding public purpose and necessity and authorizing the condemnation of fee simple title interests and /or those perpetual or temporary easement interests required for the construction of the LASIP. It was recently discovered that the original sketches and accompanying legal descriptions attached to Resolution No. 2006 -123 contained errors in folio number references, directional bearings and parcel numbering and titles. This superseding condemnation resolution is done to ' correct the errors and avoid any confusion as to the parcel identification. These errors may be corrected through the adoption of a superseding condemnation resolution without affect to the weight or relevance of the Board's prior decisions. The validity of the facts, findings and conclusions presented in the attached project memorandum dated April 11, 2006, from Daniel W. Brundage, P.E., a principal with the firm of Agnoli, Barber and Brundage, Inc., the consultant engineering firm designing and permitting the LASIP project, as well as those presented in the memorandum from Transportation Administrator, Norman Feder, to County Manager, Tames Mudd, remains unchanged. LASIP encompasses an area of approximately seventeen (17) square miles located in East Naples. The land throughout East Naples which is included within the limits of LASIP is an area that is almost fully developed and includes a mix of residential, commercial and light industrial use properties. During a Board meeting on February 4, 1992, Resolution 92 -518 was approved to accept a progress report outlining the proposed capital improvements to be made in the Lely Canal and Lely Manor Basins (now inclusive within LASIP). In 2003 the Board approved Resolution 2003 -238, accepting the land and easements donated to Collier County specifically within the LASIP area. Again in 2004, Resolution 2004 -205 was more comprehensively drafted and approved to accept all donations and parcels acquired by willing sellers for the sole purpose of constructing drainage improvement and retention ponds. The Board of County Commissioners has clearly stated their concern over the extreme flooding issues during the rainy season in the East Naples area. Through the Board's support over the past years, as funding became available, county staff acquired 18 easements and /or parcels Agenda Item No. 10E September 26, 2006 Page 2 of 69 within Phases I, I11, and IV, by either purchase, gift or donation. Staff continues to work diligently to acquire the additional areas required within all sections of Phase 1. Over the years, staff has negotiated with property owners in Phase I to purchase easements and/or parcels necessary for the project. It now appears that some easements and /or parcels may need to be acquired under threat of condemnation. The Board was advised that the funds in the Fiscal Year 2004 and Fiscal Year 2005 budget were for land acquisition, completion of permitting efforts and engineering support. Funds are currently available to purchase and /or condemn these parcels and to begin construction of specific sections of Phase 1. This stormwater project has been in the design and permitting phase for 16 years. During this period, a significant amount of time and effort was spent on analyzing dozens of considerations resulting in LASIP's final alignment. This alignment is based on the natural overland flow of stormwater working in concert with existing wetlands as well as existing ditches and canals constructed many years ago. The majority of this final alignment is in the same location as the existing ditches and canals. LASIP will deepen and widen these existing facilities providing the ability to convey stormwater in the rainy season and to retain stormwater in the dry season. The natural direction of sheet flow in the LASIP area is in a generally southwest direction toward the coastal zone and the headwaters of Sandhill and Rookery Bays. Nearly all of the existing conveyance ditches and public canals previously constructed within the LASIP area since the 1950's have been "designed" to convey water to the south and to the west. Sixteen years of analysis has revealed that the most viable approach to construct stormwater improvements within ^ the area is to follow these existing conveyance alignments. Since the entire LASIP area is virtually at "build- out," any alternative alignment would have serious negative and costly real estate impacts. The only practical method for increasing stormwater discharge and alleviating flooding was to widen the existing ditches and canals. The choice of real property interest and easement width is driven by cost considerations. The parcels described in Exhibit "A" represent the least costly impacts to affected real estate, without impacting the actual cost of the project's construction. State and Federal permits necessary to begin construction have been issued and a construction phasing plan has been established (see Exhibit "A "). This plan shows six (6) overall construction phases for a total estimated cost of $61.4 million dollars. Phase I construction will begin in 2006 and continue into 2007. Phase I is currently planned as an aggressive effort with construction of various sections of the system located throughout the project area. The Phase 1 sections are: 1. The deepening and widening of a portion of approximately 5,200 feet of the existing Lely Branch Canal from Rattlesnake Hammock Road north to the southeast corner of the Kings Lake Community. Improvements to this section of canal may be completed in two stages contingent on budget constraints and working during the dry season. 2. Restoration of 109 acres of property purchased adjacent to Collier Boulevard, located immediately north of the Naples Lakes Development, as required mitigation by the South Florida Water Management District and the Army Corps of Engineers following the project's 16 -year long environmental permitting process. 3. Construction of LASIP components associated with the four laning of County Barn Road. This includes approximately 6,600 feet of box culvert and 4,300 feet of open ditch. Agenda Item No. 10E September 26, 2006 Page 3 of 69 4. Construction of LASIP components associated with the Rattlesnake Hammock Road Improvement Project. This includes approximately 3,500 feet of box culvert. LASIP sections planned to commence construction in 2007 and 2008 requiring easements which are the subject of this condemnation resolution are: 1. The deepening and widening of approximately 1,900 feet of the Lely Main Canal from the north side of US 41 to the south side of Rattlesnake Hammock Road. 2. Construction of the Treviso Bay (FKA Wentworth Estates) Lely Manor East Outfall Canal, approximately 7,100 feet in length. This includes a seven (7) acre spreader lake located at the downstream (southern) end of the project and a stormwater pumping station located at approximately the canal's midpoint. The pumping station will lift surface water out of the canal and direct it into a wetland located on Treviso Bay property with an ultimate discharge into Rookery Bay National Estuarine Research Reserve. Construction of LASIP components associated with the Santa Barbara Boulevard Extension Project from Davis Boulevard south to Rattlesnake Hammock Road is also currently planned to commence in 2007 and 2008. This includes excavation of a new canal adjacent to the northeast corner of the Royal Wood Development, swale reconstruction along the north side of Country Road, Whitaker Road and a portion of Cope Lane, construction of approximately 1,900 feet of box culvert along the northwest side of the Royal Wood Development, and construction of several water control structures. Easements necessary for construction of these components will be addressed as part of the Santa Barbara Boulevard Extension Project. A total of 36 easements and /or entire parcels remain to be acquired in order to construct these two LASIP elements described above (see Exhibits "B ", "13-1" and "B -2 "). Ten (10) easements or parcels necessary have been acquired to date. Also, a significant number of drainage easements (five of the 36 remaining parcels) are being donated to Collier County by VK Development Corporation in coordination with review and approval of the Treviso Bay Development. The subject of this Condemnation Resolution is the remaining 31 easements /parcels yet to be acquired. The exhibits identify the location of all the subject parcels required. The ten (10) parcels already acquired are distinguished by additional shading. No additional parcels or easements are required to begin construction on the Lely Branch Canal located north of Rattlesnake Hammock Road. Work is planned to begin here immediately following the 2006 rainy season. All parcels proposed to be acquired will be utilized for construction of canals, lakes, and/or access and maintenance travel -ways. No homes or buildings will be taken by acquiring any of these parcels. All of the subject parcels located in the Naples Gateway Estates area adjacent to the south half of the Treviso Bay East Outfall Canal are vacant, unimproved parcels. Negotiations have continued with the owners of all remaining subject parcels. At least two (2) parcels are expected to be donated. At this time, it is estimated that only six to ten (6 -10) of the remaining parcels will require condemnation due to either unwilling sellers or clouds on titles, which would best be acquired by condemnation. Although the resolution addresses all the Agenda Item No. 10E September 26, 2006 Page 4 of 69 required parcels, condemnation proceedings can move forward in stages if necessary. Sketches and descriptions of all subject parcels together comprise Exhibit "A" to the Condemnation Resolution. A project memorandum dated April 11, 2006, from Daniel W. Brundage, P.E., a principal with the firm of Agnoli, Barber and Brundage, Inc., the consultant engineering firm designing and permitting the LASIP project, has been attached to this executive summary as Exhibit "C." In addition, a memorandum from Transportation Administrator, Norman Feder, to County Manager, James Mudd, is attached as Exhibit "D" to this executive summary. Together these memoranda outline the history of the stormwater problems in the Lely Area Stormwater Improvement Project area, the efforts needed to solve the problems, and the alternate methods considered. FISCAL IMPACT: Should condemnation of all of the parcels described in the Condemnation Resolution become necessary, the total cost could approach $1,838,000. This would include not only the value of the land, but the attorney and expert witness fees for which the county is responsible under Sections 73.091 and 73.092, F.S. Funds in the amount of $1,378,000 are currently available in Funds 301 and 325 under the Lely Area Stormwater Improvement Project, Project No. 511012. The balance of funds necessary will be programmed into the project as the multi -year condemnation acquisition effort proceeds. Source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1) Adopt the attached Resolution authorizing the condemnation of the parcels described in Exhibit "A" thereto and authorize the Chairman to execute same on behalf of the Board; 2) Direct staff to complete all tasks required to acquire the necessary parcels; and 3) Approve any budget amendments necessary to implement the collective will of the Board. Prepared By: Gerald N. Kurtz, P.E., Principal Project Manager, Stormwater Management Department, Transportation Services Division Attachments: (1) Exhibit "A" — ( LASIP Construction Phasing Plan); (2) Exhibit `B ", "B -1 ", and "B -2" (Project Location Map and Acquisition Maps); (3) Exhibit "C" (Memorandum dated April 11, 2006 from Daniel W. Brundage to Jerry Kurtz) (4) Exhibit "D" Memorandum dated April 3, 2006 from Norman Feder to James Mudd (with Attachments), (5) Condemnation Resolution (with composite Exhibit "A ") 1,--,. Agenda Item No. 10E September 26. 2006 Page 5 of 69 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10E Recommendation to adopt a superseding resolution authorizing the fee simple and easement Item Summary: acquisition of property by condemnation for the purpose of constructing stormwater East Naples area known as Phase One of the Lely improvements to alleviate flooding in the Area Stormwater improvement Project (LASIP). Fiscal Impact $1.638.000 (Project 511012). (Gene Calvert, Director, Transportation /Stormwater Management) Meeting Date: 912612006 9:00:00 AM Prepared By Lorraine Lantz Right Of Way Coordinator _ Date Transportation Services TECM -ROW 9111 f2006 9:19:37 AM Approved By Gerald Kurtz Senior Engineer Date Transportation Services Stormwater Management 9/11/2006 11:15 AM Approved By Eugene Calvert Principal Project Manager Date Transportation Engineering and 9111/2006 12-06 PM Transportations Services Construction Management Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 911112006 3:29 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 9111/2006 4:04 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 9111!2006 5:57 PM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9112/2006 2:46 PM Approved By Nalch Ahmad Director Date Transportation Engineering 8 911312006 9:30 AM Transportation Services Construction Management Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 9/13/2006 11:20 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9113/2006 12:50 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 9/14/2006 8:33 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Managers Office Office of Management & Budget 9/14/2006 10:45 AM Approved By Michael Smykowskl Management & Budget Director Date County Managers Office Office of Management & Budget 911412006 3:42 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/14/2006 7:16 PM Commissioners Agenda Item No. JE September 26, 2 6 Page 6 o 9 RESOLUTION NO. 2006- A RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SIMPLE INTERESTS AND PERPETUAL, NON - EXCLUSIVE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE PURPOSE OF CONSTRUCTING STORMWATER IMPROVEMENTS KNOWN AS PHASE ONE OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT LOCATED IN EAST NAPLES WHEREAS, the Board of County Commissioners desires to improve the treatment and control of stormwater in the East Naples Area in order to alleviate flooding; and WHEREAS, the Lely Area Stormwater Improvement Project consists of improvements to an existing drainage system for an 11,100 acre plus or minus area located in East Naples; and WHEREAS, the drainage improvements as part of the Lely Area Stormwater Improvement Project include the widening and deepening of existing canals and ditches, constructing new canals, constructing new surface water control structures (weirs), improving existing surface water control structures, constructing spreader lakes and berms, and constructing a pump station; and WHEREAS, the Lely Area Stormwater Improvement Project (CIE Project No. 291) is in accordance with both the Capital Improvement Element and Drainage Sub - element of the Growth Management Plan; and WHEREAS, the real estate interests necessary for construction of the proposed improvements are collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn the Property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that it is necessary and in the public's best interest to acquire the property described in Exhibit "A" (the "Property ") for the purpose of constructing the improvements proposed as part of the Lely Area Stormwater Improvement Project located in East Naples, and for providing access to the improvements, in order to protect the health, safety and welfare of the citizens of Collier County. Agenda Item No. September 26, Page 7 AND IT IS FURTHER RESOLVED that acquisition of the Property and construction upon the Property is part of the County's long range planning effort to alleviate flooding in the East Naples area. AND IT IS FURTHER RESOLVED that the Board has reviewed the staff reports concerning alternative locations for the project, various impacts to the environment, public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that the real estate interests described in Exhibit "A" attached hereto and incorporated herein are necessary for the construction of the Lely Area Stormwater Improvement Project. AND IT IS FURTHER RESOLVED that all of the Property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation, in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above - referenced real property interests more particularly described in Exhibit "A ", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the Property and therefore it will not be necessary to remove any mobile homes from the Property to be acquired. This Resolution, adopted on this day of , 2006, after motion, second and majority vote supersedes and replaces Resolution No. 2006 -123. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal efficiency. H idi F. Ashton Assistant County Attorney Page 2 of 2 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRANK HALAS, Chairman A enda Item N PROJECT NO. 511012 SePtE tuber 26 PEE SIMPLE PROJECT PARCEL NO. 101 Page f A INTEREST FOLIO NO. 00442080002 HIBlT,,,,�,. LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) Lot 29, Block B, a tract of land located in the Northwest Quarter (NW 1/ ) of Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commencing at the West Quarter (1/4) Corner of Section 32, run N 02 048'30" E a distance of 150.91 feet along the West line of the NW 1/ of Section 32; thence run N 59 °57'30" E a distance of 356.78 feet to the Point of Beginning of the parcel of land hereinafter described: Thence run N 02 048'30" E a distance of 176.36 feet; thence run S 89 °38'10" E a distance of 292.74 feet; thence run S 59 057'30" W a distance of 348.14 feet to the Point of Beginning, containing 23,790 Sq, Feet, more or less. AND Lot 43, Block B, a tract of land located in the Northwest Quarter (NW 1/a ) of Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commencing at the West Quarter (1/4) Corner of Section 32, run N 02 048'30" E a distance of 150.91 feet along the West line of the NW 1/ of Section 32 to the Point of Beginning of the parcel of land hereinafter described: Thence continue N 02 048'30" E along the West line of Section 32 a distance of 207.09 feet; thence run S 89 13810" E a distance of 300.00 feet; thence run S 02 048'30" W a distance of 26. 36 feet; thence run S 59 057'30" W a distance of 356.78 feet to the Point of Beginning. containing 34,986 Sq. Fee more or less. N SKETCH NOT TO SCALE Curlier County Transportation Engineering and Construction Management Department 1 212 0105 3:06 PM 10E .• • nyci r PROJECT NO. 511012 e FEE SIMPLE Page a 0f �� PROJECT PARCEL NO. 105 FOLIO N0, 00445200009 WTEREST LEGAL DESCRIPTION & SKETCH (NOTA SURVEY) THAT CERTAIN PARCEL OF LAND located in the Northwest Quarter (NW 1/4) of Section 32, Township 50 South, Range 26 l=ast, Collier County, Florida, more particularly described as follows: The South 150 feet of the North 2,100 feet of the West 300 feet of said Section 32. containing 45,000 Sq. Feet. more or less. SKETCH NOT TO SCALE 150 FEET N a Item N 10E l'Y;26 2006 ge f 69 Collier County Transportation Engineering and Construction Management Department 12120105 3.32 PM EXHIBIT f PROJECT NO, 511012 PROJECT PARCEL NO. 801 Page Of-221- FOLIO NO. 60780040003 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PERPETUAL, NON - EXCLUSIVE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS: Agenda Item Ncl 10E September 26, 006 ----- -j'age 10 f 69 THE WEST 30 FEET OF LOT 1, BLOCK "A," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Contalning 16,515 Sq. Feet more or less. PEWMAL, NON - EXCLUSIVE DRAINAGE EASEMENT SKETCH NOT TO SCALE Collier County Transportation Engineering and Construction Management Department 04/06/06 4:09 PM Agenda Item N 10E September 26 006 age 11 f69 PROJECT NO. 511012 EXHIBIT � � PROJECT PARCEL NO. 802 oul- LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PERPETUAL, NON - EXCLUSIVE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS: THE WEST 30 FEET OF LOT 1, BLOCK "B," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Containing 16,515 Sq. Fee j more or less. PERPETUAL, NON- EXCLUSNE DRAINAGE EASEMENT SKETCH NOT TO SCALE Collier County Transportation Engineering and Construction Management Department 040106 4:09 PM 51 Agenda Item � September 2+ PROJECT NO. 511012 age 1 EXHIBIT PROJECT PARCEL NO. 803 PeBe. � of FOLIO NO. 60782320006 d LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PERPETUAL, NON - EXCLUSIVE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS: THE WEST 30 FEET OF LOT 1, BLOCK "C," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Containing 13,980 Sq. Peet more or less. PERPETUAL, NON - EXCLUSIVE DRAINAGE EASEMENT SKETCH NOT TO SCALE Coker County Transportation Engineering and ConstruMon Management Department 04/08/08 4:10 PM M w Agenda Item N4 10E September 26, 006 — — .1 aae 131V 69 PROJECT NO. 511012 PROJECT PARCEL NO. 804 EXHIBIT A FOLIO NO. 60784520008 Pege�_ of_� LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PERPETUAL, NON - EXCLUSIVE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS: THE WEST 30 FEET OF LOT 31, BLOCK "E," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Containing 6,155 Sq. Feet�ninre or less. PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT SKETCH NOT TO SCALE Collier County Transpodation Engineering and Construction Management Depadment 04108/06 4:10 PM N aqpncip em . 10E PUBLIC WORKS ENGINEERING DEPARTMENT Septem er 2 2006 P age 1 of 69 3301 BAST TANfIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION P.O.B. NW COR. SEC. 32, NOT A SURVEY PROJECT 5' 1017- TWP. 50S, RGE PARCEL _ FOLIO c-0 ft 3 2 �j 000S ro co a N co P.O.B. S 69 °36'10" E 300.00' 1 N 89'38'10"W 300.00' w 0 o PARCEL, 8C o °� TAX PARCEL 52 o r N N z 60'I •-_ LEGAL DESCRIPTION EXHIBIT A ftge- 7-.- OUL THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 60 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02 °48'30" W ALONG THE WEST LINE OF SAID SECTION 32 450.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02 °48'30" W 150.00 FEET; THENCE S 89 "36'10" E 300.00 FEET; THENCE N 02 °48'30" E 150.00 FEET; THENCE N B9 °38'10" W 300.00' TO THE POINT OF BEGINNING. Containing 9,000 Sq. Feet, more or less. GENERAL.NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC.: SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE PREP ED BY: GEORGE R.` RICH_ M OND, P.1..S. 2406 COLLIER COUNTY PUBLIC -WORKS 3301 E. TAM.IAMI;TRgIt NAPLES, FLOF�IDA 34t12". DATE rlLF NO.:. JUNE 8, 2000 GWY817 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT septem P 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION sI►osz. NOT A SURVEY PROJECT P.O.B. NW COR. SEC. 32, TWA. 50S, RGE. 26E, S 89 °3$'10" E 300.00' � Q dg a P.O.B. N 89 138'10" W 300.00' M LLS o PARCEL 809 U) M TAX PARCEL 58 60' I-. -- N iZ i �� OPANAGE ENT LEGAL DESCRIPTION PARCEL. �' FOLIO av443Sz od _ EXHIBIT THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 5D SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02 °48'30" W ALONG THE WEST LINE OF SAID SECTION 32 600.00 FEET TO THE POINT OF BEGINNING -, THENCE CONTINUE S 02048'30"W 300.00 FEET; THENCE S 89 °3810" E 300.00 FEET; THENCE N 02 °48'30" E 300.00 FEET; THENCE N 89 °38'10" W 300.00' TO THE POINT OF BEGINNING. ' Containing 18,0b0 Sq. Feet more or less. GENERAL NOTES i) P.O.C. - POINT OF COMMENCEMENT 2) P.O.B. - POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. TOWNSHIP 5) RGE. RANGE 6) RIW = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PREPARED BX.I °" OR A. RIC i- P;L.S. 2406' COLLIER COUIiMONC NTY. t?UBLIC WORKS 3301- EsTAMIAM{ IL. ' NAPLES, F49, I0A 34112, "' �m . 10E er 2EN 2006 ge 1 of 69 LE WRE .,. .. NOT TO SCALE JUNE 8, 2000 GWY$18 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT Se 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION NOT A SURVEY P.O.B. NW COR. SEC. 32, PROJECT TWP. 50S, RGE. 26E a 1 O PARCEL _. .- ---- -- — FOL10�' Oool 9 °38'10" E 300.00' S 8 ' o 0 0 00 7 N w P.O.B. 4 °o PARCEL 810 m TAX PARCEL 61 ;T !�2 I N a) 1 M PERPETUAL, NON- EXCLUSIVE DRAINAGE EASEMENT LEGAL DESCRIPTION Rw- N z EXHIBJT Page d of THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02 °48'30" W ALONG THE WEST LINE OF SAID SECTION 32 300.00 FEET TO THE POINT OF BEGINNING 'THENCE CONTINUE S 02 °48'30" W 150.00 FEET; THENCE S 69 °38'10" E 300.00 FEET; THENCE N 02 °48'30" E 150.00 FEET; THENCE N 89'38'10"W 300.00' TO THE POINT OF BEGINNING. Containing 9,000 Sq. Feet, more or less. GENERAL NOTES 1) P.O.C. - POINT OF COMMENCEMENT 2) P.O,B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. - TOWNSHIP 5) RGE. = RANGE 6) R!W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF B) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PREPARED. By;,. ORGE.`R: RICHMgNCY, ' :S. 2406 COLL ''IERr,Y>PUBLI,GiWORK8 330.1 E. TAMIAN!I Cf;7UNT TRAIL NAPLES, FLgRID`A_34112± DATE FILE NO.; , o':,, NOTTO SCALE JUNE 8, 2000 GVVY816 SHEET 1 OF 1 10E 1 lof 69 mN .10E PUBLIC WORKS ENGINEERING DEPARTMENT Septem er 2 2006 P gel Of 69 3301 EAST TAN2ANn TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION NOT A SURVEY P.Q.B. NW COR. SEC. 32, TWP. 50S, RGE. 26E S 89 °38'10" E 300.00' 0 0 C; 10 p tp lV N P.O.B. 1 m v °o, ui PARCEL 81 t o o g TAX PARCEL 62 60' �-•- z PROJECT 5t1D1�' PARCEL -- FOLIO nR ±44r-R0003 E:1°X�HIB�IT A Pap-J2— X_12. OU:I LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02 °48'30" W ALONG THE WEST LINE OF SAID SECTION 32 1650.00 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUE S 02'48'30"W 300.00 FEET: THENCE S 89 °38110" E 300.00 FEET; THENCE N 02 °48'30" E 300.00 FEET; THENCE N 89 °38'10" W 300.00' TO THE POINT OF BEGINNING. Containing 16,000 Sq. Feet, more or less. GENERALNOTES 1) P.O.C. z POINT OF COMMENCEMENT 2) P.O.B. - POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R(W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE \RED BY- :g R >RiCHMO ID,R-1 S: 2406 EkCOUNT;( P,UoUt'WORKS TAMIAMI;TRA'IL E5; F,LORIDA.$4112 JUNE 8, 2000 GWY824 SHEET 1 OF 1 � 4 em hm. 10E PUBLIC WORKS ENGINEERING DEPARTMENT September 2 2006 ge 1 of 69 3301 EAST TAMMMI TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION NOT A SURVEY P.O.B. NW COR. SEC. 32, PROJECT - X11012' TWP. 50S, RGE.26E PARCEL B' -Z FOLIO 0x443- 1Zo00Z S 89 °38'10" E 300.00' co EXHIBIT A P"—�/-- ofi,.,� P.O.B. N 89 °38'10" W 300.00' c w PARCEL 812. o g C, TAX PARCEL 63 o PERPETUAL, NON - EXCLUSIVE MUNAGE EASEMENT LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02 °48'30" W ALONG THE WEST LINE OF SAID SECTION 32 150.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUES 02'48'30"W 150.00 FEET; THENCE S 89 °38'10" E 300.00 FEET; THENCE N 02 "48'30" E 150.00 FEET; THENCE N 89 °38'10" W 300.00' TO THE POINT OF BEGINNING, containing 9,000 Sq. Feet, more or less. . GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. - POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR .,. ,...... ..� r SCALE NOT TO SCALE PREPARED77 BYY��- .S.',2406 SNO.RKS G DATE •(. FILENO ✓�'.;:.�..,` JUNE 8, 2000 15 SHEET 1 of 1 PUBLIC WORKS ENGINEERING DEPARTMENT Se 3301 EAST TAMIAMM TRAIL NAPLES, FLORIDA 34112 (941) 774 -8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT P.O.B. NW COR. SEC. 32, PARCEL TWP.50S, RGE.26 j FOLIO pp¢¢53zdooZ S B9 °3B'10" E 300.00' 0 m � co v N P.O.S. w PARCEL M TAX PARCEL 103 °0 v N C { U) 60'1, EXH I B IT_,,,�„_ Pap—L-L ofd. em P ner 21.2'000'(3 qe of 69 LEGAL DESCRIPTION THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02 °48130" W ALONG THE WEST LINE OF SAID SECTION 32 900.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 02 °48'30" W 150.00 FEET; THENCE S 89 038'10" E 300.00 FEET; THENCE. N 02 °48'30" E 150,00 Fire ToH=ENCE N 89 "38'10" W 300.00' TO THE POINT OF BEGINNING, Containing 9.000 Sq- GENERALNOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING PR 3) SEC. = SECTION 4) TWP. =TOWNSHIP 5) RGE. = RANGE 49, 6) R/W = RIGHT OF WAY C( 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 31 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE N� EMBOSSED SEAL OF A PROFESSIONAL [AND SURVEYOR -URAW 'KED BY SCALE DATE ` NOT TO SCALE JUNE B. 2000 1QI�Fj „P 1„S�'224�0,L6 ppp/�4�]IB1T1*y�/QRKS 419 1 SHEET 1 OF 1 HIB +.r /} PROJECT NO. 511012 / PROJECT PARCEL NO. 316 P"--L OUl FOLIO NO. 60783320005 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) A PERPETUAL, NON - EXCLUSIVE, DRAINAGE EASEMENT, MORE PARTICULARLY DESCRIBED AS FOLLWS: THE WEST 30 FEET OF THE SOUTH 158 FEET OF LOT 1, BLOCK "E," MYRTLE COVE ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Containing 4,740 Sq. Feet.more or less. PERPETUAL, NON - EXCLUSIVE DRAINAGE EASEMENT SKETCH NOT TO SCALE Collier County Transportation Engineering and Construction Management Department 04/06106 4:12 PM N Agenda Item N September 26 --Wage 2( 10E 006 f69 CO w O � N N N ca Odd cu E N N � Qcn N 0 Z M LIJ [b,ilY1H's'n lit w �n xxx Q N N g g Q Z o4 a tm Red b H U Deed Z W W J < F b W� 00, LO �y Q O LA Ljz ] fug Jim O� z Z F=-<u a Z &Z Z L)w � � / U LLJaJ` OM0 Lou::: Room aN a a / o 1 v a ■■ iii I ■rrrrrrrr L �;Y�� ■rrrrrrrr.. ■rrrrr, Ile Or / a O / \ a Vb� ON 779ftd 1191 HX3 oo� N O O Z N N O co (c a G Q O � m� Q )710"7'-8-d j� 1181HX3 w QU O� w U Upp q2� U U a cy C Q LT, �u W�U rij C �Cvwip�q �,QOw W Cp) Q x IT4 lo w U �o a� qh � C a wOpo W ISI 03 OZE'°0. �o zpzw �uUdQ U°�W w 00 00; o r W Cy- 0 Z t, ° -4u, '4 aN � W{xQ�ZOawo�wwoa,o�+ e��0�3Zxa�Qv O C) aD WOC�z:�gz��y�j ZwC)U �aUQn, F. a,�C7 pOUjC o `'W�'tFt�I -�N zz00 trt��Uj�W�W wow ao Wo ohyoa�. 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F Hg U En I N o; o cn n � N u N h W 4 ¢ a .1. j V) Ci �Q va 0. H "v J a� Ok z Qa �w q a °z Vj 4: Ic �906d 1ISIHX3 w y AAA OI r w C7 w o3 p Zap a, y 0 Z w o o° p p� a ~ U Iq a°.LC i- W U Z a x 3 ow b �d Q QN i Z O NO do0 N Lo O U Z o0 z �z d u ^ u; q J son O LLI Y�O r■■■r■■r■ lei m L" �c� ■r■■r■rr■ 0 h W 4 ¢ a .1. j V) Ci �Q va 0. H "v J a� Ok z Qa �w q a °z Vj 4: Ic �906d 1ISIHX3 �. EXHIBI �!'�„, Xgenda Item . 10E � �/� September 2 2006 Paw ", _ Of _a Page 3 of 69 PROJECT: NO. - -- 7899 PROJECT PARCEL N0: 728 TAX PARCEL NO. _ — SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) od 13.15 13,18 SECTION 19, TWP. 50 S., RGE. 26 E. TRACT L 12 LELY GOLF ESTATES TRACT MAP (P.B. 8, PG. 20) CONSTRUCTION IL ARED BY: SHEET 1 OF 2 . 01 /11 /06 6Y: GNULi GUY P. ADAMS, P.S.M. N0. 10' T.C.E. BER & SCALE: 1" ■ 0g 27 06 ■ / / DRAWN BY* JAN DATE'._l l Y �§�� ional engineers, plaaaen, do ]and surveyor► eat� a ao ,ay, q,pp, tr.0 f1a PARCEL 728 CHECKED BY: GPA PROJECT NO.: y, emu tot, ute aman eu..t, 1M Lrm, a weer (et! eer -aril FILE N0: 8289 ACAD N0esat� at AU ".u.s Nn.. U see{ Yd Me *W 7aYf (efl —ease ........... VgLLEY S r ' °4.os OR _ REq (PRI VA TE ROAD) M ' ' NORTHEASTERLY RIGHT -OF -WAY TRACT ........... "" LELY GOLF ESTATES LINE OF U.S. 41 TRACT MAP (P,B. 8, PG. 20) a 13 0 13,7 cl �? (O.R. 2485, PG. 627) a PARCEL 728 PROPOSED 10' T.C.E. SOUTHEASTERLY 10' 34187 — ►¢— DRAINAGE EASEMENT SECTION 19, TWP. 50 S., RGE. 26 E. TRACT L 12 LELY GOLF ESTATES TRACT MAP (P.B. 8, PG. 20) CONSTRUCTION IL ARED BY: SHEET 1 OF 2 . 01 /11 /06 6Y: GNULi GUY P. ADAMS, P.S.M. N0. 10' T.C.E. BER & SCALE: 1" ■ 0g 27 06 ■ / / DRAWN BY* JAN DATE'._l l Y �§�� ional engineers, plaaaen, do ]and surveyor► eat� a ao ,ay, q,pp, tr.0 f1a PARCEL 728 CHECKED BY: GPA PROJECT NO.: y, emu tot, ute aman eu..t, 1M Lrm, a weer (et! eer -aril FILE N0: 8289 ACAD N0esat� at AU ".u.s Nn.. U see{ Yd Me *W 7aYf (efl —ease EXHIBIT_ Page.�?L.Of -27 PROJECT: NO. 7599 PROJECT PARCEL NO: 728 TAX PARCEL NO. 13 Agendaltem NI10E September 26 006 Page 3 f 69 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 . EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 728 THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND (O.R. BOOK 2485, PAGE 627); THAT PORTION OF TRACT M OF LELY GOLF ESTATES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT M, LELY GOLF ESTATES, AND RUN SOUTH 89'32'18" WEST ALONG THE NORTH LINE OF SAID TRACT M, FOR A DISTANCE OF 457.44 FEET, THENCE SOUTH 2833'33" WEST 527.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVED TO THE NORTHWEST, THENCE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 970.00 FEET, A CENTRAL ANGLE OF 19 27'56 ", A CHORD BEARING SOUTH 35'17'37" WEST A CHORD DISTANCE OF 327.96 FEET, A DISTANCE OF 329.54 FEET; THENCE SOUTH 48'01'29" WEST 400.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE SOUTH 41'58'31" EAST 300.00 FEET; THENCE SOUTH 48'01'29" WEST 341.80 FEET TO A POINT LYING ON THE NORTHEASTERLY RIGHT —OF —WAY LINE OF U.S. #41; THENCE ALONG THE NORTHEASTERLY RIGHT —OF —WAY LINE OF U.S. #41 NORTH 39'06'20" WEST 361.75 FEET, THENCE LEAVING THE SAID NORTHEASTERLY RIGHT —OF —WAY LINE RUN 166.'83 FEET ALONG THE ARC OF A CURVE CONCAVED TO THE SOUTHEAST HAVING A RADIUS OF 558.01 FEET AND SUBTENDED BY A CHORD HAVING A BEARING OF NORTH 59 27'36" EAST AND A CHORD LENGTH OF 166.20 FEET TO THE POINT OF REVERSE CURVE; THENCE RUN 164.06 FEET ALONG THE ARC OF A CURVE CONCAVED TO THE NORTHWEST HAVING A RADIUS OF 470.00 FEET AND SUBTENDED BY A CHORD HAVING A BEARING OF NORTH 58'01'29" EAST AND A CHORD LENGTH OF 163.23 FEET TO THE POINT OF BEGINNING. Containing 3,418 Sq. Feet more or less. TEMPORARY CONSTRUCTION EASEMENT BEARINGS ARE BASED ON THE LELY GOLF ESTATES TRAC AP PREPARED BY: PLAT soon s, PAGE 20, COLLIER COUNTY, FLORIDA SHEET 2 OF 2 Rf, VISION' moos rrr■ NO ' r ■r ■r 01/11/06 BY: rr■rr ,:',■ & 10' T.C.E. GUY P. A S, P.S.M. N0. 4380 rrrur 03/27/06 SCALE:_ ' ■■ie-d UNDAGRaD DRAWN BY: DATE: LY 16. QO C.vj. sloaal e:. we.ern, planners, k land surve7on __�7. c.m.e a.®en aa4 ■ao, ruD rw..t rr a, >wMw ■ww n u,a 11■se paan_�,,, PARCEL 728 CHECKED BY: PROJECT NO.: 75, 99-1, i.. c.uro.D. m a'D�■tLaf..gm r'..,"ia r,w .d to xa n OWL (■up�'e■w FILE N0: 8289 ACAD NO: 828 796 EXHIBIT--8,' Agenda Item N 10E Pm,-,2L Of-21 September 26 2006 Page 3 of 69 PROJECT: NO. 7599 PROJECT PARCEL N0: 598 TAX PARCEL N0. 8 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF ACCESS EASEMENT I N01 A SURVEY) 0 LINE TABLE N0 LINE LENGTH BEARING L1 50.27 S 38'59'10" E �fN L2 61.20 S 48'08'38" W GP�r 5 13.15 13.18 166.83 Vq��EY RIGHT—OF—WAY _ 164. os S7R�gM (PRIVATE U.S. 41 OR LINE OF TRACT if ' • .............. .....ROAD)....... LELY GOLF ESTATES TRACT MAP cn N (P.B. 8, PG. 20) � 13 0 13.7 f L:: c, (O.R. 2485, PG. 62 7) PARCEL 828 Ln PROPOSED ACCESS ' EASEMENT AREA =2,142 SQ. FT. f Lz; 3 341.80" POINT OF BEGINNING orn DRAINAGE EASEMENT a SECTION 19, TWP. 50 S., RGE. 26 E. POINT OF COMMENCMENT TRACT L MOST SOUTHERLY 12 LELY GOLF ESTATES CORNER OF TRACT MAP TRACT M (P. B. 8, PG. 20) CURVE TABLE CURVE DELTA RADIUS ARC CHORD CHORD BEARING Cl 74'00'57" 18.78 24.26 22.61 S 8032'50" E C2 91 2552" 45.00 71.81 64.43 S 84'42'06" E SHEET 1 OF 2 PREPARED BY: NOLt 04/10/06 BY: GUY P. ADAMS, P.S.M. N0. 4390 suss r ■r mall al%Ra ! �■ ■■■ ER do 828 SCALE: 1" 100' ■! ■mar■■■ u■rr■ Professional !!r UNDAGE,nm. engineers, planners, k lend surveyors DRAWN BY:,.__ DATE: MARCH 28 2006 CT CHECKED BY:.SPA PROJECT N0.:�1 0.w. >« ce-tr weam sa(. No, 7400 7. 1.au, ,. , ewiw, a to 101. tees nears evac 74.1 raa.o mac wma (wi nrut ACAD fl�8n� s2fl 7t esaei �wi 7 -aiti FILE NO:.._$�_ ewuet.ai. Mae. is eaa4 4 O so" 7w Iwi -mama" EXHIBIT_ Page Of 47 PROJECT: NO. 77529 PROJECT PARCEL NO: 828 TAX PARCEL N0. 13 Agenda Item September SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED ACCESS EASEMENT PARCEL 828 THAT PORTION OF TRACT M OF LELY GOLF ESTATES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST SOUTHERLY CORNER OF SAID TRACT M, LELY GOLF ESTATES, THENCE NORTH 38'59'10" WEST ALONG THE SOUTHWESTERLY LINE OF SAID TRACT M, FOR A DISTANCE OF 100.08 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 38 59'10" WEST 115.24 FEET TO THE ARC OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 18.78 FEET A CENTRAL ANGLE OF 74 '00'57 ", A CHORD BEARING SOUTH 80'32'50" EAST A CHORD DISTANCE OF 22.61 FEET, AN ARC DISTANCE OF 24.26 FEET, • THENCE SOUTH 3859'10" EAST 50.27 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 91'25'52 ", A CHORD BEARING SOUTH 84'4206" EAST A CHORD DISTANCE OF 64.43 FEET, AN ARC DISTANCE OF 71.81 FEET TO THE NORTHWESTERLY LINE OF A 100' IMOE DRAINAGE EASEMENT; THENCE SOUTH 48'08'38" WEST 61.20 FEET TO THE POINT OF BEGINNING. Containing 2,142 Sq. Feet pore or less. PREPARED BY: 111, SHEET 2 OF 2 rrrrr uu ' :iii■ OLi 04/10/06 BY: ��0M ER do 828 GUY P. A S, P.S.M. NO. 4390 ■rru uurr SCALE: Musa■ UNDAGEOM Proteednnal enetn.m, pinna.n, & land a Ton DRAWN BY: DATE: MARCH 28. 2006 cwnr arm* e.u. ow "°°:"r'.'rr.v xmw x= n aloe w, %n -�, :i CHECKED BY. -M& PROJECT NO.:� j I" e�nea..r we A..M.."m "�" L �"+ a n a�� FILE NO: 8289 ACRD NO: 8289 -828 km EXHIBIT A Page.,Z-0-f2Z Agenda Item Nc September 26, Page 37 PROJECT: N0. 7522- - PROJECT PARCEL NO: ___ZZ9_ TAX PARCEL NO. SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY CONSTRUC7TON EASEMENT (NOT A SURVEY) J E TRACT M I ' ' ..I..... LELY GOLF ESTATES TRACT MAP (P.B. 8, PG. 20) 13 g 13.18 PEPPERWOOD CONDO Phase 1 S 48'0129T IN 200.00 I VALLEY STREAM DR, (PRIVATE ROAD (O.R. 925, z 13.6 PG. 254) 13.7 g N � ARCEL 729 OSED 10' T. C. ,_SOUTHEASTERLY f0'_ 7 7 4819!'29' E 200.00 DRAINAGE EASEMENT 13.12 SECTION 19, TW. 50 S., RGE 2 E. TRACT L 12 TRACT A LELY GOLF ESTATES LELY GOLF ESTATES TRACT MAP TRACT MAP (P.B. 8, PG. 20) (P.B. 8, PG. 20) TEMPORARY CONSTRUCTION EASEMENT PREPARED BY: 08/21/06 ADDED BEARINGS SHEET 1 OF 2 mom 01/11/06 BY; ■ ■■C Nou GUY P. ADAMS, P.S.M. NO. 4390 iii.■ 10' T.C.E. SCALE: 7" r ■or BSB k e 100' ■r■■r■ 03/27/06 SLY 16. 20 2 ■ ■ ■• ■■ DRAVM BY: JAN DATE: ■m "' UNBA6 &,m. p,cta"eonsl �agiusen. pinnaen, k land aurra7ars PROJECT NO.: 7599 -1 iii PARCEL 729 CHECKED B��— ACAD NO:,_ 8289 -729 ■. a" rw 0"o" -am 0 .a EXHIBIT, L Page of PROJECT: NO. 7599 PROJECT PARCEL NO: 729 TAX PARCEL NO. _ 13.7 Agenda Item No September 26, Page 38 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 729 THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND; THAT PORTION OF TRACT M, LELY GOLF ESTATES, TRACT MAP, RECORDED IN PLAT BOOK 8, PAGE 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, DESCRIBED AS, COMMENCE AT THE NE CORNER OF SAID TRACT AND RUN S 89' 32'18" W ALONG THE NORTH LINE OF SAID TRACT M FOR 457.44 FEET; THENCE RUN S 2833'33" W FOR 527.00 FEET TO A POINT OF CURVATURE; THENCE RUN 329.55 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 970.00 FEET AND SUBTENDED BY A CHORD HAVING A BEARING OF S 38'17'31" W AND A LENGTH OF 327.96 FEET TO A POINT OF TANGENCY; THENCE RUN S 48'01'29" W A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING (POB) OF THE DESCRIBED LANDS. FROM THE POB, RUN S 48'01 '29" W FOR 200.00 FEET, THENCE RUN S 4175832" E FOR 300.00 FEET; THENCE RUN N 48 °01'29" E FOR 200.00 FEET; THENCE RUN N 41-58'31" W FOR 300.00 FEET TO THE POB. Containing 2,000 Sq. Feet, more or less. BEARINGS ARE BASED ON THE LELY GOLF ES7A7FS iR C MAP PREPARED BY: PLAT BOOK 8, PAGE 20, COLLIER COUNTY, FLORI rrrtNIOLT SHEET 2 OF 2. Nw. rr01/11/06 aY: HER k GUY P. A MS, P.S.M. N0. 4390 rrr 107 T.C.E. ■ SCALE: MAU,— 03/27/06 Professional allonsom Planners, do land ■ursepcn DRAWN BY: DATE: JULY n.0 x..0 x.N «, a wpm lwilesr -o�v PARCEL 729 CHECKED B PROJECT NO.: 7599 -1 ew« ,oi. ,seb r.eaer rl+.b rm4 �,.,.. R aaooi Iwi)rar -air x.. u rw w a mw r n (w1)50 - = FILE NO: _ 8 80 ACAD N0: 8 8 —7 Q wa- EXHIBIT_ Page, of—ZIL Agenda pt Item No�10E Seember 26: 006 Paae 39 f 69 PROJECT: NO. 7599 PROJECT PARCEL N0: 730 TAX PARCEL NO. SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) N 5 13,18 PEPPERWOOD : CONDO Phase 1 Phase 11 S 48*01 *29' W 200.00 VALLEY STREAM DR. (PRIVATE ROAD) z 13.6 � 13,5 13 13.7 0 (O.R. 497, g TRACT M `� PG. 889) LELY GOLF ESTATES TRACT MAP 13,10 (P.B. 8, PG. 20) 13.1 SOUTHEASTERLY 10' _ - - — — - - ni PARCEL 730 `w 200.00 PROPOSED 10' T• C. E. TDRAINAGE EASEMEN' SEC77ON 19, TWP 12 TRACT L LELY GOLF ESTATES TRACT MAP (P.B. 8, PG. 20) S., RGE. 26 E. TRACT A LELY GOLF ESTATES TRACT MAP (P.B. 8, PG. 20) TEMPORARY CONSTRUCTION EASEMENT / / / / / -PREPARED BY: 08/21/06 ADDED BEARINGS SHEET 1 OF 2 :: 01 /11 /06 BY: rr NOLI ra l GUY P. ADAMS, P.S.M. N0. 4390 rra 01"1 ER 10' T.C.E. SCALE: �,iir°rii UNDAGEm 03 27 06 DRAWN BY: JAN_ DATE: A Y &_ !profewional enpineen, planners, k land tumlon asma o..av e.u. sio, n tUOi cwt .7 -aau (wi ea+ -a�i� PARCEL 730 CHECKED BY. -2U PROJECT NO.: 7599 -1 NO 8 89 -73 w a..nb vww I . Im r. "y w«4 7M X aeon CwuM.N N ICN..i..LLm Na. nl eew ."i O awi 7.n (wi -am FILE NO. 9289 ACAD EXHIBIT Page-3-3 of„-" PROJECT: N0. 7599 PROJECT PARCEL NO: 730 TAX PARCEL NO. 13.12 Agenda Item No if 10E September 26, 006 Page 40 69 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 730 THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND; COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT M, LELY GOLF ESTATES, AND RUN S 8932'18" W, ALONG THE NORTH LINE OF SAID TRACT M, FOR 457.44 FEET, THENCE RUN S 2833'33" W, FOR 527.00 FEET TO A POINT OF CURVATURE, THENCE RUN 329.55 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF S 38' 17'31" W, AND A LENGTH OF 327.96 FEET TO A POINT OF TANGENCY AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN S 48'01'29" W, FOR 200.00 FEET, THENCE RUN S 41 58'31 " E, FOR 300.00 FEET, THENCE RUN N 48'01'29" E, FOR 200.00 FEET; THENCE RUN N 41'5831- W, FOR 300.00 FEET TO THE POINT OF BEGINNING. Containing 2,000 Sq. Feet more or less. TEMPORARY CONSTRUCTION EASEMENT BEARINGS ARE BASED ON THE LELY GOLF ESTATES TRACT M PREPARED BY: PLAT BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA , .... SHEET 2 OF 2 10600: sots ■ ■ ■■ 01/11/06 BY: I■rr■■ �rrrr ER k 10' T.C.E. GUY 4AD,A S, P.S.M. NO . 4390 uur��wn 03/27/06 SCALE: nOn"m DRAWN BDATE: JULY 76. MM :Protwfoaal sn�lnwTa, plannaxt, k land amw n '°'� a■.a, m■ aoo rsoo r d..r r�.n ■,wti, rgT.ti n mica tMTkarain PARCEL 730 CHECKED PROJECT NO.: 7599 -1 �Lw Oak Ten trap atr«r. aaa r,.., n aa,oT IasiS� 11 Yb W s m..+..rm a.. v east w q aess a n fasTXas -aaw FILE NO: 8289 ACAD N0: 8289 -730 EXHIBIT,, i-a9e.,2L ofd Agenda Item NollOE September 26, 006 Paae 41 69 PROJECT: NO. 7599 PROJECT PARCEL NO: 731 TAX PARCEL N0. 13.1 D SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ( NU I '1 )UM vc I a REGENCY WOODS CONDO •- Phase l! PEPPER WOOD : CONDO Phase 1 Phase ll POINT OF BEGINNING Cl (pR0AD) R VALLEY STREAM D. R 13.9 BUCKEYE PALMS 13,6 CONDO N (O.R. 527, 13,4 O13.7 TRACT M 8 w PG. 746) u = LELY GOLF ESTATES g AC M P.B. 8, PG. 20) �SOUTHEA STERLY 10' PARCEL 731 TEMPORARY PROPOSED 10' T.C.E. 00, NSTRUCTION EASEMENT. DRAINAGE EASEMENT SEC77ON 19, TWP. 50 S., RGE 26 E 12 TRACT A LELY GOLF ESTATES TRACT MAP (P.B. 8, PG. 20) / 7 CURVE TANX CURVE DMTA RADIUS ARC CHORD CHORD BEARINC C1 9'4388' 57400 184.77 184.58 S 4399'30' W C2 94387' 1274DO 215.7J 215.47 N 439930' E PREPARED BY: 06/21/06 ADDED BEARINGS SHEET 1 OF 2 mom"' mom, LAOIS 01/11/06 BY: ■err UY P. ADAMS, P.S.M. N0. 4390 ER k 10' Errr�� 03 27 T.C.E. . SCALE: 1 •. 100' 1 Y 1 2002 ■ ■ ■ ■° / DRAWN BY: JAN DATE:"- -4LL.__6. ■rrr�r UNDAGE..a Prateedond en`Sneen, pleanere, k ]aad ■ur�e7ar■ CHECKED BY• GPA PROJECT NO. :. 7599 -1. C.N. ti' id .'6 rni rio�i (w - -�eiii PARCEL 731 ACAD NO 6269 -731 ftft 0.m..w «.«►.w.r.. w.. v nu d v wa n. eu _ FILE N0: _ 8289 EXHIBIT,-, -� . Page Of PROJECT: NO. _ 7599 PROJECT PARCEL NO: 731 TAX PARCEL N0. 13.10 Agenda Item No. h0E September 26, 06 Page 42 T69 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 731 THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND; THAT POR77ON OF TRACT M, OF LELY GOLF ESTATES, TRACT MAP AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PAR77CULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT M, LELY GOLF ESTATES, AND RUN S 8932'18" W, ALONG THE NORTH LINE OF SAID TRACT M, FOR 457.44 FEET; THENCE RUN S 283333" W, FOR 527.00 FEET TO A POINT OF CURVATURE, THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF S 33 25'32" W, AND A LENGTH OF 764.58 FEET TO A POINT ON THE CURVE AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF S 43'0930" W AND A LENGTH OF 164.58 FEET TO A POINT OF TANGENCY; THENCE RUN S 41-58'31" E FOR 300.00 FEET, THENCE RUN 215.73 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1270.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF N 43'09'30" E, AND A LENGTH OF 215.47 FEET TO A POINT ON THE CURVE; THENCE RUN N 51'4229" W, FOR 300.00 FEET TO THE POINT OF BEGINNING; Containing 2,004 Sq. Feet, more or less. TEMPORARY CONSTRUCTION EASEMENT BEARINGS ARE BASED ON 7HE LELY GOLF ESTATES TRACT U PLAT BOOK 8, PAGE 20, COWER COUNTY, FLORIDA PREPARED BY: 08/24/06 ADDED CAPTION SHEET 2 OF 2 Nou ■u■■ 01/11/06 BY: � GUY P. ADAM P.S.M. NO, 4390 ■■■■■ BER k 10' T.C.E. ■r■or SCALE:�� , ■■rr■r UNDAGE,n7, 03/27 06 Profs■sSonnl englnsers. Plsnasrs, k Isnd m yore DRAWN BY: JAN DATE: W Y tfi 2002 0i°'° `°®`" " �'°°' °rss r'°"'"�"' �°.`* "v'..• � w1w cwlkora„1 PARCEL 731 CHECKED BY:-DiA PROJECT NO.: 7599_1 La CNmgi swu 101, tole ■md,y 7tn,1. �rrl 1llala. K Ro01 Iwl)71r -7111 CwUMa4 a, laf8a„„1,K Maa. it ses� .va D sw, l,a Iw1M.s -ess FILE NO: 8289 'ACAD NO: 8289 -731 xHIBIT Agenda Item No September 26, 9 e 4Of-- Page 43 PROJECT: NO. 7599 PROJECT PARCEL N0: 232 TAX PARCEL NO. 13.4 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) 5�P PEPPERWOOD:-CONDO Phase 1 Phase It 13.1 13.5 13.10 TEMPORARY SUCTION EASEMENT REGENCY; WOODS CON' O Phase 11 Ph ose Ill OF Cl I (PRf VA TE VALLEY STREAM DR. ROAD) u, BUCKEYE PALMS g ti CONDO 13.4 $ (O.R, 1432, PG. 146 7) VALLEY STREAM ""COURT INC. CONDO ti TRACT M.. �.EL Y ' GOLF E3TA TES TRACT MAP (P.B. 8, PG. 20) 133 SOUTHEASTERLY 10' ........ �.. — — — _ C2 DRAINAGE PARCEL 732 EASEMENT PROPOSED 10' T.C.E. SECTION 19, TWP. 50 S., RGE. 26 E TRACT A LELY GOLF ESTATES LLELY ASEMENT TRACT MAP (P. B. 8, PG. 20) �.�'� ,��~ GOLF ESTATES UNIT 1 o. �.-' (P. B. 8, PG, 49) CUR4E A6tE CURYB DELTA RMfUS ARC O ORO CHOW WANNO cy 0•x'87• 070.00 184.77 10488 S JJ SIM' W C2 943%7" 1270.00 21573 21&47 N 332832" E PREPARED BY: 08/21/06 ADDED BEARINGS SHEET 1 OF 2 iii WSCALE. BY: NOil GUY P. ADAMS, P.S.M . N0. 43 0 ■ ■ HER k 1" 100' r ■■ >t 11 Y 18, 2002 ■u■r■ AGEs,a. DRAWN BY:�AN DATE: Prdadoul sugumsrs, plemw-. k land .tm+rn+ CHECKED BY: GPA PROJECT NO.:_Z599 -1a.m.. a.-V "at. am ym roaot n.a V w rvt.. ti saw( ow -nu FILE CHECKED �Z@2 r. awn V r tot. t.w ■."arr sd+•t s.w tbaa n ■■et fsst�n sut ACAD NO' 8289_732 c..wt..t. a Amr.d as N— u ssss -a a r■s No Iwys.s-uw XIA EXHIBIT Agenda Item No. page 7 September 26. c PROJECT: NO. PROJECT PARCEL ------ 7 Page 44 CNO: 7i TAX PARCEL N0. 13 4 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIP77ON PROPOSED 10 FOOT TEMPORARY CONSTRUC77ON EASEMENT PARCEL 732 THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND; THAT POR77ON OF TRACT M, OF LELY GOLF ESTATES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PAR77CULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT M, LELY GOLF ESTATES, AND RUN SOUTH 8932'18" WEST, ALONG THE NORTH LINE OF SAID TRACT M, FOR 457.44 FEET, • THENCE RUN SOUTH 2833'33" WEST, FOR 527.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF SOUTH 332532" WEST, AND A LENGTH OF 164.58 FEET; THENCE RUN SOUTH 5l '4229" EAST FOR 300.00 FEET; THENCE RUN 215.73 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1270.00 FEET, AND SUBTENDED BY A CHORD HAVING A BEARING OF NORTH 33 25'32" EAST, AND A LENGTH OF 215,47 FEET,• THENCE RUN NORTH 61 26'27" WEST, FOR 300.00 FEET TO THE POINT OF BEGINNING; Containing 2,157 Sq. Feed more or less. TEMPORARY CONSTRUCTION EASEMENT ��^ ..HOC u. u,� �" �: � �•' "ti Gr r BEARINGS ARE BASED ON THE LELY GOLF E*BY.-DATE: CT M PREPARED BY: PLAT BOOK 8, PAGE 20, COLLIER COASHEET 2 OF 2 ii NOLI BR k 10' T.C.E. . ADA , P.S.M. N0. 4390 r■UNneerv, ac PTO■aiotiel euQiaeere, plannan, k land sur7e�om am4 03/27 06 DATE: JUL{pi NO, 7sao T.aora,; h tl, Nmu; alyw, �(, pupa (Ml�aT -x111 ..b, a,d� ion. ,am r.aa., stn.6 se,e r,7ea, n anon (x,W + -a�„ PARCEL 732 Y: GPA ROJECT N0.�5 .u.. r.., u -4 n aria r.o IaaiXes -s 2$9 CAD N0:_ 8289 -732 OE .r EXHIBIT_„�4-,__ Agenda Item 10E September 2 .2006 Peqe Of, `1 Page 4 of 69 PROJECT: NO. 75g� PROJECT PARCEL N0: 733 TAX PARCEL NO. 13.2 - SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY TEMPORARY �0 CONSTRUCTION EASEMENT so 13.2 PEPPERWOOD ............... ' CONDO REGENCY WOODS Phase 11 CONDO Phase It TRACT M Phase Ill Phase 1V LELY GOLF ESTATES POINT OF TRACT MAP. BEGINNING P G. 2 0) �� 400.00' (PRIVATE VALLEY STREAM : DR. ROAD) ........................... .......... ......... ............ :................ BUCKEYE VISTA RIO PALMS VALLEY STREAM CONDO CONDO COURT INC. CONDO o 0 13.2 g 13.1 13.4 ° M ........................... O.R." 618, PG. :1729) rsOUTHEA;STERLY 10' TEMPORARY PARCEL 733 CONSTRUCTION EASEMENT DRAINAGE EASEMENT PROPOSED 10' T C.E. SEC77ON 19, TWP. 50 S., RGE. 26 E. 110' FP &L EASEMENT �o- -r� a� LELY GOLF ESTATES UNIT 1 8, PG. 49) 26 27 28 29 30 31 PREPARED' BY: SHEET 1 OF 2 rrrrr 01/11/06 BY: GNOt1 GUY P. ADAMS, P.5.M. N0. 4390 arrr■ arrr 10' T.C.E. SCALE: 1" 100' rrrrr BER & rrrrrr 03 27 06 DRAWN BY:_ DATE: sKllY 17. 2002 arrow rrrrrr RUNDAGE,wa PROJECT NO.: 75gg -1 psotesslonel enain#Gr6 plenoers, B land surnyon CHECKED BY---DU amv owa�n smu zoo. r0m rnwaea Trdt r.ru 7wotiN• n x100 lx1)6n.asu PARCEL 733 FILE N0: 8269 ACAD NQ' 8289 -733 a�eaaN -a u aee� � *.yi 1p{ 0��.°0i d EXHIBIT A PV 3q of Agenda Item September PROJECT: NO. _ 7 PROJECT PARCEL NO: 733 TAX PARCEL NO, 13.9 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT PARCEL 733 THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED LAND; THAT PORTION OF TRACT M, OF LELY GOLF ESTATES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NE CORNER OF SAID TRACT M, LELY GOLF ESTATES, AND RUN S 89 32'18" W, ALONG THE NORTH LINE OF SAID TRACT M, FOR 457.4.4 FEET; THENCE RUN S 28,33'33" W, FOR 127.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE RUN S 2833'33" W FOR 400.00 FEET; THENCE RUN S 61-26'27" E, FOR 300.00 FEET; THENCE RUN N 28'33'33" E, FOR 400.00 FEET, THENCE RUN N 6126'27" W FOR 300.00 FEET TO THE POINT OF BEGINNING; Containing 4,000 Sq. Fee5 more or less. TEMPORARY CONSTRUCTION EASEMENT BEARINGS ARE BASED ON THE LELY GOLF ES7A7ES TRACT AP PLAT 800K 8, PAGE 20, COLLIER COUNTY FLORIDA PREPARED BY: - SHEET 2 OF 2 rrrr■ , rm GNOLI 01 /11 /06 BY: ■rrr■ GUY P. A 5, rurr ARBER & i0 T.C.E. Mrrrrr SCALE: ■rrrrr P.S.M. N0, 4390 uurr UNDAGE.ac' 03/27/06 Pro teeeional anginaen, pinnnera, k lnnd enrwpom DRAWN BY: DATE:_ JLtLY i7. ?0�• u. aCaotm�a swu,Oa, je 11-4a 4aU, N„eai,f.,i «, 7L'4100 (Op)6,1 -3111 PARCEL 733 CHECKED BY: L' c eurlwb utinik.n. u- "°''pia a�eea n i�� PROJECT NO.: 7�_1 -d „�''„ FILE N0 8289 ACRD NO: 8289-7,13 .10E 2006 of 69 EXHIBIT Item N 10E September 26 2006 ` P of Page 4 f 69 'y PROJECT: N0. 7599 9 PROJECT PARCEL NO: 834 —A TAX PARCEL NO. 13.1 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA _SKETCH OF ACCESS EASEMENT (NOT A SURVEY) CURVE TABLE CURVE DELTA RADIUS ARC CHORD CHORD BEARING P• Ci 84 51'08" 55.00 81.45 74.21 5 03 5924" E S� C2 6172'04" 75.00 80.33 88.73 N 21 *18'43' W • 13.2 LINE TABLE REGENCY WOODS LINE LENGTH BEARING ' L1 28.83 S 89'39'27" W CONDO L2 33.81 S 46'24'58" E Phase tll Phase ,IV L3 81.08 S 38.26'43" W L4 149.83 S 43'35'02" W L5 13.04 N 46'24'58" W 127.00'. O.R. 2130, (PRIVATE VALLEY STREAM DR. PG. 1008 ROAD) TRACT M LEL Y GOLF" ES TES TRACT MAP VISTA RIO 13.9 (P. B. 8, PG. 20) CONDO v Z VALLEY STREAM 13.2 a 13.1 1.4" z COURT IN P. CONDO (O.R. 794, w�-'• yo o w (O.R. 618, PG. 1467) O 13.11 PARCEL 834 —A PG. 1729) 13.3 PROPOSED ACCESS EASEMENT '7 AREA =2, 902 SQ. FT. f N �j 91 'PIPm, DRAINAGE EASEMENT 35B 27 115 04' SECTION 19, TWP. 50 S., RGE. 26 E. __ — _______ —_ POINT OF 110' FP &L EASEMENT \ \ TRACT 8 _ -COMMENCEMENT NORTHEAS7_1(�ORNER OF TRACT M LELY GOLF 7G.4 T 1 LELY GOLF ESTATES UNIT 1 (P. B. 8 o (P. B. 8, PG. 31 Y PREPARED BY: SHEET 1 OF 2 04/10/08 BY: .::.%7UNDAGEjm OIS GUY P. ADAMS, P.S.M. NO. 4390 .`.�..gg k 834'A SCALE; 1 = .] 00 iiii Prof* radonal engineers, planners, k land survsyon o.ma amts eat, No, 7aoo Tew"d 7rwL amAl ■.0". U. o..atn wrw tar, low N_m' U..L r.n W.n. cean.aa .r �.uw.u.a a... ra eae� ,ea n a.aa DRAWN BY. JAN DATE: MARCH 28, 2006 n "Los IwrMn -nut CHECKED BY: CPA PROJECT NO.:Z@9.2 -1 n aaoor lar an -aua rm lain -aoa FILE NO: 8282 ACAD NO: A289 a EXHIBIT 4 pee .-�) of ^l7 PROJECT: N0, 7599 PROJECT PARCEL NO: 834—A TAX PARCEL NO. 13.1 Agenda Item N September 26 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIP77ON PROPOSED ACCESS EASEMENT PARCEL 834 -A THAT PORTION OF TRACT M, OF LELY GOLF ESTATES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT M, LELY GOLF ESTATES, AND RUN S 89-3927" W, ALONG THE NORTH LINE OF SAID TRACT M, 119.07 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED EASEMENT; THENCE CONTINUE S 89'3927" W ALONG THE NORTH LINE OF SAID TRACT M, 28.83 FEET; THENCE RUN S 46'24'58" E, 33.81 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A. RADIUS OF 55.00 FEET, A CENTRAL ANGLE OF 84 51'08 ", A CHORD BEARING OF SOUTH 03'5924" EAST A CHORD DISTANCE OF 74.21 FEET, AN ARC DISTANCE OF 81.45 FEET, THENCE SOUTH 38'26'43" WEST, 81.08 FEET TO THE NORTHWESTERLY LINE OF A DRAINAGE EASEMENT; THENCE NORTH 43 27'53" EAST, 149.83 FEET TO THE ARC OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 72'31'39 ", A CHORD BEARING OF NORTH 21'18'43" WEST THENCE NORTH 4624'58" WEST, 13.04 FEET TO THE POINT OF BEGINNING. Containing 2,902 Sq. Feet more or less. PREPARED BY: 1111 SHEET 2 OF 2 tort NOLI 04/10/08 BY: wo■ ww■ ■■ 834—A GUY P. S, P.S.M. N0. 4390 wr■o HER & wrwwr■ SCALE:_K rrwwo wr■wr■ IINDAGE,rc DRAWN BY: DATE: MARCH 28. 2006 Profswlonal eaylasexn, planners, k ]and rurn7on arc- a.®a edu no. 14" T-1—L I-% ■."k vw w n sa Iwi " -sus CHECKED BY: PROJECT NO.: 7599 -1 �.. c.�a sqM IM. Un 9— TA etc set rs OWL (µi . FILE NO: 289 C.ue..r .c %. 1 � ACAD N0: 8289 -834A 10E ?006 A 69 EXHIBIT Z pap-- LA of—�Lj. r Agenda Item N 10E September 26, 006 Page 4 f 69 PROJECT. NO. 7599 PROJECT PARCEL N0: 334—B TAX PARCEL NO. 13.1 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 .EAST COLLIER COUNTY, FLORIDA SKETCH OF DRAINAGE EASEMENT (NOT A URVEY) 00 5 CURVE TABLE CURVE DELTA RADIUS ARC CHORD CHORD BEARING Cl 6122'04" 75.00 80.33 76.55 S 15-43'i6" E REGENCY WOODS CONDO Phase Ill Phase IV (PRIVATE I VALLEY STREAM DR. ROAD) TRACT M ........ ............... LELY GOLF ESTA lE: TRACT MAP 13.9 (P.B. 8, PG. 20) T 13'2 VALLEY STREAM COURT IN CONDO (O.R. PG. 618, 1729) 13.11 13.3 TRACT B NORTHMASfi�ORNER LINE TABLE LINE LENGTH BEARING L1 13.04 S 46'24'58" E L2 115.04 N 43'27'53" E O.R. 2130, PG. 1008 VISTA RIO IPA 7v (0. R. 794, vo PG. 1467) PARCEL 834 -B PROPOSED DRAINAGE �'� EASEMENT AREA =3,738 SQ. FT. f N432j53 E' I I _ I/ `/qI.":Y. i. r4 DRAINAGE EASEMENT 3s6.� L2 SECT70N 19, TWP. 50 S., RGE 26 E. T '~ POINT OF __________ \ \ ___ 110' FP &L EASEMENT \ TRACT B NORTHMASfi�ORNER \ OF TRACT M LELY GOLF ESTATES U 1 T 1 LELY GOLF ESTATES UNl T 1 (P.B. 8, PG. 49) °o. (P. B. 8, PG. 49) 29 30 31 � °.p O 0 PERPETUAL, NON- EXCI.UB�Ip� DRAINAGE EASEMENT SHEET 1 OF 2 PREPARED BY: i ■■■VE 04/10/06 BY: GUY P. ADAM S, P.S.M. NO. ■. ■ ER A E TO D.E. SCALE: 1' 100' ■■■■■ ■ ■■■ MAGI,■a. PrutwSor■1 .nQln..n, rkunwm• iand r'u""yorm DRAWN BY: JAN _ DATE: MARCH 9A, 20 CHECKED BY: GPA PROJECT NO.:- 2192 -2 �. a...r ..u..oe, rao :..Mw T,.& a..■„ WWI. n K,w j":l -"ut i u IDS. Lm rk a w "a ew n =001 w �w -��oi FILE NO',--UM— � ACAD N0: B289 -8348 C PROJECT. NO. 7599 PROJECT PARCEL NO: 83" TAX PARCEL NO. 13.1 EXHIBIT PAe—:J of -y7 Agenda Item September Pal7P SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED DRAINAGE EASEMENT PARCEL 834 —B THAT PORTION OF TRACT M, OF LELY GOLF ESTATES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT M, LELY GOLF ESTATES, AND RUN S 893927" W, ALONG THE NORTH LINE OF SAID TRACT M, 9.55 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED EASEMENT; THENCE CONTINUE S 89'39'27" W ALONG THE NORTH LINE OF SAID TRACT M, 109.51 FEET; THENCE RUN S 41524'58" E, 13.04 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 75.00 FEET, A CENTRAL ANGLE OF 61 22'04'; A CHORD BEARING OF SOUTH 15'43'56" EAST A CHORD DISTANCE OF 76.55 FEET, AN ARC DISTANCE OF 80.33 FEET; THENCE NORTH 4327'53" EAST, 115.04 FEET TO THE POINT OF BEGINNING. containing 3,738 Sq. Fee tJmore or less. PERPETUAL, NON - EXCLUSIVE DRAINAGE EASEMENT PREPARED BY: I SHEET 2 OF 2 ■■" NoLI 04/10/06 BY: ■ ■ ■■ ' J.Ms' P.S.M. NO. 4,390 Soso ■ SER k A.E. TO D.E. mama■ SCA■■■■ ■■ ■■■■■■ UNDearZop DRADATE: hd RCH 28. 2008 Fso}.reioaal eaylneare, Plnnnexs, k lend �arre�on e m. u.■b. a t. 0% V400 :5T a.u. ltmy r pw, n utu (us n -sut CHEPROJECT NO.: 7599 -1 >r jai. v �*+o n s (Ki sm"s FlLE � ACAD N0:_ 8289 -8348 .10E 2006 of 69 EXHIBIT—,L —, Agenda Item No. September 26, Page 51 PROJECT: N0, 599 PROJECT PARCEL N0: 836 TAX PARCEL NO. SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF COUNTY DRAINAGE & ACCESS EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR DESCRIPTION OF COUNTY DRAINAGE & ACCESS EASEMENT) .o LELY GOLF ESTATES UNIT NO. 1 (P. B O . 8, PG. 49) ORq CIRCA �---__ Q � CL cc � Qao O �f?z,'cd IJ1,J U PREPARED BY: SHEET 1 OF 2 NOL1 04/10/06 BY. GUY P. ADAMS, P.S.M. N0. 4390 ADDED A.E. iiiis. 8E8 & SCALE: 1' = 150' ,� :.. UNDAGE.ma. DRAWN BY: JAN DATE --J lL Y 17. 2002 prola�aSgasl anginaan, pla„narn, k land su yvrs aw,o a,.ay. _ m. t o. r..,.e, n.w m..m, „y,.., ti auw (w,p x_n„ CHECKED BY ,0PA PROJECT NO.: — >a C..av, 9d'. 101. 1QC N.." me..t tsn w.. n asow (ws)ea+ -nss FILE NO: 8289 ACAD NO: _-A252---2M C.Aul." K /a1L..,..u- X.a 93 ww .M ,m ww hat (whew -nn __ page H I a I T /^ °Yv Of % PROJECT: NO. — 7599 PROJECT PARCEL NO: 836 TAX PARCEL NO. 1 Agenda Item No September 26, Page 52 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED 20 FOOT DRAINAGE AND ACCESS EASEMENT PARCEL S36 THE NORTHWESTERLY 20 FEET OF TRACT A. (ADJOINING TRACT M) LELY GOLF ESTATES, TRACT MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA. CONTAINING 8050 SQUARE FEET OF LAND MORE OR LESS. BEARINGS ARE BASED ON THE LELY GOLF ESTATES TRA PREPARED BY: PLAT BOOK 8, PAGE 20, COLLIER COUNTY, FLORID SHEET 2 OF 2 REZMul--- — VTP Mon NOra 04/10/06 BY: " "• k ADDED A.E. GU4PAD P.S.M. NO. 4380 SCALE: 09/05 O6 Prol�s01ons1 �nQinsen, p]enm77, de laced mvrnyon DRAWN DATE: JULYJULY 17• 90097009 c wr I "*"00•''100 b.a ■+1w ■a... n ww ("oe" -all ADDED AREA CHECKPROJECT NO.:_7599 -1 I*w 0 M� 10 YM n l (Mfg 1311 FILE NACAD NO: 8 8 —SD9 E EXHIBIT Agenda Item No. September 26, 2 Page 53 o PROJECT: NO. 7599 -^ PROJECT PARCEL NO: 837 TAX PARCEL NO. SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SKETCH OF COUNTY DRAINAGE & ACCESS EASEMENT (NOT A SURVEY) (SEE SHEET 2 OF 2 FOR ,Df,ES CIPTION OF COUNTY DRAINAGE EASEMENT) BE BEGINNING AA��,� � sc' tx 1 ��PG � • O •• o• 1 Q c0000 �" •'•. �5� P Rte �N r O O ��'�? QG � J � o. o �A •p N ` 11 N rn 7D YE PALMS ';q N w F ° z TRACT A LELY GOLF ESTATES ° TRACT MAP LINE TABLE O (P• R• 8, PG. 20) LINE LENG774 CURVE TABLE L1 35.15 S 29.5524` W CURVE DELTA RADIUS ARC CHORD CHORD BEARING CI 7258'11" 30.00 38.21 35.88 S 35'76'22" E C2 68'18'51' 30.00 35.77 33.69 N 83'40'29' W PREPARED BY: SHEET 1 OF 2 iii MOLT 04/10/06 BY: "? 8R ADD TURN OUT GUY P. ADAMS, P.S.M. NO. 4390 ■u.r SCALE: l" 750' mommis UNDAGlmo. DRAWN BY: JAN DATE: JULY 17. 20 Prot"wfua"1 •uglzKM pjw a m, & Lad warnfol7 cow amm � oft � %.ter *. N.w wwm, n N,,, oa Hill CHECKED BY: GPA PROJECT NO.: 7593_1 l.. o No. l04 �_ a.+n w.4 M 30— R ""I -�nl FILE N0: _$?.t�L_ ACRD NO: 8269 -8 e.aa w w vu.mu.. ar 10 kW oa Y =" r m w EXHIBIT n Pve..a ofd PROJECT: N0. _ 7 PROJECT PARCEL NO: 837 TAX PARCEL NO. Agenda Item No September 26, Page 54 SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION PROPOSED DRAINAGE do ACCESS EASEMENT PARCEL 837 ALL THAT PART OF TRACT 6, LELY GOLF ESTATES, UNIT NO. 1, AS RECORDED IN PLAT BOOK 8, PAGE 49, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARY DESCRIBED AS FOLLOWS,• BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 8; THENCE NORTH 8932'18' EAST 7.40 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST,• THENCE SOUTH 89'3941' EAST 22.60 FEET; THENCE SOUTH 026'59' WEST 64.00 FEET; THENCE SOUTH 37'31'06' WEST 234.75 FEET,• THENCE SOUTH 2833'33' WEST 230.38 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHEASTERLY HAYING A RADIUS OF 30.00 FEET A CENTRAL ANGLE OF 72 58'11', A CHORD BEARING OF SOUTH 35'16'22' EAST A CHORD DISTANCE OF 35.68 FEET, AN ARC DISTANCE OF 38.21 FEET; THENCE SOUTH 295524` WEST, 35.15 FEET TO THE ARC OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 68'1851', A CHORD BEARING OF NORTH 83'40'29' WEST A CHORD DISTANCE OF 33.69 FEET, AN ARC DISTANCE OF 35.77 FEET.• THENCE SOUTH 2833'33' WEST 390.11 FEET TO TRACT A; THENCE SOUTH 66 *2745' WEST ALONG TRACT A 32.56 FEET; THENCE NORTH 283333' EAST ALONG TRACT B 983.90 FEET TO THE POINT OF BEGINNING OF THE DRAINAGE AND ACCESS EASEMENT HEREIN DESCRIBED. CONTAINING 26,269 SQUARE FEET OF LAND MORE OR LESS; BEARINGS ARE BASED ON THE LELY GOLF ESTATES TR T MAP PREPARED BY: PLAT 600K 8, PAGE 20, COLLIER COUNTY, FLORI .a.. SHEET 2 OF 2 hilt" NOLI rwrw 04/10/06 BY: raaaw ;:� $ & ADD TURN OUT GUY P AMS, P.S.M. NO. 4390 waa "w SCALE: uowr UNDAGE.n 09/05/06 Prolea+ionel engineem, plennen. 8 Lad + yon D: RAWN BY: DATE: JULY 17. ?Q22 0a°l" C—b` 9"1. No.. 700 tdm *� Herui eaw. n °aa (w,)err -au, ADDED AREA 1» �w ema /oi, iw e.ey ea..i �.,, r,.. „ wool (e�llar -m» CHECKED BY: PROJECT NO.: 7599 -1 ' r °"°° W— X0 30" 'ae n ' r— (xl)ewe� FILE NO: ACAD NO: 8289 -837 A rrtcrsirtcuar .....u.,"... ........ . ......._. _.....- - Agenda Item No. 10E COLLIER COUNTY Page 56 of 6 BOARD OF COUNTY COMMISSIONERS PROJECT No. 511012 LELY AREA STORMWATER IMPROVEMENT PROJECT LOCATION MAP 7-- _ 1 RADIO RD rt 1 , C � v 1 Q .Q �. LELY BRANCH CANAL E.- (RAT. HAM. TO KINGS LAKE) ALL EASEMENTS ACQUIRED I Lely' +�!! anal -Basin. . LELY BRANCH CANAL i (US 41 TO RAT. HAM.) 1 EASEMENTS REQUIRED i LOCATION SEE I EXHIBIT B -1 RATTLESNAKE HAMMOCK D - `4f Lely Manor tanal Basin I TREVISO BAY EAST CANAL EASEMENTS REQUIRED LOCATION SEE EXHIBIT B EXHIBIT B -2 PROPOSED BY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IN TRANSPORTATION SERVICES DIVISION STORMWATER MANAGEMENT DEPARTMENT HORSESHOE SQUARE, 2885 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 t2391774-9192 0 0.5 1 PROJECT MANAGER: GERALD N. KURTZ DATE: APRIL, 2006 1 1 Miles Agenda Item No. 10E Se tember 26 200E LELY AREA STORMWATER IMPROVEMET PROJECT M 9 1 TREVISO BAY EAST CANAL RIGHT OF WAY ACQUISITION MAP TREVISO BAY 30` q` MYRTLE COVE ACRES I m 1 r riR t — , ;1- t Legend ® Right Way I Parcels Acquired Q Treviso Bay East Canal Rght of Way Acquisition Parcels 44304000 - Parcels ID PREPARED BY: Collier County Transportation Services Division Stonnwater Management Department NNA 30� i RAINVREE.LN k.ffl..(1iW9'k 1 = 39USitt11 .. ` 1 1 ♦ ..M1.52!}fAifW 1 + 15' k Y. f�six� 4 I 1 I;`t 19 I - CYPRESS MYRTLE COVE ACRES I m 1 r riR t — , ;1- t Legend ® Right Way I Parcels Acquired Q Treviso Bay East Canal Rght of Way Acquisition Parcels 44304000 - Parcels ID PREPARED BY: Collier County Transportation Services Division Stonnwater Management Department NNA k.ffl..(1iW9'k 6r ..M1.52!}fAifW �•�- � 4�i2iY n. 0 500 1AOo ` I Y Feet EXHIBIT B -2 AGNou BARBER & BRUNDAGE, INC Professional Engineers, Planners & Land Surveyors 7400 Tarniami Trail N., Suite 200, Naples, Florida 34108 9990 Coconut Rd., Suite 103, Bonita Springs, FL 34135 Agenda Item No. 10E September 26, 2006 Page 59 of 69 EXHIBIT "C" Phone(239)597 -3111 Fax: (239) 566-2203 Phone: (239) 334 -1173 Fax: (239) 334 -1175 MEMORANDUM Date: April 11, 2006 To: Jerry Kurtz, P.E. From: Daniel W. Brundage, P.E. Subject: Condemnation Resolution for LASIP System On May 9, 2006, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to construct portions of the Lely Area Stormwater Improvement Project ( LASIP). This memorandum contains vital information that the Board of County Commissioners must consider in adopting this resolution. The LASIP system will provide a comprehensive stormwater outfall system for an area of East Naples formerly known as Water Management District #6 which has for years experienced an increasing level of drainage related problems as growth has continued in the area. The drainage area of LASIP consists of about 11,135 acres and consists of two sub - basins known as the Lely Canal Basin (LCB) system and the Lely Manor Basin (LMB) system. The Lely Canal Basin discharges into an estuarine coastal zone along the intercoastal waterway near Dollar Bay. The Lely Manor Canal discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay Due to the lack of a comprehensive drainage outfall system in the LASIP area continued development of the area has impacted flood levels as well as water quality. Available data K:\7599 Lely Outfall Basin\ Correspondences \Memo \09- 097Y05.MEM.doc Agenda Item No. 10E September 26, 2006 Page 60 of 69 indicates that water quality is generally good at present but could be expected to deteriorate unless an improved water management outfall system for the area described as follows is developed. Lely Canal Basin The existing Lely "Main" Canal flows from Rattlesnake Hammock Road south then west parallel to Rattlesnake Hammock Road, then south again and through the bridges at U.S. 41 and south until it discharges into an estuarine coastal zone along the intercoastal waterway near Dollar Bay. The flow capacity of the canal and structures in the Main upstream of the U.S. 41 bridges will be increased. At the downstream discharge of the Main canal a spreader lake with a control berm elevation of 2.5 NGVD will be constructed to eliminate current over drainage, salt water intrusion, and provide a broader distribution of fresh water instead of the existing concentrated point discharge. South of Rattlesnake Hammock Road a weir will be constructed at Doral Circle to raise the normal stage elevation to 4.0 to eliminate current over drainage. The proposed plan will extend the Main canal system upstream using the stormwater management system of the Royal Wood Development. A network of smaller canals, weirs and swales is proposed to provide appropriate flood relief without over draining existing wetlands. One new canal system will be extended from the northeast corner of Royal Wood to serve the northeast portion of the Lely Canal Basin area. The canal will extend from Royal Wood upstream to the southern edge of a wetland area near Cope Lane. Three weirs will be placed in this canal to maintain water levels in the wetland areas and to cause flows to continue to pass through a historic slough lying in a northeast to southwest direction across Cope Lane, Country Road and Whitaker Road to provide lateral distribution of excess flow into the proposed canal. Water levels in these swales will be maintained by the downstream weir control elevations. The weir structures have gates that allow lowering water levels if needed after or in preparation for a major storm event. Also an east to west canal will collect part of the drainage from the area along Sandy Lane. It will also provide a cross -basin connection that will normally be closed, but K: \7599 Lely Outfall Basin\ Correspondences \Memo \09- 097Y05.MEM.doc 2 Agenda Item No. 10E September 26, 2006 Page 61 of 69 in special emergency situations can be opened to allow interconnection of the Lely Canal Basin and the Lely Manor Basin systems. A culvert and canal system will also extend from the northwest corner of Royal Wood up to Whitaker road. It will provide added capacity for flood relief for the downstream end of the slough and for the area between Royal Wood and Whitaker. A tributary called the "Branch" joins the Lely Main Canal a short distance upstream of the U.S. 41 Bridge and east of the intersection of U.S. 41 and Rattlesnake Hammock Road. The Branch provides drainage for the developed area along the Florida Power and Light Corporation right - of -way north of Rattlesnake Hammock Road, the areas surrounding Loch Louise and Crown Point developments located south of Davis Boulevard, and the developments along the north side of Davis Boulevard. The proposed plan calls for increasing the capacity of the Branch downstream of Loch Louise, reconstructing the Loch Louise weir, constructing a new weir at the northern end of the existing triple box culverts under Davis Boulevard, and extending the collection system along the north side of Davis Boulevard to its full planned length east of Santa Barbara Boulevard. The project along the Branch system also includes constructing a weir structure at the intersection of the Haldeman Creek Basin system and enclosing an existing ditch south of Loch Louise (the north ditch of Riviera) in a storm drain. Elsewhere in the Lely Main Canal system, improvements associated with three road projects, Rattlesnake Hammock Road, County Barn Road and Santa Barbara Boulevard Extension will have LASIP drainage features either constructed or made active. The majority of wetland impacts of the proposed project are related to modifications involving excavating existing canals. However, there are some areas where new canal and swale construction will create new wetland impacts, although extensive effort was made to avoid or minimize these impact areas. The capacity of the Main Canal downstream of U.S. 41 is to be increased by excavation to a larger cross section and the construction of an outlet spreader lake designed to flow into existing wetlands immediately to the south, west and east of the canal. Wetlands will be impacted by this K: \7599 Lely Outfall Basin\ Correspondences \Memo \09- 097YO5.MEM.doc 3 Agenda Item No. IOE September 26, 2006 Page 62 of 69 construction but impacts are offset by the improved flow conditions into the existing receiving estuarine wetland area. Lely Manor Canal — The Lely Manor "Main" Canal collects stormwater from within the Naples Manor subdivision, developments to the north, and from the drainage area to the northeast of Naples Manor subdivision. Storm water then flows west to the U.S. 41 culvert which discharges into a wide canal oriented east to west eventually discharging into a large fresh water marsh. The lower main begins south of the marsh and discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay. A number of smaller canals provide internal drainage for the Naples Manor subdivision and discharge into the U.S. 41 road ditch. Stormwater in the road ditch flows through three additional culverts and to the south and then to the west to the lower main canal. The proposed plan downstream of U.S. 41 is to increase the capacity of the main canal to provide flood relief for upstream areas. Additionally, a weir will be constructed to prevent over drainage of a large wetland marsh and a spreader lake will be constructed to prevent over drainage while eliminating the current problem of a freshwater point discharge. The plan will also create a new north/south canal system roughly along the east side of sections 30 and 31 of Township 50 South Range 26 East. The existing canals that currently divide a historic slough/flowway will be abandoned (by future development plans of the land owner), a pump station will be installed to re- hydrate the slough, capacity improvement will be made to the existing canals extending from U.S. 41, and a new discharge point will be created by constructing a spreader lake adjacent to another wetland flowway system that has been cut off from historic sheet flow for many years. Upstream of U.S. 41 the proposed plan will make capacity improvements to the north perimeter canal of Naples Manor, including construction of a weir at Warren Street to reduce current over drainage impacts to adjacent wetlands. Capacity improvements will be made to the canal along the north side of U.S. 41 to allow for lateral distribution of stormwater to all the culverts crossing K: \7599 Lely Outfall Basin\ Correspondences \Memo \09- 097YOS.MEM.doc Agenda Item No. 10E September 26, 2006 Page 63 of 69 beneath U.S. 41. For safety and capacity reasons, one existing channel within the Naples Manor subdivision will be enclosed in a pipe. Upstream of the Naples Manor subdivision, the southern end of the existing Rattlesnake Hammock slough will be bermed and a discharge weir constructed to prevent current over drainage into the north perimeter ditch of the Naples Manor subdivision. North of Rattlesnake Hammock Road the existing piecemeal system of ditches will be modified to create a manageable stormwater system. Strategically located culverts, weirs, and channel improvements will direct stormwater flow existing remnants of the northern end of the Rattlesnake Hammock slough. Weirs are located with control elevations to provide flood protection while keeping the adjacent wetlands as wet as possible. A major component of this reconstruction involves connecting the existing perimeter canals around the Wing South Airpark into the Lely Manor Basin canal system. The areas of wetland impact are at and near the proposed discharge spreader lakes, the wide main canal south of U.S. 41 and the lower main canal, the proposed new Region 5 East outfall canal, areas near the County's South County Water Reclamation Facility, and areas around the Wing South Airpark. The impacts are minimized by installation of weirs to maintain water levels and to promote replenishment of existing wetland areas in the lower and upper parts of this basin. A weir is proposed at the upper end of the lower main canal to maintain water levels in the fresh water marsh. A weir is also proposed north of the Wing South Airpark to maintain water levels in the extensive wetland preserve areas of developments to the north. The majority of wetland impacts of the proposed project are related to modifications involving excavating existing canals. However, there are some areas where new canal and spreader lake construction will create new wetland impacts, although extensive effort was made to avoid or minimize these impact areas. An easement is required across the parcels indicated on the exhibits for the purpose of construction of the described drainage facilities as well as access for maintenance of the system when constructed and in operation. K: \7599 Lely Outfall Basin\ Correspondences \Memo \09- 097YO5.MEM.doc 5 Agenda Item No. 10E September 26, 2006 Page 64 of 69 Staff has considered the following factors before concluding that this easement must be acquired, and this memo serves to summarize them for the Board's benefit. 1. Alternate Routes Alternate alignments and configurations of the proposed improvements have been exhaustively analyzed as part of the design and permitting process for the LASIP system. A detailed alternatives analysis was prepared for the permitting agencies and is presented in a document entitled "Lely Area Stormwater Improvement Project" dated October 2001. Throughout the permitting process each alternative configuration was reviewed and debated and it has been determined that the current design is the one that provides the most public benefit with the least environmental impacts. 2. Safety Factors Construction of the LASIP improvements will provide needed stormwater outfall capacity for the Basin and thereby reduce the threat and damage of flooding. 3. Lone Range Planning Factors The LASIP improvements are part of the County -wide plan to improve the level of service for flooding and flow -way enhancement within the Basin and further the stated goals, objectives, and policies of the drainage / stormwater management sub - element of the Collier County Growth Management Plan to unify and implement the County -wide Stormwater Management Plan that provides an acceptable level of service for stormwater controls and environmental management objectives. The project improves the LASIP regional stormwater management system and natural flowways within the area. K:17599 Lely Outfall BasinlCorrespondencesiMemo 109- 097Y05.MEM.doc 6 Agenda Item No. 10E September 26, 2006 Page 65 of 69 4. Environmental Factors The LASIP system has been designed to limit the amount of environmental disturbance as much as possible. Natural flowways and sloughs have been preserved and incorporated into the design as much as possible. A pump system has been included in the design to re- hydrate an existing wetland slough by pumping excess stormwater from within the LASIP system into the slough. Weirs have been incorporated in the design in order to avoid over - draining the Basin. Spreader lakes have been designed at the ends of the three major outfalls to disperse the discharge as sheet -flow to the receiving waters /wetlands. 5. Costs Cost to provide the LASIP improvements have been carefully considered as part of the alternatives analysis and design of the project. As the project has been refined during the design and permitting process, more specific costs have been developed and considered as part of developing a financially feasible construction phasing and Capital Improvement Program. The design of the improvements maximizes the improvement benefits while minimizing the amount of impact to the environment and adjacent properties. We are pleased to advise you that the construction of the first phase of this project is anticipated to commence during fiscal year 2006. Thank you -for your time and review of this vital information. K: \7599 Lely Outfall Basin\ Correspondences \Memo \09- 097YOS.MEM.doc 7 Agenda Item No. 10E September 26, 2006 Page 66 of 69 Co*eer-r County Memorandum To: James Mudd, County Manager EXHIBIT "D" From: Norman Feder, Administrator Transportation Services Division Date: April 3, 2006 Subject: Condemnation Resolution for LASIP Phase 1 On May 9, 2006 the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to construct portions of the Lely Area Stormwater Improvement Project ( LASIP). The property will provide the necessary land to construct a comprehensive stormwater outfall system for an area of East Naples formerly known as Water Management District #6 which has for years experienced an increasing level of drainage related problems. Obtaining all necessary LASIP State and Federal environmental permits has been has been a very long and arduous. An Environmental Resource Permit from the South Florida Water Management District was issued on October 13, 2004 authorizing construction and operation for phase one of the project and conceptual approval of all future phases and the remainder of the project. This phase one construction authorization expires on October 14, 2009 per special condition number one. All phase one construction must be completed prior to this date. Conceptual approval for the remainder of the project must be renewed every two years from date of issuance (October 13, 2004) by submittal of a permit modification application requesting construction authorization of the next phase. An Army Corps of Engineers permit was issued for the entire project on July 25, 2005. This is a construction authorization for the entire project which expires on July 25, 2015. With these two critical permits now issued, construction planning is well underway with commencement of a portion of phase one construction following the 2006 rainy season. Right of way (easement) acquisition is essential to complete phased construction of this project within the regulatory permit timelines. The following sections of LASIP are anticipated to commence construction this year. They are permitted with all necessary easements acquired. 1. The deepening and widening of a portion of approximately 5,200 feet of the existing Lely Branch Canal from Rattlesnake Hammock Road north to the southeast corner of the Kings Lake Community. Improvements to this section of canal will be completed in two phases. Pagel of 3 Agenda Item No. 10E September 26, 2006 Page 67 of 69 2. Restoration of 109 acres of property purchased adjacent to Collier Boulevard, located immediately north of the Naples Lakes Development, as required mitigation by the South Florida Water Management District and the Army Corps of Engineers. This work will proceed in phases. The first phase will include hand removal of all exotic vegetation in select areas. Subsequent phases will include mechanical clearing of exotics in other more heavily impacted areas followed by replanting with native species. An annual maintenance and monitoring program will also commence for a minimum of five years. A small passive park with a mulched trail and wildlife observation deck is also planned. 3. Construction of LASIP components associated with the Rattlesnake Hammock Road Improvement Project. This includes installation of approximately 3,500 feet of box culvert which will convey offsite stormwater flows to the west and south. 4. Construction of LASIP components associated with the four laning of County Barn Road. This includes approximately 6,600 feet of box culvert and 4,300 feet of open ditch LASIP elements planned to commence construction in 2007 and 2008 that are permitted but require easements and are: 1. The deepening and widening of approximately 1,900 feet of the Lely Main Canal from the north side of US 41 to the south side of Rattlesnake Hammock Road. 2. Construction of the Treviso Bay (AKA Wentworth Estates) Lely Manor East Outfall Canal, approximately 7,100 feet in length. This includes a seven (7) acre spreader lake located at the downstream (southern) end of the project and a stormwater pumping station located at approximately the canal's midpoint. The pumping station will lift surface water out of the canal and direct it into a wetland located on Treviso Bay property with an ultimate discharge into Rookery Bay National Estuarine Research Reserve. The Treviso Bay Development has committed to convey to Collier County all LASIP easements necessary within their project area. The remaining easements necessary to construct the Lely Manor East Outfall Canal are all located adjacent to Treviso Bay Development. Construction of LASIP is currently planed to occur in a total of six (6) phases with each phase including several elements indifferent locations during years 2006 through 2011. Depending on funds available this work may be required to be distributed over an additional 2 to 3 years. Some future phases include elements currently only conceptually designed which will require additional easements. The easements included in this condemnation resolution make comprise all parcels necessary to complete construction through the first three phases. The LASIP Construction Phasing Plan is attached. Also attached is a technical memorandum from Daniel W. Brundage, P.E. with the firm of Agnoli, Barber and Brundage, Inc., Professional Engineers, Planners, and Land Surveyors. This memorandum summarizes the factors necessary to consider approval of the Condemnation Resolution for acquisition of all parcels necessary for construction of elements 1 and 2 of the Page 2 of 3 PREPARED 8 Y.' COLLIER COUNTY TRANSPORTATION SERVICES DIVISION STORMWATER MANAGEMENT DEPARTMf:N I Agenda Item No. 1 O September 26, 2006 Page 1 of 14 EXECUTIVE SUMMARY REVIEW AND APPROVE THE FY 2007 ANNUAL WORK PLAN FOR THE COUNTY MANAGER OBJECTIVE: To approve the annual work plan for the County Manager. CONSIDERATIONS: The County Manager reports directly to the Board of County Commissioners. In order to assure that his work performance is coordinated with the direction of the full Board, an annual work plan is developed by which the County Manager will be graded throughout the fiscal year. The County Manager's present contract requires that this work plan be developed in good faith between the Board of Country Commissioners and Employee and adopted by the Board prior to October 1 of each fiscal year for implementation in the next fiscal year. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT: There is no growth management impact associated with this item. RECOMMENDTION: That the Board of County Commissioners review and approve the FY -2007 Annual Work Plan for the County Manager. Prepared b J es V. Mudd, County Manag r Agenda Item No. 1 O September 26, 2006 Page 2 of 14 The County Manager is tasked with carrying out the policy direction provided by the Board of County Commissioners. He is by ordinance to provide leadership for the day - to -day operations of the employees of the Board of County Commissioners. The following Action Plan is developed in an effort to provide clear expectations for the County Manager for the period from August 2006 through September 2007. The Action plan is based on the broad areas generally expected to be performed by the Executive Officer, including: communications, leadership, organizational direction, financial oversight, personnel, growth and capital project management. This part of the action plan represents 40% of the annual evaluation weight. Each Goal for the FY will also be evaluated and will represent the remaining 60% of the annual evaluation weight. These areas are further categorized as to their pertinence and support of the FY 07 Strategic Focus Areas (SFA) and their Goals for Collier County that are enumerated below: It is Collier County's Vision - To Strive to be the Best Community in America to Live, Worth and Play. From this 0-s /on flows the statement of our County's Mission - To Deliver High Qua /ity, Best-Value Public Services, PrWrams, and facilities to our Residents and VI-s&vm The County Mission will be accomplished by dedicating its resources and efforts to the following Strategic Focus Areas (SFA) with their corresponding goals. SFA. Y. Aleighborhood Preservaadon di Enhancement - To preserve and enhance the safety, quality, value, character, and heritage of our neighborhoods, communities and region. SFA. Z. Grnwt h Management - To responsibly manage community growth, development and redevelopment, while enhancing the natural environment. SFA. 3. Community Health and Human Services - To Improve the quality of life and promote personal self - reliance and independence through improved access to community health care and human services for those most in need. SFA. 4, Mobility - To provide for the various mobility needs of the community and the region while respecting and enhancing the character of the diverse neighborhoods. SFA. 5. Economic Development - To help create a business climate that promotes a diversified, growing economy consistent with the established growth management plans and community desires. SFA. 6. Local Governance - To sustain public trust & confidence in County government through sound public policy decisions, expert professional management and active citizen participation. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Manager's performance by rating each of the following performance objectives on a 1 to 3 scale. Individual evaluations will be totaled and averaged to determine the Board's collective position. Page 1 of 12 Agenda Item No. 1 O September 26, 2006 Page 3 of 14 The following areas of Communications; Leadership /Organizational Direction; Personnel Management support the Strategic Focus Area 6 - Local Governance - To sustain public trust & confidence in County government through sound public policy decisions, expert professional management and active citizen participation. COMMUNICATIONS Below standards Meets Standards Exceeds standards 1 2 3 CA (Internal) The County Manager will be expected to provide the BCC with timely and accurate responses to requests for information, as well as, coordinating drafts for plans, fees and controversial L.2 The County Manager will ensure that all ordinances with the BCC members before the executive summary reports provided to the Board information goes public. have specific and clear recommendations. C.2 (External) The County Manager will be expected L.3 The County Manager will provide opportunities to provide information to the public through a for the Board of County Commissioners to discuss minimum of one speaking engagement per month on and set proactive policy direction on key community average, as well as, developing new means to provide issues. information to the public regarding County information. C.3 (External) The County Manager will be expected to ensure that the organization has systems in place to ensure that the general public is responded to in a timely and accurate manner. Also, improve Public Relations by providing more understandable and complete information to the public. LEADERSHIP/ ORGANIZATIONAL DIRECTION Below standards Meets standards Exceeds standards 1 2 3 LA The County Manager will ensure that there is a clear direction that is communicated throughout the organization. L.2 The County Manager will ensure that all executive summary reports provided to the Board have specific and clear recommendations. L.3 The County Manager will provide opportunities for the Board of County Commissioners to discuss and set proactive policy direction on key community issues. Page 2 of 12 Agenda Item No. 1 O September 26, 2006 Page 4 of 14 PERSONNEL MANAGEMENT Below Standards Meets Standards Exceeds Standards 1 2 3 P.1 The County Manager will ensure that the County follows the Board's established policies for the hiring and management of its employees. approved by DCA, and prepare implementing LDC P.2 The County Manager will provide to the Board an annual pay plan as part of the budget that will provide for an organized means for salary administration. amendments. The following area of Growth Management supports Strategic Focus Areas SFA. I. Neighborhood Preservation & Enhancement — To preserve and enhance the safety, quality, value, character, and heritage of our neighborhoods, communities and region; SFA. 2. Growth Management — To responsibly manage community growth, development and redevelopment, while enhancing the natural environment, and SFA. S. Economic Development — To help create a business climate that promotes a diversified, growing economy consistent with the established growth management plans and community desires. GROWTH MANAGEMENT Below Standards Meets Standards Exceeds Standards 1 2 3 G.1 The County Manager will continue to provide staff focus to get the 2nd EAR GMP amendments approved by DCA, and prepare implementing LDC amendments. G.2 County Manager will supervise the revision; reorganization; update of outdated and obsolete provisions of the Land Development Code (LDC). The BCC will provide guidance to the staff to these ends. G.3 County Manager will continue to implement measures to improve customer service in CDES. Expected outcome is to get permits and development review items back to the public within established standards, and to reduce the number of repetitive reviews. Increase the number of approvals to 75% after the 2d review. Page 3 of 12 Agenda Item No. 10F September 26, 2006 Page 5 of 14 GROWTH MANAGEMENT Con't Below standards Meets Standards Exceeds Standards 1 2 3 G.4 The County Manager will provide staff coordination through a series of citizen committees to study and implement numerous community planning initiatives. The following areas of Capital Project and Financial Management support Strategic Focus Areas SFA. 1. Neighborhood Preservation & Enhancement - To preserve and enhance the safety, quality, value, character, and heritage of our neighborhoods, communities and region: SFA. 4. Mobility - To provide for the various mobility needs of the community and the region while respecting and enhancing the character of the diverse neighborhoods. and SFA. 6. Local Governance - To sustain public trust & confidence in County government through sound public policy decisions, expert professional management..... CAPITAL PROJECT MANAGEMENT Below Standards Meets Standards Exceeds Standards 1 2 3 CP.1 The County Manager will provide a capital budget that will clearly describe the capital projects proposed for the following fiscal year along with the proposed means for funding such projects. CP.2 The County Manager will provide regular updates to the County Commission on key capital projects in a manner which is easy to understand and timely. CP.3 The County Manager will ensure that for each key capital project that there is clearly established responsibility, budgets and schedules for each. The Manager will also implement business processes that will control costs and cost overruns. Page 4 of 12 Agenda Item No. 1 O September 26, 2006 Page 6 of 14 FINANCIAL MANAGEMENT Below standards Meets standards Exceeds standards 1 2 3 F.1 The County Manager will present an opportunity annually, prior to the development of the annual budget, for the County Commission to have a policy level discussion regarding the next year's annual budget. F.2 The County Manager will develop an annual budget that will be presented to the County Commission in workshop format and then again in accordance with statute for public participation through a series of two separate public hearings. Continue to make improvements to the budgeting nxess. F.3 The County Manager will present a budget for FY08 that will not cause the BCC to have to raise the ad valorem millage rate to compensate for a growth slow down in FY07 and a corresponding devaluation of prope ty values. F.4 The County Manager will provide annual updates of user fees and other non -Ad Valorem revenue, i.e. impact fees rants etc. F.5 The County Manager will work cooperatively with the Clerk of Courts on the preparation of the CAFR and respond promptly and thoroughly to any issues raised by the external auditors. Page 5 of 12 Agenda Item No. 1 O September 26, 2006 Page 7 of 14 Goals for Fiscal Year 2007: I will continue to build on the successes of this year and inculcate many of the changes that have been made. Creating a better work environment, finding the best employees, keeping and improving them, focusing on how to conduct business with better customer service results, making internal changes that result in work being done smarter, faster, more efficiently or effectively. The Manager's agency is changing to a self initiating and correcting organization at all levels. We are making the "routine" truly routine, and we all know that great organizations do routine things routinely! This will require continued improvement in our planning, refining assignments and responsibilities, and establishing/maintaining accountability. Specific areas of improvement that I propose as part of next year's action plan would include: 1. Following through on the County's New Strategic Plan for 06/10. Finalize a long range County plan for infrastructure improvements East of CR 951, along with a solid financial plan that supports it. The East of 951 Study is very important to the County. We need to make sure that the resources, expertise and dedication are applied Countywide to this study to make it a success. Implement the new BCC approved strategic plan and align the organization around that plan. 2. Community Development. We will continue to focus on improving the business processes within the Division and amending the codes to manage growth better and instill smart growth tenets. Complete the process improvement analysis which began in FY06 in the Environmental Department and subsequently carried through the Department of Zoning and Land Development Review and the Building Review and Permitting Department. In addition, conduct at least 2 PUD /IOU workshops; continue to manage the FIRM restudy process as renegotiated with FEMA; implement resulting development review business process improvements, including establishment of product turnaround metrics. Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin 2. Community Development. We will continue to focus on improving the business processes within the Division and amending the codes to manage growth better and instill smart growth tenets. Complete the process improvement analysis which began in FY06 in the Environmental Department and subsequently carried through the Department of Zoning and Land Development Review and the Building Review and Permitting Department. In addition, conduct at least 2 PUD /IOU workshops; continue to manage the FIRM restudy process as renegotiated with FEMA; implement resulting development review business process improvements, including establishment of product turnaround metrics. Page 6 of 12 Below Standards Meets Standards Exceeds Standards 1 2 3 [—Rating Page 6 of 12 3. Agenda Item No. 1 O September 26, 2006 Page S of 14 Improved use of technology and web site. The technology in place is capable of much more than is currently utilized. AIMS, GIS, SAP, and Novus (the new paperless agenda) are all examples of exploitable technology within our grasp. This next year we will overhaul Novus; replace the outdated CDES automation system; Upgrade SAP; and Automate Capital Project tracking and Project Management. 4. Succession Planning. Continue developing what is known as "bench strength" or developing a management team below the Division and Department level of people who are skilled, ready and able to step into higher management positions. Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin 4. Succession Planning. Continue developing what is known as "bench strength" or developing a management team below the Division and Department level of people who are skilled, ready and able to step into higher management positions. 5. Development of more regional strength at the State Legislative level. Continue to strengthen relationships that have been formed between Collier, Lee, Charlotte, Sarasota and Hendry Counties to develop even more unified positions on issues that affect Southwest Florida from Tallahassee. Below Standards 1 Rati n Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin 5. Development of more regional strength at the State Legislative level. Continue to strengthen relationships that have been formed between Collier, Lee, Charlotte, Sarasota and Hendry Counties to develop even more unified positions on issues that affect Southwest Florida from Tallahassee. Below Standards 1 Rati n Below Standards Meets Standards Meets Standards Exceeds Standards 2 3 Ratin 6. SB360 Glitch Bill. Make sure that we stay on top of SB360 and its impact on the County Growth Management Plan; Make the required State deadlines. Work to correct the needed "glitches" to the state's Growth Management Bill. Implement updated Concurrency Management System with Proportionate Share. 7 Federal Lobb i�st. - Cultivate interactive, interdependent relationships with our federal lobbyists and key legislative aids and Representatives and Senators in Washington, D.C. Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin Federal Lobb i�st. - Cultivate interactive, interdependent relationships with our federal lobbyists and key legislative aids and Representatives and Senators in Washington, D.C. Page 7 of 12 Blow Standards Meets Standards Exceeds Standards 1 2 3 Ratin Page 7 of 12 Agenda item No. 1 OF September 26, 2006 Page 9 of 14 8. Successful capital project management. FY05 will see another large capital construction program. Managing these projects to successful and timely completion will be a priority. Road Improvement Projects of Interest: a. b. C. d. e. f. g• h. i. j• Golden Gate Overpass Goodlette -Frank Road Immokalee Road Rattlesnake- Hammock Road Vanderbilt Beach Road Collier Blvd. Oil Well Road. multi- laning County Barn Road Santa Barbara Blvd. CR 951 (North & South) Critical Utility Improvement Projects: a. b. C. d. e. f. 9. South County Water Plant and Wellfield Expansion North County Sewer Plant Alignment Wellfield Reliability and Expansion Program Reclaimed Water ASR NE Regional Water Treatment and Water Reclamation Facilities Reclaim Cells 1 &2 at the Landfill Naples Recycling Center Improvements Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin Critical Utility Improvement Projects: a. b. C. d. e. f. 9. South County Water Plant and Wellfield Expansion North County Sewer Plant Alignment Wellfield Reliability and Expansion Program Reclaimed Water ASR NE Regional Water Treatment and Water Reclamation Facilities Reclaim Cells 1 &2 at the Landfill Naples Recycling Center Improvements Public Safety Projects: a. New Emergency Services Center b. Sheriff Special Operations Center c. EMS -19 Station (Santa Barbara) d. Estates (Orangetree) Sheriffs Substation Below Standards Meets Standards Exceeds Standards 1 2 3 —Rating Public Safety Projects: a. New Emergency Services Center b. Sheriff Special Operations Center c. EMS -19 Station (Santa Barbara) d. Estates (Orangetree) Sheriffs Substation Page 8 of 12 Below Standards Meets Standards Exceeds Standards 1 2 3 —Rating Page 8 of 12 Agenda Item No. 1 OF September 26, 2006 Page 10 of 14 Other Significant County Projects a. Collier Blvd. Boat Park b. Goodland Boat Ramp c. Courthouse Annex d. Multi -year Arterial Landscape program e. FPL and Collier Blvd. Greenway Projects f. Marco South/Caxambas Pass Beach Renourishment Project g. Eagle Lakes Community Park h. Golden Gate Library i. Marco Island Rose Hall Addition j. South Regional Library. k. Gordon River Water Quality Park 1. Restoration of the Naples Depot, Phase II m. Sheriff and County Fleet Maintenance Facility n. Manatee Community Park o. Lely Area Stormwater Improvement Project (LASIP) 9. Overall Operational Improvements: A. In conjunction with the Collier County School Board, develop implementation plans to comply with the mandates for school concurrency as defined in the state Growth Management Bill — S13360. Adopt Public Schools Facilities Element with school concurrency component and revised interlocal agreement focused on adoption by BCC and School Board prior to March 1, 2007. Below Standards Meeks Standards Exceeds Standards 1 2 3 —Rating 9. Overall Operational Improvements: A. In conjunction with the Collier County School Board, develop implementation plans to comply with the mandates for school concurrency as defined in the state Growth Management Bill — S13360. Adopt Public Schools Facilities Element with school concurrency component and revised interlocal agreement focused on adoption by BCC and School Board prior to March 1, 2007. B. Conduct a Citizen Survey — Jan/ Feb. 2007. Below Standards Meets Standards Exceeds Standards 1 2 3 RBti n B. Conduct a Citizen Survey — Jan/ Feb. 2007. Page 9 of 12 Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin Page 9 of 12 Agenda Item No. 1 O September 26, 2006 Page 11 of 14 C. Implement Next Stage of Contract Administration Plan Initiatives. a. Develop, recommend, and implement changes to purchasing policy b. Develop and implement Advanced W.O. procedures c. Implement reverse auction and online bidding technology and process d. Assist in implementing SAP e. Develop and implement procedures to verify that County vendors are employing legal workers f. Implement a contract "Close Out' reporting system D. Guide the continued implementation of the Operations Management Tracking System (Ops Track) that measures efficiency, productivity and effectiveness. Make required refinements. Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin D. Guide the continued implementation of the Operations Management Tracking System (Ops Track) that measures efficiency, productivity and effectiveness. Make required refinements. E. Streamline the recruitment & selection process. a. Continue to prioritize retention of our employees (including work force housing assistance & alternative work schedule initiatives) b. Continue to improve and look for new ways to recruit top candidates c. Continue to market and improve employee recognition program d. Get new applicant tracking and recruiting software up and running Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin E. Streamline the recruitment & selection process. a. Continue to prioritize retention of our employees (including work force housing assistance & alternative work schedule initiatives) b. Continue to improve and look for new ways to recruit top candidates c. Continue to market and improve employee recognition program d. Get new applicant tracking and recruiting software up and running F. Open On -Site Primary Care Clinic. Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin F. Open On -Site Primary Care Clinic. Page 10 of 12 Below Standards Meets Standards Exceeds Standards 1 2 3 Rati n Page 10 of 12 Agenda Item No. 14F September 26, 2006 Page 12 of 14 G. Improve emergency preparedness planning & response capabilities. a. Continue Emergency Management team development within the community toward building a disaster ready and disaster resistant community. b. Continue to improve our antiquated communications hardware in support of the existing EOC, alternate EOC, and equipment to ultimately transfer to the new EOC. c. Closely monitor the efforts of the proposed helicopter fleet study. d. Refine and exercise the County Pandemic Emergency Plan e. Explore low -power radio station option for Collier County to serve as an emergency information outlet f. Continue to implement the `Pet Friendly' shelter initiative H. Increase the tourist tax revenue by 5% over FY 06. Increase summer hotel occupancy by 3% and increase inquiries to our tourism web site by 30 %. Below Standards Meets Standards Exceeds Standards 1 2 3 Rating H. Increase the tourist tax revenue by 5% over FY 06. Increase summer hotel occupancy by 3% and increase inquiries to our tourism web site by 30 %. I. Continue to implement the beach access initiatives to include land purchases, retention of consultants for construction design and permits and finalize an inter -local agreement with Rookery Bay for use of state owned land on Keewaydin Island for public access. Below Standards Meets Standards Exceeds Standards 1 2 3 Rati n I. Continue to implement the beach access initiatives to include land purchases, retention of consultants for construction design and permits and finalize an inter -local agreement with Rookery Bay for use of state owned land on Keewaydin Island for public access. Develop a comprehensive land use plan for the landfill property, locking it down for our future solid waste management needs. We will set in motion the comprehensive land use plan for the landfill following the November, 2006 BCC workshop, and lock down with both vision and a feasible strategy our methodologies (ends, ways and means) for the County's future solid waste disposal requirements. Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin Develop a comprehensive land use plan for the landfill property, locking it down for our future solid waste management needs. We will set in motion the comprehensive land use plan for the landfill following the November, 2006 BCC workshop, and lock down with both vision and a feasible strategy our methodologies (ends, ways and means) for the County's future solid waste disposal requirements. Page 11 of 12 Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin Page 11 of 12 Agenda Item No. 1 O September 26, 2006 Page 13 of 14 K. Address the Irrigation Quality Water Master Plan and Policy. Develop a policy to meet the growing demands for customer irrigation water needs. L. Develop an overall, 20 year capital funding strategy involving cash, commercial paper, bonds, and SRF funding for water and sewer capital projects. Below Standards Meets Standards Exceeds Standards 1 2 3 [-Rating L. Develop an overall, 20 year capital funding strategy involving cash, commercial paper, bonds, and SRF funding for water and sewer capital projects. M. Implementation a new automated capital projects tracking software application that will provide a "dash board" feature for on -demand project status reports. Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin M. Implementation a new automated capital projects tracking software application that will provide a "dash board" feature for on -demand project status reports. N. Predicated on Board funding, initiate Watershed Management Plan studies and associated Long Range Stormwater Management Plans. Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin N. Predicated on Board funding, initiate Watershed Management Plan studies and associated Long Range Stormwater Management Plans. O. Improve Grants Management a. Develop grant manual b. Create grant opportunity database c. Monitor and implement grant coordination policy d. Revise and distribute grant coordination brochure e. Begin development of user friendly monitoring program f. Investigate grant management systems and facilitate work group Below Standards Meets Standards Exceeds Standards 1 2 3 Ratin O. Improve Grants Management a. Develop grant manual b. Create grant opportunity database c. Monitor and implement grant coordination policy d. Revise and distribute grant coordination brochure e. Begin development of user friendly monitoring program f. Investigate grant management systems and facilitate work group Page 12 of 12 Below Standards Meets Standards Exceeds Standards 1 2 3 [—Rating Page 12 of 12 Agenda Item No. 10F September 26, 2006 Page 14 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10F Item Summary: Review and approve the FY2007 Annual Work Plan for the County Manager. Meeting Date: 9126/2006 9:00:00 AM Approved By James V. Mudd County Manager Date Board of County 9120!2006 9:50 AM County Manager's Office Commissioners Agenda Item No. 10G September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to confirm their direction regarding purchase authorization for Conservation Collier properties within North Golden Gate Estates Unit 53 as property values increase. OBJECTIVE: To receive confirmation from the Board of County Commissioners (BCC) as to their direction to allow staff to process properties for purchases within the North Golden Gate Estates (NGGE) Unit 53 Project as property values increase above original projections. CONSIDERATION: North Golden Gate Estates Unit 53 is a 285 -acre unit, comprising 101 privately owned lots ranging in size from 1.14 to 9.16 acres. The entire unit consists of undeveloped wetlands lying adjacent to state -owned conservation land. There are no homes or electric service and the 2 existing roads are unpaved. Board approval was given on June 22, 2004, Agenda Item 16A2, for the Conservation Collier Program to purchase lots within Unit 53 as they became available without further evaluation and ranking. At that time, market property values were approximately $15,000 per acre. Staff projected these values to rise 10% annually over 5 years, or 61%. The actual increase over only 2 years was 167 %. The value of the smallest parcels (1.14 acres) has increased even more. Although staff did not propose value projections as a "cap," the staff recommendation to the Board was based partly on this estimated value. Because of the substantial difference in property values, staff desires to receive Board direction to acquire Unit 53 properties at costs higher than the original projection. In 2006, responding to dramatically rising property costs, the Collier County Property Appraiser raised the assessed values in Unit 53 to $43,000 per acre, and is now taxing owners on that value. Conservation Collier, in its approved purchase policy, has committed to offering property owners 100% of fair market value as established by appraisal. Current appraisals are giving values of close to $40,000 per acre. As additional properties within Unit 53 are offered for sale to Conservation Collier, appraisal values of greater than $40,000 per acre are expected. In reviewing purchases in this area, staff anticipates that property values may reach $55,000 per acre within the next several years. Currently, the Conservation Collier Program has purchased, or has under contract, 28 parcels, totaling 81.25 acres, for which it has paid $2,211,900 (an average of $27,223 per acre), encompassing 28% of lands in Unit 53 (See map attachment 1). Seventy -three (73) parcels remain to be purchased. Of these, 47 are larger than 1.14 acres (approx. 174 acres), and 26 are l .14 acres (approx 30 acres) in size. The Conservation Collier Land Acquisition Advisory Committee met on September 11, 2006, and after reviewing this Executive Summary has recommended that staff continue processing applications within the Golden Gate Estates Unit 53 area and return to the Board for further 'I- Agenda Item No. 10G September 26, 2006 Page 2 of 4 guidance if the range of average values for larger and smaller parcels rises above $55,000 per acre. FISCAL IMPACT: Separate individual evaluation of parcels has been calculated to cost approximately $1,000 in staff time for each property report generated. Additionally, having property owners wait to go through the entire evaluation process presents two risks: that someone else will make an offer and be able to come to contract sooner and that property values will continue to escalate, making these properties more expensive. Eliminating the need to evaluate separate parcels, and allowing for blanket project approval to buy up to a specific amount will save approximately $73,000 in staff time if reports had to be evaluated for all the properties within NGGE Unit 53. While the smaller parcels may already exceed the newer $55,000 projection, the larger ones (63% of the remaining parcels) are projected to fall within the range of the approval being sought. At $47,500, a median value between $40,000 and $55,000 per acre, excluding 1.14 acre parcels, a total projected value of the remainder of the project is approximately $8.2 million. The Conservation Collier Program currently has approximately $16 million remaining uncommitted of the approved $75 million, so this value falls within the current budget for the Program GROWTH MANAGEMENT IMPACT: Fee - simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board confirm its direction to staff for the NGGE Unit 53 Conservation Collier project, with staff to return for additional approvals if average values rise higher than updated projections, considering a range of values for smaller and larger parcels. Each of these contracts will be brought back to the Board for final approval. Prepared by: Alexandra J. Sulecki, Sr. Environmental Specialist, Environmental Services Department attacnmenL Red Maple Swamp Preserve (Unit 53) Agenda Item No. 10G September 26, 2006 Page 3 of 4 c�„'.w ar pis awn«. w ceuti a,�m r �va•� Le9' c��+ ��wro •��w•n..,aae++nbewrvxF?�+�zam �„n.N iw CO1'COi1711'ij '4.. -_ Parcels under contract or negotiations Owned b CREW or other Count De Agenda Item No. 10G September 26: 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10G Item Summary: Recommendation for the Board of County Commissioners to confirm their direction regarding Purchase authorization for Conservation Collier properties within North Golden Gate Estates Unit 53 as property values increase. (Alex Suleckl, Senior Envionmental Specialist, Environmental Services) Meeting Date: 912612006 9:00:00 AM Approved By William D. Lorenz, Jr., P.E. Environmental Services Director Date Community Development & ' Environmental Services Environmental Services 911212006 11:36 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Adrnin, 9/1212006 7:48 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 9/13/2006 8:01 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrafor Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9113,2006 9:23 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911 312006 10:02 AM Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management & Budget 9.!1512006 11:01 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9;1612006 9:13 AM Agenda Item No. 10H September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the attached 16 Impact Fee Deferral applications and approve the Permanent Resident card as substantial proof of residency. OBJECTIVE: That the Board of County Commissioners (BCC) approve the attached 16 Impact Fee Deferral Agreements authorized by the Collier County Consolidated Impact Fee Ordinance in Chapter 74 of the Collier County Code of Laws and Ordinances, as amended, that specifies only citizens of the United States or legal aliens who are permanent residents of the United States can qualify for Impact Fee Deferrals and to approve the permanent resident alien card as substantial proof of legal residency. CONSIDERATIONS: On July 26, 2005, the Board of County Commissioners (BCC) adopted an amendment to Chapter 74 of the Code establishing the County -wide Impact Fee Deferral Program for affordable housing. On July 25, 2006, the County Commission incorporated language into the Impact Fee Ordinance that restricted recipients of the Collier County Impact Fee Deferral Program to be either citizens of the United States or legal residents who permanently reside in the United States with knowledge and permission from the United States Immigration and Naturalization Service (INS). The BCC gave staff the authority to approve such qualifying applications if the applicant produced one of four original official documents. Those documents are: 1) United States Passport 2) Certificate of United States Citizenship 3) Certificate of Naturalization 4) Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal Legal residents who could not produce one of these documents are to be reviewed and approved on a case by case basis by the BCC. Attached is a separate document detailing 16 applications for impact fee deferrals from legal residents who have produced alternate documentation for consideration by the BCC. Staff recommends adding an original Permanent Resident Card to the list of administratively approved documentation. FISCAL IMPACT: There is adequate funding in the Impact Fee Deferral Program for approval of these 16 applications totaling $166,983.91. GROWTH MANAGEMENT IMPACT: Impact fee deferrals are part of the County's strategy to increase the supply of affordable housing meeting the Goals, Policies and Objectives of the Housing Element of the Comprehensive Plan. Agenda Item No. 1 O September 26, 2006 Page 2 of 4 LEGAL CONSIDERATIONS: This request is internally consistent, complies with all applicable laws and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the BCC approve the attached 16 Impact Fee Deferral Agreements based on the Collier County Consolidated Impact Fee Ordinance in Chapter 74 of the Collier County Code of Laws and Ordinances, as amended and approve the permanent resident card as substantial proof of residency. Prepared By: Lauren Beard, SHIP Program Coordinator Operations Support and Housing Agenda Item No. 10H September 26, 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ..... Item Number: 10H This item to be heard at 10:00 a.m. Recommendation to approve the attached 16 Impact Fee Item Summary: Deferral applications and approve the Permanent Resident card as substantial proof of residency. (Denny Baker, Director, Financial Administration and Housing) Meeting Date: 9/26/2006 9:00:00 AM Prepared By Cormac Gibiin Housing Development Manager Date Community Development & Financial Admin. & Housing 8131/2006 1:32:06 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 9/1212006 3:29 PM Environmental Services Environmental Services Admin. Approved By Amy Patterson Impact Fee Manager Date Community Development & Financial Admin. & Housing 911412006 11:28 AM Environmental Services Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 911412006 8:12 PM Environmental Services Environmental Services Admin. Approved By Denton Baker Financial Admin & Housing Director Date Community Development & Financial Admin. 8 Housing 911 512 006 12:01 PM Environmental Services Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9118/2006 9:35 AM Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management & Budget 9118/2006 11 :18 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9118/2006 4:48 PM Commissioners File # Address Permanent Resident Impact Fee Amount 06- 025 -IF 4420 Botanical Place, #105 X $ 7,159.27 06- 069 -IF 13635 Legacy Lane X $ 12,143.84 06- 084 -IF 13281 Pasedo Drive X $ 12,143.84 06- 087 -IF 12293 Pasedo Drive X $ 12,143.84 06- 128 -IF 7358 Bristol Circle X $ 12,258.56 06-130-IF 13667 Legacy Lane X $ 12,143.84 06- 131 -IF 13611 Legacy Lane X $ 12,143.84 06- 132 -IF 13607 Legacy Lane X $ 12,143.84 06- 133 -IF 13583 Legacy Lane X $ 12,143.84 06- 134 -IF 13663 Legacy Lane X $ 12,143.84 06- 138 -IF 13587 Legacy Lane X $ 12,143.84 06 -140 -IF 1413 America Way X $ 8,158.66 06 -145 -IF 1435 Peace Way X $ 8,158.66 1 1377 America Way X $ 5,643.40 6 1381 America Way X $ 8,155.40 7 1385 America Way X $ 8,155.40 166,983.91 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Agenda Item No. 10H September 26, 2006 Page 4 of 4 Agenda Item No. 101 September 26, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to award bid number 06 -3996R to Akerman Construction Company, Inc. in the amount of $18,330,133.00 for construction of the CR 951 Water Main from Davis Boulevard to US 41, and to approve the necessary budget amendments, Projects 70151 and 70152. OBJECTIVE: For the Board to award a contract for construction of the CR 951 Water Main that will connect to existing mains at Davis Boulevard and at US 41. The public purpose is to provide additional water quantity and pressure for customers along and east of CR 951 and to supply water to existing and proposed water storage facilities on Manatee Road. CONSIDERATIONS: The scope of work includes the construction of approximately 30,000 feet of 36 -inch and 30 -inch water main along CR 951 from Davis Boulevard to US 41. This project is consistent with the 2005 Water Master Plan Update that was adopted by the Board on June 6, 2006, Agenda Item 10 (B). The Board approved a contract for design of this project on December 16, 2003, Agenda Item 16 (C) 19. On May 22, 2006, the project was advertised for bids and on June 21, 2006, two bids were received. The Board rejected both bids on July 25, 2006, Agenda Item 16 F 1 -C because both were more than $6 million over the engineer's estimate. On July 28, 2006, the project was re- advertised for bids and two hundred six notices were sent. Prospective bidders purchased twenty -nine sets of bidding documents and on August 28, 2006, seven bids were received for the project as follows: Company Bid Akerman Construction Company, Inc. $18,330,133.00 John Reynolds & Sons, Inc. dba Reynolds, Inc. $18,764,635.00 Island Pipeline, LLC $18,769,953.39 Mitchell & Stark Construction Company, Inc. $19,171,480.00 Lanzo Construction Co. Florida $19,190,086.00 Rockdale Pipeline, Inc. $19,231,809.60 Douglas N. Higgins, Inc. $19,873,146.00 The revised engineer's estimate for the project was $17,799,240.00. Akerman Construction Company, Inc. was the lowest, responsive bidder and they have a satisfactory performance record on previous projects, in Collier County and elsewhere, involving similar work. In consideration of this, the engineer and County staff recommend award of this bid to Akerman Construction Company, Inc. . Staff also recommends a contingency of $1,833,013.00 to be used for any necessary changes up to ten percent of the contract amount. Executive Summary Award Bid Page 2 Agenda Item No. 101 September 26, 2006 Page 2 of 12 FISCAL IMPACT: A total of $20,163,146.00 is needed for the bid amount of $18,330,133.00 plus a construction budget contingency of $1,833,013.00. Funds in the amount of $12,774,530.00 are available in project numbers 70151, 70152, and 70153 for this project from water impact fees (Fund 411) in the 2006 Fiscal Year Capital Improvement Budget that was approved by the Board on September 22, 2005. A budget amendment in the amount of $1,652,884.00 is needed to transfer funds from project 70150 — VBR Parallel 24" Water Main to projects 70151 and 70152. A budget amendment in the amount of $2,371,100.00 is needed to transfer funds from project 70300 — Immokalee Road Water Main to projects 70151 and 70152. A budget amendment in the amount of $3,364,632.00 is needed to transfer the needed additional funds from water impact fee reserves to projects 70151 and 70152. GROWTH MANAGEMENT IMPACT: The Project is consistent with, and furthers the goals, objectives and policies of, the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water Sewer District: 1. Award and authorize the Chairman to execute a standard County contract, after County Attorney review, for construction of the CR 951 Water Main from Davis Boulevard to US 41 in the amount of $18,330,133.00 to Akerman Construction Company, Inc. 2. Allocate an additional $1,833,013.00 in contingencies for construction. 3. Approve the necessary budget amendments. PREPARED BY: Ronald F. Dillard, P.E., Senior Project Manager, Public Utilities Engineering Department. Agenda Item No. 101 September 26. 2006 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 101 Item Summary: Recommendation to award bid number 06 -3996R to Akerman Construction Company, Inc. in the amount of $12,330.133.00 for construction of the CR 851 Water Main from Davis Boulevard to US 41, and to approve the necessary budget amendments. Projects 70151 and 70152. IJim DeLony, Administrator, Public Utilities) Meeting Date: 9126/2006 9.00.00 AM Prepared By Ronald F. Dillard, P.E. Senior Project Manager Date Public Utilities Public Utilities Engineering 8131/2006 3:05:33 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 91512006 4:14 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 91512006 4:36 PM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 9/7/2006 9:26 AM Approved By Rey B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 91712006 3:57 PM Approved By Jack P. Curran Purchasing Agent Date Administrative Services Purchasing 9,11/2006 10:15 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 911112006 2:31 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 911112006 2:32 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9113/2006 2:31 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9114/2006 1:47 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 9/1812006 6:36 PM Approved By James V. 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IL LO 0 w 4n M th N CO C Lo V O r E9 d9 69 w 69 to N N N iR 'C 6q E9 tH ER CH Ei? 00 0 0 0 0 0 0 0 0 0 0 0 0 O 00 0 0 0 0 0 0 0 0 0 0� 0 0 yy O O 0088800 0 0 0 C 0 0 0 CO�p V' C U 'C O O 0 0 0 0 0 0 0 0 0 00 0 T �- v 0 Cn r- CO CO of N c� M r CO V' co N O �• N M r 0 0 M di 6R t+ 69 v w W 6969wiR � C O 6969 ww6969 _O S 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z O O 0 0 0 0 0 0 0 0 0 0 0 0 to w CO Lo 0 0 0 0 0 0 0 0 0 0 0 0 to 06969 000000 00$000 �a OLn0000 0C 000 C m m o a N m Imo- C'7 ma�yy• 1- N M N v r v w 0 C r w 69 6031 69 to 69 tfT EI} vi31 69 69 0 0 0 0 0 0 0 0 0 00 0 0 0 Co Cl O O 0 0 0 0 0 0 00 0 0 0 0 CO O C CN v O O 1` 1` 14T 1` to tO O O 0; U O O CD N t0 Ln Cl) to 0— O 4C) O h O 'Cr r CA C N Iq ti O CO V Il V: O C+ a C Q. 1• CO N CO M r r O CO r O N in V- V tt r M r M N r N H r tit a 69 69 69 6031 er31 69 6H to W9 w 69 69 t» 69 w a 011 O O 0 0 0 0 0 0 O O O O O O R co co 0 0 0 0 Cl O O O O O O O O t3 U O N st ►- 0 C 0 I.- Y V •C 69 69 to D) r w N V M I+ CO O CA t0 r 00 Ln N N O O 4n 0.,, a cm co (6 C4 OCD00069 T 69 w w w69 M r r r w C 69 69 69 69 69 M o C'- °O.5 �N O z � O N i CM Q 06 M L r o � r CIA w /, - -. 0 Ci ~ tai O a Z_.._ ..... ... a NI" N .Q d U � a o o,. N I CY yo O U. O .. L •ry+ V L wry�y+ V O N N O W � •(C� w G.. ..Cf ... ... ..., ... „_. L LL ON LL .r d r L �[ > d m L w N Oi M 1 N co Q) N V W) K c w � co N o C H r M N co � � c E o m F N N C_ L f0 Z W 7 47 ++ C O +-+ > (7 (D C. u H V y w u Q M c u •� �VI u u C = O C O fA w O I-Ji O I u I I C. Agenda Item No. 101 September 26, 2006 Page 11 of 12 Ma PAC GREELEYANO HAPJSEN 1567 Hayley Lane, Suite 201 Fort Myers, Florida 33901 p 239 226 9660 f 239 226 9663 www. g reeley -ha nsen.com August 30, 2006 Mr. Ron Dillard, P.E. Senior Project Manager Collier County PUED 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Subject: C. R. 951 Water Main — Bid No. 06 -3996R Bid Evaluation Mr. Dillard: We have reviewed the bid forms received by Collier County for the construction of the C. R. 951 Water Main and present our findings herewith: 1. General Bids were invited by an Invitation to Bid for the work shown and described in the Bid Documents. A pre - bid conference was conducted on Thursday August 10, 2006. Addendum No. 1 was issued on August 11, 2006, and receipt was acknowledged by all bidders. Submitted Bid Proposals were opened, read aloud and recorded in the Purchasing conference room, 3301 East Tamiami Trail, Purchasing Building, Naples, Florida 34112, at 2:00 p.m. on August 28, 2006. 2. Bids Received Seven bidders submitted bids for Bid No. 06- 3996R, C.R. 951 Water Main, each of which was accompa- nied by a bid bond in the amount of five percent of the amount bid as bid security. The individuals submitted Bid Proposals have been tabulated and are summarized as follows: Name of Bidder Total Computed Amount of Bid 1. Akerman Construction Co, Inc. $18,330,133.00 2. Reynolds, Inc. $18,764,635.00 3. Island Pipeland, LLC $18,769,953.39 4. Mitchell and Stark Construction Co. Inc. $19,171,480.00 5. Lanzo Construction Co. $19,190,086.00 6. Rockdale Pipeline, Inc. $19,231,809.60 7. Douglas N. Higgins, Inc. $19,873,146.00 The tabulation of the Bid Proposals has been prepared by the County. - 1 - Agenda Item No. 101 September 26, 2006 Ron Dillard, P.E. AugustWtd&5of 12 3. Contingent Conditions None of the submitted Bid Proposals contained statements or remarks relative to the bid, award of the Contract or the execution of the work. 4. Irregularities The Bid Proposal submitted by Island Pipeline did not include a Statement of Experience of Bidder nor did it include signed Trench Safety Act sheet as required by the Bid Documents. 5. Evaluation of Prices The Engineer's Estimate of Construction Cost was $ 17,799,240.00. Bids received on August 28, 2006 ranged from a low bid of $18,330,133.00 to a high bid of $19,873,146.00. 6. Recommendations The low bid price received of $18,330,133.00 is $2,238,057.00 lower than the lowest bid received from the first bid on June 21, 2006. Our investigation indicates that the apparent low bidder for the C.R. 951 Water Main, Akerman Construc- tion Co., is qualified, responsible, and able to perform the required work. We recommend that a Contract in the amount of $18,330,133.00, for the construction of the C.R. 951 Water Main, be awarded to Akerman Construction Co_, Inc. subject to approval by the County. Yours very truly, jGreeley and Hansen LLC Roger S. Howell, P.E. 2 � GREELEYAao HAIVSEIU Agenda Item No. 10J September 26, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to award Work Order HS -FT- 3785 -06 -10 under Contract 05 -3785 for Construction Engineering and Inspection Services for the "South County Regional Water Treatment Plant 20- Million Gallons per Day Wellfield Expansion" to Hazen and Sawyer, P.C.; Project Number 708921, for an amount not to exceed $1,835,000. OBJECTIVE: The public purpose is to provide construction inspection and engineering services to provide the raw water supply for the Reverse Osmosis (RO) water treatment expansion at the South County Regional Water Treatment Plant (SCRWTP). CONSIDERATIONS: Due to the rapid population expansion experienced by the County in the last few years, it is necessary to increase the RO water processing capacity at the SCRWTP to meet the increase in potable water demand. On September 29, 2005, as Agenda Item 10 G, the Board of Collier County Commissioners approved a construction contract for a 12- Million Gallons per Day (MGD) expansion of the RO water treatment plant at the SCRWTP. This expansion is in progress and scheduled to be completed by February 1, 2007. On July 25, 2006, as Agenda Item 10 P the Board of Collier County Commissioners approved a construction contract for a 20 -MGD Wellfield expansion at the SCRWTP. This contract will provide for the construction of the wellfield necessary to provide raw water for the RO plant expansion and is scheduled for completion in FY 2008. Given the magnitude and complexity of the Wellfield Expansion project and to ensure worker safety, project quality and strict conformance to Collier County Utility Standards, a third party Engineering Proposal for Construction Engineering and Inspection (CEI) Services was solicited from the firm Hazen and Sawyer, P.C. Staff has analyzed this proposal, finds it to be fair and reasonable and recommends awarding this work order for CEI services to Hazen and Sawyer, P.C. for $1,835,000. FISCAL IMPACT: Funds in the amount of $1,835,000 are available in County Project Number 708921 "SCRWTP 20 -MGD Wellfield Expansion" for Fiscal Year (FY) 2006. Source of funds is Fund 411; Water Impact Fees. This project is contained in the 2006 Fiscal Year Capital Improvement Budget approved by The Board of County Commissioners on September 22, 2005. GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the Goals, Objectives and Policies of the Collier County Growth Management Plan and is consistent with the 2005 Water Master Plan adopted by The Board of County Commissioners on June 6, 2006, Agenda item 10 B. 1 of 2 mow. Agenda Item No. 10J September 26, 2006 Page 2 of 12 RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as Ex- officio Governing Board for the Collier County Water -Sewer District award work order HS -FT- 3785 -06 -10 for CEI services for Project Number 708921; "South County Regional Water Treatment Plant 20 Million Gallons per Day Wellfield Expansion" to Hazen and Sawyer, P.C. in an amount not to exceed $1,835,000. PREPARED BY: Porfirio E. Gramatges, P.E. Principal Project Manager Public Utilities Engineering Department 2of2 Agenda Item No, 10J September 26, 2006 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10J Item Summary: Recommendation to award Work Order HS- FT- 3785 -0E -10 under Contract 05 -3785 for Construction Engineering and Inspection Services for the "South County Regional `,Hater Treatment Plant 20- Million Gallons per Day Wellfield Expansion" to Hazen and Sawyer. P. C.; Project Number 708921, for an amount not to exceed $1,835,000.00. (Jim DeLony, Administrator, Public Utllitles) Meeting Date: 9/26./2006 9:00:00 AM Prepared By Porfirio E. Gramatges. P.E. Sr. Project Manager Date Public Utilities Public Utilities Engineering 9/1212006 3:43:26 PM Approved By Steve Carneli Purchasing /General Svcs Director Date Administrative Services Purchasing 9112/2006 5:59 PM Approved By Porfirio E. Gramatges, P.E. Sr. Project Manager Date Public Utilities Public Utilities Engineering 911312006 8:37 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 9113/2006 9:12 AM Approved By Paul Mattausch Water Director Date Public Utilities Water 911312006 9:56 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/13/2006 11:19 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 9!13!2006 2:00 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/13/2006 3:44 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management 8 Budget 9114/2006 2:06 PM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management 8 Budget 911812006 6:54 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/19/2006 7:39 PM Agenda Item No. 10J September 26, 2006 Page 4 of 12 ATTACHMENT A Collier County County Work Order HS- FT -06 -10 Collier County Project No.: 70892 South County Regional Water Treatment Plant (SCRWTP) 20 -MGD Wellfield Expansion CEI Services Date: September 12, 2006 PREAMBLE The Board of County Commissioners of Collier County (hereinafter COUNTY) requested Hazen and Sawyer, P.C. (hereinafter CONSULTANT) to provide engineering services for construction oversight of the South County Regional Water Treatment Plant (SCRWTP) Wellfield Expansion (Bid No. 06- 3992). The SCRWTP reverse osmosis raw water supply system presently consists of a segment known as the Phase 1 Southern RO Wellfield. Phase 1 was designed to provide raw water to the first 8 -MGD of reverse osmosis (RO) treatment units and is located in an area north and northeast of the SCRWTP. This project (Bid No. 06- 3992), Phase 2 of the Southern RO Wellfield, will consist of 23 new well sites located south of the SCRWTP adjacent to County Road 951 between Interstate 75 and Rattlesnake- Hammock Boulevard. The additional wells and facilities being constructed are needed to supply the 12 -MGD RO expansion presently under construction. This project has been planned and is consistent with current update of the County's Water Master Plan. The SCRWTP Wellfield Expansion was designed by the design consulting firm of Greeley and Hansen (i.e., design engineer). The design engineer will provide construction contract administration services during construction under a separate engineering services contract with the COUNTY. For the purposes of developing this work order scope, the design engineer's services will include, but not be limited to, shop drawing reviews, development of as -built drawings, startup and training services and preparation of an operations and maintenance manual for the new wellfield. The CONSULTANT will work closely with the design engineer to monitor that construction is in general conformance with the contract documents. PROJECT DESCRIPTION The SCRWTP Wellfield Expansion consists of the following primary work elements: Twenty -three (23) raw water production wells to supply raw water from the Lower Hawthorn and Hawthorn Zone 1 aquifers. Note that construction engineering and inspection services for the drilling of all wells are being provided by others under a separate engineering work order. 2. Well site improvements at all twenty -three (23) well sites, including installation of well pumping and appurtenant equipment, testing and disinfection of the wells, construction of concrete well vaults, perimeter retaining walls and fencing, local electrical power, lighting J:ProsCoAierCountyWOHS- FT -06 -10 Page 1 of 6 Agenda Item No. 10J September 26, 2006 Page 5 of 12 and lightning protection infrastructure, instrumentation and control panels, well site mechanical piping and appurtenances, paving, grading, surface restoration and landscaping. 3. Approximately 36,900 lineal feet of raw water transmission and raw water collection mains, including related valves, meters, and pig launching and receiving stations. 4. Primary and standby electrical power generation and distribution for twenty -three (23) well sites. 5. Integration of all well sites through a new SCADA system. SCOPE OF SERVICES The project will be implemented in the following tasks: Task 1 — Detailed Observation Task 2 — Specialty Inspections Task 3 — CEI Project Management Services Task 4 — Additional Services TASK 1 — DETAILED OBSERVATION Detailed observation services for construction of well site improvements, transmission pipelines and appurtenances are described below: Furnish Resident Project Representative (RPR) to observe performance of the work for referenced project, excluding well drilling construction oversight. The RPR duties and responsibilities are as follows: 1.1 - Construction Observation — Conduct on -site observations of construction in progress to assist in determining if construction is proceeding in substantial accordance with the Contract Documents, and that completed construction conforms to the Contract Documents. Inform COUNTY and the Contractor whenever RPR believes that any construction is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged before final payment. 1.2 - Photographic Record — Provide a photographic record of the construction, beginning with pre- construction documentation and completing with post- construction photographs. Photographs shall be digital type taken to define the progress of the project and unusual or important construction events as deemed necessary. 1.3 - General Coordination — Coordinate submittal of O &M manuals, operation and maintenance training plans and schedules, startup and testing plans and scheduled, and assist the COUNTY to establish a schedule and venue for training sessions. Oversee substantial and final completion inspections, coordinate delivery of spare parts and warranties, and maintain the punch list. Upon RPR issuance of a punch list for a J :ProsCollierCountyWOHS- FT -06 -10 Page 2 of 6 Agenda Item No. 10J September 26, 2006 Page 6 of 12 substantially complete work element, the RPR shall follow up to assure that punch list items are corrected and /or completed. 1.4 - Coordinate Laboratory Testing — Coordinate with COUNTY's testing laboratory to schedule water sample collection and laboratory tests as requested by the contractor and required by the Contract Documents. 1.5 - Observe Regulatory Agency Inspections — Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections in the daily reports which shall be recorded on CONSULTANT's standard forms. 6 - Daily Log — Keep a daily diary and / or log book recording hours on the job site, weather conditions, data pertaining to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in observing test procedures. Forward the RPR's completed daily logs to the COUNTY on a regular basis. 7 - Construction Progress Meetings— Chair periodic progress meetings with the construction contractor and the COUNTYto review project status and identify issues that may affect the project schedule. Such issues may include suggested changes and /or methods to keep the project on schedule (except for the construction contractor's means, methods, techniques, sequences or procedures of construction). Prepare and issue written meeting minutes to the COUNTYand the Contractor. Additional representatives of CONSULTANT (i.e., technical experts, project manager, etc.) shall accompany the RPR as necessary during the construction period as specific needs arise. 8 - Substantial Completion Inspections - Conduct substantial completion inspections when requested by the contractor and the RPR recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection the inspection staff shall prepare initial punch list items requiring completion or correction to the satisfaction of COUNTY. The RPR shall be responsible for maintaining the punch -list and issuing updates to the punch -list on a periodic basis. The RPR will also be attending the walk through to ensure that the punch -list items are completed to the satisfaction of the COUNTY. 9 — Final Completion Inspection - Upon the request of the contractor and concurrence of the RPR and the COUNTY, conduct final inspections of portions of the project, as they are finished to determine if construction has been completed in substantial accordance with the contract documents and the construction contractor has fulfilled its obligations there under. Based on the results of the final inspection, judge the work complete or not complete. If the work is judged complete, issue a "notice of final acceptance and recommendation for final payment ". TASK 2 — SPECIALTY INSPECTIONS For surface facilities, furnish the periodic services of the design engineers (i.e., Instrumentation, Electrical, Structural, Mechanical, Plumbing /HVAC, etc.) to supplement the RPR inspections to ensure compliance with the Contract Documents. J :ProsCollierCountyWOHS- FT -06 -10 Page 3 of 6 Agenda Item No. 10J September 26, 2006 Page 7 of 12 Specialty inspection labor shall include attendance at field meetings requested by the COUNTY. TASK 3 — CEI PROJECT MANAGEMENT SERVICES 3.1 - General Management and Oversight - Consult with OWNER and Contractors as reasonably required and necessary with regard to construction of the Project. Consultation will include the following services: (a) Attend the pre- construction conference and weekly coordination meetings with COUNTYand the Contractor. Prepare and distribute meeting minutes. (b) Prepare and submit monthly construction summary reports to the COUNTY. (c) Review the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. CONSULTANT's recommendation of any payment requested in an application for payment shall constitute a representation by the CONSULTANT to the COUNTY as an experienced and qualified professional, that based on CONSULTANT's Resident Project Representative's onsite observations of construction in progress; that to the best of the CONSULTANT's knowledge and belief, that construction has progressed to the point indicated and that the quality of construction is in substantial accordance with the Contract Documents. Process pay requests in accordance with the Florida Prompt Payment Act. All incoming invoices processed by the CONSULTANT shall be mechanically stamped with the date received. (d) Review the construction contractor's detailed CPM schedule and all monthly updates. Review the contractor's progress for completeness, conformance with the Contract Documents and contract completion dates. 3.2 — Coordination of Contract Interpretations and Clarifications - Coordinate with the design engineer regarding the issuance of interpretations and clarifications of Contract Documents during construction. The design engineer shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The CONSULTANT shall coordinate the design engineer's decisions and responses with the Contractor. 3.3 - Monitor Project Records - Monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as CONSULTANT's observations at the site and evaluations of the data reflected in Contractor's application for payment, CONSULTANT shall render a recommendation to COUNTY concerning the amount owed to the Contractor(s) and shall forward the Contractor's application for such amount to COUNTY. Such approval of the application for payment shall constitute a representation by CONSULTANT to COUNTY, based on observations and evaluations, that: (a) The work has progressed to the point indicated. (b) The work is substantial in accordance with the Contract Documents. (c) The Contractor(s) is (are) entitled to payment in the recommended amount. J :ProsCollierCountyWOHS- FT -06 -10 Page 4 of 6 Agenda Item No. 10J September 26, 2006 Page 8 of 12 TASK 4 — ADDITIONAL SERVICES 4.1 — Reimbursable Expenses - Expenses of reproductions, postage and handling of Drawings and Specifications, travel, etc. in accordance with Article 5.3 of the Agreement for Professional Utility Engineering Services between Hazen and Sawyer, P.C. and Board of County Commissioners for Collier County, Florida. 4.2 — Additional Services (as authorized) - Provide additional services, at costs agreed upon by the COUNTY and CONSULTANT and as authorized by the COUNTY, which may arise during the course of the work, that are consistent with the intent of the original work order; but, were not envisioned as part of the original or amended scope of work and. CONSULTANT shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the COUNTYs Project Manager in writing in advance of performance of said Additional Services. Failure to notify the COUNTY in writing of Additional Services shall be deemed a waiver of any claim by the CONSULTANT that such services were Additional Services. Additional written authorization from the COUNTY will be required for any charges that exceed the predetermined upper limit. ASSUMPTIONS The following assumptions were made in preparation of the above scope: 1. Engineering fees for construction phase services are based upon 8 -hour workdays, Monday through Friday, excludes work on weekends and COUNTYholidays. Assistance for claims litigation is not included. 2. It is assumed that the Florida Power and Light shall be responsible for obtaining construction permits for the construction of their facilities. 3. All permits required for construction of this project have been obtained. A copy of all permit and pertinent correspondence will be provided to CONSULTANT. 4. The design engineer will provide construction contract administration services during construction under a separate engineering services contract with the COUNTY. For the purposes of developing this work order scope, the design engineer's services will include, but not be limited to, shop drawing reviews, development of as -built drawings, startup and training services and preparation of an operations and maintenance manual for the new wellfield. 5. The County or design engineer will forward a copy of each reviewed shop drawing submittal to the CONSULTANT for use in confirming that installed items are in compliance with accepted shop drawing submittals. J :ProsCollierCountyWOHS- FT -06 -10 Page 5 of 6 Agenda Item No. 10J September 26, 2006 Page 9 of 12 COMPENSATION The compensation for engineering services provided under this work order shall be on a not -to- exceed basis for the total amount of $1,835,000.00. A cost breakdown by task for engineering services described in this work order follows: Description Fee Task 1 — Detailed Observation $988,000.00 Task 2 — Specialty Inspections $225,000.00 Task 3 — CEI Project Management Services $312,000.00 Task 4 — Additional Services 4.1 — Reimbursable Expenses $10,000.00 4.2 — Contingency for Extension of Task 1, 2 and 3 services by up to 4 months (in the event that the overall construction duration extended through change order) $300,000.00 Project Total $1,835,000.00 NOTE: It is noted that this scope of services assumes services are based upon 8 -hour workdays, Monday through Friday, excluding COUNTY holidays. Should longer work hours, or weekend work hours, be requested by the construction contractor and approved by the COUNTY, or should the construction period extend beyond the contract construction period, appropriate adjustment of services and fee shall be made by use of Task 4.2 or by amendment to this Work Order. SCHEDULE Project duration will be established on issuance of the Notice -to- Proceed. It is anticipated that the project construction duration will be 20 months. All services underthis contract will be performed in accordance with the actual construction schedule (to be determined). J :ProsCollierCountyWOHS- FT -06 -10 Page 6 of 6 -) CO CV 0 0 0— ,N O O ZcNOO O ED m �Ea �Q O O m� a CN co O w r. o a eq p N .�. Z o a U � a� o 'o L d +.r ti Co a N a O N O a U U- a a w a M .( t0 O O N 0 I O i`_W CY a � CL � o a x N w o a m a � w a O a O U a O N (f a N C� ct in o c co m 6L U O m C U w o rn m o ? to M w N w w w w Qi c _ O m Z N O C i0 -W w > v ui y = O o ~ y W Q c u m a� m m c c o a I -j I-Ji U I w I a` Agenda Item No. 10J September 26, 2006 WORK ORDER # HS -FT- 3785 -06 -10 Page 11 of 12 Agreement for Fixed Term Professional Engineering Services Contract #05 -3785 Dated September 27, 2005 This Work Order is for professional engineering services for work known as Project # 708921 - SCRWTP 20 -MGD Wellfield Expansion CEI Services The work is specified in the proposal dated September 11, 2006, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # HS -FT- 3785 -06 -10 is assigned to Hazen and Sawyer, P.C. Scope of Work: Task 1 Detailed Observation Task 2 Specialty Inspections Task 3 CIE Project Management Services Task 4 Additional Services Tasks shall be conducted as indicated in the attached Hazen and Sawyer proposal. Schedule of Work: This CEI contract will continue for the extent of the construction contract for the wellfield. This is now scheduled for 580 calendar days for the issuance of a Notice to Proceed to the General Contractor. Compensation: The County will compensate the Firm in accordance with the established hourly rate(s) as enumerated in the Proposal. COST Task 1 Detailed Observation $988,000 Task 2 Specialty Inspections $225,000 Task 3 CIE Project Management Services $312,000 Task 4 Additional Services $310,000 TOTALS $1,835,000 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged accordingly. PREPARED BY: Porfirio E. Gramatges, P.E. — Principal PM Public Utilities Engineering AUTHORIZED BY: Paul Mattausch — Director, Water Department Agenda Item No. 10J September 26, 2006 Page 12 of 12 Date Date APPROVED BY: Roy B. Anderson, P.E. — Director, PU Engineering Date APPROVED BY: Steve Carnell — Director, Purchasing Date APPROVED BY: James W. DeLony, P.E. — Administrator, PU Div. Date Approved as to Form and Legal Sufficiency: Assistant County Attorney ATTEST: M Type Name and Title Template /SN /WO Fixed Term Pro Eng Sery 2 Date: ME Hazen and Sawyer, P.C. Albert Muniz, P.E. — Vice President Note: BCC needs to authorize the dollar amount and request that BCC to authorize the PWED Department Director to execute the Work Order as part of your Executive Summary. Agenda Item No. 10K September 26, 2006 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy effective October 1, 2006 Objective: To generate revenue sufficient to offset program and facilities costs. Considerations: The Parks and Recreation Advisory Board recommend to the Board of County Commissioners that the existing Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy as amended be repealed and established effective October 1, 2006 to provide for multiple changes and additions within the policy. Major changes within the fee structure are as follows: Item FY 06 Charge Proposed FY 07 .Charge NCRP Indoor 1,500 $10 per hour $15 per hour square feet (non- profit) NCRP Indoor $15 per hour $25 per hour 1,501 -3,000 square feet (non - profit) NCRP Indoor 3,001 $20 per hour $50 per hour square feet and over (non - profit) NCRP Gymnasium $30 per hour ^� $30 per hour per court (non- profit) NCRP Indoor $25 per hour $40 per hour Room 1,500 square feet (all others) NCRP Indoor $45 per hour $80 per hour Room 1,501 -3,000 square feet (all others) ' Indoor Room 3,001 $60 per hour $125 per hour square feet & over (all others) Gymnasium (all others) per court $60 per hour $60 per hour Concession Fees $25 per day $40 per day �I Agenda Item No. 1 O September 26, 2006 Page 2 of 17 e- 'ican Bay Tennis I $8 per 1.5 hour $10 per 1.5 hour Fees time period I time period Pelican Bay Tennis I $371 annual pass $377.36 annual Fees pass North Collier N/A $110 —over 48" Regional Park $80- -under 48" Annual Pass Sun -N -Fun Lagoon N/A Family pass $190 Annual Pass (up to four) Each additional family member $40 Golden Gate $225 $140 (up to four) Aquatic Complex Each additional family member $40 Immokalee Sports $210 $125 (up to four) Complex Each additional family member $30 Summer Camp $549 $600 + $540 each additional child Summer Camp (1- C $75 per week $85 per week � week session Park and Beach $35 for parking (see attachment A� Citations only for proposed citation fee schedule) The Parks and Recreation Advisory Board reviewed and approved the proposed fees at its September 21, 2006 meeting. Fiscal Impact: All fees outlined in the proposed policy are included in the appropriate budgets within the FY 07 Parks and Recreation appropriations and if approved will become effective October 1, 2006. Growth Management Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners adopts the proposed Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy anew and authorizes the Chairman to sign. Prepared by: Mary Ellen Donner, Assistant Director, Parks and Recreation Attachment A Fines for Park and Beach Citations Fines for Park and Beach Citations Parking Citation Handicap Parking Citation Domestic Animals Littering Intoxicating Beverages Glass Containers Fires Agenda Item No. 10K September 26, 2006 Page 3 of 17 $35 $250 $30 $50 $75 $30 $100 Sea Turtles — Structure on Beach no Interaction $250 Sea Turtles — Interruption of Nesting $500 Sea Turtles — Grievous Harm Caused $1,000 Sea Turtles — Artificial Lighting/Non- Compliance $500 Gopher Tortoise Infraction up to $500 Loud Music Nudity Blasphemous Language Chumming and Blood Baiting Protection & Preservation of Wildlife (Land Development Code) $30 $100 $50 $75 $50 Camping $75 Driving Motorized/Non- Motorized Vehicle /Beach $75 Deface or Disfigure County Property Protection of Vegetation After Hours Park Usage Soliciting Removal of Live, Natural Objects Removal of Cultural Resources Firearms $100 $50 $50 $50 $75 $75 $100 Agenda Item No. SDK Seotei 26, 2006 Page 4 of , 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10K Item Summary: Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier Gounty Parks and Recreation Department Facilities and Outcoor Areas License and Fee cohcv and establishing the policv effective October 1, 2006. (,Marla Ramsey. Administrator, Public Services? Meeting Date: 9/26/2006 9:00,0D AM Prepared By Mary Ellen Donner Assistant Director Date Public Services Parks and Recreation 9111!2006 8:04:25 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 911112006 8:30 AM Approved By Mary Ellen Donner Assistant Director Date Public Services Parks and Recreation 911112006 8:35 AM Approved By Tona Nelson Senior Admin Assistant Date Public Services Parks and Recreation 9/1112066 8:37 AM Approved By Raymond Carter Operations Manager Date Public Services Parks and Recreation 911112006 3:13 PM Approved By Barry Williams Director Date Public Services Parks and Recreation 9114,'2006 6:38 AM Approved By Barry Williams Director Date Public Services Parks and Recreation 9/1412006 8:38 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1412006 8:42 AM Approved By Sherry Pryor Management & Budget Analyst Date County Managers Office Office of Management & Budget 911512006 4:33 PM Approved By Michael Smyk —ski Management & Budget Director Date County Managers Office Office of Management & Budget 9119!2006 8:46 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 911912006 3:39 PM Agenda Item No. 10K September 26. 2006 Page 5 of 17 RESOLUTION No. 2006- A RESOLUTION OF COLLIER COUNTY, FLORIDA, RE- ESTABLISHING THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY WHEREAS, the Director of Parks and Recreation has recommended to the Board of County Commissioners that the existing Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy be amended as follows; WHEREAS, the Board of County Commissioners hereby accepts the recommendations of the Director of Parks and Recreation; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: The Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy is hereby established as follows. This Policy supersedes the Policy as established in Resolution 2006 -43. PURPOSE The purpose of this policy is to ensure maximum use of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges collected from users of such facilities, outdoor areas or programs. Il. LIMITATIONS The Parks and Recreation Director, or designee, may waive enforcement or application of any of these regulations or restrictions with respect to any facility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waived. No non - government entity shall charge an admission fee to any out of doors event, including aquatic facilities. The Board of County Commissioners shall set fees and charges for all facilities and programs. Consistent with Collier County's policy of ensuring all citizens equal opportunity to participate in programs, any resident requesting special consideration must substantiate to the Parks and Recreation Director proof of financial need. All information provided is not confidential but will be used only for the purpose of establishing reduced or waived program fees. Rates and charges can be modified on a case -by -case basis if approved by the Director of Parks and Recreation for special promotional sales and advertisements. III. CLASSIFICATIONS A. Facility License Definitions and Uses Outdoor Areas: Open space or land owned or leased by the Parks and Recreation Department. Such outdoor areas shall include, but not limited to, sports fields, playgrounds, swimming pools and /or other park and recreation land areas, excluding Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Outdoor areas shall be used for those purposes designated or implicit in their character. Any deviation from normal appropriate use shall require express prior permission from the Parks and Recreation Director or designee. 2. Facilities: Buildings and dwellings owned or leased by the Parks and Recreation Department. Such facilities include, but are not restricted to, community center areas and rooms, gymnasiums, pavilions, shelters, and other areas located in the Parks and Recreation structures, excluding the Golden Gate Community Center. (As to Golden Gate Community Center, refer to Section O, herein). Facilities shall be used for those purposes designated or implicit in their character. Any deviation from these intended normal uses Agenda Item No. 10K September 26, 2006 Page 6 of 17 shall require express prior permission from the Parks and Recreation Director, or Designee. 3. Programs: Recreation activities conducted on land or in facilities owned or leased by Collier County. Such activities include, but are not restricted to: athletic, clinic, instructional and interpretative seminars for preschool. youth, adult.. senior and special populations. Any deviation from these intended normal uses shall require express permission from the Parks and Recreation Director, or designee. 4. Vehicle Parking Fees: Parking lots at Collier County beach parks and accesses. To include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Preserve, Clam Pass Park, Vanderbilt Beach, North Gulf Shore Access, and South Marco Beach Access. 5. Boat Launch Fees: Ramp use at Collier County owned and operated boat launch facilities to include, but not limited to, Bayview Park, Cocohatchee River Park, Caxambas Park, and Collier Boulevard Boating Park. B. User Categories — Applicable to all indoor and outdoor areas Governmental entities are not subject to fees. All other facility users shall have their fees determined by the category of the entity. Note: All parks shall remain open to the public. The two categories are: 1. Category I — Federal Income Tax Exempt Entities, Registered Charities, Not - for -Profit Groups. a. Federal Income Tax Exempt Entities Groups that are exempt from taxation under any subsection of Section 501(c) of the Internal Revenue Code. The following civic associations will not be subject to fees for their one general membership meeting per month: East Naples Civic Association, Golden Gate Estates Civic Association. Golden Gate Civic Association, Immokalee Civic Association, and Second District Association. b. Specified Sales Tax Exempt Entities Those entities that are exempt from Florida sales taxes pursuant to Subsection 212.08 (7), Florida Statutes such as a home for the aged, nursing home, hospice, or an organization whose primary purpose is to provide special educational, cultural, recreational, or social benefits to minors, or is a religious, charitable, scientific, educational, or veterans' organization. c. Local Not- for -Profit Groups or Non - Profit Groups Entities, irrespective of tax exempt status, which are not -for -profit corporations, organizations or other not - for - profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50 %) of the group's membership are residents of Collier County, with a primary purpose to provide social services to others or to protect interests outside of the group, such as the environment, endangered animals, disadvantaged persons, or some other similar external interest. The primary focus of these groups is outward looking and away from the personal interests of the group's members. d. Other Local Not - for - Profit Groups Those entities, irrespective of tax exempt status, which are not- for -profit corporations, organizations or other not - for - profit entities that are of Collier County origin, have their principal location in Collier County, and of which fifty per cent (50 %) of the group's membership are residents of Collier County, but the group's primary purpose is not to provide social services to individuals who are not bona fide members of the group or is not to protect interests outside of the group. This category includes Agenda Item No. 10K September 26, 2006 Page 7 of 17 property owners' associations, political groups, and all other special interest oriented teams or clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all other similar clubs, groups or organizations. The primary focus of these groups is inward toward the group's members. 2. Category 11– All Others a. Each individual, group, organization or entity that is not within Category 1. 3. Fund Raising Activities Each Category I individual, group, organization or entity involved in any fund raising activity must pay the fees as described in W.A. Category II – User Fees must pay the fees as described in IV.B. Fund raising activities include: a. Charging in advance for an admission ticket or requiring any tangible thing of value for admission to, or to participate in, any activity at any County parks facility, or, b. Requiring any donation of money or any other tangible thing of monetary value, or, c. Selling or bartering any tangible thing of monetary value. Fund raising activities do not include: a. Season sign up fees for persons to join league as a team member or team participant. b. The sale of educational materials for use as study materials for students attending class conducted at the park facility. Such sales must be at or below the seller's actual costs. 1. Category II – All Others A. Each individual, group, organization or entity that is not within Category 1. IV. FEE STRUCTURE – (All fees are exclusive of sales taxes). A. Category I User Fees 1. Facility Rates (excluding league play and special facilities; i.e., swimming pools) Facility Type Rate Per Hour Security Deposit Indoor Room under 1.500 sq ft S10.001 $50.00 Indoor Room 1,501 - 3,000 sq ft $15.00 .100.00 Indoor Room 3,001 sq ft & over $20.00 $100.00 Gymnasium �— $30.0FJ $100.00! Small Pavilion $10.00 $25.00 Large Pavilion $20.00 $25.00 NCRP Indoor Room under 1,500 sq ft $15.00 NCRP Indoor Room 1,501 -3000 sq ft $25.00 NCRP Indoor Room 3,001 sq ft & over $50.00 NCRP Gymnasium (per court) $30.00 Sugden Amphitheater $30.00 $60.00 Open Green Space (100 x 100) $10.00 3 Agenda Item No. 10K September 26, 2006 Page 8 of 17 Athletic Facilities for General Use (i.e. $20.00 $80.00 Special Events, Picnics, Carnivals, etc.) Athletic Facilities for Athletic Use $15.00 j (Football /Soccer, Soft/Baseball. Little (Football /Soccer, Soft /Baseball, Little League, League, Sports Pavilion, Roller Hockey) Basketball /Racquetball /Volleyball /Tennis $5.00 j Courts Basketball /Racquetball /Volleyball/Tennis Lights $10.00 County wide Event at Sugden Regional Park $800 per day $200.00 Countywide Event at Immokalee Airport Park x$500 per day $200.00 2. Fund raising rates are $20.00 added to hourly rate above. Rental fees do not include setup and break down of facility. An additional $20.00 per hour per staff person charge will apply should you require this service. 4. The security deposit will be refunded in full if the facility is returned in the condition in which it was received. B. Category II User Fees Facility Rates (excluding special facilities; i.e., swimming pools, Exhibit Hall and Rec- Plex.) Facility Type Rate Per /Hr Deposit Indoor Room under 1,500 sq ft $25.00 $50.00 Indoor Room 1,501 - 3,000 sq ft $45.00 $100.00 Indoor Room 3,001 sq ft & over $60.00 $100.00 Gymnasium $60.00 F $100.00 NCRP Indoor Room under 1,500 sq ft S40.00 F $50.00 NCRP Indoor Room 1,501 - 3,000 sq ft $80.00 $100.00 NCRP Indoor Room 3,001 sq ft & over $125.00 $100.00 NCRP Gymnasium $60.00 $100.00 Small Pavilion $10.00 $25.00 Large Pavilion $20.00 $25.00 Sugden Amphitheater ( $60.00 $60.00 Sugden Green Space (over 100 x 100') F $60.00 Open Green Space (100' x 100') I $20.00 I FAthletic Facilities for General Use (i.e. $30.00 $80.00 Special Events, Picnics, Carnivals, etc.) Athletic Facilities for Athletic Use $25.00 (Football /Soccer, Soft /Baseball, Little League, Sports Pavilion, Roller Hockey) Basketball /Racquetball /Volleyball/Tennis -F I $12.00 Courts Lights I $10.00 Countywide Event at Sugden Regional Park F$1,200 per day F $200.00 Countywide Event at Immokalee Airport Park F $1,000 per day I $200.00 2. Fund raising rates are $20.00 added to hourly rate above. 3. Rental fees do not include setup and break down of facility. An additional $20.00 per hour per staff person charge will apply should you require this service. Agenda Item No. 10K September 26, 2006 Page 9 of 17 4. The security deposit will be refunded in full if the facility is returned in the condition in which it was received. C. Additional Fees: Categories I and 11 Service F Additional Fee Per Hour Rental during non - business hours $20.00 includes one staff person (hours that are not normal departmental operation) Additional non- security staff $15.00 per staff member members Additional security staff members $20.00 per hour per staff member needed as determined by department Light fees (where not specified) $10.00 per hour Special requests or additional Per hour fee determined by clean up required department, based on cost D. Beach Parking Facilities Fees; Boat Launch Facilities Fees 1. Beach Parking Facilities Fees Beach parking facilities, including and not limited to, Barefoot Beach Preserve, Barefoot Beach Access, Clam Pass Park, North Gulf Shore Access, Tigertail Beach, and South Marco Beach Access have a parking fee, inclusive of sales tax, at a rate of $6.00 per day. Collier County residents may obtain a beach parking permit at no charge. Permits will be valid for 2 years. Vehicles with permits will be exempt from daily parking fees at all beach parking facilities. Organizations operating excursion or shuttle services will be charged double the per vehicle per day fee. 2. Boat Launch Facilities Fees Boat launch facilities, including and not limited to, Caxambas Park, Cocohatchee River Park, Collier Boulevard Boating Park, and Bayview Park, shall have a launch fee, inclusive of sales tax, at a rate of $5.00 per launch per day. All residents and visitors may purchase boat launch permits for an annual fee of $75.00. These permits are available at all Collier County Parks and Recreation Community Centers. Commercial permits for launch facilities may be acquired at the Collier County Parks and Recreation Department Administration Office for a cost of $100.00 per vehicle plus the $5.00 fee per launch or $500.00 per commercial entity with no launch fee required. Commercial entities purchasing the $500.00 permit are eligible to use up to 5 vehicles for launches. Additional vehicle permits must be purchased for $100.00 each. All permits are good from January 1 to December 31. E. Concession Fees 1. For each concession booth /location in conjunction with a rental (except for NCRP), a $40.00 fee per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location will apply. 2. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fee schedule. 3. Organizations operating concessions for Collier County co- sponsored leagues will be charged $5.00 per hour of operation. F. Reserved G. Instructional Fees (Contractual Instructors) Agenda Item No. 10K September 26, 2006 Page 10 of 17 1. Programs Fee Assessment: per hour or per participant basis. 2. Non -Staff Instructor(s): The County shall pay 65% to the non -staff instructor(s) and 35% to the County for all such instructional programs conducted on Collier County facilities. 3. The pro- ration for instructional programs conducted on non - county facilities shall be 70% to the non -staff instructor(s) and 30% to the County. H. Athletics 1. Collier County Parks and Recreation Leagues Program Minimum registration fee per participant per league play Adult $30.00 Youth $30.00 Youth lmmokalee $ 5.00 Leagues charged on a fee per participant basis may require a sponsor fee. Alternately, leagues may be charged a combined sponsor and players' fee per team as follows: Men's Softball $860.00 Women's Softball $540.00 Church Leagues Softball $710.00 Men's 35+ Softball $760.00 Co -Ed & One Pitch Softball $610.00 Men's Soccer $650.00 Co -Ed Soccer $400.00 Adult Flag Football $500.00 Leagues will be charged light fees for practices, but not for scheduled league games. Leagues will not be charged field rental fees for practices and games during scheduled league season. lmmokalee leagues will not be charged light fees for practices. Light fees will be waived for practices two weeks prior to the start of season. 2. Collier County Parks and Recreation Co- sponsored Leagues Fees are applicable to Category I users only. League Type Fee per participant per league play Adult $30.00 Youth $1.00 (includes play -offs or per registered youth per week all -star play) of league play Leagues will be charged light fees for practices, but not for scheduled league games. Leagues will not be charged field rental fees for practices and games during scheduled league season. Light fees will be waived for practices two weeks prior to the start of season. 3. Clinics: a. For clinics conducted on any County facility, 65% of the fees go to the group or individual(s) and 35% of the fees go to the County. b. For clinics conducted on any non - County facility, 70% of the fees to the group or individual(s) and 30% of the fees to the County. Agenda Item No. 10K September 26, 2006 Page 11 of 17 c. if clinic is free of charge to participants, regular facility rental fees will apply. d. An additional hourly rate will be charged for the facility if the clinic serves a fund raising purpose. 4. Tournament Fees Fees will be determined on a tournament -by- tournament basis based on, but not limited to, the following criteria: direct operational costs, duration of tournament, staffing, merchandise sales, category status, sponsored or co- sponsored parking and food concessions. 1. Collier County Racquet Centers: 1. Pelican Bay Community Park Tennis Facility Service I Rate Court Fees $10.00 per person per 1'/ hour Single Annual Membership $377.36 Couple Annual Membership $662.00 /x Hour Private Lesson $38.00 1 Hour Private Lesson $65.00 ��Round Robins $5.00 members $10.00 non - members The above court fees and membership rates do not include sales tax. J. Collier County Aquatic Facilities Key to abbreviations: GGAC= Golden Gate Aquatic Complex, 1SC= Immokalee Sports Complex, SNF= Sun -N -Fun Lagoon Family is defined as an adult and, if any, his or her spouse living in the same household, and /or, if any, his or her legal dependents under 18 years of age living in the same household. Family is defined as a parent(s) or legal guardian(s) and his or her dependent children less than 18 years of age and living in the same household. Fee for Non - collier County public schools and colleges and universities during regular operating hours is $35.00 per hour unless superseded by separate agreement. Collier County Public Schools are fee exempt; however, they are required to pay $15.00 per hour per lifeguard or instructor, if not during regular operating hours. This fee exemption does not apply to the Sun -N -Fun Lagoon. Rain Check Policy: Upon paid receipt of admission at any Aquatics facility a rain check is issued after 30 minutes have elapsed upon signal from the facility that the pools must be cleared due to inclement weather. This rain check is only valid for individuals who present a paid receipt of admission to the cashier or designee that indicates the individual paid for their admission within a 90 minute time period prior to the signal of clearing the pools. 1. Entrance Fees (inclusive of sales tax) Facility 3 /yrs &Under Under 48" Over Senior (60 +yrs) 48 " GGAC Free �- $2.50! F $3.00 $230 _ ISC Free $1.00 $1.50 $1.00 SNF Free $5.50 FTI 0.00 Agenda Item No. 10K September 26, 2006 Page 12 of 17 2. Pass Fees (exclusive of sales tax) Facility Type Und 4re Over 48" I Senior (60 I Family +yrs) GGAC 3 month 1 $40.00 $60.00 $40.00 $100.00 ISC 3 month -$35.00F$55.00 $35.00 $ 90.00 GGAC Annual $60.00 $80.00 $60.00 F $140.00 ISC Annual ** $50.00 F$75.00 $50.00 F$125.00 SNF Annual ** $80.00 $116.00 $80.00 F$190.00 ** Please check dates and hours of operation at facility No corporate discounts on pool passes. 3. Swimming Instructional Fees Class I GGAC ISC Children's % hour classes $40.00 per participant $10.00 per participant Children's 1/4 hour classes $45.00 per participant $15.00 per participant Adult 1/4 hour classes $45.00 per participant $15.00 per participant Private Lessons I $15.00 per 1/2 hour includes staff 4. Pool Rentals GGAC & ISC (exclusive of sales tax) Each pool includes one staff member. One pool Each additional hour Each additional pool Additional staff $50.00 first hour $35.00 per hour $35.00 per hour per pool $15.00 per hour per lifeguard 5. Sun -N -Fun Lagoon Group /Facility Rental Sales User I Rate Members of groups of 20 or more who are less $4.25 plus tax daily fee than 48 inches tall Members of groups of 20 or more who 48 inches $7.55 plus tax daily fee tall or taller Entire Facilitv Rental $1,500 per hour, 2 -hour minimum $1,000 each additional hour includes staff Partial Facility Rental $200 per hour, per pool (excluding lazy river) $300 for lazy river No exceptions are made to Collier County Aquatic Facility rates. K. Collier County Fitness Centers Key to abbreviations: GGCP = Golden Gate Community Park, ISC = Immokalee Sports Complex, NCRP =North Collier Regional Park, MHCP =Max Hasse Community Park, VTCP= Veterans Community Park 1. Fitness passes are available in a three - tiered system, with passes offering use of facilities as follows: Facility i Di ly Fee Tier 1 Pass Tier 2 Pass Tier 3 Pass ` NCRP Fitness $7 yes no no Agenda Item No. 10K September 26, 2006 Page 13 of 17 GGCP Fitness 7 � yes yes no j MHCP Fitness ! 7 yes yes no VTCP Fitness ( 4 yes F yes F yes ISC Fitness j 4 F yes F yes F yes GGCP Pool F See J.l F yes yes F no ISC Pool F See J.1 ( yes F yes F yes 0 SNF Lap Pool F See J.l no F no no 2. Fees associated with the pass types above are as follows. Daily walk -in and membership fees are subject to 6% sales tax. Type of Pass Tier 1 Tier 2 Tier 3 Monthly 35 33 1 20 3 -Month F 100 90 50 Annual F 300 F 250 F 160 Spouse of Additional Family Member (includes college students up to 25 years of age) 165 F 140 [—T6-0- Student (ages 13 -18, students aged 13 to 14 must be accom p anied by an adult 125 100 75 3. Baby- sitting Service $3.00 per child per use $20.00 per 10 -visit card Babysitting service is offered limited hours at Golden Gate Community Park Fitness and North Collier Regional Park Fitness. 4. Corporate Discount on Annual Fitness Passes Discount does not apply to additional family members. Discount is based on employee participation, as follows: Employees Discount 5 -9 10% 10-24 20% 25 and above 40% L. Skate Parks Annual Membership for Age 21 and under $10 Annual Membership for Age 22 and older $25 M. Collier County Summer Camps, After School Programs, and Collier County Parks and Recreation Specialty Camps 1. Summer Camp (9 -week session) a. 9 -week session - first child $600.00 Each additional child $540.00 b. 1 -week session $ 85.00 c. 10% discount on each additional child from the same household after the first. 3. After School Program Session $500.00 Transportation cost per week is additional and will be based on the current transportation contract. 9 Aaenda Item No. 10K September 26, 2006 Page 14 of 17 4. Holiday Camps 1 -day camp $15.00 1 -week session $85.00 5. Collier County Parks and Recreation Specialty Camps Ranger Camp per week $100.00 Ski Camp per two weeks $250.00 Sailing Camp per two weeks $250.00 Additional specialty camp fees are competitive market prices based on hours and type of instruction. N. Refund Policy a. Programs and Classes Satisfaction Guarantee Policy -If you are not satisfied with a class or are unable to participate for any reason, please contact us immediately. Our policy is to provide a 100% credit or refund (your choice) to anyone who makes a WRITTEN request before the start of the second class. Requests received after the second class will entitle participants to a prorated refund. Prorated refunds will be based on the number of classes remaining at the time the written application for refund is made. This offer does not include adult sports leagues or supplies purchased for the class. b. Facility Rentals If you are not satisfied with a facility or inclement weather prohibits usage, a written request must be submitted within 48 hours. The department Director or designee will make a determination if the refund will be granted. c. Point of Sale Refund If you are not satisfied with a facility or a service provided by the department, your request for a refund will be reviewed by the supervisor on duty. Current Finance Department refund policies will be followed. O. Fines for Park and Beach Citations Chapter 89 -449 Laws of Florida authorizes the Board of County Commissioners to designate employees of Collier County Parks and Recreation department as Park Rangers. The Board of County Commissioners has authorized Collier County Park Rangers with powers and duties through BCC Resolution 491 -462. Chapter 97 -347 (Special Act) as amended by Chapter 2006 -337, House Bill 1151, further authorizing Park Rangers to write citations appearing before the Special Master. 80 -47 Parking Citation $35 80 -47 Handicap Parking Citation $250 76 -48 Domestic Animals $30 76 -48 Littering $50 76 -48 Intoxicating Beverages $75 76 -48 Glass Containers $30 76 -48 Fires $100 76 -48 Sea Turtles — Structure on Beach no Interaction $250 76 -48 Sea Turtles — Interruption of Nesting $500 76 -48 Sea Turtles — Grievous Harm Caused $1,000 76 -48 Sea Turtles — Artificial Lighting/Non- Compliance $500 3.11.4 Gopher Tortoise Infraction up to $500 (Land Development Code) 76 -48 Loud Music $30 76 -48 Nudity $100 76 -48 Blasphemous Language $50 76 -48 Chumming and Blood Baiting $75 10 76 -48 Protection & Preservation of Wildlife 76 -48 Camping 76 -48 Driving Motorized/Non- Motorized Vehicle /Beach 76 -48 Deface or Disfigure County Property 76 -48 Protection of Vegetation 76 -48 After Hours Park Usage 76 -48 Soliciting 76 -48 Removal of Live, Natural Objects 76 -48 Removal of Cultural Resources 76 -48 Firearms P. Memorial Bench and Tree Donations 1. $2,000 Bench 2. $500 Tree Q. Golden Gate Community Center $50 $75 $75 $100 $50 $50 $50 $75 $75 $100 Agenda Item No. 10K September 26, 2006 Page 15 of 17 1. Golden Gate Taxing District Boundaries: West Boundary: Santa Barbara Boulevard to Logan Boulevard to First Avenue SW East Boundary: canal 1 mile east of County Road 951 North Boundary: First Avenue SW over 951 Boulevard and White Boulevard to the canal located 1 mile east of County Road 951 South Boundary: Palm Springs subdivision and Radio Road to Santa Barbara Boulevard Organizations in Classes I, I1, III, or IV declaring themselves as District must show proof of at least 50% membership within the taxing district. 2. User Categories Class 1: Charitable, Not - for -Profit organizations Class II: Not - for - Profit organizations Class III: Civic organizations Class IV: Commercial or For - Profit organizations and any other group or individual 3. Deposit Fees Auditorium $200.00 All Other Rooms $ 50.00 4. Rental Fees A. Rooms A, B, C, D Category within District outside District Class I No charge No charge Class II No charge approved by Board Class III No charge No charge Class IV ( <1,500 sq ft) $10.00 /hour $25.00/ hour (1,501- 3,000) $15.001 hour $45.00/ hour (3,001 +) $20.00/ hour $60.00/ hour B. Auditorium Category within District outside District Class I & III No charge No charge Class I1 approved by Board approved by Board Class IV $20.00/hr < 10 pm $60.00/hr < 10 pm $40.00/hr 10 pm + $80.00/hr 10 pm + X agenda Item No, 10K September 26, 2006 Page 16 of 17 C. Wheels Amphitheater and Open Area Fees charged in accordance with the Sugden Regional Park Fee Policy for Use for Countywide Events. D. Gymnasium Category General Fee Class 1 $30.00 per hour any size Fund Raising $20.00 added to rate above Class II $60.00 per hour any size Fund Raising $20.00 added to rate above Classes III, IV will be required to pay sales tax. 5. Service and Sale of Alcoholic Beverages A_ Serving of Alcoholic Beverages These provisions apply for any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. User categories Class 1 and Class 11, as previously defined in O (2), above, the user must present a General Liability Policy for the date of use which specifically includes contractual liability and host liquor liability in an amount not less than Five Hundred Thousand Dollars ($500,000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director, in the event of above average exposure Five Hundred Thousand Dollars ($500,000) liability coverage shall be required. In the event of unusual or high exposure One Million Dollar ($1,000,000) liability shall be required. B. Sale of Alcoholic Beverages In the event any user intends to sell alcoholic beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain all required permits. Copies of said permits shall be filed with the Community Center Supervisor. The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements. C. Rules and Regulations for Users Serving Alcoholic Beverages 1. It is the responsibility of the user that no alcoholic beverage shall be allowed outside assigned meeting room(s) auditorium. 2. The user is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 3. The user shall be responsible for the behavior of any parties with the user's group. 4. The user shall be responsible to assure that no alcoholic beverages are served during the last thirty (30) minutes of user's scheduled event. 5. The user will be responsible for supplying a Certificate of Insurance at least four (4) weeks prior to scheduled event (see insurance provisions). 6. The user will be responsible to comply with Chapter 562, Florida Statues. 12 Agenda Item No. 10K September 26, 2006 Page 17 of 17 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation of any of these rules can result in termination of the event. 8. The user must pay the cost of security provided by the Collier County Sheriff's Office. The fee is payable to Collier County Parks and Recreation at the time of payment for facility use. This Resolution adopted this day of 2006 after motion, second and majority vote in favor of passage. ATTEST DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: By: Robert Zachary Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Frank Halas, Chairman 13 Agenda Item No. 10L September 26, 2006 Page 1 of 36 EXECUTIVE SUMMARY Recommendation to award Work Order UC -253 in the amount of $497,650 to Mitchell & Stark Construction Company to provide an emergency generator, enclosure, well pumps and valves, Waive the work order threshold requirements and award Work Order UC -254 in the amount of $1,884,000 to D.N. Higgins to install the aforementioned equipment, both under Fixed Annual Term Contract 04 -3535, and waive the formal competitive process and authorize a purchase order in the amount of $334,784 to TAW Control Systems & Automation for instrumentation and controls, electrical equipment, and an air conditioned electrical equipment enclosure for the South County Regional Water Treatment Plant two new Mid Hawthorn Zone 1 and two new Lower Hawthorn Wells 39S and 41S, and 40S and 42S, respectively, as Project 71051. OBJECTIVE: To obtain Board approval to award two work orders and a purchase order as follows; one work order to provide equipment, the second work order to install the provided equipment, and a purchase order for electrical work, instrumentation and controls and an air conditioned enclosure for four new raw water supply wells at the South County Regional Water Treatment Plant (SCRWTP). The public purpose is to increase the sustainability of our water production facilities to ensure adequate capacity to meet the water demands of our customers while being fully compliant with all laws, codes, and ordinances. CONSIDERATIONS: On July 25, 2006, Item 10 O, the Board approved the award of a work order to Diversified Drilling Corporation to drill four new raw water supply wells at the SCRWTP. The total project was intentionally divided into phases as follows: The first phase as approved by the Board included only the drilling of two new Lower Hawthorn and two Mid Hawthorn Zone 1 raw water supply wells and constructing an access road to them. This second phase will award a work order to provide equipment (emergency generator, a generator enclosure, pumps, and valves), a work order to install the aforementioned equipment, and a purchase order for electrical work, instrumentation and controls, and an air conditioned electrical enclosure to make the drilled wells fully functional to transmit raw water to the SCRWTP for start up assistance and for treatment and ultimate distribution as potable water to our water customers. The procurement packages were intentionally divided into individual packages to maximize the likelihood of meeting the extreme fast - tracked schedule of being completed by February 2007 to assist in the start up of the SCRWTP Reverse Osmosis Expansion project. For the purchase of equipment, five price proposal packages were sent out to vendors under Fixed Annual Term Contract 04 -3535 on September 1, 2006. On September 13, 2006 three responses were received as follows: Bidder Purchase of Equipment Mitchell & Stark Construction $497,650 D.N. Higgins $544,000 Quality Construction No Quote The lowest responsible, responsive price proposal for providing the equipment was received from Mitchell & Stark in the total amount of $497,650, which is lower than the design professional, Hazen and Sawyer's (H &S), cost estimate of $525,000. The two price proposals received are attached. Staff and Executive Summary Approve Two Work Orders and One Purchase Order SCRWTP Wells 39S -42S Page 2 Agenda Item No. 10L September 26, 2006 Page 2 of 36 H &S have reviewed the price proposal and qualifications of the low price proposal, and have determined that Mitchell & Stark is qualified and able to provide the required equipment as requested. Staff concurs with the design professional's assessment that scope and costs are fair and reasonable, and therefore recommends award to Mitchell & Stark. The design professional's recommendation letter dated September 19, 2006 is attached. For the installation of the aforementioned purchased equipment, five price proposal packages were sent out under Fixed Annual Term Contract 04 -3535 on August 30, 2006. On September 19, 2006 four responses were received follows: Bidder Install Equipment D.N. Higgins $1,884,000.00 Mitchell & Stark Construction $1,993,672.00 Kyle Construction $2,339,868.00 Quality Enterprises $2,394,217.50 The lowest responsible, responsive proposal for installing the equipment was received from D.N. Higgins in the total amount of $1,884,000 which is lower than the design professional, Hazen and Sawyer's (H &S), cost estimate of $2,100,000. The four price proposals received are attached. Staff and H &S have reviewed the price proposal and qualifications of the low price proposal, and have determined that D.N. Higgins is qualified and able to perform the required installation work as requested. The recommended award exceeds the quotation threshold of $750,000 as set forth in the contract. However, staff had previously determined that sufficient time did not exist to solicit this work under a separate Invitation to Bid. Hence, staff is recommending that this work be awarded through the annual Underground Utilities Services agreement, from which the reference quotes were obtained. That contract meets statutory requirements for formal competition. Staff concurs with the design professional's assessment that scope and costs are fair and reasonable, and therefore recommends award to D.N. Higgins. The design professional's recommendation letter dated September 19, 2006 is attached. For the purchase order award, based on research by H &S, TAW Control Systems and Automation is the only supplier that can provide the required electrical enclosure within the necessary time frame to meet the fast -track schedule. Our engineers, H &S conducted direct negotiations with TAW to arrive at a fair and reasonable, best value price of $334,784 to supply the necessary enclosure and associated electrical and instrumentation and controls equipment. Accordingly, staff is recommending that the formal competition process be waived. The proposed price is less than the engineer's estimate of $375,000. Thus staff recommends that the Board approve a direct purchase order to TAW in the amount of $334,784. H &S's recommendation letter dated August 25, 2006 is attached. A timeline is attached which shows the schedule and costs of all tasks associated with this project. The proposed contract is consistent with the 2005 Water Master Plan Update as adopted by the Board on June 6, 2006 as Agenda Item IOB, and the FY06 Water Capital Budget approved by the Board on September 22, 2005. The County Attorney's Office will review the Work Orders for legal sufficiency prior to the County Manager, or his designee's signature. Executive Summary Approve Two Work Orders and One Purchase Order SCRWTP Wells 39S -42S Page 3 Agenda Item No. 10L September 26, 2006 Page 3 of 36 FISCAL IMPACT: A budget amendment is necessary to transfer funds in the amount of $3,000,000 from Reserves to Project 71051, SCRWTP Four Raw Water Supply Wells 39S — 42S. The source of funds is Water User Fees. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex- officio Governing Board of the Collier County Water -Sewer District: 1. Award Work Order UC -253 to Mitchell & Stark for the equipment purchase in the amount of $497,650. 2. Waive the quotation limits set forth under the contract and award Work Order UC -254 to D.N. Higgins in the amount of $1,884,000 to install the aforementioned equipment. 3. Waive the formal competitive process and award a direct purchase order to TAW in the amount of $334,784 for electrical, instrumentation and controls and an air conditioned electrical equipment enclosure. 4. Approve the necessary Budget Amendment(s). 5. Authorize the County Manager, or his designee to sign the standard Work Orders after approval by the County Attorney's Office. PREPARED BY: Peter Schalt, PMP, Senior Project Manager, Public Utilities Engineering Department Agenda Item No. 10L September 26, 2006 Page. 4 of 36 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10L Item Summary: Recommendation to award Work Order UC-253 in the amount of 5497,650 to Mitchell & Stark Construction Company to provide an emergency generator, enclosure, well pumps and valves, Work Order JC -254 in Ine amount of 51,884,000 to D.N. Higgins to install the aforementioned equipment, both under Fixed Annuai Term Contract 04 -3535, and a purchase order in the amount of $334,784 to TAW Control Systems & Automation for instrumentation and controls electrical equipment, and an air conditioned electrical equipment enclosure for the South County Regional Water Treatment Plant two new Ivtid Hawthorn Zone I and two new Lower Hawthorn Wells 39S and 41S, and 40S and 42S, respectively, as Project 71051. (Jim DeLony, Administrator, Public Utilities) Meeting Date: 9126'2006 9:00:00 AM Prepared By Peter Schalt, PMP Senior Project Manager Date Public Utilities Public Utilities Engineering 91512006 11:22:45 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 911312006 1:51 PM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 9120!2006 8:00 AM Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 9120/2006 9:08 AM Approved By Thomas Wides Operations Director Date .. -�,... Public Utilities Public Utilities Operations 912012006 11:23 AM Approved By Steve Carrell PurchasingfGeneral Svcs Director Date Administrative Services Purchasing 9120/2006 2:26 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 9120=06 2:27 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9120f2006 2:43 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9120(2006 4:19 PM Agenda Item No. 10L September 26, 2006 Page 5 of 36 DOUGLAS N. HIGGINS, INC. 2887 Tamiami Trail East, Suite 1 Naples, Florida 34112 COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION UNDER CONTRACT # 04 -3535 DUE DATE: September 13,200 The undersigned, as quoter, hereby declares that he has examined the specifications and informed himself fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: SCHEDULE OF PRICES BID EQUIPMENT PURCHASES FOR WELLS RO -39S, R040S, R0 41S and RO-42S FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT Item Estimated Description Total No. Quantity 1 Lump Sum For all equipment and services for the Pumping Units in accordance with the Contract Documents and delivered to the County within 100 calendar days after Notice to Proceed, for a lump sum price of: Thrpa hundred twelve thousand Dollars and Zero Cents $$312.000.00 1 -A Calendar Additional amount of days above the amount identified in Days Item 1 for delivery to the County of all equipment provided under Item 1. 0 2 Lump Sum For all equipment and services for the Combination Air and Vacuum Relief Valves and Pressure Relief Valves in accordance with the Contract Documents and delivered to the County within 100 calendar days after Notice to Proceed, for a lump sum price of: One hundred eighteen thousand Dollars and Zero Cents $$118,000.00 2 -A Calendar Additional amount of days above the amount identified in Days Item 2 for delivery to the County of all equipment provided under Item 2. 0 3 Lump Sum For all equipment and services for the Stand -By Power Portable Diesel Engine Driven Power System in accordance with the Contract Documents and delivered to Agenda Item No. 10L September 26, 2006 Page 6 of 36 TOTAL $544,000.00 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 13th day of September, 2006 in the County of Collier , in the state of Florida DOUGLAS N. HIGGINS, INC. Firm's Complete Legal Name Phone No. 239- 774 -3130 FAX No. 239 - 774 -4266 Email: dnhigginsnaplesAgol.com 2887 Tamiami Trail East. Suite 1 Address Naples, Florida 34112 City, State, Zip BY: _ Signature Vice President Title Daniel N. Higgins Name Typed/Printed Date: September 13, 2006 5 the County within 100 calendar days after Notice to Proceed, for a lump sum price of. One hundred fourteen thousand Dollars and Zero Cents $$114,000.00 3 -A Calendar Additional amount of days above the amount identified in Days Item 3 for delivery to the County of all equipment provided under Item 3. 0 TOTAL $544,000.00 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 13th day of September, 2006 in the County of Collier , in the state of Florida DOUGLAS N. HIGGINS, INC. Firm's Complete Legal Name Phone No. 239- 774 -3130 FAX No. 239 - 774 -4266 Email: dnhigginsnaplesAgol.com 2887 Tamiami Trail East. Suite 1 Address Naples, Florida 34112 City, State, Zip BY: _ Signature Vice President Title Daniel N. Higgins Name Typed/Printed Date: September 13, 2006 5 Agenda Item No. 10L September 26, 2006 03,E13/2006 13:35 12395667865 MITCHELLSTARK p,'&,age 7 AQ 6 COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION UNDER CONTRACT # 04 -3535 DUE DATE: September 113, 2006 The undersigned, as quoter, hereby declares that he has examined the specifications and informcd himself filly in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: SCHEDULE OF PRICES BID EQVWMEN1' PURCHASES FOR WELLS RO -39S, RO -40S, RO-41S and R0 42S FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT Item Estimated Description Total No. naafi I Lump Sum For all equipment and services for the .Pumping Units in accordance with the Contract Documents and detivered to the County within 100 calendar days aftzr Notice to P oeeed, for a lump sum price of: ./ AL 4-Y Dollars and Cents $ zz6,►{�a 1 -A Calendar Days Additional amount of days above the amount identified in Item t for delivery to the County of all equipment provided under Item 1. 2 T.ump Sum For all equipment and services for the Combination Air and Vacuum Relief Valves and Pressure Relief Valves in accordance with the Contract Documents and delivered to the County within 100 calendar days after Notice to Proceed, for a lump sum price of: �ar�.d.._x, ry,e.4a,t oti. %iawl.�P Dollars and 1 Ats Cents $ -/Y, too 2 -A Calendar Days Additional amount of days above the amount identified in Item 2 for delivery to the County of all equipment Provided under Item 2. i� a 3 Lump Sum For all equipment and services for the Stand -By Power Portable Dicsel Engine Driven Power System in accordance with the Contract Documents and delivered to Agenda Item fro. 10L 09/13/2006 13:35 12395667865 MITCHELL5TARK Sept terms /ag06 Page 8 of 36 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 1P4 day of u2 ref, I?a 2006 in the County of L°Gl� r , in the state of r- o—v(,Q A. "Ca j Rnmk CO..4Sv _(ma c . Firm's Compicte Legal Name Phone No. Z34i- ST7- ZI fo S FAX No. Z3Q - SL G - 7 $ 6 T Email: �j'��p�(.s.eer (x O�+ti (tit OSte4e•Gana (Pwi Sl:_ 4 yam. Address J 1 city "Statc, Zip BY: S�-gnature V iL� rG � ldas � Title Name Typed/Printed Date;- 9 -I Zoe6 5 the County within 100 calendar days after Notice to Proceed, for a lump sum price of; _Dollars and No Cents S Ida 3 -A Calendar. Additional amount of days above the amount identifrcd in Days Item 3 for delivery to the County of all equipment provided under Item 3. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 1P4 day of u2 ref, I?a 2006 in the County of L°Gl� r , in the state of r- o—v(,Q A. "Ca j Rnmk CO..4Sv _(ma c . Firm's Compicte Legal Name Phone No. Z34i- ST7- ZI fo S FAX No. Z3Q - SL G - 7 $ 6 T Email: �j'��p�(.s.eer (x O�+ti (tit OSte4e•Gana (Pwi Sl:_ 4 yam. Address J 1 city "Statc, Zip BY: S�-gnature V iL� rG � ldas � Title Name Typed/Printed Date;- 9 -I Zoe6 5 ffiZEN . IND% SAMEK Environmental Englneers & Scientists September 19, 2006 Peter Schalt, PMP COLLIER COUNTY GOVERNMENT Public Utilities Engineering 3301 East Tamiami Trail Building H, Third Floor Naples, Florida 34112 Dear Pete, Agenda Item No. 10L September 26, 2006 Page 9 of 36 Hazen and Sawyer, P.C. 2101 Corporate Boulevard Boca Raton, FL 33431 561 997 -6070 Fax: 561997-8159 - E- mailed/Mailed this Date - Collier County SCRWTP Equipment Purchases for Wells RO -39S, R040S, RO-41S and RO-42S Under Contract #04 -3535 Two bids were received for the referenced project on September 13, 2006. A bid tabulation summary for the bids received is attached for reference purposes. The apparent low bidder is Mitchell and Stark Construction Company, Inc. at $497,650.00. The Engineer's estimate for the project was $525,000. We have reviewed the bids for the project and recommend award of the Equipment Purchases for Wells RO -39S, RO -40S, RO -41 S and RO-42S under Contract #fiO4 -3535 to Mitchell and Stark Construction Company, Inc. in the amount of $497,650.00. Very truly yours, HAZEN AND SAWYER, P.C. C. Koroshep P. Project Managek_ ----- c: Albert Muniz Flle: 41010.015-3.1.2 File: 41010.015 -5.0 0 :41010.015009 New York. NY - Armonk, NY - Woodbury, NY - Upper Sacdle River, NJ - Detrolt, MI - Raleigh, NO - Charlotte, NO - Fairlaz, VA - Holtytwood. FL - Boca Ratan, FL - Fart Pieroe, FL - 6ainesvil le, FL - Sarasota, FL - Miami. 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Agenda Item No. 10L WORK ORDER #UC -253 September 26, 2006 Page 11 of 36 "Annual Contract for Underground Utilities Contractors" Contract #04 -3535 This Work Order is for Professional Underground Utilities Contractor Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: SCRWTP WELLS 39S, 40S, 41S, and 42S — Bid Packages B2, B3, B4 — Equipment for Four New Wells The work is specified in the Mitchell & Stark's bid proposal dated September 13, 2006, which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order #UC -253 is assigned to Mitchell & Stark Construction Company. Scope of Work: See attached price proposal for scope of work. Schedule of Work: Substantially complete all Work 120 days from Notice To Proceed (NTP) and Finally Complete all Work 160 days from NTP. Compensation: The County will compensate the Firm in accordance Contract 04 -3535 provisions to billed on a monthly basis for work completed and materials stored to date, less 10% retainage. Total Bid: $497,650.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order to the Contract. PREPARED BY: Peter Schalt, PMP, Senior Project Manager Date REVIEWED BY: Paul E. Mattausch, Water Director REVIEWED BY: Roy B. Anderson, P.E., PUED Director ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney ATTEST: (Corporate Secretary) By: Date: (or) witnesses (2) (1) Signature Print Name Date Date BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: County Manager, or Designee Accepted By: Mitchell & Stark Construction Company By: Signature Type Name and Title (2) Signature Print Name FUND: 412 COST CENTER: 273512 OBJECT CODE: 763100 Project No. 71051 — AND SAWYER . Environmental Engineers & Scientists August 25, 2006 Mr. Pete Schalt Collier County Public Utilities Engineering 3301 Tamiami Trail East, Bldg. H Naples, FL 34112 Dear Pete, Agenda Item No. 10L September 26, 2006 Page 12 of 36 Hazen and Sawyer, RC, 2101 Corporate Boulevard Boca Raton, FL 33431 561997-8070 Fax: 561997-8159 SCRWTP Wells 39S — 42S Walk -in Electrical Equipment Enclosure Please find attached a proposal from Tampa Armature Works Control Systems and Automation (TAW) for providing the equipment and services as identified in the enclosed project documents. The equipment and services are associated with the South County Water Treatment Plant Additional Wells on New Well Sites — Wells 39S, 40S, 41 S and 42S project. As you know, one of the lessons learned during the past year is that we must meet with the suppliers prior to bidding to make sure delivery schedules can be met. In doing, so we have identified some items with excessive lead times due to current market conditions. The long lead times for these products could adversely impact the project's duration. Hence, we have developed a plan via select equipment pre- purchasing to accommodate vendor and project schedules to provide best value services. As requested from the County, Wells 39S -42S must be operational February 2007. The proposal from TAW is a result of direct negotiations with the only supplier that can provide the electricalrrnstrumentation equipment and services necessary within the required time frame. Please refer to the attached letter from our electrical sub - consultant, RKS Consulting Engineers, Inc. addressing TAW's qualifications and unique ability to complete the required tasks within the available time. We have reviewed the proposal from TAW in detail and find the proposal to be very fair and reasonable. We also believe the proposal provides the County with the best value alternative. As such we recommend that the County issue a purchase order within the minimum amount of time necessary to TAW in the amount of $334,784 as defined in the attached TAW proposal and the enclosed project documents. Very truly yours, Hazen and Sawyer, P.C. -- Albert Muniz, P.E. Vice President Project Director O.41010.015LOO9 New York, NY - Armonk, W -Woodbury, NY -Upper Saddle River, NJ - DetroN, MI - Raleigh, NC - Charlotte, NC - FBI On, VA - Hoeytwood, FL -Boca Raton, FL- Fort Pierce, FL -Gal nesvIlle, FL - Sarasota, FL -Miami, FL Agenda Item No. 10L September 26, 2006 Page 13 of 36 RKSConsulting Engineers, Inc. Electrical, Instrumentation & Control Design August 24, 2006 John Koroshec, P.E. Hazen and Sawyer 2101 Corporate Boulevard Boca Corporate Center, No301 Boca Raton, FL. 33431 REFERENCE: Collier County Utilities Division; South County Water Treatment Plant Water Supply Wells 39S, 40S, 41S, 42S. Pre - purchase of Integrated Electrical Equipment Enclosure. Dear John: The purpose of this letter is to document our recommendation for Collier County to pre- purchase the integrated electrical system enclosure for this project from TAW Control Systems. We know TAW (parent company of Tampa Armature Works) to be a long standing reputable supplier of enclosures and integrated electrical systems. They have a good track record with Collier County on previous projects. We believe they can do the project in the very tight project schedule. RKS knows of no other single supplier that can provide the equipment and services necessary for the project in the project time frame. We have reviewed the TAW Bid Form scope and pricing for the equipment and services. The TAW submitted price is fair and reasonable and provides the best value for Collier County. RKS recommends purchase of Integrated Electrical Equipment Enclosure from TAW Control Systems. Sincerely, RKS Consulting Engineers Don Williams, P.E. Principal KACCUD SCWTP Welts 39- 4ZWordprocessing%Recommendatlon for pre purchase.doc w� TA- -W, FA1'!'JmA ARMATURE A00AWS; Mt. TAW Control Systems & Automation To: John C. Koroshec P.E. Cc: Don Williams P.E. Project: Collier County Wells 39S — 42S Agenda Item No. 10L September 26, 2006 Page 14-of 36 6312 78'h St. Riverview, F!, 33569 Tel: 800 - 333 -9449 Fax: 813 - 223 -3894 TAW CE is offering the following equipment and professional services on the project referenced above. Delivery based on receipt of purchase order by August 25,' and Allen - Bradley VFD's being at TAW no later then October 31 s`, Well House #1 to ship by November 28th Well House #2 to ship by December 5ch Limitations TAW CE is not providing any installation or any field wire, conduit, wire terminations. TAW CE will verify field wiring before startup. 2. All Equipment installed by others. 3. Panel Boards are not NEMA 3R SS. 4. Main breaker enclosures are NEMA 1. 5. All PLC's are Allen - Bradley Micrologix 1100. Equipment Interior Equipment RTU /w Fiber — 2 ea RTU /wo Fiber — 2 ea RS Logix 500 —1 ea 480 volt I Line Panel Board/w PM800 series metering, external mounted APT TV'SS — 2 ea 15KVA 480- 120/208 volt transformer — 2 ea 100 amp load center /w external mount surge protection — 2 ea 400 amp, breakers in NEMA1 enclosure — 4 ea Manual Transfer Switch — 2 ea Exterior Lighting Panel — 2 ea Powerflex 700, 100 hp, 125 amp, 18 -pulse 480 VAC VFD Agenda Item No. 10L September 26, 2006 Page 15 of 36 y xx-g• N 4 k' ;ta V- /w DV /DT output filter, controls as required, total of 1. PF700 open frame drive supplied in place of spare parts — 4 ea $142,089 Taxes NOT Included Instrumentation Pressure Gauge /w Seal — 8 ea Flow Meter /w digital indicator, totalizer, transmitter, surge protection, 8" — 4 ea Discharge Pressure Transmitter /-Ar surge protection- 4 ea Drawdown Level Transmitter /surge protection — 4 ea Fiber Optic Cable /w ST Terminations — 4500 ft $47,375 Taxes NOT Included Pump House 18'x. 10.5' wind load rated Electrical Equipment Enclosure — 2 ca 2'/2 Ton (27,000 BTU) redundant AC Units 2 pre pump house /w spare filters — 4 ea Installation and wiring of all equipment inside pump house- 2 ea Supply of SS mounting bolts to be installed by contractor — as req FOB job site. Crane for unloading and placement of house by others — 2 ea $100,628 Taxes NOT Included System Integration PLC Programming Programming Submittals Factory Testing Factory Wetness Testing Modifications to RTU 4/ install Hirschman, Fiber patch panel & jumpers as required Termination of Fiber Optic Cable Testing of Fiber Optic Testing Establish communication between well sites and main plant Startup of VFD's, PLC's and Instrumentation Training Warranty $42,165 Taxes NOT Included Spare Parts 5 each type surge protection (TAW has not included Surge Protection from lighting panel or panel board) 25 each terminal block 5 each fuse 1 each Digital Input, Analog Input, Analog Output $2,527 Taxes NOT Included Total $334,784 Taxes NOT Included If you have any questions please feel free to call. John Opperman Ext 1409 john.opperman *tawinc.com RV E N .N SA Environmental Engineers & Scientists August 25, 2005 Peter Schalt, PMP COLLIER COUNTY GOVERNMENT Public Utilities Engineering 3301 East Tamiami Trail Building H, Third Floor Naples, Florida 34112 Dear Pete, Agenda Item No. 10L September 26, 2006 Page 16 of 36 Hazen and Sawyer, P.C. 2101 Corporate Boulevard Boca Raton, FL 33431 561997-8070 Fax; 561997 -8159 SCRWTP Wells 39S -42S Ilectrical Equipment Enclosure The Engineer's estimate for the Wafk -in Electrical Equipment Enclosures for the referenced raw water wells is $375,000.00. Please refer to our letter dated August 25, 2006 and signed by Albert Muniz for our recommendation to award the furnishing of walk -in electrical equipment enclosures to Tampa Armature Works Control Systems and Automation (TAW) in the amount of $334,784.00. Very truly yours, HAZEN AND SAWYER, P.C. John C. Korog ec, E. Project Manage c: Albert Muniz File: 41010,015-3.1,2 File: 41090.015 -5.0 0:41010.015L010 New York, NY - Armonk, NY - Woodbury, NY - Upper Saddle River, NJ - Oatrod, MI - Raleigh, MG - Charlotte, NC - Falrfax, VA - Hol"ood, FL - Boca Raton, FL - Fort r+ieroe, FL - Galnesvllle, FL - Sarasota, FL - Miami, FL Agenda Item No. 10L WORK ORDER #UC -254 September 26, 2006 Page 17 of 36 "Annual Contract for Underground Utilities Contractors" Contract #04 -3535 This Work Order is for Professional Underground Utilities Contractor Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: SCRWTP WELLS 39S, 40S, 41S, and 42S — Bid Packages B — Installation of Equipment for Four New Wells The work is specified in the D.N. Higgins's bid proposal dated September 19, 2006, which is attached hereto and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced above, Work Order #UC -254 is assigned to D.N. Higgins. Scope of Work: See attached price proposal for scope of work. Schedule of Work: Substantially complete all Work 110 days from Notice To Proceed (NTP) and Finally Complete all Work 135 days from NTP. Compensation: The County will compensate the Firm in accordance Contract 04 -3535 provisions to billed on a monthly basis for work completed and materials stored to date, less 10% retainage. Total Bid: $1,884,000.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order to the Contract. PREPARED BY: Peter Schalt, PMP, Senior Project Manager Date REVIEWED BY: Paul E. Mattausch, Water Director REVIEWED BY: Roy B. Anderson, P.E., PUED Director ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney ATTEST: (Corporate Secretary) By: Date: Date Date BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: County Manager, or Designee Accepted By: D.N. Higgins By: Signature Type Name and Title (or) witnesses (2) (1) (2) Signature Signature Print Name Print Name FUND: 412 COST CENTER: 273512 OBJECT CODE: 763100 Project No. 71051 Agenda Item No. 10L September 26, 2006 Page 18 of 36 DOUGLAS N. HIGGINS, INC. 2887 Tamiami Trail East, Suite 1 Naples, Florida 34112 COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION UNDER CONTRACT 04 -3535 PROPOSAL PAGE DUE DATE: SEPTEMBER 21.2006 The undersigned, as quoter, hereby declares that he has examined the specifications and informed himself fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: SCHEDULE OF PRICES BID RAW WATER TRANSMISSION MAIN AND APPURTENANCES FOR WELLS RO -39S, RO -40S, RO -41S and RO -42S FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT Item Estimated Description Total No. Quantity 1 Lump Sum For mobilization, demobilization, site preparation, mechanical, electrical, structural, architectural and all other work not included in Bid Item No. 2 but required to complete the Raw Water Transmission Main and Appurtenances for Wells RO -39S, RO -40S, RO-41S and RO -42S in accordance with the Contract Documents, for a lump sum price of: One million eight hundred sixty four thousand Dollars and Zero Cents $ i ,ard,non nn 2 Lump Sum For landscaping at Wells Sites RO -39S, RO -40S, RO -41S and RO -42S in accordance with the Contract Documents for the lump sum price of: Twentythousnnd Dollars and Prp Cents $ 2n nnn no TOTAL BASE BID PRICE FOR ITEMS 1 THROUGH 2 $ 1 RF14 nnn nn Written: • ll COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION RFQ Number under Contract 04 -3535 -Due Date: September 21, 2006 NON- QUOTER'S RESPONSE F. Non-guoter's Response: Agenda Item No. 10L September 26. 2006 Page 19 of 36 In the event that you are unable to submit a response for this quote, please return this form to: Barbara Hecker, Purchasing Technician, 3301 Tamiami Trail East, Naples, FL 34112. We are not responding to this Request For Information /Quotation for the following reason(s) Name of Firm: By: Signature of Representative 3 Agenda Item No. 10L September 26, 2006 Page 20 of 36 AMOUNTS SHALL BE SHOWN IN BOTH WORDS AND FIGURES. IN CASE OF DISCREPANCIES, THE AMOUNT SHOWN IN WORDS SHALL GOVERN FOR EACH BID ITEM AND TOTAL BASE BID. Quoter acknowledges that included in the various items of the bid proposal and in the TOTAL BASE BID PRICE (Items 1 through 2) are costs for complying with the Florida Trench Safety Act, F.S. 553.60 et. seq. The Bidder by signing and submitting the Trench Safety Act Compliance Statement is, in writing, assuring that it will perform any trench excavation in accordance with applicable trench safety standards. The Owner reserves the right to award on Total Base Bid Price as identified above, by the lowest responsive responsible bidder. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 19th day of September 2006 in the County of Collier. , in the state of Florida DOUGLAS N. HIGGINS, INC. Firm's Complete Legal Name Phone No. 239 - 774 -3130 FAX No. 239 - 774 -4266 Email: dnhigginsnaales@aol.com 7 Tamiami Trail East. Suite 1 Address Naples, Florida 34112 City, State, Zip Signature Vice President Title Daniel N. Higgins September 19, 2006 Name Typed/Printed Date Agenda Item No. 10L September 26, 2006 Page 21 of 36 TRENCH SAFETY ACT Quoters acknowledges that included in the various items of the bid and in the Total Quote Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Quoter further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure uanti Cost Cost (Description) Lf F,SY) 1. 2. 3. 4. 5. /„�, �� S,�or -�y LF TOTAL $ 3, coo • Failure to complete the above may result in the Bid being declared non - responsive. Dated s ue, -kr 2 006 a S �,✓C oter BY: C 0 Agenda Item No. 10L September 26, 2006 Page 22 of 36 (YLE C0N5r9UCr10N_, INIC 3636 PROSPE'CrAVE.. NAPLES, FL 34104*(239)643- 7059*Fa4u643 -4679 COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION UNDER CONTRACT 04 -3535 PRO OSAL PAGE i DUE DATE: SEPTEMBER 1 2006 The undersigned, as quoter, hereby declares that he has examined the specifications and informed himself fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: SCHEDULE OF PRICES BID RAW WATER TRANSMESTON MAIN AND APPURTENANCES FOR WELLS R0.39S, RO -40S, RO-41S and RO-42S FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT Reim Estimated Description 'Total No. Quantity 1 Lump Sum For mobilization, demobilization, site preparation, mechanical, electrical, structural, architectural and all other work not included in Bid Item No. 2. but required to complete the Raw Water Transmission Main and Appurtenances for Wells RO -39S, RO -40S, RO-41S and RO-42S in accordance with the Contract Documents, for a lump sum price of EnJ ) h r- r °" I. 0 C-eM 2 Lump Sum For landscaping at Wells Sites RO -39S, RO40S, RO-41S and RO-42S in accordance with the Contract Documents for the lump sum price of: u; Emit Dollars and No Cents SZ W TOTAL BASE BID PRICE, FOR ITEMS 1 THROUGH Z 33 Written: I " Dollars and Cents. 4 60/10 3JCd NI NOI10n8lSNOa 31AA 6L9VEV9GEZ 80 :91 900Z/61/60 Agenda Item No. 10L September 26, 2006 Pace 23 o` 36 AMOUNTS SHALL, BE SHOWN IN BOTH WORDS AND FIGURES. IN CASE OF DISCREPANCIES, THE AMOUNT SHOWN IN WORDS SHALL GOVERN FOR EACH BID ITEM AND TOTAL BASE BID. Quoter acknowledges that included in the vafzous items of the bid proposal and in the TOTAL BASF, BID PRICE (Items 1 through 2) are costs for complying with the Florida french Safety Act, F.S. 553.60 et. seq. The Bidder by signing and submitting the Trench Safety Act Compliance Statement is, in writing, assuring; that it will perform any trench excavation in accordance with applicable trench safety standards. The Owner reserves the right to award on Total Base Bid Price as identified above, by the lowest responsive: responsible bidder. IN 'WTrNESS WPIEREO , WE have hereunto subscribed our names on this day of 2006 in the County of , in the State of ELc))L, _-FNA m's Complete legal Name Phone No. 23q - 03 - -7Q54 PAX No. Email: �L(T oS 2 2 tr7 ME Address 106 - o - ity, State, Zip 13Y: ( k1l"ll Ji ////, /,v,.. r L /j, - Signa e Title _ f �� Name Typed/Printed Date E0 /Z0 30Vd NI N0LLonHiSN00 31AA 6G9bEb96EZ 80 :SZ 900Z/61/60 Agenda Item No. 10L September 26, 2006 Page 24 of 36 TRE,NCH SAFETY ACT Quoters acknowledges that included in the various items of the bid and in the Total Quote Price are costs for complying with the Florida Trench Safety Act (90 -96, saws of Florida) effective October 1, 1990. The Quoter furthtx idcntifies the cost to be summarized below: Trench Safety Units of unit Unit Extended Measure Measure (Ouantity Cost Cost ('Description) F S .3o2D 1�3p m 2. .� 3. 4. 5. TOTAL $ 3_ bao Failure to complete the above may result in the Bid being declared non - responsive. Dated a 00doter I BY: 6 E0 /E0 3Jdd NI NDI10nHiSN00 31AN 6G9tEb96EZ 80:91 900Z/6T/60 Agenda Item Pao. 10L September 26: 2006 Page 26 of 36 Mitchell & Stark CanstructiOn Company, Inc. %tCantractors and Engineers since 3955" 6001 Shirley Street, Naples, Florida 34149 To: Collier County Government Attu: Mrs. Lyn M. Wood, C.P.M. @Fax: 239 -530 -6593 From: Mike Westhafer Date: 9/19/1-006 Pages: 4 Re: Raw Water Transmission Main and Appurtenances for Wells RO -39S, RO -40S, R041 S and R0 42S for the SCRWTP Dear Mrs. Wood: Attached is our proposal for the referenced project. Thank you for the opportunity to provide this proposal. Sincerely, Michael P. Westhafer ph. 239 -597- 2165 x26 fax 239 - 566 -7865 www.mitchollstark.com► b0 /i0 39dd AHV1S113HOiIW 99BL9996EZI OZ :ZT 90OZ/6T/60 Agenda Item No. 10L September 26; 2006 Page 27-of 36 COLLIER COUN'T'Y FLORIDA REQUEST FOR QUOTATION UNDER CONTRACT 04 -3535 PROPOSAL P AGE DUE DATE: SEPTEKBER 21, 2006 The undersigned, as quoter, hereby declares that he has examined the specifications and informed himself fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: SCHEDULE OF PRICES BID RAW WATER TRANSMISSION MAIN AND APPURTENANCES FOR WELLS RO-39S, R040S, RO-41S and R042S FOR THE SOUTH COU14W REGIONAL WATER TREATMENT PLANT Item Estimated Description Total No. Quantity 1 Lump Sum For mobilization, demobilization, site preparation, mechanical, electrical, structural, architectural and all other work not included in Bid Item No. 2 but required to complete the Raw Water Transmission Main and Appurtenances for Wells RO -39S, R0-40S, RO-41 S and R.O -42S in accordance with the Contract Documents, for a lump sum price of: � Dollars and --�— Q12 Cents 2 Lump Sum For Iandscaping at Wells Sites RO -39S, RO -40S, RO-41 S and RO-42S in accordance with the Contract Documents for the Pump sum price of: Dollars and o _Cents $fie - p TOTAL BASE BID PRICE FOR ITEMS 1 THROOGH 2 S 0-- -7 Written: T r Dollars and hfa Cents. 4 VO /Z0 39dd ANVIS-1- 13HXIW 99BL99966ZT OZ:ZT 900Z/6I/60 Agenda Item No. 10L September 26, 2006 Page 28 of 36 AMOUNTS SHALL BE SHOWN 1N BOTH WORDS AND FIGURII S. IN CASE OF D1SCR.EPANCII;S, 'ITTE AMOUNT SHOWN IN WORDS SHALL GOVERN FOR EACH BE) rTEM AND TOTAL BASE BID. Quoter acknowledges that included ul the various items of the bid proposal and In the TOTAL BASE BID PRICE (Items 1 through 2) are costs for complying with the Florida Trench Safety Act, F. S. 533.60 et. seq. The Bidder by signing and submitting the Trench Safety Act Compliance Statement is, in writing;, assuring that it will perform any trench excavation in accordance with applicable trench safety standards. The Owner reserves the right to award on Total Base Bid Price as identified above by the lowest responsive, responsible bidder. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ! �I day of See � 2006 in the County of G•o // /-a e- , in the state of ; s. . Firm's Complete Legal Name Phone No. '-S�5 7 - 2 ids' FAX No. .-- Email: Address City, State, zip BY: Signature Title & r�wni ��r rN dr l F1,9,a Name Typed/Printed Date ti0 /E0 39d8 76ViST13H0iIW 998L9996EZI 0Z :ZT 900Z/61/60 Agenda Item No. 10L September 26, 2006 Page 29 of 36 TRENCH SAFETY ACT Quoters acknowledges that included in the various items of the bid and in thr Total Quote Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective, Ootober 1, 1990. The Quoter further identifies the cost to' be summarized below. Trench Safety Units of Unit Unit Extended Measure Measure LQpi nt —it Cost Cost (Descrij2d L( F.SY) 1. 2. 3_ 4. 5 Icy iv L_ r- 30 &-o %QG ?400 TOTAL ©per .,. Failure to complete the above may result in the Bid being declared non - responsive. Dated, 9 If 9 [C) C, Quoter BY- 6 b0 /40 39Vd XIViS l-3H3lIW 99GL99966ZI OZ:ZZ 900Z/61/60 SEP /19/2006/TH 03:25 PM Quality Enterprises 3894 Mannix Drive, #216, Naples, PL 34114 (239) 435 -7200 (239) 435 -7202 FAX E -mail- estimator @qe- usa_com Fax: FAX No,239 435 7202 To: Lyn Wood @ Collier County From: Rick Slicko Agendflft No. 10L September 26, 2006 Page 30 of 36 Fax #: 530 -6593 Pages: 4 including cover sheet Re: Request for Quotation Date: September 19, 2006 Under Contract No. 05 -3535 "Raw Water Transmission Main and Appurtenances for Wells RO -39S, RO -40S, RO -41S and RO-42S for the South County Regional Water Treatment Plant" Attached please find quotation for the above referenced project as requested. SEP /19 /200E /TUE 03:25 PM Quality Enterprises FAX No. 239 435 7202 Agenda 0 @@i No. 10L September 26, 2006 Page 31 of 36 Quality Enterprises USA, Inc. COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION UNDER CONTRACT 04-3 53 5 PROPOSAL PAGE.. DUE DATE: SEPTEMBER 21., 2006 The undersigned, as quoter, hereby declares that he has examined the specifications and informed himself fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the following: SCREDULE OF PRICES BID RAW WATER TRANSMXSSION MAIN AND APPURTENANCES FOR WELLS RO -395, RO -40S, RO -418 and RO -42S FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT Itel a Estimated Description Total No. !Quantity 1 Ltunp Sum For mobilization, demobilization, site preparation, mechanical, electrical, structural, architectural and all other work not included in Bid Item No. 2 but required to complete the Raw Water Transmission Main and Appurtenances for Wells RO -395, RO -405, RO -415 and RO -42S in accordance with the Contract Documents, for a lump sum price of; Two Million Three Hundred Sixty One Thousand Seven Hundred t%lIna -amid Fifty Cents $2,361,717. 2 Lump Sinn For landscaping at Wells Sites RO -39S, RO -40S, RO -41S and RO -42S in accordance with the Contract Documents for the Iump sure price of: Thirty Two Thousand Five Hundred Dollars and No No Cents $ 32,500.00 TOTAL BASE BID PRICE FOR ITEMS 1 THROUGH 2 S 2,394,217.50 Written: Two Million Three Hundred Ninety Four Thousand Two Hundred Seventeen Dollars Dollars and Fifty Cents. 4 SEP /19 /2006 /TUE 03:25 PM Quality Enterprises FAX No. 239 435 7202 Agendapltg NO. 10l_ September ;6, 2006 AMOUNTS SkIALL BE SHOWN TId BO'rrI WORDS AND IIGiJItE Page 32 of 36 S. IN CASE OF DISCREPANCIES, THE AMOUNT SHOWN IN WORDS SHALL GOVERN FOR EAC.PI BID TIBM AND TOTAL BASE BTD. Quoter acknowledges that included in the various items of the bid proposal and in the TOTAL BASE BID PRICE (Items 1 through 2) are costs for complying with the Florida Trench Safety Act, F.S. 553.60 et. seq, The Bidder by signing and submitting the Trench Safety Act Compliance Statement is, in writing, assuring that it will perform any trench excavation in accordance with applicable.treach safety standards. The Owner reserves the rl ht to aw tal Base Bid Price a.1 identified above, bY the lowest res onsive rasp -nsible bidder. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this -19th day of Seotemher. 2006 in the County of Collier , in the state of Florida Quality } Enterprises Ur_SA Inr Finn's Complete Legal Name Phone No. 239- 435 -7200 FAX No, 239 - 4357202 Email: btmurrell @ue -usa. com� and mcohen @qe -usa. con 3894_bMannix Drive, Suite 216 Address Naples, FL 34114 -5406 City, State, Zip BY: / ' --�� / Si,tnature Vice President Title Richard R. Slicko 9/19106 Naine Typed /Printed Date SEP /19/2006/TUE 03:25 PM Quality Enterprises FAX No,239 435 7202 Agendp ggqi No. 10L September 26. 2006 Page 33 of 36 TRENCH SAFETY ACT Quoters acknowledges that included in the vw-ious items of the bid and in the Total Quote Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Quoter furtlier identifies the cost to be summarized below; Trench Safety Units of Unit Unit Extended Measure Measure nand Cost Cost (Description) L SY 1. 2. 3, 4. 5. Slope LF 7,650 L_5. 00 $ 38,250.00 TOTAL $—i812-50, 00 Failure to complete the above may result in the Bid being declared nonresponsive. Dated September 19, 2006 Quality Enterprises USA, Inc. Quoter BY: R chard R. kicko, 'Dice President 6 -j (.0 C-0 O O M V O 1 �t - N M N c a C,U) Q T' L O ti O c I Ci Z N)Ci a` v v M n L � O O N ' _N C T W W O Q� V to d .. N ,�.,..:,..` E H . C g a v ; c p rci � o CL c 4 o _ o o d LO O p O t0 m ao = N CY c m ro o r C p CY O a r L � N Q c DO- CL m �_ H p a r V C O O •p V Z N °D c 00 N n a E u ?Y C w w E w E V N " c w O c> N m o o C O O F- ' � •� L C C - Z O O v c a c u o W u c � � a Z u u d E m U) ay d o U01- o a a o c` c oy w c oy � a a J Co cc O O M r p O O Z � � (D D E rl c n a) � Q N z Q J a z W Q W cc F- CC W I- Q J z O a W } z U F- M O Cl) } H z I U cc W J J U N N I O cc G z Q O O O cc 01 M O cc N J J w 0 Z Q j m O m O O ca O O N CA L E d Q 0 Cl) m v cc N m c cu c cz E c O N to ch c f� N c0 a� O C O U C O U O L O N C E O 0) E 00 =3 C) U) cz Q m E C .. O ° z .c U U E O Q) c ct1 U U C ca CA c 16 U X N N O L m O L Cn M O m 3 a� CO N O L cm c 0 L O C7 O m N R{ cm c .Q cis U C (0 O C C O E Q. J N O Z E N cc Ln LU } O _O Q O c Z z O z Q Z w Qo = a' I O c0) (Z O O o O m O O O Ln y m O O O 00 CD co N t` w ti r N m et C) M le 00 Cl) O O 00 M_ 0) M 0 r N r N 6F} d} 4!} EA y y .. N O O O O Cl O O O C O z O O O — O O O O m y E r��+ C NO N N o N cn cc i l4 ff3 6s 6s 63 m r O O O Lq O Cl In rl_ .- z C -11 co r- E (D � 00 O Ch cv a r M r N r N 6q 6� �q U C O U C O � N c cm c o o U C 05 ^ l afi N Q a> +. o i z cn cz c U � Q) w C N U cz U o Y 2 O c cu c cz E c O N to ch c f� N c0 a� O C O U C O U O L O N C E O 0) E 00 =3 C) U) cz Q m E C .. O ° z .c U U E O Q) c ct1 U U C ca CA c 16 U X N N O L m O L Cn M O m 3 a� CO N O L cm c 0 L O C7 O m N R{ cm c .Q cis U C (0 O C C O E Q. J N O Z E N cc Ln LU } O _O Q O c Z z O z Q Z w Qo = a' I O c0) (Z RAZEN Arl) SAWER Environmental Engineers & Scientists September 19, 2006 Peter Schalt, PMP COLLIER COUNTY GOVERNMENT Public Utilities Engineering 3301 East Tamiami Trail Building H, Third Floor Naples, Florida 34112 Dear Pete, Agenda Item No. 10L September 26, 2006 Page 36 of 36 Hazen and Sawyer, PC. 2101 Corporate Boulevard Boca Raton, FL 33431 561997-8070 Fax: 561997 -6159 - E- mailed /Mailed this Date - Collier County SCRWTP Bid Package B — Raw Water Transmission Main and Appurtenances for Wells RO -39S, O-40S- RO -41 S and RO-42S Four bids were received for the referenced project on September 19, 2006 at 4:00 p.m. A bid tabulation summary for the bids received is attached for reference purposes. The apparent low bidder is Douglas N. Higgins, Inc. at $1,884,000.00. The Engineer's estimate for the project was $2,100,000.00. We have reviewed the bids for the project and recommend award of Bid Package B — Raw Water Transmission Main and Appurtenances for Wells RO -39S, R0-40S, RO-41S and RO-42S to Douglas N. Higgins, Inc. in the amount of $1,884,000.00. Very truly yours, HAZEN AND SAWYER, P.C. t��Jnhn C. Ko os�`hec,,-!'.E. Project Manager C.* Albert Muniz Flle: 41010.015 -3.1.2 File: 41010.015 -5.0 0:41010.015L011011 New York, NY - Armonk, NY - Woodbury, NY - Upper Saddle River, NJ - Detroit, MI - Raleigh, NO - Charlotte, NO - Fairfax, VA - Hollytwood, FL - Boca Raton, FL - Fort Pierce, FL - Gainesville, FL - Sarasota FL - Miami FL Agenda Item No. 12A September 26, 2006 Page 1 of 16 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners give direction to the Office of the County Attorney concerning the settlement offer required by Section 70.001(4)(c), Fla. Slat., in response to the purported Bert Harris Act Claim asserted by R & S Development Company - the owner(s) of the property that was proposed to be rezoned to Sandalwood Residential Planned Unit Development. OBJECTIVE: Recommendation that the Board of County Commissioners give direction to the Office of the County Attorney concerning the settlement offer required by Section 70.001(4)(c), Fla. Stat., in response to the purported Bert Harris Act Claim asserted by R & S Development Company, (hereinafter collectively referred to as "R & S Development ") the owners of the property described in Exhibit "A" hereto known as the proposed Sandalwood RPUD. CONSIDERATIONS: On or around July 26, 2006, the owners of the Sandalwood RPUD property, R & S Development, submitted a Notice of Claim to Collier County purportedly pursuant to the Bert J. Harris, Jr., Private Property Rights Protection Act, Section 70.001, Fla. Stat. This claim allegedly derives from the Board's February 14, 2006, denial of the Sandalwood RPUD rezone application. Under the Bert Harris Act, a local government has 180 days within which to make a written settlement offer in response to such a claim. The settlement offer is to be in writing and can involve any of the following alternatives set forth in the statute: 1. An adjustment of land development or permit standards or other provisions controlling the development or use of land. 2. Increases or modifications in the density, intensity, or use of areas of development. 3. The transfer of developmental rights. 4. Land swaps or exchanges. 5. Mitigation, including payments in lieu of onsite mitigation. 6. Location on the least sensitive portion of the property. 7. Conditioning the amount of development or use permitted. 8. A requirement that issues be addressed on a more comprehensive basis than a single proposed use or development. 9. Issuance of the development order, a variance, special exception, or other extraordinary relief. 10. Purchase of the real property, or an interest therein, by an appropriate governmental entity. 11. No changes to the action of the governmental entity. The 180 -day period may be extended by agreement of the parties. In this case, however, representatives of R & S Development have stated there is no interest in extending the statutory settlement period. Thus, the 180 -day period will expire on or around January 22, 2007. Agenda Item No. 12A September 26, 2006 Page 2 of 16 Thereafter, R & S Development may attempt to assert its purported Bert Harris Act Claim in a civil action. At this time, the Office of the County Attorney requires direction from the Board concerning a proposed settlement offer by R & S Development to the County. A settlement agreement between the County and R & S Development will settle any and all claims arising from a notice of claim filed with the County pursuant to the Bert J. Harris Private Property Rights Act (Section 70.001, Florida Statutes) and a Petition for Writ of Certiorari in Collier County Circuit Case No. 06- 384 -CA arising from the Board's denial of rezone application known as Sandalwood Residential Planned Unit Development. A draft proposed settlement agreement submitted by R & S Development is attached as Exhibit B. The proposed settlement agreement would have the effect of approving Petition No. PUDZ- 2004 -AR -6932, Sandalwood RPUD, to allow construction of up to 60 single- family detached dwelling units, which equates to a density of 2.92 units per acre. The total number of dwelling units would not exceed 60 units. R & S Development would also be required to contribute funds for affordable housing. FISCAL IMPACT: The purported Bert Harris Act Claim was accompanied by an appraisal that asserted a diminution in value of approximately $10 million. In addition, if R & S Development is successful in prosecuting the claim, it would be entitled to reasonable attorneys' fees and costs. At this time, of course, the purported Bert Harris Act Claim is disputed and any ultimate potential fiscal impact to the County is in fact unknown. The cost of defending against the claim is currently being paid through Community Development and Environmental Services/Fund 111. GROWTH MANAGEMENT IMPACT: There would appear to be no growth management impact associated with this Executive Summary at this juncture, although there may be a growth management impact depending upon any settlement alternative that might be approved by the Board. RECOMMENDATION: It is recommended that the Board of County Commissioners give direction to the Office of the County Attorney concerning the proposed settlement offer by R & S Development to the County. PREPARED BY: Marjorie M. Student - Stirling, Assistant County Attorney Agenda Item No. 12A September 26, 2006 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 12A Item Summary: Recommendation that the Board of County Commissioners give direction to the Office of the County Attorney concerning the settlement offer required by Section 70.001(4)(c), Fla. Stat., in response to the purported Bert Harris Act Claim asserted by R & S Development Company - the owner(s) of the property that was proposed to be rezoned to Sandalwood Residential Planned 'Unit Development. Meeting Date: 9/26 /2006 9:00:00 AM Approved By Marjorie M. Student - Stirling Assistant County Attorney Date County Attorney County Attorney Office 9113/2006 4:1)8 PM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Adminstrator Community Development & Community Development & Environmental Services Environmental Services Admin. 9/1312006 5:57 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 911412006 4:17 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/15/2006 9:30 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9115/2006 9:43 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1512006 4:40 PM Agenda Item No. 12A September 26, 2006 Page 4 of 16 LEGAL DESCRIPTION The subject property being 20.58 acres, is located in Section 13, Township 48 South, Range 25 East, and is fully described as: BEING THE SOUTHWEST '/4 OF THE NORTHWEST '/4 OF THE NORTHWEST ' /a, LYING AND BEING IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, BEING 10 ACRES MORE OR LESS, COLLIER COUNTY, FLORIDA SUBJECT TO A FIFTY FEET (50 FEET) MUTUAL RIGHT -OF -WAY EASEMENT EXTENDING TWENTY -FIVE FEET (25') ON EITHER SIDE OF ALL SECTION LINES, INCLUDING QUARTER AND HALF SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. TOGETHER WITH: O.R. 2403 PAGE 2786 NW '/40F THE NW '/4 OF THE NW %4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. 7.40_00711W R & S DEVELOPMENT COMPANY, LLC, a Florida limited liability company, Petitioner, VS. COLLIER COUNTY, a Political Subdivision of the State of Florida, Respondent. Agenda Item No. 12A September 26, 2006 Page 5 of 16 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA. CASE NO. 06-384-CA SETTLEMENT AGREEMENT �. This Settlement Agreement is hereby entered into on the date noted below, by and between R & S DEVELOPMENT COMPANY, a Florida limited liability company registered to do business in Florida, and COLLIER COUNTY, a Political Subdivision of the State of Florida. WHEREAS Petitioner, R & S DEVELOPMENT COMPANY, is the owner of a certain parcel of property located in Collier County, Florida (hereinafter the "Property "). WHEREAS Petitioner submitted an Application for a PUD rezoning on the Property, Petition PUDZ- 2004 -AR -6932 — Sandalwood Residential Planned Unit Development (RPUD). WHEREAS County Staff recommended approval of the Application. WHEREAS, notwithstanding the recommendation, the County denied the application on February 14, 2006. WHEREAS, Petitioner has filed this action concerning the denial of its Application, Case No. 06- 384 -CA, in the Circuit Court of the Twentieth Judicial Circuit; in and for Collier County. ` i& S Development Company, LLC vs. Collier County Settlement Agreement Case No. 06- 384 -CA Agenda Item No. 12A September 26, 2006 Page 6 of 16 WHEREAS, Petitioner has served a Notice of Claims to Collier County pursuant to F.S. § 70.001, The Bert J. Harris Private Property Rights Act. WHEREAS, F.S. § 70.001(4)(c) and (d) provides, in its pertinent part: (c) During the 180- day - notice period, unless extended by agreement of the parties, the governmental entity shall make a written settlement offer to effectuate: 1. An adjustment of land development or permit standards or other provisions controlling the development or use of land. 9. Issuance of the development order, a variance, special exception, or other extraordinary relief. WHEREAS Petitioner and the County have engaged in negotiations, which resulted in a settlement offer to include the following terms: • That the County shall approve the Application for PUD Rezoning, subject to court approval; • That the Petitioner shall waive, release and discharge all claims under F.S. §70.01; • That the Petitioner shall contribute $1,000.00 per unit to the County's Affordable Housing Trust Fund as each unit receives certificate of occupancy. WHEREAS, in furtherance of the settlement, the parties have agreed to this Settlement Agreement. WHEREAS, the County is of the belief that this Settlement Agreement protects the public interest and is necessary to prevent governmental regulatory effect from inordinately burdening Petitionces Property. WHEREAS, the County does not believe that this Settlement Agreement would have the 2 of 4 ' -' R & S Development Company, LLC vs. Collier County Settlement Agreement Case No. 06- 384 -CA Agenda Item No. 12A September 26, 2006 Page 7 of 16 effect of contravening the application of a statute that would otherwise apply, but wishes to obtain Court approval and will jointly apply for the same with Petitioner in Case No. 05- 967 -CA. NOW THEREFORE, it is agreed as follows: 1. The recitations above are true and correct and are incorporated herein. 2. Within fifteen (15) days of approval of this Settlement Agreement by the Collier County Board of County Commissioners, the parties shall file a petition for joint approval of this Settlement Agreement with the Circuit Court of Collier County in Case No. 05- 967 -CA, and shall call the same for hearing as soon as practical thereafter. 3. Upon approval by the Court, the PUD Rezoning Order shall become effective and shall be forth certified by the Clerk of Courts for Collier County and filed with the Secretary of State. 4. In consideration of approval of the Amendment to the PUD Ordinance (Exhibit 4), Petitioner hereby agrees to the following, which obligation shall arise upon expiration of appeals. (a) Petitioner shall contribute $1,000 per unit to the County's Affordable Housing Trust Fund as each unit receives certificate of occupancy. (b) Petitioner will waive, release and discharge all claims under F.S. §70.01. 5. In the event of an appeal, the above action shall be stayed during the course of appeal. In the event any appeal is successful, this Settlement Agreement shall be void and of no further force and effect. 3 of 4 R & S Development Company, LLC vs. Collier County Settlement Agreement Case No. 06- 384-CA Agenda Item No. 12A September 26, 2006 Page S of 16 6. Upon expiration of all appeals and/or time for objections and challenges of the County's approval, the parties shall jointly notify the Court and request a dismissal of the above action. SO AGREED this day of 52006. COLLIER COUNTY R & S DEVELOPMENT COMPANY, LLC By: County Manager, with . approval of the Board of County Commissioners HAML023992- hpIftettlemtapeero Ldoc By: Print Name: Brit Svoboda Authorized Agent 4 of 4 Agenda Item No. 12A September 26, 2006 Page 9 of 16 AGENDA February 14, 2006 9:00 AM 8B This item requires that all participants be sworn in and ex parte disclosure be Provided by Commission members. PUDZ- 2004 -AR -6932; R & S Development Company, LLC, represented by Kelly Michelle Smith, of Davidson Engineering, Inc., requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a residential development to allow a maximum of 60 dwelling units, to be known as Sandalwood RPUD. The property to be considered for this rezone is located west of Livingston Road, just south of Mediterra, in Section 13, Township 48 South, Range 25 East, in Collier County, Florida and consists of 20.58 acres. Resolution of Denial 2006 -37 — Adopted 5/0 Agenda Item No, 12A September 26, 2006 Page 10 of 16 EXECUTIVE SUMMARY PUDZr2004 -AR -6932: R & S Development Company, LLC, represented by Kelly Michelle Smith, of Davidson Engineering, Inc., requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a residential development with a maximum of 60 dwelling units, to be [mown as Sandalwood RPUD. The property to be considered for this rezone is located on the south side of the proposed Veterans Memorial Boulevard and approximately one half mile west of Livingston Road, in Section 13, Township 48 South, Range 25 East, in Collier County, Florida and consists of 20.58 acres. �# 1 • ' To have the Board of County Commissioners (BCC) consider an application to rezone 20.58 acres from Rural Agricultural (A) to Residential Planned Unit Development (RPUD), to be known as Sandalwood RPUD, and to make sure that the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property is currently undeveloped, with the exception of a linear area along the western edge of the property that was legally cleared and impacted to provide access to the adjacent site when it was developed as the North Naples Middle School. The site is bordered on the south and east by the North Naples Middle School and a future elementary school. Mediterra is located to the north. Imperial Golf Estates is located across the drainage canal to the west. The applicant requests the rezone to permit up to 60 single - family detached dwelling units, which equates to a density of 2.92 units per acre. This density is less than the allowable density according to the Growth Management Plan. The subject property will be accessed by the future Veterans Memorial Boulevard, previously known as Livingston East/West. The applicant has committed to providing two of the expected six lanes, as well as accommodating the drainage from three lanes. FISCAL IMPACT: The rezoning, by and of itself, will have no fiscal impact on Collier County public facilities. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the PUD is approved, the subject property could be developed above and beyond the current level of allowable uses. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund Page 1 of 4 Agenda Item No. 12A September 26, 2006 Page 11 of 16 projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project at the time of final local development order. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT HgPACT: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use. Map of the Growth Management Plan. This district is intended to accommodate a variety of residential uses, including Planned Unit Developments. Relevant to this petition, this Subdistrict permits a variety of residential unit types at a base density of 4 dwelling units per acre, limited to a maximum of 16 dwelling units per acre, as allowed under the Density Rating System. The proposed density of 2.92 units per acre is consistent with density allowed in this subdistrict. Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. As described in the attached staff report, the Department of Zoning and Land Development Review staff believes that the PUD document contains appropriate limitations to ensure that this project will be compatible with the existing development in the area; therefore, Comprehensive Planning staff recommends that the petition be deemed consistent with that FLUE policy. TRANSPORTATION REVIEW: The Transportation Division reviewed the petition for consistency with the objectives and policies of the Transportation Element of the Growth Management Plan. Staff finds the petition to be consistent with all policies. ENVIRONMENTAL ISSUES: Environmental review staff has evaluated the proposed PUD; they are satisfied that the project meets their requirements. ENVIRONMENTAL ADVISORY COUNCIL (EACI ISSUES: The Environmental Advisory Council (EAC) did not hear this petition because there are no new wetland or listed species impacts proposed. Page 2 of 4 Agenda Item No. 12A September 26, 2006 Page 12 of 16 PLANNING CONIMSSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on January 19, 2006 and with a vote of 9 -0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the following stipulations: 1. The applicant will make a $1000 donation per dwelling unit to the Collier County Affordable Housing Trust Fund. 2. The PUD language that allows the applicant to obtain access to the ASR wells provided within the PUD will be reviewed to ensure fair distribution of reclaimed water. 3. Any wall constructed between the future elementary school and the east side of the subject property will be paid for and maintained by the developer. 4. The front setback will be changed to 23 feet. 5. Language in the Transportation section of the PUD document regarding drainage from the future Veterans Memorial Boulevard will be revised to allow Transportation to retain additional water onsite, if necessary. 6. The developer will provide a six -foot high wall atop a two and a half -foot tall berm with a type B landscape buffer along the western boundary of the subject property where development occurs. 7. The PUD will be reduced from a maximum of 67 units to a maximum of 60 units. At the time the petitioner did not olect to the conditions placed on the application by the Planning Commission. On January 27 the agent notified staff that they would like to be placed on the regular agenda to discuss the proposed revisions to items 4 and 6, which are reflected in the revised PUD document. The developer would prefer to have the flexibility of limiting the front setback to 23 feet only for the garage and allow the remainder of the home to have a 20- foot front yard setback. Staff can support this request, even though it is contrary to the Planning Commission recommendation. The stipulation regarding the wall on the western side of the site reflects a commitment made to neighbors by the developer during an independent meeting. Although provision of the wall would exceed the Land Development Code buffering requirement, staff feels that it is important to adhere to commitments made, regardless of where or when they are made. All of the other stipulations have been incorporated into the PUD document. In addition to the stipulations placed on the recommendation, the CCPC had a general discussion on the following topics: timing of completion of the road; affordable housing in the area; future road network connections; communication with neighboring residents; and standard PUD language. Because the applicant wishes to discuss the Planning Commission stipulations they have requested that the petition be placed on the regular agenda. Page 3 of 4 Agenda Item No. 12A September 26, 2006 Page 13 of 16 LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the listed criteria in Chapter 10.03.05.H and Chapter 10.02.13 of the LDC. These evaluations are completed as separate documents that were incorporated into the staff report. A summary of the legal considerations and findings recommended by staff are noted below: • The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. • The proposed land uses are compatible with the existing land use pattern. • The proposed change will not create or excessively increase traffic congestion or create types of traff=ic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Transportation Element of the GNP. • The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private, shall be provided. The Planning Commission, with its recommendation of approval, concurred with the above legal considerations and findings. RECOAMENDATION: Staff recommends that the Board of County Commissioners approve PUDZ - 2004 -AR -6932, which would approve the Sandalwood RPUD, noting that, in staffs opinion, the request is consistent with the GNP Future Land Use Element designation. PREPARED BY: Heidi K. Williams, Principal Planner Department of Zoning & Land Development Review Page 4 of 4 t� I I 1 t� I 1 I I I t I I I 1 t I t 1 I I t i I I I I 1 t I I I 11; . El. E, === Ll ___ (W"7, team's __— I I� Ijl l�l I I� lil 11 � I!I � lit I t I!I lil 1 - 1� - - - -- - - - - -� ! - - 4. It - - -lil IM ..... �it it I! t 1 1 I II� �t 11 1 ill 1� . . . . . . . . . . . �I Ir . . . . . . . . . . . . i . — . JI) s aw.■ k X11 r enda Item No. 12A .1 if f d i ell gill s I 9 '14 VIM, lilt it l 6 jQ �f 16 = x 2 v= N o I Clio gals; F 0 LO w � c�a d I -thy r• w �i;Ft � v,1 WL 1 ., d ui 0 CL i� O 'Q 0 i I �' I11 111 it III I) t, I ;I k 1�1 ii 9 IL - - - -� ------- - - - - -� — 1 i-i- �i' 1 1 1 I! I I Cpl; 1, I N\ --------------- /' 11 t I 1, II I r • JOE x�� r Elf - N A ♦ d YY = da Item No g6 =x 2 W � W,�. 2 41 12A 006 f16 SSP -13 --2006 10' 17 • er -�►� �_ • C • � a' tai Dum FLoRiDA WATER MANAGEMENT LlIS"mcr R Cun Chub U4 want Palm BMCir, Florida 3U% - (561) 65& MW - FL WA1514W432 -2D45 - TDD (561) 6472574 9W4 Addne.a: P.O. Boot 246W, Wed Palm Bumdi, FL 38416- 6M - wwwalwmd.Vv 13, 2006 Vk Mc mil8 r2?35 & jLOvemloht M.il Jacqueline W. Hubbard Assistant County Attomey Collier County Attomeys Office 3301 East Tamiami Trail Naples, Florida 34112 -4902 Dear Ms. Hubbard and Mr. Mudd: Vla b oalmlle x1391'77448,c a Dtf6 Qyemicht Usil Jim V. Mudd County Manager Collier County Governmental Center 3301 East Tamiami Trail Naples, Florida 34112 -4902 Subject: Alternative Dates for Joint Board Meaning I am in receipt of Ms. Hubbard's September 6, 2006 letter to me. Pursuant to your request, please be advised that the South Florida Water Management District (hereinafter "Dlstricr) Goveming Board can meet with the Collier County Board of County Commissioners on January 10, 2007. This would be the District's preference as the District's Governing Board is already scheduled to conduct a workshop In Collier County on January 10, 2007. Another alternative date to conduct the Joint meeting of the Boards would be on January 11, 2007. As you know, it is extremely difficult to schedule meetings in the November and December time frames due to the impact of the holidays. However, during the interim prior to any scheduled Joint Board Meeting, DfWct Staff will continue to work diligently with Collier County Staff towards an amicable resolution. In accordance with your September 6, 2006 letter, this is to confirm that the Joint Meeting scheduled for September 19, 2006 is postponed and the ° altemative dates will be presented to the County Commissioner's for acceptance of one of them for the Joint Meeting.' In the meantime, District staff will continue to work with Collier County staff to amicably resolve the matter. Thank y9ji for your attention and cooperation. Office of Policy and Legislation c: Kevin McCarty — Chair, Governing Board Member Harold G. Vielhouer — Deputy General Counsel -- D.E.P. Carol Wehle GOIBRMNG BOAItA EXICU7M OFFICE' 00n W*Carty, as Ahm 1. GrIwe [A=Wt 8 Lt►XWd, A8. coca Ann Wohle, Emwim Mooftr lsela M Bmw, vk#4h.ir Mirk -d saline TOTAL P.02 Agenda Item No. 128 September 26, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 12B Item Summary: Discussion concerning most recent correspondence received from South Florida Water Management District in regard to joint meeting with the Board of County Commissioners. Meeting Date: 9126!2006 9:00:00 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 912012006 1:20 PM Agenda Item No. 14A September 26, 2006 Page 1 of 22 EXECUTIVE SUMMARY (To be heard before Item 10D) Recommendation for the Community Redevelopment Agency to approve a CRA Resolution to support the Collier County purchase of the Forsyth homestead and six rental units to provide for a Stormwater Management Pond in the Gateway Triangle Area (Gateway Triangle Stormwater Improvement Project, Project No. 518031); to approve a monetary contribution from the Bayshore Gateway Triangle CRA Fund 187 to Stormwater Fund 325 in the amount not to exceed $529,000 to complete the sale of subject property; and approve all necessary budget amendments. (Companion to Item IOD) OBJECTIVE: To approve a CRA Resolution to support the Collier County purchase of the Forsyth homestead and six rental units to provide for a Stormwater Management Pond in the Gateway Triangle Area (Gateway Triangle Stormwater Improvement Project, Project No. 518031); to approve a monetary contribution from the Bayshore Gateway Triangle CRA Fund 187 to Stormwater Fund 325 in the amount of not to exceed $529,000.00 to complete the sale of subject property; and approve all necessary budget amendments. BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community redevelopment and related activities" - gives the CRA power to acquire property. Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" - delineates other powers necessary to carry out the purchase of property. Florida Statute 163.400(1)(d) — "Cooperation by public bodies" — states `For the purpose of aiding in the planning, undertaking, or carrying out of community redevelopment and related activities authorized by this part, any public body may, upon such terms, with or without consideration, as it may determine: Lend, grant, or contribute funds to a county or municipality; and apply for and accept advances, loans, grants, contributions, or any other form of financial assistance from the Federal Government, the state, the county, or another public body...' BCC RESOLUTION No. 2000 -83 established the CRA Board as `a legal entity, separate, distinct, and independent from the BCC.' Thus the CRA may "grant or contribute" financial assistance to Collier County. BCC RESOLUTION No. 2000 -82 (Exhibit "A ") made a `finding that a blighted area exists' in the Bayshore Gateway Triangle area and that `conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or arrest the growth within the Area, and present conditions and uses in the Area are detrimental to the public health, safety, morals and public welfare....' BCC RESOLUTION No. 2000 -181 adopted a community redevelopment plan to correct deficiencies. The applicable Redevelopment Plan stormwater sections (Exhibit "B ") cites: • Storm drainage collection and retention. (page IV -20) • Improving water management in the Triangle. (page IX -16) Agenda Item No. 14A September 26, 2006 Page 2 of 22 • County stormwater management plan for the Triangle area. (page IX -25) CONSIDERATIONS: The Collier County Stormwater Management Department has purchased 4.71 acres of land to site the Gateway Triangle stormwater detention pond as part of the proposed Gateway Triangle Stormwater Management System. The design of this 3.63 acre pond system is currently nearing completion. An expanded pond design is now being considered. This design entails the acquisition of an additional 1.58 acres (the Forsyth property) that are to be incorporated as an expansion of the pond, increasing the total land area to 6.29 acres and the total pond area to 5.44 acres. The relationship of the subject property to the existing pond design is shown in Exhibit "C ". This property adjoins the property already purchased. The increased size of the pond will create a much more effective stormwater management system for the Gateway Triangle Area. On January 18, 2006 an independent appraiser valued the subject property at $723,500.00 and on February 24, 2006 Collier County offered the Forsyths $723,500.00 for their homestead and six rental units. This offer was rejected. The Forsyths have established a selling price of $1,252,500.00 for the property. Mr. and Mrs. Forsyth stated they are ready to list this property with a realtor. Such a sale would likely result in development of the RMF -6 property with 9 residential units. They have agreed to consider Collier County's purchase agreement first, but if the County purchase negotiations are not successful, the property will be listed for sale. The Bayshore Gateway Triangle Local Advisory Board is concerned about the impact of increased residential density over what exists there now. As shown in Exhibit "D ", this land is the lowest elevation of the entire Gateway Triangle area and the natural sheet flow of water is to this location, thus the logical location of the detention pond in this area. Further development would not only limit the pond size to its current configuration, but would create additional impervious surface, causing more runoff that contributes to flooding. At the Bayshore Gateway Triangle CRA Local Advisory Board meeting on August 1, 2006 (Exhibit "E "), the Board cited Florida Statute 163.400(1)(d) — known as "Cooperation by public bodies" (see background information above) and recommended the CRA share the purchase cost with Collier County. Collier County would pay the appraised value of $723,500.00 and associated closing costs, and the CRA would pay the $529,000.00 difference between the appraised value of $723,500 and the negotiated purchase price of $1,252,500. It is in the best interest of Collier County and in particular of the residents of the Gateway Triangle Area for the BCC to acquire this property, and expansion of the existing county land for a stormwater pond assists in the implementation of the Bayshore Gateway Triangle CRA Master Plan. Therefore, the CRA Local Advisory Board recommends the CRA Board approve a not to exceed $529,000 CRA Tax Incremental Finance (TIF) contribution to Fund 325 and that the BCC accepts and executes the Joint Purchase Agreement in the amount of $1,252,500.00. FISCAL IMPACT: The proposed FY 2006 — 2007 Bayshore Gateway Triangle CRA Trust Fund budget has adequate reserves to support a budget amendment transferring $529,000 to Stormwater Fund (325). 2 Agenda Item No. 14A September 26, 2006 Page 3 of 22 GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA. This property is a part of the Gateway Triangle Stormwater Improvement Project and this purchase is consistent with the Bayshore Gateway Triangle Redevelopment Plan as documented in Exhibit `B ". RECOMMENDATION: Recommendation for the Community Redevelopment Agency to approve a CRA Resolution to support the Collier County purchase of the Forsyth homestead and six rental units to provide for a Stormwater Management Pond in the Gateway Triangle Area (Gateway Triangle Stormwater Improvement Project, Project No. 518031); to approve a monetary contribution from the Bayshore Gateway Triangle CRA Fund 187 to Stormwater Fund 325 in the amount of not to exceed $529,000.00 to complete the sale of subject property; and approve all necessary budget amendments. Prepared by: David L. Jackson on September 7, 2006 Executive Director Bayshore /Gateway Triangle Community Redevelopment Agency 3 Agenda Item No. 14A September 26: 2006 Page 4 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS .--- - Item Number: 14A Item Summary: (To be heard before Item 10D) Recommendation for the Community Redevelopment Agency to approve a CRA Resolution to support the Collier County purchase of the Forsyth homestead and six rental units to provide for a Stormwater Management Pond in the Gateway Triangle Area (Gateway Triangle Stormwater Improvement Project, Project No. 518031); to approve a monetary contribution from the Bayshore Gateway Triangle CRA Fund 187 to Stormwater Fund 325 In the amount not to exceed $529,000 to complete the sale of subject property; and approve all necessary budget amendments. (Companion to Item 10D) (David Jackson, Executive Director, Bayshore /Gateway CRA) Meeting Date: 9126!2006 9:00:00 AM Prepared By David Jackson Executive Director Date Community Redevelopment Agency Bayshore - Gateway Redevelopment 91712006 2:07:40 PM Approved By David Jackson Executive Director Date Community Redevelopment Bayshore- Gateway Redevelopment 112:06 PM Agency Approved By Gerald Kurtz Senior Engineer Date Transportation Services Stormwater Management 9!1112006 11:17 AM Approved By Eugene Calvert Principal Project Manager Date Transportation Engineering and Transportations Services Construction Management 9/11/2006 11:52 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9112/2006 8:43 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 911212006 1:49 PM Approved By Marjorie M. Student- Stirling Assistant County Attorney Date t County Attorney County Attorney Office 9/1312006 4:10 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9115/2006 6:03 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9!1512006 7:09 PM CRA RESOLUTION NO. 06- A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, COLLIER COUNTY, FLORIDA; AUTHORIZING THE CONTRUBUTION OF FUNDS TO THE BOARD OF COUNTY COMMISSIONERS FOR THE PURCHASE OF THE PROPERTY IN THE GATEWAY TRIANGLE REDEVELOPMENT AREA TO PROVIDE FOR A STORMWATER MANAGMENT AREA (GATEWAY TRIANGLE STORMWATER IMPROVEMENT PROJECT (PROJECT NO. 518031)); AND PROVIDING FOR AN EFFECTIVE DATE. Agenda Item No. 14A September 26, 2006 Page 5 of 22 WHEREAS, the Board of County Commissioners (Board) adopted Ordinance Number 00 -42, establishing the Redevelopment Trust Fund and appointing the Board as the governing body of the Community Redevelopment Agency (CRA) and the trustee of the Redevelopment Trust Fund. WHEREAS, this Resolution is adopted pursuant to the provisions of the Florida Constitution, Chapter 163, Part III, Florida Statutes, and other applicable provisions of law; and WHEREAS, the CRA is authorized to contribute funds to another government, Section 163.400 (1)(d), Florida Statutes; and WHEREAS, Collier County is desirous of purchasing certain property as described in Exhibit A attached hereto, within the Bayshore /Gateway Triangle Redevelopment Area for the purpose of providing water management facilities; and WHEREAS, these facilities will greatly benefit the Bayshore Gateway Triangle Redevelopment Area; and WHEREAS, the proposed water management facilities are consistent with the Gateway Triangle Redevelopment Plan for the Area. NOW THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA, that: SECTION 1. The CRA hereby authorizes the contribution to the Board of County Commissioners of Collier County, Florida the sum of Five Hundred Twenty -Nine Thousand and 00/100 Dollars ($529,000.00) for the purpose of purchasing the property described in Exhibit A, attached hereto for water management purposes. This Resolution adopted after motion, second and majority vote on this day of 2006. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: M rj. M. Student- Stirling Assistant County Attorney COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: Page 1 of 1 DONNA FIALA, CHAIRMAN EXHIBIT A LEGAL DESCRIPTION: Agenda Item No. 14A September 26, 2006 Page 6 of 22 ALL THAT TRACT OF LAND SITUATE IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA, BEING A PORTION OF LOT 32 OF THE NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No. 2 AS SHOWN ON THE PLAT THEREOF AND RECORDED IN PLAT BOOK l AT PAGE 27A OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENICING AT THE NORTHWEST CORNER OF SAID LOT 32 THENCE ALONG THE NORTH LINE OF SAID LOT 32 N. 89044'16" E. A DISTANCE OF 537.65' TO A POINT, THENCE S. 00 °02'36" E. 30.00' TO THE POINT OF BEGINNING. THENCE S 00 002'36" E. A DISTANCE OF 300.24' TO THE SOUTH LINE OF SAID LOT 32; THENCE ALONG THE 00 002'53" E. A DISTANCE OF 152.78'; THENCE N 89144'16" E. A DISTANCE OF 191.41'; THENCE N 00 °02'53" E. A DISTANCE OF 148.00'; THENCE N. 89044'16" E. A DISTANCE OF 131.84'; TO THE POINT OF BEGINNING. CONTAINING 68881.3 SQUARE FEET, 1.58 ACRES MORE OR LESS SUBJECT TO ANY EASEMENTS, RESERVATION, OR RESTRICTIONS OF RECORD. Agenda Item No. 14A September 26, 2006 Page 7 of 22 12 C 1 RESOLUTION NO. 2000- 82 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO COMMUNITY REDEVELOPMENT; MAKING FINDINGS; FINDING BLIGHTED AREAS EXIST IN THE COUNTY; FINDING THE REHABILITATION, CONSERVATION OR REDEVELOPMENT OF SUCH AREAS IS NECESSARY IN THE PUBLIC INTEREST; FINDING A SPECIFIED AREA TO BE A BLIGHTED AREA AND A COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR CONFLICT WITH OTHER RESOLUTIONS AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has received and considered a report and presentation by County staff and consultant which identified conditions within the boundaries of Collier County in the areas identified, described and depicted on Exhibit "A" attached hereto and made a part of this resolution (the "Area "); and WHEREAS, after having considered the determinations and the facts and evidence of conditions in the Area and has received and considered such other evidence of the conditions in the Area as have been presented to it, the Board of County Commissioners desires to proceed in accordance with the authorization and powers granted by Part III, Chapter 163, Florida Statutes, to establish the necessary means by which redevelopment can be accomplished in the Area and that certain actions are appropriate and necessary and should be taken to address the conditions now present and expected to be present in the Area; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS FOLLOWS: Section 1. Findinas. The Board of County Commissioners does hereby find: (a) Based upon the facts and evidence presented to and considered by the Board of County Commissioners, the following conditions exist in the Area: 1. Conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or arrest the growth within the Agenda Item No. 14A September 26, 2006 12 C l Page 8 of 22 Area, and present conditions and uses in the Area are detrimental to the public health, safety, morals and public welfare; and 2. There is a predominance of inadequate or defective street layout; and 3. There is faulty and inadequate lot layout in relation to size, adequacy, accessibility, or usefulness; and 4. There are unsanitary conditions as such relates to the conditions of the sanitary system and there are unpaved and deteriorating roadways resulting in unsafe public conditions; and 5. There has been a deterioration of site and other improvements; and 6. There is a diversity of ownership or defective or unusual conditions of title, which prevent the free alienability of land. (b) The notices required by Section 163.346, Florida Statutes (1999), have been timely published or mailed in accordance with said statute. (c) Action must be taken immediately to prevent further blight and deterioration and to protect and enhance public expenditures previously made in the Area. Section 2. Finding of Necessity. The Board of County Commissioners, based upon evidence presented to it and in the public record, does hereby find that one or more "blighted areas" (as defined in Section 163.340(8), Florida Statutes), exist within Collier County, Florida, and, further finds that the rehabilitation, conservation or redevelopment, or a combination thereof, of such area or areas described is necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County, Florida. Section 3. Community Redevelopment Area. Based upon the facts presented to it and contained in the public record, the Board of County Commissioners does hereby find the Area (as hereinbefore defined) is a "blighted area" (as that term is defined in Section 163.340(6), Florida Statutes (1999), and that such area constitutes a 12 C "community redevelopment area" as defined in Section 163.340(10), Florida Statutes (1999). Section 4. Conflicts. All resolutions and parts of resolutions in conflict with any of the provisions of this resolution are hereby repealed, provided, however, nothing herein is intended nor should be applied to affect, repeal, alter, amend or supersede any previous resolutions adopted by the Board of County Commissioners finding any other area or areas within Collier County to be a "blighted area" for purposes of the Community Redevelopment Act. Section 5. Severability. If any section or portion of a section of this resolution, including any part of the exhibit, proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this resolution. Should either area constituting part of the Area or part thereof shall be severed from the Area and the remainder shall constitute the Area for purposes of this resolultion. Section 6. Effective Date, This resolution shall become effective immediately upon its passage and adoption. Section 7. This Resolution adopted after motion, second and majority vote this 14 day of , 2000. ATTEST: DWIGHT S. BROCK. CLERK Attest' a3 to Cf:s - mman's BOARD OF COUNTY COMMISSIONERS COLLIER 134, 91ORIDA BY: TIMOT CONSTA E, ckokiRAW APPROVED AS TO FORM AND LEGAL SUFFICIENCY David C. Weigel County Attorney Agenda Item No. 14A September 26, 2006 Page 9 of 22 Agenda Item No. 14A September 26, 2006 Page 10 of 22 12 C 1 EXHIBIT A BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA DESCRIPTION BEG SW CNR SECT 2, TWP 50, RNG 25, N 630', E 662', S 427', E 200', N 270', E TO THE E R/W LINE OF BROOKSIDE DRIVE, S TO THE SW CNR OF LOT 10, SUNSET SUB, E TO THE SE CNR OF LOT 6, SUNSET SUB, S 92', E TO THE NW CRN OF LOT 55, BLK A, ROCK CREEK PARK, N TO THE NW CNR OF LOT 10, BLK B, ROCK CREEK PARK, E TO THE E SECT LINE SECT 2, TWP 50, RNG 25, S TO THE NW CNR OF SECT 12, TWP 50, RNG 25, E 670', S 773', W 200', S 735', W 200', S 990', E 460', S 330', E 972', S 1174', SWLY 481', NWLY 523', W 95', SWLY 730' TO THE NELY R/W LINE U.S. 41, CONT SWLY TO THE SWLY R/W LINE U.S. 41, NWLY ALG THE SWLY R/W LINE OF U.S. 41 TO ITS INTERSECT WITH THE W R/W LINE OF BAYSHORE DRIVE, S TO THE N R/W LINE OF WEEKS AVE, W 761', N 1355', W TO THE W R/W LINE OF PINE STREET, N TO THE SE CNR OF LOT 2, BLK K, INOMAH SUB, W 100', N TO THE N R/W OF WASHINGTON AVE, CONT NWLY AND WILY ALG NLY R/W LINE WASHINGTON AVE TO THE SW CNR OF LOT 2, BILK C, INOMAH SUB, W TO THE W RAN LINE OF FREDRICK ST, N TO NE CNR LOT 9, COC -LEE- TERRACE SUB, W TO THE W SECT LINE OF SECT 11, TWP 50, RNG 25, N TO THE SW SECT CNR OF SECT 2, TWP 50, RNG 25 AND THE POB. AND BEG SE CNR SECT 23, TWP 50, RNG 25, N ALG THE E SECT LINES OF SECT 23 AND 14, TWP 50, RNG 25, TO E % CNR SECT14, TWP 50, RNG 25, E TO THE SE CNR LOT 6, CREWS SUB, N TO THE S LINE OF HALDEMAN CREEK, E TO THE SWLY R/W LINE OF U.S. 41, NWLY ALG THE SWLY R/W LINE OF U.S. 41 TO ITS INTSECT WITH THE W R/W LINE OF BAYSHORE DRIVE, S TO THE N R/W LINE OF WEEKS AVE, W 761', N 1355', W TO THE W R/W LINE OF PINE STREET, S TO THE S R/W LINE OF MANGROVE STREET, W TO THE NW CNR LOT 14, BLK F, HALDEMAN RIVER SUB, S TO THE N LINE OF HALDEMAN CREEK, SWLY ALG THE N LINE OF HALDEMAN CREEK TO ITS INTSECT WITH THE W SECT LINE OF SECT 14, TWP 50, RNG 25, S ALG THE W SECT LINE OF SECT 14 AND 23, TWP 50, RNG 25, TO THE SW CNR OF SECT 23, TWP 50, RNG 25, E TO THE SE CNR OF SECT 23, TWP 50, RNG 25 AND THE POB. Agenda Item No. 14A September 26; 2006 Page 12 of 22 12 C I BEG AT THE NW CNR SEC 25, TWP 46, RNG 28, THENCE E ALG N LINE SEC 25 TO NE CRN OF SEC 25 AND THE NW CNR OF SEC 30, TWP 46 RNG 29, THENCE E ALG THE N LINES OF SECTONS 30, 29, 28, 27, AND 26 TO THE NW CNR OF SEC 25, TWP 46, RNG 29, THENCE S ALG THE W LINE SEC 25 TO THE NW CNR OF THE SW'/, OF SW'/. SEC 25, THENCE E TO THE NE CNR OF THE SW' /. OF SW' /. SEC 25, THENCE S TO THE S SEC LINE OF SEC 25 AND THE NE CNR OF THE W' /2 OF NW 1/40F SEC 36, TWP 46, RNG 29, THENCE S TO THE SE CNR OF THE W' /2 OF NW' /. SEC 36, THENCE W TO THE W' /. CRN SECTON 36, THENCE S TO THE SW CNR SEC 36 AND THE NW CNR OF SEC 1, TWP 47, RNG 29, THENCE E TO THE NE CNR OF SEC 1 AND THE NW CNR OF SEC 6, TWP 47, RNG 30, THENCE E TO THE NE CNR OF SEC 6, THENCE S TO THE SE CNR OF SEC 6, THENCE W TO THE SW CNR OF SEC 6 AND THE SE CNR OF SEC 1, TWP 47, RNG 29, THENCE W TO THE S' /. CNR SEC 1 AND THE N' /4 CNR OF SEC 12, TWP 47, RNG 29, THENCE S TO THE S' /. CNR SEC 12 AND THE N' /4 CNR OF SEC 13, TWP 47, RNG 29, THENCE S TO THE CENTER OF SEC 13, THENCE W TO THE W' /4 CNR SEC 13 AND THE E' /4 CNR OF SEC 14, 7WP 47, RNG 29, CONT W TO THE W' /4 CNR OF SEC 14 AND THE E' /4 CNR OF SEC 15, TWP 47, RNG 29, THENCE S TO SE CNR OF SEC 15, THENCE W ALG THE S LINE OF SEC 15 AND 16 TO THE SW CNR OF SEC 16, TWP 47, RNG 29, THENCE N ALG THE W LINE OF SEC 16 AND 9 TO THE NW CNR OF SEC 9, TWP 47, RNG 29 AND THE SE CNR OF SEC 5, TWP 47, RNG 29, THENCE W ALG THE S LINE OF SEC 5 AND 6 TO THE SW CNR OF SEC 6, TWP 47, RNG 29, AND THE SE CNR OF SEC 1, TWP 47, RNG 28, THENCE N TO THE E' /. CNR OF SEC 1, THENCE W TO THE SHORELINE OF LAKE TRAFFORD, THENCE ALG THE SHORELINE OF LAKE TRAFFORD NELY, NLY, NWLY, WLY, SWLY TO THE INTERSECTON OF THE LAKE TRAFFORD SHORELINE AND THE W SEC LINE OF SEC 35, TWP 46, RNG 28, THENCE N TO THE NW CNR OF SEC 35, THENCE E TO THE NE CNR OF SEC 35 AND THE SW CNR OF SEC 25, TWP 46, RNG 28, THENCE N TO THE NW CNR OF SEC 25 AND THE P.O.B. Agenda Item No. 14A 26, 2006 2 of 2c O r M M M M v M M r O -v M z n X M a Agenda Item No. 14A September 26, 2006 Page 14 of 22 BAYSHORE AND GATEWAY TRIANGLE REDEVELOPMENT PLAN COLLIER COUNTY SECTION IV MARKET ANALYSIS G LAND VALUE ANALYSIS This land value analysis provides a picture of the likely costs and potential revenues associated with a public agency acquiring the catalyst project sites, improving them and selling them to real estate developers. This type of analysis provides an initial look at the financial implications of the program as a point of departure for discussions among representatives of private developers, financial institutions, and government agencies regarding their financial and programmatic roles. Section IX of the Redevelopment Plan recommends creation and funding of redevelopment organizations, provided for the Florida statutes, to carry-out project implementation, in cooperation with Collier County. As these discussions proceed, more detailed assumptions will become available as inputs to a dynamic cash flow analysis. Such a 10 -year annualized model will include the County's commitments to predevelopment initiatives discussed in Section I and to strategies identified in Section VI. Dynamic cash flow analyses are typically revised many times for each proposed real estate project when assumptions are altered as negotiations continue to the point of preparing project construction bidding documents. Predevelopment Initiatives According to Landers - Atkins Planners, the hard costs of site acquisition, building demolition and disposal, site improvements, and building construction of recommended catalyst projects will include such predevelopment initiatives as the following: Amend Comprehensive Plan and Zoning as discussed in Section IX. Demolish dilapidated and unsound buildings. Improve storm drainage collection and retention. Increase street capacity and accessibility. Increase the supply of parking convenient to businesses. Increase landscaping to improve neighborhood appearance. Assemble developable sites. Underground wiring to improve neighborhood appearance and vehicular and pedestrian safety. Increase permitted building densities to support fair market values. Implementing these initiatives will require both on- and off -site improvements by real estate developers and the County. Catalyst Projects Real estate projects are interdependent reflections of economic behavior. Some of them generate demand for others or are "signature" projects which make a statement as to the economic resurgence or growth of an area. Among the market forecasts summarized in Table 17, there are four catalyst projects which will achieve the objectives of improving the appearance of the Bayshore /Gateway Neighborhoods, increasing job opportunities, and increasing the tax base. The recommended catalyst projects are: Motel and two adjacent restaurants. Office /showroom along Commercial Drive. Town Center (the reconfigured Gulfgate Plaza). Entertainment Center along Bayshore Drive north of Haldeman Creek. They are further defined by the size and location of the best sites, the street and water accessibility of these sites, and the prevailing building densities. The recommended sizes and uses of the catalyst projects are shown in Table 18. They are listed in prionty for construction between 2001 and 2008, consistent with the development program phasing recommendations found on the preceding page. IV -20 LASSOSS/REPORT rV Landers- Atkins Planners, Inc. Agenda Item No. 14A September 26, 2006 Page 15 of 22 BAYSHORE AND GATEWAY TRIANGLE REDEVELOPMENT PLAN COLLIER COUNTY SECTION IX IMPLEMENTATION aerial view also illustrates the architectural character of the Center as well as the streetscape and bridge design improvements of the Bayshore Drive Landscape Alternatives study. Neighborhood Focus Program: As recommended above, a "Neighborhood Focus Program" should be created to coordinate the intensive application of a variety of services toward the improvement of the Shadowlawn Neighborhood and the existing older residential areas in the Bayshore area. Shadowlawn: Illustration IX -12, Shadowlawn Neighborhood Focus Initiative, provides a set of improvement recommended physical actions that will support the overall services actions under the NFI. These include: Connecting local streets to improve internal circulation; Severing Linwood Avenue and installing a cul -de -sac on a line defined by the projected alignment of Pine Street to eliminate commercial traffic from the neighborhood; Stimulating development of additional housing on vacant land adjacent to an existing multi - family area in the northwest corner of the neighborhood; Improving stormwater management as a part of the broader stormwater program in the Triangle; Installing neighborhood gateways at the primary entrances to the neighborhood - both ends of Shadowlawn Drive, east end of Linwood Avenue, south end of Pelton Avenue -to provide further identity for the area (see Illustration IX -1 3, Proposed Gateway for Shadowlawn Neighborhood). • Bayshore Drive: Bayshore Drive consists of several residential streets and loops extending from both sides of Bayshore Drive. As a neighborhood it is defined by and will take its character from the improvements planned for Bayshore Drive. The potential catalytic effect of the Bayshore Drive Landscape program should be supplemented by NFI activities as presented on Illustration IX -14, Bayshore Neighborhood Focus Initiative. Infrastructural Improvement Efforts Streetscape Improvement Program: Enhancement of the streetscape of the major roadways in the community will provide an immediate statement of the County's improvement objectives and serve as further catalysts to development. Ongoing projects as well as this redevelopment study are already contributing to this process. These efforts and additional recommended actions are recommended here: Bayshore Drive: The Board of the Municipal Services Taxing Unit (MSTU) that was created by the County for right -of -way improvements in the Bayshore area has commenced detailed design of streetscape improvements from Tamiami Trail to Thomasson Drive. The design process was commenced through this redevelopment planning study through the preparation of four options for the configuration of travel lanes, parking lanes, medians and sidewalks. Planting patterns and accent features accompanied each of these options (see Illustrations IX -15, Bayshore Design Option A, IX16, Bayshore Design Option B, IX -17, Bayshore Design Option C, and IX -18, Bayshore Design Option D). The Community Workshop focused on Option A as the preferred alternative and Botner Land Design, design consultant to the MSTU Board has prepared detailed design of the streetscape. The project includes gateway features at the Tamiami Trail intersection, enhancements to the Haldeman Creek bridge, sidewalk patterns, street and sidewalk lighting, and edge and median plantings. Tamiami Trail: FDOT is nearing completion of a major rebuilding and widening of Tamiami Trail through the redevelopment area. This project will provide a six -lane facility with median, sidewalks and turning lanes. The streetlight that is being used was selected through consultation with the County and represents a quality fixture that is recommended for use on the other major streets in the project area — Bayshore, Davis and Airport Pulling. The conceptual landscape plans for the median of Tamiami Trail have been reviewed and the median landscaping appears to be consistent with the objectives of this study. It is recommended that the County design and install gateway signage as suggested in Illustration IX -19, Entry Concept: Gateway Triangle. This signage would be installed in the Median just west of Airport Pulling and in the apex of the western end of the Triangle. Since the FDOT project extends the outer edge of the sidewalk to the right -of -way, the edge landscaping is . minimal. Additional planting should be provided on private property bordering the right -of -way. This IX -1 6 LA98096 /REPORT IX Landers - Atkins Planners, Inc. Agenda Item No. 14A September 26, 2006 Page 16 of 22 BAYSHORE AND GATEWAY TRIANGLE REDEVELOPMENT PLAN COLLIER COUNTY SECTION IX IMPLEMENTATION can be accomplished through two means: 1. Requiring that all redeveloped properties install consistent landscaping along their edge abutting the road; 2. Obtaining easements over the abutting ten feet of properties that are not undergoing redevelopment wherein the County can install consistent landscaping. Illustration IX -20, Landscaping for Existing Development, provides a conceptual statement of the use of the recommended landscape easement. The County should prepare designs for these edges as an early design guide for future development activity and for installation in the easement areas. Davis Boulevard: Davis has been widened recently with the edge of the sidewalk extended to the right -of -way line. The median has been landscaped and contains standard FDOT roadway lighting. It is recommended that the edges of Davis be landscaped through the same procedures as proposed for Tamiami Trail above. As shown in Illustration IX -20, the landscape treatment should include provision of the specialty light fixture that FDOT is installing on Tamiami. The Bayshore /Gateway Gateway Signage (Illustration IX -19) would be installed in the median just west of Airport Pulling. The Gateway Signage recommended for the apex at the west end of the Triangle would serve the Davis corridor as well as the Tamiami corridor. • Airport Pulling Road: Airport Pulling has similarly been widened so that the edge of the sidewalk is contiguous with the right -of -way line. The same edge treatment as proposed for Davis is recommended here. In addition, the median of Airport Pulling should be landscaped to be consistent with the other major streets. The Bayshore /Gateway Gateway Signage (Illustration IX -19) would be installed in the median just south of Davis and just north of Tamiami Trail. Stormwater Management Program: It is understood that FDOT's Tamiami Trail improvement project has provided stormwater improvements for the roadway and over -sized outfall pipes that will help serve the abutting areas. The County has also prepared a stormwater management plan for the Triangle area. The County is also preparing a County -wide stormwater improvement and funding strategy. It is recommended that this program be utilized to implement the Triangle stormwater plan as soon as possible. This action will support the proposed redevelopment activities as well as encourage further development and redevelopment in the project area. Haldeman Creek and Canal Dredging Program: The County has undertaken a study supporting the dredging of Haldeman Creek and associated canals. The use of a Municipal Services Benefit Unit has been discussed as a means of financing the program. It is recommended that the County proceed with this program as a supportive action for the Haldeman Creek Entertainment Center and for general improvement actions by landowners abutting the system. Funding Sources General County Revenues: The general revenues of the County are a basic source of funding that can be utilized for the redevelopment program. The Neighborhood Focus Initiative, as a program that will primarily coordinate ongoing County programs, will rely heavily primarily on general revenues. Throughout the redevelopment process, every effort should be made to coordinate normal County service and maintenance programs with the special programs of the redevelopment effort. Finally, general County revenue could be utilized as "seed money" to support establishment and initiation of the Community Redevelopment Program until the Tax Increment Fund is established. Community Development Block Grant Program (CDBG): CDBG could be an excellent source of funding for infrastructure and housing related improvements in the focus neighborhoods. The County is presently utilizing the "Small Cities" CDBG program. Until the County closes out the current grant, it cannot apply for another grant. Upon close -out, the supporting data for the Shadowlawn and Bayshore neighborhoods should be analyzed to see if the County can qualify those areas. IX -25 LA98096 /REPORT iX Landers - Atkins Planners, Inc. co C'i CD C\1 z O)U) ce. .11HE 0: Ul IL Lu con Iz 0 Z u La C 1 1 - I.. y LL rn M LU40 P LL = LU I ui 4, IL LU - z U. co 0 0 w C4 U) -Fj 71 Ar Z ui U) IOA is a w E I M r 3 Q LU 0 z 0 IL -Fj 71 Ar Z ui -7 �7- z 0 cd m ao z Z, Z 'o O, w� u cd W u 0 � a Z z cj C3 R 2 ;l I ;k z uj a Lu 2 < � �2 Ln m wo a� z I " I 0 LD u Om 'T u -0 t N 1, ----------- IOA J 114 < Ln Aga/ L m 'o AD iR fi/ cN S, L ZU WI ca, - SgaDVLTO NVV-1'H.111(J-6N1iS1 3Az -7 �7- z 0 cd m ao z Z, Z 'o O, w� u cd W u 0 � a Z z cj C3 R 2 ;l I ;k z uj a Lu 2 < � �2 Ln m wo a� z I " I 0 LD u Om 'T u -0 t N 1, ----------- J -7 �7- z 0 cd m ao z Z, Z 'o O, w� u cd W u 0 � a Z z cj C3 R 2 ;l I ;k z uj a Lu 2 < � �2 Ln m wo a� z I " I 0 LD u Om 'T u -0 t N 1, ----------- � CN 0 co -60 NMVIMOCIVHS ECL c CL N a) —10r:S� 3Nid C1711M 0, UJ , A LL CL 1 x tti r r) Agenda Item No. 14A September 26, 2006 THE BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT ARIPagel9of22 COMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643.1115 FAx 239.775.4456 BAYSHORE /GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD MINUTES OF THE AUGUST 1, 2006 MEETING The meeting of the Bayshore /Gateway Triangle Community Redevelopment Advisory Board was called to order at 6:00 p.m. at the Collier County Commission Chambers, 3301 Tamiami Trail East. 1. Roll Call- Present: Advisory Board Members: Bill Neal, Steve Main, Chuck Gunther, Ron Fowle, Lindsey Thomas, Karen Beatty and Rochelle Doepke. Excused Absence: Bill Mears, Rod Garner. CRA Staff Present: David Jackson, Executive Director County Staff Present: Marjorie Student - Stirling, Assistant County Attorney 2. Adoption of Agenda: Mr. Neal asked to add item 6.f Fire Station Caution Lights that are on Bayshore Drive. Motion to approve agenda with change: Mr. Gunther. Second: Mr. Main. Approved 7 -0. 3. Adoption of Minutes: Motion to approve July 11, Minutes: Mr. Main. Second: Mr. Thomas. Approved 7 -0. 4. Executive Director's Report: Presentations: i. Mini - Triangle Catalyst Project — Mr. Jackson advised that the presenter, Mr. Corradi, was not in attendance. He gave a summary of what the presentation would have contained, specifically that Mr. Corradi has assembled 6+ acres in the mini - triangle and was interested in pursuing a public - private partnership with the CRA and /or County to energize a catalyst redevelopment project. Mr. Jackson suggested that one member of the CRA -AB be selected to meet with Mr. Corradi and the Executive Director to discuss potential endeavors that may lead to redevelopment of that area. Mr. Thomas stated that he would volunteer to be the point of contact since he was the Davis Blvd CRA -AB representative. By consensus the CRA -AB approved Mr. Thomas to meet with Mr. Corradi and the Executive Director and return with information. ii. Gateway Stormwater Project — Mr. Jackson gave a thumbnail sketch of the most recent activity concerning the County's Gateway Triangle stormwater study. He reminded the CRA AB that at the CRA Board and CRA -AB joint workshop in May 2006, the CRA Chairman Ms Fiala had the County Stormwater Department attend and give an update on the project. Mr. Jackson introduced Mr. Calvert, Stormwater Department Head, and Mr. Kurtz, Stormwater Project Manager to give the CRA -AB an update and present a property acquisition opportunity to expand the approved stormwater pond. • Mr. Kurtz presented new information to the CRA -AB that the South Florida Water Management District ( SFWMD) had issued the permit to construct the pond and stormwater system. The system will consist of pipes and pumps to move water. He described where the stormwater pipes would go and that Linwood Avenue, Kirkwood Avenue and Commercial Drive would be affected. SFWMD is contributing funds via two grants to assist the development of the pond: $45K now and $45K later to `design' the pond system and as much as $BOOK towards the funds for 'construction' costs. The County's contractor would complete the design and later this fall hopefully the project would be advertised for bids. Mr. Gunter asked about the pond's depth and will it be able to accept water from the min - triangle? Mr. Kurtz stated that the depth would be 3 -5 Agenda Item No. 14A September 26, 2006 page 20 of 22 feet and that it might be able to accept water if a pumping station was installed. Mr. Fowle asked what is the County going to do with the dirt that was excavated? Mr. Kurtz stated that with the high cost of fill, the County will surely use it on some County project. • Mr. Kurtz updated the CRA -AB on the opportunity for the County to acquire additional land adjacent to the existing pond site to expand the ponds capacity. The 1.58 acre site is owned by Mr. Forsyth, who earlier sold land to the County for the pond. Acquisition of this acreage will be a significant plus -up to the benefit of the pond and system. For instance it will provide for a better pond design, less contours, increase water capacity from a 5 -year storm event to service a 10 -year storm event, and could provide increased capacity /volume to maybe accept some mini - triangle water. The Forsyth land appraisal was $723,500 and a purchase offer for that amount was countered with $1,250,000. Mr. Kurtz added that for the County to purchase land above the appraised value there would have to be good justification for doing so. He asked for Mr. Jackson to advise the CRA -AB of his view on a way to acquire this land which is valuable to the entire Gateway Triangle Stormwater Project. • Mr. Jackson stated that the benefits outweigh the additional cost of acquisition of this 1.58 acre parcel. Even though above appraised value, this acreage could be a significant part of a mini - triangle redevelopment project and if the County did not acquire the land, it could be purchased and redeveloped with 10 single - family homes or townhouses just like three other home sites were recently built to the south of the existing pond site. Home sites on the edge of the pond could become a public relations issue with the future residents. He felt that an increase in acreage was key in providing the best stormwater service to the triangle neighborhood and would have indirect secondary benefits of increasing redevelopment opportunities. Loss of this land to future residential development would block all options to expand the pond for future needs. He recommended that the CRA -AB make a strong recommendation to the CRA Board to support the purchase of the parcel. • Mr. Jackson reminded the CRA -AB that there is $2AM remaining in the CRA's line of credit for land acquisition and construction. The CRA's purpose is to eliminate slum and blight and correct any deficiencies identified in the CRA's Finding Of Necessity, and that the stormwater or localized flooding is identified. He stated that the Advisory Board should seriously consider recommending to the CRA Board that the CRA offer CRA TIF (from the line of credit— or reserves) to the Board of County Commissioners to cover the land cost - differential between appraisal and contracted price. Mr. Kurtz added that County Staff is still negotiating a sales price with the Forsyth family. • Mr. Gunther stated that he fully supports the CRA assisting in the acquisition of land for the Gateway Triangle stormwater project. Motion to recommend to the CRA Board to pledge CRA TIF (line of credit or reserves) to cover the cost - differential between appraised value and contract/sales price to acquire the 1.58 acre Forsyth parcel: Mr. Gunter. Second: Ms Beatty. In discussion Mr. Neal asked why didn't the appraisal consider income -loss, will this land meet Gateway Triangle future needs and can the SFWMD grants be use to reimburse the CRA? Mr. Kurtz stated that the appraisal only determined the value of the real estate and that typical appraisals of this nature done for the County don't take income stream into account, the new acreage will be a significant addition but will not solve all of the stormwater issues, and the SFWMD grant are specifically identified for'design' or 'construction'. Mr. Fowle asked if the SFWMD grants could be siphoned off or redirected to another project in the County? Mr. Kurtz stated no, that the grants were project specific. • Motion approved 7 -0. August 1, 2006 CRA -AB Minutes 2 Agenda Item No. 14A September 26, 2006 Page 21 of 22 Mr. Jackson identified the CRA -AB correspondence either received or sent since the last meeting. He asked if the Board had any questions. c. Mr. Jackson provided an update on activities within the CRA. Topics included budget, residential street paving, Haldeman Creek dredging, Treviso Bay Marina, residential guidelines contract, 17 acre land acquisition, acquisition of the Shadley Trust property, CRA Overlay amendments, Linwood Avenue sewer force main, Sprint/Embarq fence replacement and CRA office relocation. 5. Old Business: a. Mr. Jackson presented the Advisory Board his memo requesting final payment to Florida Highway Products for their street paving work in the Bayshore and Gateway Triangle areas. Motion to approve final payment of $70,190.00 to Florida Highway Products, Inc. Mr. Fowle. Second: Mr. Gunther. Approved 7 -0. 6. New Business. a. Mr. Jackson presented the Florida Redevelopment Association's annual conference agenda and registration forms for the CRA -AB members to consider. He asked each CRA -AB member to advise him of their desire to attend the October conference and he would present them to the CRA Board for funding approval. b. Mr. Jackson presented a set of land acquisition opportunities for the CRA -AB to consider. The opportunities ranged from single - family residential sites, mobile home lots to commercial redevelopment sites. The Advisory Board stated that they would take them under advisement. c. Mr. Jackson presented a letter and appraisal from Mr. Richard Munoz, owner of Union Motors, Mr. Munoz's letter was an offer to the CRA to consider purchase of his property at the intersection of US41 and Davis Blvd. Mr. Thomas stated that he felt that since this property was adjacent to Mr. Corradi's mini - triangle properties, he could also review this offering. By consensus the CRA -AB agreed for Mr. Thomas to investigate and make a recommendation to the CRA -AB. Mr. Jackson presented the CRA -AB with invoices for payment resulting from the CRA's acquisition of a $7M line of credit from Wachovia Bank. They are payments of $15,000 for bond counsel (Nabors Giblin & Nickerson, PA), $15,000 for financial consulting (Public Financial Management) and $3,000 for Wachovia Bank's financial counsel. Motion to approve payment for financial services received during the acquisition of a $7M line of credit from Wachovia Bank: Mr. Gunther. Second: Ms Beatty. Approved 7 -0. e. Mr. Jackson stated that the newly acquired 17 acres of vacant land will have to be maintained to meet County maintenance code. He stated that he consulted the Purchasing Department and that the CRA can enter into an agreement with the current bush hog services as long as it is less than $1000. Carl Magee Bush Hog services is a County approved contractor that does work for the County Code Enforcement Department. He agreed to continue to provide the service as requested until September 30, 2006 at a rate of $260 per service for the northern acreage and $130 per service for the southern acreage. Mr. Jackson stated that would be less than $1000, and that he would execute an RFP for service for FY07 through the County Purchasing Department. Motion to approve agreement for bush hog services with Carl Magee Bush Hog Service not to exceed $1000 total service until September 30, 2006: Ms Beatty. Second: Mr. Thomas. Approved 7 -0. f. Bayshore Fire Station Lights. Mr. Neal explained to the CRA -AB the sequence of events surrounding the East Naples Fire District's installation of traffic lights on Bayshore Drive at the Windstar and Jeepers Drive intersection. He stated that the project did not coordinate August 1, 2006 CRA -AB Minutes 3 Agenda Item No. 14A September 26, 2006 Page 22 of 22 with the community nor the other governmental agencies that have responsibilities in the area, specifically the Bayshore Avalon MSTU and CRA. He is concerned that there are some groups that do not understand that the agencies that have responsibilities in that area should be contacted prior to any planning, work or changes are contemplated, mostly to deconflict priorities and projects. After a roundtable discussion, motion to write a letter to the CRA Board to request the Board of County Commissioners advise the County Manager and his Divisions to make every effort to communicate with and coordinate with the area's neighborhoods, residents, and two other agencies (CRA & MSTU) before activities are planned or conceived in the CRA boundaries. 7. Citizen Comments: a. Mr. Elmer Wheeler expressed concern about why the CRA -AB did not discuss the Treviso Bay Marina project. Mr. Jackson advised him that Treviso bay Marina was the topic at last month's meeting. Mr. Wheeler stated that he and his neighbors are concerned about the proposed parking plan. Mr. Jackson explained that the Treviso Bay Marina developers have a copy of the neighborhood form letter, and that there will be a Neighborhood Information Meeting (NIM) before any request goes to the BCC. Mr. Neal asked Mr. Wheeler to continue to attend the CRA -AB meetings to keep informed. He agreed. b. Ms Jada Anastasia spoke about the Brookside residential development to the north of the CRA's boundary. She asked if it could become a part of the CRA. Mr. Jackson explained that is could, as well as other residential neighborhoods close to the CRA boundary provided the CRA authorizes a blight study, and if slum and blight is documented, then the CRA could amend its boundary. Mr. Neal asked Ms Anastasia to work with Mr. Jackson. She agreed. 8. Adjournment: The regular meeting was adjourned at 7:28pm. The next regular meeting of the Advisory Board is September 7, 2006 at 6PM at the Collier County Risk management Training Room, Building "D ". August 1, 2006 CRA -AB Minutes 4 Agenda Item No. 14B EXECUTIVE SUMMARY September 26, 2006 Page 1 of 16 Bayshore Gateway Triangle Community Redevelopment Agency FY 2006 Annual performance appraisal review for the Executive Director; determine the FY 2006 Merit Pay Award for lump sum payment from the FY 07 budget and authorize the FY 2007 Cost of Living Adjustment beginning the first pay period in FY07 OBJECTIVE: To complete the FY 2006 annual performance appraisal for the Bayshore Gateway Triangle CRA Executive Director, determine the FY 2006 Merit Pay Award for lump sum payment from the FY 2007 budget and approve the Collier County authorized 4.7% FY 2007 Cost of Living Adjustment beginning the first pay period in FY 2007. BACKGROUND: The Bayshore Gateway Triangle CRA Executive Director is a CRA contract employee that reports directly to the CRA Board. He routinely meets with the CRA Board's appointed Local Advisory Board to plan and execute the CRA Redevelopment Plan, and meets collectively and individually (when required) with CRA Board members to conduct CRA business and budgetary matters. The Local Advisory Board meets annually to determine the CRA's annual Plan of Work and then meets with the CRA Board in a joint workshop to review and recommend approval of the Plan. The CRA's Local Advisory Board closely monitors the Executive Director's accomplishment of the Redevelopment Plan and the approved annual Plan of Work. Each Advisory Board member evaluates the Executive Director and the Advisory Board Chairman performs the annual appraisal and submits it to the CRA Chairman. CONSIDERATIONS: The CRA Executive Director's Employment Agreement provides that on the date that Collier County general wage adjustments are granted generally to Collier County employees, the Executive Director's base salary shall be modified to reflect the general wage adjustment granted to other County employees. The FY 07 annual COLA is set at 4.7 percent to be applied beginning the first pay period in FY 07. Merit pay is also available if the CRA Board feels that the Executive Director has "met ", "exceeded" or "far exceeded" the Board's expectations. Merit pay can be awarded from 3% (minimum) to a 10% (maximum). By the existing contract, merit adjustments shall be awarded as a lump sum payment for FY2006 performance and not be added to his salary base. The Executive Director provided a commentary and self - appraisal to the Local Advisory Board for this year's appraisal (Exhibit A). The Advisory Board Chairman has completed and submitted a performance evaluation for the Executive Director and a cover letter with Merit Pay Award recommendations to the CRA Board (Exhibit B). FISCAL IMPACT: Depending upon the percent of merit pay awarded by the Board of County Commissioners, the one time lump sum payment payable from the FY 07 Fund (187) Bayshore Gateway CRA Triangle budget may range from $3,300 to $11,000. Due to position vacancies, sufficient dollars exist within the proposed FY 07 Fund (187) budget to fund a 4.7 percent Cost of Living Adjustment and a lump sum merit award up to the maximum of 10 percent. No budget amendments are necessary at this time. GROWTH MANAGEMENT IMPACT: There is no growth management impact with this item. RECOMMENDATION: That the CRA Board complete the annual performance appraisal process for the Bayshore Gateway Triangle CRA Executive Director, authorize 4.7% FY07 COLA beginning the first pay period in FY07 and determine the Merit Pay Award. Prepared by: David L. Jackson on September 14, 2006 Executive Director, Bayshore /Gateway Triangle Community Redevelopment Agency Agenda Item No. 14B September 26; 2006 Page 2of16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 14B Item Summary: Bayshore Gateway Triangle Community Redevelopment Agency FY 2006 Annual performance appraisal review for the Executive Director; determine the FY 2006 Merit Pay Award for lump sum payment from the FY 07 budget and authorize the FY 2007 Cost of Living Adjustment beginning the first pay period in FY07. Meeting Date: 9/26/2006 9:00:00 AM Prepared By David Jackson Executive Director Date Community Redevelopment Bayshore - Gateway Redevelopment 911412006 2:03:54 PM Agency Approved By David Jackson Executive Director Date Community Redevelopment Bayshore- Gateway Redevelopment 9/1412006 2:04 PM Agency Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9114/2006 2:06 PM Approved By Mark Isackson Budget Analyst Date County Manager`s Office Office of Management 8 Budget 9115/2006 10:37 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/15/2006 12:48 PM Commissioners Agenda Item No. 14B September 26, 2006 Page 3 of 16 COLLIER COUNTY CRA EMPLOYEE SELF - APPRAISAL FORM Name: David Jackson Division: CRA Title: Executive Director Department: Bayshore Gateway Triangle Review Date: September 2006 Section: Section I - Performance Review A. Goals and Objectives: Please list and discuss major objectives and rp ojects covered by this review. Briefly state the status of each. (Attach additional pages as necessary). Goal: Bring professional experience and technical expertise to the CRA Staff. Obiective: Improve the operations and perceptions of the CRA. Strategies: (1) Provide advice, guidance and recommendations to Advisory Board through quarterly goals, objectives and strategy sessions. (2) Create new projects and establish aggressive timelines to achieve projects, and identify funding sources to implement each. Goal: Focus private sector consultants with technical expertise on deficiencies identified in the CRA Master Redevelopment Plan. Objective: Advertise for and hire professional consultants to study failing infrastructure, inadequate transportation systems and substandard residential streets and then make recommendations to correct deficiencies. Strategies: (1) Hire transportation consultant to study poor road system design and recommend strategies to improve vehicle flow, protect pedestrians and eliminate localized stormwater flooding. (2) Hire landscape architect to study CRA residential streets and recommend streetscape designs compiled in a workbook for residential property owners to use in the redesign of their neighborhood roads. (3) Coordinate with City of Naples Public Works Department to study the cause of low water pressure in the CRA and determine corrective actions in order to meet future needs as the CRA is built out. Goal: Eliminate all lime rock roads in the CRA. Obiective: Create a program to pave all unpaved (dirt) roads in the CRA. Strategies: (1) Work with property owners on dirt roads and build consensus to achieve a majority vote in favor of paving. (2) Locate a paving company to pave the roads with a product acceptable to the County. (3) Determine a source of funding. Goal: Bayshore and Gateway Overlays approved and codified into the Collier County Land Development Code. Obiective: Complete and submit the Overlays to pass review of Collier Planning Department and Collier Planning Commission and present to County Commission for approval. Strategies: (1) Work with CRA Consultant to complete the Overlay drafts for presentation through the review process. (2) Make recommended changes to Overlay language and criteria. (3) Defend mixed -use zoning and approval process at each level of review. Agenda Item No. 14B September 26, 2006 Page 4 of 16 Section I - Performance Review (continued) Goal: Receive permit to construct stormwater drainage and retention system in the Gateway area. Objective: Complete stormwater infrastructure survey, stormwater piping system study and retention pond design. Strategies: (1) Continuous liaison with County Project Manager to maintain focus on progress. (2) Attend design meeting to ensure progress. (3) Assist in the location of available land to expand water retention pond for quality and quantity factors. Goal: Acquisition of land as recommended in CRA Redevelopment Master Plan as a catalyst redevelopment project. Objective: Proactively seek land suitable for mixed -use redevelopment and acquire it. Strategies: (1) Determine suitable locations for catalyst projects. (2) Offer to buy land. (3) Secure bank loan as funding source. (4) Close the sale of the property. Goal: Stand alone CRA office. Obiective: Relocate CRA office to a location that can accommodate parking, signage and public visibility and meets future growth needs. Strategies: (1) Search available commercial office space. (2) Negotiate lease contract and present to CPA Board for approval. Goal: Develop professional job descriptions and hire two new staff members. Obiective: Hire new CRA staff to accommodate growth in number of projects and programs. Strategies: (1) Create job descriptions. (2) Create funded positions with CRA Board approval. (3) Advertise for employees. (4) Interview and hire. Goal: Implement the Site Improvement Program as an effective redevelopment tool. Objective: Manage the program through annual revisions to meet CRA needs. Strategies: (1) Fund the program at $100,000 per year. (2) Review applications and fund those that meet criteria. (3) Update the program annually. Goal: Create and manage a Cultural District that serves as an economic development tool. Obiective: Present a Cultural District plan and receive approval from the CRA and BCC Boards. Strategies: (1) Develop a resolution that establishes the boundaries and objectives of the district. (2) Develop an RFP to hire a consultant to create a master plan. Goal: Provide public parking facilities to accommodate future growth. Objective: Actively pursue potential parking sites and joint - venture projects to create adequate parking facilities or public parking spaces to serve growth. Strategies: (1) Analyze sites that could accommodate public parking. (2) Establish public - private agreements to design and /or build public parking facilities. 2 Agenda Item No. 14B September 26, 2006 Page 5 of 16 B. Accomplishments /Achievements: Please list and briefly describe the most important accomplishments you achieved during the past peJformance appraisal period. RECOMMENDED CRA -AB PROJECTS FY2006 These are the CRA -AB's goals and projects assigned to me to accomplish In red are the accomplishments or status Strengthen Role Of CRA -AB Stand Alone Office Capabilities New office acquired at close of current lease Creation of Sub - Committees Plan for Staff/ Personnel Increase (Budget) New hires being interviewed to be on -site October 2006 Land / Property Acquisition Bayshore — Artist Village Zone 17 acres acquired August 2006 Gateway — Triangle Stormwater pond expansion land under contract - Forsyth Determine Urban Infill Projects /Locations Determine Site Development Locations Gateway Triangle: • Working: Mini - Triangle (7 acres), CalUsa Avenue (5 acres), Airport - Pulling (3 acres), Palm Court Trailer Park (5 acres) Bayshore: • ,Working: 17 acres, Tipsy Seagull, Arboretum Village (38+ acres), Gulf Gate South (' ) acres), Bayshore vacant land (3+ acres and 9+ acres) Build Public - Private Partnerships (Land Owners) Arboretum Village (parking garage), Treviso Bay Marina (streetscape donation), Lakeview Drive of Naples, LLC (streetscape donation), Cirrus Pointe (streetscape donation) Solicit Developers RFQ /RFP Process 17 acres RFP in work Residential Infill Projects Housing Rehabilitation Plan Site Improvement Grant modification for rental properties Establish Low - Interest Revolving Loan Pool Build Public - Private Partnerships (Financial Institutions) Commercial & Residential Partner With Bordering Agencies / Organizations Naples CRA MSTU Collier Economic Development Council East Naples Association / Neighborhood Associations 3 Agenda Item No. 14B September 26, 2006 Page 6 of 16 Create Destinations (5 -Year Plan) Artist Village / Art Center / Museum 17 acres RFP Entertainment Center Tipsy Seagull site — in work, Gulf gate South — in work Mixed Use Power Center / Town Center Farmer's Market Blighted Buildings Commercial & Residential New hire to work code enforcement and site improvement grant program as incentive Parking Garage(s) (5 -Year Plan) Site Location Feasibility Study Arboretum Village, Mini- Triangle Pocket Garages Streetscape Extensions (5 -Year Plan) Shadowlawn, Commercial, Linwood Corridor Study underway — waiting on results Linwood sewer line abandonment by county Residential Demonstration Projects Streetscape workbook in design — Lakeview & Andrew Stormwater (1 -3 -5 -Year Plans) Bayshore Residential Gateway Stormwater Study Pond pen-nit received CRA Land Acquisition Gateway - Pond expansion — Forsyth acquisition Bayshore - 17 acres acquisition Design Into Public Water Amenity Gateway pond has perimeter public walking path designed in Schedule & Fund Community / Neighborhood Visioning Projects (1 & 3 -Year Plans) S ignage Gateways — Statement Signs Community Directional Signage Master Plan Cultural Arts Apply For Cultural Facilities Grants — Acquisition Apply For Cultural Arts Action Plan — National Trust Complete Zoning Overlays Bayshore Amendment #2 Completed Feb 28, 2006 Gateway First Draft Completed Feb 28, 2006 Comprehensive Plan Under review by Dept Community Affairs and County C4 /C5 Zoning Changes No longer applicable El Agenda Item No. 14B September 26, 2006 Page 7 of 16 C. Unusual Circumstances: List and briefly describe any unusual circumstances, unplanned projects, changed priorities, or special problems. None. D. Performance Appraisal: Briefly describe your assessment of your overall performance for the last evaluation period. I have brought credibility and focus to the mission of the CRA. Credibility in that the CRA is not a paper tiger, but an organization that physically accomplishes projects that correct deficiencies identified in the CRA Master Plan. Focus in that CRA Board objectives are detailed in a clear and precise work plan. I have rallied the entire CRA community to work towards the betterment of the area and the livelihood of the residents. A clear, well- defined set of strategies are defined for the next five years in the Advisory Board's 5 -Year Business Plan. It has been a challenge to restart the CRA operation, but I strongly feel that in these 18 months that I have put the CRA back on track and proceeding full -speed ahead; with a bright future ahead. Section II - Employee Development A. Education and Training Update: List any job - related courses, training, or seminars in which you have enrolled or completed since your last review. Walkable streets seminar; SAP Training, GovMax Training. B. Personal Development: List or discuss those areas which you believe you can improve upon during the next performance appraisal period. Also, list specific future promotional or other career development goals. The most significant improvement will be in the area of communicating the CRA Master Plan's goals and objectives to the County Staff and CRA community. Secondly will be a continuing drive to accomplish objectives outlined in the Redevelopment Plan and continue to create projects that will accomplish those goals. Thirdly will continue to foster a positive cost -to- benefit marking program to future investors that have interests in redeveloping the CRA and eliminating slum and blight. Also I will work the 5 -Year Business Plan to better define goals and objectives and strategies to achieve them. C. Organizational Support: Describe any specific development activities or improvements your supervisor or the organization can undertake to assist in your department. Hire professional CRA support personnel to assist in completing the CRA Master Plan. 5 Agenda Item No. 14B September 26, 2006 Page 8 of 16 Section III - Performance Objectives List the major performance objectives you would like to accomplish during the FY2007 appraisal period. Indicate the objective, how measured, and when it should be accomplished. RFPs: Three streetscape projects bid & designed — completed by Dec 2007 Shadowlawn Drive, Linwood Avenue, Lakeview /Riverview Drives 17 acre parcel public- private partnership for mixed use redevelopment Cultural District Master Plan In -Work Project Completion: Davis Lighting Project — completed Nov 2006 Residential Landscape / Streetscape Handbook Transportation: Bayshore / Shadowlawn Corridor Study — completed 2006 Thomasson Drive Corridor Study completed 2007 Stormwater pond for Gateway Triangle under construction — Spring 2007 Stormwater cooperative for Min- Triangle with catalysts project Identification of future parking lot sites — completed 2007 Redevelopment: CRA & developer public - private partnership — agreements by summer 2007 One in Gateway (Mini - Triangle) & one in Bayshore (17 Acres) CRA acquisition of land for development project — sites identified spring 2007 Cultural District concept planning underway — spring 2007 Increased residential home owner occupation — ongoing Increase housing stock at the `Gap' level (mid -level workforce) - ongoing Identify one catalyst project in each Bayshore & Gateway area — fall 2007 Code Enforcement emphasis — CRA employee assistance Media: Positive promotion of CRA area and projects — ongoing Increased exposure in print and TV media - ongoing Sponsorship of private development projects - ongoing Community participation increased — ongoing Regularly schedule neighborhood informational meetings — semi - annual Promotion of CRA through web site and electronic newsletter - monthly Code Enforcement/Safety (ongoing): Increased activity — continuous presence Building maintenance Crime Aesthetics Agenda Item No. 14B THE BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT WRlirkber26,2006 Page 9 of 16 COMMUNITY REDEVELOPMENT AGENCY 2408 LINWOOD AVE SUITE 11 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 September 14, 2006 Dear CRA Board Members, CRA Board Commissioner It's that time of the year when my task is to advise you how our CRA Executive Director James N. Coletta David Jackson is performing his job. Commissioner Fred W. Coyle Having served as a corporate chief executive officer for companies both private and public, I Commissioner have had the experience of observing successful executives in carrying out their duties. Donna Fiala Chairman David Jackson has far surpassed the expectations of job performance the Advisory Board Commissioner pictured in filling this position. He has demonstrated outstanding leadership with our CRA program Frank Halas working with all partners involved. He has assimilated himself into the community bringing all Commissioner concerned partners into the process building the necessary bridges to accomplish the CRA goals. Tom Henning David Jackson has operated the CRA office on his own for all the time of his employment Advisory proving to be a skilled hands -on and lean manager. One superior attribute he has is his exceptional Board ability initiating and completing all projects. His honesty and work ethic is superior. Davis also brings Bill Neal a vast visioning grasp of how the CRA area is to grow. Chairman Karen Beatty Your CRA Advisory Board is unanimously recommending we award David Jackson a ten gochelle Doepke percent (10 %) merit pay bonus as provided in his present contract. This merit pay would be a one time lump sum payment of $11,000 while maintaining his current financial package. There is Ron Fowle sufficient money in the CRA's FY2006 personnel budget to cover this merit pay. Rod Gamer Chuck Gunther As a matter of interest to you, we have in the files how Mr. Jackson was evaluated in all categories. Steve Main William Mears Thanks you for your cooperation and your Advisory Board looks forward to working with indsey Thomas you in the next fiscal year. For the Bayshore Gateway Triangle CRA Local Advisory Board, CRA Staff 3avid L. Jackson Executive Director Bill'Neal, Chairman cc: Files Yesterday Tomorrow fHF NAYSIIORL/GATEWAY Tltl,%NGLF.. 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C 2> • ° O p > b" A ® 3 Vn a o u o a 7 b[ a E g> o n.'� Eco 3 n -o 0 'C a> 3 Oq c A 4 CC +�•+ rA O O`• u O 4 y C, G i 4= ca cn i :+ 'O cC +"' ca ^� ca 'O a; R O c=i n..� 3 y ca GC b y vi td ❑ cn V as ro o o- 3 n Z> '� > A C13> E a) S w CD C O O LLJ �•Or m O M kn en [� El v c3 ea y a+ u � o y" a Z V W C y V wtit M V_ � C/7 u }tu W4 Cd U 0 O G U y fV G. �_ Y Oq •ca O cc m ca Cc y w ° 3 � > `T a c C d s w b c d Lw O O .�. a 04 L �+ O r.+ 'C aui O .a •� w � O O � O O � �w C4 v� .bD O ,z a u a Q u o � u 42 O y s o � � L � u d � O O C � � v i u O x, w v, s �•bD a� .0 4 . w ao � 3 � o F„ a. Agenda Item No. 14C September 26, 2006 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a 10.0 percent ($9,299.05) merit increase effective the first pay period in FY07 and a $5,000.00 bonus effective in FY06 to the Executive Director of the Collier County Airport Authority, Theresa M. Cook, and associated budget amendments. OBJECTIVE: That the Board of County Commissioners (the "Board ") approve a 10.0 percent ($9,299.05) merit increase effective the first pay period in FY07 and a $5,000.00 bonus effective in FY06 for the Collier County Airport Authority (the "Authority ") Executive Director, Theresa M. Cook, and associated budget amendments. CONSIDERATION: Based on the Authority's Executive Director's performance from September 1, 2005 through August 31, 2006, the Authority voted unanimously to recommend a $5,000 bonus for FY06 for the Executive Director, Theresa M. Cook, and a 10.0 percent ($9,299.05) merit increase, effective the first pay period in FY07, increasing her annual salary from $92,990.50 to $102,289.55. FISCAL IMPACT: Funding for the $5,000 bonus is available from salary savings in the Airport Authority Operating Fund (495) for FY06. Funding for the merit increase, effective in FY 07, is partially available in the FY07 budget request. The fiscal impact of the 10.0 percent ($9,299.05) merit increase is an increase in the Airport Authority General Fund Transfer to Fund 495 in the amount of $4,400. The balance of the increase is already included in the budget request for FY07. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this executive summary. RECOMMENDATION: That the Board ratify the Authority's recommendation to provide a 10.0 percent ($9,299.05) merit increase for the Airport Authority Executive Director, Theresa M. Cook, increasing her annual salary for FY07 from $92,990.50 to $102,289.55, and a $5,000.00 bonus for FY06 and associated budget amendment. Prepared by Debi Mueller Agenda Item No. 14C September 26, 2006 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 14C Item Summary: Recommendation to approve a 10.0 percent ($9,299.05) merit increase effective the first pay period in FY07 and a $5,000.00 bonus effective in FY06 to the Executive Director of the Collier County Airport Authority, Theresa M. Cook, and associated budget amendments. Meeting Date: 9/26/2006 9:00:00 AM Approved By Theresa M. Cook Executive Director Date County Manager's Office Airport Authority 9/14/2006 3:06 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9115/2006 9:31 AM Approved By Randy Greenwald Management /Budget Analyst Date County Manager's Office Office of Management & Budget 9115/2006 11:12 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1812006 2:53 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager's Office 911912006 1:21 PM Agenda Item No. 14C September 26, 2006 Page 3 of 8 COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF REGULAR MONDAY, SEPTEMBER 11, 2006 MEETING MEMBERS Robin Doyle Jim Peterka Byron Meade Gene Schmidt PRESENT: Richard Schmidt STAFF: Theresa M. Cook Tom Palmer PUBLIC: Joan McGinnis Robert Tweedie Michael Klein I. MEETING CALLED TO ORDER Debi Mueller Debbie Harnaga Meeting called to order at 1:05 p.m. A quorum was present throughout the meeting. III. APPROVAL OF AGENDA The following item was added to the Agenda under VII. New Business: F. Executive Director's Performance Evaluation Mr. Richard Schmidt then made a motion to approve the agenda as amended. Mr. Gene Schmidt seconded, and the Agenda, with the above addition, was approved by a 5 -0 vote. IV. APPROVAL OF MINUTES The August 14, 2006 Minutes of the Authority were unanimously approved, after motion to accept by Mr. Gene Schmidt, seconded by Mr. Jim Peterka. V. FINANCE REPORT Debi Mueller stated that Jet A fuel sales are up at Immokalee, and Avgas sales are down. Jet A sales have increased because the crop dusting operation at the Immokalee Airport is now purchasing fuel from the Authority. The prior crop dusting business, Airworks, had its own fuel farm and paid only a flowage fee. Debi also indicated that the Immokalee Airport Managers' position has been vacant for approximately six months, and that the Authority plans to utilize those salary cost savings to purchase a CAD plotter and Auto -CAD light software whereby staff can make revisions to plans and drawings and can develop different scenarios rather than the Authority having to pay consultants for such items. No action required. Y.• IAdmirnistrationWA BoardlMinutesW9 -11 -06 minutes TCP edits 9 -13 -06 highlighted. doc Agenda Item No. 14C September 26, 2006 Page 4 of 8 VI. EXECUTIVE DIRECTOR'S REPORT Ms. Cook provided a brief status update of the major projects at each airport. Immokalee Regional Airport • The Airport Authority Received three proposals in response to the Request for Proposal (RFP) for Commercial Development and Use at the Immokalee Regional Airport. All three applicants were selected for Sub -lease negotiations. Theresa anticipates having sub- leases for each of the three developers on the October 9, 2006 Agenda for the Board's approval. • The Site Development Plan (SDP) for the Lake and Taxiway at the Immokalee Airport was rejected for a second time. The SDP will be resubmitted on October 15, 2006 and is expected to be completed by November 15, 2006. Theresa will schedule a meeting with Ralph Hester next week regarding the impact the Lake and Taxiway will have on the racetrack. • Taxiway contract negotiations for deductions and changes are scheduled for September 13, 2006. URS will handle construction oversight on the Taxiway Project. • It is anticipated that the Lake should go out to bid in November. URS will also handle the construction oversight on this Project. • Staff is conducting an audit of Hole Montes work orders pertaining to environmental issues to verify the Authority is being fairly /accurately charged. �. • A Grant for a Master Plan Study at the Immokalee Airport has been accepted. The Airport Authority Board will hold an "Immokalee Airport Master Plan" Workshop on October 9 at 10:00 AM. at the Marco Island Executive Airport immediately before the Airport Authority's regular meeting. Following the workshop a kickoff meeting will be scheduled with the Master Plan/PUD committee and URS. Marco Island Executive Airport • A Grant for a Master Plan/Airport Layout Plan Update of the Marco Island Airport has been accepted. Theresa tasked the Airport Manager, Bob Tweedie, to create a "Marco Island Airport Master Plan" Committee. Everglades Airpark • Staff met with insurance adjusters to discuss a monetary settlement regarding property damage and revenue losses that resulted from Hurricane Wilma damage at the Everglades Airpark. A settlement offer is expected from the insurance company within the next week. VII. NEW BUSINESS A. Mr. Peterka made a motion to approve Resolution 06 -30 affirming the County Manager's acceptance and execution of a Federal Aviation Administration (FAA) Grant Agreement on August 21, 2006 for $149,435, subject to ratification by the Board of County Commissioners (BCC) on September 12, 2006, to fund an update of the Airport Master Plan Study for the Immokalee Regional Airport. Mr. Gene Schmidt seconded, and Resolution 06 -30 was approved unanimously. Y. lAdministrationlAA Board'MinutesW9 -11 -06 minutes TCP edits 9- 13- 06_highlighted.doc Agenda Item No. 14C September 26, 2006 Page 5 of 8 B. Mr. Gene Schmidt made a motion to approve Resolution 06 -31 approving and authorizing the Authority's Chairman to execute URS Work Order #URS -FT- 3889 -07 in the amount of $110,850 for an update of the Master Plan/Airport Layout Plan for the Marco Island Executive Airport, subject to ratification by the BCC on September 12, 2006 of acceptance of an FAA Grant Agreement for subject Master Plan Update. Mr. Peterka seconded the motion, and Resolution 06 -31 passed unanimously. C. Mr. Gene Schmidt made a motion to approve Resolution 06 -32 approving a Disadvantaged Business Enterprise (DBE) goal of 8.5 percent for FAA funded airport improvement projects at the Immokalee Regional Airport during fiscal year 2007. Mr. Meade seconded, and Resolution 06 -32 passed unanimously. D. Mr. Peterka made a motion to approve Resolution 06 -33 rescinding Resolution 06 -12 approved on May 22, 2006 which approved and authorized execution of Amendment Number 3 to Hole Montes Work Order CCAA -02 -03 for $22,800 to extend and re -bid Taxiway "C" and revise the Site Development Plan (SDP) application for the Immokalee Regional Airport. Amendment Number 3 to Work Order CCAA -02 -03 was never executed, and the number was subsequently inadvertently assigned to a Deduct Work Order Amendment. Mr. Gene Schmidt seconded, and Resolution 06 -33 passed unanimously. E. Mr. Peterka made a motion to approve Resolution 06 -34 approving and authorizing the Authority's Chairman to execute Hole Montes Work Order CCAA -06 -01 for $28,800 for the redesign, permitting and rebidding of Taxiway "C" at the Immokalee Regional Airport, subject to ratification by the BCC on September 12, 2006 of acceptance of an FAA Grant for subject Taxiway Project. Mr. Gene Schmidt seconded, and Resolution 06 -34 passed unanimously. Chairman Doyle abstained because of conflict of interest, and signed the Conflict of Interest standard form. (Copy attached.) F. The Authority's Chairman summarized the Board members' comments regarding the Executive Director's performance evaluation stressing that Theresa Cook's overall performance is better than "very good." Based on her performance from September 1, 2005 through August 31, 2006, the Chairman recommended that Theresa be granted a $5,000 bonus and a ten (10.0) percent salary increase. The recommendation was followed by a motion by Mr. Meade, seconded by Mr. Peterka. The Board voted unanimously to grant Theresa a $5,000 bonus and a ten (10.0) percent salary increase. The Office Manager, Debi Mueller, stated that the $5,000 bonus is available in the Authority's 2006 fiscal year budget, and that the ten (10.0) percent salary increase would require a budget amendment to the fiscal year 2007 budget request. VIII. ADJOURNMENT Prior to adjourning, the Authority confirmed that the " Immokalee Master Plan/PUD" Workshop will be October 9, 2006 at 10:00 A.M. at the Marco Island Executive Airport. The authority also declared that as the first item on the October 9, 2006 Agenda, the Airport Authority Board will elect its new officers. Chairman Doyle then adjourned the meeting "without objection." 3 Y. IAdministrationlAA Board iMinutesW9 -11 -06 minutes TCP edits 9- 13- 06_highlighted.doc Agenda Item No. 14C September 26, 2006 Page 6 of 8 Y..WministrationlAA BoardMinutesW9 -11 -06 minutes TCP edits 9 -13 -06 highlighted.doc Collier County Airport Authority Administrative Code 100 The Authority Effective Date: 8 /9/04 120: Authority Organization Revised Date: 120.04: Executive Director Agenda Item No. 14C September 26, 2006 Page 7 of 8 Chairman Review and Approve: 8/9/04 Attorney's Review and Approve: PURPOSE: To provide for the Chief Executive Officer of the Authority. LEGAL CONSIDERATION: Ordinance No. 2004 -3 POLICY: Section Ten, Ordnance 2004 -3 states that the "Authority shall have an Executive Director to serve as the Authority's chief operating officer. The Executive Director shall be hired by an affirmative vote of the membership of the Authority subject to (i) the Board approving each search for an Executive Director, (ii) the Board approving the individual recommended to the Board for employment as Executive Director, and (iii) the Board approving the proposed employment agreement. Subject to the provisions of an Employment Agreement of the Executive Director, the Executive Director may be terminated, with or without cause, by an affirmative vote of the membership of the Authority. Selection Process: a. An "Executive Director selection sub - committee" of the Authority shall review all applicant submissions for qualifications; shall rank the applicants, and make its recommendations to the Authority. b. At a properly noticed meeting, the Authority shall vote on the Executive Director Selection sub- committee's recommendation. c. After the Authority's approval of the selected applicant, the Authority shall authorize its Chairman to negotiate a proposed employment agreement with that applicant, including salary, as directed by the Authority. d. After a proposed employment agreement is agreed upon between the Chairman and the selected applicant, the proposed employment agreement will be placed on the Authority's agenda for approval by a vote of the Authority's voting members. e. After the proposed employment agreement is approved by the Authority, its Chairman will prepare an Executive Summary to be placed on the BCC's agenda, recommending the Board's approval of the selected applicant and the negotiated employment agreement. 9 Agenda Item No. 14C September 26, 2006 Page 8 of 8 f. After the proposed employment agreement is approved by the BCC, the BCC will offer that agreement to the selected applicant. g. The proposed employment agreement is contingent upon final approval by the BCC. Duties: The Executive Director shall work under the direction of the Authority as the chief operating officer. All executive and administrative responsibilities and powers specified herein shall be assigned to and vested in the Executive Director. The Executive Director shall execute and implement policies that the Authority sets and shall be a fully Accredited Airport Executive (AAE) by the American Association of Airport Executives, prior to being considered for permanent employment. u. The Executive Director shall formulate and prepare recommendations regarding such policies, directives, rules, regulation, programs, agreements, contracts (including leases, subleases, licenses and all other permits or permissions) and other documents which may require the consideration, action; or approval of the Authority. The Executive Director shall also be responsible for implementation of all of the above documents whenever the Authority may adopt the respective document The Executive Director shall have the Authority to issue operational policies in the form of "Standard Operating Procedures" and "Standard Operating Directives" necessary to secure and maintain a well trained and motivated work force and ensure the safe and efficient operation of the airports. 10 Agenda Item No. 16A1 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Heritage Bay Unit Three ", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Heritage Bay Unit Three ", a subdivision of lands located in Section 24, 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 Unit Three ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Heritage Bay Unit Three" be approved for recording. FISCAL IMPACT: The project cost is $506,548.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $147,428.00 b) Drainage, Paving, Grading - $359,120.00 The Security amount, equal to 110% of the project cost, is $557,202.80 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: $16,246.44 Agenda Item No. 16A1 September 26, 2006 Fees are based on a construction estimate of $506,548.00 and were paid9rIg6utjt,4 2006. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) - $1,050.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$1,105.71 C) Drainage, Paving, Grading (.75% const. est.) -$2,693.40 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$3,317.13 e) Drainage, Paving, Grading(2.25 %const.est.) -$8,080.20 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 "Heritage Bay Unit Three" for recording with the following stipulations: 1. Approve the amount of $557,202.80 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No. 16A1 September 26, 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A1 Item Summary: Recommendation to approve for recording the final plat of Heritage Bay Unit Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 9126!2006 9:00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Engineering Services 8130/2006 2:46:00 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 Environmental Services Environmental Services Admin. 913/2006 2:17 PM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development $ CDES Engineering Services 9/512006 4:46 PM Environmental Services Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development $ Community Development $ Environmental Services Environmental Services Admin, 9!9!2006 4.34 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911312006 8:12 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management S Budget 9/1512006 8:13 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911512006 11:33 AM Commissioners r— < r N zN � L ^^� ELL a) C r M2 _0 0. C (U N (n Q n,� GARS Gnu e OaV nOG AVe 39V1Ia3N `m Q y - 1- p BAV mow' N�I1A� x G8VA3Vge AVe 3BvIMM iano� Ave swn r m Z g cn U x O J 37'm m iGN CL a w Z O V J v Tf ti a Q m W W Q H n �o F- 9 � $ U O w — 0O ,q J.1NnoD 33l �o - 9U ;s 1 - ;s N g Z 9 o n �A 12, U - - n & 9 3 ms — OaVA3Vge N3n"10:1 156'tl "� 310 SIB CL a w Z O V J v Tf ti a Q m W W Q H n Agenda Item No, 16A2 September 26, 2006 Page 1 of 30 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS M1 Item Number: 16A2 Item Summary: Recommend the Board of County Commissioners award a contract of $200,000 to Van Buskirk, Ryffel & Associates, Inc. for development of the Collier Interactive Growth Model for the East of County Road 951 Infrastructure and Services Horizon Study, Meeting Date: 912612006 9:00:00 AM Prepared By Mike Bosi, AMP Principal Planner Date Community Development & Zoning & Land Development Review 8,3012006 10:26:40 AM Environmental Services Approved By Mike Bosl, AICP Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 8/30/2006 10:26 AM Approved By Commuinty Planning and Randall J. Cohen Redevelopment Manager Date Community Development & Comprehensive Planning 813 012006 10:41 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin, 913!2006 3:08 PM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 9/5/2006 9:36 AM Approved By ,..-.. Community Development & " Joseph K. Schmitt Environmental Services Administrator Community Development & Community Development & Environmental Services Environmental Services Admin, 91912006 4:32 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/12/2006 8:56 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911312006 8:10 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9118(2006 6:16 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9118,'2006 4:35 PM Agenda Item No. 16A2 September 26, 2006 Page 2 of 30 EXECUTIVE SUMMARY Recommend the Board of County Commissioners award a contract of $200,000 to Van Buskirk, Ryffel & Associates, Inc. for development of the Collier Interactive Growth Model for the East of County Road 951 Infrastructure and Services Horizon Study OBJECTIVE: Staff is requesting that the BCC review staff's findings and recommendation for awarding a contract for $200,000 to Van Buskirk, Ryffel & Associates Inc., for the development of the Interactive Growth. ModelT"' for Collier County The trademarked commodity is designed to improve Collier County's population forecast methods and establish a growth modeling method which better manages growth and development, particularly the amount and distribution of land uses and public services east of County Road 951 /Collier Boulevard. The BCC on June 20, 2006, authorized the single source purchase of the Interactive Growth Modef"' for Collier County and directed staff to enter into contract negotiations with Van Buskirk, Ryffel & Associates Inc. In addition, the BCC directed staff to include an affordable housing sub -model to the original scope of services. CONSIDERATION: �. On May 24, 2006 the Board of County Commissioners (BCC) was presented the preliminary report of the East of County Road 951 Infrastructure and Services Horizon Study. The preliminary report was the identification of three levels of service options for public infrastructure and service outlays for the area east of CR951. As part of the workshop, Van Buskirk, Ryffel & Associates Inc., provided the BCC with a presentation of the capabilities of their trademarked Interactive Growth Mode1T" At the conclusion of the workshop, the BCC provided staff with the direction to incorporate a land use model to the Study. On June 20, 2006, the BCC authorized the single source purchase of the Collier Interactive Growth ModelTM for Collier County and directed staff to enter into contract negotiations with Van Buskirk, Ryffel & Associates Inc. This Executive Summary is the manifestation of that directive. The original proposal from Van Buskirk, Ryffel & Associates Inc., presented at the workshop indicated a lump sum fee of $175,000, plus out of pocket expenses such as printing of the report, maps, mileage, ect. for the development of a Collier Interactive Growth Model over a 12 months period for the area east of County road 951. The revised proposal and scope of work (Exhibit A), has been expanded to include an affordable housing sub - model, a portion of the County west of 951 (see map attached to the proposed contract) to properly align the Traffic Analysis Zones (TAZs) and Census Blocks for data gathering purposes, and an 18 month time frame for a proposed lump sum of $200,000. This $200,000 lump sum fee includes all out of pocket expenses. Agenda Item No. 16A2 September 26, 2006 Page 3 of 30 The proposed project consists of developing, testing, and implementing a population forecasting model for accurate forecasting in five -year increments to build -out, then designing, developing and implementing a Collier County Growth Mode1TM (hereafter CIGM) to forecast when and where growth will take place, the apportionment of land uses to meet the needs of the population, the characteristics of the population and as a tool for a comprehensive growth management strategy for the entire area of the County east of CR 951. Specific tasks to be performed consist of organizing a County Staff work group for the development and implementation of the CIGM; working with County staff to identify, collect and inventory all available data necessary to develop and implement models, sub - models and the CIGM; developing and depicting a model for current development that can be updated annually; developing a build -out model to determine the population, and its characteristics and its distribution by Transportation Analysis Zones (TAZ); developing a population forecasting model for the study area east of CR 951; developing a commercial model with the assistance of County staff to determine the demand for retail space and office space (neighborhood, community, regional) required as a function of time and population; developing a model with the assistance of County staff to determine the apportionment of land for industrial and wholesale activities to meet future needs; developing a school facility model with the assistance of County staff to determine future school plant facilities to meet the needs of the population over time; developing an open space model with the assistance of County staff to determine the needs based on current level of service or state standards to develop open spaces (neighborhood, community, regional parks), the timing of facilities and their location; developing a sub - model with the assistance of County staff to determine the need, service area, timing and spatial distribution of fire stations; developing the CIGM with the assistance of County staff that forecasts the spatial distribution over time and the apportionment of land uses necessary to meet the needs of the population, and; reviewing the CIGM's operations with County staff so that the staff will have a working knowledge for its maintenance, update and use. As noted, an additional sub -model to help determine the future need of affordable housing has been incorporated within the Scope of Services associated with the attached contract. FISCAL IMPACT: Funding in the amount of $200,000 is budgeted for this product and services in Fiscal Year 2006 in the Comprehensive Planning Department Fund Center 138317. Board of County Commission approval will allow FY 06 budgeted funds for this contract to roll forward for use in FY 07. Source of the funds is Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: There are numerous growth management impacts associated with the Collier County Interactive Growth Model. The primary function is to identify land use issues before they become harder -to -solve problems. The CIGM can help ensure that the right parcels are available to meet the current and future demands for neighborhood, community, and regional shopping centers. Agenda Item No. 16A2 September 26, 2006 Page 4 of 30 This is a smart growth concept associated with sustainable development, which was the focus of the County's Community Character Plan, Toward Better Places. One of the fundamental aspects of smart growth and sustainable development is that people should not have to travel great distances outside their neighborhoods in order to shop. To do otherwise increases demands on roadways, the infrastructure, and travel costs. It is anticipated that the CIGM will be utilized by staff to ensure that the various subsets of land uses necessary for the County to maintain a healthy sustainable economy is provided for within the future development for the East of CR951 study area and through this monitoring the Board can make appropriate demands upon petitions for future development as well as policy decisions that will guide that development. Another major function of the CIGM is better management of appropriations in future fiscal years. The CIGM can be used to pace the timing and identify advantageous locations for expenditures and acquisitions of land for parks, water and sewer facilities, fire stations and so forth — giving Collier County the opportunity to use their resources for the maximum benefit of its citizens. The CIGM will function as a management tool to assist in the update of the Annual Update and Inventory Report (AUIR) and Capital Improvement Element (CIE) of the Growth Management Plan. As the population increases east of CR 951, the CIGM will be utilized to formulate recommended Growth Management Plan amendments, in the Golden Gate Area Master Plan as well as the Future Land Use Element. A major growth management advantage is gained in the use of the CIGM, as its GIS- based system gives the County a true Management Information System (MIS). The CIGM will support the County's transition from having to react to the demands of growth, to a proactive stance — giving the County a realistic opportunity to plan and prepare for development before its impacts occur — both physically and fiscally. RECOMMENDATION: That the Board of County Commissioners (1.) Approve a contract for $200,000 for the development of the Interactive Growth Mode1TM from Van Buskirk, Ryffel & Associates, Inc., for the East of County Road 951 Infrastructure and Services Horizon Study, and (2) Authorize the Chairman of the Board to sign the standard County Attorney approved agreement. Prepared by: Mike Bosi, AICP, Community Planning and Redevelopment Manager, Comprehensive Planning Department Agenda Item No. 16A2 September 26, 2006 Page 5 of 30 Fall 1:`al,lskiLS. -kl 1oef atICI A^yYSSOC13te , lt` qC r�iCwtE 5�1`:t r�)..]i.��tC`v11 Y6� e rs .n.acr1. e "5 3;`7,i a . ✓,�`.1 .}.j It's N7 �'u . e fi4 r l r'r r 3 ;., "7 u.t e37 rl",W 'C.W,l irts r.?TO o ( A.ugust 25, 2006) Proposed Scone of Services and Work Tasks For the Development and Implementation Of a Collier County Interactive Growth Model (CIGM) Proposed agreement betw =een lean Buskirk, Rytf'el and Associates, Inc. (hereafter referred to as the Consultant) and Collier County General Government (hereafter referred to as the Count -) to provide services with the assistance of County Staff for the development and implementation of a Collier County Interactive Growth Model (hereafter referred to as CIGM) Scone of Services An Interactive Growth Model will be developed and implemented for the area lying generally east of CR 951 as well as some areas abutting CR 951 on its west side as depicted on the attached Study Area Map, to: + Accurately forecast the population over time to build -out in the study area + Forecast when and where growth will take place; + Determine if there will be sufficient land uses designated to support the characteristics of the population; + Determine the need for supporting land uses by type and intensity; + Forecast the timing and spacing of supporting facilities such as schools, parks, commercial centers and fire stations; + Train staff on CIGM operations and annual updating; + Provide data for graphic interpretation of CIGM results. Work Tasks* Or,oanization There will be two technical task forces organized to assist and carry out the project. Agenda Item No. 16A2 September 26, 2006 Page 6 of 30 • Comprehensive plans, master plans, PUD's, DRI's, and future land use plans. Available private large -scale development proposals. • Documentation of the County's Capital Improvement Program for water, seiner (if applicable), transportation, recreation and other public services that are relevant to the development of the CIGM. • Identification of elementary, middle, and high school, location and enrollment. The latest school district's five -year school plant progam. Also. the location and size of medical facilities including number of employees. • All available year 2000 U.S. Census for Collier County. The delineation of census blocks. The U.S. Census to develop a delineation of block statistics that could interface with traffic zones for forecasting traffic impacts. The ten -year U.S. Census in the future would serve to assist in the validation and updating of the CIGM. • Any other demographic, economic, or social characteristics that may be relevant or necessary to develop the CIGM. • En- 6ronmentally sensitive land, land held in preservation and public lands. N'Vork product-: A report will be written by the Consultant that will provide an overview of the analysis of data, and identiNing major trends and affects. Also, upon completion of Task 2.0, any minor adjustments to the study area boundaries will be made for the project. Estimate of time to complete Task 2.0 is 2 months Build -out Scenario Task 3.0 The Consultant will develop a build -out model with staff input for the study area to determine the population, its characteristics and its distribution by Traffic Analysis Zones (hereafter TAZ's). Each TAZ will be inventoried using the baseline data template. The build -out scenario will be developed for each TAZ from the following= sources: • Current zoning by land use type and intensity, vested rights and current practices; • Comprehensive Plart, its future land use plan, community's vision and current and future trends as well as stakeholders perceptions; • Parcel property attributes from County data bank; • Simulation models of similar communities. These sources may provide the information and data for several areas. However, due to the large amount of land area that is undeveloped which can result in ambiguity in forecasting possible development at build -out, other approaches may be necessary_ For these areas, it is recommended that the task force convene to develop a consensus on the type and intensity of development for a build -out scenario based on their knowledge and experience.. 3 Agenda Item No. 16A2 September 26, 2006 Page 7 of 30 Another recommendation is to forecast a composite housing density from analyzing similar growth in similar communities and determining their density index. Then, the apportionment of land to meet the needs of the population can be estimated as to type and intensity. Then, a development scheme can be designed. Work product: This task's work product output will be a base map of the study area with the TAZ's overlaying it and a graphic depicting the build-out scenario. The Consultant will provide the data and information for these visuals and GIS will prepare them. Estimate of time to complete Task 3.0 is 3 months. Data Innut for the CIGM Task 4.0 The Consultant will develop the current year baseline data for current development with staff assistance that can be updated annually. Individual cells will be delineated that are coterminous with the TAZ's for the study area. Each cell will be inventoried for current development such as housing unit by type, population characteristics, retail space by building area, and employees, office/ser-6ces, by building area and employees, industrial and wholesale by building area and employees, school plants and enrollment, public parks, and other data considered rc1CVaflt- Upon completion of the cell data. and cell delineation, it will serve is the baseline for the CIGM. This will provide an opportunity to test Collier County's data bank to query land use data. 'I'lle model can be easily updated annually. It could also be used to provide an annual report to the County Commissioner about the current population and development. It is estimated there are approximately 200 TAZ's in the study area. Data will be entered for each TAZ into the computer program for export to the main spreadsheet for processing. Work product: Software application and data input for approximately 200 TAZs for baseline data for export to main Spreadsheet. Task 4.1 The Consultant Will also develop a build-out database with staff assistance from the build-out scenario or model. Similar to the current year baseline database, individual cells will be delineated that are coterminous with the TAZ's for the study area of the County cast of CR 951 and west of CR 951 as depicted on the attached map of the study area boundaries. Each cell will be inventoried for build-out development such as housing unit by type, population characteristics, retail space by building area, and employees, office/services by building area and employees, industrial and wholesale by building area 4 Agenda Item No. 16A2 September 26, 2006 Page 8 of 30 and employees, school plants and enrollment, public parks, and other data considered relevant. Data will be entered for each TAZ into the computer program for export to the main spreadsheet for processing. The database can be updated to reflect the changes in future land uses to produce resultant changes. t►'4'ork product: Software application and data input for approximately 200 TAZs for build out data for export to main spreadsheet. Estimate of time to complete Task 4.0 and 4.1 is 2 months Population Forecast and Schedule for TAZ's Task 5.0 The Consultant will develop a Population Forecasting Model for the study area. From the build -out population, historic population data and the current population, the mathematical equation for the population curve for Collier County will be generated from computer gro,mh models. The population forecast model will be validated by comparing the characteristics of the curve for similar community's documented growth curves. Work product: Deport on population forecast and results in 5 -gear increments and analysis of comparable communities. Task 5.1 The input from Task 5.0 will provide the necessary input data for the development schedule and population forecast for each TAZ for exporting to the main spreadsheet for processing. Criteria will be solicited for the sequential order of development. Work product: Software application and input data for sequential order of development of approximately 200 TAZs for export. Estimate of time to complete Task 5.0 and 5.1 is 3 months Sub- Models Task 6.0 The Consultant, -vkith assistance of staff, will develop a commercial model to determine the demand for retail and office space (neighborhood, community, regional) required as a function of time and population as a result of disposable incomes of the population. This will provide guidelines for the apportionment of future land uses for 5 Agenda Item No. 16A2 September 26, 2006 Page 9 of 30 commercial and office semrices, as well as identifying deficiencies or surpluses of facilities. This model can be updated annually from the data query and build -out model. Work product: Software application for the commercial sub- model. Task 6.1 The Consultant, with assistance from staff, will develop a model to determine the apportionment of land for industrial and wholesale activities to meet fixture needs. This is not a demand model, but a design model, based on community policy for industrial development. This will serve as guidelines for apportionment of future industrial land uses as a function of time and population. This model can be updated annually from the data query. Work product: Software application for the industrial sub -model Task 6.2 The Consultant, with assistance from staff, will develop a school facility model to determine future school plant facilities needs to meet the demand of the population over tithe. The supply model will be based in part on state and local guidelines for school plants by type and enrollment. This model can be updated annually from the school district's data. Work product: Software application for the school plant sub -model Task 6.3 The Consultant, with assistance from staff, will develop an open space model to determine the needs based on current level of service or state standards to develop open space (neighborhood, community, and regional parks), the timing of facilities and their location as a function of population. This model can be updated every five years for scheduled capital improvement programs. Work product: Software application for the open space sub -model Task 6.4 The Consultant, with assistance of staff, will develop a sub -model to determine the need, service area, and spatial distribution of fire stations and EMS stations. Work Products Software application for the fire stationslEMS sub - model. 6 Agenda Item No. 16A2 September 26, 2006 Page 10 of 30 Task 6.5 The Consultant, with assistance from staff will develop a sub -model to determine the need, service areas, and facilities for County law enforcement (Sherif;E'Department) Work product: Software application for the law enforcement facilities sub -model Task 6.6 The Consultant, with assistance from the staff will develop an affordable housing model based on a pro -rata formula of total dwelling units to build -out by five -year increments and location. Work product: Development and results of an affordable housing sub -model Estimate of time to complete 6.1, 6.2, 6.3, 6.4, 6.5 and 6.6 is 6 months Development of the CIGM Task 7.0 The Consultant, with the assistance of staff, will develop the CIGM that forecasts the spatial distribution of the population over time and the apportionment of land uses necessary to meet the needs of the population for the study area. The Consultant, with the assistance of staff . will develop the baseline data for the CIGM. The baseline conditions shall be in tabular form by T.AZ's. That information will be displayed on the most current base map of the County, subdivided into zones consisting of TAZ's. Each zone will be inventoried for existing development in accordance with the most current available parcel data as outlined in Task 4.0. In addition, each zone will be inventoried to document the number of housing units by type, the square footage of building area for commercial and office use, the population and its demographics (age, school age), sen'ices, employees. and the square footage of industrial uses. The baseline conditions will be developed into an interactive computer model in Excel. The next sub -task will be the documentation of the build -out analysis for the study area. The proposed undeveloped future land uses by intensity and type for each zone will be determined from the zoning, land use codes, parcel data, and task force consensus as outlined in Task 4.1. For each zone, the build -out population and its demographics will be calculated for the Population Forecast Model as wJell as housing units by type, commercial and office uses by building area, industrial uses by building area, acres of open space, institutional uses and the number of employees generated. The build -out scenario will also establish the build -out population as the upper limit of the Population Agenda Item No. 16A2 September 26, 2006 Page 11 of 30 Forecast Model. The build-out data will be documented by zones as an interactive computer model in Excel. From the information derived from the foregoing, a computer model will be developed that is population driven, and is based on the Population Forecast Model and interfaces with the sub-models developed to calculate the needs and demands of the population for f housing units, commercial and services (in building square footage }, 00 ge), industrial building square footage, recreation uses in acres, school plants and institutional uses. In order to determine the spatial distribution of population growth and their needs, the location of water and sewer lines if applicable), GIS will superimpose them over the base map with the block groups delineated. Growth generators such as water and sewer mains, collectors, major and minor arterial roadways, as well as the characteristics and location of current development, will be inventoried to develop gravity models, biological models and coefficients for the spatial distribution of growth, over time, to build-out. The spatial distribution of growth will be documented by five -year increments to build-out for each zone in the Excel Computer model. Data from the CIGM can be used to provide data for the traffic forecast and for planning. The computer model will be provided in electronic format for use by County staff. Upon completion of the development of the CIGM, conceptual utilities master plan scenario will be developed based on the spatial distribution of the population, timing sequence of development and other conventional approaches. Work product: Integration of data input, sub-models, population forecast, growth =1 coefficients and processing for the development and software applications for the completion of the CIGM. Estimate of time to complete Task 7.0 is 3 months, Nfeetines Task 8.0 Based on an estimate of 18 months to complete the project, there will be 18 staff task force meetings and 6 technical task force meetings. (See attached proposed time schedule). Work product: see Task 1.0 and 1.1 Maintenance or the CIGM 8 Agenda Item No. 16A2 September 26, 2006 Page 12 of 30 Task 9.0 The Consultant will review the OGM's operations with the staff so that they will have a working knowledge for its update and use. The Consultant, with the assistance of staff, will develop the required systems for annual maintenance and updating of the CIGM_ Work product. Draft operational manual and hands -on instructions for operations. Estimate of time to complete Task 9.0 is 1 month Schedule of Services and Fees The Consultant agrees to perform the services outlined under the Scope of Services for the study area for the lump sum fee of $200,000, (,Two - hundred thousand dollars). which includes expenses, and will be billed monthly on a percent complete basis. upon written notice to proceed, the Consultant will complete the work described within l8 months unless amended by mutual consent. Final Report The Consultant will provide the County with 25 bound copies of the final report and also a CD of the report that will allow the County to reprint as many copies of the final report as it wishes. The Consultant N ill also present a PowerPoint presentation of the findinv`s of the study to the Board of County Commissioners. Work product: 25 bound copies of the final report,. CD and presentation 9 N Cfl 0 d CD C') C < "`y O co EOD f6 = C � C6 R -o a c m am U) m d m m m E U c 0 U a� a U �r NO,. W `A • • LO N s�sn I � � ' • T I • o f • • rn • co • to •� N 3 E CA N cc 0 'C O IN �¢ I> cc 0 O ca c p. a m ' 1.n o !V ;� ; � I !a- .� �� N � .o I.�^' . 0 > CD IN � (D � . p N � o o iv 0 �? ,- 1 CV C') ! to to r h Go U} i '� C,4 (.0 C) C.0 C) C'4 c Z E a) = EO cc C: (D a) Cl) CO O O It U—j aj Li Mu > 0 < Agenda Item No. 16A2 September 26, 2006 Page 15 of 30 EXECUTIVE SUMMARY Recommend the Board of County Commissioners waive the Request for Proposal process and authorize the Single Source., purchase of the Van Buskirk, Ryffel & Associates CAnteractive Growth Model 'm for the east of County Road 951 Infrastructure and Services Horizon Studv OBJECTIVE. Staff is requesting that the Board review staffs findings and recommendation regardini4 waiving the requirement for the request for proposal process and authorize the single source purchase of'Van Buskirk-, Ryffel & Associates' CInteractive Growth Model' The trademarked commodity is designed to improve Collier County's population forecast methods and establish a growth modeling method which better manages growth and development, particularly the amount and distribution of land uses and public services east of County Road 951/Collier Boulevard. The Board authorization of single source purchases is contained within Resolution No, 97-435, which establishes the criteria for single source purchases when a commodity meets the following conditions.- 1. The item(s) is the only one available that can perform the intended function(s); 2. The recommended vendoricontractoris the only one ready, willing and able to meet the County's requirement. CONSIDERATION: On May 24, 2006 the Board of County Commissioners (BCC) was presented the preliminary report of the East of County Road 951 Infrastructure and Services Horizon Study, (Study). The preliminary report was the identification of three levels of service options for public infrastructure and service outlays for the area east of CR95 1, During the presentation, the BCC provided staff with the direction to incorporate a land use model to the Study. This Executive Summary is the manifestation of that directive. The Study area is approximately 1,210,618 acres, with six distinct districts comprising that total. These districts are the Golden Gate Estates north of 1-75 (51,200 acres), the Rural Fringe Mixed Use District (,93.600 acres), the Rural Lands Stewardship Area (195,846 acres), the Immokalee Urbanized Area (16,992 acres), the South Golden Gate Estates Natural Resources Protection Area (NRPA) (16,992 acres), and Federal and State Lands (821,620 acres), Each of these respective districts contains specific regulations as to the manner, intensity and type of development permitted. The 2005 Build-Out Study, compiled by the Comprehensive Planning Department, has projected a population of 688,489 for the Study area, which currently has a population estimated at 71,000. With the unique characteristics of the six subdistficts that comprise the arm combined with the number of residents projected for the future, capital infrastructure and public service decisions will shape the sustainability of the future development and the efficiency in which that infrastructure and public services are provided. To better gauge the timing and the manner in which the area will develop and the necessary decisions related to public EXHIBIT B Agenda Item No. 16A2 September 26, 2006 Page 16 of 30 capital outlays for that development, as noted, the BCC directed Staff to incorporate a land use component to the Study. In researching the various firms which provide land use studies to municipalities and counties, Staff has identified, Van Buskirk, Ryffel and Associates, as the only firm whose trademarked product, the 0-Interactive Growth ModelrN', will provide the type of modeling needed to satisfy the questions related to the future growth in the Study area. Van Buskirk, Ryffel & Associates has developed a copyrighted planning technology that has proven effective in dealing with these growth management situations. This planning firm is the sole provider of this specialized modeling application, along with the necessary staff training, professional support and eventual proprietary licensing. Staff has researched various vendors and other sources and has determined that the 'Van Buskirk, Ryffel R Associates product and service is a unique planning model and the only one in the United States that is capable of meeting the County's requirements. Therefore, the two criteria for a single source purchase have been satisfied as the Interactive Growth Model is the only item available that can perform the intended function and Van Buskirk, Ryffel & .Associates is the only planning consultant in the United States ready, willing and capable of meeting, the County's objective requirements for integrating an interactive growth model into the County's long range planning process. A full explanation can be found in the Single Source Justification Memo dated April 25, 2006, attached hereto and made part of this Executive Summary (EXHIBIT A). The proposed project consists of developing, testimg, and implementing a population forecasting model for accurate forecasting in five -year increments to build -out, then designing, developing and implementing a Collier County Growth Model " "' (hereafter CIGM) to forecast when and where growth will take place, the apportionment of land uses to meet the needs of the population, the characteristics of the population and as a tool for a comprehensive growth mana =ement strategy for the entire area of the County east of CR 951. Specific tasks to be performed consist of organizing a County Staff work group for the development and implementation of the CIGM- working, with County staff to identify, collect and inventory all available data necessary to develop and implement models, sub - models and the C1GM; developing and depicting a model for current development that can be updated annually; developing a build -out model to determine the population, and its characteristics and its distribution by Transportation .Analysis Zones (T,AZ); developing a population forecasting model for the study area east of CR 951; developing a commercial model with the assistance of Countv staff to determine the demand for retail space and office space (neighborhood, community, regional) required as a function of time and population; developing a model with the assistance of County staff to determine the apportionment of land for industrial and wholesale activities to meet future needs; developing a school facility model with the assistance of County staff to determine future school plant facilities to meet the needs of the population over time; developing an open space model with the assistance of County staff to determine the needs based on current level of service or state standards to develop open spaces (neighborhood, community, regional parks), the timing of facilities and their location; developing a sub - model with the assistance of County staff to determine the need, service area, timing and Agenda Item No. 16A2 September 26, 2006 Page 17 of 30 spatial distribution of fire stations; developing the CIGM with the assistance of County staff that forecasts the spatial distribution over time and the apportionment of land uses necessary to meet the needs of the population, and, reviewing the CIGM's operations with County staff so that the staff will have a working, knowledge for its maintenance, update and use. Van Buskirk, Ryffel & Associates has given the County a preliminary proposal of $175,000 for providing the County with the Collier County Interactive Growth Model. This amount is a preliminary figure subject to negotiation contingent on the magnitude and scope of public participation in the final contract. FISCAL IMPACT: Funding in the amount of $200,000 is budgeted for this product and services in Fiscal Year 2006 in the Comprehensive Planning Department Fund Center 13583 17. Source of the funds is Ad Valorem Taxes. GROWTH MANAGEMENT IMPACT: There are numerous Growth ManaLenient Impacts associated with the Collier County Interactive Growth Model. The primary function is to identify land use issues before they become harder-to-solve problems. The CIGM can help ensure that the right parcels are available to meet the current and future demands for neighborhood, community, and regional shopping centers. This is a smart growth concept associated with sustainable development, which was the focus of the County's Community Character Plan, Toward Better Places. One of the fundamental aspects of smart Growth and sustainable development is that people should not have to travel great distances outside their neighborhoods in order to shop. To do otherwise increases demands on roadways, the infrastructure, and travel costs. It is anticipated that the CIGM will be utilized by staff to ensure that the various subsets of land uses necessary for the County to maintain a healthy sustainable economy is provided for within the future development for the East of CR951 study area and through this monitoring the Board can make appropriate demands upon petitions for future development as well as policy decisions that will guide that development. Another major function of the CIGM is better management of appropriations in future fiscal years, The CIGM can be used to pace the timing and identify advantageous locations for expenditures and acquisitions of land for parks, water and sewer facilities, fire stations and so forth — giving opportunity s e o giving Collier County the oppo unity to use their resources for the maximum benefit of its citizens. The CIGM will function as a manauement tool to assist in the update of the Annual Update and Inventory Report (AGAR} and Capital Improvement Element (CIE) of the Growth Management Plan. As the population increases east of CR 9-51, the CIGM will formulate recommended Growth Management Plan amendments, in the Golden Gate Area Master Plan as well as the Future Land Use Element. I Agenda Item No. 16A2 September 26, 2006 Page 18 of 30 A major growth management advantage is gained in the use of the CIGM, as its GIS- based system gives the Countv a true Management Information System (MIS). The C1GM will support the County's transition from having to react to the demands of growth, to a proactive stance - giving the County a realistic opportunity to plan and prepare for development before its impacts occur - both physically and fiscally. RECO VIMENDATi4N: That the Board of County Commissioners waive the Request for Proposal process and authorize the single source purchase of the Otnteractive Growth Model " from Van Buskirk, Rvffel £s', Associates for the East of County Road 951 Infrastructure and Services Horizon Study. Prepared by: Mike Bosi, AJCP, Principal Planner, Comprehensive Planning Department 11: i Agenda Item No. 16A2 September 26, 2006 June 20j1BTe 1 lf )PO I )N COMMISSIONER FIALA: Aye. CHAIRMAN HALAS: Opposed, by like sign. (No response.) CHAIRMAN HALAS: We'll take a 1 4- minute break for our court reporter. We'll be back here at 10:43, please. (Recess.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mic. CHAIRMAN HALAS: Thank you very much, County Manager. And we're MR. MUDD: The next item is -- I'm sorry. CHAIRMAN HALAS: We're back from recess. Item 41 OR REVIEW OF STAFF'S FINDINGS AND RECOMMENDATION REGARDING WAIVING THE REQUIREMENT FOR THE REQUEST FOR PROPOSAL PROCESS AND AUTHORIZE THE SINGLE SOURCE PURCHASE OF VAN BUSKIRK, RYFFEL & ASSOCIATES INTERACTIVE GROWTH MODFLTM, AT AN ESTIMATED COST OF $175.000 —APPROVED MR. MUDD: Yes, sir. The next item is I OR. It used to be 16A6. Staff is recommending that the Board review statTs findings and recommendations regarding waiving the requirement for the request for proposal process and authorize the Single Source purchase of Van Buskirk, Ryff-el and Associates, which has the Interactive Growth Model, the ITM, at an estimated cost of $175,000. And your Director of Comprehensive Planning will present. CHAIRMAN HALAS: Commissioner Fiala, could you state why Agenda Item No. 16A2 September 26, 2006 Juiie 20211? �M?P COMMISSIONER FIALA: Oh. sure, I can just tell you. I thought it was great, I read everylhing in here. But I think that some -- as I read. and I tried to read this very clearly, it's important that we give them input. And I didn't see any kind of affordable housing that was mentioned in here. And I think it's important that when we're planning this comi-nunity that we mention affordable housing and what we need necessary to sustain nearly 700,000 people, new residents and more of them in that area. I think, that's essential when we do that. And it unctions a lot of other things. Also, there's -- they were talking about shopping and everything, and they didn't want people to go a great distance, but -- and that's good. I know I'm just equating to the people that are in Golden Gate Estates and right now they have to drive for an awfully long way to go shopping. So I was hoping that this input could be given to them as well. MR. C014EN: If you recall, Commissioner, at the -- I believe it's the May 24th, 2006 BCC workshop with respect to east of County Road 951, Mr. Van Buskirk was here. And one of the things that the model showed was when population started to increase in various areas; it would show a respective need for commercial space in certain areas of the County as well to address those needs to shorten trip lengths. With respect to affordable housing and your concern there, obviously the model itself as designed does not really address affordable housing, but what we can do is ask them to incorporate into one of the modules an affordable housing component that probably mirrors our LDC requirement for affordable housing, which would address when they get to certain many units how many affordable housing units would be necessary with that corresponding growth. And we can ask them to do that. COMMISSIONER FIALA: Right. And as long as you're doing that you know, figure out what kind of growth. You know, if you're going to be having growth in school areas and so forth, you know, you Page 299 Agenda Item No. 16A2 September 26, 2006 June 20?,4e ZFI(X)?P , .6- need to build housing to accommodate that. If you -- or the commercial, accommodate -- you know, affordable housing to accommodate that. I think that it's essential that if they have a plan put together and being that they have -- you know, we're buying this, it sounds like a great study, but as I was just talking to the EDC people, you know, you can't plan for farm workers when you're in -- you know, when you're in an area that doesn't have farm workers. Make sure that you plan for the type of housing that people will need to work in these places. MR. COHEN: And the way the model's designed, it's designed to -- there's two components, one being a population component, obviously, which is based on our existing TA -s, and which we'll be updating on a regular basis. And that will allow us to know where the growth is going and where that type of housing will be necessary. And the other component being the Interactive Growth Model component which will actually show when certain needs, whether they be commercial, industrial, office are necessary. So I believe it will address all your concerns. COMMISSIONER FIALA: Great. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: What's your name'? MR. MUDD: Mr. Randy Cohen is your Director of Comprehensive Planning for Community Development, Environmental Services. COMMISSIONER HENNING: Hi. MR. COHEN: Hi, Commissioner. COMMISSIONER HENNING: We just updated the Golden Gate Area Master Plan. And what this is saying is it's going, to make recommendations for comprehensive changes. MR. COHEN: Alell, what this will look at is -- this is a planning tool, Cornniissioner, to assess various needs out in east of County Road 951. Page 300 Agenda Item No. 16A2 September 26, 2006 Rine 20-f2,$e �.M& When population growth occurs what it will do is it will actually forecast needs with respect to commercial needs, industrial needs, transportation needs, public utility needs and other needs as well, too, schools, sheriff. And identify potential areas where those potential needs could be addressed. General location, per se. I know we talk about Golden Gate Estates in the Master Plan which identifies some very small commercial areas which are approximately five acres in size. Obviously the amount of development that's going to occur east of 951 is going to require land uses that are of a larger magnitude than five acres in size to shorten trip length with regard to certain items like commercial development, as well as industrial development. And this model Nvill act as a planning too] to assist you in your development approval process, and also to allow you to make informed decisions with regard to, well, when this population increases out there. what's a rational method of actually doing a GMP amendment for example, to maybe put an activity center in a certain level so we can shorten those trip lengths for that population that develops out there. When's a rational time to expect a fire station or an EMS station to be built in a certain area? When should we bn'ncF our parks on line. or libraries and the like? So it's a too] to assist you in making an informed decision, as well as to assist the staff in actually bringing forth recommendations based on, you know, a sound planning mechanism. That's one of a kind in the nation that's proven to be very effective in various municipalities throughout the United States. COMMISSIONER HENNING: That's the same thing they done on the Master Plan Study. Transportation came in there. I mean, a lot of those things were addressed. And I'll tell you, my thought when we adopted that it's not going to be enough commercial needs. So basically what you're saying is you want to revamp the Golden Gate Area Master Plan. Page 301 Agenda Item No. 16A2 September 26, 2006 June 2012ite 2406) MR. COHEN: I think what will happen as part of this process, the area out in Golden Gate east of 951 will be looked at from the perspective of what type of development is necessary to support which we know is obvious impending residential development in the area. Because if you look at the overall development scheme in our Growth Management Plan, there's really not identifiable commercial industrial property in that particular area.. COMMISSIONER HENNING: Yeah_ we're saving the same thing. MR. COVEN: But in a larger scale, Commissioner. COMMISSIONER HENNING: Well, do you know the person,` this company? MR. COHEN: Mr. Van Buskirk and Mr. Ryffel came before you at the May 24th, 2006 workshop. I don't know if you recall the presentation Mr. Van Buskirk made, which was the computer simulation that would show when certain things would come on line as population occurred. I believe he used the City of Cape Coral as an example. Or this board, when they showed the development of Cape Coral to build -out and when their fire stations would come on board, when the commercial nodes would come on board, as well as schools and other items. Do I know Mr. Van Buskirk? I know him now, yes, sir. COMMISSIONER HENNING: Okay. You didn't know him before? MR. COHEN: No, sir. I was familiar with the planning article that was written in 2003, as well as presentations before the American Planning Association, also the Florida Chapter, which was very well received nationwide. COMMISSIONER HENNING: Thank you. MR. C01 EN: You're welcome. CHAIRMAN HALAS: Commissioner Coletta? Page 302 Agenda Item No. 16A2 SeVmber 26, 2006 June0-F%te24NO - COMMISSIONER COLETTA: I think we're going in the right direction with this. We take the Master Plans that are already existing and we have to -- the problem with the Master Plans is they're inclusive only for that particular area they represent. We have such a large expanse of area out there that if we can't make the fill -in- the - blanks between them and find out where the resources are, such as, you know, we're talking about commercial in the Estates, where it's going to go. In going some cases when you get out to the far edges, it's really not going to be necessary. We're going to have tremendous commercial in Ave Maria, we're going to have a great amount of commercial around Orangetree. And this has to be figured into the whole equation when you start to work it out, and this is the reason for it. As far as the affordable housing element this Commission has done amazingly in putting together the rural lands and the fringe area and the requirements for building there. And they've been quite inclusive. So a lot of the new development that's going to go out there is going to require the elements of affordable housing that we so desperately need in this County. But I'm sure this plan Neill take that fiito effect. And what is missing and where it needs to be and locations of it in relation to The work centers and the shopping areas. I see Commissioner Fiala's light on so I'll let her make the motion. COMMISSIONER FIALA: And that's all I wanted to assure was that as we plan for these industrial and commercial areas which are desperately needed out there, we also have housing to accommodate the xvorkforce that can make them function. And so with that motion, I make a motion to approve this number eight -- COMMISSIONER COLETTA: I'll second that. CHAIRMAN HALAS: I'll second that. COMMISSIONER FIALA: -- 16A6. Page 303 Agenda Item No. 16A2 September 26, 2006 Tune 20-'21be 20060 CHAIRMAN HALAS: We've got a motion on the floor by Commissioner Fiala, seconded by Commissioner Coletta in regards to this item which is estimated cost of $17,000 for this computer model All those in favor, signify by saying -- COMMISSIONER HENNING: Question. CHAIRMAN HALAS: -- aye. w COMMISSIONER HENNING: Discussion. CHAIRMAN HALAS: Is there any discussion? COMMISSIONER HENNING: Yes. Can we set a policy to where we're not keeping studying the same thing over and over? Sincerely, just two years ago we adopted the Golden Gate Area Master Plan -- CHAIRMAN HALAS: Well, I think what we're having -- COMMISSIONER HENNING: -- and now we're restudying this. CHAIRMAN HALAS: -- here, Commissioner, if I can intervene here. I believe what we have here is that we have new technologies that continually come on- line. And if it's stuff that' s going to affect the way that we're going to address growth. I think anything that's new and if it's proven, I think that we need to move in that direction, sir. COMMISSIONER HENNING: So you don't want to set a policy to set parameters about studying the same thing? COMMISSIONER FIALA: Well, actually, this was all about single source purchases for this -- CHAIRMAN HALAS: We did have a workshop and we looked at this. I think you were present at this workshop. And we approved at the workshop to go ahead with this model because we felt that it was one of the tools that we needed to address growth with. COMMISSIONER HENNING: You don't want to answer the question. CHAIRMAN HALAS: I think we did answer the direction at the workshop. That's why we gave direction to bring this on the Board of County Commissioners, sir. Paae 304 Agenda Item No. 16A2 September 26, 2006 -tune MINT 2AM6 COMMISSIONER HENNING: Okay, what I'm saying is, can we set a policy, give direction to set policy so we don't study the same thing over and over again. CHAIRMAN HALAS: I don't think we're studying the same thing over and over. COMMISSIONER HENNING: So you don't want to answer the question. CHAIRMAN HALAS: IT call the question. All those in favor, signify by saying aye. COMMISSIONER COLETTA: Ave. CHAIRMAN HALAS: Ave. COMMISSIONER FIALA: Aye. CHAIRMAN HALAS: Opposed by like sign. COMMISSIONER HENNING: Aye. MR. COHEN: Thank- vou, Commissioners. Then what we will do is we'll contact the consultant and let them know to incorporate in affordable housing element into that module. CHAIRMAN HALAS: Thank you very much. MR. COHEN: Thank you. Item #10 S CHANGE ORDER 411 TO CONTRACT NO. 97-2715 WITH ABB, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES RELATED TO PORTIONS OF PHASE 11 OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT (LASIP) CONSTRUCTION, IN TINE AMOUNT OF $x-13,400, AND TO APPROVE INCREASING THE HOURLY RATES OF 97-2715, PROJECT #51101 — APPROVED MR. MUDD: Commissioner, that brings us to our next item which is I OS. It used to be 16137. And it reads, a recommendation to Paae 305 Agenda Item No. 16A2 September 26, 2006 Page 27 of 30 EXHIBIT A Memorandum Date; 25 April 06 To: Mitre Hauer Acquisition Manager Collier County Purchasing Department From: Corby' Schmidt, Senior Plnnner Collier County Comprehensive Planning Department subj 1xierwtim Growth Model A C - ompmbensipr Plann*g, Prodiwt and Service Single Swynz Pwrharejw_qipw xer; This memorandum presents the rationale for justifying approval rd a single source purchase of both commodity wid servi=. This mern orandLIM is Supplemental to and modifies the original justification memo dared April 1.2 and the follow-up answers to Brenda Brilhart's inquiry of April 19. Collier County presently cmploys a population forecasting method characterized as traditional strait line populwion projections. -17his accepted methodology has been sufficient until recently, when the County's (N-5 Residential Build -out Stud, projectrtcl a build-nut scenario, but did not forecast its timing. ne study indicattd xhx build-out conditions would be, notahen they would occur- The mmulLs of the Build-out Study underscored the need for Collier County to develop a more effecth,e method to keep pace with our extraordinary growth. An improved approach is needed to link population growth with capital infrastructure expenditures, while balancing the growing demand for public services with limited tox doll= available. Planning products and services are available that have been develope =d by professional planning cO,-n,-;uh2ntS capable Of meeting Cc;T= County's needs. Initial and follow-up internet searches for these phming prnrhart% and -4rnices returned three comparable products, as follow: - A web-based planning model developed by the Applied Geography Labomtory, Department of Geography at Kent Sate University known as the Urban Grou)!h Jrm&Zz%,r. This product allows users to select from a number of options for growth management when generating build-out scenarios. Shortcomings: It is an unavailable product, using data exclusive to a 15-county region in northeast Ohio. - A population and growth simulation model developed by the \faxicupit Asso mition of Gtmernments, a 24 -city MI PO in Arizona, kn(--)wn as the Sub-.4tra Alloraiion Model This - I - Agenda Item No. 16A2 September 26, 2006 Page 28 of 30 product simulates bath short -tern and ling -term urbanization of a region by reacting to any set of factors and conditions the user -,isbes to express. Shortcomings: Also unavailable — developed and intended for use only by MPO members in and near Phoenix, N:izona. - A population and grow=th modeling methodology developed by the planning consulting firm of Van Buskirk, Ryffel & Associates (VBRA), based in southwest Florida, known as the t� nterar6m Gmzvtk Mode,". 'Iliss planning methodology is available to Collier County. Its population -based modeling program combines a highly specialized forecast -to -build -out method with various modeling components {public se.Mces and commercial uses especially) to spatially distribute future land uses and allocate spending. This combination of applied mathematical capabilities and allocation modeling makes this product unique. The (01rntrrw,6Yr Gnw4b Mrdr?" appears to meet Collier County's needs that cannot be met by staff alone or other outside sources. features of the 0irteradive Growth 14Ir; "' (IGM) were studied fstrther to determine how well it fits Collier County's needs. These findiap are summarizer) below: The Jkxczzrnd needs of Collies Counts are met by the Iran Buskirk, Ryffel S Associates' IGM. Local adaptability, staff training and involvement, plus ongoing update- ability are key features. The combination of Excel and ArcView enables County staff to produce maps easily understood by the public The County's quali a ive needs are met by the IGA[ This product is immediately useful Other jurisdictions using the IGM are affectively incorporating it into their planning policies and budgeting decisions. The City of Cape Coral recently} moved ro establish an identifiable commercial center based on their use of IG.'t commercial land use allocation component: Inco:poratiag the IGM into Collier County's planning efforts places us on fern statutory ground. Other governmental jurisdictions' are using the 7GM for cotnprchcnsive planning purposes_ Bringing it into their decision .m king processes has received no negative_ feedback from the Florida Department of Community Affairs (INCA). A change in population methodology as set forth in the Capital Improvement Element and Future Land Use Element may require a Growth - Management Plan Amendment — ahicEi trust be explained and supported be data and analysis — including the Vlnteraefim Gran 1b AfodcP The County's pmpnetatg needs are met by the JGAl. The consultants create a model which is unique to each of its customers. For exzmple, the Cape Coral IG-M is different from the Lehigh Acres IGM The Collier County model would he different from theirs. Because the growth model is truly interactive, it becomes more unique in use to each juni diction over time. It is responsive to chaniug conditions such as local and regional expansions and contractions. Plus, it can be used to demonstrate various "What If' scenarios of alternative growth management policies and decisions. The consulting fiun of Van Buskirk:, Ry ff -1 & ,associates provides the Ievel of responsiveness necessary for a successful project They collect the necessary data, train dedicated staff people, and meet on-site on a regular basis to gauge and adjust project details to ensure project effectiveness. Tbeir firm's location in the Ft. Myers area affords a comfortable level of accessibility-. -2- Agenda Item No. 16A2 September 26, 2006 Page 29 of 30 So unique is the IGM that it has obtained a copyright and its name is a trademark. No other source provides this kind of product - nor could they by limitations found in law. Yet it is this very type of product Collier County needs to implement for its planning and budgeting efforts, in relation to the East of 951 Horizon Snaidy. The County has adopted goals and objectives which will require a planning resource responsive to the unique development occurring in the study arm The Van Busldrk, Ryffel & Associates Ololeraethe Gmwih Model' (IGM) is the most desirable planning model for Collier County. Its population-based modeling program combines highly specialized forecast-to-build-out projections with various modeling components (the Commercial Allocation Model particularly) to spatially distribute future land uses. It is this combination of mathematical capabilities and allocation modeling that makes this product particularly useful east of Rout-- 951. The IGM incorporates factors drawn &orn the very elements comprising the Collier County Growth Management Plan - particularly those found in the Capital Improvement Element - and the Ammud Update and Inventory Report (AUIR). Typical inputs to the model include the comprehensive plan, current land use and zoning, the future land use map, parks master plan, transportation and utilities master plans, schools, GIS information and census data. In all, some 50 variables are considered with the results displayed in graphic and tabular formats. The model projects when certain public facilities should be provided - including transportation improvements, fire and ELMS stations, water and sewer plants, and so forth - and a6m they should be located. The model also ranks as an invaluable budgeting tool, as spending is anticipated for these public facilities at the pace development occurs - concurrent with market fluctuations. This real time ability to change planning scenarios to affect budgeting decisions, and to change spending scenarios to affect planning decisions, are precisely the features needed for Collier County. No other population forecasting models function with links to capital improvement and infrastructure needs and scheduling. Features of the C)Tntemaitv Growth Mv&1N include a forecasting methodology which is proven to be highly accurate at estimating build-out population, as well as spatial distribution of various land uses. The 1CJ11 is able to accommodate "seasonal" and -peak!' populations by factoring in variables, including but not limited to utility demands. The Untera-fim Gmwth Model' is the only comprehensive planning model available able to properly perform the necessary functions; and Van Buskirk, Ryffcl & Associates is the only vendor who is ready, willing and able to meet the County's requitr-ment.s. Sources contacted or referenced to arrive at the iinglc source determination include.: 1. Product endorsements from previous and current V13RA customers verifying their improved planning abilities are attributable to the Qlxfera tv GmxWbModeP. 2- A Smart Growth Apploacb to Commercial Develppmen an article appearing in the November 2004 PLA� ING magazine, published by the American Planing Association. 3. Population Model to Forecast Population Growth of Lcbjgb Acres Over Time to Build- Out, an application of the OInteractive Growth Model within our region, April 2004. -3- Agenda Item No. 16A2 September 26, 2006 Page 30 of 30 4. Smart T—onL an article appearing in the July 2003 PL.- NNN"TN G magazine .SPedd Is.we on Technology, published by the American planning ,Association, calls this a "first-of-its-kind interactive growth model ". 5. Scopes of service documents from precious V"BKA customers Cape Coral and Lee County, Florida as wc€I as Southampton, New York were examined These reference sources further reveal and highlight how the Van Buskirk, Ryffel & Asscxiates product is not available from other planning firms. The principals of this firm have given presentations before the American Planning Association (APA) at their National Conference, and at the Florida Chapter AP A Conference, describing the (01nZemane Groxtb ModeP. The nationwide and state recognition of the e-Vntermlire Grnuth WodeP is indicative of a planning product that is only offered by one planning consultant in the united States. The product offered by Van Buskirk, Ryffel & Associates and the services they offer are both unique and proprietary. They are justifiably the single source for providing these products and services. The basic terms and conditions of this purchase include the expected cost of $175K to produce and provide a deliverable product and associated services to be completed within twelve months from the time of contract approval. Customers who have used Van Buskirk. Ryffel & Associates' services hare hired the--n to perform a Variety of planning services, from simple population forecasts to full- itmplementirg the CInter=6m Grvivth hlo:ael"m in their jurisdictions. It is ccmnionplace to find a Planning consultant such as 'Fart Buskirk, t ^tc ffei &Associates offering a VVacle range of sen-ices to customers. This range of professional services from the simple and n)utine to the complex and involved means that customers have, and will see costs vary proportionately. For e tple, some of Van Busldrk, Rvffel & Associates' prior clients only contracted for titre population module which would be considered simple and routine. The '0Intrra4rhe Grnu,,b _4�r�dci�i is the most expensive component and the ultirmate necessary final product for the East of 951 Horizon ` q dr. This firm has spent time in Collier County presenting their product and services, and Ls now prepared to begin providing their services at an earliest convenient time. Joseph Schmirt, Division Administrator, Community Development and Environmental Services Randy C;ohea A1CP, D rector, Comprehensive Plar_ning Department Agenda Item No. 16A3 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Del Webb at Ave Maria — Phase One ", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Del Webb at Ave Maria — Phase One ", a subdivision of lands located in Section 8, Township 48 South, Range 29 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199, CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Del Webb at Ave Maria — Phase One ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Del Webb at Ave Maria — Phase One" be approved for recording. FISCAL IMPACT: The project cost is $3,514,500.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $1,500,000.00 b) Drainage, Paving, Grading - $2,014,500.00 The Security amount, equal to 110% of the project cost, is $3,865,950.00 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: $64,135.00 Agenda Item No. 16A3 September 26, 2006 Fees are based on a construction estimate of $2,014,500.00 (does not ind9n d Maria Utilities) and were paid in November, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 3,700.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ n/a C) Drainage, Paving, Grading (.75% const. est.) - $15,108.75 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ n/a e) Drainage, Paving, Grading (2.25 %const.est.) - $45,326.25 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL /ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Del Webb at Ave Maria — Phase One" for recording with the following stipulations: 1. Approve the amount of $3,865,950.00 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No, 16A3 September 26, 2006 Page 3 of 4 Approved By COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A3 Item Summary: Recommendation to approve for recording the final plat of Del Webb at Ave Maria Phase One, approval of the standard form Construction and Maintenance Agreement and approval Community Development & of the amount of the performance security. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Approved By John Houldaworth Senior Engineer Date Community Development 8 Engineering Services 8/2912006 1:24:17 PM Environmental Services County Manager's Office Approved By 9/13/2006 8:09 AM Constance A. Johnson Operations Analyst Date Community Development & Community Development & 91312006 2:13 PM Environmental Services Environmental Services Admin. Approved By Office of Management & Budget Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development 8 CDES Engineering Services 91512006 4:45 PM Environmental Services Application Analyst Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 919/2006 4:25 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget - 9/13/2006 8:09 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9114!2006 3:38 PM Approved By Simon Cleveland Application Analyst Date Administrative Services Information Technology 9/1412006 5:00 PM M C4 V r—O o 0 z° N 0) —M �(3)a- m� aD o�"' ez — as Ovoa SIV3H dYWO o °a a 0 w 3 O �y0P9 J Y O � g GALS S30YI08 n3 0 0 LLJ Q O IL C! S! m w 0 z w Q O MEx`�0 Q W C,�w■ _I CL Q Tr IL t W Q Q m m 0 m in m m ^ ^ o N fp ^ ^ Z W 0 m m Q Of co U O J a ez — as Ovoa SIV3H dYWO o °a a 0 w 3 O �y0P9 J Y O � g GALS S30YI08 n3 0 0 LLJ Q O IL C! S! m w 0 z w Q O MEx`�0 Q W C,�w■ _I CL Q Tr IL t W Q Q m m 0 Agenda Item No. 16A4 September 26, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award Bid #06 -4026 "Fencing Installation for The Railhead Scrub and Watkins /Jones Preserves" to Sunrise Fence and Construction Co. of S.W. Florida, Inc. in the amount of $31,758.80. OBJECTIVE: To protect The Railhead Scrub and Watkins /Jones Preserves from unauthorized access by installing field fencing. CONSIDERATIONS: • The Conservation Collier Program includes funds for management of preserves. • On July 20, 2006 the Purchasing Department sent notices to 40 vendors for Fencing Installation for The Railhead Scrub and Watkins /Jones Preserves. There were eleven (11) packages requested for this bid. • On August 11, 2006 at 2:30 p.m. bids were opened, and staff reviewed the bid tabulations. Bidding Companies Kate's EnvironFencing Sunrise Fence T &M Lawn Tri- County Fencing Total Bid $36,596.05 $31,758.80 $41,937.75 $36,635.00 • Staff recommends award of this bid to Sunrise Fence and Construction Co. of SW FL, Inc. as the lowest, qualified, and responsive bidder. FISCAL IMPACT: The total award amount needed to open a purchase order with Sunrise Fence and Construction Co. of S.W. Florida., Inc. is $31,758.80. Funds are available in the Conservation Collier Management Fund (174). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: Approval of this bid award conforms to the County's purchasing policy procedures. RECOMMENDATION: That the Board award Bid #06 -4026, "Fencing Installation for The Railhead Scrub and Watkins /Jones Preserves" to Sunrise Fence and Construction Co. of SW FL, Inc. Prepared BY: Melissa Hennig, Environmental Specialist, Environmental Services Department Attachments: Bid #06 -4026 Tabulation Agenda item No. 16A4 September 26, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A4 Item Summary: Recommendation to award Bid #06.4026 Fencing Installation for The Railhead Scrub and Watkins/Jones Preserves to Sunrise Fence and Construction Co. of S.W. Florida, Inc. in the amount of S31,758.80. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Melissa Hennig Environmental Specialist Date Community Development & Environmental Services 8129/2006 2:23:24 PM Environmental Services Approved By William D. Lorenz, Jr.. P.E. Environmental Services Director Date Community Development & Environmental Services 91712006 10:00 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 9/1212006 3:38 PM Environmental Services Environmental Services Admin. Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 911312008 9:05 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1312006 10:01 AM Approved By -� Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 911512006 8:48 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 91151200611:15 AM Commissioners > > .y O N Q Z N in E �� tD N m r- � nZ o c C 0 C tm QY L U LL C L fn a N a> n- a m C O U. 3 m C 47 Y .0 � � r O 3 N C O H U ❑_ -00 R U. m�Q Y> 0 LU C O cu m C O> C �U C CU LL QI c C c N 2 E O 0 N 9 t CO G .a+ O U n- ❑ 0 0 0 m m a ❑ ❑ sf o o O 0 0 o r m D M a) M o I J CD to N co co tp M N cn ° O i i o 69. G4 64 O In O tl) w M J coo uN> ! H It V- in N Z N o Cl) It 0 0 >- �- i i 0 64 64 69 N LO L'7 Cp In a) c C J L N � v co C14 M Cl) 0 0 Z 0 0 0 LO t!') Q M Cl) Q CAD Oi Uj O Cn ❑ fn O M °' M Z CO > U) m Z 6`i 6% b4 a) s z Z N CD O Ol ~ •U (n 0 -a 0 U C O C U U E m ll m O E �+ N LL ~ cn a) n E Z O d 0 C Cl) 2 E c o o LL ❑ a) o (U ~a Q aa) H o :m m ° •a U m C u C: m y y C J D m to Q a C= 'n U C tcom o O Lo CO T U 1 to C CQ m C m C U L. fA yEa) "X dE" � -X L a) — tz R7 O N 0 O 47 (D w; a a U CL V) Q N a to Q m m m m "6 CCO CD m 3 U C C t Q cn y C to •� N m c 0- O c CD Cu CU N cm m L U O U UI a N m m •o m N c O c CD a y o p C N U N N L L w O n m N In Z m C E C E d O- N O N ..L-. a m c L o U C C U O C c O c m m a E c o m a c c m o O � 3 N � w.0 M a) �D a� o m � O m U E •O d u�i m N m O c E N V n75 m E N y N L m E O 0 rn m d Agenda Item No. 16A5 September 26, 2006 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Diane Hutchison, Judy Jones, and Nancy Smith for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $89,700. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Diane Hutchison, Judy Jones, and Nancy Smith (Sellers). CONSIDERATIONS: On January 27, 2004, Agenda Item 10A, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. On June 22, 2004, Agenda Item 16A2, the Board confirmed their direction to staff authorizing staff to proceed with purchase contracts for Golden Gates Estates, Unit 53, properties as they become available and to bring these contracts back to the Board for final approval. The Sellers' property contains 2.27 acres and is located within Golden Gate Estates, Unit 53, also known in the Conservation Collier Program as the Red Maple Swamp Preserve. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $88,500 was based upon an appraisal prepared by an independent, state - certified, general real estate appraiser. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by the Sellers, the County will pay the Sellers $442.50 in liquidated damages. The CCLAAC approved this transaction on September 11, 2006 and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003 -63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMPACT: The total cost of acquisition will not exceed $89,700 ($88,500 for the property, $250 for the appraisal, and approximately $950 for a title commitment, a title policy, and recording of related documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of September 11, 2006, property costs for Conservation Collier properties, including this property and those under contract, total $43,488,033. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. Agenda Item No. 16A5 September 26, 2006 Page 2 of 16 EXECUTIVE SUMMARY Conservation Collier — Agreement for Sale and Purchase — Hutchison, Jones & Smith Page 2 LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002 -63) provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002 -63. RECOMMENDATION: Staff is recommending that the Board of County Commissioners: Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2. Authorize the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize the County Manager or his designee to prepare related vouchers and Warrants for payment; and 4. Direct the County Manager or his designee to proceed to acquire the property, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to the property, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5. Approve any necessary budget amendments. PREPARED BY: Cindy Erb, Sr. Property Acquisition Specialist Real Estate Services / Facilities Management Department Agenda Item No. 16A5 September 26, 2006 Page 3 of 16 Conservation Collier Land Acquisition Program Project Design Report t)ate: August /-i, Luvo North Golden Gate Estates (Unit 63) Legend NGGE Unit 53 Conservation areas 111 Acquired or under contrac' 0 0.15 0 t Mibs r�� <.arM.wwn,..ainw : «�ww.w�.- n1 +. +enmm.ouan° Coll ➢erCounly Property Owner: Diane Hutchison, Nancy Smith, and Judy Jones, Heirs to Estate of O.H. Howrey, et ux Folio(s): 39492600005 Location: North Golden Gate Estates Unit 53, W 150 Ft of Tract 29 Size: 2.27 acres Appraisal /Offer Amount: $88,500 3 Agenda Item No. 16A5 September 26, 2006 Page 4 of 16 History of Proiect: Received Project Selected Project BCC Purchase offer Offer Accepted application for the "A" Approved for Approval made to owners category, 41 purchase by to buy as priority, on the BCC properties Active become Acquisition List available by CCLAAC confirmed 6/20/06 12/15/03 1 1/27/04 1 6/22/04 7/25/06 8/1/06 Purpose of Proiect: Conservation Collier Proeram Oualifications: This is one of a number of parcels approved for acquisition that are part of a larger, multi - parcel, multi - owner project known both as the Red Maple Swamp Preserve Project and as North Golden Gate Estates (NGGE) Unit 53. These parcels were considered in context of the whole project. The following identifies the ecological value, significance for water resources, human values and aesthetics, vulnerability to development and management potential for this project. The entire project area is 285 acres and, including this parcel, there are currently 80 acres either acquired or under contract. Although the unit has been platted for single - family home development, at present there are no homes, paved streets or electric service. A search of County permit files shows no permits are under review, however this area is vulnerable to development for single - family residences and permits could be issued at any time. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re- growth over an historic farm field (approximately 100 acres). Soils, hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with surface water present during rainy season and moist conditions remaining during dry season (excepting drought conditions when water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge (7 -14 inches per year). A native terrestrial orchid species State listed as Threatened, Wild Coco (Eulophia alta) and a fern species, Royal fern (Osmunda regalis) listed by the State as Commercially Exploited were observed in abundance. No listed wildlife species were observed, however, the entire unit is directly adjacent to Priority One Panther Habitat, as designated by the Florida Fish and Wildlife Conservation Commission. Black bear, another listed species, are known to inhabit adjoining public lands. Wetland dependant bird species were observed on site. This entire area is connected with South Florida Water Management District ( SFWMD) lands, the Corkscrew Regional Ecosystem Watershed (CREW) Trust conservation lands and the Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would enhance, protect, buffer these lands and provide public access to adjoining SFWMD lands, where a 1,200 -foot boardwalk has been built and nearly 5 miles of hiking trails have already been created. Staff is working with the SFWMD and Parks and Recreation Department staff to develop a partnership for access and management of these recreational amenities. See the Initial Criteria Screening Report for full criteria evaluation. Agenda Item No. 16A5 September 26, 2006 . Page 5 of 16 Proiected Management Activities: Removal of exotic plants, improvement and /or maintenance of roads, construction of trails, parking and placement of fencing and signage are projected management activities. An Interim Management Plan has been drafted and approved, however, the existence of the boardwalk and trail system on adjoining SFWMD lands was not known at that point in time. Any contemplated partnerships including potential road improvements will be included in a Final Management Plan and brought to the Board of County Commissioners for review and approval. Agenda Item No. 16A5 September 26. 2006 Page 6 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A5 Item Summary: Recommendation to approve an Agreement for Sale and Purchase with Diane Hutchison, Judy Jones, and Nancy Smith for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $89,700. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Cindy M. Erb Senior Property Acquisition Specialist Date Administrative Services Facilities Management 6/24/2006 5:10:20 PM Approved By Alexandra J. Sulecki Senior Environmental Specialist Date Community Development & Environmental Services Environmental Services 8125/2006 8:53 AM Approved By Skip Camp. C.F.M. Facilities Management Director Date Administrative Services Facilities Management 8/29/2006 2:15 PM Approved By William D. Lorenz. Jr., P.E. Environmental Services Director Date Community Development & Environmental Services Environmental Services 91212006 10:22 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 91312006 3:21 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 9/1112006 12:15 PM Approved By Community Development 8 Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 911312006 8:55 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9!1312006 10:01 AM Approved By Mark Isackson Budget Analyst Date County Managers Office Office of Management & Budget 911412006 5:12 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9!14(2006 6:13 PM CONSERVATION COLLIER Property Identification No. 39492600005 AGREEMENT FOR SALE AND PURCHASE Agenda Item No. 1 A5 September 26, 2 06 Page 7 o116 THIS AGREEMENT is made and entered into by and between DIANE HUTCHISON, JUDY JONES, and NANCY SMITH, whose address is 301 Layman Ct., Blacksburg, VA 24060, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property "), located in Collier County, State of Florida, and being more particularly described in Exhibit "A ", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. WHEREAS, Seller is purportedly the beneficial owner of the Property, as the record owners are deceased. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A ". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price ") for the Property shall be Eighty- Eight Thousand Five Hundred and No/100 Dollars ($88,500.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR "CLOSING ") of the transaction shall be held on or before one hundred and twenty (120) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. CONSERVATION COLLIER Agenda Item No. 1 2 September 26, Property Identification No. 39492600005 Page 2 3.0112 Combined Purchaser - Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non - Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W -9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees, Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and /or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B -1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to 106 16 CONSERVATION COLLIER Property Identification No. 39492600005 Agenda Item No. 1 qA5 September 26, 2 06 Page 9 0 16 title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ('Inspection Period "), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. CONSERVATION COLLIER Property Identification No. 39492600005 Agenda Item No. 1 A5 September 26, 2 06 Paae 10 o 16 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby and as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty -four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vlll. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2006 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one -half percent 1/( 2 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. CONSERVATION COLLIER Property Identification No. 39492600005 Agenda Item No. 1 A5 September 26, 2 06 Page 11 o 16 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and /or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, -� encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, CONSERVATION COLLIER Property Identification No. 39492600005 Agenda Item No. 14A5 September 26, 2 06 Page 12 o 16 management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seiler will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement ") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ( "CERCLA" or "Superfund "), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ( "SARA "), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title, 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239 - 732 -2505 Fax number: 239 - 213 -2960 CONSERVATION COLLIER Property Identification No. 39492600005 With a copy to: Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239 - 774 -8991 Fax number: 239 - 774 -8876 If to Seller: Diane Hutchison 301 Layman Court Blacksburg, VA 24060 Telephone number: 540- 951 -3599 Fax number: 540 - 382 -4918 If to Seller: Judy Jones 3390 Brookside Drive Christiansburg, VA 24073 Telephone number: 540 - 641 -7921 Fax number: N11t If to Seller: Nancy Smith 475 Pike Lane Christiansburg, VA 24073 Telephone number: 540- 382 -8685 Fax number: Njfl Agenda Item No. JA5 September 26, 06 Page 13 16 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Notice shall be deemed given in compliance with this section upon electronic confirmation of successful facsimile transmission or five (5) days after the postmarked date on mailing receipt of certified or registered letter. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. CONSERVATION COLLIER Property Identification No. 39492600005 Agenda Item No. 14tA5 September 26, 2 06 Page 14 of 16 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRANK HALAS, Chairman CONSERVATION COLLIER Property Identification No. 39492600005 AS TO SELLER: DATED: f3 I G o WITNESSES: (Signature) (Printed Name) �Izlel/ (Signature) _;C%�,r/N /S IYuIGh�Sa� (Printed Name) `I�rZI,D bj L� JL �fw-w (Signature) 0 E. r-r 1.5 F L,; 1 I r ci m,9 (Printed Name) (Signature) (Printed Name) 1-9 (Signature) 1 ��nrS� �. w,!!rAr-15 (Printed Name) 1 (Sighature) (Printed Name) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Agenda Item No. 16A5 September 26, 2006 Page 15 of 16 4uci,ri.e xllj DIANE HUTCHISON UGC NA NCY WITH Agenda Item No. 1I A5 September 26, 2 06 Page 16 o 16 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39492600005 LEGAL DESCRIPTION: WEST 150 FT OF TRACT 29, GOLDEN GATE ESTATES, UNIT NO. 53, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE(S) 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Agenda Item No. 16A6 September 26, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners authorize the County Manager or his designee to establish the budgetary and financial mechanisms to prepay up to $6,200;000 of CDES capital and information technology improvement debt and give approval for any subsequent FY 07 budget amendments required to fund this debt prepayment. OBJECTIVE: To authorize the County Manager or his designee to establish the budgetary and financial mechanisms to prepay up to $6,200,000 of CDES capital and information technology improvement debt and give approval for any subsequent FY 07 budget amendments required to fund this debt prepayment. CONSIDERATIONS: As part of the building addition to the CDES Development Services building completed in 2003, CDES incurred capital improvement bonded debt which has a current outstanding principal balance totaling $4.7 million dollars. Building Permit Fund (113) transfers on average $280,000 to Debt Service Fund (215) to fund payment of principal and interest. As part of the CDES software replacement project, short term commercial paper financing was issued and there remains approximately $1.5 million in outstanding principal. Annually, Building Permit Fund 113 provides a payment to Commercial Paper Fund (299) in the average amount of $580,000. With the increasing amount of development activity occurring in Collier County and the associated increase in permit fee revenue, the Community Development Fund (113) has sufficient cash available to allow for the prepayment of this debt. Budgetary pre - payment of this debt will eliminate approximately $860,000 of annual debt transfer payments from Building Permit Fund (113) to Debt Service Fund (215) and Commercial Paper Fund (299) respectively. Additionally, $1.5 million in commercial paper loan capacity will be made available for project use and approximately $1,900,000 in long term interest expense savings will be achieved upon defeasance of the bonds in Debt Service Fund (215) after the debt call date of October 2013. Planned prepayments would be funded totally from existing CDES Fund 113 reserves, and would not involve any other funding sources or adjustment of CDES fees. At its June 7, 2006 meeting, the Development Services Advisory Committee (DSAC) voted 10 -0 to recommend approval of these prepayments, and their funding from CDES Fund (113) reserves. It was further agreed that CDES staff would meet with DSAC in December, 2006 to review CDES reserves, revenue, and the possibility of fee schedule adjustments. Agenda Item No. 16A6 September 26, 2006 Page 2 of 3 FISCAL IMPACT: Recognizing the end of Fiscal 2006 on September 30, 2006, any prepayment will require a budget amendment in FY 2007. It is anticipated that up to $1,500,000 will be necessary to pay off the existing commercial paper debt in Fund (299). The required transfer from Fund (113) to debt service fund (215) necessary to prepay this debt is estimated at up to $4.7 million dollars. Sufficient cash exists within Building Permit Fund (113) to accomplish the desired prepayment objective. Staff will work with bond counsel, our financial advisor and representatives from the finance department to establish the mechanism necessary for legal defeasance of the long term debt contained within Fund (215). GROWTH MANAGEMENT IMPACT: This request has no growth management impact. LEGAL CONSIDERATIONS: This request is legally sufficient for the Board of County Commissioners consideration. RECOMMENDATION: To authorize the County Manager or his designee to prepay up to $6,200,000 in CDES Commercial Paper ($1,500,000) and Long Term bonded debt ($4,700,000) from current Building Permit Fund (113) cash and give approval for all necessary FY 2007 budget amendments. Prepared by: Mark Isackson, Budget Analyst, Office of Management and Budget Agenda Item No. 16A6 September 26. 20D6 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A6 Item Summary: Recommendation that the Board of County Commissioners authorize the County Manager or his designee to establish the budgetary and financial mechanisms to prepay up to $6.200.000 of CDES capital and information technology improvement debt and give approval for any subsequent FY 07 budget amendments required to fund this debt prepayment. Meeting Date: 9 %26'2006 9:00:00 AM Prepared By Mark lsackson Budget Analyst Date County Manager's Office Office of Management & Budget 617/2006 9:42:42 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 6/9/2006 5:53 PM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 7110/2006 12:23 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 7/10/2006 12:30 PM Approved By Mark lsackson Budget Analyst Date County Managers Office Office of Management & Budget 911912006 2:29 PM Approved By ,,..,,.. Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911812006 2:50 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/19!2006 3:13 PM Commissioners Agenda Item No. 16A7 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Ave Maria Unit 5, Bellerawalk Phase 1A ", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Ave Maria Unit 5, Bellerawalk Phase 1A ", a subdivision of lands located in Section 8, Township 48 South, Range 29 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Ave Maria Unit 5, Bellerawalk Phase 1A ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Ave Maria Unit 5, Bellerawalk Phase 1A" be approved for recording. FISCAL IMPACT: The project cost is $1,694,726.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer -$-0- b) Drainage, Paving, Grading - $1,694,726.67 The Security amount, equal to 110% of the project cost, is $1,864,199.34 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: $52,151.80 Agenda Item No. 16A7 September 26, 2006 Fees are based on a construction estimate of $1,694,726.67 and were pa ?dln 2 of 4 April, 2006. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,310.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) C) Drainage, Paving, Grading (.75% const. est.) d) Construction Inspection Fee Water & Sewer (2.25% const. est.) e) Drainage, Paving, Grading(2.25 %const.est.) GROWTH MANAGEMENT IMPACT: - $ N/A - $12,710.45 - $ N/A - $38,131.35 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 "Ave Maria Unit 5, Bellerawalk Phase 1A" for recording with the following stipulations: 1. Approve the amount of $1,864,199.34 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 w- � O zN m E�� = E M2 C � 0IC/) d 2 O W � to U O J 3W= O.L LON ez - NS OVOM SIV3N AVO o 0 f� T0: -- J b O � U Z OAlB S3O'd19213A3 O U Q � m m W O QV O K W W J 4 O g C� M��o GV� IL Q LIJ Z O Q U O J Agenda Item No. 16A7 September 26, 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A7 Item Summary: Recommendation to approve for recording the final plat of Ave Maria Unit 5, Bellerawalk Phase IA. approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 9126 +2006 9:00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Environmental Services Engineering Services 916/2006 10:12:52 AM Approved By Thomas E. Kuck. P.E. CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 916!2006 10:32 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9!1312006 6:52 AM Approved By Community Development & Joseph K. Schmitt Environmental Date Services Adminstrator Community Development & Community Development & Environments! Services Environmental Services Admin. 9/1312006 9:23 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9113/2006 10:02 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 917512006 9:11 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 911512006 10:20 AM Agenda Item No. 16AS September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Twin Eagles, Phase Two B ", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Twin Eagles, Phase Two B ", a subdivision of lands located in Section 20, Township 48 South, Range 27 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199, CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Twin Eagles, Phase Two B ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Twin Eagles, Phase Two B" be approved for recording. FISCAL IMPACT: The project cost is $2,729,252.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $ 695,000.00 b) Drainage, Paving, Grading - $2,034,252.00 The Security amount, equal to 110% of the project cost, is $3,002,177.20 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $62,592.56 Agenda Item No. 16AS September 26, 2006 Fees are based on a construction estimate of $2,034,252.00 (does not ina 2 of Orange Tree Utilities) and were paid in March 2006. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,565.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$-0- C) Drainage, Paving, Grading (.75% const. est.) - $15,256.89 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$-0- e) Drainage, Paving, Grading(2.25 %const.est.) - $45,770.67 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Twin Eagles, Phase Two B" for recording with the following stipulations: 1. Approve the amount of $3,002,177.20 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department mCD # 0-49-0 n » ~\ E/� /E p� C: a) 4 _! )§ ;§ , .0, CL Q � W CO 2 e Cl) I� CD � F- e . Z O Q U O -j I ' - \,R _ M b{ | ]v 6 E% I \ _ /! , ! � Li CL Q � W CO 2 e Cl) I� CD � F- e . Z O Q U O -j Agenda Item No. 16AB September 26, 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16AB Item Summary: Recommendation to approve for recording the final plat of Twin Eagles. Phase Two B, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 9/2612006 9:00'00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Environmental Services Engineering Services 977/2006 9:28:49 AM Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 9/7/2006 10:15 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 911212006 6:12 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Administrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 911312006 9:35 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9113/2006 10:03 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/1512006 9:15 AM Approved By James V. Mudd County Manager Data Board of County County Manager's Office 9/1512006 10:54 AM Commissioners Agenda Item No. 16A9 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Via Veneto ", 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 "Via Veneto ", a subdivision of lands located in Section 30, Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Via Veneto ". 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 "Via Veneto" be approved for recording. FISCAL IMPACT: The project cost is $644,802.66 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $222,293.33 b) Drainage, Paving, Grading - $422,509.33 The Security amount, equal to 110% of the project cost, is $709,282.93 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: $20,414.08 Agenda Item No. 16A9 September 26; 2006 Fees are based on a construction estimate of $644,802.66 and were paid9€ Mbyt 4 2006. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) - $1,070.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$1,667.20 C) Drainage, Paving, Grading (.75% const. est.) -$3,168.82 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$5,001.60 e) Drainage, Paving, Grading (2.25 %const.est.) -$9,506.46 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 "Via Veneto" for recording with the following stipulations: 1. Approve the amount of $709,282.93 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 O M Z CL 0 Emma_ a ca y Q C Q7 d awm m l q G M 971dYN wm AuRno0 63M S3 k 6 " O a W C a VtlYBtlVB�! _ __ ________ _ ____________ m n 41 _gyp. pap}5 yu� KOLE BEA w. 'JY391i11 Q �j' y � � 2F 3iA3tl®0 i 3MM N 1 W z 5 8 pyi 4 S N w O r W n G ' C tt 0 a. 6LJ i � w a o w m ~a ro 0 < < J w 1N3rfNV3 1 71,1'3 awm m l q G M 971dYN wm AuRno0 63M S3 k 6 " O C a VtlYBtlVB�! _ __ ________ _ ____________ s Jill E a4m NNY3AWf100 _gyp. pap}5 yu� 'JY391i11 �j' y � � 2F 3iA3tl®0 i 3MM N 1 z 5 8 pyi 4 S N w O r W n G ' C tt 0 a. 6LJ i mnv uoaury II'n'Ir'� �u {� 3NIW 3q 1. Y CL W F— C/) a Z O Q U O 0 Agenda Item No. 16A9 September 26; 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A9 Item Summary: Recommendation to approve for recording the final plat of Via Veneto. approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 9126!2006 9.0000 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Environmental Services Engineering Services 9/712006 1:06:30 PM Approved By Thomas E. Kuck. P.E. CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 9!7!2006 3:50 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 971212006 7:43 PM Approved By Community Development 8 Joseph K. Schmitt Environmental Date Services Adminstrator Community Development & Community Development & Environmental Services Environmental Services Admin, 9111'2006 9:59 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1412006 6:31 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9!1512006 9:20 AM Approved By James V. Mudd County Manager Date Board Of County Commissioners County Manager's Office 9115/2006 6:07 PM Agenda Item No. 16A10 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Ave Maria Phase Two ", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Ave Maria Phase Two ", a subdivision of lands located in Section 32, Township 47 South, Range 29 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Ave Maria Phase Two ". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Ave Maria Phase Two" be approved for recording. FISCAL IMPACT: The project cost is $3,141,940.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $1,230,000.00 b) Drainage, Paving, Grading - $1,911,940.00 The Security amount, equal to 110% of the project cost, is $3,456,134.00 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: $59,038.25 Agenda Item No. 16A10 September 26, 2006 Fees are based on a construction estimate of $1,911,940.00 (does not in(,9ade2A*d Maria Utilities) and were paid in November, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,680.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$ -0- c) Drainage, Paving, Grading (.75% const. est.) - $14,339.55 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$ -0- e) Drainage, Paving, Grading(2.25 %const.est.) - $43,018.70 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 "Ave Maria Phase Two" for recording with the following stipulations: 1. Approve the amount of $3,456,134.00 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 o co 'It =° o �M p CJ 0) Z �d 41 Y Q Q n n OV06 SIV3N drivo n ,r a rn Z w0 i- a v� v 0 J N n C1 00 aras ai toN mw 6Z NS w a m i U MN l swath dWO 0 a N6Z -NS a `r K J w 3 a J Y a IN- U Z w� 00 OAl9 S30VION3A3 ir IL o h m m Z I w U < O LD w w J d 0 s Gov, OF M��Co r W 03 O H Q E W T Q z 0 Q U O J Agenda Item No. 16A10 September 26, 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A10 Item Summary: Recommendation to approve for recording the final plat of Ave Maria Phase Two, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 9/26,12006 9:00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Environmental Services Engineering Services 918/2006 8:07:07 AM Approved By Thomas E. Kuck, P.E. ODES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 9/1112006 10:59 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 911212006 7:38 PM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Administrator Community Development & Community Development & Environmental Services Environmental Services Admin. 9113/2006 9:59 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/14/2006 8:32 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/15/2006 9:47 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9116 ,12006 8:54 AM Agenda Item No. 16A11 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Ave Maria 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 "Ave Maria Phase Three ", a subdivision of lands located in Section 32, Township 47 South, Range 29 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Ave Maria Phase 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 "Ave Maria Phase Three" be approved for recording. FISCAL IMPACT: The project cost is $859,518.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $350,000.00 b) Drainage, Paving, Grading - $509,518.67 The Security amount, equal to 110% of the project cost, is $945,470.54 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: $16,485.56 Agenda Item No. 16A11 September 26, 2006 Fees are based on a construction estimate of $509,518.67 (does not inch Q*ef 4 Maria Utilities) and were paid in July, 2006. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,200.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$ -0- c) Drainage, Paving, Grading (.75% const. est.) -$3,821.39 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) -$ -0- e) Drainage, Paving, Grading(2.25 %const.est.) - $11,464.17 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 "Ave Maria Phase Three" for recording with the following stipulations: 1. Approve the amount of $945,470.54 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 r CO 'IT r d w-. O Q p cal m Z -� Q% E a) �+ Q. Q N n Z M F Q M N N dl U O N n 'O N r'1 N M � O h � N7 � 6z - NS W Y ///GVOM SIV3N dNiVO o 4 N5Z -NS a O V J � W w 3 J J ¢ p Y �-aora 04- y UZ O W < ame S30V1!)"3 OU a 0 O J L mL, p c N U' m 2 � W G O O K 7ww __'■_ at 16N F OF �p� 0— a W U) Agenda Item No. 16A11 September 26, 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A11 Item Summary: Recommendation to approve for recording the final plat of Ave Maria Phase Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 9126,12006 9.00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Environmental Services Engineering Services 9/812006 8:06:26 AM Approved By Thomas E. Kuck. P.E. CDES Engineering Services Director Date Community Development & Environmental Services CDES Engineering Services 911112006 10:59 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9,11212006 7:32 PM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9!1312006 10:00 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/14/2006 8:32 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 911512006 9:51 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/16/2006 8:52 AM Agenda Item No. 16Al2 September 26, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for Verona Walk, Phase 1 -A. OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept final and unconditional conveyance of these water and /or sewer facilities. CONSIDERATIONS: 1) The Developer of Verona Walk, Phase 1 -A, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of these utility facilities was approved by the Community Development and Environmental Services staff on June 28, 2004. At that time, the value of these utility facilities (assets) was $97,363.00 for the water facilities and $176,763.50 for the sewer facilities (see attachment[s]). This Final Acceptance is in accordance with Collier County Ordinance No. 2004 -31, as amended. 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water -Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Community Development and Environmental Services Division staff, and these facilities have been found to be satisfactory and acceptable. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water -Sewer District receiving unconditional title to utility facilities that, at the time of preliminary acceptance, had a total (undepreciated) value of $274,126.50. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is required to complete this final acceptance. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, authorize final acceptance of these water and sewer utility facilities for Verona Walk, Phase 1-A, and authorize the County Manager or his designee to release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician, Engineering Department Agenda Item No. 16Al2 September 26, 2006 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16Al2 Recommendation to approve final acceptance of the water and sewer utility facility for Verona Item summary: Walk, Phase 1A. Meeting Date: 9/26/2006 9:00.00 AM Prepared By Jodi Pannullo Administrative Assistant Date Community Development & CDES Engineering Services 911112006 10:02:59 AM Environmental Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 9111/2006 11 :00 AM Environmental Services Approved By Stephen L. Nagy Wastewater Collections Manager Date Public Utilities Wastewater 9/1212006 8:33 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 9112/2006 4:52 PM Environmental Services Environmental Services Admin. Approved By Pamela Libby Water Operations Manager Date Public Utilities Water 911312006 9:13 AM Approved By G. George Yilmaz Wastewater Director Date Public Utilities WasieWater 911312006 9:19 AM ' Approved By Paul Mattausch Water Director Date Public Utilities Water 9/1312006 9:57 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 9/13/2006 1:55 PM Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 9113/2006 5:53 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911412006 8:34 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/1512006 9:39 AM Approved By, James V. Mudd County Manager Date Board of County County Manager's Office 9115/2006 6:56 PM Commissioners %q/ ƒ%° � �r 6\ f E /7 /E i@ � § \\g :— Z 7 / `- 2! + § � / / _ .., �.■ - 2 9 7# 9 • wanvo L � ( _ . a :�� fa w------ ; � | _ � • ;a CL Q � W �_. U—) � Q � �_ Q� V O J a 7 2 § Agenda Item No. 16Al2 September 26, 2006 Page 4 of 7 CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: VERONAWALK PHASE 1 -A LOCATION: SECTION 26,34,35, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA NAME & ADDRESS OF OWNER: DIVOSTA AND COMPANY 6005 VANDERBILT ROAD EXTENSION NAPLES, FLORIDA 34119 TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) SINGLE WATER SERVICE 40 EA $150.00 $6,000.00 DOUBLE WATER SERVICE 76 EA $300.00 $22,800.00 DR -18 PVC 6" 293 LF $3.50 $1,025.50 DR -18 PVC 8" 2823 LF $4.00 $11,292.00 DR -18 PVC 10" 1673 LF $7.00 $11,711.00 DR -14 PVC 10" 60 LF $8.00 $480.00 DR -18 PVC 12" 502 LF $9.50 $4,769.00 DR -14 PVC 12" 64 LF $11.00 $704.00 DR -25 PVC 16" 829 LF $11.50 $9,533.50 DR -18 PVC 16" 286 LF $18.00 $5,148.00 GATE VALVE 8" 5 EA $500.00 $2,500.00 GATE VALVE 10" 4 EA $700.00 $2,800.00 GATE VALVE 12" 4 EA $900.00 $3,600.00 GATE VALVE 16" 4 EA $3,000.00 $12,000.00 6 EA $500.00 $3,000.00 PBSP TOTAL COST $97,363.00 • . Agenda Item No. 16Al2 September 26, 2006 Page 5 of 7 I do hereby certify that the quantities of materials described above are a true and accurate representation of the system. T1FY1 Brenda KMerchant Authorized Agent OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109 -1829 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER 1 The foregoing instrument was signed and acknowledged before me this 9th day of April, 2004 by Brenda K. Merchant who is personally known to me and who did not take an oath. WFAW, 4071 NO • DD SEAL: Linda Mahon " Commission WD177119 *y •= Expires: Feb 21, 2007 " ,, Adentic Bonding Co., I= Agenda Item No. 16Al2 • September 26, 2006 Page 6 of 7 CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: VERONAWALK PHASE 1 -A LOCATION: SECTION 26,34,35, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA NAME & ADDRESS OF OWNER: DIVOSTA AND COMPANY 6005 VANDERBILT ROAD EXTENSION NAPLES, FLORIDA 34119 TYPE OF UTILITY SYSTEM: SANITARY SEWER (MATERIALS ONLY) TOTAL COST $176,763.50 1 LF $100,000.00 $100,000.00 LIFT STATION 8.1 1632 LF $3.50 $5,712.00 SDR -2b 0-6' CUT 8.1 2172 LF $3.50 $7,602.00 SD R 26 6-8' CUT 8" 1224 LF $3.50 $4,284.00 SDR -26 8 -10' CUT 8" 634 LF $3.50 $2,219.00 SDR - 2610 -12' CUT 8" 784 LF $3.50 $2,744.00 SDR - 2612 -14' CUT 8" 200 LF $3.50 $700.00 SDR -26 14 -16' CUT 8" 28 LF $3.50 $98.00 SDR - 2616 -18' CUT 4' 12 EA $1,500.00 $18,000.00 DIA MANHOLE 0-6' CUT 4' 8 EA $1,700.00 $13,600.00 DIA MANHOLE 6-8' CUT 4' 2 EA $1,700.00 $3,400.00 DIA MANHOLE 8 -10' CUT 4' 3 EA $1,700.00 $5,100.00 DIA MANHOLE 10-12' CUT 4' 2 EA $1,700.00 $3,400.00 DIA MANHOLE 12 -14' CUT 4' 1 EA $3,900.00 $3,900.00 DIA MANHOLE 14-16' 6" 527 LF $3.00 $1,581.00 FORCEMAIN 6" 53 LF $3.25 $172.25 DR -14 FORCEMAIN 8" 3441 LF $4.25 $14,624.25 FORCEMAIN 8" 686 LF $5.25 $3,601.50 DR -14 FORCEMAIN 10" 40 LF $8.00 $320.00 FORCEMAIN 12" 2629 LF $9.50 $24,975.50 FORCEMAIN 12" 312 LF $12.50 $3,900.00 DR -14 FORCEMAIN 12" 160 LF $21.50 $3,440.00 DIP 8" 5 EA $8.00 $40.00 PLUG VALVE 10" 1 EA $1,000.00 $1,000.00 PLUG VALVE 12" 2 EA $1,200.00 $2,400.00 PLUG VALVE 6 EA $1,000.00 $6,000.00 ARV SINGLE SEWER SERVICE 6 EA $350.00 $2,100.00 DOUBLE SRWER SERVICE 93 EA $450.00 $41,850.00 TOTAL COST $176,763.50 , } f Agenda Item 16012 September r 26, 2006 Page 7 of 7 I do hereby certify that the quantities of materials described above are a true and accurate representation of the system. CERTIFYING: Tt othy C. hell, Sr. President OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109 -1829 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 5th day of April, by thy C. Mifchel1, Sr. who is personally known to me and who did not take an oath. SEAL: ..- Brenda K. Merchant =COMMISSION# DD 107609 a 6 ri�ers Agenda Item No. 16A13 September 26, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the sewer utility facility for Hospice House of Naples. OBJECTIVE: The Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept the conveyance of the sewer facility. CONSIDERATIONS: 1) The Developer of Hospice House of Naples has constructed the sewer facility within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of this utility facility was approved by the Community Development and Environmental Services staff on September 16, 2003. At that time, the value of this utility facility (asset) was $892.44 (see attachment(s)). This Final Acceptance is in accordance with Ordinance 2004 -31, as amended. 3) Staff has recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The sewer facility has been operated and maintained by the Collier County Water - Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Community Development and Environmental Services Division staff and this facility has been found to be satisfactory and acceptable. 6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. 218, in the amount of $12,821.90, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval of this Executive Summary. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water -Sewer District receiving unconditional title to the utility facility, which at the time of preliminary acceptance had a total (undepreciated) value of $892.44. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: No additional legal review from the County Attorney was required to complete this final acceptance. Agenda Item No. 16A13 September 26, 2006 Page 2 of 5 RECOMMENDATION.: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the sewer utility facility for Hospice House of Naples, and authorize staff to release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Jennifer Florin, Administrative Assistant Agenda Item No. 16A13 September 26, 2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A13 Item Summary: Recommendation to approve final acceptance of the sewer utility facility for Hospice House of Naples. Meeting Date: 912612006 9:00:00 AM Prepared By Jodi Pannullo Administrative Assistant Date Community Development & CDES Engineering Services 911112006 1:58:21 PM Environmental Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development 8 CDES Engineering Services 9111120064:48 PM Environmental Services Approved By Stephen L. Nagy Wastewater Collections Manager Date Public Utilities WasteWater 9112!2006 8:34 AM Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 9113f20D69:25 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 9113/2006 1:56 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 911412006 9:11 AM Environmental Services Environmental Services Admin, Approved By Community Development 8 Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & 91141200G Bat PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9;1512006 9:28 AM Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/15/2006 11:05 AM Approved By James Y. Mudd County Manager Date Board of County County Manager's Office 9115121106 SIDS PM Commissioners c'i CU LO T o — <0 0 CO T ^ CD a) UN^^N Z M C a) C Cc Q � v CD 3-4m OL L / 7 mw ff- 0 $ w ° AVM NOSMVI w w gip. �p Q Z ¢ 2 J w v O sO W 0 i a F RR� o p ZQ F Q i O 0 J u fA U vw�lve vLNV9 p w � � d a fig .• Cc O r< = � a � N Q S nom d ° fd Lo 89 F v S1-31Y1Sl9U6 (n W � H U' a0 rc V 3NYl TIMigOddlWA 3i� _ 'N 2 9oala 6 K U' 3 ■� w a W S U) w W Z LMNGBTOM ROAD yi G �9 g OYOL NOLSLINW, CL J Z O He log O Z N9 1ri� ovoeo.m�einomnv gg t se LL O 10 LU Q LLJ C.J & l;° W Z Z U ae a 3-4m OL L / 7 mw ff- CL TQ W I ■ O Q U $ w ° gip. �p bs za uj sO 4S�S RR� U ZO 0 vav vw�lve vLNV9 p w < p <� $ fig .• Cc O r< sm N a 8 B S nom d ° fd 89 91.31Y1b ml v S1-31Y1Sl9U6 W g 3i� _ 'N 2 9oala ■� LMNGBTOM ROAD �9 g OYOL NOLSLINW, He log N9 1ri� ovoeo.m�einomnv gg t se LL O 10 LU & l;° ae CL TQ W I ■ O Q U Agenda Item No. 16A13 September 26, 2006 CERTIFICATIO. = COST CONTRIBUTORY ASSETS - CC .TY Page 5 of 5 PROJECT NAME: Hospice LOCATION: Section 18 Township 49 South Range 26 East Collier County, Florida NAME & ADDRESS OF OWNER: Hospice of Naples, Inc. 1095 Whipporwill Lane Naples, FL 34105 TYPE OF UTILITY SYSTEM: SANITARY SEWER (MATERIALS ONLY) (QUANTITIES SIZES DESCRIPTION UNIT PRICE TOTAL COST 1 Fa. 10"x4" Tapping Sleeve & Valve 735.64 735.64 80 L.F. 4" C -900 DR 14 PVC Pipe 1.96 156.80 TOTAL COST 892.44 i do hereby certify that the quantities of materials described above are a true and accurate representation of of the system being contributed to Collier County. CERTIFYING: K ' sen, President OF: Jensen Underground Utilities, Inc. 5585 Taylor Road Naples, FL 34109 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 19 day of August, 2003 by Kevin Jon n, w is ally known to me and who did not take an oath. Al�xl SEAL: 44 V - Donna L. u gren OOtdMt- rt tlolal► !ubft . Skdo of Fkxido .kn1.�7 ANOWNWOW . W C • 00199M Agenda Item No. 16131 September 26, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve and execute the attached Second Amendment to Radio Tower Lease Agreement with Crown Castle GT Company LLC, for an additional location upon an existing tower for use by the Stormwater Management Department at a first year's annual cost of $3,000. OBJECTIVE: To obtain approval and execution from the Board of County Commissioners for the attached Second Amendment to Radio Tower Lease Agreement with Crown Castle GT Company LLC, for additional space on a communications tower for use by the Stormwater Management Department. CONSIDERATION: The Board of County Commissioners approved a Lease Agreement with Crown Castle GT Company LLC (`Crown Castle') on January 31, 2000, and a First Amendment to Radio Tower Lease Agreement on March 11, 2003, for the installation of antennas on a communications tower and related ground equipment located at 15571 East Tamiami Trail. At this time, the County is requesting an additional location on the tower at a height of eighty feet for equipment to be used by the Stormwater Management Department. This equipment will be used to communicate with a GIPS base station located at the Port of the Islands sewage treatment facility, allowing that facility to be incorporated into the Countywide GPS network. -^� The Amendment also revises the annual rent for an additional Two Hundred and Fifty Dollars ($250.00) per month. All other terms contained in the existing lease will remain the same. The attached Second Amendment to Radio Tower Lease Agreement has been reviewed and approved by the Office of the County Attorney for content and legal sufficiency. FISCAL IMPACT: The first year's annual rent of $3,000 shall be paid from the Stormwater Capital Improvement Fund 325, project # 510031, Global Positioning System. GROWTH MANAGEMENT: There is no impact on the County's long -range planning effort. RECOMMENDATION: That the Board of County Commissioners approves the Second Amendment to Radio Tower Lease Agreement with Crown Castle GT Company LLC, and authorizes the Board Chairman to execute same. PREPARED BY: Michael Dowling, Senior Property Management Specialist Real Estate Services 1 Department of Facilities Management Agenda Item No. 1661 September 26. 2006 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS --... Item Number: 1681 Item Summary: Recommendation to approve and execute the attached Second Amendment to Radio Tower Lease Agreement with Crown Castle GT Company LLC. for an additional location upon an existing tower for use by the Stormwater Management Department at a first years annual cost of $3,000. Meeting Date: 9126/2006 9:00:00 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 9/712006 12:44:43 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 911112006 12:20 PM Approved By Eugene Calvert Principal Project Manager Date Transportation Engineering and 9!1172006 12:26 PM Transportations Services Construction Management Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 911112006 2:05 PM Approved By Daniel J. Regan Land Surveyor Date Transportation Services Stormwater Management 9111/2006 2:22 PM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Services Transportation Administration 9111/2006 4:03 PM Approved By John J. Daly Telecommunications Manager Date Administrative Services Information Technology 9111[2006 4:12 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 911212006 2:34 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9113/2006 8:43 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office office of Management & Budget 9/1412006 12:34 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 90512006 9:16 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911 V2006 11:17 AM Commissioners Agenda Item No. 16B1 September 26; 2006 Page 3 of 7 Collier County Site Name: Krehling Crown Business Unit: 815580 Collier County Site Number: N/A Crown Site Name: Old Marco Junction Original License Number: 36784 Second Amendment to Radio Tower Lease Agreement This Second Amendment to Radio Tower Lease Agreement (this "Amendment ") is made this day of , 2006, by and between Crown Castle GT Company LLC, a Delaware limited liability company ( "Crown "), and Collier County, a political subdivision of the State of Florida ( "Lessee ") WHEREAS, on April 18, 1995, Collier County and GTE Mobilnet of Tampa Incorporated, a Delaware corporation entered into a Radio Tower Lease Agreement (the "Agreement ") whereby Collier County licensed from GTE Mobilnet of Tampa Incorporated, certain space at a telecommunications facility located at 15571 Tamiami Trail East, Naples, Florida (the "Demised Premises "); and, WHEREAS, on January 31, 2000, the Agreement was assigned by GTE WIRELESS OF THE SOUTH INCORPORATED, a Virginia corporation (successor in interest by merger to GTE Mobilnet of Tampa Incorporated) to Crown via an Assignment and Assumption Agreement; and WHEREAS, on March 11, 2003, the Agreement was amended by that certain First Amendment to Radio Tower Lease Agreement; and WHEREAS, Crown and Lessee desire to amend the Agreement in order to add additional equipment customer will utilize at the Demised Premises and to increase the monthly rent. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to be legally bound to this Amendment as follows: Exhibit "A" to the First Amendment to Radio Tower Lease Agreement is hereby amended and supplemented as shown in Exhibit "A -I" "Location of Antennas" attached hereto and made a part hereof to add an antenna and corresponding line to the existing equipment that the County already has on the tower. This new equipment will be located at a separate centerline height of 80'. 2. The Monthly Payment is increased by Two Hundred Fifty and No/ 100 dollars ($250.00). The increase will become effective upon the first day of the month following the earlier of (a) commencement of construction, (b) ninety (90) days from full execution. 3. All other provisions of the Agreement shall remain in full force and effect. Prepared by: C. Moore Prepared on: June 20, 2006 Agenda Item No. 166.1 September 26, 2006 Page 4 of 7 Collier County Site Name: ng Crown Business Unit: 815580 Crown Site Name: Old Marco Junction Collier County Site Number: r: N /A N/A Original License Number. 36784 IN WITNESS WHEREOF, the parties have set forth their hand and seal as of the date indicated above. Crown Castle GT Company LLC, a Delaware limited liability company By: Witness: Print Name: Title: Witness: Execution Date: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. Approved at to form and legal sufficiency: By:�f , Thomas C. Palmer, Assistant County Attorney By: FRANK HALAS, Chairman 2 Prepared by: C. Moore Prepared on: June 20, 2006 iCIsitesTM : Crown Castle Online Application Agenda Item No. 1681 5 Attachment "A -1 Sewage �r 2006 of 7 ORO Customer Approved: Jun 20'2006 Application ID: 31676 Revision # i Submitted: May 02 2006 Submitted Sy: DALBERTINI Daniel J Regan/ Collier Cnty Trnsp Svcs Original Submit Date: May 02 2006 Desired Install Date: May 22 2006 Reason for Application: Adding additional antennas to ]DE Job Number 72944 existing configuration Applications are subject to applicable Crown Castle engineering, regulatory, zoning /planning, and priority property -owner approval. Approval conditions may result In alternative requirements for type and /or placement of equipment. Approval conditions may also lead to additional or revised engineering analysis at Crown Castle discretion and upon consent of the customer. 2885 South Horseshoe Drive Company Information Site Information High Level Company: CNTY COLLIER FL Crown Castle OLD MARCO )UNCTION MLA: N/A Site Name: COLLIER COUNTY GOVERNMENT/ Crown Castle 815580 Company: ADMINISTATION Site ID: Address: 3301 EAST TAMIAMI TRIAL Crown Castle South Florida District: City /Town: NAPLES 1 10 A 80ft 117 RADIALL/LARSEN 1 Address: 15571 TAMIAMI TRAIL EAST State: FL Postal Code: 33962 Clty /Town: NAPLES Customer Sob N/A Number: State: FL Postal Code: 33961 Customer County: Collier Site Name: Krehling Latitude: 260 1' 51.0' Longitude: -810 38' 32.0" Customer Structure SELF Structure 330 ft Site Number: n/a Type: SUPPORT Height: Legal Entity Information Operating Legal Entity: N/A Primary Contact: Daniel J Regan/ Collier Cnty Trnsp Svcs Phone: (239) 213 -5810 Div Receive E -mail: danielRegan @colliergov.net Fax: N/A Address: 2885 South Horseshoe Drive 906:0 928.0 City /Town: Naples State: FL Postal Code: 34104 RF Contact: John Daly Phone: 239 - 732 -2531 E -mail: johndaly @colliergov.net Orieht Status Service Information http: / /www.ccisites. corn /engapplic /AppTrkEngPrint.do ?command= View &printMode = true &applD =31676 6/20/20( 4 Frequencies Transmit Receive Svc Technology EIRP (WATTS) Std Frequency Start Stop Start Stop 1 TDMA 100.0 900.0 928.0 906:0 928.0 Antenna Information C Line Mfg. / Transmit Transmit Receive Receive # Fig. Pos. Elev Azimuth Model Svc Start Stop Start Stop Use Orieht Status 1 10 A 80ft 117 RADIALL/LARSEN 1 900.0 928.0 N/A N/A TX Mid -Mount Proposed YA590OW Feedline Information # Fig. Pos, Qty Mfg. Model Length Status 1 10 A 1 Primary: TIMES MICROWAVE Secondary: N/A LMR -400 130 ft Proposed / / (� �j http: / /www.ccisites. corn /engapplic /AppTrkEngPrint.do ?command= View &printMode = true &applD =31676 6/20/20( 4 I;CIsit(%TM : Crown Castle Online Application Optional Component Information Agenda Item No. 16131 Attachment "A -1" bIvAe 6 o °7 Tower Mounted Equipment Fig. Pos. Qty. Type Mfg. Model Elev. 1 Statusl Elev. 2 Status2 1 10 A Building /Pad /Power Requirements Type L W H Power Requirements Antenna Specifications Building Requirements VAC 240 Phase Single Phase New Building /Shelter N/A N/A N/A N/A 1 RADIALL/LARSEN YA590OW 200 7.27 1.051N 1.6 LBS Existing Building /Shelter Floor Space N/A N/A N/A Amps Building Identification 0 Generator Needed? Generator !' No Size (kW) N/A Pad Requirements 13/32 Generator Fuel N/A Generator N/A Required Leased Size N/A N/A N/A Type Manufacturer Size N/A N/A Generator Fuel N/A Generator N/A Pad Tank Size Model Number of Equipment Cabinets at time of Install 0 Battery Requirements Quantity 0 Manufacturer N/A Model N/A Comments /Additional Information Comments: Application Is for additional CL to existing configuration. **Indicates where Cut Sheet data has been entered. NOTICE: Structural Analysis shall be performed in accordance with the current revision of the T1A /EIA 222 standard and applicable local building permit codes and standards. EME analysis shall be consistent with current revision of FCC /OSHA standard OETS 65. AM detuning, when required, will be performed to '_' CFR22.371. The customer is responsible for all analysis expenses. All construction drawings are subject to Crown Castle engineering approval prior to commencement of tower attachments and compound installations. Installation of equipment not conforming to approved drawings may violate the terms of the occupancy agreement and will be corrected at the customer's expense. Crown Castle International requires drawings for pre - construction approval and as built drawings for physical configuration validation to be submitted as unlocked AutoCAD files (Version 20001 preferred). Appendix A - Antenna, Feedline, TMA Specifications Antenna Specifications Quantity Manufacturer Model Type Height Width Depth Weight Flat Plate Area 1 RADIALL/LARSEN YA590OW YAGI 30.0 IN 7.27 1.051N 1.6 LBS 1.5 Feedline Specifications Quantity Manufacturer Model Nominal Size Nominal O.D. 1 TIMES MICROWAVE LMR -400 13/32 0.405 IN http:// www. ccisites. cornlengappliclAppTrkEngPrint.do ?command= View &printMode = true &appID =31676 6/20/2006 I FT ;g T 17! ?USWESS UNIT; 8 %5580 TOWER ID:A Agenda Item No. 16131 S tem er, 2006 Attachment "A 1 age 7 of 7 270 R LEVEL(RESERVED) COLDER COUNTY REF. DWG. 815580f_270.OWG 225 rt LEVEL COLLIER COUNTY REF. DWG. 81558- A-225.DWC 208 R LEVEL COU-10 COUNTY PEF. DWG. 81558DA208.DWC r iF- R LEVEL COLLIER COUNTY -REF. DWG. 875580-7_177,pWG 1 as rt iVEt COLLIE]+ COUNTY PEF. DWG. 815580_A_/aS.DWG t 10 R LEVEL (RESERVED COLI.I{R COUNTY REF. 71 , R155RD A 110(1W.^. R u-vcl (F+ROrosiy I co.AR COUNTY DWG. 815MO A 80.OWC I _ APPROVED By gtinley at 9 :24 am, 6/7/06 t Agenda Item No. 1662 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve an amendment to Contract 45 -3845 "Consolidated Management Contract for the Collier County Fixed Route and Paratransit Systems ". OBJECTIVE: To obtain board approval of an amendment to Contract 05 -3845 "Consolidated Management Contract for the Collier County Fixed Route and Paratransit Systems ". CONSIDERATION: The Board of County Commissioners approved Contract 05 -3845 "Consolidated Management Contract for the Collier County Fixed Route and Paratransit Systems" on September 27, 2005. Amendment A -1 will allow for evaluation of the number of County Paratransit vehicles on an annual basis utilizing the criteria of average daily trips exceeding 550 for a three month period. If the criteria are met, then consideration will be given to increasing the number of County Paratransit vehicles. Currently the Paratransit service averages 500 trips per day. With the purchase of one reserve vehicle, budgeted in FY07, the County Paratransit fleet totals 20 vehicles; an average of 15 vehicles for daily operations and 5 vehicles for reserve and peak operations. The operational expenses of these County vehicles (fuel, maintenance, insurance, etc.) are the responsibility of the County. FISCAL IMPACT: The vehicles, operating funds, and maintenance are budgeted in the Transportation Disadvantaged Fund 427. The additional reserve vehicle is budgeted in FY07 Transportation Disadvantaged Fund 427. RECOMMENDATION: That the Collier County Board of County Commissioners approve the necessary amendment to Contract 05 -3845 "Consolidated Management Contract for the Collier County Fixed Route and Paratransit Systems ". Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Attachment: Exhibit A -1 Agenda Item No. 1662 September 26, 2006 EXHIBIT A -1 Contract Amendment # 05 -3845 Page 2 of 4 "Consolidated Management Contract for the Collier County Fixed Route and Paratransit Systems" This amendment, dated , 2006 to the referenced agreement shall be by and between the parties to the original Agreement, McDonald Transit Associates, Inc. (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding RE: Contract # 05 -3845 "Consolidated Management Contract for the Collier County Fixed Route and Paratransit Systems" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per this Amendment. Add to Attachment 1 County Duties, under Vehicles and Equipment section the following: The Paratransit Fleet will be evaluated on an annual basis. Currently the service is projected to average 500 trips per day utilizing 15 vehicles and 5 spares for mechanical breakdowns and preventative maintenance. Therefore, up to 20 vehicles are provided, insured and fueled by the County. The service will use an average of 15 vehicles in daily operations. If average daily trips exceed 550 for a three month period, consideration will be given to increasing the fleet size. The County and the Contractor agree to review the fleet size and availability of subcontractor vehicles to handle increased demand that can not be serviced by the fixed route service (CAT). Should additional vehicles be required and not available from subcontractors, the County may allow use of more than an average of 15 vehicles in daily operations or, when deemed necessary, may provide an additional vehicle(s) for service peak. Such a decision will require additional funding from the County and therefore, an amendment to the Contract subject to BCC approval. The Contractor agrees that this amends the original Contract. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: CONSULTANT Corporate Secretary /Witness By: _ Dated: Approved as to form and Legal sufficiency: Scott Teach Assistant County Attorney Im McDonald Transit Associates, Inc. By: Title: Dated: OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Diane Flagg, ATM Director Attest: Norman Feder, Administrator Transportation Services Division Frank Halas, Chairman Dwight E. Brock, Clerk Attest as to Chairman's signature only Agenda Item No. 1662 September 26, 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16132 Item Summary: Recommendation to approve an amendment to Contract 05 -3645 Consolidated Management Contract for the Collier County Fixed Route and Peratranslt systems. Meeting Date: 912612006 9:00:00 AM Prepared By Lisa Hendrickson Senior Planner Date Transportation Services Alternative Transportation Modes 9/512006 10:58:13 AM Approved By Lisa Hendrickson Senior Planner Date Transportation Services Alternative Transportation Modes 9/7/2006 9:07 AM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 9/11/2006 10:04 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 9/11/2006 1:54 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 911112006 2:33 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 9H 1/20064:19 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 9!1212006 8:51 AM Approved By Barbara LaPierre ManagementlBudget Analyst Date Transportation Services Traffic Operations 911212006 9:34 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 911212006 2:23 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 911212006 3:09 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1312006 8:11 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9!1512006 9:04 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/15/2006 11:20 AM EXECUTIVE SUMMARY Agenda Item No. 16133 September 26, 2006 Page 1 of 5 Recommendation to award bid #06 -4033 "U.S. 41 Tamiami Trail North Phase I & II Water Source Conversion" to Hannula Landscaping, Inc. with a base amount of $59,999.58 and alternates in the amount of $44,195.00 for a total base bid of $104,194.58 with a 10% contingency of $10,419.45. (Project #601551) OBJECTIVE: To convert the water source from potable water to effluent water on U.S. 41 North Phase I & II (Pine Ridge Road to Vanderbilt Beach Road). CONSIDERATION: On July 28, 2006, the Purchasing Department sent notices to 59 vendors for bid 406 -4033 "U.S. 41 Tamiami Trail North Phase I & II Water Source Conversion ". On August 30, 2006, two (2) bids were received and opened. The bid submitted by Stahlman England did not include the Material Manufacturers list which is a required bid document. The bid was therefore deemed non - responsive. Staff reviewed the unit pricing on the bid tab, and Hannula Landscaping, Inc. was the lowest, qualified bidder. The bid award includes the award of landscape and irrigation materials items I -IV in the amount of $59,999.58 and the award of bid Alternates V in the amount of $44,195.00 for a total base bid of $104,194.58. With a 10% contingency of $10,419.45, the total amount needed to complete this project is $ 114,614.03. FISCAL IMPACT: The total amount needed to complete this project is $ 114,614.03. Funding for this project is available in Landscape Fund (112) project (60155 1) "US 41 North Gulf Park to VBR -Phase II" in the amount of $65,000.00 and project (600961) "US 41 Seagate Drive to Gulf Park Drive -Phase I" in the amount of $49,614.03 This project (FM #419239 -1: Landscaping- Conversion to effluent water system) is part of a Local Agency Program (LAP) Agreement in the amount of $50,000.00 for construction which will be reimbursed after completion of project. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board award bid #06 -4033 "U.S. 41 Tamiami Trail North Phase I & II Water Source Conversion" to Hannula Landscaping, Inc. and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared by: Pamela Lulich, RLA, Landscape Operations Manager, Alternative Transportation Modes Attachment: Bid Tabulation #06 -4033 Agenda Item No. 1663 September 26, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1663 Item Summary: Recommendation to award bid #06 -4033 U.S. 41 Tamiami Trail North Phase I & II Water Source Conversion to Hannula Landscaping, Inc. with a base amount of $59,999.56 and alternates in the amount of $44,195.00 for a total base bid of $104,194.58 with a 10% contingency of $10,419.45. (Project #601551) Meeting Date: 9/26/2006 9:00:00 AM Prepared By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 91512006 11:25:03 AM Approved By Pamela J. Lulich Project Manager Date Transportation Services Alternative Transportation Modes 9/5/2006 11:24 AM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 9/612006 8:24 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 902006 11:17 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 9/612006 11:44 AM Approved By Key Luongo Grants Coordinator Date Transportation Services Transportation Admin 9/612006 12:56 PM Approved By Gloria Herrera Management/Budget Analyst Date Transportation Services Stormwater Management 9/712006 7 :56 AM Approved By Steve Carrell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 9/1012006 4:16 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 9112/2006 9:21 AM Approved By Norm E. Fader, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9112/2006 2:32 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/12/2006 3:13 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911312006 8:42 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/1812006 1:53 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9116!2006 8:02 PM Commissioners 0 O 0 O t7 M m J =i Q.. a 7 d1 c (C 11. a/ C N N a ° w w a E a w G N U Z o F o_ c 0 m W Q If a z a, z o . O v� a :3 O v O as ac: W Z E O E Lu C N y d W m � a w a ro Q F- m cn N M r O O) i4 CO co It O) r co I r-_ m ti M LQ Iq N lC I� co ( O h r in CG O vi I CiIOI 0 I- I W W W m O M LO V m U) cn ° ° Uo °o r °o O N � O C o° Oo U a_ ouiow o = Cfl O I� 00 O P! 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LO o0 LO C14 0 .+ cc0 M N N d! V C ~ ° ° LLD W cr) co o 0 ° un C_ co 10 rn M c7 N N = O O O O LO co O too = Mccc) �� 0 � V N iT C. F tri o ° rn v ti v C C Q N C V x C W W w J J Q p Dc Qzc=n a � O w W uJ W W CD0of m a m �a =W C >N�' c 0 :r '9 , ,�2 ~ W; co a r O ; E zzpW: =CLLDp - W Q- -F-<o o 0< >> w _j v w d Q z c — �LEa zo V c W Z C 0RaJ wv ��cUi� z-UWcnco H Q d Ix UO Q D W N th Z >- } Z Z r } Z G ` m 43 0 O CL f d7 == ul co n 2M- 0 « Q W 10 a G 0 CV a U O O m� E ro o a m � G 0 QU tm y G N tU OL 0 m s g' '0 v O O ! b N O t m E m m 'm r c a C V O N m Q V m ID ID c IV U d m c I O m L m U C 0 e c m 0 m m N 0 � m N W v !? a L E O � m W m E Z E N 9 m c sR E m c CL O c N L m O a Agenda Item No. 1664 September 26, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board approve a Locally Funded Agreement with the Florida Department of Transportation for the design of the Cocohatchee Bridge replacement project on Vanderbilt Drive in the amount of $177,409. This represents half of the negotiated design cost increase with the Florida Department of Transportation District One office picking up the other half of the cost increase. OBJECTIVE: To authorize the Chairman to enter into an agreement with the Florida Department of Transportation (FDOT). This agreement is to fund half of the design cost increase with the other half coming from the FDOT District One office. CONSIDERATION: The design phase for the replacement of the Cocohatchee Bridge is programmed for this fiscal year and a Consultant has been selected to do this work. The design has been programmed for several years and the construction phase was originally sought due to the bridge condition being rated below the acceptable sufficiency rating where the Department advises that rehabilitation or reconstruction be pursued. Unfortunately, over time the bridge slipped a few years because it had some minor rehabilitation that caused a higher sufficiency rating, such that it did not rank as high as other bridges in the State that it competes for to obtain funding. . The FDOT had previously programmed $700,000 for this work but the negotiated design cost has increased to $1,054,817. The FDOT Bridge Office (in charge of bridge replacement projects) advised the FDOT District Office that if the shortfall was not overcome, then the project would be cancelled. The FDOT District Office and Collier County staffs have agreed to split the increased design cost to keep the project moving and the attached agreement and resolution documents this for the Board's consideration. FISCAL IMPACT: A budget amendment is needed to transfer $177,409 from gas tax reserves to fund the County portion of this project. GROWTH MANAGEMENT: This project is consistent with the County's Growth Management Plan and the MPO's Long Range Transportation Plan. RECOMMENDATION: That the Board approve the Locally Funded Agreement and resolution authorizing the Chairman to enter into and execute the agreements with the Florida Department of Transportation and approve the necessary budget amendment. Prepared By: Donald Scott, Transportation Planning Director Attachment: Resolution & Agreement Agenda Item No. 16r34 September 26, 2006 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B4 Item Summary: To seek Board approval of a Locally Funded Agreement with the Florida Department of Transportation for the design of the Cocohatchee Bridge replacement project on Vanderbilt Drive in the amount of $177,409. This represents half of the negotiated design cost increase with the Florida Department of Transportation District One office picking up the other half of the cost increase. Meeting Date: 9/26/2006 9:00:00 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 91812006 2:35 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 9111!2006 2:27 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 911112006 3:14 PM Approved By Gloria Herrera Management/Budget Analyst Date Transportation Services Stormwater Management 9112/2006 9:28 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 911212006 2:42 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 911212006 3:18 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management 8 Budget 9/13/2006 8:49 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 9/14/2006 12:35 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9118;2006 2:44 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911912006 5:17 PM Commissioners Agenda Item No. 16B4 September 26, 2006 Page 3 of 6 RESOLUTION NO. 2006 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, IN SUPPORT OF ENTERING INTO AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN OF THE COCOHATCHEE BRIDGE REPLACEMENT ON VANDERBILT DRIVE WHEREAS, the Cocohatchee Bridge Replacement design and construction phases have been programmed by the Florida Department of Transportation to solve a detriorating bridge condition rating and obsolete structure; and WHEREAS, the Board has tried to get the bridge project moving for several years to address the condition and the lack of bicycle and pedestrian facilities; WHEREAS, the FDOT had programmed $700,000 for the design that has now increased to $1,054,817; and WHEREAS. the FDOT has agreed to split the additional cost 50 %150% to get the bridge project moving forward; and WHEREAS, the Board finds that it is in the public interest for the County to enter into the Locally Funded Agreement pursuant to the terms and conditions contained in the agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; The Board of County Commissioners approve the Locally Funded Agreement with the Florida Department of Transportation and authorize Chairman, Frank Halas, to execute the Agreement. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of .2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Deputy Clerk Frank Halas, Chairman Approved as to form and legal sufficiency: Scott Teach Assistant County Attorney Agenda Item No. 1684 September 26, 2006 Page 4 of 6 FM # 408440 132 01 LOCALLY FUNDED AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This is an Agreement between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter, "DEPARTMENT ") and COLLIER COUNTY (hereinafter, "COUNTY ") for CR 901 AT VANDERBILT DRIVE BR 030176 COCOHATCHEE RIVER WITNESSETH 1. WHEREAS, the DEPARTMENT'S has included in it's Five Year Work Program the CR 901 at Vanderbilt Dr BR 030176 Cocohatchee River bridge replacement design phase scheduled for fiscal year 2006/2007; and 2. WHEREAS, the DEPARTMENT has $700,000 programmed for design. The negotiated design cost has increased $354,817 to $1,054,817. 3. WHEREAS, the COUNTY is willing to provide 50% of the negotiated design cost increase of $177,409. 4. WHEREAS, the COUNTY, by Resolution dated the _ day of , 2006, a copy of which is attached hereto and made a part hereof, has authorized its Chairman of the Board of County Commissioners or designee to enter into this Agreement. NOW THEREFORE, in consideration of the mutual benefits to be derived from joint participation in this Agreement, the parties agree as follows: 1. The COUNTY agrees that it will, upon execution of this agreement, furnish the DEPARTMENT a lump sum non - reimbursable deposit in the amount of ONE HUNDRED SEVENTY SEVEN THOUSAND FOUR HUNDRED NINE DOLLARS ($177,409.00) for full payment of one -half of the project design cost increase. The deposit shall be made payable to the FLORIDA DEPARTMENT OF TRANSPORTATION and mailed to: Florida Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399 Attention: LFA Section — MS 42B A copy shall be sent to: Karen Miracola, District One LFA /JPA Coordinator Florida Department of Transportation P.O. Box 1030 Fort Myers, Florida 33902 -1030 Agenda Item No. 16134 September 26, 2006 Page 5 of 6 FM # 408440 132 01 COLLIER COUNTY Page 2 of 3 2. Failure of the COUNTY to deposit said amount within the time frame specified above shall be grounds for termination of this Agreement. 3. All costs, records and accounts may be subject to audit by a representative of the PARTICIPANT within three (3) years after final closeout of the project. No separate records will be kept by the DEPARTMENT. 4. This Agreement shall continue in effect and be binding on the parties until the PROJECT is completed. 5. All tracings, plans, specifications, maps and /or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. 6. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. 7. The COUNTY shall indemnify, defend, and hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the COUNTY, its agents, or employees during the performance of this Agreement, except that neither the COUNTY, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT or any of its officers, agents, or employees during the performance of this Agreement. 8. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 9. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document and executed by both parties. Agenda Item No. 16B4 September 26, 2006 Page 6 of 6 FM # 408440 132 01 COLLIER COUNTY Page 3 of 3 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chairman of the Board of County Commission or its designee, as authorized by Resolution Number , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee. This Agreement shall become effective on: COLLIER COUNTY, FLORIDA ATTEST CLERK (Seal) CHAIRMAN DATE PRINT NAME DATE COLLIER COUNTY. LEGAL REVIEW: BY: DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST BY: EXECUTIVE SECRETARY (SEAL) DISTRICT ONE SECRETARY OR DESIGNEE PRINT NAME DATE PRINT NAME DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: DATE Agenda Item No. 16B5 September 26, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to receive Board approval for the use of S25,000 from the previously approved Southwest Florida Expressway Authority budget for expenses including the hiring of a Certified Public Accountant on a part time basis to set up a financial system and handle the finances for the Authority. OBJECTIVE: The objective is to gain Board approval to use $25,000 of the previously approved $150,000 budget for Authority Board expenses including the hiring of a Certified Public Accountant to set up the Southwest Florida Expressway Authority's financial system and handle the finances. CONSIDERATION: The Southwest Florida Expressway Authority was created under House Bill 401 that was signed by Governor Bush last year with the single purpose of trying to get tolled express lanes on I -75 (i.e. more than the six lanes that are currently programmed) in Collier and Lee Counties. The bill provided no funding for the Southwest Florida Expressway Authority and to date staff for Lee and Collier Counties have been providing the necessary support services. At Collier's July 25th BCC meeting, and at Lee's August BOCC meeting, the two Boards authorized $300,000 ($150,000 each) budget to be used to get the Toll and Revenue Study done. The Toll Authority Board and staff are now asking to use $50,000 ($25,000 from each County) of the $300,000 for Southwest Florida Expressway Authority expenses including the hiring of a Certified Public Accountant to set up a financial system and handle the finances for the Authority on a part time basis. FISCAL IMPACT: While no additional funding for the Expressway Authority is requested at this time, the use of funds has been altered to include the hiring of a part time CPA. From the current commitment of $150,000 - $25,000 would be allocated for retaining a CPA. Funding for the Expressway Authority came from General Fund (001) reserves with the actual expense budget set up within the general administrative cost center (100190). GROWTH MANAGEMENT: The widening of I -75 to ten lanes is consistent with the County's Growth Management Plan and the MPO's Long Range Transportation Plan. RECOMMENDATION: That the Board approves the use of $25,000 from the previously approved Southwest Florida Toll Authority budget for expenses. Prepared By: Donald Scott, Transportation Planning Director Agenda Item No. 1685 September 26. 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ---� Item Number: 1685 Item Summary: Recommendation to receive Board approval for the use of $25,000 from the previously approved Southwest Florida Expressway Authority budget for expenses including the hiring of a Certified Public ACCOUnlanl on a part time basis to set up a financial system and handle the finances for the Authority. Meeting Date: 9126/2006 9:00.00 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 9111/2006 12:41 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 911112006 2:30 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9112/2006 2:50 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 9/12/2006 3:07 PM Approved By Pat lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/1212006 3:24 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2006 9:04 AM Approved By Mark isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9!1512006 10:23 AM Approved By James V. Mudd County Manager Dale Board of County Commissioners County Manager's Office 9115/2006 5:10 PM Agenda Item No. 16136 September 26, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award Contract #06 -3969 "Annual Fixed Term Professional Engineering Services" to eight (8) firms. OBJECTIVE: To obtain Board approval of the new annual professional services contracts for "Professional Engineering Services ". CONSIDERATIONS: The annual professional services contracts are utilized by staff to create an extension of abilities. A Request for Proposal (RFP) was issued for the purpose of establishing a group of pre - qualified firms capable of providing "Professional Engineering Services" to the County under a continuing annual contract. Firms were pre - qualified by RFP #06 -3969. The RFP was issued in accordance with Florida Statutes, Section 287.055, Consultant Competitive Negotiation Act, and was publicly advertised April 19, 2006. Notices advertised and responses were received from twenty -two (22) firms by the due date of May 26, 2006. A selection committee meeting was held August 2, 2006. Following review, scoring, and discussion of proposals from the RFP, a consensus of the members of the selection committee selected and ranked the top eight (8) firms for annual contract. The selected firms are: 1. CH2M Hill 2. Agnoli Barber & Brundage 3. TBE Group 4. PBS &J 5. Wilson Miller 6. Q. Grady Minor 7. Stanley Consultants, Inc. 8. PitmanOHartenstein & Associates Contract negotiations have been successfully completed by staff for the eight (8) short- listed firms at this time. All eight (8) firms will be set to a standardized fee schedule for their services, which staff believes will provide the opportunity for an equitable and fair distribution of work. FISCAL IMPACT: Work orders will be issued and approved in accordance with the Board of County Commissioners' purchasing policy. Funding will come from the individual departments that utilize the contract. GROWTH MANAGEMENT IMPACT: The adopted Collier County growth management plan will be followed as required. Agenda Item No. 1666 September 26, 2006 Page 2 of 3 RECOMMENDATION: That the Board of County Commissioners approves the negotiated contracts with the eight (8) top ranked firms, and authorize the chairman to sign each standard County Attorney approved agreement. Prepared By: Michael A. Greene, E.1., Project Manager Agenda Item No. 1666 September 26, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS " Item Number: 16B6 Item Summary: Recommendation to award Contract #06 -3969 Annual Fixed Term Professional Engineering Services to eight (8) firms Meeting Date: 9;2612006 9:00:00 AM Prepared By Michael Greene Project Manager Dale Transportation Engineering & Transportation Services Construction Management 91712006 2:21:42 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 918;2006 8:17 AM Approved By Gary Putaansuu Senior Project Manager Date Transportation Engineering and Transportation Services 9/812006 2:45 PM Construction Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 9/1112006 1:27 PM Approved By Michael Greene Project Manager Date Transportation Engineering & Transportation Services 9!11!2006 4:70 PM Construction Management Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 911112006 4:22 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9112!2006 1:52 PM Approved By Najeh Ahmed Director Date Transportation Engineering 8 Transportation Services 911212006 2:26 PM Construction Management Approved By Steve Carneli Purchasing /General Svcs Director Date Administrative Services Purchasing 91212006 3:32 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9112!2006 3:40 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management 8 Budget 911312006 8:10 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9118/2006 8:27 AM Approved By James V. Mudd County Manages Date Board of County County Manager's Office 911812006 5:40 PM Commissioners Agenda Item No. 16137 September 26, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to award Bid No. 06 -4036 to Quality Enterprises USA, Inc. for construction of the Avalon School Drainage Ditch Project, Project Number 511071 in the amount of $419,485.25. OBJECTIVE: To receive Board approval to award a contract to proceed with the Avalon School Drainage Ditch Project for $419,485.25 as per plans and specifications to the lowest bidder, Quality Enterprises USA, Inc. CONSIDERATIONS: The bid was advertised on July 31, 2006 in the Naples Daily News and notices were sent to 269 vendors. On August 31, 2006, four (4) bids were received and reviewed by the Stormwater Management Department in conjunction with the Purchasing Department. Responses were received from the following firms: Douglas N. Higgins, Inc., Quality Enterprises USA, Inc., Alliance Steel Construction, Inc., Wright Construction Group. The project is located in portions of Section 23, and 24, Township 50 South, Range 25 East, in Collier County, Florida. The project site lays along a 1,920 ft. long drainage easement, west of the Avalon Elementary School and East Naples Community Park, south of Thomasson Drive and North of Holly Avenue in Naples. The project proposes to replace the existing ditch and old stormwater sewers adjacent to the Avalon Elementary School with a new pipe system. Remove vegetation from the ditch south of the school and adjacent to the Community Park in order to maintain flow. Construct an overflow weir between the ditch and the existing lake located west of the park to prevent debris from entering the lake, as well as reshape the ditch bank and relocating the segment south of the lake, in order to tie into the future Sabal Bay development, and provide a maintenance access strip for County maintenance crews. These improvements will provide better water quality prior to discharge, as well as flood protection within the watershed. The existing pond will be fitted with an improved outfall, which will provide a net water quality improvement as well as additional storage and attenuation. The Purchasing Department has reviewed the bids received and recommends awarding the construction contract to Quality Enterprises USA, Inc. as the lowest, qualified and responsive bidder. FISCAL IMPACT: Funding in the amount of $156,642.46 is available in Fund 301 Avalon School Drainage Program (511072). Funding in the amount of $ 72,842.79 is available in Fund 325 Avalon School Drainage Program (511071). To provide funding for construction, a Budget Amendment is needed to transfer $ 190,000.00 from project number 510075, County Wide Swales, into Fund 325 Avalon School Drainage Program (511071). The source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. Agenda Item No. 16137 September 26, 2006 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners award Bid No. 06 -4036 to Quality Enterprises, USA, Inc.; authorize the Board Chairman to execute a standard, County Attorney approved contract with Quality Enterprises USA, Inc.; and approve any necessary budget amendments. Prepared By: Gianfranco Nicolaci, Project Manager, Transportation Services Division, Stormwater Management Department Attachments: (1) Project Location Map; (2) Bid Tab Agenda Item No. 1687 September 26, 2D06 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16137 Item Summary: Recommendation to award Bid No. 06 -4036 to Quality Enterprises USA. Inc. for construction of Avalon School Drainage Ddch Project, Project Number 511071 in the amount of $419.485.25. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Gianfranco Nicolaci Project Manager Dale Transportation Services Stormwater Management 9/8/2006 11:58:47 AM Approved By Eugene Calvert Principal Project Manager Date Transportation Engineering and Transportations Services 918!2006 12:29 PM Construction Management Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 9/8/2006 1:20 PM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Services Transportation Administration 918/20064:09 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 9/8/2006 4:31 PM Approved By Gerald Kurtz Senior Engineer Date Transportation Services Stormwater Management 9111/2006 11:22 AM ^ Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 911112006 4:57 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 911212006 6:02 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/1312006 6:49 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9113/2006 9:02 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 911412006 9:08 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9115/2006 9:45 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 90512006 5:59 PM Commissioners SUNSET AVE LAKE AVE ti Z STORTER AVE VAN BUREN AVE LINDA DR MOORHEAD MNR O W a Agenda Item No. 1687 5e temoer 2b, 2UU6 COLLIER COUNTY age 4 of BOARD OF COUNTY COMMISSIONERS PROJECT No. 511072 AVALON SCHOOL DRAINAGE PROJECT LOCATION MAP ENCHANTING BLVD COTTAGE GROVE AVE KAREN DR REPUBLIC DR O W z O COLONIAL DR c a Q m PINE TREE DR ANDREWS AVE o� �s so 2a PROJECT LOCATION EXHIBIT No: SECTIONS: 13,14, STORMWATER MANAGEMENT DEPARTMENT I 23,24 TOWNSHIP:50 S 2885 SOUTH HORSESHOE DRIVE „NAPLES, FLORIDA 34104 RANGE:25 E PHONE:239- 774 -8192, FAX:239- 659 -5790 0 500 1,000 AUGUST.2006 PROJECT MANAGER: GIANFRANCO NICOLACI I Feet GUILFORD RD LUNAR ST U ti JEEPERS DR �e DALE AVE BOTANICAL PLACE CIR ��Q cr CINDYAVE �J D Q MOHAWK PL O Z J ? Q Q J p = z MINDI AVE Z O t m z ROSEAVE Q � O WR Oj T, ,1,.,,, 11,,,.1 , ,. COTTAGE GROVE AVE KAREN DR REPUBLIC DR O W z O COLONIAL DR c a Q m PINE TREE DR ANDREWS AVE o� �s so 2a PROJECT LOCATION EXHIBIT No: SECTIONS: 13,14, STORMWATER MANAGEMENT DEPARTMENT I 23,24 TOWNSHIP:50 S 2885 SOUTH HORSESHOE DRIVE „NAPLES, FLORIDA 34104 RANGE:25 E PHONE:239- 774 -8192, FAX:239- 659 -5790 0 500 1,000 AUGUST.2006 PROJECT MANAGER: GIANFRANCO NICOLACI I Feet I— CD L a g O O 0 ci V Iii C � � O f6 � Ern E U co '0 Q E Q) 3 a) U7 cm d c N N N m W 7 Q 0 0 0 0 0 0 a 4sti € QQ r an N W ^"' y , n O q A C O C O V 7 J O m N 13 Z c a L m U to � y C o U W � O O W a. O N U O W O R > W u c Q r � r fA N b N N E C J Q LW N v R a N O Myy 11f M b r 46 N Q F- H Z ii d a S S O 01 OV < fD 1A V te co N t O 'o N N o r c � J Q N 0 0 0 0 0 0 0 p 8 QQ v n an N W O N O O M O W O O W a. 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C 7 H O N H �W M a TH � H.. td y ILA H H N -, H H 4p O pp pp pC pp A et S S o o S S 8$ 8 S 8$$ S$ 8 S 8 8 S 8$ S S$ S o L) 01 LD S v S 0 0 (O $ O O Of v M 0 0 rV O O W O N V O N N 47 O M H m 1D N `7 � O f� M N IA N V' W H N W W M LA (p V dl M (A H W O yy 47 (O O N co N h H N Of N W A O M N V H N N H H H (J O 0 O 0 yy N) W N Ln N O N O1 01 W O) O M p O O M O O S O O O W_ co N O pp O O ep{ a0 q cV .- O M aD H 7 W H N H IA LO H r- N W N N N W H H N N O IA M H f9 M N - H N 7 co 469 WN N cd N c) "t � � N N N �• O M O N .- N V1 lD r M t� �- �-- O N N o M o o O (Y Ln M N O Of W O) O N 11 C J J J J J J W J J J J J w w U? J (A M J [A J fA U U W W FJ,J W N cr l0 Cl) O O W W W N U N O H a a D W 0 __ N n W W N _ :-p W G W y C U C C W U A m W c c j •� 3' 4) N � N fD w W LL C O Lt fn F L U O U U O O W V) O a O a fA c Y N W U W 'W V V o a a° L Z! > m U W Iq W y y V' c uj N W U G L U L o c m m r m w w E U U m m W y aDi a°� W in o cn m `m c'n di g q c m W W m .tl W a a v c> c c6 m m F- v W U U U= m c W a W a o c a c YW E' W c a a c� N_ > c E g r2 F- h cA U ir w W F- U W 0 O� N Cl) O N > IL N w L E N V d d d N d I A P d cl O 1O v O 6 N 4 6 O Lb W C O O O O O N N M M O < V O C N O N V N d M K M 7 M V Cl) V O lA N N N W N o Cl) N M IA In lA 1� N r � r fA N b N N E C J Q LW N v R a N O Myy 11f M b r 46 N Q F- H Z ii d a S S O 01 OV < fD 1A V te co N t O 'o N N o r c � J Q N Agenda Item No. 16BS September 26, 2006 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve a work order in the amount of $688,000 to Aquagenix for the 2006 Australian Pine Removal Project (Project Number 51501) under Contract 03 -3568 "Annual Contract for Countywide Exotic Vegetation Removal" and approve the necessary budget amendment. OBJECTIVE: To receive Board approval of a Work Order for the 2006 Australian Pine Removal Project to Aquagenix in accordance with the Annual Contract for Countywide Exotic Vegetation Removal, Contract Number 03 -3568 and approve the necessary budget amendment. CONSIDERATION: For several years the Stormwater Management Department of the Transportation Services Division has defined and supported the need to maintain an annual effort to eradicate exotic vegetation growing along numerous miles of County maintained drainage canals, ditches, and lakes. When growing along a canal bank, Australian pine trees have a tendency to out -grow the support provided by their root system. This situation can pose a threat of personal injury and property damage, as these trees are prone to topple over in moderate to high winds. These trees have the potential to block flows in the drainage system if they were toppled into the ditches or canals. Some Australian Pines have purposely been planted; however, most of these trees have established themselves along the high water line adjacent to the secondary drainage system. Removal of these trees will improve properties by reducing the risk of personal or property damage should these trees topple over in high winds. Australian pine trees are declared a public nuisance by Collier County Ordinance 99 -51 when located in or adjacent to right(s) -of -way, canal(s), and easements. They are also designated "Prohibited Aquatic Plants" by the Department of Environmental Projection as referenced in Chapter 62C -52, Florida Administrative Code. Throughout the County many locations contain hundreds of trees that should be eradicated. Three (3) work site locations were chosen for eradication sites. Quotes were received for all three sites, but budget restraints reduced the number of areas to be cleared to one site. This year's project is located in the Hunter /Tahiti/Lucerne Canals in Golden Gate City. The site is adjacent to canal and ditch banks located within County drainage easements. This proposed work will also target any other exotic vegetation found among the Australian pine trees at each site such as Brazilian Pepper and Melaleuca. Pursuant to completing this project, staff solicited price quotes from each of the five firms pre - qualified under the "Annual Contract for Countywide Exotic Vegetation Removal ". We have received very little response from the contractors on the annual contract list for the —. past few years. Aquagenix has provided quotes for the past two years and have been awarded the contract. The work that was completed was excellent, on budget and on Agenda Item No, 16138 September 26, 2006 Page 2 of 10 time. The contract requires quotes from three contractors which can include No Quotes. The Purchasing Department has approved the quote and two No Quotes to satisfy the contract requirements. The following is a summary of the quotes received: SUMMARY OF QUOTES Name of Company Amount of Quote NaturChem, Inc. No Quote Aquatic Weed Control, Inc. No Quote Aquagenix $688,000 FISCAL IMPACT: Funding in the amount of $500,000 is available in Fund 325 Australian Pine Removal Program (Project No. 51501). A budget amendment is needed to transfer $188,000 from project number 51007, County Wide Swales, into Fund 325 Australian Pine Removal Program to finance the entire 2006 phase of this project. The source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT: The Australian Pine Removal project is in accordance with the goals and objectives of the Drainage Sub - element of the Growth Management Plan for Collier County Stormwater Management. RECOMMENDATION: That the Board of County Commissioners approve issuance of a work order to Aquagenix in the amount of $688,000 under contract 03 -3568 and direct the Board Chairman to execute Contract Number 03 -3568 with Aquagenix and approve the necessary budget amendment. Prepared By: Margaret A. Bishop, Senior Project Manager, Stormwater Management Department Attachments: (1) Location Map, (2) Work Order, (3) Quote Agenda Item No. 1668 September 26, 2006 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1668 ..� work order in the amount of $688.000 to Aquagenix for the Item Summary: Recommendation to approve a 2006 Australian Pine Removal Project (Project Number 51501) under Contract 03 -3568 Annual Contract for Countywide Exotic Vegetation Removal and approve the necessary budget amendment. Meeting Date: 512612006 9A0.00 AM Prepared By Margaret A. Bishop Project Manager Date Transportation Services Stormwater Management 91512006 11:26:27 AM Approved By Margaret A. Bishop Project Manager Date Transportation Services Stormwater Management 91512006 11:20 AM Approved By Eugene Calvert Principal Project Manager Date Transportation Engineering and Transportations Services Construction Management 91512006 3:30 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 91812006 8:41 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 9/812006 11:43 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 9/1112006 1:49 PM ~ Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 9112/2006 8:51 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/12/2006 1:39 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 911312006 3:31 PM Approved By Pat Lanai Executive Secretary Date Transportation Services Transportation Services Admin 9!1312006 4:46 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1412006 6:14 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 9114/2006 8:36 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911512006 9:16 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911512006 10:11 AM Commissioners Aqenda Item No. 16B8 COLLIER COUNTY Page 4 of 10 BOARD OF COUNTY COMMISSIONERS PROJECT No. 51501 2006 AUSTRALIAN PINE REMOVAL PROJECT LOCATION MAP GREEN BLVD CT Ara' 16TH PL SW O 16TH PL SW GREEN CANAL C a17TH AVE SW a 17TH AVESW 2 m 17TH AVE SW y ( Z Q O :_. 17TH PL SW j W y 2 5� ti - a } W )- m ti Z +� TAHITI CANAL lo x a �G� AVE B� c �+ <: PL SW e "3� �BS� 18TH d ¢ Z% �� 4� AREA 2 19TH CT SW 19TH PL SW h�y� SUNSHINE CANAL HUNTER BLVD �? 20TH AVE S 20TH PL SW co 'A a AREA 1 Q HUNTER CANAL m y z TAHITI CANAL LUCERNE dNAL cc x W Z 22ND AVE SW W w o LUCERNE CANAL a x z p z"z r y 22ND PL SW v JTa 22ND PL SW - *t a V `�__� 23RD AVE E 5W A s~ 23RD PL SW W z 23RD AVE i z co :I:u w Ir 23RD CT SW x Z 0 ~ 24TH AVE SW yCORONADO PKWY �G. % ALLAY AREA 3 25TH AVE SW SUNRISE CANAL ° VSO 5� ryy�� 0 � SpA -9 26TH PL SW J SW llpv 26TH AVE �Q� 5l� 2j.(vj S� i o 28TH AVE SW 10 45 2 z 3 v� pL S W P STN Lo n 2 le SW M CO c') e� W 29TH y y 29TH PL SW 30THAVESWu5,a k Z 3 3 rn FZ co T c" co co `n W Z TROPICANA CANAL 30TH PL SW C V- v1 ti ti J a Fx- n I-. y F. u) .. �s " ti 'y O s y 31STAVE SW O Z rn ti -u, x x y ti ti v° 2 ? - , 31ST PL SW a c a r co Z a 32ND AVE SW 32ND AVE SW CA a GO EN GATE CANAL &EGREATION LN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TRANSPORTATION SERVICES DIVISION Legend STORMWATER MANAGEMENT DEPARTMENT 2885 SOUTH HORSESHOE DRIVE �i BOAT RAMPS ■ NAPLES, FLORIDA 34104 239 774 -8192 PARCELS o 1,000 2,000 PROJECT MANAGER: MARGARET BISHOP PARCELS - COUNTY � � DATE: AUGUST.2006 Feet WORK ORDER # DAB -FT- 3668 -06 -12 Agenda Item No. 16B8 "Agreement for County Wide Exotic Vegetation Removal" September 26, 2006 Dated October 1, 2003 (Contract # 03 -3668) Page 5 of 10 This Work Order is for Exotic Vegetation Removal, subject to the terms and conditions of the Contract referenced above, for work known as: PROJECT: 2006 Australian Pine Removal Project, Project No. 61601 This year's project is comprised of one (1) work site located adjacent to 501h Terrace SW and 51St Street SW in Golden Gate City. The site is generally found adjacent to canal and ditch banks located within County drainage easements. The work is specified in the proposal dated August 28. 2006 from DeAngelo Brothers, Inc. dba Aquagenix, which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # DAB -FT- 3668 -06 -12 is assigned to DeAngelo Brothers, Inc. dba Aquagenix. Scope: Contractor to supply labor and material. Schedule of Work: Complete within 180 days from the notice to proceed date. The effective start date of the project will be given in the Notice To Proceed. The contract period can be increased accordingly for additional contingency work or rain delays. Compensation: The County will compensate the Firm in accordance with the amount provided in the attached schedule. TOTAL FEE $688,000.00 (see attached for bid form breakdown) Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: Margaret A. Bishop, P. E., Sr. Project Manager Date Transportation Services Division, Stormwater Management Department REVIEWED BY: Eugene Calvert, P.E., Director Date Transportation Services Division, Stormwater Management Department APPROVED BY: Norman Feder, A.I.C.P., Administrator Date Transportation Services Division ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Frank Halas, Chairman ACCEPTED By: DeAngelo Brothers, Inc d /b /a Aquagenix ATTEST: By: Signature of FIRST WITNESS Name of FIRST WITNESS Signature of SECOND WITNESS Name of SECOND WITNESS Approved as to Form and legal sufficiency: Assistant County Attorney Printed or typed name and title G'. H \2006 BCC Agendas4StormwaterlSept. 26, 20061Bishop\WO Australian Pine 2006.doc 915!2006 Agenda Item No. 1688 Australian Pine Removal Project - August 1, 2006 r,j SegVage 6,,.,2006 of 0 (� �`` LNL�� FROM: Aci„agPn; x 12731 Metro Parkway Pt _ MyarQ _ FT 2 91 2 DUE: Monday, August 28, 2006 @ 4:00 p.m. Board of County Commissioners Stormwater Management Department Transportation Services Division 2885 South Horseshoe Drive Naples, Florida 34104 RE: "2006 Australian Pine Removal Project" Dear Commissioners: The undersigned, as vendor, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to the work to be done for furnishing all labor and equipment to perform complete exotic vegetation removal per the attached specifications. The vendor further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Proposal; and it is all respects fair and in good faith, without collusion or fraud. The vendor proposes and agrees, if this Proposal is accepted, to contract with the County furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: See Attached Schedule Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be considered and computed in the tabulation of the Quotes. In no instance should terms for less than 15 days payment be offered. Prompt Payment Terms: ---% - -- Days; Net 30 Days Addenda received (if applicable): #1 #2 #3 Proposal continued on next page.... Agenda Item No. 16BS Australian Pine Removal Project - August 1, 2006 Sept ¢yr 2006 QUOTE CONTINUED SCHEDULE 2006 Australian Pine Removal Project Proposed Work Sites Agenda Item No. 16138 Australian Pine Removal Project - August 1, 2006 SepJdEUn G?f, 2006 Page i of 10 QUOTE CONTINUED The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 28th day Of August , 2006 in the County of Lee , in the State of FL -- Aana Pnix Firm's Complete Legal Name Check one of the following: Sole Proprietorship xx Corporation or P.A. Limited Partnership General Partnership Phone No. 2 -9q_Sh1_1420 FAX No. 239_561_2881 12731 Metro Parkway Address Ft. Myers, FL 33912 City, State, ZIP BY: George Bowling Typed and Written Signature Sales Manager Title NOTE: If you choose to quote this project, please submit an ORIGINAL and ONE COPY of your proposal pages. nug 23 06 12:1.0p Aquagenix 23951612683 Austtaken Pine Removal Project • August 1, ?.tlOb Collier County Florida insurance Requirements INSURANCE TYPE REQUIRED L,.I1AIi1TS X 1. Workers' Compensation Ag @r ga Item No. 16138 September 26, 2006 Page 9 of 10 Page B of 12 Statutory Limits of Florida Statutes Chapter 440 and all Federal Govemm" Statutory Limits and Requirements X 2. Commercial General Liabirdy Bodily Injury & Property Damage (Occurrence Form) �- patterned a P 1985 I.S.O. W no limiting endorsements. 1000 Single limit NOPer Occurrence X 3. Indemnification: The ContractorNendor, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of 11115 contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by NO—"—r` an empk>yee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of thern. The ContraetorNendor's obligation udder this provision shall not be limited in any way by the agreed upon contract price as shown In this Contract or the Contrac torNendoes limit of, or lack of, sOcient insurance protedion. The first Ten Dollars ($10.00) or money received on the contract price is considered as payment of this obligation by the County, 4. Automobile Liability $500.00 Each Occurrence Owned/Non= ownedlHjred Automobile tnc)uded 5. Other Insurance as indicated below: n/a X 6. Contractor shall Insure that all subcontractors comply with the same insurance requirements that he is required to meet, The same contractor shall provide the County with certificates of insurance meeting the required insurance provisions. AUC 23 06 12:10P Aquagenix 2395612883 AgSAAh Item No. 1668 September 26, 2006 Page 10 of 10 Austraian Pine Removal Projed - August 1, 2006 Page 9 of 12 Collier County Florida Insurance Requirements (Continued) X 7. Collier County must be named as "ADDITIONAL INSURED- on the Insurance Certificate for Commercial General liability. X 8. Collier County Board of County Cornmissi nsrs shall be named as the Certificate Holder. NOTE: The Terlicate Holder" should read as follows; Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 � () -- ._& 9. Thirty (30) Drays Cancellation Notice is required. X 10. The Certificate must refer to contract title. RESPONDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required vidhin five (5) business days of the award of quote. NOTES: &WOW"I"11 . . be _ ' With respect to #2, the Commercial General Liability policy is written on a 2004 ISO Form. It also contains certain eruiorsements. With respect to #3, Indemnification - 'Phis irwkwanification is not limited to coverage provided by the General LiabiRity, specificaDy property damage and bodily h*ry. Further, the General Liability policy will provide indemrrificOion for the contractor's negligence, it will not provide indemnification for Collier Courly s sole negligence or the contributory negligence of Collier County. • With respect to #6, this is a requirement of the contractor, The Graham Company cannot confirm. With respect to #9,30 Days Notice of Cancellation is provided to the contractor with 10 Days Notice for Non - Payment of Premium. Agenda Item No. 16139 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to award Contract 06 -3950 "Geographic Information Systems Services for the Transportation Division" to three professional services firms for a two year term. OBJECTIVE: To receive Board approval for award of professional services contracts to three firms in order for the Transportation Division staff to procure Geographical Information Services specific to this division. Geographic Information Systems is an integral part of the agency's technology infrastructure for planning and growth management for the public's benefit. This new contract will provide enhancement to existing agency data as well as development of new data and standards to locate and track Transportation assets. The services to be provided will include, but not limited to, providing geo- database design, transportation asset collection, maintenance of existing data, data conversion of CAD drawing to GIS, business process analysis relating to GIS workflow, road centerline maintenance, pavement condition analysis, corridor studies and coordinate geometry entry of parcel data for right -of -way and land rights inventory. CONSIDERATION: Request for Proposal 06 -3950 was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiations Act and publicly advertised on March 10, 2006. Notices were sent to 64 firms with 48 vendors requesting full packages. Nine responses were received by the due date of March 31, 2006 and all nine were considered "responsive ". A Selection Committee meeting, composed of representatives from Traffic Operations, Road Maintenance, Transportation Administration and Information Technology, was held on May 10, 2006. After review, ranking and discussion, the members of the committee reached a consensus. Three firms were recommended for contract negotiations and subsequent award. These firms are: Data Transfer Systems 13013 Founders Square Orlando, FL 32828 Jones Edmunds & Associates, Inc. 730 NE Waldo Rd Gainesville, FL 32641 Wilson Miller 3200 Bailey Lane Suite 200 Naples, FL 34105 FISCAL IMPACT: The funding for each work order issued that is assigned under these contracts will come from the Transportation Division. GROWTH MANAGEMENT IMPACT: There is no direct growth management impact resulting from this action. The contracts are consistent with the County's long- term ability to monitor and plan for growth. Agenda Item No. 1689 September 26, 2006 Page 2 of 4 RECOMMENDATION: That the Board of County Commissioners approves the selection of Data Transfer Systems; Jones, Edmunds and Associates, and WilsonMiller for award of this contract and authorize the Chairman to sign the standard, County approved contract. Prepared by: William Baldus, Transportation IT Project Manager Agenda Item No. 1689 September 26, 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -�- Item Number: 1689 Item Summary: Recommendation to award Contract 06 -3950 Geographic Information Systems Services for the Transportation Division to three professional services firms for a two year term. Meeting Date: 9;26;2006 9:00700 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 8;3072006 10:03 AM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 8(301200612:46 PM Approved By Steve Carrell Purchasing /General Svcs Director Date Administrative Services Purchasing 91712006 10:32 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/1212006 1:58 PM Approved By Barry Axelrod Information Technology Director Date Administrative Services Information Technology 9113/2006 4:42 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9/13/2006 4:48 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/14/2006 8:21 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management 8 Budget 911812006 8:31) AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9118;2006 7:32 PM Commissioners Agenda Item No. 16139 September 26, 2006 Paae 4 of 4 SCHEDULE B RATE SCHEDULE 06 -3950 Fixed Term Geographic Information Systems Services Principal $177.00 Project Manager $122.00 Planner $80.00 Senior GIS Specialist $107.00 Senior GIS Technician $85.00 GIS Specialist $62.00 GIS Technician $50.00 Senior GIS Analyst $85.00 GIS Analyst $70.00 Computer Programmer $59.00 Database Administrator $83.00 GIS Programmer /Analyst $85.00 Technician Aid $50.00 3 Person Field Crew $155.00 2 Person Field Crew $125.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed END OF SCHEDULE B Agenda Item No. 16B10 September 26, 2006 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to award Bid #06 -4008, "Immokalee Beautification M.S.T.U/M.S.T.D. Roadway Ground Maintenance" at CR846 (South 1" Street) and SR29 (Main Street) Annual Landscape Maintenance Contract," to Commercial Land Maintenance in the amount of $ 172,006 (Project #630101). OBJECTIVE: Award Bid #06 -4008, "Immokalee Beautification M.S.T.U/M.S.T.D. Roadway Ground Maintenance" at CR846 (South I" Street) and SR29 (Main Street) Annual Landscape Maintenance Contract," to Commercial Land Maintenance. CONSIDERATIONS: On July 28, 2006 the Purchasing Department sent out 59 notices for the "Immokalee Beautification M.S.T.0 /M.S.T.D. Roadway Ground Maintenance" CR846 (South I" Street) and SR29 (Main Street) Annual Landscape Maintenance Contract. On August 15, 2006 a non - mandatory pre -bid meeting was held. On August 30, 2006 two (2) bids were opened. Staff reviewed the bids and recommends awarding Bid 406 -4008 "Immokalee Beautification M.S.T.0 /M.S.T.D. Roadway Ground Maintenance" to lowest, qualified and responsive bidder, Commercial Land Maintenance in the amount of $172,006. Bidder Base Bid Alternate Ground Zero $151,882.80 26,312.00 Commercial Land Maintenance $146,526.00 25,480.00 FISCAL IMPACT: Funds for this contract are budgeted in FY 07 in the MSTD General Fund (112), Project 4630101 in the amount of $172,006. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid #06- 4008, "Immokalee Beautification M.S.T.0 /M.S.T.D. Roadway Ground Maintenance" at CR846 (South I't Street) and SR29 (Main Street) Annual Landscape Maintenance Contract," to Commercial Land Maintenance and approve the purchase order in the amount of $172,006. Prepared By: Darryl Richard, Department of Alternative Transportation Modes Attachment: Bid Tab 406 -4008. Agenda Ilern No. 16810 September 26. 2006 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B10 Item Summary: Recommendation to award Bid #06 -4008. Immokwee Beautification M.S.T.0 /M. S.T.D. Roadway Ground Maintenance at CR846 (South 1st Street) and SR29 (Main Street) Annual Landscape Maintenance Contract. to Commercial Land Maintenance in the amount of $172,006 (Project #630101). Meeting Date: 9126/2006 9:011:00 AM Prepared By Darryl Richard Project Manager Date Transportation Services Alternative Transportation Modes 911112006 4:50:32 PM Approved By Darryl Richard Project Manager Date Transportation Services Alternative Transportation Modes 9/1112006 4:51 PM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 9111/2006 4:53 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 9/1112006 5:26 PM Approved By Gloria Herrera ManagementlBudget Analyst Date Transportation Services Stormwater Management 9112/2006 7:59 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 911 212006 10:07 AM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 911212006 2:51 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 911312006 2:51 PM Approved By Steve Carnelt PurchasingfGeneral Svcs Director Date Administrative Services Purchasing 9113/2006 3:09 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Armin 911312006 4:49 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911412006 8:34 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9118/2006 11:49 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9118121106 8:28 PM Commissioners Agenda Item No. 16B10 Project Mgr.: Darryl Richard BID #06 -4008 Septeml c2i)sa0 @6 Date Posted: 7 -28 -06 Immokalee Beautification Packages jJ galf T Date Due: 8 -30-06 Addendums: 1 Bids ecenred: 2 Commercial Land Ground Zero QTY UNIT UNIT COST TOTAL UNIT COST TOTAL I. SECTION I. BASIC MAINTENANCE FUNCTIONS A. Cost to Perform Basic Maintenance Functions as follows: Mowin 52 Ea. $200.00 $10,400.00 $250.00 $13,000.00 Edging 52 Ea. $50.00 $2,600.00 $60.00 $3,120.00 Weeding 52 Ea. $400.00 $20,800.00 $305.00 <$75.860.0(i'° Street Clean 52 Ea $100.00 $5,200.00 $140-00 General Site Pruning 52 Ea. $200.00 $10,400.00 $105.00 $5,460.00 Trash Removal 52 Ea. $400.00 $20,800.00 $360.00 $18,720.00 SUBTOTAL "A" (Annual Costs) II. SECTION II SITE SPECIFIC MAINTENANCE FUNCTIONS A. CANOPY TREE AND PALM PRUNING $70.200.00 $63,440<OQ: Canopy Trees - April and September: Slash Pine 1 Ea. $1.00 $1.00 $150.00 $150.00 SUBTOTAL "A -1" Palms - June: $1.00 $150.00 Sabal /Cabba a 54 Ea. Cut 54 Ea. $15.00 $810.00 $21.00 $1,134.00 Washin tonic 1 Ea. $25.00 $25.00 $38.00 $38.00 SUBTOTAL "A -2" B. FERTILIZATION (County will supply granular fertilizer) Turf, Groundcover, $835.00 $1,172.00 Shrubs and Trees Perform Sequestrene Iron Drench Application 20 -20 -20 with Ferromec AC 13 -0 -0 plus 6% iron (Optional) 403 4 6 Bags Ea. Ea. $4.00 $1,612.00 $4.00 $1,612.00 $300.00 $1,200.00 $228.00 $912.00 $100.00 $600.00 $200.00 $1,200.00 SUBTOTAL B C. ORNAMENTAL AND TURF SPRAYING $3,412.00 FF $3,724.00 Turf Area: Insecticides & Fungicides Herbicides (Application) Groundcover, Shrubs & Trees: Insecticides & Fungicides Herbicides 12 6 12 6 Ea. Ea. Ea Ea $150.00 $1,800.00 $250.001 $3,000.00 $150-001 $900.00 $150.001 $900.00 $400.001 $4,800.00 $300.00 $3,600.00 $400.001 $2,400.00 $200.00 F $1,200.00 SUBTOTAL C D. MULCHING FF $9,900.00 FF $8,700.00 Organic Application Non - Organic 3636 15 Ea C. Y. $0.65 `$3 090,02 $1.30 $4,726.80 $20.00 $300.00 $70.00 $1,050.00 SUBTOTAL Dl$3390,00 E. MISCELLANEOUS SITE FIXTURES AND FEATURES $5,776.80 Test and Inspect Banners SUBTOTAL E F. IRRIGATION SYSTEMS 52 104 Wk Ea. $5.00 $260.00 $15.001 $780.00 $16.00 $1,664.00 $15.00 $1,560.00 $1,924.00 $Z,340.OD a. Subsurface 52 Wk $100.00 $5,200.00 $55.001 $2,860.00 Page 1 of 7 Agenda Item No. 16B10 Project Mgr.: Darryl Richard BID #06 -4008 Septemba6ti29s2t.0fi Date Posted: 7 -28 -06 Immokalee Beautification PackagR "gyf*t@yf. 9 Date Due: B -30 -05 Addendums: 1 Bids Received: 2 G. Pre QTY I UNIT lop-Up 52 Wk Commercial Land UNIT COST I TOTAL Ground Zero UNIT COST I TOTAL $100.001 $5,200.00 $55.001 $2,860.00 SUBTOTAL F BRICK PAVERS SIDEWALK AND DECORATIVE PAVING (Oct, Dec, Feb, Apr, Jun. Aut7) E175,720.00 ssure Cleaning 6 EA SUBTOTAL G $500.001 $3,000.00 $1,000.001 $6,000.00 $3,000.00 $15.001 $7,440.00 S4 TRFF r:RATF MAINTFNANCF/WATERING Pressure Hose Flush 105 Ea. $4.001 $420.00 $10.001 $1,050.00 (Quarterly) VVaterinq 1 496 Ea. $4.001 $1,984.00 $15.001 $7,440.00 SUBTOTAL H $2,404.00 $8,490.00 I. BULBOUT AND GUTTER CHANNEL DRAIN CLEANING 24 - Bulbout & Cutter 52 Ea. $55.001 $2,860.00 $50.001 $2,600.00 _ Channel Drain Cleaning Air Blow 52 Ea. $100.001 $5,200.00 $50.001 $2,600.00 Pressured Water Flush 6 Ea. 6 Ea. $300.00 $1,800.00 $275.001 $1,650.00 SUBTOTAL I $9,860.00 $6,850.00 J. STREET SWEEPING Street Sweeping 104 Ea. $300.00 $31,200.00 $380.00 $39,520.00 SUBTOTAL J $31,200.00 $39,520.00 III. SUMMARY OF ANNUAL COSTS Basic Maintenance Functions (Subtotal A - Annual Costs) $70,200.00 "'$63 440zs04 Site Specific Maintenance Functions for: Canopy Tree (Subtotal A -1) $1.00 $150.00 Palm Pruning (Subtotal A -2) $835.00 $1,172.00 Fertilization (Subtotal B) $3,412.00 $3,724.00 Ornamental and Turf Spraying (Subtotal C) $9,900.00 $8,700.00 Mulching (Subtotal D) $3,390.00 $5,776.80 Miscellaneous Site Fixtures and Features (Subtotal E) $1,924.00 $2,3aD.00 Irrigation Systems (Subtotal F) $10,4D0.00 $5,720.D0 Brick Pavers, Sidewalk, and Decorative Paving; Subtotal "G" $3,000.00 $6,000.00 Tree Grate MaintenanceNlfatering (Subtotal H) $2,a04.D0 $8,490.00 Bulbout & Gutter Channel Drains Cleaning (Subtotal 1) $9,860.00 $6,850.00 Street Sweeping (Subtotal J) $31,200.00 $39,520.D0 Page 2 of 7 Agenda Item No. 16B10 Project Mgr.: Darryl Richard BID #06-4008 SeptembKwi S Date.Posted: 7 -28 -06 Immokalee Beautification PackagES��uaCtr 9 Date Due: 8 -30-06 Addendums: 1 Bids ece'rved: 2 IV. SUBTOTAL BASE BID V. ALTERNATE A. TRASH RECEPTACLES Receptacle Service (Monday) Receptacle Service (Wednesday) Receptacle Service (Friday) SUBTOTAL V. ALTERNATI QTY I UNIT Commercial Land UNIT COST I TOTAL Ground Zero UNIT COST I TOTAL 46 52 $130.00 $6,760.00 $138.00 $7,176.00 46 52 $180.00 $9,360.00 $184.00 $9,568.00 46 52 $180.00 $9,360.00 $184.00 $9,568.00 $25,480.00 $26,312.00 VI. ESTIMATED TOTAL MAN -HOURS TO PERFORM REQUIRED SERVICES (The Contractor shall submit the crew size above the minimum 5 person crew required per week, and man -hours he intends to provide to this Contract on a weekly basis.) VII. ADDITIONAL LANDSCAPE MAINTENANCE SERVICES A. GENERAL SERVICES Travel Time ( per hour) Hr. Landscape Laborer Hr. Landscape Supervisor (per man hour) Hr. Irrigation Technician (per man hour) Hr. Pine Straw— Labor Cost Per Bale Only Per Bale Materials — Cost Plus Rental cost per day of a 4,000 gallon tanker with Operator with Required Operator License Day Truck Operator (Class B or higher current State of Florida Driver License) Hr. Additional Hand Watering (Contractor to Provide Tanker and Operator) Per Hour Cost Hr Stump Grinder and Operator (per hour costs) Hr Bobcat and Operator (per hour costs) Hr. B. PLANTING SERVICES Mulch Pine Straw -4° fluffed depth Shredded Cypress Bark, Grade "A ", 2" depth Eucalyptus, Grade "A ", 2" depth Washed shell, 3" depth Gray slag gravel (1/2 ") Plants a. 4" Container, Annuals / Perennials Begonias, Impatiens, Lantana, Pentas Purple queen, Dune sunflower, etc. Perennial Peanut Ground Cover Crev Man 1 Sq. Ft. 1 Sq. Ft. 1 Sq. Ft. 1 Sq. Ft. 1 Sq. Ft. 1 Ea. Page 3 of 7 Agenda Item No. 161310 Project Mgr.: Darryl Richard BID 06 -4008 SeptembtWi9@15M0R Date Posted: 7 -28 -06 Immokalee Beautification Packag Date Due: 8 -30 -06 Addendums: 1 r, s ecerve b. 1 Gallon Container African Iris Coontie Day -lily, evergreen variety Fla. Gama grass Juniper'Parsonii' Lantana Pentas Liriope'Evergreen giant' Purple queen Spider lily Muhly grass Perennial Peanut ground cover Ground orchids c. 3 Gallon Container Cocoplum Coontie Dwarf bougianvillea Fakahatchee grass Florida privet Fountain grasses llex'Schellings dwarf Indian hawthorn'Alba', white Ixora 'Nora grant' Dwarf Ixora Juniper'Parsonii' Plumbago Spider lily Thryallis Turnera 'Yellow Alder' Wax myrtle Saw palmetto Sea oats Simpson or Spanish stopper Variegated pittosporum Walter's viburnum Muhly grass Ground orchids d. 10 Gallon Container Bottlebrush'Red cluster Cardboard palm Cattley guava Crinum lily Crape myrtle Hibiscus standard Jamacian caper Ligustrum Myrsine Silver buttonwood Simpson or Spanish stopper Wax myrtle Variegated pittosporum QTY I UNIT Commercial Land UNIT COST TOTAL Ground Zero UNIT COST TOTAL 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. Ea. Cassia 1 Ea. $10.00 $6.00 $10.00 $15.00 $10.001 $6.50 $10.00 $9.50 $10.00 $6.00 $10.00 $6.00 $10.00 $6.00 $10.00 $6.00 $10.00 $6.00 $10.00 $6.00 $10.00 $6.00 $18.00 $7.00 $20.00 $14.75 $20.00 $35.00 $20.00 $14.75 $20.00 $14.75 $20.00 $14.75 $20.00 $14.75 $20.00 $14.75 $20.00 $`14.75 $20.00 $14.75 $20.00 $14.75 $20.00 $14.75 $20.00 $14.75 $20.00 $14.75 $20.00 $14.75 $20.00 $14.75 $20.00 $14.75 $35.00 $14.75 $25.00 $14.75 $20.00 $14.75 $20.00 $14.75 $20.00 $14.75 $20.00 $14.75 $25.00 $16.00 $100.00 $110.00 $100.00 $140.00 $100.00 $120.00 $100.00 $120.00 $125.00 $120.00 $100.00 $120.00 $100.00 $120.00 $100.00 $120.00 $100.00 $120.00 $100.00 $120.00 $100.00 $120.00 $100.00 $120.00 $100.001 1 $120.00 e. 30 Gallon Container $200.00 Bottlebrush 'Red cluster' 1 Ea. Cassia 1 Ea. Crape myrtle 1 Ea. Dahoon holly 1 Ea, Holly'East palatka' 1 Ea. Foxtail palm i Ea. Page 4 of 7 $200.00 $300.00 $200.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $350.00 $350.00 $375.00 Aaencia Item No. 161310 Project Mgr.: Darryl Richard BID #06 -4008 Septembtwig -6,5 Q0fo Date Posted: 7 -28 -06 Immokalee Beautification Packagf&8,Mgt,5f 9 Date Due: B -30 -06 Addendums: 1 Bids Received: 2 Ligustrum Live oak Mahogany Magnolia Red maple Orange geiger Slash pine Tabebuia 'lpe' Wax myrtle White geiger Orchid tree (white) f. 65 Gallon Container Bottlebrush 'Red cluster Crape myrtle Dahoon holly Holly 'East palatka' Foxtail palm Ligustrum Live oak Mahogany Magnolia Red maple Orange geiger Slash pine Tabebuia 'ipe' Wax myrtle Orchid tree (white) White geiger Palms Sabal palm (10' to 20' CT.) Sabal palm (8' to 12' Booted) Key thatch palm (6' to 7' HT., field grown) Ribbon palm (6' to 7' HT., field grown) Royal palm (18' CT) Carpentaria palm (16' Washington palm (30' CT.) Solitaire palm single (10' C.T.) Solitaire palm double (10' C.T.) Foxtail palms (10' C.T.) Canopy Trees Live oak (100 gal. Cont., 4 " -5" cal., 16'ht.) Live oak (200 gal. Cont., 6 " -8' cal., 20' ht.) White Geiger (100 gal.) C. LIQUID FERTILIZATION APPLICATION Apply Peters 20 -20-20 at ten (10) pounds of material per one hundred (100) gallons of water with Ferromec AC 13 -0 -0 plus Six percent (6 %) Iron at one third (1/3) gallon of material per one hundred (100) gallons of water. Turf Planting Beds D. SOD SERVICES Removal of existing sod /weeds with sod cutter or by hand and prepare soil /area to the proposed finished grade suitable for new sod (includes one herbicide treatment and all landfill tipping fees). E. SOD/ TURF GRASSES QTY UNIT Commercial Land UNIT COST TOTAL Ground Zero UNIT COST TOTAL 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. $350.00 $375.00 $350.00 $350.00 $300.00 $300.00 $300.00 $375.00 $200.00 $300.00 $300.00 $375.00 $200.00 $300.00 $350.00 $300.00 $200.00 $300.00 $250.00 $300.00 $250.00 $300.00 $400.00 $460.00 $500.00 $460.00 $500.00 $500.00 $500.00 $600.00 $750.00 $600.00 $700.00 $700.00 $750.00 $650.00 $500.00 $800.00 $500.00 $600.00 $400.00 $600.00 $500.00 $700.00 $400.00 $600.00 $750.00 $600.00 $400.00 $600.00 $500.00 $600.00 $750.00 $750.00 1 Ea 1 Ea 1 Ea 1 Ea 1 Ea 1 Ea 1 Ea 1 Ea 1 Ea 1 Ea, Ea. Ea. Ea. Sq. Ft. Sq. Ft. 1 Sq Page 5 of 7 Ft. $1.25 $0.65 Agenda Item No. 16B10 Project Mgr.: Darryl Richard BID #06 -4008 Septemblol+i:Ks42013@ Date Posted: 7 -28-06 Immokalee Beautification Package(95gyL►te�If T Date Due: 8 -30 -06 Addendums: 1 Bids r eceroed: 2 Delivered, off - loaded, fine graded for sod, laid in place, roller and trim edges as necessary: Sod cost for areas with subsurface irrigation systems will requin supplemental top or hand watering until the subsurface irrigatioi system provides adequate watering (approx. 3 weeks). St. Augustine Floratam: Muck grown Sand grown Palmetto: Muck grown Sand grown Bitter blue: Muck grown Sand grown Bahia Argentine: Sand grown Ground Cover QTY UNIT Commercial Land UNIT COST I TOTAL Ground Zero UNIT COST TOTAL 500 Sq. 1 Ft. Pallet 400 Sq. 1 Ft. Paliel 500 Sq. 1 Ft. Pallet 400 Sq. 1 Ft. Pallet 500 Sq. 1 Ft. Pallet 400 Sq. 1 Ft. Pallet 400 Sq. 1 Ft. Palle Conventional Subsurface Conventional Subsurface $400.00 $500.00 $400.00 $400.00 $400.00 $500.00 $410.00 $410.00 $250.00 $250.00 $290.00 $400.00 $250.00 $250.00 $280.00 $390.00 $250.00 $250.00 $400.00 $450.00 $250.00 $250.00 $400.00 $450.00 $300.00 $300.001 $250.00 $360.00 Perennial Peanut per sq. ft. (1000 sq. ft. Min.) 1000 Ground Cover Sod Sod installation sq. ft. price to include complete site preparation for sod installation and top dressing with one inch layer of 85/15 sand mix. VIII. EMERGENCY LANDSCAPE MAINTENANCE SERVICES The Additional/Emergency Landscape Maintenance Services Bid is mandatory and must be completed by the Bidder in order for their bid to be considered. Function Mowing and Edging 1 Sc Weeding 1 Sc (Hand removal and hand sprayed herbicide) Pruning (Removal & Delivery of debris to landfill site) 1 Fertilization (Labor for broadcasting 50 lb. Bag) 1 Pei Mulch Application 1 Pei (Labor for applying 2 cu. ft. bags) Trash Pick -up and Removal (Bagging & Disposal to a 1 Per Page 6of7 Agenda Item No. 16B10 Project Mgr.: Darryl Richard BID #06 -4008 Septembwt2fi,s2Q0& Date Posted: 7 -28 -06 Immokalee Beautification Packagfkjattot� 9 Date Due: 8 -30 -05 Addendums: 1 Bids Received: 2 landfill of trash from landscape areas and on -site containers) Irrigation System Review Travel time Landscape Laborer Truck Operator (Class B or higher current State of Florida Driver License) Stump Grinder and Operator Bobcat and Operator STAKING OF TREES AND PALMS Staking of Small Palm (4 " -6" Caliper at Maturity) Staking Large Palm (6" Caliper or greater) Staking Small Canopy Tree (2x2 posts and guy wire 4 " -6" Caliper) Staking Large Canopy Tree (2x4 posts, greater than 6" Caliper) Huricane- Restanding and Staking of Small Palm (4 " -6" Caliper at Maturity) Huricane - Restanding and Staking Large Palm (6" Caliper or greater) Huricane - Restanding and Staking Small Canopy Tree (2x2 posts and guy wire 4 " -6" Caliper) Huricane - Restanding and Staking Large Canopy Tree (2x4 posts, greater than 6" Caliper) Removal of Staking of Small Palm (4 " -6" Caliper at Maturity) Removal of Staking Large Palm (6" Caliper or greater) Removal of Staking Small Canopy Tree (2x2 posts and guy wire 4 " -6" Caliper) Removal of Staking Large Canopy Tree (2x4 posts, greater than 6" Caliper) IV. SUBTOTAL BASE BID V. ALTERNATE VII. ADDITIONAL LANDSCAPE MAINTENANCE SERVICES TOTAL BID QTY I UNIT Commercial Land UNIT COST I TOTAL Ground Zero UNIT COST TOTAL 1 Per Hour $85.00 $55.00 1 Per Hour $55.00 $55.00 1 Per Hour $45.00 $30.00 1 Per Hour $90.00 $65.00 1 Per Hour $125.00 $75.00 1 Per Hour F $175.00 $75.00 1 Per Hour $100.00 $30.00 1 Per Hour $100.00 $65.00 1 Per Hour $100.00 $30.00 1 Per Hour $100.00 $50.00 1 Per Hour $100.00 $50.00 1 Per Hour $100.00 $75.00 1 Per Hour $100.00 $30.00 1 Per Hour $100.00 $75.00 1 Per Hour $100.00 $30.00 1 Per Hour IF $100.00 F $40.00 1 Per Hour $100.00 $30.00 1 Per Hour $100.00 $50.00 $146,526.00 $151,882.80 $25,480.00 $26,312.00 434,89 -1.45 $36,959.23 $206;89745 Adjusted $215,154:03 utdscneaute �z�3,14/.ti8 Addendum Acknowledged: (Y /N) Yes Yes Prompt Payment Terms: Net 30 Days see Bid Agent: Brenda 8rilhart Witness: Courtney Grosman This is a preliminary summary of the bids as they were opened and announced at the bid opening. Bid prices have not been verified and are subject to change in the event mathematical errors are discovered during bid review. Other information contained in this summary is also subject to review. Page 7 of 7 Agenda Item No. 161311 September 26, 2006 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to seek Board approval of a Transportation Regional Incentive Program (TRIP) Agreement with the Florida Department of Transportation (FDOT) to acquire a grant in the amount of $4,950,000 for the widening of Collier Boulevard from Golden Gate Boulevard to Immokalee Road (Project #65061). OBJECTIVE: To approve the TRIP agreement to acquire the grant funds previously awarded to the County last year in the amount of $4,950,000 which will help fund the upcoming six laning construction of Collier Boulevard. CONSIDERATION: The County last year submitted TRIP grant requests for several projects that met FDOT's criteria for those grants with two County projects scoring high enough to be funded. Our projects competed with Lee County as well as other Counties in District One for this funding to get this grant for $4.95 million to help supplement the construction funding for Collier Boulevard. This agreement needs to be finalized before the County issues a Notice to Proceed to the contractor or risk losing the grant funding and that is why this is coming forward at this time (the County is currently negotiating the Construction contract with the low bidder). The agreement includes project eligibility requirements that this project currently meets -^ with one change over our current policy after we widen the road to six lanes. One requirement of accepting TRIP funds from FDOT is to also accept FDOT's Statewide LOS standard for non -FIRS roads once the road is improved. That will not require a change in the Comprehensive Plan for this roadway since it is currently set at LOS "D" but it will mean that we will not change it to LOS "E ", as we usually do by policy, once the roadway is widened to six lanes. FISCAL IMPACT: The acceptance of this TRIP grant of $4,950,000 helps offset the construction cost that is currently budgeted in the current fiscal year (Project #65061). GROWTH MANAGEMENT: The widening of Collier Boulevard between Golden Gate Boulevard and Immokalee Road is consistent with the County's Growth Management Plan and the MPO's Long Range Transportation Plan. RECOMMENDATION: That the Board approves the TRIP agreement to acquire the $4.95 million grant and authorizes the Chairman to enter into and execute the agreement with the Florida Department of Transportation. PREPARED BY: Donald Scott, Transportation Planning Director Attachments: 1) Trip Agreement 2) Resolution Agenda Item No. 16811 September 26, 2006 Page 2 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ,,..... Item Number: 16811 Item Summary: Recommendation to seek Board approval of a Transportation Regional Incentive Program (TRIP) Agreement with the Florida Department of Transportation (FDOT) to acquire a grant in the amount of 54,950,000 for the widening of Collier Boulevard from Golden Gate Boulevard to Immokalee Road (Project 465061). Meeting Date: 912612006 9:00:00 AM Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 9/12/2006 3:04 PM Approved By Kay Luongo Grants Coordinator Date Transportation Services Transportation Admin 9;1212006 3:30 PM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/1212006 4:25 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 9!1212006 4:46 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 9/1312006 2:54 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 911312D06 4:52 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1412006 8:41 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 9/14(2006 9:29 AM Approved By Michael Smykowskt Management & Budget Director Dale County Manager's Office Office of Management & Budget 9/19/2006 8:22 AM Approved By James Y. Mudd County Manager Date Board of County County Manager's Office 9/1912006 8:43 PM Commissioners Agenda item No. 16B11 September 26, 2006 Page 3 of 16 RESOLUTION NO. 2006 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, IN SUPPORT OF ENTERING INTO AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ACQUIRE THE TRANSPORTATION REGIONAL INCENTIVE PROGRAM GRANT IN THE AMOUNT OF $4,950,000 FOR THE CONSTRUCTION OF COLLIER BOULEVARD. WHEREAS, the Transportation Regional Incentive Program (TRIP) was established to provide funds to improve regionally significant transportation facilities; and WHEREAS, the Florida Department of Transportation is willing to provide Collier County with financial assistance at a level of $4.95 million as was awarded during grant submittal and scoring process; and WHEREAS, the County has met the eligibility requirements necessary to be awarded this funding; and WHEREAS, the Collier County Board of County Commissioners are interested in acquiring grants to supplement the cost of Collier Boulevard as well as other County roadway projects; and WHEREAS, the Board finds that it is in the public interest for the County to enter into the TRIP agreement for Collier Boulevard pursuant to the terms and conditions contained in this agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that; The Board of County Commissioners approves the TRIP Agreement with the Florida Department of Transportation and authorizes its Chairman, Frank Halas, to execute the Agreement. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk Approved as to form and legal sufficiency: Scott Teach Assistant County Attorney Frank Halas, Chairman Agenda Item No. 161311 September 26, 2006 Catalog State Financial Assistance No. 55.026 FINANCIAL PROJECT #420991 -P 011of 16 COLLIER COUNTY Page 1 of 13 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter "DEPARTMENT ") and COLLIER COUNTY (hereinafter "COUNTY "). WITNESSETH 1. WHEREAS, the DEPARTMENT has the authority, under Fla. Stat. §334.044, to enter into this Agreement; and 2. WHEREAS, the Transportation Regional Incentive Program was created by Fla. Stat. §339.2819 to provide funds to improve regionally significant transportation facilities in ``regional transportation areas" pursuant to Fla. Stat. §339.155 (5); and 3. WHEREAS, the Lee County and Collier County MPO's, acting as a designated regional partnership under Fla. Stat §339.155 (5)(c) and formed by an interlocal agreement, designated CR 951 (Collier Boulevard) from Golden Gate Boulevard to Immokalee Road as a regional facility by resolution, a copy of which is incorporated into this agreement and attached. 4. WHEREAS, the DEPARTMENT is willing to provide COLLIER COUNTY with financial assistance under Financial Project No. 420991 58 01 hereinafter referred to as the "PROJECT," in accordance with Fla. Stat. §339.2819; and 5. WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of Fla. Stat. §339.2819; and 6. WHEREAS, the COUNTY Certifies to the DEPARTMENT that it has met all Project Eligibility Requirements listed below X Will certify by October 1, 2006, date to the DEPARTMENT that it will have met all Project Eligibility Requirements listed below PROJECT ELIGIBILITY REQUIREMENTS 1. Support facilities that serve national, statewide or regional functions and function as an integrated transportation system, 2. Be identified in appropriate local government capital improvements program(s) or long term concurrency management system(s) that are in compliance with state comprehensive plan requirements, 3. Be consistent with the SIS, 4. Be in compliance with local corridor management policies, and 5. Have commitment of local, regional or private matching funds. Agenda Item No. 16B11 September 26, 2006 FINANCIAL PROJECT #4209918 66&&1of 16 COLLIER COUNTY Page 2 of 13 7. WHEREAS, the COUNTY by Resolution No. dated the day of 2006, a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners or designee to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: I. SERVICES AND PERFORMANCE 1) The PROJECT consists of construction of CR 951 (Collier Blvd) from Golden Gate Blvd to Immokalee Road to widen from two to six lanes. 2) The COUNTY agrees to undertake the construction of the PROJECT in accordance with all applicable, federal, state and local statutes, rules and regulations, and standards. The COUNTY shall be responsible for obtaining clearances /permits required for the construction of the PROJECT from the appropriate permitting authorities. Upon completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with the applicable standards, statutes, rules and regulations in writing. 3) The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. The COUNTY shall provide the DEPARTMENT with quarterly progress reports. 4) The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. 5) All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: David Holden, PE Ft. Myers Operations Center Engineer Florida Department of Transportation 2981 NE Pine Island Road Cape Coral, Florida 33909 II. TERM TO COUNTY: Donald Scott, Director Collier County Transportation Planning 2885 South Horseshoe Drive Naples Florida 34104 1) The COUNTY shall perform the PROJECT activities in accordance with the following schedule: (1) Construction contract to be let on or before December 1, 2006. (2) Construction to be completed on or before March 1, 2009. 2) This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the PROJECT is completed and accepted and payment made by the DEPARTMENT or terminated in accordance with the DEFAULT & TERMINATION SECTION below. Agenda Item No. 16811 September 26, 2006 FINANCIAL PROJECT #42099IPbWGlof 16 COLLIER COUNTY Page 3 of 13 3) This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement and contingent upon the DEPARTMENT'S District Secretary's or Designee's Approval. III. PAYMENT TERMS 1) The COUNTY and the DEPARTMENT agree to share the cost of this PROJECT # 420991 1 58 01. 2) ESTIMATES & PARTICIPATION AMOUNTS A) The estimated total cost as set forth in the DEPARTMENT'S adopted work program for this PROJECT is $40,556,620 (FORTY MILLION FIVE HUNDRED FIFTY -SIX THOUSAND AND SIX HUNDRED TWENTY DOLLARS) B) The estimated COUNTY share for the PROJECT is $35,606,620 (THIRTY FIVE MILLION SIX HUNDRED SIX THOUSAND AND SIX HUNDRED TWENTY DOLLARS) C) The estimated DEPARTMENT share for the PROJECT is $4,950,000 (FOUR MILLION NINE HUNDRED AND FIFTY THOUSAND DOLLARS) which is the maximum participation by the DEPARTMENT. D) The parties further agree all remaining costs of the PROJECT will be borne by the COUNTY. 3) In the event the COUNTY proceeds with the construction of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). 4) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 5) Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENT'S under Section 334.044 (29), Florida Statutes. 6) If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. 7) The DEPARTMENT'S obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 8) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post- audit. 9) Travel costs will not be reimbursed. 10) The COUNTY shall submit one invoice (3 copies), plus supporting documentation required by the DEPARTMENT. Payment shall be made to the COUNTY upon completion of all services, as approved by the DEPARTMENT. Agenda Item No. 16B11 September 26, 2006 FINANCIAL PROJECT #420991F�W,, 61of 16 COLLIER COUNTY Page 4 of 13 11) A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payments(s) from a state and /or COUNTY. The Vendor Ombudsman may be contacted at (850) 410 -9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 12) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY'S general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 13) The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. IV. ROADWAY LEVEL OF SERVICE 1) Fla. Stat. §163.3180 requires that facilities funded through the Transportation Regional Incentive Program adopt the level of service standards established by the DEPARTMENT for the PROJECT limits. 2) The logical termini for the PROJECT are CR 951 from Golden Gate Boulevard to Immokalee Road. 3) The COUNTY agrees that upon execution of this agreement the level of service for the segment of (CR 951) between the logical termini specified in (2), above, shall be as designated by the DEPARTMENT. Upon execution of this agreement the level of service will be (D), subject to change by the DEPARTMENT without need to modify this agreement. 4) The COUNTY agrees to update its comprehensive plan at the next amendment cycle, scheduled to begin January 2007, and reflect the level of service change for the segment of CR 951 (Collier Boulevard) between the logical termini specified in (2) above. Agenda Item No. 16811 September 26, 2006 FINANCIAL PROJECT #420991FaS&61of 16 COLLIER COUNTY Page 5 of 13 V. IN -KIND SERVICES AND RIGHT OF WAY DONATIONS (if applicable) 1) In -kind services are goods, commodities, or services received in lieu of cash payments. Goods and commodities should be valued based on their current market value. 2) Property donated by local governments for right of way as the local share for a qualified project, must comply with the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4601, et sec., and implementing federal regulations, 49 CFR Part 24 and 23 CFR Part 710, if federal funds will be used in any phase of the project. Other requirements for the acquisition of rights of way should be determined in accordance with guidelines established by the Office of Right of Way. 3) The DEPARTMENT has established specific right of way acquisition guidelines for the Transportation Regional Incentive Program. These guidelines can be found at http: / /www. dot. state. fl. us /pIanninc /TRIP /RW- contributions.pdf and are incorporated into this Agreement by reference. 4) The excess of an in -kind match valued in excess of the required match will not generally be applied towards another project. On a case by case basis, an exception may be made for project segments in a regional corridor that are part of an implementation plan for that corridor. VI. INDEMNITY, LIABILITY & INSURANCE 1) INDEMNITY A) To the extent allowed by law, the COUNTY shall indemnify, defend, and hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim, loss, damages, cost, charge, or expense arising out of any act, error, omission, or negligent act by the COUNTY, its agents, or employees, during the performance of the Agreement, except that neither the COUNTY, its agents, or its employees will be liable under this paragraph for any claim, loss, damages, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT, or any of its officers, agents, or employees, during the performance of the Agreement. B) When either party receives notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim, and report its findings to each other within fourteen (14) working days and jointly discuss options in defending the claim. A party's failure to promptly notify the other of a claim will not act as a waiver or any right herein. Agenda item No. 16B11 September 26, 2006 FINANCIAL PROJECT #420991Ra §&@Iof 16 COLLIER COUNTY Page 6 of 13 C) The COUNTY agrees to include the following indemnification in all contracts with contractors /subcontractors, consultants /sub - consultants, who perform work in connection with this Agreement: "The contractor /consultant shall indemnify, defend, save, and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents, or employees. Neither the contractor /consultant, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents, or employees." 2) LIABILITY & INSURANCE. A) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. B) The COUNTY shall carry and keep in force during the period of this Agreement a general liability policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $50,000 each occurrence, for the services to be rendered in accordance with this Agreement. However, in the event the COUNTY maintains a self - insurance fund to cover such liability, the COUNTY agrees to maintain sufficient reserves in the fund to pay the above - described liability limits. In addition to any other forms of insurance or bonds required under the terms of this Agreement, the COUNTY must comply or cause its contractor to comply with §7 -13 of the DEPARTMENT'S Standard Specifications for Road and Bridge Construction (2000), as amended. 3) WORKERS' COMPENSATION. A) The COUNTY shall also carry and keep in force Workers' Compensation insurance as required for the State of Florida under the Workers' Compensation Law. VII. COMPLIANCE WITH LAWS 1) The COUNTY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. 2) The COUNTY shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. Agenda Item No. 16811 September 26, 2006 FINANCIAL PROJECT 442099ffAj5840)1of 16 COLLIER COUNTY Page 7 of 13 3) No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. 4) The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Agreement for purposes other than those set out in §337.274, Florida Statutes. VIIL AUDITS 1) GENERAL REQUIREMENTS & MONITORING A) The administration of resources awarded by the DEPARTMENT to the COUNTY may be subject to audits and /or monitoring by the DEPARTMENT, as described in this section. B) Any reports, management letter, or other information required to be submitted to the DEPARTMENT pursuant to this agreement shall be submitted timely in accordance with Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. C) Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. D) The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the DEPARTMENT, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. E) The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. F) Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the DEPARTMENT to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Agenda Item No, 161311 September 26, 2006 FINANCIAL PROJECT #4209991,IgS8101of 16 COLLIER COUNTY Page 8 of 13 G) In addition to reviews of audits conducted in accordance with F.S. §215.97, as revised (see "AUDITS" below), monitoring procedures may include, but are not limited to, on -site visits by Department staff, limited scope audits and /or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the Department. In the event the DEPARTMENT determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the COUNTY regarding such audit. The COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FLORIDA DEPARTMENT OF TRANSPORTATION Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 2) STATE FUNDED A) Recipients of state funds (i.e. a non -state entity as defined by F.S. §215.97(2)(m)), are to have audits done annually using the following criteria: (i) In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project - specific audit for such fiscal year in accordance with F.S. §215.97, applicable rules of the Department of Financial Services and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the DEPARTMENT by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the DEPARTMENT, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a non -state entity for Federal program matching requirements. (ii) In connection with the audit requirements addressed in paragraph (i) above, the recipient shall ensure that the audit complies with the requirements of F.S. §215.97(7). This includes submission of a financial reporting package as defined by F.S. §215.97(e), and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. (iii)If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of F.S. §215.97 is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of F.S. §215.97, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). (iv) State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency making the award. Agenda Item No. 16B11 September 26, 2006 FINANCIAL PROJECT #42099IPdg5841of 16 COLLIER COUNTY Page 9 of 13 3) REPORT SUBMISSION A) Records to be submitted to DEPARTMENT by or on behalf of the recipient should be submitted to: Florida Department of Transportation Attn: Karen A. Miracola, District JPA /LFA Coordinator 2295 Victoria Avenue, Suite 292W Fort Myers, FL 33901 (i) List of Records to be submitted to the DEPARTMENT include: (a) Copies of financial reporting packages required in the STATE FUNDED section 2 above of this agreement. (b) Copies of reports or the management letter required by the GENERAL REQUIREMENTS & MONITORING section 1)E) and I)F) above of this agreement. B) Records to be submitted to the State Auditor General's Office by or on behalf of the recipient should be submitted to: Auditor General's Office Room 401, Pepper Building I 1 I West Madison Street Tallahassee, Florida 32399 -1450 (i) List of Records to be submitted to the State Auditor General's Office include: (a) Copies of financial reporting packages required in the STATE FUNDED section 2 above of this agreement. IX. DEFAULT & TERMINATION 1) This Agreement may be canceled by either the COUNTY or the DEPARTMENT upon sixty (60) days written notice. 2) If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. 3) In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. Agenda Item No. 161311 September 26, 2006 FINANCIAL PROJECT 4420991F.42A841of 16 COLLIER COUNTY Page 10 of 13 4) If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. 5) If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. X. MISCELLANEOUS 1) All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 2) This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein. The parties agree that all commitments, agreements, or understandings concerning the subject matter of this Agreement are contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by the COUNTY and the DEPARTMENT. 3) If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. 4) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida. 5) An entity or affiliate which has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Agenda Item No. 161311 September 26, 2006 FINANCIAL PROJECT #420991'dy5840,lof 16 COLLIER COUNTY Page 11 of 13 6) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in F.S. §287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Agenda Item No. 161311 September 26, 2006 FINANCIAL PROJECT #42099' -AgS8461of 16 COLLIER COUNTY Page 12 of 13 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chairman of the Collier County Board of County Commissioners or its designee, as authorized by Resolution Number , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee: This Agreement shall become effective on: ATTEST CLERK ATTEST COLLIER COUNTY, FLORIDA (SEAL) TITLE DATE PRINT NAME DATE COLLIER COUNTY LEGAL REVIEW: BY: DATE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE PRINT NAME DATE PRINT NAME DATE AVAILABILITY OF FUNDS APPROVAL: FLA. DEPT. OF TRANS. LEGAL REVIEW: w DATE DATE STATE RESOURCES Agency: Catalog of State Financial Assistance Amount: Financial management #: Project description: COMPLIANCE REQUIREMENTS Agenda Item No. 16611 September 26, 2006 FINANCIAL PROJECT #4209911'ag68461of 16 COLLIER COUNTY Page 13 of 13 EXHIBIT —1 Florida Department of Transportation Transportation Regional Incentive Program (55.026) $ 4,950,000 (Four Million nine hundred fifty thousand dollars) 420991 1 58 01 CR 951 (Collier Blvd) from Golden Gate Boulevard to Immokalee Road 1. The project must be regionally significant and derived from a regional transportation plan. 2. The regional transportation plan must be created by a regional transportation area created pursuant to Section 339.155(5) Florida Statutes. 3. The project must meet the minimum eligibility criteria listed in Section 339.2819 Florida Statutes. 4. Funds will only be provided for capital expenses. Operations are not covered through TRIP. 5. For roadway projects, the Florida Department of Transportation's level of service must be adopted for the logical termini specified in the Joint Participation Agreement once the additional capacity from the project is available for purposes of concurrency under Fla. Stat. §163.3180. NOTE: Section .400(d) of OMB Circular A -133, as revised, and F.S. §215.97(5)(a) require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Agenda Item No. 16C1 September 26, 2006 Page 1 of 12 EXECUTIVE SUMMARY Approval of the annual rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 2007. Total fees budgeted to be collected from rates approved with this resolution are included in the FY 2007 budgets for solid waste disposal (Fund 470 - $20,336,300) and mandatory trash collection (Fund 473 - $15,776,100). OBJECTIVE: Approval of the annual rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees. CONSIDERATIONS: Tipping fees, for materials to be buried in the lined cell of the landfill or recycled from the landfill, are increasing by a contractually required CPI of 4.315 %. The CPI is derived from the change in CPI from August 1, 2005 through July 31, 2006. All residential material types have an additional $1.15 per ton for emergency response and $1.15 per ton for capital recovery. All material types, other than curbside residential solid waste collected on the tax bill, increased in FY 2006 by $2.30 per ton for these charges. These charges are included in the FY 2007 rates for residential service. Collection services for residential and commercial curbside and dumpster collections are increasing by a contractually required CPI of 2.397 %. This is 70% of the change in CPI between May 1, 2005 and April 30, 2006, pursuant to the terms of the franchise agreement. This resolution will adjust the disposal cost of curbside Residential Municipal Solid Waste (MSW) from $36.24 to $40.20 per ton. The proposed commercial rates and supplemental fees for commercial and residential service are included in the attached rate resolution. FISCAL IMPACT: The proposed landfill tipping fees and the proposed recycling center fees will provide estimated annual revenues of $20,336,300 for the Solid Waste Disposal Fund (470). The mandatory trash collection and disposal assessments will provide estimated annual revenues of $15,776,100 for the Mandatory Trash Collection Fund (473). Rate FY 06 Rate FY 07 Increase Residential MSW $36.24 $40.20 $3.96 Residential Biomass $23.37 $26.78 $3.41 Residential White Goods $36.24 $40.20 $3.96 Other MSW $36.24 $40.20 $3.96 The proposed commercial rates and supplemental fees for commercial and residential service are included in the attached rate resolution. FISCAL IMPACT: The proposed landfill tipping fees and the proposed recycling center fees will provide estimated annual revenues of $20,336,300 for the Solid Waste Disposal Fund (470). The mandatory trash collection and disposal assessments will provide estimated annual revenues of $15,776,100 for the Mandatory Trash Collection Fund (473). Agenda Item No. 16C1 September 26, 2006 Page 2 of 12 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item RECOMMENDATION: Board of County Commissioners' approval of the attached rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 2007. PREPARED BY: Teresa A. Riesen, Revenue Manger, Utility Billing & Customer Service Agenda Item No. 1601 September 26. 2006 Paae 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C1 Item Summary: Approval of the annual rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection tees for FY 2007. Total fees budgeted to be collected from rates approved with this resolution are included in the FY 2007 budgets for solid waste disposal (Fund 470 - $20.336.300) and mandatory trash collection (Funo 473 - $15.776,100), Meeting Date: 9126!2006 9.00:00 AM Prepared By Teresa Riesen Revenue Manager Date Public Utilities UBCS 91312006 10:39:28 AM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 91141200612:39 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 9/14/2006 1:13 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9,N412006 1:54 PM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 9114/2006 2:03 PM Approved By Daniel R. Rodriguez, M.B.A. Solid Waste Director Date Public Utilities Solid Waste 911412006 2:12 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9!1412006 3:56 PM Approved By OMB Coordinator Administrative Assistant Data County Manager's Office Office of Management & Budget 9/1512006 9:29 AM Approved By Randy Greenwald Management / Budget Analyst Date County Manager's Office Office of Management 8 Budget 9115/2006 11:30 AM Approved By James V. Mudd County Manager Data Board of County County Manager's Office 911912006 5:51 PM Commissioners Agenda Item No, 16C1 September 26, 2006 Page 4 of 12 RESOLUTION NO. 2006- RESOLUTION SUPERSEDING RESOLUTION 2005 -335 AND ESTABLISHING THE FEES, RATES AND CHARGES FOR USE OF COLLIER COUNTY SOLID WASTE FACILITIES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 84 - 31 WHEREAS, The Board of County Commissioners through County Ordinance No. 84 -31 has implemented the user fee system for solid waste to all public and private users. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1: Resolution No. 2005 -335 is hereby superseded in its entirety. SECTION 2: The following fee schedule is approved for all users of the Collier County Solid Waste Facilities: Landfill Fees All fees are based on certified scale weight, per cubic yard fee, or per tire fee. No rounding. Mixed loads of biomass (land clearing, plant trimmings and grass cuttings) and other waste shall not be accepted. MATERIAL FY 2006 TIPPING FEE FY 2007 TIPPING FEE Residential Municipal Solid Waste (MSW) $36.24 $40.20 /ton Commercial Municipal Solid Waste $38.54 $40.20 /ton Mixed Waste (non -MSW) $43.11 $44.97 /ton Metals $43.11 $44.97 /ton Appliances $43.11 $44.97/ton Residential Appliances $38.54 $40.20 /ton SPC Concrete $10.13 $10.57 /ton Wood Treated $43.11 $44.97 /ton Paper $43.11 $44.97 /ton Concrete /Dirt $6.83 $7.12 /ton Sludge (Count only) $35.01 $36.52 /ton Plastic/Agriculture $43.11 $44.97 /ton Waste -Grit $43.11 $44.97 /ton Reef - Preparation $7.36 $7.36 /ton Construction /Demolition Debris $43.11 $44.97 /ton Diverted Construction /Demolition $35.01 $36.52 1ton Residential Biomass $23.37 $26.78 /ton Biomass $25.67 $26.78 /ton 2" Biomass $10.92 $11.39/ton Pallets/Chipping $43.11 $44.97 /ton Land Clearing $25.67 $26.78 /ton Other MSW - Commercial /Residential Exemptions $36.24 $40.20 /ton Soil Tested $6.83 $7.12 /ton Beach Cleanup $43.11 $44.97/ton Miscellaneous Agriculture $43.11 $44.97 /ton Tires cut into 8 equal pieces $43.11 $106.76/ton Whole tires $110.11 $114.86/ton Clean fill greater than 6 inches in size suitable for use as backfill (pre-qualified) $7.36 $7.68 /ton Car or truck tires: 16" or larger size $4.00 $5.00 /tire Car or truck tires: 15 "or smaller size $1.00 $2.00 /tire Large tractor or heavy equipment tires on per ton basis only $110.11 $114.86/ton Agenda Item No. 16C1 September 26, 2006 Page 5 of 12 MATERIAL FY 2006 FY 2007 Automobiles and station wagons both TIPPING FEE TIPPING FEE Clean soil material less than 6 inches in $7.36 $7.68 /ton size (to be tested and pre - qualified) Clean source separated concrete $7.36 $7.68 /ton material suitable for the artificial reef program greater than 3 cubic ft. (Requiring pre $4.00 $5.00 /tire Clean source separated concrete No Charge No Charge material suitable for the artificial reef program greater than 3 cubic ft. (ready for use Mobile Homes $165.58 $172.72 /unit Vehicle weighing/ non - landfill $5.00 $5.22 customers Service charges for Non - Sufficient $0.30 $0.30 /item Fund (NSF) Checks will be the face value of the check plus 15% of the face $1.00 $1.00 /item value of the check not to exceed $100.00 $2.00 $2.00/ item Definitions of Special Wastes: Special Waste I: Difficult -to- handle material requiring pre - acceptance site preparation (example: asbestos, ash, powders) $171.31 /incident, plus 2 times applicable base rate. Special Waste II: Waste requiring special acceptance procedures, but no special site preparation. Two times applicable base rate, except sludge at $39.00 /ton, accepted only in emergencies for Collier County Utilities. Special Waste III: Wastes that are prohibited by law or regulation for the landfill, but are deposited at Landfill working area and must be removed by contractor (example: whole tires, white goods, lead -acid batteries) $15.92 per item. Recycling Center Fees MATERIAL FY 2006 FEE FY 2007 FEE Automobiles and station wagons both $5.00 $5.00 /use full -size and compacts (less than '/z cubic and Trucks, trailers, vans (volume rounded $9.00 $9.00 /cubic yard to nearest yard) (more than '/ cubic yard) Car or truck tires: 16" or larger rim size $4.00 $5.00 /tire Car or truck tires: 15" or smaller rim $1.00 $2.00 /tire size (Large tractor or heavy equipment tires accepted only at landfill Electronics Residential. No charge No charge Electronics Commercial $3.00 $3..00 /item (After the first three items) Fluorescent bulbs — All types $0.30 $0.30 /item (After the first 10 items) HID Lamps $1.00 $1.00 /item After the first 10 items Ballasts $2.00 $2.00/ item (After the first 10 items Items containing Freon $5.00 $5.00 /item (Special handling charge) Agenda Item No. 16C1 September 26, 2006 WAIVER OF FEES FOR LITTER AND CLEAN -UP PROJECTS Page 6 of 12 Pursuant to Board of County Commissioners direction, BCC Agenda 7/31/01, 16C (3), neighborhood clean -up events will be limited to $4,000.00 per clean -up event, semi- annually. Public Utilities Administrator may authorize waiver of landfill tipping fees for these events. If estimated tipping fees exceed $4,000.00 the requesting party must appear before the Board of County Commissioners for approval. RESIDENTIAL COLLECTION AND DISPOSAL FEES Solid Waste Collection, Disposal and Administrative Fees Service District Number I: (Waste Management, Inc. of Florida Service Area) Assessment for curbside trash collection twice weekly, collection of Program recyclables once weekly, and bulk items / white goods once weekly, is $161.06 for Fiscal Year 2007. Solid Waste Collection, Disposal and Administrative Fees Service District Number II: (Immokalee Disposal Company, Inc. of Florida Service Area) Assessment for curbside trash collection twice weekly, collection of Program recyclables once weekly, collection of yard trash once weekly collection of yard trash once weekly and bulky items / white goods once weekly, is $151.34 for Fiscal Year 2007. Special Request Backdoor Service: Service District Number I and Service District Number Il: $400.67 per year in addition to the annual assessment for the unit. Recycling Cart Fees: Each residential unit is provided an initial Recycling Cart at no charge to the unit owner. Recycling Carts must remain with the residential unit regardless of change of unit ownership. Unserviceable Recycling Carts must be presented in exchange for a replacement Recycling Cart. Replacement of Recycling Carts due to loss or negligence of the residential unit is to be paid for by the customer at a cost of approximately $50.00 per Recycling Cart. Standard Roll Cart Fees: Each residential unit is provided an initial Roll Cart at no charge to the unit owner. Roll Carts will remain with the residential unit regardless of change in unit ownership. Replacement of Roll Carts, due to normal wear will be provided by the franchisee. Unserviceable Roll Carts must be presented for exchange. Replacement of Roll Carts, due to loss or negligence of the residential unit will be paid by the customer in an amount equal to the franchisee's cost for the Roll Cart, plus a $10.24 delivery fee. Each customer is entitled to one change of Roll Cart size at no additional cost. A delivery charge of $10.24 will be paid by the customer for additional changes in Roll Cart size. Customers requesting an additional container will pay an amount equal to the franchisee's cost, plus a $10.24 delivery fee. The County replaces Roll Carts that are stolen. COMMERCIAL COLLECTION AND DISPOSAL FEES Service District Number I: - Mandatory multi - family recycling collection fee is $.97 per -unit per- month. Service District Number II: - Mandatory multi - family recycling collection fee is $1.00 per - unit per- month. Commercial Can Account — District I: - A 96- gallon container collected twice a week is $13.42 /month or $161.06 /year. If a customer needs more than one container due to lack of space for a dumpster, each additional container is $13.42 /month or $161.06 year. The cost of disposal to be paid to the Solid Waste Trash Collection and Disposal Program for disposal per month is $4.62 /month or $55.41 /year per cart. This amount is to be paid monthly by Waste Management. Commercial Can Account — District II: - A 96- gallon container collected twice a week is $12.61 /month or $151.34 /year. If a customer needs more than one container due to lack of space for a dumpster, each additional container is $12.02 /month or $144.26 year. The cost of disposal to be paid to the Solid Waste Trash Collection and Disposal Program for disposal per month is $4.62 /month or $55.41 /year per cart. This amount is to be paid monthly by Immokalee Disposal. Recycling carts for clubhouses in areas where there is residential curbside collection shall be charged at the multi - family recycling rate; $0.97 per month or $11.64 per year. Agenda Item No. 16C1 September 26, 2006 Page 7 of 12 RATES FOR SUPPLEMENTAL RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE Residential Curbside Customers — District IIWMIF: Rear door service for non - handicapped customer $46.08 per unit/month Extra pick -up service (e.g., for move -in or move -out debris) $76.80, plus $10.24 for each item of bulky waste or white goods First request to exchange trash cart for a different sizeNo charge Subsequent request to exchange trash cart for a different size $10.24 delivery per exchange Commercial Customers — District I/WMIF: Additional unscheduled pickups Same rate as routine collection service in commercial rate resolution per container size Opening and closing doors and gates No charge Unlocking and locking gates No charge Changing containers for increases and decreases in service No charge Exchanging the container for a different size, if requested more No charge than two times in one year Rolling out the container from an outside enclosure and No charge returning it to its original location WMIF privacy lock bar set -up $10.24 per month (per bar) Replacement fee for damaged lock bar $51.20 one -time fee (per bar) WMIF locks for containers $10.24 one -time fee (per lock) Re- instatement fee (i.e., returning container(s) $68.61 each time after service stopped) Loading container (i.e., bagged MSW outside container) $25.60 per container Pressure washing 2, 4, 6 and 8 yard container) $92.16 per container Pressure washing roll -off compactor container (s) at time of service $281.59 per compactor container Maintenance of customer -owned container (s) $76.80 per hour, plus all parts ( @cost plus 15 %) Collection of bulky waste and white goods $35.84 for first item, (Note: WMIF may decline to provide this service, and if WMIF plus $10.24 for each Does, the customer may obtain this service from any other person) additional item Residential Curbside Customers — District II /ID: In yard service for non - handicap $61.44 per unit/year Extra pick -up service $51.20 plus $5.12 for each bulk item (white goods) Commercial Customers — District 111113: Extra pick -up service Same rate as routine collection service in commercial rate resolution per container size Unlocking and locking gates $10.24 per month Exchanging container for a different size if more than 2 times $35.84 per occurrence a year Lock bar set up $10.24 per month Replacement for damaged bar $51.20 per bar Lock for containers $10.24 per lock Pressure washing containers $40.96 per container Pressure washing roll -off compactor $153.60 per container Re- locating customer owned containers $25.60 per occurrence Maintenance of customer owned containers Collection of bulk items and white goods Re- instatement fee (i.e., returning container /s after service is stopped) COMMERCIAL AND RESIDENTIAL EXEMPTIONS Agenda Item No. 16C1 September 26, 2006 $51.20 per hour plus Page 8 of 12 all parts @ cost $10.24 first item, $5.12 each additional item $68.61 each time All commercial and residential exemptions approved will require a semi - annual inspection of all vehicles. Cost per year for commercial and residential exemptions will be $50.00 per inspection or $100.00 per year. Commercial Disposal Fee: See Attached Schedules (4 pages) - Attachment No. 1 SECTION 3: The effective date of this Resolution shall be October 1, 2006. This Resolution adopted this 26th day of September 2006 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, Clerk By: Approved as to form and legal sufficiency: David C. Weigel, County Attorney ATTACHMENTS: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, Chairman 5 r Q0 N C) r V O ZN O i c77 - d E CO � a O <C T O Z N Cl) CL = V co CO Z zL) N V W 000 � a x Q a � aw 63 6i 69. 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W 69 69 6q bc3 69 69 64 69 69 6s 6-1 69 69 69 64 69 69 H-) J L) LO 0) 'qf m V M (3) 0) M c0 I` ti It M M r— LO Y J N� LO I-- co N LO M - V r CO M t` N CD J Q O co r- (D to RT CO LO ti m 00 (fl - ce) 0) CO LS) m n V' N (n r� LO 00 W J r N N M S m WO CL Z W 0 H Q 64 613 vi M d3 EA fA M 63 Efl E!) 69 Efl 69 fA 69 69 643 W O CD M N LO r- N 0) 'T m t- V M •- M LO F- m 0) - ti O co V LO (D (D LO N V (D ti LO Cl) Q CO V (D N CD m IT N M t` It I` N O Lf) N (0 N LO 0) N � m M (D M 0) LO t— (D It t-- M J Z r N N N CO CO r N M'IT V LO Oo U � W J J O 0 6q fA 69 69 fA 64 69 69 69 69 EA 6s 69 fA (A M 69 CA UY N CO V LO (D - N Cl) LO (D N Cl) V LO M 20 W Z W LU W W Q w W W W >CD it aNNNNNN V' V vvvIt O(D(D(D(D(D O to 0- L L W r N W (X N U N M O ti 61 w w LL H Q U) W or Agenda Item No. 16C2 September 26, 2006 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve the sole source reconditioning of a Bellmer Winklepress used in the South County Regional Water Treatment Plant lime softening dewatering process from Ashbrook Simon - Hartley Corporation in the estimated amount of $111,707, Project No. 710053. OBJECTIVE: The public purpose is to ensure the reliability of the South County Regional Water Treatment Plant (SCRWTP) to produce water at full capacity by meeting the water demands of our customers and staying in compliance with state regulations. CONSIDERATIONS: The scope of this project includes the sole source reconditioning of the SCRWTP Bellmer Winklepress. Ashbrook Simon - Hartley will be responsible for removal of existing Winklepress roller bearing assemblies and installation of the reconditioned roller bearing assemblies and replacement components using Original Equipment Manufacturer parts. The Lime Softening process at the SCRWTP generates a non - hazardous lime softening sludge that goes through a secondary treatment where it is processed through a dewatering belt filter press. The SCRWTP belt filter press has been in service approximately 21 years. Three rollers on the press were replaced 6 years ago. The press at the SCRWTP is currently in need of a complete rehabilitation. The press roller bearing assemblies are worn to the point of causing premature failure of the belts. Belts historically last for 9 -10 months. Due to the condition of the roller bearing assemblies of the Winklepress, belts are being replaced every 4 -5 weeks. The cost associated with repairing the belts is $3,200 per set of two belts. For improved water treatment, the dewatering press needs to be in operation for optimal plant efficiency and finished water quality. Bellmer is the manufacturer and Ashbrook Simon - Hartley Corporation is the sole distributor of this product in North America. FISCAL IMPACT: Funding is available in and is consistent with the FY 06 capital budget approved by the Board of County Commissioners on September 22, 2005. Current appropriations are identified in the User Fee Fund (412), Project No. 710053. GROWTH MANAGEMENT IMPACT: This project will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex- officio Governing Board of the Collier County Water -Sewer District, grant approval for a sole source reconditioning of the South County Regional Water Treatment Plant (SCRWTP) Winklepress from Ashbrook Simon - Hartley Corporation in the estimated amount of $111,707. PREPARED BY: Howard Brogdon, Project Manager, Public Utilities Engineering Department Agenda Item No. 1602 September 26. 2006 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -�- Item Number: 16C2 Item Summary: Recommendation to approve lice sole source reconditioning of a Bellmer Winklepress used in the South County Regional Water Treatment Plant lime softening ciewaiering process from Ashbrook Simon - Hartley Corporation in the estimated amount of 5111,707, Project No, 71005?. Meeting Date: 9126120061 9:00.00 AM Prepared By Howard Brogdon Laboratory Supervisor Date Public Utilities Water 91112006 3:39:07 PM Approved By Karen B. Guliani, P.E. Senior Project Manager Date Public Utilities Public Utilities Engineering 9012006 4:10 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 9/412006 8:54 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 91512006 4:12 PM Approved By Jack P. Curran Purchasing Agent Date Administrative Services Purchasing 9/712006 9:05 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 91712006 10:46 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9/8/2006 2:58 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 9/8/2006 4:00 PM Approved By James W. Delany Public Utilities Administrator Date Public Utilities Public Utilities Administration 911312006 2:31 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1412006 1:50 PM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 9/19/2006 7:49 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911912006 8:31 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911912006 7:58 PM Commissioners July 27, 2006 Collier County Water Plant 3851 Utilities Drive Naples, FL 33964 Attention: Jim Foster Reference: Rebuild Proposal for Belt Filter Press Winklepress Size 3 (2.0 meter) Quote# 2003 -8195 Rev3 Dear Mr. Foster, Agenda Item No. 16C2 September 26, 2006 Page 3 of 8 Ash orr"AMa "10c"s FMsuus 11600 East Hardy Houston, TX 77093 (800) 362 -9041 Ashbrook Simon - Hartley is pleased to offer its proposal on new upgrade replacement parts and factory machine reconditioning for the above referenced location. Ashbrook's experience in designing and building new belt filter presses and repairing/rebuilding earlier model belt filter presses, can only enhance our position in offering the services and parts needed to provide additional years of service to your Ashbrook Winklepress. Ashbrook started its "Rebuild Program" to provide customers with "today's technology" on earlier model belt filter presses and an alternative to purchasing new replacement equipment. Over the past fifteen years Ashbrook has completed rebuild projects consisting of partial site repairs, complete site machine reconditioning, complete factory machine reconditioning, partial factory machine reconditioning and site machine upgrades. Equipment on these projects included Bellmer Winklepresses (German), English Belt Filter Presses, Ashbrook's MKII & Type 85 Klampresses, and other Belt Filter Presses. All parts supplied by Ashbrook Simon - Hartley, for reconditioning your machine(s), shall meet Ashbrook's latest O.E.M. design standards. All parts will be made to Ashbrook's standard level of quality under ISO9001 certified procedures. Scope of work: Ashbrook's scope for reconditioning the Winklepress includes using only new O.E.M. (Original Equipment Manufacturer) parts, site labor for disassembly /assembly, inbound/outbound freight charges and start up services. Ashbrook shall be responsible for the removal of the existing Winklepress roller bearing assemblies and installation of the reconditioned roller bearing assemblies and replacement components once parts arrive on site. To minimize down time Ashbrook shall supply a set of reconditioned rollers to be swapped out with existing rollers. After project is complete existing rollers removed from the Winklepress shall be returned to factory and become the property of Ashbrook. Project shall consist of one trip. Estimated down time for disassembly /reassembly of the Winklepress is 10 -12 days. Some of the items listed below consist of new pre - engineered machine upgrades designed to both enhance your machine's performance and lower its operational and maintenance costs. Agenda Item No. 16C2 September 26, 2006 Page 4 of 8 "Proposal — Collier County" Page 2 of 4 Winklepress Factory Rebuild QUANTITY DESCRITPION The list below details parts and service that shall be provided on the project. Complete set of reconditioned 60mm and 90mm stub shaft rollers consisting of the following: (6) 9'/2" Plain rollers (tensioning /guide) 60mm (2) 91/2" Steering rollers 60mm (2) 91/2" Pressure rollers 90mm (2) 10" Drive rollers 90mm (1) 11" Pressure roller 90mm (1) 16" Pressure roller 90mm (1) 18" Pressure roller 90mm (1) 32" Perforated pressure roller 90mm Drive rollers shall be recoated with 1/4" Buna -N rubber. Perforated stainless steel dandy roller will be sandblasted and fabricated from 316 stainless steel. All other rollers shall be recoated with 30 mils of thermoplastic nylon. All shafts will be inspected after bearing housing assemblies have been removed. Ashbrook will advise if roller shafts need to be repaired and/or replaced. Ashbrook will provide written estimate on shaft repairs, for approval, prior to proceeding with repair work. (32) New Ashbrook/Dodge internal bearing components. New Ashbrook/Dodge bearing components consist of triple labyrinth seal, bearing with steel bronze machined cage, taper lock nut assembly and splashguards. Bearing housings shall be reconditioned with 8- 10mils of thermoplastic nylon coating. Housing shall have a triple labyrinth seal for superior sealing against contaminants. Greasing intervals every 6 months. (1) Lot New 316 stainless steel mounting hardware for Ashbrook/Dodge bearing assemblies. (1) New upper emergency trip cord switch. (1) Lot Replace worn electrical switches (no cake, belt misalignment and belt breakage). Install new 316ss NEMA 4X press mounted junction box. Agenda Item No. 16C2 September 26, 2006 Page 5 of 8 "Proposal — Collier County" Page 3 of 4 (6) Replace worn hydraulic cylinders with new fiberglass steering and tensioning cylinders. New hydraulic cylinders shall have fiberglass outer casing, laminated phenolic heads, stainless steel tie rods and 316 stainless steel piston rods. (4) New upper and lower steering pivot plate assemblies. (2) New tension cylinder slide plate. Slide plate fabricated from (UHMWPE). (1) New Winklepress retrofit vertical wedge section with poly wear bars. Poly wear bars fabricated from (UHMWPE). Complete replacement of existing fixed and hinged perforated poly plates. (1) New vertical seal assembly. Vertical seal assembly fabricated from (UHMWPE). (1) Lot Poly grid wear bars (UHMWPE) on the upper gravity grid weldments. (1) New belt slide poly plate (UHMWPE). (4) New 316 stainless steel vertical and horizontal tension racks. (4) New 316 stainless steel tension pinion gears. (2) New SEW Eurodrive KA97 drive unit assembly with torque arm mounting brackets. (1) Lot Site labor for disassembly /assembly. (1) Inbound/outbound freight charges. (Offloading to be by others). Total Price per Winklepress rebuild: $111,707.00, F.O.B. Houston, TX with freight allowed to jobsite. The quoted pricing does not include any state prevailing wage rate requirements. Pricing is subject to review if project must meet prevailing wage rate requirements. Adders: 1.) New 4" x 6" 316 stainless steel inline mixer assembly: $2,430.00. 2.) New upper 316 stainless steel washbox assembly with adjustable seal panels. Assembly includes new 316 upper washbox, 316 stainless steel spray bar, mounting brackets and mounting hardware: $4,450.00. Agenda Item No. 16C2 September 26, 2006 Page 6 of 8 "Proposal _ Collier County" Page 4 of 4 3.) New 316 stainless steel drain trays: $8,895-00. Terms and Conditions: Shipment of parts to recondition the Winklepress can be made within 6 -8 weeks from receipt of purchase order. Invoice(s) are due after receipt of parts on site and/or after completion of site work. Payment terms are 100% net 30 days. Ashbrook's "Standard Terms and Conditions" are enclosed and apply in their entirety. Customer shall dispose of all unused machine components removed from the Winklepress. All local motor disconnect devices and/or local motor lockouts that may be required by a governing electrical code shall be provided and installed by others. Ashbrook Simon - Hartley will warrant, unless otherwise indicated, the new parts, of its own manufacture, for a period of (1) one year from date of delivery. Ashbrook's obligation under this warranty being limited to repairing or replacing, at its option, any part found to its satisfaction to be so defective, provided that such part is, upon request, returned to Ashbrook's factory, freight prepaid. This warranty does not cover parts damaged by decomposition from chemical reaction or wear caused by abrasive materials, nor does it cover damage resulting from misuse, accident, neglect, or from improper operation, maintenance, modification or adjustment. The quoted pricing does not include any state prevailing wage rate requirements. Pricing is subject to review if project must meet prevailing wage rate requirements. The quoted prices do not include any bonding, local, state or federal taxes, permits or other fees. Any bonding, taxes or fees that may apply must be added to the quoted price and paid by the buyer. This proposal is offered for acceptance within sixty (60) days from date of quotation. Prices are subject to review thereafter. Prices are firm, based upon receipt of Purchase Order or notice to proceed within this sixty (60) day period. We wish to thank you for the opportunity to provide this proposal. Should you have any questions, please feel free to contact the factory or Ashbrook's local representative Mr. Bob Bierhorst with MTS Environmental Inc. (Ph# 813- 929 - 4454). Best regards, Brian Ash Retrofit/Rebuild Project Manager cc: Mike Mclaughlin / Ashbrook Simon - Hartley Bob Bierhorst / MTS Environmental Inc. TELEFAX Agenda Item No. 1602 September 26, 2006 Page 7 of 8 Ma=Wnen and Anlagen ter due Paper-, Karton- Lind ZdWlottherstelfung, Suspenslonstrennung, 8d*wunentweaserung urd Fruchtenteaftung Qe6c Befterem6H +Ca XG • PosftM 13 69.675220IWfrn- mm An/To : Glen Alien NrJNo. 1329 Firma/Company : Ashbrook Datum/Date 24.03.94 Von /From : Mr. Martin Kollmar Vice President and Zeichen/Ref. MK/Pf Shareholder Telefax : 0011713 -,449 -1324 Seiten /Pages 1 Ashbrook Corporation, Housl�h Texas is the sole authorized Bellmer representative in North America. Any originals are parts can only be acquired through Ashbrook. Parts purchased from other sour tInklepresses. are not genuine Bellmer parts and may jeopardize the quality and integrity of the Thank you in advance for your consideration. iliiith best regards Gebr. Belimdf GmbH & Co KG GmbH NCDco () O ..- cn O O N co .60) GN � i (6 E�� = E � a N Cn d O ti O r'> Z L .r v o � as o O N 04 E d co m C m w Ci � L cc .. O7 J �cn v I. ~ N CN r d � O a; n: C i 4, 7 O G ►�. Ci m E r U m ° r O Cy U o a� a L Ci US o C �+ C c m Y 3 R m = V E w CL °+ 6f C = V C Q R C E l m o O w ` p E H (n U d N M d O D1 G W O Z w = a a ~ � z ce a CL (A Agenda Item No. 16C3 September 26, 2006 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to reject the bid received for Bid No. 06 -3946R and to authorize the staff to re- advertise for the North County Regional Water Treatment Plant Chemistry Laboratory Ventilation Improvements ; Project 700952 OBJECTIVE: The public purpose is to improve ventilation and humidity problems by receiving competitive and responsive bid offers for construction of ventilation improvements to the North County Regional Water Treatment Plant Chemistry Laboratory ( NCRWTP Laboratory). CONSIDERATIONS: The NCRWTP Laboratory was evaluated for fume hood ventilation effectiveness, air unit temperature and humidity control and effectiveness of air unit operation during use of exhaust hoods. Improvements to the laboratory fresh air intake were also recommended to lessen effect of plant generator exhaust on laboratory ventilation. Bid # 06- 3946R, construction of North County Regional Water Treatment Plant Chemistry Laboratory Ventilation Improvements, was advertised on March 23, 2006 in accordance with County Purchasing policy and 177 notices were sent. Prospective bidders purchased two sets of bidding documents and on April 14, 2006, one (1) bid was received for the project from D.N. Higgins, Inc.. The bid tabulation is attached. D.N. Higgins, Inc. submitted a proposal of $784,000. The proposal is in excess of engineer's estimate of $282,595 and the available project budget. The County requested a third party to provide an estimate of probable costs and work order CDG -FT- 3657 -06 -01 was issued to Construction Dynamics Group, Inc. (CDG) on .tune 8, 2006. CDG provided a cost estimate of $534,303 for the North County Regional Water Treatment Plant Laboratory Ventilation Improvements. The Public Utilities Engineering Department and the Purchasing Department cannot recommend a contract award based on the bid received. It is in the County's best interest to re- advertise. Staff proposes to re- advertise the North County Regional Water Treatment Plant Chemistry Laboratory Ventilation Improvements in October 2006 using the estimate provided by CDG to assist the County in getting the best value in project scheduling and cost. The proposed contract is consistent with the 2005 Water Master Plan Update as adopted by the Board on June 6, 2006, Agenda Item IOB. The Purchasing Department has reviewed the information contained in this Executive Summary. FISCAL IMPACT: The request has no fiscal impact. Fiscal impact will be addressed in a future request for contract award. The intent of this proposed work is consistent with the Water Capital Budget fund for FY06 as approved by the Board on September 22, 2005. GROWTH MANAGEMENT IMPACT: The request has no impact on the project meeting the current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex- officio Governing Board of the Collier County Water -Sewer District, rejects the proposal submitted in response to Bid # 06 -3946R and authorize the staff to re- advertise. PREPARED BY: Howard B. Brogdon, Public Utilities Engineering Department, Project Manager Agenda Item No. 16C3 September 26, 2006 Page 2of16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C3 Item Summary: Recommendation to reject the bid received for Bid No. 06 -3946P and to authorize the staff to re- advertise for the North County Regional Water Treatment Plant Chemistry Laboratory Ventilation improvements; Project 700952 Meeting Date: 9/2G/2000 9:00:00 AM Prepared By Howard Brogdon Laboratory Supervisor Date Public Utilities Water 9/112006 3:53:44 PM Approved By Jack P. Curran Purchasing Agent Date Administrative Services Purchasing 91112006 3:58 PM Approved By Karen B. GOliam, P.E. Senior Project Manager Date Public Utilities Public Utilities Engineering 91112006 4:06 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 9/112006 4:14 PM Approved By Paul Mettausch Water Director Date Public Utilities Water 914/2006 8:23 AM Approved By Thomas Wide, Operations Director Date Public Utilities Public Utilities Operations 9!512006 4:04 PM Approved By Steve Carrell Purchasing/General Svcs Director Date Administrative Services Purchasing 91812006 2:59 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 9/8/2006 4:26 PM Approved By James W. De Lony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/1312006 2:32 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9114/2006 1:51 PM Approved By Susan Usher Senior ManagemenVBudget Analyst Data County Manager's Office Office of Management & Budget 9119/2006 9:13 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/19/2006 9:04 PM Commissioners Construction Dynamics Group an ARCADIS company Mr. Howard Brogdon Project Manager Collier County Public Utilities Engineering Department 3301 East Tamiami Trail Building H, 3'" Floor Naples, FL 34112 Agenda Item No. 16C3 September 26, 2006 Page 3 of 16 U. CE. D. June 29, 2006 Re: Work Order No. CDG-FT -3657 -06-01 Cost Estimate for North Collier County Regional Water Treatment Plant HVAC Renovation Dear Mr. Brogdon, We have completed a cost estimate for the HVAC Renovation at the North Collier County Regional Water Treatment Plant. The cost estimated is based upon the drawings and specifications prepared by TLC Engineering dated 7/14/2005. The scope of work includes furnishing and installing the following equipment and materials: 1. Outside Air Solutions Model DP -50 690 -DHR Makeup Air Unit air handler, ACU -690 condensing unit and associated refrigeration piping. 2. Trane Model MCCB -030 air handler, 2TTA A2030 condensing unit and associated refrigeration piping. 3. Controls work as specified on the drawings. 4. Two exhaust fans as specified. 5. Four electric duct heaters as specified. 6. Relocated motorized volume dampers. 7. Metal Fab single wall Corr /Guard ducts. 8. Three (3) 316 stainless steel acid sink exhaust hoods. 9. 316 stainless steel ducts as shown on the drawings. 10. Aluminum ducts and intake ducts (2) as shown on the drawings. 11. Galvanized ducts as shown on the drawings. 12. Insulation for ducts as shown on the drawings. 13. Five (5) supply diffusers, four (4) slot diffusers and three (3) return grilles. 14. One stainless steel fire damper. 15. Structural steel platform for AHU- 5A. Support for AHU -513. 16. Vibration isolation of two (2) air handler units. 17. Electrical work as shown on the drawings. 18. Test and Balance work as defined in the specifications. 19. Crane rental. 20. Rigging subcontract for placement of item 1 and 2. 21. Roof work. 22. Building work (Enlargement of OA intake louver to facilitate placement of AHU -5A and - 5B). 23. Refurbishing four (4) lab hoods. 40 Sarasota Center Blvd., Suite E -104 - Sarasota, Florida 34240 Local: 941.378.3555 - Fax: 941.378.3483 www.cdg-cm.com Agenda Item No. 16C3 September 26, 2006 Page 4 of 16 Demolition work includes: 24. Remove AHU -5 25. Remove CU -5 26. Remove outdoor air louvers. 27. Remove ducts in Laboratory area. 28. Remove and re- install seven (7) motorized dampers. 29. Remove EF -25. It is recognized that the work must be performed in phases so that interruptions to the laboratory day - today operations are minimized. However, in order to achieve a timely, efficient construction schedule the following phases of work are proposed. Our cost estimate is based upon this phasing of work. A. Install the structural steel platform for AHU -5A and supports for AHU -513. Install the electrical system for the two air handlers. Prefab the south aluminum outside air intake. B. Over a weekend shutdown, remove the south outside air (OA) intake, enlarge the OA opening and remove any ducts that will interfere with the placement of AHU -5A and AHU -513. Move AHU -5A and AHU -513 to the platform. Reconnect any ducts removed and install the new south OA intake. C. Complete the installation of AHU -5A and AHU -513 and their associated condensing units and controls. Complete electrical work. Start -up and check out AHU -5A and AHU -513. Complete the building work on the OA duct. D. Prefab all ducts and have all other equipment on site. E. Shut the laboratory down for a three (3) week period to perform demolition work and complete the installation as shown on the drawings. Perform test and balance work. F. Refurbish lab hoods one at a time. If this phasing of work is not feasible, the work will have to be accomplished in weekend shutdowns which will result in increased costs and take longer to complete. It is possible that a lack of clarity in the bid documents on this specific issue could be the cause of pricing discrepancies experienced. One item of special note is the single piece air handler (AHU -5A) which weighs 3400 lbs. The wall louver opening will have to be enlarged and special rigging placed to move the AHU into place. The estimated cost to perform this work is Five Hundred Thirty Four Thousand Three Hundred Dollars ($534,300.00). This estimate is based upon using a local Mechanical Contractor that will not require per diem or travel expenses. Construction Dynamics Group an ARCADIS company Agenda Item No. 16C3 September 26, 2006 Page 6 of 16 ESTIMATE SUMMARY Project: North County Regional Water Treatment Plant HVAC Renovations Documents: 100% Construction Drawings by TLC Engineering Dated July 14, 2005 DIVISION DESCRIPTION VALUE 1 GENERAL REQUIREMENTS $21,867 5 METALS $17,566 7 ROOF WORK $4,000 9 ACOUSTICAL CEILING $7,350 15 MECHANICAL SYSTEMS $460,171 16 ELECTRICAL SYSTEMS $23,350 $534,303 Estimated By: Construction Dynamics Group, an ARCADIS company Estimate Work Sheet 6/29/2006 CONSTRUCTION DYNAMICS GROUP, INC. 1 of 1 Agenda Item No. 16C3 September 26; 2006 Page 7 of 16 ESTIMATE SUMMARY North County Regional Water Treatment Plant HVAC Renovations June 2006 ISECTIONI DESCRIPTION VALUE $4,000 Payment & Performance Bonds $2,622 Builders Risk Insurance $2,622 DIVISION 9 General Liability Insurance $' 622 15000 Permit Allowance $2,0(X) General Requirements 812,000 01000 DIVISION 1 TOTAL VALUE 821,867 05000 STEEL AND METALS 05000 DIVISION 5 TOTAL VALUE $17,566 07000 ROOF WORK 07000 DIVISION 7 TOTAL VALUE $4,000 09000 ACOUSTIC CEILINGS 09000 DIVISION 9 TOTAL VALUE $7,350 15000 HVAC - MECHANICAL 15000 DIVISION 15 TOTAL VALUE $460,171 16000 ELECTRICAL 16000 DIVISION 16 TOTAL VALUE $23,350 TOTAL ESTIMATED PROJECT COST: $534,303 6/29/2006 Estimate Work Sheet ABI Companies, Inc. 1 of 1 'V O D 00 �N N O7 RS (D C ml� d ID O C/) cm Q N A I y � A a b 0 2 F a f 2 a Z V yVp p t0 Un F z M w W N N N N a W 67 v�gggggg5� gi g S� N � o^ 000popopop�000 0 u x a � N N x v ■ pd� c tr7 EE RA E 3 W 9 i 8 2 \/ � E fk i/ � § ! 2 \ 7 CL / 7 ) .. . d ; \) 0u ) z ®5 §{ \} k / - -- - )§ /±y ƒ -- - -- §§ _ �� k k k e \ as 5 j5\\ \G 5 & \ \\ k� \) - - - - - -® - - - -- - k\ Gƒ 2! \ z o ■ ) f s s a ` 66£2$ « k !!j ! _ ) k e )~ � ; � |§ ; � .! 2 }F. ( � � §[ / z !tea k § P. k k 5 \ § A § ± � \ § \ $� 2 , ■ . § J 2 \ k \ ) § � ) \ � k � § ± � m } ) ! \ k e }` / $ = =E fƒ k / § 5 ■ 2 § 2 §2 k \/ z - )a� ' $ � |§ ; � .! 2 }F. ( � � §[ / z !tea k § P. k k 5 \ § A § ± � \ § \ $� 2 , ■ . § J 2 \ k \ ) § � ) \ � k � § ± � m } ) ! \ k e }` / $ �Q C� ,O June 22, 2006 From: Process Air System Sales, Inc. PO Box 1710 Riverview, FL 33568 TO: Mr. Herb Newman REF: Collier Water Treatment Lab Agenda Item No. 16C3 September 26, 2006 Page 11 of 16 Quote # P06- 044 -6WG This quote replaces all previous offerings for this Proj ect. We are pleased to provide this revised proposal for an Outside Air Solutions DP50- MoirtuRe- Mover® Ventilation/Humidity Control Unit for this project to provide outside air ventilation cooling and humidity control: The unit is a DP50- 690 -DEIRR split d/x system with horizontal or vertical discharge and an outdoor air cooled condensing unit, designed to process 100% outside air, including: * Heavy gauge galvanized steel base and floor * Extruded aluminum cabinet frame * Double wall cabinet with aluminum inner and outer walls and roof * 1", 2 #, R -6.5 internal cabinet insulation * Copper tube /copper fin D/X and reheat coils * Rapid cyele -hot gas r-ekeat and hot gas bypass controls for variable temperature and humidity control of space * Stainless steel drain pan * Plenum type Class I supply fan belt driven by ODP fan motor * Remote air cooled condensing unit with copper tube /aluminum fin condenser coils * Galvanized steel condenser fans direct driven by totally enclosed motor * Copper refrigerant piping with hot gas bypass, filter driers and thermal expansion valves * Control panel with motor contactors, phase failure protection, operating relays and safeties * Start/Stop interface with building EMS * High and low refrigerant pressure cutout switches * 1" metal mesh pre - filters and 6 ", 65% cartridge filters in slide -out racks * Side access damper and filter rack assembly * Single point power connection * Modu -Flow Package with internal modulating damper, Supply fan AFD, fan inlet air flow measuring station and microprocessor controller for VAV operation to 15% airflow * Stand -alone microprocessor controls * Access doors on fan, coil, control, filter and compressor sections * One year parts warranty on entire unit and five year compressor parts warranty * Freight allowed to first destination OAS MoistuRe- Mover® The Ultimate Outdoor Air Solution Outside Air Solutions Company ♦ 8900 Glebe Park Drive ♦ Easton, MD 21601 ♦ 410.822.8763 ♦ fax 410.822.3797 www.outsideairsolutionszom -1- Agenda Item No. 16C3 September 26, 2006 Page 12 of 16 Collier Water Treatment Lab DP50 -DHRR proposal page two * Internal electric heat section for winter heating * Factory run test Not included: * Sales tax * Roof Curb * Field Start up service * Main power disconnect switch * Installation or rigging * Interconnecting piping, wiring, insulation or refrigerant to remote condensing unit * Roof work of any kind * Power or control wiring to units * Structural steel or concrete support for units * Ductwork of any kind * Condensate piping or insulation * Interface wiring to BMS NET PRICE $107,432.00 Price is valid for 30 days and subject to revision thereafter. Current production loading dictates an October, 2006 delivery schedule. This is subject to change based on new work received before confirming Purchase Order is received. Freight is F.O.B. shipping point in Easton, MD. Payment terms are Net 30 days after shipment. A late charge of 1 -1 /2% per month will be added to past due accounts. Thank you for the opportunity to present this proposal. I hope this proposal provides the information you are seeking, and we look forward to working with you further on this project. Very truly yours, Outside Air Solutions COMP .lames L. Cayce Vice President .2— Agenda Item No. 16C3 September 26, 2006 TiR�WE. Proposal Tine Page 13 of 16 A Division of American Standard Inc. PROPRiETARY"ANL CONFIDENTIAL PROPERTY uF T RAKE DiS;"RIBUDCN 7`0 OTHER THAN THE NAMED RECiPiENT iS PROHISiTED 2006 Al:nor;car, Sra -dart' A:; Rights R'acar •sc Prepared For: Date: June 14, 2006 Engineer, NEWMAN, HERB P.E., P.A. Proposal Number: H5- 65267 -1 Job Name: Engineer: Collier Cty Lab Pricing Delivery Terms: Payment Terms: Freight Allowed and Prepaid - F.O.B. Factory Net 30 Days Trane is pleased to provide the enclosed proposal for your review and approval. Tag Data - Split System Air Conditioning Units (Small) (Qty: 1) Item I Tag(s) Oty I Description I Model Number Al CU -1 1 11 - 6 Ton Unitary Split Systems 2TTA0030 -0000 -0 Product Data - Split System Air Conditioning Units (Small) Item: Al Qty: 1 Tag(s): CU -1 Split System Cooling Outdoor Unit 2.5 Ton Nominal Cooling Capacity 460 Volt 3 Phase 6D Heitz Bronz -Glow coil coating Tag Data - Indoor Central Station Air Handler Units (Qty: 1) Item I Tags Oty I Description I Model Number B1 AHU -1 1 1 Indoor M- Series Climate Changer air han I MCCB003 Product Data - Indoor Central Station Air Handler Units Item: 131 Qty: 1 Tag(s): AHU -1 Unit level selections M- Series climate changer Unit size 03 STD 4" mounting leg UL listed unit Filter module (Pos #1) Flat filter Solid DW panels 1.50 lb insulation Right hand door 2" filter frame Pleated media filters - MERV 7 J: UOBS145165267.A121Collier Cty Lab Pricing prop. doc Agenda Item No. 16C3 Collier Cty Lab Pricing Septemberu9 &1c'N66 F a g e I4 o i Coil module (Pos #2) Horizontal coil section Solid DW panels 1.50 lb insulation Galvanized drain pan Right hand dpan connection Refrigerant Coil supply right hand Type "F" coil Cooling coil 4 row coil 93 Fin spacing Aluminum fins Galvanized steel coil casing ARI rated and certified R -22 Accessltuming module (Pos #3) Large inspection /blank module Solid DW panels 1.50 lb insulation Fan module (Pos #4) Supply fan Solid DW panels 1.50 lb insulation 3B - 9.5" (241.3 mm) FC Right hand door Top -back discharge Energy eff open drip proof motor 1.5 variable drive 1.0 HP Voltage 460/3 60 cycle /sec RH drive Both sides extended grease lines Total Net Price (Excluding Sales Tax) ................................................... ..............................$ 4,539 Sincerely, Jim Sparling - Trane 902 N. Himes Avenue Tampa, FL 33609 -1399 Phone: (813)877 -8251 Fax: (813)877-8257 FCD = Furnished by Trane / Installed by Others Trane Equipment Proposal Page 2 of 5 C'7 CO c U i a) N r- a QO L m CD (n Z 3 O m O a o Q Z E z a) E a) 0 a E C O m C c Q1 � O � 00 T (6 m -0 p (6 U J a) ca O Q in a. 2 E (D L U c R FL c a) E m m a) Ira c0 C O a) c 0 U `o Z CD O) M Cfl 0 m 0 0 0 0 0 0 O O o 0 o O o 0 O O O C D O C D C D 0 -a O o O O O O o 0 o O o 0 0 0 0 0 0 0 0 0 0 0 d 16 a) C7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 C U o 0 o 0 O 0 0 0 o 0 O 0 o O 0 O 0 O 0 o 0 O 0 0 O O o o 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 _C °:a P_: C6 C6 C6 cri U5 c3iNiC rioo{�N a'Nt'O'N�� Ul LL m IT N N m co r O rt N- oho ti C Efl 69 69 EA 69 lfl EH 69 V) 64 64 1641 fR ffl 69 EA Efl 69 EH 69 O O O O O o 0 0 0 0 0 0 0 0 O O Cl o O C 0 0 0 0 0 0 O O o 0 0 0 0 0 O O O o 0 p d 0 0 0 0 0 0 O O Co o 0 0 0 0 O O O O O p p C .V o O 0 o 0 0 0 0 0 0 o 0 O 0 o 0 Co 0 0 0 0 0 0 0 0 0 0 0 O Co O O O O O o o 0 p p p ` d t- M OD M o u o q7 O M OO L6 t- V CA C6 In o 00 - `- O a) � N N M Cl) r CO "T N r c- I- N N r r N t-- 69 69 611116q 16416q U) 69 69 69 6A 69 69 69 69 69 69 to 69 Cn(n(n(nU)U) CnCn m(nm(nCnm CnmfntommCn J J J J J J J J J J J J J J J J J J J J J r r r e- r r r r r r r r r r r r r r C O R � y d C CD R C O ,.+ w J 7 _U 't3 vU) E t E r) E c a) c O ZUi>3 m _ +r °o w C Of m a) m Ln Q LO m a c t0 = c m > cu _ ~ fl Ca N N Y p i s M °tS R - O Ca) CD E C 'si r d C R m LL"1 :� O - a) _ J •` Q Ln 0) JIQD) . sa. R C) O� E fN6 O •-0 - d�Cn�Q� W ��W�OUJ dUW0�m ID co CD L� D v z N (D L E O a> � C O �z c cn n o E z Q! co m M O CO T T N CU _0 n U U m O a o �* z rn -oo o a. c O o � 00 a U m N O CL _ C ca U c O � 'o o � L CO c O c 6 O .o m O 2 O =_ m O) L N o U C E O N Y L c N fl- U C CO7 U 7 G W '6 CO O) C Q C O — O Q co c0 �U U m� cn � N N iii C N O n] d •,_ p) f15 w O M O 76 j Qm rc'JUim C d� Agenda Item No. 1604 September 26, 2006 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve the Underground Conduit Installation Agreement with Florida Power & Light Company and authorize conveyance of utility easements in an amount not to exceed $500.00, for the installation of underground electric service related to the Reclaimed Water Aquifer Storage and Recovery, 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 provide adequate electrical infrastructure for the construction and operation of the Reclaimed Water Aquifer Storage and Recovery Project. 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 consistent with the 2005 Wastewater Master Plan Update as adopted by the Board on June 6, 2006, Agenda Item 1 OB. Florida Power & Light requires that the County install conduit, cable markers and associated materials provided by FPL in accordance with the agreement (attached) and specifications attached to the agreement. In order for Florida Power & Light Company to provide this underground electric service to the reclaimed water ASR facility the County is also required to provide, execute and record the Utility Easements. The utility easements will be located at the project site, 15694 Livingston Road. One easement will encompass the length of the conduit trench path and have a width of 10 ft. The second easement will be 10 ft. by 10 ft. to include the 500 KVA transformer. Recording of the Florida Power & Light easements shall not exceed $500.00. FISCAL IMPACT: Funding is available in and consistent with the FY 06 Fiscal Year Capital Improvement Budget approved by the Board of County Commissioners on September 22, 2005, and is identified in the reclaimed Water ASR Project 74030. Source of funds is Wastewater User Fees (Fund 414). GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water Sewer District; 1. Approve and authorize the Chairman to execute Underground Conduit Installation Agreement after approval by the County Attorney's Office. I of 2 Agenda Item No. 16C4 September 26, 2006 Page 2 of 13 2. Approve and authorize the Chairman to execute the Easements after approval by the County Attorney's office 3. Authorize County Manager or his Designee to proceed to record the easements. PREPARED BY: Alicia Abbott, Public Utilities Engineering Project Manager 2 of Agenda Item No. 16C4 September 26, 2006 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -^ Item Number: 16C4 Item Summary: Recommendation to approve the Underground Conduit Installation Agreement with Florida Power & Light Company and authorize conveyance of utility easements in an amount not to exceed $500.00, for the installation of underground electric service related to the Reclaimed Water Aquifer Storage and Recovery, Project 74030. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Alicia Abbott. E.I. Project Manager Date Public Utilities Public Utilities Engineering 9/5/2006 8:39:51 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/6/2006 9:34 AM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 9/712006 9:19 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 9/B12006 4:35 PM Approved By Lyn Wood Purchasing Agent - Date Administrative Services Purchasing 9/11/2006 4:56 PM Approved By Steve Carneli Purchasing /General Svcs Director Date Administrative Services Purchasing 9/1212006 8:46 AM Approved By G. George Yllmaz Wastewater Director Date Public Utilities Waste Water 9/1312006 8:23 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9113/2006 2:32 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9114/2006 1:51 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 9/1912006 8:07 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911912006 8:35 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911912006 9:08 PM Commissioners a-- Agenda Item No. 16C4 September 26, 2006 Page 4 of 13 P U - E. D. NOTIFICATION OF FPL FACILITIEft _? Customer /Agency: ALICIA ABBOTT Date of Meeting /Contact: 'g v Developer /Contractor: Project Number /Name: � Location of Project: 15694 LIVINGSTON RD N City: NAPLES FPL Representative: Robinson Zafra Phone: 239 17 7' %370 Developer /Contractor Representative: e2! / ' ' �ews FPL Work Request #: 2238733 FPL calls your attention to the fact that there may be energized, high voltage electric lines, both overhead and underground constructed, located in the area of this project It is imperative that you visually survey the area and that you also take the necessary steps to identify all underground facilities prior to commencing construction and determine whether the construction of any proposed structures will bring any person, tool, machinery, equipment or object closer to FPL's power lines than the OSHA - prescribed limits. If it will, you must either re- design your project to allow it to be built safely given the pre- existing power line location, or make arrangements with FPL to either deenergize and ground our facilities, or relocate them at your expense. You must do this before allowing any construction near the power lines. It is impossible for FPL to know or predict whether or not the contractors or subcontractors, and their employees, will operate or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, in dangerous proximity to such power lines during the course of construction, and, if so, when and where. Therefore, if it becomes necessary for any contractor or subcontractor, or their employees, to operate or handle cranes, digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer to underground or overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented. FPL has certain minimum clearances that it must maintain. If you build your structure so that those clearances can not be maintained, you will be required to compensate FPL for the relocation of our facilities to comply with those clearances. As such, you should contact FPL prior to commencing construction near pre- existing underground or overhead power lines to make sure that your proposed structure does not impinge upon FPL's clearances. It is the responsibility of you and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations: 1. Make absolutely certain that all persons responsible for operating or handling cranes, digging apparatus, draglines, mobile equipment or any equipment, tool, or material capable of contacting a power line, have a copy of and are familiar with all applicable state and federal regulations, including but not limited to U.S. Department of Labor OSHA Regulations, before commencing their work; 2. Make sure that all cranes, digging apparatus, draglines, mobile equipment, and all other equipment or materials capable of contacting a power line have attached to them any warning signs required by U.S. Department of Labor OSHA Regulations; 3. Post and maintain proper warning signs and advise all employees, new and old alike, of their obligation to keep themselves, their tools, materials and equipment a minimum of 10 feet away from any overhead power lines, and of the location of the lines, the hazards involved, and the protective measures to be taken. 4. All excavators are required to contact the Statewide Utility Facility Locating phone number -1 -800- 432 -4770 two to five days in advance of commencement of excavation to ensure facilities are located accurately. 5. Conduct all locations and excavations in accordance with the Florida State Statute 556 of the Underground Facilities Damage Presentation & Safety Act and all local city and county ordinances that may apply. 6. When an excavation is to take place within a tolerance zone, an excavator shall use increased caution to protect underground facilities. The protection requires hand digging, pot holing, soft digging, vacuum methods, or similar procedures to identify underground facilities. A copy of this notification should be provided by you to each contractor and subcontractor on this project, to be shared with their supervision andgmployees prior to commencing work on this project 3301 1 W V-00/i Means b ch this notification was provided to customer and /or contractor Address 3 y //Z 7 D6 FPL 7presentative Watu Date Agenda Item No. 16C4 September 26, 2006 Florida Power & Light 6 ,n'yof 13 26430 Old US 41 Rd Bonita Springs, FL 34135 FPL August 8, 2006 Attn: Alicia Abbott COLLIER COUNTY GOVT. PUBLIC UTILITIES ENGINEERING 3301 EAST TAMIAMI TRAIL BLDG H NAPLES, FL. 34112 RE: 15694 LIVINGSTON RD Dear Mrs. Abbott: During the design process for FPL facilities at 15694 Livingston Rd, it has been determined that a 500 KVA padmount transformer will be installed to provide power to the ASR Wellsite and easement requirements have also been determined in order to serve power to this transformer at this location. FPL will require a 10' foot easement encompassing the trench path to the transformer and a trench path that stubs out 5' feet to the north of the transformer and a 10'ft X 10'ft easement encompassing the padmount transformer. Explicit details about the easement are described below. In order to provide underground service to 15694 Livingston Rd, the design calls for the installation of 1 -5" PVC through out the designated trench path. The designated trench path is shown by two points marking the start and end of the trench on the illustration that is provided along with this letter. Everything that needs to be trenched will be between these two points and a small section of 5' feet to the north of the transformer. This section will have 5' of 5" PVC coming out of the transformer and will have an Electronic Marking Device (EMD) at the end of the trench. This section is needed for future extension of FPL underground facilities. The trench path for the PVC should have a minimum width of 18" inches and a minimum cover depth of 36" inches. They are labeled as a circle with a number in the center as Location 1 and Location 2. Location 1 is the location of the existing power pole and the proposed riser that will be installed inorder to bring the power lines underground. Location 2 is the location where the 500 KVA padmount transformer will be installed. The FPL Utility easement will start from the west property line just in front of the existing power pole at Location 1 and will continue through out the length of the trench path up to Location 2 and 5' feet out from the transformer to the north. The width of the easement encompassing this trench path will be set to 10' feet. At Location 2, a 101ft X 10'ft easement encompassing the 500 KVA transformer will also be required. As with many new homes near waterways, flood plane issues have affected meter socket heights and accessibility. Please be sure to install the center of the meter socket at 5' to 6' above grade or platform. If the meter socket is installed on the wall above 6' from grade then a platform will be required in order to obtain proper heights. Proper height requirements are important in order for FPL to perform maintenance and meter reading on a monthly basis. I have included a diagram of the meter platform requirements. If a platform is required, the connection will not be made nor will a meter be set until a platform has been installed. Due to FPL's heavy work load, please begin the process of completing the above mentioned easement requirements. I am not able to release the job to provide facilities until this easement and all necessary documents and payments are obtained. Once the easement and all necessary an FPL Group company Agenda Item No. 16C4 September 26, 2006 Page 7 of 13 SPECIFICATIONS FOR PRECAST TRANSFORMER LOCATION WORK REQUEST # 2238733, IWR# 4705 -044 -0547 DATE August 8. 2006 R# NAME OF CUSTOMER: COLLIER COUNTY UTILITIES ADDRESS: 15694 LIVINGSTON RD NAPLES, FL. 33969 FPL REPRESENTATIVE: Robinson Zafra TEL. NO. (239) 947 -7370 SECONDARY DELIVERY VOLTAGE: 277/480V, Three - Phase, Four -Wire, Wye Service CUSTOMER AGREES TO: 1. GENERAL: 1.1 PROVIDE A SUITABLE LOCATION, COMPACTED AND LEVEL TO 3" BELOW FINAL GRADE, FOR FPL TRANSFORMER PAD AND INSTALL SECONDARY /SERVICE FROM PAD TO BUILDING AS SPECIFIED ON THE ATTACHED EXHIBIT "A" AND AS OUTLINED BELOW. 1.2 IT IS FURTHER UNDERSTOOD AND AGREED THAT SUBSEQUENT RELOCATION OR REPAIR OF THE FPL SYSTEM, ONCE INSTALLED, WILL BE PAID BY THE CUSTOMER IF SAID RELOCATION OR REPAIR IS A RESULT OF A CHANGE IN THE LAYOUT OR GRADING BY THE CUSTOMER OR ANY OF THE CUSTOMER'S CONTRACTORS OF SUBCONTRACTORS FROM THE TIME THE UNDERGROUND FACILITIES WERE INSTALLED; AND THAT SUBSEQUENT REPAIR TO FPL'S SYSTEM, ONCE INSTALLED, WILL BE PAID BY THE CUSTOMER IF SAID REPAIR IS A RESULT OF DAMAGE CAUSED BY THE CUSTOMER OR ANY OF THE CUSTOMER'S CONTRACTORS OR SUBCONTRACTORS. 1.3 NOTIFY GENERAL CONTRACTOR, ELECTRICAL CONTRACTOR AND APPLIANCE SUPPLIERS OF THE SERVICE VOLTAGE TO BE SUPPLIED BY FPL. 2. EASEMENTS; PROVIDE FPL WITH GOOD AND SUFFICIENT EASEMENTS, INCLUDING LEGAL DESCRIPTIONS AND SURVEY WORK TO PRODUCE SUCH EASEMENTS,FOR THE INSTALLATION AND MAINTENANCE OF ITS ELECTRIC DISTRIBUTION FACILITIES MUST BE GRANTED OR OBTAINED, AT NO COST TO FPL, PRIOR TO FPUS ENERGIZING ITS FACILITIES. 3. SITE REQUIREMENTS: 3.1 GRADE: WITHIN THE EASEMENT, FILL OR CUT TO WITHIN 6" OF FINAL GRADE, PROVIDE GRADE STAKES AND CLEAR EASEMENT OF TREES, STUMPS, CONSTRUCTION MATERIALS, AND OTHER OBSTACLES BEFORE AND DURING CONSTRUCTION BY FPL OR FPL CONTRACTORS. 3.2 COMPACTION: AFTER FPL OR ITS CONTRACTOR HAS BACKFILLED THE TRENCH USING ROUGH - GRADING TECHNIQUES, THE CUSTOMER IS RESPONSIBLE FOR PROVIDING COMPACTION OR OTHER SPECIAL BACKFILL. FPL WILL NOT BE RESPONSIBLE FOR SETTLING OF THE TRENCH ROUTE. 3.3 PLANS: PROVIDE FPL WITH LOCATION AND DEPTH INFORMATION AND /OR DRAWINGS OF ALL EXISTING OR PROPOSED UNDERGROUND FACILITIES ON THE CUSTOMER'S PROPERTY. LOCATE OR EXPOSE UNDERGROUND FACILITIES WHEN REQUESTED BY FPL. 3.4 NOTIFICATION: PROVIDE FPL WITH AT LEAST THREE (3) WEEKS NOTICE PRIOR TO THE COMMENCEMENT OF PAVING, LANDSCAPING, SODDING, SPRINKLER SYSTEMS AND OTHER SURFACE WORK. CUSTOMER WILL BEAR THE COST OF RESTORING THESE OBSTRUCTIONS TO THEIR ORIGINAL CONDITION IF ABOVE NOTICE IS NOT PROVIDED. 4. TRANSFORMER PAD LOCATION: 4.1 LOCATION: PAD WILL BE INSTALLED AT GRADE LEVEL AND LOCATED AS SHOWN ON EXHIBIT "A ". SEE EXHIBIT "A" FOR EXACT LOCATION OF PRECAST CONCRETE PADS, HANDHOLES, AND CONDUIT TRENCHES. 4.2 CLEARANCES: A MINIMUM CLEARANCE OF THREE (3) FEET MUST BE MAINTAINED AT SIDES AND REAR OF TRANSFORMER PAD AND EIGHT (8) FEET IN FRONT OF PAD AS SHOWN ON THE ATTACHED DRAWING DCS UN -21. THIS CLEARANCE APPLIES TO ALL TYPES OF OBSTRUCTIONS INCLUDING LANDSCAPING AND FENCES. 4.3 PROTECTION: PROVIDE AND INSTALL CURBS AND /OR PROTECTIVE BARRIERS, WHEN REQUIRED, AS DETAILED ON DCS UN -21, AFTER THE INSTALLATION OF CONCRETE PADS AND TRANSFORMERS. CURBS AND /OR BARRIERS MUST BE IN PLACE PRIOR TO FPL ENERGIZING THE SERVICE. 5. CT METERING: WHEN METERING CURRENT TRANSFORMERS (CT'S) ARE REQUIRED, THEY WILL BE LOCATED AS SPECIFIED ON THE ATTACHED EXHIBIT "A" AND INSTALLED BY FPL, THE CUSTOMER WILL PROVIDE AND INSTALL A 1 -1/4 INCH GALVANIZED CONDUIT FROM THE METER CABINET TO THE LOCATION OF THE CT'S. CONDUIT RUN IS NOT TO EXCEED 25 FEET IN LENGTH BETWEEN CTS AND METER WITH NO MORE THAN TWO 90 DEGREE BENDS UNLESS PRE- APPROVED BY FPL. CONDUIT PULL OUTLET BOXES (LB'S) ARE NOT BE USED. Agenda Item No. 16C4 September 26, 2006 Page 8 of 13 6. SSDR METERING: IF SOLID STATE DATE RECEIVING (SSDR) METERING IS REQUIRED, THE CUSTOMER WILL PROVIDE AND INSTALL FACILITIES FOR THE SSDR METERING EQUIPMENT AS DETAILED ON THE ATTACHED "CUSTOMER REQUIREMENTS FOR SSDR METERING EQUIPMENT" SHEET. 7. CUSTOMER SERVICE ENTRANCE: 7.1 GENERAL: PROVIDE AND INSTALL SECONDARY /SERVICE TO PADMOUNTED TRANSFORMER FROM ELECTRICAL EQUIPMENT /METER ROOM. 7.2 CONDUITS: THE MAXIMUM CROSS SECTIONAL AREA TO BE OCCUPIED BY THE CUSTOMER'S SERVICE CONDUITS, IS LIMITED TO THE AREA GIVEN IN THE ATTACHED EXHIBIT W. TERMINATE CONDUITS IN PAD AT THREE INCHES ABOVE FINAL GRADE. ALL CONDUITS FOR FUTURE SERVICES MUST BE INSTALLED AT THIS TIME. 7.3 CONDUCTOR: THE SERVICE CONDUCTORS ARE TO BE LIMITED TO A MAXIMUM OF EIGHT (8) PER PHASE AT EACH TRANSFORMER. PROVIDE 7 FEET OF CABLE PER LIGHTING LEG AND NEUTRAL AND 7 FEET OF CABLE PER HI -LEG FOR 120/240V 3 PHASE SERVICE) BEYOND CONDUITS FOR CONNECTION TO FPL FACILITIES IN TRANSFORMER COMPARTMENT. MAXIMUM SIZE OF CONDUCTOR IS 750 mcm or 600 mcm copper. FPL AGREES TO: 1. PROVIDE AND INSTALL CONDUIT (EXCEPT UNDER BUILDINGS), HANDHOLES, CONCRETE PADS, PADMOUNTED TRANSFORMERS, AND PRIMARY AND SECONDARY CABLE. 2. PROVIDE AND INSTALL GROUND RODS AT PADS. 3. PROVIDE ELECTRONIC MARKERS FOR CUSTOMER'S INSTALLATION WHEN REQUIRED. 4. CONNECT CUSTOMER'S SERVICE CABLES TO FPL FACILITIES IN TRANSFORMER COMPARTMENT. 5. PROVIDE AND INSTALL METERING WIRING BETWEEN METER CABINET AND CT'S WHERE APPLICABLE. 6. MAINTAIN ALL EQUIPMENT AND MATERIAL INSTALLED BY FPL. IMPORTANT: THIS SPECIFICATION IS BASED ON THE CUSTOMER'S SUBMITTED PLANS AND ANY CHANGES IN THESE PLANS MAY RESULT IN ADDITIONAL COSTS WHICH THE CUSTOMER AGREES TO PAY. WHEN REQUIRED, THE CUSTOMER AGREES TO PAY A CONTRIBUTION FOR THE DIFFERENTIAL COST BETWEEN OVERHEAD AND UNDERGROUND SERVICE. THE AGREEMENT AND REQUIREMENTS AS OUTLINED IN THIS SPECIFICATION, EXHIBIT "A ", AND ALL ATTACHMENTS MUST BE ADHERED TO. ANY NON - CONFORMANCE OR CHANGES MAY RESULT IN DELAYS UNTIL THESE SPECIFICATIONS ARE MET. ANY CHANGES OR VARIATIONS FROM THESE SPECIFICATIONS MUST BE SUBMITTED TO AND APPROVED BY FPL IN WRITING. ACCEPTANCE OF SPECIFICATIONS: I HEREBY CERTIFY THAT I AM AUTHORIZED TO ACCEPT THESE SPECIFICATIONS ON BEHALF OF THE CUSTOMER AND THAT I WILL DELIVER A COPY OF THESE SPECIFICATIONS TO THE CUSTOMER AND ALL AFFECTED CONTRACTORS: REPRESENTING THE CUSTOMER: NAME: TELEPHONE NUMBER: ( )- SIGNATURE: TITLE: I HEREBY CERTIFY THAT I AM AUTHORIZED TO ACCEPT THESE SPECIFICATIONS ON BEHALF OF FPL: REPRESENTING THE FPL: NAME: Robinson Zafra TITLE: Customer Proiect Manager TELEPHONE NUMBER: (239) 947 -7370 SIGNATURE: Agenda Item No. 16C4 September 26, 2006 Page 9 of 13 August 8, 2006 Florida Power & Light Company Attn: Robinson Zafra 26430 Old Us 41 Bonita Springs, Florida 34135 RE: Installation of Underground Electric Distribution Facilities Florida Power & Light Company Job # 2238733 (ASR Wellsite) Gentlemen: This is to notify you that the site at my development is ready for the installation of your underground electric distribution facilities: 1. The underground cable route has been cleared of trees, stumps and other obstructions. 2. The transformer location has been filled or cut to within 6" of final grade. 3. FPL conduit has been installed with your required minimum depth of 36 ". 4. My electrician has stubbed up his conduits into the secondary compartment of your proposed transformer, indicating exact location of the transformer. 5. All flooded areas have been drained. 6. It is agreed that FPL Company will not be held responsible for the removal from the job site of any excavated rock that cannot be used for backfill during the trench restoration process. It is further agreed that suitable fill will be made available at no cost to FPL Company at the job site for trench restoration should the amount of removed rock require it. 7. The above conditions will be maintained throughout the construction of Florida Power & Light Company's facilities. Signed for Owner /Developer Date 0 FPL August 8, 2006 ALICIA ABBOTT COLLIER COUNTY GOVT. PUBLIC UTILITIES ENGINEERING 3301 EAST TAMIAMI TRAIL BLDG H NAPLES, FL. 34112 Agenda Item No. 16C4 September 26, 2006 Florida Power & Light CoMfi6yof 13 26430 Old 41 Bonita Springs, FL 34135 Phone: 239 - 947 -7370 Fax: 239 - 947 -7345 CUSTOMER - INSTALLED FPL CONDUIT FOR UNDERGROUND FPL FACILITIES PLEASE BE SURE TO MAKE CONTACT WITH FPL PRIOR TO PICKING UP FPL MATERIAL NEEDED FOR YOUR JOB SITE. PLEASE CONTACT ME (ROBINSON ZAFRA) AT 239 - 947 -7370 AS I MAY NEED TO BE PRESENT TO COORDINATE AND ASSIST WITH THE PICK -UP. THE LARGER THE AMOUNT OF MATERIAL BEING PICKED -UP DIRECTLY AFFECTS THE LEAD TIME. LARGER PICK -UPS WILL REQUIRE MORE LEAD TIME AND COORDINATION THAN SMALLER PICK -UPS DUE TO MATERIAL AVAILABILITY. PLEASE BE SURE TO CONTACT THE FPL CONDUIT INSTALLATION INSPECTOR, BOB SCALLAN AT 239 - 353 -6020 (OFFICE) OR 239 - 243 -5070 (CELL) ATLEAST ONE WEEK PRIOR TO INSTALLING FPL FACILITIES. BOB MUST APPROVE THE INSTALLATION BEFORE THE PROJECT WILL BE RELEASED INTO THE FPL CONSTRUCTION SCHEDULE. PICK -UP LOCATIONS: 410515 TH AVE SW NAPLES, FL. 34116 (239- 353 -6090) 26430 OLD 41 RD BONITA SPRINGS, FL. 34135 (239- 947 -7370) 15834 WINKLER RD FT MYERS, FL. 33908 (239415 -1305) PICK -UP TIMES: NAPLES AND BONITA 8:30AM TO 2:30PM MONDAY THRU FRIFAY FT MYERS LOAM TO 2PM TUESDAY, THURSDAY AND FRIDAY IF YOU HAVE ANY QUESTIONS I MAY BE CONTACTED AT 239 - 947 -7370. Sincerely, ROBINSON ZAFRA CUSTOMER PROJECT MANAGER an FPL Group company Work Request No. Sec. , Twp. S, Rge. E. Parcel I.D. (Maintained by Property Appraiser) Form 3722 -A (Stocked) Rev.7 /94 Agenda Item No. 16C4 September 26, 2006 EASEMENT Page 11 of 13 This Instrument Prepared By: Name: Co. Name: Florida Power & Light Company Address: 4105 15th Ave SW Naples, Florida 34116 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width, described as follows: An FP &L Company easement more particularly described on Exhibit "A" attached hereto and made a part hereof. Said easement prepared by . Together with the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this day of , 2006 Board of County Commissioners Collier County, Florida Frank Halas, Chairman 3301 Tamiami Trail East Naples, Florida 34112 Attest: Dwight E. Brock, Clerk 3301 Tamiami Trial East Naples, Florida 34112 Approved as to form and Legal sufficiency: Ellen T. Chadwell, Assistant County Attorney Agenda Item No. 16C4 September 26, 2006 Page 12 of 13 FPL Work Requests # 2238733 Project Name _(ASR WELLSITE) 15694 LIVINGSTON RD UNDERGROUND CONDUIT INSTALLATION AGREEMENT This Agreement, made this _ day of 2006 by Collier County Board of County Commissioners of Collier County, Florida as Ex- officio the Governing Board of the Collier County Water - Sewer District (hereinafter called "Customer") and Florida Power and Light Company, a corporation organized and existing under the laws of the State of Florida (hereinafter called "FPL "). WHEREAS; Customer has requested the pre - approval of the location and installation of underground distribution facilities to be located in a described FPL easement provided by the Customer. For and in consideration of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows: 1. The customer shall: a) install conduit, cable markers and associated materials provided by FPL in accordance with the instructions and specifications attached to this Agreement; b) be solely responsible for the installation of conduit at the correct location and the correct depth pursuant to the FPL construction drawing and specifications; c) provide reasonable notification of the conduit installation dates; d) at the discretion of FPL, either correct any discrepancies, within two (2) working days, found in the installation that are inconsistent with the instructions and specifications attached to this agreement or pay the associated cost to correct the installation within thirty (30) days of receiving the associated bill, and in either case, reimburse FPL for costs associated with lost crew time due to such discrepancies; e) provide survey points for FPL to stake the cable route; f) notify FPL when the conduit installation is complete; g) provide "as built" prints within two (2) weeks of final installation; h) provide for pick -up of materials; i) assume liability for materials lost, stolen or damaged once the customer receives material; j) assume liability for any delays and /or additional costs to FPL caused by a conduit installation that is not consistent with the instructions and specifications attached to this agreement. 2. FPL shall: a) provide written instructions and specifications for the installation of FPL provided conduit; b) provide required material to the Customer for the installation of underground facilities within the specified cable route; c) provide staking for the Customer along the specified cable route; d) apply a credit in the amount of $397.62, in the event that the customer has made or has agreed to make a Contribution in Aid of Construction for the underground distribution facilities associated with this Agreement (if the credit exceeds the contribution, or if no contribution is required, a payment shall be made to the customer); Payment to customer to be $397.62 upon completion of the installation of FPL facilities. e) assume no liability for materials lost, stolen or damaged once received by the customer; f) furnish any additional material at the current cost plus applicable loading and delivery charges; g) assume no liability for delays caused by material delivery deficiency, including insufficient, lost, stolen or damaged material; h) assume no liability for delays because of misunderstanding of installation drawings or specifications; i) assume no liability for delays or additional cost caused by an inadequacy of the conduit system installation; j) assume no liability for special incidental or consequential damages of any nature. 3. This agreement is subject to FPL's General Rules and Tariff and the Rules of the Florida Public Service Commission. Agenda Item No. 16C4 September 26, 2006 Page 13 of 13 Page 1 of 2 4. Subject to limitations set forth in Section 768.28, Florida Statutes, the County shall indemnify, defend and hold harmless FPL, its parent, subsidiaries and/or affiliates and their respective officers, directors and employees (collectively "FPL entitles) from and against all liabilities occasioned wholly or in part by the negligence of County and/or the County's employees, for injury to and /or death of individual(s) and /or property damage and/or destruction rising out of or resulting in connection with any activity associated with any work and/or any service under this Agreement. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed to be effective as of the day and year written above. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT Deputy clelk By: Accepted by FPL: By: Robinson Zafra, Customer Project Mgr. Approved as to form and legal sufficiency: Assistant County Attorney Page 2 of 2 Frank Halas, Chairman Agenda Item No. 16C5 September 26, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to accept a Grant of Easement from The Club Pelican Bay to provide access to the Pelican Bay Utility Site at a cost of $35.50. OBJECTIVE: To obtain approval and acceptance of the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and ex- officio the governing board of the Collier County Water -Sewer District (District), of the attached Grant of Easement which provides access across property owned by The Club Pelican Bay (Club) to the Pelican Bay Utility Site (Site). CONSIDERATIONS: The Club needed additional land to expand its golf course maintenance facility so, in January 2005, the District exchanged a portion of the Site (Parcel 1) fora portion of the Club's golf course property (Parcel 2). Parcels 1 and 2 are shown on the attached sketch. This exchange was approved by the District at the January 25, 2005, meeting, Item 16C5. Access from Water Gate Way to the Site is provided at two locations by an existing access easement as shown on the attached sketch. At the time of the exchange, the easterly leg of the existing access easement was not being used by the District so the deed of conveyance did not reserve the District an access easement across Parcel 1. However, since the time of the exchange, the District has agreed with the Club to begin using the easterly leg as the main access to the Site in order to reduce vehicular traffic crossing the Club's maintenance facility. The attached Grant of Easement extends the easterly leg of the existing access easement southerly across Parcel 1. This easement area measures 30 feet by 35 feet and contains 1,050 square feet. The easement is being granted by the Club at no cost to the District. The Grant of Easement has been reviewed and approved by the Public Utilities Division and the County Attorney's Office. FISCAL IMPACT: The total cost will not exceed $35.50 to record the Grant of Easement. Funds in the amount of $35.50 are available for this project. Source of funds is Collier County Water -Sewer District Operating Fund 408. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: That the District: 1. Approve and accept the attached Grant of Easement; and 2. Authorize the County Manager or his designee to record the Grant of Easement in the Collier County Public Records. PREPARED BY: Charles E. Carrington, Jr., SR/WA; Real Estate Services / Facilities Management Department Agenda Item No. 16C5 September 26, 2006 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C5 Item Summary: Recommendation to accept a Grant of Easement from The Club Pelican Bay to provide access to the Pelican Bay Utility Site at a cost of $35.50. Meeting Date: 9!26!2006 9:00:00 AM Prepared By Charles E. Carrington, Jr., Real Estate Services Manager Data SR/WA Administrative Services Facilities Management 916/2006 3:10:26 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 9/6/2006 3:22 PM Approved By Ron Molly Operations Manager Date Public Utilities Wastewater 9/712006 1:02 PM Approved By G. George Yllmaz WasteWater Director Date Public Utilities WasteWater 919120061:54 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 911112006 4:D1 PM Approved By - Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 9/11(2006 5:04 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/13/2006 2:32 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/14/2006 1:52 PM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management 8 Budget 9/1412006 3:17 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management 6 Budget 9/15/2006 9:25 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911612006 6:59 AM Commissioners Agenda Item No. 16C5 September 26, 2006 Page 4 of 7 GRANT OF EASEMENT THIS INDENTURE made and executed this .5Q day of August, 2006, by and between THE CLUB PELICAN BAY, INC., a Florida not - for - profit corporation, whose mailing address is 707 Gulf Park Drive, Naples, Florida 34108, hereinafter called GRANTOR, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as GRANTEE: WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors and assigns, a non - exclusive easement for ingress and egress over, under and on the property described on the attached Exhibit "A" attached hereto and made a part hereof for the benefit of GRANTEE, its successors and assigns. TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors and assigns. GRANTEE by acceptance of this easement agrees for itself, its successors and assigns, tenants, and invitees to: 1.) In no way interfere at any time with the right of ingress and egress of GRANTOR, its successors and assigns, or any other party having or requiring access to any of the properties over / under / on / adjoining the lands which said easement is granted; and 2.) In no way interfere with the right of the GRANTOR, its successors and assigns to utilize the aforesaid properties over, under / on which said non - exclusive easement is granted, for purposes of ingress and egress, and construction, repair and maintenance of pavement, curbing, drainage, walkways, electric lines, telephone lines, cable television lines, water, sewer and irrigation lines, and landscaping; and 3.) Not make any alteration or modification to the improvements within said easement without the prior written approval of GRANTOR, which approval shall not be unreasonably withheld. This Grant of Easement shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their successors and assigns forever. k Agenda Item No. 16C5 September 26, 2006 Page 5 of 7 This easement is for the use of GRANTEE, its successors and assigns, and invitees of and persons doing business with GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officer thereunto duly authorized the day and year first above written. Signed, sealed and delivered In the presenceof: ��. ; Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF COLLIER THE CLUB PELICAN BAY, INC., a Florida not - for - profit corporation By: Lj(_PAA._ W t LL(A M FeWW 50 M ,Ch an The foregoing Grant of Easement was acknowledged- before me this 30 day of August, 2006 by _W►LLIAA- EP- PAOSoN , as Chairman, on qb Pelican Bay, Inc., a Florida not - for - profit corporation, who is rto me or who has produced as n atlon. (Affix notarial seal) KEN METER KAYLOR MY COMMISSION # DD5M14 ?prRO EXPIRES: Feb.4,2010 (407)3N-0153 Flaide Nolry Swv w.eom Approved as to form &legal sufficiency BY: Jeff 4ri Ass istant County Attorney A to e (Print name of Notary Public) NOTARY PUBLIC Serial/Commission PD50031 My Commission Expires: jrjo S56'44'41'W 612.80(P) P,B,I.D, UTILITY SITE 12.00 AC.± (O.R, 1393, PG. 1235) PART OF PARCEL 'O' v PELICAN BAY, UNIT TWO co (PB. 12, PGS 74 -79) V, ON ON cu LINE TABLE Agenda Item No. 16C5 September 26, 2006 it Page 6 of 7 LINE LENGTH BEARING Ll 48,23(P) N 53'39'19' E L2 94,98(P) S 36'20'41' E L3 72,04(P) S 53'39'19' W L4 35.00 S 61 °40'41' W L5 30.00 N 28 °19'19' W L6 35.00 N 61'40'41' E L7 30.00 S 28 °19'19' E P,B,I,D. UTILITY SITE L4 S61'40'41' W �-L5 210,75(P) L6 154,11(P) PELICAN BAY cn MAINT. AREA N 292,55(P) o� N L3 N 1 11 SOUTHERLY MOST CORNER OF PARCEL '0' 2 m `' a o v� o w ^, cy, 3 1 o C z PARCEL 'M' (0, R. 1536, PGS, 1865 -1878) 3 f a 2 w Q, ,. i m a- CD p 0 ti NOT A SURVEY Agenda Item No. 16C5 September 26, 2006 Page 7of7 LEGAL DESCRIPTION OF A ACCESS EASEMENT PART OF PARCEL '0' PELICAN BAY UNIT TWO (P.B. 12, PAGES 74 -79) COLLIER COUNTY, FLORIDA ---------------------------------------------------------------- - - - - -- ALL THAT PART OF PARCEL '❑', PELICAN BAY UNIT TWO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGES 74 -79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLYMOST CORNER OF SAID PARCEL 'O'; THENCE NORTH 56 °44'41' EAST 612.80 FEET; THENCE NORTH 28 °19'19' WEST 848.49 FEET TO THE POINT OF BEGINNING OF THE ACCESS EASEMENT HEREIN DESCRIBED; THENCE SOUTH 61'40'41' WEST 35.00 FEET; THENCE NORTH 28'19'19' WEST 30.00 FEET; THENCE NORTH 61"40'41' EAST 35.00 FEET; THENCE SOUTH 28'19'19' EAST 30,00 FEET TO THE POINT OF BEGINNING OF THE ACCESS EASEMENT HEREIN DESCRIBED; CONTAINING 1,050 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; GENERAL NOTES; 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. P.O.B. = POINT OF BEGINNING 3. P.O.C. = POINT OF COMMENCEMENT 4. BEARINGS ARE BASED ON 5. P.B,I,D. = PELICAN BAY IMPROVEMENT DISTRICT 6. (P) = PLATTED Agenda Item No. 16C6 September 26, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a Lease Agreement for vacant land at the City of Naples Airport for the County Collier Solid Waste Department's Recycling Transfer Center at a first year's cost not to exceed 597,578. OBJECTIVE: To approve a Lease Agreement in order to provide additional land for the Solid Waste Department's Naples Airport Recycling Center at the City of Naples Airport. CONSIDERATION: On December 16, 2003, the Board of County Commissioners approved a work order for $375,500.00, agenda item 16 (C) 16, authorizing engineer services by PSI, Inc. to upgrade, improve and modernize the Collier County's Recycling Centers, which includes the Naples Airport location. In 1987, Collier County leased approximately 2.42 acres of vacant property at the City of Naples Airport for its Recycling Center (`Center'). The Lease was then amended in 2002 to include an additional 1.14 acres of vacant land. Presently, the Recycling Center occupies approximately 3.56 acres located on the North Quadrant of the Airport property with an annual rent of $39,547.92. In order to meet the growing needs for recycling in Collier County, the Solid Waste Department is now requesting to lease 8.55 acres for the expansion as outlined in the December 16, 2003 agenda item. The Center presently services approximately 40,000 to 45,000 customers per year. The purpose of the upgrade is to improve conditions for public safety, access and use. The Naples Airport Authority voted unanimously to accept a long -term lease from the County for this use. With respect to the development of the expanded Recycling Center, the County plans to construct five (5) buildings on the site to include an Operations Building; a Recycling Building for paper, tires, glass, plastic, cardboard, electronics and electrical appliances, a Construction and Demolition building for drywall, lumber and concrete; Household Hazardous Waste Building for batteries, fluorescent lights, used oil, paint, and flammable waste; and Ticket House to receive customers and for collecting use fees. The existing Lease will terminate on October 31, 2007. At this time a commencement date for the new Lease has not been established. Both parties will discuss a start date for the new Lease pending site development progress. The initial Lease term will be for thirty years and will include a renewal provision for a second thirty year term. - The annual rent for the first year of the lease, which is based on an established fixed rates issued by the Naples Airport Authority of $0.262 per square foot, will be $97,578.76. The annual rent will increase each year following the first year of the Lease by rates established by the Naples Airport Authority after the first year throughout the life of the Lease. Agenda Item No. 16C6 September 26, 2006 Page 2 of 3 The County will be responsible for all costs associated with the development and operation of the subject project, such as but not limited to, planning, designing, engineering, permitting, constructing, landscaping and monthly utilities. As with other Leases with the City of Naples Airport Authority, all plans for construction are required to be reviewed by the Airport Authority. The Lease Agreement will be forwarded to the Board of County Commissioners for execution at a later date once the Naples Airport Authority finalizes the Lease Agreement and pending final review for legal content and sufficiency by the Office of the County Attorney. The Lease that will be submitted for the Board's execution will be the standard form in which the Authority and County have entered into for other uses at the Naples Airport. The purpose of this Executive Summary is to advise the Board of County Commissioners of the term, rent and conditions that will be contained in the standard lease. The construction of the Center is anticipated to be completed by the end of FY 07. As previously stated, the commencement date of the Lease will be established by both parties at a time closer to the project's completion. At that time, if additional funds for rent are required, staff will prepare an agenda item for the Board's approval for any funding requirements. The Solid Waste Department will include the rent and the annual increase in rent in their FY 08 budget. FISCAL IMPACT: Currently, $40,700 is budgeted in FY07 for rent at the Naples Airport in Solid Waste Disposal Fund (470). If the project were to be ready at the beginning of FY07, the total first year cost for rent would be $97,578.00. If the project is completed in FY07, staff will prepare a budget amendment for Board approval for the needed remaining funds. GROWTH MANAGEMENT: This action is consistent with the Growth Management Plan as reported in the Annual Update of Inventory Report, and is consistent with the Integrated Solid Waste Management Strategy to provide infrastructure for Commercial, Multi- family, and Residential Customers to further divert waste from the Landfill for beneficial re -use and recycling. RECOMMENDATION: That the Board of County Commissioners approve the terms of the proposed Lease Agreement and authorize its Chairman to execute the Lease Agreement at a later date following final review of the Lease Agreement by the Office of the County Attorney. PREPARED BY: Michael Dowling, Property Management Specialist, Real Estate Services, Department of Facilities Management Agenda Item No. 1606 September 26, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C6 Item Summary: Recommendation to approve a Lease Agreement for vacant land at the City of Naples Airport for the County Collier Solid Waste Departments Recycling Transfer Center at a first years cost not to exceed S97,578. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 9/6/2006 3:46:41 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 91712006 7:58 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 911112006 3:47 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 9111/2006 5:05 PM Approved By Daniel R. Rodriguez, M.B.A. Solid Waste Director Date Public Utilities Solid Waste 911412006 8:24 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 911 412006 12:28 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911412006 1:52 PM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 9/1812006 1:15 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 91181206 2:42 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9118!2006 7:43 PM Agenda Item No. 16C7 September 26, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94 -694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94 -694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $30.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the 1993 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. Agenda Item No. 16C7 September 26. 2006 Page 2 of S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ,--- -. Item Number: 16C7 _ Item Summary: Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Meeting Date: 9(2612006 9:00:00 AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 9!8!2006 2:55:57 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/812006 4:57 PM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 9/9/2006 9:05 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 9/1112006 5:01 PM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 9/1312006 2:54 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 9/14/2006 10:49 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 911412006 12:28 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9114/2006 1:54 PM Approved By Randy Greenwald ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 9114/2006 3:00 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911412006 3:31 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/1412006 6:32 PM Commissioners Agenda Item No. 16C7 September 26, 2006 RESOLUTION NO. 2006- Page 3 of 5 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94 -694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94 -694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No. 13343 21607 This Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney day of , 2006, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C7 September 26, 2006 Page 4 of 5 Property Folio No. 37595960000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: CUMMINGS, MARK =& RHONDA 331 18TH AV NW NAPLES, FL 339990000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 20 W 150FT OF TR 91 OR 1517 PG 179 Folio No. 37595960000 Project No. 63000 Account No. 13343 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C7 September 26, 2006 Page 5 of 5 Property Folio No. 62091760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: CAMARERO, RAFAEL =& JANET 378031 ST AVE SW NAPLES, FL 339640000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 3 LOT 26 OR 1067 PG 285 Folio No. 62091760009 Project No. 63000 Account No. 21607 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney FRANK HALAS, CHAIRMAN Agenda Item No. 16C8 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 95 -475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95 -475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90 -30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1994 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. Agenda Item No. 16C8 September 26, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16CB Item Summary: Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Meeting Date: 9,126 /2006 9:00:00 AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 91612006 3:26:32 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 902006 4:56 PM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 91912006 9:06 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 9/1112006 5:02 PM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 911312006 2:55 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 911412006 10:49 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 911412006 12:27 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9114/2006 1:54 PM Approved By Randy Greenwald Management /Budget Analyst Date County Manager's Office Office of Management & Budget 9/14/2006 3:03 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1412006 3:33 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911412006 6:34 PM Commissioners Agenda Item No. 16CS September 26, 2006 Page 3 of 4 RESOLUTION NO. 2006- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95 -475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 20514 This Resolution adopted this day of , 2006, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: Approved as to form and legal sufficiency: David C. Weigel County Attorney FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C8 September 26, 2006 Page 4 of 4 Property Folio No: 62091760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: CAMARERO, RAFAEL =& JANET 378031 ST AVE SW NAPLES, FL 339640000 The Lien was recorded on the 14`h day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 3 LOT 26 OR 1067 PG 285 Folio No. 62091760009 Project No. 64000 Account No. 20514 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney FRANK HALAS, CHAIRMAN Agenda Item No. 16C9 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 2000 -236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000 -236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90 -30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1995 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. Agenda Item No. 16C9 September 26, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS .--- Item Number: 16C9 Item Summary: Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 91812006 3:55:14 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 918/2006 4:58 PM Approved By Pam Collis Revenue Supervisor Date Public Utilities UBCS 91912006 9:07 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 9/1112006 5:06 PM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 9/13/2006 2:56 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 911412006 10:48 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 911 412006 12:27 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1412006 1:55 PM Approved By Randy Greenwald Management /Budget Analyst Date County Manager's Office Office of Management & Budget 911412006 3:07 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/14/2006 3:34 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911412006 6:47 PM Commissioners Agenda Item No. 16C9 September 26, 2006 RESOLUTION NO. 2006- Page 3 of 4 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000 -236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90 -30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 2000 -236, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein is hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien in the official records of Collier County: Account No. 21775 This Resolution adopted this day of 2006, after motion, second and majority vote. BOARD OF COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: Approved as to form and legal sufficiency: David C. Weigel County Attorney FRANK HALAS, CHAIRMAN Agenda Item No. 16C9 September 26, 2006 Page 4 of 4 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No. 62091760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: CAMARERO, RAFAEL =& JANET 378031 ST AVE SW NAPLES, FL 341178458 The Lien was recorded on the 8`h day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 3 LOT 26 OR 1067 PG 285 Folio No. 62091760009 Project No. 65000 Account No. 21775 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney FRANK HALAS, CHAIRMAN Agenda Item No. 16C10 September 26, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000 -237 adopted by the Board on August 1, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000 -237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $30.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. Agenda Item No. 16C10 September 26, 20D6 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C10 Item Summary: Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 918/20064:10:42 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 902006 4:59 PM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 9/9/2006 9:08 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 911112006 5:11 PM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 911312006 2:57 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 911412006 10:50 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/14/2006 12:26 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1412006 1:57 PM Approved By Randy Greenwald Management /Budget Analyst Date County Manager's Office Office of Management & Budget 911412006 3:10 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9114/2006 3:30 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 911412006 6:49 PM RESOLUTION NO. 2006- Agenda Item No. 16C10 September 26, 2006 Page 3 of 5 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000 -237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 2998 23896 This Resolution adopted after this majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney day of , 2006 after motion, second and BY: BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN Agenda Item No. 16C10 September 26, 2006 Page 4 of 5 — This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No: 62091760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: CAMAREO, RAFAEL =& JANET 3780 31 ST AVE SW NAPLES, FL 341178458 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR ADD BLK 3 LOT 26 OR 1067 PG 285 Folio No. 62091760009 Project No. 66000 Account No. 23896 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2006. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Agenda Item No. 16C10 September 26, 2006 Page 5 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No: 00435160007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: JOHNS,SETH 6950 AMITY RD NAPLES, FL 341142560 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 23 50 26 SW1 /4 OF NE1 /4 OF NW1 /4 OF SW1 /4 2.5 AC OR 633 PG 270 Folio No. 00435160007 Project No. 66000 Account No. 2998 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney FRANK HALAS, CHAIRMAN Agenda Item No. 16C11 September 26, 2006 Page 1 of 2 Executive Summary Recommendation to approve a budget amendment for Work Order # UC -034, Collier Boulevard (CR -951) 16" Sanitary Sewer Force Main Improvements, WBS Element 730861 in the amount of $60,526.00 to provide sufficient funds to enable final payment to be made to Douglas N. Higgins, Inc., Project Number 73086. OBJECTIVE: To obtain approval of a budget amendment to enable final payment to be made to Douglas N. Higgins, Inc. CONSIDERATION: Purchase Order No. 4500011976 with a remaining balance of $60,526.00 was inadvertently closed on March 23, 2006 and the balance of funds on the purchase order was used for other project expenditures. The attached budget amendment has been prepared to provide sufficient funds in the project WBS Element 730861 to reestablish the depleted amount in the budget and enable final payment to be made to the vendor. While the purpose of this item is to enable final payment for contractual obligations with the contractor, there may be a claim for interest charges for late payment. Such is due to untimely processing of a change order associated with the final payment as well as the circumstances which resulted in this agenda item. Upon completion of negotiations with the contractor with respect to the interest charges, we will present our recommendation, if necessary, to the Board for further action. This project is consistent with the 2005 Wastewater Master Plan Update adopted by the Board of County Commissioners as Agenda Item 10 (B) on June 6, 2006. FISCAL IMPACT: The total cost associated with approval of this budget amendment is $60,526.00. Funding for this obligation is available in and is consistent with the FY06 Capital Budget adopted by the Board of County Commissioners on September 22, 2005. This budget amendment involves a transfer of funds from the reserves of Wastewater Impact Fee Fund (413), to the CR -951, 16" Force Main Project Number 73086. The source of funds is Wastewater Impact Fees. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners, Ex- officio the governing board of the Collier County Water -Sewer District: 1. Approve the attached budget amendment in the amount of $60,526.00 for WBS Element 730861. PREPARED BY: Harry Huber, Senior Project Manager, Public Utilities Engineering Department Agenda Item No. 16C11 September 26, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C11 Item Summary: Recommendation to approve a budget amendment for Work Order # UC -034, Collier Boulevard (CR -951) 16 Sanitary Sewer Force Main Improvements, WBS Element 730861 in the amount of $60.526.00 to provide sufficient funds to enable final payment to be made to Douglas N. Higgins, Inc.; Project Number 73086. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Harry Huber Senior Project Manager Date Public Utilities Public Utilities Engineering 911/2006 1:36:16 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 91712006 4:01 PM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 9!712006 4:56 PM Approved By G. George Yilmaz WastaWater Director Date Public Utilities WastaWater 9111/200610:18 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9111/2006 10:24 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/15/2006 2:07 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911812006 9:36 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 911912006 12:42 PM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1912006 2:57 PM Approved By James Y. Mudd County Manager Date Board of County County Manager's Office 911912006 7:48 PM Commissioners Agenda Item No. 16C12 September 26, 2006 Page 1 of 54 EXECUTIVE SUMMARY Recommendation to Award Contract 06 -3972 to Tele- Works, Inc. for Purchase of the Utility Billing Interactive Voice Response Software System and Approval of an Ongoing Maintenance Agreement in the total amount of $230,400. OBJECTIVE: Authorization to purchase a Utility Billing Interactive Voice Response (IVR) Software System and approve an ongoing Maintenance Agreement. CONSIDERATIONS: Request for Proposal (RFP) #06 -3972 was advertised via posting on March 22, 2006. Notices were sent to 56 firms and 17 vendors requested full packages. Four (4) responses were received on the due date of April 24, 2006. A Selection Committee Meeting was held on May 16, 2006. The Selection Committee, after review and discussion, by consensus, recommended Tele- Works, Inc. for contract negotiations and subsequent award. This contract will provide more efficient customer service by implementing an IVR System to respond to customers' needs. It will reduce the number of customer service telephone calls that are processed by the Utility Billing and Customer Service Department. Award of this contract will benefit the water, wastewater, irrigation quality water, and solid waste rate payers. Benefits of the IVR System include more efficient and cost effective management of inbound customer calls as well as the ability to perform outbound calls including, but not limited to, utility bill delinquency courtesy calls, notification of main breaks, water safety emergencies, and hurricane emergency notifications. Collier County may eventually consider expanding the service to multiple departments within the Public Utilities Division. An Agreement for ongoing maintenance will be signed upon successful implementation of the utility billing interactive voice response system. FISCAL IMPACT: Funds in the amount of $230,400 are budgeted in the County Water /Sewer Operating Fund (408), Water User Fees (412), Sewer User Fees (414), and Solid Waste (473). GROWTH MANAGEMENT IMPACT: This contract has no direct growth management impact. RECOMMENDATION: That the Board of County Commissioners award Contract 06- 3972 to Tele- Works, Inc., approve the ongoing maintenance agreement, and authorize the Chairman of the Board to sign the contract and Maintenance Agreement subsequent to the County Attorney's approval. PREPARED BY: Mary Jo Thurston, Revenue Manager, Utility Billing & Customer Service Agenda Item No. 16012 September 26, 2006 Page 2 of 54 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C12 Item Summary: Recommendation to Award Contract 06 -3972 to Tele- Works, Inc. for Purchase of the Utility Billing Interactive Voice Response Software System and Approval of an Ongoing Maintenance Agreement in the total amount of $230,400. Meeting Date: 9/26 /2006 9:00:00 AM Prepared By Mary Jo Thurston Revenue Manager Date Public Utilities UBCS 513012006 11:54:34 AM Approved By Mary Jo Thurston Revenue Manager Date Public Utilities UBCS 9/1312006 3:54 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 9/13/2006 6:32 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 9114/2006 7:52 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/1412006 6:51 AM Approved By Sieve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 9114/2006 9:20 AM Approved By Barry Axelrod Information Technology Director Date Administrative Services Information Technology 9/1412006 10:10 AM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 9114/2006 10:15 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9114/2006 1:43 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/1412006 2:13 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 911912006 3:01 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9119/2006 3:27 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/1912006 5:01 PM Commissioners Agenda Item No. 16C12 September 26, 2006 Page 3 of 54 A G R E E M E N T #06-3972 for Utility Billing Interactive Voice Response THIS AGREEMENT, made and entered into on this 26th day of September, 2006, by and between Tele - Works, Inc., authorized to do business in the State of Florida, whose business address is: P. O. Box M, Blacksburg, Virginia 24063 -1027 or 1080 South Main Street, Blacksburg, Virginia 24060, hereinafter called "Tele- Works" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called "Collier County ": WITNESSETH: 1. COMMENCEMENT. This Agreement shall commence on the date of award by the Collier County Board of County Commissioners. The Collier County Project Manager will issue a Notice to Proceed prior to the beginning of the work. 2. STATEMENT OF WORK. The Consultant shall provide an interactive voice response system in accordance with the terms and conditions of RFP #06 -3972, Exhibit A attached hereto and made a part hereof by reference, and the Consultant's proposal referred to herein as Schedule I and made an integral part of this agreement. 3. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement pursuant to the following, all of which are attached hereto and made a part hereof by reference: Total System Price in accordance with Section 5.0 of Exhibit A, page 3 Annual System Maintenance Fee in accordance with Section 24.2 Annual System Maintenance Fee or 24.3 Time and Materials Software Maintenance Service of Exhibit A, pages 13 -14 Out of Pocket Expenses in accordance with Section 15.0 Out of Pocket Expenses in Exhibit A, page 6 Schedule B - List of Modifications, page 20 Schedule C - Tele -Works Supplied Equipment, page 25, and in accordance with Section 4.0 Tele -Works Supplied Equipment Price of Exhibit A, page 3 Pagel of 5 Agenda Item No. 16C12 September 26, 2006 Page 4 of 54 - Schedule E - Application Software Price, page 27, and in accordance with Section 3.0 Application Software Price of Exhibit A, page 3 Schedule G - Payment Schedule, page 29 Schedule H - Implementation Services, page 30, and in accordance with Section 14.0 Training to Exhibit A, page 5 In addition, the Consultant hereby agrees that any requested parameters or items not included in the bid schedule shall be performed at a discount of thirty percent (30 %) from the Consultants prevailing retail price list at the time of the order. In such instances, the Consultant shall submit a copy of the appropriate pages from said price list with the invoice for the non -bid items. 4. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Elaine Vass Gal, Business Manager Tele- Works, Inc. 1080 South Main Street Blacksburg, Virginia 24060 Telephone: 540 - 951 -6473 Facsimile: 540 - 951 -4016 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell, Purchasing/ General Services Director Telephone: 239 - 774 -8407 Facsimile: 239- 732 -0844 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. Page 2 of 5 Agenda Item No. 16C12 September 26, 2006 Page 5 of 54 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 7. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 9. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. D. Professional Liability: Coverage shall have minimum limits of $1,000,000. Page 3 of 5 Agenda Item No. 16C12 September 26, 2006 Page 6 of 54 Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Consultant shall insure that all subConsultants comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Utility Billing & Customer Service Department. 12. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 13. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Exhibit A and attached Schedules A through K, Insurance Certificate, and RFP #06 -3972 Scope of Services. 14. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 15. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other Page 4 of 5 Agenda Item No. 16C12 September 26, 2006 Page 7 of 54 item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: Dated: (SEAL) First Witness TType/ print witness nameT Second Witness TType /print witness nameT Approved as to form and legal sufficiency: Assistant County Attorney Page 5 of 5 M. Frank Halas, Chairman TELE - WORKS, INC. Consultant Signature Typed signature and title Agenda Item No. 16C12 September 26, 2006 Page 8 of 54 Exhibit A to Agreement #06 -3972 for Utility Billing Interactive Voice Response System Tele -Works and Collier County are hereinafter sometimes referred to individually as a "Party" and jointly as the "Parties." WHEREAS Tele -Works has the right to grant a license to use those computer software programs, as more particularly described in Schedule A, Licensed Programs, attached hereto and forming part of this Exhibit and which are hereinafter referred to as the "Licensed Programs "; AND WHEREAS Tele -Works desires to grant and is prepared to grant a license to use the Licensed Programs to Collier County and Collier County desires to obtain a license to use the Licensed Programs from Tele -Works on the terms & conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, it is agreed as follows: 1.0 Definitions. 1.1 Network Operatinq System. "Network Operating System" is defined as the Microsoft Windows 2003 Server network operating system. 1.2 Database Software. "Database Software" is defined as the MySQL database product. 1.3 Modifications. "Modifications" are defined as those changes to the Licensed Programs that are listed in Schedule B, List of Modifications. 1.4 Application Software. "Application Software" is defined as the Licensed Programs and the Modifications. 1.5 Other Software. "Other Software" is defined as all other software products that are required to make the Application Software operational. 1.6 Tele -Works Supplied Equipment. "Tele -Works Supplied Equipment" is defined as those components of equipment listed on Schedule C, Tele -Works Supplied Equipment. 1.7 Tele -Works System. "Tele -Works System" is defined as the Application Software, Network Operating System, Database Software, and Other Software operating on the Tele -Works Supplied Equipment. 1.8 Avaya System. " Avaya System" is defined as Collier County's Avaya telephone system to which the Tele -Works System will be connected and operated. The Avaya System is an S8700. 1.9 Network. "Network" is defined as Collier County's enterprise -wide network. The Network includes the users that will be accessing and operating the Tele -Works System and the servers that will contain the data that will be used by, and updated by, the Tele -Works System. 1.10 System. The entire system ( "System ") is defined as the Tele -Works System, Avaya System, and the Network. ` 1.11 Licensed Programs Documentation. The Licensed Programs documentation (referred to as "Licensed Programs Documentation ") shall include, but not be limited to, the materials and Agenda Item No. 16C12 September 26, 2006 Page 9 of 54 documentation as set forth in Schedule D, Licensed Programs Documentation. Collier County shall have the right to reproduce any portion of the Licensed Programs Documentation for Collier County's internal use. 1.12 Tele -Works System Live Date. "Tele -Works System Live Date" is defined as the date on which Collier County begins using the Tele -Works System to process outbound call programs or inbound customer calls in a live environment. 1.13 Days. The term "days" as used in this Exhibit shall be defined as calendar days unless the term "days" is otherwise specified in this Exhibit. If a day is designated as a "business day" rather than a calendar day and such business day falls on a Collier County holiday, the time period shall be extended to the next business day. 1.14 Application Laver Software. The term "Application Layer Software" as used in this Exhibit shall be defined as the following software: — Uncompiled programming code used to create the navigation of menus and the playing of prompts that make up the inbound IVR user experience. — The source code for any compiled programming used to create the custom processes used specifically for Collier County's outbound notifications, specifically: Work Order Updates; and Call Disposition Updating. 1.15 Tele -Works System Design. The term "Tele -Works System Design" is the definition of the application business logic and design decisions that will enable the Tele -Works System to operate as defined in the Tele -Works Response to the Collier County Request for Proposal and the Modifications. 2.0 License of Software. Tele -Works grants to Collier County a limited, perpetual, non - exclusive, non - transferable and personal license to (i) install and operate the Application Software for Collier County's internal, in -house use by an unlimited number of concurrent users and (ii) make copies of the Application Software for back -up purposes ( "Archival Copies ") and test copies. Tele -Works grants the within license to Collier County for the total cost of the Application Software as set forth in Schedule E. Tele -Works represents and warrants to Collier County that Tele -Works is the sole owner of the Licensed Programs and has the exclusive right to grant the within license to Collier County. It is understood that there are no on -going license fees associated with the use of the Application Software apart from the extension of the number of ports used by the Application Software or addition of new modules not licensed under the Agreement. Collier County may physically transfer the Application Software from the designated server to another server or computer system. Collier County shall not be charged any additional fees or maintenance charges if Collier County transfers the Application Software to another server or computer system. However, maintenance or support will only be available for servers or computer systems purchased from Tele -Works and the software is only licensed to run on one server or computer system at a time. The Application Software is owned by Tele -Works and is protected by United States copyright laws and applicable international treaties and /or conventions. The Application Software, and any and all modifications and improvements thereto and derivative works thereof, shall remain the exclusive property of Tele- Works, and Collier County shall not have right, title or interest therein whatsoever. Except as expressly provided herein, without the prior express written consent of Tele- Works, Collier County shall not and shall not allow any third party (by license agreement or otherwise) to, (a) take any action that would cause the loss or abandonment of Tele- Works' proprietary rights in the Application Software; (b) resell, distribute, publicly display, transfer, rent, lease, lend, copy, modify, translate, enhance, time - share, license, sublicense, electronically transmit or prepare derivative works of the Application Software, in whole or in part; (c) disassemble, decompile or reverse engineer in any way, any 2 Agenda Item No. 16C12 September 26, 2006 Page 10 of 54 of the Application Software; or (d) otherwise use in any way the Application Software in any manner not expressly authorized by this Exhibit. 3.0 Application Software Price. Collier County will pay to Tele -Works the Application Software Price as set forth in Schedule E, Application Software Price, for the right to use the Application Software as described herein. If Collier County increases the number of ports on the Tele -Works System, the license fee to use the Application Software on each additional port shall be one thousand dollars ($1,000.00), and shall remain at one thousand dollars ($1,000.00) per additional port for two (2) years after the execution of the Agreement, after which time the license fee per additional port shall be the lower of the following: (a) an increase which shall not exceed the percentage increase to any other customer; or (b) an increase which shall not exceed four percent (4 %) per year to the base rate of one thousand dollars ($1,000.00) per additional port. The Application Software Price defined in Schedule E includes the estimated price of the Modifications. Any changes to the estimated modification price as a result of the development of modification specifications as defined herein may change the Application Software Price and must be agreed to by both Parties in writing. 4.0 Tele -Works Supplied Equipment Price. Collier County will pay to Tele -Works the Equipment Price as set forth in Schedule C, Tele -Works Supplied Equipment, for the Tele -Works Supplied Equipment. If Collier County increases the number of ports on the Tele -Works System, the cost of each additional port shall be two hundred fifty dollars ($250.00) and shall remain at two hundred fifty dollars ($250.00) per additional port for two (2) years after the execution of the Agreement, after which time the cost per additional port shall be the lower of the following: (a) an increase which shall not exceed the percentage increase to any other customer; or (b) an increase which shall not exceed four percent (4 %) per year to the base rate of two hundred fifty dollars ($250.00) per additional port. 5.0 Total System Price. The Total System Price shall be $176,860.00, which is the Application Software Price of $148,110.00, plus the Tele -Works Supplied Equipment Price of $25,000.00, plus the Implementation Services Price of $3,750.00. 6.0 Project Schedule. The installation and implementation of the Application Software shall be performed as set forth in Schedule F, Project Schedule. In addition, the completion and delivery of any portions of the project shall be made in accordance with the Project Schedule. Tele -Works may, if mutually agreed upon in writing, delay the Project Schedule. Collier County may delay the Project Schedule by notifying Tele -Works in writing of the project delay. Any changes of the Project Schedule will extend the subsequent due dates in the Project Schedule by the amount of the delay. 7.0 Tele -Works System Payment. Payment for the Tele -Works System will be made according to the schedule set forth in Schedule G, Payment Schedule, subject to the statutes of the State of Florida. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes. Collier County's Certificate of Exemption number is 21 -07- 019995 -53c. Corporations, Individuals and other entities are impacted by Chapter 212, Florida Statutes according to the type of service, sale of commodity or other contractual arrangement to be made with Collier County. By submittal of the properly executed response to a Request for Proposal from Collier County, Florida Tele -Works has acknowledged that it is aware of its statutory responsibilities for sales tax under Chapter 212, Florida Statutes. Tele -Works shall pay all taxes Agenda Item No. 16C12 September 26, 2006 Page 11 of 54 imposed on it by any other foreign, national, state or local taxing authority. For each payment outlined in Schedule G, Tele -Works shall submit an invoice to Collier County's Project Manager. 8.0 Equipment Shipment. Shipment of the Tele -Works Supplied Equipment to Collier County's installation site shall be made by Tele -Works in an acceptable mode of transportation to provide utmost protection of the equipment. The Tele -Works Supplied Equipment shall be shipped for inside delivery and delivered to Collier County's location specified by Collier County appropriate to facilitate the installation. 9.0 Title. Tele -Works represents and warrants to Collier County that, upon Collier County's payment in full of all monies due under the Agreement for the equipment supplied by Tele -Works to Collier County; (i) Collier County shall receive good title to the equipment free and clear of all claims, liens, encumbrances, and all other defects of title; (ii) Tele -Works shall defend and indemnify Collier County, at Tele- Works' expense, from and against any action or claim brought against Collier County by any third party based on the third party's claim of any ownership interest in the equipment; and (iii) Tele- Works has the right to grant Collier County the rights granted hereunder, and the equipment does not infringe upon or violate the rights of any third party. 10.0 Delivery Costs. Tele -Works shall be responsible for the cost of media and delivery of the Tele -Works Supplied Equipment, Application Software and Licensed Programs Documentation to Collier County's facility. 11.0 Risk of Loss. The risk of loss or destruction for the Application Software and Tele -Works Supplied Equipment, regardless of the cause, shall be the responsibility of Tele -Works until the Application Software and Tele -Works Supplied Equipment has been delivered to Collier County's premises, or has been delivered and installed by Tele -Works personnel. If any Application Software, Licensed Programs Documentation, or Tele -Works Supplied Equipment is lost or damaged during shipment, Tele -Works shall replace it at no additional charge to Collier County. 12.0 Development of Modification Specifications and Tele -Works System Design 12.1 Modification Specifications and Tele -Works System Design Tele- Works, with the participation of Collier County personnel, will perform a detailed analysis of the Modifications to the Licensed Programs. Such analysis shall include, but not be limited to, the following: (i) reviewing each function listed on the List of Modifications and discussing each modification in detail with Collier County personnel; (ii) reviewing the capabilities of the Licensed Programs and determining if a modification is required to satisfy the function listed in the List of Modifications; (iii) identifying how the Licensed Programs will be able to be modified to satisfy the requirements of the function; (iv) identifying the impact of the modification on the Licensed Programs and on the System; (v) identifying any system problems that will result from the modification; (vi) providing a written specification for the modification. Tele- Works, with the participation of Collier County personnel, will also perform an analysis of the business logic that is required to properly set up the Tele -Works System for operation. On or before the date set forth in the Project Schedule, Tele -Works shall deliver to Collier County the Tele -Works System Design, and the written specifications ( "Modification Specifications ") for all functions included on the List of Modifications. For each function listed on the List of Modifications, the Modification Specifications shall include where applicable, but not be limited to, the following: screen layouts, report layouts, data table layouts, processing narratives which define all functions to be performed by the modification, all calculations and data manipulations, all data verifications, all sequencing and timing considerations, the application program interfaces (APIs) on Collier County's existing systems that are required to operate the modification, the cost of the modification, and the timeframe for completing and delivering the modification. 12.2 Review and Correction Period. Collier County shall have ten (10) business days after receipt of the Tele -Works System Design and Modification Specifications to review the Tele -Works 4 Agenda Item No. 16C12 September 26, 2006 Page 12 of 54 System Design and Modification Specifications to determine whether they meet the requirements of Collier County. If they do not satisfy Collier County's requirements, Collier County must notify Tele -Works in writing of any errors or exclusions within that ten (10) business day period. Tele -Works shall then have five (5) business days after such notice to amend the Tele -Works System Design and Modification Specifications to correct all errors and exclusions. The amended Tele -Works System Design and Modification Specifications will then be presented to Collier County for approval as described above. For any subsequent reviews by Collier County and correction by Tele -Works after the first cycle of review and correction, each Party will be limited to five (5) business days to perform the review or correction of the Tele -Works System Design and Modification Specifications as described above. If, after forty five (45) calendar days from the date Tele -Works presents the first version of the Tele -Works System Design and Modification Specifications to Collier County for review Tele -Works has not produced a Tele -Works System Design and Modification Specification that Collier County accepts, or if the cost of the Modifications exceeds the Estimated Modification Price listed on Schedule E by more than fifteen percent (15 %), then Collier County may, at its option, terminate this Agreement. 13.0 Tele Works System Installation. On or before the dates specified in Schedule F, Project Schedule, Tele -Works shall complete the installation of the Tele -Works System on Collier County's Network ( "Installation ") and make the Tele -Works System ready for Collier County's intended use. Installation shall include but not be limited to the following: (i) the installation and configuration of the object code for the Application Software, Database Software, and all Other Software onto the internal storage of the Tele -Works Supplied Equipment; (ii) connection of the Tele -Works System to the Network and to the Avaya System; (iii) delivery of all source code for the Application Layer Software and Other Software on CD Rom; (iv) the verification of the Tele -Works System's readiness for use on Collier County's Network through the execution of a demonstration routine performed by Tele -Works and Collier County personnel on Collier County's Network and as certified in writing by Collier County of the successful execution of the demonstration routine; (v) the generation of all master files and tables, initialized, and able to accept Collier County's data; (vi) the installation of the programs or commands necessary to enable workstations on the Network to access and operate the Tele -Works System; (vii) the installation of the programs or commands necessary to enable any printed output from the Tele -Works System to print on any Network printer; (viii) the delivery of all Licensed Programs Documentation. The cost of the Installation is included in the cost of implementation services set forth in Schedule H, Implementation Schedule, and Collier County shall not be charged for any additional equipment, miscellaneous materials or Other Software that is required to make the Tele -Works System operational. 14.0 Training. Tele -Works shall provide Collier County with on -site training as described in Schedule H, Implementation Schedule, and at the prices specified in Schedule H, Implementation Schedule. Any training requested by Collier County in addition to the training identified in Schedule H, Implementation Schedule, will be provided by Tele -Works at the rate of seven hundred fifty dollars ($750.00) per each eight hour day of training, exclusive of expenses, for one (1) year from the Tele- Works System Live Date. After one (1) year from the Tele -Works System Live Date, Tele -Works will provide training at the lower of the following: (a) an increase which shall not exceed the percentage increase to any other customer; or (b) an increase which shall not exceed four percent (4 %) per year to the base rate of seven hundred fifty dollars ($750.00) per eight hour day of Training. Collier County may make video or audio tapes, for its own use and only for use by Collier County personnel, of any educational or training session provided by Tele -Works and /or its personnel. The °- content of each such educational and training session and the video and audio tapes thereof are subject to copyright owned by Tele- Works. Except for the use by Collier County set forth above, the video and 5 Agenda Item No. 16C12 September 26, 2006 Page 13 of 54 audio tapes may not be copied or reproduced for any purpose without the express written permission of Tele- Works. At the request of Tele -Works and at its cost, Collier County will provide a copy of any such video or audio tape to Tele- Works. 15.0 Out -of- Pocket Expenses. The necessary and reasonable travel and lodging expenses for Tele -Works personnel traveling to Collier County for the delivery of services associated with the Agreement shall be the responsibility of Collier County in accordance with Florida Statute, Chapter 112.061, Per Diem and travel expenses of Public Officers, employees and authorized persons. This requirement includes, but is not limited to, expenses such as automobile travel expenses reimbursement at forty four and one half cents ($.445) per mile, and meal expenses reimbursed at the following rates: Breakfast $4.00 Lunch $8.00 Dinner $15.00 Airfare Actual ticket cost Rental Actual rental cost Lodging Actual cost of lodging at single occupancy rate Parking Actual cost of parking Taxi Actual cost of taxi, airport limousine, or shuttle. All other expenses incurred by Tele -Works shall be the responsibility of Tele- Works. If Tele- Works personnel travel to the Collier County area to provide training or other services to Collier County and while in the Collier County area those Tele -Works personnel travel to another customer or potential customer of Tele- Works, Tele -Works shall charge Collier County a prorated amount for the reasonable travel and lodging expenses based upon the number of days that the Tele -Works personnel were at Collier County's location and the number of days that the Tele -Works personnel were at other customer or potential customer locations. 16.0 System Specifications. The most current version of the Licensed Programs Documentation, the Tele -Works System Design, the Modification Specifications, and the Tele -Works Response to the Collier County Request for Proposal (referred to in Schedule 1) shall become the Application Software system specification ( "System Specification ") and shall constitute the functional specifications for the Application Software. If a conflict exists between the Licensed Programs Documentation, the Modification Specification and the Tele -Works Response to the Collier County Request for Proposal, the Modification Specification shall be the controlling document followed by the Tele -Works Response to the Collier County Request for Proposal, followed by the Licensed Programs Documentation. 17.0 Application Software Acceptance Testing. 17.1 Acceptance Testing. Upon completion of the Installation and Training for the Tele- Works System, Collier County will test the Tele -Works System to determine whether the Tele -Works System, used in conjunction with the Network and the Avaya System, operates in accordance with the Acceptance Tests set forth in Section 17.2 below ( "Acceptance Testing "). The Acceptance Testing will be conducted by Collier County at Collier County's site and completed in accordance with the Project Schedule as shown in Schedule F. 17.2 Acceptance Tests. The following testing criteria will be used by Collier County in testing the Tele -Works System ( "Acceptance Tests "): a) The Tele -Works System meets the specifications and functions set forth in the System Specification; b) Data that is in the format defined in Schedule J, Tele -Works Required Data Format, is able to be used by the Tele -Works System to perform outbound call programs; c) Any Network workstation is able to operate the Application Software; 6 Agenda Item No. 16C12 September 26, 2006 Page 14 of 54 d) All reports generated by the Tele -Works System are able to be printed to any Network printer; e) All inbound and outbound call programs operate with the Avaya System; D The Tele -Works System is compatible with the Network; g) All Licensed Programs Documentation has been delivered and accurately reflects the operation of the Licensed Programs. The determination of the satisfaction of the test criteria during the Acceptance Tests shall be solely at the discretion of Collier County. Notwithstanding the performance criteria defined in Section 17.2.a — 17.2 g, if during the Acceptance Testing, Collier County determines that the system does not meet the requirements of the Acceptance Test Specifications, and Tele -Works is unable to correct the deficiency within the timeframes defined below in Section 17.3, Collier County may, at Collier County's sole option, deem the Tele -Works System unacceptable and elect to cease using the Tele -Works System and return the Tele -Works System to Tele- Works. Upon return of the Tele -Works System, Tele -Works shall refund within thirty (30) days to Collier County all monies paid to Tele -Works by Collier County, less five thousand dollars ($5,000.00). 17.3 Review and Correction. Collier County will either (i) notify Tele -Works in writing that the Tele -Works System meets the Acceptance Tests and is accepted by Collier County, (referred to as "System Acceptance "); or (ii) notify Tele -Works in writing that the Tele -Works System fails to meet the Acceptance Tests. Collier County shall be deemed to have accepted the Tele -Works System in the event no written notice of acceptance or deficiencies is provided to Tele Works on or before expiration of the aforesaid acceptance test period. If Collier County notifies Tele -Works that the Tele -Works System does not satisfy any or all of the Acceptance Tests, Collier County will set forth a list of the errors or omissions which have caused the Tele -Works System not to meet the Acceptance Tests to the extent known by the Collier County. After notification of a failure of the Tele -Works System to meet the Acceptance Tests, Tele -Works shall have ten (10) business days from the date that Tele -Works receives the list of errors and omissions to modify or improve the Tele -Works System to meet the Acceptance Tests. The modified Tele -Works System will then be retested in the same manner as described above in Section 17.2 and Section 17.3. Collier County shall not be required to allow the acceptance testing to proceed for more than a ninety (90) day period. If the acceptance testing requires more than a ninety (90) day period, Collier County will give Tele -Works written notice that Tele -Works has ten (10) business days from the date of the written notice to resubmit the Tele -Works System so that it meets the Acceptance Tests. If this resubmitted Tele -Works System does not satisfy the Acceptance Tests, Collier County, at its sole option, may elect to return the Tele -Works System and receive a full refund of all monies paid to Tele -Works for the Tele -Works System, less five thousand dollars ($5,000.00). 18.0 Tele -Works System Warranties. 18.1 Warranty of Operation. Tele -Works warrants that for the period of one (1) year after the Tele -Works System Acceptance Date, the Tele -Works System used in conjunction with the Network and the Avaya System shall operate in accordance with the System Specification ( "Warranty of Operation "). Any errors or non - conformances to the System Specification within the warranty period shall be corrected by Tele -Works at no charge to Collier County. Collier County shall be entitled to unlimited telephone support and shall receive all updates, revisions, releases and new versions of the Tele -Works System licensed to Collier County during the warranty period at no charge to Collier County. 18.2 Patent and Copyright Indemnification. Tele -Works covenants and represents that the Tele -Works System and all related materials supplied to Collier County hereunder do not knowingly infringe or otherwise constitute wrongful use of any copyright, patent, registered industrial design, trade mark, trade secret or any other right of any third party. Tele -Works shall indemnify and save harmless 7 Agenda Item No. 16C12 September 26, 2006 Page 15 of 54 Collier County from any suit or proceeding brought against Collier County by reason of any such infringement or any wrongful use save where the same has arisen through Collier County's unauthorized modifications to the Application Software including without limitation any judgment awarded thereunder, and any reasonable settlement agreed to. Collier County shall notify Tele -Works in writing of any such suit or proceeding promptly after Collier County is served with process in respect of such suit or proceeding. Failing such notification, but without limitation to Tele- Works' obligation to indemnify as aforesaid, Tele -Works may either defend or settle such claim on Collier County's behalf provided, however, that Tele -Works shall in no event consent to any injunction, accounting or other equitable remedy without the Collier County's prior consent, such consent not to be unreasonably withheld. Collier County shall be entitled to be independently represented by counsel of its own choice, at Collier County's own expense. If the use of the Tele -Works System or any related materials supplied to Collier County hereunder is enjoined as a result of such action Collier County may, at its option, forthwith terminate the Agreement and receive a full refund from Tele -Works for all monies paid by Collier County to Tele -Works unless at any time prior to such termination Tele Works, at its sole cost and expense, has with the agreement of the party pursuing such action either: (a) obtained for Collier County the right to continue using the Tele -Works System or related materials in question; or (b) replaced or modified the Tele -Works System or related materials in question so that there is no longer any infringement, provided that the replacement or modified Tele -Works System or related materials in question function and perform in substantially the same manner and in accordance with the System Specification and as well as or better than the Tele -Works System they replaced or modified, and provided further that any and all training, hardware and other costs occasioned by such replacement or modifications are borne by Tele- Works; and (c) the party pursuing such action waives, relinquishes and releases forever in writing any claims which it does or may have against Collier County and any right to recover from Collier County any sums of money relating directly or indirectly to the Agreement and Collier County's status as a licensee and user of the Tele -Works System; and (d) Tele -Works promptly pays to Collier County any and all damages and costs actually entered against Collier County as a result of such suit or proceeding. The obligations and rights of the Parties under this paragraph shall survive termination of the within license or the Agreement and are in addition to and not exclusive of the rights and obligations of the Parties set forth elsewhere in the Agreement. 1.8.3 Pre - programmed Termination Warranty. Tele -Works represents and warrants that the Tele -Works System and any future version, release or update to the Tele -Works System (or any portion thereof) does not contain any timer, clock, counter or other limiting design or routine which causes such Tele -Works System, data files /tables, or any software on the System (or any portion thereof) to become erased, inoperable or otherwise incapable of being used in the full manner for which it is designed and licensed pursuant to the Agreement after being used or copied a certain number of times, or after the lapse of a certain period of time, or after the occurrence or lapse of any similar triggering factor or event. Furthermore, Tele -Works represents and warrants that the Tele -Works System and any future version, release or update to the Tele -Works System (or any portion thereof) does not contain any limiting design or routine which causes such Tele -Works System, data files /tables, or any software on the System (or any portion thereof) to be erased, to become inoperable, or to otherwise be incapable of being used in the full manner for which it was designed and licensed pursuant to the Agreement solely because the Application Software has been installed on or moved to a central processing unit or system which has a different serial number, model number, or other identification different from that system on which the Application Software were originally installed. 8 Agenda Item No. 16C12 September 26, 2006 Page 16 of 54 If there is a timer, clock, counter or other limiting design or routine in the Tele -Works System or any future version, release or upgrade to the Tele -Works System (or any portion thereof), as defined in this section, Tele -Works shall immediately remove said timer, clock, counter or other limiting design or routine from the Tele -Works System (or any portion thereof) and immediately correct, at no cost to Collier County, any data files /tables or any software on the System that was affected by said timer, clock, counter or other limiting design or routine. 18.4 Warranty of Compatibility. Tele -Works warrants that the Tele -Works System is capable of operating as set forth in the System Specification; and, Tele -Works represents and warrants that the Tele -Works System shall be fully compatible with the Network and the Avaya System. Unless otherwise mutually agreed in writing, the Tele -Works System shall operate using the most current version of the Network Operating System and Other Software within six (6) months from the general release of such version of the Network Operating System or Other Software. 18.5 Warranty of Non - Modification of Network Operating System, Database Software and Other Software. Tele -Works warrants that the Network Operating System, Database Software, and the Other Software shall not be modified by Tele -Works in any way. Tele Works additionally warrants that the Application Software will operate as set forth in the System Specification on the unmodified versions of the Network Operating System, Database Software and the Other Software. 18.6 LIMITATIONS OF LIABILITY. IN NO INSTANCE SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING LOSS OF DATA, REVENUE OR PROFITS, OR ANY OTHER INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES ARISING OUT OF THE DELIVERABLES OR THE PARTIES' RESPECTIVE RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF SUCH A PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT MAY ANY ACTION BE BROUGHT AGAINST EITHER PARTY ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, DETERMINED WITHOUT REGARD TO WHEN THE AGGRIEVED PARTY SHALL HAVE LEARNED OF THE DEFECT, INJURY OR LOSS. TELE -WORKS SHALL NOT IN ANY EVENT BE LIABLE FOR MORE THAN THE TOTAL FEES PAID UNDER THIS AGREEMENT FOR THE PROJECT (WHETHER SUCH LIABILITY ARISES FROM BREACH OF WARRANTY, BREACH OF THIS AGREEMENT, INDEMNIFICATION OR OTHERWISE, AND WHETHER IN CONTRACT OR IN TORT), WITH THE EXCEPTIONS TO THOSE LIABILITIES NOTED IN PARAGRAPH 18.2. 19.0 Correction of Errors. 19.1 Mission Critical Processes. The following Application Software processes shall be considered mission critical ( "Mission Critical Processes ") when determining the priority of Tele -Works System incidents: - An outbound call program is not able to be performed - An inbound call program is not able to process customer calls to completion. 19.2 Priority Classifications. Tele -Works System incidents that are verified to be software discrepancies shall be given a priority classification defined as follows: - High - defined as a discrepancy that results in the inability to complete a Mission Critical Process. - Normal - defined as a discrepancy that is important to address, but one that does not or will not impact a Mission Critical Process. - Low - defined as a discrepancy that does not impact a Mission Critical Process and may only prove to result in a minimal impact on Collier County's ability to conduct business. 19.3 Service Levels. During the Warranty of Operation, and after the Warranty of Operation but provided Collier County has purchased System Maintenance Service as defined herein, 9 Agenda Item No. 16C12 September 26, 2006 Page 17 of 54 Tele -Works agrees to respond to any notice from Collier County of any incident in the Application Software or Tele -Works Supplied Equipment within one (1) hour after Tele -Works receives said notice from Collier County. Such response shall be by telephone or email to confirm receipt of the reported problem. The telephone or email acknowledgement shall include a unique case number assigned to the described problem and any necessary follow -up for the purposes of establishing the parameters of the problem. Thereafter, Tele -Works shall assign an appropriate internal resource to investigate, diagnose, provide status updates and resolve the report problem for Collier County. Tele -Works shall provide similar response to after hours issues left via voice mail and marked as High priority through the voice mail system. Tele -Works shall correct any High priority incidents in the Application Software or the Tele -Works Supplied Equipment within thirty six (36) consecutive clock hours after notification of the error, any Normal priority incidents within three (3) business days after notification of the incident, and any Low priority incident within seven (7) business days after notification of the incident. If a High priority incident remains unresolved for more than thirty six (36) consecutive clock hours from the time Tele- Works receives notice of the High priority incident, at Collier County's sole option, Tele -Works shall immediately dispatch a Tele -Works support person that is experienced in supporting the Application Software and Tele -Works Supplied Equipment to Collier County's location to correct the High priority incident. Tele- Works' support person shall remain on -site at Collier County's location until the High priority incident is corrected. If a Tele -Works support person is dispatched to Collier County to correct a High priority incident it shall be at Tele- Works' sole expense. If a High priority incident is caused by a problem with the Network, or Avaya System, data base error, hardware error outside the control of Tele- Works, or by the negligence of Collier County, Tele- Works shall not be required to correct the High priority incident within the timeframes defined in this section 19.3. 20.0 Source Code. As defined in Section 13.0 of this Exhibit, Tele -Works shall deliver to Collier County a magnetic tape, CD -ROM, computer disk or disks onto which shall have been recorded the Source Code for the Application Layer Software (as hereinafter defined), together with the required supporting documentation, which shall be held by Collier County subject to the terms and conditions of this Section 20.0 at no cost to Collier County. Future updates of the Source Code and supporting documentation shall be provided with each update, revision, release or new version of the Application Layer Software provided to Collier County. Collier County shall be entitled to verify compliance with the provisions of this section from time to time by inspection of the Source Code and supporting documentation provided to it by Tele- Works. For purposes of this Exhibit the term "Source Code" shall mean the source code or codes of the Application Layer Software including all updates, revisions, releases or new versions of the source code to correspond with all updates, revisions, releases or new versions of the Application Layer Software which are provided to Collier County by Tele -Works from time to time, and shall include supporting documentation in sufficient detail to enable Collier County to use, support, maintain and enhance the Application Layer Software. Except as provided for under this Section 20 and Section 21, Collier County shall not divulge, disclose or otherwise make available to any other party (other than its officers, employees, agents and subcontractors), or use the Source Code or any other documentation or confidential information of any kind provided by Tele -Works to Collier County in connection therewith without the prior written consent of Tele- Works. Collier County acknowledges that title and ownership of the Source Code shall at all times remain vested in Tele- Works. Except as provided for in this Exhibit, Collier County shall not divulge to any person any confidential information or intelligence contained within or forming a part of the Source Code without the prior written consent of Tele- Works. 10 Agenda Item No. 16C12 September 26, 2006 Page 18 of 54 Collier County shall use reasonable efforts to maintain the secrecy of the confidential information or intelligence contained within or forming part of the Source Code and shall disclose it only to those of its officers, employees, agents and subcontractors on a need to know basis. Collier County shall not make use of the information or intelligence contained within or forming part of the Source Code for the purpose of appropriating any commercial business opportunity available to Tele- Works. In addition to every other remedy available to Tele -Works at law or in equity, in the event that Collier County shall breach any of the within confidentiality provisions of this Section 20, it shall account to Tele -Works for any benefit derived by Collier County by reason of such breach, and Collier County shall otherwise be liable to Tele -Works for any actual damage (but not including any incidental or consequential damages) caused to it as a result of such breach. 21.0 Collier County's Right to Modify the Source Code. Upon the occurrence of any of the following conditions ( "Release Conditions "), or upon Collier County obtaining the right to use the Source Code as defined in Section 27.0, Collier County shall thereupon automatically be entitled to use and modify the Source Code and supporting Licensed Programs Documentation as may be required by Collier County for purposes of using, supporting, maintaining or enhancing the Application Software: Upon a default by Tele -Works in the performance or continuing performance of its obligations as described in this Exhibit; or The making by Tele -Works of a general assignment for the benefit of its creditors or the appointment of a receiver, receiver - manager or trustee in bankruptcy of Tele - Works's assets and undertaking; or (iii) Tele -Works ceasing to carry on business in the normal course, for any reason whatsoever; or (iv) Tele -Works ceasing to provide adequate maintenance and support services for the Application Software on behalf of Collier County for any reason whatsoever; or (v) If Collier County requires a function or report to be performed by the Application Software that the Application Software is not able to perform and Tele -Works does not provide a modification to the Application Software to enable it to perform the function or report within a cost and timeframe that is reasonable and agreed to by both parties. Collier County shall have no liability for its use of the Source Code or supporting Licensed Programs Documentation pursuant to this Section 21 upon its reasonable, good faith determination that a Release Condition has occurred. After a Release Condition has occurred, Collier County personnel may perform modifications to the Source Code or Collier County may contract with a third -party firm to provide modifications to the Source Code provided that the third party firm executes an agreement prohibiting the third party firm from disclosing, distributing or using the techniques contained in the Source Code to or for any party other than Collier County. If Collier County or a third party firm performs modifications to the Source Code, Tele -Works may terminate the Software Maintenance Service in effect at the time the modifications were performed to the Application Software. If Collier County modifies the Source Code without the occurrence of a Release Condition or without obtaining the right to use the Source Code as defined in Section 27.0, Tele -Works may cease providing Software Maintenance Service for the Application Software. If Tele -Works ceases providing Software Maintenance Service, Collier County may continue to use the Application Software, the Source Code and supporting Application Software Documentation for as long as Collier County deems necessary for the sole purpose of operating Collier County's governmental business needs. 11 Agenda Item No. 16C12 September 26, 2006 Page 19 of 54 Upon occurrence of a Release Condition, Collier County personnel shall have the right to use, or contract with a third party firm to use, the Licensed Programs Documentation and the Source Code to create custom reports, interfaces with other external systems and convert data from the Tele -Works system to another system. If Collier County modifies the Source Code and Tele -Works is required to correct any incidents in the Application Software that were caused by the modifications, Tele -Works may charge Collier County on a time and materials basis to correct the incidents. 22.0 Project Staffing. 22.1 Personnel. Tele -Works shall staff this project with professionals trained in the design and implementation of the Tele -Works System. The computer professionals assigned to complete the Agreement shall be mutually acceptable to Tele -Works and Collier County. Tele -Works shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. 22.2 Project Manager. Tele -Works and Collier County shall each designate one (1) individual to serve as project manager ( "Project Manager ") for the installation, testing and implementation of the Tele -Works System. The Project Managers will have the authority to issue, execute or provide any approvals, requests, notices or other communications required or requested hereunder except payment requests or requests for the expenditure of additional funds which must be approved by the Collier County Board of Commissioners. The Project Manager for Tele -Works during the implementation of the Tele -Works System shall be assigned after the execution of this Agreement. The Project Manager for Tele -Works will be determined under the direction of Brian Cross, CTO; the Project Manager for Collier County shall be Ms. Mary Jo Thurston. During the implementation of the Tele -Works System, Tele -Works shall not change Project Managers unless the Project Manager is no longer employed by Tele- Works, if Collier County requests a change in Tele- Works' Project Manager, or if both Parties mutually agreed that the Tele- Works' Project Manager will be changed. In the event that Tele- Works' Project Manager changes, Collier County has the right to approve the new Project Manager assigned to the project, such approval shall not be unreasonably withheld. In the event that Collier County's Project Manager changes, Tele -Works has the right to approve the new Project Manager assigned to the project, such approval shall not be unreasonably withheld. 22.3 Status Meetings. Once every other week, or as otherwise determined by both parties in writing, the Tele -Works and Collier County Project Managers, as well as appropriate additional personnel involved with the particular tasks underway, will conduct project status meetings either via telephone conference or meeting at Collier County's offices to discuss the progress made by Tele -Works and Collier County in the performance of their respective obligations hereunder since the last such meeting. At each telephone conference or meeting, Tele -Works and Collier County will notify each other in writing of any problems or circumstances encountered since the last such meeting which might prevent Tele -Works or Collier County from meeting any obligations hereunder. Project status meetings may be conducted via telephone conference or meeting at Collier County's offices based on mutually agreed upon frequency and scheduling. If Collier County opts to have the Tele -Works Project Manager attend a project status meeting at the Collier County offices, Collier County shall be responsible for the travel and living expenses of the Tele -Works Project Manager in accordance with Section 15.0 of this Exhibit. 23.0 Additional Tele -Works Services. Any additional services requested by Collier County that are beyond the scope of the services defined in this Exhibit shall be provided by Tele -Works on a time and materials basis. Tele- Works' billing rates for time and materials services is one hundred fifty dollars ($150.00) per hour. Said billing rates shall remain at those rates until two (2) years from the execution of the Agreement at which time Tele -Works shall provide time and materials assistance at the lower of the following rates: (a) an increase which shall not exceed the percentage increase to any other customer; or 12 Agenda Item No. 16C12 September 26, 2006 Page 20 of 54 (b) an increase which shall not exceed four percent (4 %) per year to the base rate of one hundred fifty dollars ($150.00) per hour. Prior to commencement of any additional services, Tele -Works shall define in writing the labor - hours, billing rate, description of services and /or work to be performed, the changes or additions to the Application Software, the way in which the Tele -Works System will function upon completion of the modifications, including the impact on system performance, and the estimated time period for the services to be performed. Collier County shall not be charged for any services until the additional services are approved by the Collier County Project Manager in writing. Only after Tele -Works receives approval in writing will Tele -Works perform the additional services. 24.0 Tele -Works System Support. 24.1 System Maintenance Service. After the expiration of the Warranty of Operation for the Application Software, Tele -Works shall make System Maintenance Service available to Collier County. Tele -Works shall offer System Maintenance Service to Collier County on an annual basis. System Maintenance Service shall include, but not be limited to, the following: (a) unlimited telephone support services concerning the use of the Application Software and Tele -Works Supplied Equipment; (b) response to problem notifications and correction of all errors or equipment malfunctions found in the Application Software or Tele -Works Supplied Equipment within the timeframes defined in Section 19.0 of this Exhibit; (c) correction of any Application Software or Tele -Works Supplied Equipment non - conformances to the System Specification within the timeframes defined in Section 19.0 of this Exhibit; (d) one (1) copy of each subsequent update, revision, release or new version of the Application Software and related material including the Source Code and related user and technical documentation for each subsequent update, revision, release or new version; (e) one (1) copy of the new or updated documentation for the Application Software which accurately reflects the changes in the update, revision, release or new version of the Application Software; (f) installation, by Tele- Works, of each update, revision, release or new version of the Application Software. Tele -Works shall first perform the installation in Collier County's test environment. After Collier County has tested the update, revision, release or new version of the Application Software in the test environment, Tele -Works will perform the installation in Collier County's live environment. On -site service shall be available to Collier County at Tele- Works' cost and at no additional charge to Collier County where on -site service is necessary to correct incidents, problems, deficiencies, defects or errors in the Application Software or Tele -Works Supplied Equipment which cannot otherwise be corrected by way of remote support. 24.2 Annual System Maintenance Fee. Tele -Works shall make System Maintenance Service available to Collier County for the annual fee of thirty -one thousand, nine hundred eighty -six dollars ($31,986.00) , (hereinafter "System Maintenance Fee "), Collier County will pay Tele -Works the System Maintenance Fee for System Maintenance Service upon expiration of the Warranty of Operation for the Application Software. The System Maintenance Fee shall remain at thirty -one thousand, nine hundred eighty -six dollars ($31,986.00) until two(2) years after the expiration of the Warranty of Operation for the Application Software at which time the System Maintenance Fee will be the lower of the following: 13 Agenda Item No. 16C12 September 26, 2006 Page 21 of 54 (a) an increase which shall not exceed the percentage increase to any other customer; or (b) up to a four percent (4 %) increase per year to the net System Maintenance Fee charged to Collier County in the previous year. Purchases by Collier County of additional Tele -Works System hardware or software will increase the System Maintenance Fee based on the annual fee calculation in place at the time of the additional purchase. 24.3 Time and Materials Software Maintenance Service At its sole discretion, and at any time, Collier County may elect to receive Software Maintenance Service on a time - and - materials basis or for the Software Maintenance Fee. Tele- Works' billing rates for time - and - materials Software Maintenance Service for the Licensed Programs is one hundred fifty dollars ($150.00) per hour and shall remain at one hundred fifty dollars ($150.00) per hour until two years from the expiration of the Warranty of Operation for the Application Software at which time Tele -Works will provide time- and - materials Software Maintenance Service at the lower of the following: (a) an increase to the base hourly rate which shall not exceed the percentage increase to any other customer; or (b) an increase which shall not exceed four percent (4 %) per year to the base hourly rate of one hundred fifty dollars ($150.00) per hour. If Collier County elects to receive software maintenance on a time - and - materials basis, all guaranteed service levels outlined in Section 19.3 of this Exhibit shall be provided. In addition, system upgrades will no longer be provided at no charge. 24.4 Modifications in Updates Revisions Releases and New Versions All future updates, revisions, releases or new versions of the Application Software as provided by Tele -Works shall not affect the Modifications that have been performed as defined in this Exhibit. If the installation of a future update, revision, release or new version of the Application Software causes a Modification to not perform as originally written or as defined in the Modification Specification, Tele -Works shall, within seven (7) business days of notification from Collier County and at no charge to Collier County, correct the Modification so it functions as originally written or as defined in the Modification Specification. 24.5 Maintenance Hours. Tele -Works will respond to calls for service during normal working hours between 8:30 am and 5:30 pm eastern time, Monday through Friday. Collier County shall not incur any charges for Software Maintenance Service that is performed after the normal working hours to correct Showstopper or Hot incidents. Tele -Works will respond to calls for service for High priority problems twenty -four (24) hours per day, seven (7) days per week, at no additional cost to Collier County. 24.6 Software Maintenance Log. Tele -Works shall maintain a log of all support calls from Collier County to Tele -Works regarding problems with the Application Software or questions regarding the operation of the Application Software. The written log of all support calls shall include, but not be limited to, a short description of the support call, date, time, Collier County person initiating the support call, Tele -Works person receiving the call, description of support work performed by Tele -Works and the disposition of the call. On Collier County's request, Tele -Works shall provide Collier County with a copy of the written log of all support calls. 24.7 Collier County Responsibilities. A. Collier County is responsible for maintaining all items received from Tele- Works, including but not limited to the Tele -Works Supplied Equipment and Application Software in a safe and stable environment that is out of the way of foot or machinery traffic, suitable for electronic equipment and within a secure network environment. Collier County is responsible for all standard maintenance and licensing for the application web server and telephony server including, but not limited to, data archival and backup, 14 Agenda Item No. 16C12 September 26, 2006 Page 22 of 54 service packs, security patches and updates and domain registration. Collier County will license and install anti -virus software and periodically update virus definitions to assure that the Application Software is protected from viruses that could be contracted from any source including, but not limited to, the local network, the Internet, physical disk or data exchange. B. Collier County is responsible for maintaining supporting infrastructure of interconnected resources including but not limited to network, telephone, database, and internet payment gateway connections. Collier County is also responsible for maintenance contracts and/or costs they may incur from third party vendors that support interconnected resources that may be required to assure the integrity of Tele -Works products. It is suggested that Collier County communicate with Tele -Works such that any changes and upgrades to interconnected resources are anticipated and shared with Tele -Works in advance to accurately forecast any necessary down time and additional costs that might fall outside Tele -Works responsibilities. C. Collier County is responsible for sufficient data connections for remote diagnostics, preferably utilizing a Virtual Private Network, but at a minimum to provide for remote dial -up capability. Collier County is responsible for sufficient telephone lines and Internet connections for the intended operation of the Tele -Works System and for managing all third -party vendor relationships in facilitating with Tele- Works the correction of a deficiency or failure of the Tele -Works System, or in coordination of digital line configurations. D. In the event that Collier County provides as a service for its customers, credit card or electronic check processing of payments, Collier County, as a merchant, shall be responsible for secure payment transactions utilizing Secure Socket Layer encryption and for maintaining a current digital security certificate on the applicable web server. 24.8 Collier County System Access Policies. Tele -Works agrees to adhere to, and abide °- by, the Collier County policies defined in Schedule K regarding Tele -Works access and use of the Network. The Collier County policies include CMA #5402, CMA #5403, and CMA #5405. 24.9 Government Mandated Software Changes. Tele -Works agrees to provide reasonable changes to the Application Software to enable the Application Software to comply with any and all processing or reporting required or mandated by the Federal government, the Governmental Accounting Standards Board or any pronouncement issued by the American Institute of Certified Public Accountants. Tele -Works agrees to provide reasonable changes to the Application Software to enable the Application Software to comply with any and all processing or reporting required or mandated by the State of Florida provided that Collier County gives Tele -Works the specifications from the State of Florida regarding the processing or reporting requirement. The changes to the Application Software identified in this section shall be performed by Tele -Works and Tele -Works may charge Collier County a prorated amount for the change. The prorated amount to be charged to Collier County shall not exceed the total amount of the change divided by the number of Tele -Works Florida customers that require the change. 24.10 Conversion Costs. If a conversion of Collier County's data is necessary due to an update, revision, release or new version of the Application Software, Tele -Works shall perform the conversion and bear the entire cost of the conversion. 24.11 Required Equipment Upgrades. At least once every five (5) years, or as otherwise mutually agreed by the Parties, Collier County shall upgrade the equipment on which the Application Software is operated. If Collier County does not upgrade the equipment at least once every five (5) years, Tele -Works may elect to discontinue System Maintenance Service to Collier County. Tele -Works shall provide Collier County with at least four (4) months prior written notice before the System Maintenance Service is discontinued. 24.12 Term. The term of System Maintenance Service shall be for twelve (12) months. �- Renewals shall be upon the same terms and conditions as contained in this Exhibit. Tele -Works shall annually provide Collier County a renewal notice at least sixty (60) days prior to the end of the term. 1s Agenda Item No. 16C12 September 26, 2006 Page 23 of 54 Collier County shall have thirty (30) days following commencement of the immediately following renewal term in which to renew by paying the entire amount of the Annual System Maintenance Fee. Upon a failure on the part of Collier County to pay the entire amount of the renewal Annual System Maintenance Fee, in accordance with this Section, Tele -Works may discontinue System Maintenance Service. In order to reinstate System Maintenance Service upon Collier County's failure to pay the Annual System Maintenance Fee, Collier County shall pay the pro -rated Annual System Maintenance Fee for the time after the Annual System Maintenance Fee was due and the reinstatement date of the System Maintenance Service. Tele -Works shall not terminate System Maintenance Service unless Collier County has defaulted as defined in Section 26.0 of this Exhibit or has modified the Source Code as defined in Section 21.0. Collier County may, at its sole option, terminate System Maintenance Service with thirty (30) calendar day's written notice to Tele- Works. Collier County is guaranteed the right to purchase System Maintenance Service from Tele -Works for as long as System Maintenance Service is available for the Application Software. 25.0 Subcontractors. Tele -Works states that no subcontractors will be used to complete this contract. 26.0 Default by Collier County. The nonpayment or nonperformance of any obligation of Collier County will not be deemed a default unless Collier County fails to cure the default within forty five (45) days after written notice to Collier County of such nonpayment or nonperformance. If Collier County fails to cure such default Tele -Works may terminate this Agreement. Any nonpayment or nonperformance by Collier County which is the result of a dispute between the Parties to the Agreement shall not be considered a default by Collier County. 27.0 Default by Tele -Works The nonperformance of any obligation of Tele -Works will not be deemed a default unless Tele -Works fails to cure the default within forty five (45) days after written notice to Tele -Works of such nonperformance; provided, however, Tele- Works' time to cure a default under Sections 18.3 and 19.3 shall be the time set forth in those Sections and not forty five (45) days. If Tele- Works fails to cure such default, ceases conducting business in the normal course, becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or avails itself of or becomes subject to any proceeding under the Federal Bankruptcy Act (other than a proceeding under Chapter 11 thereof) or any other statute of any state relating to insolvency or the protection of the rights of creditors, then Collier County may do any one or more of the following: (i) terminate this Agreement; (ii) suspend any payments due under this Agreement; (iii) pursue any remedy available to it at law or equity in addition to any specific rights or remedies set forth in this Agreement; (iv) continue to use the Application Software, Source Code for the Application Software and Licensed Programs Documentation for as long as Collier County deems necessary for the sole purpose of operating Collier County's business needs. 28.0 Governing Law. This Agreement, including all Exhibits and Schedules attached hereto and/or incorporated by reference herein, shall be governed and construed in accordance with the laws of the State of Florida. If any provision hereof shall be held to contravene any applicable law, such provision shall be deemed reformed to the extent of conforming to said law, and in all other respects the terms hereof shall remain in full force and effect. Tele -Works shall comply with all applicable laws, regulations and rules promulgated by any Federal, State, County, Municipal and /or other governmental unit or regulatory body now in effect or which may be in effect during the performance of the Agreement including without limitation all applicable laws, rules and regulations pertaining to equal employment opportunity. Any breach by Tele -Works of the foregoing laws, regulations and rules shall constitute a breach by Tele -Works of the Agreement. Any litigation or legal action to enforce or interpret the Agreement shall be filed and heard only in the state or federal courts located in Florida and Collier County and Tele -Works consents and submits to the exclusive jurisdiction and venue over any action, suit or other legal proceeding that may arise out of or in connection with the Agreement in such courts. 16 Agenda Item No. 16C12 September 26, 2006 Page 24 of 54 29.0 Confidentiality of Collier County Information. Tele -Works acknowledges that all material and information supplied by Collier County which has or will come into the possession or knowledge of Tele -Works in connection with Tele- Works' performance is to be considered Collier County's confidential and proprietary information, disclosure of which information to or use by third parties will be damaging or which disclosure may be prohibited by law. Tele Works agrees to hold such material and information in strictest confidence, not to make use of it other than for performance as defined in this Agreement, to release it only to Tele -Works employees requiring such information, and not to release or disclose it to any other party or otherwise violate applicable law with respect to any disclosure of information. 30.0 Confidentiality and Non - Disclosure of Tele -Works Information. Collier County acknowledges the Application Software and Licensed Programs Documentation constitute copyright works of authorship and include confidential information of Tele -Works or its suppliers and represent and embody certain valuable proprietary information and trade secrets of Tele -Works or its suppliers. Except as otherwise provided for in the Agreement, Collier County agrees not to disclose or make available the Application Software or Licensed Programs Documentation, or any part thereof, to anyone other than Collier County's employees and consultants who are required to have access to the Application Software or Licensed Programs Documentation in the normal course of installation, operation or use of the Application Software or Licensed Programs Documentation and who have a legal duty to protect such trade secrets and confidential information. Collier County agrees to implement reasonable procedures to prevent other persons from obtaining access to or use of the Application Software and Licensed Programs Documentation. The responsibilities and obligations set forth in this Section shall apply during the term of the Agreement and shall continue thereafter (i) with respect to trade secrets of Tele -Works or its supplier, as long as such information remains a trade secret under applicable law, and (ii) with regard to other confidential and proprietary information of Tele -Works or its suppliers, for a period of three (3) years after the termination or expiration of the Agreement. Collier County's responsibility regarding the confidentiality and non - disclosure of Tele -Works information shall not extend beyond any state or federal "freedom of information" or "right to know" laws. 31.0 Force Maieure. If the performance of any obligation (other than confidentiality obligations) under the Agreement is prevented, restricted or interfered with by reason of war, revolution, civil commotion, acts of public enemies, blockade, embargo, strikes, outage of the Internet, law, order, proclamation, regulation, ordinance, demand, or requirement having a legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this Section 31.0, which is beyond the reasonable control of the party affected, then the party so affected shall, upon giving prior written notice to the other party, be excused from such performance to the extent of such prevention, restriction, or interference, provided that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. 32.0 Request For Proposal. The information provided in the Tele -Works Response to the Collier County Request For Proposal referred to in Schedule I, shall be read as part of this Exhibit. If any information in the Response to the Request for Proposal is inconsistent with the terms and conditions of this Exhibit, the terms and conditions of this Exhibit shall control. 33.0 Waiver of Breach. Waiver of any breach of any term or condition of the Agreement shall not be deemed a waiver of any prior or subsequent breach of the same provision or of any other provision. No inspection, payment or order for payment of money, acceptance of the whole or any part of any work performed under the Agreement, or extension of time shall operate as a waiver of any provision of the Agreement, or of any power herein reserved to Collier County, or any right to damages or other relief permitted by law. No term or condition of the Agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the Parties hereto. 34.0 Partial Invalidity. If any provision of the Agreement is found to be invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect, and such invalid or 17 Agenda Item No. 16C12 September 26, 2006 Page 25 of 54 unenforceable provision will be limited and curtailed only to the extent necessary for it to be valid and enforceable. 35.0 Hiring of Collier County Employees During the term of the Agreement Tele -Works may not offer to hire or in any way employ or compensate any of the employees of Collier County or persons who have been employed by Collier County within the immediate past twelve (12) months without the prior written consent of the Collier County. 36.0 Assignment. Tele -Works shall not transfer or assign any of its rights or obligations under the Agreement to any other party without the prior written consent of Collier County, which may be withheld for any reason. Tele- Works' responsibility for performance of the Agreement shall remain, even if Collier County should agree to such transfer or assignment. 37.0 Clear Understanding. If anything necessary for a clear understanding of any work or services to be performed by Tele -Works under the Agreement has been omitted from the provisions of the Agreement, including Exhibits or Schedules, or if it appears that various instructions are in conflict, Tele -Works shall secure written instructions from Collier County's Project Manager before proceeding with any work or services to be performed under the Agreement affected by such omissions or discrepancies. It is understood and agreed that the written terms and provisions of the Agreement supersede all verbal communications or agreements between the Parties. 38.0 License to do Business in Florida. For the duration of the Agreement, Tele -Works shall be licensed to do business in the State of Florida. 18 SCHEDULE A Licensed Programs The following is a list of the Tele -Works Licensed Programs: APPLICATION Tele -Works Evision Platform Citizen's Response FirstResponder SelectAlert Tele- Work's Voice Response (TVR) Utility IVR English Utility IVR Spanish Utility TTY English Interactive Voice Broadcast ePayment Credit Card Module ECheck Module English ETTS (12 Resources) Spanish ETTS (6 Resources) 19 Agenda Item No. 16C12 September 26, 2006 Page 26 of 54 Agenda Item No. 16C12 September 26, 2006 Page 27 of 54 SCHEDULE B List of Modifications The following is a list of the Modifications that are to be installed and implemented by Tele- Works: Work Order Updates - $5,400 Ability for the outbound call to prompt the customer with a question(s) and track the customer's response(s). The IVR system must be able to update a host database with the customer responses. A modification will be performed to update the host database with the customer response. The system will use an API provided by the County or the Utility Billing software vendor to update the host database. ■ Tele -Works will create a small survey application consisting of no more than 4 touchtone based response questions provided by an outbound call recipient indicating their level of satisfaction with work completed by the County. Using procedures provided by the County Tele -Works will update the customer accounts in the County's host system with the responses provided. The application will offer an English /Spanish language selection menu at the beginning of the call. Pricing is for one outbound notification campaign /job type. Modifications to the initial survey designed and the subsequent host update may incur additional programming charges. 2. Call Disposition Update - $5,400 Ability to update the customer's record in the host database with the date, time, and telephone number called, and the status of the call for each customer called during an outbound call program. Tele -Works will provide a customized method for the County to conduct outbound telephone notifications to Utility customers, updating the customer's account record comments field within the host system with date, time, and notification description for successful calls. A successful call is defined as a telephone call answered on the dialed party's end. Using County provided contact lists, the outbound notification system will speak a greeting and offer a Spanish /English language selection menu. Once the user makes a language selection, the application will read text using the selected language via text -to- speech or playback the appropriate County recorded message. Once the receiving party hangs up, the system will update the appropriate account record in the host system. The County will be able to change the message content or point to the appropriate recorded voice file through web -based administrative configuration pages for the outbound notification job. The system will use an API provided by the County or the Utility Billing software vendor to update the host database. Outbound Spanish / English Language Selection Menu- $1,350 Ability to perform outbound calls in English or in Spanish. The calls should first prompt the customer for the preferred language. The remainder of the message must be presented in the selected language. If the customer transfers out of the outbound call into another IVR option (e.g., make a payment) the call must continue in the language selected by the customer. A modification will be performed to allow a customer to select the language at the beginning of the outbound call. Tele -Works will provide the County with a method for administrators of generic outbound notification via Voice Broadcast to offer call recipients with an English /Spanish language selection menu at the beginning of each call. The remainder of the message will be presented in the selected language. Administrators will be trained on setting up individual outbound notifications so that multiple outbound notifications may use the same 20 Agenda Item No. 16C12 September 26, 2006 Page 28 of 54 SCHEDULE B - Continued List of Modifications language selection. This modification is for use with generic outbound notifications that do not require any updates of a host database system. The following are transactions that must be processed by the IVR system that must generate a work order in the UBCS billing system: 4. Unlock or Reinstall Meters - $5.400. If a customer calls the IVR system to have their meter unlocked or reinstalled, the system must prompt for the customer's account number. The system must verify the account number against the billing system and read the address to the customer for verification. If a telephone number is not on file for the customer, the system must prompt the customer for their telephone number. If there is a telephone number on file, the system must read the telephone number to the customer and have the customer verify the telephone number. If the customer indicates that the telephone number is incorrect the system must prompt the customer for the correct telephone number. The system must update the telephone number of the account in the billing system. The system must inform the customer whether their meter is locked or pulled. If the meter has been locked, the locked meter field will contain a date (the field will be blank if the meter is not locked). If the meter has been pulled, the pulled meter field will contain the date the meter was pulled (the field will be blank if the meter has not been pulled). The system must inform the customer of the balance that must be paid to unlock or reinstall the meter. The amount due will be available to the IVR system. If a customer calls to have their meter unlocked after 3:00 pm on a business day, the customer must be notified that their will be a one hundred dollar ($100) overtime charge applied to the customer's account if the customer wants the meter to be unlocked the same day, the system must add one hundred dollars ($100) to the total amount due and process the customer's payment for the total amount. If the customer indicates that the meter should be unlocked the next business day, the one hundred dollar ($100) overtime charge must not be charged to the customer. If a customer calls the IVR system after 2:00 pm for a reinstall, the system must notify the customer that reinstalls are not performed after 2:00 and that the reinstall will be scheduled for the next business day. Work orders must be created in the UBCS billing system for the unlocks and reinstalls. The IVR system must be able to generate a file of all unlock and reinstall transactions. An operator will initiate the process to create the file. The records in the file must include a job code based on whether the transaction was for an unlock or for a reinstall. The records in the file will be imported into the billing system to create the work orders. The IVR system must send an email message, relayed through Collier County's SMTP server, to a pre- defined user(s) whenever an unlock or reinstall transaction is processed by the IVR system. The programming interface that allows the IVR to access and update the customer's telephone number and provides access to the customer's meter status will be provided by the database vendor. 21 Agenda Item No. 16C12 September 26, 2006 Page 29 of 54 - SCHEDULE B -Continued List of Modifications Meter Re -reads - $5,400. If a customer calls the IVR system to schedule a meter re -read, the system must prompt the customer for their account number. The system must verify the account number against the billing system and read the address to the customer for verification. If a telephone number is not on file for the customer, the system must prompt the customer for their telephone number. If there is a telephone number on file, the system must read the telephone number to the customer and have the customer verify the telephone number. If the customer indicates that the telephone number is incorrect the system must prompt the customer for the correct telephone number. The system must update the telephone number of the account in the billing system. The system must notify the customer that if the original reading was correct that there will be a thirty dollar ($30.00) re -read charge applied to the customer's account. The system must also inform the customer that the re- read will be performed the next business day. Work orders must be created in the UBCS billing system for the meter re- reads. The IVR system must be able to generate a file of all meter re -read transactions. An operator will initiate the process to create the file. The records in the file must include a job code indicating a meter re -read. The records in the file will be imported into the billing system to create the work orders. The programming interface that allows the IVR to access and update the customer's telephone number will be provided by the database vendor. The IVR system must send an email message, relayed through Collier County's SMTP server, to a pre - defined user(s) whenever a meter re -read transaction is processed by the IVR system. Move -Ins and Move -Outs - $7,560. Customers will be able to call the IVR system to initiate a move -in or a move -out. If the customer calls in for a move -out, the system must prompt the customer to determine if the customer has the buyer information. If the customer does not have the buyer information, the system must notify the customer and transfer them to a customer service representative. If the call is being placed after hours, the IVR system must notify the customer that they must have the buyer information before a move -out can be entered. The IVR system must also notify the customer that the move -out should be place no more than 5 days prior to the closing date. If the customer calls in for a move -out and the customer has the buyer information, the IVR system must prompt the customer for their account number. The system must verify the account number against the billing system and read the address to the customer for verification. If a telephone number is not on file for the customer, the system must prompt the customer for their telephone number. If there is a telephone number on file, the system must read the telephone number to the customer and have the customer verify the telephone number. If the customer indicates that the telephone number is incorrect the system must prompt the customer for the correct telephone number. The system must update the telephone number of the account in the billing system. The programming interface that allows the IVR to access and update the customer's telephone number will be provided by the database vendor. 22 Agenda Item No. 16C12 September 26, 2006 Page 30 of 54 SCHEDULE B - Continued List of Modifications If the account number and address are valid, the system must prompt the customer for the closing date, forwarding address, and new telephone number. The system will prompt the customer to enter the closing date and new telephone number using their telephone touch pad. The forwarding address will be spoken by the customer and recorded by the system as a .wav file. The system must then prompt the customer to speak the buyer name, address, and telephone number. The system will create a .wav file of the buyer information. If the customer calls in for a move -in, the IVR system will prompt the customer to speak their name, the address of the property, the phone number of the property, and the mailing address and phone number if it is different from the property address. This information will be recorded in the system as a .wav file. The system will generate email messages, relayed through Collier County's SMTP server, to pre - defined users containing the move -in and move -out information obtained from the customer. Collier County personnel will create a work order in the utility billing system for the move -in and move -out and will update the customer data in the utility billing system. 7. ACH Information - $5.400. The IVR system must allow a customer to enter their ACH information or request that an ACH application form be sent to the customer. The system must prompt the customer for their account number. The system must verify the account number against the billing system and read the address to the customer for verification. If a telephone number is not on file for the customer, the system must prompt the customer for their telephone number. If there is a telephone number on file, the system must read the telephone number to the customer and have the customer verify the telephone number. If the customer indicates that the telephone number is incorrect the system must prompt the customer for the correct telephone number. The system must update the telephone number of the account in the billing system. The programming interface that allows the IVR to access and update the customer's telephone number will be provided by the database vendor. If the customer indicates that they want an ACH application sent to them, the system must prompt the customer for their fax number. The system must prompt the customer for their ACH information comprised of their ABA routing number and checking account number, and encrypt that information in the Tele- Works system databases. The system must prompt the customer for their ACH information and encrypt that information in the system. The system must allow all ACH requests to be extracted from the IVR system. The information in the extract file must be able to be used to create a work order in the billing system. The system will generate email messages to pre- defined users to notify the user of an ACH request from the customer. Collier County personnel will update the customer data in the utility billing system. 23 Agenda Item No. 16C12 September 26, 2006 Page 31 of 54 SCHEDULE B - Continued List of Modifications The system must issue a message to the customer informing them of the steps they must take if they want to terminate their automatic ACH transactions. Change of Mailing Address - $5,400. Customers must be able to call the IVR system to change their mailing address. The system must prompt the customer for their account number. The system must verify the account number against the billing system and read the address to the customer for verification. If a telephone number is not on file for the customer, the system must prompt the customer for their telephone number. If there is a telephone number on file, the system must read the telephone number to the customer and have the customer verify the telephone number. If the customer indicates that the telephone number is incorrect the system must prompt the customer for the correct telephone number. The system must update the telephone number of the account in the billing system. The programming interface that allows the IVR to access and update the customer's telephone number will be provided by the database vendor. The billing system can have multiple alternate addresses on file for a customer account. The IVR system must prompt the customer for the address number of the new address. The IVR system must compare the entered number to the street numbers in the alternate addresses for the account. If there is a match, the IVR system must read the address to the customer and ask if that is the new address. If the customer indicates that it is the new address the system will use the address from the utility billing system as the new address. If the customer indicates that isn't the new address, the IVR system will prompt the customer to speak the new address. The IVR system will create a .wav file of the spoken address. The system will generate email messages to pre - defined users containing the change of address information obtained from the customer. Collier County personnel will update the customer data in the utility billing system. Note: Many of these items have been identified at a cost of $5,400. This amount represents 1 week or 40 hours at our standard hourly rate of $150 /hour and a discount of 10 %. During these 40 hours the items will be Designed, Developed, and Tested. All of the Modifications above will be provided in both English and Spanish. Inbound TTY will be in English and Spanish. 24 Agenda Item No. 16C12 September 26, 2006 Page 32 of 54 SCHEDULE C Tele -Works Supplied Equipment The following is the equipment that will be supplied by Tele- Works, and the cost of the equipment: Hardware Fee Evision Platform $ 7,000.00 - 2U industrial grade chassis - Redundant 700W hot -swap power supply - Onboard 64 MB video RAM Intel PRO /1000 gigabit - CATS NIC (10/100/1000) - 2.8 GHz Intel Pentium 4 CPU with 533 MHz FSB - 2 x 512 MB PC2 100 ECC DDR2 -400 DIMM (1 GB total) - CDRW EIDE 40x/12x/40x - Two (2) 36.7 GB hot swap Ultra 320 SCSI 10K RPM hard disk drives (500+ hours of voice storage, 9,000+ pages of fax documents) - SCSI RAID U320 PCI controller with 2 hot swap drive chassis (mirrors activity on both hard drives) - USR 56 remote support modem - Dialogic D /240JCT -T1 24 -port digital voice /fax board (RJ45 interface) - PS2 mouse and keyboard - 15" LCD color monitor - All interface cables - Microsoft Windows 2003 server, 5 CALs - Symantec pcAnywhere 11.5 - Tele -Works Trunk Server - Tele -Works Broadcast Service - Tele -Works Web Administrator - Dialogic SR 5.x - MySQL Database Server 12 Voice Ports $ 3,000.00 eVision Ports License $12,000.00 TTY Ports $ 1,000.00 Fax Resources $ 2,000.00 Total Hardware Cost $25,000.00 25 SCHEDULE E Application Software Price The following is the price for the Application Software: APPLICATION LICENSE FEE TVR Software License $ 8,000.00 English IVR Utility Application English TTY Utility Application Spanish IVR Utility Application Inbound IVR Utility Application Additional Features (English and Spanish) Meter Unlock and Reinstall Meter Re -reads Move -Ins and Move -Outs ACH Information Change of Mailing Address Outbound IVR Customization English /Spanish Language Selection Menu Call Disposition Updating Work Order Updates Interactive Voice Broadcast ePayment Module Credit Card Interface eCheck Interface Tele -Works Citizen's Response Tele -Works FirstResponder Enhanced Text -to- Speech Resources English ($1000.00 x 12) Spanish ($800.00 x 6) Total Application Software Price 27 $25,000.00 $ 5,000.00 $12,500.00 $29,160.00 $12,150.00 $ 3,000.00 $10,000.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $16,000.00 $12,000.00 $ 4,800.00 $148,110.00 Agenda Item No. 16C12 September 26, 2006 Page 34 of 54 NCO C:) LO U Q CO N O ��cf) N co Z - a) E -0 cu E m ❑_ c O) Q U- W J M W U N Oa L O O L a� a) -0 L N U cC v7 • U N N L Q .. y C y N E C w CD E L= m N � > N Lj C Q) -o a) O a c O U m E N O 3 c L U y N N cm a C _O O- L � Q O :b Q N c U � C � � O C Q o C ,0 U L U c � O w w N :3 � O U U E ) O O 4l .EU:3 L O U) O a O N N CU O cA •�"C U O N c0 Y Q M L T Q j O U >� E a) = M O Q L cr E i— _0 :_ aD N a e- a °' a LO co co L) y .w Q �' a) .T, a) -O g o N O Q i w 0 Q o � o � Q °Q o v cn •p •O y to > Q m O C N O 'm6 C O O C D C 'a C ffl C � O 'O Q O U U C C Q TO c1 C •j N C Q v N C � y C C O N C O C CD o E E > O > U >�� > >�E > U >�E > U > > U >E > U >m > N > U tm T c M c ° a) ' a) a) _ m a c a) :3 a) C m c y E C_ Y n C m C) T n U E y N y Y a) O m a) m O > D A U C O p 0 tm U V � N G _ O m N >� __ cn m CL m C U. 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(6 )n 4) h a) U O 'O a u O CZ Q~ 10 ° y N t m C) m —6-0.2 a d a m y a.o (D co 0- Q ca C 'o ¢ h" m ❑ Q o C oci ° c o na)° �� y 0 ° a�i U U e U .O o ; Q C a) E h �, r o f D m° CD = h O °) p• d p) 'y 3 y U 'O O h U � ;I, ti m° cu d C `n ° .2 I c , a) N .G V C Q o= C .may. d c j y N o U y o C O m :a I� ° .E p .a� c0 y 3 U O 0 � > m F� y c j C) iC y� oay C O �� CL �' ` +" m nE °.c O mU m w ca O m m C4 h ti W= m`� c m m o h L a3)m� 4 0 O 'Sc�U to p-= - q m c > �•c i 3� yQ y� O i c� a) oa y Y 4v v, ` m c c y m v m`c a v U c`o y° y j C .y aV'i m m h �, £ v c E a��i > m h , d v ,O) h C V d m O o d H -p 4 � Q m N ci m c G., m E >+a• Q C mh .°y 2 a_�i �$ p'yo0 a) °mm :a Q) CL c6 c 3 O. > c D E O- O C U C 0 d G c 5 m c O• ,y �y ) m Y O m a J .+ E 4 y p .+ .0 Q a) +.+ p O =° a) U �. O y `m Q ° O U ° O 42 c cm ti Y O a�i °❑ o v .y v y c c� a) c*U U c O. i U° y d V O Q of O CL a a) d a ti> N O a w> a) a �ti o O v �' �3 a) N p ❑ QUr d p m u0 � �Q� � � � ti w O U Z N M It LO (.0 CO m Q aD N Agenda Item No. 16C12 September 26, 2006 Page 36 of 54 SCHEDULE G Payment Schedule Payment Date Amount Calculation Upon execution of the Agreement $17,686.00 10% of the Total System Price Acceptance of Tele -Works System Design $26,529.00 15% of the Total System Price and Modification Specifications Installation of the Tele -Works System $61,901.00 35% of the Total System Price Acceptance of the Tele -Works System $35,372.00 20% of the Total System Price 60 days after Acceptance of the Tele -Works $35,372.00 20% of the Total System Price System $176,860.00 29 Agenda Item No. 16C12 September 26, 2006 Page 38 of 54 SCHEDULEI Tele -Works Response to the Collier County Request For Proposal Hereby referred to and made an integral part of this Agreement. 31 Agenda Item No. 16C12 September 26, 2006 Page 39 of 54 SCHEDULE J Tele -Works Required Data Format The following is the data format required by the Tele- Works' FirstResponder system for importing outbound notification lists. The primary way that contacts are imported into eVision FirstResponder is from a comma delimited text file with the first line of the file containing the field types that will be imported and each subsequent containing the corresponding field data. Each field name and field value should be surrounded by double quotes. For example: "First Name "," Last Name ", "Company ", "Business Phone ",... "Joe ", "Green "," Green and Sons", "555-392-2453" ... "Mary", "Smith ", "Professional Consulting ", "555- 294 - 3382 ",... This is a sampling of the standard field names used by eVision. First Name Middle Name Last Name Suffix Company Job Title E -mail Address Business Fax Home Fax Other Fax Business Phone Home Phone Mobile Phone Other Phone Beyond the standard field names, custom information can be imported using the following formatting: "Utility:AccountNumber" or "Utility:AmountDue ". The name before the colon is a data type and the name after the colon is a sub type. If both these examples were in the import file then each contact would receive two types of data under'Utility', an 'Account Number' and an 'Amount Due'. Put into a sample CSV file, it would appear like this "First Name "," Last Name "," Home Phone "," Utility: AccountNumber ", "Utility:AmountDue ", ... "Joe ", " Green "," 540 - 555 - 2453 ", "005436585 ", "$134.92 ", ... "Mary", "S m ith ", "540- 555 - 3382 ", "exa mple ", "S5632458 ",... An example broadcast read back using Enhanced Text -to- Speech. "This is the Collier County calling Joe Green to inform you that currently your utility account is past due in the amount of $134.92. Please pay your bill before November 26 to avoid disconnection." Additional information, directions, and tips can be obtained from Tele -Works online help files and directly through a customer support representative. 32 Agenda Item No. 16C12 September 26, 2006 Page 40 of 54 SCHEDULE K Collier County Network Access Policies The following, CMA #5402, CMA #5403, and CMA #5405 are the Collier County Network access policies: 33 Agenda Item No. 16C 12 September 26, 2006 Page 41 of 54 TELE -WORKS IVR CONTRACT COSTS Application Software, Schedule E Tele -Works Supplied Hardware, Schedule C Implementation, Schedule H Maintenance Fee, Page 13 Modification to Initial Survey for Work Orders Estimated at 10 %, Item #1, Page 20 $148,110 25,000 3,750 31,986 21,554 TOTAL AMOUNT OF SYSTEM $230,400 Agenda Item No. 16C12 September 26, 2006 OFFICE OF THE COUNTY MANAGER Page 42 of 54 ADMINISTRATIVE PROCEDURE CMA# 5402 SUBJECT: Remote Access Policy Effective Date: January 1, 2005 A. PURPOSE: The purpose of this policy is to define standards for connecting to Collier County's network from any host (computer or other device that connects to the network). This policy will also ensure Collier County's compliance with applicable license, copyright, local, State and Federal laws and regulations. B. BACKGROUND: This policy is required to minimize the risk that any individual device could be configured or used in a manner which could compromise the integrity and availability of the network and associated resources. Damages include the loss of productivity due to downtime, damage to public image, and damage to critical Collier County internal systems, and access to non - public data, which could result in possible violations of law concerning privacy (HIPAA, etc). This policy applies to all Collier County employees, contractors, vendors and agents that connect to the Collier County network. This policy does not apply to access of the County's e -mail system via the Internet (Outlook Web Access) nor any publicly available service provided by Collier County on the Internet. C. POLICY: 1. Requirements: a) All requests for remote access will be submitted to the Information Technology (1T) Department. b) All trusted network connections and devices must be configured to meet the authentication and configuration requirements of the Collier County network. C) With the exception of approved vendors, only computers owned and supported by Collier County will be permitted to connect to the Collier County network. d) Vendors requesting access to the Collier County network will be provided a copy of all applicable policies governing remote access and will demonstrate acceptance of those policies by signing a "Third Party Access Agreement" of which a copy will be retained by the IT Department. e) The approved methods of remote access to the Collier County network are as follow: VPN, dial -up, trusted network via direct connection, un- trusted network via firewall. f) Collier County employees and vendors with remote access privileges must ensure their computer or workstation that is remotely connected to Collier County's corporate network is not connected to any other private network at the same time with the exception of personal networks that are under the complete control of the user. 251 Agenda Item No. 16C12 September 26, 2006 Page 43 of 54 g) All Remote Access Clients for VPN access will be configured by IT personnel according to IT Department procedures. h) It is the responsibility of the County employees who have been granted remote access to ensure that the computers used for this access be connected to the network at least once in a thirty day period so that it can receive the proper security patches and updates. Computers requiring security updates will be prevented from accessing the network until the required updates are completed. D. ENFORCEMENT: a) It is the responsibility of remote access users to comply with all applicable Collier County computer usage policies. b) Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment. E. DEFINITIONS: a) Host — Computer or other device connected to a network b) Private Network — A network secured from external access from other networks and the Internet C) Remote Access — All present and future methods by which hosts connect to the CCBCC's private network, such as dial -up, VPN, PC Anywhere, etc. d) VPN — Virtual Private Network — an encrypted connection to the CCBCC network via the Internet e) Trusted Network — A system that has the necessary controls to ensure that security policies will not be compromised f) Un- trusted Network — A system with no verifiable security controls that would present a security risk to the CCBCC network F. CURRENCY: The Information Technology Department is responsible for maintaining the currency of this Instruction. 252 Agenda Item No. 16C12 September 26, 2006 OFFICE OF THE COUNTY MANAGER Page 44 of 54 ADMINISTRATIVE PROCEDURE CMA# 5403 SUBJECT: Third Party Access Policy Effective Date: January 1, 2005 A. PURPOSE: The purpose of this policy is to define standards for vendors, contractors, consultants, and others who connect to Collier County's network from any host. These standards are designed to minimize the potential exposure to Collier County from damages that may result from unauthorized use of Collier County resources. Damages are defined to include but not limited to: the loss of productivity due to downtime, loss of sensitive or confidential data, loss of intellectual property, damage to public image, damage to critical Collier County internal systems, etc. B. CONCEPT: This policy applies to all Collier County contractors, vendors and agents with a Collier County -owned or personally -owned computer or workstation used to connect to the Collier County network. This policy applies to direct and remote access connections used to perform work on behalf of Collier County including reading or sending email and viewing intranet web resources. Access implementations covered by this policy include all methods of direct and remote access to the Collier County network. C. POLICY: 1. General: a) It is the responsibility of Collier County that vendors, contractors, consultants, and others having access privileges to Collier County's network ensure their access connection is given the same consideration as the user's on- site connection to Collier County. b) The following policies must be reviewed by vendors, contractors, consultants, and other parties for details of protecting information when accessing the Collier County network via remote access methods and the acceptable use of Collier County's network: (1) End User Computing Policy (2) Remote Access Policy 2. Requirements: a) Secure access must be strictly controlled. Control will be enforced via one -time password authentication or public /private keys with strong pass - phrases. For information on creating a strong pass - phrase see the End User Computing Policy. b) At no time should any third party (as described above) provide their login, password, or email their password to anyone. 253 Agenda Item No. 16C12 September 26, 2006 Page 45 of 54 C) Those with access privileges must ensure that a Collier County -owned or personal computer or workstation which is connected to Collier County's corporate network is not connected to any other network at the same time. d) All hosts connected to Collier County networks must use the most up -to- date anti -virus software from a reputable vendor. e) Equipment used to connect to Collier County's networks must meet the same requirements as Collier County -owned equipment. f) Organizations or individuals who wish to implement non - standard solutions to the Collier County production network must obtain prior approval from the IT Department. g) Vendors, consultants and other third parties will be permitted to access the Collier County network only during normal business hours (8:OOAM to 5:OOPM local Collier County time), unless otherwise agreed to. h) Vendors, consultants and others will notify the IT Department in writing of all changes that will be made or work that will be conducted while logged into the Collier County network. i) Vendors, consultants and others will notify the IT Department immediately if passwords are lost, accounts are no longer required or of any attempts of intrusion are detected. D. ENFORCEMENT: Any third party found to have violated this policy may be subject to loss of Collier County network access privileges or other penalties as prescribed in the vendor's contract with Collier County or by applicable laws. E. DEFINITIONS: 1. Host — Computer or other device connected to a network 2. Private Network — A network secured from external access from other networks and the Internet 3. Remote Access — All present and future methods by which hosts connect to the CCBCC's private network, such as dial -up, VPN, PC Anywhere, etc. 4. VPN — Virtual Private Network — an encrypted connection to the CCBCC network via the Internet 5. Trusted Network — A system that has the necessary controls to ensure that security policies will not be compromised 6. Un- trusted Network — A system with no verifiable security controls that would present a security risk to the CCBCC network 254 Agenda Item No. 16C12 September 26, 2006 OFFICE OF THE COUNTY MANAGER Page 46 of 54 ADMINISTRATIVE PROCEDURE F. CURRENCY: The Information Technology Department is responsible for maintaining the currency of this Instruction. 255 Agenda Item No. 16C12 September 26, 2006 Page 47 of 54 Collier County Government Third Party Network Access Agreement I, , agree I will not use my network access to the Collier County network in any manner inconsistent with the work I am contracted to perform. This includes only accessing information systems or data files required in the performance of my work. I agree to notify the appropriate Collier County contact of all accesses and details of actions or modifications which I have performed on systems while connected. I further affirm that I have read and agree to abide by the Collier County End User Computing Policy and Remote Access Policy as provided to me. I also agree to notify the Information Technology Department as soon as network access is no longer required so my access can be removed. I understand that violation of any of these policies could lead to loss of access, termination of vendor or contractor status, or prosecution under the applicable statute. I understand that vendor access is restricted to the hours of 8:OOAM to 5:OOPM Collier County local time, unless otherwise agreed to and noted on this agreement. Printed Name Signature 256 Date Agenda Item No. 16C12 September 26, 2006 Page 48 of 54 OFFICE OF THE COUNTY MANAGER ADMINISTRATIVE PROCEDURE CMA# 5405 SUBJECT: End User Computing Policy Effective Date: June 10, 1999 (Revised: December 1, 2000; Revised February 12, 2001; Revised October 1, 2001; Revised; Octobcr 1, 2003, Revised; May 30,2004; Revised June 11, 2004; Revised: January 1, 2005) A. PURPOSE: To ensure that all employees and users of the Collier County Board of County Commissioners computer network and related systems are aware of their individual responsibilities and obligations while using those resources. B. CONCEPT: This policy will provide a framework relating to proper usage of computers and computing resources, as well as provide proper guidance to comply with all applicable laws governing the computer systems and their use. C. POLICY: The implementation of this policy will enable the County to provide a consistently high level of service to Users while ensuring compliance with applicable regulations. Because prevention of security problems is considerably less expensive than correction and recovery, this policy will also reduce costs in the long run. All employees of Collier County play an important role in the information security area. Now that information and information systems are distributed to the office desktop and are used in remote locations, the employee's role has become an essential part of information security. No longer is information security the exclusive domain of security professionals - information security is now a team effort requiring the participation of every employee who comes into contact with Collier County information and/or information systems. In recognition of the need for teamwork, this End User Computing Policy clarifies the responsibilities of Users as well as the steps they shall take to help protect Collier County information and information systems. All Users of the Collier County computing and electronic communications systems, (all computer systems, networks, and telephone systems), will legally affirm that they have read and understood all applicable policies annually. D. COMMENTS/PROCEDURES: The electronic communication systems are the property of Collier County Government. Collier County has provided these systems to be used solely for County business purposes. All communications and information transmitted by, received from, passing through, or stored in these systems are County records and the exclusive property of Collier County. At all times, users have the responsibility to use computer resources in a professional, ethical, and lawful manner. 1. Use of the computer system is a privilege that may be monitored, restricted or revoked at any time. Any violation of any provision of this policy is subject to disciplinary action, up to and including discharge. 2. Collier County, in its discretion as owner of these systems, reserves the right to monitor, access, retrieve and delete any data stored in, created, received, or sent over these systems, for any reason and without the permission or prior knowledge of any User. Collier County may monitor the content of electronic communications and the usage of electronic communications systems to support operational, maintenance, auditing, security, and investigative activities. 259 Agenda Item No. 16C12 September 26, 2006 Page 49 of 54 3. Users have no right or expectation of personal privacy in any matter stored in, created, received, or sent over the electronic communication systems. Use of passwords or other security measures, whether mandatory or voluntary, does not in any way diminish Collier County's rights, or create any privacy rights of Users in such matter. Collier County has global passwords that permit it to access all material stored on its computer system regardless of whether that material has been encoded with a particular User's password. 4. The County reserves the right to apply size and characteristic limitations on all data stored in or carried by the electronic communications systems. If there is a business reason to send or receive data in excess of these limitations, contact the IT Helpline. 5. Except for public records searches and special investigations, data shall be treated as confidential and accessed only by the intended recipient. Unless specifically authorized by the appropriate personnel, Users are prohibited from retrieving or reading any e-mail messages or accessing data to which they are not intended to have access. 6. Data Custodians are managers with the authority for acquiring, creating, and maintaining information within their assigned area of control. Data Custodians are responsible for categorizing the information for which they have been designated a custodian. Data Custodians are additionally responsible for authorizing User access to information based on a need -to -know basis. Data Custodians must also make decisions about the permissible uses of information including relevant business rules. 7. Users are responsible for safeguarding their passwords for access to the computer system. Individual passwords may not be printed, stored online, or given to others. Users are responsible for all transactions made using their User identification. No User may access the computer system with another User's password or account without written approval of their Department Director or designee. 8. Generally, all information and records created, stored, sent, or received on the Collier County electronic communications systems are public records except those exempted in Chapter 119 and 435.09 of the Florida Statutes, or in any other applicable laws. 9. Information and information systems are critical and vitally important assets. Without reliable and properly secured electronic communications systems, Collier County operations would be severely disrupted. Likewise, the preservation and enhancement of Collier County's reputation is directly linked to the way in which both information and electronic communications systems are managed. Maintaining an adequate level of security is one of several important aspects of both information management and electronic communications systems management. 10. A single unauthorized exception to security measures can jeopardize other Users, the entire county, and even outside organizations such as business partners. The interconnected nature of information systems requires that all employees observe an adequate level of security. This policy defines that adequate level of due care. In some cases, these requirements will conflict with other objectives such as improved efficiency and minimized costs. Management has examined these tradeoffs and has determined that the requirements defined in this document are appropriate for all employees at Collier County. 260 Agenda Item No. 16C12 September 26, 2006 Page 50 of 54 OFFICE OF THE COUNTY MANAGER ADMINISTRATIVE PROCEDURE a) Every user of the Collier County electronic communications systems shall comply with all applicable policies. Non - compliance by employees will be subject to disciplinary action up to and including discharge. b) Collier County reserves the right to revoke the privileges of any User at any time. Conduct that interferes with the normal and proper operation of Collier County's information systems, which adversely affects the ability of others to use these information systems or, which is harmful or offensive to others will not be permitted. E. GENERAL INFORMATION SECURITY: 1. Roles and Responsibilities of Users: a) Information Users are individuals who have been granted explicit authorization to access, modify, delete, and/or utilize information by the relevant Data Custodian. Users shall use the information only for the purposes specifically approved by the Data Custodian. Users shall also comply with all security measures defined by the Data Custodian, and/or defined by the Information Security Policies. Users must additionally refrain from disclosing information in their possession unless authorized to do so by the appropriate Data Custodian. Users should additionally report to the Information Technology Department all situations where they believe an information security vulnerability or violation may exist. b) Collier County does not provide default message protection services such as encryption. Accordingly, no responsibility is assumed for the disclosure of information sent over Collier County's networks, and no assurances are made about the privacy of information handled by Collier County's internal networks. In those instances where session encryption or other special controls are required, it is the User's responsibility to make sure that adequate security precautions have been taken. Encryption of information at rest (in storage) or in transit (on a network) should be achieved via commercially available products approved by the Information Technology Department. C) Users shall not move information classified at a higher sensitivity level to a less sensitive level unless this action is a formal part of an approved process. d) Users shall not exploit vulnerabilities or deficiencies in information systems security, damage systems or information, obtain resources beyond those they have been authorized, obtain, or take resources away from other Users, or gain access to other systems for which proper authorization has not been granted. Users shall promptly report all information security alerts, warnings, suspected vulnerabilities, etc. to the IT Helpline. Users also may not deliberately perform acts that waste computer resources or monopolize resources to the exclusion of others. These acts include, but are not limited to, sending mass mailings or chain letters, spending excessive amounts of time on the Internet, using hard drive or network space to store inappropriate data, or creating unnecessary network traffic. e) A User's ability to connect to other computer systems through the network does not imply a right to access those systems or to make use of those systems unless specifically authorized by the operators of those systems. 261 Agenda Item No. 16C12 September 26, 2006 Page 51 of 54 f) Users should be aware that deletion of any data may not truly eliminate the information from systems. All data is stored in a central back -up system in the normal course of data management. g) Misrepresenting, obscuring, suppressing, or replacing a User's identity on an electronic communications system is forbidden. The User name, electronic mail address, county affiliation, and related information included with electronic messages or postings shall reflect the actual originator of the messages or postings. Inappropriate or Unlawful Material: a) Material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, or otherwise unlawful or inappropriate may not be sent by email or other form of electronic communication or displayed on or stored in the County's computers, including, but not limited to; messages and material with sexual comments, obscenities, pornography, abusive or degrading language, antisocial behavior, or inappropriate comments concerning race, color, religion, sex, national origin, marital status, or disability. Any message received that contains intimidating, hostile, or offensive material should be reported immediately to management so that appropriate measures can be taken. 3. Inappropriate use of Internet Access: a) Internet browsing for personal use and inappropriate "surfing" of the Internet is prohibited. Internet access is for business related activities and shall be used for that purpose only. Use of the Internet will be monitored and disciplinary action may be enforced at the discretion of the supervisor. b) Without prior written permission from the County, Collier County's computer resources may not be used for dissemination or storage of commercial or personal advertisements, solicitations, promotions, destructive programs (that is viruses or self - replicating code), political material, or any unauthorized use deemed inappropriate or not related to County business. The sending or forwarding of non - business email should be limited and shall not conflict with any other provisions in this policy. C) Users may not send unsolicited or non - business e-mail to persons with whom they do not have a prior relationship without the express permission of their supervisor. Sending unsolicited e-mail, or "spamming," is prohibited. d) Collier County electronic communications systems shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information, or similar materials, unless permission is received. All doubt about whether information is copyrighted, proprietary, or otherwise inappropriate for transfer should be resolved in favor of not transferring such information. 4. County Computer Modifications a) Without the express permission of the Information Technology Department, Users shall not attempt to install or repair county computers and peripherals. Users shall 262 Agenda Item No. 16C12 September 26, 2006 Page 52 of 54 OFFICE OF THE COUNTY MANAGER ADMINISTRATIVE PROCEDURE not make changes that affect the network settings or overall operation of the computer such as reformatting the computer and uninstalling and reinstalling software. b) BIOS passwords are no longer permitted. 5. Computer Viruses: a) Virus detection software approved by the Information Technology Department shall be in place on all personal computers and devices that connect to the Collier County network. b) All files coming from external sources shall be checked before execution or usage (if encryption or data compression has been used, these processes should be reversed before the virus checking process). C) Disabling or turning off antivirus software is prohibited. d) User possession or development of viruses or other malicious software is prohibited. e) If Users obtain virus alerts, they should immediately disconnect from all networks and cease use of the affected computer. They should then call the IT Department Help Line and get technical assistance. f) To prevent possible damage to Collier County information and information systems, Users are not permitted to remove viruses on their own. If Users believe they may have been the victim of other malicious software, they should immediately call the IT Department Helpline for assistance. g) Because it may indicate a computer virus infection or similar security problem, all unusual systems behavior, such as missing files, frequent system crashes, misrouted messages, etc, should also be promptly reported to the IT Helpline. 6. Direct Access to the Internet: a) To ensure security and avoid the propagation of viruses, access to the Internet will only be allowed through the County's local area network that is behind an approved firewall. Accessing the Internet directly by a modem or other means will require written permission from the IT Department. 7. Software Usage: a) All software used on, in, or to enhance or develop County systems is the property of Collier County. Collier County has provided this software for use in conducting County business; personal use is prohibited. b) Users are not permitted to download software from electronic bulletin board systems, the Internet, or other systems outside of Collier County unless specifically authorized by the IT Department. Authorized downloads can be made only on systems in 263 Agenda Item No. 16C12 September 26; 2006 Page 53 of 54 which current anti -virus software is installed and functioning, as determined by the Information Security Officer. C) Users should not install any software developed outside Collier County on the County's personal computers, network servers, or other machines (such as laptops and stand -alone computers) without first receiving advanced authorization from the Information Technology Department. Exceptions to this policy would be considered for IT Department staff in evaluating or testing new systems or software and the diagnostics needed to support County systems. d) Collier County requires strict adherence to software vendors' license agreements and copyright holders' notices. Users are forbidden from making unauthorized copies of software. e) Collier County will not provide a defense for violators of copyright and licensing agreements. Likewise, Collier County allows reproduction of copyrighted material only to the extent legally considered "fair use" or with the permission of the author /owner. All doubt about whether software is copyrighted, proprietary, or otherwise inappropriate for duplication should be resolved in favor of not duplicating such information. f) Users are responsible for proper and adequate physical security and protection of software in their possession. A locked file cabinet or locked desk drawer should be used to safeguard software. g) Without prior written authorization from the Information Technology Department, Users shall not do any of the following: (1) Copy third party software for use on their home computers; (2) Provide copies of third party software to any independent contractor, client, or third person, or perform any other action that would cause noncompliance with any licensing agreement. h) Non - licensed software may be removed immediately by Information Technology staff or any representative of Information Technology. Violations of this policy may result in disciplinary action, including discharge, and possible civil and /or criminal penalties. Employees who become aware of any misuse of software or violation of copyright law should immediately report the incident to their immediate supervisor. F. E -MAIL: 1. Storage of Electronic Mail Messages: a) If an electronic mail message contains information relevant to the completion of a business transaction, contains potentially important reference information, or has value as evidence of a Collier County management decision, it should be retained for future reference. Only personal a -mails that are not made or received pursuant to law or ordinance or in connection with the transaction of official business may be deleted. Users are not permitted to delete any items designated as a public record unless a paper 264 Agenda Item No. 16C12 September 26, 2006 Page 54 of 54 OFFICE OF THE COUNTY MANAGER ADMINISTRATIVE PROCEDURE record is first produced and retained. In lieu of this, the electronic communications systems are a valid means of storage. G. HOME Use of County Computers: Supervisors have the discretion to allow Collier County computers to be used by employees at home for County- related work purposes; the use of these computers will be the same as if they were directly connected to the County network and all applicable policies shall apply. Use of County computers and computing resources are for the exclusive use of authorized personnel only. H. ADDITIONAL PROVISIONS: 1. Amendments, Revisions & Unspecified Aspects of Policy: a) This policy may be amended or revised from time to time as the need arises. Users will be notified by e-mail and will have access to all amendments and revisions via the intranet. Any interpretation of this policy as it relates to the computer system will be provided by the Human Resources Department with guidance from the Information Technology Department and the County Attorney's Office. L DEFINITIONS: A Computer Terminology Dictionary can be found on the County Wide Web at: hnp://collierf-yov.net/commdev/Diction4a. J. CURRENCY: The Information Technology Department is responsible for the currency of this policy. 265 EXECUTIVE SUMMARY Recommendation to approve Naples Wholesale supplier of live bait for resale at Caxambas Park, Year 2007 expenditure of $86,000, and approve schedule Agenda Item No. 16D1 September 26, 2006 Page 1 of 5 Bait as a sole source with an estimated Fiscal a seven day payment OBJECTIVE: To sell live bait shrimp to the patrons of Caxambas Park Marina. CONSIDERATIONS: Collier County Parks and Recreation is now managing the day - to -day operations of Caxambas Park Marina and wants to continue to offer live bait shrimp for resale to the patrons of the park. Of three vendors contacted, Naples Wholesale Bait is the only company that offers delivery within Collier County of live bait shrimp. The cost is $52.00 per 500 shrimp (approximately $1.25 per dozen). Naples Wholesale Bait is a small local business. It is the nature of the industry to pay prompt suppliers on demand for their -daily catch. A seven day payment schedule is requested again for the next fiscal year 2007. FISCAL IMPACT: Funding of the $86,000 for purchase of live bait is included in the FY 07 Parks and Recreation budget. There is revenue in the amount of $129,000 from the sale of live bait. GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action. RECOMMENDATION: That the Board of County Commissioners approves Naples Wholesale Bait as a sole source provider of live bait for resale at Caxambas Park Marina, and approve a seven day payment schedule. Prepared by: Murdo Smith, Region 1 Manager Parks and Recreation Department ZT'7 0 0 C'O Ojtx6 5 - 7 Sc-� 0 CD a4�46s - 15,0-oc - J4) �AGE 31 Agenda Item No. 161D1 September 26, 2006 Page 2 of 5 3 Agenda 1 M W161 September 26, 2006 Page 3 of 5 smith —m From: Dawn I'd awn@fisn andbai f. -- Dml Sent: Friday, &epternberOS, 2100e 5.12 Pt-,l To: smith m Subject. Live Bait Deal, Murdo, As we discussed this afternoon, our company does not sell or provide live bait to customers. We we be happy Io supply your frozen fishing bait needs. Please contact us again if we can be of further assistance Dawn Aylc-sworth Aylc-sworth'r, Fish & Bait, Inc, 1295 - 28th Street S*DUth sbwo, Fl. USA331712 (80D) 2117-4577 voicx. ('127) 327-8608 vDice (727) 323-6-.153 Ilay 911-5/2006 Agenda them Mo' 61 September 26, 2006 Page 4 of 5 smith —m From: TODD [toadfish(g)rnyway com'; Sent: Friday, September '•5, 2(XI6 10.42 AM To- smith —m Subject: Live Bait Murdcv. J am sckn-v bin we dD iwi supply 4ve bait we only supp'N trozen bar at this lime. Please conzaci me mith any, (jundims you havc- Todd No banners. No pop-ups. No kidding. Make My Wriy your hni-no on th-r- Wet) - 9,1115"Z006 Item Number: Item Summary: Meeting Date: Approved By Kathy Carpenter Public Services Agenda Item No. 16D1 September 26. 2006 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D1 Recommendation to approve Naples Wholesale Bait as a sale source supplier of live bait for resale at Caxambas Park. with an estimated Fiscal Year 2007 expenditure of $86,000, and approve a seven day payment schedule. 9126/2006 9:00:00 AM Executive Secretary Public Services Admin. Date 9/1112006 8:36 AM Approved By Mary Ellen Donner Assistant Director Date Public Services Parks and Recreation 9111/2006 8:41 AM Approved By Barry Williams Director Date Public Services Parks and Recreation 9111/2006 6:24 PM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 9112/2006 11:28 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13,'2006 8:51 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9/1512006 2:44 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 9!1512006 2:48 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9115/2006 3:16 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 9115/2006 3:47 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 911912006 9:00 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/1912006 5:23 PM Agenda Item No. 16D2 September 26, 2006 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. and approve budget amendments to reflect an overall increase of $7,722 in the Alzheimer's Disease Initiative program. OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors has been providing case management and facility respite services to Collier County's frail elderly for the past 15 years through the Alzheimer's Disease Initiative. The final contract has been received to reflect the actual allocation. The total grant amount of $113,428 is for the period July 1, 2006 through June 30, 2007. Funds are available from the State of Florida grants and aids appropriation. Of the total grant award, $200 will be recognized as the direct funding portion of the County for case management. The remaining $113,228 will be budgeted to pay the local facility respite service providers. Program Component Original Budget Revised Budget Net Change ADI Case Management $ 559 $ 200 $ (359) ADI Adult Day Care $105,147 $113,228 $ 8,081 Total $105,706 $113,428 $ 7,722 GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: FY06 budget in Services for Seniors fund (123) will increase by $7,722. This grant requires no local matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners Chairman sign the agreement and approve the necessary budget amendments to recognize the additional funding. Prepared by: Terri Daniels, Accounting Supervisor, Human Services Department Agenda Item No. 161D2 September 26 2006 July 2006 -2007 Agreement No. ADi 306. �6f 15 STANDARD AGREEMENT AREA AGENCY ON AGING ALZHEIMEER'S DISEASE INITIATIVE Collier County Services for Seniors THIS AGREEMENT is entered into between the Area Agency on Aging for Southwest Florida, Inc. hereinafter referred to as the "agency ", and the Collier County Services for Seniors, hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the agency and the recipient, Agreement No. HM004, and its successor, incorporated herein by reference. The parties agree: I. Recipient Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in ATTACHMENT I of this agreement. B. Final Request for Adjustments and Payment: 1. Final requests for budget revisions or adjustments to contract funds based on expenditures for services provided through June 30, 2007 must be submitted to the Agency grant manager by July OS, 2007. 2. The final request for payment invoice must be submitted by July 20, 2007. H. The Agency Agrees: A. Agreement Amount: To pay for services according to the conditions of ATTACHMENT I in an amount not to exceed $113,428.00, subject to the availability of funds. B. Obligation to Pay: The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. C. Source of Funds: The costs of services paid under any other agreement or from any other source are not eligible for reimbursement under this agreement. The funds awarded to the recipient pursuant to this agreement are in the state grants and aids appropriations and consist of the following: July 2006 -2007 Agenda Item No. 161D2 September 26, 2006 Agreement No. ADI 306'_a09.06'f 15 Services Year Reimbursement Rate Case Management 2007- 2006 $50.51 Program Title Year Funding Source CSFA # Fund Amounts Alzheimer's Disease 2006- General Revenue 65004 $113,228.00 Initiative - Respite 2007 Services Alzheimer's Disease 2006- General Revenue 65004 $200.00 Initiative - CM, CA, 2007 TOTAL FUNDS CONTAINED IN THIS $113,428.00 AGREEMENT: III. Recipient and Agency Mutually Agree: A. Effective Date: 1. This agreement shall begin on July 1, 2006 or on the date the agreement has been signed by both parties, whichever is later. 2. This agreement shall end on August 1, 2007. B. Termination, Suspension, and /or Enforcement: The causes and remedies for suspension or termination of this agreement shall follow the same procedures as outlined in Section III.B. and Section III.C. of the Master Agreement. C. Recipient Responsibility: Notwithstanding the pass - through language contained in the Assignments and Subagreements clause of the Master Agreement, the recipient maintains responsibility for the performance of all subrecipients and vendors in accordance with all applicable federal and state laws. D. Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the grant manager for the department for this agreement is: Leigh Wade - Schield, Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 (239) 332 -4233 Fax (239) 332 -3596 2 Agenda Item No. 161D2 September 26,2006 July 2006 -2007 Agreement No. ADI 3 06F203.166f 15 2. The name, address, and telephone number of the representative of the recipient responsible for administration of the program under this agreement is: Marcy Krambine, Director Collier County Human Services 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8154 3. In the event different representatives are designated by either party after execution of this agreement, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this agreement. 4. The name (recipient name as shown on page 1 of this agreement) and mailing address of the official payee to whom the payment shall be made: Collier County Services for Seniors 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8154 3 July 2006 -2007 Agenda Item No. 16D2 September 26, 2006 Agreement No. ADI 30 "9g.00t 15 IN WITNESS THEREOF, the parties hereto have caused this 13 page agreement to be executed by their undersigned officials as duly authorized. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficie R ert N. Za ary Assistant County Attorney WITNESS: [Print Name] [Print Name Imy", . 1�7 t1" 063 as MUM. 111 :j FISCAL YEAR -END DATE: 9/30/06 COLLIER COUNTY HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, chairman Date: June 30, 2006 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. By: JOHN KOEHLER, Board President Date: June 30 2006 4 Agenda Item No. 16D2 September 26, 2006 July 2006 -2007 Agreement No. ADI 306?.66'f 15 ATTACHMENT I ALZHEIMER'S DISEASE INITIATIVE PROGRAM I. STATEMENT OF PURPOSE The Alzheimer's Disease Initiative (ADI) Program is focused on caring for persons 18 + years of age with memory disorders. U. SERVICES TO BE PROVIDED A. Services: 1. The recipient's service provider application for state fiscal years 2006 -2009, and any revisions thereto approved by the agency and located in the grant manager's file, are incorporated by reference in this agreement between the agency and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be dually enrolled in a Department of Elder Affairs' state general revenue funded program, including ADI, and any of the Medicaid capitated long -term care health plans or programs. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for state fiscal year 2006 -2009 and the Department of Elder Affairs Home and Community -Based Services Handbook. In the event the handbook is revised, such revision will automatically be incorporated into the agreement and the recipient will be given a copy of the revisions. III.METHOD OF PAYMENT A. The method of payment in this agreement is fixed rate for services. The recipient must ensure fixed rates include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. The recipient shall consolidate all requests for payment from subrecipients and expenditure reports that support requests for payment and shall submit to the department on forms 106Z (ATTACHMENT V) and 105Z (ATTACHMENT VI). B. The recipient shall maintain documentation to support payment requests which shall be available to the Department of Financial Services, the Department of Elder Affairs or the agency upon request (ATTACHMENT V). 5 July 2006 -2007 Agenda Item No. 161D2 September 26, 2006 Agreement No. ADI 306'AD.06)f 15 C. The recipient may request a monthly advance for administration and service costs for each of the first two months of the agreement period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed agreement, approved by the department, and maintained in the grant manager's file. All payment requests for the third through the twelfth months shall be based on the submission of actual monthly expenditure reports beginning with the first month of the agreement. The schedule for submission of advance requests is ATTACHMENT H to this agreement. Reconciliation and recouping of advances made under this agreement are to be completed and reflected on Report Number 5. All advance payments are subject to the availability of funds. D. Advance funds may be temporarily invested by the recipient in an insured interest bearing account. All interest earned on agreement fund advances must be returned to the agency within thirty (30) days of the end of the first quarter of the agreement period. E. Additional Reporting Conditions: 1. The recipient agrees to implement the distribution of funds as detailed in the area plan update and the Budget Summary, ATTACHMENT III to this agreement. Any changes in the amounts of the funds identified on the Budget Summary form require written confirmation by the agency. 2. This agreement is for services provided during the 2006/2007 State Fiscal year beginning July 1, 2006 through June 30, 2007. 3. The recipient shall submit any final requests for budget changes no later than July 05, 2007. 4. The final expenditure report and request for payment will be due to the agency no later than July 20, 2007. F. Any payment due by the agency under the terms of this agreement may be withheld pending the receipt and approval by the agency of complete and accurate financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.T. of the Master Agreement. :.1 July 2006 -2007 IV. SPECIAL PROVISIONS A. State Laws and Regulation: Agenda Item No. 161D2 September 26, 2006 Agreement No. ADI 306.66)t 15 The recipient agrees to comply with applicable parts of Rule Chapter 58D -1, Florida Administrative Code, promulgated for administration of Sections 430.501 through 430.504, Florida Statutes, and the Department of Elder Affairs Home and Community- Based Services Handbook. B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the agency to remove existing consumers from any services in order to serve new consumers being assessed and prioritized for service delivery. 1. Priority Criteria for Service Delivery: a) individuals in nursing homes under Medicaid who could be transferred to the community; b) individuals in nursing homes whose Medicare coverage is exhausted and may be diverted to the community; c) individuals in nursing homes that are closing and can be discharged to the community; or d) individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver, and institutional placement will occur within 72 hours. e) For the purpose of transitioning individuals receiving Community Care for Disabled Adults (CCDA) and Home Care for Disabled Adults (HCDA) services through the Department of Children and Families (DCF) Adult Services to community -based services provided through the department, when services are not currently available, the Lead Agency case manager shall ensure that "Aging Out' ' individuals are prioritized for services only after Adult Protective Services (APS) High Risk and Imminent Risk individuals. 2. Priority Criteria for Service Delivery for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Functional impairment shall be determined through the agency's consumer assessment form administered to each applicant. The most frail individuals not prioritized in Section N.B.1. above will receive services to the extent funding is available. 7 July 2006 -2007 C. Co- payment Collections: Agenda Item No, 16D2 September 26, 2006 Agreement No. ADI 306.109.06f 15 1. The agency with the recipient will establish annual co- payment goals. The agency also has the option to withhold a portion of the recipient's Request for Payment if goals are not met according to the agency's co- payment guidelines. 2. Co- payments include only the amounts assessed consumers or the amounts consumers opt to contribute in lieu of an assessed co- payment. The contribution must be equal to or greater than the assessed co- payment. D. Evaluation, Statistics, and Reports: The recipient agrees to respond to requests for evaluation information and statistical data concerning its consumers based on information requirements of the Memory Disorder Clinics and Brain Bank. The recipient will ensure Model Day Care Centers supported by this agreement develop innovative therapies and interventions which can be shared with other Alzheimer's Disease Initiative health and social services personnel via training. Model Day Care Centers supported by this agreement must report to the recipient all training activities provided to health care and social service personnel and caregivers, as well as serve as a natural laboratory for service related applied research by Memory Disorder Clinics. An annual Model Day Care Center Training Report, ATTACYE%ENT IV, is due by July 10, 2007. E. Collaboration with Memory Disorder Clinics: Memory Disorder Clinics are required to provide four hours of in- service training to all respite and model day care centers in their designated service areas. The recipient agrees to collaborate with Memory Disorder Clinics to assist in this effort. F. Service Cost Reports: The agency will require recipients to submit semi- annual service cost reports, which reflect actual costs of providing each service by program. Semi- annual service cost reports are due to the aLrency no later than February 15 and Aueust 15t". This report provides information for planning and negotiating unit rates. G. Additional Requirements: The recipient must notify the agency's LAN Administrator in writing on or before the date of all employee separations, when said employees have or have had access to any Information Technology resources provided by the Department of Elder Affairs, the Agency for Health Care Administration, the Department of Children and Families, the agency or any other related State of Florida government entity. July 2006 -2007 ATTACHMENT II Agenda Item No. 161D2 September 26, 2006 Agreement No. ADI 30.201h9f 15 ALZHEBIER'.S DISEASE. P TI'IATIVE (ADI) INVOICE SCHEDULE Submit to Agency Report On This Number Based On Date 1 July Advance* July 1 2 August Advance* July 1 3 July, Expenditure Report August 10 4 August Expenditure Report September 10 5 September Expenditure Report October 10 6 October Expenditure Report November 10 7 November Expenditure Report December 10 8 December Expenditure Report January 10 9 January Expenditure Report February 10 10 February Expenditure Report March 10 11 March Expenditure Report April 10 12 April Expenditure Report May 10 13 May Expenditure Report June 10 14 June Expenditure Report July 10 15 Final Expenditure and Closeout Report July 20 Legend:* Advance based on projected cash need. Note # 1: Report #I for Advance Basis Agreements cannot be submitted to the Area Agency on Aging for Southwest Florida, Inc. prior to July 1 or until the agreement with the agency has been executed. Actual submission of the vouchers to the Department of Elder Affairs is dependent on the accuracy of the expenditure report. Note # 2: The first three months of the recipient's fiscal reports (Report Numbers 3, 4 and 5) covering actual expenditures should reflect an adjustment repaying advances for the first two months of the agreement. Note # 3: Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report. Revised July 2006 -Form 1 6 July 2006 -2007 Agenda Item No. 16D2 September 26, 2006 Agreement No. AD1306a%Q3106of 15 rVIZU ALZHEIMER'S DISEASE INITIATIVE PROGRAM ANNUAL MODEL DAY CARE CENTER TRAINING REPORT Model Day Care Center Name: Print name of person completing report Signature of person completing report Date The purpose of the model day care program must be to provide service delivery to persons suffering from Alzheimer's disease or a related memory disorder and training for health care and social service personnel in the care of persons having Alzheimer's disease or related memory disorders. This report documents the required training for the State Fiscal Year July 1 st through June 30th. Actual Training Events Number Health Care Professionals Trained Number Social Services Personnel Trained Total People Trained Training Title: Date: Training summary: 11 Agenda Item No. 161D2 September 26, 2006 July 2006 / 2007 Agreement No. «Agree IttaVibti)of 15 ATTACHMENT V REQUEST FOR PAYMENT ALZHEENJER'S DISEASE INITIATIVE PROGRAM PROVIDER NAME, ADDRESS, PHONE# and FED ID# TYPE OF REPORT: THIS REQUEST PERIOD: FOR A. PAYMENT REQUEST: Regular . Supplemental REPORT# B. METHOD OF PAYMENT: CONTRACT# Advance PSA# CERTIFICATION: I hereby certify that this request or refund conforms with the terms of the above contract. Prepared By: Date: Approved By: Date PART A: BUDGET 1 (1) (2) (3) (4) (5) (6) TOTAL SUMMARY: Respite Model Day Memory Brain Bank Registry Care Disorder Clinic 1. Approved Contract Amount $ $ $ $ $ $ $ 2. Previous Funds Received For Contract Period 3. Contract Balance 4. Previous Funds Requested For Contract Period 5. Contract Balance PART B: CONTRACT FUNDS REQUEST: 1. Anticipated Cash Needs (1st -2nd Months) 2. Net Expenditures For Month (DOER Form 105Z, Part B Line 13) 3. Extraordinary Cash Needs (Attach Doc.) 4. Total PART C: NET FUNDS REQUESTED: 1. Less Advance Applied 2. Contract Funds Are Hereby Requested For (Part B Line 4 minus Par t C Line 1) DOEA FORM 106Z, DATED JAN 2001 Revised May 2006 12 July 2006 / 2007 Agenda Item No. 16D2 September 26,2006 Agreement No. < Agree N)apbevof 15 ATTACHMENT VI RECEIPTS AND EXPENDITURES A,I ZIM VIER'S DISEASE 110TIATIVE PROGRAM RECIPIENT NAME, ADDRESS, PHONE# and FEW PROGRAM FUNDING SOURCE: THIS REPORT PERIOOD: FROM T Respite Model Day Care Brain Bank Registry CONTRACT PERIOD Memory Disorder Clininc CONTRACT# REPORT# PSA# CERTIFICATION: I certify to the best of my Imowledge and belief that the report is complete and correct and all outlays herein are for purposes set forth in the contract. Prepared By: Date: Approved By: Date: PART A: BUDGETED INCOME/RECEIPTS 1. Approved 2. Actual 3. Total 4. Percent of Budget Receipts for Receipts Approved Budget This Report Year to Date 1. State Funds ................ ............................... $ $ $ $ $ % % 2. Program Income .......... ............................... $ $ $ $ ....Local Cash Match ........ ............................... $ $ _% % TJBTOTAL: CASH RECEIPTS ..................... $ $ 90 -xwA III -Kind Mat ch ..:.. ............................... $ $ 6. TOTAL RECEIPTS ....... ............................... $ $ $ PART B: EXPENDITURES 1. Approved 2. Expenditures for 3. Expenditures 4. Percent of Budget This Report Year to Date Approved Budget 1. Administrative Services . ............................... $ $ $ $ % % 2. Service Subcontractor ( s ) .............................. $ $ 3. TOTAL .................... ............................... $ $ $ % PART C: OTHER REVENUE AND EXPENDITURES H. Interest: III. Advance Recoupment: 1. Earned on GR Advance $ 1. Recoupment of Advance I. Program Income (Pn: 2. Rm. of OR Advance $ $ 1. ADI: PI Collected YTD $ 3. Other Earned $ INCLUDES CO- PAYMENTS COLLECTED) PART D: Co- Payments II. Total - Current Month, M. Total, - Year To Date I. Total Amount of Co- payments Assessed $ $ H. Total Amount of Co- payments Collected $ $ (FOR TRACKING PURPOSES ONLY) DOEA FORM 165, Dated May 2003 Revised May 2006 13 Agenda Item No. 16D2 September 26. 2006 Page 15 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D2 Item Summary: Recommendation to authorize the Cnairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. and approve budget amendments to reflect an overall increase of $7.722 in the Alzheimers Disease Initiative program. Meeting Date: 9/26 /2006 9:00:00 AM Prepared By Terri A. Daniels Grants Coordinator Date Public Services Human Services 9/1112006 1:36 :59 PM Approved By Marcy Krumbine Director Date Public Services Human Services 911212006 9:58 AM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 911212006 11:25 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9112/2006 2:32 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9/14121)06 3:00 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/15/2006 9:48 AM Approved By James Y. Mudd County Manager Date Board of County County Manager's Office 9!1512006 7:13 PM Commissioners Agenda Item No. 16D3 September 26, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award Bid # 06 -4020 for printing of the Collier County Parks and Recreation Department's Recreation Guide to Sunbelt, Inc. at an estimated cost of $75,000 Objective: To promote and market Parks and Recreation programs, events, and facilities. Considerations: The Parks and Recreation Department has the Recreation Guide printed three (3) times per year. The Recreation Guide provides infonnation that assists with promoting and marketing programs, special events, and facilities. On June 26, 2006, the Purchasing Department sent invitations to bid to twenty -four (24) vendors. Responses were received from Artype, Inc. and Central Florida Publishing. Staff has reviewed the bids and is recommending the bid be awarded to Central Florida Publishing, the lowest and most qualified bidder. Fiscal Impact: Funds are budgeted within Fiscal Year 2007 Parks and Recreation Department (001), the MSTD General Fund (I 11) operational budget, and Golden Gate Community Center (130). Total estimated annual expenditure is $75,000. Growth Management Impact: No growth management impact is associated with this action. Recommendation: That the Board of County Commissioners award Bid #06 -3856 for the printing of the Recreation Guide to Central Florida Publishing at an estimated cost of $75,000. Prepared by: Peg Ruby, Marketing Specialist, Parks & Recreation C-) CO c') f- z C,4 d5 to a) 010 =3 -0 OLZ Fn (D U) 0 0 � 0 E < .0 ci z Z O Z V W O C or;jj u (D (D a- .. CL (D O N O 0 Q) 0 O 0 0 cm n- (D C14 C) IT to C) CO • • CL LJ a- I A- 0 C) C) 0 C> C) 0 CD Cl C) u " C-4 LO r— rT M qr Z Z B CL C" lqr - CD CD CD c%4 toil 04 C) 04 C) 0 0 Cl In O C! O (D C) C) 0 (D 06 C 0 N 0 co C) C) C) Z rl- co co a) V9, 611). a) C w E (D .0 a) 0 0 a) • fn 0 L-- (1) co (n (n CL ca N E (CA -WO M -:5 0 0 = c)- CD E :m U, (V a) "a cn c: WmE�ow o o A2 " > a C) C=) (D C) C) c:) C) C) a—) 0 " (D C6 a Q) X- c:: C) C� C) 0 to C) Q) 0 CD Nr to U') cc ca E 0 E 0 -o E L 0 0 — -0 0 C 0 Q C o 0 An .0 co M C4 cn CY) (n a -0 C 2 Q mv) CL a-, < < cn 0 — to '0 Agenda Item No. 16D3 September 26, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D3 Item Summary: Recommendation to award Bid # 06.4020 for printing of the Collier County Parks and Recreation Departments Recreation Guide to Sunbelt, Inc. at an estimated cost of $75.000. Meeting Date: 9126!2006 9:00:00 AM Approved By Tona Nelson Senior Admin Assistant Date Public Services Parks and Recreation 9/1112006 8:38 AM Approved By Mary Ellen Donner Assistant Director Date Public Services Parks and Recreation 911112006 6:43 AM Approved By Raymond Carter Operations Manager Date Public Services Parks and Recreation 9111/2006 2:35 PM Approved By Barry Williams Director Date Public Services Parks and Recreation 9111/2006 6:23 PM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 911312006 10:41 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911412006 8:29 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9115!2006 1:04 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 9115/2006 2:50 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911512006 3:13 PM Approved By Steve Carrell Purchasing /General Svcs Director Date Administrative Services Purchasing 911912006 10:03 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911912006 1:43 PM Commissioners Agenda Item No. 16D4 September 26, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize additional revenue in the amount of $37,475 and approve a budget amendment to the Social Services Administration budget. OBJECTIVE: The execution of this budget amendment is necessary to recognize revenue received from the Community Development and Environmental Services Division through the Community Development Block Grant. CONSIDERATIONS: The Human Services and Housing and Grants departments have partnered to share an FTE that provides case management services, community outreach and support of the HUD continuum of Care (CoC) program in Immokalee. The position is funded through the general fund and grant funds are used to offset the expenses incurred, thereby reducing salary costs to the County. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: FY 06 budget in Social Services Administration (001) will increase by $37,475. No matching funds are required. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the budget amendment to recognize the revenue. Prepared by: Terri Daniels, Accounting Supervisor Agenda Item No. 16D4 September 26, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D4 Item Summary: Recommendation to recognize additional revenue in the amount of $37.475 and approve a budget amendment to the Social Services Administration budget. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Terri A. Daniels Grants Coordinator Date Public Services Human Services 9/12/2006 5:22:21 PM Approved By Marcy Krumbine Director Date Public Services Human Services 911212006 5:26 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 9/1312006 11:01 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management 8 Budget 9/1412006 6:35 AM Approved By Sherry Pryor Management 8 Budget Analyst Date County Manager's Office Office of Management & Budget 911412006 5:13 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911912006 5:19 PM Commissioners Agenda Item No. 16D5 September 26, 2006 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc. and approve budget amendments to reflect an overall increase of $83,159 in the Community Care for the Elderly program. OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: Collier County Services for Seniors has been providing in -home support services to Collier County's frail elderly for the past 32 years through the Community Care for the Elderly program. The total grant amount of $697,291 is for the period July 1, 2006 through June 30, 2007. Funding is available from the State of Florida grants and aids appropriation. Of the total grant award, $243,594 will be recognized as the direct funding portion of the County for case management, transportation and administration costs. The remaining $453,697 will be budgeted to pay the local in -home service providers. A total of $89,900 in local matching funds was approved in the FY 06 budget as a contribution from the General Fund (001) to Services for Seniors (123). Program Component Original Budget Revised Budget Net Change CCE Case Mgmt/Operations $204,523 $243,594 $39,071 CEE Spending Authority $409,609 $453,697 $44,088 Total $614,132 $113,428 $83,159 GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: FY06 budget in Services for Seniors fund (123) will increase by $83,159. No additional matching funds are required. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners Chairman sign the agreement and approve the necessary budget amendments to recognize the additional funding. Prepared by: Terri Daniels, Accounting Supervisor, Human Services Department Agenda Item No. 16D5 September 26, 2006 July 2006 / 2007 Agreement No. CCE 304?10.06f 15 STANDARD AGREEMENT AREA AGENCY ON AGING COMMUNITY CARE FOR THE ELDERLY Collier County Services for Seniors THIS AGREEMENT is entered into between the Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the "agency ", and the Collier County Services for Seniors, hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the agency and the recipient, Agreement No. HM004, and its successor, incorporated herein by reference. The parties agree: I. Recipient Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in ATTACHWNT I of this agreement. B. Final Request for Adjustments and Payment: 1. Final requests for budget revisions or adjustments to contract funds based on expenditures for services provided through June 30, 2007 must be submitted to the Agency grant manager by July 5, 20074 2. The final request for payment invoice must be submitted by July 20, 2007. II. The Agency Agrees: A. Agreement Amount: To pay for services according to the conditions of ATTACHMENT I in an amount not to exceed $697,291.00, subject to the availability of funds. B. Obligation to Pay: The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. C. Source of Funds: The costs of services paid under any other agreement or from any other source are not eligible for reimbursement under this agreement. The funds awarded to the recipient pursuant to this agreement are in the state grants and aids appropriations and consist of the following: July 2006 / 2007 Agenda Item No. 16D5 September 26, 2006 Agreement No. CCE 304'209.0 &f 15 Services Year Total Rate/Reimbursement Rate Case Management Fund Amounts $50.51/$45.45 Case Aide 2006 -2007 $26.34/$23.70 Transportation Elderly - Lead Agency 90% Cost Reimb. Program Title Year Funding Source CSFA # Fund Amounts Community Care for the 2006 - General Revenue/Tobacco 65010 $104,594.00 Elderly - Lead Agency 2007 Settlement Trust Funds Allocation Community Care for the 2006- General Revenue/Tobacco 65010 $139,000.00 Elderly - CM, CA, 2007 Settlement Trust Funds Intake Allocation Community Care for the 2006- General Revenue/Tobacco 65010 $453,697.00 Elderly - Spending 2007 Settlement Trust Funds Authority TOTAL FUNDS CONTAINED IN THIS $697,291.00 AGREEMENT: NOTE: Transportation and Home Delivered Meals will not be allocated separately; they are included in the spending authority. III. Recipient and Agency Mutually Agree: A. Effective Date: 1. This agreement shall begin on July 1, 2006 or on the date the agreement has been signed by both parties, whichever is later. 2. This agreement shall end on August 1, 2007. B. Termination, Suspension, and/or Enforcement: The causes and remedies for suspension or termination of this agreement shall follow the same procedures as outlined in Section III.B. and Section III.C. of the Master Agreement. C. Recipient Responsibility: Notwithstanding the pass - through language contained in the Assignments and Subagreements clause of the Master Agreement, the recipient maintains responsibility for the performance of all subrecipients and vendors in accordance with all applicable federal and state laws. D. Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the grant manager for the agency for this agreement is: 2 July 2006 / 2007 Agenda Item No. 16D5 September 26, 2006 Agreement No. CCE 304.Wf 15 Leigh Wade - Schield, Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 (239) 332 -4233 Fax (239) 332 -3596 2. The name, address, and telephone number of the representative of the recipient responsible for administration of the program under this agreement is: Marcy Krumbine, Director Collier County Human Services 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8154 3. In the event different representatives are designated by either party after execution of this agreement, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this agreement. 4. The name (recipient name as shown on page 1 of this agreement) and mailing address of the official payee to whom the payment shall be made: Collier County Services for Seniors 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8154 3 July 2006 / 2007 Agenda Item No. 16Q5 September 26, 2006 Agreement No. CCE 304209.h6`f 15 IN WITNESS THEREOF, the parties hereto have caused this 13 page agreement to be executed by their undersigned officials as duly authorized. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficie Robert N. ch Assistant County Attorney WITNESS: [Print Name [Print Name FEDERAL ID NUMBER: 59- 6000558 FISCAL YEAR -END DATE: 09/30/06 COLLIER COUNTY HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, Chairman Date: June 30, 2006 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. By: JOHN KOEHLER, Board President Date: June 30, 2006 4 Agenda Item No. 16D5 September 26, 2006 July 2006 / 2007 Agreement No. CCE 304:12$8.06f 15 ATTACHMENT I COMMUNITY CARE FOR THE ELDERLY PROGRAM I. STATEMENT OF PURPOSE The Community Care for the Elderly (CCE) Program provides community -based services organized in a continuum of care to assist aged 60 + elders at risk of nursing home placement to live in the least restrictive environment suitable to their needs. II. SERVICES TO BE PROVIDED A. Services: 1. The recipient's service provider application for state fiscal years 2006 -2009, and any revisions thereto approved by the agency and located in the grant manager's file, are incorporated by reference in this agreement between the agency and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be dually enrolled in a Department of Elder Affairs' state general revenue funded program, including CCE, and any of the Medicaid capitated long- term care health plans or programs. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for state fiscal years 2006 -2009 and the Department of Elder Affairs Home and Community -Based Services Handbook. In the event the handbook is revised, such revision will automatically be incorporated into the agreement and the recipient will be given a copy of the revisions. III. METHOD OF PAYMENT A. The method of payment in this agreement includes advances, cost reimbursement for administration costs, and fixed rate for services. The recipient must ensure fixed rates for services include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. The recipient shall consolidate all requests for payment from subrecipients and expenditure reports that support requests for payment and shall submit to the agency on forms 106C (ATTACHMENT M and 105C (ATTACHMENT V). 5 July 2006 / 2007 Agenda Item No. 161D5 September 26, 2006 Agreement No. CCE 304'205. -06f 15 B. The recipient shall maintain.documentation to support payment requests which shall be available to the Department of Financial Services, the Department of Elder Affairs or the agency upon request (ATTACHMENT V). C. The recipient may request a monthly advance for administration and CCE services for each of the first two months of the agreement period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed agreement, approved by the agency, and maintained in the grant manager's file. All payment requests for the third through the twelfth months shall be based on the submission of actual monthly expenditure reports beginning with the first month of the agreement. The schedule for submission of advance requests is ATTACHMENT II to this agreement. Reconciliation and recouping of advances made under this agreement are to be completed and reflected on Report Number 5. All advance payments are subject to the availability of funds. D. Advance funds may be temporarily invested by the recipient in an insured interest bearing account. All interest earned on agreement fund advances must be returned to the agency within thirty (3 0) days of the end of the first quarter of the agreement period. E. Additional Reporting Conditions: 1. The recipient agrees to implement the distribution of funds as detailed in the service provider application and the Budget Summary, ATTACHMENT III to this agreement. Any changes in the total amounts of the funds identified on the Budget Summary form require written confirmation by the agency. 2. The final request for payment will be due to the agency no later than July 20, 2007. F. Any payment due by the agency under the terms of this agreement may be withheld pending the receipt and approval by the agency of complete and accurate financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.P. of the Master Agreement. IV. SPECIAL PROVISIONS A. State Laws and Regulation: 1. The recipient agrees to comply with applicable parts of Rule Chapter 58C -1, Florida Administrative Code, promulgated for administration of Sections 430.201 through 430.207, Florida Statutes, and the Department of Elder Affairs Home and Community -Based Services Handbook. 2. The recipient agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. 2 Agenda Item No. 161D5 September 26, 2006 July 2006 / 2007 Agreement No. CCE 304'205.?SOf 15 B. Assessment and Prioritization for Service Delivery for New Consumers: The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the agency to remove existing consumers from any services in order to serve new consumers being assessed and prioritized for service delivery. 1. Abuse, Neglect and Exploitation: The recipient will ensure that pursuant to Section 430.205(5), Florida Statutes, those elderly persons who are determined by adult protective services to be victims of abuse, neglect, or exploitation who are in need of immediate services to prevent further harm and are referred by adult protective services, will be given primary consideration for receiving Community Care for the Elderly Services. As used in this subsection, "primary consideration" means that an assessment and services must commence within 72 hours after referral to the agency or as established in accordance with agency agreements by local protocols developed between agency service recipients and adult protective services. 2. Priority Criteria for Individuals in Nursing Homes in Receivership: The recipient will ensure that pursuant to Section 400.126 (12), Florida Statutes, those elderly persons determined, through a CARES assessment, to be a resident who could be cared for in a less restrictive setting or who do not meet the criteria for skilled or intermediate care in a nursing home, will be referred for such care, as appropriate for the resident. Residents referred pursuant to this subsection shall be given primary consideration for receiving services under the Community Care for the Elderly program in a manner as persons classified to receive such services pursuant to Section 430.205, Florida Statutes. 3. Priority Criteria for Service Delivery: a. individuals in nursing homes under Medicaid who could be transferred to the community; b. individuals in nursing homes whose Medicare coverage is exhausted and may be diverted to the community; c. individuals in nursing homes that are closing and can be discharged to the community; or d. individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver, and institutional placement will occur within 72 hours. 7 July 2006 / 2007 Agenda Item No. 161D5 September 26, 2006 Agreement No. CCE 304'.2006f 15 e. For the purpose of transitioning individuals receiving Community Care for Disabled Adults (CCDA) and Home Care for Disabled Adults (HCDA) services through the Department of Children and Families (DCF) Adult Services to community -based services provided through the agency, when services are not currently available, the Lead Agency case manager shall ensure that "Aging Out" individuals are prioritized for services only after Adult Protective Services (APS) High Risk and Imminent Risk individuals. 4. Priority Criteria for Service Delivery for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Service priority for individuals not included in groups one, two or three above, regardless of referral source, shall be determined through the agency's consumer assessment form administered to each applicant, to the extent funding is available. First priority will be given to applicants at the higher levels of frailty and risk of nursing home placement. For individuals assessed at the same priority and risk of nursing home placement, priority will be given to applicants with the lesser ability to pay for services. 5. Referrals for Medicaid Waiver Services: a.. The recipient must require subrecipients, through the consumer assessment, to identify potential Medicaid eligible CCE consumers and to refer these individuals for application for Medicaid Waiver services. b. Individuals who have been identified as being potentially Medicaid Waiver eligible are required to apply for Medicaid Waiver services in order to receive CCE services and can only receive CCE services while the Medicaid Waiver eligibility determination is pending. If the consumer is found ineligible for Medicaid Waiver services for any reason other than failure to provide required documentation, they may continue to receive CCE services. c. Individuals who have been identified as being potentially Medicaid Waiver eligible must be advised of their responsibility to apply for Medicaid Waiver services as a condition of receiving CCE services while the eligibility determination is being processed. C. Co- payment Collections: 1. The agency with the recipient will establish annual co- payment goals. The agency also has the option to withhold a portion of the recipient's Request for Payment if goals are not met according to the Department of Elder Affairs' co- payment guidelines. H., July 2006 / 2007 Agenda Item No. 161D5 September 26, 2006 Agreement No. CCE 30tM ftf 15 2. Co- payments include only the amounts assessed consumers or the amounts consumers opt to contribute in lieu of an assessed co- payment. The contribution must be equal to or greater than the assessed co- payment. 3. Co- payments collected in the CCE program can be used as part of the local match. D. Match: The recipient will assure a match requirement of at least 10 percent of the cost for all Community Care for the Elderly services. The match will be made in the form of cash and/or in -kind resources. At the end of the agreement period, all Community Care for the Elderly funds expended must be properly matched. E. Service Cost Reports: The agency will require recipients to submit semi - annual service cost reports which reflect actual costs of providing each service by program. Semi - annual service cast ,.,...,.,.�a Aria +it tha aoPnev nn Inter than Fehruary IiI and August W4. This report provides information for planning and negotiating unit rates. F. Additional Requirements: The recipient must notify the agency's LAN Administrator in writing on or before the date of all employee separations, when said employees have or have had access to any Information Technology resources provided by the Department of Elder Affairs, the Agency for Health Care Administration, the Department of Children and Families, the agency or any other related State of Florida government entity. E Agenda Item No. 161D5 September 26, 2006 July 2006 / 2007 Agreement No. CCE 3"31.06f 15 COMMUNITY CARE FOR THE ELDERLY INVOICE SCHEDULE &I V —MIX-4 a 13 k 11 Submit to Agency Report On This Number Based On Date 1 July Advance* July 1 2 August Advance* July 1 3 July Expenditure Report August 10 4 August Expenditure Report September 10 5 September Expenditure Report October 10 6 October Expenditure Report November 10 7 November Expenditure Report December 10 8 December Expenditure Report January 10 9 January Expenditure Report February 10 10 February Expenditure Report March 10 11 March Expenditure Report April 10 12 April Expenditure Report May 10 13 May Expenditure Report June 10 14 June Expenditure Report July 10 15 Final Expenditure and Closeout Report July 20 Legend: * Advance based on projected cash need. Note # 1: Report #1 for Advance Basis Agreements cannot be submitted to the Area Agency on Aging for Southwest Florida, Inc. prior to July 1 or until the agreement with the agency has been executed. Actual submission of the vouchers to DOEA is dependent on the accuracy of the expenditure report. Note # 2: The first three months of the recipient's fiscal reports (Report Numbers 3,4, and 5) covering actual expenditures should reflect an adjustment repaying advances for the first two months of the agreement. Note #3: Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report. Revised May 2006 10 Agenda Item No. 161D5 September 26, 2006 July 2006 / 2007 Agreement No. CCE 3ft203106f 15 ATTACHMENT III COMMUNITY CARE FOR THE ELDERLY PROGRAM BUDGET SUMMARY 1. CCE Spending Authority $453,697.00 2. Lead Agency Services — CM, CA, Intake $139,000.00 3. Lead Agency Administration $104,594.00 4. Total $ 697,291.00 11 July 2006 / 2007 Agenda Item No. 16Q5 September 26; 2006 Agreement No. CCE 304.203.06 Page 13 of 15 REQUEST FOR PAYMENT COMMUNITY CARE FOR THE ELDERLY ATTACHMENT F RECIPIENT NAME, ADDRESS, PHONE# and FEID# TYPE OF REPORT: THIS REQUEST PERIOD: FOR A. PAYMENT REQUEST: Regular Supplemental REPORT# B. METHOD OF PAYMENT: CONTRACT# Advance PSA# CERTIFICATION: I hereby certify that this request or refund conforms with the terms of the above contract Prepared By: Date: Approved By: Date PART A: BUDGET SUMMARY: (1) CCE Admin. (2) CCE Svcs. (3) Sr. Comp. (4) Sr. Comp. (5) Other (6) TOTAL Gen. Rev. Federal 1. Approved Contract Amount S S S S $ $ S 2. Previous Funds Received For Contract Period 3. Contract Balance 4. Previous Funds Requested For Contract Period 5. Contract Balance PART B: CONTRACT FUNDS REQUEST: 1. Anticipated Cash Needs (1st -2nd Months) 2. Net Expenditures For Month (DOEA Form 105C, Part B Line 13) 3. Extraordinary Cash Needs (Attach Doc.) 4. Total PART C: NET FUNDS REQUESTED: 1. Less Advance Applied 2. Contract Funds Are hereby Requested For (Part B Line 4 minus Part C Line 1) DOEA FORM 106C, Dated May 2006 WCONTRACTS\CONTRACTS & AMENDMENTSXCCEN2005 -2006 CCE \CCE TEMPLATE 2.2.05.DOC 12 July 2006 / 2007 Agenda Item No. 16D5 September 26, 2006 Agreement No. CCE 304.203.06 Page 14 of 15 RECEIPTS AND EXPENDITURES COMMiTNITY CARE FOR THE ELDERLY ATTACHMENT V RECIPIENT NAME, ADDRESS, PHONE# PROGRAM FUNDING SOURCE: THIS REPORT PERIOD: FROM TO CCE Admin CCE Svcs SR. COMP.-GR SR.COMP: FED. CONTRACT PERIOD CONTRACT# REPORT# PSA# CERTIFICATION: I certify to the best of my knowledge and belief that the report is complete and correct and all outlays herein are for purposes set forth in the contract. Prepared By: Date: Approved By: Date: PART A: BUDGETED INCOME/RECEIPTS 1. Approved 2. Actual 3. Total 4. Percent of Budget Receipts for Receipts Approved Budget This Report Year to Date 1. Federal Funds ............ ............................... S S $ $ $ —% 2. State Funds ................ ............................... S S $ S _% 3. Program Income ......... .. .... ... .............. ....... S $ $ _% % 4. Local Cash Match ....... .............. ............... S $ J 5. SUBTOTAL: CASH RECEIPTS.-.......... S —% 6. Local In -Kind Match.... . .............................. S S S % TOTAL RECEIPTS ..» ... ............................... S $ $ __% PART B: EXPENDITURES* 1. Approved 2. Expenditures for 3. Expenditures 4. Percent of Budget This Report Year to Date Approved Budget 1. Administrative Services ..... _ .......... ............. S S S _`/° 2. Service Subcontractor ( s)...... ....................... S S S % 3. TOTAL.......» ................. ............................... S S S % PART C: Other Expenditures (For Tracking Purposes Only) e /u a. Total Local Match ............. _........... PART D: OTHER REVENUE AND EXPENDITURES II. Interest: III. Advance Recoupment: I. Program Income (PI): 1. Earned on GR Advance S 1. Recoupment of Advance S 1. CCE: PI Collected YTD $ 2. Rtn. of GR Advance S (INCLUDES FEES COLLECTED) 3. Other Earned $ PART E: Co- payments U. Total -Current Month III. Total - Year To Date L Total Amount of Co- payments Assessed S S U. Total Amount of Co- payments Collected S S (FOR TRACKING PURPOSES ONLY) *Expenditures of State Funds only - no local resources or program income. —SEA FORM 105C, REV. MAY 2006 13 Agenda Item No, 16D5 September 26, 2006 Page 15 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1605 Item Summary: Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc, and approve budget amendments to reflect an overall increase of $83,159 in the Community Care for the Elderly program. Meeting Date: 9126112006 9:00:00 AM Prepared By Terri A. Daniels Grants Coordinator Date Public Services Human Services 9/1112006 1:37:16 PM Approved By Marcy Krumbine Director Date Public Services Human Services 911212006 10:40 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 9113/2006 11:21 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 91412006 8:22 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 911412006 5:11 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9115/2006 9:50 AM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 9/15/2006 4:35 PM Agenda Item No. 16D6 September 26, 2006 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. for the Home Care for the Elderly grant in the amount of $104,787 and approve the budget amendment. OBJECTIVE: The execution of this contract and budget amendment is necessary for uninterrupted support services to Services for Seniors' frail, elderly clients. CONSIDERATIONS: This continuation grant in the amount of $104,787 for the period July 1, 2006 through June 30, 2007 will provide in -home support services through the encouragement and management of family -type living arrangements in private homes as an alternative to costly and permanent nursing home care. The final agreement has been received and a budget amendment has been prepared to reflect the actual allocation stated in the contract. The total grant amount of $104,787 is funded from the State of Florida grants and aids appropriation. Of the total grant award, $7,099 will be recognized as the direct funding portion to the County for case management. The remaining $97,688 will be retained by the grantor agency to pay for direct services authorized by Collier County Services for Seniors. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: A continuation budget request was previously approved and budgeted in the amount of $6,594. Approving this budget amendment will increase the Services for Seniors Home Care for the Elderly funding by $505 for FY 06. This grant requires no local matching funds. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners Chairman sign the agreement and approve the necessary budget amendment. Prepared by: Terri Daniels, Accounting Supervisor, Human Services Department Agenda Item No. 16D6 September 26, 2006 July 2006 -2007 Agreement No. HCE 315/31 13 STANDARD AGREEMENT AREA AGENCY ON AGING HOME CARE FOR THE ELDERLY Collier County Services for Seniors THIS AGREEMENT is entered into between the Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the "agency ", and the Collier County Services for Seniors, hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in the MASTER AGREEMENT executed between the agency and the recipient, Agreement No. HM004, and its successor, incorporated herein by reference. The parties agree: I. Recipient Agrees: A. Services to be Provided: To plan, develop, and accomplish the services delineated, or otherwise cause the planning, development, and accomplishment of such services and activities, under the conditions specified and in the manner prescribed in ATTACHMENT I of this agreement. B. Final Request for Adjustments and Payment: 1. Final requests for budget revisions or adjustments to contract funds based on expenditures for services provided through June 30, 2007 must be submitted to the agency grant manager by July 05, 2007. 2. The final request for payment invoice must be submitted by July 25, 2007. H. The Agency Agrees: A. Agreement Amount: To pay for services according to the conditions of ATTACHMENT I in an amount not to exceed $104,787.00, subject to the availability of funds. B. Obligation to Pay: The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. C. Source of Funds: The costs of services paid under any other agreement or from any other source are not eligible for reimbursement under this agreement. The funds awarded to the recipient pursuant to this agreement are in the state grants and aids appropriations and consist of the following: July 2006 -2007 Agenda Item No. 161D6 September 26, 2006 Agreement No. HCE 315/31 EaWdg 13 Services Year Reimbursement Rate Case Management 2006 -2007 $50.51 Program Title Year Funding Source CSFA # Fund Amounts Home Care for the 2006- General Revenue 65001 $97,688.00 Elderly- Subsidies 2007 Home Care for the 2006- General Revenue 65001 $7,099.00 Elderly -Case Management 2007 TOTAL FUNDS CONTAINED IN THIS $104,787.00 AGREEMENT: III. Recipient and Agency Mutually Agree: A. Effective Date: 1. This agreement shall begin on July 1, 2006 or on the date the agreement has been signed by both parties, whichever is later. 2. This agreement shall end on August 1, 2007. B. Termination, Suspension, and/or Enforcement: The causes and remedies for suspension or termination of this agreement shall follow the same procedures as outlined in Section HI.B. and Section IH.C. of the Master Agreement. C. Recipient Responsibility: Notwithstanding the pass - through language contained in the Assignments and Subagreements clause of the Master Agreement, the recipient maintains responsibility for the performance of all subrecipients and vendors in accordance with all applicable federal and state Iaws. D. Notice, Contact, and Payee Information: 1. The name, address, and telephone number of the grant manager for the agency for this agreement is: Leigh Wade - Schield, Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 (239) 332 -4233 Fax (239) 332 -3596 2. The name, address, and telephone number of the representative of the recipient responsible for administration of the program under this agreement is: 2 Agenda Item No. 16D6 September 26, 2006 July 2006 -2007 Agreement No. HCE 315/31 E9 13 Marcy Krumbine, Director Collier County Services for Seniors 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8154 3. In the event different representatives are designated by either party after execution of this agreement, notice of the name and address of the new representative will be rendered in writing to the other parry and said notification attached to originals of this agreement. 4. The name (recipient name as shown on page 1 of this agreement) and mailing address of the official payee to whom the payment shall be made: Collier County Services for Seniors 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8154 IN WITNESS THEREOF, the parties hereto have caused this 11 page agreement to be executed by their undersigned officials as duly authorized. ATTEST: DWIGHT E. BROCK, Clerk in Deputy Clerk Approved as to form and legal su Robert N.Zacha Assistant County Attorney 1./ [Print Name [Print Name COLLIER COUNTY HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, Chairman Date: June 30, 2006 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. By: JOHN KOEHLER, Board President Date: June 30 2006 FISCAL YEAR -END DATE: 09/30/06 FEDERAL ID NUMBER: 59- 60000558 3 Agenda Item No. 16D6 September 26, 2006 July 2006 -2007 Agreement No. HCE 315/319..3 -W 13 ATTACHMENT I HOME CARE FOR THE ELDERLY PROGRAM I. STATEMENT OF PURPOSE The Home Care for the Elderly (HCE) Program encourages the provision of care in family - type living arrangements in private homes on a not - for -profit basis as an alternative to nursing home or other institutional care. II. SERVICES TO BE PROVIDED A. Services: 1. The recipient's service provider application for state fiscal years 2006 -2009, and any revisions thereto approved by the agency and located in the grant manager's file, are incorporated by reference in this agreement between the agency and the recipient, and prescribe the services to be rendered by the recipient. 2. Consumers may not be dually enrolled in a Department of Elder Affairs' state general revenue funded program, including HCE, and any of the Medicaid capitated long term care health plans or programs. B. Manner of Service Provision: The services will be provided in a manner consistent with and described in the recipient's service provider application for state fiscal years 2006 -2009 and the Department of Elder Affairs Home and Community -Based Services Handbook. In the event the handbook is revised, such revision will automatically be incorporated into the agreement and the recipient will be given a copy of the revisions. III.METHOD OF PAYMENT A. The method of payment in this agreement includes advances, cost reimbursement for administration costs, payment for subsidies, and fixed rate for case management services. The recipient must ensure fixed rates include only those costs that are in accordance with all applicable state and federal statutes and regulations and are based on audited historical costs in instances where an independent audit is required. The recipient shall consolidate all requests for payment from subrecipients and expenditure reports that support requests for payment and shall submit to the agency on forms 106H (ATTACHMENT IV) and 105H (ATTACHMENT V). B. The recipient shall maintain documentation to support payment requests which shall be available to the Department of Financial Services, the Department of Elder Affairs or the agency upon request (ATTACHMENT V). 4 July 2006 -2007 Agenda Item No. 16D6 September 26, 2006 Agreement No. HCE 315/31 gM3W 13 C. The recipient may request a monthly advance for service costs for each of the first three months of the agreement period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be submitted with the signed agreement, approved by the agency, and maintained in the grant manager's file. All payment requests for the fourth through the twelfth months shall be based on the submission of actual monthly expenditure reports beginning with the first month of the agreement. The schedule for submission of advance requests is ATTACHMENT II to this agreement. Reconciliation and recouping of advances made under this agreement are to be completed and reflected on Report Number 7. All advance payments are subject to the availability of funds. D. Advance funds may be temporarily invested by the recipient in an insured interest bearing account. All interest earned on agreement fund advances must be returned to the agency within thirty (30) days of the end of the first quarter of the agreement period. E. Additional Reporting Conditions: 1. The recipient agrees to implement the distribution of funds as detailed in the service provider application and the Budget Summary, ATTACHMENT III to this agreement. Any changes moving funds between budget categories that do not exceed the total agreement amount require written confirmation by the agency. Changes to budget categories that change the total agreement amount require a formal amendment. 2. The final request for payment will be due to the agency no later than July 25, 2007. F. Any payment due by the agency under the terms of this agreement may be withheld pending the receipt and approval by the agency of complete and accurate financial and programmatic reports due from the recipient and any adjustments thereto, including any disallowance not resolved as outlined in Section I.P. of the Master Agreement. IV. SPECIAL PROVISIONS A. State Laws and Regulation: 1. The recipient agrees to comply with applicable parts of Rule Chapter 58H -1, Florida Administrative Code, promulgated for administration of Sections 430.601 through 430.608, Florida Statutes, and the Department of Elder Affairs Home and Community -Based Services Handbook. 2. The recipient agrees to comply with the provisions of Sections 97.021 and 97.058, Florida Statutes, and all rules related thereto in the Florida Administrative Code. 5 July 2006 -2007 Agenda Item No. 161D6 September 26, 2006 Agreement No. HCE 315/31 �..03T0'# 13 B. Assessment and Prioritization for Service Delivery for New Consumers The following are the criteria to prioritize new consumers for service delivery. It is not the intent of the agency to remove existing consumers from any services in order to serve new consumers being assessed and prioritized for service delivery. 1. Priority Criteria for Service Delivery: a. individuals in nursing homes under Medicaid who could be transferred to the community; b. individuals in nursing homes whose Medicare coverage is exhausted and may be diverted to the community; c. individuals in nursing homes that are closing and can be discharged to the community; or d. individuals whose mental or physical health condition has deteriorated to the degree self care is not possible, there is no capable caregiver, and institutional placement will occur within 72 hours. e. For the purpose of transitioning individuals receiving Community Care for Disabled Adults (CCDA) and Home Care for Disabled Adults (HCDA) services through the Department of Children and Families (DCF) Adult Services to community -based services provided through the agency, when services are not currently available, the Lead Agency case manager shall ensure that "Aging Out" individuals are prioritized for services only after Adult Protective Services (APS) High Risk and Imminent Risk individuals. 2. Priority Criteria for Service Delivery for Other Assessed Individuals: The assessment and provision of services should always consider the most cost effective means of service delivery. Functional impairment shall be determined through the agency's consumer assessment form administered to each applicant. The most frail individuals not prioritized in Section 1V.B.1. above will receive services to the extent funding is available. C. Client Information, Registration and Tracking System (CIRTS) 1. The recipient will ensure the collection and maintenance of Home Care for the Elderly (HCE) subsidies and case management information on a monthly basis from the Client Information, Registration and Tracking System (CIRTS). Maintenance includes valid exports and backups of all data and systems according to agency standards. N July 2006 -2007 Agenda Item No. 16D6 September 26, 2006 Agreement No. HCE 315/31 e. .809f 13 2. The recipient must ensure all data for HCE subsidies are entered in the CIRTS by the 15th of each month. HCE subsidy data entered into the CIRTS by the 15th of the month will be for payments incurred between the 16th of the previous month and the 15th of the current month. Case management data entered into the CIRTS by the 15th of the month will be for units of service provided during the previous month from the 16th and up to and including the 15th of the current month or case management units of service may be entered according to the recipient schedule, in aggregate on the 31 st or daily, weekly or monthly. 3. The recipient will ensure data entry for HCE subsidies will cease on the 15th of the month and the CIRTS Monthly Service Utilization Report, by consumer and by worker identification is generated. 4. The recipient will ensure the Monthly Utilization Report, by consumer and by worker identification is verified, corrected, certified no later than the 25th of the month in which the report is generated. 5. The recipient will ensure caregivers determined eligible for the HCE basic subsidy after the 15th of a month, will be processed to begin eligibility for the HCE basic subsidy on the 1 st day of the next month. D. Additional Requirements: The recipient must notify the agency's LAN Administrator in writing on or before the date of all employee separations, when said employees have or have had access to any Information Technology resources provided by the Department of Elder Affairs, the Agency for Health Care Administration, the Department of Children and Families, the agency or any other related State of Florida government entity. 7 Agenda Item No. 16D6 September 26, 2006 July 2006 -2007 Agreement No. HCE 315/3 1 9.MW. 13 HOME CARE FOR THE ELDERLY INVOICE REPORT SCHEDULE ATTACHMENT II Submit to Agency Report On This Number Based On Date 1 July Advance* July 1 2 August Advance* July 1 3 September Advance* August 1 4 July Expenditure Report August 20 5 August Expenditure Report September 20 6 September Expenditure Report October 20 7 October Expenditure Report November 20 8 November Expenditure Report December 20 9 December Expenditure Report January 20 10 January Expenditure Report February 20 11 February Expenditure Report March 20 12 March Expenditure Report April 20 13 April Expenditure Report May 20 14 May Expenditure Report June 20 15 June Expenditure Report July 20 16 Final Expenditure and Closeout Report July 25 Legend: * Advance based on projected cash need. Note # 1: Report 41 for Advance Basis Agreements cannot be submitted to the Area Agency on Aging for Southwest Florida, Inc. prior to July 1 or until the agreement with the agency has been executed. Actual submission of the vouchers to the Department of Elder Affairs is dependent on the accuracy of the expenditure report. Note #2: The first four months of the recipient's fiscal reports (Report Numbers 4,5,6 and 7) covering actual expenditures should reflect an adjustment repaying advances for the first three months of the agreement. Note #3: Submission of expenditure reports may or may not generate a payment request. If final expenditure report reflects funds due back to the agency, payment is to accompany the report. Revised May 2006 8 July 2006 -2007 Agenda Item No. 16D6 September 26, 2006 Agreement No. HCE 315/3 f(MIM 13 HOME CARE FOR THE ELDERLY PROGRAM BUDGET SUMMARY 1. HCE Subsidies 2. HCE Case Management 3. Total 6 $ 97,688.00 $ 7,099.00 $104,787.00 ATTACHMENT III Agenda item No. 16D6 September 26, 2006 July 2006 -2007 Agreement No. HCE 315/316.203.06 Page 11 of 13 ATTACHMENT I REQUEST FOR PAYMENT HOME CARE FOR THE ELDERLY PROGRAM RECIPIENT NAME, ADDRESS, PHONE# and FEID# TYPE OF REPORT: THIS REQUEST PERIOD: FOR A. PAYMENT REQUEST: Regular Supplemental REPORT# B. METHOD OF PAYMENT: CONTRACT# Advance PSA# CERi1FICATION: I hereby certify that this request or refund conforms with the terms of the above contract. Prepared By: Date: Approved By:_ Date PARTA: BUDGET (1) (2) (3) TOTAL SUMMARY: AAA Admin Case Subsidies Mgmt. 1. Approved Contract Amount $ $ $ $ $ 2, Previous Funds Received For Contract Period 3. Contract Balance 4. Previous Funds Requested For Contract Period 5. Contract Balance PART B: CONTRACT FUNDS REQUEST: 1. Anticipated Cash Needs (1st, 2nd, & 3rd months) 2. Net Expenditures For Month (DOEA Form 105H, Part B Line 12) 3. Extraordinary Cash Needs (Attach Doc.) 4. Total PART C: NET FUNDS REQUESTED: 1. Less Advance Applied 2. Contract Funds Are Hereby Requested For (Part B Line 4 minus Part C Line 1) DOEA FORM 106H, Revised May 2006 MACONTRACTSWONTRACTS & AMENDMENTSIHCE12005 -06 HCEIHCE TEMPLATE 2.2.05.DOC 10 Agenda Item No. 161D6 September 26, 2006 July 2006 -2007 Agreement No. HCE 315/316.203.06 Page 12 of 13 ATTACHMENT V RECEIPTS AND EXPENDITURES HOME CARE FOR THE ELDERLY PROGRAM RECIPIENT NAME, ADDRESS, PHONE# and FEID# PROGRAM FUNDING SOURCE: THIS REPORT PERIOOD: FRO AAA Admin. : CONTRACT Case Management: PERIOD Subsidies: CONTRACT# Basic: Special: REPORT# PSA# CERTIFICATION: 1 certify to the best of my knowledge and belief that the report Is complete and correct and all outlays herein are for purposes set forth In the contract. Prepared By: Date: Approved By: Date: PART A: BUDGETED INCOME/RECEIPTS 1. Approved 2, Actual 3. Total 4 Percent of Budget Receipts for Receipts Approved This Report Year to Date Budget 1. State Funds ................ ............................... $ $ $ ._% 2. TOTAL RECEIPTS ....... ............................... $ $ $ —% 4RT B: EXPENDITURES 1. Approved Budget 2. Expenditures For This Report 3. Expenditures Year to Date 4. Percent of Approved Budget 1. AAA Program Administration ...................... $ $ $ $ $ —% 2. Service Subcontractor: Case Management... $ $ 3. Service Subcontractor (s) - Subsidy Pmt. $ $ $ —% 3a. Basic Subsidy .......................... $ $ $ 3b. Special Subsidy ....................... 4. Total Expenditures .... ............................... $ $ $ % PART C: OTHER REVENUE AND EXPENDITURES I. Interest: II. Advance Recoupment 1. Earned on GR Advance $ 1. Advance Recouped $ 2. Rtn. of GR Advance $ 3. Other Earned $ DOEA FORM 105H, Revised May 2006 11 Agenda Item No. 16D6 September 26, 2006 Page 13 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D6 Item Summary: Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. for the Home Care for the Elderly grant in the amount of $104,787 and approve the budget amendment. Meeting Date: 9126;2006 9:00:00 AM Prepared By Terri A. Daniels Grants Coordinator Date Public Services Human Services 9/1112006 1:37:30 PM Approved By Marcy Krumbine Director Date Public Services Human Services 9112/2006 10:26 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 9/1312006 11:22 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/14/2006 6:26 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9115/2006 6:29 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911512006 9:51 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 90612006 9:20 AM Agenda Item No. 16D7 September 26: 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve Work Order No. CT -02 -18 with The Chris -Tel Company in the amount of $187,942.00 for restoration and rehabilitation of the Church building at Roberts Ranch in Immokalee, using County Contract No. 02 -3349, "General Contractors Services ". OBJECTIVE: To receive Board approval for Work Order No. CT -02 -18 with The Chris -Tel Company in the amount of $187,942.00 using Contract No. 02 -3349. CONSIDERATIONS: The Board of County Commissioners approved $300,000 in capital improvements at Roberts' Ranch in the FY 2006 County budget. After engineering /architectural services and various site improvements, restoration and rehabilitation of the church building can be completed. When completed, the historic church building will provide a visitor and interpretive center for the Immokalee Pioneer Museum at Roberts' Ranch. Museum staff solicited three quotes from contractors on the County's Contract, Professional Building Systems (PBS), The Chris -Tel Company, and the Surety Construction Company. The quote from PBS totaled $194,638 and the Surety Construction Company declined to submit a quote. The lowest qualified quote was from The Chris -Tel Company for $187,942. FISCAL IMPACT: Funds in the amount of $188,059.00 are available in Roberts Ranch's current building improvement budget, within the Museum Fund (198). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve Work Order No. CT- 02-18 with the Chris -Tel Company in the amount of $187,942, for renovations to the Church at Roberts Ranch PREPARED BY: Gary Vincent, Assistant Manager, Naples Depot Museum BVISI2606 e9:46 2392260505 y C.RISTEL Ag nda It$FAWo. 02M September 26, 2006 Page 2 of 7 "'(W PROPOSAL_ Auguot 19, 2000 ww7a• *4 aai *44 }�41aty +��wtwwrwwTt�t.•�r7 # ? + +I t+wY.t*46�444*s +��4ia1t•aa,t4• Proposal sub miKod to: Job rlmrn a. Lee Mficheii Rot7seft Ranch- 11246 Rabeft Avenr O Imm+ lalso, p'1.W4d The following "will ho parFormed ftr the sum � 787,94 :00 Scope of Work-. tx. ,ter�`or„rk 't) Les ;ice dart *6*d ter Woolnlg 91ding, trImp fascia, and ssofiit. 31 Now concrete Pods. 4) 'Neiw railir , 8) t�4Friv sasEereai' d6it:i�Mg + .F eplau 06t$bdo!1lghm. �.j Now ki 4y�aEe ee per plerls.; i'j NOW pnr plan; �,t llydrNt , ij Fratrr�rttdwrr.walle:" 2j irrstetl +owner supplt+ed I+d pn�neling. 3) tn.suli to dills and .roof tt'u�Su�. 4) Install powniC file and .base apt baEck morn. 3) Ngvr piuttt6injfti: rao sinct txall t e as4oriara� 1 ft? plain` roOta pikim N4b6d t]oars, Mend add pain:, 1 N aln roots pabalt Vood all alsifng, .seiling, altd pajnt sj MAIM roam f1avv vv'Ac, 9) MIl'n ro+ o now h tr. and service. �Oj Slte i'hpalrs, 11) New Int+edor doors, fram aO, and NVOWar j Rcluelons hermit. r �aument t+� tai r�aecie a� ictlows; Prr�gres�i+n3 r Authorized signature: +Miff vedc► Vlr r�sgent Note: 1 j This propel may tie withdrawn k y, Ua if not am pw with n tl 1 doys + ..+++a......+� Aresptanon gffPi sat �7"t a abC ?e rice apme�fyeat6or� �rtd b4rll�di #Iort�R ore sat6factory' a#n d ©u and ai,iharld tri tlr� the woitS speti�ieci. {�eyErt wil! bo:mda an 09/12/2006 02: 40 09111/1005 04:29 2992260503 2397748580 CHRISTEL COLLIER CC 1 L14 'Tyre or PrW NRme "Tide Stepbm Y. A►.esistM CMAY AU=OY 4pMvedby. .Dow Date: I Agenda Ite Septem e n, P06 Page 4 of 7 07/31/2006 11:02 2396431080 PBS Agenda ltenpA� 14W03 September 26, 2006 Page 5 of 7 GENERAL CONTRACTORS CONSTRUCTION MANAGERS 4395 Corporate Square • Naples, FL 34104-4754 - Phone: 239/643-6527 • Fax-, 239/643-4293 • PBSCOntractors.cOrn July 31, 2006 Mr. Dan Summers BSSW Architects, Inc. 949 Central Avenue Naples, FL 34102 RE: Roberts Ranch Mr. Summers: Thank you for inviting Professional Building Systems to present you with this construction management proposal for the build out at Roberts Ranch. We appreciate being considered for your important project_ After carefully reviewing the plans and specifications provided by your office and dated 6/29/06, we have based our proposal on the following scope of work: . Cast in Place Concrete, . Galvanized or mill finish aluminum handrails. . Handicapped Ramp in IPFf. • Metal framing, insulation and drywall, . Acoustical ceilings. • Carpentry, interior trim, doors and frames. Three entry doors. ($3,000 allowance) • Ceramic the flooring and base the in restrooms only Interior Painting. Complete Plumbing work in accord with the plans and specifications. • Complete HVAC; work including Addison (or equal) equipment. Complete Electrical work in accord with the plans and specifications. Electrical fixture allowance of $7,500. is included. Perform a final cleaning of the affected areas. e7/31/2006 11:02 2396431080 PBS Agenda Iterfl446. 1OD/703 September 26, 2006 Page 6 of 7 Professional Building Systems Roberts Ranch - Proposal Page 2 of 2 Exclusions: Permit and Impact Fees. • Architectural, Structural, .MEP or Civil Engineering plans. Correction of any existing code violations not discussed in this scope of work. « Floor finishes. Fire Alarm system or design. Fire Sprinkler system or design All utilities are extended to within 5' of the building shell only. Builders Risk Insurance. Our proposed price to complete the Roberts Ranch church improvement is One 1 09d Ninety -Four Thousand Six Hundred Thirty -Eight and 00MOO dollars 4,638.00), Mr. Summers, thank you .a€gain for considering our firm for this important project. We trust this information will be useful to you in selecting Professional Building Systems as your contractor. If you have any questions, please don't hesitate to call me on my cell phone at (239- 825 - 3137). We look forward to completing your project and building a lasting relationship with you. Agenda Item No. 16D7 September 26, 2006 Page 7 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D7 Item Summary: Recommendation to approve Work Order No. CT -02 -18 with The Chris -Tel Company in the amount of $187.942.00 for restoration and rehabilitation or the Church building at Roberts Ranch in Immokalee, using County Contract No. 02 -3349, General Contractors Services. Meeting Date: 9/26,12006 9:00.00 AM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 9112/2006 4:43 PM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 911212006 5:20 PM Approved By Steve Camels PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 9/1212006 5:54 PM Approved By Ron Jamro Museum Director Date Public Services Museum 9113/2006 3:16 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911412006 6:40 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9115/2006 1:07 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/15/2006 3:42 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/1612006 9:15 AM Commissioners Agenda Item No. 16D8 September 26, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $24,756 to recognize revenue received from the collection of co- payments from the Collier County Services for Seniors program. OBJECTIVE: To obtain approval to recognize co- payment revenue received from the Services for Seniors program. CONSIDERATIONS: Collier County Services for Seniors provides in -home support services and adult day care to Collier County's frail elderly. These services are supported by grants received from the Florida Department of Elder Affairs and the Area Agency on Aging of Southwest Florida. The Department of Elder Affairs requires that any consumer receiving services from the Community Care for the Elderly and /or Alzheimer's Disease Initiative programs be assessed a monthly co- payment for services. The amount of the consumer's co- payment is determined by household income and based on a sliding fee schedule provided by the Department of Elder Affairs. The Services for Seniors Program has collected $24,756 in co- payments. The funds will be used to pay for additional service hours which in turn will allow more of Collier County's elderly residents to remain in their homes. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: FY 06 budget will increase by $24,756. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendment to recognize the revenue. Prepared by: Terri Daniels, Accounting Supervisor, Human Services Department Agenda Item No. 16D6 September 26: 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ' Item Number: 16D8 Item Summary: Recommendation to approve a budget amendment in the amount of $24.756 to recognize revenue received from the collection of co- payments from the Collier County Services for Seniors program. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Terri A. Daniels Grants Coordinator Date Public Services Human Services 9/11/2006 5:29:06 PM Approved By Marcy Krumbine Director Dale Public Services Human Services 9/12/2006 10:15 AM Approved By Barry Williams Director Date Public Services Parks and Recreation 9/1412006 8:35 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9114/2006 6:39 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9115/2006 8:38 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911812006 2:40 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9118/2006 7:59 PM Commissioners Agenda Item No. 16D9 September 26, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve a budget amendment in the amount of $42,142.26 to recognize additional revenue in the Older American's Act Title III -B budget for FY 06. OBJECTIVE: The approval of this budget amendment is necessary to recognize additional grant funding received for the Services for Seniors Title III -B program. CONSIDERATIONS: Collier County Services for Seniors has been providing in -home support services to Collier County's frail elderly for the past 32 years through the Older Americans Act program. This grant was originally awarded by the Area Agency on Aging in the amount of $338,680. This program provides in -home services and transportation to Collier County's frail elderly. The Services for Seniors program received an additional $42,142.26 in revenue to provide additional services to seniors in Collier County, GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: FY 05 -06 budget in the Older American's Act Title III -B program (155972- 346431) will increase by $42.142.26. No additional matching funds are required. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendment. Agenda Item No. 16D9 September 26, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS .�.. Item Number: 1629 Item Summary: Recommendation to approve a budget amendment in the amount of $42,142.26 to recognize additional revenue in the Older Americans Act Title III -B budget for FY 06. Meeting Date: 9,26/2006 9:00:00 AM Prepared By Terri A. Daniels Grants Coordinator Date Public Services Human Services 9114/2006 1:57:42 PM Approved By Marcy Krumbine Director Date Public Services Human Services 9/1412006 4:28 PM Approved By Barry Williams Director Date Public Services Parks and Recreation 9/14/2006 4:49 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/15/2006 9:33 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9/15/2006 9:51 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9118/2006 1:58 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911812006 7:47 PM Commissioners Agenda Item No. 16E1 September 26, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to award RFP #06 -3983 to CBSA, Inc. for Group Health Third Party Administration Services in the amount of $392,875 OBJECTIVE: To obtain approval from the Board of County Commissioners ( "Board ") to award RFP #06- 3983 to CBSA, Inc. for Group Health Third Party Administration Services. CONSIDERATION: The Board of County Commissioners, through the Risk Management Department, offers a comprehensive group insurance program to its employees and their eligible dependents. The program includes a partially self- funded group health insurance program also known as the "Plan ". In order to properly manage the Plan, the County employs the services of a qualified third party claims administration company to adjudicate claims presented to the Plan for payment; to provide various services including HIPAA and COBRA compliance services; and to provide medical reimbursement and dependent care reimbursement account services. Since 2000, the County has utilized Corporate Benefit Services of America, Inc. also known as CBSA, for these services. The existing agreement between the County and CBSA will expire on January 1, 2007. In anticipation of this, the Purchasing Department released RFP #06 -3983 to seek proposals from interested firms. Proposals were received on May 26, 2006. A total of five firms submitted proposals. The selection committee met on August 3, 2006 and the proposals were scored. The scoring process resulted in the following ranking of the top three firms. 1) CBSA, Inc. ... 2) Web TPA 3) First Services, Inc. The committee cited the following reasons in its selection of CBSA as the top ranked firm. 1) CBSA is the current claims administrator and, therefore, there will be no service interruption issues that typically result when implementing a new claims administrator. 2) Claims processing times and financial accuracy measures have consistently exceeded industry standards. This was confirmed through an independent audit of CBSA performed in 2005 by the County's external auditing firm, KPMG. 3) CBSA presented excellent information technology capabilities and has agreed to interface with the County's SAP system to streamline the data entry process. 4) The price proposal offered by CBSA was the lowest in comparison to the other proposals. A two -year agreement with the option to renew for two additional one -year periods has been negotiated by the Purchasing Department and is included as part of this request for approval. The commencement date of the agreement is January 1, 2007. FISCAL IMPACT: The annual fees paid to CBSA will be approximately $392,875 per year based upon an enrollment of 2,150 covered lives. Funds are budgeted within Fund 517, Group Health and Life for this purpose. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board awards RFP# 06 -3983 to Corporate Benefit Services of America, Inc. for Group Health Third Party Administration Services and authorizes the Chairman to execute an agreement for services. PREPARED BY: Jeff Walker, CPCU, ARM, Director, Risk Management Department Agenda Item No. 16E1 September 26, 2006 Page 2 of 2 Approved By COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E1 - Item Summary: Recommendation to award RFP #06 -3983 to CBSA. Inc. for Group Health Third Party 91712006 10:28 PM Administration Services in the amount of $392,875. Meeting Date: 9/26/2006 9:00,00 AM Approved By Purchasing Agent Linda Best Contracts Agent Date Administrative Services Purchasing 81311200612:33 PM Approved By Steve Carnal] Purchasing(General Svcs Director Date Administrative Services Purchasing 91712006 10:28 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 9/1112006 7:45 AM Approved By Jeffrey A. Walker, CPCU, Risk Management Director Date ARM County Manager's Office 9!1412006 7:39 PM Administrative Services Risk Management 91111206 8:49 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 911212006 11:43 AM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management & Budget 9/1212006 2:31 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 911312006 9:30 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911412006 3:57 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9!1412006 7:39 PM Commissioners Agenda Item No. 16E2 September 26, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to award RFP#06-3996 to The J. D. Allen Group, Inc. for Employee Assistance Services in the amount of $36,792 OBJECTIVE: To receive approval from the Board of Commissioners to award RFP#06-3995 to the J. D. Allen Group, Inc for Employee Assistance Services. CONSIDERATIONS: The Board of Commissioners has offered an employee assistance program to its employees and their families since 1989. Currently the Tax Collector, Property Appraiser and Supervisor of Elections also participate in the program. EMS (Emergency Medical Services) maintains a separate employee assistance program that specializes in EMS related matters. The purpose of the program is to offer counseling services to employees and their families for various types of personal matters that can include stress issues, financial problems, and family and marital problems. In addition, the program provides workplace assistance to supervisory personnel and employees in the areas of drug-free workplace, conflict resolution, crisis intervention, and performance related issues. Employees who utilize this program are better able to manage their personal issues which results in reduced absenteeism and improved productivity. In May, 2006 a selection committee was formed and a Request for Proposals was prepared and released with a due date of June 2, 2006. Nineteen (19) invitations for proposals were sent out and eight (8) proposals were received. The selection committee met on August 11, 2006 and scored the proposals. The final ranking was as follows: 1) The J. D. Allen Group, Inc. 2) Deer Oaks EAP Services 3) Employee Assistance Professionals of South Florida, Inc. 4) Value Options 5) Gulf Coast Behavioral Health, LLC 6) David Lawrence 7) Life Long Solutions 8) Counseling & Employee Assistance Program, Inc. The consensus of the selection committee was that The J. D. Allen Group, Inc. exhibited the ability to provide the most comprehensive package of services at a very competitive price. A few of the factors the committee considered to reach their selection were: 1 The Allen Group has a very user friendly website with a link to Work-Life Services where employees will have access to extensive information on topics such as Family and Care Giving, Emotional Well Being, and Health and Wellness. 2) Education and training will be available for Senior Management, Supervisors, and employees both online and on video. A video is also available for New Hire Orientation to introduce new employees to the program. 3) Employee communication materials will include posters, brochures, wallet cards, and online monthly newsletters. 4) Employees will have access to discounted legal and financial services. Agenda Item No. 16E2 September 26, 2006 Page 2 of 3 It is recommended that the Board of Commissioners enter into a two (2) year agreement for this service with the option to renew for two (2) additional one year periods. FISCAL IMPACT: The annual cost to provide this service based upon 2100 participating employees at $1.46 per employee per month is approximately $36,792. Funds are budgeted within Fund 517, Group Life and Health for this purchase. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of Commissioners approves the award of RFP #06 -3995 to The J. D. Allen Group, Inc. for Employee Assistance Services and authorize the Chairman to execute the agreement for services. PREPARED BY: Alice Toppe, Group Insurance Manager, Risk Management Department Agenda item No. 16E2 September 26, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E2 Item Summary: Recommendation to award RFP #06 -3995 to The J. D. Allen Group. Inc. for Employee Assistance Services. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Alice L. Toppe Group Insurance Manager Date Administrative Services Risk Management 812812006 9:36:08 AM Approved By Jeffrey A. Walker, CPCU. Risk Management Director Date ARM Administrative Services Risk Management 8/3012006 3:16 PM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 8/31/2006 12:32 PM Approved By Steve Carrell Purchasing /General Svcs Director Data Administrative Services Purchasing 9/712006 10:25 PM Approved By Lan Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9112/2006 11:42 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1212006 2:30 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9113/2006 9:23 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1312006 11:48 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9113/2006 4:42 PM Commissioners Agenda Item No. 16E3 September 26, 2006 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve award of Bid #06 -4032 - "Sublet/Parts Bid for Collier County" to multiple vendors for Fleet Management services, repair parts, accessories, and end items with total expenditures projected to exceed $200,000 annually. OBJECTIVE: To obtain Board of County Commissioners approval to award Bid #06 -4032 - "Sublet/Parts Bid for Collier County" to multiple vendors for Fleet Management services, repair parts, accessories, and end items with total expenditures projected to exceed $200,000 annually. CONSIDERATIONS: The Collier County Fleet Management Department maintains over 2500 County vehicles and equipment items manufactured by over 100 different companies. A number of contracts are in place to handle the majority of procurement and outsourcing requirements to maintain and support this equipment. Not previously under County contract were frequent needs for services, parts, accessories, or end items that could come only from regional factory authorized dealerships or from providers of specialty services that were beyond the capabilities, scope, or efficiencies of the Fleet Management Department. In past years, Collier County participated in the City of Naples Sublet & Parts Bid under the umbrella of the Southwest Florida Buying Consortium to acquire these services and products. The City of Naples is no longer issuing this contract on behalf of the Consortium. Therefore, the County needs to issue its own contract. A bid request was posted by the Purchasing Department on July 26, 2006, and bid notices were mailed to 99 vendors for a two -year sublet and parts contract effective October 1, 2006, with single purchases not to exceed $25,000. Sixty -one (61) bid responses were received as of the August 16, 2006, bid opening date. Of the 61 bids, 55 vendors were sole bidders for particular services or products. Some of the same 55 vendors plus other vendors submitted proposals for like services or products that were competitive. All products and services bid by all vendors are needed by Fleet Management to maintain and support County vehicles and equipment. Award is recommended to all vendors with sole proposals for particular services or products. Competitive items are recommended for award to the low bidder as Primary Vendor and to the higher bidders as Secondary Vendors. Secondary Vendors will be used when the Primary Vendors are unable to provide timely services. A proposed vendor award sheet is attached. FISCAL IMPACT: Funds for Fleet Management service requirements are budgeted annually in the Fleet Management Fund 521 operating budget. Costs are expected to exceed $200,000 annually for services and products in this contract. GROWTH MANAGEMENT IMPACT: No growth management impact is involved. RECOMMENDATION: That the Board of County Commissioners approves award of Bid 06- 4032 - "Sublet/Parts Bid for Collier County" as stated on the attached vendor award sheet. 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L.L u..Q--:, -1 Um YOU Agenda Item No. 16E3 September 26; 2006 Page 15 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E3 Item Summary: Recommendation that the Board of County Commissioners approves award of Bid 06 -4032, Fleet Management - Sublet /Parts Bid for Collier County as stated on the attached vendor award sheet_ Meeting Dale: 9126i2006 9:00:00 AM Prepared By Dan Croft Fleet Management Director Date Administrative Services Fleet Management 813112006 1:34:46 PM Approved By Dan Croft Fleet Management Director Date Administrative Services Fleet Management 8131/2006 1:31 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 813112006 2:43 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 8/3112006 3-03 PM Approved By Steve Carrell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 9/12/2006 8:57 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 911412006 12:52 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1412006 1:56 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9/1412006 5:08 PM Approved By Michael Smykowski Management & Budget Director Date County Managers Office Office of Management & Budget 9115/2006 9:20 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 911512006 11:25 AM Agenda Item No. 16E4 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve and execute the attached First Amendment to Tower Option and Lease Agreement Deed to Lessor and Termination of Agreement from New Cingular Wireless PCS, LLC d /b /a Cingular Wireless concerning the County - owned communications tower at the County Barn facility. OBJECTIVE: To obtain approval and execution from the Board of County Commissioners for the attached First Amendment to Tower Option and Lease Agreement Deed to Lessor and Termination of Agreement from New Cingular Wireless PCS, LLC d /b /a Cingular Wireless concerning its operations at the County -owned communications tower at the County Barn facility. CONSIDERATION: On December 1, 1998, Collier County, as Lessor, entered into a Tower Option and Lease Agreement with New Cingular Wireless PCS, LLC d /b /a Cingular Wireless ( "Cingular "), for the installation of communications equipment upon the County -owned radio communications tower located at the County Barn facility. At this time, Cingular is no longer in need of this location and has submitted the attached First Amendment to Tower Option and Lease Agreement Deed to Lessor and Termination of Agreement. The document reflects a termination date of September 1, 2006. According to the Lease Agreement, Cingular is required to pay the County one year's rent, in the amount of Twenty -six Thousand Five Hundred Ninety -five Dollars and Twenty Cents ($26,595.20), as an early termination penalty. In addition to this amount, Cingular has agreed to provide the County with an additional Five Thousand Dollars ($5,000.00) for the County to accept Cingular's ground shelter and related electrical equipment to remain at the site. Collier County is favorable to this agreement and will utilize the equipment and shelter at another County - operated tower. The attached First Amendment to Tower Option and Lease Agreement Deed to Lessor and Termination of Agreement has been reviewed and approved by the Office of the County Attorney for content and legal sufficiency. FISCAL IMPACT: The early termination penalty in the amount of Twenty -six Thousand Five Hundred Ninety -five Dollars and Twenty Cents ($26,595.20) and the additional fee of Five Thousand Dollars ($5,000.00), for a total of Thirty -one Thousand Five Hundred Ninety -five and Twenty Cents ($31,595.20), shall be deposited into Fund 188, Cost Center 140480, Project 362110. GROWTH MANAGEMENT: There is no impact on the County's long -range planning effort. RECOMMENDATION: That the Board of County Commissioners approves the First Amendment to Tower Option and Lease Agreement Deed to Lessor and Termination of Agreement with New Cingular Wireless PCS, LLC d /b /a Cingular Wireless South Corp., and authorizes the Board Chairman to execute same. PREPARED BY: Michael Dowling, Senior Property Management Specialist Real Estate Services / Department of Facilities Management Agenda Item No. 1 September 26, 2 Cell Site: Naples Manor SBA Page 2 Lease ID: 10016432 Address: 2901 County Barn Road, Naples, FL 34112 FIRST AMENDMENT TO TOWER OPTION AND LEASE AGREEMENT Deed to Lessor and Termination of Agreement This First Amendment to TOWER OPTION AND LEASE AGREEMENT ( "First Amendment ") is entered into as of the latter signature date below and is by and between COLLIER COUNTY, a political subdivision of the State of Florida ( "Lessor "), and NEW CINGULAR WIRELESS PCS, LLC d/b /a CINGULAR WIRELESS, a Delaware limited liability company, as successor in interest to Bellsouth Mobility, Inc. ( "Tenant "). RECITALS A. Lessor and Tenant entered into that certain TOWER OPTION AND LEASE AGREEMENT dated December 1, 1998 ( "Agreement "), whereby Lessor leased to Tenant and Tenant leased from Lessor a portion of Lessor's property located at 2901 COUNTY BARN ROAD, NAPLES, FLORIDA 34112. The leased portion of the Property is defined in the Agreement as the Premises. B. Tenant has determined that, at present, the use of the Premises is no longer consistent with the optimal operation of Tenant's communications network and, as an alternative to exercising its rights of termination under the Agreement, Tenant desires to sell and transfer its improvements installed at the Premises and its interest in the Agreement to Lessor. NOW, THEREFORE, in consideration of the foregoing, and of the mutual obligations and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The recitals set forth above are incorporated herein as set forth in their entirety. 2. The Agreement is hereby amended by the addition of the following: (i) Tenant hereby transfers its improvements to Lessor effective September 1, 2006 and Lessor agrees to accept the improvements, as is, where is, without any warranty of merchantability or fitness for any purpose whatsoever. Tenant reserves the right to remove its personal property. (ii) Tenant agrees to pay to Lessor, within sixty (60) days of the execution of this Amendment, the amount of Five Thousand and no /100 Dollars ($5,000.00) ( "Fee"), which amount is accepted by Lessor and is agreed by both Lessor and Tenant to be full consideration for all improvements transferred to Lessor. (iii) As required in the Lease Agreement dated December 1, 1998, Article 21, Tenant agrees to pay to Lessor the sum of Twenty -six Thousand Five Hundred Ninety -four Dollars and 20/100 Dollars ($26,595.20). With this amount and the aforementioned amount in item (ii), Lessor acknowledges that no other consideration is required. 3. All obligations under the Agreement will cease and neither party shall have any obligations to the other except for those terms in the Agreement which by their express terms survive the termination or expiration of the Agreement. 4. Alt defined terms used in this Amendment that are not defined herein shall have the same meaning ascribed to them as in the Agreement. IN WITNESS WHEREOF, Lessor and Tenant have duly executed this Amendment as of the dates set forth below. AS TO THE LESSOR: DATED: BOARD OF COUNTY COMMISSIONERS, ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk BY: BY: Deputy Clerk FRANK HALAS, Chairman LESSEE'S signature appears on Page 2. 4 AS TO THE TENANT: DATED: WITNESS (signature) print name WITNESS (signature) print name Agenda Item No. 1 f E4 September 26, 2 06 Page 3 Ff 4 NEW CINGULAR WIRELESS, PCS, LLC, A Delaware Limited Liability Company DBIA Cingular Wireless BY: Name: Title: TENANT ACKNOWLEDGEMENT STATE OF ) COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Executive Director of NEW CINGULAR WIRELESS PCS, LLC DBIA CINGULAR WIRELESS, A DELAWARE LIMITED LIABILITY COMPANY, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Sea] (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney Agenda Item No. 16E4 September 26, 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E4 Item Summary: Recommendation to approve and execute the attached First Amendment to Tower Option and Lease Agreement Deed to Lessor and Termination of Agreement from New Cingular Wireless PCS. LLC d!b!a Cingular Wireless concerning the Cotmty -owned communications tower at the County Barn. Meeting Date: 9126;2006 9:00:00 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 911112006 1:59:53 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 9111/2006 2:44 PM Approved By John J. Daly Telecommunications Manager Date Administrative Services Information Technology 911112006 4:10 PM Approved By Tani A. Mott Real Property Supervisor Date Administrative Services Facilities Management 9111/2006 5:02 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9112!2006 11:46 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9112/2006 2:32 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9113!2006 9:37 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9114/2006 3:45 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9114!2006 6:19 PM Agenda Item No. 16E5 September 26, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve and execute the attached Lease Agreement with George Vega, Tom Brown, Larry Martin and Jack Stanley, AKA Palm Lake Investments, for additional temporary office space for the Office of the Public Defender at a first year's annual rent of $17,099, Project 52004 -1. OBJECTIVE: To obtain approval from the Board of County Commissioners to execute the attached Lease Agreement to provide additional temporary office space for the Public Defender's staff during construction of the new Courthouse Annex. CONSIDERATION: The Public Defender's Office was once located on the fourth floor of the Courthouse. In order to accommodate the addition of the new judges assigned to Collier County, the Public Defender was relocated to offices located across the street from the Main Government Complex. The purpose of the relocation was to complete the required renovations to the space to accommodate the new judges' suites, one courtroom and a hearing room. Eventually, the Public Defender's Office will return to the Courthouse Complex as they are closely associated with the Courts and its functions. In December of 2005, the Board of County Commissioners approved a Lease Agreement with Palm Lake Investments for approximately 9,290 square feet of office space located across from the Government Center within the Courtview Building, 2660 Airport Road to accommodate the Public Defender's Office. The two year lease includes a provision for a one -year extension. At this time, the Public Defender is requesting additional space needed to accommodate two (2) incoming �-. attorneys and a clerical position needed to support the incoming judges. Staff has located an additional 868 square feet of office space in the building presently being leased for the Public Defender. This office is ideal in its location which is directly across the hall from the Public Defender's existing office. The lease term is for fifteen (15) months which coincides with the remaining term of the existing Lease. This will create the same termination date for both leases. The first year's annual rent will be $17,099.00, which includes common area maintenance (CAM) charges, and shall be payable in monthly installments of $1,424.92. The annual rent for the second year and one -year extension, if exercised, will increase pursuant to the Consumer Price Index. The CAM will increase to reflect the property's actual operating expenses. The County will be responsible for all costs pertaining to janitorial services, pest control, air - conditioner filter replacement, phone service, and electricity charges at the leased property. The attached Lease Agreement has been reviewed and approved by the Office of the County Attorney for content and legal sufficiency. FISCAL IMPACT: The annual rent and CAM charges of $17,099 will be paid from the Courthouse Renovation Project 52004 -1 in the County Wide Capital Projects Fund 301. Source of funds is Ad Valorem. GROWTH MANAGEMENT: There is no impact on the County's long -range planning effort. RECOMMENDATION: That the Board of County Commissioners approves the Lease Agreement with George Vega, Tom Brown, Larry Martin and Jack Stanley, AKA Palm Lake Investments, approves any associated budget amendments and authorizes the Board Chairman to execute same. PREPARED BY: Michael Dowling, Senior Property Management Specialist, Real Estate Services / Department of Facilities Management Agenda Item No. 16E5 September 26, 2006 Page 2 of 7 Agenda Item No. 16E5 September 26; 2006 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E5 Item Summary: Recommendation to approve and execute the attached Lease Agreement with George Vega, Tom Brown, Larry Martin and Jack Stanley. AKA Palm Lake Investments for additional temporary office space for the Office of the Public Defender at a first years annual rent of $17,099. Project 52004 -1, . Meeting Date: 9126,2006 9:00 00 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 9111!2006 1:56:32 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 911112006 2:46 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 911112006 5:04 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admim 9!1412006 12:53 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9114/2006 1:57 PM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 9119!2006 12:45 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911912006 1:40 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 911912006 5:06 PM Agenda Item No. 1fE5 September 26, 2 06 Lease # Page 4 f 7 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this day of September, 2006, between George Vega, Tom Brown, Larry Martin and Jack Stanley AKA Palm Lake Investments, whose mailing address is P.O. Box 10608, Naples, Florida 34102, hereinafter referred to as "LESSOR ", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE ". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately 868 square feet of office space located at Unit 5, 2660 Airport Road, Naples, Florida 34112, hereinafter referred to as the "Demised Premises ", for the sole purpose of operating a government office. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises fora term of fifteen (15) months commencing on March 1, 2006 and ending February 28, 2008. LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to renew same for one additional term of one year, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon Sixty days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR. LESSEE shall not be required to provide LESSOR with any advanced rent such as security deposit or holding rent. LESSEE is tax exempt and shall provide LESSOR with its Tax Certificate showing its exempt status. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Seventeen Thousand Ninety -nine Dollars and No Cents ($17,099.00) per annum in equal monthly installments of One Thousand Four Hundred Twenty -four Dollars and Ninety -two Cents ($1,424.92) each. All rental payments shall be due payable in advance on the first day of every calendar month during the term hereof. If the terns of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (1 /30th) of the monthly rental multiplied by the number of rental days of such fractional month. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3 shall be increased as outlined in Article 4. ARTICLE 4. Renewal Term Rent In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3 shall be increased for the ensuing one year renewal term in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers- United States City Average, all Item - Series A (1982 — 84 = 100), United States Department of Labor had increased for the preceding year. However, in no event shall the annual minimum rent be less than Seventeen Thousand Ninety -nine Dollars and No Cents ($17,099.00) nor shall any yearly increase be greater than 10 %. In the event that the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner "- of computing such Consumer Price Index. In the event that such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the information thereto for use in determining the Consumer Price Index, shall be used in lieu of such Consumer Price Index. Agenda Item No. 1 E 5 ARTICLE 5. Other Expenses and Charges September 26, 2 06 Page 5 f 7 LESSEE shall pay all janitorial services, pest control and utility charges pertaining to the Demised Premises including, but not limited to, charges for gas, electricity, light, heat, air condition, power, water, sewer and telephone or other communication service used, rendered or supplied thereupon or in connection with the Demised Premises. LESSEE shall maintain the air conditioning filters within the Demised Premises. LESSOR shall be responsible for all elements of the maintenance and repair of the building and the Demised Premises not stated above, including but not limited to, plumbing, electrical and air- conditioning systems. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no written rejection delivered by LESSOR to LESSEE regarding said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies having jurisdiction over the Demised Premises. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 8. Assignment and Sublettine LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons, other than another County agency, to occupy same without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9. Indemnity and Insurance To the extent legally possible, the parties will continue the insurance arrangements in effect at the time of the commencement of this Lease, adjusted only so far as necessary to account for their change in legal position vis -� -vis. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 11. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default by LESSOR Agenda Item No. 1 If E5 September 26, 2 06 Page 6 7 LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: LESSOR: Board of County Commissioners Mr. George Vega c/o Real Property Mgmt. Dept. c/o Colonial Square Realty, Inc. 3301 Tamiami Trail East P.O. Box 10608 Administration Building Naples, Florida 34101 Naples, Florida 34112 cc: Office of the County Attorney ARTICLE 15. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSEE. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BY: Deputy Clerk FRANK HALAS, Chairman AS TO THE LESSOR: Agenda Item No. 1fE5 September 26, 2 06 Page 7 f 7 DATED: GEORGE VEGA, TOM BROWN, LARRY MARTIN AND JACK STANLEY AKA PALM LAKE INVESTMENTS ATTEST: BY: GEORGE VEGA for Partnership WITNESS (signature) print name WITNESS (signature) print name Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney Agenda Item No. 16E6 September 26, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the purchase of Property, Casualty, Automobile, Workers' Compensation insurance, and related services for FY 2007 OBJECTIVE: To approve the purchase of Property, Casualty, Automobile, Workers' Compensation insurance, and related services for FY 2007. CONSIDERATIONS: Pursuant to Florida Statutes 768.28 and 440, the Risk Management Department operates two risk management funds (Fund 516 and Fund 518) to finance its Property, Casualty and Workers' Compensation insurance programs. These programs consist of retained losses; primary and excess insurance premiums; first dollar coverage; claims administration services; brokerage services; and other ancillary services necessary to administer the program. The various lines of insurance covered under these programs include Property; Flood; Builders Risk; General Liability; Public Officials Liability; Crime and Employee Dishonesty; Automobile Liability; Automobile Physical Damage; limited Uninsured Motorist; Boiler and Machinery; Aircraft Hull and Liability; Airport Liability; Pollution Liability; Contingent Law Enforcement; Medical Malpractice; Statutory Accidental Death; and Excess Workers' Compensation. An extensive bidding effort is performed periodically to assure that the County's insurance program is both comprehensive and competitive. Competitive quotes will be sought from at least three carriers per line for the FY 08 renewal. Currently, the program is structured through a primary layer; excess coverage layers; and monoline insurance policies. The primary layer of coverage utilizes an All Lines Aggregate program to provide the primary layer of General Liability, Public Officials Liability, Automobile Liability, Crime, and Workers' Compensation insurance. For every claim presented, the County retains the first $100,000 per claimant/$200,000 per occurrence except for Workers' Compensation which is $350,000 per claim. The retained portion of each loss applies toward an aggregate loss fund. Retained losses are accumulated for the year and once a maximum limit is reached, the program becomes a first dollar program. Thus, total maximum program costs are predictable at the inception of the program while at the same time the County has the ability to hold loss funds and enjoy the cash flow advantages of interest earnings. Excess General Liability, Public Officials Liability, Automobile Liability, Crime, and Workers' Compensation coverage is purchased if higher limits are needed to protect against large losses; a cause of action not protected by a sovereign immunity cap; or a claims bill. Property Insurance is purchased through a layered program and includes limited Flood coverage. On October 1, 2005 the Property Insurance program was written for an 18 -month term expiring April 1, 2007 in order to lock in advantageous pricing and coverage terms for as long as possible. The property insurance deductible is $50,000 for all perils other than named storms. The named storm deductible is 2% per building subject to a minimum of $100,000 per named storm and a maximum of $2,500,000 per named storm. Additional Flood coverage is purchased through the National Flood Insurance Program on properties in flood zones and vulnerable areas to comply with the provisions of the Stafford Act. Separate individual policies are purchased for Boiler and Machinery, Aircraft, Airport Liability, Pollution Liability, Medical Malpractice; Contingent Law Enforcement and Statutory Accidental Agenda Item No, 16E6 September 26, 2006 Page 2 of 5 Death. Claims are administered through John Eastern Company as an approved claims administration company for the ALA program. The significant highlights of the FY 07 renewal are as follows. ❑ Total Premiums and Costs- Total premiums and fixed costs increased 1.83% and are highlighted as follows: • All Lines Aggregate Program- The ALA provides the primary General Liability, Auto Liability, Public Officials Liability and Workers' Compensation coverage layers. Overall premiums decreased 1 % or $3,541. • Property Insurance- The Property insurance limit purchased is $275,000,000 on values of $935,767,537. This coverage was purchased on October 1, 2005. A term of 18 months was purchased and the program will renew on April 1, 2007. • Excess Workers' Compensation Insurance- Estimated ratable payroll increased by 4.7 %. However, the premium rate decreased by 10 %. As a result, overall gross annual premiums decreased by 7.6% or $26,157. • Excess Liability Insurance- Total ratable revenues increased from $1.119 billion to $1.481 billion. This is an increase of 32.3 %. The actual premium rate decreased by 10.1 % but with higher ratable exposures, the overall gross annual premiums increased by $17,903 or 9.17 %. • Aviation Insurance- Hull and Liability insurance on the EMS Med flight helicopter decreased by 14.93% or $17,550. The rotors in motion deductible dropped from $87,500 to $50,000. • Other Lines- Premiums for all other coverage lines remained level or experience increases of less than the rate of inflation. • Brokerage and Claims Administration- The contracted broker is paid a flat fee for services. This service is currently under bid and the cost is expected to increase by 40 %. Even with this increase, the County saves approximately $397,000 per year when comparing paid fees to brokerage commissions. Claims administration fees are expected to increase 4 %. Overall brokerage and claims administration fees are expected to increase 22 %. ❑ Self Insured Retentions- Specific and Aggregate self insured retentions remain unchanged. A complete renewal exhibit by line is attached as part of this recommendation. FISCAL IMPACT: A summary of fiscal impact is as follows: Category FY 06 Cost FY 07 Difference Percentage Inc /Dec Cost Total Brokerage and Claims $223,011 $272,737 $49,726 22.3% Administration Cost Total Excess Premiums $5,644,686 $5,702,418 $57,732 1.02% (including property) Total Fixed Costs $5,867,697 $5,975,155 $107,458 1.83% Agenda Item No. 16E6 September 26, 2006 Page 3 of 5 Funds have been budgeted within Funds 516 and Fund 518 for the purchase of coverage as outlined in the executive summary and summary sheet. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board approve the following: t) Approve the purchase of the All Lines Aggregate Property & Casualty Insurance Program and additional excess insurance coverage as outlined in the executive summary to be effective October 1, 2006. 2) Approve the purchase of Aircraft, Airport Liability, Boiler & Machinery, Crime, Pollution Liability, Statutory Accidental Death, and Contingent Law Enforcement Liability coverage as outlined in the Executive Summary effective October 1, 2006. 3) Authorize the chairman to sign an amendment to the claims adjusting contract with Johns Eastern Company to reflect renewal rates and terms pursuant to the approval for legal sufficiency by the County Attorney. a) Approve the rejection of Uninsured Motorist Insurance with the exception of scheduled take home vehicles, authorizing the Risk Management Director to execute the necessary rejection forms. s) Approve the rejection of a Terrorism Endorsement to the Property insurance policy, authorizing the Risk Management Director to execute any necessary forms. 6) Authorize the Risk Management Director to complete those applications or other documents necessary to bind coverage and services effective October 1, 2006. PREPARED BY: Jeffrey A. Walker, CPCU, ARM, Director, Risk Management Department Collier County Government Property and Casualty Renewal Summary FY 2007 Agenda Item No. 16E6 September 26, 2006 Page 4 of 5 Policy Type FY O6 Premium Projected FY 07 Premium FY 07 CarrierNendor Deductibles /Retentions All Lines Aggregate (Primary $703,104 $699,563 $100,000 per Princeton Excess Policy) person /$200,000 per and Surplus Limits Purchased: $1,000,000 General Liability $1,000,000 General Liability occurrence for General $1,000,000 Auto Liability $1,000,000 Auto Liability Liability, Automobile $1,000,000 Public Officials $1,000,000 Public Officials Liability and Public $ 600,000 Workers Comp $ 600,000 Workers Comp Officials Liability; $1,000,000 Crime $1,000,000 Crime $350,000 for Work Comp; $100,000 for Crime Excess Liability $195,193 $213,096 $1,000,000 General Princeton Excess Ratable Exposure $1.119 Billion $1.481 Billion Liability and Surplus Limits Purchased: $1,000,000 General Liability $1,000,000 General Liability $1,000,000 Public $4,000,000 Public Officials $4,000,000 Public Officials Officials Property $3,619,619 (annualized) $3,619,619 (annualized) $50,000 All Other Perils; Various Carriers on Insurable Values: $935,767,537 Current Property Coverage $2% /$100,000 Minimum, a Layered Structure Limits Purchased: $275,000,000 $2,500,000 Maximum Rate per $1000: .3868 Does Not Expire Until April Named Storm; t, 2007 $500,000 Building Flood $500,000 Contents Flood Flood Insurance $152,606 $152,606 $500 to $2,000 National Flood Limits Purchased: Actual Cash Value or Actual Cash Value or Insurance Program Maximum Available Maximum Available Excess Crime (Employee $12,956 $12,956 $1,000,000 Hartford Insurance Dishonesty) Limits Purchased: $4,000,000 Employee $4,000,000 Employee Dishonesty Dishonest Excess Workers' Comp: $346,061 $319,904 $600,000 Safety National Limits Purchased: $25,000,000 Statutory Reported Payrolls: $90,331,274 $94,339,173 Rate per $100 Payroll: .3831 .3391 Boiler & Machinery $33,211 $39,189 $25,000 Hartford Steam Limits Purchased: $50,000,000 occurrence $50,000,000 occurrence Boiler Statutory Accidental Death $21,985 $21,985 None Hartford Insurance Limits Purchased: Statutory Statutory Pollution Liability $101,401 $150,000 $100,000 per loss Indian Harbor Limits Purchased: $2,000,000 each loss $2,000,000 each loss $4,000,000 ag re ate $4,000,000 aggregate Builders Risk $297,500 $330,000 $50,000 All Other Perils; Various Carriers on Limits Purchased: $25,000,000 per location $84,640,344 Insurable $2 %1$100,000 Minimum, a Layered Structure $75,000,000 per occurrence Values $2,500,000 Maximum Named Storm; $500,000 Building Flood; $500,000 Contents Flood Johns Eastern Claims Adjusting Fee: $118,017 $122,737 NA Johns Eastern Claims Processed: 300 Claims per Contract 300 Claims per Contract Company Brokerage Flat Fee (in lieu of $104,994 $150,000 estimate NA IRMS commissions of $547,000 ) (currently under bid Aircraft Insurance (Helicopter) $117,550 $100,000 Limits Purchased: $3,500,000 Hull Value $3,500,000 Hull Value $50,000 Rotors in Motion Star Aviation $10,000,000 Liability $10,000,000 Liability $1,000 Rotors not in $500,000 Admitted $500,000 Admitted Motion Liability /Seat; Liability /Seat; '2006 Deductible is $3,000,000 Total $3,000,000 Total $87,500 for Rotors in Motion Airport Liability $18,500 $18,500 NIL Phoenix Aviation Limits Purchased: $1,000,000 Premises $1,000,000 Premises Liability Liability $1,000,000 Hangar keepers $1,000,000 Hangar keepers Contingent Law Enforcement $25,000 $25,000 None Florida Sheriffs Self - Professional insurance Fund Limits Purchased: $3,100,000 Limit $3,100,000 Limit $3,300,000 Aggregate $3,300,000 Aggregate Total Fixed Costs $5,867,697 $5,975,155 Agenda Item No. 16E6 September 26, 2006 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E6 Item Summary: Recommendation to approve the Purchase of Property. Casualty, Automobile, Workers Compensation insurance, and related services for FY 2007. Meeting Date: 9126;2006 9.00:00 AM Approved By Jeffrey A. Walker, CPCU. Risk Management Director Date ARM Administrative Services Risk Management 911112006 9:31 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9112/2006 11:48 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1212006 2:33 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management S Budget 9113;2006 11:16 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9!1512006 9:58 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911512006 10:32 AM Commissioners Agenda Item No. 16E7 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve award of Bid #06 -4024 "Tire Services" to Collier Tire & Auto Repair with annual expenditures estimated to exceed $30,000 for tire services and $190,000 for new tire purchases. OBJECTIVE: To obtain Board of County Commissioners approval to award Bid #06- 4024 "Tire Services" to Collier Tire & Auto Repair with annual expenditures estimated to exceed $30,000 for tire services and $190,000 for new tire purchases. CONSIDERATIONS: The Fleet Management Department out - sources most roadside and heavy truck tire repairs and replacements. The vendor(s) supplying these services must have sufficient service trucks, equipment, and personnel to meet the tire service demand for the Collier County fleet at any location within the County. The vendor(s) must also be an authorized dealer under the State of Florida Tires and Tubes Contract, and make tires available to the County at the prices stated in that contract. A bid request was posted by the Purchasing Department on July 7, 2006, and bid notices were mailed to 22 vendors for a two -year tire services contract effective October 1, 2006. Four vendors requested bid packages. Only one bid response was received by the July 28, 2006, bid opening date from Collier Tire and Auto Repair, Naples, Florida. Collier Tire & Auto Repair meets all the requisite qualifications to be a successful vendor on this bid. FISCAL IMPACT: Funds for tire services and new tire purchases are budgeted annually in the Fleet Management Fund 521 operating budget. Costs are expected to exceed $30,000 annually for tire services and $190,000 annually for new tire purchases. GROWTH MANAGEMENT IMPACT: No growth management impact is involved. RECOMMENDATION: That the Board of County Commissioners approves award of Bid 06 -4024 "Tire Services" to Collier Tire & Auto Repair. PREPARED BY: Dan Croft, Director, Fleet Management ui O 7 CL > N �a) ca) m� rn T 0 ._ Z O Q a-- 7 C N O r c� N 4) O E N 7 .0 Z E Z N m c o cu � c a�i p O a` to N U N U) N N O 7 co O U m N m O d Z 00000 0000 0 0000 =o �cnLOOO o0 00 0 0 0 0 0 O O O O- O O O O C O O O O to O 0 0 cli N � 00 C) Co 0 O _O N t(j L6 N N_ U ` N_ O_ N t0 _O O O CO 64 69 61i- 69 64 64 64 63 69 v7 6% 63 69 64 N 64 69 69 69 (O OD U) � � 0 O 00 U U nj x x = ` m M N N d� - o o w U � Q c m a N 'C O v7 N N i .N 'N N .y N O N N - .N N N c6 Lr 'N »- `O a) .. U N .0�.. (V — N_ N_ U_ to 4 N tN u7 a 'ct tM CF) N N `O N O :3 U) _` to O N U -O L 0 O l w C .OL C) w O CY) `O O V) w O. 0 CD i0 V E �� 3 ar i > CL y 3 y y r N O (L O U N H N C O N d 0 t5 Cm LLI E c m ti. m 'a c m CO is O U C W co Q_ m N Y = G O Y L7' N Rj d �C w y > d U Q 0 E td. C ~ i`— O 0 W H A y a m y @ .cu � m ~ C E y H ?, E F- - F- 3 S E F- F- y c N >_ F- v N co Z Qt R o CO L m d O L U U O L U U N Q O= ,L •Z O N C1 t0 E � '� C '� O Q 0 O __ O O �- 0 O cn 7 7 0 O i _O 3 N .� y v) O q `ZmQmD QJF-1- QaQJF-I- aCm0a:QL:�' d,F-�C �mZQ CD ci ui w@# LL] ow ¥� \oq o= G2 �m a± \% �S 5 6 � ƒ \¥ oC� —c5 70 fkf2a ceocr% kDE zEz 2 k k� t k dE � / 2 / / / k 3 I IL ( G 00 \o 2 0 \ R \ o 6 2 * e5 0 \ R � \ / \ � « f % M £ ? . \o k\ / § _ < c §f / §0 K LL � 7 � : ,f2 - � E §t ■�0.- ■ —u ma©aoa Efm£�£_ E° E° £ m [ m am 3 5 • @��o c 0 0 e° ®2 �� 2� o 2 a o e e2$ ® 2« ..6 � I\f§ o /E /e /■ U \�( y ®2 2 ■ «% c= 6 a %��U),\\ a a 3 E I f < e mf3 \� _ _ w (a o c� 04 r— \\kk%kK� ��t \$ Cl �_2� E °_ ~ E E« 5 2 2�i /� �� / /¢ Agenda Item No. 16E7 September 26: 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1GE7 Item Summary: Recommendation that the Board of County Commissioners approves award of Bid 06 -4024 Tire Services to Collier Tire & Auto Repair. Meeting Date: 9!2612606 9:00 00 AM Prepared By Dan Croft Fleet Management Director Date Administrative Services Fleet Management 918/2006 2:15:55 PM Approved By Dan Croft Fleet Management Director Date Administrative Services Fleet Management 91612006 2:14 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 9/11/2006 7:46 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 9111/2006 2:26 PM Approved By Steve Carnell PurchasinglGenerel Svcs Director Date Administrative Services Purchasing 911172006 2:47 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 911212006 11:50 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9!1212006 2:33 PM Approved By Laura Davisson Management& Budget Analyst Date County Manager's Office Office of Management & Budget 911312006 10:55 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9113;2006 11:46 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 9/13/2006 4:53 PM Agenda Item No. 16ES September 26, 2006 Page 1 of 16 EXECUTIVE SUMMARY Report and ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004 -15 for the third quarter of FY 06. OBJECTIVE: To receive approval from the Board of Commissioners for Property, Casualty, Workers' Compensation and Subrogation claims settled under the authority of the Risk Management Director during the third quarter of FY 06. CONSIDERATIONS: Resolution 04 -15 grants limited authority to the Risk Management Director to settle certain damages claims against Collier County and to authorize the payment of investigation and adjustment expenses as presented to the County's Risk Management Program. Authority is delegated as follows: Claim Type Delegated Authority Bodily Injury Liability- Premises, Auto, Operations Non- litigated claims less than $50,000 Non - litigated claims less than $75,000. Property Damage Liability Claims- (Note- A $75,000 limit is sought due to high Premises, Auto, Operations valued vehicles and the potential for multiple vehicle accidents.) Errors, Omissions, Professional Liability, Non - litigated claims less than $50,000 Employment Practices Liability Property Losses to County Owned Full authority Property Full authority subject to the provisions of F.S. Workers' Compensation 440 and subject to approval by the Judge of Compensation as needed Employer's Liability Non - litigated claims less than $50,000 Subrogation- Bodily Injury and Property Full authority to pursue non - litigated subrogation Damage recoveries. Subrogation- Workers' Compensation Full authority to pursue non - litigated subrogation recoveries. Pursuant to the Resolution, claims are settled and paid pursuant to the loss verification procedures contained in the Resolution which include the completion of claim forms, documentation of evidence, valuation, and the determination of a finding of liability where applicable. A listing of claims closed during the third quarter of FY 06 is attached. A valid public purpose is served through the delegation of settlement authority to the Risk Management Director to settle routine, administrative and minor claims matters in order Agenda Item No. 16E8 September 26, 2006 Page 2 of 16 to promote the efficient use of resources; to promote the efficient administration of the program; and to allow for a timely response to claimants and/or their representatives. FISCAL IMPACT: Funds are budgeted and available in Fund 516-121650-645920 (Property and Casualty Self Insurance Fund) and 518-121630-645928 (Work Comp Claims) for the payment of covered claims and settlements. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners accept the attached Settlement Report and ratify the actions taken therein. PREPARED BY: Jeff Walker CPCU, ARM, Risk Manager Director, Risk Management Department. co co cD wow --.� o N o � c7 Z N 0) a, mC n C cu -00- C Q m O O c 01 O v fo N Q Q o] In O^ N M M N N O d a' f-� N OD m N r N � O H N � M N M V l0 M M N m N N L C O N N o E m O 0 m L m Z E U X C d n O Y C O] 0 5 0 o m a a N O ¢¢11 N N a c m L G O d W ° O A ; > O C d C d O a O d N M O 52 Y y E d E m m °° c °> c 5 m a2f a$ v c m d y a 'c G m m o w c m c E 9 o L 1 5 E =m m r c y ° y m a L n E c a 0 d 5 QQf� .a c c 2 G m E t ct�� m m a M w a s 7 y E y � A C t0 y 't L O 0 a N O U L m C N O) C O m r = Ol N O 0 Z5 2 1E c m N m c m '° y m= d '° L -gL w 3 `° v >•. 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F- m C-4 of Of T af U x U ir X U� x m w m m x c aC.) od r x cu M 3 t() - o C to a o a� -4) m a c ° N N d (U N m m m0 (n N C 0 O N m U_ O O (U t (d O x A N Y O U > '>O -O y (U > 0 > E Q c y to c (A ° L m> 0 U) iom` a m m`mm moE L E> m 0 0 g? a 0 r 'C Z -O U U -OM m m it 0 m rn c tm ca m 'o '° -I' D1 m ft1 id m m c , m ^ > m (U •C rn m O M (Cc m Q 0 < 'c 0o f0 Y a Q � o o (� _ >> c m c o C7 0 c c U'am 0 m> co v o m m m m C7 aci o m m m a�0i m c O to w m CO) v E >> 'v 0) t ENM c E - °c' m•> N m m (n m o io O X O IX O O m o '> x m v Eoo �UOvU(nd'DCn00 C7dU�U o N C d ° w N E U` (°n m J oa = a m 0(n= c a c > 8 m c_o co =C c _O C = m c o CD m N U U m cu 0- 0 0 U d m 2 o 0 aa n N .r ooacj ?c c LO to Ln to m (np0OptoC)00toom000m0 (000� p O p C) O O a p p CO C) p p p p p o O p o p O N N N N O N O O O N O N N O O O O N N N T Q7 N (i7 — Qi C� N N- C� N r m O a _N N M to t� (� M M C�' M M i�4 4 a ;:, ; ;= t 3 r r 4 00nOOV W N�•(n O hO)ONM r.- C') V co O O m O O N N t_tMpp mp M Mp M �M_�pp �M�p 7 O p O O O O O O O O O O O O O O O O O O O O O p aaaaLaaaaaaaaaaaaaa�� N .0 E 'O m C m N a U C m m E a� a) U d rn C O STATE OF FLORIDA) COUNTY OF COLLIER) Agenda Item No. 1 FE8 September 26, 2F06 Page 10 ol 16 I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: Resolution 2004 -15 WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of January, 2004. DWIGHT E. BROCK Clerk of Courts•' Ex- officio to:' ^,sl.M-4. bT County Commis$ By: Linda Hout•' ' Deputy Clerk''° ... DATE RECEIVED JAN 2 0 2004 RISK WWGEMENT Agenda Item No. 1 'E8 September 26, 06 Page 11 16 RESOLUTION NO. 04 15 RESOLUTION GRANTING LIMITED AUTHORITY TO THE RISK MANAGEMENT DIRECTOR TO SETTLE CERTAIN DAMAGES CLAIMS AGAINST COLLIER COUNTY AND TO AUTHORIZE THE PAYMENT OF INVESTIGATION AND ADJUSTMENT EXPENSES AS PRESENTED TO THE COUNTY'S RISK MANAGEMENT PROGRAM. WHEREAS, Collier County Government, through the Risk Management Department, operates a risk management program as permitted pursuant to Florida Statutes 768.28 for the purpose of financing, preventing and controlling various types of losses and the claims resulting from same; and WHEREAS, the management of these losses and resultant claims may involve the coordination of Workers' Compensation, Property, Liability, Automobile, Aviation and other lines of insurance and /or self - insurance programs; and WHEREAS, the Board of Commissioners approves annually in public session the retention of various portions of these losses in the form of self - insured retentions, large deductibles or maintenance deductibles, by whatever name called, all of which involve the expenditure of public funds; and WHEREAS, the Board has approved the creation of various Self- insurance Funds as part of its budgeting process; and WHEREAS, the Risk Management Director is responsible for the day -to -day management of these Funds; and WHEREAS, it is the Board's intention to delegate to the Risk Management Director the authority to settle claims matters in order to promote the efficient use of resources; to promote the efficient administration of the program; and to allow for a timely response to claimants and/or their representatives; and WHEREAS, the Board finds that the limited delegation of settlement authority to the Risk Management Director serves a valid public purpose; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Risk Management Director, or his designee, shall have the authority to investigate and settle claims made against the County and presented to the Risk Management Program as follows: Definitions: Action (Cause of Action) - An Action shall mean a written complaint filed in a court of law of Florida, any other state, or the United States. Adjuster - An individual representing the County, an insurance carrier and/or the insured and acting on their behalf to determine the applicability of coverage; the amount of a loss; and the liability of the County. Claim- A demand for benefits as a result of damages made by a Claimant and /or their representative and as may be provided by a policy of insurance or self - insurance program. A Claim may include a written notice of demand and intent to sue as defined by Florida Statutes 768.28 and as required precedent to the filing of any Action. Damages- The amount required to pay for a loss. Deposition- A sworn statement of a witness or other party in a judicial proceeding. Agenda Item No. September 26, Page 12 Excess (Insurance) Carrier (Policy)- An insurance carrier, either on an admitted or non - admitted basis, who underwrites coverage on the basis of an excess of a self - insured retention. Employer's Liability- Coverage against common law liability of an employer for accidents to employees, as distinguished from liability imposed by a Workers' Compensation law. First Party- The Collier County Board of Commissioners, its Divisions, Departments, employees, Boards, Authorities and all other parties who derive their authority to operate from the Board of Commissioners. First Party shall also include participating Constitutional Agencies and their operations. Loss Adjustment Expenses - Expenses incurred to investigate and settle losses. Mediation- An informal means of trying to promote settlement of a dispute. It involves a third -party mediator who meets the parties to the dispute and tries to get them to agree on a settlement. Plaintiff - The term "Plaintiff" as used herein may refer to a party who has asserted a Claim, also sometimes referred to as a "Claimant ". Policy - The written contract effecting insurance, or the certificate thereof, by whatever name called, and including all clause, riders, endorsements, and papers attached thereto and made a part thereof. Property Loss- Loss to the insured's property by reason of a covered peril. Purchasing Policy- The Collier County Purchasing Policy as approved by the Board of Commissioners. Risk Management (Program) — The management of the pure risks to which a company might be subject. It involves analyzing all exposures to the possibility of loss and determining how to handle these exposures through such practices as avoiding the risk, retaining the risk, reducing the risk, or transferring the risk, usually by insurance. Self- insured Retention- That portion of damages and loss adjustment expenses related to an occurrence which are paid by the insured under an excess insurance policy. Settle /Settlement- Agreement to dispose of a Claim between an alleged injured party and an alleged party at fault, typically to include the payment of consideration, and including the execution of any associated settlement agreements. Subrogation - The right to recover from a third party the amount paid under an insurance policy or retained loss. Errors and Omissions- Coverage for liability resulting from errors or omissions in the performance of professional duties and includes the acts of public officials. Workers' Compensation (Act)- Chapter 440 of the Florida Statutes which establishes the Florida Workers' Compensation Act and includes a system of wage replacement benefits for and medical treatment of compensable work - related injuries and occupational diseases, as well as the Administrative Procedures governing the administration of the Act. Claims Against Collier County 1) Bodily Injury Liability Claims- The Risk Management Director shall have the authority to settle Claims that do not exceed $50,000 inclusive of Plaintiff's attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed shall require settlement approval by the Board of Commissioners. 2) Property Damage Liability Claims- The Risk Management Director shall have the authority to settle Claims that do not exceed $75,000 inclusive of Plaintiff's attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed shall require settlement approval by the Board of Commissioners. 2 16 Agenda Item No. JES September 26, 06 Page 13 16 3) Errors and Omissions, Professional, Public Officials Claims- The Risk Management Director shall have the authority to settle Claims that do not exceed $50,000 inclusive of attorney's fees, damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a Cause of Action has been filed shall require settlement approval by the Board of Commissioners. All settlements shall be subject to the Loss Verification and Expense Procedures contained herein. Property Losses Including Automobile Physical Damage (First Party) The Risk Management Director shall have the authority to authorize the -payment of property Claims to County owned property pursuant to the terms of coverage and subject to the Loss Verification and Expense Provisions contained herein. Workers' Compensation Claims 1) Workers' Compensation (exclusive of Employer's Liability)- Due to the administrative nature of Workers' Compensation Claims, the Risk Management Director shall have the authority to settle Claims issues, including petition for benefits issues, medical, indemnity, and impairment benefit issues including medical and indemnity washouts pursuant to Florida Statutes Chapter 440, subject to the final approval of the Judge of Compensation Claims, if applicable. 2) Employer's Liability- The Risk Management Director shall have the authority to settle Claims that do not exceed $50,000 inclusive of plaintiff's attorney's fees, - damages and expenses but exclusive of Loss Adjustment Expenses. Claims wherein a formal Cause of Action has been filed shall require settlement approval by the Board of Commissioners. Subrogation 1) Bodily Injury and Property Damage Claims- The Risk Management Director shall have the authority to pursue rights of subrogation on the County's behalf for damages incurred by the County and may enter into agreement to settle such Claims unless a Cause of Action is required to enforce the County's subrogation rights. If a Cause of Action is required, approval by the Board of Commissioners shall be required to bring such Action and the Board of Commissioners must approve settlement. 2) Workers' Compensation Claims- The Risk Management Director shall have the authority to pursue liens and/or rights of subrogation on the County's behalf for expenses incurred by the County which are caused by a third parry. The Risk Management Director may approve an agreement to settle such liens or Claims unless a Cause of Action is required to enforce a matter. If a Cause of Action is required, approval by the Board of Commissioners shall be required to bring such Action and the Board of Commissioners must approve settlement. Loss Adiustment Expenses The Risk Management Director shall have the authority to authorize the payment of Loss Adjustment Expenses necessary to investigate and settle Claims brought against the County. Such expenses shall include but not be limited to the cost to retain experts, pay records expenses, pay filing fees and costs, pay the costs of 3 Agenda Item No. 1 'E8 September 26, 06 Page 14 cl 16 depositions, procure private investigation services, perform records reviews and searches, procure bill review services, procure appraisals, and procure other expenses necessary to investigate, authenticate, or evaluate a Claim made against the County. The Board of Commissioners waives the Collier County Purchasing Policy as to these expenditures but such shall be subject to the Loss Verification and Expense Provisions contained herein. Loss Adjustment Expenses shall not include the hiring or retaining of outside counsel to represent the Board or individual employees named in a Cause of Action. The hiring of outside counsel shall be subject to the approval of the Office of the County Attorney and the Board of Commissioners. Loss Verification and Expense Provisions The Risk Management Director shall document each Claim file with the following documents and records to support the settlement of Claims and/or the finding of negligence on the part of the Board of Commissioners to support the settlement of claims as permitted pursuant to this Resolution. 1) The completion of a Claim Form. 2) The completion of an investigation form including witness statements, collection of evidence, pictures, diagrams, etc. 3) The collection of necessary documentation to approximate the value of the loss. 4) A written recommendation by the Risk Management staff member or the contracted Adjuster performing the investigation as to the issue of liability, Claim valuation, economy and efficiency, and or other reasons for the recommendation to settle within recommended amounts. 5) A written recommendation by legal counsel, in the case of proposed liability claims settlements in excess of $25,000.00, outlining the parameters for settlement. 6) A Closed File report will be presented to the Board on a quarterly basis as a Consent Agenda item to apprise the Board of settlements approved during the preceding quarter. The approval of Loss Adjustment Expenses shall be subject to the following provisions: 1) The Risk Management Director may approve the purchase of specialty services procured from vendors utilized by the Adjusting Company for their clients and when performed on the County's behalf to evaluate a Claim. The Adjusting Company shall disclose the estimated cost to provide the service prior to approval. The Risk Management Director may evaluate the cost/benefit of using same when evaluating the decision to settle a Claim. 2) If a service, document or thing is available from a single source, the payment of fees shall be permitted if such service, document or thing is necessary to authenticate the Claim. The Risk Management Director may evaluate the cost/benefit of this expenditure when evaluating the decision to settle a Claim. 3) The Risk Management Director may approve Loss Adjustment Expenses when the expertise or availability in a given area of expertise or service is determined by the Adjuster and the Risk Management Director to be narrow or limited or the availability of such service is limited due to geography and such expense is determined to be necessary to authenticate and evaluate the Claim. The Risk Management Director may evaluate the cost/benefit of this expenditure when evaluating the decision to settle a Claim. 4 Agenda Item No. 116 E8 September 26, 06 Page 15 4) If the County has exceeded its Self- insured Retention or has exceeded the notification requirements for an Excess Carrier as to the Self- insured Retention for a given Claim, the Risk Management Director, through the Adjusting Company shall coordinate the approval of expenditures with the Excess Carrier so as not to jeopardize the repayment of Reinsurance Funds. 5) The purchase of outside legal counsel services shall require the approval of the Office of the County Attorney and the Board of Commissioners. Settlement Documents The Risk Management Director, through the County's adjusting company and the Office of the County Attorney, shall prepare settlement and release documents for use in the settlement of non - litigated matters. Such documents shall be executed by the Risk Management Director upon settlement of the Claim in question, pursuant to the provisions of this Resolution. A copy of the standard form settlement document in blank is attached as Exhibit 1 and is approved as part of this Resolution. Deleciation of Authority The Risk Management Director may, at his/her discretion, delegate this authority in part or in full on a temporary basis to a member of his/her staff or on a temporary, limited basis to the County's contracted adjusting company in the event of availability, schedule conflict, or other conflict. Such delegation may include attendance at mediation, arbitration, and/or trial. However, all settlement and release documents must be executed by the Risk Management Director. This Resolution adopted after motion, second and majority vote, favoring same. DATE: i-13 - 2004 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTl'. D By: 17.� -.Vu CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Michael W. Pettit Chief Assistant County Attorney Agenda Item No. 16EB September 26, 2006 Page 16 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16ER Item Summary: Report and ratify Property. Casualty. Workers Compensation and Subrogation Claims settled andlor closed by the Risk Management Director pursuant to Resolution C 2004 -15 for the third quarter of FY 06. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Sheree Mediaviiia Risk Manager Date Administrative Services Risk Management 91812006 4:12:20 PM Approved By Jeffrey A. Walker. CPCU, Risk Management Director Date ARM Administrative Services Risk Management 9(1112006 3:32 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 911 21200 6 11:51 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13/2006 8:51 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 911312006 1:07 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/14/2006 3:40 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/14/2006 7:37 PM Commissioners Agenda Item No. 16E9 September 26, 2006 Page 1 of 4 Executive Summary Recommendation to spend $150,000 on the first stage of a multi - stage, multi -year effort to standardize the processes involved with the delivery of Capital Projects and to implement a computer system to assist County Project Managers, Project Number 75006 OBJECTIVE: To spend $150,000 on the first stage of a multi- stage, multi -year effort to standardize the processes involved with the delivery of Capital Projects and to implement a computer system to assist County Project Managers. CONSIDERATION: The work being proposed at this time is to implement an agency wide project management information system that will standardize and improve project management business practices and efficiencies in support of $200 to $300 million dollars in capital project spending per year. Additional background is available in Exhibit "A" (the Collier County Journal article from July 2006). In the initial phase of this project, business processes involved in Capital Project Management were mapped and documented. The implementation phase of this project has been funded in the FY07 budget at $760,000. In order to reduce risk, the implementation phase will be funded in stages. The first stage will deploy a group of process automation workflows to an initial group of project managers and associated personnel (not to exceed 50 licenses or named users in total). It is anticipated that full deployment of the project management information system will be a multi -year activity, with each stage designed to meet specific incremental goals. Staff reviewed the software application product offerings from a number of vendors including Skire, Constructware, Primavera, and Meridian Systems and evaluated each product against the County business needs. The County will procure the selected software and integration services from Skire Inc., under GSA Schedule 70 terms and pricing in accordance with prior Board directives (item 10F on September 12, 2006). The costs associated with this software purchase order and the initial phase of this project is not to exceed $150,000 ($75,000 for software and up to $75,000 for professional services). FISCAL IMPACT: The source of funds is a combination of the County Wide Capital Project Fund (ad valorem taxes), the Water / Sewer Operating Fund, and the Gas Tax Engineering Operating Fund and is available in the FY2007 project budget. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners authorize the County Manager or his designee to approve up to $150,000 in purchase orders for one year of a hosted software subscription, implementation services and software support under GSA Schedule 70. PREPARED BY: Ron Hovell, P.E., Principal Project Manager, Department of Facilities Management Agenda Item No, 16E9 September 26, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ..--�. Item Number: 16E9 Item Summary: Recommendatior to spend $150.000 on the first stage of a mulli- stage, multi -year effort to standardize the processes involved with the delivery of Capital Projects and to implement a computer system to assist County Project Managers, Project Number 75006 Meeting Date: 9126/2006 9:00:00 AM Approved By Michael Greene Project Manager Date Transportation Engineering 8 Transportation Services Construction Management 9/1112006 4:10 PM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 91121200610:53 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 9112/2006 11:09 AM Approved By Jose Dominguez Senior Tech Support Professional Date Administrative Services Information Technology 911212006 11:21 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 911212006 11:50 AM Approved By Simon Cleveland Application Analyst Date Administrative Services Information Technology 9112/2006 12:05 PM Approved By Joseph Delate Senior Project Manager Date Public Services Parks and Recreation 911212006 12:23 PM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 9112/2006 4:39 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 911212006 4:55 PM Approved By Kelsey Ward Contract Administration Manager Date Administrative Services Purchasing 9112/2006 5:29 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 911312006 3:04 PM Approved By Barry Axelrod Information Technology Director Date Administrative Services Information Technology 9/1312006 4:30 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/1412006 12:25 PM Approved By Len Golden Price Administrative Services Administrator Date .... -... Administrative Services Administrative Services Admin. 911412006 12:51 PM Approved By OMB Coordinator Administrative Assistant Date County rvlanager's Office Office of Management & Budget 9/1412006 1:44 PM Approved By Agenda Item No, 16E9 September 26, 2006 Page 3 of 4 Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 9118/2006 2:32 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911912006 8:44 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9I1912006 5:26 PM Commissioners Agenda Item No. 16E9 NEWS AND NOTES September 26, 2006 Page 4 of 4 County Develops Project Delivery Process 'ollier County's Capital Improvement Plans call for significant spending in order to keep pace with the County's growth. In order to find better, more economical, and Proje faster means for the delivery of capital projects on time and within budget, Collier County began an initiative in March 2006 to develop a more efficient project endorsed. This system will integrate existing County software applications while providing additional capabilities Collier Coanty ct Management Process Initiate Plan a,. Procure ' Close Manage the the Services! vera Deliverables the Project Project � Products � ��° Protect x Cattfltj' '`' Manage,. Perform , Project Pr �p r Changes Controls delivery process to be used by all Divisions. A cross - divisional project team consist- ing of County personnel from Trans- portation, Utilities, Facilities, Parks and Recreation, Office of Management and Budget, Information Technology and Purchasing, is leading this proj- -ct. The project team is supported by CH2M Hill, a national leader in project and construction managernent. Progress to date A high -level process and its support- ing sub - processes have been developed and endorsed by representatives from the different divisions. This process is intended to be utilized for most capital projects at the County. The process has been developed for traditional design and construction projects along with other non - traditional projects. One key feature of the process is to focus on proactive activities in the early stages of projects in order to reduce costly and reactive activities that typically occur in the latter stages of projects. Also, in support of the new Project Delivery Process, a conceptual design "~ for a Project Management Informa- tion system has been developed and that will streamline current project and contract practices. One key feature of the information system is the ability for interested parties to view the status of a project at any time. The detailed devel- opment of this infonnation system will begin in October, 2006 Upcoming activities To support the Project Delivery Process, cross - divisional teams have been formed to develop tools that are aligned with the major process steps. These standardized tools will include checklists, form templates, guidelines, and procedures. Training for the new process will be provided for County Project Managers and pilot project teams will also be formed to test and provide feedback about the new Proj- ect Delivery Process. Kim Grant Senior Operations and Management Consultant English - Spanish Lessons Over the years, Human Resources' staff has worked diligently to encour- age non - English and non- Spanish- speaking employees to attend free Eng- lish and Spanish classes. "For the longest time, we did not have many takers," said Teri Wides, career development pro- rents piloted workplace language classes for 17 non - English speak- ing participants and 12 non - Spanish speaking supervisors. As a result, all participants increased their comprehension of the non -na- tive language by a minimum of one level and a gram manager in the Human Resources Department, "so in early 2006, with the help of the Collier County School Dis- trict, we changed our approach and brought language classes to our work site." The HR and Road and Bridge depart- maximum of three levels. The classes focused on teaching language needed in the workplace, not social conversa- tion. Agenda Item No. 16E10 September 26, 2006 Page 1 of 8 EXECUTIVE SUMMARY Request that the Board of County Commissioners authorize the disposal of assets no longer deemed to serve a useful function or to have commercial value. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to authorize the disposal of assets no longer deemed to serve a useful function or to have commercial value in compliance with the requirements set forth under Florida law regarding the disposition of County assets. CONSIDERATIONS: In the Board of County Commissioners' agency, Board departments serve as custodians of their respective fixed assets. The Clerk of Courts Finance Division is responsible for inventorying and tracking these assets. The Board's Purchasing Department is responsible for managing the transfer and disposition of surplus fixed assets. Section 274 F.S. governs the disposition of surplus fixed assets. Subsection 274.06 requires that the authority to dispose of all assets be recorded in the Minutes of the governing board. Most dispositions of fixed assets occur through the sale of such items via public auction or by sealed bidding. In both instances, the Purchasing Department obtains approval from the Board to sell the respective items. Enclosed is a list of assets no longer deemed useful to County operations that are not considered to have commercial value. In order to ensure compliance with the referenced statute, staff is requesting Board approval to dispose of the items listed in the attached reports. Staff members from the Purchasing Department and the Finance Division are presently working on developing a policy formally authorizing the disposition of such assets. The policy will be presented to the Board for approval at a future meeting. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this work. RECOMMENDATION: That the Board of County Commissioners authorizes staff to dispose of the items listed in the enclosed report in compliance with Section 274 F.S. regarding the disposition of surplus property. PREPARED BY: Steve Carnell, Director, Department of Purchasing /General Services COLLIER COUNTY FIXED ASSET TRANSACTION FORM Complete for all donations and purchase acquisitions with individual values of $1, 000 or more andA ir4 c teveW, lit ter than bne year. Also complete for transfers or dispositions of all currently tagged fixed assets. Please retairut,1D)0gf {K-.2�and any other supporting documentation (i.e. police report, purchase order, insurance papers) for your reedrdg. DATE: i � S f'.d� -� � C(1 - DATE: V 1 Fund �b \ _ Fund Center Dept Name ro: 2E: Custodian's Name and Titl Signature Property Manager's Name and Title_';', Signature ;2� XFINANCE All Acquisitions, Corrections, intra-Counfy an infer - Agency Transfers other than to S us _ PURCHASING All Dispositions, including trade -ins and all Transfers to Surplus, including data processing equipment. Please forward copies to Finance FLEET All Motor Vehicle and Equipment additions or removals from Fleet maintenance. Please forward copies to Finance IT All BOCC Data Processing Equipment (maintained by l7) transactions, other than transfers to Surplus. Please forward copies to Finance transaction other than transfers to Surplus. Please forward copies MIS All CLERK Data Processing Equipment to Finance Asset # �B2\_— �S�SI� Barcode # Description X Year Serial Model Asset # TRANSACTION r Acquisition Complete section A Disposition Complete section C Transfer /Transfer to Surplus Complete section B *x Correction Complete section D �T�iIQQS`Q�ttn��Pl 4�t?9 Acquisition Date Vendor "PLEASE NOTE" All Motor Vehicle Titles and Certificates of Date of transfer New Fund New Department New Fund Center Deploying Technician (for data processing equipment only) New Custodian's Name and Title New Name and Title Purchase price pn it iin must reside in the Finance Dept. New Location Signature Signature Nat re of Disposition: Scrapped /Destroyed (if destroyed and insurance proceeds received, documentation from Risk Mgmt Dept or Insurance Company must be attached --can follow if not immediately available) [ ] RMAfTraded in --copy of trade transaction must be attached [ ] Sold [ ] Lost/Stolen- -copy of police report must be attached Purchasing Dept Approval Print Name �y _ .'�!"^ �r` � FAT+, "-:t d io ° °+ !i x? 'i'o'"WO..� a.. et .., Incorrect informatio Information should be ol_eetlIanagemeni Use,Only Dept Received For Date Received Date Processed Reviewed by Date Date For puiciasutg;_IT�e Om13' Sale Method Date of Sale Estimated Value of Asset Sale Amount Reviewed by Date Comments Agenda Item No. 16E10 September 26, 2006 Page 3of8 MAKE MODEL S/N CC JIT OLD TAG JUNK Dell GX110 DV85401 1735 5015 20011592 JUNK Dell GX400 4Q42411 1804 4530 20020528 JUNK Dell GX110 G7Q401 4290 JUNK Dell GX110 5340401 5041 20011889 JUNK Dell GX110 33DS401 914 4343 JUNK Dell GX110 64DS401 IJUNK Dell GX110 3LOR401 968 4042 IJUNK Dell GX110 F985401 977 4415 20011805 JUNK Dell GX110 PRC5401 1242 4259 JUNK Dell GX110 BSHQ401 1243 4389 JUNK Dell GX110 7ZHQ401 1782 4377 20011764 JUNK Dell GX110 CNHQ401 4231 JUNK Dell GX110 406R401 1929 4071 20011571 JUNK Dell GX110 8640401 1811 4271 ,JUNK Dell GX110 COJQ401 4082 JUNK Dell GX110 6LHQ401 4196 20011717 JUNK Dell GX110 32D5401 4336 JUNK Dell GX110 FDVS401 4518 JUNK Dell GX110 1306R401 2006 4072 20011569 JUNK Dell GX110 DHCR401 329 4004 20011700 JUNK Dell IGX110 ' 1 CVS401 2043 4748 ,JUNK Dell GX110 4QOR401 2010 4309 !JUNK Dell GX110 DOJ0401 4476 2049 JUNK Dell GX110 GH95401 1161 2865 JUNK Dell GX110 25DS401 1156 IJUNK Dell GX110 5HCR401 1153 20011485 JUNK Dell GX110 61848o1 1155 5052 20011806 JUNK Dell GX110 4NHQ401 1157 4221 20011624 JUNK Dell GX110 F185401 1162 4039 20011780 JUNK Dell GX11 D 25YQ401 1151 4265 20011484 JUNK Dell GX110 24D5401 1154 4333 JUNK Dell GX110 JP85401 20011751 JUNK Dell CRT MONITOR MX- 8G157476053A8B6TP __ JUNK Dell CRT MONITOR MX04131334774122650PV JUNK Dell CRT MONITOR MX08G157476053A8B6TX _ JUNK Dell CRT MONITOR MX07C50147801ACB4QH JUNK HP 4500 DN USBB358463 JUNK o co co o- wo 0 (D N O (N 0) 0) 0) O7 N Q) N fn to !n to OO '0 N N_ N_ to to 0- 7 a a d Q to °� r (0 in cn C E E 07 Q M M 0 7 7 7 7 O -p v � co .O O O O O >> �� O CO N> N N N >> skit aQan.a - N N Q c M O O !On u0i 0 W 0 OU U U to ` 0 0 0 0 0 0 0__ U O CT O) U - O O - O ' O .000000 EL 7 N N N C C �O 0 2 0 0) 0 0 0 -O N N 01 (n (n (0 W (0 N [0 0) N 0) 0) 0) N N 0 0) 0) d 0) 0) 0) 0) 0) 0) N N N 0 0 0) 0 0 0 0 N N N 07 0) 0) y} Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y to Vl D C C C C C C C C C C C C C C C C C C C C C N C C C C C C C C C C C 0 0 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 0 0 0 7 7 7 7 7 7 7 7 7 7 7 O C6 F m �a �a m m m m �a m m m �a m m m m m m m m �O m m m m m m m m m m m m W to W 0 W W to to 0 0 W W N 0 0 0 0 0 W N to 0 W to to W W W to W N 0 0 N W 0 W N to U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 aaaaaaaaaa0- aaaaa0- aaaaaaaaaaaaaaa0_aaaQaaaa (n (n to (n fn fn fn fn Ul fn (n to fn Vl u1 U N cn fA N N N_ N u7 N N to Ul t_n fn </J N N T N N - - N O - Cn U ❑❑❑ 0❑❑00❑0 ❑❑❑ MOO ❑❑❑ ❑0❑ ❑0 ❑00 ❑00 ❑0 con 0 ❑0 ❑0❑ 03 N 0) 45 d5 N 0) N 0) 0) N Oi in jo -0 -0 �O -0 .c in v, N in in in v, in in E E in in v, v, m in in v, in in in in (3) in W 0 a0i 0 nEi aEi aEi aEi nEi CO a 7 7 7 7 7 7 7 7 7 7 a) o o 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 o >> v�mv�mo�a�o�v�v�m> a0- CLMmmrnmrnrna�ma�o�o>rnrnarnmaQanaaaQ M 7 7 7 7 7 7 7 7 7 7 7 7 7 0) N 0) 7 7 7 7 7 7 7 7 7 7 7 7 7 7 4) 7 7 0 0 N 0 0 0 0 N �n QQQQQQQQQQ�cncncnQCQ aQQQQQQCQQacnQQcncncncncncncncn rn 0 w w to O LU Q C) I� fr U M Q Z W U J _1 W Q - O - > Y W Q Q Q m U' W W U Z00 Q < �ZQZ C7 ❑ W W W U LU W Y- 0 m Q Q C) Q Q Z Z W Z 0 ❑ S m -- S CO a a W < 0 Q W�� co 000 W� JQ��zn a W0Ow WQZQ +=' F-W O UUU W Z QQ�� Wpb , ZUQz W 0O �3:PPPPP �w NNN Q�i_Q> pa`LZOO N Z 0E-F- Z 0- p> rr> r � =SSS WY�w 2001 w WO -ZwQQ W N p2cncncncncn 0moC�C�C7 �2 W(n ��ZCn(n �N�= W W00 Z Q�zZZZZ u O�000> u }Qp❑ - ��QHF_ WrQU�ZW W- O 0 Er Q N O O O O o w 0 0 0 4fz-- W 0 Q W �I- ~ p X O U Q Q (� QF- F-aF- a�(n�Zcc QCD ZZZOw zJ Wcn W W Q W W Q ❑m JOf 0E 0 m WQZZZZzM0-Ew0r00_0_U00 ~-<2W mm�OQ of xN-11C71 -I- Z W U W W W W 2m Jw �— (/J(n- W ZD ZCrO W>J -Q W SS 00 N 0 0 0 0 U U W o F- 0 00 ~ W W W Of Q> M w Z-j 2 Y 0 0 r W W W LL W N O Q C Z❑ 0 ❑ ❑❑ u Z Z a IL O- p Q❑ y W co O= a Q Q J Om > z a a W O _O �mZZZZZ�InUOOaao o SO Q0 UJ(D www�NN<UQ ❑00�000Z CL C. 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, -5 QQQQQcnW U CD U 0 ° c m Elf C) O a z >1 00 Z O c O � U W U Z Q M w ❑ 0 a O wwwm io QW a � � U o Cr- � >- >- >-Q W OZ w _0 C�� ai m (D 0 m°6 o w xof of E E E U WWWm < :D > �-� �❑ p cn a a Ww a,fva) of u7 W wDpw wxZUo (7 Z ca U) (n a- fn W> m 0 222 m W -m z U OOOCL f06 a7 W C C COZ F- W O cr O W r Qf0wO w m ON °C cc C: C O ti N o Q X W fn fn fn r r tl 0 ti rn rn rn~- J ) cn f� uJ 0- ad W -rn -� Cl) cncnUZ m U- U- 0 OOONmO� F- cnTUOO 0 (n F-�Of 0 0 0� }> W 0 0 o Q p p ❑❑ O Z O O w r o `o `o o 0Q << <w0>02 O wLLI W T o o vU W( n U U X N N W W W W a J W Z O W❑ T yF- F- - F -U F -_ -i:L a1-O > m: 2: aaaF- a7Q QQ —�QW WO W QU C/) C) W V fnp0N 0c 002im000mo, co> a M,X000QUr (D N (D O co r- 00 (D O � E r N f- O _ O � (n 000 O N � CD 00000OOcoNONO 0 Lo ti O O r M O M N O rO a) > 0) (D U) d- M fn fD N f` -SN CD (0 r N Q7 OS Q) 0 0 0 0 r 0 0 N 0 0 0 O O O O N m M M O M N rl' 0 0 0 0 0 0 O O ON Q Z 007 O M M O m M M CVO O M 000 M M E O 0 (D 0 0 co 0 co m CD 0 00000000(D000 N co 0 0 w 0 0 fD 0 O w0000000 O 0 0 0 0 0 0 0 0 0 0 0 0 0 N (V N N N N N N N 0 0 0 0 U 0 0 0 0 0 0 0 0 0 N O CV N N CV N N N l�6 O M M C� M M M M �=- (O l) In X MO r 0 U- w 0 aD 0 00 O a0 80 fb a 6 67 OS W (D ti iz� 00 W Lb t0 O 00 Agenda Item No. 16E1Q September 26. 2DD6 Page 6 of E COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E10 Item Summary: Request trot the Board of Coa.;nty Commissioners authorize the disposal of assets no longer deemed to serve a useful function or to have cornrnercial value. Meeting Date: 9 ±26'2006 9:OC:00 AM Approved By Steve Carrell P u rch asingl General Svcs Director Date Administrative Services Purchasing 911412006 9:54 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Adm in. 9114/2006 12:55 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 971412006 2:01 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 9115!2006 9:48 AM Approved By Michael Snrykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9115+2006 3:11 PM Approved By .lames V. Mudd County Manager Date Board of County County Manager's Office 9!19;2006 2:26 PM Commissioners Agenda Item No. 16E11 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a $362,263.14 budget amendment from a prior fiscal year to cover expended funds for the Naples Jail and Parking Garage Project No. 62008 OBJECTIVE: To obtain approval of a $362,263.14 budget amendment from a prior fiscal year to cover expended funds for the Naples Jail and Parking Garage Project No. 52008. CONSIDERATIONS: On September 20, 2005 (Fiscal Year 2006) a goods receipt was prepared to pay Kraft Construction $363,321.95. On October 1, 2005, Finance rolled forward the FY05 unspent project budgets to the new fiscal year (FY06). At this time, the $363,321.95 goods receipt for Kraft Construction was considered spent. Then, on October 12, 2005, the goods receipt was canceled, increasing the available budget in FY05 instead of FY06. Eventually Kraft Construction was paid and the expenditure posted to FY 2006. However, this now created a short fall in the Naples Jail and Parking Garage Project No. 52008. In addition a $1,058.80 payroll accrual transaction for FY2005 was done after Finance rolled forward FY05 unspent project budget. These actions resulted in $362,263.14 being available in FY2005 which needs to be corrected. FISCAL IMPACT: A budget amendment is needed to recognize $362,263.14 ($363,321.95 less $1,058.80) in Carry Forward Revenue and to increase the Naples Jail and Parking Garage project costs by the same. These funds are sourced by Impact Fees. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners approves a budget amendment in the amount of $362,263.14 to cover costs as outlined above to the County Jail and Parking Garage Project No. 52008. PREPARED BY: Becky Erickson, Fiscal Technician 11, Department of Facilities Management Agenda Item No. 161111 September 26. 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E11 Item Summary: Recommendation to approve budget amendment for $362,263.14 to cover expended'unds for the Naples Jail and Parking Garage Project No. 52008, Meeting Date: 912612006 9.00.00 AM Prepared By Rebecca S. Erickson Accounting Technician Date Administrative Services Facilities Management 911312006 3:05:15 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 9113/2006 4:09 PM Approved By Ron Hovell Principal Project Manager Date Administrative Services Facilities Management 9/13/2006 4:49 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 90412006 12:54 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911412006 2:01 PM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 9/1812006 2:37 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9118/2006 2:46 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 911812006 7:29 PM BUDGET AMENDMENT REQUEST For BudgetlFinance Use Only BA# ................._ ........... JE# ....................... . ......... BAR # .............................. A P.H. Date ....................... Fund Number Fund Description Date Prepared: 9/12/06 Approved by BCC on: Attach Executive Summary Item No.: 16 E Expense Budget Detail Fund Center Title: WBS Element Title: Naples Jail & Parking Garage Agenda Item No. 16E11 September 26, 2006 Page 3 of 4 Fd Ctr No.: WBS No.: 520081 (Provide the Fund Fund Center Center or W ti5 WBS Element 520081 element mrormauon, Commit Item 762100 n iN uui iuju Commitment Item Description Building & Improvements Increase (Decrease) 362,263.14 Current Budget 1,064,843.71 Revised Bud et 1,45,106.85 ')c'l i n lret t-.nange to nuugut —•- Expense Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (Provide the Fund Fund Center Center or wBN WBS Element element imormauon, Commit Item I I� IIVI I U I I «, ,V Commitment Item Descri tion ••• I Increase (Decrease) Current Budget Revised Budget lvet Lnange to nuugei Expense Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: (Provide the Fund Fund Center Center or wti�) WBS Element element mtormauon, Commit Item 11 I � I- 1 G Commitment Item Description Increase (Decrease) Current Budget Revised Budget ivet L tiange to tsuugei Revenue Budget Detail Fund Center Title: Agenda Item No. 16E11 September 26, 2006 Page 4 of 4 Fd Ctr No.: WBS Element Title: Reserves WBS No (Provide the Fund Center or WBS element information: it is not reauired to nrnvide hnth i 993811 Fund Center WBS I Element Commit Item Commitment Item Descri tion Increase (Decrease) Current Budget Revised Budget Agency Manager: 993811 489201 Carryforward 362,263.14 5,513,233.35 5,875,496.49 B.A. No.: Net Change to Budget 362,263.14 EXPLANATION Why are funds needed? An unfortunate sequences of events in October 2005 shorted the Naples Jail and Parking Garage project. On September 20, 2005 (Fiscal Year 2006) a goods receipt was prepared to pay Kraft Construction $363,321.95. On October 1, 2005, Finance rolled forward the FY05 unspent project budgets to the new fiscal year (FY06), at this time, the $363,321.95 goods receipt for Kraft Construction was considered spent. Then on October 12, 2005, the goods receipt was canceled, increasing the available budget in FY05 instead of FY06. Eventually Kraft Construction was paid, the expenditure posted to FY 2006, creating a short fall in the Naples ~~ Jail and Parking Garage Project (52008). In addition a $1,058.80 payroll transaction was back dated into FY 05, after finance rolled forward the FY05 unspent project budget. Where are funds available? Recognize Carryforward in the amount of 362,263.14 REVIEW PROCESS Cost Center Director: DATE Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: Agenda Item No. 16F1 September 26, 2006 Page 1 of 104 EXECUTIVE SUMMARY Recommend Approval of three (3) Tourist Development C -2 Grant Applications and corresponding Tourism Agreements with the Children's Museum of Naples, Inc. ($175,000), Naples Art Association, Inc. ($38,000) and Naples Botanical Garden, Inc. ($112,550) for a total of $325,550 OBJECTIVE: Recommend approval and authorize the Chairman to sign Tourism Agreements with The Children's Museum of Naples, Inc. ($175,000), Naples Art Association, Inc ($38,000) and Naples Botanical Garden, Inc. ($112,550) CONSIDERATIONS: The annual cycle of Tourist Development Council (TDC) requests for funding produced three grant applications for Category C -2, Non - County Owned Museums funding. Each of the requests has been reviewed by a panel of tourism industry judges and the Tourist Development Council (TDC). Cateeory "C -2" Grant Applications: 1 Children's Museum of Naples, Inc. for Museum Preview Center- $175,000 Summary: The Children's Museum of Naples, Inc. is a 501 -c -3 Florida not - for -profit corporation and is planning a 2008 opening of their new facility as a part of the new North Collier Regional Park complex. They wish to establish a Preview Center to begin educating the traveling public about the new facility. The Center project will include a permanent exhibit that will become a part of the completed building and a traveling exhibit that will be used in area schools to promote the new facility. The Children's Museum Board has indicated that the required matching funds will come from their own treasury as well as in -kind contributions from Kraft Construction. The original request was for $250,000, but the TDC on May 22, 2006 recommended funding $175,000 for marketing expenses and for a traveling exhibit on a 4/3 vote. The Children's Museum is a member of the American Association of Museums and is eligible for funding in this category. 2. Naples Botanical Garden, Inc. for Exhibits and Marketing- $112,550 Summary: Naples Botanical Garden, Inc. is a 501 -c -3 Florida not - for - profit corporation and has requested and has been granted funding for the past five years ('01 - $500,000, '02 - $500,000, '03 - $366,500, '04 - $217,650, '05 - $207,100). Each year the funding requested has reduced and the use of funds has evolved from facilities development to the current expenditures for marketing activities. The funding requested for FY 07 is for a new exhibit called "Flower Showcase ", for a traveling exhibit called "Dinosaurs in the Garden - Jurassic Jungle ", and for the annual Marketing and Promotion Plan to support out -of -area media, web site enhancement, and group tour and spouse programs in conjunction with area meetings and conferences. The original request was for $225,100, but the TDC on May 22, 2006 recommended funding at $112,550 on a 6 -1 vote. Naples Botanical qualified as a museum and is eligible for funding in this category. Agenda Item No. 16F1 September 26, 2006 Page 2 of 104 3. Naples Art Association, Inc. for Marketing and Promotion Materials- $38,000 Summary: The Naples Art Association, Inc is a 501 -c -3 not - for - profit Florida Corporation and is housed at The von Liebig Art Center. They host a regular schedule of exhibits and events and their education programs include various workshops with well known artists and a children's art series. Special events include Art in the Park, the Naples National Art Festival and the Haldeman Creek Art Festival. They use targeted printed collateral, print and broadcast advertising, outdoor signage, PR and media relations, web site and e- newsletter to reach a broad audience to promote the activities and exhibits. The Naples Art Association has requested promotional funding assistance for several of their events and to enhance their web site. The original request was $150,000 but the TDC on June 26, 2006 recommended funding $38,000 for targeted marketing expenses and web site enhancement on a 4/1 vote. The Association has applied to the State of Florida for museum status for the von Liebig Art Center. The County Attorney requests that the BCC acknowledge that the von Liebig Art Center qualifies as a museum and that the expenses will promote tourism in Collier County. ADVISORY COMMITTEE RECOMMENDATIONS: The Tourist Development Council (TDC) has recommended the above funding amounts at their May 22 and June 26 meetings. COUNTY ATTORNEY FINDING: The County Attorney reviewed the above grant applications and has indicated that each qualifies for category C -2 tourist tax funding if the BCC designates that each of the facilities are a museum and that the funding will promote tourism in Collier County. FISCAL IMPACT: Category "C -2 ", Non - County Owned Museum requests are funded from Fund 193. Sufficient funds are budgeted within the proposed FY 07 budget to cover the requested grant applications ($325,550). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Approval of Tourist Development C -2 Grant Applications and authorize the Chairman to sign the corresponding Tourism Agreements with the Children's Museum of Naples, Inc. ($175,000), Naples Art Association, Inc. ($38,000) and Naples Botanical Garden, Inc. ($112,550) for a total of $325,550. PREPARED BY: Jack Wert, Tourism Director Agenda Item No. 16F1 September 26; 2006 Page 3 of 104 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F1 Item Summary: Recommend approval and authorize the Chairman to sign Tourism Agreements with The Childrens Museum of Naples, Inc. ($175,000), Naples Art Association, Inc ($38,000) and Naples Botanical Garden, Inc. ($112,550) Meeting Date: 9 /26/2006 9:00:00 AM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 8124/2006 8:02 AM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 8/24/2006 8:37 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 8124/2006 1:48 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 8/24/2006 4:13 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 8/29/2006 11:04 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 8/2912006 12:23 PM Agenda Item No. 16F1 September 26, 2006 Page 4 of 104 2007 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CHILDREN'S MUSEUM OF NAPLES, INC. THIS AGREEMENT, is made and entered into this day of , 2006, by and between the Children's Museum of Naples, Inc., a Florida not - for -profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan ") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not - for - profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for assistance with future Exhibitions, educational programs, festivals, special events or other promotional activities; and WHEREAS, The Tourist Development Council has recommended this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Collier County Government Tourist Development Council Grant Application, Special Category "C -2" Museum Grant and supporting documentation dated April 14, 2006, attached hereto as Exhibit "F ", the GRANTEE shall expend the funds for a Preview Center, to include, but not be limited to, Marketing Expenses, to include, but not be limited to, print advertising, web campaign through websites and direct mail; Permanent Exhibit Costs, to include but not be limited to, design fees, fabrication costs, and materials and equipment; and for Traveling Exhibit Costs, to include, but not be limited to, design fees and fabrication costs (hereinafter "the Project "). 1 Agenda Item No. 16F1 September 26, 2006 Page 5 of 104 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of One Hundred Seventy -Five Thousand Dollars ($175,000), Seventy -Five Thousand Dollars ($75,000) for Marketing Expenses, Seventy -Five Thousand Dollars ($75,000) for the Permanent Exhibit Costs and Twenty -Five Thousand Dollars ($25,000) for the Traveling Exhibit Costs. The GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of Exhibit "D" attached hereto and made a part hereof, and shall submit invoices to the Executive Director of Naples, Marco, Everglades CVB or his designee for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of Naples, Marco, Everglades CVB or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "F" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit F ". 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2006 and September 30, 2007. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: 2 Agenda Item No. 16F1 September 26, 2006 Page 6 of 104 (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of Naples, Marco, Everglades CVB or his designee within ten (10) days of the approval of this Agreement by the COUNTY. The GRANTEE shall not commence activities hereunder which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed.. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a Preliminary Status Report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a quarterly Interim Status Report on the form attached hereto as Exhibit `B ". (c) GRANTEE shall provide to County a Final Status Report on the form attached hereto as Exhibit "C" no later than November 15, 2007. (d) The report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. 6. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 7. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. 3 Agenda Item No. 16F1 September 26, 2006 Page 7 of 104 (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 8. INDEMNIFICATION: To the maximum extent permitted by Florida law, the GRANTEE shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 9. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Joe Cox, Executive Director Children's Museum of Naples, Inc. P. O. Box 2423 Naples, Florida 34106 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director El Agenda Item No. 16F1 September 26, 2006 Page 8 of 104 Naples, Marco Island, Everglades CVB 3050 N. Horseshoe Drive, Suite 218 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 10. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 11. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 12. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 13. If GRANTEE fails to complete the activity budgeted under Paragraph One (1) herein during the term of this Agreement, GRANTEE shall repay to the COUNTY all funds expended by the COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the incompleted activity was sufficiently performed to justify the use of tourist development tax funds. GRANTEE may request an extension of time of up to twelve (12) additional months to complete the Project with the express consent of the Collier County Board of County Commissioners. 14. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 5 Agenda Item No. 16F1 September 26, 2006 Page 9 of 104 15. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. 16. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 17. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 18. TERM: This Agreement shall become effective on October 1, 2006 and shall remain effective for one (1) year until September 30, 2007. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 19. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one (1) year. 20. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of Naples, Marco, Everglades CVB or his designee, along with a final budget analysis by November 15, 2007. 21. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as sponsors. 22. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. 1.1 ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency (Printed Name) Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Agenda Item No. 16F1 September 26, 2006 Page 10 of 104 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Frank Halas, Chairman GRANTEE: CHILDREN'S MUSEUM OF NAPLES, INC. :• Printed/Typed Name Printed /Typed Name 7 Agenda Item No. 16F1 September 26, 2006 Page 11 of 104 - EXHIBIT "A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the followinq questions and attach it to your application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel rooms nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of- county advertising, marketing, and /or public relations that will be used in support of the project. E:3 Agenda Item No. 16F1 September 26, 2006 Page 12 of 104 EXHIBIT "B" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: Interim Status Report TITLE: PHONE: FAX: On an attached sheet, answer the following questions to identify the status of the proiect. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? 9 Agenda Item No. 16F1 September 26, 2006 Page 13 of 104 EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an attached sheet, answer the followinq questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 Agenda Item No. 16171 September 26, 2006 Page 14 of 104 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM TO REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET TOTALS REIMBURSEMENT REQUESTED NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE EXHIBIT "E" 11 Agenda Item No. 16F1 September 26, 2006 Page 15 of 104 VISITOR QUESTIONNAIRE Thank you for taking the time to complete the following questions. This information will afford us the opportunity to better serve the needs of Collier County visitors. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU STAYING? HOTEL FRIENDS CAMPGROUND NAME OF HOTEL AND CITY: NAME OF CAMPGROUND: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS YOU WILL STAY = HOW DID YOU SELECT THE HOTEL /CAMPGROUND? INTERNET YOUR CHOICE TRAVEL AGENT OTHER: NUMBER OF MEALS YOU OR YOUR GROUP will eat out. (Please provide a number determined by the number of people in your party times the number of days of your visit times the number of meals that will be eaten out each day.) = AREA ATTRACTIONS YOU PLAN TO VISIT: (Please Circle) Caribbean Gardens, Naples /Marco Corkscrew Swamp Naples Pier The Zoo in Naples Princess Sanctuary The Conservancy's Water Everglades National Everglades Airboat Nature Center sports /Parasailing Park Tour Rookery Bay Teddy Bear Museum King Richards Fun Seminole Casino Park Fakahatchee Strand Lake Trafford Other: Please name Delnore - Wiggins Preserve below State Park PLEASE REFER TO OUR COLLIER COUNTY BROCHURE FOR LOCATION OF AREA ATTRACTIONS. 12 Agenda item No. 16F1 September 26, 2006 Page 17 of 104 14 Agenda Item No. 16F1 September 26, 2006 -Page 18 of 104 'mon a 41, COLLIER COUNTY GOVERNMENT TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION SPECIAL CATEGORY "C" MUSEUM GRANT I GENERAL INFORMATION To assist us in evaluating the impact your project may have on Collier County and to better understand what support you are requesting, these questions must be answered in full. 1. NAME OF ORGANIZATION: Children's Museum of Naples 2. NAME OF PROJECT: 3. PROJECT INFORMATION: "Museum Preview Center" ADDRESS: Children's Museum of Naples PO Box 2423 Naples, FL 34106 4. CONTACT PERSON: Joe Cox, Executive Director 5. COMPLETE ADDRESS OF ORGANIZATION: STREET: PO Box 2423 CITY: Naples ST: FL ZIP: 34106 PHONE: (239) 784 -1879 FAX: (239) 434 -7401 6. CHIEF OFFICIAL: Julie Koester TITLE: Board President Address: 454 Palm River Blvd., Naples, FL 34110 PHONE: (239) 404 -7881 FAX: (239) 434 -7401 7. TYPE OF APPLICANT: (X) NON - PROFIT ( ) GOVERNMENT AGENCY ( ) FOR- PROFIT ORGANIZATION 8. GRANT AMOUNT REQUESTED: $250,000 9. MATCH /LOCAL COST SHARE AMOUNT: $250,000 10. PROJECT TYPE (CHECK ONE) (X) MUSEUM EXHIBIT 11. IF ENTIRE REQUEST CANNOT BE FUNDED, MAY THE PROJECT BE RESTRUCTURED WITH LESS TDC FUNDING? (X) YES ( ) NO Grant / TDC06 -07 / Application Children's Museum of Naples 4 Agenda Item No. 16171 September 26, 2006 Page 19 of 104 12. PROJECT DESCRIPTION: describe in detail the project for which funding is requested The proposal is being made to the Collier County Tourist Development Council. The TDC allocates a percentage of the Tourist Tax to, "Non - County Owned Museums that are owned and operated by not-for-profit organizations and open to the public ". As such, the Children's Museum of Naples is eligible for funding. Funding is being sought under the project type, "Museum Exhibit" to fund the Museum Preview Center for the Children's Museum of Naples. The project will focus on the plans to bring a 25,000 sq. ft. interactive museum for children and families to the North Collier Regional Park. The Preview Center will be a converted construction trailer that will be used as part of a pre - opening marketing campaign for the Children's Museum of Naples and will be marketed to out -of- county Convention & Visitors Bureau, travel writers as well as tourists. It is anticipated that the Children's Museum will open in 2008 and will have a significant economic impact on Collier County. Museum Preview Center The temporary exhibit will be in a 1200 square -foot Preview Center located at the Children's Museum of Naples site in the North Collier Regional Park. This exhibit will be housed in a refurbished construction trailer (similar to sales centers for residential developments) and will feature scale models of the museum and the exhibits as well as a stunning video preview of the Children's Museum. The exhibit will also include renderings of the exhibits and a series - of hands -on activities. Children's Museum volunteers will be trained to enhance the experience of visitors to the exhibit. The Preview Center will also act as the offices for staff during the construction of the Museum building, allowing for guided hard hat tours to occur. This exhibit will be a preview of the Children's Museum of Naples exhibits including; • At the Beach: Experience sea life and marine biology in an air - conditioned environment. • World Cafe: Celebrate the diversity of culture in Collier County and the wider world. • The Banyan Tree: Climb this two-story tree; explore the tree house high in the canopy. • Beautifully Outdoors: Wander a maze, watch performances in an amphitheater. • The Company Farm: Use imagination and teamwork to investigate a farm and market. • The Four Seasons: Visit Mother Nature's house and experience four different seasons. • Journey through the Everglades: Explore the sights, smells and sounds of the 'Glades. • Lizard Lounge: Designed for pre -teens to express their individual artistic creativity. • Space Kidettes: Space exploration of an alien planet as imagined by children. • The Street Art Studio & Gallery, Construction Zone, Naples Trolley and Hall of History. • infant / Toddler Areas: Three speck areas for our youngest visitors (and their parents) Traveling exhibit A traveling version of Museum Preview Center will be available for loan to other museums and cultural institutions throughout the state of Florida. The traveling exhibit will feature stunning banner stands and scale models of the exhibits. The exhibit will promote the importance of connecting play with learning. Children's Museum curriculum specialists will insure that appropriate district; state and national standards are incorporated into the design of the Museum Preview Center exhibit and the accompanying lesson plans. Grant / TDC06 -07 / Application Children's Museum of Naples 5 Agenda Item No. 16F1 September 26, 2006 Frno age n 20 of 104 13. VISUAL PLAN FOR PROJECT: Provide a 3x5 photograph, drawing, or conceptual view of the property, site or exhibit. View of the Children's Museum of Naples 14. ANNUAL MAINTENANCE: If applicable, what is the anticipated cost of annual maintenance of the historic property, site, marker, exhibit or program upon completion of the project? Who will be responsible for annual maintenance and what is the source of on -going funding? The Children's Museum of Naples Preview Center is projected to have an annual maintenance cost of $50,000. The Children's Museum of Naples is directly responsible for this maintenance. Once the Children's Museum opens to the public in 2008 the contents of the Preview Center (scale models, video presentations and furnishings) will be incorporated into the new museum. 15. APPLICANT'S GRANT HISTORY: Have you received previous grant assistance from the Collier County Tourist Development Council? No 16. PROJECT TIMELINE: The project begins on Oct 1, 2006 and ends by Sept 30, 2007. 17. MATCHING FUNDING SOURCES: List the sources & amounts of matching funds. Children's Museum of Naples $150,000 Kraft Construction (in -kind) $100,000 TOTAL MATCHING FUNDS: $250,000 Grant / TDC06 -07 / Application Children's Museum of Naples 6 Agenda Item No. 16F1 September 26, 2006 Wage 21 of 104 r�moll 18. Provide a brief explanation of the Direct Economic Impact this project will have on the surrounding community. According to the recent study' compiled by the Florida Department of State the economic impact of the cultural arts industry (including museums, performing arts centers and festivals) totals $2.9 billion on Florida's gross state product each year. The Department of State study indicated that the average out -of -state cultural tourists spend more time and money and are more likely to shop, pay for lodging and travel by air than those tourists who do not include cultural destinations in their plans. The average cultural tourist spent an average of $588.30. By applying the economic impact formula of $1.00 invested in cultural institutions translating into a $3.00 reinvestment the Children's Museum of Naples (with a projected operating budget of $1.4 million upon opening in 2008) would bring over $4 million to Collier County. According to the Association of Children's Museum data more than 30 million individuals annually visit children's museums in the United States. The Children's Museum of Naples will be one of over 130 children's museums nationally that participate in a reciprocal membership program that honors memberships within the reciprocal network. Families from across the United States will be encouraged to visit Naples as they will be able to use their museum membership to visit the Children's Museum of Naples free of charge. The `U.S. Family Travel Guide 2 with Parenting magazine ranked several children's museums as top destinations by child appeal; increasingly, families are planning vacations based around activities for their children. The Children's Museum will work with the local Convention & Visitors Bureau to market Naples as a family- friendly destination. A community that attracts cultural tourist stands to harness significant economic rewards3 19. What is the current or anticipated annual visitation to your projectlfacility? Current: Not yet open Anticipated: 75,000 Based on an extensive economic study including a review of local cultural attractions, Florida museums and children's museums in similar sized communities it is conservatively anticipated that the admissions to the Children's Museum of Naples will be 75,000. There will be additional programs in the form of school field trips, scout programs, teacher training and other tours. It is estimated that 10% of paid admissions will be out of county visitors. The following table indicates attendance projections. -Program 2008 2009 2010 2011 Paid, Free & Member Admissions4 75000 70300 73150 76100 Onsite Programs Additional 19000 25180 34570 36080 Offsite Programs 6000 7000 8218 8236 TOTAL ATTENDANCE 100000 1102480 1115938 11204161 1 Florida Department of State (2005) "Return on Investment: Florida's Cultural Historical & Library Programs' 2 A Zagat Survey' publication 2004 3 Cohen et al. Arts & Economic Prosperity. The Economic Impact of Nonprofit Arts Organizations. Washington, DC 2002 4 Representing 48,000 paid admissions, 15,000 member admissions and 12,000 free scholarship admissions Grant / TDC06 -07 / Application Children's Museum of Naples 7 Agenda Item No. 16F1 September 26, 2006 age 22 of 104 MOVN (2) What services does your organization provide? The Children's Museum will reaches a broad and diverse audience by carrying out its mission to, "Provide an exciting, inspiring environment where children and their families can play, learn and dream together " Partnerships with organizations such as the Collier County Public School System, the Association of Children's Museums, the Florida Association of Museums, the Girl Scout Council of Southwest Florida and the National Center for Missing & Exploited Children will enable the Children's Museum to be successful. The Children's Museum will provide an integrated educational experience based on increasing public awareness of the importance of connecting play with teaming. The educational programs support the mission by exhibiting and interpreting subjects including the natural environment, world cultures and space exploration to a diverse audience. Additionally partnerships are being formed with visitor bureaus, tourist information centers, local Chambers of Commerce, universities, colleges, retirement communities, the hospitality industry, churches, tour group coordinators, after school programs, local wildlife artists, civic associations and the media to reach both general and specialized audiences. The Children's Museum is a member of the American Association of Museums (and will be seeking accreditation), Association of Children's Museums, Florida Association of Museums as well as the United Arts Council of Collier County, the Collier Environmental Education Consortium. The Children's Museum Director founded the Museum Association of Collier County, a group formed with the long -term goal of promoting the cultural destinations of Collier County. The Children's Museum Director currently serves on the Board of the Florida Association of Museum and is a Fellow of the Smithsonian Institution. The Children's Museum Education Council was formed in 2002 to develop the education plan for the institution. The Council includes Collier County Public School principals, curriculum coordinators, administrators and teachers as well as representatives from FGCU, private schools and the scout councils. Completed in December 2005 the "Five Year Education Plan" outlines the implementation plan for education programs beginning in 2006; Program 2006 2007 2008 2009 2010 Community Outreach Volunteer Program '�- Museum Visitors '1-- Teacher Training I Educator Programs 'w- After School & Camp Programs Field Trips Parenting Programs Early Childhood Education Scout Programs al•- 'i- '�- Discovery Trunks '1- 'f- Traveling Exhibit Tours Overnight Programs 'l• '� Offsite Expeditions Grant / TDC06 -07 / Application Children's Museum of Naples 9 Agenda Item No. 16171 September 26, 2006 Page 23 of 104 ,r Children's Museum Exhibits The Children's Museum of Naples will include 15,000 sq. ft. of exhibit space that will include experiences based on the arts, sciences and history. Exhibits include; • The Street. Most of the ground floor is an interactive learning experience that encourages role play. Visitors can be artists in the studio, explore the seasons in 'Mother Nature's House' and build on our construction site. Global cultures are explored in World CafL' while children can learn about agriculture in 'The Farm & Produce Market'. Throughout the year 'The Street' is home to a variety of festivals from the Children's Museum Art Festival to Chinese New Year (designed to encourage repeat visitors to the museum). • Journey through the Everglades: The museum's most visually dynamic exhibit allows visitors to explore Collier County's national park. Over the course of an hour theatrical sound and lighting creates the illusion of a day in the Everglades. From sunrise to sunset visitors will experience animal sounds, the rumble of afternoon storms and twinkling stars. Collier County has a wide variety of environmental experiences; these are full explored within the Children's Museum of Naples. • Beautifully Outdoors: The 'Beautifully Outdoors' incorporates exciting elements of play including an amphitheater (for theater productions and musical performances), an interactive water play area as well as a labyrinth. The outdoor space also includes elements of traditional play in the form of hoops, tricycles and hopscotch. The outdoor space will also be used to hold regular festivals and host outdoor traveling exhibits that will attract visitors to the museum. • Traveling Exhibit Gallery: The museum includes a 2,500 sq. ft. gallery specifically designed to host touring national exhibits. Beginning in 2009, each year the Children's Museum will bring two 'blockbuster' exhibits to Collier County from institutions such as the Smithsonian, the Field Museum or the Jane Goodall Institute. Much like the King Tut exhibit at the Fort Lauderdale Museum of Art, these exhibits will generate out -of- county tourism. The one exhibit will be scheduled to promote off - season tourism. (3) How will your organization monitor expenditure of funds? The Children's Museum has a budgeting procedure that involves staff and the Board of Directors. Budget meetings between the Director and Boards are held quarterly. These meetings are opportunities to review the year to date budgets. Grant funds are monitored by assigning a specific temporarily restricted account code in the budget; the Director must approve any expenditure to the account. The Director prepares an operational plan (including capital expenses) that describes activities for the coming fiscal year. The organizational accountant (a certified CPA with extensive budgeting and auditing experience) is responsible for providing budget updates to the Children's Museum as well as keeping records of income and expenses. An independent CPA firm conducts an annual review of financial statements for the Board. 5 Including John Fumagalli (President, Northern Trust Bank Collier County) Grant / TDC06 -07 / Application Children's Museum of Naples 10 Agenda Item No. 16F1 September 26, 2006 *!'age 24 of 104 'm n . �� l7,rHlrer.�y Mu�`� (4) How will your event bring visitors and hotel room nights to Collier County? The Children's Museum will actively work with the Collier County Convention & Visitor's Bureau to promote the Museum Preview Center and the Children's Museum of Naples. The Children's Museum has contracted with a local public relations company and is developing a marketing campaign and media list that includes newspapers, magazines, radio and television stations both in Collier County and throughout the state. Area chambers and hotels will receive press releases and personal updates. Local publications including, Guffshore Life, Naples Illustrated, Neapolitan Family and N Magazine have expressed an interest in featuring the Children's Museum. The Museum Preview Center project will allow the Children's Museum to expand our marketing to include newspapers, magazines, radio and television stations throughout Florida and the Southeast United States. The traveling exhibit will be loaned to children's museums throughout the State in order to promote both the museum and Collier County. The exhibit will be developed with input from the Convention & Visitor's Bureau. The Museum Preview Center will also be featured on the Children's Museum's website www.emon.org The Children's Museum is also featured in the Florida Association of Museums "Map of Florida Museums and Galleries." The Children's Museum will work with the Florida Association of Museums to co- sponsor of advertisements promoting Florida museums. Once the Children's Museum of Naples is open to the public, we will work with local hotels, other attractions and the CVB to develop a 'family- friendly Naples' package that includes admission to the Children's Museum throughout a family's visit to Naples. Established partnerships with the Museum Association of Collier County (including the Naples Botanical Garden, Naples Museum of Art, von Liebig Art Center, Holocaust Museum and Collier County Museums) and the United Arts Council of Collier County will allow for the development of these family packages. The Children's Museum of Naples will participate in a reciprocal admission program that will allow members of other Florida museums to visit the museum free of charge. Marketing the museum in destinations that have participating children's museums will be an important aspect of our campaign. Participating museums include; Miami Children's Museum, Young At Art Children's Museum (located in Ft. Lauderdale), School House Children's Museum (Boynton Beach), Great Explorations Children's Museum (St. Petersburg), the Children's Museum of Tampa and the Children's Museum of Boca Raton. Hispanic Tourist Market Children's Museum Board member Mayela Rosales is the TV Host and General Producer of D'Latfnos Magazine and D'Ladnos a1 dia daily TV show. The TV show which is shown on UPN8, Comcast and Azteca America 14 and reaches 91,000 Hispanic homes in Collier, Lee and Charlotte counties and there are plans to expand the magazine to the national level. Mayela will work with the Children's Museum public relations company and the Convention & Visitor's Bureau to develop an effective marketing strategy to the growing Hispanic market that is visiting Collier County from throughout the state (particularly the east coast of South Florida). This market is particularly important during the shoulder and off - season months. Grant / TDC06-07 / Application Children's Museum of Naples 11 Agenda Item No. 16F1 September 26, 2006 'Page 25 of 104 i _niHl: E•jO �` (5) What is your organization's experience in managing sponsorships and grants? The Children's Museum of Naples has only recently begun to seek sponsorships and grants from State and Federal organizations, private foundations as well as corporations. Highlighted below are sponsorships and grants received by the Children's Museum since January 2005. Grant Project Amount Division of Cultural Affairs: Capital Campaign to build the Children's $500,000 Cultural Facilities Pro rams Museum of Naples Sept 07 Buechel Education Capital Campaign to build the Children's $100,000 Foundation Museum of Naples 8 Bank of America Foundation Capital Campaign to build the Children's $4,000 Research x x Museum of Naples x Paul H. Pusey Foundation Capital Campaign to build the Children's $1,500 Museum of Naples TOTAL x $604,500 The following tables outline the timeline for planning and implementation of the proposed Museum Preview Center exhibit during the period October 1, 2006 — September 30, 2007. Considerable planning occurs prior to the grant period. Exhibits Oct 06 Months Sept 07 1 2 3 4 5 6 7 8 9 10 11 12 Research x x x x Text x x x Design x x x Fabrication x x x Installation x x x x Programming x x x x x x x x Promotion x x x x x x x x x Evaluation x x x x x x x x x x x x The Children's Museum ensures the accuracy of its exhibits by consulting specialist scholars. Exhibit design professionals are contracted through design and construction. Project team: Master Planner: Exhibit Designers: General Contractor: Architect: Mary Sinker Jack Rouse & Associates Kraft Construction Burke, Hogue & Mills www.marysinker.com www.jackrouse.com www.kraftconstruction.com www.burkehoguemills.com 6 The Children's Museum was recommended to be funded for this grant It is currently going through legislature Grant 1 TDC06 -07 / Application Children's Museum of Naples 12 Agenda Item No. 16F1 September 26, 2006 '�61 age 26 of 104 (6) What is your organization's current annual operating budget? Current annual operating budget is $150,000. The following budget projections consider 2008 to be the first year of operations following the opening of the Children's Museum of Naples Revenue 2008 2009 2010 2011 Admissions7 140,000 120,000 130,000 140,000 Memberships8 100,000 150,000 200,000 250,000 Museum Store 100,000 110,000 120,000 130,000 Programs9 250,000 275,000 300,000 325,000 Special Events 200,000 225,000 250,000 275,000 Grants 150,000 175,000 200,000 225,000 Contributions 347,900 494,425 458,793 425,097 Total Revenue 1,287,900 1,549,425 1,658,793 1,770,097 Expenses Salaries 590,000 619,500 650,475 682,998 Benefits 147,500 154,875 162,618 170,749 Utilities 50,000 52,500 55,000 57,500 Telephone 6,400 6,800 7,200 7,600 Insurance 40,000 42,000 44,000 46,000 Office Supplies 16,000 18,000 20,000 22,000 Office Equipment 4,000 4,500 5,000 5,500 Exhibit Maintenance 40,000 45,000 50,000 55,000 Building Maintenance 10,000 12,500 15,000 17,500 Marketing / Advertising 100,000 110,000 120,000 130,000 Development 80,000 90,000 100,000 110,000 Volunteers 4,000 4,500 5,000 5,500 Special Events 60,000 65,000 70,000 75,000 Museum Store (COGS) 50,000 55,000 60,000 65,000 Travel / Training 10,000 11,000 12,000 13,000 Janitorial 5,000 5,250 5,500 5,750 Postage 20,000 22,500 25,000 27,500 Dues & Subscriptions 2,500 2,750 3,000 3,250 Traveling Exhibit Rental 0 150,000 160,000 170,000 Traveling Exhibit PR 0 15,000 16,000 17,000 Security 2,500 2,750 3,000 3,250 Contingency 50,000 60,000 70,000 80,000 Total Expenses 1,287,900 1,549,425 1,658,793 1,770,097 7 Admission $8 per Child or Adult, Child under 1 is FREE. Projected attendance for Year 1 is 75,000 visitors S Year 1 membership 1000, Year 2 membership 1500, Year 3 membership 2000, Year 4 membership 2500 9 Includes Summer Camp, Spring & Winter Break Camp, Birthday Parties, Group Programs, Scout Programs, Pre - School Programs, Adult & Family Programs Grant / TDC06 -07 / Application Children's Museum of Naples 13 Agenda Item No. 16F1 September 26, 2006 '; Page 27 of 104 a- ,r r1 °„ PROJECT BUDGET RECAP INCOME SOURCES: TOURIST DEVELOPMENT TAX REQUEST $250,000 ADDITIONAL FUNDING SOURCES (Must equal or exceed TDC funding request) • Children's Museum Funds $150,000 • Kraft Construction (in -kind) $100,000 TOTAL ADDITIONAL FUNDS $250,000 TOTAL INCOME - ALL SOURCES $500,000 Grant / TDC06.07 / Application Children's Museum of Naples 14 Agenda Item No. 16F1 September 26, 2006 -., ,Page 28 of 104 PROJECT EXPENSES: Intended Utilization of Tourist Tax Funds: Provide an itemized summary indicating the use of TDC funds. Please be as explicit as possible, including intended publications, promotional materials, etc. and how much money will be expended for each category. Marketing Expenses $75,000 • Print advertising $40,000 • Web campaign (includes website) $20,000 • Direct mail $15,000 Permanent Exhibit costs $150,000 • Fabrication costs $75,000 • Materials & equipment $50,000 • Design fees $25,000 Traveling Exhibit costs $25,000 • Fabrication costs $20,000 • Design fees $5,000 Total Tourism Funds Utilized: $250,000 Other Project Expenses Personnel 10 (includes benefits) $100,000 • Children's Museum Director $25,000 • Education Director $45,000 • Administrative Assistant $30,000 Exhibit Costs $100,000 • Construction Trailer rental $25,000 • Construction Trailer outfitting $50,000 • Furnishings $25,000 Insurance & Utilities $70,000 • Program insurance costs $20,000 • Exhibit insurance costs $20,000 • Utilities $30,000 Total Other Project Expenses $250,000 TOTAL PROJECT EXPENSES Profit(Loss) $500,000 to Represents 25% of the Director, 100% of Education Director's salary and 100% of Assistant's salary Grant / TDC06-07 / Application Children's Museum of Naples 15 Agenda Item No. 16F1 September 26, 2006 „Page 29 of 104 CERTIFICATION I have reviewed this Application for Funds from the Tourist Development Council for FY 200405. 1 am in full agreement with the infonnation contained herein. To the best of my knowledge, the information contained in this Application and its attachments is accurate and complete. Chief orpor ate Officer Date 1 Grant 1 TDC06 -07 l Application Children's Museum of Naples 16 Agenda Item No. 16F1 September 26, 2006 Page 30 of 104 Amon EXHIBIT "A" Collier County Tourist Development Council Preliminary Status Report EVENT NAME: Museum Preview Censer REPORT DATE: April 14, 2006 ORGANIZATION: Children's Museum of Naples CONTACT PERSON: Joe Cox TITLE: Executive Director ADDRESS: PO Box 2423 Naples, FL 34106 PHONE: 239 - 784 -1879 On an attached sheet, answer the following questions and attach it to pour application. PRELIMINARY INFORMATION• ➢ ➢ Is this a first time project? If not, please give details of past projects. ➢ Yes. ➢ ➢ Do you anticipate using area hotels in support of your project? ➢ Yes. ➢ ➢ If so, what are the estimated hotel rooms nights generated by project? ➢ Over 20% of visitors to the exhibit are expected to be tourists / non - Florida residents. The Museum Preview Center exhibit at the Children's Museum will be a year -round exhibit promoting the Children's Museum to visitors to Collier County. It is hoped that once the Children's Museum opens in 2008 the project will generate a significant number of hotel nights (up to 1500 annually). ➢ ➢ What is the estimated revenue generated by this project? ➢ $100,000 Grant / TDC06 -07 / Application Children's Museum of Naples 17 Agenda Item No_ 16F1 September 26, 2006 '0' Page 31 of 104 on.. ➢ ➢ What is the estimated number of participants expected to visit the project? ➢ 75,000 visitors when the Children's Museum opens. ➢ ➢ If project planning is in progress, what has been done, what remains to be done, and are there any problems? The following tables outline the timeline for planning and implementation of the proposed Afuseurn Preview Center exhibit during the period October 1, 2006 - September 30, 2007. Considerable planning occurs prior to the grant period. Exhibits Oct 06 Months Dept 07 1 2 3 4 5 6 7 8 9 10 11 12 Research x x x x Text x x x Desien x x x Fabrication x x _ x Installation x x x x Prop—ramming x x x x x x x Promotion x x x x x x _x x x x Evaluation x x x x x x x x x x x x This planning technique has resulted in successful exhibits. The Children's Museum ensures the accuracy of its exhibits by consulting a wide range of specialist scholars (often volunteers). Exhibit design professionals are contracted throughout design and construction. ➢ A If the project planning has not been started, why? ➢ Please see table above ➢ ➢ List any planned out -of- county advertising, marketing, and /or public relations that will be used in support of the project. ➢ Please see page 11 of the grant application. Grant / TDC06-07 / Application Children's Museum of Naples 18 Agenda Item No. 16171 September 26, 2006 Page 32 of 104 Collier County Tourist Development Council PLEASE INCLUDE THIS CHECIa.LST WITH YOUR FINAL SUBMISSION TO INSURE THAT ALL REQUESTED DO CUME S ARE INCLUDED. PLEASE ATTACH ONE COPY OF EACH OF THE FOLLOWING ITEMS TO YOUR ORIGINAL APPLICATION FOR OUR FILES: (It is not necessary to provide a copy of these items with the 25 copies.) 0 Charter, Articles of Incorporation, By -Laws, Proof of Current Status, i.e. 111�! Annual Report on file with the Secretary of State - Except Government ntities. Minutes of meeting authorizing officers to apply for these tourism funds. 11 IRS Determination Letter - Except Government entities. List of current officers and board members, indicating terms, or mayor, City CoanC14 etc. Or Organization Chart Copy of financial statement for the most recently completed fiscal year - Except Government entities. Letters of commitment from co- sponsors; Income and expense details Signed by Chief Officer and Secretary. Name of Preparer: (Print) Signature of Preparer: G /GrantApp /1 -06 -06 Cat C Grant App 06 21 Agenda Item No. 16F1 September 26, 2006 Page 33 of 104 2007 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES BOTANICAL GARDEN, INC. THIS AGREEMENT, is made and entered into this day of , 2006, by and between the Naples Botanical Garden, Inc., Inc., a Florida not - for -profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan ") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not - for - profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for assistance with future Exhibitions, educational programs, festivals, special events or other promotional activities; and WHEREAS, The Tourist Development Council has recommended this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Collier County Government Tourist Development Council Grant Application, Special Category "C -2" Museum Grant and supporting documentation dated April 14, 2006, attached hereto as Exhibit "F ", the GRANTEE shall expend the funds for Temporary and Traveling Exhibits and a Promotional Plan (hereinafter "the Project "). 2. PAYMENT: 1 Agenda Item No. 16F1 September 26, 2006 Page 34 of 104 (a) The amount to be paid under this Agreement shall be a total of One Hundred Twelve Thousand Five Hundred Fifty Dollars ($112,550), Sixty -Two Thousand Five Hundred Fifty Dollars ($62,550) for Temporary and Traveling Exhibits and Fifty Thousand Dollars ($50,000) for the Promotional Plan. The GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of Exhibit "D" attached hereto and made a part hereof, and shall submit invoices to the Executive Director of Naples, Marco, Everglades CVB or his designee for review and upon verification by letter from the GRANTEE that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of Naples, Marco, Everglades CVB or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "F" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit F ". 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2006 and September 30, 2007. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: 2 Agenda Item No. 16F1 September 26, 2006 Page 35 of 104 (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of Naples, Marco, Everglades CVB or his designee within ten (10) days of the approval of this Agreement by the COUNTY. The GRANTEE shall not commence activities hereunder which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed.. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a Preliminary Status Report on the form -- attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a quarterly Interim Status Report on the form attached hereto as Exhibit `B ". (c) GRANTEE shall provide to County a Final Status Report on the form attached hereto as Exhibit "C" no later than November 15, 2007. (d) The report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. 6. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 7. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. 3 Agenda Item No. 16F1 September 26, 2006 Page 36 of 104 (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 8. INDEMNIFICATION: To the maximum extent permitted by Florida law, the GRANTEE shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 9. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Brian Holley, Executive Director Naples Botanical Garden, Inc. 4820 Bayshore Drive Naples, Florida 34112 -7337 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director 4 Agenda Item No. 16F1 September 26, 2006 Page 37 of 104 Naples, Marco Island, Everglades CVB 3050 N. Horseshoe Drive, Suite 218 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 10. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 11. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 12. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 13. If GRANTEE fails to complete the activity budgeted under Paragraph One (1) herein during the term of this Agreement, GRANTEE shall repay to the COUNTY all funds expended by the COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the incompleted activity was sufficiently performed to justify the use of tourist development tax funds. GRANTEE may request an extension of time of up to twelve (12) additional months to complete the Project with the express consent of the Collier County Board of County Commissioners. 14. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 11 Agenda Item No. 16F1 September 26, 2006 Page 38 of 104 15. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. 16. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 17. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 18. TERM: This Agreement shall become effective on October 1, 2006 and shall remain effective for one (1) year until September 30, 2007. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 19. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one (1) year. 20. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of Naples, Marco, Everglades CVB or his designee, along with a final budget analysis by November 15, 2007. 21. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County and the Tourist Development Council as sponsors. 22. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. 0 ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency (Printed Name) Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed /Typed Name Agenda Item No. 16F1 September 26, 2006 Page 39 of 104 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Frank Halas, Chairman GRANTEE: NAPLES BOTANICAL GARDEN, INC. Printed /Typed Name 7 Agenda Item No. 16171 September 26, 2006 Page 40 of 104 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: C9100_1111 -I �Le1.`A CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet, answer the followin_g questions and attach it to your application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel rooms nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of- county advertising, marketing, and/or public relations that will be used in support of the project. Agenda Item No. 16F1 September 26, 2006 Page 41 of 104 EXHIBIT `B" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following questions to identify the status of the project. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? 9 Agenda Item No. 16F1 September 26, 2006 . Page 42 of 104 EXHIBIT "C" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Final Status Report TITLE: FAX: On an attached sheet, answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and/or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 Agenda Item No. 16F1 September 26, 2006 Page 43 of 104 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD FROM REQUEST# ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ WE EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE EXHIBIT "E" 11 Agenda Item No. 16F1 September 26, 2006 Page 44 of 104 VISITOR QUESTIONNAIRE Thank you for taking the time to complete the following questions. This information will afford us the opportunity to better serve the needs of Collier County visitors. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU STAYING? HOTEL FRIENDS CAMPGROUND NAME OF HOTEL AND CITY: NAME OF CAMPGROUND: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS YOU WILL STAY = HOW DID YOU SELECT THE HOTEL /CAMPGROUND? INTERNET YOUR CHOICE TRAVEL AGENT OTHER: NUMBER OF MEALS YOU OR YOUR GROUP will eat out. (Please provide a number determined by the number of people in your party times the number of days of your visit times the number of meals that will be eaten out each day.) = AREA ATTRACTIONS YOU PLAN TO VISIT: (Please Circle) Caribbean Gardens, Naples /Marco Corkscrew Swamp The Zoo in Naples Princess Sanctuary Water Everglades National Everglades Airboat sports /Parasailing Park Tour Rookery Bay King Richards Fun Park Fakahatchee Strand Delnore- Wiggins Preserve State Park Seminole Casino Lake Trafford Naples Pier The Conservancy's Nature Center Teddy Bear Museum Other: Please name below PLEASE REFER TO OUR COLLIER COUNTY BROCHURE FOR LOCATION OF AREA ATTRACTIONS. 12 Agenda Item No. 16F1 September 26, 2006 Page 45 of 104 EXHIBIT "F" Naples Botanical Garden, Inc. Project Budget Funding (Not to Exceed) Temporary and Traveling Exhibits $62,550 Promotional Plan $50,000 Total $112,550 13 Agenda Item No. 16F1 September 26, 2006 Page 46 of 104 . COLLIER COUNTY GOVERNMENT TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION SPECIAL CATEGORY "C" MUSEUM GRANT I GENERAL INFORMATION To assist us in evaluating the impact your project may have on Collier County and to better understand what support you are requesting, the following questions must be answered in full. (1) NAME OF ORGANIZATION Naples Botanical Garden (2) NAME OF PROJECT Expanding Naples Botanical Garden's Presence in the Region (3) PROJECT INFORMATION: STREET ADDRESS: 4820 Bayshore Drive Naples, FL 34112 -7337 (4) CONTACT PERSON Brian Holley, Executive Director (5) COMPLETE ADDRESS OF ORGANIZATION: • STREET 4820 Bayshore Drive CITY NaniPS ST FL ZIP 34112 -7337 PHONE: 239.643.7275 FAX: 239.649.7306 • (6) ORGANIZATION'S CHIEF OFFICIAL: Brian Holley TITLE: Executive Director Address if different from above: PHONE: 239.643.7275 FAX: 239.649.7306 (7) TYPE OF APPLICANT: (X) NON - PROFIT ( ) GOVERNMENT AGENCY ( ) FOR - PROFIT ORGANIZATION (8) GRANT AMOUNT REQUESTED: $ 225,100 (9) MATCH/LOCAL COST SHARE AMOUNT: $ 1,253,300 TDC 2006/07 Page 2 Agenda Item No. 16F1 September 26, 2006 Page 47 of 104 (10) PROJECT TYPE (CHECK ONE) to ( ) MUSEUM EXHIBIT ACQUISITION & DEVELOPMENT PROJECT ( ) ARCHAEOLOGICAL SITE SURVEY ( ) COMMUNITY EDUCATION PROGRAM ( ) HISTORIC RESTORATION ( ) EDUCATIONAL MATERIALS ( ) HISTORIC SITE DESIGNATION (NATL REGISTER OF HISTORIC PLACES) ( ) HISTORICAL MARKER (X) OTHER Expanding Naples Botanical Garden's Presence in the Region (11) IF ENTIRE REQUEST CANNOT BE FUNDED, MAY THE PROJECT BE RESTRUCTURED FOR LESS FUNDING? (X) YES ( ) NO (12) PROJECT DESCRIPTION: describe in detail the project for which funding is requested Project Description: Overview Naples Botanical Garden (the Garden) respectfully requests funding for FY 2006 — 2007 in order to produce a new temporary attraction, host a national traveling exhibition and fulfill its 40"� promotion plan. The Garden is distinguished from other cultural institutions in Southwest Florida by its subtropical/tropical theme and focus on ethno- botany, immersive experiences, and interactive, inquiry- based, hands -on experiential exhibits. Its programs are both entertaining and educational. The proposed new temporary exhibit, traveling attraction and related programs and services outlined in this grant application are designed to support and expand the Garden's permanent exhibitions and to give the Garden a unique niche in the overall Collier County visitor experience for 2006 - 2007, thereby ensuring new and repeat visitation. Promotion of the temporary and traveling exhibits will attract out -of -area visitors looking for specific opportunities for learning and enjoyment unobtainable elsewhere in the county. Producing and promoting distinctive and compelling attractions such as those being proposed will help draw new and repeat visitors to the Garden, whose future economic growth depends on being able to provide memorable experiences. Changing Exhibitions For 2006 — 2007, Naples Botanical Garden is planning two new temporary exhibits with strong appeal for adults, families and children of all ages: Flower Showcase Traditions in many major cities feature seasonally themed flower shows. Naples Botanical Garden has produced three successful tropical themed flower shows and initiated a Naples tradition in November that has helped build shoulder- season visitation. Typically, such shows TDC 2006107 Page 3 Agenda Item No. 16F1 September 26, 2006 Page 48 of 104 Jurassic Jungle will create a truly "dino- mite" experience for families visiting during the prime • months of Collier County's tourist season, not to mention local families and area schoolchildren. Quote from Delle Willett, Public Relations Manager, Missouri Botanical Garden: " ne dinosaur exhibits were a huge success at the Missouri Botanical Garden! We placed them in our rainforest exhibit... and they were a perfect compliment in this spectacular conservatory. " • Marketing and Promotional Plan The Garden's PROMOTION PLAN for FY 2006 -2007 includes an advertising and promotion strategy targeted to Collier, Lee and Charlotte Counties, Sarasota, Tampa Bay, Palm Beach and other areas of Florida to attract 49,500 visitors. The Promotion Plan will target audiences identified in a 2005 segmentation study funded by the Collier County Tourist Development Council. As in 2005 -2006, the following areas will be the focus of 2006 -2007 marketing efforts: -tDC 2006/07 Page 5 AttachmentA: Naples Botanical Garden Dinosaur Exhibit LW of items for a display, February April 2007 1. 1 33 ft. Daspletosaur (tyrannosaur, cousin to T -rex) 2. 1 30 ft. Kritosaurus ( hadrosaur or duckbill) 3. 1 30 ft. Edmontosaurus (hadrosaur or duckbill) 4. 10 Eggs for Edmontosaurus nest 5. 8 3 ft. Compsognathus (called Compies in the Jurassic Park movie) 5. 7 4 ft. Bambiraptors (feathered V elociraptors) 6. 1 10 ft. Postosuchus. (largest known predator of its time) 7. 1 8 ft. Placerias (prey of Postosuchus, found in Petrified Forest) 8. 1 8 ft. Oviraptor (its fossil skeleton was found sitting on nest of eggs) 9. 20 Oviraptor eggs, enough for 3 nests (nesting grounds) 10. 2 4 ft. Quetzalcoatlus juveniles (largest known flying animal) 11. 4 14 inch Sordes (flying reptile, name means "hairy devil" ) 12. 2 3 ft. Rhamphorynchus (flying reptile with fur covered wings) . 13. 2 6 ft. Velociraptors (skeletons originally found in Mongolia) 14. 10 Assorted Triceratops bones for effect among vegetation 15. 2 5 ft. Apatosaurus (Brontosaurus) bones for effect among vegetation 16. 1 Collection of fossil plants 17. 4 Large, touchable fossils for outside use. (75 —100 lbs. ea.) 18. 1 Children's dino dig site, approx. 5 ft. x 8 ft. (heavy duty) 19. 1 Dinosaur sound effects Audio CD (pleasant, no T -rex's eating kids!) 20. 1 12 ft. Syntarsus (African predator) 21. 1 10 ft. Dimetrodon (finback) 22. 6 8 in. Giant Cockroaches 23. 2 24 in. Giant Dragonflies 24. 1 4 ft. Giant Millipede 25. Consultation, brainstorming, delivery, set up and removal included • Marketing and Promotional Plan The Garden's PROMOTION PLAN for FY 2006 -2007 includes an advertising and promotion strategy targeted to Collier, Lee and Charlotte Counties, Sarasota, Tampa Bay, Palm Beach and other areas of Florida to attract 49,500 visitors. The Promotion Plan will target audiences identified in a 2005 segmentation study funded by the Collier County Tourist Development Council. As in 2005 -2006, the following areas will be the focus of 2006 -2007 marketing efforts: -tDC 2006/07 Page 5 Agenda Item No. 16F1 September 26, 2006 Page 49 of 104 1. Group Tours/Spouse Programs 2. General Admission to the Garden 3. Eco- tourism Partnership Packages 4. Wedding in the Garden 5. Special temporary exhibit and national traveling attraction to enhance the guest experience: • Holiday Butterflies in the Garden: "Poinsettias and Swirling Snow" (chan ging exhibition) • Dinosaurs In The Garden -- "Jurassic Jungle" (National traveling exhibition) The Garden's Marketing Plan continues to attract new visitors locally and from outside Collier County. The current permanent visitor experience includes the Tropical Mosaic Garden, Windstar Garden Room, Butterfly House and the newly opened 30 -acre Florida Uplands Preserve. NAPLES BOTANICAL GARDEN PROMOTION PLAN Naples Botanical Garden continues to follow the audience ,segmentation study done in 2005 to support the marketing plan to achieve the following objectives: • Establish Naples Botanical Garden as "THE" Botanical Garden of Southwest Florida. • Promote partnerships/cross marketing and public relations efforts with CVB. • Promote partnerships and packaging opportunities with hotels. • Increase out -of -area media coverage. • Increase out -of -area visitor attendance - particularly shoulder season. • Grow marketing opportunities. TO ACHIEVE EXPANDED OUT-OF -AREA MEDIA COVERAGE, THE GARDEN WILL... - • Expand out -of -area awareness building via media relations. • Continue to advertise outside Collier County to support awareness. • Maintain updated media kit for distribution. • Participate in media and industry FAM programs and media coverage efforts. • Rack card distribution service to Charlotte, Lee and Collier Counties. Priorities • Identify opportunities for media. • Develop and coordinate travel writer contacts with CVB. • Issue exhibition and program releases to target media. Action Plan • Enhance media kit to include new exhibitions and attractions. • Expand media awareness beyond SW Florida via media kit distribution. • Expand media awareness beyond SW Florida via promotional video distribution. • Expand media awareness via website media room addition with current press releases. • Expand visitor awareness via advertisement in out -of -area and local publications. • Maintain and issue regular submissions to media calendars. • Conduct media previews and briefing on expansion activities and new attractions. • Video stream on website. TDC 2006/07 Page 6 Agenda Item No. 16F1 September 26, 2006 Page 50 of 104 PRIMARY PACKAGES FOR OUT -OF -AREA MARKETING 2006 -2007 GROUP TOURS AND SPOUSE PROGRAMS • Self-guided tours via visitor guides of the Tropical Mosaic Garden • Docent -led tours of the Butterfly House • Self - guided and docent -led tours of the Florida Uplands Preserve • Self- guided tours via activity guides in the Butterfly House • Docent -led exhibition tours of "Holiday Butterflies in the Garden" • Self - guided tours of "Dinosaurs in the Garden" Marketing Tools • Promotional merchandise for new exhibitions and attractions • Visit the Garden Today website expansion including group visits • Round up stories with updated images • Video stream on website • Rack cards for "Holiday Butterflies in the Garden" • Rack cards for "Dinosaurs in the Garden" • Post card series (to mail to out -of -area referral points) • Advertisement in out -of -area and local publications NEW ATTRACTIONS IN THE GARDEN, 2006 -2007 • "Dinosaurs in the Garden" • • "Holiday Butterflies in the Garden" Marketing Tools • Media relations • • New photography • Update website • Brochures specific to new exhibitions for target markets • Rack cards for each • Video enhancement to include new attractions • Advertisement in out -of -area and local publications to specific markets EVALUATION All marketing and public relations activities will be monitored, measured and evaluated. General admission attendance will be tracked and zip code information will be collected. Visitor surveys will be distributed and administered regularly and data coordination with hoteliers for weddings will be maintained and reported in Interim Reports. TM 2006/07 Page 7 Agenda Item No. 16F1 September 26, 2006 Page 51 of 104 (14) ANNUAL MAINTENANCE: What is the anticipated cost of annual maintenance of the historic property, site, marker, exhibit or program upon completion of the project? Who will be responsible for annual maintenance and what is the source of on -going funding? The Naples Botanical Garden Director of Horticulture, along with a core of volunteers, will be responsible for annual maintenance. Operating maintenance costs will come out of the Garden's annual operating budget. (15) APPLICANT'S GRANT HISTORY: YEAR 2001 PROJECT NAME: Garden Preview Project PREVIOUS GRANT AMOUNT $ 500,000 (Reduced after 9/11/01 to $377,400) YEAR 2002 PROJECT NAME: Perimeter Project PREVIOUS GRANT AMOUNT $500,000 YEAR 2003 PROJECT NAME: Florida Gardens: Promoting and Enhancing the Guest Experience Project PREVIOUS GRANT AMOUNT $493,874 requested - $366,500 allocated YEAR 2004 PROJECT NAME Visitor Experience Expansion Project PREVIOUS GRANT AMOUNT $217,650 YEAR 2005 PROJECT NAME: Growing THE Botanical Garden of SW Florida PREVIOUS GRANT AMOUNT $ 207,100 If you have previously received funding from the TDC, please attach a copy of your FINAL STATUS REPORT including attendance, economic impact and other information that will enable the TDC staff and review committee to evaluate your prior experience. TDC 2006/07 Page 8 Agenda Item No MIR--w MV September 26, Page 52 of 1 j% me Garden 1 16 iK 1 71 Agenda Item No. 16F1 September 26, �Q.06 Page 53sa w lir ask lie a v jk' wC ��' •Y� r 'ac fry : -�, ", * "r► r -ft O ±` S+a i� It Agenda Item No. 16F1 September 26, �Q.06 Page 53sa w lir ask lie ice' I IN1 r J � a, t 1 - n 4 � q.. • ..w "�`^ tf� »'4':.a - `� t.i flip � 1, s Jtrl 'r YT q �� Agenda Item No. 16F1 September 26, 2006 Page 55 of 104 ... Collier County Tourist Development Council Interim Status Report EVENT NAME: Garden Preview Proiect 2001, Perimeter Project 2002, and Florida Gardens: Promoting and Enhancing the Guest Experience Project 2003 REPORT DATE: April 18, 2005 ORGANIZATION: Naples Botanical Garden CONTACT PERSON: Sondra Quinn TITLE: President/CEO ADDRESS: 4820 Bayshore Drive Naples, FL 34112 -7337 PHONE: 239.643.7275 FAX: 239.649.7306 On an attached sheet, answer the following questions to identify the status of the protect. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. ➢ Has the planning of this project started? ➢ At what point are you at with the planning stage for this project? (Percent of completion) ➢ Will any hotels /motels be utilized to support this project? ➢ If so, how many hotel room nights will be utilized? ➢ What is the total dollar amount to date of matching contributions? ➢ What is the status of the advertising and promotion for this project? ➢ Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. ➢ How has the public interest for this project been up to this point? Please note: the above criteria were not in place at the time the first two grants were awarded to Naples Botanical Garden. to Please refer to following sheet for report. TDC 2006/07 Page 9 Agenda Item No. 16F1 September 26, 2006 Page 56 of 104 INTERIM REPORTS TDC Grants: 2001 — Garden Preview Project 2002 — Perimeter Project 2003 — Florida Gardens: Promoting And Enhancing The Guest Experience Project 2001 — GARDEN PREVIEW PROJECT The original amount of grant #1 was $500,000. It was subsequently reduced after 11 September 2001 to $377,400. There were four major components to this grant: ITEM APPROPRIATION , - MATCH Preview (Florida) Gardens $ 127,400 $ 35,000 World (Windstar) Garden Room $ 100,000 $ 395,000 Laboratory Classroom $100,0001 $ 168,000 Furnishings and Equipment $ 50,000 $ 0 • Totals' $.377,400 $ 598,000` • All matching dollar requirements have been met. The Garden requested and had approved a one -year extension for this grant to fully develop plans for the Preview (Florida) Gardens Project in order to maximize the value of this grant to the County. This TDC grant allowed the Garden to create the spaces (platforms) needed to offer programs that would attract tourists and serve the local community as well. In the first year following completion of the Garden Room and Laboratory Classroom, the Garden served over 2400 visitors and participants with a vast array of unique educational programs and a one -of -a -kind setting for receptions, meetings, dinners, and lectures. Given the nature of these events and activities it was difficult to assess their economic impact. However, the Garden was not truly able to serve an audience beyond its members until these facilities were constructed and open to visitors and the general public. Thus, these TDC funds were instrumental in helping to create an entirely new cultural tourist attraction for Collier County. TDC 2006/07 Page 10 a Agenda Item No. 16F1 September 26, 2006 Page 57 of 104 2002 — PERIMETER PROJECT Naples Botanical Garden has been significantly enhanced with the opening of the Preview (Florida) Gardens. This portion of the project had initially been scaled back with the reduction of funding. But a second TDC grant (Perimeter Project) of $500,000 allowed NBG to expand the Gardens beyond the original (limited) intention. A magnificent 2 -acre garden and perimeter wall (with landscaping) was created. The funding request for this second grant broke down as follows: ITEM APPROPRIATION ; ; MATCH,. Design Engineering $ 40,000 General Requirements $ 31,000 Materials $ 252,000 $ 962,020 Landscape / Irrigation $ 117,000 Specialties $ 60,000 $ 500,000 $ 962,020 At the initial preview, over 400 visitors enjoyed these gardens even though there was finishing work still to be completed. The significant amount of press coverage and resulting interest by tourists served to underscore the wisdom of the decision to expand and enhance this project, all of which would not have been possible without these two TDC grants. The Preview (Florida) Gardens Project included renovations to the existing education /administration building as well as construction of a decorative perimeter wall (with related landscaping) and main signature sign at the corner of Bayshore Parkway and Thomasson Road. As we noted in the application, this will enhance the current visitor experience ...and... it will continue the many improvements already made to Bayshore Drive serving to speed the development of this area. The awarded amount of $500,000 for TDC #2 has been expended in its entirety on the garden's perimeter landscaping. TDC 2006/07 Page 11 0 4 4 mr, Agenda Item No. 16F1 September 26, 2006 Page 58 of 104 Agenda Item No. 16171 September 26, 2006 Page 59 of 104 to Collier County Tourist Development Council Final Status Report do EVENT NAME: Florida Gardens: Promoting and Enhancing the Guest Experience Project REPORT DATE: March 31 2005 ORGANIZATION: Naples Botanical Garden CONTACT PERSON: Sondra Ouinn TITLE: President/CEO ADDRESS: 4820 Bayshore Drive Naples, FL 34112 -7337 PHONE: 239.643.7275 FAX: 239.649.7306 On an affached sheet, answer the following Questions for each element in your scope of work. Final — These questions should be answered for your final status report. ➢ Was this a first time project? If not, how many times has this event taken place? ➢ What hotels /motels were utilized to support the project and how many? ➢ What is the total revenue generated for this event? ➢ Total expenses. (Have all vendors been paid) ➢ List the vendors that have been paid, if not, what invoices are still outstanding and why? ➢ What is the number of participants that visited the project? ➢ What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? ➢ List any out -of- county- advertising, marketing, and/or public relations that was used to support the project and attach samples. ➢ How could the project been improved or expanded? TDC 2006/07 Page 12 Agenda Item No. 16F1 September 26, 2006 Page 60 of 104 FLORIDA GARDENS: PROMOTING AND ENHANCING . THE GUEST EXPERIENCE This project is comprised of The Florida Gardens Interpretive Plan (Self - guided Activities and Changing Exhibitions) and The Florida Gardens Promotion Plan. The three distinct self - guided activities that TDC funding enabled Naples Botanical Garden (NBG) to implement were totally new concepts that have significantly enhanced the guest experience for visitors to NBG. Three first- time -ever changing flower exhibits were designed and installed, each one attracting an increasing number of people to the Garden. Based on zip codes tracked at admissions, 2,380 visitors during NBG's changing exhibits (spanning over three months) were from areas beyond a two -hour driving distance from the Garden, a good indication that visitors had overnight stays at local hotels. Partnerships with specific hotels are being developed but were not in place to facilitate tracking of hotel bookings associated with past year Garden attendance. Based on a $7.00 general admission fee, $47,600 was generated from 6,800 admissions during the three -month period of changing exhibits. During this time fame, the Garden signed on 200 new members. Factoring in the additional revenue from new memberships, total revenue generated from the changing exhibits was $56,400. Total expenses associated with the "Florida Gardens: Promoting and Enhancing the Guest • Experience" project was $356,017.81 (total reimbursements submitted to TDC). All vendors have been paid. A listing of vendors is provided with previously submitted Interim Status Reports and in the attached reimbursement request. • Garden attendance during the three changing exhibits totaled 6,800. Over 50% of these guests were from out of the Collier County area. NBG provided programs and services to 25,000 people during its FY2003 /04 ending June 30, 2004, as a result of promotion of the Garden's changing exhibits, group tours, weddings, and other events. No problems were encountered during the changing exhibitions or group tours. Minimal damage to the Florida Garden took place during several weddings that included small children but these problems were mitigated. NBG plans to expand the concept of changing exhibits to further increase Garden attendance. Three -month -long themed programs at the Garden will be introduced in the coming year, of which changing exhibits will be a component. Other components will include art shows, lectures, guest specialists, demonstrations, themed tours, and retail merchandise, all related to the themed "umbrella" program. The intent is to attract guests for a longer period of time and encourage repeat visitation. TDC 2006107 Page 13 Agenda Item No. 16F1 September 26, 2006 Page 61 of 104 Below is a final report on each component of the Project funded by this TDC grant: FLORIDA GARDENS INTERPRETIVE PLAN —100% Complete Self- Guided Activities Personal Passport — This system has been installed. Hand -held computers provide guests with three levels of interpretation to discover the many plant stories in the Garden. Field Guide — A Field Guide was designed and printed for NBG's Florida Gardens. It guides guests through the Garden, providing interpretive and educational information about each different aspect of the Garden (copy attached). Identification Labels — This segment of the Florida Gardens Interpretive Plan was complete in September, with the receipt of 366 plant identifying labels /stakes. Changing Exhibits Three flower showcases were held during which garden attendance peaked. Flower Show T Dates Attendance : '. Holiday Flower Show, November 21, 2003 through 3,000 Poinsettias: A New Look at January 4, 2004 an Old Tradition Spring Flower Show, Rain March 26, 2004 through May 2,300 Forest Treasures 2, 2004 Tropical Holiday in the November 26, 2004 through 1,500 Garden January 2, 2005 FLORIDA GARDENS PROMOTION PLAN —100% Complete The promotion plan has been completed. Group Tours/Events were initiated, and Naples Botanical Garden (NBG) continues to seek opportunities to develop packages and joint - sponsorship events with the county's hoteliers. Twenty weddings were held at Naples Botanical Garden this past year. Some were destination weddings, while others were comprised of Collier County residents who booked hotel rooms for their out -of -town guests. Naples Botanical Garden's facility rental business will grow over time, particularly as new Garden areas are made ready for visitation. Advertisements were placed in publications whose readership is located within reasonable driving distance of the Garden to help promote NBG as a destination for weddings, lifelong learning programs and general garden visitation. Select out -of -area publications were also chosen. Naples Botanical Garden participated in joint advertising with the Convention and Visitor's Bureau (CVB). Collateral material will be sent to The Greater Naples, Marco Island and Everglades CVB, and to other CVB's throughout Florida. Media kits will be sent to non -local media outlets in order to facilitate expanded coverage and new editorial opportunities. The media kit includes the new promotional video for NBG, which was funded by TDC grant funds. The NBG website was updated to include new images and promotions at TDC 2006/07 Page 14 Agenda Item No. 16F1 September 26, 2006 Page 62 of 104 • NBG. The website will include a video stream of this new promotional material, enabling prospective visitors to better understand the NBG project and the opportunities currently available for visitors to the Garden. The promotion plan has been successful, and will continue to attract visitors from all areas of Florida. In addition, the updated segmentation study has been completed (copy attached). Segmentation Study - • Paula Robertson and Associates and Economics Research Associates of Washington, D.C. were retained by (NBG), to conduct a Segmentation Study. • The study, which was completed in January 2005, analyzed the tourist and resident segments to: • Evaluate NBG /Collier County /SW Florida demographic /visitor trends that would impact the NBG. • Evaluate comparable Florida attractions' offerings and performance to measure and guide NBG's development plans. • Update NBG's attendance projections for a Five -Year Plan. • Identify opportunities to generate attendance among high potential visitor segments. • A summary of key findings from the study include: o The 2005- 2009 compound annual growth rates (CAGR) for populations within 15, 30 and 60 minutes drive time of NBG are projected to be twice the 2000 — 2005 levels. o The largest increases in CAGR among age groups for the 2005 -2009 period versus the 2000 -2005 period will be among the 65+ and 14 and under age groups. o NBG/Naples /Collier County have a high concentration of wealthy residents /visitors. o European visitors as a percent of the mix of visitors is higher for Naples /Collier County than it is for the State of Florida. o Botanical Gardens in Florida are a major cultural destination for their communities and average 140,000 to 180,000 visitors annually. o Naples Botanical Gardens has the opportunity to be "The" Botanical Garden destination for Southwest Florida. o High Potential Visitor Segments include: ■ Affluent Seasonal Residents ■ Visiting Friends and Relatives of Area Residents ■ European Visitors ■ Affluent and Special Interest Seniors o Attendance opportunities for NBG based on the segmentation study include: ■ Annual Destination Events ■ Educational Programs for Senior Tour Groups ■ Foreign Language Garden tours, guides and advertising ■ Weddings and Special Event Services ■ Educational programming for School Tour Groups A full written report and presentation was provided by ERA to the NBG Board and staff. TDC 2006/07 Page 15 CO It LL C� C:) k .41 eN ti ,/ \_ J • •+• 1 �'� �- a �6. 1 1, t+ � J � '' .J/ ' 1\ �'• x i �eti "..�.,.. ,.�' -vim, . �..� � . I 1' ,.. go_ a _ iii.: ft arr low 4. t` Vo 2 — Y 'f dO ,/ \_ J • •+• 1 �'� �- a �6. 1 1, t+ � J � '' .J/ ' 1\ �'• x i �eti "..�.,.. ,.�' -vim, . �..� � . I 1' ,.. go_ a _ iii.: ft arr low 4. t` Agenda Item No. 16F1 September 26, 2006 Page 64 of 104 40 Collier County Tourist Development Council Final Status Report EVENT NAME: Visitor Experience Expansion Project REPORT DATE: November 30 2005 ORGANIZATION: Naples Botanical Garden CONTACT PERSON: Joyce Zirkle TITLE: Chief Operating Office ADDRESS: 4820 Bayshore Drive Naples FL 34112 -7337 PHONE: 239.643.7275 FAX:239.649.7306 On an attached sheet, answer the following questions for each element in your scope of work. iFinal — These questions should be answered for your final status report. ➢ Was this a first time project? If not, how many times has this event taken place? ➢ What hotels /motels were utilized to support the project and how many? ➢ What is the total revenue generated for this event? ➢ Total expenses. (Have all vendors been paid) ➢ List the vendors that have been paid, if not, what invoices are still outstanding and why? ➢ What is the number of participants that visited the project? ➢ What is the percentage of the total participants from out of Collier County? ➢ What problems occurred if any during the project event? ➢ List any out -of- county- advertising, marketing, and/or public relations that was used to support the project and attach samples. ➢ How could the project been improved or expanded? TDC 2006/07 Page 16 do Agenda Item No. 16F1 September 26, 2006 Page 65 of 104 VISITOR EXPERIENCE EXPANSION PROJECT This project is comprised of a permanent attraction, The Exotic World of Butterflies Pavilion, and the Visitor Experience Expansion Promotion Plan. The Exotic World of Butterflies Pavilion (Butterfly House) is a first -time project and a new permanent exhibit for Naples Botanical Garden. It debuted on November 26, 2005 with over 1,000 people attending the grand opening. Because this exhibit just opened a few days ago, hotel/motel utilization and revenue generation associated with this new exhibit is not yet pertinent. Total revenue from admissions is budgeted at $131,000, approximately $90,000 of which relates much in part to this new permanent exhibit. Out - of-area visitors will be asked to complete a Visitor's Questionnaire, attendance will be tracked by zip -code, and admission revenue will all continue to be captured to determine the impact of this new exhibit on Collier County tourism. Total expenses to this project have been $215,028. All vendors have been paid. A listing of vendors is provided with previously submitted Interim Status Reports and in the attached reimbursement request. Naples Botanical Garden has budgeted a 50% increase in attendance over the prior year, from 20,000 to 30,000 based, to a large extent, on this new permanent exhibit. Attendance by zip code will enable the Garden to determine the percentage of participants from out of the Collier County area. It took longer than anticipated to secure building permits for this project and Hurricane Wilma caused vendor delays and minor wind/water damage. Both "problems" contributed to the delayed opening of the Butterfly House. The postponement of the opening of this exhibit due to Hurricane Wilma required the cancellation of a few scheduled advertising contracts...newspaper ads ran for only three days versus a longer schedule that had been planned to run from October to November. Attached with the final report were a list of out -of- county advertising, marketing, and/or public relations that were used to support the Butterfly House project, as well as general promotion of the Garden. Copies of related press releases were attached. Please refer to previously submitted Interim Status Reports for copies of advertisements. Naples Botanical Garden is extremely happy with the quality of the Butterfly House structure, the Iandscaping/water features, and the diverse experience it offers Garden visitors; namely, butterflies, geckoes from Madagascar, and lorikeets from Australia. Opportunities to improve /enhance the exhibit and guest experience will continually be explored and implemented, including the introduction of additional species of animals and plants. Troc 2006/07 Page 17 Agenda Item No. 16F1 September 26, 2006 Page 66 of 104 • Naples Botanical Garden VISITOR EXPERIENCE EXPANSION PROJECT This project is comprised of a permanent attraction, The Exotic World of Butterflies Pavilion, and the Visitor Experience Expansion Promotion Plan. Out -of- County Advertising, Marketing, and /or Public Relations Advertisements Vendor Publication Issue Gannett 101 101 Sarasota 2/1/2005 Gannett 101 101 Sarasota 3/1/05 Gannett 101 101 Sarasota 4/1/05 Gannett 101 101 Sarasota 511105 Gannett 101 101 Sarasota 6/1/05 Gannett 101 101 Sarasota 7/1/05 Gannett 101 101 Fort Myers 7/1/05 Gannett 101 101Fort Myers 8/10/05 Gannett 101 101 Sarasota 8110105 Gannett 101 101 Fort Myers 9/01/05 Gannett 101 101 Sarasota 9/01/05 Gannett 101 101 Fort Myers 10 /01/05 Gannett 101 101 Sarasota 10/01/05 Palm Beach Media Palm Beach Illustrated 12/2004 Palm Beach Media Tampa Bay Illustrated 12/2004 Palm Beach Media Palm Beach Illustrated 2/2005 Palm Beach Media Tampa Bay Illustrated 2/2005 Palm Beach Media Neapolitan Magazine 12/2004 Palm Beach Media Tampa Bay Illustrated 7/2005 Palm Beach Media Palm Beach Illustrated 7/2005 • Media Group N Magazine 12/2004 • Media Group N Magazine 1/2005 • Media Group N Magazine 2/2005 • Media Group N Magazine 3/2005 Southwest Florida Distributing SWFL Travel Guide 1/2005 Worth International Undiscovered Florida 5/2005 Guest Informant Visitors Map & Guide 11/2005 Fort Myers News- Press Gulfcoasting 11/25/05 Fort Myers News -Press Horne and Garden 11/26/05 Fort Myers News -Press Main 11/27/05 TDC 2006/07 Page 18 AN a Naples Daily News Naples Daily News Bonita Banner Membership Vendor FLA USA Visit Florida Editorials Vendor Naples on the Gulf Bonita Living Magazine Palm Beach Media/Naples Illustrated Cleveland Plaindealer Marco Island Sun Times South Lee/Bonita The News -Press Coastal Elegance & Wealth Naples Sun Times Naples Daily News/ Showcase The News -Press Gulf Coasting Naples Daily News/ Neapolitan Southwest Florida The News -Press Naples Daily News/ Local & State Fort Myers News -Press TDC 2006/07 Showcase Home and Garden Page 19 Date of Article Agenda Item No. 16F1 September 26, 2006 Page 67 of 104 1 1/25/05 11/26/05 11/23/05 January 2005 January 2005 April 2005 (two features) May 2005 June 14 -20, 2005 July 21, 2005 Fall 2005 November 2 -8, 2005 November 25, 2005 November 16, 2005 November 26, 2005 November 27, 2005 November 27, 2005 November 29, 2005 Al. +` ` * ..< - -- - § +1. _ �.. ♦ J �`�_ _ _ � is �'t yr„ Ap ip IL e t f �� >� x'11 �5+• '' �� .. ` � . . ' - ""'�_I _ �.. - ��4 � y.; .�_ ,- - k c rCOd' LLOO O �v Q i i a z�� #� w � Q ,k W ado I "Z 4 t a. O Agenda Item No. 16F1 September 26, 2006 Page 70 of 104 Collier County Tourist Development Council Interim Status Report EVENT NAME: Growing the Botanical Garden of SW Florida REPORT DATE: JanuM 5 2006 ORGANIZATION: Naples Botanical Garden CONTACT PERSON: Joyce Zirkle TITLE: Chief Operating Office ADDRESS: 4820 Bayshore Drive Naples FL 34112 -7337 PHONE: 239.643.7275 FAX: 239.649.7306 On an attached sheet, answer the following questions to identify the status of the proiect. Submit this report at least quarterly. 40 INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. ➢ Has the planning of this project started? ➢ At what point are you at with the planning stage for this project? (Percent of completion) ➢ Will any hotels /motels be utilized to support this project? ➢ If so, how many hotel room nights will be utilized? ➢ What is the total dollar amount to date of matching contributions? ➢ What is the status of the advertising and promotion for this project? ➢ Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. ➢ How has the public interest for this project been up to this point? TDC 2006/07 Page 20 A* Agenda Item No. 16F1 September 26, 2006 Page 71 of 104 GROWING THE BOTANICAL GARDEN OF SW FLORIDA This project is comprised of a permanent attraction (Tropical Beauties and Beasts in the Garden), a National Traveling Attraction (Big Bugs), and a Marketing and Promotional Plan. PLANNING Tropical Beauties and Beasts Planning of this project is 55% complete. This permanent exhibit is designed and is being constructed. It will debut for Valentine's Day weekend. The debut will include an encore of last year's highly successful Valentine's Day Orchid Sale, featuring local orchid growers. "Big Bugs" Traveling Exhibit Planning of this project is 95% complete. This temporary exhibit has been retained and will be installed early January and open to the general public on January 21st. The artist, David Rogers has visited the garden and completed the lay -out. Currently, Garden staff is working on the interpretive and way - finding signs. MARKETING AND PROMOTION Growing the Botanical Garden of SW Florida Marketing and Promotion Plan • Dbr Marketing has started a Marketing /Advertising campaign to promote Naples Botanical Garden. The campaign is 25% complete and will include Tropical Beauties and Beasts in the Garden, as well as the national traveling exhibition, Big Bugs, by artist David Rogers. • A reception for media and the hospitality industry is being planned for Beauties and Beasts in the Garden. The planning is 10% complete. • Advertisements have been placed in the 2006 Naples Visitor Guide, Naples on the Gulf publication, and Gannett 101, Inc in Sarasota. Advertising is 10% complete. • Website enhancements have been made to include Big Bugs and upcoming events at the Garden. Website is 25% complete. • Rack cards for Big Bugs are 40% complete. Southwest Florida Distribution has been retained to distribute rack cards in Charlotte, Lee and Collier Counties. TDC 2006/07 Page 21 L� Agenda Item No. 16F1 September 26, 2006 Page 72 of 104 HOTEL/MOTEL UTILIZATION Between October 1, 2005 and December 31, 2005, general admission to the Garden totaled 2,598. Y Based on zip code tracking (excluding 1,068 of untracked attendance), 32% of this attendance was from areas beyond a two -hour driving distance from the Garden, a good indication that hotels /motels were utilized. Completed Visitor Questionnaires during this period recorded 25 hotel nights, 33 nights with family /friends, and 58 meals eaten out. It should be noted that not all out -of -town visitors are receptive to filling out the Questionnaire and some Questionnaires are not completely filled out. MATCBING CONTRIBUTIONS PUBLIC INTEREST Public interest in Naples Botanical Garden continues to grow. At the end of December 2004, �-- membership was 1,103. As of December 2005, membership stands at 1,624. Admission to the Garden between October 1, 2005 and December 31, 2005 was 2,598, compared to 1,240 during the same period last year, a 110% increase. Admission in the last quarter of 2005 would have even been higher if it weren't for Hurricane Wilma. Wilma caused the Garden to close its facility to the public for five weeks, beginning October 21 through November 26, 2005 and delayed the opening of our new permanent attraction, the Butterfly House (opened November 26 instead of October 22). The below table shows Garden admission by region for the period Oct. 1, 2005 through Dec. 31, 2005. •,:. w R on_.a . . atc ed . Dec.: t; qta�.. Oct. 1, 2005,ihn 56 138 11 GROWINd THE 3 • TAMC A-L GA"EN OF 1 ' 11 % >! .;, 1 11 / iii / / 1"12/1; �,i ...... ®' Attractions Promotion 1 111 All other FL Counties 10 1 11 27 PUBLIC INTEREST Public interest in Naples Botanical Garden continues to grow. At the end of December 2004, �-- membership was 1,103. As of December 2005, membership stands at 1,624. Admission to the Garden between October 1, 2005 and December 31, 2005 was 2,598, compared to 1,240 during the same period last year, a 110% increase. Admission in the last quarter of 2005 would have even been higher if it weren't for Hurricane Wilma. Wilma caused the Garden to close its facility to the public for five weeks, beginning October 21 through November 26, 2005 and delayed the opening of our new permanent attraction, the Butterfly House (opened November 26 instead of October 22). The below table shows Garden admission by region for the period Oct. 1, 2005 through Dec. 31, 2005. •,:. w R on_.a O ct~ �: lov�*� �, . Dec.: t; qta�.. Collier County, FL 56 138 706 900 Lee County, FL 19 21 101 141 All other FL Counties 10 6 27 43 New England 13 4 29 46 Mid- Atlantic 5 14 95 114 South (excluding FL) 4 19 43 66 Mid -West 8 8 117 133 Southwest 0 1 7 8 West 0 8 34 42 International 19 2 16 37 Untracked 1,068 * 1,068 1,28 9 1;175 *Note: Grand opening of the Butterfly House. Attendance was so heavy, zip codes were not tracked. TDC 2006107 Page 22 Agenda Item No. 16F1 September 26, 2006 Page 73 of 104 (16) How long will it take you to complete this project? 12 months to (17) MATCHING RESOURCES: List the sources and amounts of confirmed matching funds. NCOME SOURCES_' TOURIST DEVELOPMENT TAX REQUEST $ 225,100 DITIONAL FUNDING SOURCES: ATTENDANCE /RETAIL/RENTAL REVENUES $ 183,200 MEMBERSHIP $ 140,000 ANNUAL FUND $ 275,000 TOTAL ADDITIONAL FUNDS $ 598,200 OTHER INCOME SOURCES: SPECIAL EVENTS $ 415,000 OTHER $ 15,000 OT AL OTHER INCOME $ 430,000 TOTAL MATCHING FUNDS; :€ ,. $ 1,253;300., 18. Provide a brief explanation of the Direct Economic Impact this project will have on the ANN surrounding community. Local Businesses /Development The Garden is becoming increasingly integrated into the socio- economic fabric of Collier County. Area businesses and vendors benefit from participation in and assistance with Garden programs and events. Area developers are capitalizing on the Garden's presence as an anchor in the South Naples area: e.g. Botanical Place under construction on Bayshore Drive, and the future developments of Arboretum Village, Cirrus Pointe, WCI's Sabal Bay and VK Development Corporation's Treviso Bay. In addition, in 2005 Economic Research Associates (ERA) conducted a market segmentation study for Naples Botanical Garden. The following economic drivers for Collier County were identified: Wedding Industry The economic impact to Collier County from wedding business is substantial. The average wedding has 50% out of town visitors that support hotels & restaurants, as well as an average of one third of the cost of receptions and rehearsal dinners that are held at resorts and hotels. In addition, the number of weddings in shoulder season is significant. • The Reported Marriage Compound Average Growth Rated (CAGR) for Collier County (1996 -2003) was the largest in SW Florida at 5.8% versus 2.4 %for Lee County and 0.8% for the state of Florida go • Average wedding total cost is $22,000 with 33% going to the reception and rehearsal dinner, which benefit area hotels /resorts /restaurants. TDC 2006/07 Page 23 Agenda Item No. 16F1 September 26, 2006 Page 74 of 104 • 175 guests invited to an average wedding with half from out- of- town/area who require • lodging during their stay. • 35% of weddings occur in summer, 29% in the spring, 23% in the fall. It is a strong shoulder season business for Collier County Tourism • The Garden's recent expansion in critical mass (Butterfly House and Florida Uplands Preserve) increased its exhibition space open to the public by a factor of ten, thus establishing it as a viable cultural attraction for Collier County. New attractions ( "Holiday Butterflies" and Dinosaurs" exhibits) will be 100% new to both residents and tourists and will be promoted as such in the advertising campaign. • Based on segmentation data of Florida gardens and cultural attractions, this expansion/refreshment of the attraction content will increase attendance to 33,000 in 2006- 2007. • The North America Butterfly Association (NABA) has more member chapters (11) in Florida than any other state in the U.S. There are numerous chapters in close proximity to Naples, including Fort Myers, Miami -Dade and Sarasota, which will allow THE GARDEN to partner with organized "destination" trips to the Garden. • Florida is the major U.S. destination for NABA members; there are six major locations for butterfly houses in Florida but none in SW Florida. • American cultural travelers accounted for 65% of all American adult travelers (TIAA 2001 study). Of these travelers who included a cultural activity during their trip, 32% added extra • time to their trip because of a cultural activity or event. Additionally, cultural travelers were found to have household incomes and education levels above the national average. 19. What is the current or anticipated annual visitation to your project/facility? Visitation /participation in programs and events : FY 2QQ1 2,585 Y.20g20(l3. 11,413 �FY 2 ,W4 �. - 25,248 Y 200" OQ5.1 30,000 :FY 200L006 _ 45,000 TY 2006; =2007 - : " , f 49,500 Note: By completion of Phase One of the Garden's Master Plan in 2010, annual visitation of 217,000 is anticipated (ERA Study, 2005). TDC 2006107 Page 24 Agenda Item No. 16F1 September 26, 2006 Page 75 of 104 2007 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES ART ASSOCIATION, INC. THIS AGREEMENT, is made and entered into this day of , 2006, by and between the Naples Art Association, Inc., a Florida not - for -profit corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY ". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan ") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion of tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not - for - profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for assistance with future Exhibitions, educational programs, festivals, special events and other promotional activities; and WHEREAS, The Tourist Development Council has recommended this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Collier County Government Tourist Development Council Grant Application, Special Category "C" Museum Grant and supporting documentation dated June 14, 2006, attached hereto as Exhibit "F", the GRANTEE shall produce printed material and temporary signs (hereinafter "the Project "). 2. PAYMENT: (a) The amount to be paid under this Agreement shall be a total of Thirty -Eight Thousand Dollars ($38,000), Thirty -Three Thousand Dollars ($33,000) for promotional brochures and flyers and Five Thousand Dollars ($5,000) for web site enhancement. The 1 Agenda Item No. 16F1 September 26, 2006 Page 76 of 104 GRANTEE shall be paid in accordance with fiscal procedures of the County for the expenditures incurred as described in Paragraph One (1) herein upon submittal of Exhibit "D" attached hereto and made a part hereof, and shall submit invoices to the Executive Director of the Naples, Marco, Everglades CVB or his designee for review and upon verification by letter from the Association that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. (b) The Executive Director of the Naples, Marco, Everglades CVB or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "F" shall constitute authorization for the expenditure[s] described in the invoice[s]. (c) All expenditures shall be made in conformity with this Agreement. (d) The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre- audits all payment invoices in accordance with law. (e) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit F" 3. ELIGIBLE EXPENDITURES: (a) Only eligible expenditures described in Paragraph One (1) will be paid by (b) COUNTY agrees to pay eligible expenditures incurred between October 1, 2006 and September 30, 2007. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within thirty (30) days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three (3) years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: 2 Agenda Item No. 16F1 September 26, 2006 Page 77 of 104 BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY — Statutory (c) The Certificate of Insurance must be delivered to the Executive Director of the Naples, Marco Island, Everglades CVB or his designee within ten (10) days of the approval of this Agreement by the COUNTY. The GRANTEE shall not commence promotional or advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY and the Agreement is fully executed.. 5. REPORTING REQUIREMENTS: (a) GRANTEE shall provide to County a Preliminary Status Report on the form attached hereto as Exhibit "A" within thirty (30) days of the effective date of the agreement. (b) GRANTEE shall provide to County a quarterly Interim Status Report on the form attached hereto as Exhibit `B ". (c) GRANTEE shall provide to County a Final Status Report on the form attached hereto as Exhibit "C" no later than November 15, 2007. (d) The report shall identify the amount spent, the duties performed, the services provided and the goods delivered since the previous reporting period. 6. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 7. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph One (1). (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and /or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 8. INDEMNIFICATION: 3 Agenda Item No. 16F1 September 26, 2006 Page 78 of 104 To the maximum extent permitted by Florida law, the GRANTEE shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the GRANTEE or anyone employed or utilized by the GRANTEE in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 9. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Taylor C. Wells, Executive Director The von Liebig Art Center 585 Park Street Naples, Florida 34102 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades CVB 3050 N. Horseshoe Drive, Suite 218 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 10. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendors or subcontractors, or to 4 Agenda Item No. 16F1 September 26, 2006 Page 79 of 104 constitute the GRANTEE, or its vendors or subcontractors, as an agent or employee of the COUNTY. 11. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this Agreement and shall provide all information and documentation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 12. TERMINATION: (a) The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving thirty (30) days advance written notice of such termination specifying the effective date of termination. (b) If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 13. If GRANTEE fails to complete the activity budgeted under Paragraph One (1) herein during the term of this agreement, GRANTEE shall repay to the COUNTY all funds expended by the COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the incompleted activity was sufficiently performed to justify the use of tourist development tax funds. GRANTEE may request an extension of time of up to twelve (12) additional months to complete the Project with the express consent of the Collier County Board of County Commissioners. 14. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 15. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. 16. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 5 Agenda Item No. 16F1 September 26, 2006 Page 80 of 104 17. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 18. TERM: This Agreement shall become effective on October 1, 2006 and shall remain effective for one year until September 30, 2007. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY. Any extension of this agreement beyond the one (1) year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 19. The GRANTEE must request any extension of this term in writing at least sixty (60) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one (1) year. 20. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the Executive Director of the Naples, Marco Island, Everglades CVB or his designee, along with a final budget analysis by September 30, 2007. 21. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 22. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bv: Frank Halas, Chairman 9 legal sufficiency (Printed Name) Assistant County Attorney WITNESSES: (1) Printed/Typed Name (2) Printed /Typed Name Agenda Item No. 16F1 September 26, 2006 Page 81 of 104 GRANTEE: NAPLES ART ASSOCIATION, INC. I: Printed/Typed Name 7 Agenda Item No. 16F1 September 26, 2006 Page 82 of 104 EXHIBIT "A" Collier County Tourist Development Council EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: Preliminary Status Report TITLE: FAX: On an attached sheet, answer the following questions and attach it to your application. PRELIMINARY INFORMATION: Is this a first time project? If not, please give details of past projects. Do you anticipate using area hotels in support of your project? If so, what are the estimated hotel rooms nights generated by project? What is the estimated revenue generated by this project? What is the estimated number of participants expected to visit the project? If project planning is in progress, what has been done, what remains to be done, and are there any problems? If the project planning has not been started, why? List any planned out -of- county advertising, marketing, and /or public relations that will be used in support of the project. �:3 Agenda Item No. 16F1 September 26, 2006 Page 83 of 104 EXHIBIT "B" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: ------------------------------------------------------------------- ------------------------------------------------------------------- On an attached sheet, answer the following questions to identify the status of the project. Submit this report at least quarterly. INTERIM — These questions will identify the current status of the project. After the TDC staff reviews this Interim Status Report, if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. Has the planning of this project started? At what point are you at with the planning stage for this project? (Percent of completion) Will any hotels /motels be utilized to support this project? If so, how many hotel room nights will be utilized? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this project? Have your submitted any advertisements or printed pieces to the TDC staff for approval? Please supply a sample and indicate the ad schedule. How has the public interest for this project been up to this point? 9 Agenda Item No. 16F1 September 26, 2006 Page 84 of 104 EXHIBIT "C" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: ADDRESS: PHONE: ----------------------------------------- ----------------------------------------- TITLE: FAX: On an attached sheet, answer the following questions for each element in your scope of work. Final — These questions should be answered for your final status report. Was this a first time project? If not, how many times has this event taken place? What hotels /motels were utilized to support the project and how many? What is the total revenue generated for this event? Total expenses. (Have all vendors been paid ?) List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that visited the project? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the project event? List any out -of- county- advertising, marketing, and /or public relations that was used to support the project and attach samples. How could the project been improved or expanded? 10 Agenda Item No. 16F1 September 26, 2006 Page 85 of 104 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE ( ) REQUEST PERIOD REQUEST# FROM TO ( ) INTERIM REPORT ( ) FINAL REPORT TOTAL CONTRACT AMOUNT $ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. A proof of an ad will not be accepted. Each additional request for payment subsequent to the first request, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATUR TITLE EXHIBIT "E" 11 Agenda Item No. 16171 September 26, 2006 Page 86 of 104 VISITOR QUESTIONNAIRE Thank you for taking the time to complete the following questions. This information will afford us the opportunity to better serve the needs of Collier County visitors. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU STAYING? HOTEL FRIENDS CAMPGROUND NAME OF HOTEL AND CITY: NAME OF CAMPGROUND: # OF ROOMS OCCUPIED x NUMBER OF NIGHTS YOU WILL STAY = HOW DID YOU SELECT THE HOTEL /CAMPGROUND? INTERNET YOUR CHOICE TRAVEL AGENT OTHER: NUMBER OF MEALS YOU OR YOUR GROUP will eat out. (Please provide a number determined by the number of people in your party times the number of days of your visit times the number of meals that will be eaten out each day.) = AREA ATTRACTIONS YOU PLAN TO VISIT: (Please Circle) Caribbean Gardens, Naples /Marco Corkscrew Swamp The Zoo in Naples Princess Sanctuary Water Everglades National Everglades Airboat sports /Parasailing Park Tour King Richards Fun Park Delnore- Wiggins State Park Rookery Bay Fakahatchee Strand Preserve Seminole Casino Lake Trafford Naples Pier The Conservancy's Nature Center Teddy Bear Museum Other: Please name below PLEASE REFER TO OUR COLLIER COUNTY BROCHURE FOR LOCATION OF AREA ATTRACTIONS. 12 EXHIBIT "F" EXHIBIT "F" Naples Art Association, Inc. Project Budget Agenda Item No. 16171 September 26, 2006 Page 87 of 104 Funding — Not to Exceed Exhibitions, Educational Programs, Festivals, Promotional Brochures and Flyers $33,000 45th Founders Juried Awards Exhibition Golf in American Art International Association of Pastel Societies Annual Exhibition Art Encounter 2007 East Meets West Awarding Pictures: The Art of Children's Book Illustration Children's Book Illustrator's Conference Fall Art Festival (Thanksgiving Weekend) Print newsletter Rack brochure Bookmark Program Schedule 2006 -07 Exhibition Announcement Postcards Members' Gallery Brochure Art in the Park Brochure Rentals Brochure Events flyers Website Enhancement Project Total: 13 $ 5,000 $38,000 Agenda Item No. 16F1 September 26, 2006 Page 88 of 104 14 0 Agenda Item No. 16F1 - September 26, 2006 Page 89 of 104 June 26, 2006 New Business Vi -5 2of17 COLLIER COUNTY GOVERNMENT TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION SPECIAL CATEGORY "C" MUSEUM GRANT I. GENERAL tN1FORMATION To ' assist us in evaluating the impact your project may have on Collier County and to better understand what support you are requesting, the following questions must be answered in W. 1. NAME OF ORGANIZATION: Naples Art Association at The von Liebig Art Center 2. NAME OF PROJECT: Expanding the Regional Impact of the Naples Art Association at The von Liebig Art Center through Exhibitions, Education Programs, Festivals and Special Events, and Promotion Activities 3. PROJECT INFORMATION: STREET ADDRESS: 585 Park Street, Naples, FL 34102 4. CONTACT PERSON: Taylor C. Wells, Executive Director 5. COMPLETE ADDRESS OF ORGANIZATION: STREET: 585 Park Street CITY: Naples ST: Florida ZIP: 34102 PHONE, 239 -262 -6517 FAX: 239- 262 -5404 6. ORGANIZATION'S CHIEF OFFICIAL.- Fred Sonnenberg TITLE: President, Board of Directors ADDRESS: 8120 Lowbank Drive, Naples, FL 34109 PHONE: 239 -514 -7130 FAX: n/a 7. TYPE OF APPLICANT: ( X ) NON- PROFIT ( )GOVERNMENT AGENCY ( ) FOR - PROFIT ORGANIZATION g. GRANT AMOUNT REQUESTED: $150,000 9. MATCH/LOCAL COST SHARE AMOUNT: $400,000 2 Agenda Item No. 16171 September 26, 2006 Page 90 of 104 June 26, 2006 New Business Vl -5 3of17 0 10. PROJECT TYPE (CHECK ONE) ( ) MUSEUM EXHIBIT ACQUISITION 8a DEVELOPMENT PROJECT ( ) ARCHAEOLOGICAL SITE SURVEY ( ) COMMUNITY EDUCATION PROGRAM ( ) HISTORIC RESTORATION () EDUCATIONAL MATERIALS ( ) HISTORIC SITE DESIGNATION (NATL REGISTER OF HISTORIC PLACES) ( ) HISTORICAL MARKER ( X ) OTHER: Expanding the Regional Impact of the Naples Art Association at The von Liebig Art Center through Exhibitions, Education Programs, Festivals and Special Events, and Promotion Activities 11. IF ENTIRE REQUEST CANNOT BE FUNDED, MAY THE PROJECT BE RESTRUCTURED WITH LESS TDC FUNDING? (X) YES () NO 12. PROJECT DESCRIPTION: Describe in detail the project for which funding is requested The NAA's funding request supports four components of the organization's activities for the grant i period: A) Exhibitions B) Education C) Festivals and Special Events D) Promotion Each is outlined below to show its importance to the NAA's mission and its positive impact on the local community, particularly tourism. A. NAA EXHIBITION SCHEDULE DURING GRANT PERIOD The von Liebig Art Center presents curated, juried and invitational exhibitions of contemporary American art throughout the year. Exhibits are designed to present both emerging and established artists in all media. Exhibits are admission free and open to the public in the Center's six galleries. Gallery hours are 10 am to 4 pm, Monday -- Saturday and 1— 4 pm, Sundays. November 18, 2006 — January 7, 2007 45'h Founders Juried Awards Exhibition This major juried exhibition features current work in all media by NAA member artists. Artwork and awards will be selected by internationally renowned artist Faith Ringgold who began her artistic career as a painter and is best known for.her painted story quilts. The 45th Founders Juried Agenda Item No. 16F1 September 26, 2006 Page 91 of 104 June 26, 2006 New Business VI -5 4 of 17 Awards Exhibition is expected to draw artists and visitors to Collier County from throughout the country. The exhibit will feature paintings, drawings, photographs, sculpture, mixed media and new media work by many local artists as well as visiting artists. The Awards Presentation will be held Friday, November 17. Promotion: This exhibition is open to artists from all over the country and will be publicized as such, with an emphasis on artists living on the Eastern Seaboard and especially the Southeast. In part, this exhibition is designed to attract new artists as members of the NAA by offering them a promotional reduced rate membership, thereby increasing the geographic reach of the NAA. The 44'h Founders Juried Awards Exhibition held in November and December of 2004 was viewed by 5,652 gallery visitors, and the Awards Presentation had a record- breaking 641 attendees. The NAA will significantly raise the awards to total S 10,000. This will attract more artist participation in the exhibition and attendance at the Awards Presentation in November, which will generate more hotel stays. In addition, artists are required to deliver their works in person, which will generate hotel stays for day of delivery through several days of the jury process (when artists not selected retrieve their work) as well as artwork pick -up at the end of the show in January 2007. January 20 — March 11, 2007 Golf in American Art Guest curator, J. William Meek, III (an NAA Board Member), is organizing an important exhibition which will "play" into the hearts of many a golfer, both local and visitor, The NAA considers Golf in American Art to be the premiere exhibition on this golf theme and its "blockbuster" exhibition of the season. The exhibition will feature paintings and sculpture by American artists depicting scenes of golf courses (both local and national), personalities of the Same, and the equipment. Sources for these works will be artists, artist's estates, fine art sales galleries, art museums, the World Golf Hall of Fame, Jack Nicklaus Museum, USGA Museum and possibly the PGA Museum. Famous artists from LeRoy Neiman (who is loaning two oils of Tiger Woods from his private collection) to Will Barnet, Hunt Slonem, and Robert Vickrey will be joined by noted area artists David Coolidge, Paul Arsenault and Richard Segalman. The USGA Museum will loan from six to ten oils dating back to the 1940s, and the nation's oldest museum of American Art, the Butler Institute of American Art in Ohio, will loan one Gary Erbe oil. The World Golf Hall of Fame in St. Augustine is equally excited about the show and plans on loaning an Andy Warhol of Jack Nicklaus. Promotion- Considering that there are 85 golf courses in Collier County, golf is extremely popular and thus the show should draw thousands to see it. There are approximately thirty golf magazines and five art magazines that will be provided news releases, along with all the airline magazines and city social magazines from around the state. The NAA will ensure that all golf courses in the region are aware of the exhibit as well. The publicity surrounding this show will be immense, 2 Agenda Item No. 16F1 September 26, 2006 Page 92 of 104 June 26-2006 New Business VI -5 5of17 Fairways, Flags and Traps: An NAA Members Juried Exhibition Naples Art Association members exhibit two and three dimensional artwork relating to or inspired by golf and golf courses. Fairways, Flags and Traps has the potential to bring many of the new NAA member artists to Naples to deliver artwork, attend the reception and collect artwork after the exhibit closes. Some of these artist will require over night accommodations. March 17 — April 299 2007 International Association of Pastel Societies Annual Exhibition Formed in 1994, the objective of LAPS is to celebrate worldwide the expanding presence of Dry Pastel as a major fine art painting medium. This exhibit is open to ZAPS member societies worldwide. Pastel artists participating in this exhibition will travel from all regions of the U.S., Canada and Great Britain. The Awards Presentation will be, Sunday, March 18. Promotion: This exhibition is open to artists around the world and will be promoted internationally. Artists juried into the show, artists who work in or enjoy pastels, collectors, and art supply vendors will attend this exhibition and spend several nights in town, with many staying for an accompanying six -day workshop. In addition, the NAA has agreed to host the IAPS annual conference tentatively scheduled for May 9 -11, 2009. The 2007 exhibition will help pave the way for worldwide promotion of this Naples -based conference with an anticipated attendance of 800. March 17 — April 7, 2007 i Jade Riedel Scholarship Competition Each year the NAA presents $6,000 in scholarship awards through a juried art competition. This exhibition features work by Collier County high school students who wish to further their art studies at the college level. The juried competition brings in an artist juror with national acclaim to preside over the awarding of scholarship money. As a result, the students who enter the show bring family and friends to the award ceremony who do not necessarily reside in Collier County. The Awards Presentation will be Friday, March 16. April 14 — April 29, 2007 Naples Art Association Student Exhibition An exhibition of work in all media by students who attended classes at The von Liebig Art Center during the 2006 -2007 sessions. May 12 — July 1, 2007 Art Encounter 2007 Art Encounter 2007 is a juried art competition open to all artists in the State of Florida. This exhibition has been held every other year and now is held annually. Many of the artists participating in this exhibition will be required to travel long distances to bring their artwork to Naples, attend the reception and collect their artwork after the exhibition closes. Friends and family members of the artists also travel great distances. Many people have made their first visit to Naples to attend Art Encounter exhibition. The Awards Presentation will be Friday, May 11. 5 Agenda Item No. 1f F1 September 26, 2006 Page 93 of 104 June 26, 2006 New Business V1-5 6of17 Promotion: This exhibition will attract artists from throughout Florida and will require statewide promotion. During the last Art Encounter, more than 200 artists submitted work and more than 100 were accepted into the show. Most of these artists visited Naples for the opening reception and awards presentation, generating several nights of hotel stays. July 14 — August 26, 2007 East Meets West Selected artists from Dade and Broward Counties will be invited to exhibit with selected artists from Collier and Lee Counties in this group exhibition. With cooperation from Southeast Florida arts organizations, this exhibit will travel and be reinstalled in a second venue. East Meets rest is expected to draw artists and visitors from the East Coast of Florida to Naples. Promotion: This exhibition will feature artists from the east and west coasts of Florida in a first - time juried exhibition of artists from both coasts. The NAA anticipates a large contingent of artists from throughout South Florida and collectors will view the exhibition. September 8 — November 4, 2007 Awarding Pictures: The Art of Children's Book Illustration Focusing on award winning artists working in the field of children's literature, this exhibition will showcase historic and contemporary artwork in media ranging from painting to video. The exhibition will highlight the significant impact that children's illustrations have had on the art world and the field of children's literature both nationally and internationally, Promotion: This exhibition will attract artists from all over the country. The NAA has also planned an academic conference W- "bids See Pictures, Adults Read Text: Caldecott vs. Newberry" -.. to extend the literary and artistic impact of this exhibition, which will generate more visitors and hotel stays. B. NAA EDUCATION PROGRAMS The education programs at the Naples Art Association encompass studio classes, workshops for artists and students interested in continuing education units or life -long learning, lectures, conferences, and special education- related events such as family days or theme -based seminars. These programs run throughout the year, and when combined with exhibitions, art festivals and special events, provide valuable cultural aspects for the region that, through their universal appeal, attract out of town visitors and local residents alike. The following programs outline the fundamental aspects of the NAA education program and provide the greatest impact for the county in terms of tourism and promotion. 0 LUNCH WITH THE ARTS N Agenda Item No. 16171 September 26, 2006 Page 94 of 104 June 26, 2006 New Business VI -5 7of17 Lunch With The Arts is a mid -day lecture program that runs one Monday each month, from 12 pm 2 pm, October through May. Launched in the 2005 -06 season, this popular education program was presented to capacity crowds at each session. Guest speakers include professional artists, historians, educators, or experts in a field relating to one of the Center's many exhibitions and/or its education collection. This program is a perfect cultural activity for visitors as well as business professionals because of its short duration. INSIDE THE JUROR'S CORNER The Juror's Comer is a program aimed at professional educators. Art professionals are invited from around the country to jury a number of NAA exhibitions. The presence of a nationally (in some cases internationally) known juror allows for a variety of programs to be held for the general public, but more specifically, for educators at all levels from around the state. These programs range from evening, lectures to roundtable discussions or mini - symposia and provide opportunities for educators to gain required continuing education units. CONTINUING EDUCATION UNIT WORKSHOPS Two major audiences in the State of Florida important for expanding the NAA's impact are certified teachers and design industry participants. These audiences are underserved in terms of organizations that provide opportunities for gaining required continuing education units to maintain special licenses and certifications. NAA artists are now providing workshops where certified Florida state teachers and state licensed contractors, builders, architects, and interior designers and decorators can expand their skill base and gain valuable credits toward their required continuing education hours. These workshops are approved through the curriculum coordinators and school board for teachers and through the Department of Business and Professional Regulation for design industry participants. The workshops are held at The von Liebig Art Center and are scheduled in September, November, and May. They will be promoted throughout the state. MASTER ARTIST WORKSHOPS Professional, master artist workshops are scheduled year round at The von Liebig Art Center. There are two divisions of workshops. The first is scheduled on a 1 -3 day basis and is marketed as a cultural package through hotel meeting planners and sales departments, concierges, and visitors bureaus. These workshops provide team - building opportunities for convention and conference participants and learning packages for conference spouses and/or individual visitors looking for packages that coincide with other destination packages like spa and golf being offered by the hotels. The second division of workshops is promoted to professional artists and art students around the country who are looking for opportunities to take intensive 5 -6 day workshops with master artists working at a national/intemational level. These workshops are also scheduled throughout the year and are promoted by direct mailing, flyers, and advertisements through the NAA and its partnering organizations, many of which are other cultural groups as well as hotels, concierges, and travel agents. CONFERENCES The education department at the NAA has implemented a schedule of mini- symposia (1 -2 day) and 3 -day academic conferences, The first of these conferences will happen in September of 2007 and will coincide with the exhibition, Awarding Pictures., The Art of Children's Book Illustration. The • NAA is partnering with The University of Southern Mississippi on this project and will promote 7 0 Agenda Item No. 16F1 September 26, 2006 Page 95 of 104 June 26, 2006 New Business VI -5 8of17 the event throughout the country, with an emphasis on the Southeast, to attract academics, media specialists, teachers, authors, artists, and university and public librarians all working in the field of children's literature. There will also be a teen division to this conference, which is the first of its kind and which will help to include an educational element that will attract teens from the surrounding counties to the conference. C. ART FESTIVALS AND SPECIAL EVENTS The local, regional and national impact of these festivals helps make Collier County a destination for visitors interested in learning about all aspects of our visual arts community. Art In the Park -- Art in the Park is Naples' oldest outdoor art show, celebrating its 50"' anniversary in the 2006 -07 seasont The show is held the first Saturday of the month, November through April, and is devoted to showcasing the talented artist members of the NAA. Each month, an average of 100- artists participate in this show, which is open to all NAA artists through a jury process. The show offers free admission and a relaxed atmosphere where visitors and residents can ask questions and usually find the same artist the following month if they come back to make a purchase or discuss commissioning a work. In the upcoming season, a portion of the show will move into Cambier Park. Naples National Art Festival — The NAA was honored when the Naples National was voted 11 t» Best Art Festival in the Country by Sunshine Artist magazine last fall. This tribute acknowledtes how hard the NAA works to bring high caliber, national artists to the Naples art scene. The 27 annual show, held this past February, had 271 artists from 35 states and drew its best attendance in the history of the festival. Almost 1,000 artists submitted applications to participate, knowing that Naples residents and visitors appreciate fine quality work and purchase it for their homes. in fact, this festival is known in the national art fair circuit for generating high sales for most participating artists. This helps drive industry "buzz" about the show. The Naples National is so well known by art collectors and patrons that the NAA is aware many people schedule their vacations in Naples around this festival. They arrive early the first morning of the show to make purchases before the crowds arrive. The NAA is developing a Patron Awards program to ensure these buyers have the best opportunity to own the works they seek. The NAA conducted an exit survey of guests during this year's show and found some very positive results: 96/0 of respondents rated the show as "excellent" or "very good"; 94% said they would attend next year's festival; and 40% said they were from outside Collier County. Haldeman Creek Art Festival — This is the newest of the NAA's art festivals and is still developing its identity and format. The past two shows were held on Bayshore Drive, This year's festival may be moved to a more attractive location, a move that will warrant a name change to reflect the fact that the festival is held on Thanksgiving weekend, a shoulder season kickoff to the 8 Agenda Item No. 16F1 September 26, 2006 Page 96 of 104 June 26, 2006 New Business VI -5 9of17 NAA's festival activities. Annually, this festival will continue to attractive approximately 200 out - of -town artists as well as regional collectors and art patrons. D. NAA PROMOTION PLAN The NAA's schedule for 2006 and 2007 features a variety of exhibition and education programs designed to reach a wide audience of adults and youth, residents and visitors, and artists working at all levels of their career development. The NAA's goal is to reach everyone who could benefit from these programs and ensure that all of NAA's programming efforts receive full attendance and participation. The NAA's promotion plan has been developed by the Marketing Committee (composed of staff, board members, volunteers and artists) over the past year and includes: • Targeted collateral • Print and broadcast advertising • Outdoor signage • Public and media relations • Electronic media (website and email newsletter), with emphasis on timely distribution that technology provides • Direct mail • Outreach is • Partnerships with local and regional arts organizations and other groups • Sponsorships • Packages with hotels, especially for conference attendees and/or their spouses • Putting a Press Room (including media kit, press releases and photographs) on the NAA's website (during the web enhancement process outlined later) for easy access by journalists, especially those outside Naples The NAA enjoys strong media coverage (see Media Relations section attached) and an excellent reputation throughout the community for artistic excellence. In the spring of 2006, the NAA began discussions with the Arts Center in St. Petersburg and the Ringling Museum in Sarasota to form a Florida West Coast Arts Coalition. Visitors to the art center in St. Petersburg often ask for information about other arts- related organizations they should visit as they travel down the West Coast of Florida, and staff there always refer tourists to The von Liebig Art Center. To seize this opportunity for cross promotion, the NAA and these two partners hope to: 1) exchange collateral on an ongoing basis; 2) arrange trips for members of each organization to attend major events at other facilities; and 3) 3) hold an annual symposium bringing together west coast arts organizations to network, share ideas and plan related activities (perhaps traveling exhibitions). All participating organizations are excited about the opportunities to drive more tourists and West Coast residents (especially partner's members) to each other's facilities. 7 Agenda Item No. 16F1 September 26, 2006 Page 97 of 104 .tune 26, 2006 New Business VI -5 10 of 17 The NAA is developing a plan to extend the coalition idea to the East Coast of Florida to provide a true cultural corridor for the visual arts. For the past 52 years, the NAA has provided a mainstay to reinforce Naples' growing image as an arts destination, and it will continue to do so. COLLATERAL NEEDS Collateral distribution is a cornerstone of the NAA's promotion efforts. The NAA has identified new collateral (* noted by asterisk) needing design and production as well as existing collateral that needs updating for the 2006 -07 season. (Expenses are based on printing, plus design and postage where required.) Pro j ects: • Print Newsletter — Although the NAA is focusing on its new monthly email newsletter as a primary means of communication, a print newsletter is still required. The NAA plans to make the following improvements: 1) produce three high quality, comprehensive newsletters annually, 2) produce a color newsletter on coated stock, to showcase the artwork (the current newsletter is black and red), and 3) reduce the page size to make the newsletter more user - friendly. Annual cost = $8, 000 • Rack Brochure * — A major attraction such as The von Liebig Art Center needs an attractive rack brochure for distribution locally, regionally, statewide and nationally. The format will be a card stock, one panel -two sided, 414, full bleed piece. Cost for 40, 000 = $2,000 • Bookmark * — The NAA will produce a color bookmark that lists our 2006 -07 exhibition schedule and other activities on one side and photos from the exhibitions on the other. Cost for 40, 000 = $2, 000 • Program Schedule 2006 -07 — The NAA will produce seasonal catalogues announcing studio classes and other educational events for the upcoming year. Cast - $7,500 • Postcards — The NAA sends postcards to announce exhibition openings and other special events. Cost - $9,500 • Members' Gallery Brochure * -- The NAA will produce a new brochure to promote the 2006 -07 exhibitions and encourage artists to participate. The format will be a three panel, 4/4, full bleed. 10 Agenda Item No. 16F1 September 26, 2006 Page 98 of 104 June 26, 2006 New Business VI -5 11 of 17 Cost = $1,500 • Art In The bark Brochure — The NAA will produce a new brochure to promote the 2006 -07 shows and encourage artists to participate. The format will be a three panel, 4/4, full bleed. Cast = $1,000 • Rentals Brochure * -- The Art Center is available year -round for rentals to meeting planners and conference attendees seeking an interesting venue for social events or team - building programs, local organizations needing a meeting site, and other purposes. The format will be a three panel, 4/4, full bleed. Cost = $1, 000 Annual Report * -- The NAA requires an attractive annual report for presentation when applying for sponsorships, grants and other support. In addition, it provides recognition to donors, members and others engaged in growing the organization. As the NAA is poised to hire its first Development Director soon (with thanks to the William J. von Liebig Foundation for underwriting the position), an annual report is paramount to the success of the NAA in growing sponsorships, grants and membership participation. The format will be a 20 -page, gloss text, 4/4 piece. Cast far 2, 000 reperts - $5, 000 • Events Flyers * -- The NAA will produce a color template flyer to be used to announce smaller events. Cost for 2, 500 flyers = $500 Distribution: The Collateral Distribution Points include, but are not limited to: * Members of the Naples Art Association. • Visitors to The von Liebig Art Center. • Students taking classes at the VLAC. • Guests at VLAC exhibition openings and other special events. • During Art in the Park (1 st Saturday, November -- April). a Visitor's Center. * Chamber of Commerce. • Greater Naples Convention and Visitor's Bureau. • United Arts Council. • Collier County libraries. * Collier County schools. • Regional colleges and universities, and particularly art faculty. • Members of the SW FL Concierge Association (meeting at the VLAC on October 10) for distribution at hotels. • Third Street concierge kiosk. 11 Agenda Item No. 16F1 - September 26, 2006 Page 99 of 104 June 26, 2006 New Business VI -5 12 of 17 • Fifth Avenue South Marketing Association. • Fifth Avenue and other Naples businesses, • Local journalists. • State of Florida, Division of Cultural Affairs. • West Coast Arts Coalition partners. • Exhibition and Program Sponsors. • Art centers and art museums throughout Florida and the Southeast region of the U.S. OTHER PROMOTIONAL MATERIALS TO BE PRODUCED The von Liebig Art Center is ideally located within the busy Cambier Park and the well known Fifth Avenue tourist district, However, the building's attractive, yet subtle, exterior is not yet fully recognized. A major goal established by the NAA's Marketing Committee is to create ways to draw attention and attract visitors to the Art Center. The NAA has met with professional sign makers, who made the following recommendations: Front Entry Signage — $3,000 The NAA requires a lighted sign that can be noticed at night from passersby on Fifth Avenue and also by people walking near the Art Center building on Park Street at night. In addition to being lighted (as allowed by code), the sign will have a permanent section offering standard information (hours, free admission, phone number, etc.) and a section that can be changed to reflect upcoming events, exhibitions and activities, Outdoor Changing Banners -- $8,000 The NAA will continue to produce horizontal banners to hang from the front and back of the building, promoting upcoming events. The goal is to change the banners approximately every two months. The above cost is for 12- months worth of banners. Outdoor Permanent Banners — $3,500 The NAA plans to produce vertical banners (4) to hang in the front and back of the building and list standard information (free admission, exhibitions, studio classes, hours, etc.). Pole Banners — $2,500 The NAA will produce vertical double -sided banners (4) that hang from the banner poles on the building's back patio and list upcoming and seasonal events. Standing Directional Signs -- $1,000 The NAA will produce two directional/information signs for placement at the Student's Entrance (off Park Street) and the ramp facing the cultural walkway leading from Fifth Avenue (near Vergina's). 0 WEBSITE ENHANCEMENT PROTECT 12 Agenda Item No. 16F1 September 26, 2006 Page 100 of 104 June 26, 2006 New Business V1 -5 13 of 17 • The NAA recognizes that the Internet is a primary source for research by both tourists seeking activities while traveling and local residents searching for resources in their community. The success of the NAA's email newsletter (launched in February 2006) reinforced the NAA's understanding of the impact of technology on communication. The NAA values electronic promotion and marketing, particularly to the international tourism market and the regional/state/national audience of artists participating in NAA shows and activities. The NAA's Marketing Committee has identified ways to update the Art Center's website. Planned enhancements include: • Redesign the home page to promote upcoming events and feature more information • Add more navigation bars, making it easier for people to find what they need • Add e- commerce, allowing people to purchase /renew membership, pay for classes and other -fee based programs, and make it easier for artists to register for art shows and festivals • Develop an Artists Database listing NAA artists, making the database searchable by name, media, festival participation and allowing NAA artists to post photos of their work and list their awards and upcoming shows • Construct an Image Gallery accessible 24/7 to the press (not the public) with photos from exhibitions, events plus graphics (such as logos) • Post more copy, publications, forms, etc. online • Build a Press Room featuring the Media Kit and press releases. • Links to Collier County resources and attractions to promote the area to visitors and residents alike. The estimated cost to rebuild and enhance the NAA's website is $5,000. 13. VISUAL PLAN FOR PROJECT: Provide a 3x5 photograph, drawing, or conceptual view of the property, site or exhibit. Please see attached. r� L.J 13 .13, art s t . »r . s N FOR PROJECT provide a photogmph, drawing, or conceptual view of the property, site, or exhibit. 0 _0 is The von Usbig Art Center ` it rw I : w Abw P" A. EXHIBITIONS A �.w.ran s,.•.:..w.,:..,a . srr.w rxuur +� +r+r ra a:v s•:r T I Agenda Item No. 16171 September 26, 2006 Page 101 of 104 June 26, 2006 New Business WS 14 of 17 i B. EDUCATION PROGRAMS PROFESSIONAL STUDIOS 5-6 DAY MASTER ARTIST WORKSHOPS S`T'UDIO SPACE FOR 1 -3 DAY MASTER ARTIST WORKSHOPS CONFERENCE RENTALS C. FESTIVALS �w i ART IN THE PARK ART FESTIVALS D. SPECIAL EVENTS ART AWARDS CEREmoNms EXHIBITION RECEP'T'IONS NAPLES NATIONAL PARTNERSHIPS WITH OTHER CUL'T'URAL ORGANIZATIONS Agenda Item No. 16F1 September 26, 2006 Page 102 of 104 NAPLES NATIONAL LECTURES Agenda Item No. 16F1 September 26, 2006 Page 103 of 104 June 26, 2006 New Business VI -5 16 of 17 14. ANNUALMAINTEN,ANCE: If applicable, what is the anticipated cost of annual maintenance of the historic property, site, marker, exhibit or program upon completion of the project? Who will be responsible for annual maintenance and what is the source of on -going funding? Maintenance of The von Liebig Art Center is the responsibility of the Naples Art Association, a 501(c)3 non -profit community service organization with a 21- member Board of Directors and staff of seven professional employees. Facility maintenance is managed by the Executive Director who works with a Building Committee, Finance Committee, Executive Committee and the Board of Directors to assure proper annual repair and renovations as needed, with financial support from the NAA's Building Fund. This summer, the Center's premier exhibition space, the Watson Gallery will receive a substantial upgrade with entirely new wall reconstruction, new baseboards, interior and exterior door upgrades to increase usable linear wall space and conform with fire codes and museum standards. This $65,000 capital project is being constructed by Kraft Construction Co., and the entire costs of this project are supported through foundation contributions this year to the Building Fund. 15. APPLICANT'S GRANT HIST OR.Y: Have you received previous grant assistance from the Collier County Tourist Development Council? No, 1 16. How tong will it take you to Complete this project? Activities will begin after October 1, 2006 and be completed by September 30, 2007. 17. MATCHING FUNDING SOURCES: List the sources and amounts of confirmed matching funds. The von Liebig Foundation $60,000 2 "d Chance Foundation $20,000 Mr. & Mrs. Alan B. Harris $10,000 Membership $100,000 Contributions $210,000 TOTAL MATCHING FUNDS: $400,000 14 C] Agenda Item No. 16F1 September 26, 2006 Page 104 of 104 June 26, 2006 New Business VI -5 17 of 17 18. provide a brief explanation of the Direct Economic Impact this project will have on the surrounding community. This grant support by the Collier County Tourist Development Council will strengthen the position of the Naples Art Association at The von Liebig Art Center as a major visual arts destination in Southwest Florida for tourists and residents alike. The Art Center's substantial schedule of changing exhibitions and national workshops, art festivals and conferences will continue to enhance the quality of life in Collier County while attracting nationally known artists, collectors, critics, instructors and arts lovers from throughout the country. This grant will provide program and promotion support to enhance the artistic excellence set forth over the past 52 years with the local art community, while improving organizational capacity for audience development from outside the region, This significant impact will be felt throughout Collier County's hospitality industry. 19. What is the current or anticipated annual visitation to your project/facility? The Naples Art Association reaches approximately 100,000 residents and visitors annually through the galleries, art festivals, educational classes and programs for adults and children, special events and fundraisers, off -site exhibitions, newsletters, website, partnerships with sponsors and the school system, and outreach activities. Historical data indicate that 50 percent of visitors to our exhibitions are non - residents of Collier County. Anecdotal information indicates that the Naples National Art Festival draws attendees from the mid -west coast of Florida and Miami/Ft. Lauderdale area as well as art buyers from throughout the country. We anticipate that one of the 2006 -07 exhibitions, Golf in American Art, will draw visitors and participants nationally, due to the popularity of golf in Southwest Florida and the national scope of the exhibition. 15 Agenda Item No. 16F2 September 26, 2006 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve the proposed changes to the Bylaws of the Emergency Medical Services Advisory Council and authorize the County Attorney to prepare an Amendment to Ordinance No. 02 -39. OBJECTIVE: That the Board of County Commissioners approve the proposed changes to the Bylaws of the Emergency Medical Services Advisory Council ( EMSAC) and authorize the County Attorney to prepare an Amendment to Ordinance No. 02 -39. CONSIDERATIONS: On August 23, 2006, EMSAC approved the proposed changes to the Bylaws. While the nature of most of the changes are "form related," an amendment is necessary to change Section 50 -27 of Ordinance No. 02 -39 to reflect a change in the reporting process to comply with Ordinance No. 01 -55, sec. 9 which calls for a report to the BCC every four years. FISCAL IMPACT: There is no Fiscal Impact as a result of this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact as a result of this action. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the proposed changes to the Bylaws of the Emergency Medical Services Advisory Council; and 2. Authorize the County Attorney to prepare the amendment to Ordinance No. 02- 39, sec. 50 -27 Purpose. PREPARED BY: Jeff Page, Chief, Emergency Medical Services Agenda Item No. 16F2 September 26, 2006 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F2 Item Summary: Recommendation to approve the proposed changes to the Bylaws of the Emergency Medical Services Advisory Council and authorize the County Attorney to prepare an Amendment to Ordinance No. 02 -39. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Jeff Page EMS Chief Date Bureau of Emergency EMS 916/2006 3:29:38 PM Services Approved By Jeff Page EMS Chief Date Bureau of Emergency EMS 917/2006 8:13 AM Services Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 91712006 2:13 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 9/12/2006 12:41 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911412006 8:28 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1412006 3:47 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911412006 7:26 PM Commissioners Agenda Item No. 16F2 September 26, 2006 Page 3 of 10 Revised 9/26/06 Exhibit A COLLIER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL BYLAWS ,ARTICLE I Section 1: The name of this organization shall be the Collier County Emergency Medical Services Advisory Council (hereinafter called EMSAC). ARTICLE II PURPOSE Section 1: The purpose, objectives, and functions of EMSAC are: A. To act as an advisory body to the Collier County Board of County Commissioners (hereinafter called the BCC) on all aspects of EMS in Collier County. B. To study and analyze all opportunities and challenges associated with providing optimal EMS throughout Collier County, This shall include the right and the responsibility to hear and investigate any complaints formally received pertaining to the quality of EMS services being rendered by any duly authorized provider. C. To encourage optimal performance standards for the provision of EMS. D. To encourage the training and education of both the professional provider and members of the general public in the provision of EMS care. E. To foster services that impact in any way with the provision of EMS in Collier County. F. To foster and promote the development and utilization of improved methods of EMS. G. To promote area -wide coordination and liaison of EMS with adjacent counties on matters of mutual concern. H. To establish liaison and planning with the County Emergency Management Department and other agencies as appropriated for the purpose of utilizing EMS resources in an optimal manner in the event of a major disaster involving mass casualties. I. Review complaints or problems brought before EMSAC. A procedure for the receiving, processing and disposition of complaints shall be adopted. J. To evaluate periodically and report to the BCC every four years on the quality of EMS in the County and to recommend corrective actions where deficiencies are thought to exist. May present reports to the BCC more often than every four years if the BCC requests such report or the council finds it to be appropriate. . K. To recommend to the BCC the adoption of such resolutions or other measures as may be required to insure the accomplishments of the purposes stated herein. ARTICLE III MEMBERSHIP Section 1: The regular membership of the Collier County Emergency Medical Services Advisory Council shall consist of fourteen (14) members to be appointed by resolution by the Board of County Commissioners as follows: A. A resident nominated by each County Commissioner living in his/her district. (Total 5 residents) B. Two (2) residents members (at large) living in the County. (To be nominated by the Board of County Commissioners) C. One (1) representative of the City Manager of Naples who is in the profession of Fire/Rescue/EMS. D. One (1) representative of the City of Marco who is in the profession of Fire/Rescue/EMS. Agenda Item No. 16F2 September 26, 2006 Page 4 of 10 E. One (1) person to be nominated by Collier County Health Department. F. One (1) person nominated by the Collier County Sheriffs Office. G. One (l) person representative of the Collier County Fire Chiefs Association. H. One (1) person nominated by Naples Community Hospital, who is in a responsible, administrative position pertaining to the providing of emergency medical services, on behalf of said organization. I. One (1) person nominated by Health Management Associates who is in a responsible, administrative position pertaining to the providing of emergency medical services, on behalf of said organization. Section 2: The following or their designate will service as ex- officio member to EMSAC without the right to vote: A. EMS Medical Director Section 3: The following will serve as staff advisors to EMSAC without the right to vote: A. Director of the Bureau of Emergency Services B. EMS Chief Section 4: All regular members of EMSAC will serve a three (3) year term with a limit of two (2) consecutive terms. Section 5: The membership by majority vote shall have the authority to recommend to the BCC the removal of any EMSAC member for failure to attend meetings. (See Article V, Section 5) ARTICLE IV MEETINGS Section 1: The regular meetings of the membership of EMSAC shall be held not less than monthly at such time and place as designated by the Chairperson. The Chairperson may call special meetings of EMSAC when such meetings are deemed necessary. Notice of special meetings shall be given to each member of EMSAC as provided in section 2 below. Pursuant to Florida's Sunshine Law, , all meetings shall be open to the public. This also includes committee meetings. Section 2: Notice of the time, place and purpose of all regular meetings and special meetings of EMSAC shall be made to each member not less than five (5) days before such meetings. Attendance by any members at such meetings shall constitute his/her waiver of the requirement of written notice. Section 3: Eight (8) voting members shall constitute a quorum necessary for the transaction of any business at any regular or special meeting of EMSAC. Section 4: All official records of EMSAC, including meeting notices, agendas, minutes and resolutions duly adopted, shall be open to public inspection and maintained by the Director of the Bureau of Emergency Services. Section 5: At the first regular meeting, the Chairperson will establish the times for regular meetings and will file the results with the BCC and the Clerk of the Board. ARTICLE V OFFICERS Section 1: The members of EMSAC shall elect from the members the following officers at each meeting held in October of each year: A. Chairperson B. Vice Chairperson These officers shall serve as the Executive Committee for EMSAC and be selected from the resident membership only. Agenda Item No. 16F2 September 26, 2006 Page 5 of 10 Section 2: The term of office of all officers of EMSAC shall be one (1) year or until their successors are elected. The terms will begin on the first meeting of October thought the end of September the following year. All tenns shall remain in accordance with existing Collier County Ordinances. Section 3: Any officer may be re- elected for the same office. Section 4 A vacancy in any office of Chairperson or Vice - Chairperson may be filled by EMSAC at any regular meeting or special meeting called for that purpose. Section 5: Duties: A. Chairperson: The Chairperson shall have the power, with the advice and consent of EMSAC, to recommend policy actions in the ordinary course of business to the BCC. The Chairperson shall perform the normal duties of the Chief Policy Officer of EMS. He /she shall preside at all meeting of EMSAC and be a member ex -officio of all committees. The Chairperson shall have further powers and duties as may be assigned by EMSAC. Vice - Chairperson: In the absence of the Chairperson or his/her inability to act, the Vice - Chairperson shall exercise all powers and duties of the Chairperson. The Vice - Chairperson shall have other duties and powers as may be assigned by EMSAC. Secretary: The Secretary for the EMSAC shall be the Director of the Bureau of Emergency Services or his/her designee. The Secretary shall cause to be kept all minutes of all meetings of EMSAC He /she shall be responsible for giving proper notice of alt meetings of EMSAC and, in general, shall perform all duties incidental to the office of Secretary. He/she shall have such further duties and powers as may be assigned to him/her by the Chairperson of EMSAC. It shall be the responsibility of the Secretary to report to the Executive Committee those EMSAC members who have missed two (2) unexcused consecutive or three (3) unexcused total EMSAC meetings within one year. Included in his/her report shall be indication of follow -up contact, to establish cause, and recommendation as to the appropriate disposition of said EMSAC member. The Secretary's report shall be submitted to the Executive Committee which, in turn, shall report to the EMSAC membership. Excused absences shall be coordinated with Secretary 24 hours prior to each meeting in order to meet attendance requirements. ARTICLE VI COMMITTEES Section 1: The Chairperson is empowered to appoint such permanent or ad hoc sub committee chairs as are deemed necessary for the successful execution of the EMSAC program. All committee activities must be reported at a regular EMSAC meeting. Committees must also comply with the Florida Sunshine law. ARTICLE VII AMENDMENTS Section 1: These By -laws may be amended by the Board of County Commissioners on its own initiative, or by approving proposed amendments by the EMSAC. A proposed amendment must be passed by a two- thirds vote of the EMSAC membership present and voting at any regular, special or annual meeting after notice of such proposals for amendment has been given to all members as provided in these By -taws. Section 2: Notice of any proposed amendment shall be submitted in writing to all members of EMSAC not less than thirty (30) days prior to the meeting at which such amendments are to be considered. ARTICLE VIII RULES OF PROCEDURE Section 1: All meetings of EMSAC and any committees shall be conducted and governed by Parliamentary Procedure and usage as contained and set forth in Robert's Rules of Order — Revised Edition unless otherwise provided for in these By -laws or except where modification of such rules is required because of the nature of the work to be accomplished by EMSAC. Section 2: The Chairperson of EMSAC and the Chairperson of each committee may appoint, if they so desire, an individual to be designated as Parliamentarian to assist them in the proper conduct of the business affairs of the organization. Agenda Item No. 16F2 September 26, 2006 Page 6 of 10 EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) August 23, 2003 COLLER COUNTY COMMISSION BOARD ROOM John Cassio — District 1 Commission District — Present Heather Rockcastle — District 1 — At Large — Absent David Bush — District 1 — At Large — Present Jeffrey Albritten — District 2 — Present District 3 Commission District — Vacant District 4 — Dr. Laschied - Present Richard Schmidt — District 5 Commission District — Present Gail Dolan — Naples Community Hospital — Present Jim McEvoy, Chief — City of Naples Police and Emergency Services — Present Judith Nuland — Collier County Health Department — Present Michael Murphy, Chief — City of Marco Island Fire /Rescue — Present Rob Potteiger, Assistant Chief — Collier County Fire Chiefs Associations — Absent Dr. Chris Hamann — Physicians Regional — Present Al Beatty, Captain — Collier County Sheriffs Office — Absent Chief Page inquired if Chief McEvoy would chair the meeting due to the vacancy of Michael Bridges, Chairman. Chief McEvoy called the August meeting of the EMSAC Committee to order. The meeting was opened with the "Pledge of Allegiance ". Chief Murphy made the motion to adopt the minutes from the June meeting (the July meeting did not have a quorum so there were no official minutes). The motion was 2nd by Ms. Nuland. Motion passed. OLD BUSINESS Revisions to the By-Iaws: Chief Page stated the copy of the by -laws handed out were the revisions by the County Attorneys office. The changes were noted on the copies. Chief Murphy made the motion to accept the by -laws as presented by the County Attorney and the motion was 2nd by Ms. Nuland. The motion was passed unanimously. Revision to User Fees: Chief Page had discussed the User Fees previous. The opinion of the Board at that time was not to raise the base rate of the ground or the helicopter transport but to adjust for the mileage for fuel increases. In meeting with the County Managers Office and Mr. Summers the intent is not to increase the ad- valorem taxes to make adjustments for the wage increases as provided in the Union Contract. It is staff s recommendation to increase the ground transport to $675. The helicopter base will increase to $5,900. to pay for the service and not to increase the taxes. This way the burden would be placed on the user not the taxpayer. Agenda Item No. 16F2 September 26, 2006 Page 7 of 10 Chief McEvoy agreed to increase the user fees not put the burden on the taxpayers. Ms. Nuland inquired if these increases would cover the new structure at the staff level. Chief Page said it should bring us right where we need to be. Our call volume this year should increase to 24,000. The current rate with this volume would fall short about one $1,400.000. Chief McEvoy inquired how this would affect Everglades City. Chief Page stated a citizen of Everglades previously had an issue with logistically using the helicopter and his charge being $5000. At the point of using the helicopter for a logistical type transport, when it is not trauma related, but because of the impact to take a ground unit out of Everglades City, we will now charge for the ground transport portion where they meet the helicopter. The charge will now be $675. (ground fee + mileage from Everglades to Naples Community). With no further discussion Chief McEvoy called for a motion. The motion to approve the adoption of the 2007 user fees was made by Chief Murphy, 2 "d by Mr. Bush. Motion approved unanimously. NEW BUSINESS Membership Applications: Chief Page handed out a roster of 4 applicants applying for membership. We have three terms expiring August 31. One is an At -large position and one position each in District 1 and 3. The only position they can apply for is the At Large. Chief McEvoy knew Dr. Lee on a professional basis and felt he was qualified as a physician and he could bring a lot of information to the position. Dr. Laschied stated she knew Dr. Lee and would highly recommend him for the position. He has a vast knowledgeable background and he is a very committed individual. Mr. Schmidt would also support his candidacy. With no further discussion Chief Murphy made the motion to accept Dr. Lee for the at large position 2 "d by Dr. Laschied. The motion passed unanimously. Update on Union Contract: Chief Page stated the meeting on August 17 went well. All articles were approved. The shift swaps and the number of medics off per shift, sick, vacation and personnel leave seemed to be the biggest concern. Both parties agreed to reduce the number off per shift and once there are more certified medics on board we would expand on the number in order to reduce mandatory overtime. The contact in its entirety will be posted to the bargaining unit. Once it is ratified it will be taken to the Board of County Commissioners and they will vote on it. We are looking at October 15` for everything to be approved. The contract duration will be for three years. Agenda Item No. 16F2 September 26, 2006 Page 8 of 10 Election of Officers: The selection of Chairman and Vice Chairman can only be from the resident membership. October is normally when the election of officers take place however with Mr. Bridges moving we need the position filled at this time because previously we did not have a Vice Chairman. Mr. Bush nominated Jeff Albritton. Motion was 2nd by Chief Murphy. Motion passed unanimously. Chairman Albritton nominated Dr. Laschied for the position of Vice Chairman. It was 2nd by Chief Murphy. Motion passed unanimously. STAFF REPORTS Chief Page stated we have 54 applicants for the testing on 9/11/06. We have 16 positions available for frill time paramedics. There are several part time positions available. Chief Page is hoping to be fully staffed by October 1. We will have 4 new units and have 5 new Horton ambulances coming. We recently held testing for Flight Medics. We had 16 applicants. They were ranked in order and as positions open they will be put in service. We have 9 flight medics presently but would like to have 12, for back up and rotation. Chief Page also informed the committee the academy structure is being changed. It used to take 12 to 18 months to have a State Certified/County Certified Medic. A paramedic cert tested yesterday with Dr. Tober and he said the individual, who has worked here 2 years as an EMT went to paramedic school and through the academy, was one of the finest he has cert tested since he has been here. That is a great tribute to the training department and the new academy structure. REGISTERED SPEAKERS No speakers registered. BOARD MEMBER DISCUSSION Mr. Cassio inquired if Chief Page had heard anything in reference to the Lorenzo High School having courses for paramedics and firefighters? Mr. Albritton stated there had been a discussion about a joint force academy but does not know if anything has happen on that. Chief Murphy stated the paramedic program as a degree with the perquisites required demand to great of a commitment. If it is a certificate in lieu of a degree it would be readily accepted. Broward County is turning out 150/200 paramedics a year as a certificate. Naples is losing a big market for students that do not have the time to go into a degree program. It sometimes takes 2 years just to fulfill the required perquisites. Ms. Nuland suggested it be looked into for Edison and Collier Schools to get together to see if a certificate for EMT and Paramedic level couldn't be held here. Agenda Item No. 16F2 September 26, 2006 Page 9 of 10 Chief Page had a concern that when something is done like that there isn't enough of the degree seeking to carry the class. Basically that program would/could be dropped. He doesn't want to take the degree program away. Chief Murphy said sometimes if they obtain the certificate and are working as medics then they have the time and there are additional incentives from the state for their career program in law enforcement, fire, and medicine. Mr. Albritton will take the issue back and look into it. Chief Page wanted the Committee to know an Academy on the East Coast has approached Collier EMS for an agreement for Collier EMS to fulfill their medics ride time. He has been reluctant to push forward because of the ride agreement with Edison. He doesn't want to impact our services by taking on another academy. He has not taken this to the Board. He wanted to discuss it with EMSAC. Dr. Laschied wanted to know what was in it for us (EMS). Chief Murphy stated you would have the selection of the "cream of the crop" Chief Page thought the primary intent would be to secure a job on the other coast. Ms. Nuland inquired as to the number of preceptors EMS has. Chief Page felt the challenge is logistically the students are generally working somewhere else. They have to do this on there off days. It is hard for an administrator to coordinate to make sure a preceptor is available and we have a limited number of preceptors also. He didn't think our department has the additional resource to take on the additional impact and he hoped the board would support that. Dr. Laschied felt that a vote from the committee would give the department their backing. Dr. Laschied stated the chair would entertain a motion regarding the position on not accepting the ride along agreement with the east coast. Motion to reject by Mr. Schmidt, motion 2"a by Ms. Nuland. Mr. Albritton abstained. Motion passed. Mr. Schmidt inquired about North Naples and Bonita Springs consolidating together at the fire department level? Chief Page felt one concern with North Naples would be the City eventually annexing at some point the Pelican Bay portion of that district. He feels they are trying to set up a regional type district. He thought they also invited North Naples to participate. Bonita does not have ALS transport capability and Lee Commissioners currently not providing any additional COPCN for transports and because North Naples would like that transport capability by forming a regional department, Chief Page thought they would be entitled and be able to have an ALS transport without requesting a COPCN from either Lee or Collier County. He doesn't know that for a fact those are just his thoughts. Mr. Schmidt inquired if it would circumvent both county boards. Chief Page stated he will have to do more research on the State level. Agenda Item No. 16F2 September 26, 2006 Page 10 of 10 Chief Page felt realistically it would take years to do, both districts would have to vote for this and they would have to have legislative support. Chief Brown has been attending the merger meetings, along with his commissioners. They haven't backed away from county wide consolidation. Chief McEvoy stating the fire commissioners and fire chiefs isn't holding these meetings at the direction of the county commission. They are working together as independents districts and two municipalities working on the study together. Ms. Dolan stated they have had a meeting with Collier and Lee EMS for helicopter transports to merge resources. To merge resources to have a helicopter for transports located on this side of Florida and the west coast and is something that should be considered. Chief McEvoy stated after two meetings on the consolidation, everyone is maintaining an open mind. Mr. Schmidt inquired about back injuries. He wanted to know they the medics did not use back supports. They do a lot of lifting of patients. Chief Page stated the department works with Risk Management within the county and there is some data that support by using the back supports the back can be weaken more or the possibility of trying to do more than should be done. It was looked at some time ago. The problem was not so much as enforcing the use, if the equipment is provided you have to make them use it and if you don't then you have a potential liability issue. --- The biggest problem was having the belt on with radios, pagers, and equipment that are required to carry, it just did not work. Ms. Dolan stated to be used correctly the support should be prescribed by a physician. EMS has an occupational health specialist in there Risk Department. Ms. Nuland stated back training approach is better. Chief Page stated the department has that. Back training is required for all new recruits and once a year an additional in service is given by the Risk Management Department. Since the program has been implemented here there has been a deduction in back injuries. We also provide more equipment in the stations to maintain fitness. They have also been looking at a Fitness Training Coordinator for the department. With no further questions Chief Murphy made the motion to adjourn. 2nd by Chief McEvoy. Respectfully submitted, Barbara Brown, Administrative Assistant Agenda Item No. 16F3 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE PROCEDURES FOR MANAGING MISCELLANEOUS RECEIVABLES OBJECTIVE: For the Board of County Commissioners to approve the procedures for managing miscellaneous receivables. CONSIDERATION: The Independent Auditor's Management Letter prepared by KPMG for the fiscal year ending September 30, 2004 revealed the following system wide deficiency, "the Board of County Commissioners does not follow -up on delinquent miscellaneous receivables. " On February 8, 2006, in a response letter to Inspector General Annette C. Kittrell, County Manager James V. Mudd reported that a procedure to monitor delinquency and collectabilty of miscellaneous receivables, including a write -off procedure, will be implemented by September 30, 2006. FISCAL IMPACT: There will be no direct fiscal impact resulting from the Board's approval of the procedures. The county's contracted collection agency (ies) would receive a "percentage" of amounts that they've collected. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the Procedures for Managing Miscellaneous Receivables. PREPARED BY: Michael J. Sheffield, Assistant to the County Manager Item Number: Item Summary: Meeting Date: Agenda Item No. 161`3 September 26, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F3 Recommendation to approve procedures for managing miscellaneous receivables. 9,'2612006 9:00:00 AM Approved By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 911212006 9:52 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911312006 4:12 PM Commissioners Agenda Item No. 16F3 September 26, 2006 Page 3 of 4 RESOLUTION NO. 2006- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING PROCEDURES FOR MANAGING MISCELLANIOUS RECEIVABLES WHEREAS, it is the responsibility of each department to manage the collection of miscellaneous accounts receivable. WHEREAS, the Independent Auditor's Management Letter prepared by KPMG for the fiscal year ending September 30, 2004 revealed the following system wide deficiency, "the Board of County Commissioners does not follow -up on delinquent miscellaneous receivables. " WHEREAS, on February 8, 2006, County Manager James V. Mudd informed the Inspector General of the State of Florida, Ms. Annette C. Kittrell, that a procedure to monitor delinquency and collectabilty of miscellaneous receivables, including a write -off procedure, will be implemented by September 30, 2006. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Board of County Commissioners hereby approves these Procedures for Managing Miscellaneous Receivables. THIS RESOLUTION is adopted after motion, second, and majority vote favoring adoption this -th day of 2006. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By By: Deputy Clerk Frank Halas, Chairman Approved as to form and legal sufficiency: William Mountford, Assistant County Attorney DRAFT Procedures for Managing Miscellaneous Receivables Agenda Item No. 16F3 September 26, 2006 Page 4 of 4 It is the responsibility of each department to manage the collection of their accounts receivable. The following shall be collection procedures for managing miscellaneous receivables. This procedure excludes those areas covered elsewhere by resolution, ordinance, and/or by separate policy. A. A past -due notice will be sent 30 -days after due date. B. 30 -days after the first past due notice is sent (60 -days past original due date) a second past due notice will be sent. C. After a 10 -day grace period following the second past due notice (70 -days past original due date), the account will be sent to the county's contracted collection agency. D. When, at any stage during the billing and collection procedure, a notice is returned because the Postal Service can not effectuate delivery, staff shall make reasonable efforts to ascertain the correct mailing address. E. Nothing contained in this section shall preclude reasonable telephone or other appropriate contact for billing and collection purposes, in accordance with applicable laws. F. A reasonable and customary payment plan may be made available to all service recipients or reasonable parties. Should the service recipient or reasonable party at any point fail to meet the terms or conditions of the payment plan, the unpaid balance shall be administered in accordance with this section. G. Prior to the end of each fiscal year, county department directors shall review all past due accounts and approve the discontinuance of collection efforts for those receivables that appear to be uncollectible, and report such accounts to the Board of County Commissioners. H. The Board may, after reviewing these past due accounts and after finding that diligent efforts at collection have proved unsuccessful, remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. Agenda Item No. 16F4 EXECUTIVE SUMMARY September 26, 6 of Page 1 of 6 Recommendation to Authorize the Issuance of a $29,532,05 Reimbursement Check Payable to the Department of Community Affairs for excess funds Received by Collier County in response to Tropical Storm Gabrielle OBJECTIVE: To reimburse the Florida Department of Community Affairs for excess funds received by Collier County in response to Tropical Storm Gabrielle. CONSIDERATIONS: Tropical Storm Gabrielle impacted Collier County and various Project Worksheets (PW's) were written by FEMA staff to secure reimbursement for Collier County for damages incurred. Staff in the Department of Emergency Management coordinated reimbursement efforts for Collier County. Project Worksheet (PW) 286 -0 was written in the amount of $36,296.37 for repairs to a gasoline dispenser pump at the Caxambas Boat launch. This constitutes a small project by FEMA standards and once the project worksheet is written and approved, reimbursement to Collier County is submitted electronically. It was subsequently discovered that the aforementioned PW reflected repairs to 11 dispenser pumps, rather than the single pump actually damaged. As such, a subsequent Project Worksheet (PW 286 -1) was written reflecting a deduction in reimbursable costs of $32,996.70. As noted in the attached correspondence from the Florida Department of Emergency Management, Collier County was overpaid by $29,532.05. The Board of County Commissioners is responsible for reimbursement of the $29,532.05 overpayment. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: A reimbursement in the amount of $29,532.05 is due to the State of Florida, Department of Community Affairs due to the overpayment received for damages incurred in response to Tropical Storm Gabrielle. Funds are available in the Other General Administrative cost center in the General Fund as the total funds budgeted in FY 06 for housing juvenile offenders will not be expended. RECOMMENDATION: That the Board of County Commissioners authorize a reimbursement in the amount of $29,532.05 made payable to the Department of Community Affairs as a result of an overpayment for costs incurred as a result of Tropical Storm Gabrielle. Prepared by: Michael Smykowski, OMB Director tip *, Agenda Item No. 16F4 September 26, 2006 Page 2 of 6 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT "State Emergency Response Team" JEB BUSH W. CRAIG FUGATE Director Governor August 10, 2006 '144 Rick Zyvoloski, Coor rl aator Divbs- -f Emerg.g4 Management' ' Collier C t� 3301 Ea �.� , 1 bail, Building F Napi , Florida 34- Dear Mr. Zyvoloski: This correspondence serves as a follow -up of the State of Florida Division of Emergency Management applicant's review on July 31, 2006. This review found questionable benefits received for Tropical Storm Gabrielle Project Worksheet (PW) 286 -1. Please find an attached copy of the Project Application Summary (P. 2) package # 39 reflecting this de- obligation. As a result of the de- obligation ($32,996.70), Collier County has been overpaid by $29,532.05. This amount represents the federal and state share plus administrative fees. By referencing pages 9 and 11 (see below) of the Funding Agreement, Collier County Commissioners are responsible for the payment of the above mentioned deficit. Recovery of Funds (Pape 9, Paragraph 11): "If the final inspection, audit of other review, by the Federal Emergency Management Agency (FEMA), or any other authorized entity determines that payment made under this Agreement exceeds the amount of the actual eligible costs, the Subgrantee shall, within forty-five (45) days of receipt of the determination notice, repay the Grantee the amount determined to be in excess of the actual costs. In the event the Subgrantee fails to make repayment, the Subgrantee authorizes the Grantee to take offset action as provided elsewhere in this Agreement." Noncompliance (Pape 11, Paragraph 13): "If the Subgrantee violates any of the conditions of the disaster relief assistance under the Robert T. Stafford Act of 1988, Public Law 93-288 as amended by Public Law 100 -707, the FEMA -State Agreement, this Agreement, applicable state law or applicable state or federal regulations, including those noted herein, additional financial assistance for the project in which the violation occurred will be withheld until such violation has been corrected or the Grantee may take any other action that is legally available " 2555 SHUMARD OAK BOULEVARD ■ TALLAHASSEE, FLORIDA 32399 -2100 Phone: 850.413.9969 Suncom: 850.293.9969 FAX: 850.488.1016 Internet address: htto://www.Flo[idaDisaiter.orG LONG TERM RECOVERY OFFICE ■ 100 SUNPORT LANE. ORLANDO, FLORIDA 3 2 8 0 9 Phone: 407.858.5018 FAX: 407.850.7501 Mr. Rick Zyvoloski August 10, 2006 Page Two Agenda Item No. 16F4 September 26, 2006 Page 3 of 6 Please make the check in the amount of $29,532.05 payable to the "Department of Community Affairs - Cashier" and mail to the address below: W. Craig Fugate, GAR Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Attn: Gary Freerksen, State Public Assistance Officer If you have any questions or should require further information, please feel free to contact Pam Hughes, State Public Assistance Grant Manager, at (850) 487 -2032 or via e-mail pam.hughes @dca.state.fl.us. Respe ull .C,. aig F� ug ector Divi ion of Emergency Managem WCF /php Attachment DATE: C1810112006 PACKAGE NO: 39 Agenda Item No. 16F4 FEDERAL EMERGENCY MANAGEMENT AGENCY September 26, 2006 PROJECT APPLICATION SUMMARY {P.2} Page 4 of 6 DISASTER t{: 1393 P.A. ID: C21- D8835 -130 APPLICANT, COLLIER COUNTY COMMISSIONERS Pwif VSN CAT INF COST SHR PROJECTED COMPL DATE APPROVED PW AMOUNT 286 1 G N N 03128/2CO3 (S32,996 70) Site Number: 1 DAMAGED REPAIR TO GASOLINE FUEL DISPENSER FACILIT`r GAXAD;fBAS BOAS' 1- 4UNGHNI, 809 COLLIER COURT FACILITY LOCATICN: REPAIRS TO GASOLINE DISPENSER PUMP PERFORMED BY J & M SERVICE, INC AS PER ATTACHED. "VERSION t - 6311.02 JaZ aBLICATION. THIS PW 286-1 WAS PREPARED TO CORRECT AN ERROR OCCU 3REO DURING THE PW APPROVAL_ THE SCOPE OF'NORK IN PW 286 -0. (S35,298.37) INDICATES THAT, TO RESTCRE THE FUEL PUMP TO SCOPE OF WORK: PROVIDE NORMAL OPERATION; REPAIR OF 11 DISPENSER PUMPS IS REQUIRF-I?, HOWE JER, THE CORRECT QUANTITY IS ONE (1) PUMP ($3,299.67) THEREFORE, AN ADJUSTMENT OF COST IS IN OF DER. 1 Pw PL ,'S: SUBGRANTEE ADMIN EXP: TOTAL: GRAND 1 OTAL: APPROVED BY: 1 PW S AMOUNT ELIGIBLE i �r354 Sid) k;33,8Sdi iitL) IRWO: SU8L3R ANTEE ADMIN EXP: TOTAL, STEVEN GLENN DISASTER RECOVERY MANAGER S FEDERAL SHARE (S243C, -5:3) d6 X9.44) X525 40.7 3 T S ANIOUNT E'tiIGIBLE. (432:19;76) 13'13.6313,�t# S°FWE;FiAL SHARE C3�5.dii7 �7) DATE: 12 MV2003 Page 1 of 1 i3RAt+l'i'I Agenda Item No. 16F4 September 26, 2006 Page 5 of 6 Tropical Storm Gabrielle PW 286-0 Overpayment as of September 14, 2006 PW Eligible Amount $ 36,296.37 FEMA @ 75% 27,222.28 State @ 12.5% 4,537.05 Admin Fee Paid 750.15 Total Received -PW 286 -0 32,509.47 Additional admin fees for other PW's 487.23 Total payment received $ 32,996.70 PW was for 11 pumps when it should have been for 1 pump PW Eligible Amount should have been $ 3,299.67 FEMA @ 75% 2,474.75 State @ 12.5% 412.46 Admin Fee Allowable 90.21 Total we should have received 2,977.42 Actual Received -PW 286 -0 from above 32,509.47 Less what we should have received (2,977.42) Balance due to FEMA $ 29,532.05 Agenda Item No. 16F4 September 26. 2006 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ,.....,. Item Number: 161`4 Item Summary: Recommendation to Authorize the Issuance of a $29,532.05 Reimbursement Check Payable to the Department of Community Affairs for Excess Funds Received by Collier County in Response to Tropical Storm Gabrielle. Meeting Date: 9126/2006 9:00:00 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9119/2006 4:23 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9120/2006 5:53 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 912012006 9:05 AM Commissioners Agenda Item No. 16F5 September 26, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2007 at a cost of $955,500. OBJECTIVE: Approval of an agreement to provide Collier County with medical examiner services pursuant to Chapter 406, Florida Statutes. CONSIDERATIONS: Dr. Marta U. Coburn, M.D. was re- appointed October 19, 2005 by Jeb Bush, Governor of the State of Florida, to serve as the District Twenty Medical Examiner. An agreement between Collier County and Dr. Marta U. Coburn, M.D. dba District Twenty Medical Examiner, Inc. is entered into annually to provide the County with medical examiner services. Section 406.06(3), Florida Statutes, states that the Medical Examiner shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners. Pursuant to Section 406.16, Florida Statues, the County shall pay for professional liability insurance for the Medical Examiner and Associate Medical Examiner(s). The payment of professional liability insurance is included in the agreement as an obligation of the County and shall be in addition to the semi - monthly compensation paid to the Medical Examiner. Dr. Coburn has submitted an annual budget, based on past statistics and reasonable projects, of $935,500 for services and an estimate of $20,000 for professional liability insurance. These amounts have been included in the County's budget for Fiscal Year 2007. FISCAL IMPACT: The cost to the County for Fiscal Year 2007 is $955,500 and funds are budgeted for Fiscal Year 2007 in Fund 001, Medical Examiner Services. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. for medical examiner services for Fiscal Year 2007 at a cost of $955,500. PREPARED BY: Mary Ann Cole, Administrative Assistant Department of Emergency Management Agenda Item No. 161`5 September 26, 2006 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F5 Recommendation to approve an Agreement between Collier County and Dr. Marta U. Item Summary: Coburn, M.D., Florida District Twenty Medical Examiner doe District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2D07 at a cost of $955.500. Meeting Date: 9;2612006 9:00:00 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 9/20/2006 2:54 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 912012006 4:46 PM Commissioners Agenda Item No. 16F5 September 26, 2006 Page 3 of 12 AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AGREEMENT FOR MEDICAL EXAMINER SERVICES, (Agreement), made and entered into this p?O Y.%ay of September , 2006, by and between Marta U. Coburn, M.D., Florida District Twenty Medical Examiner for Collier County, Florida, doing business as District 20 Medical Examiner, a Florida for Profit Corporation, (hereinafter called "Medical Examiner "), and the Board of County Commissioners of Collier County, Florida, (hereinafter called "County "). Medical Examiner and County are hereinafter collectively referred to as the "parties." WHEREAS, Dr. Marta U. Coburn was re- appointed Florida District Twenty Medical Examiner for Collier County, Florida, on October 19, 2005, by Jeb Bush, Governor of the State of Florida; and WHEREAS, Section 406.06(2), Florida Statutes, provides that the District Medical Examiner may appoint Associate Medical Examiner(s) to provide medical examiner services at all times and all places within the district and that said Associate Medical Examiner(s) shall serve at the pleasure of the District Medical Examiner; and WHEREAS, Section 406.06(3), Florida Statutes, states that District Medical Examiner(s) and Associate Medical Examiner(s) shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners in their respective district; and WHEREAS, Section 406.08(1), Florida Statutes, provides that fees, salaries and expenses for the Medical Examiner's office may be paid from the general funds or any other Agenda Item No. 16F5 September 26, 2006 Page 4 of 12 funds under the control of the Board of County Commissioners and that the Medical Examiner shall submit an annual budget to the Board of County Commissioners; and WHEREAS, Section 406.08(5), Florida Statutes, provides that autopsy and laboratory facilities utilized by the District Medical Examiner or Associate Medical Examiner(s) may be provided on a permanent or contractual basis by the counties within the district; and WHEREAS, Collier County desires to contract with Marta U. Coburn, M.D., Florida District Twenty Medical Examiner, doing business as District 20 Medical Examiner, Inc., a Florida Corporation, to provide medical examiner services under Chapter 406, Florida Statutes, as an independent contractor. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and provisions contained herein, the parties do hereby agree as follows: SECTION I TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2006, through September 30, 2007. SECTION II PURPOSE AND SCOPE OF CONTRACTUAL SERVICES The Medical Examiner hereby agrees to furnish services, labor and all equipment not otherwise provided for, necessary for the complete performance of the services contemplated hereunder, to wit: to serve as Florida District Twenty Medical Examiner for Collier County, Florida in accordance with Chapter 406, Florida Statutes, and the standards promulgated by the Florida Medical Examiner's Commission. SECTION III COMPENSATION AND PAYMENTS E Agenda Item No. 16175 September 26, 2006 Page 5 of 12 A. The County hereby agrees to compensate the Medical Examiner for services to be performed for the term of this Agreement, beginning on October 1, 2006, the amount of $935,500 by semimonthly payments ending September 30, 2007. B. Payments from the County to the Medical Examiner of the Compensation set forth paragraph A, above, shall be made on the 15th and 30th days of each month. If the 15th or 30th of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be made on the next County business day. It is expressly understood that each semimonthly payment shall be made for the services furnished for the preceding period of time. As a condition of said semimonthly payment by the County, the Medical Examiner shall be in full compliance with Section VII of this Agreement regarding reports. C. The Medical Examiner agrees and understands that under the terms of this Agreement, a full professional staff (associate medical examiner(s) and autopsy technician(s)) must be maintained in order to perform the Medical Examiner duties set forth under this Agreement and by Chapter 406, Florida Statutes. D. The County agrees and understands that the compensation provided for under this Agreement to the Medical Examiner is intended to cover the anticipated normal activities /workload of the Medical Examiner, based upon past statistics and reasonable projections. The County acknowledges and agrees that the semimonthly compensation of the Medical Examiner set forth in this Section has been established without consideration of disasters or occurrences of an unusual nature or magnitude such as would necessitate extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under this Agreement and Chapter 406, Florida Statutes. In the event of such disaster(s) or 3 Agenda Item No. 16F5 September 26, 2006 Page 6 of 12 occurrence(s), the Medical Examiner shall consult with and shall seek, but not necessarily obtain, the approval of the Collier County Emergency Management Director or his/her designee, for any additional expenditures. The Medical Examiner shall in all events retain the right to and shall then petition the Board of County Commissioners to reimburse the Medical Examiner for all extraordinary expenses and compensation which are justified and incurred by the Medical Examiner due to said disaster(s) or occurrence(s). The Medical Examiner shall provide invoices and receipts in an itemized manner to support the petition to the Board of County Commissioners for extraordinary compensation and expenditures. Examples of extraordinary disasters or occurrences include, but are not limited to: aircraft, bus and boat accidents where a simultaneous large loss of life has occurred; hurricanes and other natural disasters; and any other disasters or occurrences caused by nature or man made where a large loss of life is experienced. Upon petition of the Medical Examiner for extraordinary compensation and/or expenditures, and with the recommendation of the Collier County Emergency Management Director, the Board of County Commissioners shall determine, using a reasonable and objective standard, if extraordinary compensation and/or expenditures shall be paid to the Medical Examiner. SECTION IV FACILITIES AND EQUIPMENT A. in accordance with Section 406.08(5), Florida Statutes, the County agrees to provide and insure, at no cost to the Medical Examiner, a facility and all medical- laboratory related equipment reasonably required by the Medical Examiner to perform the duties as District Medical Examiner. All costs associated with maintaining the facility and its area landscaping will be paid by the Medical Examiner. The County shall bear the cost of the Medical Examiner's facility. 4 Agenda Item No. 16175 September 26, 2006 Page 7 of 12 B. All capital equipment needed and budgeted by the County for use by the Medical Examiner shall be purchased by, and be inventoried through, the County as County property. The procurement of said equipment shall be approved by the Collier County Emergency Management Director in accordance with the Collier County Purchasing Policy, upon submission of a requisition by the Medical Examiner. The Medical Examiner agrees to take reasonable care, maintain and repair any equipment provided by the County. The County agrees to include all equipment reasonably required by the Medical Examiner in the annual medical examiner budget submitted to the Board of County Commissioners for approval. C. Except as otherwise provided in this Agreement, the Medical Examiner shall be solely responsible for the payment of all normal and ordinary services, fees, and costs encumbered in the course of the Medical Examiner's office's operation. SECTION V PROFESSIONAL LIABILITY INSURANCE Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical Examiner's professional liability insurance. This payment shall be in addition to the semimonthly compensation paid to the Medical Examiner by the County under Section III of this Agreement. As a condition precedent to the County paying for the Medical Examiner's professional liability insurance, the Medical Examiner shall present to the County an original invoice evidencing the purchase by the Medical Examiner of said insurance coverage. SECTION VI USE OF FACILITIES AND EQUIPMENT BY THE MEDICAL EXAMINER FOR HUMANITARIAN AND /OR CHARITABLE PURPOSES The Medical Examiner shall be allowed to use the County's facility and laboratory equipment for humanitarian and/or charitable purposes provided that these purposes in no way interfere with the Medical Examiner's primary duty to serve as medical examiner for Collier 5 Agenda Item No. 16F5 September 26, 2006 Page 8 of 12 County. As provided in Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner not within the scope of the official duties performed for Collier County. The performance by the Medical Examiner of humanitarian and/or charitable services under this paragraph shall not be considered part of the official duties of the Medical Examiner. SECTION VII REPORTS The Medical Examiner agrees to provide to the County quarterly reports which shall include, minimally the following: cases; A. Number of all investigations and narrative reports for non - autopsy medical examiner B. Number of all autopsies performed; C. Court cases and medical/legal conferences, number and hours spent; D. Number of authorizations for all cremations and burials at sea and anatomical dissections; E. Number of hours of scene investigations; F. Any other activities not described above; The quarterly report shall be submitted by the 10th day of the month due to the County's Emergency Management Director. SECTION VIII MEDICAL EXAMINER AS INDEPENDENT CONTRACTOR A. It is hereby stated to be the expressed intent of the parties that under this Agreement the Medical Examiner shall act exclusively as an independent contractor rendering professional services for the County in accordance with Chapter 406, Florida Statutes, and the Medical Examiner shall not be considered as an employee or agent of the County. The Medical Examiner shall be solely responsible for the payment of all applicable taxes for compensation paid to the Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not be eligible for, nor participate in, any fringe benefits from the County. Agenda Item No. 16F5 September 26, 2006 Page 9 of 12 B. The Medical Examiner shall be responsible for employing and providing by separate Agreement, independent of the County, all personnel or other services necessary for the performance of the duties and responsibilities under this Agreement and in accordance with Chapter 406, Florida Statutes. The Medical Examiner shall have complete supervision and control over said employees who shall not be entitled, as a result of this Agreement, to any benefits granted employees of the County. C. Pursuant to Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner that are not within the scope of the official duties as Medical Examiner. SECTION IX NO PARTNERSHIP Nothing contained in this Agreement shall create or be construed as creating a partnership between the County and the Medical Examiner. SECTION X NO DISCRIMINATION The Medical Examiner agrees that there shall be no discrimination as to race, sex, color, creed or national origin at any County facilities provided under this Agreement and with regard to the provision of the services of the Medical Examiner contemplated by this Agreement. SECTION XI COMPENSATION FOR MEDICAL EXAMINER EXPERT TESTIMONY IN COLLIER COUNTY CRIMINAL PROCEEDINGS In accordance with the provisions of Chapter 29, Florida Statutes, as amended by Senate Bill 2962, effective July 1, 2004, all fees for expert testimony of the Medical Examiner in criminal proceedings shall be paid by the State of Florida. Upon performance of service, the Medical Examiner shall submit its fee for service to the appropriate State agency or court- appointed counsel. SECTION X1--1 NOTICES All notices from the County to the Medical Examiner shall be deemed duly served if mailed by registered or certified mail to the Medical Examiner at the following address: 7 Agenda Item No. 16F5 September 26, 2006 Page 10 of 12 Office of the Medical Examiner 3838 Domestic Avenue, Naples, FL 34104 All notices from the Medical Examiner to the County shall be deemed duly served if mailed by registered mail to the County at the following address: Collier County Emergency Management Director 3301 East Tamiami Trail Naples, Florida 34112 The County and the Medical Examiner may change the above mailing addresses at any time by giving the other parry written notification within fifteen (15) days of said mailing address change. All notices under this Agreement must be in writing. SECTION XIII NO IMPROPER USE The Medical Examiner will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purposes, or for any purpose in violation of any federal, state, county, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Medical Examiner or any staff of the Medical Examiner, the County shall have the right to suspend this Agreement with the Medical Examiner. Should the Medical Examiner fail to correct any such violation within twenty -four hours after receiving notice of such violation, such suspension shall continue until the violation is cured. SECTION XIV INDEMNIFICATION The Medical Examiner, in consideration of ten dollars, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agencies and employees from all suits and actions, including attorney fees and all costs of litigations and judgments of any name and description arising out of, or incidental to, the performance of this Agreement or services performed thereunder. The Medical Examiner's obligation pursuant to this provision shall not be limited in any way by the agreed -upon 8 Agenda Item too. 16F5 September 26, 2006 Page 11 of 12 compensation under this Agreement or the Medical Examiner's limit of, or lack of, sufficient insurance protection. The first ten dollars of compensation received by the Medical Examiner under this Agreement is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. SECTION XV TERMINATION AND CONTINUITY OF SERVICES A. This Agreement may be terminated by either parry upon ninety (90) days written notice to the other party by Registered Mail, return receipt requested. The parties shall deal with each other in good faith during the ninety -day period after any notice of any intent to terminate has been given. Either party may terminate this Agreement immediately for reasonable cause, upon written notice to the other. Reasonable cause shall include but not be limited to: (1) Material violation(s) of this Agreement; (2) Suspension or revocation of the Medical Examiner's license to practice medicine or other disciplinary actions taken against the Medical Examiner by the Florida Medical Examiners Commission or similar regulatory authority; (3) Revocation of the Medical Examiner's appointment as Medical Examiner for Florida Medical Examiner District Twenty; (4) Any violation of the Medical Examiner's duties as required under Chapter 406, Florida Statutes; (5) Repeated and/or prolonged absence(s) from office substantially affecting the performance of the duties of the Medical Examiner under this Agreement; (6) The death of the Medical Examiner; (7) Physical and/or mental incapacitation of the Medical Examiner substantially affecting the performance of the duties of the Medical Examiner under this Agreement. B. In the event of a termination of this Agreement by the County, the County shall only be required to pay such compensation to the Medical Examiner as she may be entitled to for services performed until the time of termination. 9 Agenda Item No. 16175 September 26, 2006 Page 12 of 12 SECTION XVI AMENDMENTS This Agreement may be modified by amendment at any time provided that such amendment is in writing and signed by both parties. SECTION XVII ATTORNEY FEES In the event of any litigation arising under this Agreement, the prevailing party.shall be entitled to recoup attorney fees and all costs of litigation from the non - prevailing party at both trial and all appellate levels. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: Dwight E. Brock, Clerk 0-17 Deputy Clerk First Witness SIgnature / Date t4do d1saW I I-P 41nm as Typed or Printed Name Second Witness Signature / Date p 14, at Typed or Printed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Frank Halas, Chairman ICAL EXAMINER arts U. Coburn, M.D. Medical Examiner Florida District Twenty Date: 10 Approved as to fo an le i cy k,Asistanl County Attorney Agenda Item No. 16G1 September 26, 2006 Page 1 of 42 EXECUTIVE SUMMARY Recommendation for the Collier County CRA Board to approve a CRA Resolution to amend the Fiscal Year 2006 -2007 Bayshore Gateway Triangle CRA Site Improvement Grant program and approve the amended form of the CRA Grant Agreement OBJECTIVE: Recommendation for the Collier County CRA Board to approve a CRA Resolution to amend the Fiscal Year 2006 -2007 Bayshore Gateway Triangle CRA Site Improvement Grant program and approve the amended form of the CRA Grant Agreement. BACKGROUND: Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment agencies" — authorizes the CRA to carry out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the community redevelopment plan. Collier County Ordinance 2002 -38 (Exhibit "A ") created the Site Improvement Grant for the Bayshore Gateway Triangle Redevelopment Area. The ordinance provided that the CRA Board may amend the Site Improvement Grant by Resolution. CONSIDERATIONS: The CRA Local Advisory Board has monitored the Site Improvement Grant program for the CRA for four years. A thorough review of the program and its process has determined that the program should be amended to better serve the community by increasing the field of applicants to include residential rental properties and restructure the private- sector's required matching funds. Recommended matching fund requirements of the program include: • Owner- occupied residential: Dollar- for - dollar match up to $8,000.00 from the CRA. • Commercial property: Two private dollars for every CRA dollar up to $8,000.00 from the CRA. • Residential - rental (single family houses and duplexes only): Three private dollars for every CRA dollar up to $8,000.00 from the CRA. The form of the CRA Grant Agreement has been modified to reflect the amendments made to the Site Improvement Grant program. FISCAL IMPACT: During FY 2005 -2006, fourteen (14) grants were approved which obligated $98,880 in CRA FY 06 money. Available FY 06 budget for the grant program totals $100,000. Private sector matching dollars connected with the approved FY 06 grants total $522,675. For FY 2006 -2007, the proposed Bayshore. Gateway Triangle CRA budget (187) contains $100,000 in new money for grant purposes. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA, that may consider, modifications to development standards, improvements to infrastructure and incentives to encourage redevelopment. RECOMMENDATION: Recommendation for the Collier County CRA Board to approve a CRA Resolution to amend the Fiscal Year 2006 -2007 Bayshore Gateway Triangle CRA Site Improvement Grant program and approve the amended form of the CRA Grant Agreement. Prepared by: David L. Jackson on September 7, 2006 Executive Director, Bayshore /Gateway Triangle Community Redevelopment Agency Agenda Item No. 16G1 September 26. 2006 Page 2 of 42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16G1 Item Summary: Recommendation for the Collier County CRA Board to approve a CRA Resolution to amend the Bayshore Gateway Triangle CRA Site Improvement Grant program for FY2007 funding cycle, and approve the amended form of the CRA Grant Agreement, Meeting Date: 9.!2612006 9:00:00 AM Prepared By David Jackson Executive Director Date Community Redevelopment Bayshore - Gateway Redevelopment 9/612006 3:16:05 PM Agency Approved By David Jackson Executive Director Date Community Redevelopment Bayshore - Gateway Redevelopment 91612006 3:15 PM Agency Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911212006 6 :42 AM Approved By Marjorie M. Student - Stirling Assistant County Attorney Date County Attorney County Attorney Office 911312006 4:11 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 911512006 10:12 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 971512006 10:47 AM Commissioners 8910777 iry �� i►U6 � � 1N` Agenda Item No. 16G1 September 26, 2006 Page 3 of 42 ORDINANCE NO. 2002- 38 �s OWEN ORDINANCE OF COLLIER COUNTY, FLORIDA CREATING SITE IMPROVEMENT GRANT AND IMPACT FEE ASSISTANCE GRANT FOR THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA; PROVIDING FOR ANNUAL APPROPRIATION BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR ADOPTION; PROVID&d FOR ADMINISTRATION BY THE COLLIER COUI!TY , COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR r CONFLICT AND SEVERABILITY; PROVIDING frOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS ,k? D Y. ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DAT�L; - _n �7. , ? �n� cry WHEREAS, Resolution No. 2000 -83 was adopted by the County Commission on March 14, 2000 creating the Community Redevelopment Agency of Collier County, Florida (the "CRA "); and WHEREAS, Resolution No. 2000 -181 was adopted by the County Commission on June 13, 2000 adopting a Community Redevelopment Plan (the "Plan ") for the community redevelopment area as described in that Resolution; and WHEREAS, Ordinance No. 200042 was adopted by the County Commission on June 13, 2000, establishing the Redevelopment Trust Fund which appropriates "incremental tax revenues" for community redevelopment purposes; and WHEREAS, the County Commission desires to use a portion of the funds in the Redevelopment Trust Fund for a Site Improvement Grant and Impact Fee Assistance Grant to allow the use of tax increment funding for projects within the redevelopment area. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Title and Citation. This Ordinance shall be known and cited as the "Collier County Redevelopment Grant Program Ordinance ". SECTION TWO: Annual Appropriation. The Board of County Commissioners shall annually, during its budget process, allocate funding for grant programs from the Redevelopment Trust Fund for the community redevelopment area. The Board of County Commissioners, in its discretion, may adjust the amount allocated for grant programs at any time during its fiscal year. SECTION THREE: Adoption of Site Improvement Grant and Impact Fee Assistance Grant Programs. The Site Improvement Grant and Impact Fee Assistance Grant programs are hereby adopted. A copy of said programs are annexed to this ordinance and adopted and made a par[ of this Page 1 of 2 Agenda Item No. 16G1 September 26, 2006 Page 4 of 42 ordinance by reference. Either the Site Improvement Grant or the Impact Fee Assistance Grant program may be amended by resolution of the CRA. SECTION FOUR: Administration by CRA. The Board of County Commissioners delegates the administration of the grant programs to the CRA including, but not limited to, selection of recipients, contracting with owners and contract enforcement. The CRA shall approve all applicants for funding after the Board of County Commissioners allocates grant program funding for each fiscal year. The recipients of any grant funds shall be required to execute an agreement in a form approved by the County Attorney's Office for legal sufficiency and approved by the CRA. SECTION FIVE: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion.of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SEVEN: Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier %.I- U County, Florida this 30— day of 2002, _=•.Eys. •.. .., Wi: pit t0`irtaan't ATE &T; , ;NLUM'!� tiJ'i ; BOARD OF COUNTY COMMISSIONERS DW1 qeT BROCK "... 1,� `; OF COLLIER COUNTY, FLORIDA By: 4-15241� �. JA N. , C trman Approved as to form and legal sufficiency: 161 ��, , (0- l-feidi F. Ashton Assistant County Attorney h:HFAkOrd1CRA2002 Page 2 of 2 This ordinance filrA Secretory of State's C rt*FW ;rA9zdpy of 1 Zasa.- ond ackno rledger{enpt� �0f. �t 1 rt filin r this - LG`±•'r!oay of Agenda Item No. 16G1 DRAFT September 26, 2006 Page 5 of 42 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY SITE IMPROVEMENT GRANT PROGRAM General Provisions The Collier County CRA has created the Site Improvement Grant Program to provide financial assistance to residential and commercial establishments that want to redevelop in the Bayshore /Gateway Triangle redevelopment area. The program has been established to encourage rehabilitation and preservation of significant commercial buildings in the Bayshore Drive Mixed Use Zoning Overlay by offering financial and technical assistance for fagade improvements. In addition, single and multi - family dwellings'are eligible throughout the entire Bayshore /Gateway Triangle Redevelopment Area. Improvements must be exterior improvements to the structure or surrounding site or improvements to windows /showcase areas if visible from the outside of the building. All improvements must meet the criteria listed below as well as the current requirements of the land development code, building code and any applicable zoning overlays. Improvements that remedy existing code enforcement problems also qualify if combined with other site improvements. The CRA is partially funded by Tax Increment Financing (TIF). TIF is a unique tool that CRA's can use to leverage public funds and to promote private sector activity. The CRA has allocated approximately $24,000 for Site Improvement Grants for year 2002, using 2000 -2001 TIF funds. The CRA will provide 50% of the cost of improvements, up to a maximum grant amount of $4,000. For example, a project that will cost $10,000 total may receive a grant for up to $4,000, however a project that will cost a total of $7,000 will only receive a grant for up to $3,500. Funding award will be evaluated based on the contribution made by each applicant as well as extent of improvements. Commercial and mulilt- family projects must include a minimum of five (5) improvements and single family residential projects must include a minimum of three (3) improvements (described below). For example, a project that consists of only one type of improvement (new sign only) will not qualify. All work must be approved by the CRA Advisory Board, the CRA and any applicable county departments that would normally review such improvements. All proposed work must be approved before beginning any work. Grant funding is not retroactive. All work must be completed within one year of approval by CRA. Grant applications must be submitted by MONTH, DAY, 2002 at 5:00 pm. Applicants are required to request a meeting with staff prior to submittal of application. All meetings must be requested prior to MONTH DA Y to ensure availability of staff time. Eligibility Grant funds are eligible to commercial structures (owner or tenant with a minimum lease term of 3 years) within the Bayshore Drive Mixed Use Zoning Overlay. Tenants must have a current occupational license and owner authorization. Authorization form must be submitted with application. Owner occupied residential structures are also eligible throughout the entire Bayshore/Gateway Triangle Redevelopment Overlay as identified on the County's Future Land Use Map. Grants funds may be used for the following improvements: • Removal of false facade, awnings, canopies, porches, signs or old entryway • Porches, awnings, canopies • Construction of new public entrances • Signs (commercial structures or approved conditional use bed and breakfast establishments) • Painting (all colors must be approved) • Window or door replacements or repairs SITE NPROITAIENT GRANT PROGRAM DRAFT Agenda Item No. 16G1 September 26, 2006 Page 6 of 42 • Window boxes or showcase areas visible from outside of the building • Repointing of mortar joints for brick or stone fronts • Woodwork repair, replacement or new installation • Stucco work • Landscaping installation and improvement (commercial and multi - family residential projects only) • All work must be completed within one year of approval by CPA Grant funds may not be used for: • Working capital or administrative costs (payroll, rent, utilities, etc.) • Interior renovations (except for window boxes or showcase areas visible from outside building) • Demolition only • Loans or other capital support • Work that will extend beyond one year of approval by CRA Project Evaluation All projects will be evaluated based upon the following: • Applicant's financial contribution (greater the applicant's contribution, more points awarded) • Number and extent of improvements (minimum 5 for commercial, 3 for single - family residential) • Ability to begin work immediately and ability to complete project within one year • Remedy of code enforcement problems • Residential and commercial projects will be considered separately A point system will be used to evaluate projects, using the following table (application must clearly indicate what project provides to get the points associated with that item): POINTS FORM Project Provides Points Awarded Removal of false fa ade, awnings, canopies, porches, signs or old entryway I New porch, awning, and/or canopy I Construction of new public entrance I New signs I New 2aint only I Paint complements the "Old Florida" style I Design consistent with the "Old Florida" style I Replacement or repaired windows or doors I Window boxes or showcase areas visible from outside of the building 1 Re pointing of mortar joints for brick or stone fronts I Woodwork repair, replacement or new installation 1 Stucco work 1 Parking improvements 2 Landscaping improvements 2 Hurricane protection (storm shutters) 2 Subtotal Other Criteria Applicant has funding and is prepared to begin permitting process and hiring of qualified contractors immediately following CRA approval and complete all work within one year of approval by CRA 5 Improvements will allow applicant to remedy existing code enforcement problems 5 151 time Site Improvement Grant applicant (repeat applicants qualify for points if *rant not awarded previously) 5 Requires CRA contribution of 25% or less of the total project cost 10 Requires CRA contribution of 50% or less of the total project cost 5 SubtotalI! TOTAL Any alterations in the project must be approved by the CRA to avoid revocation of funding. In the event that the total funding request from all applicants exceeds the amount available for this grant cycle, funds will be awarded at the final discretion of the CRA based on the merits provided to the redevelopment area. SITE IMPROY£AIENT GRANT PROGRAM DRAFT Process Agenda Item No. 16G1 September 26, 2006 Page 7 of 42 Step 1: Applicant Meets with Staff • Applicant must request a meeting with staff prior to submittal of application; meeting must be scheduled prior to MONTH, DAY 2002. Step 2: Applicant Submittal • Site Improvement Grant Application • Project Initiation and Completion Form • Owner Authorization Form (if tenant is applicant) — requires notarization • Two 8X10 color photos of the existing building facade ( "before" photos) • Sketch of proposed improvements (for commercial projects, sketch must be prepared by a licensed architect) • Budget estimates for the improvements Step 3: CRA Staff and Advisory Board Review • CRA staff reviews application and completes the Points Form, then places the application on agenda of next Advisory Board meeting • Advisory board checks project to make sure it meets all grant criteria and Redevelopment Plan criteria • Applicant is required to be present at the Advisory Board meeting to answer any questions that may arise during the review or to provide additional material if requested • If project meets all criteria, the Advisory Board makes a recommendation to CRA to approve the application with a reimbursement of 50% of the total project costs, not to exceed $4,000. • Grant funding is limited with first priority given to projects with higher points. Step 4: CRA Review and Approval • CRA staff prepares Site Improvement Grant Agreement for the CRA to review and approve • Applicant signs Site Improvement Grant Agreement • Application with Advisory Board recommendation and agreement both placed on CRA agenda for review and approval; CRA reviews Advisory Board recommendation and agreement during regular meeting and approves or denies project Step S: Permitting and Site Plan Improvement Process • If CRA approves project, applicant obtains all necessary permits and/or submits county site improvement plan to Community Development & Environmental Services Division. Step 6: Project Work • Applicant applies for and receives permits, then begins work Step 7: Project Completion and Submittal of Project Summary Report • Upon completion of work and after all inspections have been completed to insure work conforms to the work that was proposed, applicant submits: o Project Surnmary Report, including description of completed improvements, two 8X10 "after" photos, list of materials and construction techniques used, list of architects and/or contractors and any additional information specific to the project. o Payment Request Form and all receipts and/or canceled checks as proof that all materials and contracted improvements have been paid • The Grant Award is then paid to the applicant. SITE IMPRovayENT GRANT PROGRAM DRAFT Agenda Item No. 16G1 September 26, 2006 Page 8 of 42 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY SITE IMPROVEMENT GRANT APPLICATION Section 1: Applicant Information Owner Name: Owner Address: Site Address (if different from owner address): Legal Description of Site: Daytime Phone: Alternate Phone: How long have you owned this property ?: How long is lease term if leased ?: (attach copy of lease_ Tenant Name: Tenant Daytime Phone: Tenant Alternate Phone: Number of Years in Business at Site Address: Occupational License Number: Other Tenant Names, if any: First Time Site Improvement Grant Applicant? Yes No If no, how many applications submitted? Grant(s) awarded? Yes No SITE ImPfiovviENT GRANT PROGRABI DRAFT Section 2: Project Information Existing Condition of Project (attach additional sheets if necessary): Agenda item No. 16G1 September 26, 2006 Page 9 of 42 ATTACH "BEFORE" PHOTOS (INCLUDING AT LEAST TWO 8XI0S, OTHERS MAY BE ADDED TO A CCURA TEL Y DESCRIBE THE SITE). Outline Proposed Improvements in Detail (attach additional sheets if necessary): List Materials to be Used and Construction Methods to be Utilized (i.e. red bricks wood panels, etc.) (attach additional sheets if necessary): ATTACH PHOTOCOPIES OF EXISTING CONDITIONS PHOTOS IDENTIFYING AREAS TO BE IMPROVED. ATTACH DRAWINGS OR SKETCH OF IMPROVEMENTS (FOR COMMERCIAL PROJECTS, SKETCH MUST BE PREPARED BY A LICENSED ARCHITECT). ATTACH COLOR SAMPLES FOR EACH IMPROVEMENT. SITE lAfl'RUVFMF.NT GRANT PROGRAM 5 DRAFT Section 3: Project Cost Information Estimated Project Cost: Estimated Request from CRA (up to 50% of the total project cost, up to, but not exceeding $4,000.) Agenda Item No. 16G1 September 26, 2006 Page 10 of 42 COPIES OF ALL RECEIPTS AND /OR CANCELED CHECKS WILL REQUIRED UPON PROJECT COMPLETION AS PROOF THAT ALL MATERIALS AND CONTRACTED IMPROVEMENTS HAVE BEEN PAID. NO REIMBURSEMENT WILL BE MADE BY THE CRA UNTIL ALL RECEIPTS AND /OR CANCELLED CHECKS HAVE BEEN RECEIVED AND VERIFIED. Note: The CRA will reimburse only 50% of the total project cost, up to, but not exceeding a maximum amount of $4, 000 upon completion of the project and submittal of the Payment Request Form. T1 r' IAIPRO {'EA'IENT CiRAN1' I'AtOGR.aAI 6 FUR CRA USE ONLI Total` Estimated Project Cost, Request from CRA: Percentage of Total: T1 r' IAIPRO {'EA'IENT CiRAN1' I'AtOGR.aAI 6 Agenda Item No. 16G1 DRAFT September 26, 2006 Page 11 of 42 Section 4: Project Forms All applicable forms must be completed. Forms to include with application: 1. Project Initiation and Completion Form 2. Owner Authorization Form (if tenant is applicant) — requires notarization Form to complete and have approved by CRA prior to start of project: 1. Site Improvement Grant Agreement (provided by staff after Advisory Board recommendation and prior to CRA review and approval of grant application) Forms to submit following project completion: 1. Project Summary Report Form 2. Payment Request Form - — requires notarization S1rE 1AIPROMFUENT GRANT PROGRA.11 7 DRAFT Agenda Item No. 16G1 September 26, 2006 Page 12 of 42 ..- Project Initiation and Completion Form (to be submitted with Site Improvement Grant Application) owner /tenant of the property located at have the funding and capability necessary to begin the site improvements listed under Section 2 of the completed site improvement grant application and have the ability to complete all improvements within one year of the approval of the site improvement grant by the Collier County Community Redevelopment Agency. Signature of Owner /Tenant Signature of Owner /Tenant (if jointly owned or leased) Signature of Owner /Tenant (if jointly owned or leased) Date Date Date SJTE /MPROVEA4ENT GRANT PROGRAM 8 DRAFT Agenda Item No. 16G1 September 26, 2006 Page 13 of 42 Owner Authorization Form (to be submitted with Site Improvment Grant Application, if tenant is applicant) owner of the property located at , understand that who has a valid lease for the above listed property, and authorize said tenant to complete the site improvements listed under Section 2 of the completed site improvement grant application and to request matching funds from the Collier County Community Redevelopment Agency. Signature of Owner Signature of Owner (if jointly owned) Signature of Owner (if jointly owned) STATE OF: COUNTY OF: Date Date Date The foregoing Owner Authorization Form was executed before me this day of located at OR is personally known by me who has produced Affix notarial seal as proof of identity. Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires:__ 200_ by_ owner of the property who: SITE JAo Ro EAiFNT GRANT PROGRAA! 9 Agenda Item No. 16G1 September 26, 2006 DRAFT Page 14 of 42 Project Summary Report Form (submit after project completion) (attach additional sheets if necessary) Describe Condition of Project: ATTACH "AFTER" PHOTOS (INCLUDING AT LEAST TWO 8XIOS, OTHERS MAY BE ADDED TO A CCURA TEL Y DESCRIBE THE SITE IMPROVEMENTS). List Materials and Construction Methods used, especially if unique methods were necessary to preserve or enhance some aspects of the improved site (attach additional sheets if necessary): List Names and Contact Information for Architects and Contractors Involved to Provide Proper Credit Provide any other important information specific to the project. All projects will be listed in the annual project report of the CRA so details and noteworthy information about the project is very critical. SJTF 1MPROVFMFNT GRANT PROGRAA1 10 Agenda Item No. 16G1 September 26, 2006 DRAFT Page 15 of 42 Payment Request Form (project costs) (attach all receipts and/or cancelled checks) On , the Collier County Community Redevelopment Agency approved a portion of the following improvements (50% of the total ut) to $4.0001 to ht-- lunaea through the Site Improvement Grant Pro ram: Improvement I Cost Total I hereby confirm that all items listed above have been completed as per the Site Improvement Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting the approved funding in the total amount of $ as approved by the CRA. The foregoing Payment Request Form was executed before me this located at OR is personally known by me who has produced Affix notarial seal as proof of identity. Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires:_ day of , 200_ by_ owner of the property who: SITE lAIPRovEmENT GRANT PROGRAM DRAT= I' Agenda item No. 16G1 September 26, 2006 Page 16 of 42 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY 0 IMPACT' FEN; ASSISTANCE PROGRAM General Provisions 'file Collier County CRA has created the Impact Fee Assistance Program to provide financial assistance to residential and commercial redevelopment projects in the Bayshore /Gateway Triangle redevelopment area. Tile program has been established to encourage rehabilitation of degraded structures and the installation of new structures that support the objectives of the adopted redevelopment plan. Improvements to existing structures may be funded through the Site Improvement Grant Program (see separate application and grant deadlines). The CRA is partially funded by Tax Increment Financing (TIF). TIF is a unique tool that CRA's can use to leverage public funds and to promote private sector activity. For each project, the CRA may provide up to 50'7, of the total impact fees for each project. There is a maxilllllill anwunt oi' funding allocated each year for impact fee assistance, so the program is managed on a "first come, first served" basis as well as an eligibility point system. Impact fee waivers or deferrals may also be available through the Collier County Housing and Urban Improvement SHIP program for low and very low - income first time homebuyers. All applicants must contact the Collier County Impact Fee Coordinator for an estimate of expected impact fees. CRA staff, the Impact Fee Coordinator and the Bayshore /Gateway Local Redevelopment �- Advisory Board will review applications and make a recommendation for assistance to the Community Redevelopment Agency. The CRA will issue final approval and authorize expenditure of funds. This is not a refund program, however, funding may be authorized if the grant application is submitted and reviewed by the Advisory Board prior to submittal of building permit. No "after the fact" applications will be accepted. This opportunity is only for applications in process and is offered to avoid a project being held up while waiting for CRA approval. Applications will be reviewed as received by staff, and periodically forwarded to the Advisory Board and the CRA in groups accumulated prior to the publicly scheduled meetings. Applications will no longer be accepted after all award funds are depleted. All work must be corripleted within one hear of approval by CRA. Applicants are reguired to consult with CRA staff and the Impact Fee Coordinator prior to submittal of application. Eligibility Grant funds are eligible for residential and commercial structures (owners only) within the Bayshore /Gateway Triangle Redevelopment Overlay as identified on the County's Future Land Use Map. Grants funds may he used fllr: • Payment of up to 50c/7c. of the total of impact fees related to a single project • ('onurlercial re.habilitatlnrl OV rellllvi:ltlon projects that increase the square footage of the project and therefore require p..lynlent of additional impact fees, e.g. change front 50,000 to 100,000 square feat • Corliniercial rehabilitation or renovation projects that change the use of the structure and therefore require paylllent of additional impact fees, e.g. change from retail to office • Single family residential projects that increase the square footage of the home and therefore increase the impact fees, e.g. frond 1,400 to 2,000 square feet 1w),A(I Frt = 1SS7s7.4ac7. PROGR 7 t Agenda Item No. 16G1 DRAM' September 26; 2006 Page 17 of 42 • Larger single and multi - family residential projects that involve construction or addition of new homes • • All work must be complete(l within ogre year of approval b1, CRA Grant funds may not be used for: 0 • • Working capital or administrative costs (payroll, rent, utilities, etc.) • Renovations or code compliance (other grants are available for these costs) • Demolition • Loans or other capital support • Work that will extend be.),oncl one Year of approval by CRA Project Evaluation All projects will be evaluated based upon the following: • Applicant's financial contribution • Ability to begin work immediately • Ability to complete project within one year • Remedy of code enforcement problems • Compliance with objectives of adopted redevelopment plan and any applicable development standards and /or zoning overlays A point system will be used to evaluate the accumulated projects, using the following table (application must clearly indicate how the project addresses these criteria in order to get the points associated with that irem)- — POINTs FORM Review Criteria Points Awarded Applicant has funding and is prepared to begin permitting process and hiring of'qualified _ 5 contractors immediately following CRA approval and complete all work within one year of approval by CRA (completed form attached) Applicant's financial contribution 5 Remedy of code enforcement problems (for renovations or restoration); new projects will have an 5 automatic 5 point handicap Compliance with objectives of adopted redevelopment plan and any applicable development to standards and /or zoning overlays, Design consistent with the "Old Florida" style 5 1" time Impact Fee Assistance Grant applicant (repeat applicants qualify for points if grant not 5 awarded previously) Requires CRA contribution of less than 25% of total impact fees 10 - -- - - -- TOTAL Any alterations in the project must be approved by the CRA to avoid revocation of funding. Major changes to project that significantly changes the impact fees and changes points awarded may jeopardize funding. In all cases, the CRA contribution cannot be higher than 50% of the total impact fees. Prograrn is contingent up(trt sufficient funds allocated to Impact Fee Grants and availability of funds in the Redevelopment "!'rust fund. Applications will be accca)ted until funds allocated for impact fee assistance tint LIc;pli:tecl. DRAFT Process . Step 1: Applicant Meets with Staff Agenda Item No. 16G1 September 26, 2006 Page 18 of 42 • Applicant must request it meeting with staff prior to submittal of application. Step 2: Applicant Submittal • Impact Fee Assistance Application • Application for Site Development Plan or Building Permit application and written Proof of Total Estimated Impact Fees Required for project (written proof to be provided by Impact Fee Coordinator) • Project Initiation and Completion Form • Two 8X10 color photos of the existing structure or parcel ( "before" photos) • Sketch of proposed improvements (for commercial projects, sketch must be prepared by a licensed architect) Step 3: Impact Fee Coordinator, CRA Staff and Advisory Board Review • CRA staff and Impact Fee Coordinator review application and completes the Points Form, then places the application on agenda of next Advisory Board meeting • Advisory board checks project to make sure it meets all grant criteria and Redevelopment Plan criteria • Applicant is required to be present at the Advisory Board meeting to answer any questions that may arise during the review or to provide additional material if requested • if project meets all criteria, the Advisory Board makes a recommendation to CRA to approve the application with a reimbursement of up to 50% of the total impact fees. Step 4: CRA Review and Approval • CRA staff prepares Impact Fee Assistance Agreement for the CRA to review and approve • Applicant signs Impact Fee Assistance Agreement • Application with Advisory Board recommendation and agreement both placed on CRA agenda for review and approval; CRA reviews Advisory Board recommendation and agreement during regular meeting and approves or denies grant application. Step 5: Permitting and Site Plan Improvement Process • Applicant obtains all necessary permits and /or submits county site improvement plan to Community Development & Environmental Services Division; when applying for permit, applicant must pay impact fees and submit a letter stating it portion of the ff:es are being "paid under protest" to ensure; efficient transfer of funds. Step 6: Project Work Applicant applies for and receives permits, then begins work Step 7: Project Completion and Submittal of Project Summary Report l t1l,n cT f Er .4 S51STn Nt Zf r'R()f ; R.btf j Agenda Item No. 16G1 September 26, 2006 DRAI-7 Page 19 of 42 • Upon completion of work and after all inspections have been completed to insure work conforms to the work that was proposed, applicant submits: • • Project Summary Report and as built specifications, including description of completed improvements, two 8X10 "after" photos, list of materials and construction techniques used, list of architects and /or contractors and any additional information specific to the project. 0 El COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY IMPACT FEE ASSISTANCIz APPLICATION Section l: Applicant Information Owner Name: Owner Address: Site Address (if different from owner address): Legal Description of Site: Daytime Phone: Alternate Phone: How long have you owned this property ?: Is this a renovation of an existing structure (s) Yes ❑ No ❑ or a new structure (s) Yes LJ No ❑ First Time Impact Fee Assistance Applicant? Yes ❑ No ❑ If no, how many applications submitted? Assistance awarded? Yes ❑ No ❑ lnir�u -r Fc[.a s�iu-r,ti,vr•r Penur,,ia� Agenda Item No. 16G1 September 26, 2006 DRAFT' Page 20 of 42 Section 2: Project Information •Existing Condition of Property or Structure (attach additional sheets if necessary): Existing Use of Property or Structure (attach additional sheets if necessary): ATTACH "BEFORE" PHOTOS OR SITE DEVELOPMENT PLAN (INCLUDING AT LEAST TWO 8XI0S, OTHERS MAY BE ADDED TO ACCURATELY DESCRIBE THE SITE). Outline Proposed Project in Detail (attach additional sheets if necessary): ATTACH PHOTOC'OPIE'S OF EXISTING CONDITIONS PHOTOS IDENTIFYING AREAS TO BE IMPROVED, AT'TAC'H DRAWINGS OR SKETCH OF PROPOSED IMPROVEMENTS (FOR COMMERCIAL PROJECTS, SKETCH MUST BE PREPARED BY A LICENSED ARCHITECT). ATTACH COLOR SAMPLES FOR EACH IMPROVEMENT. IAlYACT I' -E I., AS'SlS7;1 N('ti I'h(�i ;RA At 5 0 • DRAFT Section 3: Project Cost Information Agenda Item No. 16G1 September 26, 2006 Page 21 of 42 Estimated Impact Fees (see Impact Fee Calculator and Schedule, available online at: http: / /collieri4ov.iiet/ or at 2800 N. Horseshoe Drive, Naples, Florida 34]04): Estimated Request from CRA (up to 50 %n of the total project cost) Note: Changes to project that occur alter approval by CRA may jeopardize funding award if the changes significantly affect the required impact lees and therefore change the points awarded during the initial evaluation. FOR CRA USE ONLY Total Estimated Impact Fees: Request from CRA: Percentage of Total: /&raniTI-t -'),A WSI'ANCEPRUIM -AAA 6 0 M DRAFT Section 4: Project Forms All applicable forms must be completed. Forms to include with application: 1. Project Initiation and Completion Form 2. Building permit and/or approved Site Development Plan Agenda Item No. 16G1 September 26, 2006 Page 22 of 42 Form to complete and have approved by CRA prior to start of project: 1. Impact Fee Assistance Agreement (provided by staff after Advisory Board recommendation and prior to CRA review and approval of grant application) Forms to submit following project completion: 1. Project Summary Report Form 2. As built specifications IMPACT FEE: SISTANCE PR 1 ;H nr DRAFT Agenda Item No. 16G1 September 26, 2066 Page 23 of 42 Project Initiation and Completion Form •(to be submitted with Impact Fee Assistance Application) 0 owner of the property located at have the funding and capability necessary to begin the projects listed under Section 2 of the completed impact fee assistance application and have the ability to complete all improvements within one year of the approval of the impact fee assistance grant by the Collier County Community Redevelopment Agency. Signature of Owner Signature of Owner (if jointly owned) Signature of Owner (if jointly owned) Date Date Date IMPA(:'T GEE ASSISTANCE PROGRAM 8 Agenda Item No. 16G1 September 26, 2006 Page 24 of 42 DRA(T Project Summary Report Form (submit after project completion) (attach additional sheets if necessary) Describe Condition of Pro'ect: ATTACH "AFTER" PHOTOS (INCLUDING AT LEAST TWO 8XIOS, OTHERS MAY BE ADDED TO ACCURATELY DESCRIBE THE SITE IMPROVEMENTS). List Materials and Construction Methods Used es ec ally if uni ue methods were necessary to preserve or enhance some aspects of the improved facade (attach additional sheets if necessar : Provide Pro er Credit Provide an other important informations e'Jfic to the ro'ect. Ail ro'ects will be listed in the annual project report of the CRA so details and noteworthy information about the project is very. critical. 9 IMPACT FEE PROGRAM Agenda Item No. 16G1 September 26, 2006 Page 25 of 42 CRA RESOLUTION NO.06- A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY RELATING TO COMMUNITY REDEVELOPMENT; AMENDING THE BAYSHORE GATEWAY TRIANGLE SITE IMPROVEMENT GRANT PROGRAM PROCESS PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2002 -38 was adopted by the Board of County Commission on July 30, 2002 creating a site improvement grant process for the Bayshore Gateway Triangle Redevelopment Area; and WHEREAS, the Community Redevelopment Agency (CRA) desires to use a portion of the funds in the Redevelopment Trust Fund for a site improvement grants to allow the use of tax increment funding for projects within the redevelopment area; and WHEREAS, the site improvement grant process needs to be modified to improve the application process, staff review procedures, type- project funding levels and CRA approval process to better serve the community; and WHEREAS, the CRA desires to clearly specify qualified residential and commercial projects eligible for site improvement grant funding. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY that SECTION 1. Title. The grant program shall be known as the Site Improvement Grant Program for the Bayshore Gateway Triangle Redevelopment Area. SECTION 2. Adoption of the Site Improvement Grant Program as amended. There is hereby established, created and adopted, in accordance with the provisions of Collier County Ordinance Number 02 -38, a new Site Improvement Grant Process and Grant Agreement Document for the Bayshore /Gateway Triangle Redevelopment Area, attached hereto as Exhibits A and B. respectively. SECTION 3. Administration by CRA. After the Board of County Commissioners allocates grant funding for the fiscal year, the CRA shall approve grant recipients, grant funding and grant payment upon completion of work. The CRA delegates the administration of the grant program to the Executive Director and Bayshore/Gateway Triangle Local Redevelopment Advisory Board to include, but not be limited to, application process and review, recommendation of recipients, monitoring grant progress, and recommending grant payment upon completion of work. The recipients of any grant funds shall be required to execute an agreement, Exhibit A, in the form approved by the County Attorney's Office for legal sufficiency and approved by the CRA. SECTION 4. Replacement Resolution. This Resolution replaces and supersedes Resolution Number 02 -38 adopted on July 30, 2002. SECTION 5. Effective Date. This Resolution shall become effective immediately upon passage and adoption. This Resolution adopted after motion, second and majority vote this _26°i day of September 2006. Agenda Item No. 16G1 September 26, 2006 Page 26 of 42 ATTEST: COMMUNITY REDEVELOPMENT DWIGHT E. BROCK AGENCY OF COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: � w ' , _1M - Mar on . Student - Stirling Assistant County Attorney BY: DONNA FIALA, CHAIRMAN Agenda Item No. 16GI September 26, 2006 Page 27 of 42 SITE IMPROVEMENT GRANT PROGRAM General Provisions The Collier County Community Redevelopment Agency (CRA) created the Site Improvement Grant Program to provide financial assistance to existing residential (single- family owner - occupied and single - family or duplex rentals) and commercial establishments in the Bayshore /Gateway Triangle Redevelopment Area by offering financial and technical assistance for site improvements. Improvements must be exterior improvements to the structure or surrounding site. All improvements must meet the criteria listed below as well as the current requirements of the land development code, building code, construction inspections and permits, and any applicable zoning overlays. Improvements that remedy existing code enforcement problems also qualify if combined with other site improvements. The CRA is funded by Tax Increment Financing (TIF). TIF is a unique tool that CRA's can use to leverage public funds and to promote private sector activity. • For single- family owner- occupied residences (1 to 1 dollar match): The CRA will provide 50% of the cost of improvements to existing structures, buildings and surrounding property, up to a maximum grant amount of $8,000. For example, a project that will cost $16,000 total may receive a grant for up to $8,000, however a project that will cost a total of $7,000 will only receive a grant for up to $3,500. • For single - family or duplex residential rental property (1 CRA to 3 private dollars match): The CRA will provide 25% of the cost of improvements to existing structures, buildings and surrounding property, up to a maximum grant amount of $8,000. • For commercial properties (1 CRA to 2 private dollars match): The CRA will provide 33% of the cost of improvements to existing structures, buildings and surrounding property, up to a maximum grant amount of $8,000. Funding awarded will be evaluated based on the contribution made by each applicant as well as the extent of improvements. Commercial projects must include a minimum of three (3) different types of improvements and any residential projects must include a minimum of two (2) different types of improvements (described below). For example, a project that consists of only one type of improvement (new sign only or new paint) will not qualify. All work must be preapproved by the CRA Advisory Board, the CRA and any applicable county departments that would normally review such improvements. All proposed work must be approved before beginning any work. Grant funding is not retroactive. All work must be completed within one year of approval by CRA. Applicants are required to request a meeting with staff prior to submittal of application. Eligibility Grant funds are eligible to commercial structures (owner or tenant with a minimum lease term of 2 years remaining) within the Bayshore /Gateway Triangle Redevelopment Area. Tenants must Agenda Item No. 16G1 September 26, 2006 Page 28 of 42 have a current occupational license and owner authorization. Authorization form must be submitted with application. All single family owner- occupied residences are eligible to receive Site Improvement Grant funds. Multi - family and residential rental property are limited to single - family or duplex dwellings. Grant funds may be used for the following improvements: • Removal of false facade, awnings, canopies, porches, signs or old entryway • Porches, awnings, canopies • Construction of new public entrances • Signs — remove & replace, on building or monument style • Parking Lot Improvements, driveways, swales or stormwater improvements • Fencing (chain link not approved) • Painting (all colors must be approved) • Window or door replacements or repairs to hurricane standards, hurricane shutters • Repointing of mortar joints for brick or stone fronts • Exterior woodwork repair, replacement or new installation • Stucco work, or new siding (stucco, vinyl or hardiboard) • Landscaping installation and improvement at front of building (visible from public street), and must include in- ground irrigation system • New Roofing, rain gutter system and soffit work • Construction/repair materials if work performed by applicant • All work must be completed within one year of approval by CRA Grant funds may not be used for: • Working capital or administrative costs (payroll, rent, utilities, etc.) • Sweat equity (time /labor of applicant or family) • New construction, residential or commercial • Residential or commercial additions /expansions of existing buildings or on site • Residential rental property — apartments or buildings with more than two units • Interior renovations • Seawalls or waterfront improvements • Demolition only • Loans or other capital support • Work that will extend beyond one year of approval by CRA • Work completed prior to approval of site improvement grant Project Evaluation All projects will be evaluated based upon the following: • Applicant's financial contribution (greater the applicant's contribution, more points awarded) • Number and extent of improvements (minimum 3 for commercial, 2 for residential) • Ability to begin work immediately and ability to complete project within one year • Remedy of code enforcement problems Agenda Item No. 16G1 September 26, 2006 Page 29 of 42 POINT EVALUATION FORM A point system will be used by CRA staff to evaluate projects, using the following table (application must clearly indicate what project provides to get the points associated with that item): POINTS FORM Project Provides Points Available Points Awarded Removal of false fagade, awnings, canopies, porches, signs or old entryway 1 New porch, awning, and/or canopy I Construction of new public entrance I New signs, on building or monument I New paint only I Paint complements the "Old Florida" style I Design consistent with the "Old Florida" style I Replacement or repaired windows or doors I Swales and stormwater improvements 2 Repointing of mortar joints for brick or stone fronts I Woodwork repair, replacement or new installation I New Roofing, rain gutters, or soffit I Stucco or siding work I Parking improvements (Commercial) 2 Driveway replacement or improvement (Residential) I Landscaping improvements and irrigation system 2 Hurricane protection (storm shutters, windows, doors) 2 Fencing I Subtotal Other Criteria Applicant has funding and is prepared to begin permitting process and hiring of qualified contractors immediately following CRA approval and complete all work within one year of approval by CRA 5 Improvements will allow applicant to remedy existing code enforcement problems 5 1St time Site Improvement Grant applicant (repeat applicants qualify for points if grant not awarded previously or 2nd commercial site) 5 CRA contribution of 25% or less of the total project cost 10 CRA contribution of 26% - 50% of the total project cost 5 Subtotal TOTAL NOTE 1: Any alterations in the project must be pre- approved by the CRA to avoid revocation of funding. In the event that the total funding request from all applicants exceeds the amount available for this grant cycle, funds will be awarded at the final discretion of the CRA based on the merits provided to the redevelopment area. NOTE 2: Grant is for renovation /improvement of existing structures. Grant may be awarded for improvements made to "existing" structures as part of a new construction project (example: hurricane quality window replacements on existing structure as part of residential room addition or commercial office expansion). Agenda Item No. 16G1 September 26, 2006 Page 30 of 42 PROCESS Step 1: Applicant Meets with Staff • Applicant must request a meeting with staff prior to submittal of application. • Applicant & staff meet at project site Step 2: Applicant Submittal • Site Improvement Grant Application • Project Initiation and Completion Form • Owner Authorization Form (if commercial tenant is applicant) — requires notarization • Two 8 x 10 color photos of the existing building fagade ( "before" photos) • Sketch of proposed improvements • Budget estimates for the improvements if work to be completed by applicant • Submit two (2) written estimates /quotes from qualified /licensed contractors Step 3: CRA Staff and Advisory Board Review • CRA staff reviews application and completes the Points Form, then places the application on agenda of next Advisory Board meeting • Advisory Board checks project to make sure it meets all grant criteria and Redevelopment Plan criteria • Applicant is required to be present at the Advisory Board meeting to answer any questions that may arise during the review or to provide additional material if requested • If project meets all criteria, the Advisory Board makes a recommendation to CRA to approve the application • Grant funding is limited with first priority given to projects with higher points Step 4: CRA Review and Approval • CRA staff prepares Site Improvement Grant Agreement for the CRA to review and approve • Applicant signs Site Improvement Grant Agreement • Application with Advisory Board recommendation and agreement placed on CRA agenda for review and approval • CRA reviews Advisory Board recommendation and agreement during regular meeting and approves or denies project Step 5: Permitting and Site Plan Improvement Process • If CRA approves project, applicant obtains all necessary permits and/or submits county site improvement plan to Community Development & Environmental Services Division. (Proof that all necessary permits were obtained, i.e. windows, doors, roofing and any other structural improvements, will be required for payment of the Site Improvement Grant.) Step 6: Project Work • Applicant applies for and receives permits, then begins work Agenda Item No. 16G1 September 26, 2006 Page 31 of 42 Step 7: Project Completion and Submittal of Project Summary Report • Upon completion of work and after all inspections have been completed to insure work conforms to the work that was proposed, applicant submits: o "Project Summary Report," including description of completed improvements, two 8X 10 color "after" photos, contractor invoices, list of materials and construction techniques used, list of architects and/or contractors and any additional information specific to the project. • Notarized "Payment Request Form" and all materials receipts and/or canceled checks as proof that all materials and contracted improvements have been paid Step 8: CRA Staff Submits Project Completion Report for Payment • CRA Staff visits site and documents improvements. • CRA Staff forwards Completion Report and documents to County for payment. Project Forms All applicable forms must be completed. Forms to include with application (Sections 1 through 3): 1. Project Initiation and Completion Form 2. Owner Authorization Form (if commercial tenant is applicant) — requires notarization Form to complete and have approved by CRA prior to start of project: 1. Site Improvement Grant Agreement (provided by staff after Advisory Board recommendation and prior to CRA review and approval of grant application) Forms to submit following project completion: 1. Project Summary Report Form 2. Payment Request Form - — requires notarization Agenda Item No. 16G1 September 26, 2006 Page 32 of 42 SITE IMPROVEMENT GRANT APPLICATION Section 1: Applicant Information Owner Name: Owner Address: Site Address (if different from owner address): Legal Description of Site: Daytime Phone: Alternate Phone: E -Mail Address: How long have you owned this property? How long is lease term if leased? (attach copy of lease) Tenant Name (Commercial Only): Tenant Daytime Phone: Tenant Alternate Phone: Number of Years in Business at Site Address: Occupational License Number: Other Tenant Names, if any: First Time Site Improvement Grant Applicant? Yes ❑ No ❑ If no, how many applications submitted? Grant(s) awarded? Yes F� No F] 3 Agenda Item No. 16G1 September 26, 2006 Page 33 of 42 Section 2: Project Information Existing Condition of Project (attach additional sheets if necessary): ATTACH "BEFORE" PHOTOS AT LEAST TWO 8XIO COLOR PHOTOS, OTHERS MAYBE ADDED TO A CCURA TEL Y DESCRIBE THE SITE. Outline Proposed Improvements in Detail (attach additional sheets if necessary): List Materials to be Used and Construction Methods to be Utilized (i.e. red bricks, wood panels, roof type, etc.) (attach additional sheets if necessary): ATTACH PHOTOCOPIES OF EXISTING CONDITIONS PHOTOS IDENTIFYING AREAS TO BE IMPROVED. ATTACH DRAWINGS OR SKETCH OF IMPROVEMENTS. ATTACH COLOR SAMPLES FOR EACH IMPROVEMENT. Agenda Item No. 16G1 September 26, 2006 Page 34 of 42 Section 3: Project Cost Information Estimated Project Cost: ALL WORK TO BE COMPLETED BYA CONTRACTOR MUST HAVE AT LEAST TWO (2) WRITTEN ESTIMATES OR QUOTES ATTACHED TO THE APPLICATION. Estimated Requested from CRA $ Residential owner- occupied (up to 50% of the total project cost, up to, but not exceeding $8,000.) Residential rental (up to 33% of total project cost, up to but not exceeding $8,000.) Commercial (up to 25% of total project cost, up to but not exceeding $8,000.) COPIES OF ALL RECEIPTS AND /OR CANCELED CHECKS WILL REQUIRED UPON PROJECT COMPLETION AS PROOF THAT ALL MATERIALS AND CONTRACTED IMPROVEMENTS HAVE BEEN PAID. NO REIMBURSEMENT WILL BE MADE BY THE CRA UNTIL ALL RECEIPTS AND /OR CANCELLED CHECKS HA VE BEEN RECEIVED AND VERIFIED. Owner Signature Date Owner Signature Date CRA Staff Date 8 Agenda Item No. 16G1 September 26, 2006 Page 35 of 42 3. Agenda Item No. 16G1 September 26, 2006 Page 36 of 42 PROJECT INITIATION AND COMPLETION FORM (to be submitted with Site Improvement Grant Application) 1, , owner /tenant of the property located at , have the funding and capability necessary to begin the site improvements listed under Section 2 of the completed site improvement grant application and have the ability to complete all improvements within one year of the approval of the site improvement grant by the Collier County Community Redevelopment Agency. Signature of Owner /Tenant (Commercial only) Date Signature of Owner /Tenant (Commercial only) Date (if jointly owned or leased) Signature of Owner /Tenant (Commercial only) Date (if jointly owned or leased) 10 Agenda Item No. 16G1 September 26, 2006 Page 37 of 42 COMMERCIAL OWNER AUTHORIZATION FORM (to be submitted with Site Improvement Grant Application, if commercial tenant is applicant) I, owner of the property located at , understand that who has a valid lease for the above listed property for two years beyond this date, and authorize said tenant to complete the site improvements listed under Section 2 of the completed site improvement grant application and to request matching funds from the Collier County Community Redevelopment Agency. Signature of Owner Signature of Owner (if jointly owned) Date Date Signature of Owner Date (if jointly owned) STATE OF: COUNTY OF: The foregoing Owner Authorization Form was executed before me this day of 200_ by , owner of the property located at •' who: is personally known by me who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: 11 Agenda Item No. 16G1 September 26, 2006 Page 38 of 42 PROJECT SUMMARY REPORT FORM (Submit after project completion) Describe Condition of Project: ATTACH "AFTER" PHOTOS (INCLUDING AT LEAST TWO 8XIO COLOR PHOTOS, OTHERS MAYBE ADDED TO ACCURATELY DESCRIBE THE SITE IMPROVEMENTS). List Materials and Construction Methods used, especially if unique methods were necessary to preserve or enhance some aspects of the improved site (attach additional sheets if necessary): List Names and Contact Information for Architects and Contractors Involved to Provide Proper Credit Provide any other important information specific to the project. All projects will be listed in the annual project report of the CRA so details and noteworthy information about the project is very critical. Owner Signature Date Owner Signature Date 12 Agenda Item No. 16G1 September 26, 2006 Page 39 of 42 PAYMENT REQUEST FORM (PROJECT COSTS) (attach all receipts, invoices and /or cancelled checks) On , the Collier County Community Redevelopment Agency approved a portion of the following improvements (50% of the total up to $8,000) to be runaea tnrougn the site improvement Grant Program: Improvement I Cost Total I hereby confirm that all items listed above have been completed as per the Site Improvement Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting the approved funding in the total amount of $ as approved by the CRA. The foregoing Payment Request Form was executed before me this day of , 200_ by at is personally known by me OR who has produced Affix notarial seal owner of the property located who: as proof of identity. Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: _ W Agenda Item No. 16G1 September 26; 2006 Page 40 of 42 GRANT AGREEMENT BETWEEN CRA AND OWNER FOR SITE IMPROVEMENT FOR BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this _ day of by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA ") and (hereinafter referred to as "Owner "). WITNESSETH: WHEREAS, in Collier County Ordinance No. 2002 -38, the Board of County Commissioners delegated authority to the CRA to award and administer CRA grants including contracts with owners for CRA grants; and WHEREAS, Owner has applied for a site improvement grant in the amount of dollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and was approved for a grant award in the amount of dollars on , ( "CRA Approval "), which is % of the costs to construct the site improvements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: I . Owner acknowledges to the CRA that Owner has received a copy of the Collier County Community Site Improvement Grant Program (hereinafter referred to as "Grant Program "), that Owner has read the Grant Program, and that Owner has had ample opportunity to discuss the Grant Program with Owner's counsel or advisor. Owner further acknowledges to the CRA that Owner understands and agrees to abide by all of the terms and conditions of the Grant Program. Owner agrees to the terms and conditions of the Grant Program. 2. - Owner is the record owner of property described as 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated attached hereto as Exhibit A and incorporated herein by reference. 4. Owner agrees to complete the construction of the Site Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site Improvements. Agenda Item No. 16G1 September 26, 2006 Page 41 of 42 5. CRA has approved a grant to Owner in the amount of to be administered pursuant to the terms of this Agreement based on an estimated cost of If the actual costs are less than the estimated costs to construct the Site Improvements and less than $8,000, the grant amount shall be reduced dollar for dollar in matching CRA funds as determined by ratio of matching private funds required . 6. Unless prior disclosure is included in the grant application, no Owner, or any immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of the Site Improvements and no Owner, or any immediate relative of Owner, shall receive compensation for labor for the construction of the Site Improvements. An immediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother -in -law, father -in -law, brother -in -law and sister -in -law. 7. Owner agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials and construction techniques used, a list of architects and /or contractors, and any other information specific to the project or requested by the CRA staff. The CRA, through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms of the application approved by the CRA. 8. Within forty -five (45) days after confirmation that the Site Improvements were constructed pursuant to the terms of the approved application, Owner shall be issued a check in the amount of the grant. However, if Owner fails to make the improvements pursuant to the terms of the approved application, or if the project is not completed within one (1) year of CRA approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant shall be deemed revoked and Owner shall be entitled to no funding. 9. This Agreement shall be governed and construed pursuant to the laws of the State of Florida. 10. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. No change, modification or amendment, or any representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the party to be charged. 11. This Agreement is personal to Owner, and may not be assigned or transferred by Owner or to Owner's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. Agenda Item No. 1661 September 26, 2006 Page 42 of 42 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. (1) Witness Signature Printed/Typed Name (2) Witness Signature Printed/Typed Name ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Marjorie Student - Stirling Assistant County Attorney OWNER: Printed /Typed Name COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY DONNA FIALA, Chairman Agenda Item No. 161-11 September 26, 2006 Page 1 of 5 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: NAACP 24th Annual Freedom Fund Banquet & Silent Auction PUBLIC PURPOSE: To participate and support NAACP as well as network with area constituents. DATE OF FUNCTION/EVENT: Saturday, October 28th, 2006, @a Elks Lodge, Naples, FL FISCAL IMPACT: $60.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, September 26th, 2006 Agenda Item No. 16H1 September 26, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H1 Item summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attend the NAACP 24th Annual Freedom Fund Banquet on October 28th. 2006 at the Elks Lodge, Naples: $60.00 to be paid from Commissioner Fiala's travel budget. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 9114!2006 11:07:55 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 9/14/2006 1:07 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9 11812006 11:59 AM Commissioners Agenda ItXR*ol TE3Hl1 September 26, 2006 Page 3 of 5 HastingsKendra From: kiwi.paul@att.net Sent: Tuesday, July 11, 2006 4:26 PM To: Fox TV Fox TV News; Carol DeLuccia FL Gulf C. U.; Jon fishbane; Jama Dock Fifth Third Bank; fiala_d; J Pettis FGCU; Everglades Everglades Echo; Herb /Ellen Elks Lodge Smalls; edwards^j Subject: NAACP Banquet Attachments: 2001 SOUVENIR BANQUET FORM AD.doc; Banquet Reservations Spon forms.doc; Banquet support letter new.RTF Thank you for your support. 3 attachments 7/12/2006 LaVerne Franklin Agenda Item No. 16H1 September 26, 2006 Page 4 of 5 NAACP BANQUET RESERVA TIONS October 28, 2006 SPONSORSHIPS Please check below for reservations. PLATINUM $2000 TOTAL Includes eight (8) tickets for the banquet, a full -page AD in the Souvenir Journal (the inside front and back covers and the outside back cover will be allotted to the first three Platinum Sponsors), and special recognition at the banquet. GOLD $1500 TOTAL Includes six (6) tickets, a half page AD in the Souvenir Journal and special recognition at the banquet. SILVER $1000 TOTAL Includes four (4) tickets, a half page AD in the Souvenir Journal and special recognition at the banquet. DIAMOND $750 TOTAL Includes two (2) tickets, a quarter page AD in the Souvenir Journal and special recognition at the banquet. For AD sizes refer to Souvenir Journal form. TICKETS Adults Tickets @ $601— Under 18, Tickets @ $30 Combined Total $ Make check payable: NAACP Col/ler County & mall to NAACP Banquet Chair P.O. Box 990727Naples, FL 34116. Do not combine with donations, see below Donations. AUCTIONS ITEMS Mail to NAACP Banquet Chair P.O. Box 990727, Naples, FL 34116 or call for pick up: 239 -455 -5417 or 239 - 649 -4463. DONATIONS We will No mmake,a donation $ 1 as a 501 -C�3 our check must be written as Donatio ::n1jy,!1! To qua ify Y follow . N STS /S /S Program!! Do t combine with tickets sales! Indivi u nizatio on c erson Address /City /State /Zip Code Telephone Number /Fax Number /Email Address /Date THANK YOU FOR YOUR GENEROUS SUPPORT! Agenda Item No. 16H2 September 26, 2006 Page 1 of 5 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: EDC Excellence in Industry 2006 Gala Celebration PUBLIC PURPOSE: Particiapte in the celebration of local industry leaders for the opportunities they provide to Collier County and SW Florida. DATE OF FUNCTION/EVENT: Thursday, September 14, 2006 at the Naples Beach Hotel and Golf Club, Naples, FL FISCAL IMPACT: $150.00 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 to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, September 26th, 2006 Agenda Item No. 161-12 September 26, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H2 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function Executive Manager to the BCC serving a valid public purpose. Attended the EDC's Excellence in Industry Awards Gala, Board of County Thursday, September 14th, 2006, at the Naples Beach and Golf Club: $150.00 to be paid 911412006 3:32 PM from Commissioner Fiala's travel budget, Meeting Date: 9126 /2006 9:00:00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 411412006 2:02:30 PM Commissioners County Manager's Office Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 911412006 3:32 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911812006 12:09 PM Commissioners 3 its • • - �'.-r, You are cordially invited to the 23rd Ann ,� r 'EA rC61 T�J 1 " �a 7 " Economic Developement Council of Collier C unty rs�s � p , n In This is our opportunity to say thank you to local industry leaders for the opportunities they provide to southwest Florida. The EDC is proud to honor Collier County business leaders and recognize top companies that exemplify a positive, responsible approach to economic diversification, business and community enhancement. Honoring the 2006 Excellence in Industry Winners 2006 Outstanding Volunteer of the Year 2006/2007 EDC Board of Directors September 14th, 2006 Naples Beach Hotel and Golf Club 851 Gulf Shore Boulevard North, Naples, Florida 5:30 p.m. Registration and Cocktail Reception Followed by Awards Presentation and Champagne Reception and Toast Ticket cost is $ 150 per person. This includes Cocktails and Celebration Buffet, Awards Ceremony, Gala Dessert and Champagne Reception. Please return the enclosed R.S.VP..uo later than September 11th, 2006. .•. Z' trr r � � County , fst �tZ ��Ih ' •tt CF �4 3 its • • - �'.-r, You are cordially invited to the 23rd Ann ,� r 'EA rC61 T�J 1 " �a 7 " Economic Developement Council of Collier C unty rs�s � p , n In This is our opportunity to say thank you to local industry leaders for the opportunities they provide to southwest Florida. The EDC is proud to honor Collier County business leaders and recognize top companies that exemplify a positive, responsible approach to economic diversification, business and community enhancement. Honoring the 2006 Excellence in Industry Winners 2006 Outstanding Volunteer of the Year 2006/2007 EDC Board of Directors September 14th, 2006 Naples Beach Hotel and Golf Club 851 Gulf Shore Boulevard North, Naples, Florida 5:30 p.m. Registration and Cocktail Reception Followed by Awards Presentation and Champagne Reception and Toast Ticket cost is $ 150 per person. This includes Cocktails and Celebration Buffet, Awards Ceremony, Gala Dessert and Champagne Reception. Please return the enclosed R.S.VP..uo later than September 11th, 2006. vent Registration Receipt HastingsKendra Agenda ItgrWJ 9942 September 26; 2006 Page 4 of 5 From: EventRegistration @enaplesfiorida.com Sent: Friday, August 11, 2006 9:24 AM To: HastingsKendra Subject: Economic Development Council of Collier County Event Registration - Invoice & Confirmation Email Receipt Event Name: 09 -14 -06 2006 Excellence In Industry Awards Gala and Installation of Officers Invoice Number: 1899 Registered By: Donna Fiala Collier County Commissioner 3301 Tamiaml Trail East Naples, Florida 34112 239- 774 -8097 kendrahastings @colliergov.net Registrants Name: Donna Fiala EDC Member Investors Staff Receipt Total: Receipt Date: 8/11/2006 9:24:26 AM Payment Type: Check Charge To: Event Date: 9/14/2006- 9/14/2006 Early Registration Member Non- Member 49 $150 G$150 0$0 6$0 5:30 PM -10:00 PM Regular Registration Member Non- Member 4$150 Q$150 G$0 41 $0 Total: $150.00 / $150.00 Economic Development Council of Collier County 3050 N. Horseshoe Drive, Suite 120 Naples Florida 34104 n 239- 263 -8989 it•/ -� G =� 8!11/2006 (D '006 Excellence in Industry Sponsorship information Agenda IteR $M1118fik September 26, 2006 Page 5 of 5 A''\ (/ HastingsKendra From: beth@enaplesfiorida.com Sent: Tuesday, July 18, 2006 9:13 AM To: beth@enaplesflorida.com; kirchk@gulfshoretech.com Subject: 2006 Excellence in Industry Sponsorship information Attachment(s): Sponsorship information B pdf • (�'I l i € IMNi N(19 �sr�F�ldn, i. BN n a 'k �r�' m i 4 tpM •'sl i'?h' y i ...,i.F@' ._ r .. 2 1�1Vs rjll l ail d l k I! lug II,. S�1 7 ply . (� �y g� g n� ro }�. 5t kLM1TgP 11'x:. yYi ,�i4f if `�F4f.•`Tf:�!�rR�i";'T!7'�R'P -F 'I - qqpp�� f dNl�p u. (I I Nip r'1r.C.i�N iii RAlL GO %tiq flk r'x'?p �'p, f �7!li.. ,f4V7 i �C 1h�1i 2ft` S7 f nt t 1i ��' Vi�1t Tl' ATTHR Y,cS,� ' du'7i 14f�i'A�r' I. 1� y o6uG y�+. .. . ..y —�.L p�.. 136, GIVEN VE,,i � EVSM 3. 3." iF'Li..i°!l c a,. i9}.K is J"i tiriT!'i iMl�'��' . Men, �' } e .. 6c tfbiia jdtoar�r # } a l4TTi -te 'l.F HE1�►>CH I^CiTE#: J4Lt+tQ L3i.� V.L+U£R 4' dY �wuamur Deli '' .. • -,, „ _._�1 � _ _ ,./ � Please help support the Economic Development Council of Collier County by sponsoring the 2006 Excellence in Industry Awards. Sponsorship benefits are attached f w, if you need more information please contact Beth at the EDC at 239 -263- ext 105. The event will take plac on September 14, 2006 at the aples Beach Hotel and Golf Club. Thank you for your coriSidb,�n and Beth Skotzke 7/18/2006 Agenda Item No. 16H3 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION /EVENT: Economic Development Council's Excellence in Industry Awards Gala Dessert Reception, at the Naples Beach and Golf Club. PUBLIC PURPOSE: To support Collier County's best Industries. DATE OF FUNCTION/EVENT: Thursday, September 14th, 2006, FISCAL IMPACT: $25.00 - Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: September 26, 2006 Agenda Item No, 16H3 September 26, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16l Item Summary: Commissioner Colette requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the EDC's Excellence In Industry Awards Gala's Dessert Reception, Thursday, September 14th, 2006, at the Naples Beach and Golf Club; $25.00 to be paid from Commissioner Colette's travel budget. Meeting Date: 912612006 9:00:00 AM Prepared By Nancy Rosiek Executive Aide to the BCC Date Board of County BCC Office 9/14/2006 2:59:12 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 9114/2006 3:31 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911412006 6:22 PM Commissioners and community enhancement. Honoring the 2006 Excellence in Industry Winners 2006 Outstanding Volunteer of the Year 2006/2007 EDC Board. of Directors September 14th, 2006 Naples Beach Hotel and Golf Club 851 Gulf Shore Boulevard North, Naples, Florida 5:30 p.m. Registration and Cocktail Reception .Followed by Awards Presentation and Champagne Reception and Toast Ticket cost is $150 per person. This includes Cocktails and Celebration Buffet, Awards Ceremony, Gala Dessert and Champagne Reception. Please return the enclosed R.S.V.P. no later than September 11th, 2006. Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Colette District 5 Agenda Item No. 161-13 f / // Q� September 26, 6 4�(LWP/I�� Pa 3301 East Tamiami Trall • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 nee e* September 13, 2006 Ms. Beth Skotzke, CMP Events and Communications Manager Economic Development Council 3050 North Horseshoe Drive, Suite 120 Naples, FL 34104 RE: Excellence In Industry 2006 Gala Celebration Dear Ms. Skotzke: Thank you for your invitation to join you atNaples Beach Hotel and Golf Club on September 14, 2006 for the Excellence In Industry 2006 Gala Celebration. Because my schedule will not allow me to be there for the dinner, I plan to attend the "Awards Ceremony" portion of this event and the Gala Dessert and Champagne Reception. I have enclosed a check for $25.00 to cover the cost of that portion of the event. I'm looking forward to this very special event. lim Coletta; Vice Chairman Commissioner, District 5 jimeoletta@colliergov.net JC:nkr Encl: Personal Check #2082 for $25.00 Agenda Item No. 161-14 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER Jim Coletta FUNCTION/EVENT: Southwest Florida Workforce Development Board's Annual Awards Dinner. PUBLIC PURPOSE: To support the achievement awards given to individuals who demonstrate success in pursuit of a career in the midst of daily barriers and those bestowed upon professional individuals, organizations, or events which support the Workforce Board's Mission or has made a difference in a workforce program or community initiative that makes Collier County a better place to live. DATE OF FUNCTION/EVENT: September 15, 2006 FISCAL EMPACT: $25.00 - Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Coletta to attend function serving a valid public purpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: September 26, 2006 Agenda Item No. 16H4 September 26. 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H4 Item Summary: Commissioner Coletta requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Southwest Florida Workforce Development Board's Annual Awards Dinner on September 15, 2006 at the Sanibel Harbor Resort and Spa; $25.00 to be paid from Commissioner Coletta's travel budget. Meeting Date: 9/26/2006 9:00:00 AM Prepared By Nancy Rosiak Executive Aide to the BCC Date Board of County BCC Office 9/14/2006 4:00:49 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 9/14/2006 4:07 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 911612006 9:53 AM Commissioners OUTHWEST FLORIDA IRKFORCE NELOPMHIT BOARD, INC. Agenda Item No. 16H4 September 26, 2006 24311 Walden Center DrivegS uite 4 Bonita Springs, Florida 34134 Phone: 239- 992 -8000 Fax: 239 - 948 -3359 Toll Free: 1 -866- 992 -8463 Florida Relay 711 STEVE PERSONETTE, President JOE PATERNO, F..: ecurive Director August 21, 2006 t Commissioner Jim Coletta Collier County Government Center 3301 East Tamiami Trait Naples,-FL- 34112 F meat AU63 2' 3 2; u0 Board of C�,us,^ C,'nmrt;s urGrs We extend to you a personal invitation to join us for our Annual Awards Dinner that highlights the accomplishments of the Southwest Florida Workforce Development Board, Inc. and our customers. Each year the Workforce Development Board recognizes individuals, organizations, businesses, and service providers who have significantly contributed to building a healthy workforce in Southwest Florida. The two types of workforce development awards presented are: Achievement Awards are given to individuals who demonstrate success in pursuit of a career in the midst of daily barriers, and Champion Awards are bestowed upon a professional individual, organization, or event which supports the Workforce Board's Mission and/or who has made a difference in a workforce program or community initiative. The details are: Time: Reception - 6 p.m. to 7 p.m. Dinner and Awards - 7 p.m. to 10 p.m. Date: Friday, September 15, 2006 Location: Sanibel Harbour Resort and Spa 17260 Harbour Pointe Drive Fort Myers, FL 33908 2394664000 Please accept our offer, bring a guest, and discover some of our achievements and successes over the past fiscal year. We ask that you RSVP your attendance by COB Wednesday, August 30, 2006 to Benita Richards at 239 - 225 -2500 ext. 15240 or brichardsCksfwdb.or . You are welcome to contact me directly if you have any questions, and we look forward to seeing you in September. Sincerely, goe Paterno Executive Director Agenda Item No. 161-14 September 26, 2006 Pa 3301 East Tamiami Trail *'Naples, Florida 34112 - 4977 '' (239) 774-8097 • Fax (239) 774 -3502 rlftO August 30, 2006 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Ms. Benita Richards Southwest Florida Workforce Development Board, Inc. 9530 Marketplace Road, Suite 104 Fort Myers, FL 33912 RE: Annual Awards Dinner Dear Ms. Richards: Thank you for the invitation to attend the Southwest Florida Workforce Development Board's Annual Awards Dinner on September 15, 2006 at Sanibel Harbour Resort and Spa. I am grateful that you included me in this event and pleased to advise you that I plan to attend. I am enclosing my check for $25.00 to cover the price of my dinner. Thank you again. I'm looking forward to this event and will see you then. JC:nkr Encl: Personal Check for $25.00 I*— Agenda Item No. 1611 September 26, 2006 Page 1 of 4 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 26, 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) August 5, 2006 through August 11, 2006. (2) August 12, 2006 through August 18, 2006. (3) August 19, 2006 through August 25, 2006. B. Districts: (1) Port of the Islands Community Improvement District: Minutes of May 26, 2006; Agenda for May 26, 2006; Minutes of June 9, 2006; Agenda for June 9, 2006; Proposed Budget FY 2007. (2) Collier Mosquito Control District: District Boundaries map; Approved meeting scheduled, fourth quarter 2006, (3) Tuscany Reserve Community Development District: District map; Meeting schedule October 2006 through September 2007. (4) Heritage Greens Community Development District: Resolution 2006-5 designating Kenza van Assenderp as the District's Registered Agent. (5) Collier Soil & Water Conservation District: Proposed District Budget FY 06/07; District Map; Public Facilities Report; H:\DATATRONT DESK\2006 MISCELLANEOUS CORRESPONDENCE\BLANK MISC CRSP FORM.doc Agenda Item No, 1611 September 26, 2006 Page 2 of 4 Outstanding Bonds Report; Meeting Schedule for FY 2006/2007; List of Current Board Members. C. Minutes: (1) Conservation Collier Land Acquisition Advisory Committee: Minutes of June 12, 2006; Agenda of September 22, 2006; Minutes of July 10, 2006. (2) Golden Gate Community Center Advisory Committee: Agenda of August 7, 2006; Minutes of August 7, 2006. (3) Lely Golf Estates Beautification MSTU: Agenda of August 17, 2006; Minutes of July 20, 2006. (4) Emergency Medical Services Advisory Council: Minutes of March 22, 2006; Minutes of May 24, 2006; Minutes of June 28, 2006; Minutes of July 27, 2006; Minutes of August 23, 2006, (5) Coastal Advisory Committee: Agenda for August 10, 2006; Minutes of June 8, 2006. (6) Golden Gate Estates Land Trust Committee: Agenda of March 27, 2006; Minutes of March 27, 2006; Agenda of May 22, 2006; Minutes of May 22, 2006; Agenda of June 29, 2006; Minutes of June 29, 2006. (7) Domestic Animal Services Advisory Committee: Minutes of August 15, 2006. (8) Pelican Bay Services Division: Agenda of September 6, 2006; Minutes of August 2, 2006. (2) Budget Committee: Agenda of September 6, 2006; Minutes of May 17, 2006. (3) Clam Bay Committee: Minutes of August 2, 2006. WDATATRONT DESK\2006 MISCELLANEOUS CORRESPONDENCE\BLANY, MISC CRSP FORM.doc Agenda Item No. 1611 September 26, 2006 Page 3 of 4 (9) Forest Lakes Roadway and Drainage MSTU: Agenda for September 13, 2006; Minutes of August 9, 2006. (10) Golden Gate MSTU Advisory Committee: Minutes of August 8, 2006; Agenda of September 12, 2006. (11) Black Affairs Advisory Board: Minutes of January 23, 2006; Minutes of February 27, 2006; Minutes of March 30, 2006; Minutes of October 25, 2004. (112) Bayshore Beautification MSTU Advisory Committee: Agenda of September 6, 2006; Minutes of August 2, 2006. (13) Environmental Advisory Council: Agenda of September 6, 2006; Minutes of June 14, 2006; Minutes of July 5, 2006. (14) Collier County Planning Commission: Agenda of September 7, 2006; Minutes of July 20, 2006. D. Other: (1) Tax Collector's Recapitulation of the 2005 Tax Roll for Collier County, dated August 25, 2006. (2) Letter from Robert & Jean Blais dated August 28, 2006 re: Waste Municipal Service. WDATATRONT DESK12006 MISCELLANEOUS CORRESPONDENCE\BLAN-K MISC CRSP FORM.doc Agenda Item No, 1611 September 26, 2006 Page 4 of 4 Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 911412006 7:41 AM commissioners Approved By Y Manager Date Count Mana James V. Mudd 9 Board of County 911412006 11:11 AM County Manager's Office Commissioners COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1611 Miscellaneous items to file for record with action as directed. Item Summary: Meeting Date: 912612006 9:00:00 AM Prepared By Sam Tucker Executive Aide to the BCC Date Board of County BCC Office 9MW2006 1:53:20 PM commissioners _ Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 911412006 7:41 AM commissioners Approved By Y Manager Date Count Mana James V. Mudd 9 Board of County 911412006 11:11 AM County Manager's Office Commissioners Agenda Item No. 16,11 September 26, 2006 Page 1 of 3 EXECUTIVE SUMMARY That the Board Authorizes the Transfer of Additional Funds Collected in Fund (175), Juvenile Assessment Center, to the Clerk of the Circuit Court to be used for the Operation of the Juvenile Assessment Center. OBJECTIVE: That the Board authorizes the transfer of additional funds collected in Fund 175, Juvenile Assessment Center, to the Clerk of the Circuit Court for the operation of the Juvenile Assessment Center. CONSIDERATIONS: The Board of County Commissioners established Ordinance 200442 allowing for the imposition of a $65 charge on certain criminal cases. Of the total $65, 25 percent is available for juvenile alternative programs. The 25 percent is further divided equally (12.5% each) for support of teen court programs and the operation of a juvenile assessment center, both of which are qualifying juvenile alternative programs as established by Ordinance 2004 -42. If the funds collected on an annual basis are not expended for juvenile alternative programs they are transferred to court innovations programs and lost to the juvenile programs. In an effort to maximize the intended use of these funds, the Committee is requesting the transfer of the excess FY -2006 charges collected over the amount estimated for FY -2006, pursuant to the attached budget amendment. Any shortfalls under the new estimate would be paid from funds collected prior to the implementation of Revision 7 to Article V of the State Constitution. Pursuant to BOCC direction the Clerk of the Circuit Court administers the juvenile assessment center contract with the David Lawrence Center, an annual contract in the amount of $100,000. Recognizing revenues up to $100,000 would allow for payment of assessment center operations solely from the proceeds of the $65 ordinance, given that revenues meet estimates. FISCAL IMPACT: The transfer to the Clerk of Courts is currently budgeted in the Juvenile Assessment Center, Fund 175, in the amount of $61,700. The request is that this transfer, and net revenues, be increased by $38,300 to achieve a total of $100,000, based on the excess amounts collected. This program has no impact on the General Fund. LEGAL CONSIDERATIONS: None. RECOMMENDATION: That the Board of County Commissioners authorizes both the increase in the amount of the transfer from Fund 175 to the Clerk of the Circuit Court and the associated budget amendment. This approval will allow the David Lawrence Center contract to be paid solely from proceeds of the $65 ordinance. Prepared by: Derek M. Johnssen, Department of Finance and Accounting Juvenile Assessment Date Prepared: 8/12/2006 Previously Approved, BCC Agenda Date: Total Expense BUDGET AMENDMENT REQUEST 1 Agenda Item No. 16J1 September 26, 2006 Page 2 of 3 BA# JE# BAR# APH Date �To BCC Yes No Item No. (Attach Executive Summary) EXPLANATION Revised Budget 103,300.00 100,000.00 Why are funds needed? To increase the transfer to the Clerk of the Circuit Court in order to cover 100 % of the contract costs of operating the juvenile assessment center through the David Lawrence Center. The excess revenues collected under Ordinance 2004 -42 for FY -2006 versus the amount budgeted for FY -2006 will allow for this Increase In transfer. REVIEW PROCESS Approved by Finance Approved by OMB: Input By: BA Number: Date General Cost Ledger WBS Current Center Account Number Budget 432570 359221 0 65,000.00 Total Revenue 959010 930200 0 61,700.00 Total Expense BUDGET AMENDMENT REQUEST 1 Agenda Item No. 16J1 September 26, 2006 Page 2 of 3 BA# JE# BAR# APH Date �To BCC Yes No Item No. (Attach Executive Summary) EXPLANATION Revised Budget 103,300.00 100,000.00 Why are funds needed? To increase the transfer to the Clerk of the Circuit Court in order to cover 100 % of the contract costs of operating the juvenile assessment center through the David Lawrence Center. The excess revenues collected under Ordinance 2004 -42 for FY -2006 versus the amount budgeted for FY -2006 will allow for this Increase In transfer. REVIEW PROCESS Approved by Finance Approved by OMB: Input By: BA Number: Date Agenda Item No. 16J1 September 26, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16J1 Item Summary: That the Board Authorizes the Transfer of Additional Funds Collected in Fund (175). Juvenile Assessment Center. to the Clerk of the Circuit Court to be used for the Operation of the Juvenile Assessment Center Meeting Date: 9 ;26 /2006 9:00:00 AM Approved By OMB Coordinator County Manager's Office Administrative Assistant Office of Management & Budget Date 9119/2006 4:37 PM Approved By Michael Smykowski Management $ Budget Director Date County Manager's Office Office of Management 8 Budget 911912006 5:13 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 911912006 5:56 PM Agenda Item No. 16K1 September 26, 2006 Page 1 of 4 - EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondent, Ali R. Ghahramani MD Investment Limited Partnership, for Parcels 815 and 915 in the amount of $7500.00 in the lawsuit styled Collier County v. Colonnade on Collier Blvd. LLC, et al., Case No. 05- 1091 -CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $1750.00). OBJECTIVE: Approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Ali Ghahramani MD Investment Limited Partnership, in the amount of $7500.00 as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcels 815 and 915 in Collier County v. Colonnade on Collier Blvd. LLC, et al., Case No. 05- 1091 -CA. CONSIDERATIONS: On November 1, 2005, Collier County deposited $5900.00 into the Court Registry and acquired title to Parcels 815 and 915 in accordance with the Order of Taking entered on October 18, 2005. The subject property is located on the east side of CR 951, 300 feet south of Lord's Way. Parcel 815 is an access easement and Parcel 915 is a utility easement for a water line. The Office of the County Attorney would like to make an Offer of Judgment in the amount of $7500.00, as full compensation for the property taken, including interest and all damages. The making of the Offer of Judgment will require the Respondent to carefully assess its claims within 30 days. Respondent will have thirty days from the date of mailing the offer to accept. If the offer is rejected and Respondent fails to recover more than $7500.00 for Parcels 815 and 915, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. Should the Respondent accept, the County will be required to pay as follows: • Additional Compensation for Parcels 815 and 915 $ 1600.00 • Clerk's Service Fee $ 150.00 TOTAL: 1750.00 Attached is the proposed Offer of Judgment. FISCAL IMPACT: Funds in the amount of $1750.00 are available in Project #70892, South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 -MGD. Source of funds are Water Impact Fees, Fund 411. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and authorize service of the Offer of Judgment; 2. Direct staff to deposit the sum of $1600.00 into the Registry of the Court; 3. Direct payment of $150 service fee to the Clerk of court; and 4. Approve entry of a Stipulated Final Judgment and expenditure of the funds, should the offer be accepted. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Agenda Item No. 16K1 September 26, 2006 Page 2 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex- Officio Governing Board of the Collier County Water -Sewer District, Petitioner, Case No.: 05- 1091 -CA Parcel Nos.: 815 & 915 COLONNADE ON COLLIER BLVD. LLC, et al., Respondents. OFFER OF JUDGMEENT - TO: Ali R. Ghahramani MD Investment Limited Partnership c/o Charles R. Forman, Esquire FORMAN, HANRATTY & MONTGOMERY 1323 SE 3rd Avenue Fort Lauderdale, FL 33316 Petitioner, COLT JEER COUNTY, FLORIDA, pursuant to Section 73.032, Fla. Scat., and F1a.R.Civ.P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, ALI R. GHAHRAMANI MD INVESTMENT LIMITED PARTNERSHIP ("Respondent "), for all compensation, including severance damages, statutory interest, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcels 815 and 915 in the total amount of Seven Thousand Five Hundred Dollars and No/100 Dollars ($7,500.00), for Parcels 815 and 915, which includes the amount of $5,900.00 which was deposited pursuant to the Order of Taking dated October 18, 2005. Agenda Item No. 16K1 September 26, 2006 Page 3 of 4 All compensation paid in accordance with this offer will be subject to the apportionment claims, if any. There are no other non - monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondent's review upon reasonable notice of such a request. Dated this day of 2006. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile er �aE7 CERTIFICATE OF SERVICE HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Charles R. Forman, Esquire, FORMAN, HANRATTY & MONTGOMERY, 1323 SE 3rd Avenue, Fort Lauderdale, FL 33316 on this _ day of , 2006 via regular United States Mail. HEIDI F. ASHTON, ESQUIRE 2 Agenda Item No. 16K1 September 26, 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS .—., Item Number: 16K1 Recommendation to authorize the making of an Offer of Judgment to Respondent, Ali R. Item Summary: Ghahramani MD Investment Limited Partnership, for Parcels 815 and 915 in the amount of $7500.00 in the lawsuit styled Collier County v. Colonnade on Collier Blvd. LLC, . at al., Case No 05- 1091 -CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $1750.00). Meeting Date: 9/26 /2006 9:00:00 AM Prepared By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 8/29/2006 1:34:11 PM Approved By Porfido E. Gramatges, P.E. Sr. Project Manager Date Public Utilities Public Utilities Engineering $13012006 8:42 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 91612006 9:38 AM Approved By Roy B. Anderson. P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 9/8/2006 4:05 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 911312006 2:30 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 9/1412006 12:56 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/1412006 1:46 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 911412006 3:21 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/1412006 5:12 PM Commissioners Agenda Item No. 16K2 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondent, Centrex Corporation, Ltd., for Parcels 716, 816, 916, 814 and 914 in the amount of $65,400.00 in the lawsuit styled Collier County v Centrex Corporation, Ltd, et al., Case No. 05- 1129 -CA (South County Regional Water Treatment Wellfield Project 470892). (Fiscal Impact: $11,050.00). OBJECTIVE: Approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Centrex Corporation, Ltd., a Cayman Islands corporation, in the amount of $65,400.00 as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcels 716, 816, 916, 814 and 914 in Collier County v. Centrex Corporation, Ltd., et al., No. 05- 1129 -CA. CONSIDERATIONS: On October 12, 2005, Collier County deposited $54,500.00 into the Court Registry and acquired title to Parcels 716, 816, 916, 814 and 914 in accordance with the Order of Taking entered on October 5, 2005. The subject property is located on the east side of CR 951 approximately 1650 feet north of the intersection of Rattlesnake- Hammock Road and CR 951. Parcel 716 is a temporary easement, Parcels 814 and 816 are access easements and Parcels 914 and 916 are utility easements for water lines. The Office of the County Attorney would like to make an Offer of Judgment in the amount of $65,400.00, as full compensation for the property taken, including interest and all damages. The making of the Offer of Judgment will require the Respondent to carefully assess its claims within 30 days. Respondent will have thirty days from the date of mailing the offer to accept. If the offer is rejected and Respondent fails to recover more than $65,400.00 for Parcels 716, 816, 916, 814 and 914, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondent after the date of the offer's rejection. Should the Respondent accept, the County will be required to pay as follows: • Additional Compensation for Parcels 716, 816, 916, 814, 914 $ 10,900.00 • Clerk's Service Fee $ 150.00 TOTAL: S 11.050.00 Attached is the proposed Offer of Judgment. FISCAL IMPACT: Funds in the amount of $11,050.00 are available in Project 470892, South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 -MGD. Source of funds are Water Impact Fees, Fund 411. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and authorize service of the Offer of Judgment; 2. Direct staff to deposit the sum of $10,900.00 into the Registry of the Court; 3. Direct payment of $150 service fee to the Clerk of court; and 4. Approve entry of a Stipulated Final Judgment and expenditure of the funds, should the offer be accepted. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Agenda Item No. 16K2 September 26, 2006 Page 2of4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT -- IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex- Officio Governing Board of the Collier County Water -Sewer District, Petitioner, Case No.: 05- 1129 -CA V. CENTREX CORPORATION, LTD., a Cayman Islands corporation, et at., Respondents. Parcel Nos.: 716, 816, 916, 814 & 914 OFFER OF JUDGMENT -- TO: Centrex Corp., Ltd., a Cayman islands corporation c/o Chan Jutagir, Registered Agent 9720 NW 114 Way Miami, FL 33178 Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Fla. Stat., and Fla.R.Civ.P. 1.442, does hereby make this binding offer of judgment in this action to Respondent, CENTREX CORP., LTD. ( "Respondent "), for all compensation, including severance damages, statutory interest, business damages, costs to cure, together with the value of the taking, and any other claims of Respondent arising out of the taking of Parcels 716, 816, 916, 814 and 914 the total amount of Sixty -Five Thousand Four Hundred Dollars and No /100 ($65,400.00), for Parcels 716, 816, 916, 814 and 914, which includes the amount of $54,500.00 which was deposited pursuant to the Order of Taking dated October 5, 2005. All compensation paid in accordance with this offer will be subject to the apportionment claims, if any. Agenda Item No. 16K2 September 26, 2006 Page 3 of 4 There are no other non - monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondent's review upon reasonable notice of such a request. Dated this day of , 2006. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile BY: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Chan Jutagir, Registered Agent, 9720 NW 114 Way, Miami, FL 33178 on this _ day of 2006 via regular United States Mail. HEIDI F. ASHTON, ESQUIRE Agenda Item No. 16K2 September 26, 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K2 Recommendation to authorize the making of an Offer of Judgment to Respondent, Centrex Item Summary: Corporation. Ltd., for Parcels 716, 816, 916. 814 and 914 in the amount of $65,400.00 in the lawsuit styled Collier County v. Centrex Corporation, Ltd., et al., Case No. 05- 1129 -CA !South County Regional Water Treatment Welifield Project #70892). (Fiscal Impact: $11,050.00 ). Meeting Date: 9!2612006 9:00:00 AM Prepared By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 612912006 1:36:03 PM Approved By Porfirio E. Gramatges. P.E. Sr. Project Manager Date Public Utilities Public Utilities Engineering 6/3012006 6:43 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/6/2006 9:38 AM Approved By Roy B. Anderson.. P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 9/612006 4:39 PM Approved By Samos W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9/1312006 2:31 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 9/1412006 12:59 PM Approved By OMB Coordinator Administrative Assistant Date Comity Manager's Office Office of Management & Budget 911412006 1:46 PM Approved By Michael Smykowski Management 8 Budget Director Date County Manager's Office Office of Management & Budget 9114/2006 3:24 PM Approved By James V. Mudd County Manager Date Board of County Manager's Office County Manage 9/1512006 10:04 AM Commissioners Agenda Item No. 16K3 September 26, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to authorize the making of an Offer of Judgment to Respondents, Duffield W. Matson, III and Sarah Matson, for Parcels 717R, 917, 718R and 918R in the amount of $19,300.00 in the lawsuit styled Collier County v Duffield W. Matson, III, et al., Case No. 05- 1054-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $4,150.00). OBJECTIVE: Approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondents, Duffield W. Matson, III and Sarah Matson, in the amount of $19,300.00 as full compensation, excepting attorney's fees and costs, for the acquisition arising out of the condemnation of Parcels 717R, 917, 718R and 918R in Collier County v. Duffield W. Matson, et al., Case No. 05- 1054 -CA. CONSIDERATIONS: On October 12, 2005, Collier County deposited $15,300.00 into the Court Registry and acquired title to Parcels 717R, 917, 7188 and 918R in accordance with the Order of Taking entered on October 5, 2005. The subject property is located on the south side of Lord's Way, 1300 feet east of the intersection of CR 951. Parcels 717 and 718 are temporary easements, Parcel 917 is a utility easement for a water transmission line and Parcel 918 is a utility easement for a production well. The Office of the County Attorney would like to make an Offer of Judgment in the amount of $19,300.00, as full compensation for the property taken, including interest and all damages. The making of the Offer of Judgment will require the Respondents to carefully assess their claims within 30 days. Respondents will have thirty days from the date of mailing the offer to accept. If the offer is rejected and Respondents fail to recover more than $19,300.00 for Parcels 717R, 917, 718R and 918R, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Respondents after the date of the offer's rejection. Should the Respondents accept, the County will be required to pay as follows: Additional Compensation for Parcels 717R, 917, 718R, 918R $ 4,000.00 Clerk's Service Fee $ 150.00 TOTAL: QO Attached is the proposed Offer of Judgment. FISCAL IMPACT: Funds in the amount of $4,150.00 are available in Project #70892, South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 -MGD. Source of funds are Water Impact Fees, Fund 411. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: !^ 1. Approve and authorize service of the Offer of Judgment; 2. Direct staff to deposit the sum of $4,000.00 into the Registry of the Court; 3. Direct payment of $150 service fee to the Clerk of court; and 4. Approve entry of a Stipulated Final Judgment and expenditure of the funds, should the offer be accepted. PREPARED BY: Heidi F. Ashton, Assistant County Attorney Agenda Item No. 16K3 September 26, 2006 Page 2 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex- Officio Governing Board of the Collier County Water -Sewer District, Petitioner, Case No.: 05- 1054 -CA VS. DUFFIELD W. MATSON, III, et al., Respondents. Parcel Nos.: 717R, 917, 718R, 918R OFFER OF JUDGMENT TO: Duffield W. Matson, III Sarah Matson c/o William M. Tuttle, 11, Esquire 1320 South Dixie Highway, Suite #851 Coral Gables, FL 33146 Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Fla. Stat., and F1a.R.Civ.P. 1.442, does hereby make this binding offer of judgment in this action to Respondents, DUFFIELD W. MATSON, III and SARAH MATSON ( "Respondents "), for all compensation, including severance damages, statutory interest, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents arising out of the taking of Parcels 717R, 917, 718R and 918R in the total amount of Nineteen Thousand Three Hundred Dollars and No /100 ($19,300.00), for Parcels 717R, 917, 718R and 918R, which includes the amount of $15,300.00 which was deposited pursuant to the Order of Taking dated October 5, 2005. Agenda Item No. 16K3 September 26, 2006 Page 3 of 4 All compensation paid in accordance with this offer will be subject to the apportionment claims, if any. There are no other non - monetary terms or other relevant conditions to this offer except that this offer does include interest from the date of the Order of Taking but does not include attorney's fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be available for the Respondents' review upon reasonable notice of such a request. Dated this day of , 2006. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile IM 011- HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to William M. Tuttle, II, Esquire, 1320 South Dixie Highway, Suite #851, Coral Gables, FL 33146 on this _ day of , 2006 via regular United States Mail. HEIDI F. ASHTON, ESQUIRE PA Agenda Item No. 16K3 September 26; 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K3 Recommendation to authonze the making of an Offer of Judgment to Respondents, Duffield Item Summary: W. Matson, III and Sarah Matson, for Parcels 717R, 917, 718R and 918R in the amount of $19,300.00 in the lawsuit styled Collier County v. Duffield W. Matson, III, et al., Case No. 05- 1054-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $4,150.00). Meeting Date: 9/26/2006 9:00:00 AM Prepared By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 8!2912006 1:40:07 PM Approved By Porfirio E. Gramatges. P.E. Sr, Project Manager Date Public Utilities Public Utilities Engineering 8130!2006 8:43 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/612006 9:35 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 918120064:39 PM Approved By James W. DoLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9113/2006 2:31 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 9/1412006 1:00 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/14/2006 1:47 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9114/2006 3:25 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/1412006 5:47 PM Commissioners __ Agenda Item No. 16K4 September 26, 2006 Page 1 of 19 EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel No. 804 in the lawsuit styled CC v James M. Brown, et at, Case No. 06- 0525 -CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $28,500.00) OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and Stipulated Final Judgment for payment of full compensation, expert fees and costs, and attorney's fees, for the taking of Parcel No. 804 in the lawsuit styled CC v. James M Brown, et al., Case No. 06- 0525 -CA (Santa Barbara Boulevard Project No. 62081). CONSIDERATIONS: The County acquired the subject property by depositing the sum of $7,300.00 in accordance with a Stipulated Order of Taking entered on August 29, 2006. At mediation, the County and Respondents, Ettore and Monique Mancini, negotiated a global settlement of $35,800.00, to resolve all issues relating to the taking of Parcel 804, including full compensation, engineering and appraisal fees and costs and attorney's fees. A global settlement allows Respondents to allocate the settlement dollars, which was done in the attached Mediated Settlement. If approved, the County will pay the following: ■ Additional Compensation: $17,200.00 ■ Expert Witness Fees: $ 6,000.00 ■ Negotiated Attorney's Fees: $ 5,300.00 TOTAL $28,500.00 FISCAL IMPACT: Funds in the amount of $28,500.00 are available in Gas Taxes and Impact Fees. Source of funds are Impact Fees and /or Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Mediated Settlement Agreement and Stipulated Final Judgment as to Parcel No. 804; 2. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 06 -0525- CA/446 Agenda Item No. 16K4 September 26. 2006 Page 2 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K4 a Mediated Settlement Agreement and Stipulated Final Item Summary: Recommendation to approve CC James M. Brown, at al., Case No. Judgment for Parcel No. 804 In the lawsuit styled v. 06- 0525 -CA (Santa Barbara Boulevard Project No. 62081). (Fiscal impact $28,500.00) Meeting Date: 9126!2006 9:00:00 AM Prepared By Ellen T. Chadwell Assistant County Attorney Dale County Attorney ey Y Office Count Attorney 9/6/2006 4:17:15 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 917 @006 2:12 PM Approved By Lisa Taylor Mana ement)Budget Analyst 9 Date Transportation Services Transportation Administration 902006 4:00 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 911112006 3:13 PM Approved By Kevin Hendricks 9 Y Acquisition Manager Right Of Wa Date Transportation Services TECM•ROW 9111!2006 5:56 PM Approved By Najeh Ahmad Director Date Transportation Engineering & 9112/2006 2:21 PM Transportation Services Construction Management Approved By Norm E. Fader, AICP Transportation Division Administrator P Date Transportation Services Transportation Services Admin. 9712/2006 2:35 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 9/14/2006 1:00 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9114/2006 1:53 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 9/1912006 8:59 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/19/2006 8:47 PM Commissioners Agenda Item No. 16K4 September 26, 2006 Page 3 of 19 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. JAMES M. BROWN, et al., Defendants. 9 CASE NO.: 06- 0525 -CA PARCEL NO. 804 MEDIATED SETTLEMENT AGREEMENT This Mediated Settlement Agreement has been entered into between Petitioner, COLLIER COUNTY, hereinafter referred to as Petitioner, and ETTORE MANcm AND MONIQUE MANCM, and any heirs, assigns or successors, hereinafter referred to as Defendants, at a mediation conference held on the 24'' of August, 2006, with the parties agreeing to the following: 1. Petitioner will pay to Defendants, ETToRE MANCINI AND MONIQUE MANCINI, the sum of Twenty Four Thousand Five Hundred Dollars [$24,500.00], inclusive of the good faith deposit, to fully and finally settle any and all claims for compensation in this matter for Parcel 804, including claims by Defendants for Iand and improvements taken, severance business or special damages, relocation entitlements and interest, excluding attorney's fees -1- Agenda Item No. 16K4 September 26, 2006 Page 4 of 19 and costs. Petitioner shall also pay the sum of Five Thousand Three Hundred Dollars [$5,300.00] for all claims for attorney's fees, except attorney's fees and costs incurred with regard to supplemental proceedings, if necessary. Petitioner shall also pay the sum of Six Thousand Dollars [$6,000.00] for all claims of expert's fees, costs or expenses related to Parcel 804. This Mediated Settlement Agreement is subject to the following conditions: (A) the County agrees that, as part of the detention pond to be constructed upon Parcel 805, described as Pond GG 2 -1, it will install an aeration "fountain" within the boundaries of the retention pond; (B) the County agrees that it will pay all costs related to the deposition taken of Wayne Hart, P.E.; (C) the County agrees that, as part of the roadway improvement to German Woods Court and installation ofthe drainage structures, the County will restore the Defendant's driveway to equal or better condition than that which existed at the commencement of construction of the roadway project; (D) the County agrees to landscape the detention pond on Parcel 805, described as Pond GG 2 -1, in accordance with the Collier County Landscape Beautification Master Plan. The sum paid by Petitioner as compensation to Defendants for Parcel 804 is subject to apportionment by other interested parties, if any. This Mediated Settlement Agreement is subject to approval by the Board of County Commissioners. 2. Petitioner shall pay the amount due for Parcel 804, within 30 days after receipt by the Petitioner of a conformed copy of the Stipulated Final Judgment rendered by the Court and referred to below. -2- Agenda Item No. 16K4 September 26, 2006 Page 5 of 19 3. Petitioner and Defendants will submit a joint motion for entry of a mutually acceptable Stipulated Final Judgment consistent with this Mediated Settlement Agreement within 20 days of approval of this Mediated Settlement Agreement by the Board of County Commissioners. 4. The Court shall retain jurisdiction in this matter to enforce this Mediated Settlement Agreement and the Stipulated Final Judgment, and to conduct any supplemental proceedings, if necessary. 5. This Mediated Settlement Agreement, attachments and Addendum, if any, contain all of the agreements of the parties and every part of every agreement. No oral agreement, statement or representation is binding unless contained within this Mediated Settlement Agreement and attachments, if any. 6. This Mediated Settlement Agreement is based upon the Petitioner's construction plans and right of way maps existing on the date of the mediation conference. At the request of the Defendants, a copy of Petitioner's construction plans and right of way maps relating to Parcel 804, will be attached to the Stipulated Final Judgment. 7. The parties and counsel have reviewed and understand the terms of this Mediated Settlement Agreement and have voluntarily determined to enter into this Mediated Settlement Agreement without compulsion by any participant in this mediation conference. 8. The parties warrant that they have full authority to enter into a full and complete settlement with regard to Parcel 804. -3- J 6�-�r L ELEN T. CgADWELL, ESQ. Florida Bar No. 983860 Office of the County Attorney Harmon Turner Bldg. 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Counsel for Petitioner Collier County / Client Representative (Please Print) Alan E. DeSerio, Esq. Certified Circuit Court Mediator Post Office Box 1485 Brandon, Fl. 33509 -1485 (813) 335 -2241 Dated: August 24, 2006 -4- Agenda Item No. 16K4 September 26, 2006 Page 6 of 19 i UREE=ONE�SESQ�� Florida Bar No. 882283 Rogers Towers, P.A. 1301 Riverplace Blvd. Suite 1500 Jacksonville, Fl. 32207 (904) 398 -3911 Counsell for Defendants Client / Client Representative By: F. .ee- r�i9,uG�,y (Please Print) Client / Client Representative By: (Please Print) Agenda Item No. 16K4 September 26, 2006 Page 7 of 19 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 06- 0525 -CA -CAE V. JAMES M. BROWN, et al., Parcel: 804 Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLL LIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, ETTORE MANCINI and MONIQUE MANCINI, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 804, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, ETTORE MANCINI and MONIQUE MANCINI, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, ETTORE MANCINI and MONIQUE MANCINI, have and recover from Petitioner, COLOR COUNTY, FLORIDA, the total sum of Twenty -Four Thousand Five Hundred and No /100 Dollars ($24,500.00) for Parcel 804, inclusive of the good faith estimate of value of $7,300.00 deposited by Petitioner, as full compensation for the property interest acquired and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further Agenda Item No. 16K4 September 26, 2006 Page 8 of 19 �. ORDERED that Respondents will recover from Petitioner the sum of Six Thousand and No /100 Dollars ($6,000.00) as engineering and appraisal expert fees and costs; it is further ORDERED that Respondents will receive, pursuant to §73.092(1), Fla. Stat., as a reasonable attorney's fee the sum of Five Thousand Three Hundred and No/100 Dollars ($5,300.00). Except as provided herein, no attorney's fees or other costs, including for non - monetary benefits, shall be awarded in connection with the above - styled cause of action as it relates to Parcel 804, except in regard to supplemental proceedings, if any; it is further ORDERED that Petitioner shall pay, within thirty (30) days hereof, the total sum of Twenty -Eight Thousand Five Hundred and No /100 Dollars ($28,500.00), made payable to Rogers Towers, P.A. Trust Account, c/o Maureen Jones, Esquire, Rogers Towers, P.A., 1301 Riveiplace Boulevard, Suite 1500, Jacksonville, FL 32207, for proper disbursement in accordance with this order; it is further ORDERED that disbursement to Respondents, ETTORE MANCINI and MONIQUE MANCINI, is subject to the apportionment claim, if any, of the mortgagee identified in this proceeding; it is further ORDERED that title to Parcel 804, a Perpetual Non - Exclusive Drainage Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated August 29, 2006, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that Petitioner will construct Santa Barbara Boulevard Road Improvement Project (No. 62081) in substantial conformance with the plan sheets attached as Exhibit `B" and made a part hereof by reference; it is further ORDERED that Petitioner will restore Respondents' driveway to a condition of equal or better quality than existed immediately prior to commencement of construction. Agenda Item No. 16K4 September 26, 2606 Page 9 of 19 ORDERED that Petitioner will landscape the pond to be constructed on Parcel 805 as part of this project in accordance with the Collier County Landscape Beautification Master Plan and will install an aeration fountain within the boundaries of the pond; it is further ORDERED that the Notice of Lis Pendens filed in the above - styled cause and recorded in Official Record Book 4012, Page 3975 of the Public Records of Collier County, Florida be dismissed as to Parcel 804; it is further ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of $ to Collier County Board of County Commissioners, c/o Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in accordance with Section 28.33, F.S., it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED at Naples, Florida, this day of , 2006. CYNTHIA A. El I S CIRCUIT COURT JUDGE conformed copies to: Ellen T. Chadwell, Esquire Maureen Jones, Esquire John P. Cardillo, Esquire James R. Myers, Esquire Bank of America, N.A. Kevin Hendricks, Acquisition MgrJTransp. Accounting Agenda Item No. 16K4 September 26, 2006 Page 10 of 19 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, ETTORE MANCINI and MONIQUE MANCINI, hereby respectfully move for entry of the foregoing Stipulated Final Judgment as to Parcel 804. Q Dated: 1 O!° Dated: MAUREEN JONE " SQUIRE Florida Bar No. 0882283 ROGERS TOWERS, P.A. 1301 Riverplace Boulevard, Suite 1500 Jacksonville, FL 32207 (904) 398 -3911 - Telephone (904) 396 -0663 - Facsimile ATTORNEY FOR RESPONDENTS, ETTORE MANCINI & MONIQUE MANCINI ELLEN T. CHADWELL, ESQUIRE Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -0225 - Facsimile ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion for Stipulate Final d ent has been fiunished by U.S. Mail to all parties listed below on this �'� day of 2006. ALL N T. CHADWELL, ESQUIRE Ettore Mancini and Monique Mancini and James M. Brown c/o Maureen Jones, Esq. Rogers, Towers, P.A. 1301 Riverplace Blvd., Suite 1500 Jacksonville, FL 32207 Bank of America, N.A. Bank of America Legal Department NCI-002-29-01 101 S. Tyron Street Charlotte, NC 28255 Kenneth A. Wilborn and Patricia A. Wilborn c/o John P. Cardillo, Esq. 3550 East Tamiami Tr. Naples, FL 34112 -4999 Sprint — Florida, Incorporated n/k/a Embarq c/o James R. Myers, Esq. SWARTZ CAMPBELL LLC 12585 New Brittany Blvd. Ft. Myers, FL 33907 n u v' �Pag 1 oaf 119 0 . 25 30 100 GRAPHIC SCALE LOEN GA 7E ES T4 TES UNIT 30, PLA T BOOK 7, IPA GE 58 117 { 1171 PLAT EXISII'NG 10' EASEM NT RAINAGE PURPOSES PER PLAT LEGAL DESTIPnay. BEING 774E NORTH 50 FEET OF LOT 4, GERMAN WOODS, PLAT BOOK 23, PAGE 62, COLLIER COUNTY, FLORIDA. CONTAINING 9,750 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. SURVEY * ** PREPA17ELl BY.^ WILSONAfI INC. EXHIBIT PERPETUAL, NON - EXCLUSIVE DRAINAGE EASEMENT LEGEND: ',Ft0Rl0A.= REGSTR LS45627! r, PROPOSED DRAINAGE EASEMENT NOT. kfD UNL&§ t'106 dS'Y ME SURVEYOR AND KAM= A 84M OV R+r R. 0. W. = RIGHT OF WAY SEAL WI.1N THE SUR.VE S. dl80SSED SEAL. AJWW AN 0AIM( F'La tau -wso • .1DAUR WrSMItPL4WCodtaMir O.R.B. a OFFICIAL RECORDS BOOK CERFfF ,lCA'?E'O'FApUIH041ZAT10N /4B -43 sr faoJroeaortarnsrmac FF.P,&/LL..��= FZCRI�DAA.PO*EE/R�p& UGH/T�� PROJECT R04 62081. . PARCJ,L -N0. , 8A• CLIENT. .V�/WE COUt 1 T Af.SPOR1APO , VT ENGINEERING & CONSTRUC77ON MANAGEVENT DIMMON lrllsommilld�i TITLE-. SIB AND DESCRIPTION BEING PART OF LOT 4, Phff— • ByTlserr • EedWs . Swwywr Lwxi.- Amhfoeh • Tmn wfaam CcwWanh GERMAN COLLIER 2, COUNTY, FLORIDA AGE 6 Whanuffer, h1R NSa4r . rwfkov ' &WA • &$**A -Twq OATS: PROJECT NO.; SNOUT NUMBER: FILE NO,; O rI"4a'r' '' Ag'�w'r°" -Aw0940"' "I'm 04/2002 N6022- 002 - 010— TDNN9' 104 OF XXX Nov 14, 2002 — 11:39:03 LMILLERIX: \SUR \N6022 \Skelch Of Oescriplions \Submitted \2gg203saO4.dwg GOLDEN GATE ESTATES UNIT 30, I� PLAT BOOK 7, PAGE 58 96 502.75' (PLAT) o PROPOSED 50' 50' w t-" DRAINAGE EASEMENT o 9,750 SQUARE FEET' 0 G( NO..- pmak a „i y 502.26' (PLAT) 50' FOR PROPOSED DRAINAGE EASEMENT FOR GERMAN WOODS, 1 PLAT BOOK 23, PAGE 62 1 y 2 FOR L v' �Pag 1 oaf 119 0 . 25 30 100 GRAPHIC SCALE LOEN GA 7E ES T4 TES UNIT 30, PLA T BOOK 7, IPA GE 58 117 { 1171 PLAT EXISII'NG 10' EASEM NT RAINAGE PURPOSES PER PLAT LEGAL DESTIPnay. BEING 774E NORTH 50 FEET OF LOT 4, GERMAN WOODS, PLAT BOOK 23, PAGE 62, COLLIER COUNTY, FLORIDA. CONTAINING 9,750 SQUARE FEET MORE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORD. SURVEY * ** PREPA17ELl BY.^ WILSONAfI INC. EXHIBIT PERPETUAL, NON - EXCLUSIVE DRAINAGE EASEMENT LEGEND: ',Ft0Rl0A.= REGSTR LS45627! r, PROPOSED DRAINAGE EASEMENT NOT. kfD UNL&§ t'106 dS'Y ME SURVEYOR AND KAM= A 84M OV R+r R. 0. W. = RIGHT OF WAY SEAL WI.1N THE SUR.VE S. dl80SSED SEAL. AJWW AN 0AIM( F'La tau -wso • .1DAUR WrSMItPL4WCodtaMir O.R.B. a OFFICIAL RECORDS BOOK CERFfF ,lCA'?E'O'FApUIH041ZAT10N /4B -43 sr faoJroeaortarnsrmac FF.P,&/LL..��= FZCRI�DAA.PO*EE/R�p& UGH/T�� PROJECT R04 62081. . PARCJ,L -N0. , 8A• CLIENT. .V�/WE COUt 1 T Af.SPOR1APO , VT ENGINEERING & CONSTRUC77ON MANAGEVENT DIMMON lrllsommilld�i TITLE-. SIB AND DESCRIPTION BEING PART OF LOT 4, Phff— • ByTlserr • EedWs . 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NNE ■N... ■1i. ■ ■11 ■.... ■. ■■■.■ ■...1. ■..I ■ ■ ■. ■■ .■..1...■.I....l....��i ••■...■■.1..■.1.■■■■■. - ` `. ..................a;+i No Noma l■mil... ■11 \ ■ ■. ■■ ■■■.. ■..■ ■ ■. ■11 ■..... MIEN .Qu... ■. ■1.■tl..Li■ ■. ■. INN . ■■. ■...��...■ ■ ■..■ ■.■.N....11IN \ ■ ■.N.. .■...■. ■.L 1. ■.�i3 ■ ■6. ...■.. ■..u. ■.tl. ■ \��a ■ ■■■N ■ ■� ■.. ■A.. ■ ■ ■11� ■ ■ ■ ■...■■.. ■ ■ ® ■ ■. / /11 �■ ■ ■......■.... ■. ■.. all . ■ ■ ■...NNE ...■...MOM . ■......... ■... ■ ■.■f =7 . ■■..... ■... ■ ■. ■ ■■■■ . ■ ■.... ■ ■. ■.. ■ ■..■■. ■....... ■ ■........an ... ■.. ■.. ■. ■ ■ ■....■. .■...■.... ■.. ■. ■.... Agenda Item No. 16K5 September 26, 2006 Page 1 of 6 Executive Summary Recommendation that the Board of County Commissioners Approve the Proposed Agreed Motion for an Agreed Order For Expert Fees and Costs Relating to Parcel 26P in the lawsuit styled Board of County Commissioners v. Collier HMA, Inc,, et al., Case No. 06- 0013 -CA, CR- 951 Water Transmission Main Project #70152. (Fiscal Impact: $38,636.25). OBJECTIVE: That the Board of County Commissioners approve the proposed Agreed Motion for the entry of an Agreed Order awarding attorney's fees and expert witness fees and costs in the amount of $38,636.25 resulting from the condemnation of Parcel 26P in Board of County Commissioners v. Collier HMA, Inc., et al., Case No. 06- 0013 -CA. CONSIDERATIONS: This item is included in the 2005 Water Master Plan update adopted by the Board of County Commissioners on June 6, 2006, item 10B. On May 23, 2006, the Board of County Commissioners approved a Stipulated Final Judgment for the payment of full compensation in the amount of $330,000 for the acquisition of Parcel 26P, a permanent utility easement located at the northeast corner of US 41 East and CR 951. Pursuant to Sections 73.091 and 73.092(1) and (2), Fla. Stat., Respondents, Southern Centers (property owner) and CVS (tenant) are entitled to all reasonable and necessary costs and incurred in the defense of the eminent domain proceeding and attorney's fees. After resolution of the compensation issue, CVS submitted an invoice for appraisal services in the amount of $2,535.00 and an invoice for engineering services totaling $4,029.75. As a result of negotiation, the parties have agreed to $2,250.00 and $3,386.25, respectively, for these costs. The parties have also negotiated attorney's fees for the property owner and tenant in the amount of $33,000.00, to be shared equally between Respondents' attorneys. If approved, the County will pay the following, which will conclude all issues arising out of the acquisition of Parcel 26P (see attached proposed Agreed Order) : • Appraisal Fees and Costs $ 2,250.00 • Planning Fees and Costs $ 3,386.25 • Attorneys' Fees $33,000.00 TOTAL: $38,636.25 FISCAL IMPACT: Funds in the amount of $38,636.25 are available in the FY 2006 adopted budget. Source of Funds are Water Impact Fees. GROWTH MANAGEMENT IMPACT: This project will further the goals and policies of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Motion for Agreed Order for Expert Fees and Costs; and 2. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney Agenda Item No. 16K5 September 26. 2006 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number: 16K5 Recommendation that the Board of County Commissioners Approve the Proposed Agreed Item Summary: Motion for an Agreed Order For Expert Fees and Costs Relating to Parcel 26P in the lawsuit styled Board of County Commissioners v. Collier HMA, Inc., et al., Case No. 06- 0013 -CA, CR -951 Water Transmission Main Project #70152. (Fiscal Impact: $38,636.25). Meeting Date: 912612006 9:00:00 AM Prepared By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 9712006 2:49:07 PM Approved By Ronald F. Dillard, F.E. Senior Project Manager Date Public Utilities Public Utilities Engineering 9(812006 3:13 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 9/812006 4:56 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 9/12/2066 4:02 PM Approved By Paul Mattausch Water Director Date Public Utilities Water 911312006 9:57 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 911312006 1:53 PM ` Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 911412006 1:03 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 9114/2006 1:46 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9115/2006 9:28 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 9/1912006 9:03 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/19!2006 3:07 PM Commissioners Agenda Item No. 16K5 September 26, 2006 Page 3 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex- Officio Governing Board of the Collier County Water -Sewer District, Petitioner, Case No. 06- 0013 -CA -CAE V. COLLIER HMA, INC., et al., Parcel: 26P Respondents. AGREED ORDER FOR EXPERT FEES AND COSTS THIS CAUSE, having come before the Court upon an agreed motion made by Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex- Officio Governing Board of the Collier County Water -Sewer District, and Respondents, SOUTHERN CENTERS IN NAPLES, L.C. and CVS EGL 951 NAPLES FL, LLC, by and through their undersigned counsel, for entry of an Agreed Order awarding expert fees and costs relating to Parcel 26P, and the Court, being otherwise fully advised in the premises, it is hereby ORDERED that the Respondents, SOUTHERN CENTERS IN NAPLES, L.C. and CVS EGL 951 NAPLES FL, LLC, are awarded the sum of Thirty -Three Thousand and No /100 Dollars ($33,000.00) for attorney's fees in this matter. The attorney's fees shall be disbursed in equal shares to the undersigned counsel for Respondents, SOUTHERN CENTERS IN NAPLES, L.C. and CVS EGL 951 NAPLES FL, LLC.; it is further ORDERED that Petitioner shall issue a check in the amount of Sixteen Thousand Five Hundred and No /100 Dollars ($16,500.00), made payable to Brigham Moore LLP Trust Agenda Item No. 16K5 September 26, 2006 Page 4 of 6 Account, c/o John W. Little, III, Esq., Brigham Moore LLP, One Clearlake Centre, Suite 1601, 250 South Australian Avenue, West Palm Beach, Florida, 33401; it is further ORDERED that Petitioner shall issue a check in the amount of Sixteen Thousand Five Hundred and No /100 Dollars ($16,500.00), made payable to Schropp, Buell & Elligett Trust Account, c/o Mark P. Buell, Esq., 3003 West Azeele Street, Suite 100, Tampa, Florida, 33609- 3138; it is further ORDERED that Petitioner shall issue a check in the amount of Two Thousand Two Hundred Fifty and No /100 Dollars ($2,250.00) for appraisal fees and costs made payable to Durrance & Associates, P.A., 2011 Cleveland Street, Suite C, Tampa, FL 33606; it is further ORDERED that Petitioner shall issue a check in the amount of Three Thousand Three Hundred Eighty -Six and 25/100 Dollars ($3,386.25) made payable to Mesimer and Associates, Inc., 1530 Dr. Martin Luther King Jr. Street North, St. Petersburg, Florida, 33704, for engineering fees and costs incurred in the defense of this proceeding; it is further ORDERED that no other costs, expert fees or attorney's fees shall be awarded in this cause and this Order is final as to all issues arising out of the taking of Parcel 26P. DONE AND ORDERED in Naples, Florida, this day of , 2006• CYNTHIA A. ELLIS CIRCUIT COURT JUDGE Conformed copies to: Ellen T. Chadwell, Esquire John W. Little, III, Esquire Mark P. Buell, Esquire Michael P. Hamaway, Esquire Brian R. Brattebo, Esquire Agenda Item No. 16K5 September 26, 2006 Page 5of6 AGREED MOTION The parties, by and through their undersigned attorneys, hereby respectfully request this Court to enter the foregoing Agreed Order for Expert Fees and Costs. Dated: 9!2/0G ow W JOHN W. LIT -'LE, III, ESQUIRE Florida Bar No. 384798 BRIGHAM MOORE LLP One Clearlake Centre, Suite 1601 250 South Australian Ave. West Palm Beach, FL 33401 (561) 832 -7862 - Telephone (561) 832 -7860 —Facsimile ATTORNEY FOR RESPONDENT SOUTHERN CENTERS IN NAPLES, L.C. Dated: MARK P. BUELL, ESQUIRE Florida Bar No. 217603 SCHROPP BUELL & ELLIGETT, P.A. 3003 W. Azeele Street, Suite 100 Tampa, FL 33609 -3138 (813) 874 -2600 — Telephone (813) 874 - 1760 — Facsimile ATTORNEY FOR RESPONDENT CVS EGL 951 NAPLES FL, LLC Dated: ELLEN T. CHAD WELL, ESQU Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 - Telephone (239) 774 -025 — Facsimile ATTORNEY FOR PETITIONER COLLIER COUNTY Agenda Item No. 16115 September 26, 2006 Page 6 of 6 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished via U.S. Mail to the parties listed below on this day of , 2006• ELLEN T. CHADWELL, ESQUIRE Southern Centers in Naples, L.C. c/o John W. Little, III, P.A. BRIGHAM MOORE LLP One Clearlake Centre, Suite 1601 250 South Australian Ave. West Palm Beach, FL 33401 CVS EGL 951 Naples FL, LLC c/o Mr. Mark P. Buell, Esq. Schropp, Buell & Elligett, P.A. 3003 W. Azeele Street, Suite 100 Tampa, FL 33609 -3138 BankAtlantic c/o Michael P. Hamaway, Esq. MOMBACH, BOYLE & HARDIN, P.A. 500 East Broward Blvd., Suite 1950 Ft. Lauderdale, FL 33394 Florida Power & Light Company c/o Brian R. Brattebo, Esq. 9250 Flagler Street Miami, FL 33174 Agenda Item No. 16K6 September 26, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve an Agreed Order Awarding Expert Fees and Costs for Parcel 126 in the lawsuit styled Collier County v North Naples Fire Control & Rescue District, et al., Case No. 02- 1702 -CA (Goodlette -Frank Road Project No. 60134). (Fiscal Impact $23,435.00) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees and Costs for the taking of Parcel 126 in the lawsuit styled Collier County v. North Naples Fire Control & Rescue District, et al., Case No. 02- 1702 -CA (Goodlette -Frank Road Project No. 60134). CONSIDERATIONS: The parties entered into a Stipulated Final Judgment which was executed by Judge Brousseau on March 28, 2006. The property owner submitted invoices for appraisal expert fees and costs totaling $30,701.00, contractor expert fees totaling $4,045.00, and attorney's costs totaling $4,534.04. Through negotiation the parties have agreed to the amounts set forth below. If the settlement is approved, the County is responsible for the following costs: ■ Appraisal Expert Fees and costs: $16,000.00 Contractor Expert Fees: $ 3,650.00 ■ Defense Costs: 3,785.00 TOTAL $23,435.00 See attached Agreed Order Awarding Expert Fees and Costs as to Parcel 126. FISCAL IMPACT: Funds in the amount of $23,435.00 are available in the FY 2006 adopted budget. Source of funds are Impact Fees and/or Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order Awarding Expert Fees and Costs as to Parcel 126; 2. Approve the expenditure of funds as stated; and 3. Direct staff to pay the sum of $23,435.00 to Cardillo, Keith & Bonaquist Trust Account, c/o John P. Cardillo, Esquire, for proper disbursement. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 02.0046/876 lol- Agenda Item No. 16K6 September 26, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: - 161 Recommendation to approve an Agreed Order Awarding Expert Fees and Costs for Parcel Item Summary: 126 in the lawsuit styled Collier County v. North Naples Fire Control & Rescue District, st al., Case No. 02.17U2 -CA (Goodlette -Frank Road Project No. 60134). (Fiscal Impact $23,435.00) Meeting Date: 9/26/2006 9:00:00 AM Prepared By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 9111/2006 11:15:40 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 911112006 3:17 PM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Services Transportation Administration 911112006 4:07 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 9H112006 5:50 PM Approved By Najeh Ahmad Director Date Transportation Engineering & 9112/2006 2:22 PM Transportation Services Construction Management Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9/1212006 2:49 PM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 9112/2006 4:02 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 911412006 1:04 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911412006 1:58 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 911912006 9:07 AM Approved By James V, Mudd County Manager Date Board of County County Manager's Office 9/19/2006 4:51 PM Commissioners Sep. 7. 2406 4:08PM ,,p� Mem Item N 16K6 ber 2 2006 Page 3of5 IN TM CIRCUIT CO'ORT OF T". . FILMH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION . COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Y. Case No. 02- 1702 -CA NORTH NAPLES FM CONTROL & Parcel: 126 RESCUE DISTRICT, at aL Respondents. AGRF�D ORDER AWARDING EXPERT FEES AND COSTS THIS CAUSE, baving come before the Court upon joint motion of the peaces, Petitioner, COLLIER COUNTY, FLORIDA, by and 'tiuoV. its uudm gned counsel, and Respondent, NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT, by and through 113 couwsei, fbr emy of ao Agreed Order Awarding Expert Fees and Costs. end the Count, being fully advised in the premises, it is heiteby OnRM AND ADHIDGM that Respondent, NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT, receive from Petitioner, COLLIER COUNTY, FLORIDA, the total sum. of Twenty- Three Thousand Fow Hundred Thbly -Five and Nano# Mars ($T.3,43Si O far q 1111 -1 f• -f / :1 ■ • 1-114. - 1' •. ► 1 ! WNTROL & RESCUE DISTRICT in thus cause, comPfisiaB $I k000.00 far appmgsat egg t fees and costs, $3,650.00 for contractor expert fees, and $3,185.00 for anomWs litigation costs with respect to Parcel 126. ORDERED AND ADJUDGED that Petwoner, COLLIER coLwTY, FLORIDA, shat, whbin thirty (30) days fiam the date of this Order, pay *a mm oaf Twenty -Three Thousand Four Hundred Thirty-Five and No1100 Dodm (S23¢I35.00) to CARDILLO, KBUR & Sep. 7, 2006. 4:06PM 1606 emk�r 2`6, 2006 Page 4 of 5 BONAQt)LST TRUST ACCOUNT, CIO 70hu P. Cardillo, Esq.. CARDH -W, MM $d BONAQUIST, 3550 E. Tamistd Trail, Naples, FL 34112, for pt'opU cUsbu 01neut ORDMD AND AD=GW that no other casts, including s pplemeutul eY's f�, eta awarded in this cause and *b Order is final as to all issuos adsins Out Of the taking Of Paroel 126. DONE AND. ORDMW in Naples, Collier Cowty, Florida, this day of 2006. Curidt Court Iudp Confiax ned copies U. Mien T. Cbadwc% Esquire Jobn P. Ca *ac, Esquire Bdw R. Branarbo, Esquire Robastt D. Pritt, Esquire Thomas C. Palmer. Esqd= E. Gim TEUCker, EKUiM� . Kevin Hendricks, AW isatim r.f yMW- $ookkecpiag aal T MQ1'EUN ,,be , Parties6 by and throu& their undersigned attomys, h meby move for entry of the g Agreed Order Awarding Expert Fees and Costs. John P. Cardillo, Esq. Plotida Bar No.: 146079 3550 B. Tudami Trail Naples, FL 34112 (239) 774 -2229 - Phone (239) 7742494 . Facsimile ATTORNEY FOR RESPONDENT': NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT Daarted: Elicn T. Clad Assistant C+auaty Flarids. Dar No.: 983860 3301 East TamiaW Trail, 8a' Floor Naples, Florida 34112 (239) 774 -8400 — Pbwc (239) 774 -025 — Facsimile ATTORNEY FOR PH71 ONER 3epa 7. 2046 4 :09PM No. M4da IP( mr*o. 16K6 September 26, 2006 Page 5 of 5 CERTl�CATE OF M'irICE I B EREBY CERTIFY that a true and Cmreet COPY of the foregoW Joint Motion and Agreed Oi+dW Awer&& Expert Fens and Costs has been fiunishcd via U.S. mail to the pufleg listed below on tbds day of . 2006. ELLEN T. CHADWELL North Naples Fire Control & Rescue District C/o Jolm P. Cardillo, Esq. C6tuo, Keith & Bo quist 3550 E. Tamiami Trag East Naples, FL 34112 Florida Power & Light clo .Brian R. Bratteba, Esquire 9250 W. Fla0er Street Me* FL 33174 City ofNaples C16 Robes A Prt Esq. Roct=l & Andress 850 Park Shore Drive Suite 300 Naplas, FL 34103 Collier County Watex4ewer District C/o Thomas C. Palmer, Esq. Office of the County Attomey F%on Tvmer Building 3301 East Tamiami. Trag Naples, PL 34112 Comer County Tax Collector eta E. Glenn Tucker; lisI,. RHODES & TUCKER P. O. Box 887 Marco island. FL 34146 Agenda Item No. 16K7 September 26, 2006 Page 1 of 2 EXECUTIVE SUMMARY APPROVE SPECIAL MAGISTRATE AGREEMENTS AND AUTHORIZE PAYMENT FOR SPECIAL MAGISTRATE SERVICES FOR VALUE ADJUSTMENT BOARD HEARINGS FOR TAX YEAR 2006. OBJECTIVE: To approve Special Magistrate Agreements and the payment for Special Magistrate services in conducting hearings on petitions to the Value Adjustment Board for the 2006 Tax Year. CONSIDERATIONS: Requests for proposals were solicited for both Attorney Special Magistrates and Appraiser Special Magistrates for the 2006 Value Adjustment Board hearings. Notice was sent to forty -six (46) firms, with a total of six (6) firms submitting proposal responses. Proposals were evaluated and ranked by the Selection Committee. On July 26, 2006, the Value Adjustment Board then selected the two highest ranked proposers in each category, Davia Mazur, Esq., for Attorney Special Magistrate and Scott Watson of The Coastal Consulting Group for Appraiser Special Magistrate. The VAB also selected James N. Bush, Esq., as an Alternate Attorney Special Magistrate in the event Ms. Mazur is unable to perform her duties due to sickness or an emergency. Pursuant to statute, the VAB appointed these individuals as Special Magistrates for the 2006 VAB hearings. The agreements provide that the Special Magistrates will conduct tax petition hearings this fall and render recommended orders to the full VAB at an hourly rate of $125 for Attorney Mazur, $100 for Coastal Consulting Group and $80 for Attorney Bush. The term is one Collier County Value Adjustment Board session with an option for two (2) additional Collier County Value Adjustment Board sessions upon request of the VAB. Similar contracts were entered into last year, and three Appraiser Special Magistrates have renewed their contracts for 2006. FISCAL IMPACT: The cost of services under these three new Agreements is not expected to exceed $15,000. The cost for the three renewed contracts should not exceed $10,000. The cost for all VAB expenses is shared with the District School Board, which by statute is responsible for two - fifths of these expenses. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and ratify all Special Magistrate Agreements, including those renewed agreements, and authorize payment for Special Magistrate services on an hourly basis. 2. Direct staff to take such steps as are necessary to ensure performance under the terms of the agreements. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Agenda Item No. 16K7 September 26, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ..--� Item Number: 16K7 Item Summary: Approve Special Magistrate Agreements and authorize payment for Special Magistrate Services for Value Adjustment Board Hearings for Tax Year 2006. Meeting Date: 912612006 9:OO:OD AM Prepared By Ellen T. Chadweli Assistant County Attorney Date Attorney Office 9/1112006 1:42:16 PM County Attorney County y Approved By Ellen T. Chadweli Assistant County Attorney Date County Attorney Count Attorney Office Y Y 9/13/2006 9:30 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 911412006 1:05 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management 8 Budget 9114!2006 1:59 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9118/2006 2:50 PM Approved By James V. Mudd County Manager Date Board of County County Managers Office 9118/2006 4:42 PM Commissioners Agenda Item No. 17A September 26, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve Petition AVPLAT- 2006 -AR -9422 Louise Penta to disclaim, renounce and vacate the County's and the Public's interest in a portion of a 10' drainage easement lying within lot 1, plat of "Lely Barefoot Beach Unit 2" as recorded in Plat Book 15, Page 71 and 72 of the Public Records Collier County, Florida. OBJECTIVE: To adopt a Resolution to vacate a portion of a 10' drainage easement lying within lot 1, plat of "Lely Barefoot Beach Unit 2" as recorded in Plat Book 15, Page 71 and 72 of the Public Records Collier County, Florida CONSIDERATIONS: Petition AVPLAT- 2006 -AR -9422 Louise Penta has been received by the Engineering Services Department from American Engineering Consultants of Marco Island, Inc., as agent for the petitioner, Penta Louise Petitioner /Owner Letters of no objection have been received from applicable divisions /entities. FISCAL IMPACT: No fiscal impact GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL /ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. Agenda Item No. 17A September 26, 2006 Page 2 of 7 RECOMMENDATIONS.: 1. Adopt the Resolution for Petition AVPLAT-2006-AR-9422 Louise Penta to vacate a portion of a 10' drainage easement lying within lot 1, plat of "Lely Barefoot Beach Unit 2" as recorded in Plat Book 15, Page 71 and 72 of the Public Records Collier County, Florida 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. PREPARED BY: Tonia Leavitt, Operations Analyst, Engineering Services Department Agenda Itern No. 17A September 26, 2006 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17A Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT- 2006 -AR -9422 Louise Penta to disclaim, renounce and vacate the Countys and the Publics interest in a portion of a 10 drainage easement lying within lot 1, plat of Lely Barefoot Beach Unit 2 as recorded in Plat Book 15, Page 71 and 72 of the Public Records Collier County, Florida. Meeting Date: 9/26/2006 9:00:00 AM Approved By John Nouidsworth Engineer Senior En 9 Date Community Development & Engineering Services 0/2912006 8:49 AM Environmental Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 8/2912006 6:58 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 911312006 11:47 AM Environmental Services Environmental Services Admin. Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 9/13/2006 5:53 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management 8 Budget 9/1412006 8:30 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management &Budget 9115/2006 10:49 AM Approved By James V. Mudd County Manager Date Board of County Office County Manager's Office 9115/2006 11:30 AM Commissioners Agenda Item No. 17A September 26, 2 06 Page 4 f 7 RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVPLAT- 2006 -AR -9422, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A 10 -FOOT DRAINAGE EASEMENT LYING WITHIN LOT 1, PLAT OF "LELY BAREFOOT BEACH UNIT 2" AS RECORDED IN PLAT BOOK 15, PAGE 71 -72 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS FURTHER DESCRIBED IN EXHIBIT 'A'. WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioners, American Engineering Consultants of Marco Island and Louise Penta, have requested the vacation of a portion of a ten -foot wide drainage easement lying within Lot 1, according to the plat of "Lely Barefoot Beach Unit 2 ", as recorded in Plat Book 15, Page 71 -72 of the Public Records of Collier County, Florida, and as specifically described in Exhibit 'A'; and WHEREAS, the Board has this day held a public hearing to consider Petitioners request, 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 the property owners; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the utility easements as specifically described in Exhibit 'A' is 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 AND ORDERED 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. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: FRANK HALAS, CHAIRMAN Approved as to form and legal suffi fel � Jek E. tVrfht Ass t t Collier County Attorney a Item No. 17A VACATION OF DRA� EASMEN -T DENRIPTION A PARCEL OF LAND LYING WITHIN LOT 1, PLAT OF "LELY BAREFOOT BEACH UNIT TWO AS RECORDED IN PLAT BOOK 15, PAGES 71 AND 72 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, PLAT OF "LELY BAREFOOT BEACH UNIT TWO " AS RECORDED IN PLAT BOOK 15, PAGES 71 AND 72, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA RUN NO3.14'35 "E ALONG THE WESTERLY LINE OF SAID LOT 1, FOR 38.26 FEET TO THE POINT OF BEGINNING: THENCE RUN N16'08'27 "W FOR 28.03 FEET TO A POINT WHICH IS 10 FEET FROM (AS MEASURED ON THE PERPENDICULAR) THE WESTERLY LINE OF SAID LOT 1; THENCE RUN PARALLEL WITH THE WESTERLY LINE OF SAID LOT 1, N37'02'40 "W FOR 41.81 FEET; THENCE RUN PARALLEL WITH THE WESTERLY LINE OF SAID LOT 1, NO3'14'35 "E FOR 44.98 FEET TO A POINT WHICH IS 10 FEET FROM (AS MEASURED ON THE PERPENDICULAR)' THE WESTERLY LINE OF SAID LOT 1; THENCE RUN N16'08'27 "W FOR 30.13 FEET TO THE POINT OF BEGINNING. BEARINGS BASED ON THE SOUTHERLY LINE OF SAID LOT 1 BEARING S74'51'05 "E (PLAT). CONTAINING 309.7 SQUARE FEET MORE OR LESS. PREPARED -,$Y: AMERICAN,L INEERING CONSULTANTS OF -MAnQ ;I5LA9 D. INC. L.B. #7419 - F THOMAS N4 SERB FOR THE FIRM PRQFESS1OVAC_$VRVEYOR AND MAPPER .STATE OF,Tl, —OH*A REGISTRATION NO. LB 4744 F erican Engineering Consultants of Marco Island, Inc. 1larco Is, Florida 34145 Nwe:(239) 394 -1697 Fox(239) 394 -7571 Date: Ot -31 -08 lob Number: 10376- 001 -01 FieIE Book FlLE Drawing Foe: VACATE —ESMT Page 5 of 7 AVPLAT- 2006 -AR- 9422 REV: 1 PENTA, LOUISE Project: 2006030055ll• 4/03/06 Date: 3/20/06 kxl -k% 'PtT "A 1 OF 2 NOT A SURVEY. SKETCH OF EASEMENT DESCRIPTION = 10' DRAINAGE EASEMENT TO BE VACATED LOT 6 00� O�� 10' P.O.C. SOUTHWEST CORNER LOT 1 Item No. 17A SKETCH OF EASEMENT DESCRIftON01 7 SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST N 3� tP k m A LELY BAREFOOT BEACH UNIT TWO \ (PLAT BOOK 15, PAGES 71 & 72) LOT 1 \ -- PORTION OF DRAINAGE EASEMENT \ (TO BE VACATED) .v 1 W I M 1 a L 0 z I 1 I I / SOL X415 ` fRCY (�H f f 94.89. / LOT 2 L (BAsys of = ARIh io GS) American Engineering Consultants c of Marco island. Inc. ! C5703.Bdd Eagle Dr. Marco Is, naida 34145 Rmc(239) 394-1697 x=(239) 394 -7571 wn By. KAS Dote: 01 -31 -06 Job Number: 10376 - 001 -01 12' D.E. ale: 1'-20' Field Book- Drawing File: VACATE -ESMT 12' REMAIN) .c T 0C, 2 O to � I fi G 9 x t o W J p N I O O 0 �XK��aIY A� 30' LEGEdQ - - P.O.S. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT R - RADIUS A - CENTRAL ANGLE L - LENGTH CB - CHORD BEARING C - CHORD T - TANGENT It — CENTERLINE R/W - RIGHT OF WAY 2OF2 !`- ~� O t- GN � E�a —C � N 47 Q cn (f �,O\co Gv\'F 3wm Ol LAN =� < Pit ; W JI UV" 3LL3,00 .7 30, Doc jigY� I � 6r6N iZ 1 �., oil Ep (~j 0 w F aa aro x 3nma n tl 0 tr—$ a OJT z 0 O U W W J $ GULF OF MEXICO all a F-- zo- Q Z 0 F- J J a CL CL U Q W m F- O O ►r w I n W H m J J r � N LPG M z 6pR� J � n � O Q � U BLVD o Ln (PGJ O� Y V m tD N YU LD �y N J 3 O 7 M n (f �,O\co Gv\'F 3wm Ol LAN =� < Pit ; W JI UV" 3LL3,00 .7 30, Doc jigY� I � 6r6N iZ 1 �., oil Ep (~j 0 w F aa aro x 3nma n tl 0 tr—$ a OJT z 0 O U W W J $ GULF OF MEXICO all a F-- zo- Q Z 0 F- J J a CL CL Agenda Item No. 17B September 26, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt an Ordinance amending Section 74 -202 of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for a change in the time period allowed for requesting an impact fee reimbursement, consistent with limitations set forth by the Florida Statutes. OBJECTIVE: That the Board of County Commissioners (Board) adopt an Ordinance amending Section 74 -202 of Chapter 74 of the Collier County Code of Laws and Ordinances (Code), which is the Collier County Consolidated Impact Fee Ordinance, to provide for a change in the time period allowed for requesting an impact fee reimbursement from ninety (90) days to four (4) years, which is consistent with the limitation period set forth by Section 95.11(3)(m), Florida Statutes. CONSIDERATIONS: On June 24, 2003, the Board of County Commissioners adopted Ordinance No. 2003 -32, amending the Collier County Consolidated Impact Fee Ordinance, and establishing criteria and procedures for reimbursement requests, including the requirement for requests for reimbursements to be submitted within ninety (90) days of the cancellation or revision to the subject building pennit or overpayment of the impact fees. Staff recently received a request for a partial reimbursement of impact fees by a petitioner that had overpaid the subject fees, however, the request was not submitted within the 90 -day timeframe and staff had no option but to deny the request. The County Attorney's Office also reviewed this matter, confirmed staff's opinion that the current provisions of the Code do not allow for administrative reimbursements requested after the 90 -day period described above, but noted that Section 95. l 1(3)(m), Florida Statutes provides for a 4 -year statute of limitations for "An action for money paid to any governmental authority by mistake or inadvertence, " which would arguably give the owner the right to commence a civil action seeking a reimbursement. In cases where impact fees are owed to the County, the County is not required to request payment within 90 -days of the underpayment taking place, and in fact the County has collected impact fees that remained underpaid over several years. Therefore, staff recommends that the Board of County Commissioners amend the current requirements for impact fee reimbursements to provide consistency with the statutory provisions and to better ensure the fair and equitable administration of the impact fee program. GROWTH MANAGEMENT IMPACT: Development is required to contribute its fair share of the cost of providing public facilities necessitated by growth, however impact fees may not be collected in excess of the amount reasonably anticipated to fund such improvements. Therefore, requests for reimbursement of impact fees, within the specified timeframe, that were overpaid, should be returned to the then current owner. Agenda Item No. 17B September 26, 2006 Page 2 of 5 Refund Limitations Page 2 FISCAL IMPACT: There is no fiscal impact related to this request. Additionally, as required by the Code, reimbursement requests in excess of $25,000 must be approved by the Board of County Commissioners. LEGAL CONSIDERATIONS: The proposed changes to Chapter 74 of the Code are legally sufficient for Board consideration and approval. RECOMMENDATION: That the Board of County Commissioners (Board) adopt an Ordinance amending Section 74 -202 of Chapter 74 of the Collier County Code of Laws and Ordinances (Code), which is the Collier County Consolidated Impact Fee Ordinance to provide for a change in the time period allowed for requesting an impact fee reimbursement from ninety (90) days to four (4) years which is consistent with the limitation period set forth by Section 95.11(3)(m), Florida Statutes. Prepared By: Amy Patterson, Impact Fee Manager Business Management and Budget Office, CDES Agenda Item No. 17B September 26, 2006 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS item Number: 17B item summary: Recommendation that the Board of County Commissioners adopt an Ordinance amending Section 74 -202 of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for a change In the time period allowed for requesting an impact fee reimbursement. consistent with limitations set forth by the Florida Statutes. Meeting Date: 9126/2006 9:00:00 AM Prepared By Amy Patterson impact Fee Manager P Date Community Development & Financial Admin. 8 Housing 9/712006 11:05:17 AM Environmental Services Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney Count Attorney Office Y 91712006 1:34 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 9M212006 7:54 PM Environmental Services Environmental Services Admin. Approved By Garrett Mullee Financial Operations Manager Date Community Development & Financial Admin. & Housing 911312006 8:15 AM Environmental Services Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 9/13/2006 9:58 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management &Budget 9/1412006 8:31 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Managers Office office of Management & Budget 911412006 9:35 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/1412006 3:28 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/1412006 7:20 PM Commissioners Agenda Item No, 17B September 26, 2006 ORDINANCE NO. 2006- Page 4 of 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE NINE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE NO. 2001 -13, AS AMENDED, PROVIDING FOR A CHANGE IN THE TIME PERIOD ALLOWED FOR REQUESTING AN IMPACT FEE REIMBURSEMENT, CONSISTENT WITH LIMITATIONS SET FORTH BY THE FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code'); and WHEREAS, on June 24, 2003, the Board of County Commissioners adopted Ordinance No. 2003 -32, amending the Collier County Consolidated Impact Fee Ordinance, and establishing criteria and procedures for reimbursement requests, including the requirement for requests for reimbursements to be submitted within ninety (90) days of the cancellation or revision to the subject building permit or overpayment of the impact fees; and WHEREAS, Section 95.11(3)(m), Florida Statutes provides a four (4) year limitations period for "An action for money paid to any governmental authority by mistake or inadvertence. "; and WHEREAS, when the County discovers that impact fees were underpaid, the Impact Fee Ordinance allows for the County to collect the arrearage from the then - current owner, at any time in the future; and WHEREAS, staff recommends that the current impact fee reimbursement requirements be amended to provide consistency with the statutory provisions and to better ensure the fair and equitable administration of the impact fee program. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II, Impact Fees, Section 74 -202, Payment, subsection (h) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74 -202. Payment. (h) In the event a building permit issued for a development: (i) expires prior to commencement of any part of the development for which the building permit was issued, (ii) is officially cancelled, (iii) is revised after payment of impact fees and the permit's revision results in a reduction in the impact fees applicable for the development, or (iv) results in the impact fees being overpaid due to an incorrect application of the rate schedule, calculation error(s), or prior payment within the same subject property, the then current owner /applicant may within 9Q dayr, nderlined text is added; Stwek- through text is deleted Agenda Item No. 17B September 26, 2006 four (4) years of the expiration of, cancellation of, overpayment for, or approved revision to the Page 5 of 5 building permit, apply for a reimbursement of a portion of or the entire impact fee, depending on the basis for the request for reimbursement. All such requests for reimbursement shall be calculated by applying the impact fee rate schedule that was in effect on the date of the respective building permit application. Failure to make timely application for a reimbursement of the impact fee shall waive any right to a reimbursement. SECTION TWO. CONFLICT AND SEVERASILITY. 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 of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered 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 DA'L'E. 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 Dwight E. Brock, Clerk By: , Deputy Clerk Approved as to form and ileal TA�talnt y: 3efMa County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRANK HALAS, Chairman n ertined text is added; text is deleted Page 2 of 2 Agenda Item No. 17C September 26, 2006 Page 1 of 5 EXECUTIVE SUMMARY Request the Board of County Commissioners to set a public hearing date of December 12, 2006 for consideration of a Development of Regional Impact Development Order amendment for petition DOA - 2005 -AR -8543, Pine Air Lakes, located along the west side of Airport- Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: To set a public hearing date for the Board of County Commissioners (BCC) to consider Petition DOA - 2005 -AR -8543 being an application for a Development of Regional Impact (DRI) amendment for a project known as Pine Air Lakes. CONSIDERATIONS: Collier County has received notification by the Southwest Florida Regional Planning Council staff that the Pine Air Lakes Application for Development Approval Amendment contains sufficient information for review and evaluation and as such requests Collier County to schedule a public hearing as required by Chapter 380.06 (1), Florida Statutes. Compliance with said Florida Statute, requires that the appropriate local government shall give notice and hold a public hearing on the application in the same manner as for a rezoning as provided under the appropriate special or local law or ordinance. The notice shall be published at least 60 days in advance of the hearing and shall specify where the information and reports on the development of regional impact application may be reviewed. Staff suggests the date for this public hearing be set for December 12, 2006. FISCAL IMPACT: There is no fiscal impact generated by this Executive Summary. GROWTH MANAGEMENT PLAN IMPACT: There are no Growth Management Plan issues associated with this petition. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this request to set the public hearing date. Any enviromnental issues will be addressed at the actual hearing. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical /archaeological issues associated with this petition. Aaenda Item No. 17C September 26, 2006 Page 2 of 5 EAC RECOMMENDATION: The Environmental Advisory Council (EAC) did not review this petition because the EAC does not normally hear a notice to set a public hearing date. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) did not review this petition because the CCPC does not normally hear a notice to set a public hearing date. STAFF RECOMMENDATION: That the Board set a public hearing date for December 12, 2006 for consideration of a proposed Development of Regional Impact (DRI) Development Order amendment for petition DOA -2005- AR -8543, Pine Air Lakes. PREPARED BY: Kay Deselem, AICP Principal Planner Agenda Item No. 17C September 26, 20D6 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 170 Item Summary: Request the Board of County Commissioners to set a public hearing dale of December 12. 2006 for consideration of a Development of Regional impact Development Order amendment for petition DOA - 2005 -AR -8543. Pine Air Lakes, located along the west side of Airport - Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road: and along both sides of Naples Boulevard, in Section 11, Township 49 SDuth, Range 25 East, Collier County, Florida. Meeting Date: 9126!2006 9.00:00 AM Prepared By Kay Deselem, AICP Principal Planner Date Community Development & Zoning &Land Development Review 9115!2006 11:06:31 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 9115t2006 3:49 PM Environmental Services Environmental Services Admin. Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstralor Community Development & Community Development & 9116/2006 7:37 AM Environmental Services Environmental Services Admin, Approved By Marjorie M. Student - Stirling Assistant County Attorney Date County Attorney County Attorney ice 911812006 8:19 AM Approved By Ray Bellows Chief Planner Date Community Development & Zoning 8 Land Development Review 9118!2006 8:59 AM "-" Environmental Services Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 911812006 2:49 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office office of Management & Budget 9/18/2006 4:52 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 9/18!2006 7:55 PM Commissioners Southwest Florida Agenda Item No. 7C September 26, 2 06 Council Page 4 15 1926 Victoria Avenue, Fort Myers, Florida 33901 -3414 (239)338 -2550 FAX (239)338 -2560 SUNCOM (239)748 -2550 August 24, 2006 The Honorable Frank Halas Chairman Collier County BOCC 3301 East Tamiami Trail Naples, FL 34112 RE: "Pine Air Lakes Substantial Deviation" Application for Development Approval, DRI # 10 -0506- 170 Dear Chairman Halas: This letter is to provide written notice that the "Pine Air Lakes Substantial Deviation" Application For Development Approval (ADA) contains sufficient information for review and evaluation by the Southwest Florida Regional Planning Council's staff. The purpose of this letter is to request that Collier County schedule a DRI public hearing for the Pine Air Lakes Substantial Deviation ADA DRI. Compliance with Chapter 380.06(1), Florida Statutes requires that the appropriate local government shall give notice and hold a public hearing on the application in the same manner as for a rezoning as provided under the appropriate special or local law or ordinance, except that such hearing proceedings shall be recorded by tape or a certified court reporter and made available for transcription at the expense of any interested party. The Statute also requires: (a) The notice of public hearing shall state that the proposed development is undergoing a development of regional impact review. (b) The notice shall be published at least 60 days in advance of the hearing and shall specify where the information and reports on the development of regional impact application may be reviewed. (c) The notice shall be given to the state land planning agency, to the applicable regional planning agency, to any state or regional permitting agency participating in a conceptual agency review process under subsection (9), and to such other persons as may have been designated by the state land planning agency as entitled to receive such notices. AUG 2 g 2006 ZOt,!'NG DEPARTMEN Agenda Item No. 17C September 26, 2 06 Page 5 f 5 TO: Chairman Frank Halas PAGE: 2 DATE: August 24, 2006 RE: "Pine Air Lakes Substantial Deviation" ADA, DRI # 10- 0506 -170 (d) A public hearing shall be set by the appropriate local government at the next scheduled meeting. Receipt of notice by the Southwest Florida Regional Planning Council officially initiates the statutory review period of fifty days. In order to comply with rules of the Southwest Florida Regional Planning Council relating to DRIB, Chapter 29I-4, Florida Administrative Code, please coordinate with me regarding setting this public hearing. Sincerely, S UTHWES ORID/A REGIO PLANNING COUNCIL 6� Daniel L. Trescott Principle Planner/ DRI Coordinator DLT /dlt cc: LOCAL REVIEW AGENCIES REVIEW AGENCIES APPLICANT