Agenda 10/24/2006 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
October 24, 2006
9:00 AM
Frank Halas, Chairman, District 2
Jim Coletta, Vice-Chairman, District 5
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Fred W. Coyle, Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. 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 ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112,
(239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Michael Harper, Naples Community Hospital
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. September 19,2006 - BCC/Panther Mitigation Workshop
C. September 20, 2006 . BCC/LDC Meeting
D. September 21, 2006 . BCC/Budget Hearings
E. September 21,2006. Value Adjustment Board Special Magistrate Meeting
F. September 26,2006. BCC/Regular Meeting
G. September 27,2006. BCC/Economic Development Council Workshop
H. October 2,2006. BCC/Permitting Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1. Dale Waller, Wastewater
2. John Yonkosky, Utility Billing and Customer Service
3. Stan Litsinger, Jr, PUED
4. Jacinto Cervantes, Parks & Recreation
5. Connie Johnson, Community Development and Environmental Services
B. 25 Year Attendees
1. Francisco Llorca, Road and Bridge Department
2. Dennis Mazzone, Code Enforcement
3. Mary Mehlmouer, Library
4. PROCLAMATIONS
A. Proclamation recognizing October 22.28,2006 as Pastoral Care Week. To be accepted by
Reverend Michael Harper from Naples Community Hospital.
B. Proclamation recognizing October 23 - 31, 2006 as Red Ribbon Week. To be accepted by
Under Sheriff Kevin Rambosk.
C. Proclamation acknowledging The Day of The Red Walk in Collier County. To be accepted by
Craig Greusel, Nina Ribinski and Karey Stewart.
D. Proclamation recognizing Tom Mooney and Jeanette Showalter for their extraordinary efforts
in the clean up of their community lake. To be accepted by Tom Mooney and Jeanette
Showalter.
5. PRESENTATIONS
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6. PUBLIC PETITIONS
A. Public Petition request by David Calandra to discuss inequitable treatment of Collier County
Youth in terms of usage of park facilities.
B. Public petition request by Bobbie Dusek to discuss escalating Insurance rates for Collier
County.
C. Public petition request by Gary Donaho to discuss new CAT bus terminal near residential
developments on Radio Road.
Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 1 :00 p.m. This item requires that all participants be sworn in and ex
parte disclosure be provided by Commission members. Recommendation to consider
adoption of an Ordinance establishing the Falls of Portofino Community Development
District (CD D) pursuant to Section 190.005, Florida Statutes.
B. This item to be heard at 1 :30 p.m. This item was continued from the June 20, 2006 BCC
meeting, the September 12,2006 BCC meeting and the September 26,2006 BCC meeting.
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDA-2005-AR-8832, Creekside West, Inc., represented by D. Wayne
Arnold, AICP, of Q. Grady Minor & Associates, P.A., and R. Bruce Anderson, Esquire, of
Roetzel & Andress, L.P.A., requesting a PUD Amendment to the Creekside Commerce Park
PUD. This amendment proposes to reduce the area of the Creekside PUD by approximately
2.32 acres and rezone the area from Creekside Commerce Park PUD to Naples Daily News
Business Park PUD. The subject property, consisting of 105 acres is located in Section 27,
Township 48 South, Range 25 East, Collier County, Florida. (This application is being
submitted simultaneously with the Naples Daily News Business Park PUD and will be
considered a Fast-Track). (Petitioner's request.) (Companion Item to: PUDZ-2005-AR-8833)
C. This item to be heard at 1 :30 p.m. This item was continued from the June 20, 2006 BCC
meeting, the September 12, 2006 BCC meeting and the September 26, 2006 BCC meeting.
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2005-AR-8833, Collier Publishing Company, Inc. d/bl a Naples
Daily News, represented by D. Wayne, Arnold, AICP, of Q. Grady Minor & Associates, P.A.,
and R. Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., requesting a Business Park
Planned Unit Development (BPUD) rezone from Rural Agricultural (A) and Creekside
Commerce Park PUD for project known as Naples Daily News Business Park Planned Unit
Development (BPPUD). The subject property is located in Section 27, Township 48 South,
Range 25 East, Collier County, Florida. (This is being submitted simultaneously with the
Creekside Commerce Park PUD as a Fast Track). (Petitioner's request.) (Companion Item
PUDA-2005-AR-8832)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Golden Gate Beautification Advisory Committee.
B. Appointment of members to the Emergency Medical Services Advisory Council.
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C. Appointment of member to the Collier County Code Enforcement Board.
D. Appointment of members to the Golden Gate Estates Land Trust Committee.
E. Appointment of member to the Lake Trafford Restoration Task Force.
F. Appointment of member to the Isle of Capri Fire Control District Advisory Board.
G. Appointment of member to the Collier County Airport Authority.
H. The Annual Performance Appraisal for the County Attorney.
I. For the Board of County Commissioners to consider participating in the mediation
procedures with the Clerk of Courts to resolve the current case nos. 04-941-CA, 05-953-CA &
05-1506-CA.
10. COUNTY MANAGER'S REPORT
A. This item was continued from the September 26,2006 BCC meeting. 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)
B. Recommendation to award contract #06-4025, Collier County Sheriffs Special Operations
Building and to approve the necessary budget amendment for the construction of the
Sheriffs Special Operations Facility, project 52002, in the approximate amount of $10,650,000,
the exact amount to be presented at the meeting. (Ron Hovell, Principal Project Manager,
Facilities Management)
C. Recommendation to approve Exhibit E, Amendment #1 to Contract #06-3914, Construction
Management at Risk Services for the Collier County Fleet Facilities with Wright Construction
Corp. in the amount of $ $9,272,741.10 for the Fleet Facility, project 52009, Phase 2 which
includes the construction of the new Fleet Management Department facility and to approve
Change #15 to Contract #02-3422, Professional Architectural Services for New County Fleet
Facility, with Disney & Associates, P.A. to update the rate schedule and include additional
services necessary for construction phase 2 in the amount of $60,885. (Ron Hovell, Principal
Project Manager, Facilities Management)
D. Recommendation to approve Change Order #3 to add $1,390,932.40 for Inspection services to
Johnson Engineering, Inc. under ITQ 04-3583 CEI Services for Collier County Road Projects
for Project No. 600181mmokalee Road Project from Collier Blvd. to 43rd Ave. N.E.
E. Report from the Collier County Health Department and Code Enforcement Department
regarding the initiatives taken to eliminate unsafe and unsound housing in the Immokalee
Community. (Michelle Arnold, Director, Code Enforcement and Dr. Joan Colfer, Collier
County Health Department)
F. This item was continued from the September 26 and the October 10, 2006 BCC meetings.
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 November 1,
2006 and superseding Resolution No. 2006-43 and all other Resolutions establishing license
and fee policy. (Marla Ramsey, Administrator, Public Services)
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G. Presentation to the Board of County Commissioners by the Collier County Transportation
Engineering and Construction Management Department regarding the cost and requirements
associated with converting FPL overhead electrical facilities to underground lines along
county's roadways. (Jay Ahmad, Director, Transportation/ Engineering and Construction
Management and Grover Whidden, Florida Power and Light)
H. Recommendation to approve selection of KCCS, Inc. a Qualified Firm, and award a Contract
under ITN #06-3947 "CEI Services for Collier County Road Projects" for Project No.60001
"Collier Boulevard (CR-951) from US 41 to Main Golden Gate Canal" in the amount of
$3,626,570.00. (Norman Feder, Administrator, Transportation Services and Jay Ahmad,
Director, Transportation/Engineering and Construction Management)
I. Recommendation to award Bid Number 06-4016 for the purchase of Carbon Dioxide and
Sodium Hypochlorite for use by the Water and Wastewater Departments in the estimated
annual amount of $1,000,000. (Jim DeLony, Administrator, Public Utilities)
J. Recommendation to approve a request to operate Sun-N-Fun Lagoon from November 1, 2006
to January 31,2007 on select dates and revise the schedule for February 3,2007 through May
28,2007. (Marla Ramsey, Administrator, Public Services)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board of County Commissioners instruct staff to present a
proposed Ordinance for the Boards consideration at a future date which would amend
Ordinance No. 97-35, as amended, the Collier County Code Enforcement Citation Ordinance,
as codified in Chapter Two, Article IX of the Collier County Code of Laws and Ordinances, in
order to establish an affirmative defense to certain alleged code violations.
B. Recommendation that the Board of County Commissioners review and approve the FY 2006-
2007 Action Plan for David C. Weigel, County Attorney.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
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 Ave Maria Unit 7, Liberty Park,
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
2. Recommendation to grant final approval of the roadway (private) and drainage improvements
for the final plat of Grey Oaks Unit Sixteen. The roadway and drainage improvements will be
privately maintained.
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3. Recommendation to approve for recording the final plat of Mediterra Phase Three East Unit
One Replat of Lot 11, Block A.
4. Recommendation to grant final approval of the roadway (private) and drainage improvements
for the final plat of DeLaSol Phase Two. The roadway and drainage improvements will be
privately maintained.
5. Recommendation to approve final acceptance of the water utility facility for Vanderbilt Beach
Resort.
6. Recommendation to approve final acceptance of the water and sewer utility facilities for
DeLaSol, Phase 3.
7. Recommendation to approve for recording the final plat of Ave Maria Unit 8, Emerson Park,
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
8. Recommendation to approve an Interim Management Plan for the Milano property under the
Conservation Collier Land Acquisition Program.
9. Recommendation to approve the proposed amendment to the current interlocal agreement
between Collier County and the Economic Development Council of Collier County.
10. Recommendation to approve Collier County and the City of Naples Urban County
Cooperation Agreement for the U.S. Department of Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) program and submit the agreement to HUD.
11. Recommendation to approve Collier County and the City of Marco Island Urban County
Cooperation Agreement for the U.S. Department of Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) program and submit the agreement to HUD.
12. Recommendation to approve a continuation of the Conservation Collier Interim Management
Plans for Railhead Scrub Preserve, Otter Mound Preserve, Cocohatchee Creek Preserve and
Malt property to June 2007 to allow for optimal public participation in development of the
Final Management Plans for these Preserves and to coordinate a management agreement
with Rookery Bay National Estuarine Research Reserve for the Malt property.
B. TRANSPORTATION SERVICES
1. Recommendation to approve award of Bid #06-4040, Traffic Operations Signal Components
to multiple vendors (item-by-item basis).
2. Recommendation to approve a change order in the amount of $198,507.00 to CH2M Hill, Inc.
amending contract #05-3774 Gordon River Water Quality Park (project No. 51085)
Engineering Design Contract.
3. Recommendation to approve a budget amendment in the amount of $394 to recognize
additional State Block Grant funds awarded through Florida Department of Transportation.
4. Recommendation that the Board of County Commissioners authorize the County Manager or
his designee to act on behalf of the county as the authority in enforcing Section 337.403 of
the Florida Statutes and ratifying all prior notices issued by the Collier County Transportation
Department related to enforcement of that statute.
5. Recommendation that the Board accept a contribution from The Halstatt Partnership for the
additional plantings along Golden Gate Parkway up to the amount of $101,821.89.
6. Recommendation to approve the purchase of Pre-Cast Box Culvert Sections from Hanson
Pipe & Products for the Fish Branch Creek Box Culvert Extension Project in the amount of
$52,116.96, authorize payment prior to delivery and approve an allocation of a $12,100
storage fee.
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7. Recommendation to (1) award bid #06-4051 Sidewalks/Bike Paths Various Locations for
construction of sidewalks in various locations within Collier County to Quality Enterprises
USA, Inc. in the amount of $691,246.15 and 10% contingency in the amount of $69,124.62 for
a total of $760,370.77 and (2) approve a budget amendment to reflect the amount of funds to
be reimbursed by the Florida Department of Transportation (FDOT) to $367,500 (Project
#690822)
8. Recommendation to award Bid #06-4034 Golden Gate MSTU Sunshine Boulevard Landscape
& Irrigation Installation Project" to Hannula Landscaping, Inc. with a base amount of
$289,460.64 and 10% contingency of $28,946.00 for a total of $318,406.64.
9. Approve a FY07 Budget Amendment in the amount of $150,000 establishing current year
appropriation for remittances to the Southwest Florida Expressway Authority.
C. PUBLIC UTILITIES
1. Recommendation to approve a Donation Agreement and accept an Access Easement from
The Preserve at the Shores at Berkshire Lakes Condominium Association, Inc. to provide
legal access to Lift Station #312 at a cost not to exceed $3,800.
2. Recommendation to convey a Utility Easement to the Water-Sewer District for the
construction and maintenance of a water transmission main on property owned by Collier
County at Goodland Park.
3. Recommendation to approve Work Order # UC-250 under Contract # 04-3535, Annual
Contract for Underground Utilities Contracting Services, to Kyle Construction, Inc. in the
amount of $933,820.00 for construction of fire and irrigation water system improvements at
The Strand in Pelican Bay, Project Number 74023.
4. Recommendation to award Bid Number 06-4017 for annual contract for chlorinator equipment
to Water Treatment Controls, Incorporated for use by the Water and Wastewater Departments
in the estimated annual amount of $500,000.
5. Recommendation to approve an annual membership for County Managers Agency in The
Council of International Visitors in Collier County in the amount of $300, serving a valid
public purpose.
6. Recommendation to approve Work Order ICTSCADA-3916-MAC-06-06 in the amount of
$88,456 to McKim & Creed, P.A. under Annual Contract 06-3916 for SCADA System Upgrades
at the South County Regional Water Treatment Plant, Project 71055.
D. PUBLIC SERVICES
1. Recommendation to approve the submittal of a Florida Boating Improvement Program
Boating Education Grant to the Florida Fish and Wildlife Conservation Commission for the
initial phase of the Marine Resource Conservation Partnership of Collier County Boater
Education Program in the amount of $14,000.
2. Recommendation to approve a budget amendment in the amount of $5,000 to recognize
donations from local community partners to fund senior activities at the East Naples
Community Center Annex.
E. ADMINISTRATIVE SERVICES
1. Award of Bid #06-4048 Quick Copy Services (estimated annual cost of $40,000).
2. Recommendation to award RFP#06-4021 to Insurance and Risk Management Services, Inc.
for Property and Casualty Brokerage Services. (Fiscal Impact $150,000)
3. Recommendation to adopt a resolution approving a change in status of a classification from
exempt to nonexempt under the FLSA and to receive approval from the Board for the
execution of a settlement agreement and release. (Fiscal Impact $7,533.89)
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4. Recommendation to approve Change Order #8 to Contract Number 98-2867 with Schenkel
Shultz Architecture to provide additional services for the Naples Jail, Project Number 52008,
in the amount of $41,900.00 and to recognize a $164,937.60 rebate from FP&L.
F. COUNTY MANAGER
1. Recommendation to approve a $100,000 budget amendment from Fiscal Year 2006 to cover
unexpected salaries/ overtime expense by the Isles of Capri Fire/Rescue.
2. Recommendation to approve a grant application for the 2007 Polaris Ranger All Terrain Utility
Vehicle Grant Program.
3. Recommendation that the Board of County Commissioners approve the Collective
Bargaining Agreement with the Collier EMS/Fire Bargaining Unit, Southwest Florida
Professional Firefighters Local 1826, International Association of Firefighters, Incorporated.
4. Recommend Approval of Change Order # 2 for Contract # 03-3538 with Evans Klages, Inc. for
visitor research services in the amount of $12,000 and authorizing the County Manager or his
designee to execute Change Order # 2 after approval by the County Attorneys Office.
5. Recommendation that the Board of County Commissioners approves a budget amendment
transferring $302,800 from the Pelican Bay Irrigation and Landscaping Capital Fund (322) to
the Uninsured Asset Restoration Fund (133).
G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Halas requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attended the 18th Annual Southwest Florida
Residential Development Snapshot on Thursday, October 19, 2006, at the Naples Elks Lodge
#2010 in Naples, Florida. $65.00 to be paid from Commissioner Halas' travel budget.
2. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner paid in advance to attend the Greater Naples
Leadership Luncheon Seminar on December 4, 2006 and is requesting reimbursement in the
amount of $15.00, to be paid from his travel budget.
3. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner paid in advance to attend the Blue Chip Recognition
Breakfast on November 2, 2006 and is requesting reimbursement in the amount of $10.00, to
be paid from his travel budget.
4. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner paid in advance to attend the Collier Citizen of the
Year 2006 Banquet on November 10, 2006 and is requesting reimbursement in the amount of
$35.00, to be paid from his travel budget.
5. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner paid in advance to attend the American Specialty
Contractors of Florida monthly meeting where he was a speaker on October 12, 2006 and is
requesting reimbursement in the amount of $35.00, to be paid from his travel budget.
6. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner paid in advance to attend the Naples Fishing Club
Christmas Dinner as a Keynote Speaker on December 19, 2006 and is requesting
reimbursement in the amount of $13.00, to be paid from his travel budget.
7. Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Attended the Marco Island Historical Society Site Dedication
Pig Roast on Saturday, October 21st, 2006 at the Marco Island Museum and History Center,
Marco Island, FL.; $15.00 to be paid from Commissioner Fiala's travel budget.
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8. Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Will attend the Southwest Florida Council for Environment
Education Annual Dinner and Auction featuring the 2006 Environment Education Award of
Excellence on Friday, November 17th, 2006, at the Hyatt Regency Coconut Point, Bonita
Springs; $80.00 to be paid from Commissioner Fiala's travel budget.
9. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner paid in advance to attend the One by One Luncheon
on October 12, 2006 and is requesting reimbursement in the amount of $20.00, to be paid
from his travel budget.
10. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner paid in advance to attend the Economic Development
of Collier County Industry and Opportunity Tour - Eastern Collier County on October 27,
2006,2006 and is requesting reimbursement in the amount of $20.00, to be paid from his
travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
K. COUNTY ATTORNEY
1. Recommendation to authorize the making of Offers of Judgment to Respondent, Vision &
Faith, Inc., for Parcels 719, 919, 840, 940, 742, 942, 943 and 843 in the amount of $63,581.00 in
the lawsuit styled Board of County Commissioners v. Vision & Faith, Inc., et al., Case No. 05-
1275-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact:
$51,091.03, if offers accepted).
2. Recommendation to approve a Stipulated Final Judgment for Parcel Nos. 138 & 139 in the
lawsuit styled CC v. Ronen Graziani, et a!., Case No. 06-0548-CA (Santa Barbara Boulevard
Project No. 62081). (Fiscal Impact $40,300.00)
3. Recommendation that the Board Ratify and Authorize the County Attorneys Retention of
Norman W. Thabit, an Expert Witness for the County in Dwight E. Brock, Clerk of Courts v.
Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex-
Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care
Special Taxing District, A/K1A The Ochopee Fire District; Linda T. Swisher and Paul W.
Wilson. Case No. 04-941-CA consolidated with Board of County Commissioners of Collier
County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case
Number 05-953-CA consolidated with Case No. 05-1506-CA; Exempt the County Attorney
from the Purchasing Policy if and to the Extent the Purchasing Policy is applicable and
Authorize the County Attorney to Sign any necessary Retention Documents.
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17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET
THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2)
UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING
COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3)
NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE
COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM.
FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE
SWORN IN.
A. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve Petition AVESMT-2006-AR-9916-
Imperial Wilderness Storage Maintenance Parcel to disclaim, renounce and vacate the
Countys and the Publics interest in that portion of a 65 foot wide drainage easement in the
West one-half of the Southwest Quarter of Section 12, Township 51 South, Range 26 East
Collier County, Florida.
B. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve Petition AVESMT-2006-AR-10083, The
Rookery at Marco to disclaim, renounce and vacate the Countys and the Publics interest in a
portion of a fifteen-foot wide Collier County utility easement as recorded in O.R. Book 1664,
Page 1963, Public Records of Collier County, Florida, and more specifically described in
Exhibit A.
C. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve Petition AVROW-2006-AR-9674 Lucerne
Road to disclaim, renounce and vacate the Countys and the Publics interest in a portion of
Lucerne Road adjacent to Block 115, Golden Gate Portion 4, according to a map thereof, as
recorded in Plat Book 5, Pages 107, ofthe Public Records Collier County, Florida.
D. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Petition SNR-2006-AR-10350, Johnson Engineering, representing
Treviso Bay Development, LLC, requesting a street name change from Treviso Bay
Boulevard to Corso Bello Drive for the southern segment of Treviso Bay Boulevard, which is
located in Section 32, Township 50 South, Range 26 East, legally known as Tract R-2, Treviso
Bay Subdivision.
E. This item was continued from the October 10, 2006 BCC Meeting. Recommendation that the
Board of County Commissioners adopt 1) a Resolution revising the Collier County Water-
Sewer District Utilities Standards Manual and 2) an Ordinance amending the Collier County
Utilities Standards and Procedures Ordinance, Project Number 70202.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY MANAGER'S OFFICE AT 774-8383.
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AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
October 24. 2006
Item 10E: The following to be stated for the record: Funding is being requested to cover the
initial costs for contracted services for the removal of the structures. Property owners will then
be billed for the cost to the County for the work performed plus any administrative fees. If the
property owner fails to pay as invoiced by the County, a lien will be placed on the property for the
specified amount of the bill. This lien also accrues monthly interests. (Staff's request.)
Item 16B1: The following to be stated for the record: The agenda item includes a backup
document that expressly specifies the recommended awardee (i.e.; the lowest, qualified and
responsive bidder) for each line item. Though the summary may not use the words "lowest,
qualified and responsive bidder," that is the intent here. (Staff's request.)
Move Agenda Item 16B4 to 10K: Recommendation that the Board of County Commissioners
authorize the County Manager or his designee to act on behalf of the county as the authority in
enforcing Section 337.403 of the Florida Statutes and ratifying all prior notices issued by the
Collier County Transportation Department related to enforcement of that statute. (Commissioner
Coyle's request.)
Item 17A continued to the November 14. 2006 BCC meeting: Recommendation to approve
Petition AVESMT-2006-AR-9916 Imperial Wilderness Storage Maintenance Parcel to disclaim,
renounce and vacate the County's and Public's interest in that portion of a 65 foot wide drainage
easement in the west one-half of the Southwest Quarter of Section 12, Township 51 South, Range
26 East, Collier County, Florida. (Staff's request. Item not advertised.)
Item 17B continued to the November 14. 2006 BCC meeting: Recommendation to approve
Petition AVESMT-2006-AR-10083, The Rookery at Marco to disclaim, renounce and vacate the
County's and the Public's interest in a portion of a fifteen-foot wide Collier County Utility
easement as recorded in O.R. Book 1664, Page 1963, Public Records of Collier County, Florida,
and more specifically described in Exhibit A. (Staff's request. Item not advertised.)
Item 17C continued to the November 14. 2006 BCC meeting: Recommendation to approve
Petition AVROW-2006-AR-9674 Lucerne Road to disclaim, renounce and vacate the County's and
the Public's interest in a portion of Lucerne Road adjacent to Block 115, Golden Gate Portion 4,
according t a map thereof, as recorded in Plat Book 5, Pages 107, of the Public Records Collier
County, Florida. (Staffs request. Item not advertised.)
NOTE: Item 8C: Please note that this item is being heard today under reconsideration from the
date of its original BCC hearing held on September 12, 2006. At the original hearing, a correction
to an incorrect citation of the LDC regarding building height was read into the record. The staff
has corrected the original staff report for this reconsideration hearing; however, not all printed
versions received the corrected pages. As such, copies of the corrected pages are available in
the County Manager's office. The Board and the County Attorney has the corrected version in
their agenda packet. (Staffs request.)
Time Certain Items:
Item 8A to be heard at 1 :00 p.m.: This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to consider adoption of an
Ordinance establishing the Falls of Portofino Community Development District (COD) pursuant to
Section 190.005, Florida Statutes.
Item 8B to be heard at 1 :30 p.m.: This item was continued from the June 20,2006 BCC meeting,
the September 12, 2006 BCC meeting and the September 26, 2006 BCC meeting. This item
requires that all participants be sworn in and ex parte disclosure be provided by Commission
members. PUDA-2005-AR-8832, Creekside West, Inc., represented by D. Wayne Arnold, AICP, of
Q. Grady Minor and Associates, P.A., and R. Bruce Anderson, Esquire, of Roetzel & Andress,
L.P.A., requesting a PUD Amendment to the Creekside Commerce Park PUD. This amendment
proposes to reduce the area of the Creekside PUD by approximately 2.32 acres and rezone the
area from Creekside Commerce Park PUD to Naples Daily News Business Park PUD. The subject
property, consisting of 105 acres is located in Section 27, Township 48 South, Range 25 East,
Collier County, Florida. (This application is being submitted simultaneously with the Naples Daily
News Business Park PUD and will be considered a Fast-Track). (Petitioner's request.)
(Companion item to PUDZ-2005-AR-8833.)
Item 8C to be heard at 1 :30 p.m.: This item was continued from the June 20,2006 BCC meeting,
the September 12, 2006 BCC meeting and the September 26, 2006 BCC meeting. This item
requires that all participants be sworn in and ex parte disclosure be provided by Commission
members. PUDZ-2005-AR-8833, Collier Publishing Company, Inc. d/b/a Naples Daily News,
represented by D. Wayne, Arnold, AICP, of Q. Grady Minor & Associates, P.A., and R. Bruce
Anderson, Esquire, of Roetzel & Andress, L.P.A., requesting a Business Park Planned Unit
Development (BPUD) rezone from Rural Agricultural (A) and Creekside Commerce Park PUD for
project known as Naples Daily News Business Park Planned Unit Development (BPPUD). The
subject property is located in Section 27, Township 48 South, Range 25 East, Collier County,
Florida. (This is being submitted simultaneously with the Creekside Commerce Park PUD as a
Fast Track). (Petitioner's request.) (Companion Item PUDA-2005-AR-8832).
Item 10G to be heard at 11 :00 a.m. Presentation to the Board of County Commissioners by the
Collier County Transportation Engineering and Construction Management Department regarding
the cost and requirements associated with converting FPL overhead electrical facilities to
underground lines along county roadways.
PROCLAMATION
Agenda Item No. 4A
October 24,2006
Page 1 of 2
,,,,,,,-
WHEREAS, the Collier County Board of County Commissioners is pleased to
join the Pastoral Care Department of the NCH HealthCare
System as it celebrates Pastoral Care Week, October 22 - 28,
2006: and,
WHEREAS, the Pastoral Care Department of the NCH HealthCare System is
staffed by professionals with caring hearts and giving spirits who
are united in their ministry to bring Spiritual care to all men and
women whether they are patients, families, caregivers,
volunteers or staff; and,
WHEREAS, Pastoral Care Week speaks to the deep spiritual concerns of
every person in the deeper meaning of life, finitude,
relationships, disease, healing and faith; and,
WHEREAS, by valuing each individual, pastoral caregivers seek to hope with,
to rejoice with, to suffer with, to believe, and to love each
person with whom they work; and,
WHEREAS, the theme for this year's event, "Pastoral Care: Healing
Humor", underscores the compassion, comfort and hope inspired
by a loving smile and gentle laughter; and,
--
WHEREAS, we commend the members of the Pastoral Care Department of
the NCH HealthCare System for extending themselves in the
service of others at Naples Community Hospital and North Collier
Hospital.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that the week of October 22 - 28,
2006, be designated as
Pastoral Care Week
DONE AND ORDERED THIS 24th Day of October, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
ATTEST:
.-
DWIGHT E. BROCK, CLERK
Agenda Item No 4A
October 24. 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
4A
Meeting Date:
Proclamation recognizing October 22 - 28, 2006 as Pastoral Care VVeek. To be accepted by
Reverend Michael Harper trom Naples Commur'ilty Hospital
10/24/2006 9.00'00 .'IM
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aide to the BCe
Date
Bec Office
10/12/20063:17:37 PM
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
Bce Office
10112120063:39 PM
App roved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10112120063:54 PM
PROCLAMATION
Agenda Item No. 48
October 24, 2006
Page 1 of 2
,..---
WHEREAS, the Substance Abuse Coalition of Collier County recognizes that
alcohol, tobacco and other drug abuse in this nation has reached
epidemic: and,
WHEREAS, it is imperative that visible, unified prevention education efforts
by community members be launched to eliminate the demand for
drugs: and,
WHEREAS, the Substance Abuse Coalition is offering citizens the opportunity
to demonstrate their commitment to drug-free lifestyles (no use
of illegal drugs, no illegal drugs, no illegal use of legal drugs):
and,
WHEREAS, the National Red Ribbon Campaign will be celebrated in every
community in America during "Red Ribbon Week," October 23 -
31, 2006: and,
WHEREAS, Governor and Mrs. Bush are the Florida Red Ribbon Honorary
Chairpersons: and,
--
WHEREAS, business, government, parents, law enforcement, media, medical,
religious institutions, schools, senior citizens, service
organizations, and youth will demonstrate their commitment to
healthy, drug- free lifesty/es by wearing and displaying Red
Ribbons during this week-long campaign: and,
WHEREAS, the State of Florida further commits its resources to ensure the
success of the Red Ribbon Campaign.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that October 23 - 31, 2006, be
designated as
"Red Ribbon Week" in Collier County, Florida
DONE AND ORDERED THIS 24th Day of October, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
ATTEST:
-
DWIGHT E. BROCK, CLERK
Agenda Item No. 48
October 24. 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
48
Meeting Date:
Proclamation recognizing October 23 - 31 2006 as Red Ribbon Week, To be accepted by
Under Shenff Kevin Rambosk
10/24/2006 9:0000 AM
Prep. red By
Paula Springs
Board at County
Commissioners
Executive Aide to the BCe
Date
BCC Office
10/12/20063:27:55 PM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
Bec Office
10/12/20063:38 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/12120064:00 PM
,,_.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
c_
WHEREAS,
PROCLAMATION
Agenda Item No. 4C
October 24,2006
Page 1 of 2
The Red Walk is an established provider of one-to-one youth involvement
addressing the importance of dNg awareness for the past seven years and,
The Red Walk provides adult mentors to thousands of children in Collier County's
public and privote schools and,
The Red Walk was developed as part of the Red Ribbon Activities established
by the t>Ng Awareness Coalition of Collier County, as well as the Collier County
Public School System, in association with national t>Ng Awareness Activities
presented between October 23-31, 2006 and,
national research has shown that the positive messages supported by drug- free
activities help form strong bonds between youth and their communities leading
to a direct, measurable, and lasting impact on children's lives, and that these
children are more likely to improve their grades and
their relationships with families and peers, while being less likely to skip school,
use illegal dNgs or alcohol, or become involved in criminal activity; and,
locally, The Red Walk has been bringing caring adults and community
organizations into the lives of children for seven years and is the only dNg
awareness walking program in Southwest Florida, and,
supporting The Red Walk's message of total community involvement in using the
Arts as a positive outlet for a healthy and dNg-free lifestyle in Florida's on-
going effort to recNit and match caring adult mentors with children in our
community is an investment that wiff pay immediate dividends as well as
dividends in the future: and,
on Friday, October 27, 2006, The Red Walk wiff host its annual trek on the
campus of Lely Elementary School from 8:30 a.m. to 11 ;~O a.m.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of
Collier County, Florida, that October 27, 2006, be designated as
The Day of The Red Walk in Collier County
DONE ANt> ORt>EREt> THIS 24th t>ay of October, 2006.
ATTEST;
BOARt> OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIt>A
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
-
,_.-------- ~ -'-'~"'...._<-"._---- -<-_.._._,-,,~.-
Aoenda Item No. 4C
- October 24. 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
4C
Meeting Date:
Proclamation acknowledging The Day of The Red Walk In Collier County To be accepted by
Craig Greusel, Nina RibinsKI and Karey Stewart
1012412006 9:0000 AM
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aide to the Bee
Date
BCC Office
10/13/20064:54:55 PM
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
BCC Office
10/16/20069:29 AM
App roved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/16/2006 11 :20 AM
PROCLAMATION
Agenda Item No. 40
October 24,2006
Page 1 of 2
~-
WHEREAS, Tom Mooney and Jeannette Showalter started the quest for
cleanup on their community lake located between 107"h and 1 osth
Streets in North Naples over two years ago: and,
WHEREAS, through their diligence, persistence and hard work they were
both instrumental in getting a Municipal Service Benefit Unit
through the Board of County Commissioners and organizing their
neighborhood for the support of their efforts for assistance in
the cleanup of this lake: and,
WHEREAS, Tom and Jeannette have both gone above and beyond the call of
duty in their effort to clean up the lake. They both have
contributed hundreds of hours of their own time to personally
clean up the lake and have both donated their personal funds to
get this accomplished. Together they are responsible for
removing over 25,000 tons of re-growth from the lake as well as
miscellaneous debris in their quest to restore the lake to its
original beauty: and,
WHEREAS, Tom and Jeannette have spearheaded the efforts to take an
eyesore and turn it into a remarkable lake for the enjoyment of
their community, never giving up on the project and fol/owing it
through to the end: and,
-
WHEREAS, their combined volunteer efforts have shown great community
service for this entire project.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that
Tom Mooney and Jeannette Showalter
be recognized for their ongoing service to the community and we
thank them for their hard work and interest in this project.
DONE AND ORDERED THIS 24th Day of October, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
..-
ATTEST:
DWIGHT E. BROCK, CLERK
Agenda Item No. 4D
October 24. 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
40
Item Summary:
ProclamatIOn recognizing Tom Mooney and Jeanette Showalter for their extraordinary efforts
In the clean up of their community lake To be accepted by Tom Mooney and Jeanette
Showalter
10/24/200690000 AM
Meeting Date:
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aide to the BCe
Date
BCG Office
10/131200610:09:40 AM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of Gounty
Commissioners
BCG Office
10/131200610:40 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/13/2006 3: 18 PM
Agenda Item No.6A
October 24,2006
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 . Fax (239) 7744010
September 21, 2006
Mr. David Calandra
1095 Business Lane, Suite #3
Naples, FL 34110
Re: Public Petition Request to Discuss Inequitable Treatment of Collier County Youth in
Terms of Usage of Park Facilities
Dear Mr. Calandra:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of October 24. 2006 regarding the above referenced
subject.
-
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore. your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
~~re~,
-~
James V.'MUd~
County Manager
JVM/jb
cc: David Weigel, County Attorney
Marla Ramsey, Public Services Administrator
,-
- ")dinejudi
Agenda Item tfdl:~l of 1
October 24, 2006
Page 2 qf 2
I
From: muddj
Sent: Thursday, September 21, 2006 9: 15 AM
To: 'Davidrrica Sport Leather'
Cc: bodinejudi; brock_m
Subject: RE: Request for Public Petition RE: Equitable Usage of Park and Recreational Facilities
Mr. Calandra,
A letter from me confirming your request will be forthcoming.
Sincerely,
Jim Mudd
From: Davidmca Sport Leather [mailto:davld@ticasport.com]
Sent: Thursday, September 21,20068:18 AM
To: mudd.J
Cc: robd@ropsalons,comi bzino@pbscontractors.com
Subject: Request for Public Petition RE: Equitable Usage of Park and Recreational Facilities
!
James Mudd, *
various e-mails and conversations with Commissioner Halas regarding the inequitable treatment of Collier County y uth in
Ie, ms of usage of park facil"ies. Commissioner Halas suggested that the imporlance of this issue necessitated that It be · ard
before the Board at a future meeting. !
My specific concern is the limited and inadequate baseball facilities that the 12 and under youth are granted usage of, whi e adult
softball and soccer fields dominate play and/or projected play at Veteran's Park, Vineyard's Park and the New North Napl s
Regional Park. The proverbial breaking of the camel's back with the Park and Recreation's position that Collier County yo th
would not receive any additional field at Veterans, when the regional park's softball fields open, unless adult softball chos to give
them up.
On behalf of The Board for North Naples Little League, I respectfully request that we be placed on the agenda for the Oct ber 24.
2006 Meeting. Commissioner Halas had indicated that such request could be made in the form of an e-mail as indicated rein;
however, if such requires certified mail or an appearance at your office, I would be more than happy to comply.
Thank you for your attention to this matter. While after schools athletics may not be a complete panacea for the problems
dangers our youth face today, I do believe they provide a necessary foundation. It is my contention that Parks and Recre
not account for the large influx of boys in that 5 to 15 age group when they planned the park. If the county continues to in
its school base, it is imperative that after school athletics move at the same pace.
David Calandra
(239) 593-3950 (0)
(239) 593-3953 (f)
(239) 898-9053 (c)
9/21/2006
-
Agenda Item No. 68
October 24, 2006
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples, Florida 34112 . (239) 774-8383 . Fax (239) 774-4010
October 11 , 2006
Ms. Bobbie Dusek
963 Fountain Run
Naples, FL 34119
Re: Public Petition Request to Discuss Escalating Insurance Rates for Collier County
Dear Ms. Dusek:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of October 24, 2006 regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
offi ce.
arelY,
~~
James V. Mudd
County Manager
JVM/jb
cc: David Weigel, County Attorney
'.,..,. '_."~.~.,.-",,,, ,...,-.-.._.._...._........_......, .".."....'_...M..."....,......~.._ _,__,,~. ....h'
10/10/06 13:09 FAX 2395980028
JOHN R WOOD ORION
Agenda ~eO~lJo. 68
October 24,2006
Page 2 of 2
"
Reauest to Speak under Public Petition
Please print
Name:
&bbie.. "DL>~
Address:
qll~ rnuntailf\ l{un
Phone:
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\t ....0 01 (0)
Date of the Board Meeting you wish to speak:
Please explain In datal/the reason yOU are reauestlna to s~eak (attach additional
. page if neceSlary):
~e. ~U~ fonn'Ud a. 5(a~ J~ ~t'1
(').~V""~~ ~~ie~r"ldh~ rn~umVlc:.t.>
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Please explain in detsilthe action you are askina the Commission to take (attach
additional oace if neceSsary):
We. w~ulcL1.iK~ ~ enf~ -+he:. ad:l~. ~.o~
of-fhe.. ~~f- ('~uV)~m"'l~r~,.~ a~ u~
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Requeal Form.doc
..-.
Agenda Item No. 6C
October 24, 2006
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010
October 12, 2006
Mr. Gary Donaho
7891 Sanctuary Circle #2
Naples, FL 34104
Re: Public Petition Request to Discuss New CAT Bus Terminal Near Residential
Developments on Radio Road
Dear Mr. Donaho;
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of October 24, 2006 regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting,
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concem and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon 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.
Sin~re;, ??/4
Qmes V. Mudd
County Manager
JVM/jb
cc; David Weigel, County Attorney
Norman Feder, Transportation Services Administrator
"-
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ReQuest to Speak under Public Petition
Agenda Item No. 6C
REC~ COgNW~ijW~FICe
,
-".~...,,"-
Please print
OCT 1 2. 2006
Name: /' 'A
l%/lR. 'I ~/l/A-If 0
Address: ~ JJ
'1811 ~AAJCTuMy 0e 11;2
I
N I+P I G 5 I fL- 2; '-i ( 0 1
Phone: I+M- ~a9):3 0'-1- () ~ r1/ tyFF - p..31) 5'30 - q 6 7/
I (!) -;).4 -;:}O{)&:,
ACT/~:'!J
FILE
Date of the Board Meetino yOU wish to speak:
Please exolain in detail the reason yOU are reouestina to soeak (attach additional
paoe if necessary):
. " II if
(!Jf+.:T ECT/() It f. 10 Hlfl./I II '7 rifE /II tF" aJ c/l-r
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(JY7 !?AlJro ~I}-b ~ '
Please explain in detai/the action yOU are askina the Commission to take (attach
additional paoe if necessary):
Ai>>j/JJ
H:\Public Petition Request Form.doc
Agenda Item No. 8A
October 24, 2006
Page 1 of 85
,.......
EXECUTIVE SUMMARY
Recommendation to consider adoption of an Ordinance establishing the Falls of Portofino
Community Development District (CDD) pursuant to Section 190.005, Florida Statutes.
OBJECTIVE:
The objective of this public hearing is for the Board to review and consider a petition for the
establishment of the Falls of Portofino Community Development District (CDD) by adoption of
an ordinance.
CONSIDERATIONS:
On December 13, 2005, Prime Homes at Porto fino Falls, L TD, a Florida Limited Partnership
("Petitioner"), hereby filed a petition with Joseph K. Schmitt, Administrator, Community
Development and Environmental Services Division, for the establishment of the Falls of
Porto fino Community Development District. A mandatory $15,000 application fee was
submitted with the petition.
A hold was placed on the CDD petition due to 20 acres of property which is to be included
in the CDD, and is pending a Rezone, submitted under AR-7422, which has been placed on
hold, due to an unrelated issue. Therefore, the applicant has now requested that the CDD
petition go forward, noting to include the 20 acres of yet-to-be rezoned property, should it
be approved and made a part of the Wolf Creek PUD.
The County Attorney's Office (COA) has opined that this CDD petition can be adopted
even though 20 acres of the land in the proposed CDD is still the subject of a proposed
rezoning. Although this action may be legally sufficient per Chapter 190 Florida Statutes,
Comprehensive Planning Department staff has concerns that this action approving the
CDD with the 20 acres is problematic from a growth management perspective. It could be
construed that the approval of the CDD inclusive of the 20 acres would be setting the initial
framework for approving the prospective rezoning of the subject 20 acres. This perception
by affected parties opposed to the rezoning, if any, could be construed as depriving any
objector of due process in the rezoning public hearing. Please note that the action taken by
the Board will be a policy decision considering that the CAO has opined that the Board can
take action approving the CDD with the subject 20 acres.
The proposed District is located entirely within Collier County, Florida and covers 68.39::t. acres
of land. The site is located in Section 34, Township 48 South, Range 26 East. A map showing
the location of the land area to be serviced by the District, as well as a metes and bounds
description of the proposed CDD, appears as Exhibits "1 & 2" to the petition. The landowner's
consent to the establishment of the proposed CDD appears as Exhibit "3" of the petition.
",~
Agenda Item No. 8A
October 24, 2006
Page 2 of 85
The CDD is comprised of approximately 68.39:i: acres, a portion of previously approved Planned
Unit Development (PUD) known as "Wolf Creek". A total number of 490 residential units will
be constructed within the District.
By adopting the ordinance and granting the petition, the Board of County Commissioners would
authorize the District, through its Board of Supervisors, to manage and finance certain basic
infrastructure for the benefit of the landowners and residents of the Falls of Porto fino
Development. This infrastructure, under section 190.012(1), Florida Statutes, includes basic
urban systems, facilities and services, including water supply, sewers and wastewater
management, surface water control and management (drainage), and roads, bridges and street
lights. If adopted, this ordinance would constitute consent by the County to the exercise of
certain additional special powers authorized by Section 190.012(2), Florida Statutes. These
powers may include the operation of parks and facilities for indoor and outdoor recreational,
cultural, and educational uses, as well as security, including, but not limited to, guard-houses,
fences and gates, electronic intrusion-detection systems, and patrol cars, with certain exceptions.
In order to gain these additional powers, the newly created District Board would need to further
petition the Board of County Commissioners at a later date.
The District Board of Supervisors is initially elected for the first six years of the duration of this
district in a property-based election (one-acre, one-vote), which has been specifically ruled
constitutional (State of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455
(Fla. 1985)). By operation of law, in time, the Supervisors are elected on a one-person, one-vote
basis.
In order to provide the basic systems, facilities and services, the District has certain management
and financing powers. It may only exercise those powers, however, if they comply with certain
strict and detailed procedural requirements including ethics in government, disclosure, conflict of
interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and
reporting requirements to various local and state agencies, consultants' competitive negotiation
procedures, competitive bidding procedures and others.
-"','.-.....
The adoption of the CDD ordinance does not constitute a form of development approval.
Adoption of the CDD and compliance with these many procedural requirements does not,
in any way, allow the District to manage and finance any of these services and facilities
without showing that all legitimate policies, constraints, authorities, controls, permits or
conditions on the development of the land, whether local, regional, state or federal in
nature, and whether in the form of policies, laws, rules, regulations or ordinances, have
been complied with concerning development of the property. In essence, adoption of the
CDD ordinance does not exempt the petitioner from compliance with any applicable local,
regional, state or federal permitting or regulatory processes. In this sense, the Community
Development District is merely a mechanism to assure the County and the landowners of
the district that the provision of infrastructure and services for thePUD is managed and
financed in an efficient and economical way. Finally, in order to prevent potential abuses
of districts by landowners or by other local governments, the Legislature has provided that
the charter of the District, in the general statute itself, may be amended only by the
Legislature.
2
Agenda Item No. SA
October 24,2006
Page 3 of 85
In order to provide these systems, facilities and services, the District also is given certain
eminent domain powers within tight constraints as well as the authority to require service
charges, fees or taxes for the various services rendered, ranging from installation of capital
facilities to long-term maintenance and repair. Without the County's consent, by resolution, the
aforementioned eminent domain power is limited to the boundaries of the District.
The District may also issue revenue and other user bonds as well as general obligation bonds.
However, no general obligation bonds can be issued without a referendum and without showing
that the bond will not exceed 35 percent of the assessed valuation of the property within the
District. Even with these safeguards and constraints, during the first six years of the District's
existence, the board of supervisors shall not issue general obligation bonds unless the board first
holds elections on a one-person, one-vote basis for a new board of supervisors.
Accordingly, if Collier County adopts the ordinance, then it establishes the Falls of Portofino
Community Development District as a management tool to benefit both Collier County's existing
and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible
service provision without burdening the existing taxpayers and financial structure of Collier
County. In addition, the District is also a financing tool off the balance sheet of the County and
the developer. It will provide long-range and sustained quality service to initial and subsequent
landowners without burdening Collier County and its taxpayers.
Finally, such a District may not outlive its practical utility and usefulness. If it ceases to
function, it will automatically be disbanded by state law. If at any time during its existence
Collier County determines by a non-emergency ordinance that it can provide anyone of the
district services in a more economical manner, over the long term, at lower cost but with higher
quality, Collier County may then take that service away from the District and provide the service
itself.
Section 190.005, Florida Statutes provides that the exclusive and uniform method for
establishment of a CDD of less than 1,000 acres shall be by county ordinance. Section 190.005,
Florida Statutes outlines the specific content required in the petition and further outlines six (6)
factors for the Board of County Commissioners to consider in detern1ining whether to grant or
deny a petition for the establishment of a CDD as follows:
1. Whether all statements contained within the petition have been found to be true
and correct.
2. Whether the creation of the District is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the District.
3
Agenda Item No. SA
October 24,2006
Page 4 of 85
5. Whether the community development services and facilities of the District will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the District is amenable to separate
special-district government.
County legal, planning, transportation and public works staffs have reviewed the petition and
exhibits submitted by the petitioners (attached) relative to these six (6) factors and have found
the proposed Falls of Portofino CDD petition to be compliant with each of the six (6) review
factors. Staff analysis relative to the six factors can be found in Attachment 2.
FISCAL IMPACT:
As previously noted, a $15,000 filing fee was submitted with the petition. Exhibit "8 & 9" of the
petition, "The Falls of Portofino" Community Development District Proposed Timetable and
Estimated Costs of Construction" delineates the fiscal impacts and timing of impacts to be
managed by the District. It is noteworthy that the estimated internal infrastructure and services
to be financed by the CDD is $7,750,000 consisting of roadway and utilities construction, water
management, landscaping, lighting, signage, environmental mitigation and contingency costs.
Utilities will eventually be turned over to Collier County.
DISTRICT RESPONSIBILITIES:
According to the petition, the Falls of Portofmo Community Development District, if the
ordinance is adopted, will assume responsibility for the following:
(I) General development of the approved uses within the District;
(2) Roadways;
(3) Street Lights, landscaping and signage;
(4) Stormwater Management;
(5) Water & Sewer Utilities;
(6) Environmental Mitigation; and
(7) Other matters related to the above tasks.
GROWTH MANAGEMENT IMPACT:
The 68.39=t acres of the Falls of Portofino CDD are designated Urban - Mixed Use District,
Urban Residential Subdistrict, on the Collier County Future Land Use Map. Although the
establishment of this district does not constitute any development approval, the plan of
development previously approved for the subject property has been determined to be consistent
with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for
rezone or development permits will be subsequently reviewed at the time of submittal, and will
be subject to the requirements and limitations specified in the Collier County Land Development
Code (LDC), and will be required to be consistent with the GMP in effect at that time. It should
be noted that if the Board chooses to adopt the subject ordinance which includes the 20 acres
subject to a proposed rezone, that this action does not constitute any indication that the BCC will
4
Agenda Item No. 8A
October 24, 2006
Page 5 of 85
approve the subject rezone, and the Board reserves the right to deny the prospective rezoning for
the 20 acres after due consideration during the future rezoning public hearing.
LEGAL CONSIDERATIONS:
"If adopted by the Board of County Commissioners, the subject Ordinance would establish a
Community Development District (CDD) and a District Board of Supervisors. The purpose of
establishing a COD, as per Chapter 190, Florida Statutes, is to establish an independent special
district as an alternative method to manage and finance basic services for community
development." The primary purpose of a COD is to provide a long-term financing mechanism
for the subject development through:
1. Assessments
2. Ad Valorem Taxation
3. Issuance of Bonds
Creation of a COD provides assurance that the capital infrastructure improvements necessary in
the District are funded by bond investors and subsequent purchasers of the parcels in the District.
The proposed COD will be receiving sanitary sewer, potable water, and solid waste removal
services from the Collier County Utilities Division and will have to enter into one or more
interlocal agreements with Collier County, for such purposes.
RECOMMENDA TION:
Staff recommends that the Board consider one of the three (3) following alternative
recommendations as a matter of policy.
1) Recommend that the Board of County Commissioners adopt and enact the proposed
ordinance establishing the Falls of Porto fino Community Development District, including
the entire 68.39 acres.
2) Recommend that the Board of County Commissioners continue this item to the meeting
where the proposed rezoning will be considered by the Board.
3) Recommend that the Board of County Commissioners adopt and enact the proposed
ordinance establishing the Falls of Portofino Community Development District with the
caveat that the 20 acres proposed for rezoning be removed from the petition and
considered for inclusion in the District at a subsequent date if the proposed rezoning is
approved. This action will require the applicant to submit an application to amend its
COD after the rezoning is considered assuming approval by the Board.
Prepared by: Marcia R. Kendall, Senior Planner,
Comprehensive Planning Department
5
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8A
October 24, 2006
Page 6 of 85
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
SA
This Item to be heard at 1:00 p,m This item requires that all participants be sworn in and ex
parte disclosure be provided by Commission members Recommendation to conSider
adoption of an Ordinance establishing the Falls of Portofino Community Development District
(COD) pursuant to Section 190.005, Flonda Statutes.
10/24/2006 90000 AM
Date
Prepared By
Marcia Kendall
Community Development &
Environmental Services
Planner
Comprehensive Planning
10/5/2006 7:59:26 AM
Approved By
Date
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10/10/2006 1 :21 PM
Date
Approved By
Donald L. Scott
Transportation Services
Transportation Planning Director
Transportation Planning
10/10/20065:05 PM
Date
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
10/11/20068:42 AM
Approved By
Randall J. Cohen
Community Development &
En....ironmental Services
Commuinty Planning and
Redevelopment Manager
Date
Comprehensive Planning
10/12/20067:43 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/121200612:43 PM
Date
Approved By
OMS Coordinator
CountY' Manager's Office
Administrative Assistant
Office of Management 8. Budget
10/12/20062:47 PM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
10112/20063:25 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/12/20066:14 PM
SUBJECT
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Agenda Item No. 8A
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SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
FALLS OF PORTOFINO
C.D.D.
PROJECT LOCATION MAP
EXHIBIT "1"
Agenda Item No. 8A
October 24,2006
Page 8 of 85
ATTACHMENT 2
STAFF ANALYSIS RELATIVE
TO THE SIX (6) FACTORS
FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION
FOR "Falls of Portofino" COD
Back2:round:
Section 190.005, Florida Statutes, outlines the specific content required in a Community
Development District (CD D) petition and further outlines six (6) factors for the Board of County
Commissioners to consider in determining whether to grant or deny a petition for the
establishment of a CDD, as follows:
1. Whether all statements contained within the petition have been found to be true
and correct.
2. Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the district is amenable to separate
special-district government.
Comprehensive Planning staff has reviewed the six factors referenced above and makes the
following findings with regard to the proposed "Falls of Portofino" Community Development
District:
1. Whether all statements contained within the petition have been found to be true and
correct.
Comprehensive Planning Department staff, along with the staffs of the County Attorney's Office,
the Utilities Engineering Department and the Transportation Planning Department, has reviewed
the referenced Community Development District petition. Based upon the review of the petition
and sufficiency information, staff believes that the information found within these documents is
substantially true and correct.
Agenda Item No. SA
October 24,2006
Page 9 of 85
2. Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
The 68.39:l:: acre portion of the P.D.D. is designated Urban Residential Subdistrict, on the Collier
County Future Land Use Map. The proposed COD would be a unit of local government
established specifically for the purpose of carrying out the approved Master Development Plan
and commitments of the Falls of Portofino Development. The COD does not authorize any form
or amount of development not previously approved by the Board of County Commissioners.
Therefore, staff finds that the establishment of the COD is consistent with the Collier County
Growth Management Plan.
As to consistency with the State Comprehensive Plan, the County staff notes that the COD
process is established within Section 190 of the Florida Statutes. The petitioner has not deviated
from the standard process, as established by the Statute. Section 187.201, Florida Statutes,
contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for
Governmental Efficiency, which reads as follows:
" Goal. --Florida governments shall economically and efficiently provide the amount and
quality of services required by the public."
Policy 2 within this goal area reads as follows:
"2. Allow the creation of independent special taxing districts which have uniform
general law standards and procedures and do not overburden other governments and their
taxpayers while preventing the proliferation of independent special taxing districts which do not
meet these standards."
As an "independent special taxing district", the proposed COD IS consistent with the State
Comprehensive Plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
The proposed Falls of Portofino Community Development District, if approved, would be near
the size range of other COOs within Collier County. The closest being Pine Air Lakes COD
comprised of approximately 149.9 acres, and the Key Marco/Horr's Island COD comprised of
approximately 174 acres in size. Based upon previous experience and the subsequent success of
other Collier County COOs, Comprehensive Planning Department staff believes that the Falls of
Portofino Community Development District meets the above criteria, only if the 20 acres
pending rezone is approved and made part of the Wolf Creek PUD, as noted within the
Executive Summa/Yo Otherwise, absent the 20 acres in the CDD, the area under consideration
would definitely not be compact and would not be contiguous. Comprehensive Planning staff
has reservations regarding this particular criterion and its affect 011 the prospective rezoning
2
Agenda Item No. SA
October 24, 2006
Page 10 of 85
where due process for affected parties could be adversely affected if objections are
forthcoming. However, this determination is a matter of policy to be determined by the Board.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
As noted within Exhibit 10 of the CDD petition, there are numerous alternatives available for the
provision of infrastructure and services by and for an approved development. These include, but
are not limited to the following: private funding procured by the developer; establishment of a
homeowners association; establishment of a Municipal Services Taxing Unit (MSTU);
establishment of a Municipal Services Benefit Unit (MSBU); establishment of a Community
Improvement District (limited to drainage and irrigation related improvements); establishment of
a County-managed special purpose district; or, direct County management. All of these
alternative options have various legal, financial or other limitations on their operations or do not
provide a focused, compact approach to the provision of infrastructure and services. Therefore,
staff finds that establishment of the proposed CDD is the best alternative available for delivering
community development services and facilities to the area that will be served by the proposed
district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
The proposed CDD cannot develop any facilities and services that are incompatible with the
surrounding area. This is because the CDD's sole purpose is to implement conditions and
developer commitments that were part of the original P.U.D. approval. The District Board of
Supervisors will not have the legal authority to implement any facilities, services or development
that would be inconsistent with its existing development approvals.
6. Whether the area that will be served by the district is amenable to separate special-
district government.
Based upon staff findings concerning the previous five criteria, Comprehensive Planning
Department staff finds that the subject area for the proposed CDD is amenable to special district
government. Furthermore, staff recommends that the Board of County Commissioners adopt the
Ordinance, as contained in Attachment 1, establishing the Falls of Portofino Community
Development District.
3
Aaenda Item No. SA
~ October 24, 2006
Page 11 of 85
BEFORE THE COUNTY COMMISSION
OF COLLIER COUNTY, FLORIDA
INRE:
AN ORDINANCE TO ESTABLISH THE
FALLS OF PORTOFINO C01\.1MUNITY DEVELOPMENT DISTRICT
PETITION
PRIME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership
("Petitioner"), hereby submits this Petition to the Board of County Commissioners of
Collier County, Florida, pursuant to the Uniform Community Development District Act
of 1980, Chapter 190, Florida Statutes, to establish a Community Development District
with respect to the land described herein. In support of this Petition, Petitioner states as
follows:
1. Location and Size. The proposed District is located on the north side of
Vanderbilt Beach Road (C.R. 862) in unincorporated Collier County, Florida, and
contains approximately 68.39 acres. Exhibit 1 depicts the general location of the project.
The metes and bounds description of the external boundcmes of the District is set forth in
Exhibit 2.
2. Landowner Consent. Attached hereto as Exhibit 3 and made a part hereof
is the written consent of the owner of 100% of the real property to be included within the
District.
3. Name. The proposed name of the District to be established is Falls of
Portofino Community Development District (the "District").
4. Initial Board Members. The five persons designated to serve as initial
members of the Board of Supervisors of the proposed District are as follows:
Name: Linda Socolow
Address: 21218 St. Andrews Blvd.
Suite 510
Boca Raton, Florida 33432
[00002843 DOC v J)
. ----AgemJa-lrem-No-_&A-.------ -
October 24, 2006
Page 12 of 85
Name: Loraine Vanella
Address: 21218 St. Andrews Blvd.
Suite 510
Boca Raton, Florida 33432
Name: John Nelson
Address: 21218 S1. Andrews Blvd.
Suite 510
Boca Raton, Florida 33432
Name: Joanna Fish
Address: 21218 S1. Andrews Blvd.
Suite 510
Boca Raton, Florida 33432
Name: Laura Cadiz
Address: 21218 St. Andrews Blvd.
Suite 510
Boca Raton, Florida 33432
All of the above listed persons are residents of the State of Florida and citizens of
the United States of America.
5. Existing_.Land Uses. The existing land uses within and abutting the
proposed District are depicted in Exhibit 4. The adjacent property to the west is zoned
PUD and consists of Residential. The adjacent property to the east is zoned PUD and
consists of Residential/Commercial. The adjacent property to the north is zoned PUD
and consists of Residential. The lands within the proposed District are zoned PUD on the
Future Land Use Plan Map.
6. Future Land Uses. The future general distribution, location and extent of
the public and private land uses proposed within the District are shown on Exhibit 5.
These proposed land uses are consistent with the state comprehensive plan and Collier
County Comprehensive Plan. The proposed development of the lands within the District,
as approved by Collier County Ordinance No. 2003-45 (the "Wolf Creek PUD
Ordinance") contemplates the construction of approximately 591 residential units on
100002843.DOC vi 11/28/2005 08:53 AJ"v!)
2
Agenda Item No. 8A
October 24. 2006
Page 13 of 85
147.69 acres. The land within the District will consist of approximately 49 acres already
included within the Wolf Creek PUD and approximately 20 acres of contiguous land
currently being rezoned to PUD and included within the District. A total number of 490
residential units will be constructed within the District. Exhibit 6 shows the proposed
development plan for the lands within the District.
7. Maior Water and Wastewater Facilities. Exhibit 7 shows the existing major
trunk water mains and sewer connections serving the lands within the District. Exhibit 7
also depicts the major outfall canals and drainage system for the lands within the
proposed Distri ct.
8. District Facilities and Services. The Petitioner presently intends for the
District to participate in the funding and construction of the following described
improvements:
(a) Stormwater management;
(b ) Water distribution;
(c) Wastewater collection; and
(d) Rights-of-way and open space improvements.
Exhibit 8 describes the type of services and facilities Petitioner presently expects the
District to fund, construct and install. The estimated costs of construction are also set
forth in Exhibit 8. The proposed timetable for construction is shown in Exhibit 9. These
are good faith estimates but are subject to change. Actual construction timetables and
expenditures will likely vary, due in part to the effects of future changes in economic
conditions upon costs such as labor, services, materials, interest rates and market
conditions.
9. Statement of Estimated Regulatory Costs. Exhibit 10 is a Statement of
Estimated Regulatory Costs prepared in accordance with the requirements of Section
120.541, Florida Statutes.
10. Petitioner and Authorized Agent. The Petitioner is PRIME HOMES AT
PORTOFINO FALLS, LTD, a Florida Limited Partnership, whose address is c/o Prime
Homebuilders, 5555 Anglers Avenue #163, Fort Lauderdale, Florida 33312. Copies of
{00002843 DOC vI}
3
Agenda Item No. 8A
October 24, 2006
Page 14 of 85
all correspondence and official notices should also be sent to the authorized agent for the
Petitioner:
Dennis E. Lyles, Esq.
Billing, Cochran, Heath, Lyles, Mauro & Anderson, P.A.
888 S.E. 3rd Avenue, Suite 301
Fort Lauderdale, Florida 33316
Phone: 954-764~ 7150/ Fax: 954~ 764-7279
Email: dly1es@bch1m.com
11. This Petition to establish the Falls of Portofmo Community Development
District should be granted for the following reasons:
a. Establishment of the District and all land uses and services planned
within the proposed District are not inconsistent with any applicable element or portion
of the state comprehensive plan or the effective local government comprehensive plan,
b. The area of land within the proposed District is part of a unified plan
of development that has been or will be approved by Collier County. It is of a sufficient
size and is sufficiently compact and contiguous to be developed as one functional and
interrelated community.
c. The proposed District will be the best alternative available for
delivering community development services and facilities to the area to be served without
fmancially impacting persons residing outside the District. Establishment of the District
in conjunction with a comprehensively planned community, as proposed, allows for a
more efficient use of resources.
d. The community development services and facilities of the District
will be compatible with the capacity and use of existing local and regional community
development services and facilities. In addition, the establishment of the District will
provide a perpetual entity capable of making reasonable provisions for the operation and
maintenance of the District services and facilities in the future.
e. The area to be served by the propose District is amenable to separate
special-district government.
(00002843 DOC vl}
4
Agenda Item No. SA
October 24,2006
Page 15 of 85
WHEREFORE, Petitioner respectfully requests the Board of County
Commissioners of Collier County, Florida to:
a. Hold a public hearing to consider the establishment of the Falls of
P01iofino Community Development District in accordance with the requirements of
Section 190.005(2)(b), Florida Statutes; and
b. Adopt an ordinance pursuant to Chapter 190, Florida Statutes,
granting this Petition and establishing the Falls of Portofino Community Development
District.
SUBMITTED this ;Z day of D~><e 2005.
PRIME HOMES AT PORTOFINO FALLS,
L TD, a Florida Limited Partnership
By: ] ts General Partner
PORrOFINO FALLS BUILDERS, INC., a
By:
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Agenda Item No. 8A
October 24, 2006
Page 17 of 85
EXHIBIT 2
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER, LYING IN SECTIONS 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING FURTHER
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (S.W. V4) OF
SECTION .34, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE N.02015'16"W., ALONG THE
EAST LINE OF SAID FRACTION FOR A DISTANCE OF 145.12 FEET TO A POINT ON THE
NORTH RIGHT -OF- WAY LINE (C.R.- 862) V ANDERBlL T BEACH ROAD (200 FEET WIDE) AND
THE POINT OF BEGINNING; THENCE N.89052'55"W., ALONG SAID RIGHT-OF-WAY LINE
FOR A DISTANCE OF 1321.84 FEET TO THE SOUTHEAST CORNER OF ISLANDW ALK PHASE
7, A SUBDNISION AS RECORDED IN PLAT BOOK 38, PAGES 5 THROUGH 10 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.02014'00"W., ALONG THE EAST LINE
OF SAID SUBDNISION FOR A DISTANCE OF 1860.60 FEET TO THE NORTHWEST CORNER
OF THE SOUTH HALF (S.Y:z) OF THE NORTHEAST QUARTER (N.E. V4) OF THE SOUTHWEST
QUARTER (S.W. V4) OF SECTION 34; THENCE S.89052'18"E., ALONG SAID FRACTION FOR A
DISTANCE OF 76.17 FEET; THENCE N.02015'16"W., FOR A DISTANCE OF 420.21 FEET;
THENCE S. 89052'18"E., FOR A DISTANCE OF 1245.00 FEET TO A POINT ON THE EAST LINE
OF SAID SOUTHWEST QUARTER (S.W. 1/4); THENCE S.02015'16"E., ALONG SAID FRACTION
FOR A DISTANCE OF 2280.60 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 68.39 ACRES MORE OR LESS.
PARCEL IS SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-
WAY OF RECORD.
BEARINGS REFER TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 34,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEARING
N.02015' 16"W.
DESCRIPTION PREPARED MARCH 29, 2005 BY THOMAS S. SHAW, P.S.M.,
PROFESSIONAL SURVEYOR & MAPPER. FLORIDA CERTIFICATION NO. 4672.
: 00002843 DOC v J)
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Agenda Item No. SA
October 24, 2006
Page 19 of 85
EXHIBIT 3
AFFIDAVIT OF OWNERSIDP AND CONSENT
TO THE CREATION OF THE
FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT
{00002843 DOC vI}
9
Agenda Item No. SA
October 24,2006
Page 20 of 85
EXHIBIT 3
AFFIDAVIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF THE
FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA
COUNTY OF BROW ARD
. D€~ ~,
On this 2- _ day of -:h:tae~ . 005, personally appeared 1:?efore me~ an officer duly
authorized to administer oaths and take acknowledgements, who, after being duly sworn,
deposes and says:
1. Affiant, LARRY ABBO, an individual, is the Vice-President of
PORTOFINO FALLS BUILDERS, INC., a Florida corporation, which is the General
Partner of PRlME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited
Partnership (the "Company").
2. PRlME HUMES AT PORTOFINO FALLS, LTD, a Florida Limited
Partnership, is the owner of the follo\villg described property, to \vit:
See Exhibit ~'A" attached hereto (the ~;Property")
3. Affiant, LARRY ABBO, hereby represents that he has full authority to
execute all documents and instruments on behalf of the Company, including the Petition
before the Board of County Commissioners of Collier County, Florida, to enact an
ordinance to establish the Falls of Portotino Community Development District (the
;;Proposed CDD").
4. The property represents a portion of the real property to be included in the
Proposed CDD.
/
~00002S43DOC \' J J 1/2Si2005 08:53'\M1
Agenda Item No. 8A
October 24, 2006
Page 21 of 85
5. Affiant, LARRY ABBO, as Vice-President of PORTOFINO FALLS
BUILDERS, INC., a Florida corporation, which is the General Partner of PRlME
HOMES AT PORTOFINO FALLS, L ro, a Florida Limited Partnership, as owner of the
property in the capacity described above, hereby consents to the establishment of the
proposed CDD.
6. The General Partner of PRIME HOJ\1ES AT PORTOFINO FALLS, LTD.,
a Florida Limited Partnership is PORTOFINO FALLS BUILDERS, INC., a Florida
corporation. The limited partners of PRIME HOMES AT PORTOFINO FALLS, LTD.,
are Fred Abbo, Eva Abbo, Larry Abbo, Edward Abbo. The corporate officers of
PORTOFINO FALLS BUILDERS, INC,. are Fred Abbo, President, Larry Abbo, Vice-
President, Edward Abbo, Secretary, Eva Abbo, Treasurer.
FUR IHER AFFIANT SA YETH NOT.
PRIME HOMES AT PORTOFINO FALLS,
LTD, a Florida Limited Partnership
By: Its General Partner
PORTOFINO FALLS BUILDERS, INC.,
By.
...I
[OOO(CS~3 DOC \" I 11/28/2005 08:53.>.1\1:
Agenda Item No. 8A
October 24, 2006
Page 22 of 85
Subscribed and sworn to before me this ~ day of 0 c:- G . 2005, by
1-1\ Pot." ..., i3 jJ, D-, who personally appeared before me, and is personally known.
/~ij;;;j
G~ UAAJ-U.4.- 'fV lvi, fAe..
N01ARY l'l13LlC STATE OF FLORlDA
~ Geovanna Fortier
Commission # DD456083
Expires: JULY 31. 2009
Uanded Thru Atlantic: Bonding Co., Inc.
Notary:
Print
Name:
Notary Public, State of Florida
~~; 1~.:[~:O
.~ ,,~....~-.Il:r;:)'i.(.:~~,II... ~:.::......w,,,~.~..,,.,...,:.'
h... ~'{","~
[00002843 DOC' \' I 11/28'2005 OS:53Al\ Il
Agenda Item No. SA
October 24. 2006
Page 23 of 85
Exhibit "A~' to Affidavit
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER., LYING IN SECTIONS 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING FURTHER
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (S.W. lh) OF
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE N.02015'16"W., ALONG THE
EAST LINE OF SAID FRACTION FOR A DISTANCE OF 145.12 FEET TO A POINT ON THE
NORTH RlGHT-OF-WA Y LINE (C.R.- 862) VANDERBILT BEACH ROAD (200 FEET WIDE) AND
THE POINT OF BEGINNING; THENCE N89052'55"W., ALONG SAID RIGHT-OF-WAY LINE
FOR A DISTANCE OF 1321.84 FEET TO THE SOUTHEAST CORNER OF ISLANDW ALK pHASE
7, A SUBDIVISION AS RECORDED IN PLA T BOOK 38, PAGES 5 THROUGH 10 OF THE PUBUC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.02014'OO"W., ALONG THE EAST LINE
OF SAID SUBDIVISION FOR A DISTANCE OF 1860.60 FEET TO THE NORTHWEST CORNER
OF THE SOUTH HALF (S.'I:) OF THE NORTHEAST QUARTER (N.E. 1.;) OF THE SOUTHWEST
QUARTER (S.W. 1/4) OF SECTION 34; THENCE S89052'18"E., ALONG SAID FRACTION FOR A
DISTANCE OF 76.l7 FEET; THENCE N02015'16"W.., FOR A DISTANCE OF 42021 FEET;
THENCE S. 89052' 18"E., FOR A DISTANCE OF 124500 FEET TO A POINT ON THE EAST LINE
OF SAID SOUTH\VEST QUARTER (S.W. '/4); T.HENCE S02015' 16''E., ALONG SAID FRACTION
FOR A DISTANCE OF 2280.60 FEET TO THE POINT OF BEGTh'NING.
PARCEL CONTAINS 68.39 ACRES MORE OR LESS.
PARCEL IS SUBJECT TO EASEMENTS, RESTRlCTlONS, RESERVATIONS AND RIGHTS-OF-
WAY OF RECORD.
BEARINGS REFER TO THE EAST LINE OF THE SOUTH\VEST QUARTER OF SECTION 34,
TO\l\,rNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEARING
k020] 5' 16"W
DESCRlPTION PREPARED MARCH 29,2005 BY THOMAS S. SHA \\',
P.S.M., PROFESSIONAL SURVEYOR & MAPPER. FLORIDA CERTIFICATION
NO 4672.
"
..
,."'-;; ...::~;;~,:! C'~';:-"-
:OOO(l:!S.DDOC \' 1 1l12Sf2005 OS:53A1I11
II
f
Agenda Item No. 8A
October 24, 2006
Page 24 of 85
AFFIDA VIT OF OWNERSHIP AND CONSENT
TO THE CREATION OF THE
FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT
STATE OF FLORIDA
COUNTY OF COLLIER
On this 10- day of ce\okv, 2005, personally appeared before me, an officer
duly authorized to administer oaths and take acknowledgements, who, after being duly
sworn, deposes and says:
1. Affiant, Gerardo Mederos, an individual, is Owner of the following
described property, to wit (the "Owner") See Exhibit "A" attached hereto (the
"Property")
2. Affiant, Gerardo Mederos, hereby represents that he has full authority to
execute all documents and instruments, including the Petition before the Board of County
Commissioners of Collier County, Florida, to enact an ordinance to establish the Falls of
Portofino Community Development District (the "Proposed CDD").
3 . The Property represents a portion of the real property to be included in the
Proposed CDD.
4. Affiant, Gerardo Mederos as Owner of the Property, described in attached
Exhibit "A", hereby consents to the establishment of the Proposed CDD.
{00003457 DOC v.1 10/312005 04:31 PM}
10
FURTHER AFFIANT SA YETH NOT.
Agenda Item No. SA
October 24, 2006
Page 25 of 85
Signa~f}zPiiJJ a ~
Print: Gerardo Mederos
Title: Owner
) Subscribed and sworn to before me this .ll::L day of (\ckney, 2005, by
&ro..n::h) 1\;'l(~9r DS, who personally appeared before me, and is personally known.
Juc!lila Paniagua
.4~ lSSlON' tlOUl13t OO'Il'tES
W...t MVCOMhl 17 2008
.~. : l ONOl-~~f"'~It$J~ANCt INC
.-'. .~,..... Be
(00003457 DOC vi 10/3/2005 04:.31 PM}
NOtary:QI1fJ~I&-a. ~\J,Q'rrcu
Print ame: ,--)loywb "'-'-\~\~\Q~
Notary Public, State of Florida
11
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Agenda Item No. 8A
October 24. 2006
Page 27 of 85
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EXHIBIT !I 4"
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Agenda Item No. 8A
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I! II AGRICULTURE ZONING
I . PASTUI'IE WITH BARNS
lNOT PII"1 OF THE WOLF CReEl( PUO REZONING)
\ PROPOSED FUTURE OFF'lCE/COIdMERC[AL
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FALLS OF PORTOFINO C.D.D. LAND USES MAP
EXHIBIT "5"
1 8
a.YUIYD a.YUIYD a.YUIYD a.YUIYD
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~ ROAD SIDE DI1'CH
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-10"W'-- PROPOSEO WATER IoWN (SIZE AS NOTED)
- 6"F --- PROPOSED FORCE NAlN (SIZE AS NOTED)
- EI6'1"- EXISTlNG rORCE I.IAIN (SIZE AS NOTED)
-- E3o"W--" EXISTING WATER MAIN
W'f)lI ~.
FALLS OF PORTOFINO
C.D.D
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Agenda Item No. 8A
October 24,2006
Pa e 30 of 85
.
NTS
8" FORCEMAIN
_J
WOLF CREEK PUD
(RESIDENTIAl. SINGlE..FAMllY)
8 "FORCEMAIN
12 "WATERMAIN
8"FORCEMAIN
12"WATERMAIN
-...-.. -- -- -, ,-
~--e:TO"r-=
--- --\.eX.I ST...ING-16. F-ORCEMAIN_ ..fl(ISTI NG 30" VIM
-._~ - - - -----
FA.LLS OF PORTOFINO
EXISTING UTILITY PLAN
EXHIBIT .. 7"
Agenda Item No. 8A
October 24, 2006
Page 31 of 85
EXHIBIT 8
ESTIMATED COSTS OF DISTRICT IMPROVEMENTS
Stormwater Management
$5,740,741
$746,296
Water Distribution
Wastewater Collection
$803,704
Rights of Way and Open Space Improvements
$459.259
Total Estimated Costs
$7,750,000
{00002843 DOC v. I J
21
Agenda Item No. 8A
October 24, 2006
Page 32 of 85
EXHIBIT 9
PROPOSED TIME TABLE FOR
CONSTRUCTION OF IMPROVEMENTS
Phase One:
1. Surface Water Management and control systems, including but not limited to earthwork
and landscaping.
a Start Date - October 2005
b. End Date - July 2006
2. Water distribution and wastewater collection and transmission facilities
a. Start Date - October 2005
b. End Date - July 2006
3. On-site and off-site roadway improvements
a. Start Date - October 2005
b. End Date -- July 2006
Phase Two:
4. Surface Water Management and control systems, including but not limited to earthwork
and landscaping,
a. Start Date - October 2006
b. End Date - July 2007
5. Water distribution and wastewater collection and transmission facilities
a. Start Date - October 2006
b. End Date - July 2007
6. On-site and off-site roadway improvements
a. Start Date - October 2006
b. End Date -- July 2007
(OOOO2843 DOC vi)
22
Agenda Item No. SA
October 24, 2006
Page 33 of 85
EXHIBIT 10
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to form
the Falls of Portofino Community Development District ("District"). The proposed
District comprises approximately 68.39 acres of land located within unincorporated
Collier County (the "County"), Florida. The limitations on the scope of this SERe are
explicitly set out in Section 190.002 (2) (d), F.S. (governing District formation or
alteration) as follows:
"That the process of establishing such a district pursuant to uniform general law shall be
fair and based onlv on factors material to manaaina and financina the service delivery
function of the district. so that any matter concernina permittina or plannina of the
development is not material or relevant (emphasis added)."
1.2 Overview of the Falls of Portofino Community Development District
The proposed District comprises approximately 68.39 acres within the County. The
District is designed to provide community infrastructure, services, and facilities along
with certain ongoing operations and maintenance to the Falls of Portofino Community
Development District. The development plan for the proposed lands within the District
includes the construction of approximately 490 townhome units.
A Community Development District is an independent unit of special purpose local
government authorized by Chapter 190, Florida Statutes, to plan, finance, construct,
operate and maintain community-wide infrastructure ih large, planned community
developments. COD's provide a "solution to the state's planning, management and
financing needs for delivery of capital infrastructure to service projected growth without
overburdening other governments and their taxpayers." Section 190.002 (1) (a) F.S.
A COD is not a substitute for the local, general purpose, government unit, i.e., the
County in which the CDO lies. A COD does not have permitting, zoning or police
powers possessed by general purpose governments. A CDO is an alternative means of
financing, constructing, operating, and maintaining community infrastructure for planned
developments, such as the proposed Development herein. The scope of this SERC is
limited to evaluating the consequences of approving the proposal to establish the Falls
of Portofino Community Development District.
l00002843 DOC v J J
23
Agenda Item No. 8A
October 24,2006
Page 34 of 85
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541 (2), F.S. (1997), defines the elements a statement of estimated
regulatory costs must contain:
(a) A good faith estimate of the number of individuals and entities likely to be
required to comply with the rule, together with a general description of the types
of individuals likely to be affected by the rule.
As noted above, the Development described herein is an anticipated Planned
Development Project designed for up to 490 total residential units, Formation of the
District would put all of these households and commercial uses under the jurisdiction of
the District. It is not anticipated that anyone outside the District would be affected by
the rule creating the District, although the State of Florida and Collier County would be
required to comply with the rule.
(b) A good faith estimate of the cost to the agency1, and to any other state and
local government entities, of implementing and enforcing the proposed rule, and
any anticipated effect on state and local revenues.
State Government Entities
There will be only modest costs to various State governmental entities to implement and
enforce the proposed formation of the District. The District as proposed is within Collier
County and consists of less than 1,000 acres, therefore Collier County is the
establishing entity under 190.005 (1) F.S. The modest costs to various State entities to
implement and enforce the proposed rule relate strictly to the receipt and processing of
various reports that the proposed District is required to file with the State and its various
entities. Appendix A lists the reporting requirements. The costs to those State
agencies that will receive and process the District's reports are very small, because the
District is only one of many governmental units that are required to submit the various
reports. Therefore, the marginal cost of processing one additional set of reports is
inconsequential. Additionally, pursuant to section 169.412, F.S., the proposed district
must pay an annual fee to the State of Florida Department of Community Affairs, which
"... ..
offsets such costs.
Collier County
The proposed land for the District is in Collier County and consists of less than 1,000
acres. Collier County and its staff may process, analyze, conduct a public hearing, and
vote upon the petition to establish the District. These activities will absorb some
resources. The costs to review the record of the local hearing, the transcript of the
I For the pUIposes of this SERC, the term "agency" means Collier County and the term "rule" means the
ordinance(s) which Collier County will enact in connection with the creation of the Disnict
{00002843 DOC vI}
24
Agenda Item No, SA
October 24, 2006
Page 35 of 85
hearing, and the resolutions adopted by the local general-purpose government will be
offset by the filing fee required under 190.005 (1 )(b), F.S.
These costs to the County are modest for a number of reasons. First, according to
Chapter 190, F.S., review of the petition to establish the District does not include
analysis of the project itself. Second, the petition itself provides much of the information
needed for a staff review. Third, local governments already possess the staff needed to
conduct the review without the need for new staff. Fourth, there is no capital required to
review the petition. Fifth, the potential costs are offset by the required filing fee. Finally,
local governments routinely process similar petitions for land uses and zoning changes
that are far more complex than is the petition to establish a community development
district.
The annual costs to Collier County because of the establishment of the District, are also
very small. The proposed District is an independent unit of local government. The only
annual costs the County faces are the minimal costs of receiving and reviewing the
various reports that the District is required to provide to the local governing authorities.
Impact on State and Local Revenues
Adoption of the proposed rule will have no negative impact on State and local revenues.
The District is an independent unit of local government. It is designed to provide
community facilities and services to serve the planed Development. It has its own
sources of revenue. No State or local subsidies are required or expected.
In this regard it is important to note that any debt obligations incurred by the District to
construct its infrastructure, or for any other reason, are not debts of the State of Florida,
Collier County, or any unit of local government. In accordance with State law, debts of
the District are strictly its own responsibility.
(c) A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local governmental entitjes, required to comply
with the requirements of the rule. As used in 'thi's paragraph, "transactional
costs" are direct costs that are readily ascertainable based upon standard
business practices, and include filing fees, the cost of obtaining a license, the
cost of equipment required to be installed or used or procedures required to be
employed in complying with the rule, additional operating costs incurred, and the
cost of monitoring and reporting.
Table 1 provides an outline of the various facilities and services the proposed District
may provide. The proposed district intends to fund the stormwater management
system, the water distribution and wastewater collection system, and rights of way and
open space improvements.
{OOO02843 DOC vI}
25
Agenda Item No. SA
October 24,2006
Page 36 of 85
Table 1.
Falls of Portofino Community Development District
Proposed Facilities and Services
FACILITY FUNDED BY O&M OWNERSHIP
Stormwater Management COO COO COD
Water Distribution COO COUNTY COUNTY
Wastewater Collection COO COUNTY COUNTY
Rights of Ways and Open
Space Improvements COO COD COO
COD = COMMUNITY DEVELOPMENT DISTRICT; COUNTY = COLLIER COUNTY
The petitioner has estimated the design and development costs for providing the capital
facilities as outlined in Table 1. The cost estimates are shown in Table 2 below. Total
design and development costs for these facilities are estimated to be approximately
$7,750,000. The District may issue special assessment or other revenue bonds to fund
the development of these facilities. These bonds would be repaid through non ad
valorem assessments levied on all properties in the District that may benefit from the
District's capital improvement program outlined in Table 2.
Prospective future landowners in the District may be required to pay non-ad valorem
assessments levied by the District to secure the debt incurred through bond issuance.
In addition to the levy of non-ad valorem assessments for debt service, the District may
also impose a non-ad valorem assessment to fund the operations and maintenance of
the District and its facilities and services. However, locating in the District by new
residents is completely voluntary. So, ultimately, all owners C!nd users of the affected
property choose to accept the non-ad valorem assessments as a tradeoff for the
numerous benefits and facilities that the District provides. In addition, state law requires
all assessments levied by the District to be disclosed by the seller to all prospective
purchasers of property within the District.
A Community Development District ("COD") provides residents with the option of having
higher levels of facilities and services financed through self-imposed charges. The
District is an alternative means to finance necessary community services. District
financing is no more expensive, and often less expensive, than the alternatives of a
municipal service taxing unit (MSTU), a neighborhood association, City/County
provision, or through developer equity and/or bank loans.
{00002843..DOC vi}
26
Agenda Item No. 8A
October 24, 2006
Page 37 of 85
In considering these costs it shall be noted that occupants of the lands to be included
within the District will receive three major classes of benefits.
First, those residents and businesses in the District will receive a higher level of public
services and amenities sooner than would otherwise be the case.
Second, a COD is a mechanism for assuring that the community services and amenities
will be completed concurrently with development of lands within the District. This
satisfies the revised growth management legislation, Senate Bill 360, and it assures that
growth pays for itself without undue burden on other consumers. Establishment of the
District will ensure that these landowners pay for the provision of facilities, services and
improvements to these lands.
Third, a CDO is the sole form of governance which allows District landowners, through
landowner voting and ultimately electoral voting for resident elected boards, to
determine the type, quality and expense of the District services they receive, provided
they meet the County's overall requirements.
The cost impact on the ultimate landowners in the District is not the total cost for the
District to provide infrastructure services and facilities. Instead, it is the incremental
costs above what the landowners would have paid to install infrastructure via an
alternative financing mechanism. Given the low cost of capital for a CDD, the cost
impact to landowners is negligible. This incremental cost of the high quality
infrastructure provided by the District is likely to be fairly low.
Table 2. Cost Estimate for District Facilities
Stormwater Management
COST
$ 5,740,741
$ 746,296
$ 803,704
$ 459,259
$ 7,750,000
CATEGORY
Water Distribution
Wastewater Collection
Rights of Ways and Open
Space Improvements
Total Estimated Costs
{00002843 DOC v II
27
Agenda Item No. 8A
October 24, 2006
Page 38 of 85
(d) An analysis of the impact on small businesses as defined by Section
288.703, F.S., and an analysis of the impact on small counties and small cities as
defined by Section 120.52, F.S.
There will be little impact on small businesses because of the formation of the District.
If anything, the impact may be positive. This is because the District must competitively
bid many of its contracts. This affords small businesses the opportunity to bid on
District work.
Collier County has an estimated population in 2000 that is greater than 75,000.
Therefore the County is not defined as a "small" County according to Section 120.52,
F.S.
(e) Any additional information that the agency determines may be useful.
The analysis provided above is based on a straightforward application of economic
theory, especially as it relates to tracking the incidence of regulatory costs and benefits.
Inputs were received from the Developer's Engineer and other professionals associated
with the Developer.
(f) In the statement or revised statement, whichever applies, a description of
any good faith written proposal submitted under paragraph (1) (a) and either a
statement adopting the alternative or a statement of the reasons for rejecting the
alternative in favor of the proposed rule.
There have been no good faith written proposals submitted to the agency as described
in Section 120.541 (1 )(a), Florida Statutes.
Prepared by: Richard Hans
Governmental Management Services-South Florida, LLC
August 19,2005
{OOOO2843 DOC v..l}
28
APPENDIX A
Reporting Requirements
Florida Special District Handbook
ApPENDIX A: REPORTING REQUJREMENTS AT A GLANCE
Agenda Item No. 8A
October 24, 2006
Page 39 of 85
A dependent special
district that is a component
unit of a county or
municipality may provide
for an annual financial
audit by being included in
the audit of that county or
municij)8lity In such
instances, that audit report
must clearly state that the
special district is a
component unit of the
county or municipality.
F.A.C. = Florida Administrative Code; F.S. = Florida Stawtes
All special districts with
either revenues or
expenditures of more than
$100.000.00
Annual Financial
Audit Report
Section 21839, F.S.
Chapter 10550. Rules
of the Auditor Genera!
Handbook Section 2 .' 4
All special districts with
revenues or
expendituresJexpenses
between $50,000.00 and
$100,000.00 that have not
been subjected to a
financial audit for the two
preceding fiscal years
Abbreviations:
A-I
(00002843 DOC vI}
29
Due Date
Annually within 45
days aft"n delivery of
the audit report to the
governmental entity,
but no later than 12
months after fiscal
year end,. Two
copies of the annual
financial audit report
must be submitted to
the Auditor General
Agenda Item No. SA
October 24,2006
Page 40 of 85
Florida Special District Handbook
Submission
Requirement
Statutory I Rule
Reference
Applicable Special
Districts
Due Date
~
(iJlii/l;r!iifji,!'@ff',~,..1,JJ1 j) ,~~13,., '. "iJ/:'"'i IF: ir~~:prol;rfFmt
L:i !:....k~~~~~~~~~;,,:~lihZ.,,~_ f~5~!j~
Creation
Documents and Section 189418. F.S. Within 30 days after
Amendments, M special districts
Including Codified Handbook Section 1 - 4 adoption I approval.
Act. if applicable
Written Status Sec.-tion 189418, F.S. Within 30 days after
Statement Handbook Section 1 - 4 All special dIstricts adoption f approval of
creation document
Dissolution Section 189.4042, F.S, Within 30 days of the
Documents Handbook Section 1 - 4 All special districts. dissolution effective
date,
Section 189.418. F.S Within 30 days of the
Merger Documents Sec.'ticn 1894042, FS, All special districts. merger's effective
Handbook Section 1 . 4 date.
Special District Map Section 189418, FS All special districts Within 30 days after
and Amendments Handbook Section 1 . 4 adoption I approval.
Annually. by the due
Special District Fee Section 189.427. FS date on the Form
InvoIce ($175.00) Rule 98-50003, FAC. An special districts. (sent to all special
and Update Form Handbook Section 1 " 3 districts around
October 1).
Registered Agent Section 189 416, FS Within 30 days after
and Office I nlNal Section 189418. FS All special districts the first governing
Designation Handbook Section 1 - 4 board meeting
Registered Agent Section 189416, FS Upon making the
Section 189418. F.S All special distric.:ts.
and Office Changes Handbook S€ction 1 . 4 Chal198
.. ,
DIsclosure of Public Section 190.009, F.S All Community At all times public
Financing Development Districts. financing is imposed.
Abbreviations: F.A.C.:: Florida Administrative Code; F.S. :: Flonda Statures
A-2
30
{OO002843 ,DOC vI)
Agenda Item No. SA
October 24, 2006
Page 41 of 85
Florida Special District Handbook
Due Date
Annual Financial
Report with a copy of
the Annual Financial
Audit Report
attached. if required
Section 189.418. F.S.
Section 218.31, F.S.
Section 218.32, F S.
Handbook Section 2 - 3
All Housing Authorities,
All independent specIal
districts; All dependent
special districts thai are
not component units of a
local governmental entity.
Annually vlithin 12
months of fiscal year
end (9/30) and 45
days of mudit
completion If no
audit is required. file
by April 30
Public Depositor
Annual Report to
the Chief Financial
Officer (Form OFS-
J1.1009)
Section 280 17, FS.
Handbook Section 3 h 5
All special districts.
Annually by
November 30
Public Deposit
Identification and
Acknowledgment
Form (Form DFS-
J1-1295)
Execute at the time
of opening the
account and keep on
file. Submit only in
case of default ofthe
qualified public
depository,
Abbreviations: F.A.C. :: Florida Administrative Code: F.S. :: Florida Statutes
Section 28017. F S
Handbook Section 3 - 5
All special districts
A-3
{00002843 DOC v.1}
31
Agenda Item No. 8A
October 24, 2006
Page 42 of 85
Florida Special District Handbook
~i'DZP'1iT"'T"'r!~_
,,:.frl',:j 4tlt..../?6::t.
, I ~~ '.<~~""r:y"!" ,~f::<lli" ~'t. k: {~l:.,'L:cl -:...~
~ ' ~lrr.r~Jd:?;i!:@,"\i11~~ii.sAI.R~;J.'I: ~yi1@"if;. ~~.(~tri.t-rn:;;;J.:~"S{<1~Hi:J.' (!0.~,~ tjlI.Wi~~~
"'1';i,i';i~*";~I',};~;,'\f'>';':1,f.i~tt}~, '( f,~l~fi1~;~n"\~. :::@X!;;p,1~~;(}[;'ttw~~~1.!;~~:~F . :", ..,...
~~""~~~------~~",,-,-_~_,J;;:;......___.........
Actu8rlallmpact Section 112.63. F.S. Any special district
Statement for Rule Chapter proposing benefit changes When considering
Proposed Plan SOT.1 001. F.A C to its defined benefit plan changes
Amendments Handbook Section 2 . 6 retirement plan.
Section 112..63, FS.. Within 60 days of the
Defined Rule Chapter Special districts with reporting period's
Contribution Report 60T-1.004. F.AC. defined contribution plans
Handbook Section 2 .. 6 ending dale.
Section 112.63. F.S. Special districts with At least every three
Actuarial Valuation Rule Chapter
Report 60T-1. FAC, defined benefit retirement years, \,vithin 60 days
Handbook Section 2 .. 6 plans. of completion
~f~t rr-~~ =~~~~~ ;;~Y7(~-c~ ~-- 7:,Z~~~:~-:-:?:;;r:1-: _ ~~:.:: ~~')~;&~~~
1'lflm~~7:i'~'~ If t>!~~;1'~ 'l!~0~1E9~'.t .'~"':: /~f'7itfi',\!/..wul:. ~%'''(.', i.~;Ja<tif~r~J f" (H,~I' quJ. iJ,:ii!irvtr::i;, ,"!:I'''''~iff1/ ,~,;--
1;-1~ ({, I: '~;r., ,il7.'!1 :'"'il,".I~ ,,-J!,.~,~J~,?:'~, 'W_;4~ ~ ,i~:;;'''''.:f\';*,''''''1''''"4:( ..)::;~ ~ ~ < ('_ '1 ", ' 1"\'>:i!;~'{'ffJ:
f"'" " , ' . 1. 1"'U'0'J'i!if,,zI;;{{O! :\"""1'\', ,,"lil';iJr:J"'I':'r:'i-:'B~'!1::!r~tW~,,;:.::,..:ftf0)\0qs(l,t. <, ",,' ",';ili1"\\,;~)It';r-,,*
tui_~~~~~~~~~~.:fai:..~~_~~~~~
Truth.ln.Millage
Form DR421
Section 200.068. FS
Handbook Section 3 .. 3
Special distrie,'ts that can
levy taxes but will not do
so durlng the year
Annually by
November 1
Truth-in-Millage
Compliance
Package Report
Section 200068, F.S
Handbook Section 3 . 3
Special districts levying
property taxes.
No later than 30 days
following the
adoption ofthe
property tax levy
ordinance/resolution
1BI!I1't:.-D1V';;j;;;1';r7'fP'1'1,...._..~~;"""'"= "''1'~lf71~'1l!9!re!''1~!mJ'7Tr''.7-''''''~'"''~'J:ll
x' ( , ""eo,', 'HCAr,,=nl"~^I';::" ,-vY:~~'['''1 i~'"tlli")"'I""""'f /, 'i",.,tx'.li.'t'i'lli1~ '.' ,'['ij
4, t {'; "'ti; '\.~fqj_~1.J{-l~" f~g,\(~'/'l~.l~!~(t,..~:\ I .P...t1}Jf~1Pi':;- ""';\~f,)-;t1H~ ,.~, ,"~~ t}
, , r;'im'fdTilF.Ehir:;,~i:;"'~'.i'i'" ''"' r' {I "" ",,' ~'''I,.:!H:ri~':rf"~i:~)tt:'litJ!~~~!~*\!~'~~ffl';jii<~i'r+:~I~'1l?:"n
~l~~~
Everyone required to file By the I$st day of the
Form 1, receiving a gift calendar quarter
Quarterly Gift 112.3148. F.S, worth over $100 00. following any
DIsclosure (Form 9) Handbook Section 3 . 1 unless the person did not calendar quarter in
receive any gifts duriilg' >i/hich a reportable
the calendar quarter gift was received.
Abbreviations: F.A.C. = Florida Administrotfve Code; F.S. = .Florida Statutes
A-4
(00002843.DOC vl)
32
Agenda Item No. SA
October 24, 2006
Page 43 of 85
Florida Special District Handbook
Memorandum of
Voting Conflict for
County, Municipal,
and Other Local
Public Officers
(Form 88)
Section 1123143. F S
Handbook Section 3 .. 1
Special District Local
Officers with Voting
Conflicts
Within 15 days after
the vote occurs
Actuarial Valuation
Report
See Depaml1ent of Management Services, Division of Retirement.
Annual Financial
Audit Report
Abbreviatlons: F.A.C. = Florida Administrative COd9; F.S. = Florida Statutes
See A(ld.~or General, Local Government Section
A-5
33
{00001843 DOC v..! }
Agenda Item No. 8A
October 24, 2006
Page 44 of 85
Florida Special District Handbook
When requested,
Section 189418, FS. provide to th& local
Budget or Tax Levy Handbook Section 2 - 2 All special districts governing authority
within the district's
boundaries
Section 1633191, F.S. Independent special
Public Facilities J nitiaJ Section 189 415(2), F. S. districts (See Within one year of
Report Rule Chapter Handbook Section the special district s
9J-33, FAC creation.
Handbook Section 1.. 6 1 .. 6. page 31)..
Section 1633191. F S Independent special Annually.. Contact
Section 189415(2), F S
Public Facilities Annual Rule Chapter districts (See each local genera!..
Notice of Any Changes 9J.33. FAC Handbook Section purpose government
Handbook Section 1 .. 6 1 " 6. page 31) for the due date
Every five years, at
least 12 months
Section 189 415(2)(a), before the due date
F,S Independent special that each local
Public Facilities Rule Chapter districts (See general-purpose
Updated Report 9J-33, F.A.C Handbook Section government must
Handbook Section 1 6 1 - 6. page 31) submit its Report to
Appendix B the Department of
Community Affairs
See Appendix B
Registered Agent and Section 189.416, F.S. Within 30 days after
Office InItial Section 189418. FS All special districts. the first governing
Designation Handbook Section 1 .. 4 board meeting
Registered Agent and Section 189416, F,S. Upon making the
Section 189418. F..S. All special districts
Office Changes Handbook Section 1 - 4 change.
Regular Public
Meeting Schedule
Section 189417, FS. Quarterly,
Section 189418. FS All special districts semiannually, or
Handbook Section 3 - 2 annuall~'.
Abbreviations: F.A.C. = Florida Administrative Code; F.S. :: Flo/ida Statures
A-6
34
{00002843.DOC v.l}
Agenda Item No. SA
October 24,2006
Page 45 of 85
Florida Special District Handbook
Due Date
Investment Pool
Systems Input
Documentation
All special districts
investing funds \^lith the
Handbook. Section 3 - 6 State Board of
Administration or Local
Government Trust Fund.
At the time of making
any changes or
updates to the
account
Resolution for
Investment of
Surplus Funds
All special districts
Section 218407. F S investing funds with the
State Board of
Handbook Section 3 . 6 Administration or Local
Government Trust Fund.
Abbreviations: F.A.C. = Florida Administrative Code; F.S. = Florida Statutes
At 111e time of
investing surplus
funds.
A-7
35
100002843 DOC v I}
Agenda Item No. 8A
October 24, 2006
Page 46 of 85
Florida Special District Handbook
Due Date
Before selling certain
general obligation
Advance Notice Section 218..38, F.S, All special districts as bonds & rel/enue
of Bond Sale Handbook Section 2 - 5 applicable bonds or dosing on
any similar Jong.term
debt instruments
Bond Information Section 189.418, F.S. All special districts as Within 120 days after
Form/Bond Section 218.38. F S. applicable. New bond delivery of general
Disclosure Form obligation bonds and
(BF2003J20D4A & B) Handbook Section 2 .. 5 issues only revenue bonds
Bond Verification All special districts as Within 45 days of the
Handbook Section 2 . 5 Division of Bond
Form (BF2005) ap plicabl e . Finance's request
Final Official Section 218 38. F S All special districts as Within 120 days after
Statement Handbook Section 2 . 5 applicable delivery of the bonds.
[Bonds) If prepared
IRS Form 8038
(Bonds)
Section 159.345(1), F.S. Special districts issuing Submit with the Bond
Section 159475(1). F.S., Industrial Development or Information Form &
Section 1597055, F S Research and Official Statement, jf
Handbook Section 2 - 5 Development Bonds. any is published.
Abbreviations: F.A.C. = Florida Adminisrrative Code, F.S. = Florida Statutes
A-8
{00002843 DOC vi}
36
Agenda Item No. 8A
October 24,2006
Page 47 of 85
Florida Special District Handbook
Submission
Requirement
Statutory J Rule
Reference
Applicable Special
Districts
Due Date
All "special district local Within 30 days of
accepting the
officers" appointed appointment, then
to a special district or every year thereafter
Statement of Section 112.3145, FS. special district's board. by July 1
Financial Interests
(Form 1) Handbook Section 3 - 1
All .special districllocal During the qualifying
officers. elected period, then
to a special district's every year thereafter
board. by July 1
Final Statement of All .special district local Vlfithin 60 days of
Financial Interests Section 1123145, F S officers. who are required leaving a public
Handbook Section 3 1 to file Form 1 and are
(Form 1 F) leaving a public position position
No later than the last
Certain special district day of the calendar
Quarterly Client Section 112.3145(4), local officers. depending quarter following the
Disclosure FS. upon their position, calendar quarter
(Form 2) Handbook Section :3 - 1 business or interests (See during which the
Handbook Section 3 - 1). representation was
made.
Annual Disclosure
of Gifts from
Governmental All special district local
Entities and Direct Section 1'123148. F S.
Support Section 112.3149, FS. officers who file Form 1 Annually by July 1 .
and who received a
Organizations and Handbook Section 3 - 1 reportable gift or expense
Honorarium Event
Related Expenses
{Form 10}
I nterest in
Competitive Bid for
Public Business
(Form 3A)
Section 112313(12)(e)
FS
Handbook Section 3 -1
Certain special district
local officers (See
Handbook Section 3 - 1)
Before or at 1he time
of the submission of
the bid.
Abbreviations: F.A.C. = Florida Administrative Code: F.S. = Florida Statures
A~9
{00002843 DOC vi}
37
Agenda Item No. 8A
October 24, 2006
Page 48 of 85
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
IN RE:
PETITION TO EXT ABLISH THE
FALLS OF PORTO FINO COl\iMUNITY
DEVELOPMENT DISTRICT
/
AFFIDAVIT ADOPTING WRITTEN. PRE-FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF BROW ARD
I, Larry Abbo, Vice President of Prime Homes at Portofino Falls, Ltd. by Portofino Falls
Builders, Inc., a Florida corporation, its general partner, being duly sworn, do hereby
state for my affidavit as follows:
1. I have personal knowledge of the matters set forth in this affidavit.
2. My name is Larry Abbo and I am the Vice President of Prime Homes at Portofino
Falls, Ltd. by Porto fino Falls Builders, Inc., a Florida corporation, its general
partner.
3. The prepared, written, pre-filed testimony, submitted under my name to Collier
County relating to the establishment of the Falls of Porto fino Community
Development District, and attached hereto, is true and correct.
4. If I were asked the questions contained in the pre-filed testimony orally at the
Falls of Porto fino Community Development District establishment hearing on
,200_, my oral answers would be the same as the
written answers presented in my pre-filed testimony.
Agenda Item No. 8A
October 24,2006
Page 49 of 85
5. My pre-filed testimony generally addresses the nature of the services and facilities
to be provided by the proposed Falls of Porto fino Community Development
District, the truth and accuracy of the Petition to establish the proposed District,
and compliance with the factors to be considered in the establishment of a
community development district.
Under penalties of perjury, I declare that I have read the foregoing and the facts
alleged are true and correct to the best of my knowledge and belief.
Executed this , I
day of N C \J r:; I'VI g~ ~
, 200 5' .
Prime Homes at Portofino Falls, Ltd. by Portofino Falls Builders, Inc., a Florida
corporation, its general partner,
By:
SWORN TO and SUBSCRIBED before me by the Affiant, on this ( I , day of
N () Ii ~ lo/l i4~ r...... ,2002-.
"~~:;U'" Linda. Soeolow
/i:,:'~;';'~~;\ Com.mission #D020] 844
~.~'.:. ~-Bi':SfP~rlls: May 17,2007
"'~OiF'-O.' ~ondedThru
""" ,.,' Atlantic Bonding Co., Inc.
~cLa ~I'
Notary Public State of Florida
L.J TY 1)/1 .~ OCCLC v)
Typed Name of Notary Public
Personally Kno\vn
v
Type Identification produced
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Agenda Item No. SA
October 24, 2006
Page 50 of 85
TESTIMONY OF LARRY ABBO'l VICE PRESIDENT
1.
Please state your name and business address.
My name is Larry Abbo. My business address is 21218 St. Andrews Avenue #510,
Boca Raton, FL 33433
2.
By whom are you employed and in what capacity?
I am Vice President of Prime Homes at Portofino Falls, Ltd., by Portofmo Falls
Builders, Inc., a Florida corporation, its general partner.
3.
Please describe your duties in this position.
As Vice President, I a responsible for oversight of all operations related to land
development, construction, accounting and sales.
4.
Please describe your experience and credentials, including your current
employment.
See Attached Resume'
5.
How long have you help this position?
1989- Present
6.
Are you generally familiar with the geographic areas, type, and scope of
development and tbe available services and facilities within the proposed
Community Development District to be known as Falls of Portofino Community
Development District?
Yes, I am familiar with the Falls of Portofino CDD geographic area. I am familiar
with the scope of development and available services and facilities within the
proposed CDD.
7.
Please describe your involvement with the Petition for an Ordinance to
Establish the Falls of Portofino Community Development District ("Petition")?
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11.
Agenda Item No. 8A
October 24, 2006
Page 51 of 85
I have been involved with the formation of the Falls ofPortofmo CDD since its
inception. I was involved in the planning stages of the Falls of
Portofino CDD and in the preparation of the CDD Petition and Exhibits.
8.
Have you reviewed the contents of the Petition?
Yes, I have reviewed and approved the contents of the Petition and Exhibits.
9.
Are there any changes or corrections to any of the Exhibits attached to the
Petition at this time?
No.
Are the contents of the Petition and Exhibits true and correct to
the best of your knowledge?
Yes.
In response to this Petition, what action has Collier County taken?
We had a Pre-Application Conference on August 16, 2005. We received comments
from Collier County in a letter dated August 19,2005.
Has the Falls of Portofino CDD received any other comments from the public or
any other governmental agency?
No.
12.
Approximately how large is the land area proposed to be in the Falls of Portofino
CDD?
The land area proposed by the Falls of Portofmo CDD consists of approximately
68.39 Acres
13.
Who are the Owners of the proposed land to be included in the Falls of Portofino
CDD?
a. Prime Homes at Portofino Falls, Ltd., by Portofmo Falls Builders, Inc., a Florida
corporation, its general partner
b. Gerardo Mederos
14.
Have the Owners Provided an Affidavit of Ownership and Consent to the
Creation of the Falls ofPortofmo CDD?
Yes.
2
1
2
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4
5
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9
15.
Agenda Item No. 8A
October 24,2006
Page 52 of 85
Does this conclude your testimony?
Yes.
3
Agenda Item No. SA
October 24, 2006
Page 53 of 85
Larry Mayer Abbo
21218 Saint Andrews Boulevard #510
Boca Raton, Florida 33433
Telephone (954) 392-8788
rRQER$'$tQ~APit~ltRtttNcjlt
1997 to Present
1990 to 2000
1993 to 1995
Prime Investors and Developers. Inc. d/b/a Prime Homebuilders, Executive Vice
President, General Contractor/Qualifier. All stages ofproject development and
administration. In progress: Portofino Village, a 930 single and multi-family home
community in Indian River County Florida; Portofino Shores, a 519 single-family
home community in Fort Pierce, Florida; Portofino Landings, a 448 multi-family
home community in Fort Pierce, Florida; Portofino Isles, a 764 single and multi
family home community, Port Saint Lucie, Florida; Portofino Court, a 300 multi-
family home community in Port Saint Lucie Florida; Portofino Lakes, a 120 single
family home community in Homestead, Florida; Portofino Oaks, a 92 single family
community in Homestead, Florida; Portofino Pointe, a 105 single-family home
community in Homestead, Florida; Porto fino Palms, a 172 single-family home
community in Homestead, Florida; Villa Portofino West, a 211 multi-family home
community in Homestead, Florida; Villa Portofmo East, a 103 multi-family home
community in Homestead, Florida; Porto fino Plaza, a 90,000 SF retail & office
building in Homestead, Florida; Portofino Professional Center, a 60,000 SF
professional office building in Homestead, Florida; Portotino Falls, a 490 multi-
family home community in Naples, Florida; Portofino Cove, a 292 multi-family
home community in Fort Myers, Florida; Portofmo Springs, a 192 multi-family
home community in Fort Myers, Florida. Completed communities: Portofino Estates,
a 130 single-family home community in Homestead, Florida; Porto fino Bay, a 163
single-family home community in Homestead, Florida; Portofino North at Monarch
Lakes, a 118 single-family home community in Miramar, Florida. ; Portofino South
at Monarch Lakes, a 169 single-family home community in Miramar, Florida.
Boynton Estates, a 40 home community in Boynton Beach, Florida; Conlen
Residence, a 6,000 SF custom residence on the intracoastal waterway, Highland
Beach, Florida
CenturY Investors and Developers. Inc., Executive Vice President, General
Contractor/Qualifier; project administrator in addition to construction financing and
end-loan administrator. Completed projects include: Paradise Homes, a 35 single
family home community in Miami, Florida; Abbro Development, a 10 custom home
community in Miami, Florida; The New Le Mirage, a 32 single family home
community in Miami, Florida; Interian Homes, 4 luxury residences in Miami,
Florida; Tamarind Grove, a 54 townhome/villa community within Miami, Florida;
Mizner Village at Heron Bay, a 56 luxury home community in Coral Springs,
Florida; Addison Court at Wyndham Lakes, a 166 townhome/villa community within
Coral Springs, Florida. Various custom homes.
Sistemas Avazados de Construcci6n C.A. (Advanced Construction Systems, C.A.),
Vice President with responsibilities including steel structure design and fabrication,
estimating, bidding, and general administration. Completed jobs include: Costa
Norte Offices, Punto Fijo, Venezuela; Provincial Bank of Costa Oriental, Venezuela;
Custom Chalet, Boeono, Venezuela; Industrial eating facility within pequiven
Petrochemicai Plant, EI Tablazo, Costa Oriental, Venezuela; Bechtel Offices,
Maracaibo, Venezuela.
Agenda Item No. SA
October 24, 2006
Larry Maye?~Q5b54 of 85
Professional Resume
Page 2 of2
1989 to 1993
AGL Construction & Development Cm})., Comptroller and Vice President of
Construction. General Contractor/Qualifier for construction activities.
Responsibilities included: planning, pennitting, budgeting, bidding
procedures/execution, management of funds, cost accounting, construction
supervision, customer care and relations, and coordinating of closings. Completed
projects included: Boca Bella, a 60 townhome community within Boca Raton,
Florida; Kids'R'Us shopping center, Coral Springs, Florida; Kidstop Early Learning
Center, Boynton Beach, Florida.
EDtfCATloN~TQ""uX'I3mCATIONS
~-,,-.-~- ".... ,,",..,~,.,...,< "'-. '.--" "'" ,-,;;. '<" ""......".j<..,>'"..-:~ ~ '-,......;;.,.,.. _'.., ;.,=>''''-'.:''','d''' '..-,:;,,,,"_'~,.... ,,' ,..-.,'.,.c'.>A, .~,","'P",...-"
1998
State Certified Building Inspector. License # BN 0003358.
1996
Florida Energy Efficiency Code for Building Construction.
Class three rater. License # 595409892
1993
Gold Coast School of Real Estate, Boca Raton, Florida.
Real Estate Broker. License # BK 0565477
1990 to 1995
Florida Atlantic University
Major: Engineering
1993 to 1995
Universided del Zulia
Major: Engineering
1992
Gold Coast School of Real Estate, Boca Raton, Florida.
State Registered Appraiser. Registration # R1 0003148
1992
Contractors School, Pompano Beach, Florida.
State Certified Roofing Contractor. License # CCC 056654
1991
Contractors School, Pompano Beach, Florida.
State Certified General Contractor. License # CGC 053496
1991
Southern Building Code Congress International, Inc. (SBCCI)
Registered Building Inspector. Registration # 4344
1990
Gold Coast School of Real Estate, Boca Raton, Florida.
Mortgage Broker. License # HB 595409892 SP
1990
Gold Coast School of Real Estate, Boca Raton, Florida.
Real Estate Salesperson. License # SL 0565477
P~QFE$'sJQ~Mr~ItIArlPr;{~
· Southern Building Code Congress International, Inc. (SBCCI)
· Realtor Association of Greater Fort Lauderdale
· Florida National Association of Realtors
· Builders Association of South Florida (BASF)
· Latin Builders Association
· National Association of Home Builders
Agenda Item No. SA
October 24, 2006
Page 55 of 85
BEFORE THE BOARD OF COM:MISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
IN RE:
PETITION TO ESTABLISH THE
FALLS OF PORTOFINO COMMUNITY
DEVELOPMENT DISTRICT
I
AFFIDAVIT ADOPTING WRITTEN. PRE-FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
I, Richard Hans, of Government Management Serviced-South Florida, LLC, being duly
sworn, do hereby state for my affidavit as follows:
1. I have personal knowledge of the matters set forth in this affidavit.
2. My name is Richard Hans and I am a managing member of Government
Management Services-South Florida, LLC.
3. The prepared., written, pre-filed testimony, submitted under my name to Collier
County relating to the establishment of the Falls of Porto fino Community
Development District, and attached hereto, is true and correct.
4. If I were asked the questions contained in the pre-filed testimony orally at the
Falls of P orto fino Community Development District establishment hearing on
,2005, my oral answers would be the same as the
Vvntten answers presented in my pre-filed testimony.
Agenda Item No. 8A
October 24, 2006
Page 56 of 85
5. My pre-f1led testimony generally addresses the nature of the services and facilities
to be provided by the proposed Falls of Portofino Community Development
District, the truth and accuracy of the Petition to establish the proposed District,
and compliance with the factors to be considered in the establishment of a
community development district
Under penalties ofperjury, I declare that I have read the foregoing and the facts
alleged are true and correct to the best of my knowledge and belief.
Executed this 7
day of ~e/;kVV1 tr't/"
I
,2005.
u~
/ (
SWfRij. "TO and SUBSCRIBED before me by the Affiant, on this1tv... , day of
<.:V'~:i:UI\.A.i,.,) / .2005.
, ..
./
l'$'#.~:~~. PATTI POWERS
{:.(A f~ MY COMMISSION fi DD 421651
-';;:rP.t.~"S~mES; AugUSI22, 2009
, . JUll _ j =0 ru Notary Public UndsrYr1iters
~tVv
No1)Y P.UbliC State of Florida
tbtt\l'PoW~
Typed Name of Notary Public
Personally Known
~/".
Type Identification produced
Agenda Item No. 8A
October 24, 2006
Page 57 of 85
TESTIMONY OF RICHARD HANS
1. Please state your name and business address.
Richard Hans, 5701 N. Pine Island Rd., Suite 370, Ft. Lauderdale, FL 33321
2. By whom are you employed and in what capacity?
Governmental Management Services-South Florida, LLC
Managing Member
3. And what is the nature of your firm's business?
Providing management and consultant services to Community Development
Districts.
4. Please describe your experience and credentials, including your current
employment.
I am currently employed by Governmental Management Services-South Florida,
LLC. I have been involved in all aspects of managing Community Development
Districts over the past six years; I have provided accounting services, field
management and administrate management services, acted as special assessment
administrator, and methodology consultant. I have been Secretary! Assistant
Secretary for over 100 community development districts.
5. Please describe your educational background, with degrees earned, major areas
of study, year of degree, and institutions attended.
I received my Bachelor of Science degree in Natural resource Management from
Rutgers University in 1984. I earned my Master of Science degree in Forest
Biometrics from Virginia Tech University in 1986.
6. Do you hold any professional designations or certifications?
Community Association Manager
7. Are you a member of any professional associations?
Florida Association of Special Districts
8. Prior to your current employment, by whom were you employed and in what
position?
Severn Trent Environmental Services, Inc. - District Manager
9. Have you previously 'worked with other CDD petitions? Have you previously
prepared a Statement of Regulatory Costs ("SERC")?
Yes. I have prepared the Statement of Regulatory Costs for numerous Community
Development Districts.
10. Have you ever been qualified as an expert in the preparation of such testimony
regarding Community Development Districts?
Yes, most resently for the Tesoro Community Development District established by
Agenda Item No. 8A
October 24, 2006
Page 58 of 85
the Florida Land and Water Adjudicatory Commission.
11. Please summarize your previous work experience relating to CDDs and special
districts in general.
See question 4
12. Where in Florida are the districts with which you have worked?
I currently manage Districts in Collier, Lee, Miami Dade, Broward, Palm Beach and
St. Lucie County. I have certified the non ad valorem assessment roll and served as
Secretary/Assistant secretary for Districts in Brevard, Charlotte, Clay, Flagler,
Hillsborough, Lake, Leon, Manatee, Orange, Osceola, Pasco, Polk Sarasota, and St.
Johns Counties
13. Please list the proceedings in which you have been qualified as an expert witness
regarding the establishment (including contractions and/or additions to) of
CDDs and the operation and management of CDDs
I have acted as an expert witness in the bond validation process for Copper Oaks
CDD, Orchid Grove CDD, Monterra CDD, East Homestead CDD, Vizcaya in
Kendall CDD, Stonegate CDD, South Kendall, and Portofino Isles CDD
14. Do you consider yourself an expert in economic analysis and forecasting in
regard to CDDs?
Yes, I consider myself an expert in the economic analysis of CDDs.
15. Are you familiar with the geographical areas, type, and scope of development
and the available services and facilities within the Falls of Portofmo CDD?
Yes.
16. Are you familiar with the Petition filed to establish the Falls of Portofmo CDD?
Yes.
17, What has been your role with respect tQ the Petition to Establish ("Petition")
Falls of Porto fino Community Development District ("Falls of Portofino CDD)?
I have prepared the SERC
18. Please generally describe each of the exhibits attached to the Petition.
Exhibit 1 - Location Map
Exhibit 2 - Legal Description
Exhibit 3 - Landowner consent
Exhibit 4 - Existing land uses map for lands within and abutting the proposed
District.
Exhibit 5 - Proposed land uses within the District
Exhibit 6 - Proposed development plan for the property within the District
Exhibit 7 - Existing major water mains and sewer connections, along with major
outfall canals and drainage systems for lands within the proposed District
Exhibit 8 - Services and facilities to be provided by the District
Exhibit 9 - Time table to construct the District facilities
Exhibit 10 - Statement of Estimated Regulatory Costs.
2
Agenda Item No. SA
October 24, 2006
Page 59 of 85
19. Are the contents of the Petition and the exhibits attached to it true and correct
to the best of your knowledge as of the date your prepared testimony is fIled?
Yes.
20. Why is Falls of Portofino petitioning for an ordinance to establish the Falls of
Portofino eDD?
Forming a community development district to deliver community development
services and facilities is the best alternative available. Only the residents of the
District and no one outside the boundaries of the district will be financially impacted.
The District will also provide a perpetual entity to provide for the ongoing operations
and maintenance of the facilities providing for a higher level of service to the
residents than may otherwise be available.
Let me ask you a few questions about certain opinions you may have based on your
experience in enD management, real estate development and the development of lands
within the FaIls of Portofino eDD in particular
21. Based on your experience in enD management, do you have an opinion as to
whether the proposed Falls of Portofmo CDD is of sufficient size, sufficient
compactness, and sufficient contiguity to be developed as a functionally
interrelated community?
Yes
22. 'Vhat is the basis for your opinion?
Previous experience.
23. Based on your experience, do you have an opmlOn as to whether Falls of
Portofino eDD is the best alternative available to provide community
development services and facilities to the area that will be served?
Yes.
24. What is your opinion and the basis for it?
The development of the land within the CDD will require the construction of
substantial public infrastructure improvements and the ongoing maintenance of these
improvements. The CDD is authorized by Chapter 190, Florida Statutes to plan,
finance, construct, operate and maintain community-wide infrastructure. The CDD
can access the tax-exempt public capital markets and finance the improvements at a
lower cost than through developer funding. The District also has the ability to assess
the property within the District providing for the ability to fund large capital
improvement projects that other entities could not.
The District's ability to collect its funds through special assessments collected on the
Collier County Property Tax Bill assures a reliable revenue source for the ongoing
maintenance of the District. This provides for the CDD to be more effective than an
BOA in maintaining the improvements. The CDD Board is controlled by the
3
Agenda Item No. SA
October 24, 2006
Page 60 of 85
landowners and eventually the residents, so the residents can determine the level of
service to be performed. A eDD is a local unit of government which operates under
the Sunshine Laws and must follow specific guidelines. . This local control and
oversight would make the CDD a more appropriate entity to provide the community
development services, than even the general purpose government which needs to deal
with a variety of other issues.
The reason stated above; lower financing cost due to access to the tax exempt market,
a consistent revenue source by the CDD's ability to utilize the services of the Collier
County Tax Collector, District residents having control, removing the burden from
general purpose government are all important reasons as to why a CDD is the best
alternative to provide community development services and facilities.
25. Based on your experience, do you have an opinion as to whether the services and
facilities to be provided by Falls of Portofino eDD will be compatible with the
uses and existing local and regional facilities and services?
Yes.
26. What is your opinion and the basis for it?
The services are compatible and do not duplicate any available regional service or
facilities. The infrastructure services and facilities are required by development
agreements governing the property.
27. Based on your experience, do you have an opinion as to whether the area to be
included within Falls of Portofino eDD is amenable to being served by a
separate special district government?
Yes
28. What is the basis for your opinions?
The size and compactness of the land to be included in the CDD lend itself well to
being serviced by a separate special district government. The District's scope is
limited in the services and facilities it can provide and it does not compete with the
local government.
Turning to the economic exhibits and opinions, we will begin addressing portion of the
Petition to Establish the Falls of Portofino CnD boundaries that relate to certain
economic analysis matters, including the exhibits and your expert opinions on
economic analysis issues.
29. Are you familiar with the S.E.R.C.?
Yes.
30. How familiar?
I prepared the SERe in accordance with statutory requirements
31. Are there any corrections required?
No.
4
Agenda Item No. SA
October 24, 2006
Page 61 of 85
32. In general terms, please summarize the economic analysis you have presented in
the SERe.
Following the requirement of F.S. 120120.541 (2), all required analysis has been
performed. A good faith estimate of the number of individual or entities required to
conform to the rule, and a good faith estimate of the cost to local and state
government to enforce the rule and the affect on local and state revenues has been
presented. It was found the processing costs are minimal and will be offset by the
filing fee and there will no negative impact on state and local revenues. The facilities
being provided are outlined and a good faith estimate of the cost to provide these
facilities along with the entities which will be incurring the cost is also presented.
Finally, an analysis on the impact on small businesses is provided. There will be no
adverse affect on small businesses. Collier County is not considered a small county,
therefore a analysis for the impact on the county is not required.
33. Please describe briefly the data and methodology you used in preparing the
SERC and related analysis.
The analysis provided above is based on a straightforward application of economic
theory, especially as it relates to tracking the incidence of regulatory costs and
benefits. Inputs were received from the Developer's Engineer and other professionals
associated with the Developer.
Turning now to the state and local comprehensive plan criteria of Section
190.005(1)(e)2., do you have an opinion as to whether the establishment of Falls of
Portotino cnn is inconsistent with any applicable element or portion of the State
Comprehensive Plan?
34. What is your opinion?
It is my opinion that the establishment of Falls of Porto fino is not inconsistent with
any applicable element or portion of the state comprehensive plan.
35. What is the basis for that opinion?
I have reviewed the 25 specific goals and policies of the State Comprehensive Plan,
(Chapter 187, Florida Statutes) and did not find any inconsistency the establishment
of the CDD would have the goals and policies of the plan.
5
Agenda Item No. 8A
October 24,2006
Page 62 of 85
36. What is Subject 15 and why is it relevant?
Subject 15, entitled Land Use, recognizes the importance oflocating development in
areas that have the fiscal abilities and service capacity to accommodate growth. It is
relevant because CDDs are designed to provide infrastructure services and facilities
in a fiscally responsible manner to the areas which can accommodate development.
The Falls of Porto fino CDD will have fiscal capability to provide the specified
services and facilities within its boundaries.
37. What is Subject 20 and why is it relevant?
Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan
provides that governments shall economically and efficiently provide the amount and
quality of services required by the public. The proposed Falls of Portofino CDD will
be consistent with this element because the proposed Falls of Portofmo CDD will
continue to:
(i) cooperate with other levels of Florida government;
(ii) be established under uniform general law standards as specified in
Chapter 190, Florida Statutes;
(iii) be professionally managed, financed, and governed by those whose
property directly receives the benefits;
(iv) not burden the general taxpayer with costs for services or facilities
inside Falls of Porto fino CDD; and
(v) plan and implement cost efficient solutions for the required public
infrastructure and assure delivery of selected services to residents.
38. What is Subject 25 and why is it relevant?
This subject calls for systematic planning capabilities to be integrated into all levels
of government throughout the state, with particular emphasis on improving
intergovernmental coordination and maximizing citizen involvement. The proposed
Falls of Portofino CDD will be consistent with this element of the State
Comprehensive Plan because:
(i) the proposed Falls of Portofino CDD will systematically plan for the
construction, operation and maintenance of the public improvements
and the community facilities authorized under Chapter 190, Florida
Statutes, subject to and not inconsistent with the local government
comprehensive plan and development regulations;
(ii) Falls of Portofino CDD meetings are publicly advertised and are open
to the public so that all Falls of Portofino CDD property owners and
6
Agenda Item No. 8A
October 24, 2006
Page 63 of 85
residents can be involved in planning for improvements;
(iii) Section 189.415, Florida Statutes, requires Falls of Portofino CDD to
file and update public facilities reports with the County, which it may
rely upon in any revisions to the local comprehensive plan.
39. Are there any other subjects within the State Comprehensive Plan which are-
relevant?
Yes, Subject 17 entitled Public Facilities. The applicable goal and policies of Subject
17 relate to (i) protecting investments in existing public facilities; (ii) providing for
planning and financing for new facilities, (iii) allocating the costs of new public
facilities on the basis of the benefits received by future residents; (iv) implementing
innovative but fiscally sound techniques for financing public facilities; and (v)
identifying and using stable revenue sources for financing public facilities.
40. Do you have an opinion, as someone with expertise in planning, as to whether
the establishment of Falls of Portofmo CDn is inconsistent with any applicable
element or portion of the Collier County Comprehensive Plan?
Yes.
41. What is that opinion?
The establishment of Falls of Portofino CDD is not inconsistent with any applicable
element or portion ofthe Collier County Comprehensive Plan.
42. What is the baisi for this opinion?
Chapter 190, Florida Statutes, prohibits any community development district from
acting in a way inconsistent with the local government's comprehensive plan, and the
exercising of any power must be done with the comprehensive plan in mind. Thus,
any activities of the CDD must be in compliance with County procedures and the use
of those powers granted to the CDD does not make it inconsistent with the local
Collier County Comprehensive Plan. I have examined the Future Land Use Element
(FLUE) of the Collier County Plan and the proposed land uses within the proposed
CDD are consistent with the authorized uses contained in the FLUE
43. Does this conclude your testimony?
Yes.
7
Agenda Item No. 8A
October 24, 2006
Page 64 of 85
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
INRE:
PETITION TO ESTABLISH FALLS OF
PORTOFINO COMMUN1TY DEVELOPIvIENT
DISTRICT
I
AFFIDAVIT ADOPTING WRITTEN. PRE-FILES TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
I, David R. Underbill, Jr., P.E., of Banks Engineering, Inc., being fIrst duly sworn, do
hereby state for my affidavit as follows:
1. I have personal knowledge of the matters set forth in tbis affidavit.
2. My name is David R. Underbill, Jr., P .E., and I am a Registered Professional
Engineer employed by Banks Engineering, Inc.
3. The prepared, written, pre-fIled testimony, submitted under my name to Collier
County relating to the establishment of the Falls of Portofino Community Development District,
and attached hereto, is true and correct.
4. If I were asked the questions contained in the pre-filed testimony orally at the
Falls of Portofino Community Development District establishment hearing, my oral answers
would be the same as the v-.'Titten answers presented in my pre-filed testimony.
5. My credentials, experience and qualifications concerning my work with land
development projects as a professional engmeer are accurately set forth in my pre-filed
testimony.
6. My pre-filed testimony generally addresses the nature of the services and facilities
to be provided by the proposed Falls of Portofino Community Development District, the truth
Agenda Item No. 8A
October 24,2006
Page 65 of 85
and accuracy of the Petition to establish the proposed District, and compliance with the factors to
be considered in the establishment of a commW1.ity development district
7. My testimony has been revised to correct minor typographical and grammatical
errors.
Under penalties of perjury, I declare that I have read the foregoing and the facts alleged
are true and correct to the best of my knowledge and belief.
Executed this 4th day of November, 2005.
f).cJ(2~
David R. Underhill, Jr., P .E.
SWORN TO AND SUBSCRIBED before me by the Affiant, on this 4th day of
November, 2005.
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Name
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Type of identification produced
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Agenda Item No. 8A
October 24, 2006
Page 66 of 85
TESTIMONY OF DAVID R. UNDERHILL~ JR.~ P.E.
1. Please state your name and business address.
My name is David R. Underhill, Jr., P.E.. My business address is 6640 Willow Park
Drive, Suite B, Naples, Florida 34109.
2. By whom are you employed and in what capacity?
I am currently employed as a professional engineer with Banks Engineering, Inc.. and I
am a Vice President of Banks Engineering, Inc..
3. And what is the nature of your firm's business?
Banks Engineering, Inc. provides engineering, survey/mapping, land planning and design
services to private developments and government clients.
4. Please describe your experience and credentials, including your current
employment.
I am a Registered Professional Engineer in the State of Florida with over 15 years of
engineering experience.
5. Please describe your educational background, with degrees earned, major areas of
study, year of degree, and institutions attended.
I graduated from the University of Florida with a Bachelor of (Civil Engineering)
Science Degree in 1988.
6. Do you hold any professional designations or certifications?
I am a Professional Engineer in the State of Florida, P.E. #47029.
7. Are you a member of any professional associations?
I am no longer an active member of any professional associations.
8. Prior to your current employment, by whom were you employed and in what
position?
I was employed as a Professional Engineer for Agnoli, Barber & Brundage.
9,
Do you consider yourself an expert in civil engineering?
Yes.
10.
Please describe your experience with civil engineering relating to community
development districts ("CDDs") and special districts.
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Agenda Item No. 8A
October 24, 2006
Page 67 of 85
1 have provided engineering services to several CDDs throughout my career. I currently
serve or have served as CDD Engineer for the Cedar Hammock CDD, Parklands West
CDD and the Lee Parklands CDD.
Do you consider yourself an expert in civil engineering, capable of rendering expert
opinions on CDDs, and specifically on infrastructure for CDD services?
Yes.
What has been your role with respect to the Petition to Establish ("Petition ") City
Gate Community Development District ("Falls of Portofino CnD")?
My firm has provided civil engineering and consultation services to the proposed CDD.
Are you familiar with the Petition filed to establish Falls of Portofino CnD?
1 have reviewed the Petition and its attachments, and I am familiar with the materials.
Have you reviewed the contents of the Petition?
Yes.
Are there any changes or corrections to the Petition at this time?
No.
Are there any changes or corrections to any of the exhibits attached to the Petition
at this time?
No.
Are you generally familiar with the geographical areas, type, and scope of
development and the available services and facilities within Falls of Portofino enD?
Yes. I am familiar with the area within Falls of Portofino CDD ("CDD Area"). I am
also familiar with the services and facilities available within Falls of Porto fino CDD.
Please provide us with a brief description of Falls of Portofino CDD boundaries and
location?
The proposed Falls of Portofino CDD is 68::l:: acres, as described by the sketch contained
in the Petition. It is located approximately one (1) mile west of Collier Boulevard,
immediately north of Vanderbilt Beach Road and immediately west of the Island Walk
DR!.
19.
Please describe Exhibit "1" (i.e., location map); Exhibit "2" (sketch and metes and
bounds legal description of the boundaries of District); and Exhibit "3A-3C" (i.e.,
map of the proposed stormwater sewer interceptors and outfalls, map of proposed
water mains and force mains, and the map of the existing infrastructure) of the
Petition.
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Agenda Item No. 8A
October 24,2006
Page 68 of 85
Exhibit I shows the location of the CDD Area within Collier County.
Exhibit 2 - is a sketch of the 68:1: acres dated March 29, 2005, and describes lands to be
included in Falls of Porto fino CDD.
Exhibit 3A-3C - are maps prepared by Banks Engineering, Inc. showing the master water
management plan, the conceptual master potable water distribution plan, and the
conceptual wastewater collection plan.
20. Are the contents of the Petition and the exhibits attached to it true and correct to
the best of your knowledge as ofthe date your prepared testimony is filed?
Yes.
Let me ask you a few questions about certain opinions you may have based on your experience
with enDs, civil engineering, real estate development, and the development of lands within Falls
of Portofino enD in particular.
21. Based on your experience, do you have an opinion as to whether the proposed Falls
of Portofino eDD is of sufficient size, sufficient compactness, and sufficient
contiguity to be developed as a functionally interrelated community?
Yes.
22.
What is your opinion?
Based on my previous experience and review of the Petition and exhibits thereto, the
proposed Falls of Portofino CDD is of sufficient size, compactness and contiguity to be
developed as a functional interrelated community.
23.
What is the basis for your opinion?
A "community" should be defined as a group of individuals who are linked by common
social, political or economic interest. Community governments provide people with
those facilities and services they desire to have in the community. These involve the
need for acceptable shelter and security for the welfare of the community as well as the
physical elements including the land uses, roads, park/open spaces and other public
facilities and services which lend comfort and convenience to the members of the
community. These elements relate to each other to make the community function.
From the planning perspective, the term "functional interrelated community", means that
each community function has mutual relationship to the other. Each function must be
designed to contribute to the development or maintenance of the larger whole, or as used
here, the community. Using the understanding outlined above of a "functional
interrelated community", I can determine whether the actual physical area of the District
would function to provide infrastructure to the proposed community development raises
any problems as to size, compactness or contiguity.
The size of the land area for the community development is approximately 68 acres. In
my opinion, the size is sufficient to accommodate the. permitted land use and the
required, interrelated infrastructural facilities and services, and is therefore adequate to
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Agenda Item No. SA
October 24, 2006
Page 69 of 85
meet the intended purpose of the development. In addition, the size is sufficient to
operate as a community because it has been master planned to be efficient in land
utilization, to provide for all land uses necessary to be physically, and socially self
sustaining.
The tenn "compactness" is related to the closeness in distance betv.reen the lands within
the development. Having reviewed the District, I find that the development area within
The Falls of Portofino CDD is very compact and has no major obstacles separating the
land uses. In my opinion, therefore, the land area within the proposed community
development which the District would service is sufficiently compact to be a functional
interrelated community.
Contiguity is another spatial tenn which describes lands which are adjacent, where all
areas in actual contact or are separated by no more that a road or street. The land area
which will be services by The Falls of Portofino Community Development District is, I
believe, sufficiently contiguous to be a functional interrelated community and allows for
the efficient provision of infrastructural systems, facilities and services.
Based on your experience, do you have an opinion as to whether Falls of Portofino
cnn is the best alternative available to provide community development services
and facilities to the area that will be served?
Yes.
What is your opinion and the basis for it?
From a planning prospective there are three alternative ways to provide basic systems,
facilities and services to the community development on this property in Collier County.
The first is private, through developer managed improvements, separate private
infrastructural contractors, a private utility company, a homeowner association, or any
combination of these private means of providing community development services and
facilities along with related financing powers. The second alternative is public either
through County management and financing through dependent districts, or through
County management with fmancing by the use of County Municipal Service Taxing
Units (MSTU), or County Municipal Service Benefit Units (MSBU). Finally, the third
alternative is also public but through the specialized but limited Community
Development District provided for by Chapter 190, Florida Statutes, which coincides
with both public and private interests and capabilities.
Planning considerations needed to detennine the best alternative to deliver basic
infrastructure to community developments are the following: whether the alternative is
able to provide the highest quality systems, services and facilities; whether the
alternative is capable of delivering the facilities, system and services in a timely manner
when the community development service and facility demand occurs; whether the
alternative has a means of management to be responsive to the community development
over the long tenn; and whether the alternative could obtain and maintain long-tenn
financing to facilitate the management benefits.
The supply of infrastructure in advance of the impacts of the actual development,
concurrency, is an importation consideration. In this regard, it is vital to have an
understanding of the community development infrastructure commitments during the
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Agenda Item No. SA
October 24, 2006
Page 70 of 85
master planning process to properly and efficiently phase the construction of the
community development facilities. This allows a full utilization of facilities before new
branches of these facilities are constructed. The statutory District reporting mandates
can be utilized by Collier County as a concurrency management mechanism to
implement applicable provisions (i.e., Future Land Use Element, Capital Improvement
Element, etc.), of its Growth Management Plan. The Community Development District
alternative means of providing community development systems, facilities and services
allows for a superior cooperative concurrency management program between the county
general purpose government and the District special purpose local government and the
private landowner and developer.
26.
Based on your experience, do you have an opinion as to whether the services and
facilities to be provided by Falls of Portofino enD will be compatible with the uses
and existing local and regional facilities and senices?
Yes.
27.
What is your opinion and the basis for it?
I have reviewed the land area on which the District will be established to determine if
there are an regional systems, services or facilities which through their existence may be
problematic related to District functions, and found no such facilities. Therefore, no
problems would be created.
Further, by legislative mandate all actions and implementation of any or all of the
District powers are governed by and must not inconsistent with Collier County's
Comprehensive Plan. This insures compliance with Collier County land development
regulations and concurrency requirements.
Based on your experience, do you have an opinion as to whether the area to be
included within Falls of Portofino enn is amenable to being served by a separate
special district government?
Yes, I do. It is my opinion that the area designated to be included in Falls of Portofino
CDD is amenable to continued existence as a separate special district government.
What is the basis for your opinions?
I have reviewed information about the District from this prospective and have
determined that the terminology "separate special district-governance" means
governance, established by law through petition and votes by the Board of County
Commissioners, with limited infrastructure management special functions and related
powers to levy taxes to special assessments and issue bonds within a legally defined
geographical area. The District, if established, would be a special district government.
The term "amenable" can be defined to be an appropriateness for accountability, or
responsive.
Having determined that the land area is of sufficient size, and is sufficiently compact and
sufficiently contiguous to be functional as an interrelated community, I then considered
whether that land area is also amenable to being. governed by the Community
Development District as set forth in its uniform charter to Section 190.006 through
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Agenda Item No. 8A
October 24, 2006
Page 71 of 85
190.041, Florida Statutes. I have reviewed this subject from the potential exercise by the
District of any and all of its special powers in that charter.
In my opinion, the land area for the District is amenable to special district governance
because the land area proposed to be established as a District has the need for the
services and would benefit from the facilities that the special district would provide and
though my previous findings, the land area is sufficient size, sufficiently compact and
contiguous to be a functional interrelated community.
Turning now to the state and local comprehensive plan criteria of Section
190.005(1)(e)2., do you have an opinion as to whether the establishment of Falls of
Portofino CDD is inconsistent with any applicable element or portion of the State
Comprehensive Plan?
Yes.
What is your opinion?
It is my opinion that the establishment of Falls of Porto fino COD is not inconsistent with
any applicable element or portion of the state comprehensive plan.
What is the basis for that opinion?
I have reviewed, from a planning perspective, the State Comprehensive Plan, particularly
those portions which relate to CDDs. The State of Florida Comprehensive Plan (Chapter
187, Florida Statutes) "provides long-range policy guidance for the orderly social,
economic, and physical growth of the state." From a planning perspective, four subjects,
subject 15, 20, 25, and 17 of the State Comprehensive Plan are relevant to the
establishment ofa COD.
What is Subject 15 and why is it relevant?
Subject 15, entitled Land Use, recognizes the importance of locating development in
areas that have the fiscal abilities and service capacity to accommodate growth in an
environmental acceptable manner. It is relevant because COOs are designed to provide
infrastructure services and facilities in a fiscally responsible manner to the areas which
can accommodate development. The establishment of Falls of Portofino CDO will not
be inconsistent with this goal because Falls of Porto fino COD will have the fiscal
capability to provide the specified services and facilities within its boundaries.
Some environmentally sensitive areas are located within the CDD area. These wetland
areas are mostly being preserved and enhanced and incorporated into the development
plan to help protect natural resources, water supply and wildlife habitat.
34.
What is Subject 20 and why is it relevant?
Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan provides
that governments shall economically and efficiently provide the amount and quality of
services required by the public. The proposed Falls of Porto fino CDD will be consistent
\vith this element because the proposed Palls of Porto fino CDD \viIl continue to:
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Agenda Item No. 8A
October 24, 2006
Page 72 of 85
(i) cooperate with other levels of Florida government;
(ii) be established under uniform general law standards as specified in
Chapter 190, Florida Statutes;
(iii) be professionally managed, financed, and governed by those whose
property directly receives the benefits;
(iv) not burden the general taxpayer with costs for services or facilities inside
Falls of Porto fino CDD; and
(v) plan and implement cost efficient solutions for the needed public
infrastructure and assure delivery of selected services to residents.
You also mentioned Subject 25. What is this and why is it relevant?
This subject calls for systematic planning capabilities to be integrated into all levels of
government throughout the state, with particular emphasis on improving
intergovernmental coordination and maximizing citizen involvement. The proposed
Falls of Porto fino CDD will be consistent with this element of the State Comprehensive
Plan because:
(i) the proposed Falls of Portofino CDD will systematically plan for the
construction, operation and maintenance of the public improvements and
the community facilities authorized under Chapter 190, Florida Statutes,
subject to and not inconsistent with the local government comprehensive
plan and development regulations;
Oi) Falls of Porto fino CDD meetings are publicly advertised and are open to
the public so that all Falls of Portofino CDD property owners and
residents can be involved in planning for improvements. The CDD
maximizes citizen involvement and planning of services needed and
provided within the District.
(iii) Florida Statutes, requires Falls of Porto fino CDD to file and update
public facilities reports with the County, which it may rely upon in any
revisions to the local comprehensive plan. These reporting requirements
comply with the monitoring and enforcement requirements of the State
Comprehensive Plan.
Are there any other subjects within. the State Comprehensive Plan which are
relevant?
Yes, Subject 17 entitled Public Facilities. The applicable goal and policies of Subject 17
relate to (i) protecting investments in existing public facilities; (ii) providing financing
for new facilities, (iii) allocating the costs of new public facilities on the basis of the
benefits received by future residents; (iv) implementing innovative but fiscally sound
techniques for financing public facilities; and (v) identifYing and using stable revenue
sources for financing public facilities. In my opinion the Falls of Porto fino complies
with the goals and policies of Subject 17.
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Agenda Item No. 8A
October 24, 2006
Page 73 of 85
Do you have an opinion, as someone with expertise in planning, as to whether the
establishment of Falls of Portofino CDD is inconsistent with any applicable element
or portion of the Collier County Comprehensive Plan?
Yes.
What is that opinion?
The establishment of Falls of POliotino COD is not inconsistent with any applicable
element or portion ofthe Collier County Comprehensive Plan.
Chapter 190, Florida Statutes, prohibits any community development district from acting
in a way inconsistent with the local government's comprehensive plan, and the
exercising of any power must be done with the comprehensive plan in mind. Thus, any
activities of the CDD must be in compliance with County procedures and the use of
those powers granted to the CDO does not make it inconsistent with the local Collier
County Comprehensive Plan. I have examined the Future Land Use Element (FLUE) of
the Collier County Plan and the proposed land uses within the proposed COD are
consistent with the authorized uses contained in the FLUE. Furthermore, the
development within the Falls of Portofino is subject to local zoning ordinances and
development approvals which further assure compliance with local Comprehensive Plan
requirements.
Does this conclude your testimony?
Yes.
8
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Agenda Item No. SA
October 24,2006
GREENFIELD PA P'FlA'GJt 4 g~ 85
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1ICORDlD in O!lIC!AL RlCOUS oficaf,UU eOl!l1'lY, n.
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THIS WARRANTY C15ED made this -L- ~ly of ~ .2004, by
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authority to protec~ conserve, sell, lease, encumber or to otherwise manage and dIspose oftheirea1 propefu'
described herein. as provided in F. S. 689;071 '
whose post office address is clo 4D9STamiaml Trail, Nt Naples. Flori(ia 34 ~ 03. hereinafter called the Grant9r.
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PRIME HOMES AT PORTOFINO FAll-S, L TO., a Florida Ifmitad partnershIp,
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called the Grantee; ; ;
WITNESSETH: That the Grantor, for and in oonslderation of the sum of Ten Dollart ($10.00) and
cthervaluable considerations, reoeiptwhereofls hereby acknowledged, hereby grants. bargain$, sells, afie/1s,
remises, releases, conveys and confirms unto !he Grantee all that certain land, sltuate In Collier, County I state
of Florida, vlz: 'i '
see attaChed ExhibIt r~A"
SUBJECT TO EASEMENTS, RESTRICTIONS AND RES~RVArIONS OF RECOR,D.
THIS PROPERTY 1$ NOT NOW NOR HAS EVER BEEN THE: HOMCSTEAD OF GRANTOR.
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TOGETHER with all the tenements, hereditaments and appurtenances thereto belongin9 or in
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TO HAVE AND TO HOLO the same in feEl Simple forev.er,.. :: ".'
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AND the Grantor hereby covenants with said Grantee th~4he GC~I;'tO( it,'l<twfo1Iy seded of saId land
is fee simple; ,that the Grantor has ~ood right and lawful s';lllidrit:(t,\,s,l;!.lIJih9 cori\:.ey ~aid lard, and hereby
warrants the. title to saId land and Will defend the same against t1jeJawf.I,d claims Of all pel'$onsWho/'TlSoover;
and that said land is free of a/l encumbrances. except tax~s acdi{Jing:stlbseqoent tb DeCem.ber 31 1999,
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IN ~rNESS WHEREOF, the said Grantor. ~as s~.ned.and saaled,th.fse, pr.e~ahts trye day and rear
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Agenda Item No. SA
October 24, 2006
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OR: 3659 ~G: 1043
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MARK L LINPNE~rustce under unrecord~d
land trust, dated January 4. 1999 .
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. (1/6
STATE OF FLORlpA~
COUNTY OF ~ /71.... .
The foregoing ins\rument was acknowl~ged befDre me- this 1~a~ ot..!f.-Lt!..!i:tJ-t/>., ,
2004, by Mark L. Undner, Trustee, who is Qer:sonaUr .known to: me, OR who produqed
as identification. and who did! ot take an oath. ~ ;
~'~ DEBORAH K LEWIS L~
MY COlJMLSS10N" DO 2~ ~,_tary'~U
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Agenda Item No. SA
October 24, 2006
GREENFIELD PA . ~~ 7~~f 85
*~* OR: 3659iPG: 10~4 ~tt
5613'326965
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EXHIBIT A
The South onE~..nalf ($ %) of the Soul:.heast one-quarter (SE 1/4) of the $outhwestone-quarte,r (SW 1/4) IOf.
Section 34. Township 48 SOl,lth, Range 26 East, of Collier County, Florida; lass the road right-of-wev for.
Vanderbilt Road. .!
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Book 2730 - Page 229
Prepared ...iwout opinion by:
Melinda P. Riddle. Esq.
2500 S. Airpon Road. SIC. 31L
Naples. Florida 34112
tit 2698793 OR: 2730 PG: 0229 tit
~CORDID is omCIAL UCOlD$ of tOLUn CO~ll1T, lL
H!WlDCO at Dl:1I7<< Ol'rm I. BRot'l, mu
RBC m 6.00
DOc-. 10 .1&
Rum:
X1LnDA P RIDDLJ
2500 A!APOlT lD S 1m
RlJUS lL 34m
WARRANTY DEED
THIS lND9ITURE. made lhis --lli!L day of ~. 2000. be/ween
Gerardo Allmto MederllS an.! Danis I.uiss Mcdem.. husband and wife,
GRANTOR. ll1lcl Danla 1,uL'B Mcdrrtl.., l"n1!<tCCo nf Ihe Dania Mederos
Revocable Trust dated AUlluSl 15. WOO. who.. Sociol Sc:urily Number is 267-1I-627S (DLMI, and .....h= roSI
office adores.. is 698 Spring]jn. Drive. Naples, Florida, 34102, GRANTEE.
WITNESSETIl thai said Orantor. for I1ld in consiumtion of !he sum of TEN DOLLARS, and other good
a.'1lI valuable <;Qnsideratioll 10 said Granlor in hand p.,id by said Grantee. Ihe receipl whmof IS herebr
a::kDllwlcdgell, have gTI!llIed, bargained and sold Ulllie said Gramee. and Granlee's heirs and wigns forever. Ihe
following described land. shuat., Iymg and bcil1!; in Collier COUDlY, Fionda, to-wir: .
The Sowh half of the Nonh~ilS\ quaner of Ihe. Southwest. quaner of Sel:lion 34, TowlUhip 48
Saulh. Ran[!.e 26 EaJ;1; SubjeCl !O ".isling =llk~ion. and f""crYPtions of rcetlrd: lIIIc1 SUt.j<<=1 10
a.n cas::mclIL for pubticroad righl-liI-woy ovcr:l!1d :ll:rUSS tbe EI\<I3>J fcctlhercof, Collier Caunll'.
Florida,
Subjc;[ 10 ellScmenls and reslrictjoM commnn 10 [he subdi~ision: and rClll eSlale tax.~s for ~.:!lf"()
ProperTY IdentiflCalion Number O[1~ 0 tL'I t7(:l(J,f
and said Grantor docs hereby fully wan-amIDe tille [0 said land. and will defend the same against the lawful clalms
III aU pcrsoos whomsoever.
This. is a convey.nee 10 Grullor's Revocable'Tnt.>I; minimum documentPI)' slamps are affi~ed.
IN WITNESS WHEREOF. 1hc Gramor has hmunlo set Gramor's hand and seal the day and year fim
above wrillen. .
Siined. se<lle:l and delivered
in our p=nCC';
~'.J'\ f ~\ ~ :...L.
Wi =8'1
Print nol1'.eladdress beloW
.J..<~i:!.t!l~t{; ///I!-~./It ));;:r!r.:'/IV
Priul name/address below
GerarUo Albeno Mederos
698 Springline Drive
Napk" Florido 34J02
~l')~~ 6UVi )~VCk:ff)
Prim lIamcladdress below
Ganio Luisa Mederos
698 Springlinc Drive
Naples, Florida 34102
STATE Of FLORIDA
COUNTY OF COLLIER
THE FOREGOING inslnmr-nr was acl;nowll:dgeli !>efore me this IS \ V> day of I ~""""v. . f .2000,
by Gerardo Alberlo Medel1lS and DaniB Luisa Mederos, husband and wife. who lIe personally bown to me or
.....~Ye~-rln:ir dri='i Ii~ ~ i<lentiti:aritrn 2I11d who did 1101 take an oalb.
My Commission expire.;
"" \..k \ Y ~1....\,.'I4-
Notary\Public
(Notary Se2l)
(print na...c II<low)
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f.f'6r,o~ ).I't COMMIS5'OI>- ) r.r i-;ms
~~~f !;.XPiR.ES JlNoJ'r~i ~\I)..!
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http://www.collierappraiser.comlviewerlImage.asp?
Agenda Item No, SA
, October 2'b2.Q..0f3 of 1
Page 7t't5t8t5
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9/30/200~
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Book 3537 - Page 1015
Agenda It~m No, 8A
~ Octobe:r 2~amoll of 11
: Page 78 0185 :
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3375194 OR: 13537 PG: 1015
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UCORDJD 111 OlUenT. UCO~S of COLLpl COllin, !L
OI/07/Z00! at '10:341. PiI~ I. SROC~, CUU
j eOls: 133281t I 00
RlC '" la.SO
DOC.l1O '9330.30
ieu:
GOODUm COLIDl If A{,
lUOl !1KIlKI !l I 1300
IlPLU lL ~m3
TRUSTEE'S DEED
THIS DEED, is made on this 31 day of March, 2004~ between ~L. HOPVER,
individually and as Trustee of the Wolfe Ridge Land Trust ulald July 30t 2001 (thb: "GrantorU), and
WOLF CREEK. ESTATES, LLC, a Florida limited liability company (the "Granteelt), wh~se post
office address is 3875 Airport Road North, Suite B-1, Naples,;FL 34105. . ;
Grantor, in consideration of the sum ofTEN AhTD NOIlOO DOLLARS ($10.00) arid other
good and valuable considerations to said Grantor in hand paid by Grantee, the receipt and suf(iciency
ofwmchis hereby acknowledged, has granted, bargained and sold to ihe said Gran~ee and ~tet;'s
heirs, successors and assigns forever, the following described property, situated, I~g and ~eing in
Collier CQunty, Florida, to wit ' ~
North 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 3,4.
Township 4'8 South., Range 26 East, all in Collier County. Flori~
. ,
Collier County Tax Folio Number: 00203600003
SUBJECT TO: (a) real estate taxes for the year 2004 and subsequent ~ears; (b):
special assessments levied by governmental authority (0) zoning, building code and!
otheruse restrictions imposed hy governmental authority. (d) outstanding o~, gas and;
mineral interests of record. if any and (e) restrictions,. reservations and ~asements!
common to the subdivision, if any. : ;
Grantor represents and warrants that neither him nor his spouse or any minor c~ld thereo~ resides
on the above described property or adjacent thereto and in fact resides at 5690 WaxmyrtI~ Road,
Naples, FL 34109 and that the above des.crib-ed property does: not constitute the ihomestea~ of the
: I I
Grantor. : !
And said Grantor does herehy fully warrant the title to said land, and vdlJ defend ~e same
against the lawful claims of all persons claiming by, through or under Grantor, 9ut no otherf. .
http://www.collierappraiser.com/viewerlImage.asp?
ThIs lnsaumellt Prepared By; I
GregDry L, Urbazkic. Esq. .
Good1~tn:. Col~tniu & l0hns0n; P.A.
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Book 3537 - Page IOl7
Agenda Item No. 8A
I October 24. 2006 ,
. Page 7f~gel1 of Ii
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3375195 OR: j3537 p~: 1017
UCORDID in omCIAL neOns of COLL1Il counr, lL I
04/07/20Dt at. 1&:3~lK DirGE! I.. B10CJ, CLERK !
, ! CO'I mms, DO
I DC,U 10.5~
DOC~. 70 m<<.30
tatu:
GOODUm COlJlIAIlJ 1L ;
4DO.l !lII!II n I 130~ '
n~s rr. 31101
TRUSTEE'S DEED;
THIS DEED. is made on this ..3..L day of March. 2004, between W1J..Ll!\M L HC~OVER.,
individually and as Trustee of the W olfCreekLand Trust dated the 2ea ~y ofJuly, 200l.. (the "Gqmtor').
and WOLF CREEK ESTATES, LLC, a Florida limited liability cOmpany (the rrGranteetl), whqse post
office address is 3875 Airport Road North, Suite B-1, Naples,FL 34105. '
Grantor, in. conSideration of the sum ofTEN AND NOll 00 DOLLARS ($10.00) ~d other
good and valuable consi derations to said Grantor in handpaid by Grantee, the receipt and sufficiency
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ofwIDch is hereby acknowledged, has granted, bargained and SQld to the said Grantee and Grantee's
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heirs, successors and assigns forever, the following descnoed property, situated, lying and bemgin
Collier County, Florida, to wit: : '
The South 1/2 of the Southeast 1/4 of the Northwest 114 of Section ~4.
To'WIlSbip 48 South, Rmlge 26 East, subject to an easement for public rriad
right-of-way over and across the East 30 feet thereof and the South 30 f~
thereof, Public Records of Collier County, Florida~ !
AND
The South. V2 of the Soufuwest 1/4 of the Northwest 1/4 of Section 34,
Township 48 South, Range 26 East, subject to an easement for public rqad
right-of-way over and across the South 30 feet and the W cst 30 feet thereof,
all in Collier County, Florida. :
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Collier County Tax. Folio Numbers: 00203800007 and 00204360009
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SUBJECT TO~ (a) real estate taxes for the year 2004 and subsequ.ent!years; (b)
special assessments levied by governmental authority (c) zoning, building code an4
otheruse restrictions imposed by governmental authoritY; (d) outstanding ~ilt gas and,
mineral interests of record, if any and ( e) restrictions; reservations and easement$
common to the subdivision, if any. ' ,
~ 1o:>tzum= ~ By: :
Gregory L. urbaDeic, Esq. ;
Goo.:Ileae. Coleman &..Tohmon; P.A.
4001 TlW1i=l Trail Nordi, SW}e 300
Naples. FL 3410~ .
\12.4.c:x.:.,
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1
http://www.collierappraiser.comlviewerlImage.asp ?
ORDINANCE NO. 06-
Agenda Item No. 8A
October 24,2006
Page 80 of 85
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING PORTOFINO FALLS
COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE
EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL
MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; NAMING
THE DISTRICT; PROVIDING STATUTORY PROVISIONS GOVERNING
THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Prime Home Builders, has petitioned the Board of County Commissioners
(Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the
Falls of Portofino COMMUNITY DEVELOPMENT DISTRICT (District); and
WHEREAS, the Board of County Commissioners, after proper published notice has
conducted a public hearing on the petition and determined the following with respect to the
factors to be considered in Section 190.005(1)(e) Florida Statutes, as required by Section
190.005(2)(c), Florida Statutes:
1. The petition is complete in that it meets the requirements of Sections 190.005
(1)(e) 2., and 190.005(2)(a), Florida Statutes; and all statements contained within
the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable
element or portion of the local comprehensive plan of Collier County, known as
the Collier County Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
4. The District is the best alternative available for delivering community
development services and facilities to the area that will be serviced by the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government; and
WHEREAS, it is the policy of this State, as provided for in Section 190.002 (2) ( c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and permitting of the development to be serviced by the district, to
ensure that neither the establishment nor operation of such district is a development order under
Chapter 380, Florida Statutes, and that the district so established does not have any zoning or
permitting powers governing development; and
WHEREAS, Section 190.004 (3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
Agenda Item No. 8A
October 24,2006
which is inconsistent with app]icable comprehensive plans, ordinances, or regulations of the Page 81 of 85
applicable local general-purpose government; and
WHEREAS, pursuant to Section 190.012, Florida Statutes, upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seek consent from Collier County for the grant of authority to exercise special powers without
question as to the continued right authority and power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AUTHORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other
applicab]e provisions of law governing county ordinances.
SECTION TWO: ESTABLISHMENT OF THE FALLS OF PORTO FINO
COMMUNITY DEVELOPMENT DISTRICT.
The Falls of Portofino Community Development District is hereby established within the
boundaries of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1.
Linda Socolow
21218 St. Andrews Blvd., #510
Boca Raton, Florida 33432
3.
John Nelson
21218 St. Andrews B]vd. #5]0
Boca Raton, Florida 33432
2.
Loraine Vanella
21218 St. Andrews Blvd., #5]0
Boca Raton, Florida 33432
4.
Joanna Fish
21218 St. Andrews Blvd. #510
Boca Raton, Florida 33432
5. Laura Cadiz
212]8 St. Andrews Blvd.. #510
Boca Raton, Florida 33432
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Falls of Portofino Community Development District."
SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT
The Falls of Portofino Community Development District shall be governed by the
provisions of Chapter 190, F]orida Statutes, and all other applicable general and local law,
SECTION SIX:
CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Falls of Portofino Community
Development District will be duly and legally authorized to exist and exercise all of its general
2
Agenda Item No. 8A
October 24, 2006
powers as limited by law; and has the right to seek consent from the Collier County Board of Page 82 of 85
County Commissioners for the grant of authority to exercise special powers in accordance with
Section 190.012(2), Florida Statutes, without question as to the district's continued right,
authority and power to exercise its general powers as established by this Ordinance. The District
Board's authority to exercise special powers may include the power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for: (i) parks and facilities for indoor and outdoor recreational, cultural, and educational
uses; and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the District may not exercise any police power, but may contract with the appropriate
Local general-purpose government agencies for an increased level of such services within the
District boundaries; all as authorized and described by Section 190.012(2), Florida Statutes.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in
the foregoing Recital setting forth Petitioner's Commitments, re-stated as follows: that the
Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five
member Board of Supervisors at such time as residents begin occupying homes in the District,
and (2) record a Notice of Assessments containing the specific terms and conditions of any
special assessments imposed to secure bonds issued by the District, which notice shall be
recorded immediately after any such bond issuance. The Board shall retain any and all rights
and remedies available at law and in equity to enforce Petitioner's Commitments against
Petitioner, its successors and assigns.
SECTION EIGHT: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. lfany phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION TEN:
EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
3
PASSED ON DULY ADOPTED by the Board of County Commissioners of Collier County.
Florida, this _ day of _, 2006
ATTEST: DWIGHT E. BROCK
BOARD OF COUNTY COl\.1MISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:_._______________
Frank Halas, Chainnan
",.._____W"..._...~,.~ .
, Deputy Clerk
4
Agenda Item No. 8A
October 24, 2006
Page 83 of 85
LAW OFFICES
Agenda Item No. 8A
October 24, 2006
Page 84 of 85
& ANDERSON, P.A.
BILLING, COCHRAN, HEATH, LYLES, MAURO
GREGORY T. ANDERSON
CLARK .J. COCHRAN. .JR.
W. TUCKER CRAIG
SUSAN F. DELEGAL
HAYWARD D. GAY
THOMAS C. HEATH
GREGORY M. KEYSER
GERALD L. KNIGHT
DENNIS E. LYLES
.JOHN W. MAURO
KENNETH W. MORGAN. JR.
8RUCE M RAMSEY
KEVIN M. VANNATTA
POST OFFICE 80X 21627
FORT LAUDERDALE, FLORIDA 33335-1627
HAL 8. ANDERSON
MICHAEL V. BAXTER
ERIC P. CZELUSTA
VIVIAN H. FAZIO
CAROL J. HEALY GLASGOW
JUSTIN D. GROSZ
KERA E. HAGAN
DANIEL L. LOSEY
ALINE O. MARCANTONIO
KRISTA K. MAYFIELD
SHAWN 8. McKAMEY
JOHN 8. MOORES
MICHAELJ. PAWELCZYK
T. CHRISTINE PEREZ
ANDREW A RIEF
PHILLIP W. THRON
SSS S E. 3RC AVENUE. SUITE 301
FORT LAUDERDALE. FLORIDA 33316
(5154) 764-7150
FAX, (5154) 764-7278
400 AUSTRALIAN AVENUE SOUTH. SUITE 500
WEST PALM 8EACH. FLORIDA 33401
(561) 659-55170
FAX; (561) 659-6173
STEVEN F. 81LLING 0947-1998)
3001 N. ROCKY POINT DRIVE EAST. SUITE 200
TAMPA. FLORIDA 33607
(813) 281-4671
FAX, (SI3) 2851-7748
PLEASE REPLY TO:
FORT LAUDERDALE
September 1, 2006
Board of County Commissioners
Collier County
3301 E. Tamiami Trail
Naples, FL 34112
RE: Petition to Establish District Falls of Portofino Community Development
District (Letter of Purpose)
Members of the Board of County Commissioners:
In connection with the pending Petition to Establish the Falls of Portofino Community
Development District, we have been asked to identify the benefits to Collier County and its
residents that will accompany the establishment of a community development district ("CDD")
for the Falls of Portofino community. These benefits include the following:
1. The CDD will provide and maintain certain public infrastructure for the Falls of
Portofino community. For example, the CDD will own the stormwater
management system serving the community, and, therefore, neither Collier
County nor other public agency will be responsible for the maintenance of such
infrastructure.
2. Only the residents of the Falls of Portofino community, who will be benefiting
from the CDD financed infrastructure serving the Falls of POliofino community,
will pay for such infrastructure. Thus, the public generally will bear no financial
burden relating to the costs of installing such infrastructure.
3. Throughout the State of Florida, the establishment of CDDs has typically resulted
in high quality, well-managed communities having a well-maintained
Members of Board of County Commissioners
September 1, 2006
Page 2
Agenda Item No. 8A
October 24, 2006
Page 85 of 85
infrastructure. The existence of such high quality, well-managed communities
benefits the residents of those communities, as well as the residents of
surrounding communities and the public generally.
4. The CDD will fund and maintain landscape buffers along Vanderbilt Beach Road
and Pristine Drive (public roads). The CDD will also contribute to construction of
turn lane(s) and traffic signalization improvements at the intersection of
Vanderbilt Beach Road and Pristine Drive, if determined appropriate as a result of
the pending traffic analysis concerning these roadways. These landscaping and
road improvements will benefit the residents of the Falls of Portofmo community,
as well as the residents of surrounding communities and the traveling public
generally.
Accordingly, Collier County and its residents will benefit from this the establishment of
the Falls of Portofino Community Development District. Should you require fmiher
information, please do not hesitate to contact our office. We will also be available to answer
questions at the public hearing by the Board of County Commissioners scheduled for October
10, 2006, on the Petition to Establish the Falls of Portofino Community Development District.
cc: James V. Mudd, County Manager
Marcia Kendall, Senior Planner
Comprehensive Planning Department
{00004496.DOC \'.2 8/28/2006 09:15 AIv!}
Agenda Item No. 88
October 24,2006
Page 1 of 156
,-
SUPPLEMENTAL
EXECUTIVE SUMMARY
Petition: PUDA-2005-AR-8832, Creekside West, Inc., represented by D. Wayne
Arnold, AICP, of Q. Grady Minor & Associates, P.A., and R. Bruce Anderson,
Esquire, of Roetzel & Andress, L.P.A., requesting a PUD Amendment to the
Creekside Commerce Park PUD. This amendment proposes to reduce the area of the
Creekside PUD by approximately 2.32 acres and rezone the area from Creekside
Commerce Park PUD to Naples Daily News Business Park PUD. The subject
property, consisting of 105 acres is located in Section 27, Township 48 South, Range
25 East, Collier County, Florida. (This application is being submitted simultaneously
with the Naples Daily News Business Park PUD and qualifies for the Fast-Track
Review Process)
Companion Item To PUDZ-2005-AR-8833
PROJECT STATUS:
The Board of County Commissioners (BCe) originally heard and approved for this petition on
September 12, 2006. The Executive Summary that was prepared that hearing has been included
in the information provided for this hearing.
-
At the September 26, 2006 BCC hearing, the BCC approved a motion to reconsider PUDA-
2005-AR-8832 Creekside Commercial Park PUD and PUDZ-2005-AR-8833 Naples Daily
News. The BCC requested that these petitions be advertised and heard at the October 24, 2006
BCC meeting.
SUPPLEMENT AL ANALYSIS:
The applicant's agent has not provided staff with additional information or any modifications to
this petition. The applicant's agent will be providing information as part of the oral presentation
at the October 24, 2006 BCC meeting.
PREPARED BY:
Michael J. DeRuntz, Principal Planner
Department of Zoning & Land Development Review
-
CREEKSIDE COMMERCIAL PARK PUD, PUDA-2005-AR-8832
Page 1 of 1
EXECUTIVE SUMMARY
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8B
October 24. 2006
Page 2 of 156
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
88
This Item to be heard at 1 30 P m This Item was conlonued trom the June 20. 2006 BCC
meeting. the September 12, 2006 BCC meellng and the September 26, 2006 BCe meellng
This Ilem requires that all participants be sworn in and ex parte disclosure be provided by
Commission members PUDA-2005-AR-6832, Creekside West. Inc, represented by D.
Wayne Arnold, AICP, of Q Grady Monor & Associates, P A, and R Bruce Anderson,
Esqulfe. of Roetzel & Andress. LP A. requestong a PUD Amendment to the Creekside
Commerce Park PUD. This amendment proposes to reduce the area of the Creekside PUD
by approximately 2.32 acres and rezone the area from Creekside Commerce Park PUD to
Naples Daily News Business Park PUD. The subject property consisting ot 105 acres IS
located In Sectlor, 27, Township 48 South, Range 25 East, Collier County. Florida. (This
application IS being submitted simultaneously With the Naples Dally News Business Park
PUD and will be conSidered a Fast-Track) (Petitioner's request.) (Companion Item to: PUDZ-
2005-AR-8833)
10124/20069:00:00 AM
Date
Approved By
Donald L. Scott
Transportation Services
Transportation Planning Director
Transportation Planning
10f6/2006 2:17 PM
Date
Approved By
Constance A. Johnson Operations Analyst
Community Development & Community Development &
Environmental Services Environmental Services Admin.
10f9/2006 8:38 AM
Approved By
Date
Marjorie M. Student-Stirling Assistant County Attorney
Approved By
County Attorney COllnty Attorney Office
10110f2006 10:15 AM
Susan Murray, AICP
Date
Community Development &
Environmental Services
Zoning & Land Development Director
Zoning & Land Development Review
10110f2006 4:23 PM
Date
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Zoning & Land Development Review
10f1012006 8:57 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Senrices
Community Development &
Environmental Services Adrninstrator
Date
Community Development &
EnvIronmental Services Admin.
1 0111f2006 9:56 AM
Date
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management 8. BlJdget
10/11120062:36 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
1 Of11f2006 4:25 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10111120064:30 PM
Agenda Item No. 8B
October 24,2006
Page 3 of 156
EXECUTIVE SUMMARY
Petition: PUDA-2005-AR-8832, Creekside West, Inc., represented by D. Wayne
Arnold, AICP, of Q. Grady Minor & Associates, P.A., and R. Bruce Anderson,
Esquire, of Roetzel & Andress, L.P.A., requesting a PUD Amendment to the
Creekside Commerce Park PUD. This amendment proposes to reduce the area of the
Creekside PUD by approximately 2.32 acres and rezone the area from Creekside
Commerce Park PUD to Naples Daily News Business Park PUD. The subject
property, consisting of 105 acres is located in Section 27, Township 48 South, Range
25 East, Collier County, Florida. (This application is being submitted simultaneously
with the Naples Daily News Business Park PUD and qualifies for the Fast-Track
Review Process)
Companion Item To PUDA-2005-AR-8833
OBJECTIVE:
To have the Board of County Commissioners (BCe) review staff's findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPe) regarding the above referenced rezone petition and render a decision regarding the
petition.
CONSIDERA TIONS:
Creekside Commercial Park Property Owners Association, Inc., owner of Creekside Commerce
Park PUD (Ordinance 97-5 1) is proposing to amend the existing 108 acre Industrial, Business,
and Commercial Planned Unit Development by cutting out 2.32 acres from the development,
which is planned to be incorporated into the proposed Naples Daily News Business Park Planned
Unit Development (BPPUD) that is adjoining the subject property to the west. The area to be
removed from the existing PUD is located in the northwest comer of the property. This area has
been developed with a perimeter buffer, subdivision entrance signs, Creekside Way, and a storm
water management pond. Besides a revision to the legal description, reduction of the total site
acreage and the area proposed for open space, and the boundary modification to the Conceptual
Master Plan, no other changes have been proposed for the existing Creekside Commerce Park
PUD.
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
Rezone 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
needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order
CREEKSIDE COMMERCIAL PARK PUD, PUDA-2005-AR-8832
Page 1 of 4
EXECUTIVE SUMMARY
Agenda Item No. 88
October 24, 2006
Page 4 of 156
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:
Future Land Use Element: The existing PUD, which allows a variety of commercial and
industrial uses, was approved in 1997; FLUE consistency for that approval is contained in the
Statement of Compliance. This amendment may now be deemed consistent with the FLUE by
certain policies under Objective 5, and via the provision allowing medical offices and other
similar uses within ~ mile of a major medical facility such as North Collier Hospital.
Based upon the above analysis, the proposed amendment may be deemed consistent with the
Future Land Use Element of the Collier County Growth Management Plan.
Transportation Element: The Transportation Services Division has reviewed the Petitioner's
Traffic Impact Statement (TIS) and has determined that the proposed amendment will generate
no additional trips. As a result, this petition is consistent with Policies 5.1 and 5.2 of the
Transportation Element.
Open Space/Conservation: The PUD document indicates that a combination of landscape, lakes,
water management areas, and qualifying open space areas equals 34 percent (36.38 acres) of the
gross land area. The PUD will also achieve native vegetation preservation of re-vegetation
requirements of the LDC by re-vegetation of native species; therefore, the Conservation and
Open Space elements of the GMP will be achieved by the PUD development strategy.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES:
The Environmental Advisory Council did not review this petition because the area being
removed from the existing PUD is under the size threshold (I 0 acres) to reqUIre an
Environmental Impact Statement.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard the Creekside Commerce Park PUD
amendment at its June 15, 2006 meeting. The CCPC voted 4 to 2 to forward this petition to the
BCC with a recommendation of approval subject to the inclusion of staffs recommended
conditions, identified as Conditions.
1. PUDA-2005-AR-8832 approval shall be subject to the approval of PUDZ-2005-AR-
8833.
CREEKSIDE COMMERCIAL PARK PUD, PUDA-2005-AR-8832
Page 2 of 4
EXECUTIVE SUMMARY
i\genda Item No. 88
October 24, 2006
Page 5 of 156
2. The Conceptual Master Plan shall identify the continuation of Creekside Way south to
Creekside Boulevard.
3. The Conceptual Master Plan shall identify the continuation of Creekside Boulevard to
the west, and the PUD document shall make the necessary modification to reflect this
addition.
One Planning Commissioner was concerned that the petitioner provide for affordable housing,
and the other expressed a concern that while the petition may have met the letter of the law, it did
not meet the intent of the law with respect the subject area of Naples Daily News BPPUD having
the required contiguous minimum area requirement, meeting the park like setting, the appendage
portion of the subject property not being a functional portion of the property, the incompatibility
of the proposed use and the maximum building height to the surrounding properties, storm water
mitigation was not adequately addressed, and the lack of sufficient mitigation to off-set the
negative impact to the adjoining properties.
Since this petition did not receive unanimous approval, it IS being placed on the Regular
Agenda.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. The legal
considerations are based upon the listed criteria in Chapter 10.03 .05 and Chapter 10.02.13 of the
LDC. These evaluations are completed as separate documents that are attached as exhibits "A"
and "B" of the staffreport. A summary of the legal considerations and findings are noted below:
. The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
. The proposed land uses are compatible with the existing land use pattern.
. The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety. This project has also been
deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP.
. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private, shall be provided.
RECOMMENDA TION:
That the Collier County Board of County Commissioners (BCe) approve petition PUDA-2005-
AR-8832, subject to the following conditions:
1. PUDA-2005-AR-8832 approval shall be subject to the approval of PUDZ-2005-AR-
8833.
2. The Conceptual Master Plan shall identify the continuation of Creekside Way south to
Creekside Boulevard.
CREEKSIDE COMMERCIAL PARK PUD. PUDA-2005-AR-8832
Page 3 of 4
EXECUTIVE SUMMARY
Agenda Item No. 8B
October 24, 2006
Page 6 of 156
3. The Conceptual Master Plan shall identify the continuation of Creekside Boulevard to
the west, and the PUD document shall make the necessary modification to reflect this
addition.
PREPARED BY:
Michael J. DeRuntz, Principal Planner
Department of Zoning & Land Development Review
CREEKSIDE COMMERCIAL PARK PUD, PUDA-2005-AR-8832
Page 4 of 4
EXECUTIVE SUMMARY
Agenda Item No. 88
October 24,2006
Page 7 of 156
Co~T County
~~
-
-
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 PUDA-2005-AR-8832, CREEKSIDE COMMERCE
PARKPUD
(Companion Item to: PUDZ-2005-AR-8833)
AGENT/APPLICANT:
OWNER:
Creekside Commercial Park Property Owners Association, Inc.
2600 Golden Gate Parkway
Naples, FL 34105
AGENT:
D. Wayne Arnold, AICP
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
R. Bruce Anderson, Esq.
Roetzel and Andress, L.P.A.
850 Park Shore Dr, yd Floor
Naples, FL 34103
REQUESTED ACTION:
The petitioner is requesting a rezone from "PUD" to "PUD" Planned Unit Development
known as the Creekside Commerce Park PUD for the purpose of revising the PUD
document.
GEOGRAPHIC LOCATION:
The subject PUD is located south of Immokalee Road and west of Goodlette Frank Road in
Section 27, Township 48 South, Range 25 East, Collier County, Florida.
PUDA-2005-AR-8832
1 OF 15
Agenda Item No. 88
October 24, 2006
Page 8 of 156
LOCA TION MAP
PUDA-2005-AR-8832
2 OF 15
Agenda Item No. 88
October 24,2006
Page 9 of 156
PURPOSEIDESCRIPTION OF PROJECT:
Creekside Commercial Park Property Owners Association, Inc., owner of Creekside
Commerce Park PUD (Ordinance 97-51) is proposing to amend the existing 108 acre
Industrial, Business, and Commercial Planned Unit Development by cutting out 2.32 acres
from the development, which is planned to be incorporated into the proposed Naples Daily
News Business Park Planned Unit Development (BPPUD) that is adjoining the subject
property to the west. The area to be removed from the existing PUD is located in the
northwest comer of the property. This area has been developed with a perimeter buffer,
subdivision entrance signs, Creekside Way, and a storm water management pond. Besides a
revision to the legal description, reduction of the total site acreage and the area proposed for
open space, and the boundary modification to the Conceptual Master Plan, no other changes
have been proposed for the existing Creekside Commerce Park PUD.
SURROUNDING LAND USE AND ZONING:
Subject Parcel:
Partially developed Industrial, Commercial, and Business uses County
right-of-way, zoned Creekside Commerce Park PUD, CR 851
(Goodlette Frank Road) and Creekside Boulevard
Surrounding- North: County right-of-way then Commercial and Residential (440,000
square feet Commercial, 385 single and multi-family residential units
on 61.40 acres)/(693,200 square feet on 61 acres)/150,000 square feet
on 18,7 acres), zoned C.R. 845 (Immokalee Road) then Collier Tract
22 PUD/Collier Health Center/North Naples Medical Park
East: County water and waste water treatment plant, recreational open space
and medical office uses (46,153 square feet on 17.74 acres), zoned "I"
Industrial, "P" Park, and S.W. Professional Health Park PUD
South: Partially Developed Residential and Golf Course County right-of-way,
and County water and waste water treatment plant, zoned Pelican
Marsh (DRI-93-1), CR 851 (Goodlette Frank Road), and "I" Industrial
West: Cultivated Agricultural Crops, Buffer and Preserve Areas, Roadways,
and Undeveloped Areas: zoned "A" Rural Agricultural, Creekside
Boulevard, and Pelican Marsh (DRI-93-1).
PUDA-2005-AR-8832
3 OF 15
Agenda Item No. 8B
October 24,2006
Page 10 of 156
AERIAL MAP
PUDA-2005-AR-8832
4 OF 15
Agenda Item No. 88
October 24, 2006
Page 11 of 156
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ZONING MAP
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is designated Urban, Urban-Mixed-Use District, Urban Residential
Subdistrict, as identified on the Future Land Use Map (FLUM) of the Growth Management
Plan (GMP).
Future Land Use Element: The existing PUD, which allows a variety of commercial and
industrial uses, was approved in 1997; FLUE consistency for that approval is contained in the
Statement of Compliance. This amendment may now be deemed consistent with the FLUE
by certain policies under Objective 5, and via the provision allowing medical offices and
other similar uses within 1,4 mile of a major medical facility such as North Collier Hospital.
Based upon the above analysis, the proposed amendment may be deemed consistent with the
Future Land Use Element of the Collier County Growth Management Plan.
Transportation Element: The Transportation Department has reviewed the Petitioner's
Traffic Impact Statement (TIS) and has determined that the proposed amendment will
generate no additional trips. As a result, this petition is consistent with Policies 5.1 and 5.2
of the Transportation Element.
Open Space/Conservation: The PUD document indicates that a combination of landscape,
lakes, water management areas, and qualifying open space areas equals 34 percent (36.38
acres) of the gross land area. The PUD will also achieve native vegetation preservation of re-
vegetation requirements of the LDC by re-vegetation of native species; therefore, the
PUDA-2005-AR-8832
5 OF 15
Agenda Item No. 8B
October 24,2006
Page 12 of 156
Conservation and Open Space elements of the GMP will be achieved by the PUD
development strategy.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on
which a determination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impact of the proposed land use changes, be they positive or
negative, culminating in a staff recommendation based on that overview. The listed criteria
are specifically noted in Section 10.02.13 of the Land Development Code; thus, requiring
staff evaluation and comment, and shall be used as the basis for a recommendation of
approval or denial by the Planning Commission to the BCC. Each of the potential impacts or
considerations identified during the staff review is listed under each of the criteria noted and
is 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.
Appropriate evaluation of petitions for rezoning should establish a factual basis for
supportive action by appointed and elected decision-makers. The evaluation by professional
staff includes an analysis of the petition's relationship to the community's future land use plan
and whether a rezoning action would be consistent with the Collier County GMP in all of its
related elements. (See Exhibit "A" and Exhibit "B"). Other evaluation considerations should
include an assessment of adequacy of transportation infrastructure, other infrastructure, and
compatibility with adjacent land uses, a consideration usually dealt with as a facet of
analyzing the relationship of the rezoning action to the long range plan for future land uses.
Based on staffs analysis, this project, with the mitigation provided in the PUD document,
should not adversely impact any adopted level of service standard.
Environmental Analvsis: Environmental Services staff has reviewed the petition and has
recommended approval subject to the conditions contained in Sections 2.14 and 5 of the PUD
document.
The Environmental Advisory Council was not required to review this amendment because
there was no wetland impacted and that the area has already been altered.
Transportation Analvsis: The project was reviewed based on the current TIS guidelines and
with respect to Policy 5.1 of the Collier County Growth Management Plan transportation
element. The project proposes to decrease the size of the PUD in conjunction with the
additional impacts of application AR# 8833 "Naples Daily News". This application is
consistent with the transportation element of the GMP but should be considered
simultaneously with the Naples Daily News application. Transportation staff is working
closely with the applicant to coordinate mitigation for the Naples Daily News traffic and may
require additional modifications from this amendment application to satisfy transportation
concerns, therefore additional comments may be forthcoming from coordination between the
two projects.
PUDA-2005-AR-8832
6 OF 15
Agenda Item No. 88
October 24,2006
Page 13 of 156
Utility Issues: The Utilities Department staff has reviewed the petition and has
recommended approval subject to the conditions contained in Section 2.15 of the PUD
document.
Zoning and Land Development Review Analysis: The evaluation by professional staff
includes an analysis of the project's relationship to the community's future land use plan, and
whether or not a rezoning action would be consistent with the GMP. Other evaluation
considerations include an assessment of adequacy of transportation infrastructure, other
infrastructure, and compatibility with adjacent land uses. In addition, staff offers the
following synopsis:
Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically
to Collier County's legal basis for land use planning, refers to the relationship of the
proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management
Plan (GMP). The subject property is zoned Creekside Commerce Park PUD, and is approved
for industrial, warehouse, wholesale, financial institutions, business and office uses, with
limited amounts of retail uses. The development of the subject property is timely and
consistent with the FLUE of the GMP.
Relationship to Existing and Proposed Land Uses - Generally a discussion of this relationship
concerns the compatibility of the petitioner's proposed changes to the uses allowed in the
PUD with the adjacent properties to the north, south, east, and west. The subject property is
proposed as a modification of the already approved industrial and commercial development
as allowed in the County's Comprehensive Plan. The landscaping and buffering requirements
in the LDC will mitigate any impacts between this use and the abutting uses.
NEIGHBORHOOD INFORMATION MEETING:
Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: Agent for the
applicant, Wayne Arnold of Q. Grady Minor held the required NIM for PUDZ-2005-AR-
8833 and PUDA-2005-AR-8832 on May 10, 2006 at 5:30 P.M. at St. John the Evangelist
Catholic Church ballroom. Three individuals other than the applicants' agents and county
staff attended. Of those who spoke, no one expressed opposition to either rezoning requests
or proposed Naples Daily News operations. The following questions were addressed by the
applicants' consultants present:
1. Maximum building height: 75 feet
2. Access points: from Immokalee Road., Creekside Way and interconnection through
Granada Shops
3. Service deliveries from Creekside Way
4. Hours of operation: 24 hours a day, 7 days a week
5. Lighting/noise: per county codes
6. Approximately 16 month construction timetable to commence in late 2007
7. Recycling to be done on site.
PUDA-2005-AR-8832
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Agenda Item No. 88
October 24, 2006
Page 14 of 156
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPe) forward a recommendation of
approval of Petition PUDA-2005-AR-8832, Creekside Commerce Park PUD that amends
Ordinance Number 97-51 as described by the Ordinance of Adoption and exhibits thereto,
subject to the following condition:
· PUDA-2005-AR-8832 approval shall be subject to the approval of PUDZ-
2005-AR-8833.
PREPARED BY:
PUDA-2005-AR-8832
8 OF 15
Agenda Item No. 88
October 24,2006
Page 15 of 156
MICHAEL J.DE RUNTZ,C.F.M., PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
MARJORIE M. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
DATE
RAY BELLOWS, PLANNING MANAGER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
SUSAN MURRAY ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT ADMINISTAA TOR
COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION
DATE
Tentatively scheduled for the July 25, 2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
REZONE FINDINGS
PETITI ON PUDA-2005-AR-8832
Division 10.03.05 of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
PUDA-2005-AR-8832
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Agenda Item No. 88
October 24, 2006
Page 16 of 156
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, and
policies and Future Land Use Map and the elements of the Growth Management
Plan.
The density permitted within the Creekside Commerce Park PUD is consistent with
the FLUE as currently provided in the Growth Management Plan by Policy 5.1 that
provides that property zoned prior to the adoption of the Plan and found to be
consistent through the Zoning Re-evaluation Program are consistent with the GMP
and designated on the Future Land Use Map series. Therefore, this petition is
Consistent by Policy.
2. The existing land use pattern.
The subject property is a mix of developed industrial, commercial, water management
areas, roadways, and preserve land uses, as well of some remaining undeveloped
parcels. The subject property is bordered to the north by CR846 (Immokalee Road),
and is CR 851 (Goodlette Frank Road divides the property to the east, and Creekside
Boulevard transects the property to the south. The existing land use pattern of the
properties which surround the subject property consist of a mix of approved Planned
Unit Developments, industrial and agricultural land uses. Collier Tract 22 PUD
(Naples Reserves), Collier Health Center and North Naples Medical Park exists to the
north. Industrial (Collier County Water and Waste Water Treatment facilities), Park
(North CountyNeterans Memorial Park), S.W. Professional Health Park PUD exist to
the east. Pelican Marsh (DRI-93-1) exists to the south. Agricultural land uses and
the location of the proposed Naples Daily News Business Park Planned Unit
Development are located to the west.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
The Creekside Commerce Park PUD 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.
EXHIBIT "A"
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The proposed amendment to the Creekside Commerce Park PUD changes the
currently approved district boundaries that were previously deemed to be logically
drawn in relation to existing conditions at the time the property was first rezoned to a
PUD. The change of the district boundary occurred in the northwest comer of the
PUDA-2005-AR-8832
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Agenda Item No. 8B
October 24, 2006
Page 17 of 156
subject property with the removal of approximately 2.32 acres. This area consisted of
an access road (Creekside Way) and a storm water management lake.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
The proposed rezoning and development of the Naples Daily News Business Park
Planned Unit Development, to the west of the subject property, required to have a
minimum area of 35 acres to be consistent with the Business Park requirements set
forth in the GMP. The subtraction of 2.32 acres from the subject property and the
addition of that area to the proposed Naples Daily News Business Park Planned Unit
Development satisfy the minimum lot area requirement.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed amendment will have no adverse impact to the living conditions in the
neighborhood.
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses, because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect
public safety.
Evaluation of this project took into account the requirement for consistency with
Policy 5.1 of the Transportation Element of the GMP and was found consistent, a
statement advising that this project when developed will not excessively increase
traffic congestion. The proposed change will result in no change in daily trips within
the Creekside Commerce Park PUD, as determined by the Traffic Impact Statement.
8. Whether the proposed change will create a drainage problem.
The Land Development Code specifically provides the development standards that
are designed to reduce the risk of flooding on nearby properties. New development in
and of itself is not supposed to increase flooding potential on adjacent property over
and above what would occur without development. In summary, every project
approved in Collier County involving the utilization of land for some land use activity
is scrutinized and required to mitigate all sub-surface drainage generated by
developmental activities as a condition of approval. This project was reviewed for
drainage relationships and design and construction plans are required to meet County
standards as a condition of approval.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas.
PUDA-2005-AR-8832
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Agenda Item No. 88
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All projects in Collier County are subject to the development standards that are
unique to the zoning district in which they are located. These development standards
and others apply generally and equally to all zoning districts (i.e. open space
requirement, corridor management provisions, etc.) and 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.
The development standards within the PUD will not be affected by the requested
change to the PUD document. Therefore, staff is of the opinion that this petition will
not adversely affect property values. It should be noted that the value of property is a
subjective determination based upon anticipated results, which may be internal or
external to the subject property. Property valuation is affected by a host of factors
induding zoning, however zoning by itself mayor may not affect values, since value
determination by law is driven by market value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
The proposed change, in fact, aids in assisting the proposed Naples Daily News
Business Park Planned Unit Development meet the minimum lot area requirement set
forth in the GMP for Business Park development.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
The Comprehensive Planning staff has determined the proposed amendment to the
PUD complies with the GMP. In light of this fact, the proposed PUD Amendment
does not constitute a grant of special privilege. Consistency with the FLUE is further
determined to be a public welfare relationship because actions consistent with said
plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
The subject property is being developed in accordance with the existing PUD zoning.
The proposed PUD amendment does not seek to alter the current uses or development
standards.
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the County;
The proposed amendment complies with the GMP and will not adversely impact the
scale, density and overall intensity of land uses deemed to be acceptable throughout
the urban designated areas of Collier County.
PUDA-2005-AR-8832
12 OF 15
Agenda Item No. 8B
October 24,2006
Page 19 of 156
15. Whether it is impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
The proposed amendment to the Creekside Commerce Park PUD will not change the
list of permitted uses that have already been approved for the subject site. In addition,
there are many sites which are zoned to accommodate the subject development. This
is not the determining factor when evaluating the appropriateness of a rezoning
decision. This petition is consistent with all elements of the GMP, is compatible with
the adjacent land uses, has adequate infrastructure and to some extent the timing of
the action is consistent with all County codes.
16. The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of
potential uses under the proposed zoning classification.
The physical alteration through the reduction of the 2.32 acre area in the proposed
amendment is not altering the usability of the property for any of the potential uses
that were approved for Creekside Commerce Park PUD. The area that will be
affected was previously developed with designed infrastructure that supported the
subj ect property.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has
reviewed this petition and has 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. The proposed change will have no affect upon
those conditions. The previously developed infrastructure will continue to function
and serve Creekside Commerce Park PUD, as well as, the proposed Naples Daily
News Business Park Planned Unit Development
FINDINGS FOR PUD
PUDA-2005-AR-8832
Section 10.03.05 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plan's compliance with the following
criteria:
1. The suitability of the area for the type and pattern of development proposed
in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
PUDA-2005-AR-8832
13 OF 15
Agenda Item No. 8B
October 24, 2006
Page 20 of 156
Jurisdictional reviews by County staff support the manner and pattern of
development proposed for the subject property. Development conditions
contained in the Creekside Commerce Park PUD document give assurance that all
infrastructures will be developed consistent with County regulations. Any
inadequacies that require supplementing the PUD document will be recommended
to the Planning Commission and the BCC as conditions of approval by staff.
Recommended mitigation measures will assure compliance with level of service
relationships as prescribed by the GMP.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to be
made for the continuing operation and maintenance of such areas and
facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provide evidence of unified control.
The PUD document makes appropriate provisions for continuing operation and
maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals,
objectives and policies of the Growth Management Plan.
The subject petition has been found consistent with the goals, objectives and
policies of the GMP. A more detailed description of this conformity is addressed
in the Staff Report.
4. The internal and external compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on design,
and buffering and screening requirements.
EXHIBIT "B"
The proposed amendment is a boundary and area reViSion to the Creekside
Commerce Park PUD. The developed use of that area to be removed from the
existing PUD will continue to function and serve the subject property, as well as,
the adjoining property and the proposed Naples Daily News Business Park
Planned Unit Development. There would be not issues with internal and external
compatibility.
5. The adequacy of usable open space areas in existence and as proposed to
serve the development.
As provided in Section 2.12 of the PUD Document, the amount of open space set
aside by this project is consistent with the provisions of the Land Development
Code and the Growth Management Plan.
PUDA-2005-AR-8832
140F15
Agenda Item No. 8B
October 24,2006
Page 21 of 156
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and private.
Given the fact that the Creekside Commerce Park PUD is currently under
development, the timing or sequence of development in light of concurrency
requirements is not a significant problem.
7. The ability of the subject property and of surrounding areas to
accommodate expansion.
The subject property is not completely built-out, but has additional area for
future industrial and commercial development. The proposed amendment has
been pursued for the intent to accommodate the proposed Naples Daily News
Business Park Planned Unit Development on the present agriculturally used
property to the west.
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.
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.
PUDA-2005-AR-8832
15 OF 15
e
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLUERGOV.NET
6968
.A.genda Item No. 88
October 24, 2006
Page 22 of 156
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 341 04
(239) 403-2400 FAX (239) 643-
(i).
......
.. .". ",. ... .
PETITION NO (AR)
PROJECT NAM E
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
REV: 2
1
PUDA-200S-AR-8832
PROJECT #2005120050
DATE: 4/21/06
MICHAEL DERUNTZ
Above to be completed by staff
e
APPlIC~NT(S) CREEKSIDE COMMERCE PARK PROPERTY OWNERS ASSOCIATION. INC. .
ADDRESS 2600 GOLDEN GATE PARKWAY CITY NAPLES STATE FLORIDA ZIP 34105
TELEPHONE # (239) 403-6870 CELL # ________________ FAX # (239) 262-8017
E-Mail Address:DBORDEN@BARRONCOLLlER.COM
Is the applicant the owner ~f the subject property? k8J Yes
ONo
o (a) If applicant is a land trust, so indicate and name beneficiaries below.
~ (b) If applicant is corporation other than a public corporation, so indicate and
name officers and major stockholders below.
o (c) If applicant is a partnership, limited partnership or other business entity, so
indicate and name principals below.
-0
(d) If applicant if an owner, indicate exactly as recorded, and list all other owners,
if any.
o
Agenda Item No. 88 .
October 24,2006
Page 23 of 156
(e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not
indicated on the lease.
o (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual
owner(s) name and address below.
e
(If space is inadequate, attach on separate page.)
t
,- . '. . ;:,-;."
4GEtsfT INFOR~~TlqN : ...
"'_.:-'..~'" .' -.-,.; .' -.
.. ,j:
I
NAME OF AGENT D. WAYNE ARNOLD. AICP - O. GRADY MINOR AND ASSOCIATES. P.A.
ADDRESS 3800 VIA DEL REY
TELEPHONE # 239-947-1144
CITY BONITA SPRINGS STATE FLORIDA ZIP 341 34
CELL # _____________FAX # 239-947-0375
E-MAIL ADDRESS:WARNOLD@GRADYMINOR.COM
NAME OF AGENT R. BRUCE ANDERSON. ESQ. - ROITZEL AND ANDRESS. L.P.A.
ADDRESS 850 PARK SHORE DR.. 3RD FLOOR CITY NAPLES STATE FLORIDA ZIP 34103
~
TELEPHONE # 239-649-2708
CELL # ____________FAX # 239-261-3659
E-MAIL ADDRESS:BANDERSON@RALAW.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE
REGULATIONS.
PROPERTY INFORMATION
PUD ORDINANCE NAME Creekside Commerce Park PUD NUMBER: 97-51
Detailed leeal description of the property covered. bv the application: (If space is inadequate,
attach on separate page.) If request involves change to more than one zoning district,
include separate legal description for property involved in each district. Applicant shall
submit four (4) copies of a recent survey (comp!eted within the last six months; maximum (
1" to 400' scale) if required to do so at the pre-application meeting.
Agenda Item No. 88
October 24,2006
Page 24 of 156
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 27
/ 48
/ 25
Lot: _______ Block: _______ Subdivision:
----------.;...-------------
Plat Book______ Page #:________ Property 1.0. #: _________________________________
Metes & Bounds Description: Please see attached legal description
Size of propertv:
3t. X ____ft. = Total Sq. Ft. _________ Acres l06:t
Address/eenerallocation of subiect property:
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 1.0. #: ______________________
Metes & Bounds Description: Please see legal description provided in the attached
Creekside Commerce Park PUD
DETAIL OF REQUEST
TYPE OF AMENDMENT:
~ A.
PUD Document Language Amendment
o B.
Development Order Language Amendment
DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PlAN? [3J Yes 0 No
-.
If no, explain: _______________________________________________
Agenda Item No. 88
October 24, 2006
Page 25 of 156
CREEKSIDE COMMERCE PARK PUD
LEGAL DESCRIPTION
It
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being
more particularly described as follows;
COMMENCING at the northwest comer of said Section 27;
thence along the north line of said Section 27 South 89045'21" East 1869.61 feet;
thence leaving said line South 00014'39" West 125.00 feet to a point on the south right of way
line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein
described;
thence along said right of way line in the following Six. (6) described courses;
1) South 89045'21" East 485.99 feet;
2) South 00014'39" West 10.00 feet;
3) South 89045'21" East 150.19 feet;
4) South 89048'33" East 716.81 feet;
5) North 05034'33" West 10.05 feet;
6) South 89048'33" East 486.21 feet to a point on the west right of way line of Goodlette Road as
recorded in Plat Book 3, page 58, Public Records of Collier County, Florida;
thence along said line South 05033' 48" East 1767.02 feet;
thence leaving said line South 89020'53" West 51.18 feet;
thence North 23055'53" West 13.07 feet;
thence northwesterly, 30.71 feet along the arc ofa circular curve concave to the northeast, having
a radius of 80.00 feet, through a central angle of21 059'52" and being subtended by a chord
which bears North 12055'5T West 30.53 feet;
thence North 05000'53" West 31.56 feet;
thence North 36019'20" West 32.02 feet;
thence North 56004'35" West 35.11 feet;
thence North 80039' IS" West 32.53 feet;
thence North 88039'12" West 97.78 feet;
thence North 86004'40" West 45.79 feet;
thence North 89049'48" West 132.77 feet;
thence North 69040' 10" West 37.23 feet;
thence South 89020'53" West 142.47 feet;
thence South 84059'26" West 24.66 feet;
thence South 74056'50" West 121.32 feet;
thence South 79049'59" West 45.93 feet;
thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the
northeast, havmg a radius of 66.00 feet, through a central angle of39030'16" and being
subtended by a chord which bears North 80024'53" West 44.61 feet to a point of compound
curvature;
thence northwesterly, 52.92 feet along the arc of a circular curve concave to the southwest,
having a radius of 150.00 feet, through a central angle of20012'57" and being subtended by a
chord which bears North 70046'13" West 52.65 feet;
thence North 80052'42" West 36.59 feet;
thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to the
southeast, having a radius of 80.00 feet, through a central angle of33004'14'' and being
subtended by a .chord which bears South 82035'11" West 45.54 feet to a point of compound
curvature;
thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to the
northwest, having a radius of60.00 feet, through a central angle of36026'19" and being
subtended by a chord which bears South 84016'14" West 37.52 feet to a point of compound
curvature;
~
(.
Agenda Item No. 88 .
October 24,2006
Page 26 of 156
--
thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the
southwest, having a radius of 305.00 feet, through a central angle of 12055'59" and being
subtended by a chord which bears North 83058'36" West 68.70 feet;
thence South 89033'25" West 18.36 feet;
thence South 89039'19" West 71.63 feet;
thence North 89034'56" West 36.03 feet;
thence South 86006'41" West 42.94 feet;
thence South 83044'16" West 26.23 feet;
thence South 51001' 13" West 27.49 feet;
thence South 33025'50" West 19.95 feet;
thence South 15040'05" West 20.54 feet;
thence South 10054'39" West 34.64 feet;
thence South 89020'14" West 101.06 feet;
thence North 10046'06" East 101.42 feet;
thence North 89020'53" East 65.45 feet;
thence North 00039'07" West 100.64 feet;
thence South 89020'53" West 503.78 feet;
thence North 00039'07" West 27.71 feet;
thence North 72058'55" West 131.30 feet;
thence North 02008'56" West 1473.29 feet to a point on the south right of way line of said
Immokalee Road (S.R. 846) and the POINT OF BEGINNING ofthe parcel herein described;
Containing 69.48 acres more or less;
Subject to easements and restrictions of record.
Bearings are assumed and based on the north line of said Section 27 being South 89049'40" East.
4t
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being
more particularly described as follows;
Commencing at the northeast comer of said Section 27;
thence along the east line of said Section 27, South 01009'43" East 125.00 feet to a point on the
south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the
parcel herein described;
thence continue along said east line South 01009'43" East 1189.62 feet;
thence leaving said line South 89048'50" West 677.35 feet;
thence South 05035'39" East 886.02 feet;
thence South 89048'50" West 400.00 feet to a point on the easterly right of way line ofGoodlette
Frank: Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida;
thence along said line North 05035'39" West 2088.10 feet to a point of the south right of way line
of said Immokalee Road (S.R. 846);
thence along said line South 89049'40" East 1168.55 feet;
thence continue along said line South 89012'58" East 1.85 feet to the POINT OF BEGINNING of
the parcel herein described;
Containing 38.9 acres more or less;
Subject to easements and restrictions of record. I
Bearings are assumed and based on the north line of said Section 27 being South 89046'2q" East.
LESS
.--
A PORTION OF TRACTS uR" AND "Ll" CREEKSIDE COMMERCE PARK WEST-UNIT
ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWESTERLYMOST CORNER OF TRACT UR" (CREEKSIDE WAY)
CREEKSIDE COMMERCE P ARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT
Aaenda Item No. 88 .
~ October 24. 2006
Page 27 of 156
PAGES 57 THROUGH 58 OF TIlE PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA; .
TIlENCE RUN soum 89045'00'1 EAST, ALONG THE soum RIGHT -OF- WAY OF
IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN soum 00025'51"
WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60002'56" EAST FOR A
DISTANCE OF 117.20 FEET; TIIENCE RUN SOUTH 82032'14" EAST FOR A DISTANCE OF
119.17 FEET TO A POINT ON TIIE EAST LINE OF lRACf "U" OF SAID CREEKSIDE
COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF LOT 3 OF SAID
CREEKSIDE COMMERCE PARK WEST-UNIT ONE; THENCE RUN SOUTH 00007'39"
EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET TO A POINT ON THE
NORlH RIGHT-OF-WAY OF SAID TRACT ''R''; TIiENCE RUN NORlH 89058'01" WEST,
ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF 456.64 FEET TO A POINT
ON THE WEST RIGHT-OF-WAY OF SAID TRACT .oR"; THENCE RUN NORTH 02019'57"
WEST, ALONG SAID WEST RIGHT -OF- WAY FOR A DISTANCE OF 294.20 FEET TO THE
POINT OF BEGINNING; CONTAINING 2.32 ACRES, MORE OR LESS.
f.
{
It
.
"--
Agenda Item No. 8B
October 24, 2006
~oee2s8 of 156
HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? LJ'Y1
[8JNo
IF SO, IN WHOSE NAME? ______________________________________________________
PETITION #: ______________________
DATE: ________________________
HAS ANY PORTION OF THE PUD BEEN C8J SOLD and/or C8J DEVELOPED?
ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? 0 Yes cgJ
No
IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY).
This amendment oroooses to reduce the area of the Creekside PUD by
approximately 2.3 acres and rezone the area from Creekside Commerce Park PUD
to Naples Daily News Business Park PUD.
Section 1 0.03.05.B.3 of the Land Development Code requires an applicant to
remove their public hearing advertising sign (s) after final action is taken by the
Board of County Commissioners. Based on the Board's final action on this item,
please remove all public hearing advertising sign (s) immediately
Agenda Item No. 8B .
October 24,2006
Page 29 of 156
e
.
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.OFFlGERS'/DIREOTORS
CREEKSIDE WEST (Nt:
.
P~sldentlAA
Vlc;e PresIdent
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PauJ J ManneJk
DaVid ,K B'orden
Bradley ABoaz
Lamar "GabJe
Barron conretlll
Julieta Spr't>uJ
Ftam~es GVlOere
Phylhs G Alclen
Kathenne'GSproul
PUDA-2005-AR-8832
PROJECT #2005120050
DATE: 12/20/05
MICHAEL DERUNTZ
Agenda Item No. 8B
October 24,2006
Page 30 of 156
04J~0l04
Agenda Item No. 8B
October 24, 2006
Page 31 of 156
.
.
~
Agenda Item No. 8B
October 24, 2006
Page 32 of. 156
~~~~~!~y~~~~~~
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"
PHASE II ENVIRONMENTAL
SITE ASSESSMENT
Phase II Environmental Site Assessment
CreeksidelU-Pick Facility
Naples, Florida
PREPARED FOR:
.
Mr. Thomas J. Sewell
Collier County Publishing Company
D/B/A Naples Daily News
1075 Central Avenue
Naples, Florida 34102
PREP ARED BY:
Environmental Risk Management, Inc.
ERMI File No. Cl220A
June 28, 2005
PUDA-2005-AR-8832
PROJECT #2005120050
DATE: 12/20/05
MICHAEL DERUNTZ
adquarters .15248 Tamlaml Trail South #800., Fort Myers, Florida 33908
1-888-ENV-MGMT (1-888-368-6468)" Fax 1-888-368-6329., www.erml.net
,A,genda Item No. 88
October 24,2006
Page 33 of 156
.~~!!o~~~~~~~~s
,
"
CERTIFICA TION
FOR
PHASE n ENVIRONMENTAL SITE ASSESSMENT
Creekside/U-Pick Facility
Naples, Florida
PROFESSIONAL GEOLOGIST CERTIFICATION
Environmental Risk Management, Inc. hereby certifies the reliability and accuracy of the
services performed in this investigation, and the information presented in this report. This
report is based on professional services that were conducted using sound geologic
principles and "Standard of Industry" practices. The party to whom this report is
addressed may rely upon the contents of this report. Data derived through sampling and
subsequent laboratory analysis are extrapolated to render an opinion about overall
subsurface conditions. Actual conditions in areas not tested may differ from those
inferred to exist. I do not attest to the accuracy of items outside the area of my expertise, &.
including, but not limited to, laboratory analysis. ·
Prepared by
Environmental Risk Management, Inc.
15248 Tamiami Trail South, Suite 800
Fort Myers, Florida 33908
Signed,
~~
Stanley J. Rutka, P.G.
Licensed Professional Geologist
State of Florida, License Number PG-1963
Date:
(
dquarters .15248 Tamiaml Trail South #800. Fort Myers, Florida 33908
1-888-ENV-MGMT (1-888-368-6488) . Fax 1-888-368-6329 . www.ennl.net
Agenda Item No. 88
October 24, 2006
Page 34 of 156
-Ai; ~~~~~~~~~~~~~n!N~
-
t'~-
November 18,2005
Mr. Thomas 1. Sewell
Collier County Publishing Company
D/B/A Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Phase II Environmental Site Assessment
CreeksidelU-Pick Facility
Naples, Florida
ERMI File No. C1220A
Dear Mr. Sewell:
Environmental Risk Management, Inc. (ERMD has prepared this report in accordance with our
contract agreement dated November 8, 2005.
1.0 PROJECT UNDERSTANDING
4t
The above referenced property is the location of a former agricultural operation, which
represents a potential concern. During a Phase I ESA investigation, performed by MACTEC
Engineering and Consulting, several areas of concern were identified. The purpose of this
investigation was to collect soil samples from the locations determined to be the most likely
to be impacted by petroleum or organo-chlorinated pesticides from the former agricultural
operation. No significantly impacted areas were identified during this investigation and
groundwater sampling was not conducted per our contract agreement dated November 8,
2005.
2.0 SCOPE OF WORK
The following scope of work was completed:
ERMI personnel installed four soil borings, noting physical observations of the soil conditions, to a
depth of two 2 feet below the water table. Two of the soil borings were installed in areas
determined to be potential sources of impact during the Phase I ESA performed by MACTEC
Engineering and Consulting. And two random soil borings were installed to assess the general soil
quality of the subject property (see Site Location Map in Attachment A).
-.,
ERMI collected four soil samples from the above referenced on-site location within the smear
zone (approximately one-foot above the water table, please refer to the soil boring logs in
Attachment B). ERMI submitted the samples to Jupiter Environmental Laboratories for
analysis of diesel petroleum constituents (SB-l and SB-2) using EP A Method 8100 and organo-
chloriqated pesticides (SB-3 and SB-4) using EP A Method 8081A (See Site Laboratory Results
in .. .hment C).
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adquarters .15248 Tamiami Trail South #800.. Fort Myers, Florida 33908
-888.ENV.MGMT (1-888-368-6468) . Fax 1-888-368-6329 ,. www.ermi.net
Agenda Item No. 8B
October 24,2006
Page 35 of 156
Phase II ESA . Page 2 of J . ENVIRONMENTAL RISK MANAGEMENT, lNC . 1- 888-368-6468
.
2.0 SOIL SCREENING AND SAMPLING METHODOLOGY
ERMI personnel carefully transferred soil cores collected by the clean, stainless-steel auger, into
sampling jars, and cleaned the auger bit after each soil boring, in accordance with the procedures
outlined in "FDEP Standard Operating Procedures for Laboratory Operations and Sample
Collection Activities" (DEP-QA-00l/92).
Two soil samples was taken in accordance with established FDEP soil sampling protocol for
laboratory analysis by EP A Methods 81 DO, and two soil samples were taken for laboratory
analysis by EP A Methods 8081A.
4.0 SUMMARY OF RESUL TS
Soil Sample SB-3 and SB-4 had slight detections of 4,4' ODD. These concentrations were well
below Soil Cleanup Target Level (SCTL) for leachability set for this constituent. The 8B-3 and
SB-4 sample locations can be viewed in Attachment A. Summarized laboratory results are
available in Table 1. Complete laboratory analytical results are presented in Attachment C.
Table: 1 Summary of Groundwater Analytical Results
~
SB-3
4.05u
8.40 u
SB-3
:~
.-,-
Any results above SCTL 's are in bold (none for this investigation)
Complete laboratory analyses are attached in Attachment C.
5.0 CONCLUSIONS AND RECOMMENDA TIONS
Detections of 4, 4' DDD, a breakdown constituent of DDT, were found in the two random soil
samples taken during this investigation; however, all concentrations were below applicable
FDEP regulatory levels. Given the low levels of 4, 4' ODD detected, ERMI feels that
"excessive" contamination is not likely on the subject property.
ERMI does not consider it necessary to do any further sampling at the subject property.
Sincerely,
ENVIRONMENTAL RISK MANAGEMENT, INC.
~.~. zfuk-
Barton J. Baker, CFEA, REPA
Project Manager
~~
Stanley J. Rutka, P.G.
Principal Geologist
(
Environmental Risk Management. lne.
2
ERMJ FileNo. C1220A
Agenda Item No. 88
October 24, 2006
Page 36 of 156
ATTACHMENT A
Sample Location Map
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N 90'00'00. W
n SB-I
diesel AST----D
Legend
o = Soil Boring
Risk (-.-
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_ 10
C FOE? Fae 10 No.: Nt...
Services
Immokalee Road
o SB-I
product stand
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Figure 1
Sample Location Man
l\genda Item No. 8B
October 24, 2006
Paqe 37 of 156
.
o SB-3
suspected engine
mount
o SB-2
~
Subject Property
Creekside Boulevard
Subject Property
) (ERMI FIlo No.; (-
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) C Bm sitY. )
) (~;;.~~:_ J
Agenda Item No. 88
October 24, 2006
Page 38 of 156
.-
ATTACHMENT B
Field Log
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Agenda Item No. 88
October 24, 2006
. Page 40 of 156.
ATTACHMENT C
Laboratory Analytical Data
..
Jupiter
EnvilfJnmllntall.1lmmlnrit!!i. Inc:.
Thursday, November 17, 2005
Bryan Ott
Environmental Risk Management, Inc.
15248 Tamiami Trail South
Suite 800
Fort Myers, Fl 33908
RE:
Project:
Project ID:
514490
C1220A Creekside UIPick
Dear Bryan Ott:
Aaenda Item No. 88
~ October 24,2006
Page 41 of 156
Jupiter EnvIronmental Laboratorle., Inc.
150 S. Old Dixie Highway
Jupiter, FL 33458
Phone: (561)575-0030
Fax: (561)575-4118
.
~
Enclosed are the analytical results for sample(s) received by the laboratory on Friday. November 11, 2005. Results reported
herein conform to the most current NELAC standards, where applicable. unless otherwise narrated in the body of the report.
The enclosed Chain of custody is a component of this package and should be retained with the package and incorporated
therein.
Results for all solid matrices are reported in dry weight unless otherwise noted. Results for all liquid matrices are analyzed as
received in the laboratory unless otherwise noted.
Samples are disposed of after 30 days of their receipt by the laboratory unless archieving Is requested in writing. The laboratory
maintains the right to charge storage fees for archieved samples.
Certain analyses are subcontracted to outside NELAC certified laboratories and are designated on the report as follows:
BM/E86048, ESC/E87487. KNlIE84025, SlIE8409.
A Statement of Qualifiers are available upon request.
If you have any questions conceming this report. please feel free to contact me.
Sincerely.
Kacia Baldwin
kbaldwln@jupiterlabs.com
Enclosures
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except In full.
without the written consent of Jupiter Environmental Laboratories. Inc.
Page 1 of7 ("
e
.
-
Agenda Item No. 88
October 24,2006
Page 42 of 156
-..../"
.~
Jupiter
EnlJirolllT1P.nt.lll.1borMnriM, IIW"_
Jupiter Envlronmenta' Laboratories, Inc.
150 S. Old Dixie Highway
Jupiter, FL 33458
Phone: (561 )575-0030
Fax: (561)575-4118
'.
~-..,
SAMPLE SUMMARY
Project 514490
Project 10: C1220A Creekside U/Plck
Lab 10 Sample 10 Matrix Date Collected Date Received
514490001 S8.1 SoiVSolid/Sedlmen 11/10/200511:00 11/11/200516:25
514490002 8B-2 SoiUSolid/Sedlmen 11/10/200511:00 11/111200516:25
514490003 8B-3 Soll/Solid/Sedimen 11/10/200511 :00 11/1112005 16:25
514490004 8B-4 Soil/Solld/Sedlmen 11/10/200511:00 11/11/200516:25
Page 2 of 7
REPORT OF LABORATORY ANALYSIS
This report shaU not be reproduced, except In fun,
without the wrltten consent of Jup~er Environmental Laboratories, Ine.
-.
Ir'
Agenda Item No. 88
October 24,2006
Page 43 of 156
Jupiter
El'I\'imnll'lMt.1t t..1hot..,ries, Irr_
Jup..r Environmental L.boratorle,,'nc.
150 S. Old Dixie H1ghWBy
Jupiter, FL 33458
Phone: (561)575-0030 .
Fax: (561)575-4118
SAMPLE ANALYTE COUNT
Project 514490
Project 10: C1220A Creekside UlPlck
Analytes
Lab 10 Sampl. 10 Method Reported
514490001 8B.1 EPA 8270C 21
514490002 88.2 EPA 8270C 21
514490003 SB-3 EPA 6020 1
EPA8081 (GG) 24
514490004 SB-4 EPA 6020 1
EPA 8081 (GC) 24
.,
Page3of7 r
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except In fuft,
wllhoullhe wrltlan consent of Jupiter Envlronmentallaboratorlas, Ine.
Agenda Item No. 88
October 24, 2006
Page 44 of 156
p
Jupiter
Envirrn\mllnt.l1 Lloor;ttnri.P.!I, In<:.
Jupiter Environmental Labomor.... Inc.
150 S. Old Dixie Highway
Jupiter, FL 33458
Phone: (561)575-0030
Fax: (561)575-4118
e
4'
ANALYTICAL RESULTS
Project: 514490
Project 10: C1220A Creekside U/Pick
Solid results are reported on a dry weight basis.
Lab 10: 514490001
Sample 10: SB-1
Date Collected:
Date Received:
11/101200511:00
11/11/200516:25
Matrix:
Soil/Solid/Sediment
Parameters
Results Units
Report limit
OF Prepared
By Analyzed
By CAS No.
Qual RegLmt
GC/MS Seml.volatlles
Preparation Method: EPA 3545
EPA 8100 PAH Scan (8) List
l-Methylnaphthalene
2-Methylnaphthalene
Acenaphthene
Acenaphthylene
Anthracene
Benzo[a]anthracene
Benzo[a]pyrene
4Z0[b]nUOranthene
zo[g,h,ijperylene
enzo[k]nuoranthene
Chrysene
Dibenz[a,h]anthracene
Fluoranthene
Fluorene
Indeno[1,2,3-cd]pyrene
Naphthalene
Phenanthrene
Pyrene
Nltrobenzene-d5 (S)
2-Fluoroblphenyl (5)
p-Terphenyl-d14 (5)
U mg/Kg 0.300 1 11/14/2005 JC 11/1412005 JC 90-12-0
U mg/Kg 0.300 1 11/14/2005 JC 11/14/2005 JC 91-57-6
U mg/Kg 0.300 1 11/14/2005 JC 11/14/2005 JC 83-32-9
U mg/Kg 0.300 1 11/14/2005 JC 11/14/2005 JC 208-96-8
U mg/Kg 0.300 1 11/14/2005 JC 11/14/2005 JC 120-12-7
U mg/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 56-55-3
U mg/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 50-32-8
U mg/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 205-99-2
U mg/Kg 0.300 1 11/14/2005 JC 11/14/2005 JC 191-24-2
U mg/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 207-08-9
U mg/Kg 0.100 1 1111412005 JC 11/14/2005 JC 218-01-9
U mg/Kg 0.100 1 11114/2005 JC 11/1412005 JC 53-70-3
U mglKg 0.300 1 11/14/2005 JC 11/14/2005 JC 206-44-0
U mg/Kg 0.300 1 11/14/2005 JC 11/14/2005 JC 86-73-7
U mg/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 193-39-5
U mglKg 0.300 1 11/14/2005 JC 11/14/2005 JC 91-20-3
U mglKg 0.300 1 11/14/2005 JC 11/14/2005 JC 85-01-8
U mg/Kg 0.300 1 11/14/2005 JC 11/1412005 JC 129-00-0
83 % 30-150 1 11/14/2005 JC 11/1412005 JC 4165-60-0
55 % 30-150 1 11/14/2005 JC 11/1412005 JC 321-60-8
63 % 30-150 1 11/14/2005 JC 11/14/2005 JC 1718-51-0
--
Date: 11/17/2005
Page 4 of 7
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except In full,
without the written consent of Jupiter Environmental Laboratories, Inc..
p'
Jupiter
EnvifOl1mP.nt.1ll..1hnr.lmri_5, lAC.
!.~:<-
Project: 514490
Project 10: C1220A Creekside U/Pick
Solid results are reported on a dry weight basis.
Lab 10:
Sample 10:
514490002
SB-2
Date Collected:
Date Received:
Parameters
Results Units
GCIMS Semi-Volatiles
Preparation Method: EPA 3545
EPA 8100 PAH Scan (5) Ust
1-Methylnaphthalene
2-Methylnaphthalene
Acenaphthene
Acenaphthylene
Anthracene
Benzo[a]anthracene
Benzo[a]pyrene
Benzo[b]f1uoranthene
Benzo[g,h,ijperylene
Benzo[k]f1uoranthene
Chrysene
Dibenz[a,h]anthracene
Fluoranthene
Fluorene
Indeno[1,2,3-cd]pyrene
Naphthalene
Phenanthrene
Pyrene
Nitrobenzene-d5 (5)
2-Auorobiphenyl (S)
p-Terphenyl-{j14 (S)
U mglKg
U mg/Kg
U mglKg
U mg/Kg
U mg/Kg
U mg/Kg
U mg/Kg
U mg/Kg
U mg/Kg
U mglKg
U mg/Kg
U mg/Kg
U mg/Kg
U mg/Kg
U mg/Kg
U mglKg
U mg/Kg
U mgIKg
75 %
50 %
58 %
Date: 11/17/2005
ANALYTICAL RESULTS
Report limit
0.300
0.300
0.300
0.300
0.300
0.100
0.100
0.100
0.300
0.100
0.100
0.100
0.300
0.300
0.100
0.300
0.300
0.300
30-150
30-150
30-150
11/1012005 11 :00
11/11/200516:25
OF Prepared
1 11/1412005
1 11/1412005
1 11/14/2005
1 11/14/2005
1 11/1412005
1 11/14/2005
1 11/1412005
1 11/14/2005
1 11/1412005
1 1111412005
1 11/14/2005
1 11/14/2005
1 11/14/2005
1 11/1412005
1 11/14/2005
1 11/1412005
1 11/14/2005
1 11114/2005
1 11/14/2005
1 11/1412005
1 11/1412005
Matrlx:
I'\genda Item No. 8B
October 24, 2006
Page 45 of 156
Jupiter Envlronmenbll Laborlltorles.lnc.
150 S. Old Dixie HlglrN8y
J uplter. FL 33458
Phone: (561}575-0030
Fax: (561)575-4118
.
Soli/Solid/Sediment
By Analyzed
JC 1111412005
JC 11/14/2005
JC 11114/2005
JC 11/1412005
JC 11/14/2005
JC 11/14/2005
JC 11/1412005
JC 11114/2005
JC 1111412005
JC 1111412005
JC 11/1412005
JC 11/14/2005
JC 11/14/2005
JC 11/14/2005
JC 11/1412005
JC 11114/2005
JC 11/14/2005
JC 11/1412005
JC 11/1412005
JC 11/14/2005
JC 11/14/2005
REPORT OF LABORATORY ANALYSIS
This report sha" not be I'llProduced, except In full,
Without 1I1e wrtIlen consent of Juplter Envtronmental Laboratories, Inc..
By CAS No.
Qual RegLmt
JC 90-12-0
JC 91-57-6
JC 83-32-9
JC 208-96-8
JC 120-12-7
JC 56-55-3
JC 50-32-8
JC 205-99-2
JC 191-24-2
JC 207 -08-9
JC 216-01-9
JC 53-70-3
JC 206-44-0
JC 86-73-7
JC 193-39-5
JC 91-20-3
JC 85-01-8
JC 129-00-0
JC 4165-60-0
JC 321-60-8
JC 1718-51-0
t.
Page5of7 ("
Agenda Item No. 88
October 24,2006
Page 46 of 156
II
Jupiter
Env,rOllmP.nt,lll..lbnr.ltnriP.i, In<'"_
Jupiter Environmental Laboratories, Inc.
150 S. Old Dixie Highway
Jupiter, FL 33458
Phone: (561)575-0030
Fax: (581)575-4118
.
ANALYTICAL RESULTS
Project: 514490
Project 10: C1220A Creekside U/Pick
Solid results are reported on a dry weight basis.
LablD: 514490003 Date Collected: 11/101200511:00 Matrix: Soil/Solid/Sediment
Sample ID: S8.3 Date Received: 11/11/2005 16:25
Parameters Results Units Report limit OF Prepared By Analyzed By CAS No. Qual RegLmt
GC Pesticides
Preparation Method: EPA 3545
EPA 8081 by GC (5) List
4,4'-000 U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 72-54-8
4,4'-DOE 4.05 ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 72-55-9
4,4'-DDT U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 50-29-3
Aldrin U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 309-00-2
alpha-SHC U uglKg 0.100 1 11/14/2005 JC 11/1412005 JC 319-84-6
alpha-Chlordane U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 5103-71-9
beta-BHC U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 319-85-7
tlta-SHC U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 319-86-8
Idrin U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 60-57-1
ndosulfan I U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 959-98-8
Endosulfan II U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 33213-65-9
Endosulfan sulfate U uglKg 0.100 1 11/14/2005 JC 11/1412005 JC 1031-07-8
Endrin U uglKg 0.100 1 11/14/2005 JC 11/14/2005 JC 72-20-8
Endrin Aldehyde U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 7421-93-4
Endrin Ketone U uglKg 0.100 1 11/14/2005 JC 11/14/2005 JC 53494-70-5
gamma-BHC (Lindane) U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 58-89-9
gamma-Chlordane U uglKg 0.100 1 11/14/2005 JC 11/14/2005 JC 12789-03-6
Heptachlor U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 76-44-8
Heptachlor epoxide U ug/Kg 0.100 1 11/1412005 JC 11/1412005 JC 1024-57-3
Methoxychlor U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 72-43-5
Total Chlordane U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC
Total Toxaphene U ug/Kg 10.0 1 11/14/2005 JC 11/1412005 JC 8001-35-2
Tetrachloro-m-xylene (S) 62 % 50-130 1 11/14/2005 JC 11/14/2005 JC 877-09-8
Decachlorobiphenyl (5) 56 % 50-150 1 11/14/2005 JC 11/14/2005 JC 2051-24-3
Metals
Preparation Method: EPA 3051
EPA 6020 Metals SCAN by ICP/M5 (5) LIst
Arsenic U mg/Kg 0.14 1 11/14/2005 ZS 11/14/2005 ZS 7440-38-2
--
Date: 11/17/2005
Page 6 of 7
REPORT OF LABORATORY ANALYSIS
This report shall not be reproduced, except In full,
wllhoutthe wrIIIen consent of Jupiter Environmental Laboratories. Inc..
Agenda Item No. 88
October 24,2006
Page 47 of 156
-
..
Jupiter
EnvironlTlP.fll...1 L1hnr.'ltmiR!>, IIK"_
Jupiter Environmental Labonltorl.., Inc.
150 S. Old Dixie Highway
Jupiter, FL 33458
Phone: (581)575-0030
Fax: (581)575-4118
e
~~?
ANALYTICAL RESUL 1S
Project 514490
Project 10: C1220A Creekside UfPick
Solid results are reported on a dlY weight basis.
Lab 10: 514490004 Oate Collected: 11/101200511 :00 Matrix: Soli/Solid/Sediment
Sample 10: SB-4 Oate Received: 11/11/200516:25
Parameters Results Units Report limit OF Prepared By Analyzed By CAS No. Qual RegLmt
GC Pesticides
Preparation Method: EPA 3545
EPA 8081 by GC (S) List
4,4'-000 U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 72-54-8
4,4'-DOE 8.40 uglKg 0.100 1 11/1412005 JC 11/1412005 JC 72-55-9
4,4'-DOT U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 50-29-3
Aldrin U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 309-00-2
alpha-BHC U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 319-84-6
alpha-Chlordane U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 5103-71-9
beta-BHC U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 319-85-7
delta-BHC U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 319-86-8 .
Dieldrin U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 60-57-1
Endosulfan I U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 959-98-8
Endosulfan II U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 33213-65-9
Endosulfan sulfate U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 1031-07-8
Endrin U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 72-20-8
Endrin Aldehyde U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 7421-93-4
Endrin Ketone U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 53494-70-5
gamma-BHC (Lindane) U ug/Kg 0.100 1 11/14/2005 JC 11/1412005 JC 58-89-9
gamma-Chlordane U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 12789-03-6
Heptachlor U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 76-44-8
Heptachlor epoxide U ug/Kg 0.100 1 11/14/2005 JC 11/14/2005 JC 1024-57-3
Methoxychlor U ug/Kg 0.100 1 11/1412005 JC 11/1412005 JC 72-43-5
Total Chlordane U ug/Kg 0.100 1 11/1412005 JC 11/1412005 JC
Total Toxaphene U ug/Kg 10.0 1 11/14/2005 JC 11/14/2005 JC 8001-35-2
Tetrachloro-m-xylene (S) 64 % 50-130 1 11/14/2005 JC 11/14/2005 JC 877 -09-8
Oecachlorobiphenyl (S) 58 % 50-150 1 11/14/2005 JC 11/1412005 JC 2051-24-3
MI.tiIa
Preparation Method: EPA 3051
EPA 6020 Metals SCAN by ICP/MS (S) List
Arsenic U mg/Kg 0.14 1 11/14/2005 ZS 11/1412005 ZS 7440-36-2
Date: 11/17/2005
Page 7 of7 ~
REPORT OF LABORATORY ANALYSIS
This report shaH not be reproduced. excaplln fuD,
wflhout the written con$8nt or Jupiter Environmental Laboratories. Inc..
--
Agenda Item No. 8B
October 24, 2006
Page 48 of 156
-
We/I, Creekside Commerce Park Prooertv Owners Association. Inc. being first duly sworn, depose
and say that well am/are the owner of the property described herein and which is the subject matter
of the proposed hearing; that all the answers to the questions in this application, including the
disclosure of interest information, all sketches, data, and other supplementary matter attached to and
made a part of this application, are honest and true to the best of our knowledge and belief. Well
understand that the information requested on this application must be complete and accurate and that
the content of this form, whether computer 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 owner Well further authorize a. Grady Minor and Associates. P.A. and Roetzel Andress and
Collier Publishino Comoany dba Naoles Daily News to act as our/my representative in any matters
regarding this Petition.
It
~~L
Signatur of Owner
.f)ql//!) J: ~~12/) ~~ f/l€.5,
Typed or Printed Name f Owner
t. fO~egOin~strument was acknowledged before me this ~ day Of) ef,~t ,..-, 2005, by
U ~ d t: ~ l"'J't.v-who is personally known to me or has produced as
-
identification.
State of ~
County of bJu1' t,..-
OFFICIAL OfARYSEAL
LYNN DAVIDSON
NOTARYPUBLlC STATE OF FLORlDA
COMMISSlON NO. 00143378
MY COMMISSION EXP. AUG. 27.2006 (Print, Type, or Stamp Commissioned
Name of Notary Public)
NDBP CPUD Rezone Petition
PUDA-2005-AR-8832
PROJECT #2005120050
DATE: 12/20/05
MICHAEL DERUNTZ
Agenda Item No. 8B
October 24, 2006
Page 49 of 156
Well, Ocean Boulevard Partnershio being first duly sworn, depose and say that well am/are the
owner of the property described herein and which is the subject matter of the proposed hearing; that
all the answers to the questions in this application, including the disclosure of interest information, all
sketches, data, and other supplementary matter attached to and made a part of this application, are
honest and true to the best of our knowledge and belief. Well understand that the information
requested on this application must be complete and accurate and that the content of this form,
whether computer 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 owner Well further authorize Q. Gradv Minor and Associates. P.A.. Roetzel and Andress and
Collier Publishino Comoany dba Naoles Dailv News to act as ourlmy representative in any matters
regarding this Petition.
i~~
Signat of Owner
P AtJl.. S. M P.rf.1 tI ELl. J
Typed or Printed Name of Owner
~
The foregoing instrument was acknowledged before me this 7 rJ. day of Dt::"'t.CS'M ~ert ,2005, by
P ~1.. ::S-. t--<P.~I tlil1..t.J who ~personallv known to me or has produced as
identification.
State of f=l..D t<1f)!J.
County of (.oLi-J e7'L
(j~4~
(Signature of Notary Public)
CAROLYN A. SHAW
. I.ti.~ CAAClLYN A. SHAW
foi :-i MY COMMISSION' DO 215664
1i .... ../ EXPIRES: September 25, 2007
ScnlIed ThN McIary Nic Undo!wrler,
(Print, Type, or Stamp Commissioned
Name of Notary Public)
(
Affidavit
PUDA-2005-AR-8832
PROJECT #2005120050
DATE: 12120/05
MICHAEL DERUNTZ
tit
4t
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Agenda Item No. 8B
October 24, 2006
Page 50 of 156
COVENANT OF UNIFIED CONTROL
Creekside Commerce Park Property Owners Association, Inc.
The undersigned do hereby swear or affirm that they are the fee simple titleholders and owners of record of property
commonly known as Folio Number 29331190521 and 29331190660 - 1154 Immokalee Road
(Street address and City, State and Zip Code)
and legally described in Exhibit A attached hereto.
The property described herein is the subject of an application for planned unit development (PUD) zoning. We
hereby designate O. Gradv Minor and Associates. P.A.. Roetzel and Andress. and Collier Publishinl!
Comnanv. Inc. dba Naples Dallv News legal representative thereof, as the legal representatives of the property and
as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the
necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents
to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the
site. These representatives will remain the only entity to authorize development activity on the property until such
time as a new or amended covenant of unified control is delivered to Collier County.
The undersigned recognize the following and will be guided accordingly in the pursuit of development of the
project:
1. The property will be developed and used in conformity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in connection with the planned unit
development rezoning.
2. The legal representative identified herein is responsible for compliance with all terms. conditions, safeguards,
and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in
whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by
Collier County.
3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions,
or safeguards provided for in the planned unit development process will constitute a violation of the Land
Development Code.
4. All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity
within the planned unit development must be consistent with those terms and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the tenns,
safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel
compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the
planned unit development and the County may stop ongoing construction activity until the project is brought
. 0 com iance i all terms, conditions and safeguards of the planned unit development.
Owner
Owner
]);(//{) ;:, LJtf)/4!)~~ I~"
Printed Name
STATEOF-8()t'~~ ~
COUNTY OF C (~r - 1
--.tom to (0' >flinn,d) ~ sub,onbed b,fore to, this ~ day of -1 tet&&bt r . 2005 by
0... U I d. ~ L jJ ~ 't'ho is personallv known to I1le or has produced
~fJ~
Printed Name
as identification.
(Serial Number, if any)
(Name typed, printed or stamped)e
OFFIOAL NOTARY SEAL
LYNN OA VIOSON .
NOTARY PUBUC STATE OF FLORIDA
COMMISSION NO. 00143378
MY COMMISSION EXP. AUG. 27.2006
PUDA-2005-AR-8832
PROJECT #2005120050
DATE: 12120/05
MICHAEL DERUNTZ
Agenda Item No. 88
October 24,2006
Page 51 of 156
.
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Agenda Item No. 88
October 24,2006
Page 52 of 156
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NAPLES DAILY NEWS BPPUD
LEGAL DESCRIPTION
EXHIBIT A
.
A PARCEL OF LAND LOCATED IN. THE NORTHWEST QUARTER OF
SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN
SOUTH 00038'43" EAST, ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 27"AlSO BEING THE EAST RIGHT-OF':WAY
OF U.S. 41 FOR A DISTANCE OF 125.02 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY OF IMMOKALEE ROAD; THENCE RUN NORTH 44038'23"
EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 34.99
FEET; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-
OF-WAY FOR A DISTANCE OF 573.45 FEET; THENCE RUN SOUTH 86053'15"
EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 500.61
FEET; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-
OF-WAY FOR A DISTANCE OF 134.22 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A
DISTANCE OF 599.23 FEET;THENCE RUN SOUTH 00015'00" WEST FOR A
DISTANCE OF 5.00 FEET; THENCE RUN SOUTH 89045'00" EAST FOR A
DISTANCE OF 35.04 FEET; THENCE RUN NORTH 02033'13" WEST FOR A
DISTANCE OF 5.01 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF
IMMOKALEE ROAD; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID
SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 467.96 FEET TO THE
NORTHEAST CORNER OF TRACT ilL 1" OF CREEKSIDE COMMERCE PARK
WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57
THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE RUN SOUTH 00007'39" EAST, ALONG THE EAST LINE OF SAID
TRACT "L 1" FOR A DISTANCE OF 292.18 FEET TO THE SOUTHEAST
CORNER OF SAID TRACT "L 1", ALSO BEING A POINT ON THE NORTH
RIGHT-OF-WAY OF TRACT "R" OF SAID CREEKSIDE COMMERCE PARK
WEST-UNIT ONE; THENCE RUN NORTH 89058'01" WEST, ALONG SAID
NORTH RIGHT-OF-WAY FOR:ADISTANCE OF 456.64 FEET TO A POINT ON
THE WEST BOUNDARY OF CREEKSIDE COMMERCE PARK WEST-UNIT
ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH
02019'57" EAST, ALONG SAID WEST BOUNDARY FOR A DISTANCE OF
1,179.69 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF
BENTGRASS BEND AT THE ESTATES AT BAY COLONY GOLF CLUB AS
RECORDED IN PLAT BOOK 33 AT PAGES 54 THROUGH 56 OF THE PUBLIC
-
It
Agenda Item No. 88 .
October 24, 2006
Page 53 of 156
RECORDS OF COLLIER COU~TY,. FLORIDA; THENCE RUN NORTH .
72059'03" WEST, ALONG SAID NORTHERLY BOUNDARY FOR A DISTANCE
OF 656.88 FEET; THENCE RUN SOUTH 77043'40" WEST, ALONG SAID
NORTHERLY BOUNDARY FOR A DISTANCE OF 573.75 FEET TO A POINT
ON THE WESTERLY BOUNDARY OF SAID BENTGRASS BEND AT THE
ESTATES AT BAY COLONY GOLF GLUB; THENCE RUN SOUTH 00039'12"
EAST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 187.52
FEET; THENCE RUN SOUTH 68035'21" WEST, ALONG SAID WESTERLY
BOUNDARY FORA DISTANCE OF 110.88 FEET; THENCE RUN SOUTH
57047'59" WEST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE
OF 46.92 FEET; THENCE RUN SOUTH 89020'45" WEST, ALONG SAID
WESTERLY BOUNDARY FOR A DISTANCE OF 156 .34 FEET; THENCE RUN
SOUTH 00039'15" EAST. ALONG SAID WESTERLY BOUNDARY FOR A
DISTANCE OF 34.09 FEET TO A 'P.01NT ON A CIRCULAR CURVE CONCAVE
SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH 06018'10" WEST, A
DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY
ALONG SAID WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL
ANGLE OF 38045'24", SUBTENDED BY A CHORD OF 46.45 FEET AT A
BEARING OF SOUTH 64019'08" EAST, FOR A DISTANCE OF 47.35 FEET TO
A POINT ON A CIRCULAR CURVE CONCAVE WEST, WHOSE RADIUS
POINT BEARS SOUTH 45003'34" WEST, A DISTANCE OF 197.21 FEET
THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID ~
CURVE TO THE RIGHT, HAVING A RADIUS OF 197.21 FEET, THROUGH A
CENTRAL ANGLE OF 75024'07", SUBTENDED BY A CHORD OF 241.20 FEET
AT A BEARING OF SOUTH 07:014'Z3~'EAST, FOR A DISTANCE OF 259.53
FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EAST, WHOSE
RADIUS POINT BEARS SOUTH 59032'19" EAST, A DISTANCE OF 130.00
FEET THEREFROM; THENCE RUN SOUTHERLY ALONG SAID WESTERLY
BOUNDARY AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 66043'37",
SUBTENDED BY A CHORD OF 142.9.9 FEET AT A BEARING OF SOUTH
02054'08" EAST, FOR A DISTANCE OF 151.40 FEET TO A POINT OF
REVERSE CURVATURE; THENCE RUN SOUTHERLY ALONG SAID
WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF
98024'12", SUBTENDED BY A CHORD OF 105.98 FEET AT A BEARING OF
SOUTH 12056'10" WEST, FOR A DISTANCE OF 120.22 FEET TO THE END
OF SAID CURVE; THENCE RUN SQUTH62008'16" WEST, ALONG SAID
WESTERLY BOUNDARY FOR A DISTANCE OF 75.07 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE EAST;
THENCE RUN SOUTHERLY ALONG SAID WESTERLY BOUNDARY AND THE
ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET;
THROUGH A CENTRAL ANGLE OF 93006'13"; SUBTENDED BY A CHORD OF
43.56 FEET AT A BEARING OF SOUTH 1503S'09"WE:ST, FORA DISTANCE ,
OF 48.75 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH ,
Agenda Item No. 88
October 24,2006
Page 54 of 156
. ,:"-.~'.
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e
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30057158" EAST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF
34.79 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE
CONCAVE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG SAID
WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 80.00 FEET; THROUGH A CENTRAL ANGLE OF
14016'42"; SUBTENDED BY A CHORD OF 19.88 FEET AT A BEARING OF
SOUTH 23049'37" EAST, FOR A DISTANCE OF 19.94 FEET TO THE END OF
SAID CURVE; THENCE RUN SOUTH 84013'14" EAST, ALONG SAID
WESTERLY BOUNDARY FORA DISTANCE OF 158.41 FEET; THENCE RUN
SOUTH 80055'24" EAST FOR A DISTANCE OF 183.78 FEET; THENCE RUN
SOUTH 81052'51" EAST FOR A DISTANCE OF 180.90 FEET; THENCE RUN
SOUTH FOR A DISTANCE OF 261.28 FEET; THENCE RUN WEST FOR A
DISTANCE OF 394.57 FEET;THENCE RUN NORTH FOR A DISTANCE OF
271.73 FEET; THENCE RUN NORTH 84013'14" WEST FORA DISTANCE OF .
120.32 FEET; THENCE RUN SOUTH 33005'40" WEST FOR A DISTANCE OF
54.13 FEET; THENCE RUN SOUTH 76056'51" WEST FOR A DISTANCE OF
89.04 FEET; THENCE RUN NORTH 58035'21" WEST FOR A DISTANCE OF
65.19 FEET; THENCE RUN NORTH 15031'55" WEST FOR A DISTANCE OF
74.80 FEET; THENCE RUN NORTH 00041'41" WEST FOR A DISTANCE OF
115.24 FEET; THENCE RUN NORTH 28022'47" EAST FOR A DISTANCE OF
171.51 FEET; THENCE RUN NORTH 17011'45" WEST FORA DISTANCE OF
106.79 FEET; THENCE RUN NORTH 13002'52" EAST FOR A DISTANCE OF
28.51 FEET; THENCE RUN NORTH 73036'14" WEST FOR A DISTANCE OF
54.78 FEET; THENCE RUN SOUTH 49~16'08"WEST FORA DISTANCE OF
112.78 FEET; THENCE RUN SOUTH .89047'08" WEST FOR A DISTANCE OF
53.08 FEET; THENCE RUN NOHTH S8000'49" WEST FOR A DISTANCE OF
50.49 FEET; THENCE RUN NORTH 00039'12" WEST FOR A DISTANCE OF
303.48 FEET; THENCE RUN NORTH 89020'45" EAST FOR A DISTANCE OF
341.45 FEET; THENCE RUN NORTH 00039'15" WEST FOR A DISTANCE OF
25:00 FEET; THENCE RUN NORTH 69014'15" EAST FOR A DISTANCE OF
258.29 FEET; THENCE RUN NORTH 13026'32" EAST FOR ADISTANCE OF
348.97 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTH,
WHOSE RADIUS POINT BEARS NORTH 03017'21" EAST, A DISTANCE OF
936.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 936.00 FEET, THROUGH
A CENTRAL ANGLE OF 06023114", SUBTENDED BY A CHORD OF 104.29
FEET AT A BEARING OF SOUTH 89~;54'16" EAST, FORA DISTANCE OF
104.34 FEET TO THE END OF SAIO:CURVE; THENCE RUN NORTH 86054'07"
EAST FOR A DISTANCE OF ~5,,8.32 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST; THENCE RUN
NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 50.00 FEET; THROUGH A CENTRAL ANGLE OF
86054'07"; SUBTENDED BY A CHORD OF 68.77 FEET AT A BEARING OF
NORTH 43027'04" EAST, FOR A DISTANCE OF 75.84 FEET TO THE END OF
SAID CURVE; THENCE RUN NORTH FOR A DISTANCE OF 830.91 FEET TO
A POINT ON A CIRCULAR CURVE CONCAVE NORTHWEST, V\fHOSE
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Agenda Item No" 88 .
October 24, 2006
Page 55 of 156
~~. .;
.
RADIUS POINT BEARS NORTH, A DISTANCE OF 85.00 FEET THEREFROM;
THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO
THE LEFT, HAVING A RADIUS OF 85.00 Ft:ET, THROUGH A CENTRAL
ANGLE OF 90000'00", SUBTENDED BY A CHORD OF 120.21 FEET AT A
BEARING OF NORTH 45000'00" EAST, FORA DISTANCE OF 133.52 FEETTO
THE END OF SAID CURVE; THENCE RlJN NORTH FOR A DISTANCE OF
224.63 FEET TO THE POINT OF BEGINNING; CONTAINING 36.03 ACRES,
MORE OR LESS.
6.
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Agenda Item No. 88
October 24, 2006
Page 56 of 156
COVENANT OF UNIFIED CONTROL
Ocean Boulevard Partnership II
The undersigned do hereby swear or affinn that they are the fee simple titleholders and owners of record of property
commonly known as Folio Number 00168040601. 00168040708 and 00168042803 -1200 Immokalee Road and
10500 Tamiami Trail North
(Street address and City, State and Zip Code)
auc:Uegally des~i.,; hhib-tf,.t\.a~f3recb.,-eID.
The property descnoed herein is the subject of an application for planned unit development (PUD) zoning. We
hereby designate O. Gradv Minor and Associates. P.A.. Roetzel and Andress. and Collier Publishine
Comnanv. Inc. dba NavIes Dailv News legal representative thereof, as the legal representatives of the property and
as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the
necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents
to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the
site. These representatives will remain the only entity to authorize development activity on the property until such
time as a new or amended covenant of unified control is delivered to Collier County.
The undersigned recognize the following and will be guided accordingly in the pursuit of development of the
project:
1. The property will be developed and used in conformity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in connection with the planned unit
development rezoning.
2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards,
and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in
whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by
Collier County. .
3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions,
or safeguards provided for in the planned unit development process will constitute a violation of the Land
Development Code.
4. All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity
within the planned unit development must be consistent with those terms and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel
compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the
plann unit velopment and the Co ty y stop ongoing construction activity until the project is brought
in c r terms, co . 0 d safeguards of the planned unit development.
Owner
f Au I.. :r M A-~ ilJ at. 1
Printed Name
Printed Name
STATE OF F="LOlLtO,4 )
COUNTY OF (0",,-, e?t- )
Sworn to (or affinned) and subscribed before me this 7 r:.A day of t>c=C-e""'(f.C'"YL
. 2005 by
PAul... 'S. H p..~ ..trFU.,
who is personally known to me or has produced
as identification.
~U~~
NotaryP~K'ROLYN A. SHAW
(Name typed, printed or stamped)
(i):.t OAROLYN A. SHAW
i : MY COMMISSION # DO 215664
. . EXPIRES: SepIllmb8r 25 2007
(Serial Number, if any "N 1landlld1lluNallryNllc~
PUDA-2005-AR-8832
PROJECT #2005120050
DATE: 12/20/05
MICHAEL DERUNTZ
. Agenda Item No. 88
October 24, 2006
Page 57 of 156
NAPLES DAILY NEWS BPPUD
LEGAL DESCRIPTION
tit
EXHIBIT A
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF
SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN
SOUTH 00038'43" EAST, ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 27,.ALSO BEING THE EAST RIGHT-OF':WAY
OF U.S. 41 FOR A DISTANCE OF 125.02 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY OF IMMOKALEE ROAD; THENCE RUN NORTH 44038'23"
EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 34.99
FEET; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-
OF-WAY FOR A DISTANCE OF 573.45 FEET; THENCE RUN SOUTH 86053'15"
EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 500.61
FEET; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-
OF-WAY FOR A DISTANCE OF 134.22 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE t..
SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A
DISTANCE OF 599.23 FEET;THENCE RUN SOUTH OQo15'OOtf WEST FOR A
DISTANCE OF 5.00 FEET; THENCE RUN SOUTH 89045'00" EAST FOR A
DISTANCE OF 35.04 FEET; THENCE RUN NORTH 02033'13tfWEST FOR A
DISTANCE OF 5.01 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF
IMMOKALEE ROAD; THENCE RUN SOUTH 89045'00" EAST, ALONG SAID
SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 467.96 FEET TO THE
NORTHEAST CORNER OF TRACT "L 1" OF CREEKSIDE COMMERCE PARK
WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57
THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE RUN SOUTH 00007'39" EAST, ALONG THE EAST LINE OF SAID
TRACT ilL 1" FOR A DI STANCE OF 292.18 FEET TO THE SOUTHEAST
CORNER OF SAID TRACT "L 1'\ ALSO BEING A POINT ON THE NORTH
RIGHT-OF-WAY OF TRACT "Rn OF SAID CREEKSIDE COMMERCE PARK
WEST-UNIT ONE; THENCE RUN NORTH 89058'01" WEST, ALONG SAID
NORTH RIGHT-OF-WAY FORA DISTANCE OF 456.64 FEET TO A POINT ON
THE WEST BOUNDARY OF CREEKSIDE COMMERCE PARK WEST-UNIT
ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH
02019'57" EAST, ALONG SAID WEST BOUNDARY FOR A DISTANCE OF
1,179.69 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF
BENTGRASS BEND AT THE ESTATES AT BAY COLONY GOLF CLUB AS (
RECORDED iN PLAT BOOK 33 AT PAGES 54 THROUGH 56 OF THE PUBLIC
e
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Agenda Item No. 8B
October 24, 2006
Page 58 of 156
i' ,",.
RECORDS OF COLLIER COUNTY,FLORIDA; THENCE RUN NORTH
. 72059'03" WEST, ALONG SAID NORTHERLY BOUNDARY FOR A DISTANCE
OF 656.88 FEET; THENCE RUN SOUTH 7r43'40" WEST, ALONG SAID
NORTHERLY BOUNDARY FOR A DISTANCE OF 573.75 FEET TO A POINT
ON THE WESTERLY BOUNDARY OF SAID BENTGRASS BEND AT THE
ESTATES AT BAY COLONY GOLF CLUB; THENCE RUN SOUTH 00039'12"
EAST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF 187.52
FEET; THENCE RUN SOUTH 68035'21" WEST, ALONG SAID WESTERLY
BOUNDARY FOR A DISTANCE OF 110.88 FEET; THENCE RUN SOUTH
57047'59" WEST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE
OF 46.92 FEET; THENCE RUN SOUTH 89020'45" WEST, ALONG SAID
WESTERLY BOUNDARY FORA DISTANCE OF 156.34 FEET; THENCE RUN
SOUTH 00039'15" EAST, ALONG SAID WESTERLY BOUNDARY FOR A
DISTANCE OF 34.09 FEET TGA'POINT ON A CIRCULAR CURVE CONCAVE
SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH 06018'10" WEST, A
DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY
ALONG SAID WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL
ANGLE OF 38045'24", SUBTENDED BY A CHORD OF 46.45 FEET AT A
BEARING OF SOUTH 64019'08" EAST, FOR A DISTANCE OF 47.35 FEET TO
A POINT ON A CIRCULAR CURVE CONCAVE WEST, WHOSE RADIUS
POINT BEARS SOUTH 45003'34" WEST, A DISTANCE OF 197.21 FEET
THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 197.21 FEET, THROUGH A
CENTRAL ANGLE OF 75024'07", SUBTENDED BY A CHORD OF 241.20 FEET
AT A BEARING OF SOUTH 07:c14'43~' EAST, FOR A DISTANCE OF 259.53
FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EAST, WHOSE
RADIUS POINT BEARS SOUTH 59032'19" EAST, A DISTANCE OF 130.00
FEET THEREFROM; THENCE RUN SOUTHERLY ALONG SAID WESTERLY
BOUNDARY AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 130.00 FEET, THROUGH A CENTRAL ANGLE OF 66043'37",
SUBTENDED BY A CHORD OF 142.9.9 FEET AT A BEARING OF SOUTH
02054'08" EAST, FOR A DISTANCE OF 151.40 FEET TO A POINT OF
REVERSE CURVATURE; THENCE RUN SOUTHERLY ALONG SAID
WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF
98024'12", SUBTENDED BY A CHORD OF 105.98 FEET AT A BEARING OF
SOUTH 12056'10" WEST, FOR A DISTANCE OF 120.22 FEET TO THE END
OF SAID CURVE; THENCE RUN SOUTH 62008'16" WEST, ALONG SAID
WESTERLY BOUNDARY FOR A DISTANCE OF 75.07 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE EAST;
THENCE RUN SOUTHERLY ALONG SAID WESTERLY BOUNDARY AND THE
ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET;
THROUGH A CENTRAL ANGLE OF 93006'13"; SUBTENDED BY A CHORD OF
43.56 FEET AT A BEARING OF SOUrH 15035'09" WEST, FOR A DISTANCE
OF 48.75 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH
Agenda Item No. 8B .
October 24, 2006
Page 59 of 156
..; ~...-i,; : .;
30057'58" EAST, ALONG SAID WESTERLY BOUNDARY FOR A DISTANCE OF
34.79 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE
CONCAVE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG SAID
WESTERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE RIGHT
,
HAVING A RADIUS OF 80.00 FEET; THROUGH A CENTRAL ANGLE OF
14016'42"; SUBTENDED BY A CHORD OF 19.88 FEET AT A BEARING OF
SOUTH 23049'37" EAST, FOR A DISTANCE OF 19.94 FEET TO THE END OF
SAID CURVE; THENCE RUN SOUTH 84013'14" EAST, ALONG SAID
WESTERLY BOUNDARY FOR A DISTANCE OF 158.41 FEET; THENCE RUN
SOUTH 80055'24" EAST FOR A DISTANCE OF 183.78 FEET; THENCE RUN
SOUTH 81052'51" EAST FOR A DISTANCE OF 180.90 FEET; THENCE RUN
SOUTH FOR A DISTANCE OF 261.28 FEET; THENCE RUN WEST FOR A
DISTANCE OF 394.57 FEET; THENCE RUN NORTH FOR A DISTANCE OF
271.73 FEET; THENCE RUN NORTH 84013'14" WEST FOR A DISTANCE OF
120.32 FEET; THENCE RUN SOUTH 33005'40" WEST FOR A DISTANCE OF
54.13 FEET; THENCE RUN SOUTH 76056'51" WEST FOR A DISTANCE OF
89.04 FEET; THENCE RUN NORTH 58035'21" WEST FOR A DISTANCE OF
65.19 FEET; THENCE RUN NORTH 15031'55" WEST FOR A DISTANCE OF
74.80 FEET; THENCE RUN NORTH 00041'41" WEST FOR A DISTANCE OF
115.24 FEET; THENCE RUN NORTH 28022'47" EAST FOR A DISTANCE OF
171.51 FEET; THENCE RUN NORTH 17011'45" WEST FOR A DISTANCE OF
106.79 FEET; THENCE RUN NORTH 13002'52" EAST FORA DISTANCE OF
28.51 FEET; THENCE RUN NORTH 73036'14" WEST FOR A DISTANCE OF
54.78 FEET; THENCE RUN SOUTH 4.9016'08" WEST FOR A DISTANCE OF
112.78 FEET; THENCE RUN SOUTH 89047'08" WEST FOR A DISTANCE OF
53.08 FEET; THENCE RUN NORTH 58000'49" WEST FOR A DISTANCE OF
50.49 FEET; THENCE RUN NORTH 00039'12" WEST FOR A DISTANCE OF
303.48 FEET; THENCE RUN NORTH 89020'45" EAST FORA DISTANCE OF
341.45 FEET; THENCE RUN NORTH 00039'15" WEST FOR A DISTANCE OF
25.00 FEET; THENCE RUN NORTH 69014'15" EAST FORA DISTANCE OF
258.29 FEET; THENCE RUN NORTH 13026'32" EAST FORA DISTANCE OF
348.97 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTH,
WHOSE RADIUS POINT BEARS NORTH 03017'21" EAST, A DISTANCE OF
936.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 936.00 FEET, THROUGH
A CENTRAL ANGLE OF 06023'14", SUBTENDED BY A CHORD OF 104.29
FEET AT A BEARING OF SOUTH 89~54'16" EAST, FOR A DISTANCE OF
1 04.34 FEET TO THE END Of SAIPCURVE; THENCE RUN NORTH 86054'07"
EAST FOR A DISTANCE OF 258.32 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST; THENCE RUN
NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 50.00 FEET; THROUGH A CENTRAL ANGLE OF
86054'07"; SUBTENDED BY A CHORD OF 68.77 FEET AT A BEARING OF
NORTH 43027'04" EAST, FOR A DISTANCE OF 75.84 FEET TO THE END OF
SAID CURVE; THENCE RUN NORTH FOR A DISTANCE OF 830.91 FEET TO
A POINT ON A CIRCULAR CURVE CONCAVE NORTHWEST, WHOSE .
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Agenda Item No. 88
October 24,2006
Page 60 of 156
, , \~. -...'~..:
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RADIUS POINT BEARS NORTH, A DISTANCE OF 85.00 FEET THEREFROM;
THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO
THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A CENTRAL
ANGLE OF 90000'00", SUBTENDED BY A CHORD OF 120.21 FEET AT A
BEARING OF NORTH 45000'00" EAST, FOR A DISTANCE OF 133.52 FEET TO
THE END OF SAID CURVE; THENCE RUN NORTH FOR A DISTANCE OF
224.63 FEET TO THE POINT OF BEGINNING; CONTAINING 36.03 ACRES,
MORE OR LESS.
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Agenda Item No. 8B
October 24, 2006
Page 61 of 156
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REV. 2
Agenda Item No. 88
October 24, 2006
V Page62~
anasse -.-
Daylor ~
Project 80938.01
April 3, 2006
PUDA-2005-AR-8832
PROJECT #2005120050
DATE: 4/21/06
MICHAEL DERUNTZ
Mr. Nick Casalanguida
Collier County Transportation Planning Manager
2885 South Horseshoe Dr.
Naples, FL 34104
Urban Planning
Landscape Architecture
Civil Engineering
Traffic Engineering
RE: Creekside PUD
Fl Lie. lC0000366
Dear Nick:
The Creekside West PUD (#97-51) is in the PUD amendment process. Essentially, this
PUD amendment consists of removing an existing lake in the northwest portion of the
PUD. This action will do nothing to the traffic impacts of the project. As of the
December 2005 PUD Monitoring Report, the following uses and square footages are
proposed and/or have been constructed.
Land Use
Office
Retail
Industrial
Com leted to Date S
32,506 SF
OSF
260,850 SF
It is our professional opinion that removing the 2.0:!: acre area from the PUD will have no
impact on the project from what has been approved traffic-wise. The traffic impacts have
already been accounted for in previous applications/TIS's and this amendment doesn't
affect the impacts. In addition, the traffic impacts for future buildings will be directly
reviewed as each SDP within the project goes through the process.
Therefore, we request a waiver to the Traffic Impact Statement requirements of this PUD
amendment.
I trust this infonnation is adequate for your needs, but if you have any questions or
comments, please do not hesitate to contact me.
REC~aVED
APR G 5 2005
Q. Gr;?,!J;f
C:
Wayne Arnold (Q. Grady Minor)
Dave Borden (Barron Collier Company)
& /~8cack:~'~'::;;3, r..'
1.1Pi'tifeds\809lS0938\ Traflic\8093/lL TROt. 04D306.tJoc
12730 New Brittany Boulevard. Suite 600, Fort Myers. Florida 33907 T 239."137.460 I F 239.437.4636 w vanday.com
Agenda Item No. 88
October 24, 2006
Page 63 of 156
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Agenda Item No. 88
October 24, 2006
Page 64 of 156
COVENANT OF UNIFIED CONTROL
Creekside Commerce Park property Owoers Association, Ioe.
The undersigned do hereby swear or affinn that they are the fee simple titleholders and owners of record of property
commonly known as Folio Number 29331190660 and 23991190521-1154 Immokalee Road
(Street address and City, State and Zip Code)
and legally described in Exhibit A attached hereto.
The property described herein is the subject of an application for planned unit development (PUD) zoning. We
hereby designate O. Gradv Minor and Associates. P.A. aod Roetzel aod Andress legal representative thereof, as
the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of
the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited
to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies
necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize
development activity on the property until such time as a new or amended covenant of unified control is delivered to
Collier County.
The undersigned recognize the following and will be guided accordingly in the pursuit of development of the
project:
1. The property will be developed and used in conformity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in connection with the planned unit
development rezoning.
2. The legal representative identified herein is responsible for compliance with all tenns, conditions, safeguards,
and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in
whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by
Collier County.
3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions.
or safeguards provided for in the planned unit development process will constitute a violation of the Land
Development Code.
4. All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity
within the planned unit development must be consistent with those terms and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned' unit development, seek equitable relief as necessary to compel
compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the
pI ned un' development and the County may stop ongoing construction activity until the project is brought
nto m ce w'th terms, conditions and safeguards ofthe planned unit development.
Owner
David K. Borden. President
Printed Name
Printed Name
STATE OF FLORIDA)
COUNTY OF COLLIER)
j Swo~ to (0< affinned) ",d ,u,",cribed befolC me th~ d,y of ~ 21)06 by
0.0 I cl r. ~4 tJ t ~ who is personally known to me or has produced
as identification.
OFFICIAL NOTARY SEAL
LYNN DAVIDSON
rNOTA..~Y PUBlJCSTATE OF FLORIDA
COMMISSION NO. 00143378
MY COMMISSION EXP. AUG. 27.2006
(Serial Number, if any)
Agenda Item No. 8B .
October 24, 2006
Page 65 of 156
ttt OR: 3250 PG: 1911 ttt
EXHIBIT "A"
ALL OF TRACTS R. L1 AND L2. CREEKSIDE COMMERCE pARJ( UNIT ONE. ACCORDING TO THE
PLAT THEREOF AT PLAT BOOK 29. PAGB 57. OF THE PUBLIC RECORDS OF COLLIER COUHTr,
FLORIDA.
AND
ALL OF TRACTS R. 02 I.ND 03. CREEKSIDE COMMERCE PARK UNIT TWO. ACCORDING TO THB
PLAT THEREOF AT PLAT BOOK 35, PAGE 43, OF THE PUBLIC RECORDS OF COt.LIBR COUNTY,
PLORIDA.
'1\u:..u\dhc'\dI'It\cr..lI.ide C~ PlI'.'Qult. Cl.... ~ to A..weKiati_ "'1~lt a. wit.hout 0.",.
e
Agenda Item No. 88
October 24, 2006
Page 66 of 156
~'''';J..~~~-i''';oa"~- (<~,,;,,". -.,~' ~;"'~:7~i'j.J;.F", :r.;l,~~"~~~f~"I" 'l~'r:'''''''O;:,''"<":"1'r~x''' 1:VV~~~~~~z'Pl"'Z~IlKr~A~I~mp"."'.~~-';'I~~~ ~ ~..-: ~;f' "'1':f,"~
.l\~"!,,,:~l',,~ ," ,~:r t~""t.';,:'~.l"'Mf:L" .:.... :r..... ''''J[j> ',1: '-...\,~~j\ !..." ~,'T ),!11:~;.~1'r) l ~ ,~. ,:..(;, ~"I" .i.. :;.. ~.'.'~' ,-;ti' ~
k."~~i' ,+..~ .::: '" 1 ;.., "<li .;~~t!:;'~ ",;. ~y 'I..J. .i ;: ." ,"~ " l J ,{,h~",,'; !~;.,., ?1:J~. ~:- I' . '" '~r~to.-1' -t. .. ,. "'~':" '., <"",
X:>t,,~""~,,~ '>"'''':''''1 t~-j.l-I!'r.o!"'''f ,.....".,.., ,"::;".. . 'f,-"..t~ ,\.>>:~ iliJ,.,''','' ,:~.':~'" '*''',~ oc~"''''~'''t",,~ l"'"
l*,...:'tt;;~~i1,:;::...~"'~,.:.lll.,h :;'J~U~'itK..~{...i!lliii~.,,, j ? _.:'1't/l.'~A\' 'C:'*~<<:'-"~~' ''''''Stb ,1,." .v:..illt.~" ~_~ .~~.J . _ t.",,-r t<;'j~~<t-'" :tf~~,...... _. ...... . i....~~
Creekside Commerce Park PUD Amendment
Well, Creekside Commerce Park Property Owners Association. Inc. 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 ~his 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/I further authorize Q. Grady Minor and Associates. P.A. and
Roetzel and Andress. L.P.A. to act as our/my representative in any matters
· 01;;. /
Signature of Property Owner Signature of Property Owner
--
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The foregoing instrume~ was.ackno~ledged before me this J-lJa. day of
jA.Ct.[~___, 2006, by -JJa.ili..d.l.1.j:M-,i~___who is personally known to me or
has produced _______-=-________________as identification.
State of Florida
County of Collier
Sign ure of Notary Public - State of
Florida) n
l.~nIIl~
(Print, Type, or Stamp Commissioned
Name of Notary Public)
OFFICIAL NOTARY SEAL
LYNN [)A VIDSON
NOTARY PUBUC Sf ATE OF FLORIDA
COMMISSION NO. 00143378
MY COMMISSION EXP. AUG. 27,2006
Agenda Item No. 8B .
October 24, 2006
Page 67 of 156
e
OFFICERS I DIRECTORS
05/05/05
CREEKSIDE COMMERCE PARK PROPERTY
OWNERS' ASSOCIATION INC
PfO
SfT 10
V/D
D
David K Borden
Bradley A Boaz
Thomas L Treadwell Jr
Paul J Marinell1
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Agenda Item No. 88
October 24,2006
Page 68 of 156
AFFIDAVIT OF COMPUANCE
I hereby certify that pursuant to Ordinance 01-60, of the Collier County Land
Development Code, I did give notice by mail to the following property owners and or
condominium and civic associations whose members may be impacted by the proposed land use
changes at their current address as shown by the records of the Collier County Property Appraiser
of an application request for a rezoning, PUD amendment, conditional use, variance, or parking
exemption, at least ten days prior to the scheduled Neighborhood Information Meeting. The said
notice contained the laymen's description of the site property of proposed change and the time
and place of a Neighborhood Information Meeting.
this
Per attached letters and or property owner's list, which are hereby made a part of
Affidavit of Compliance
.fhtdl C~
State of Florida
County of Collier
The foregoing Affidavit of Compliance was acknowledged before me this -.M 11+
day of
I\PC4 \ ,2~bY ~eof\.} l ~(Jc~oo<2.
who is personally known to me or who has produced
as identification.
CP~z /n.L
(Signature of Notary Public)
PAMELA M. CASE
MY COMMISSION # DO 393588
EXPIRES: May 24, 2009
s""..ded i111lJ NOllIry Public UncIo_~
fJ f}H E2/J 11, c. fl[;e
(print name of Notary Public)
NOTARY PUBUC
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers. Land Surveyors. Planners. Landscape Architects
Agenda Item No. 88
October 24, 2006
Page 69 of 156
MARK W. MINOR. P.E.
NORMAN J. TREBILCOCK, Al.C.P., P.E.
C. DEAN SMITH. P.E.
DAVID W. SCHMITI', P.E.
MICHAELJ. DELAra P.E.
MICHAEL T. HERRERA, P.E.
WILSON A. GARCIA, P.E.
DAVIDA. HYYTI, P.E.
D. WAYNE ARNOLD, A...
ROBERT "BOB" THINNES, AM.
STEPHEN V. BURGESS, P.S.M.
JUAN A. ARAQUE, P S.M.
I<ENNETIi W. P AHUTSKI
ALAN V. ROSEMAN
:JEFFREY S. CURL, ASLA, RLA
IVY WYLIE, P.E.
April 24, 2006
RE: Creekside Commerce Park PUD, PUDA-2005-AR-8832
Dear Property Owner:
Please be advised that Creekside Commerce Park Property Owners Association,
Inc., owner, represented by D. Wayne Arnold, AICP of Q Grady Minor and
Associates, PA and R. Bruce Anderson, Esq. of Roetzel and Andress have made
a formal application to Collier County to request a Planned Unit Development
(PUD) Amendment. The subject property, consisting of 108:1: acres, is located on
Immokalee Road approximately 0.2 miles from the intersection of Immokalee
Road and Tamiami Trail (U.S. 41), in Section 27, Township 48 South, Range 25
East, Collier County, Florida.
The request proposes to amend the Creekside Commerce Park PUD by reducing
the project acreage by approximately 2 acres and incorporate this acreage into a
new Business Park PUD (BPPUD). This is a companion item to PUDZ-2005-AR-
8833.
~
In order to provide you an opportunity to become fully aware of our intention to
develop the described property as indicated above and to give you an
opportunity to provide comment regarding the development intended, we are
holding a Neighborhood Information Meeting on May 10th, 2006, 5:30 P.M. at
Saint John the Evangelist Catholic Church Ballroom located at 62e;.111th Avenue
North, Naples, FL 34108.
At this meeting, we will share with you the conceptual development plans for the
property.
Sincerely, ~
~ ~,~~
D. Wayne Arnold, AICP
(
(239) 947-1144. FAX (239) 947-0375. Web Site: www.gradyminor.com
3800 Via Del Rey . Bonita Springs, Florida 34134-7569
EB 0005151 . LB 0005151 . LC 26000266
. .
Agenda Item No. 88
October 24, 2006
Co , ,
CREEKSIDE COMMERCE PARK PUD
LOCATION MAP
lOCATED IN SECTION 27, TOWNSHIP 48, RANGE 25,
COLLIER COUNTY, FLORIDA
22
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Agenda Item No. 8B
October 24,2006
Page 76 of 156
ORDINANCE NO. 06-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FOR A
PROJECT KNOWN AS CREEKSIDE COMMERCE
PARK FROM PUD TO COMMERCIAL PLANNED
UNIT DEVELOPMENT (CPUD) FOR A PROJECT TO
BE KNOWN AS CREEKSIDE COMMERCE PARK
CPUD LOCATED, IN SECTION 27, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 105 ACRES; PROVIDING
FOR THE REPEAL OF ORDINANCE NUMBER 06-41,
AS AMENDED, THE FORMER CREEKSIDE
COMMERCE PARK PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, D. Wayne Arnold of Q Grady Minor, representing Creekside West, Inc.,
petitioned the Board of County Commissioners to change the zoning classification of the herein
described rea] property, known as petition PUDA-2005-AR-8832;
NOW, THEREFORE, BE IT ORDAII\ED 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 27,
Township 48 South, Range 25 East, Collier County, F]orida, is changed from "PUD" to "CPUD"
Commercia] Planned Unit Development in accordance with the CPUD 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 04-4], as amended, the
Collier County Land Deve]opment Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 06-41, as amended, known as the Creekside Commerce Park PUD,
adopted on October 21, 1997, by the Board of County Commissioners of Collier County, is
hereby repealed in its entirety.
PUDA-2005-AR-8832MJD'sp
Page 1 of 2
Agenda Item No. 88
October 24, 2006
Page 77 of 156
SECTION THREE:
This Ordinance shall become effective upon approval of PUDZ-2005-AR-8833 Naples
Daily News BPPUD and filing with the Florida 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:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency
Marjorie M. Student-Stirling
Assistant County Attorney
PUDA .2005 -AR -88 3 2!MJD/sp
PUDA -2005-AR -8 83 2!MJD' sp
Page 2 of 2
Agenda Item No. 88
October 24, 2006
Page 78 of 156
CREEKSIDE COMMERCE PARK
A PLANNED UNIT DEVELOPMENT
PREPARED FOR
BARRON COLLIER PARTNERSHIP
CREEKSIDE COMMERCE PARK
Amended PUD (clean).DOC
A
PLANNED UNIT DEVELOPMENT
1 06::!: Acres Located in Section 27
Township 48 South, Range 25 East
Collier County, Florida
PREPARED FOR:
BARRON COLLIER PARTNERSHIP
2640 Golden Gate Parkway
Naples, FL 34105
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
YOUNG, VAN ASSENDERP & VARNADOE, P.A.
801 Laurel Oak Drive, Suite 300
Naples, Florida 34101
AMENDED DECEMBER 2005 BY:
Q. GRADY MINOR AND ASSOCIATES, P.A.
3800 Via Del Rey
Bonita Spring, Florida 34134
ROETZEL AND ANDRESS, L.P.A.
850 Park Shore Drive, 3rd Floor
Naples, Florida 34103
Agenda Item No. 88
October 24, 2006
Page 79 of 156
Agenda Item No. 88
October 24,2006
Page 80 of 156
T ABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE
11
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, &
GENERAL DESCRIPTION
1-1
SECTION II
COMMERCE PARK DEVELOPMENT
2-1
2.1 Purpose
2.2 General Description Of The Park and Proposed Land Uses
2.3 Compliance With County Ordinances
2.4 Community Development District
2.5 Land Uses
2.6 Lake Siting
2.7 Fill Storage
2.8 Use Of Right-Of-Way
2.9 Sales Office and Construction Office
2.10 Changes and Amendments To PUD Document Or PUD Master Plan
2.11 Preliminary Subdivision Plat Phasing
2.12 Open Space and Native Vegetation Retention Requirements
2.13 Surface Water Management
2.14 Environmental
2.15 Utilities
2.16 Transportation
2.17 COlmnon Area Maintenance
2.18 Design Guidelines and Standards
2.19 Landscape Buffers, Benns, Fences and Walls
2.20 Signage
2.21 General Pennitted Uses
SECTION III INDUSTRIAL/COMMERCE DISTRICT 3-1
SECTION IV BUSINESS DISTRICT 4-1
SECTION V PRESERVE AREA 5-1
EXHIBIT A AERIAL PHOTOGRAPH, LOCATION MAP
(WMB&P File No. RZ-255A)
EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN
(WMB&P File No. RZ-255B)
Amended PUD (clean).DOC
Agenda Item No. 88
October 24, 2006
Page 81 of 156
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of the Barron Collier Partnership, hereinafter
referred to as Barron Collier or the Developer, to create a Planned Unit Development (PUD) on
106:1: acres of land located in Section 27, Township 48 South, Range 25 East, Collier County,
Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The
development of Creekside Commerce Park will be in substantial compliance with the planning goals
and objectives of Collier County as set forth in the Growth Management Plan. The development
will be consistent with the policies and land development regulations adopted thereunder of the
Growth Management Plan Future Land Use Element and other applicable regulations for the
following reasons:
1. The subject property is within the Urban Mixed Use District as identified on the Future Land
Use Map which allows certain industrial and commercial uses. The Urban designation also
allows support medical facilities, offices, clinics, treatment, research and rehabilitative
centers and pharmacies provided they are located within 1/4 mile of the property boundary
of an existing or approved hospital or medical center.
2. The existing Industrial zoning is considered consistent with the Future Land Use Element
(FLUE) as provided for by Policy 5.9 and 5.11 of the FLUE.
3. The FLUE Urban-Industrial District allows for expansion of the industrial land use provided
the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned
industrial the land use is compatible with adjacent land uses and the necessary infrastructure
is provided or in place. Creekside Commerce Park has expanded the industrial land use
accordingly.
4. The FLUE Urban-Industrial District requires the uses along the boundaries of the project to
be transitional. Creekside Commerce Park has included transitional uses accordingly.
5. Creekside Commerce Park is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE.
6. Improvements are planned to be in substantial compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
7. The development of Creekside Commerce Park will result in an efficient and economical
extension of community facilities and services as required in Policies 3.1.H and L of the
FLUE.
8. Creekside Conunerce Park is a master planned, deed-restricted commerce park and is
planned to encourage ingenuity, innovation and imagination as set forth in the Collier
County Land Development Code (LDC), Planned Unit Development District.
9. This master planned park will incorporate elements from the existing Industrial, Business
Park and Industrial PUD sections of the LDC.
Amended PUD (clean).DOC
11
Agenda Item No. 88
October 24, 2006
Page 82 of 156
SHORT TITLE
This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED
UNIT DEVELOPMENT ORDINANCE".
Amended PUD (c1ean).DOC
111
Agenda Item No. 8B
October 24, 2006
Page 83 of 156
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this section is to set forth the legal description and ownership of Creekside
Commerce Park, and to describe the existing condition of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more
particularly described as follows;
COMMENCING at the northwest comer of said Section 27;
thence along the north line of said Section 27 South 89045'21" East 1869.61 feet;
thence leaving said line South 00014'39" West 125.00 feet to a point on the south right of way line of
Immokalee Road (S.R. 846) and the POINT OF BEGINNING ofthe parcel herein described;
thence along said right of way line in the following Six (6) described courses;
1) South 89045'21" East 485.99 feet;
2) South 00014'39" West 10.00 feet;
3) South 89045'21" East 150.19 feet;
4) South 89048'33" East 716.81 feet;
5) North 05034'33" West 10.05 feet;
6) South 89048'33" East 486.21 feet to a point on the west right of way line of Goodlette Road as
recorded in Plat Book 3, page 58, Public Records of Collier County, Florida;
thence along said line South 05033 '48" East 1767.02 feet;
thence leaving said line South 89020'53" West 51.18 feet;
thence North 23055'53" West 13.07 feet;
thence northwesterly, 30.71 feet along the arc ofa circular curve concave to the northeast, having a radius
of 80.00 feet, through a central angle of 21 059'52" and being subtended by a chord which bears North
12055'57" West 30.53 feet;
thence North 05000'53" West 31.56 feet;
thence North 36019'20" West 32.02 feet;
thence North 56004'35" West 35.11 feet;
thence North 80039' 15" West 32.53 feet;
thence North 88039' 12" West 97.78 feet;
thence North 86004'40" West 45.79 feet;
thence North 89049'48" West 132.77 feet;
thence North 69040' 10" West 37.23 feet;
thence South 89020'53" West 142.47 feet;
thence South 84059'26" West 24.66 feet;
thence South 74056'50" West 121.32 feet;
thence South 79049'59" West 45.93 feet;
thence westerly and northwesterly, 45.51 feet along the arc of a circular curve concave to the northeast,
having a radius of 66.00 feet, through a central angle of 39030' 16" and being subtended by a chord which
bears North 80024'53" West 44.61 feet to a point of compound curvature;
thence northwesterly, 52.92 feet along the arc of a circular curve concave to the southwest, having a
radius of 150.00 feet, through a central angle of20012'57" and being subtended by a chord which bears
North 70046'13" West 52.65 feet;
thence North 80052'42" West 36.59 feet;
Amended PUD (c1ean).DOC
1-1
8/22/2006
Agenda Item No. 8B
October 24,2006
Page 84 of 156
thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to the southeast,
having a radius of 80.00 feet, through a central angle of33004' 14" and being subtended by a chord which
bears South 82035' 11 " West 45.54 feet to a point of compound curvature;
thence southwesterly and westerly, 38.16 feet along the arc of a circular curve concave to the northwest,
having a radius of 60.00 feet, through a central angle of36026'19" and being subtended by a chord which
bears South 84016'14" West 37.52 feet to a point of compound curvature;
thence westerly and northwesterly, 68.85 feet along the arc of a circular curve concave to the southwest,
having a radius of 305.00 feet, through a central angle of 12055' 59" and being subtended by a chord
which bears North 83058'36" West 68.70 feet;
thence South 89033'25" West 18.36 feet;
thence South 89039'19" West 71.63 feet;
thence North 89034'56" West 36.03 feet;
thence South 86006' 41 " West 42.94 feet;
thence South 83044' 16" West 26.23 feet;
thence South 51001 '13" West 27.49 feet;
thence South 33025'50" West 19.95 feet;
thence South 15040'05" West 20.54 feet;
thence South 10054'39" West 34.64 feet;
thence South 89020'14" West 101.06 feet;
thence North 10046'06" East 101.42 feet;
thence North 89020'53" East 65.45 feet;
thence North 00039'07" West 100.64 feet;
thence South 89020'53" West 503.78 feet;
thence North 00039'07" West 27.71 feet;
thence North 72058'55" West 131.30 feet;
thence North 02008'56" West 1473.29 feet to a point on the south right of way line of said Immokalee
Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described;
Containing 69.48 acres more or less;
Subject to easements and restrictions of record.
Bearings are assumed and based on the north line of said Section 27 being South 89049'40" East.
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more
particularly described as follows;
Commencing at the northeast comer of said Section 27;
thence along the east line of said Section 27, South 01009'43" East 125.00 feet to a point on the south right
of way line ofImmokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein
described;
thence continue along said east line South 01009'43" East 1189.62 feet;
thence leaving said line South 89048'50" West 677.35 feet;
thence South 05035'39" East 886.02 feet;
thence South 89048'50" West 400.00 feet to a point on the easterly right of way line of Goodlette Frank
Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida;
thence along said line North 05035'39" West 2088.10 feet to a point of the south right of way line of said
Immokalee Road (S.R. 846);
thence along said line South 89049' 40" East 1168.55 feet;
thence continue along said line South 89012'58" East 1.85 feet to the POINT OF BEGINNING of the
parcel herein described;
Containing 38.9 acres more or less;
Subject to easements and restrictions ofrecord.
Bearings are assumed and based on the n0l1h line of said Section 27 being South 89046'26" East.
Amended PUD (clean)'oOC
1-2
8/22/2006
Agenda Item No. 8B
October 24, 2006
Page 85 of 156
LESS
A PORTION OF TRACTS "R" AND 'ILl" CREEKSIDE COMMERCE PARK WEST-UNIT
ONE AS RECORDED IN PLAT BOOK 29 AT PAGES 57 THROUGH 58 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWESTERL YMOST CORNER OF TRACT "R" (CREEKSIDE WAY)
CREEKSIDE COMMERCE PARK WEST-UNIT ONE AS RECORDED IN PLAT BOOK 29
AT PAGES 57 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN SOUTH 89045'00" EAST, ALONG THE SOUTH RIGHT-OF-WAY
OF IMMOKALEE ROAD FOR A DISTANCE OF 249.45 FEET; THENCE RUN SOUTH
00025'51" WEST FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60002'56"
EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82032'14" EAST FOR A
DISTANCE OF 119.17 FEET TO A POINT ON THE EAST LINE OF TRACT 'ILl" OF SAID
CREEKSIDE COMMERCE PARK WEST-UNIT ONE, ALSO BEING THE WES LINE OF
LOT 3 OF SAID CREEKSIDE COMMERCE PARK WEST -UNIT ONE; THENCE RUN
SOUTH 00007'39" EAST, ALONG SAID EAST LINE FOR A DISTANCE OF 111.93 FEET
TO A POINT ON THE NORTH RIGHT-OF-WAY OF SAID TRACT "R"; THENCE RUN
NORTH 89058'01" WEST, ALONG SAID NORTH RIGHT-OF-WAY FOR A DISTANCE OF
456.64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF SAID TRACT "R";
THENCE RUN NORTH 02019'57" WEST, ALONG SAID WEST RIGHT-OF-WAY FOR A
DISTANCE OF 294.20 FEET TO THE POINT OF BEGINNING; CONTAINING 2.32
ACRES, MORE OR LESS.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership or control of Barron Collier
Partnership, or its assigns, whose address is 2640 Golden Gate Parkway, Naples, FL 34105.
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 27, Township 48 South, Range 25 East, and is
generally bordered on the west by Agriculturally zoned and developed property; on
the north, across lmmokalee Road by office and medical (North Collier Hospital)
PUD zoned and developed property; on the east by Medical Office Park currently
under development, County Park and County Wastewater Treatment Facility; and on
the south by PUD and County Wastewater Treatment Facility. The location of the
site is shown on Exhibit A Aerial Photograph, Location Map.
B. The zoning classification of the subject property at the time of PUD application is I
(Industrial) and A (Agricultural).
C. Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm
Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park
property is located within Zones "AE-II" of the FEMA flood insurance rate.
Topographic mapping is shown on Exhibit G.
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D. The soil types on the site generally include Riviera limestone substratum, Copeland
fine sand, Pineda fine sand, Imrnokalee fine sand, Myakka fine sand, Basinger fine
sand, Riveria fine sand, Ft. Drum and Malabar fme sand, and Satellite fine sand Soil
Conservation Service mapping of soil types is shown on Exhibit D.
E. Prior to development, vegetation on the site primarily consists of active croplands
and small amounts of pine flatwoods. An isolated wetland system is located along
the south side of Immokalee Road west of Goodlette-Frank Road. This wetland
consists primarily of Brazilian pepper that surrounds a small willow area. The
wetland on the east side of Goodlette-Frank Road consists primarily of cabbage
palms. A portion of the historic water course within this wetland has been
channelized. Brazilian pepper has infested the northern part of this wetland. A
detailed vegetation mapping is shown on Exhibit C.
F. The project site is located within the Pine Ridge Canal and West Branch
Cocohatchee River sub-basins, as depicted within the Collier County Drainage Atlas
(July, 1995). The Conceptual Stormwater Management Master Plan is shown on
Exhibit H.
1.5 DEVELOPMENT OF REGIONAL IMPACT
Creekside Commerce Park does not meet the minimum thresholds for a Development of
Regional Impact (DRI), pursuant to Chapter 380.06, Florida Statutes, 1997, in that it is at or
below 80% of all numerical thresholds in the guidelines and standards set forth therein.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The pmpose of this Section is to generally describe the plan of development for Creekside
Commerce Park (park), and to identify relationships to applicable County ordinances,
policies, and procedures.
2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES
A. Creekside Commerce Park will consist of predominately industrial, warehouse,
wholesale, financial institutions, business and office uses, with limited amounts of
retail uses. Creekside Commerce Park shall establish project-wide guidelines and
standards to ensure a high and consistent level of quality for proposed features and
facilities.
B. The Master Plan is illustrated graphically on Exhibit B (WMB&P, Inc. File No. RZ-
225B). A Land Use Summary indicating approximate land use acreages is shown on
the plan. The location, size, and configuration of individual tracts shall be
determined at the time of Preliminary Subdivision Plat approval with minor
adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2. of
the Collier County Land Development Code (LDC).
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Creekside Commerce Park shall be in accordance
with the contents of this PUD Ordinance, and to the extent they are not inconsistent
with this PUD Ordinance, applicable sections of the LDC and Collier County
Growth Management Plan which are in effect at the time of issuance of any
development order. Where this PUD Ordinance does not provide developmental
standards, then the provisions of the specific section of the LDC that is othefW'ise
applicable shall apply to which said regulations relate.
B. Unless othefW'ise defined herein, or as necessarily implied by context, the definitions
of all terms shall be the same as the definitions set forth in the LDC in effect at the
time of development order application.
C. Development permitted by the approval of this PUD will be subject to the Adequate
Public Facilities Ordinance, Division 3.15 of the LDC.
D. All conditions imposed herein or as represented on the Creekside Commerce Park
Master Plan are part of the regulations which govern the manner in which the land
may be developed.
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E. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall
apply to Creekside Commerce Park, except where an exemption is set forth herein or
otherwise granted pursuant to LDC Section 3.3.4.
F. The Developer shall submit to the County an annual PUD monitoring report in
accordance with LDC Section 2.7.3.6.
2.4 COMMUNITY DEVELOPMENT DISTRICT
A. The Developer may elect to establish a Community Development District (CDD)
pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain
infrastructure and community facilities needed to serve the park. A CDD would
constitute a timely, efficient, effective, responsive and economic way to ensure the
provision of facilities and infrastructure for the proposed development. Such
infrastructure as may be constructed, managed and financed by the CDD shall be
subject to, and shall not be inconsistent with, the Collier County Growth
Management Plan and all applicable ordinances dealing with planning and
permitting of Creekside Commerce Park.
B. The land area is amenable to infrastructure provision by a district that has the powers
set forth in the charter of a Community Development District under Section 190.006
through 190.041, Florida Statutes. Such a district is a legitimate alternative available
both to the County and to the landowner for the timely and sustained provision of
quality infrastructure under the terms and conditions of County development
approval.
2.5 LAND USES
A. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes
and variations in building tracts, location and acreage of these uses shall be permitted
at preliminary subdivision plat approval, preliminary site development plan approval
and final site development plan approval to accommodate utilities, topography,
vegetation, and other site and market conditions, subject to the provisions of Section
2.7.3.5. of the Collier County LDC. The specific location and size of individual
tracts and the assignment of square footage or units shall be determined at the time of
site development plan approval.
B. Roads and other infrastructure may be either public, private or a combination of
public and private, depending on location, design and purpose. The request for a
road to be public shall be made by the Developer at the time of final subdivision plat
approval. The Developer or its assignees shall be responsible for maintaining the
roads, streets, drainage, common areas, water and sewer improvements where such
systems are not dedicated to the County. Standards for roads shall be in compliance
with the applicable provisions of the County Code regulating subdivisions, unless
otherwise approved during subdivision approval. The Developer reserves the right
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to request substitutions to Code design standards in accordance with Section 3.2.7.2.
of the LDC.
2.6 LAKE SITING
A. As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal
of this Master Plan is to achieve and overall aesthetic character for the park, to
permit optimum use of the land, and to increase the efficiency of the water
management network. Fill material from lakes is planned to be utilized within the
park; however, excess fill material may be utilized off-site. The volume of
material to be removed shall be limited to ten percent of the calculated excavation
volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more
off-site, a commercial excavation permit will be required. Final lake area
determination shall be in accordance with the South Florida Water Management
District stormwater criteria and Section 3.5.7. of the LDC.
1. Setbacks: Excavations shall be located so that the control elevation shall
adhere to the following minimum setback requirements, subject to
approval of County staff at time of final construction plan approval:
a) Twenty feet (20') from right-of-way of internal roads. The roads
will be designed to (AASHTO) road standards and shall
incorporate such factors as road alignment, travel speed, bank
slope, road cross sections, and need for barriers.
b) Forty feet (40') from Immokalee Road or Goodlette-Frank Road
rights-of-way. Perimeter property lines will have a setback of
twenty feet (20'). The roads will be designed to (AASHTO) road
standards and shall incorporate such factors as road alignment,
travel speed, bank slope, road cross sections and need for barriers.
2.7 FILL STORAGE
A. Fill storage is generally permitted as a principal use throughout the Creekside
Commerce Park PUD. Fill material generated from properties owned or leased by
the Developer may be transported and stockpiled within areas which have been
disturbed. Prior to stockpiling in these locations, the Developer shall notify the
Community Development and Environmental Services Administrator per Section
3.2.8.3.6. of the LDC. The following standards shall apply:
1. Stockpile maximum height: Thirty-five feet (35')
2. Fill storage areas in excess of five feet (5') in height shall be separated from
developed areas by fencing, excavated water bodies or other physical barriers
if the side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1).
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a) Soil erosion control shall be provided in accordance with LDC
Division 3.7.
2.8 USE OF RIGHTS-OF-WAY
Utilization of lands within all park rights-of-way for landscaping, decorative entrance ways,
and signage shall be allowed subject to review and administrative approval by the Developer
and the Community Development and Environmental Services Administrator for
engineering and safety considerations during the development review process.
2.9 SALES OFFICE AND CONSTRUCTION OFFICE
Sales offices, construction offices, and other uses and structures related to the promotion and
sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be
permitted principal uses throughout Creekside Commerce Park. These uses may be either
wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4.,
Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use
permit shall be valid through the life of the project with no extension of the temporary use
required. These uses may use septic tanks or holding tanks for waste disposal subject to
permitting under F.A.C. 100-6 and may use potable water or irrigation wells.
2.10 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
A. Changes and amendments may be made to this PUD Ordinance or PUD Master Plan
as provided in Section 2.7.3.5. of the LDC. Minor changes and refmements as
described herein may be made by the Developer in connection with any type of
development or permit application required by the LDC.
B. The Community Development and Environmental Services Administrator shall be
authorized to approve minor changes and refinements to the Creekside Commerce
Park Master Plan upon written request of the Developer or his assignee.
C. The following limitations shall apply to such requests:
1) The minor change or refinement shall be consistent with the Collier County
Growth Management Plan and the Creekside Commerce Park PUD
document.
2) The minor change or refinement shall not constitute a substantial change
pursuant to Section 2.7.3.5.1. of the LDC.
3) The minor change or refinement shall be compatible with external adjacent
land uses and shall not create detrimental impacts to abutting land uses, water
management facilities, and conservation areas within or external to the PUD.
D. The following shall be deemed minor changes or refinements:
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1) Reconfiguration of lakes, ponds, canals, or other water management facilities
where such changes are consistent with the criteria of the South Florida
Water Management District and Collier County.
2) Internal realignment of rights-of-ways.
3) Reconfiguration of parcels per Section 5.5 ofthis PUD.
E. Minor changes and refmements as described above shall be reviewed by appropriate
Collier County staff to ensure that said changes and refmements are otherwise in
compliance with all applicable County Ordinances and regulations prior to the
Community Development and Environmental Services Administrator's
consideration for approval.
F. Approval by the Community Development and Environmental Services
Administrator of a minor change or refmement may occur independently from and
prior to any application for Subdivision or Site Development Plan approval, however
such approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining all other
necessary County permits and approvals.
2.11 PRELIMINARY SUBDIVISION PLAT PHASING
Submission, review, and approval of Preliminary Subdivision Plats for the park may be
accomplished in phases to correspond with the planned development of the property.
2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS
The PUD will fully comply with all sections of the LDC and meet the requirements of the
Growth Management Plan relating to open space and retention of native vegetation.
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2.13 SURFACE WATER MANAGEMENT
In accordance with the Rules of the South Florida Water Management District
(SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event
of 3-day duration and 25-year return frequency. The lake originally approved as Lake L-
1, Creekside Unit I Plat, shall continue to be operated and maintained in accordance with
the approved plat and approved South Florida Water Management District Permit.
2.14 ENVIRONMENTAL
Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permitting (ERP) Rules, and shall further be subject to review and approval by
Collier County Planning Services Department Environmental Review Staff.
2.15 UTILITIES
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 approvals are requested.
2.16 TRANSPORTATION
A. The Developer shall provide appropriate left and/or right turn lanes on Immokalee
Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall
be in place prior to the issuance of any Certificates of Occupancy for a use that
utilizes the perspective/associated entrance.
B. There shall be a full access intersection at the park's southern entrance on
Goodlette Frank Road. When justified by traffic warrants, this intersection shall
be signalized, notwithstanding its proximity to lmmokalee Road.
C. Future access points to Immokalee and Goodlette-Frank Roads are those shown
on the Creekside Commerce Park Master Plan.
D. Arterial level street lighting shall be provided by the Developer at the park's main
entrance in conjunction with the development of this entrance.
E. Road impact fees shall be paid in accordance with the provisions of Ordinance
92-22, as amended.
F. The Developer shall provide the appropriate easements or reserve right of way so
that the southerly access road west of Goodlette Frank Road may be
interconnected to the properties to the west of Creekside Commerce Park.
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G. The Developer shall provide a fair share contribution toward the capital cost of
traffic signals at any project access when deemed warranted by Collier County.
The signal shall be owned, operated and maintained by Collier County.
H. The Developer agrees to complete construction of the segment of internal
roadway that connects Goodlette-Frank Road to the VC parcel (herein called
"southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior
to the first of the following to occur:
1) The issuance of a certificate of occupancy for the "southern parcel";
2) The issuance of a certificate of occupancy on the second business parcel to
be developed west of the Pine Ridge Drainage Easement;
3) Within 3 years of approval of this PUD; or
4) Within 9 months of obtaining "grant" money or other funds for
construction of such infrastructure from an outside source.
1. The IIC parcels west of the Pine Ridge Drainage Easement and immediately north
of the south road shall connect for service and employee access at the time that
the south road is extended to a point that they may connect.
1. The Developer agrees to provide the County with an update of the Transportation
Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat
or Site Development Plan.
K. The Goodlette-Frank Road southernmost access to the IIC parcel east of
Goodlette-Frank Road shall be limited to a right-inlright-out access.
2.17 COMMON AREA MAINTENANCE
Most common area maintenance will be provided by the CDD or by a Property Owner's
Association (POA). The CDD or the POA, as applicable, shall be responsible for the
operation, maintenance, and management of the surface water and stormwater management
systems and reserves serving Creekside Commerce Park, in accordance with any applicable
permits from the South Florida Water Management District.
2.18 DESIGN GUIDELINES AND STANDARDS
A. The Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
redevelopment of relatively large tracts of land under unified ownership as set
forth in the LDC, Section 2.2.20.
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B. Creekside Commerce Park is planned as a functionally interrelated business park
under unified control. The Developer will establish community-wide guidelines
and standards to ensure a high level of quality for both the common areas and the
individual parcel developments.
e. These guidelines will serve as a control for individual parcel development, and be
referred to as The Declaration of Covenants, Conditions and Restrictions for
Creekside Commerce Park. The level of quality defined in this document is
directed towards the creation of an attractive business environment, and these
standards are the basis for evaluation of projects submitted for review to the
Property Association's Architectural and Landscaping Committee, referred to as
the ALe. The standards in this document will include criteria for site planning,
architectural design, lighting, landscaping, and graphics and signage.
D. The specific design guidelines will act as supplemental standards to the
requirements of this Planned Unit Development Ordinance, and other County
codes, but in no way supersede them.
1. Common Areas
The master design of the park's entries and signage, streetscapes, and open
space areas will form a harmonious framework that visually links the
entire park together. This unified appearance will enhance the image of
the entire community. Internal roadways will provide efficient vehicular
circulation with streetscapes that create pleasant neighborhood
environments. Streetscape plans will be designed to establish a hierarchy
of landscape improvements appropriate in scale and character with the
function of the street and adjacent land uses. Along these streetscapes a
pedestrian walkway system will be established to link each project with
the overall community.
2. Individual Projects
A. Site Planning: Each individual parcel project will provide a visually
appealing, articulated, identifiable path of entry for pedestrians and
vehicles from the street to the site and from the site to the buildings
themselves. The orientation of a building or structure upon a site
will not only reflect the project's functional need, but will also be
responsive to the individual parcel's characteristics and be sensitive
to adjacent land uses and the surrounding community.
B. Architectural standards: The objective of the architectural standards
will be to promote the creation of an attractive, value-apparent
business environment. Design elements throughout a proj ect must
be consistent with the nature of the chosen style and building
materials selected. Project design should endeavor to adhere to the
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classical principles of design and avoid cliches, overly complex or
garish motifs, while seeking to invoke a "timeless" quality.
C. Lighting: The guidelines for lighting will establish a continuity of
design for all lighting in the park which is consistent with the overall
visual impression of the park.
D. Landscaping: The purpose of landscape design guidelines within
individual projects is to guide development toward harmonious and
visually pleasing landscape that is cohesive with the overall master
landscape plan. The Creekside landscape concept will have a
naturalistic theme. Similar to the overall project's plant palette,
individual sites will be dominated with plants that are native, xeric,
or naturalized within Southwest Florida. Landscape designs will
create a coherent theme which emphasizes plant material as a
primary unifying element.
1. Landscape elements along public R.O.W.s will be
complimentary to streetscape landscaping. Parcel entries will
be designed to harmonize with adjacent streetscape
landscaping, and clearly accentuate, the parcel entry.
2. Individual parking lots will be screened from the roadways as
much as possible, without obscuring views of the building
entrances. In addition, plant materials used around main
entrances of buildings will visually cue visitors to their
location.
E. Graphics/signage: The guidelines serve to provide continuity of
design for all signage in the park which is consistent with the overall
visual impression of the park. Parcel signage serves the
identification needs of the individual tenants and user.
2.19 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Creekside Commerce Park. Required buffer treatments shall terminate at
entrances to accommodate entrance treatments and at lakes to acconnnodate views into the
park. The following standards shall apply:
A. Landscape buffers contiguous to Immokalee Road R.O.W. will be installed at the
time of subdivision improvement per construction phase and will have the
following characteristics:
1) Minimum width of20'-0", measured from the R.O.W.
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2) Adjacent to Business District type uses within the Business District, trees will
be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.c.),
planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In
addition, a continuous 24" high shrub hedge shall be provided within the 20'
buffer.
B. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed
at the time of subdivision improvement per development phase and will have the
following characteristics:
1) Minimum width of20'-0", measured from the R.O.W.
2) Adjacent to Business District type uses within the Business and
Industrial/Commerce (lie) Districts, trees will be native, xeric, or naturalized
canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A., with
a 6' spread. At the time of individual lot improvements, hedges will be placed
at parking lot edges to satisfy the requirements ofLDC Section 2.4.7.4.
3) Adjacent to industrial type uses within the Industrial/Commerce District, trees
will be native, xeric or naturalized canopy trees, spaced at 25' O.C., planted at
an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm,
3 feet high and supplemented with a 5 foot high hedge consisting of but not
limited to the following plant material: coco plum, viburnam, ficus. The
intent will be to obtain 80% opacity within one year of planting for travelers
on Goodlette-Frank Road.
C. Landscape buffers surrounding the perimeter of the park will be installed at the
time of subdivision improvement per construction phase. The buffers are
referenced on Exhibit B, and proceed in a clockwise direction from the northeast
corner of the project as follows:
1) The landscape buffer along the eastern most property boundary, north of the
preserve area, as depicted on Exhibit B, shall consist of an Alternative "A"
type buffer. Any preservation areas within this buffer may be credited toward
buffering requirements.
2) The preserve area along the balance of the eastern most property boundary
will serve as the buffer between uses.
3) The Developer will provide a five feet (5') wide Alternative "A" type buffer
with trees planted fifty feet (50') on center between the business use and the
preserve/lake area, as depicted on Exhibit B.
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4) The Developer will provide a five feet (5') wide Alternative "A" type
landscape buffer with trees planted fifty feet (50') on center along the eastern
property boundary contiguous to the Collier County Sewage Treatment Plant.
5) The landscape buffer along the southern most property boundary, east of
Goodlette-Frank Road, shall be a five feet (5') wide Alternative "A" type
buffer with trees planted fifty feet (50') on center. An opaque hedge six feet
(6') high will be planted to supplement the existing oak tree buffer planted by
the County at the Collier County Sewage Treatment Plant.
6) The existing landscape berm/buffer from Goodlette Frank Road to the west
side of the Pine Ridge Drainage Easement will be supplemented as follows: a
type "A" buffer along the proposed lake; and the remaining area westward of
the lake will be supplemented to consist of 50 sabal palms, 8'-14' a.A. and 4
Ficus nitida 12'-13' a.A. and 6'-8' wide; locations to be coordinated with the
adjacent property owner.
7) The Developer will provide a ninety percent (90%) opaque landscape buffer
and berm between the lIC District and the Pelican Marsh PUD from the west
side of the Pine Ridge Drainage Easement to the existing berm to the west,
that approximates the existing Pelican Marsh berm/buffer. This buffer will be
installed concurrent with any lIC construction west of the Pine Ridge
Drainage Easement. The buffer shall meet ninety percent (90%) opacity
within one (I) year of planting.
8) The Developer will supplement with additional trees the buffer along the
remaining portion of the southern property line westward to achieve a ninety
percent (90%) opaque buffer. This buffer will be installed concurrent with
any lIC construction west of the Pine Ridge Drainage Easement.
9) The landscape buffer between the lIC District and the adjacent Agricultural
District along the southern portion of the western property line will be an
Alternative "A" type buffer.
10) The landscape buffer between the R.O.W. and the adjacent Agricultural
District to the west will be an Alternative "A" type buffer and be incorporated
into the R.a.W.
D. Maximum fence or wall height internal to the PUD: Twelve feet (12').
E. Landscape buffers, berms, fences and walls will be constructed along the perimeter
of the Creekside Commerce Park PUD boundary concurrent with subdivision and
site development construction phase, except where noted in this document.
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F. Sidewalks, water management systems, drainage structures, and utilities may be
allowed in landscape buffers pursuant to review and approval of the Development
Services Administrator.
G. Landscape berms located within the Creekside Commerce Park PUD boundary and
contiguous to a property line and/or right-of-way line may be constructed such that
the toe of slope is located on the property line and/or encroaches into the right-of-
way line when approved by the applicable owner or agency.
2.20 SIGNAGE
A. GENERAL
1) Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide
for the required comprehensive sign plan for the Creekside Commerce Park
2) Each platted parcel shall be considered a separate parcel of land.
3) Signs and decorative landscaped entrance features within a County dedicated
right-of-way, shall require a right-of way permit subject to the review and
approval of the County.
4) All signs shall be located so as not to cause sight line obstructions.
B. PARK ENTRY SIGNS
1) Major park entry signs shall be located as depicted on Exhibit B. Each sign
will not exceed 160 square feet in size on any side and signs will be no longer
than 25 feet in length and 8 feet in height.
2) Minor park entry signs shall be located as depicted Exhibit B. Each minor
monument sign will not exceed 100 square feet in size on any side. Minor
monument signs will be no larger than 20 feet in length and 6 feet in height.
C. INTERNAL SIGNS
1) Directional or identification signs are allowed within the business park. Such
signs may be used to identify the location or direction of approved uses such
as sales centers, information centers, etc. Individual signs may be a maximum
of 4 square feet per side in size, or signs maintaining a common architectural
theme may be combined to form a menu board with a maximum size of 25
square feet per side, and a maximum height of 8 feet. No building permit is
required unless such signs are combined to form a menu board.
2) Grand Opening signs: The Developer or parcel owner may display an on-site
grand opening sign not exceeding 32 square feet on a side, and not exceeding
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64 square feet total. Banner signs shall be anchored and may be displayed on-
site for a period not exceeding 14 days within the first three months that the
Developer/occupant is open for business.
D. USER SIGNS
1) Wall, mansard, canopy or awning signs: One wall, mansard, canopy or
awning sign may be permitted for each single-occupancy facility, or for each
establishment in a multiple-occupancy facility. Comer units within multiple-
occupancy facilities, or multi-frontage single-occupancy facilities shall be
allowed two signs, but such signs shall not be combined for the purpose of
placing the combined area on one wall. However, the combined area of those
signs shall not exceed the maximum allowable display area for signs by this
ordinance.
a. The maximum allowable display area for signs may not be more than 15
percent of the total square footage of the visual facade of the building to
which the sign will be attached and may not, in any case, exceed 200
square feet in area for any sign.
2) Monument and Pole signs: One (1) monument or pole sign is permitted for
each lot or parcel for each external and internal road frontage(s).
a. Maximum allowable sign area: 60 square feet per side, if two-sided
b. Maximum allowable height: 15 feet for pole signs, 8 feet for monument
SIgns.
c. Internal road frontage setbacks: A minimum of fifteen feet (15') from the
edge of pavement. Signs may encroach within the right-of-way subject to
maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC
and when approved by the Community Development and Environmental
Services Administrator and applicable utility.
d. External road frontage setbacks: Pole signs shall be setback from any
external right-of-way in accordance with the applicable section of the
LDC. Monument signs may be permitted closer to the right-of-way
subject to maintaining safe site distance triangles as per Section 2.4.4.16.
of the LDC and when approved by the Community Development and
Environmental Services Administrator and applicable utility.
e. Spot or floodlights may be permitted provided said light shines only on
the signs or landscaping and is shielded from motorists and adjacent
residents.
Amended PUD (cJean).DOC
2-13
8/22/2006
Agenda Item No. 8B
October 24, 2006
Page 100 of 156
f. Should the U.S. Postal Service purchase or lease land within Creekside
Commerce Park, in addition to the user signs as permitted herein, they will
be allowed one sign between Immokalee Road and the proposed lake
adjacent to the west entry.
E. TRAFFIC SIGNS
Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be
designed to reflect a common architectural theme, in accordance with Section
3.2.8.3.19. of the LDC.
2.21 GENERAL PERMITTED USES
A. Certain uses shall be considered general permitted uses throughout the Creekside
Commerce Park PUD except in the Preserve Area. General permitted uses are those
uses which generally serve the Developer and tenants of Creekside Commerce Park
and are typically part of the common infrastructure.
B. General Permitted Uses:
1. Essential services as set forth under LDC, Section 2.6.9.1.
2. Water management facilities and related structures.
3. Temporary sewage treatment facilities.
4. Lakes including lakes with bulkheads or other architectural or structural bank
treatments.
5. Guardhouses, gatehouses, and access control structures.
6. Temporary construction, sales, and administrative offices for the Developer
and Developer's auth0l1zed contractors and consultants, including necessary
access ways, parking areas and related uses.
7. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.11 of this
PUD.
8. Fill storage subject to the standards set forth in Section 2.7 ofthis PUD. Site
filling and grading as set forth in Section 2.7 of this PUD.
9. Any other use which is comparable in nature with the foregoing uses and
which the Community Development and Environmental Services
Administrator detennincs to be compatible.
Amended PUD (clean).DOC
2-14
8/22/2006
Agenda Item No. 88
October 24, 2006
Page 101 of 156
10. Sidewalks may occur within County required buffers if approved by the
Community Development and Environmental Services Administrator.
11. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with the LDC
provision in effect at the time of Site Development Plan Approval.
12. Creekside Commerce Park shall be permitted to develop with a maximwn of
40 percent commercial uses. Commercial uses are defined as offices, health
services, medical clinics, financial institutions, fitness centers, childcare
centers, restaurants and retail sales in accordance with Section 3.3. C.2.
hereof.
Amended PUD (clean).DOC
2-15
8/22/2006
Agenda Item No. 8B
October 24, 2006
Page 102 of 156
SECTION III
INDUSTRIAL/COMMERCE DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas
within Creekside Commerce Park designated on the Master Plan as "VC".
3.2 GENERAL DESCRIPTION
Areas designated as "IIC" on the PUD Master Plan are intended to provide a maximum of
620,000 square feet of gross floor area of industrial/commerce uses on 41.6:!: net acres. The
floor area ratio (FAR) for the designated industrial land uses shall not exceed .35.
3.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. The permitted principal uses and structures will generally consist of light
manufacturing, wholesale, warehouse, processing and packaging, laboratories and
clinics, research, design and product development, business services and corporate
offices and headquarters.
1. Aircraft Parts and Auxiliary Equipment (Group 3728)
2. Apparel and Other Finished Products (Groups 2311-2399)
3. Building Contractors (Groups 1521-1542), except for general contractors for
mobile home repair on site, modular housing and premanufactured housing
assembled on site, dry cleaning plant construction, paper pulp mill
construction, and truck and automobile assembly plant construction.
4. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352,
7359-7389 except for industrial truck rental and leasing; plants, live: rental
and leasing; toilets, portable: rental and leasing; employment agencies,
except theatrical and motion picture; labor contractors (employment
agencies) model registries; labor pools; manpower pools; modeling service;
dogs, rental of: for protective service; automobile recovery service;
automobile repossession service; bartering services for businesses;
bondspersons; bottle exchanges; check validation service; contractors
disbursement control; filling pressure containers (aerosol) with hair spray,
insecticides, etc.; fire extinguishers, service of gas systems, contract
conversion from manufactured to natural gas; metal slitting and shearing on a
contract or fee basis produce weighing senrice, not connected with
Amended PUD (c1ean).DOC
3-1
8/22/2006
Agenda Item No. 8B
October 24, 2006
Page 103 of 156
transportation; scrap steel cutting on a contract or fee basis; solvents recovery
service on a contract or fee basis; tobacco sheeting service on a contract or
fee basis)
5. Child Day Care Services (Group 8351)
6. Communications (Groups 4812-4899 not including major communications
towers related to cellular phone service, radio broadcasting, television
broadcasting, radar or telephone service)
7. Computer and Office Equipment (Groups 3571-3579)
8. Construction; Special Trade Contractors (Groups 1711-1799 except for
boiler erection and installation contractors; drainage system installations,
cesspool and septic tank contractors; fuel oil burner installation and servicing
contractors; gasoline hookup contractors; sewer hookups and connection for
buildings contractors; epoxy application contractors; fireproofmg buildings
contractors; gasoline pump installation contractors; lead burning contractors;
and mobile home site setup and tie down contractors)
9. Depository and Non-Depository Institutions (Groups 6011-6163)
10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives:
bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded;
cocaine and derivatives; codeine and derivatives; gland derivatives: bulk,
uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal:
organic and inorganic; morphine and derivatives; opium derivatives)
11. Educational Services (Groups 8249-8299 except construction equipment
operation schools; truck driving schools; automobile driving instruction;
survival schools; vocational counseling)
12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612,
3613,3624,3625,3631,3641-3676,3678,3679,3694, 3695, 3699, except
for airport lighting transformers, autotransformers, electric (power
transformers) distribution transformers, electric; electric furnace
transformers; lighting transformers, street and airport; transformers, reactor;
atom smashers (particle accelerators; electron beam metal cutting, forming,
and welding machines; electron linear accelerators; electrostatic particle
accel erators) )
13. Engineering, Accounting, Research, Management and Related Services
(Groups 8711-8748 except chemical laboratories, commercial research;
automobile proving and testing grounds; metallurgical testing laboratories;
pollution testing, except automotive emissions testing; radiation dosimetry
laboratories; seed testing laboratories; veterinary testing laboratories)
Amended PUD (clean).DOC
3-2
8/22/2006
Agenda Item No. 8B
October 24,2006
Page 104 of 156
14. Fabricated Metal Products (Groups 3411-3432, 3442, 3444, 3446, 3452,
3469,3492,3495,3496, production of metal is prohibited)
15. Furniture and Fixtures Manufacturing (Groups 2511-2599)
16. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229,
9311,9451,9511-9532,9611,9631-9661)
17. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556,
3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting
machines for printing trades; foundry type for printing; presses, printing -
slugs printers'; ammunition and explosives loading machinery; brick making
machines; cement making machinery; chemical kilns; control rod drive
mechanisms for use on nuclear reactors; foundry machinery and equipment;
frame straighteners, automotive (garage equipment); fur sewing machines;
ginning machines, cotton; metal finishing equipment for plating, except
rolling mill lines; metal pickling equipment, except rolling mill lines)
18. Leather and Leather Products (Groups 3131-3199)
19. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical
and Optical Goods: Watches and Clocks Manufacturing (Groups 3812-3843,
3845-3873)
20. Membership Organizations (Groups 8611-8631)
21. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for
dressing of furs: bleaching, blending, curring, scraping, and tanning; feathers:
curling, dyeing, and renovating - for the trade; fur stripping; furs dressed:
bleached, curried, scraped, tanned, and dyed; pelts: scraping, curring,
tanning, bleaching and dyeing; plumes, feather; tear gas devices and
equipment; veils made of hair)
22. Motion Picture Production (Groups 7812-7819)
23. Motor Freight Transportation (Groups 4214, 4215)
24. Packing and Crating (Group 4783)
25. Paper and Allied Products (Groups 2652-2657,2673-2679)
26. Personal Services (Groups 7213,7216,7219,7221)
27. Physical Fitness Facilities (Group 7991)
28. Plastic Materials and Synthetics (Groups 2833,2834)
29. Printing, Publishing and Allied Industries (Groups 2711-2791)
Amended PUD (clean).DOC
3-3
8/22/2006
Agenda Item No. 8B
October 24,2006
Page 105 of 156
30. Professional Offices: including but not limited to, Travel Agencies (Group
4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-
6399); Real Estate (Groups 6512, 6514, 6517, 6519, 6531, 6541, 6552,)
31. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086, 3088,
3089)
32. Transportation Equipment (Group 3732, except for boats, fiberglass: building
and repairing; boats: motorboats, sailboats, rowboats, and canoes - building
and repairing; houseboats, building and repairing; motorboats, inboard and
outboard: building and repairing)
33. United States Postal Service (Group 4311)
34. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas
storage, petroleum and chemical bulk stations and automobile dead storage)
only one (1) self-storage use allowed to be located adjacent to the Collier
County Sewage Treatment Plant.
35. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063-
5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale;
lumber: rough, dressed, and finished-wholesale; batteries, except automotive-
wholesale; storage batteries, industrial-wholesale; unit substations-wholesale;
boilers, power: industrial-wholesale; boilers, steam and hot water heating-
wholesale; burners, fuel oil and distillate oil-wholesale; oil burners-
wholesale)
36. Wholesale Trade-Nondurable Goods (Groups 5111-5143, 5145, 5147-5149,
5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale;
fish, tropical-wholesale; furs, dressed-wholesale; greases, animal and
vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut
stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and
vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude-
wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs-
wholesale; worms-wholesale)
37. Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose statement
of the District and which the Community Development and Environmental
Services Administrator determines to be compatible in this District.
B. Restricted Principal Uses
The following medical related uses must be located within a 1/4 mile radius of the
hospital property boundary.
Amended PUD (clean).DOC
3-4
8/22/2006
Agenda Item No. 8B
October 24,2006
Page 106 of 156
1. Health Services, medical clinics and offices (Groups 8011-8049)
2. Medical Laboratories and research and Rehabilitative Centers (Groups 8071-
8092, 8099)
3. Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose statement
of the District and which the Community Development and Environmental
Services Administrator determines to be compatible in this District.
C. Permitted Accessory Uses and Structures:
1. Uses and structures that are accessory and incidental to uses permitted in this
district.
2. Retail and wholesale sales and/or display areas as accessory to the principal
use, not to exceed an area greater than forty percent (40%) of the gross floor
area of the permitted principal use.
3.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 20,000 S.F.
B. Minimum Lot Width: 100 FT.
C. Minimum Yard Requirements:
1. Front Yard, adjacent to Immokalee Road or Goodlette-Frank Road: Fifty
feet (50')
2. Front Yard, Internal: Thirty feet (30')
3. Side Yard: Ten feet (10')
Five feet (5') to internal property line along Pine Ridge canal
drainage easement and FP&L easement
4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise
twenty feet (20')
5. Rear Yard: Twenty-five feet (25')
6. Minin1um Building Setback from Perimeter Boundary of PUD: Fifty feet
(50')
D. Maximum Height: Thirty Five Feet (35'), including silos, storage tanks, elevator
towers, satellite dishes, a.'1terulas, etc.
Amended PUD (clean).DOC
3-5
8/22/2006
Agenda Item No. 8B
October 24,2006
Page 107 of 156
E. Outside storage or display shall be permitted and shall be screened from all internal
and external public roadways with a fence or landscaping equivalent or combination
thereof. Said fence, wall or landscaped screen shall be opaque in design. All
manufacturing operations and equipment, including accessory process equipment
such as compressors and air handlers shall be contained in an enclosed structure.
F. All industrial building sides visible from roadways internal or external to the park
shall have the appearance of a concrete material, such as, but not linllted to, block,
brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides
visible from said roadways are prohibited; as well as exposed metal siding on any
building west of Goodlette Frank Road.
G. Business District type uses located within the I/C District along Goodlette-Frank
Road will meet the Collier County Architectural Guidelines in Division 2.8. of the
LDC.
H. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of
Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the
landscaped buffer applicable to business uses fronting Goodlette-Frank Road,
provided the portion of the building facing Goodlette-Frank Road meets the
following Architectural Guideline Sections of the LDC, therefore satisfying the
intent of the building design section of the Architectural Guidelines in the opinion of
the Community Development and Environmental Services Administrator:
1. Section 2.8.3.5.1., Purpose and Intent
2. Section 2.8.3.5.4., Facade Standard
3. Section 2.8.3.5.6., Project Standards
4. Section 2.8.3.5.7., Detail Features except for 2.8.3.5.7.2.
5. Section 2.8.3.5.12.
I. Loading Areas: Buildings west of the Pine Ridge canal and adjacent to the
Pelican Marsh boundary shall orient loading docks to the north, east or west.
1. Noise: Uses within the I/C District shall not exceed 65 dBA between the hours of
7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59
a.m. and all of Sundays, as measured at the property boundary of the land use
from which the sound emanates.
K. Odor: No business shall cause or allow the emission of odorous air from any
single source such as to result in odors which are detectable outside the parcel
Amended PUD (clean)'oOC
3-6
8/22/2006
Agenda Item No. 88
October 24, 2006
Page 108 of 156
boundaries. Best practical treatment, maintenance, and control currently available
shall be utilized in order to maintain the lowest possible emission of odorous air.
L. Lighting: Lighting shall be located so that no light is aimed directly toward a
property designated residential if lighting is located within 200 feet of residential
property. Light fixtures within parking areas shall not exceed 25 feet in height.
M. Emissions: All sources of air emissions shall comply with rules set forth by the
Environmental Protection Agency (Code of Federal Regulations, Title 40) and the
Florida Departn1ent of Environmental Regulation (Florida Administrative Code,
Chapter 17-2). No person shall operate a regulated source of air emissions
without a valid operation permit issued by the Department of Environmental
Regulation.
Amended PUD (clean).DOC
3-7
8/22/2006
Agenda Item No. 88
October 24, 2006
Page 109 of 156
SECTION IV
BUSINESS DISTRICT
4.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for areas
within Creekside Commerce Park designated on the Master Plan as "B".
4.2 GENERAL DESCRIPTION
Areas designated as "B" on the PUD Master Plan are intended to provide a maximum of
190,000 square feet of floor area, including approximately 150,000 square feet of office uses
and 40,000 square feet of retail uses on 19.1:!: net acres. The floor area ratio (FAR) for the
designated business land uses shall not exceed .35.
4.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Building Contractors (Groups 1521-1542), except for general contractors for
mobile home repair on site, modular housing and premanufactured housing
assembled on site, dry cleaning plant construction, paper pulp mill
construction, and truck and automobile assembly plant construction.
2. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338,7352,
7359-7389 except for industrial truck rental and leasing; plants, live: rental
and leasing; toilets, pOltable: rental and leasing; employment agencies,
except theatrical and motion picture; labor contractors (employment
agencies) model registries; labor pools; manpower pools; modeling service;
dogs, rental of: for protective service; automobile recovery service;
automobile repossession service; bartering services for businesses;
bondspersons; bottle exchanges; check validation service; contractors
disbursement control; filling pressure containers (aerosol) with hair spray,
insecticides, etc.; fire extinguishers, service of gas systems, contract
conversion from manufactured to natural gas; metal slitting and shearing on a
contract or fee basis produce weighing service, not connected with
transportation; scrap steel cutting on a contract or fee basis; solvents recovery
service on a contract or fee basis; tobacco sheeting service on a contract or
fee basis)
3. Child Day Care Services (Group 8351)
Amended PUD (clean).DOC
4-1
8/22/2006
Agenda Item No. 8B
October 24,2006
Page 110of156
4. Convenience Store (Group 5411) and Gasoline Filling Station (Group 5541)
only one (1) allowed.
5. Communications (Groups 4812-4899), not including major communication
towers related to cellular phone service, radio broadcasting, television
broadcasting, radar or telephone service.
6. Depository and Non-Depository Institutions (Groups 6011-6163) including
automatic teller machines
7. Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives:
bulk, uncompounded; barbituric acid and derivatives: bulk, uncompounded;
cocaine and derivatives; codeine and derivatives; gland derivatives: bulk,
uncompounded; mercury cWorides, U.S.P; mercury compounds, medicinal:
organic and inorganic; morphine and derivatives; opium derivatives)
8. Eating Places (Group 5812) not including fast food and drive-thru restaurants
9. Educational Services (Groups 8249-8299 except construction equipment
operation schools; truck driving schools; automobile driving instruction;
survival schools; vocational counseling)
10. Engineering, Accounting, Research, Management and Related Services
(Groups 8711-8748 except chemical laboratories, commercial research;
automobile proving and testing grounds; metallurgical testing laboratories;
pollution testing, except automotive emissions testing; radiation dosimetry
laboratories; seed testing laboratories; veterinary testing laboratories)
11. Government Offices/Buildings (Groups 9111-9199, 9221, 9222, 9224-9229,
9311,9451,9511-9532,9611,9631-9661)
12. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies
(Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups
6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other
Investment Offices (Groups 6712-6799); Attomeys (Group 8111)
13. Physical Fitness Facilities (Group 7991)
14. Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose statement
of the District and which the Community Development and Environmental
Services Administrator determines to be compatible in this District.
B. Restricted Principal Uses
The following medical related uses must be located within 1/4 mile radius of the
hospital property boundary.
Amended PUD (clean).DOC
4-2
8/22/2006
Agenda Item No. 8B
October 24, 2006
Page 111 of 156
1. Drug Stores and Proprietary Stores (Group 5912) Only one (1) drug store
allowed.
2. Health Services, Medical Clinics and Offices (Groups 8011-8049)
3. Medical Laboratories and research and Rehabilitative Centers (Groups 8071-
8099)
4. Any other use or service which is comparable in nature with the foregoing
uses and is otherwise clearly consistent with the intent and purpose statement
of the District and which the Community Development and Environmental
Services Administrator determines to be compatible in this District.
C. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal uses
permitted in this district.
2. Retail and wholesale sales and/or display areas as accessory to the principal
use, not to exceed an area greater than forty percent (40%) of the gross floor
area of the permitted principal use.
4.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 20,000 S.F.
B. Minimum Lot Width: 100 FT.
C. Minimum Yard Requirements:
1. Front Yard, Immokalee and Goodlette-Frank Roads: Fifty feet (50')
2. Front Yard, Internal Roads: Thirty feet (30')
3. Side Yard: Ten feet (10')
Five feet (5') to internal property line along the Pine Ridge canal drainage
easement and FP&L easement
4. Waterfront: Zero feet (0') to bulkhead or rip-rap at top of bank, otherwise
twenty feet (20')
5. Rear Yard: Twenty-five feet (25')
6. Minimum Building Setback from Perimeter Boundary ofPUD:
Amended PUD (clean).DOC
4-3
8/22/2006
Agenda Item No. 8B
October 24, 2006
Page 112 of 156
a) Fifty feet (50') for buildings up to thirty five feet (35') in height.
b) Three additional feet (3') for every one foot of building height over
thirty five feet (35') adjoining residential districts.
D. Maximum Height: Three stories over parking to a maximum of fifty feet (50') for
buildings within 1/4 mile of the hospital property boundary except that no structure
shall be greater than thirty-five feet (35'), on property west of the Pine Ridge
Drainage Easement.
E. Commercial design guidelines for facilities in the Business District shall be subject
to the provisions of Division 2.8. Architectural and Site Design Standards and Site
Design Standards for commercial buildings and projects.
F. Outside storage or display shall be permitted and shall be screened from all internal
and external public roadways with a fence at least seven feet in height above ground
level, or landscaping equivalent or combination thereof. Said fence, wall or
landscaped screen shall be opaque in design.
Amended PUD (clean)'oOC
4-4
8/22/2006
Agenda Item No. 8B
October 24, 2006
Page 113 of 156
SECTION V
PRESERVE AREA
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
area within Creekside Commerce Park, designated on the Master Plan, as Preserve Area.
5.2 GENERAL DESCRIPTION
Areas designated as Preserve Area on the Master Plan are designed to accommodate natural
systems existing or created as preserves and limited water management uses and functions.
5.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Boardwalks and nature trails (excluding asphalt paved trails).
2. Water management facilities.
3. Any other preserve and related open space activity or use which is
comparable in nature with the foregoing uses and which the Development
Services Director determines to be compatible in the Preserve Area.
5.4 PRESERVE DISTRICT PRESERVATION EASEMENT
A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for
preservation lands included in the Preserve Area. The Developer, its successor or assign
shall be responsible for the control and maintenance of lands within the Preserve Area.
Exact location/boundary of the Preserve Area will be determined during the development
permitting process with the South Florida Water Management District, Army Corps of
Engineers, and Collier County.
Amended PUD (clean).DOC
5-1
8/22/2006
Agenda Item No. 8B
October 24, 2006
Page 114 of 156
5.5 PRESERVE AREA ADJUSTMENTS
The proposed native vegetation retention areas, depicted on the Creekside Commerce Park
Master Plan, are intended for meeting the native vegetation requirements of the Collier
County Growth Management Plan and the Collier County LDC. Adjustments may be made
to the location of the preservations areas at the time of preliminary plat or site development
plan approval. If adjustments are needed, per the Collier County LDC the Developer will
have the option to increase the preservation in another area, enhance and preserve another
area, or provide increased native landscape per the Collier County LDC. The proposed
preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the
Creekside Commerce Park master plan, are areas where the native vegetation requirements
may be met as set forth in the Collier County LDC.
Amended PUD (clean).DOC
5-2
8/22/2006
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Agenda Item No. 8B
October 24, 2006
Page 115 of 156
ORDINANCE NO. 97- SI
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THE
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA or COLLIER COUNTY, FLORIDA
BY AMENDING THE OFfICIAL ZONING ATLAS HAP NUMBER
8527N; BY CHANGING THE ZONING CLASSIfICATION or
THE HEREIN DtSCRIBF.D REAL PROPERTY FROM "AN RURAL
AGRICULTURAL AND "IN INDUSTRIAL TO "PUO" PLANNED
UNIT DEVELOPMENT KNOWN AS CREEKSIDE COMMERCE PARK,
FOR INDUSTRIAL, BUSINESS AND MEDICAL RELATED USES
FOR PROPERTY LOCATED ON THE EAST AND WEST SIDES OF
GOODLETTE FRANK ROAD (C.R. B511, IMMEDIATELY SOUTH
OF IMMOKALEE ROAD (C.R. B461, IN SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
f'l.ORIDA, CONSISTING OF 10B.4 ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, George L. Varnadoe, Esquire, of Young, van
Assenderp , Varnadoe. and Alan Reynolds of Wilson, Miller, Barton
& Peek, Inc., representin~ Barron Collier Partnership, petitioned
the Board of County Commissioners to change the zoning
classification of the herein described real property;
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NOW, THEREFORE BE IT ORDAINED by the Board of Coun~
Commissioners of Collier County, Florida:
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SECTION ONE::
The zoning classification of the herein
property located in Section 27, Township 48 South, Range 25 East,
Collier County, Florida, is changed from "An Rural Agricultural
and "I" Industrial to "PUD" Planned Unit Development in
accordance WIth the Creekside Commerce Park PUD ~cument,
attached hereto as ~xhibit "A" and incorporated by reference
herein. The Official Zoning Atlas Map Humber 8527N, as described
in Ordinance Number 91-102, the Collier County Land Development
Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
PUDA-2005-AR-8832
PROJECT #2005120050
DATE: 4/21/06
MICHAEL DERUNTZ
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REV. 2
Agenda Item No. 8B
October 24, 2006
Page 116 of 156
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, florida, this -!!.!L day of October
1991.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY: 7~/~
TIMOTHY Z. ~ANCOCK, Chairman -
ATTEST: .
. ay: h":.J..:seft;. ~(!,
DWI<<HT E. BROC , Cl rk
Approved as to rorm
and Legal Sufficiency
Ir'\lt~.u:. Ih ~d~~
Marj ie M. Stu ent
Assistant County Attorney
U",D-'7-11 01101 NAHC~I
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Agenda Item No. 8B
October 24,2006
Page 117 of 156
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CREEKSIDE COMMERCE PARK
A PLANNED UNIT DEVELOPMENT
PREP ARED FOR
BARRON COLLIER PARTNERSHIP
OCTOBER, 1997
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Agenda Item No. 8B
October 24, 2006
Page 118of156
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CREEKSIDE COMMERCE PARK
A
PLANNED UNlT DEVELOPMENT
108t Acres Located in Section 27
Township 48 South. Range 25 East
Collier County. Florida
PREP ARED FOR:
BARR ~N COLLIER PARTNERSHIP
2640 Golden Gate Parkway
Naples. FL 34105
PREPARED BY:
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WILSON, MILLER. BARTON & PEEK. INC.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
YOUNG. V AK ASSENDERP & VARNADOE. P.A.
80) Laurel Oak Drive. Suite 300
Naples. Florida 34 101
DATE FILED
DATE APPROVED BY CCPC
DATE APPROVED BY BCe
ORDINANCE NUMBER
711 5/97
1012197
10/21/97
97-51
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Agenda Item No. 8B
October 24, 2006
Page 119 of 156
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STATEMENT OF COMPLIANCE AND SHORT TITLE ii
SECTION I LEGAL DESCRIPTION. PROPERlY OWNERSHIP. & J- I
GENERAL DESCRIPTION
SECTION" COMMERCE PARK DEVELOPMENT 2-1
2.1 Purpose
2.2 General Description Orne Park and Proposed Land Uses
2.3 Compliance With Counl)' Ordinances
2.4 CommL .il)' Development District
2.5 Land U:.cs
2.6 Lake Siting
2.7 Fill Storage
2.8 Use Of Right-Or.Way
2.9 Sales Office and Construction Office
e 2.10 Changes and Amendments To PUD Document Or PUD Master Plan
2.11 Preliminary Subdivision Plat Phasing
2.12 Open Space and Native Vegetation Retention Requirements
2.13 Surface Water Management
2.14 Environmental
2.15 Utilities
2.16 Transportation
2.17 Common Area Maintenance
2.18 Design Guidelines and Standards
2.19 Landscape Buffers. Bcnns. Fences and Walls
2.20 Signage
2.21 General Permitted Uses
SECTION III rNDUSTRIAUCOMMERCE DISTRICT 3-1
SECTION IV BUSfNESS DISTRICT 4-1
SECTION V PRESERVE AREA 5-1
EXHIBIT A AERIAL PHOTOGRAPH, LOCATION MAP
(WM8&P File No. RZ-255A)
EXHIBIT B CREEKSIDE COMMERCE PARK MASTER PLAN
(WMB&P Fire No. RZ-255B)
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Agenda Item No, 8B
October 24, 2D06
Page 120 of 156
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STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of the Barron Collier Partnership. hereinafter
referred to as Barron Collier or the Developer. to crC:llC 11 Planned Unit Development (PUD) on
108= acres of land located in Section 27. Township 48 South. Range 25 East. Collier County.
Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The
development of Creekside Commerce Park will be in substantial compliance with the planning
goals and objectives of Collier County as set forth in the GrO\..th Management Plan. The
development will be consistent with the policies and land development regulations adopted
thereunder of the Growth Management Plan Future Land Use Element and other applicable
regulations for the following reasons:
I. The subject property is within the Urban Mixed Use District as identified on the Future
Land Use Map which allows certain industrial and commercial uses. The Urban
designation also allows support medical facilities. offices. clinics. treatment. research and
rehabilitative centers and pharmacies provided they are located within 114 mile of the
propeny boundary of an existing or approved hospital or medical center.
2.
The existing Industrial zoning is considered consistent with the Future Land Use Element
(FLUE) as provided for by Policy 5,9 and 5.11 of the FLUE.
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3.
The FLUE Urban-Industrial District allows for expansion of the industrial land use
provided the rezone is in the fonn of a PUD. the site is adjacent to existing land designated
or 7.oned industrial the land use is compatible with adjacent land uses and the necessary
infrastru::ture is provided or in place. Creek.side Commerce Park has expanded the
industrial land use accordingly.
4.
The FLUE Urban-Industrial District requires the uses along the boundaries of the project to
be transitional. Creekside Commerce Park has induded trnnsitional uses accordingly,
5.
Creekside Commerce Park is compatible with and ~omplcmcntary to c)(isting and luturc
surrounding land uses as required in Policy 5.4 of the FLL'E.
6.
Improvements are planned to be in substantial compliance with applicable land
developm~nt regulations as set forth in Objective 3 of the FLUE.
7.
The development of Creekside Commerce POlrk will result in an efficient and economical
extension of community facilities and services as required in Policies 3,I.H and L of the
FLUE.
) 8, Creekside Commerce Park is a master planned. deed-restricted commerce park and is
; . planned 10 .ncourag. iug.nuily, innoval'on and 'm.ginal'an .. ,ct r..,h 'n ,h. Collier
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Agenda Item No, 8B
October 24, 2006
Page 121 of 156
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9.
This master planned park will incorporate elements from the existing Industrial, Business
Park and Industrial PUD sections of the LDC.
SHORT TITLE
This ordinance shall be known and cited as the "CREEKSIDE COMMERCE PARK PLANNED
UNIT DEVELOPMENT ORDINANCE".
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Agenda Item No. 8B
October 24, 2006
Page 122 of 156
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SECfION I
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LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.3 PURPOSE
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The purpose of this section is to set forth the legal description and ownership of Creekside
Commerce Park. and to describe the existing condition of the pmperty proposed to be
developed,
1.4
LEGAL DESCRIPTION
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All that part ofSeclion 27, Township 4/\ South. Range 25 Eut, Collier Counl)', Florida being more
particularly described as follows;
COMMENCING Itlhe northwest lmer of said Section 27;
lhence along the north line of said Section 27 South 89045'21" Easl 1869.b I feet;
thence leaving said line SOU[n 00014 '39" West 125.00 feel to I point on the soUlh right ofwa~ line of
Immokalee Road (S.R. 846) .nd Ihe POINT OF BEGINNING oflhe parcel herein described;
Ihence along said right ofwa)' line in lhe following Si~ (6) described courses;
I) South 8904S'21" East 485.99 feel;
2) South 00014'39" West 10.00 feet;
J) South 89045'21'. Easr 150.19 feel;
4) SOIIrh 89048'33'. East 7 J 6.81 feet;
:5) North 05034 '33" West 10,05 feet:
6) South 89048'33" East 486,21 feel 10 a point on the west right of way line of Goodlcne Road as
recorded in Plat Book 3, page 58. Public Records of Collier County. Florida:
Ihence along said line Soulh 0503)' 48- Easl 1767,02 feel:
thence leaving said line South 89020'B" West 51.18 feet:
th...."a:North 230SS'53" West 13,07 feet:
thc:nc:c northweslerly, 30.71 feel along the art: of I circular curve concave to the nOl1heasl having I radius
of 10,00 feet, through a central angle of 21059'52" and being sublended by a chord which bears North
12 "SS.5T' West 30.53 feet:
tht2lClC North 05000'53" Wesl J 1.56 feet;
IhunceNonh 36019'20" West 32,02 feet:
thence North 56004'35" West 35,11 feet:
Ihena: North 80039'15- Wesl )2,53 feel;
thence liorth 88039'12" West 97,78 feel:
thence North 86004'40" West 45,79 feet;
thence North 89049'48" West 132.77 feet:
Ihence North 69040'10" West ]7.23 feel:
thence South 89"20' 53- West 142,47 feel:
lhence South 84059'26" West 24.66 feet;
IhenceSoLlth 740S6'SO"Wes1121.32 feel;
thence South 79049'59" West4S,9] feel;
thence westerly and northwesterly, 45.5 I feet along the art: of a circular curve concave 10 rhe northeast,
having a radius of 66.00 feel. through a central angle of 39030'16" and being subtended by a chord which
bears North 80"24'53- West 44,61 feel 10 a point of compound curvature:
thence northwesterly, 52.92 feet alon& the arc of a circular curve concave to the soulhwest, havinc a
mdius of 150.00 feel. through a cenlml angle of 200' 2' 57.' and being 5ubtended by . chord which bears
North 70046'13" West 52.65 feet;
thence North 80052 '42" West 36.59 feet;
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Agenda Item No. 8B
October 24, 2006
Page 123 of 156
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thence westerly and southwesterly, 46.18 feet along the arc of a circular curve concave to the southeast,
having 8 radius of SO,OO feet, through I central Ingle 003"04'14" and being sublended by a chord which
bears South 82035'11" West 45.54 fcetto a point of compound curvature;
thence southwesterly and westerly, 38.16 fcee along the arc of I circular curve concave to the nonhwest.
having II radius of 60.00 feet, through a central angle of 36026 '19fl and being sublended by a chord which
bears South 84016'14" West 37.52 reel 10 a point of compound curvature:
thence westerly and nonhwesterly, 68.85 feet along the arc of a circular curve concave to the southwest,
having a radius of 305.00 feet. through a cenlral angle of 12055'59" and being sublended by a chord
which bears Nonh 83058'36" West 68.70 feet;
thence Soulh 89"33'25" West 18.36 feet;
thence South 89"39'19" Wesl 71.63 feel;
thence Nonh 89"34'56" West 36,03 feel;
Ihence South 86"06'41" West 42.94 feel:
thence Soulh 83044'16" Wesl 26.23 feet:
thence Soulh 51'01'13" West 27,49 feel;
thence Soulh 33025'50" Wesl 19.95 feet:
thence Soulh 15'40'05" West 20.54 feet;
thence South 10"54'39" West 34.6 feet;
thence South 89"20'14" West 101.06 feet:
lhence North 10046'06" EasII01.42 feel;
thence North 89"20' 53" East 65.45 feet;
thence North 00'39'01" Wesl 100.64 feel;
thence South 89"20'53" Wesl 503.78 feel;
thence North 00039'01" Wesl 27,71 feet;
thence North 72'58'55" West lJ \.30 feel;
thence Nonh 02"08' 56" West 1473.29 reel 10 a poinl on Ihe south right of way line nf said Immoklllee
Road (S.R. 846) and the POINT OF BEGINNING oflhc parcel herein described;
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Conlaining 69.48 acres more or less:
Subject 10 casements and resrrictions of record,
Bearings ~re assumed and based on lhe north line: of said Seelion 27 being South 89049'40" ~asl.
All thaI part of Section 27, Township 48 Soulh, Range 25 East, Collier County, Florida being more
particularly described as follows;
Commencing al the northeast comer of said Seelion 27;
thence along the easlline of said Seclion 27, Suulh 01"09'43" East 125,00 feel 10 a point on the south right
of way line of ImmokaJee Road (S,R, 846) and the POINT OF BEGlh'NING of the parcel herein
described;
thence continue along said cast line South 0"09'43'" ElISl 1189.62 feet;
thence leaving said line South 89048'50" West 677.35 feel;
thence South 05")5'39" East 886.02 feet;
thence South 89048'50" Wesl 400,00 feet to a poinl on the easterly right of way line of Goodlene Frank
Road as Recorded in Plat Book 13, page 58. Public recClrds of Collier County, Florida:
Ihence along said line North 05035'39" West 2088.10 feel to a poinl of the south righl of way line of said
Immokalee Road (S.R, 846);
thence along said line South 89049'40" East 1168,55 feet:
thence continue along said line South 89012'58" Easl 1.85 feel to the POINT OF BEGINNING of the
parcel herein described;
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C'onraining 38.9 acres more or less;
Subjccllo easements and restrictions Or record,
Bearings are assumed and ba.sed on lhe nonh line of said Seclion 27 being Soulh 89046'26- East.
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Agenda Item No. 88
October 24, 2006
Page 124 of 156
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1.3
PROPERTY OWNERSHIP
The subject property is cUJ'Tently under the equitable ownership or control of Barron Collier
Partnership. or its assigns. whose address is 2640 Golden Gate Parkway, Naples. FL 34105.
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is locllted in Section 27. Township 48 South. Range 25 East. and is
generally bordered on the west by Agriculturally zoned and developed property; on
the north. across Immokalee Road by office and medical (North Collier Hospital)
PUD zoned and developed property; on the east by Medical Office Park currently
under development, County Park and County Wastewater Treatment Facility~ and
on the south by PUD and County Wastewater Treatment Facility. The location of
the site is shown on Exhibit A Aerial Photograph. Location Map.
B. The zoning classification of the subject propen}" at the time of Pl;D application is I
(Industrial) and A (Agricultural).
C,
Elevations within the site are approximately 7,5 to 9 feet-NGVD. Per FEMA Finn
Map Panels No. 12006701930. dated June 3,1986. the Creekside Commerce Park
property is located within Zones .. AE.II" of the FEMA nood insurance rate.
Topographic mapping is shown on Exhibit G.
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O. The soil types on the site generally include Riviera limestone substratum. Copeland
fine sand. Pineda fine sand. Immokalee fine sand. Myakka fine sand. Basinger fine
sand. Riveria fine sand. Ft. Drum and Malabar fine sand. and Satellite fine sand
Soil Conservation Service mapping of soil types is shov", on Exhibit D.
E.
Prior to development, vegetation on the site primarily consists of aClive croplands
and small amounts of pine flalwoods. An isolated weIland system is located along
the south side of Immokalee Road wesl of Good I ene-Frank Road. This wetland
consists primarily of Brazilian pepper that surrounds a small willow area. The
wetland on the east side of Goodlette-Frank Road l:onsislS primarily of cabbage
palms, A portion of the historic water course within this wetland has been
channeli7.ed. Brazilian pepper has infested the nonhem pan of this wetland. ^
detailed vegetation mapping is 5ho'\l1 on Exhibit C.
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The project site is located within the Pine Ridge Canal and West Branch
Cocohatchee River sub-basins. as depicled within the Collier County Drainage Alias
(July, 1995). The Conceptual Stormwater Management Master Pion is shown on
Exhibit H,
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Agenda Item No. 8B
October 24,2006
Paqe 125 of 156
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1.5
DEVELOPMENT OF REGIONAL IMPACT
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Creekside Commerce Park does not meet the minimum thresholds for a Development of
Regional Impact (DRl), pursuant to Chapter 380.06, Florida Statutes, 1997, in that it is at or
below 800!o of all numerical thresholds in the guidelines and standards set forth therein.
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Agenda ItE;lm No. 8B
October 24, 2006
Page 126 of 156
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SECTION II
PROJECT DEVELOPMENT
PURPOSE
The purpose of this Section is to generally describe the plan of development for Creekside
Commerce Park (park). and to identify relationships to applicable County ordinances.
policies. and procedures,
2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES
A. Creekside Commerce Park will consist of predominately industrial. warehouse.
wholesale:. financial institutions. business and office uses. with limited amounts of
retail uses. Creekside Commerce Park shall establish project-wide guidelines and
standards to ensure a high and consistent level of quality for proposed features and
facilities,
B,
The Master Plan is illustrated graphically on Exhibit B (WMB&P. Inc. File No.
RZ-225B). A Land Use Summary indicating approximate land use acreages is
shown on the plan. The location. size. and configuration of individual tracts shall be
detennined at the time of Preliminary Subdivision Plat approval with mirior
adjustments at the time afFinal Plat approval. in accordance with Section 3.2.7.2. of
the Collier County Land Development Code (LDC).
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2.3 COMPLIANCE WITH COUNTY ORDINANCES
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A.
Regulations for development of Creekside Commerce Park shall be in accordance
with the contents of this PUD Ordinance. and to the extent they are not inconsistent
with this PUD Ordinance. applicable sections of the LDC and Collier County
GroVlth Management Plan which are in effect at the time of issuance of any
development order. Where this PUD Ordinance does not provide de\'clopmentaI
standards, then the provisions of the specific section of the LDC thLlI is olhef'.visc
applicable shall apply to which said regulations relate.
B.
Unless otherwise defined herein. or as necessarily implied by context. the
definitions of all tenns shall be the same as the definitions set forth in the LDC in
effect at the time of development order application,
c.
Development pennined by the approval of this PUD will be subject to the Adequate
Public Facilities Ordinance. Division 3,] 5 of the LDC.
D.
All conditions imposed herein or as represented on the Creekside Commerce Park
Master Plan are part of the regulations which govern the manner in which the land
may be developed.
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Agenda Item No. 8B
October 24,2006
Page 127 of 156
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E.
The Site Development Plans Division of the LDC (Article 3. Division J.3) shall
apply to Creekside Commerce Park. except where an exemption is set rorth herein
or otherwise granted pUr1iuant to LDC Section 3.3.4,
F. The Developer shall submit to the County an annual PUD monitoring report 10
accordance with LDC Section 2.7.3,6,
2.4 COMMUNITY DEVELOPMENT DISTRICT
A, The Developer may elect to establish a Community Development District (COD)
pursuant to Chapter 190. Florida Statules. 1997. to provide and maintain
infrastructure and community facilities needed to serve the park. A COO would
constitute a timely. eOicient. cfTective. responsive and economic way to ensure the
provision of facilities ,md infrastructure for the proposed development. Such
infrastructure as may be constructed, managed and financed by the CDD shall be
subject to. and shall not be incon.sistent with. the Collier County Growth
Management Plan and all applicable ordinancl's dealing with planning and
permitting of Creekside Commerce Park.
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B. The land area is amenable to infrastructure provision by a district that has the
powers set forth in the charter of a Community Development District under Section
190.006 through 190,041. Florida Statutes. Such a district is a Icgitimate alternative
available both to the County and to the landowner for the timely and sustained
provision of quality infrastructure under the terms and conditions of Count)"
development approval,
2.5
LAND USES
A. The location of land uses are shown on the PUD Master Plan. Exhibit B. Changes
and variations in building tracts. locolion and acreage of these uses shall be
permitted at preliminary subdivision plat approval. preJiminur)' site development
plan approval and final site development plan npproval to accommodme utilities.
topography, vegetation. and other site and market conditions. subject to the
provisions of Section 2.7.3.5. of the Collier Count)' LOe. The specific 10cD.tion and
size of individual tracts and the assignment of square foolage or units shall be
determined at the time of site development plan approval.
B.
Roads and other infrastructure may be either public. private or a combination of
public and private. depending on location. design and purpose. The request for a
road to be public shall be made by the Developer at the time of final subdivision plat
approval. The Developer or its assignees shall be responsible for maintaining the
rmlds. streets. drainage. common areas. water and sewer improvements where such
systems arc not dedicDled to the County. Standards for roads shall be in compliance
with the opplicahle provisions of the County Code regulating subdivisions. unless
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Agenda Item No. 8B
October 24, 2006
Page 128 of 156
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otherwise approved during subdivision approval. nlC Developer reserves the right
10 request substitutions to Code design standards in accordance with Section 3.2.7.2.
of the LDC.
2.6
LAKE SITING
A, As depicted on the PUD Master Plan. lakes have been preliminary sited. The goal
of this Master Plan is to achieve and overall aesthetic character for the park. to
permit optimum use of the land. and to increase the ~fficiency of the water
management network. Fill material from lakes is planned to be utilized within the
park: however, excess fill material may be utilized ofT.site. The volume of
malerial to be removed shall be limited to ten percent of the calculated excavation
volume to a maximum of 20.000 cubic yards. If the applicant wishes to take more
ofT-site. a commercial excavation permit will be required. Final lake area
detennination shall Ix- ;n accordance with the South Florida Water Management
District stonnwater crilcria and Section 3.5.7, of the LOC.
I. Setbacks: Excavations shall be located so that the control elevation shall
adhere to the following minimum setback requirements. subject to
approval of County stafT at time of final construction plan approval:
a)
Twenty feet (20') from right.of.way of internal roads, The roads
will be designed to (AASHTO) road standards and shall
incorporate such factors as road alignment. travel speed. bank
slope, road cross sections. and need for barriers.
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b) Forty feet (40') from Immokalce Road or Goodlette-Frank Road
rights-of-way. Perimeter property lines will have a setback of
twenty feel (20'). The roads will be designed to (AASHTO) road
standards and shall incorporate such factors as road alignment.
travel speed. hank slope. road cross sections and need for barriers.
2.7 FILL STORAGE
A. Fill storage is generally permitted as a principal use throughout the Cn.'ckside
Commerce Park PUO, Fill material generated from properties owned or leased by
the Developer may be transported and stockpiled within areas which have been
disturbed. Prior to stockpiling in these locations. the Developer shall notify the
Community Development and Environmental Services Administrator per Section
3.2,8.3,6, of the tOe, The following standards shall apply:
J, Stockpile maximum h.:i!:jht: Thirty-five fe.:\ (35')
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Agenda Item No, 8B
October 24, 2006
Page 129 of 156
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2.
Fill storage areas in excess of live feet (5') in height shall be separated from
developed areas b)' fencing, excavated water bodies or other physical
barriers if the side slope 0 f the stockpi Ie is !.1eeper than 4 to I (i.e. 3 to I).
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a) Soil erosion control shall be provided in accordance with LDC
Division 3.7.
2.8 USE OF RIGHTS-OF-WAY
Utilization of lands within all park rights-of-way for landscaping, decorative entrance ways.
and signage shall be allowed subject to review and administrative appruval by the
Developer and the Community Development and Environmental Services Administrator for
engineering and safety considerations during the developmenl review process.
2.9
SALES OFFICE AND CON':TRUCfION OFFICE
Sales offices, construction offices. and other uses and structures related 10 the promotion
and sale of real estate such as, but not limited to. pavilions. parking areas. and signs., shall
be permitted principal uses throughout Creekside Commerce Park. These uses may be
either wet or dry facilities. These uses shall be subject to the requirements of Section
2.6.33.4.. Section 3.2.6.3.6. and Division 3.3 of the LOC. with the exception that the
temporary use permit shall be valid through lhe life of the project with no extension of the
temporary use required. These uses may use septic tanks or holding tanks for waste
disposal subject topermining under F.A.C. lOD-6 and may use potable water or irrigation
wells.
2.10
CHANGES AND AMENDMENTS TO PlIO DOCUMENT OR PUD MASTER
PLAN
A. Changes and amendments may be made to this PUD Ordinance or PUD Master
Plan as provided in Section 2.7,),5. of the LDC. Minor changes and refinements as
described herein may be made by the Developer in connection with any type of
development or permit application required by the LDe.
B. The Community Development and Environmental Services Administrator shall be
authorized to approve minor changes and refinements to the Creekside Commerce
Park Master Plan upon written request of the Developer or his assignee.
C. The following limitations shall apply to such requests:
t. The minor change or refinement shall be consistent with the Collier County
Growth Mana:., ~ment Plan and the Creekside Commerce Park PUD
document
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Agenda Item No. 8B
October 24, 2006
Page 130 of 156
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2.
The minor change: or refinement shall not constitute a substantial change
pursuant to Section 2.7.3,5.1. of the LOC.
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3. The minor change or refincment shall be compatible \.ltith external adjacent
land uses and shall not create: detrimental impacts to abutting land uses.
water management facilities. and conservation areas within or external 10 the
PUD.
D. The following shall be deemed minor changes or refinements:
I. Reconfiguration of lakes. ponds. canals. or other water management
facilities where such changes are consistent with the criteria of the South
Florida Water Management District and Collier County.
2. Internal realignment of rights-of-ways.
3. Reconfiguration of parcels per Section 5.5 of this PUO.
E.
Minor changes and refinements as described above shall be reviewed by appropriate
Collier County staff to ensure that said changes and refinements are otherwise in
compliance with all applicable County Ordinances and regulations prior to the
CommlJnity Development and Environmental Services Administrator's
consideration for approval.
~
F. Approval by the Community Development and Environmental Services
Administrator of a minor change or refinement may occur independently from and
prior to any application for Subdivision or Site Development Plan approval,
however such approval shall not constitute an authorization for development or
implementation of the minor change or refinement without firsl oblaining an other
necessary County pennits and approvals.
2.11 PRELIMINARY SUBDIVISION PLAT PHASING
Submission. review, and approval of Preliminary Subdivision Plats for the park may be
accomplished in phases to correspond with the planned development of the propeny.
2.12 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS
A. The PUD IAliIl fully comply with all sections of the LDC and meet the requirements
of the Growth Management Plan relating to open space and retention of native
vegetation,
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Agenda Item No. 8B
October 24, 2006
Page 131 of 156
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2.13 SURFACE WATER MANAGEMENT
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A.
In accordance with the Rules of the South Florida Waler Management District
(SFWMD), Chapters 40E-4 and 4-E-40. Lhis project shall be designed for a storm
even I cO-day duration and 25.year return frequency.
2.14 ENVIRONMENTAL
A. Environmental peffi1itting shall be in accordance wilh the State of norida
Environmental Resource Permitting (ERP) Rules. and shall further be subject to
review and approval by Collier County Planning Services Department
Environmental Review Staff.
2.15 UTILITIES
A. 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 approvals arc
requested.
2.16 TRANSPORTATION
A. The Developer shall provide appropriate left and/or right turn lanes on Imlllokalce
Road and Goodlette-Frank Road at the main park entrances. Such turn lanes shall
be in place prior to the issuance of any Certificates of Occupancy for a use that
utilizes the perspective/associated entrance.
B. There shall be a full Jccess intersection at the park's southern entrance on
Goodlette Frank Road. When justified by traffic warrants. this intersection shall
be signalized, notwithstanding its proximity to Immokalee Road.
C. Future access points to Immokalee and Goodlette-r:rank Roads arc !hose shown
on the Creekside Commerce Park Master Plan.
D. Arterial level street lighting shall be provided by the Developer at the park's main
entrance in conjunction with the development of this entrance.
E. Road impact fees shall be paid in accordance with the provisions of Ordinance 92-
22. as amended.
r.
The Developer shall provide the appropriate easements or reserve right of wuy so
that the southerly access road west of Goodlette Frank Road muy be
interconnected to the properties to the west of Creekside Commerce Park.
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Agenda Item No. 8B
October 24, 2006
Page 132 of 156
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The Dev('loper shall provide a fair shDre contribution loward the cnpital cosl of
traffic signals at any project access when deemed warranted by Collier Cll\lrlly.
The signul shull be owned. operilted and maintained by Collier Count}'.
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H. The Developer agrees to complete construction of the segment uf i:::':~n:\1
roadway that connects Goodlcue-Frank Road to the IIC parcel (ht'r...:i;; ,;;~:,'d
"southern parcel") thilt is west of Goodlette Road and abuts Pelican Marsh pi i,x to
the first ufthe following to occur:
I. The issuance of 0. certificate of occupancy for the "southern parcel";
2. The issuance of a certificate of occupancy on the second business pJi .:clto
be developed wcst of the Pine Ridge Drainage Easement:
3. Within 3 year~ ')f approval oflhis PUD; ur
4. Within 9 months of obtaining "grant" money or other fUIl,!s for
construction of such infrastructure from an outside source.
L
The IIC parcels west of the Pine Ridge Drainage Easem~nt and immediately north
of the south road shall conneCl for service and employee access al the time that
the south road is extended 10 a poinl lhallhey may COnnect.
.
J. The Developer agrees 10 provide Ihe County with an update or the: Tr~IIl:;; ". ~,-:illn
Impact Statement (TIS) at the time of submittal of a Preliminary Subtli \ i"j",. Plat
or Site Development Plan,
K. The Goodleue-Frank Road southernmost access to the lIe parcel east of
Goodlette-Fmnk Road shall be limited to a right-inlright-out access.
2.17 COMMON AREA MAINTENANCE
Most common urea maintenance v'"ill be provided by Ihe CDD or by a I'rop..:n.\ .. .::r S
Association (POA). The COD or the POA. as applicable. shall be responsil.Jk (,I, the
operation. maintenance. and management of the surface water and storm water management
systems and reserves serving Creekside Commerce Park. in accordance with any appl icable
permits from the South Florida Water Management District.
2.18 DESIGN GUIDELINES AND STANDARDS
A.
The CQl1i~r County Planned Unit Developmenl Dislrit,;l is inlended It) l,', ;~::~:e
ingenuilY. innovation ilnd imaginalion in lhe planning. uesign and t1e\'L'!',: ..': or
redevelopment of relatively large tracts of land under unified ownerlohip ;i:; set
forth in the LOC. Section 2.2,20,
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Agenda Item No. 8B
October 24, 2006
Page 133 of 156
B,
Creekside Commerce Park is planned as a functionally Interrelaled busines~ park
under unified control. The Developer will establish community-wide guidelincs
and standards to ensure a high level of quality for both the common areas and the
individual parcel developments.
These guidelines will serve as a control for individual parcel development. und be
referred 10 as The Declaration or Covenants. Conditions and Restrictions for
Creekside Commerce Park. The level of quality defined in this document is
directed towards the creation of an attractive business environment, and these
standards are the basis for evaluation of projects submitted for review to the
Property Association's Architectural and Landscaping Committee, referred to as
the ALe. The standards in this document will include criteria for sitc planning,
architectural design, lighting, landscaping, and graphics and signage.
The specific design ~uidelines will act as supplemental standards to the
requirements of this Planned Unit Development Ordinance, and other County
codes, but in no way supersede them.
I. Common Areas
The master design of the park's entries and signage, streetscapcs, and open
space areas will fonn a harmonious framework Ihat visually links the
enlire park together. This unified appearance will enhance the: image of
the entire community. Internal road\,,'ays will provide efficicnt vehicular
circulation with streetscapcs that create pleasant neighborhood
environments. Streetscape plans will be designed to establish a hierarchy
of landscape improvements appropriate in scale and character with the
function of the street and adjacent land uses, Along these streetscapes a
pedestrian walkway system will be established to link each project with
the overall community.
2. Individual Projects
a)
Site Planning: Each individual parcel project will provide a
visually appealing, articulated. identifiable path of entry for
pedestrians and vehicles from the street to the site and from the site
to the buildings themselves. The orientation of a building or
structure upon a site will not only reflect the project's functional
need. but will also be responsive to the individual parcel.s
characteristics and be sensitive to adjacent land uses and the
surrounding community.
Architectural standards: The objective of the archilcctural
standards will be 10 promote the creation of an ama<:tivl:, value-
apparent business environment. Design elements Ihroushout a
2-8
Agenda Item No. 8B
October 24, 2006
Page 134 of 156
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project must be consistent with the nature of the chosen style and
building materials seleClf:d. Project design should endeavor to
odhere to the cla.~sical principles of design and avoid cliches.
overly complex or garish motifs. while seeking to invoke a
"timeless" quality, '
b)
Lighting: The guidelines for lighting will establish a continuity of
design for all lighting in the park which is consistent with the
overall visual impression of the [lark,
c)
Landscoping: The purpose of landscape design guidelines within
individual projects is to guide development toward harmonious and
visually pleasing landscape that is cohesive with the overall master
landscope plan. The Creekside landscape concept will have a
naturali-'lc theme. Similar to the overall project's plant palette.
individual sites will be dominated with plants that are native.
xeric. or naturalized within Southwest r-lorida, Landsc3pc designs
will create a coherent theme which emphasizes plant material as a
primary unifying element.
(I) Landsc:1pe clements along public R.O.W.s will be
complimentary to streetscape landscaping. Parcel entries
will be designed to harmonize with adjacent strectscape
landscaping, and clearly accentuate. the parcel entry.
(2) Individual parking Jots will be screened from the roadways
as much as possible, without obscuring views of the
building entrances. In addition. plant materials used around
main entrances of buildings will ,'isually cue visitors to
their location.
d) Graphics/signage: Thc guidelines serve to provide continuity of
design for all signage in the park which is consistent with the
overall visual impression of the park. Parcel signage serves the
identification needs of the individual tenants and user,
2.19 LANDSCAPE BUFFERS. BERMS, FENCES AND WALLS
Landscape butTers. berms. fences and walls are generaHy pennitted as a principal use
throughout Creekside Commerce Park. Required buffer treatments shall tenninate at
entr<lOCCS to accommodale entrance treatments and at lakes to accommodatc views into the
park. The following standards shall apply:
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2.9
Agenda Item No. 8B
October 24, 2006
Page 135 of 156
A.
landscape buffers contiguous 10 Immokalee Road R.O. W, ....ill be installed 3t the
time of subdivision improvement per construction phase and will have the
following characteristics:
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). Minimum width of 20' -0". measured from the R.O. W.
2. Adjacent to Business District type uses within the Business District. trees
will be native. xeric. or naturalized canopy trees. spaced at 25' on center
(O,C.), planted at an initial height of 13'-14' overall (O,A,) with a 6'
spread. In addition. a continuous 24" high shrub hedge shall be provided
within the 20' buffer.
B. Landscape buffers contiguous to Goodlette-frank Road R.O. W. will be installed
at the time of subdivision improvement per development phase and will have the
following characteristic1::
I. Minimum width of20'-O", measured from the R.O.W.
2. Adjacent to Business District type uses within the Business anel
Industrial/Commerce (I/C) Districts, trees will be native. xeric. or
naturalized canopy trees. spaced at 25' O.c.. planted at an initial height
of 12' a.A.. with a 6' spread. At the time of imlividuallot improvements,
hedges will be placed at parking lot edges to s3tisfy the requirements of
LDC Section 2.4.7.4,
3. Adjacent to industrial type uses within the Industrial/Comm~rce District,
trees will be native, xeric or naturalized canopy trees, spaced at 25' a.c..
planted at an initial height of 12. a.A, with a 6' spread. Trees will be
placed on a berm. 3 feet high and supplemented with a 5 foot high hedBc
consisting of but not limited to the following plant material: coco plum.
vi burnam, ficus. The intent will be to obtain 80% opllcity within one year
of plnnting for travelers on Goodlctte-Frank Road.
C, Landscape buffers surrounding the perimeter of the park will be inst&llled al the
time of subdivision improvement per construction phase. The buffers are
referenced on Exhibit B. and proceed in a clockwise direction from the northeast
comer of the project as follows:
I, The landscape buffer along the eastern most property boundary. north of
the preserve area, as depicted on Exhibit B. shall consist of an Alternative
"A" type buffer. Any preservation areas within this buffer may be crediled
\(Iward buffering requiremenlS.
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2.
The preserve area along the balance of the eastern most propcrt~. boundary
will serve as the buffer between uses.
2.10
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Agenda Item No. 8B
October 24, 2006
Page 136 of 156
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3.
The Developer will provide a five feet (5') wide Allern~lIive "A" type
buffer with trees planted fifty feet (50') on center between the business use
and the preserve/Jake area, as depicted on Exhibit B.
4. TIle Developer will provide a five feet (5') wide Alternative "A" type
landscape buffer with trees planted fifty feet (50') on cenlcr along the
eastern propeny boundary contiguous lo lhl: Collier County SC:\I.'age
Treatment Plant.
5. TIle landscape buffer along the southern most propeny boundary, e:lS1 of
GoodleHe-Frank Road, shall be a five feel (5') wide Alternative "A" type
buffer with trees planted fifty feet (50') on center. An opaque hedge six
feet (6') high will be planted to supplement the existing oak tree burTer
planted by the (')unty ilt the Collier County Sewage Treatment Plant.
6. The existing landscape berm/buffer from Goodlette Frank Road to the
west side of the Pine Ridge Drainage Easement will be supplemented as
follows: a type "A" buffer along the proposed lake; and the remaining
area westward of the lake will be supplemented to consist of 50 sabal
palms, 8'-14' O.A. and 4 Ficus nitida 12'.13' O.A. and 6'-8' wide:
locations to be coordinated with the adjacent propeny ovmer.
7. The Developer will provide a ninety percent (90%) opaque landscape
butTer and berm between the TIC District and the Pelic:m Marsh PUD from
the west side of the Pine Ridge Drainage Easement to the existing berm to
the west, that approximates the existing ?elican Marsh bennlbuffer. This
buffer will be installed concurrent with any I/C construction west of the
Pine Ridge Drainage Easement. The buffer shall meet ninety percent
(90%) opacity within one (I) year of planting.
8. The Developer will supplement with additional trees lhe buffer along Ihl.:
remaining ponion of the southern propeny line westward to achieve a
ninety percent (90%) opaque butTer. This buffer will be inslalh:d
concurrent with any [IC construction west of the Pine Ridge. Drainage
Easement.
9, The landscape buffer between the lIC District and the adjacent
Agricultural District along the southern ponion of the western propeny
linc will be an Alternative "A" type buITer.
10.
The landscape buffer between the R.O. W. and the adjacent Agricultural
District to the west will be an Alternative "A" type butTer and be
incorporated into the R.O. W.
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2.11
Agenda Item No. 88
October 24, 2006
Page 137 of 156
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D. Maximum fence or wall height intemalto the PUD: Twelve feet (12').
E.
Landscape bulTers. berms. fences and walls will be constnJcted :lIong the pcrimctl:r
of the Creekside Commerce Park PUD boundary concurrent wilh subdivision and
site development construction pha.c;e. except where noted in Ihis document.
F. Sidewalks. water management systems. drainage structures. and utilities may be
allowed in landscape buffers pursuant to review and approval of the Development
SelVices Administrator.
G. Landscape berms located within the Creekside Commerce Park PUD boundary and
contiguous to a propcny line andlor right-oC.way line may be constructed such thaI
the toe of slope is located on the property line and/or encroaches into the right-of-
way line when approved by the applicable owner or agency.
2.20 SIGNAGE
A. GENERAL
I, Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions
provide for the required comprehensive sign plan for the Creekside
Commerce Park
2. Each planed parcel shall be considered a separate parcel of land,
3. Signs and decorative landscaped entrance features within a County
dedicated right-or.way, shall require a right.of way permit subject to the
review and approvnl of the County.
4. All signs shall be localed so as not to cause sighlline obstructions.
B. PARK ENTRY SIGNS
I. Major park entry signs shall be located as depicted on Exhibit B. Each
sign will not exceed 160 square feet in si,ze on any side and signs will be
no longer than 25 feet in length and 8 feet in height.
2. Minor park entry signs shall be located as depicted Exhibil B. Each minor
monument sign will not exceed 100 square feet in size on any side. Minor
monumenl signs will be no larger than 20 feel in length and 6 feel in
height.
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C. INTERNAL SIGNS
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2-12
Agenda Item No. 8B
October 24, 2006
Page 138 of 156
Agenda Item No. 8B
October 24,2006
Page 139 of 156
tit
Community Development and
Administrator and applicable Ulility.
Environmental Services
d) External road frontage setbacks: Pole signs shall be !;ctbDck from
an>' external riSht-of.w~y in accordancc with the: applicable section
of the LDC. Monument signs may be pcnnilled closer 10 thc right-
of-way subjcct to maintaining safe sile distance triangles as per
Section 2.4,4, I 6. of the LDC and whcn approved by the
Community Development and En..ironmental Services
Administrator and applicable utility.
e) Spot or Ooodlights may be pennilled pro....ided said light shines
only on the signs or landscaping and is shielded from motorists and
adjacent residents.
n Should the U.S. Postal Service purchase or lease land within
Creekside Commerce Park, in addition to the user signs as
permincd herein. they will be allowed onc sign between
Immokafee Road and the proposed lake adjacent 10 the west entry.
E. TRAFFIC SIGNS
I. Traffic signs such as street name signs. stop signs. speed limil signs. etc.
may be designed to renect a common architectural theme. in accordance
with Section 3.2.8,3.19, orthe LDC.
2.21 GENERAL PERMIlTED USES
A. Certain uses shall be considered general pennilted uses throughoul the Creekside
Commerce Park PUD except in the Preserve Area. General permitted uses arc those
uses which generally serve the Developer and tcnanlS of Creekside Commerce Park
and are typically part of the common infrastructure.
B. General Pennitted Uses:
I. Essential services as set fonh under LDC. Section 2,6.9.1.
2. Woter management lncilities and related structures.
3. Temporary sewage trealment facilities.
4.
Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
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Agenda Item No. 8B
October 24, 2006
Paqe 140 of 156
Agenda Item No. 8B
October 24, 2006
Page 141 of 156
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Agenda Item No, 88
October 24, 2006
Page 142 of 156
5.
6.
recovery service on a contract or fee basis; tobacco sheeting service on a
contrnct or fee basis)
Child Day Care Services (Group 8351)
Communications (Groups 4812-4899 not including major communications
towers related to cellular phone service. radio broadcasting. television
broadcasting, radar or telephone service)
Computer and Office Equipment (Groups 3571-3579)
Construction; Special Trade Contractors (Groups 1711-1799 except for
boiler erection and installation contractors: drainage system installations.
cesspool and septic tank contractors; fuel oil burner installation and
servicing contractors; gasoline hookup contractors; sewer hookups and
connection for buildings contractors; epoxy application conlractors;
fireproofing buildings contractors: gasoline pump installation contructors:
lead burning contractors; and mobile home site setup and tie down
contractors)
Depository and Non-Depository Institutions (Groups 6011-6163)
Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives:
bulk. uncompounded; barbituric acid and derivatives: bulk. uncompounded;
cocaine and derivatives; codeine and derivatives; gland derivatives: bulk,
uncompounded; mercury chlorides. U.S.P; mercury compounds, medicinal:
organic and inorganic; morphine and derivatives; opium derivatives)
Educational Services (Groups 8249-8299 except construction equipment
operation schools; truck driving schools; automobile driving instruction;
survival schools; vocational counseling)
Electronics and Other Electrical Equipment Manufacturing (Groups 3612,
3613, 3624, 3625, 3631. 3641-3676, 3678. 3679. 3694. 3695, 3699, except
for airport lighting transformers, autotransformers. electric (power
transformers) distribution transformers. electric; electric furnace
transformers; lighting transformers. street and airport; trnnsformers. reactor~
atom smashers (particle accelerators; electron beam metal cutting, forming.
and welding machines; electron linear accelerntors; electrostatic particle
accelerators))
Engineering. Accounting. Research. Management and Related Services
(Groups 8711-8748 except chemical laboratories. commercial research;
automobile proving and testing grounds; metallurgical testing laboratories;
pollution testing. except automotive emissions testing; radiation dosimetry
laboratories; seed testing laboratories; veterinary testing laboratories)
Fabricated Metal Products (Groups 3411-3432. 3442. 3444, 3446, 3452,
3469,3492,3495,3496, production ofmetaJ is prohibited)
Furniture and Fixtures Manufacturing (Groups 251 1-2599)
Government OfficeslBuildings (Groups 9111-9 J 99, 9221, 9222, 9224-9229.
9311.9451.9511-9532.9611.9631-9661)
Industrial and Commercial Machinery (Groups 3524. 3546, 3553-3556,
3559. 3562, 3564-3566. 35& 1-3599 except for bronzing and dusting
machines for printing trades; foundry type for printing; presses. printing .
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7.
8.
9.
10.
11.
12.
13.
14.
15.
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Agenda Item No. 8B
October 24,2006
Page 143 of 156
slugs printers'; ammunition and explosives loading machinery: brick
making machines; cement making machincr)'; chemical kilns: control rod
drive mcchMisms for use on nuclear reactors: foundry machinery and
equipment; frame straighteners. llutomotive (garage equipment); fur sewin!:
machines; giMing machines, cotton; metal finishing equipment for plating,
except rolling mill lines; metal pickling equipment, except rolling mill lines)
18. Leather and Leather Products (Groups 3131-3199)
19. Mensuring, Analyzing, and Controlling Instruments; Photographic, Medicol
and Optical Goods: Watches and Clocks Manufacturing (Groups 3812-3843.
3845-3873)
20. Membership Organizations (Groups 8611-8631 )
21. Miscellaneous Manufacturing Industries (Groups 391 ]-3999 except for
dressing of furs: bleaching, blending, curring, scraping, and tanning;
feathers: curlin~, dyeing, and renovating - for the trade; fur stripping; furs
dressed: bleaclled, curried, scraped, tanned, and dyed; pelts: scraping,
curring, tanning, bleaching and dyeing; plumes. feather; tear gas devices and
equipment; veils made of hair)
22. Motion Picture Production (Groups 7& 12-7819)
23. Motor Freight Transportation (Groups 42 I 4,4215)
24. Packing and Crating (Group 4783)
25. Paper and AlIied Products (Groups 2652-2657, 2673-2679)
26. Personal Services (Groups 7213. 7216. 7219. 7221)
27. Physical Fitness Facilities (Group 7991)
28. Plastic Mlltcrials and Synthetics (Groups 2833,2834)
29. Printing, Publishing and Allied Industries (Groups 2711.2791)
30. Professional Offices: including but not limited to, Travel Agencies (Group
4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-
6399); Real Estate (Groups 6512. 6514,6517.6519.653 1.654].6552.)
31. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086.
J088. 3089)
32. Transporution Equipment (Group 3732. except for boats, fiberglass:
building and repairing; boats: motorboats, sailboats. rowboats. and canoes -
building and repairing; houseboats, building and repairing; motorboats,
inboard and outboard: building and repairing)
33. United States Postal Service (Group 4311)
34. Warehousing and Storage (Group 4225, 4226. 5014 except oil and gas
storage, petroleum and chemical bulk stations and automobile dead storage)
Only one (I) self stornge use allowed to be locllted adjacent to the Collier
County Sewage Treatment Plant.
35. Wholesale Trade-Durable Goods (Groups 5021-503 I. 5043-5049. 5063-
5074, 5078.5091. 5092. 5094-5099 except lor fencing. wood.wlw":salt::
lumber: rough. dressed. and finished-wholesale; batteries, except
automotive-wholesale: storage baneries. industrial-wholesale: unit
substations.wholesale; boilers, power: industrial-wholesale; boilers, stc::arn
3.]
Agenda Item No, 8B
October 24, 2006
Page 144 of 156
Agenda Item No. 88
October 24, 2006
Page 145 of 156
Agenda Item No. 8B
October 24,2006
Page 146 of 156
Agenda Item No, 8B
October 24,2006
Page 147 of 156
Agenda Item No. 8B
October 24, 2Q06
Page 148 of 156
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Agenda Item No. 8B
October 24,2006
Page 149 of 156
Agenda Item No, 8B
October 24, 2006
Page 150 of 156
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Agenda Item No. 8B
October 24, 2006
Page 151 of 156
Agenda Item No, 8B
October 24, 2006
Page 152 of 156
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Agenda Item No. 88
October 24, 2006
Page 154 of 156
A LEGAL PROFESSIONAL ASSOCIATION
Agenda Item No. 8B
October 24,2006
850PARKSHOREDRrfage 155 of 156
TRIANON CENTRE. THIRD FLOOR
NAPLES, FL 34103
239.649.2708 DIREcr
239.649.6200 MAIN
239.261.3659 FAX
banderson@ralaw,com
IIIIIBII@ANDRESS II
September 15.2006
VIA HAND DELIVERY AND E-MAIL
Mr. James V. Mudd, County Manager
Collier County Government
3301 East Tamiami Trail
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, 1 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 rec,onsideration 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. 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,
\( .~ ;~cb'V~~~
R. Broce Anderson
F or the Firm
RBA:
CLEVELAND TOLEDO AKRON COLUMBUS ClNClNNATI WASHINGTON, D.C, TAllAHASSEE FoRTMYERS NAPLES
508302,111878.0005
www.ralaw.com
Agenda Item No. 88
October 24, 2006
Page 156 of 156
Mr. James Mud~ 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 Amold
Mr. Joseph Schmitt
Mr. Mike DeRuntz
David C. Weigel, Esq.
Marjorie Student-Stirling, Esq.
501l302.111878.000S
Agenda Item No, 8e
October 24,2006
Page 1 of 273
SUPPLEMENT AL
EXECUTIVE SUMMARY
Petition: PUDZ-2005-AR-8833, Collier Publishing Company, Inc. d/b/a Naples Daily News,
represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and R.
Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., requesting a rezone from Rural
Agricultural (A) and Creekside Commerce Park Planned Unit Development (PUD) to a
Business Park Planned Unit Development (BPPUD) for a project to be known as Naples
Daily News Business Park Planned Unit Development (BPPUD). The subject property is
located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (This is
being submitted simultaneously with the Creekside Commerce Park PUD as a Fast Track).
(Companion Item to: PUDA-2005-AR-8832)
PROJECT STATUS:
The Board of County Commissioners (BCC) originally heard and did not give a super majority
vote of approval for this petition on September 12, 2006. The Executive Summary that was
prepared for that hearing has been included in the information provided for this hearing.
-
At the September 26, 2006 BCC hearing, the BCC approved a motion to reconsider PUDA-
2005-AR-8832 Creekside Commercial Park PUD and PUDZ-2005-AR-8833 Naples Daily
News. The BCC requested that these petitions be advertised and heard at the October 24, 2006
BCC meeting.
On October 2, 2006, the County received a letter from the Collier's Reserve Association stating
that they are withdrawing their June 9, 2006 letter of support for the Naples Daily News rezoning
request. A copy of this letter is attached. Their concerns were related to noise and traffic
impacts to Collier Reserves property owners.
SUPPLEMENTAL ANALYSIS:
The applicant's agent has not provided staff with additional information or any modifications to
this petition. The applicant's agent will be providing information as part of the oral presentation
at the October 24, 2006 BCC meeting.
PREPARED BY:
Michael 1. DeRuntz, Principal Planner
Department of Zoning & Land Development Review
~
NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833 EXECUTIVE SUMMARY
Page 1 of 1
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8e
October 24, 2006
Page 2 of 273
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8C
ThiS Item to be heard all.30 p.m, This item was continued trom the June 20, 2006 BCC
meeting, the September 12, 2006 BCC meeting and the September 26, 2006 BCC meeting,
ThiS Item requires that all particIpants be sworn In and ex parte disclosure be provided by
CommisSion members, PUDZ-2005-AR-8833, Collier Publishing Company, Ine d/b/a Naples
Dally News, represented by D Wayne, Arnold. AICP. of Q. Grady Minor & Associates, PA.,
and R Bruce Anderson. Esquire, of Roetzel & Andress. L.P.A., requesting a Business Park
Ptanned Unit Devetopment (SPUD) rezone from Rural Agncullural (A) and Creekside
Commerce Park PUD for project known as Naples Daily News Business Park Planned Unit
Development (SPPUD) The subject property IS located In Section 27, Township 48 South,
Range 25 East Cottier County, Ftonda, (This IS being submitted simultaneously with the
CreeksIde Commerce Park PUD as a Fast TraCK) (Petitioner's request.) (Companion Item
PUDA-2005-AR,8832)
10124/2006 9:0000 .AM
Transportation Planning Director
Date
Approved By
Donald L. Scott
Transportation Services
Transportation Planning
1 0/612006 2: 17 PM
Constance A. Johnson
Operations Analyst
Date
Approved By
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
1019120068:38 AM
Date
Approved By
Marjorie M. Student.Stirllng Assistant County Attorney
101101200610:15 AM
Approved By
County Attorney County Attorney Office
Ray Bellows
Chief Planner
Date
Community Development &
Environmental Services
Zoning & Land Development Review
10110120068:58 PM
Approved By
Joseptl K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services. Adminstrator
Date
Community Development &
Environmental Services Admin.
10111/200610:00 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
10111120062:36 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budgot
10111/2006443 PM
Approved By
James. V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10112120069:28 AM
Agenda Item No, Be
October 24,2006
Page 3 of 273
EXECUTIVE SUMMARY
Petition: PUDZ-2005-AR-8833, Collier Publishing Company, Inc. d/b/a Naples Daily News,
represented by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and R.
Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., requesting a rezone from Rural
Agricultural (A) and Creekside Commerce Park Planned Unit Development (PUD) to a
Business Park Planned Unit Development (BPPUD) for a project to be known as Naples
Daily News Business Park Planned Unit Development (BPPUD). The subject property is
located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (This is
being submitted simultaneously with the Creekside Commerce Park PUD as a Fast Track).
(Companion Item to: PUDA-2005-AR-8832)
OBJECTIVE:
To have the Board of County Commissioners (BCC) review staffs findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPC) regarding the above referenced rezone petition and render a decision regarding the
petition.
CONSIDERATIONS:
The subject property contains approximately 35.24 acres and has a zoning designation of Rural
Agricultural (A) and Creekside Commerce Park PUD. The property is an assemblage of five
tracts of land: a 2.32 acre area from Creekside Commerce Park PUD; 21 acres and 2.25 acres of
cultivated row agriculture and undeveloped agricultural area; 7.8 acres of lakes, cart paths and
buffer and preserve areas; and 2 acres of a portion of the existing Creekside Boulevard. This
assemblage of properties primarily exists west of Creekside Commercial Park PUD, but
approximately 7.8 acres is surrounded by Pelican Marsh (Bay Colony Golf Club).
A portion of the 7.8 acre tract of land was originally a part of the Pelican Marsh DRI that was
approved though Resolution 95-71 (Pelican Marsh Community Master Plan). Due to some
development encroachments that occurred with the construction of the golf course, a settlement
agreement was reached between Westinghouse Communities of Naples, Inc. and Ocean
Boulevard Partnership (See Letter June 6, 2006, Exhibit C). In 1999, the Pelican Marsh
Community PUD was amended to reflect this agreement (See 1999 Pelican Marsh Community
PUD Master Plan).
The subject properties are designated Urban (Urban - Mixed-Use, Urban Residential Subdistrict)
on the Future Land Use Map of the Growth Management Plan. The properties lie adjacent and to
the south and east of the established Activity Center #2 located at the intersection of Tamiami
Trail North and Immokalee Road.
This rezoning proposes industrial and light industrial uses including, but not limited to, multi-
media publishing, printing, broadcasting and other communication and information technologies,
and mediums and accessory uses, consistent with the Business Park Sub-district of the Urban
Mixed-Use District of the Future Land Use Element of the Collier County Growth Management
NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833
Page 1 of 1 3
EXECUTIVE SUMMARY
e
e
Agenda Item NO.Be
October 24, 2006
Page 4 of 273
Plan (GMP). The GMP requires that Business Park Sub-district be developed as a mix of
industrial uses and non-industrial uses, designed in an attractive park-like environment with low
structural density where building coverage ranges between 25 and 45 percent and where
landscaped areas provide for buffering and enjoyment by the employees and patrons of the park.
A maximum of 400,000 square feet of light industrial land uses are proposed, with the principal
structure being located on Parcel "A" and a smaller structure on Parcel "B". The maximum
height in a Business Park is 35 feet and in an Industrial zoned district is 50 feet. The maximum
height proposed for the structure on Parcel A is 75 feet and 35 feet for the structure on Parcel B.
The maximum total building area was not exceeded with only 26 percent of the total site area
being utilized from the two buildings proposed. The percent of open space is proposed at 11.38
acres or 32 percent of the total site area (8.75 acres Open Space/2.63 acres Preserve). The
majority of the open space is located in the appendage of land that is surrounded on three sides
by Pelican Marsh DR! (Bay Colony Golf Club) and access by the employees and customers of
the proposed business park will be restricted. Access to the subject property would be from two
existing roadways: Creekside Way off of Immokalee Road, and Creekside Boulevard, which
runs east and west from Goodlette-Frank Road and U.S. Highway 41 (Tamiami Trail).
The County staff has received confirmation from the Bay Colony Property Owner's Association
(Exhibit 1) and Collier's Reserve Association (Exhibit 2) that they are supportive of the rezoning
request.
The applicant has revised the PUD document to include an "Affordable Housing" contribution,
identified in Section 6.8., A "Noise Study," and revised "Master Plan" which provided a
potential vehicular interconnection to the Granada Shoppes PUD.
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
Rezone 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
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.
NAPLES DAILY NEWS SPUD, PUDZ-2005-AR-8833
Page 2 of 13
EXECUTIVE SUMMARY
Agenda Item No. Be
October 24,2006
Page 5 of 273
e
GROWTH MANAGEMENT IMPACT:
Future Land Use Element (FLUE): The subject property is designated Urban (Urban - Mixed-
Use, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth
Management Plan (GMP). The purpose of this subdistrict is to provide for higher densities in an
area with fewer natural resource constraints and where existing and planned public facilities are
concentrated. However, the Business Park Subdistrict is a text-based provision, allowed
throughout the Urban Designation that allows a mix of industrial uses and non-industrial uses,
designed in an attractive park-like environment with low structural density where building
coverage ranges between 25 and 45 percent and where landscaped areas provide for buffering
and enjoyment by the employees and patrons of the park. The Activity Center Sub-district lists
"factors to consider during review of a rezone petition" within a Mixed-Use Activity Center.
The subject property is already zoned commercial and will be replacing its present commercial
land uses with other commercial uses, given this CPUD. In this manner, the rezone petition
generally conforms to these review factors. Based upon the above analysis, staff concludes that
the proposed rezone may be deemed consistent with the Future Land Use Element. A more
detailed analysis of the FLUE consistency is contained in the attached staff report.
Transportation Element: The project was reviewed based on the current Transportation Impact
Statement (TIS) guidelines and with respect to Policy 5.1 of the Collier County Transportation .-
Element of the GMP. The project is located in the northwest Transportation Concurrency ..
Management Area (TCMA). The project was reviewed at build-out and the five year planning
period. The TCMA is expected to function at an acceptable level of service within the five year
planning period when both project trips and back groUnd traffic are considered. The project is
consistent with Policy 5.1 of the Transportation Element in the Growth Management Plan.
However, several intersections will not function at acceptable levels of service with both back
ground traffic and the additional project trips unless additional mitigation is provided.
Therefore, the Transportation Services Division recommends approval with the following
conditions:
1. The developer will provide a connection road extending Creekside Way to Creekside
Boulevard.
2. The developer agrees to provide the SCOOT traffic management system at the
intersection of Immokalee Road and U8-41 and the next two signalized intersections
heading eastbound on Immokalee Road.
3. The developer shall be responsible for fair share payments to signalize the intersections
of Creekside Boulevard and U8-41 and Creekside Boulevard and Goodlette-Frank Road
if and when warranted. The proportionate share shall also apply to intersection
improvements needed to facilitate the signalization.
4. The developer agrees to provide a Transportation Concurrency Management Area
(TCMA) proportionate share road impact fee increase of 15%. Credit towards the 15%
increase shall be given for the SCOOT system and the extension of Creekside Way only. e
NAPLES DAILY NEWS BPPUD. PUDZ-2005-AR-8833
Page 3 of 13
EXECUTIVE SUMMARY
Agenda Item No. 8e
October 24,2006
Page 6 of 273
5. The developer agrees to apply at least four transportation demand strategies at the
development order stage as defined in Policy 5.6 of the transportation element of the
GMP.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES:
Because the site was previously impacted from agricultural activities, no Environmental Impact
Statement (EIS) was required to be submitted. As a result, the Environmental Advisory Council
(EAC) did not review this petition.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard this rezone petition at its June 15, 2006
meeting. The CCPC voted 4 to 2 to forward this petition to the BCC with a recommendation of
approval subject to staffs recommended conditions of approval and including the following:
1. The approval ofPUDZ-2005-AR-8833, Naples Daily News BPPUD shall be conditioned
upon the approval of PUDA-2005-AR-8832, which amends the Creekside Commerce
Park PUD.
2. The approval of Naples Daily News BPPUD shall be conditioned upon the following
deviations from the Land Development Code.
A. A deviation from Section 4.06.02.C.5 of the LDC to provide a 20-foot wide landscape
buffer, without a 6-foot high wall, berm or wall and berm combination
B. A deviation from Section 4.06.02.A.3 of the LDC to permit required landscape buffers
and signs within recorded water and wastewater easements consistent with grant of
easement restrictions as recorded in O.R. Book 2712, Pages 0624 - 0626, and O.R.
Book 2712, Pages 0610 - 0612.
3. The preserve (acreage) provided needs to be in Section 6.6.B. of the PUD document and
on the Master Plan.
4. 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.
5. The south side of Parcel "A" shall be heavily planted with trees and shrubs to create the
needed park-like setting and help with buffering noise and odor from printing activities
on this Parcel.
6. Storm water from the subject property shall be retained and treated on site before it is
discharged into the two existing lakes which are being incorporated into this property.
7. Provide an additional 30 percent of the minimum code trees along the north perimeter
buffer. This 30 percent shall consist of tall native species whose height would help to
block the northern view of the 75 foot tall industrial building.
8. A North Arrow shall be provided on Exhibit "E".
9. Section 3.3A5 of the PUD document should be changed to reference "Standard Industrial
Classification (SIC) Manual Codes as adopted by Collier County and included in the
Local Development Code" (Collier County does not use NAICS Manual) to allow staff to
determine use consistency.
10. Amend Section 2.4 to add item F and identify all proposed uses in Section 3.3 that are not
listed in the BP zoning district per the SIC Manual Codes.
NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833
Page 4 of 13
EXECUTIVE SUMMARY
Agenda Item No, Be
October 24,2006
Page 7 of 273
11. The payment of approximately $75,000 to fund the installation of the SCOOT system at
the US-41 and Immokalee Road intersection along with the next two easterly signalized
intersections. The system is intended to recapture capacity by modifying signal timing
based on approach demand using real time analysis.
12. The extension of Creekside Way southerly to Creekside Boulevard shall be provided. The
extension would provide additional by-pass of the Immokalee Road intersections.
13. The inclusion of transportation demand strategies along with a proportionate share
payment not to exceed 15 percent above the road impact fees. The additional funds would
be used to fund intersection improvements, transit and increase pedestrian mobility
within the TCMA.
14. The inclusion of language in the PUD detailing fair share payments to the signalization of
Creekside Boulevard at the US-41 and Goodlette-Frank Road intersections if and when
warranted or other intersection improvements within the TIS study area.
15. Delete deviations 2, 4 & 5 (in PUD listed as B, D & E)
16. Approve staffrecommendations 1-4, 6-9 and 15.
17. Include items 1, 3 & 4 from Bay Colony Agreement (See Letter June 14,2006, Exhibit 1)
A. Barron Collier and Naples Daily News agree to supplement the existing Ficus
hedge which presently serves as a buffer between the proposed PUD and the
Bay Colony Development with 80 Live Oak trees 12 foot high with a minimum
of spread of 6' at the time of planting. Additionally these Oak trees will be
supplemented with ficus trees, to the extent Collier County will allow the use of
Ficus trees, to create an opaque buffer. Naples Daily News and Barron Collier
Company agree to work with the Bay Colony Property Owners Association to
gain County approval for the use of Ficus trees. The supplementary Oaks and
Ficus will be located in the buffer area at field selected locations between the
Creekside PUD on the east and the point on the west where the buffer turns
south. This distance is approximately 1,100 feet.
B. The development of Parcel "B" shall be subject to the following limitations:
a) No outside lighting on the southern side of any building
constructed on parcel "B" and no lighting of the parking lot except
to the extent required by County; To the extent parking lot lighting
is required, "cutoff' type fixtures or shields will be used to direct
the light downward onto the parking lot.
b) Any loading facility will be located only on the north facing
portion of any building, and building height is limited to twenty-
five feet (25') above minimum required flood elevation.
C. Naples Daily News agrees with respect to the building(s) that it will construct
on Parcel "A":
a) The only outside architectural lighting allowed will be on the north
side on the building.
b) No signage, other than directional, shall be located on the south
side of the building. There will be no lighted signage on the
seventy-five foot (75') high portion of the building in any
direction, nor shall there be any antennas or satellite dishes placed
upon the top of the seventy-five foot (75') high portion of the
building.
NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833
Page 5 of 13
EXECUTIVE SUMMARY
Agenda Item No. Be
October 24,2006
Page 8 of 273
e
e
18. Approval is based on all Exhibits entered into the record including digital representations
of buildings.
19. Parcel B will have no outdoor storage or fabrication,
20. No on-site sales of alcoholic beverages,
21. Actual height shall be a maximum.of75 feet as defined by Zoned height,
22. Exclude all references to NAICS and NAICS code numeric references and utilize
remaining language where NAICS references were previously used,
23. Setbacks for structures over 50 feet will have a maximum height limitation of 2 feet
horizontal to 1 vertical foot to all property lines,
24. The developer will provide a connection road extending Creekside Way to Creekside
Boulevard,
25. The developer agrees to provide the SCOOT traffic management system at the
intersection of lmmokalee Road and US-41 and the next two signalized intersections
heading eastbound on lmmokalee Road,
26. The developer shall be responsible for fair share payments to signalize the intersections
of Creekside Boulevard and US-41 and Creekside Boulevard and Goodlette-Frank Road
if and when warranted. The proportionate share shall also apply to intersection
improvements needed to facilitate the signalization,
27. The developer agrees to provide a Transportation Concurrency Management Area
(TCMA) proportionate share road impact fee increase of 15 percent. Credit towards the
15 percent increase shall be given for the SCOOT system and the extension of Creekside
Way only,
28. The developer agrees to apply at least four transportation demand strategies at the
development order stage as defined in Policy 5.6 of the Transportation Element of the
GMP,
29. Uses in preserve area will coincide with those uses as allowed in existing conservation
easements,
30. Update PUD drainage plan to equivalent plan as presented at the June 15, 2006 CCPC
meeting,
31. Pelican Marsh CDD to review water management plans and maintenance costs for the
southern water management lake, maintenance costs to be paid to the CDD,
32. Parcel B will be limited to the uses allowed in Parcel A and the following additional use
designations from the Creekside PUD presented today as a companion item: From
Creekside uses: Section 3.3 A: numbers 1,2,3,8,12,15,17,18,19,25,28,31,32,35,& 36.
From Section 3.3 B: number 2,
33. When Creekside Way is extended this will not require the adjoining side of the Parcel A
building to be considered a primary fayade,
34. Buffers within the PUD will be 25 feet wide and shall not are not required to have six-
foot high walls or berms within them.
e
One Planning Commissioner was concerned that the petitioner provide for affordable housing,
and the other expressed a concern that while the petition may have met the letter of the law, it did
not meet the intent of the law with respect to the following: the subject area of Naples Daily
News BPPUD meeting the contiguous minimum area requirement; meeting the park-like setting;
the appendage portion of the subject property not being a functional portion of the property; the
incompatibility of the proposed use and the maximum building height to the surrounding
NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833
Page 6 of 13
EXECUTIVE SUMMARY
Agenda Item No.Se
October 24, 2006
Page 9 of 273
properties; storm water mitigation was not adequately addressed; and the lack of sufficient e
mitigation to off-set the negative impact to the adjoining properties.
Since this petition did not received unanimous approval, it is being placed in the Regular
Agenda.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. The legal
considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 ofthe
LDC. These evaluations are completed as separate documents that are attached as exhibits "A"
and "B" of the staff report. A s:urnmary of the most applicable findings that contain staffs
evaluation of the pros and cons of the project in relation to the findings, are noted below:
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.
Pro: The applicant has identified in the "Statement of Compliance" of the Naples Daily
News BPPUD document they will be in compliance with the planning goals and
objectives of Collier County as set forth in the Growth Management Plan.
Con: Staff has concerns that the project did not provide for multiple buildings, as e
intended in the GMP, and did not provide for a park-like setting. The majority of the
"open space" would be restricted from access to the employees and the patrons of the
business park, access to the business park was not directly off of an arterial or collector
road, and the maximum building height of 75 feet exceeded the maximum height for
business parks of 35 feet and 50 feet for industrial districts. The Comprehensive Planning
Department has indicated that the proposed Naples Daily News BPPUD is consistent
with all applicable elements of the Future Land Use Element (FLUE) of the Growth
Management Plan (GMP) subject to revisions to the PUD Document.
Findings: Based on the staff's review, the proposed development would be in
compliance with the Future Land Use Element (FLUE) of the Growth Management Plan
(GMP) for Collier County if the listed conditions were addressed.
The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: The Naples Daily News BPPUD parcel 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.
Con: The assemblage of the five parcels of property to facilitate the minimum area
required for a Business Park created a gerrymandered parcel of property that is not ...
accessible by those using the subject property and encroaches into an area developed as ..
upper end single-family residences and private golf course.
NAPLES DAILY NEWS BPPUD. PUDZ-2006-AR-8833 EXECUTIVE SUMMARY
Page 7 of 13
Agenda Item No, 8e
October 24, 2006
Page 10 of 273
Findings: The proposed Naples Daily News is not compatible with the adjoining
residential land uses, but if the recommended conditions were met, adequate ameliorating
elements would be provided.
Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro: The subject site is surrounded by a six lane County roadway (CR 846) to the north,
commercial land uses to the east and west, and Pelican Marsh DRI to the south. The
subject property occupies an area that is underdeveloped or within an easement area that
is utilized by Bay Colony Golf Club.
Con: The 7.8 acres appendage that extends into Pelican Marsh DRI serves no usable
purpose other than providing the necessary acreage needed for a business park and
providing the required open space. The 2.32 acre area that was added from the Creekside
Commercial Park PUD was developed to serve the needs of that permitted land use.
Findings: The proposed PUD district boundaries are not logically drawn, but the
gerrymander configuration was necessary to get the required acreage needed for a
Business Park.
Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: The County's current land use policies in the F.L.U.E. support the action to
encourage economic development, diversity and retention.
Con: Staff is of the opinion that the proposed Naples Daily News BPPUD is not
compatible with adjacent residential and commercial land uses due to the related noise,
odor, and building massing related to the proposed newspaper press operation to the
adjoining Pelican Marsh DRI and Collier Tract 22 PUD unless the recommended
mitigation is adopted.
Findings: The proposed Naples Daily News BPPUD is not compatible with adjacent land
uses due to the related noise, odor, and building massing related to the proposed
newspaper press operation, but the proposed conditions would aid in creating
ameliorating elements.
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.
Pro: The project was reviewed based on the current Transportation Impact Statement
(TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth
Management Plan transportation element. The project is located in the northwest
NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833
Page 8 of 13
EXECUTIVE SUMMARY
Agenda Item No. 8e
October 24,2006
Page 11 of 273
Transportation Concurrency Management Area (TCMA). The project was reviewed at
build-out and the five year planning period. The TCMA is expected to function at an
acceptable level of service within the five year planning period when both project trips
and back ground traffic are considered. The project is consistent with Policy 5.1 of the
Transportation Element in the Growth Management Plan.
Con: The proposed change will result in an overall increase in daily trips by 5,047 from
the Naples Daily News BPPUD, as determined by the Traffic Impact Statement and
several intersections will not function at acceptable levels of service with both back
ground traffic and the additional project trips.
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses.
Whether the proposed change will create a drainage problem;
Pro: The proposed change incorporates two existing water management systems, one
from Creekside Commercial Park PUD and Pelican Marsh DR!. The proposed
stormwater drainage will incorporate these and provide others to meet the regulations of
Collier County and South Florida Water Management District. The subject property is in
Flood Zone AE 11 and all development will be required to meet County and FEMA flood
protection regulations.
Con: Urban intensification could potentially Increase area-wide flooding III a severe
rainfall event.
Findings: Every project approved in Collier County involving the utilization of land for
some land use activity is scrutinized and required to mitigate all sub-surface drainage
generated by developmental activities.
Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro: The subject property is designated Urban (Urban - Mixed-Use, Urban Residential
Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan.
The purpose of this subdistrict is to provide for higher densities in an area with fewer
natural resource constraints and where existing and planned public facilities are
concentrated.
Con: Staff has identified that the PUD document did not provide for multiple buildings,
and did not provide for a park-like setting. The majority of the "open space" would be
restricted from access to the employees and the patrons of the business park; access to the
business park was not directly off of an arterial or collector road, and the maximum
building height exceeded the maximum height for business parks and industrial districts.
Findings: The proposed rezone to BPPUD is in compliance with the Growth
Management Plan with the conditions that have been identified, which a public policy
NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833
Page 9 of 13
EXECUTIVE SUMMARY
Agenda Item No. Be
October 24, 2006
Page 12 of 273
statement is supporting zoning actions when they are consistent with said plans. In light
of this fact the proposed BPPUD would constitute a grant of special privilege.
Consistency with the FLUE is further determined to be a public welfare relationship
because actions consistent with plans are in the public interest
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.
Pro: The nearby area is developed with industrial, commercial and residential uses and
the petition is for industrial and commercial uses. The petitioner is setting aside a
preserve area and has agreed to EAC recommendations regarding mangrove protection.
The project will be required to comply with all county regulations regarding drainage,
sewer, water and other utilities and has agreed to assist in roadway improvements to
Lakeview Drive.
Con: Staff has identified that the PUD document did not provide for multiple buildings,
as intended in the GMP, and did not provide for a park-like setting. The majority of the
"open space" would be restricted from access to the employees and the patrons of the
business park; access to the business park was not directly off of an arterial or collector
road, and the maximum building height exceeded the maximum height for business parks
and industrial districts. The Comprehensive Planning Department has indicated that the
proposed Naples Daily News BPUD is not consistent with all applicable elements of the
Future Land Use Element (FLUE) of the Growth Management Plan (GMP).
Findinl?s: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses.
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.
Pro: The petitioner states that the petition is compatible with the surrounding land uses.
Con: The proposed rezoning request while meeting the total area requirement and the
minimum building coverage requirements of the Business Park criteria within the GMP,
the applied use of the subject property significantly deviates from the intent of the
Business Park design. Issues with providing adequate area for a park-like setting, the
limited number of buildings making up the park, the desire to limit buffering which
would aid in ameliorating adverse impacts to adjoining properties, and the excessive
height proposed will contribute to visual blight to the adjoining properties.
NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833
Page 10 of 13
EXECUTIVE SUMMARY
Agenda Item No, 8e
October 24, 2006
Page 13 of 273
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses. (see Staff
Report).
The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro: The petition meets the minimum Open Space requirements of 30 percent.
Con: The amount of open space set aside by this project is consistent with the provisions
of the Land Development Code (32 percent). Of that amount, the majority of the open
space is located in the appendage of land that is surrounded on three sides by Pelican
Marsh DRI (Bay Colony Golf Club) and access by the employees and customers of the
proposed business park will be restricted
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses.
ZONING DEPARTMENT RECOMMENDATION:
That the Collier County Board of County Commissioners (BCC) approve petition PUDZ-2005-
AR-8833 subject to the following staff and CCPC conditions of approval:
1. The approval of PUDZ-2005-AR-8833, Naples Daily News BPPUD shall be conditioned
upon the approval ofPUDA-2005-AR-8832.
2. The approval of PUDZ-2005-AR-8833, Naples Daily News BPPUD shall be conditioned
upon the following deviations from the Land Development Code.
A. A deviation from Section 4.06.02.C.5 of the LDC to provide a 20-foot wide
landscape buffer, without a 6-foot high wall, berm or wall and berm combination.
B. A deviation from Section 4.06.02.A.3 of the LDC to permit required landscape
buffers and signs within recorded water and wastewater easements consistent with
grant of easement restrictions as recorded in O.R. Book 2712, Pages 0624 - 0626,
and O.R. Book 2712, Pages 0610 - 0612.
3. The preserve (acreage) provided needs to be in Section 6.6.B. of the PUD document and
on the Master Plan.
4. All principal structures shall have a minimum setback of 25' from the boundary of any
preserve. Accessory structures and all other site alterations shall have a minimum 10-foot
setback.
5. The south side of Parcel "A" shall be heavily planted with trees and shrubs to create the
needed park-like setting and help with buffering noise and odor from printing activities
on this Parcel.
6. Storm water from the subject property shall be retained and treated on site before it is
discharged into the two existing lakes which are being incorporated into this property.
7. Provide an additional 30 percent of the minimum code trees along the north perimeter
buffer. This 30 percent shall consist of tall native species whose height would help to
block the northern view of the 75 foot tall industrial building.
8. A North Arrow shall be provided on Exhibit "E".
NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833
Page 11 of 13
EXECUTIVE SUMMARY
Agenda Item No, Be
October 24, 2006
Page 14 of 273
9. Section 3.3A5 of the PUD document should be changed to reference "Standard Industrial
Classification (SIC) Manual Codes as adopted by Collier County and included in the
Local Development Code" (Collier County does not use NAICS Manual) to allow staff to
determine use consistency.
10. Amend Section 2.4 to add item F and identify all proposed uses in Section 3.3 that are not
listed in the BP zoning district per the SIC Manual Codes.
11. The payment of approximately $75,000 to fund the installation of the SCOOT system at
the US-41 and Immokalee Road intersection along with the next two easterly signalized
intersections. The system is intended to recapture capacity by modifying signal timing
based on approach demand using real time analysis.
12. The extension of Creekside Way southerly to Creekside Boulevard. The extension would
provide additional by-pass of the Immokalee Road intersections.
13. The inclusion of transportation demand strategies along with a proportionate share
payment not to exceed 15 percent above the road impact fees. The additional funds would
be used to fund intersection improvements, transit and increase pedestrian mobility
within the TCMA.
14. The inclusion of language in the PUD detailing fair share payments to the signalization of
Creekside Boulevard at the US-41 and Goodlette-Frank Road intersections if and when
warranted or other intersection improvements within the TIS study area.
15. Delete deviations 2, 4 & 5 (in PUD listed as B, D & E)
16. Approve staff recommendations 1-4, 6-9 and 15.
17. Include items 1,3 & 4 from Bay Colony Agreement (See Letter June 14,2006, Exhibit 1)
18. Barron Collier and Naples Daily News agree to supplement the existing Ficus hedge
which presently serves as a buffer between the proposed PUD and the Bay Colony
Development with 80 live Oak trees 12' high with a minimum of spread of 6' at the time
of planting. Additionally these Oak trees will be supplemented with ficus trees, to the
extent Collier County will allow the use of Ficus trees, to create an opaque buffer.
Naples Daily News and Barron Collier Company agree to work with the Bay Colony
Property Owners association to gain County approval for the use of Ficus trees. The
supplementary Oaks and Ficus will be located in the buffer area at field selected locations
between the Creekside PUD on the east and the point on the west where the buffer turns
south. This distance is approximately 1,100 feet.
19. The development of Parcel "B" shall be subject to the following limitations:
A. No outside lighting on the southern side of any building constructed on parcel "B"
and no lighting of the parking lot except to the extent required by County, To the
extent parking lot lighting is required, "cutoff' type fixtures or shields will be
used to direct the light downward onto the parking lot.
B. Any loading facility will be located only on the north facing portion of any
building, and building height is limited to Twenty-five feet (25') above minimum
required flood elevation.
20. Naples Daily News agrees with respect to the building(s) that it will construct on Parcel
"A":
A. The only outside architectural lighting allowed will be on the north side on the
building.
B. No signage, other than directional, shall be located on the south side of the
building. There will be no lighted signage on the seventy-five foot (75') high
portion of the building in any direction, nor shall there be any antennas or satellite
NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833
Page12of13
EXECUTIVE SUMMARY
Agenda Item No. 8e
October 24, 2006
Page 15 of 273
dishes placed upon the top of the seventy-five foot (75') high portion of the
building.
21. Approval is based on all Exhibits entered into the record including digital representations
of buildings.
22. Parcel B will have no outdoor storage or fabrication
23. No on-site sales of alcoholic beverages
24. Actual height shall be a maximum of 75' as defined by Zoned height.
25. Exclude all references to NAICS and NAICS code numeric references and utilize
remaining language where NAICS references were previously used.
26. Setbacks for structures over 50 feet will be 2 feet horizontal to 1 vertical foot.
27. The developer will provide a connection road extending Creekside Way to Creekside
Boulevard.
28. The developer agrees to provide the SCOOT traffic management system at the
intersection of Immokalee Road and US-41 and the next two signalized intersections
heading eastbound on lmmokalee Road.
29. The developer shall be responsible for fair share payments to signalize the intersections
of Creekside Boulevard and US-41 and Creekside Boulevard and Goodlette-Frank Road
if and when warranted. The proportionate share shall also apply to intersection
improvements needed to facilitate the signalization.
30. The developer agrees to provide a Transportation Concurrency Management Area
(TCMA) proportionate share road impact fee increase of 15%. Credit towards the 15%
increase shall be given for the SCOOT system and the extension of Creekside Way only.
31. The developer agrees to apply at least four transportation demand strategies at the
development order stage as defined in Policy 5.6 of the Transportation Element of the
GMP.
32. Uses in preserve area will coincide with those uses as allowed in existing conservation
easements.
33. Update PUD drainage plan to equivalent plan as presented at the June 15, 2006 CCPC
meeting.
34. Pelican Marsh CDD to review water management plans and maintenance costs for the
southern water management lake, maintenance costs to be paid to the CDD.
35. Parcel B will be limited to the uses allowed in Parcel A and the following additional use
designations from the Creekside PUD presented today as a companion item: From
Creekside uses: Section 3.3 A: numbers 1,2,3,8,12,15,17,18,19,25,28,31,32,35,& 36.
From Section 3.3 B: number 2.
36. When Creekside Way is extended this will not require the adjoining side of the Parcel A
building to be considered a primary fayade.
37. Buffers within the PUD will be 25'wide and shall not are not required to have six-foot
high walls or berms within them.
PREPARED BY:
Michael J. DeRuntz, Principal Planner
Department of Zoning & Land Development Review
NAPLES DAILY NEWS BPPUD, PUDZ-2005-AR-8833
Page 13of13
EXECUTIVE SUMMARY
Agenda Item No, 8e
October 24, 2006
Page 16 of 273
Co~T County
- '-~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: JUNE 15, 2006
SUBJECT: PETITION PUDZ-2005-AR-8833, Naples Daily News BPPUD
Companion Item to PUDA-2005-AR-8832
AGENT / APPLICANT:
OWNER: Creekside Commerce Park Property Owners Association, Inc.
2600 Golden Gate Parkway
Naples, Florida 34105
Ocean Boulevard Partnership
2600 Golden Gate Parkway
Naples, Florida 34105
Ocean Boulevard Partnership II
Ocean Boulevard Partnership
2600 Golden Gate Parkway
Naples, Florida 34105
AGENT: D. Wayne Arnold, A.I.c.P.
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
Bruce Anderson
Roetzel & Andress, L.P.A
850 Park Shore Drive
Trianon Center, 3rd Floor
Naples, Fl 34103
CONTRACT PURCHASER: Collier Publishing Company, Inc.
Naples Daily News
1075 Central Avenue
Naples, FL 34102
1 of 35
PUDZ-05-AR-8833, Naples Daily News BPPUD
Agenda Item No. 8e
October 24,2006
Page 17 of 273
Location Map
2 of 35
PUDZ-05-AR-8833, Naples Daily News BPPUD
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Page 18 of 273
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PUD Master Plan
REOUESTED ACTION:
3 of 35
PUDZ-05-AR-8833, Naples Daily News BPPUD
Agenda Item No. Be
October 24, 2006
Page 19 of 273
The petitioner is requesting a rezone from "A" Rural Agricultural and Creekside Commerce Park
PUD to Business Park Planned Unit Development "BPPUD", which will be known as the Naples
Daily News BPPUD.
GEOGRAPHIC LOCATION:
The subject BPUD is located south ofImmokalee Road, north of Pelican Marsh PUD/DRI, west of
the Creekside Commerce Park PUD and Pelican Marsh PUD/DRI, and east of Pelican Marsh
PUD/DRI and Granada Shoppes PUD in Section 27, Township 48 South, Range 25 East, Collier
County, Florida. (See location map on page 2)
PURPOSEIDESCRIPTION OF PROJECT:
The subject property contains approximately 35.24 acres and has a zoning designation of Rural
Agricultural (A) and Creekside Commerce Park PUD. The property is an assemblage of five
tracts of land: a 2.32 acre area from Creekside Commerce Park PUD; 21 acres and 2.25 acres of
cultivated row agriculture and undeveloped agricultural area; 7.8 acres of lakes, cart paths and
buffer and preserve areas; and 2 acres of a portion of the existing Creekside Boulevard. This
assemblage of properties primarily exists west of Creekside Commercial Park PUD, but
approximately 7.8 acres is surrounded by Pelican Marsh (Bay Colony Golf Club).
A portion of the 7.8 acre tract of land was originally a part of the Pelican Marsh DRI that was
approved though Resolution 95-71 (Pelican Marsh Community Master Plan). Due some
development encroachments that occurred with the construction of the golf course a settlement
agreement was reached between Westinghouse Communities of Naples, Inc. and Ocean
Boulevard Partnership (See Letter June 6, 2006, Exhibit C). In 1999, the Pelican Marsh
Community PUD was amended to reflect this agreement (See 1999 Pelican Marsh Community
PUD Master Plan).
The subject properties are designated Urban (Urban - Mixed-Use, Urban Residential Subdistrict)
on the Future Land Use Map of the Growth Management Plan. The properties lie adjacent and to
the south and east of the established Activity Center #2 located at the intersection of Tamiami
Trail North and Immokalee Road.
This rezoning proposes industrial and light industrial uses including but not limited to multi-media
publishing, printing, broadcasting and other communication and information technologies, and
mediums and accessory uses, consistent with the Business Park Sub-district of the Urban Mixed-
Use District of the Future Land Use Element of the Collier County Growth Management Plan
(GMP). The GMP requires that Business Park Sub-district be developed as a mix of industrial
uses and non-industrial uses, designed in an attractive park-like environment with low structural
density where building coverage ranges between 25 and 45 percent and where landscaped areas
provide for buffering and enjoyment by the employees and patrons of the park
4 of 35
PUDZ-05-AR-8833, Naples Daily News BPPUD
Agenda Item No. 8e
October 24, 2006
P9g~)0 of 273
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6 of 35
PUDZ-05-AR-8833, Naples Daily News BPPUD
Agenda Item No, 8e
October 24, 2006
Page 21 of 273
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Agenda Item No. 8e
October 24,2006
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A maximum of 400,000 square feet of light industrial land uses are proposed, with the principal
structure being located on Parcel "A" and a smaller structure on Parcel "B". The maximum
building height in a Business Park or Industrial zoned district is 50 feet. The maximum height
proposed for the structure on Parcel A is 75 feet and 35 feet for the structure on Parcel B. The
maximum total building area was not exceeded with only 26 percent of the total site area being
utilized from the two buildings proposed. The percent of open space is proposed at 11.38 acres or
32 percent of the total site area (8.75 acres Open Space/2.63 acres Preserve). The majority of the
open space is located in the appendage of land that is surrounded on three sides by Pelican Marsh
DRI (Bay Colony Golf Club) and access by the employees and customers of the proposed business
park will be restricted. Access to the subject property would be from two existing roadways:
Creekside Way off of Immokalee Road, and Creekside Boulevard, which runs east and west from
Goodlette Frank Road and U.S. Highway 41 (Tamiami Trail).
SURROUNDING LAND USE AND ZONING:
Subject Parcel: The subject property is in various stages of development: Storrnwater Management
Lakes, Cultivated Agricultural Crops, Golf Cart Paths, Buffer and Preserve
Areas, Roadways, and Undeveloped Areas: zoned "A" Rural Agricultural and
Creekside Commerce Park PUD
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Surrounding- North: County right-of-way then Commercial and Residential (440,000 square feet
of Commercial, 385 single and multi-family residential units on 61.40
acres), zoned C.R. 845 (Immokalee Road) then Collier Tract 22 PUD
East: Partially Developed Commercial and Industrial (23,530 square feet
developed/190,000 square feet of proposed Commercial, 128,000/620,000
square feet Industrial) on 108.4 acres, Partially Developed Residential and
Golf Course (640,841/1,095,000 square feet of Commercial, 2,468/4,800
single and multi-family units, 171 acres of Golf Course, and 570
Conservation Acres) on 2,072.88 acres, zoned Creekside Commerce Park
PUD and Pelican Marsh PUD (DRI-93-1)
South: Partially Developed Residential and Golf Course, zoned Pelican Marsh
PUD (DRI-93-1)
West: Commercial (390,000 square feet of Commercial) on 39.23 acres, and Golf Course,
zoned Pelican Marsh pun (DRI-93-1) and Granada Shoppes PUD.
AERIAL MAP
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GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is designated Urban (Urban - Mixed-Use, Urban Residential Subdistrict), as
identified on the Future Land Use Map of the Growth Management Plan. The purpose of this
subdistrict is to provide for higher densities in an area with fewer natural resource constraints and
where existing and planned public facilities are concentrated. However, the Business Park
Subdistrict is a text-based provision, allowed throughout the Urban Designation that allows a mix
of industrial uses and non-industrial uses, designed in an attractive park-like environment with low
structural density where building coverage ranges between 25 and 45 percent and where
landscaped areas provide for buffering and enjoyment by the employees and patrons of the park.
Future Land Use Element:
The Business Park Subdistrict reads as follows; Staff's analysis follows (in bold print):
5. Business Park Subdistrict
The Business Park Subdistrict is intended to provide for a mix of industrial uses and
non-industrial uses, designed in an attractive park-like environment with low structural
density where building coverage ranges between 25% to 45% and where landscaped
areas provide for buffering and eniovment bv the employees and patrons of the park
(underlined for emphasis).
As to the Subdistrict's intent, the location and configuration of the provided Open Space
areas is not the ideal circumstance.. ..they do not serve as a visual or physical relief to
developed areas to the extent that a more centrally located open space area would
provide. However, the petitioner will provide a linear park along the Immokalee Road
frontage and a minimum of 3 "parklets" comprising no less than 1,500 square feet.
Also, trees not provided along perimeter buffers will be placed elsewhere on this site.
These provisions will aid in creating more functional open space within the project.
(Sections 2.48.4 and 6.2.E of the PUD)
Business Parks shall be allowed as a Subdistrict in the Urban-Mixed Use District,
Urban Commercial District and Urban Industrial District and may include the
general uses allowed within each District, the specific uses set forth below, and shall
comply with the following general conditions.
a. Business Parks shall be permitted to include up to 30% of the total acreage for non-industrial
uses of the type identified in "c" below, and will reserve land within the industrially
designated areas for industrial uses. Similarly, Business Parks shall be permitted to include
up to 30% of the total building square footage for non-industrial uses ofthe type identified in
Paragraph c below. (The percentage and mix of each category of use shall be determined at
the time of zoning in accordance with the criteria
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Agenda Item No, 8e
October 24, 2006
Page 25 of 273
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ZONING MAP
specified in the Land Development Code.) The acreage and building square footage
figures and percentages shall be included in the PUD ordinance or rezone ordinance so as
to demonstrate compliance with this requirement. The proposed PUD does not include
any non-industrial uses as identified in paragraph c, which is not a requirement of
this su bdistrict.
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b. Access to arterial road systems shall be in accordance with the Collier County Access
Control Policy and consistent with Objective 7 and Policy 7.1 of the Transportation
Element. Compliance with the Collier County Access Control Policy and consistency
with Objective 7 and Policy 7.1 of the Transportation Element of the Growth
Management Plan shall be determined by the Transportation Planning Staff.
However, staff notes that access to the proposed business park will be via existing
Creekside Way and Creekside Boulevard which lead to the following streets:
Immokalee Road and Tamiami Trail North, both arterial roads, and Goodlette Road
Extension, a collector road.
c. Non-industrial uses may include uses such as certain offices, financial institutions, retail
services, institutional, cultural facilities, medical facilities, hotels/motels at a density of 26
units per acre, and recreational facilities. Retail Uses shall be limited to those uses that
serve the employees of businesses within the Park or are related to the products, goods
and services that are manufactured, distributed, produced or provided by businesses in the
Park. The proposed PUD does not include any of these uses, which is not a
requirement of this subdistrict.
d. When the Business Park is located within the Urban Industrial District or includes
industrially zoned land, those uses allowed in the Industrial Zoning District shall be
permitted provided that the total industrial acreage is not greater than the amount
previously zoned or designated industrial. When a Business Park is located in the Urban
Commercial District or Urban-Mixed Use District, the industrial uses shall be limited to
light industry such as light manufacturing, processing, and packaging in fully enclosed
buildings; research, design and product development; printing, lithography and
publishing; and similar light industrial uses that are compatible with non-industrial uses
permitted in the district; and, the Planned Unit Development Ordinance or Rezoning
Ordinance for a Business Park project shall list specifically all permitted uses and
development standards consistent with the criteria identified in this provision. Except
for the following use issues, staff has determined all uses listed in Section 3.3 are
either listed in the BP zoning district in the LDC, or were approved in the ASGM
Business Center PUD-therefore, interpretive by the BCC as consistent with the
Business Park Subdistrict. The following clarifications and/or changes to the PUD
document are needed:
1. Section 3.3A5 should be changed to reference "Standard Industrial Classification
(SIC) Manual Codes as adopted by Collier County and included in the Local
Development Code" (Collier County does not use NAlCS Manual) to allow staff to
determine use consistency. If the County Attorney and the Department of Zoning
and Land Development Review agrees that the use of the NAICS Manual is more
appropriate in fully defining the internet, newspaper, and other media publications
businesses intended to be accommodated by this PUD, then Comprehensive
Planning staff would concur with the use of the NAICS Manual.
e. Business Parks must be a minimum of 35 acres in size. The proposed PUD complies
with this section as it contains 35+/- acres.
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f Business Parks located within Interstate Activity Center quadrants that permit
Industrial Uses shall also be required to meet the standards as stated under the
Interchange Activity Center Subdistrict for commercial and industrial land uses. This
section does not apply.
g Business Parks shall adopt standards for the development of individual building
parcels and general standards for buffering, landscaping, open space, signage,
lighting, screening of outdoor storage, parking and access management. These items are
addressed in Section II and 3.4.
h When located in a District, other than the Urban Industrial District, the Business Park
must have direct access to a road classified as an arterial in the Transportation Element.
Staff notes that access to the proposed business park will be via existing Creekside
Way and Creekside Boulevard which lead to the following streets: Immokalee Road
and Tamiami Trail North, both arterial roads, and Goodlette Road Extension, a
collector road. The access point for Parcel A to Creekside Way is approximately
350 feet south of the intersection of Immokalee Road at Creekside Way. The
rationale for this requirement to have "direct access" to an arterial road is to insure
business park traffic (which will include pick-up/delivery vans, trucks, semi tractor
trailers) does not travel through residential areas and has access to roads that can
readily accommodate such traffic. The Board of County Commissioners will need to
interpret whether this access constitutes "direct access" to an arterial road, as
required in the Business Park Subdistrict. However, since Creekside Way is within
the PUD and directly connects to Immokalee Road, staff concludes that this
arrangement may meet the intent of the Growth Management Plan.
Business Parks are encouraged to utilize PUD zoning. The proposed PUD would
comply with this standard.
J The maximum additional acreage eligible to be utilized for a Business Park Subdistrict
within the Urban-Mixed Use District is 500 acres, exclusive of open space and
conservation areas. Only one business park has been approved in the Urban-Mixed
Use District (ASGM Business Center PUD) and it comprises 26.3 acres of
development area.
Consistencv of Development with the Growth Mana2:ement Plan.
a. Coordination of Land Use and Public Facilities. The subject site is located in the
Northwest Transportation Concurrency Management Area (TCMA). The project
will need to demonstrate that, at time of development, needed transportation
facilities, if any, is in place or defers development until such improvements can be
made or the level of service amended to ensure available capacity. Additionally, the
development, due to its location in the TCMA, must comply with Policy 5.9 of the
Transportation Element of the GMP relating to proportionate share payments, if
any, as determined by the preparation of and analysis of the Traffic Impact
Statement. Transportation planning staff will review for consistency with the
Transportation Element of the Growth Management Plan.
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b. The project will be compatible with existing and permitted future land uses on surrounding
properties. [Also, FLUE Policy 5.4 provides that all new development must be
compatible with the surrounding land uses.] The height of the Naples Daily News
building (75+ feet) is considerably greater than the heights of buildings which
immediately surround it with said height a function of the use of the building.
However, the business and light industrial building and land uses requested within
the proposed PUD are generally consistent with those listed in the Business Park
Subdistrict. The subject PUD does provide a limitation on the business and light
industrial uses and intensity of uses proposed for the development. Additionally, the
existing commercial uses to the north, east, west, and the proposed '"Open Space"
and '"Preserve" areas to the south tend to buffer the proposed development from
the areas to the south. However, Comprehensive Planning leaves the determination
of compatibility to Zoning and Land Development Review to staff as part of their
review of the petition in its totality.
c. Objective 7 and Policies Regarding Smart Growth and Interconnections, Loop Road,
Mixed Use, etc. The developer has indicated that attempts made at providing
interconnections between Granada Shoppes and Creekside Commerce Park has
been unsuccessful. Additionally, the Parcels A and B of the proposed development
are separated from Creekside Commerce Center PUD and the Granada Shoppes by
existing private and public roadways. None-the-Iess, access to both adjacent PUDs
is possible via the existing Creekside Boulevard, and access to Creekside Commerce
Park is possible via Creekside Parkway. Generalized locations of pedestrian
circulation within the PUD and how such circulation connects with surrounding
existing pedestrian connections should be shown on the conceptual master plan.
The revised PUD and Conceptual Master Plan fails to show the existing pedestrian
circulation within and immediately outside of the PUD Conceptual Master Plan
area, an internal pedestrian circulation plan, and how the pedestrian circulation
plan will work within the PUD in order to provide for the connection of the
preserves and open spaces with the proposed business locations. Showing the
potential pedestrian interconnection with Granada Shoppes PUD on the Conceptual
Master Plan covers just a small aspect of providing a plan for the pedestrian
integration of all uses and spaces envisioned within the proposed business park.
Further, the PUD and Conceptual Master Plan fails to show the proposed
pedestrian connections between the PUD area and the surroundin2 existin2
pedestrian circulation svstem. The PUD provides no commitment to construct such
a pedestrian system. On the contrary, Section 2.15 B 1 of the PUD requests that the
developer be permitted to make payment in-lieu of construction of sidewalks. This
is contrary to the intent of Objective 7 of the GMP. The SDP for Parcel A shall
demonstrate compliance with FLUE Objective 7 by delineating a pedestrian
connection between Parcels A and B between Parcel A and the PUDs to the east and
west,;, between Parcel A and the Open Space areas within this PUD across Creekside
Way to the east; and, between Parcel A and that portion of the linear Open Space
area located south of and parallel to Creekside Boulevard within this PUD.
d. Objective 1.3 of the Economic Element. This petition furthers Objective 1.3 of the
Economic Element which states, "Collier County will support programs which are
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designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industry in order to diversify the County's
economic base."
PUD Document and Master Plan:
a. Section 2.4B- Deviation from LDC Section 4.06.02.A.3... buffers to the east. west and
south (reduction from 25' to 10' width) on east and west). Following staff discussion
with the applicant as to how the intent of this Section 4.06.02.A.3 can be met so that
a park-like setting can be obtained, which is the intent of the Business Park
Subdistrict, the applicant's proposed deviation from LDC Section 4.02.13.C.5 is
acceptable to staff provided text is added at the end of Section 2.4.B.4 as follows:
"A minimum of 50% of the dispersed trees must be relocated to Parcel A and/or B.
No dispersed trees are allowed to be relocated to the Preserve area and no dispersed
trees are allowed to be relocated to the connected Open Space area containing a
lake and shaped like a squiggly number seven."
b. Section 2.4. Add item F to identify all proposed uses in Section 3.3 that are not listed
in the BP zoning district; the rationale might be that they have previously been
determined by the BCC to be consistent with the Business Park Subdistrict via
approval of the ASGM Business Center PUD (for all such uses). If the County
Attorney agrees that the use of the NAICS Manual is more appropriate in fully
defining the internet, newspaper, and other media publications businesses intended
to be accommodated by this PUD, then staff would concur with the use of the
NAICS Manual.
CONCLUSION
Based upon the above analysis, staff concludes that the proposed rezoning from Rural Agricultural
(A) and Creekside Commerce Park PUD to BPPUD to allow the light industrial and business uses
may be deemed consistent with the F.L.U.E. as outlined above, and subject to:
a. The Board of County Commissioners will need to determine that the project's proposed
access complies with the required "direct access to an arterial" contained in criterion h of
the Business Park Subdistrict.
b. The PUD revisions as noted in "a" above.
c. The PUD revisions as noted in "b" above.
d. The pedestrian connection text revision as noted in Objective 7 of the F.L.U.E. above.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. These criteria are specifically noted in Section 10.03.05
of the Land Development Code and required staff evaluation and comment. The Planning
Commission to the BCC also used these criteria as the basis for their recommendation.
Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for
supportive action by appointed and elected decision-makers. Each of the potential impacts or
considerations identified during the staff review are listed under each of the criterion noted and are
summarized by staff, culminating in a determination of compliance, non-compliance, or
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compliance with mitigation. These evaluations are completed as separate documents and are
attached to the staff report (See Exhibit "A" and Exhibit "B").
Environmental Analysis: Environmental Services staff has reviewed the petition and has
recommended approval subject to the conditions contained in Sections IV and V of the PUD
document.
The Environmental Advisory Council (EAC) was not required to hear this petition because the
subject property had either area that were previously disturbed, or were identified as preserve
areas.
Transportation Analysis: The project was reviewed based on the current Transportation Impact
Statement (TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth
Management Plan transportation element. The project is located in the northwest Transportation
Concurrency Management Area (TCMA). The project was reviewed at build-out and the five year
planning period. The TCMA is expected to function at an acceptable level of service within the
five year pi arming period when both project trips and back ground traffic are considered. The
project is consistent with Policy 5.1 of the Transportation Element in the Growth Management
Plan. However, several intersections will not function at acceptable levels of service with both
back ground traffic and the additional project trips.
Mitigation for project traffic is recommended in order to address congestion management. Staff is
currently working with the applicant to review the following strategies; 1) The payment of
approximately $75,000 to fund the installation of the SCOOT system at the US-41 and Immokalee
Road intersection along with the next two easterly signalized intersections. The system is intended
to recapture capacity by modifying signal timing based on approach demand using real time
analysis. 2) The extension of Creekside Way southerly to Creekside Boulevard. The extension
would provide additional by-pass of the Immokalee Road intersections. 3) The inclusion of
transportation demand strategies along with a proportionate share payment not to exceed
15percent above the road impact fees. The additional funds would be used to fund intersection
improvements, transit and increase pedestrian mobility within the TCMA. 4) The inclusion of
language in the PUD detailing fair share payments to the signalization of Creekside Boulevard at
the US-4l and Goodlette-Frank Road intersections if and when warranted or other intersection
improvements within the TIS study area.
Staff recognizes the economic benefit of this project and recommends approval with identified
improvements and fair share payments that address congestion management. At the time of this
review it was unclear as to the ability of improving Creekside Way to form a connection to
Creekside Boulevard. This application should be considered simultaneously with AR#8832.
Utility Issues: The Utilities Department staff has reviewed the petition and has recommended
approval subject to the conditions contained in Section 6.4 of the PUD document.
Zoning and Land Development Review Analysis: The evaluation by professional staff includes an
analysis of the project's relationship to the community's future land use plan and whether or not a
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rezoning action would be consistent with the GMP. Other evaluation considerations include an
assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility
with adjacent land uses. In addition, staff offers the following synopsis:
Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to
Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning
action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The
subject property contains 35.24 acres of which approximately 32.92 acres are zoned "A" Rural
Agricultural and approximately 2.32 acres are zoned Creekside Commerce Park PUD. The
proposed rezoning request is for a Business Park Planned Unit Development. The subject property
lies southeast of Activity Center #2. The FLUE identifies the subject property is designated
Urban (Urban - Mixed-Use, Urban Residential Subdistrict), of which the Business Park Subdistrict
is a text-based provision, allowed throughout the Urban Designation. The Business Park
Subdistrict allows a mix of industrial uses and non-industrial uses, designed in an attractive park-
like environment with low structural density where building coverage ranges between 25 and 45
percent and where landscaped areas provide for buffering and enjoyment by the employees and
patrons of the park. The operation of the newspaper will be a 24 hours a day, 7 days a week
activity. Deliveries and distribution will occur throughout the entire day. The shipping and
receiving area is proposed on the southern half of the proposed building. Mitigation for the noise
of the printing operation will be provided by the enclosed design of the building. The GMP
establishes criterion upon which the approval of Business Park Subdistricts are based. Based upon
the Future Land Use Plan, we have an expectation that the land will be used and developed for
those land uses authorized within the PUD, The development of the subject property is timely and
consistent with the FLUE of the GMP.
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Relationship to Existing and Proposed Land Uses - The subject property is bordered by
Immokalee Road, Creekside Commerce Park PUD, Pelican Marsh DRI/PUD (Bay Colony Golf
Club), and Granada Shoppes PUD. The subject property is located in the Rural Agricultural (A)
and Creekside Commerce Park PUD districts. The "A" zoning district permits one residential
dwelling unit per 5 gross acres, of which, the 32.14 acres would yield 6 units. The Creekside
Commerce Park PUD district permits a variety of industrial and business uses. Presently, the
subject property is in various stages of development. The area zoned Creekside Commerce Park
PUD is developed with an entrance to Creekside Commerce Park, i.e.: Creekside Way, a
stormwater management pond, signage and buffering for Creekside Commerce Park. The area
zoned "A" is both developed and undeveloped. The developed areas are used primarily as
cultivated agricultural row crops. The lesser areas of development consist of Creekside
Boulevard, existing berm and vegetative buffering, stormwater management lake, golf cart paths
and bridges, and preserve area for Pelican Marsh DRIIPUD (Bay Colony Golf Club). The
adjoining development to the north is Immokalee Road (CR 846). Immokalee Road is a six lane
arterial roadway. North of Immokalee Road is Collier Tract 22 PUD (Collier Reserve), which was
approved for 440,000 square feet Commercial, and 385 single and multi-family residential units
on 61.40 acres. The Commercial/Office Development Regulations (Section 5) for Collier Tract 22
provided for a maximum building height of five stories or 50 feet, whichever is greater for
shopping centers and eight stories or 80 feet, whichever is greater for all other uses. To the east,
Creekside Commerce Park PUD was approved for 190,000 square feet of Commercial, 620,000
square feet ofIndustrial on 108.4 acres, and Pelican Marsh DRI/PUD was approved for 1,095,000
square feet of Commercial, 4,800 single and multi-family units, 171 acres of Golf Course, and 570
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Conservation Acres on 2,072.88 acres. Creekside Commerce Park PUD height regulation for the
Industrial/Commerce District (Section III) is 35 feet and 50 feet for the Business District (Section
IV). The Pelican Marsh DRI/PUD height regulation for the Residential Land Use District (Section
III) is 35 feet for single- family and two-family dwelling units and 50 feet for multiple-family
dwelling units. To the west, Granada Shoppes PUD was approved for 390,000 square feet of
Commercial on 39.23 acres. The height regulation for Granada Shoppes (Section 3) is 50 feet for
retail buildings, 60 feet for office buildings and hotel (architectural features 75 feet and 73 feet for
the hotel).
It is the stafr s opinion that the proposed uses for the petition would not adversely impact the
existing commercial, industrial, and residential land uses in the area, but has notes the following
concerns. The subject site exceeds the minimum area (35 acres) requirement, and meets the
building coverage percentage at 26 percent. The proposed plan provides approximately 11.38
acres (32.3 percent) of open space and preserves area. The majority of this area is located in an
appendage on the southern area of the subject property that is currently used as part of the golf
course development of Pelican Marsh DRIIPUD (Bay Colony Golf Club). This area would not
provide for buffering and enjoyment by the employees and patrons of the Business Park. It is
questionable if the employees and patrons would even have access to this area, which is a
requirement of LDC Section 4.02,OIB.2. Even though the proposed principal structure (Naples
Daily News) on Tract A is proposed to be designed to have a staggered height with the taller
portion of the building located towards the interior of the foot print of the building. The distance
between the tallest part of the building and the nearest single family structure is approximately
1100 feet. The proposed maximum height of 75 feet is not compatible to either the existing
adjoining residential, commercial or industrial uses. As mentioned above, there the maximum
height proposed for this application is taller that any surrounding properties (except Collier
Reserve - Commercial eight stories or 80 feet and Granada Shoppes - 75 and 73 feet for
architectural features). There are no existing buildings, which adjoin the subject property, that are
developed to proposed maximum height of 75 feet for this application. Furthermore, staff believes
that the development regulations, landscaping, and the screening and buffering requirements of the
PUD District do not enhance the aesthetic quality of this area or contributes to the compatibility of
the adjoining property. The petitioner has submitted a site line plan to address the potential sight
visibility problem.
Zoning and Land Development staff has taking a different position than Comprehensive Planning
staff in regards to the petitioner's request for a deviation from LDC Section 4.06.02.A.3. Zoning
and Land Development staff is recommending denial of this request and is recommending that the
PUD document provide the required 25 foot buffer in addition to the existing 25 foot buffer, that
was constructed for Pelican Marsh PUD on the subject property. With the replanting of the
existing buffer, due to wind damage, and the additional of the required 25 foot wide buffer, by
extend the berm and providing taller growing native trees, the buffer would provide substantial
mitigation of the adverse impacts from the proposed Business Park.
NORTH VIEW
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SOUTH VIEW
Deviation Discussion:
The petitioner is seeking five deviations and has identified them in Section 2.4 of the PUD
document. The petitioner has provided justification in support of the deviations in correspondence
received by the staff with the application on December 1,2004 (Exhibit B). Staff has analyzed the
deviations and provides the analyses and recommendations below.
Deviation 1 seeks relief from Section 4.06.02.C.5, the requirement to construct a 25-foot wide
landscape buffer along Immokalee Road to provide a 20-foot wide landscape buffer, without a 6- foot
high wall, berm or wall and berm combination.
The proposed 20-foot wide buffer adjacent to Immokalee Road will be planted in accordance with the
following criteria.
Native, xeric or naturalized canopy trees shall be installed based on a minimum spacing of 25-feet on
center, at an initial planting height of 14 feet, with a minimum 6-foot canopy spread. Trees may be
grouped or clustered within the landscape buffer. A continuous double row hedge, spaced three feet
on center, with an initial planting height of24 inches shall be installed within the buffer.
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The petitioner provided the following justification for this deviation:
"The proposed 20-foot wide buffer is consistent with the width of the buffers
provided within both the existing Creekside Commerce Park PUD and the
Granada Shoppes PUD."
Staff is supportive of Deviation No.1 based on the fact that the proposed width would provide
continuity with the existing width of the buffers to the PUDs to the east and west of the subject
property. Staff also recognizes that the reduced buffer approved for the Creekside Commerce
Park has not had a negative impact on properties to the north, across Immokalee Road. Staff,
therefore, finds the deviation in compliance with LDC Section 10.02.13 .A.3, in that the petitioner
has demonstrated that "the element may be waived without a detrimental effect on the health,
safety and welfare of the community."
Deviation 2 seeks relief from LDC Section 4.02.13.G and Section 4.06.02.C.5, which requires a
business park to provide a 25- foot wide landscape buffer around the entire boundary of a business
park, to permit the following buffers:
1. East - lO-foot wide type "A" buffer adjacent to Creekside Commerce Park.
2. West -lO-foot wide type "A" buffer adjacent to Granada Shoppes PUD.
3. South - the 25-foot wide existing buffer and berm adjacent to the Pelican Marsh PUD shall be
maintained in its existing condition for that portion of the Naples Daily News BPPUD located
west and south of the existing berm and designated as open space, preserve, or lake area No
additional buffer shall be required. Replacement trees required to maintain the buffer in its
existing condition shall be Florida native canopy trees (excluding Mahogany).
4. Trees required as part of the double staggered row required, at 30 feet on center, within the
east and west Buffers, shall be quantified with a single row remaining within each buffer (at
30 feet on center). The remaining row quantity of both buffers, in not installed within the
respective buffers, may be dispersed throughout the project site, including but not limited to
the landscaped berm located along the south property line, parklets, and other open areas
within the project. A maximum of 25 percent of the dispersed trees may be relocated to the
project berm on the south property line.
The petitioner provided the following justification for this deviation:
"The deviations from the required 25-foot wide buffer with a 6-foot high berm
or wall are justified given the locations of the proposed Naples Daily News
BPPUD, adjacent to the developed industrial uses of Creekside Commerce
Park PUD and the existing retail shopping center, Granada Shoppes PUD.
These projects are non-residential uses and have existing buffers in place. An
existing berm and landscape buffer exists along a majority of the project's
southern boundary, which meets the intent of the buffers required for a
business park. That portion of the Naples Daily News BPPUD which is
designated as preserve and open space uses, abuts adjacent Pelican Marsh PUD
tracts having similar open space uses which do not warrant the strict 25- foot
wide buffer with opacity to 6 feet in height for areas limited to open space and
preserve uses. The proposed alternative buffers will provide appropriate
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buffering between the proposed light industrial uses and the existing adjacent
industrial and retail uses."
Staff is not supportive of Deviation No.2. The Business Park Subdistrict is intended to provide for
a mix of industrial uses and non-industrial uses, designed in an attractive park-like environment
with low structural density and where landscaped areas provide for buffering and enjoyment by
the employees and patrons of the park. As to the Subdistrict's intent, the location and
configuration of the provided open space areas is not ideal because it does not serve as a visual or
physical relief to developed areas to the extent that a more centrally located open space area would
provide. To increase the benefit of these open spaces, staff recommends access to the open spaces
be provided as outlined further in this analysis. The Business Park Planned Unit Development
document and accompanying conceptual plan need to show types, locations, and pedestrian
linkages between the employment activities and the open space activities so as to conform to the
intent of this sub-district. The insertion of the Business Park Planned Unit Development into the
area presently used as a golf course for the Pelican Marsh DRI is problematic. While the
incorporation of the buffering standards as prescribed in the LDC and the GMP would interfere
with the existing layout of the golf course, the land use could change within the Pelican Marsh
DRIIPUD to be redeveloped for residential activities. Staff further believes that the existing buffer
should be refurbished from the past wind damage, and additional buffering needs to be added to
mitigate the adverse impacts from the possible business park uses. Staff, therefore, finds the
deviation not to be in compliance with LDC Section 1O.02.13.A.3 in that the petitioner has not
demonstrated that "the element may be waived without a detrimental effect on the health, safety
and welfare of the community."
Deviation 3 seeks relief from Section 4.06.02.A.3, Buffer Requirements.
A request to permit required landscape buffers and signs within recorded water and wastewater
easements consistent with grant of easement restrictions as recorded in O.R. Book 2712, Pages 0624
- 0626, and O.R. Book 2712, Pages 0610 - 0612
The petitioner provided the following justification for this deviation:
"This deviation is warranted due to the previously granted easements to
Collier County which permit landscaping within recorded easements, subject
to limitations found within the recorded easement agreement. Copies of the
recorded easements have been attached for reference."
Staff is supportive of Deviation No. 3 based on the fact of consistency with the previously
approved deviation and landscaping for Creekside Commercial Park PUD. Staff, therefore, finds
the deviation in compliance with LDC Section 10.02.13.A.3, in that the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health, safety
and welfare of the community."
Deviation 4 seeks relief from LDC Section 5.06.04.C, which permits business parks to have an on
premise pole or ground sign, with additional signs permitted subject to a 1,000-foot sign separation to
permit the following:
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The Naples Daily News BPPUD shall be permitted to have one on-premise sign along the Immokalee
Road frontage and two on-premise signs along the Creekside Boulevard frontage. Signage shall have
a maximum height of 15 feet and sign copy area of 80 square feet. Approximate on-premise sign
locations are shown on the Conceptual Master Plan.
The petitioner provided the following justification for this deviation:
"This deviation justified due to the presence of Creekside Boulevard, which
separates business park parcels A and B. Without the deviation, parcel B
would not qualify for an on premise sign, due to the greater road frontage than
specified in the LDC for smaller parcels within business parks. Additionally,
the distance between Immokalee Road and Creekside Boulevard is
approximately 1,000 feet; however, depending on the final sign locations, the
LDC required 1,000-foot separation may not be possible. The LDC speaks to
corner parcels and grants exceptions, but does not contemplate the existing
scenario by which a project has access and frontage to both an arterial and
collector roadway."
Staff is not supportive of Deviation No.4 based on the location of Tracts A and B as identified on
the Conceptual Master Plan: the business park does not have an internal closed access network,
but is accessible from Immokalee Road, Highway 41 and Goodlette Frank Road. There was no
demonstration for the increased height and area of the future signage. Staff, therefore, finds the
deviation not to be in compliance with LDC Section 10.02.13.A.3 in that the petitioner has not
demonstrated that "the element may be waived without a detrimental effect on the health, safety
and welfare of the community."
Deviation 5 seeks relief from LDC Section 5.06.02.C, On-premise Signs, which requires a
minimum 10- foot setback from property lines for monument and pole signs, to permit a minimum
setback of 15- feet from edge of pavement or 10- feet from the property line, whichever would
encroach into rights-of-way, subject to demonstration that safe site triangles can be maintained. One
sign for each lot or parcel for each external and internal road frontage shall be permitted.
The petitioner provided the following justification for this deviation:
"This deviation will pern1it signage along the road frontage of the Naples Daily
News BPPUD to be consistent with the placement of signage within the
Creekside Commerce Park PUD. Further, the deviation clarifies the intent to
permit signage along each road frontage ofthe project, and flexibility in siting the
signage dependent on the roadway location within the easement or right-of-way
as applicable."
Staff is not supportive of Deviation No. 5 based on the fact that the proposed sign setback
requirements should not be allowed in the county road right-of-way. Staff, therefore, finds the
deviation not to be in compliance with LDC Section 1O.02.13.A.3 in that the petitioner has not
demonstrated that "the element may be waived without a detrimental effect on the health, safety
and welfare of the community."
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NEIGHBORHOOD INFORMATION MEETING:
Synopsis provided by Linda Bedtelyon Community Planning Coordinator: Agent for the
applicant, Wayne Arnold ofQ. Grady Minor held the required NIM for PUDZ-2005-AR-8833 and
PUDA-2005-AR-8832 on May 10, 2006 at 5:30 P.M. at St. John the Evangelist Catholic Church
ballroom. Three individuals other than the applicants' agents and county staff attended. Of those
who spoke, no one expressed opposition to either rezoning requests or proposed Naples Daily
News operations. The following questions were addressed by the applicants' consultants present:
1. Maximum building height: 75 feet
2. Access points: from Immokalee Road., Creekside Way and interconnection through Granada
Shops
3. Service deliveries from Creekside Way
4. Hours of operation: 7 days a week, 24 hours per day
5. Lighting/noise: per county codes
6. An approximate 16 month construction timetable to commence in late 2007
7. Recycling to be done on site
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) forward a recommendation of approval of
petition PUDZ-2005-AR-8833, Naples Daily News BPPUD, based upon the findings of
consistency with the GMP by Comprehensive Planning staff, and the findings of compatibility to
the surrounding properties with the following conditions:
1. The approval of PUDZ-2005-AR-8833, Naples Daily News BPPUD shall be conditioned
upon the approval of PUDA-2005-AR-8832.
2. The approval of PUDZ-2005-AR-8833, Naples Daily News BPPUD shall be conditioned
upon the following deviations from the Land Development Code.
A. A deviation from Section 4.06.02.C.5 of the LDC to provide a 20-foot wide landscape
buffer, without a 6- foot high wall, berm or wall and berm combination
B. A deviation from Section 4.06.02.A.3 of the LDC to permit required landscape buffers
and signs within recorded water and wastewater easements consistent with grant of
easement restrictions as recorded in O.R. Book 2712, Pages 0624 - 0626, and O.R. Book
2712, Pages 0610 - 0612.
3. The preserve (acreage) provided needs to be in Section 6.6.B. of the PUD document and on
the Master plan.
4. All principal structures shall have a minimum setback of 25' from the boundary of any
preserve. Accessory structures and all other site alterations shall have a minimum 10- foot
setback.
5. The southern buffer shall be widened to 50 feet and the existing berm be widened to
accommodate an additional double row of trees of such native species whose height would
help to block the northern view of the 75 foot tall industrial building.
6. The south side of Parcel "A" shall be heavily planted with trees and shrubs to create the
needed park like setting and help with buffering noise and odor from printing activities on
this Parcel.
7. Storm water from the subject property shall be retained and treated on site before it is
discharged into the two existing lakes which are being incorporated into this property.
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8. Provide an additional 30 percent of the minimum code trees along the north perimeter
buffer. This 30 percent shall consist of tall native species whose height would help to
block the northern view of the 75 foot tall industrial building.
9. A North Arrow shall be provided on Exhibit "E".
10. Section 3.3A5 of the PUD document should be changed to reference "Standard Industrial
Classification (SIC) Manual Codes as adopted by Collier County and included in the Local
Development Code" (Collier County does not use NAICS Manual) to allow staff to
determine use consistency.
11. Amend Section 2.4 to add item F and identify all proposed uses in Section 3.3 that are not
listed in the BP zoning district per the SIC Manual Codes.
12. The payment of approximately $75,000 to fund the installation of the SCOOT system at
the US-41 and Immokalee Road intersection along with the next two easterly signalized
intersections. The system is intended to recapture capacity by modifying signal timing
based on approach demand using real time analysis.
13. The extension of Creekside Way southerly to Creekside Boulevard. The extension would
provide additional by-pass of the Immokalee Road intersections.
14. The inclusion of transportation demand strategies along with a proportionate share
payment not to exceed 15percent above the road impact fees. The additional funds would
be used to fund intersection improvements, transit and increase pedestrian mobility within
the TCMA.
15. The inclusion of language in the PUD detailing fair share payments to the signalization of
Creekside Boulevard at the US-41 and Goodlette-Frank Road intersections if and when
warranted or other intersection improvements within the TIS study area.
PREPARED BY:
MICHAEL 1. DE RUNTZ, C.F.M., PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
REVIE\VED BY:
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Agenda Item No. 8e
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Page 40 of 273
MARJORIE M. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
DATE
RAYMOND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
SUSAN MURRAY ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT ADMINISTRATOR
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
DATE
Tentatively scheduled for the July 25, 2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
Exhibit A - Zoning Findings
Exhibit B - PUD Findings
Exhibit C - Letter June 6, 2006
Exhibit D - NIM Notification List
REZONE FINDINGS
PETITION PUDZ-2005-AR-8833
Section 10.03.05 of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall show
that the Planning Commission has studied and considered the proposed change in relation to the
following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives & policies
of the Future Land Use Map and the elements of the Growth Management Plan.
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Pro: The applicant has identified in the "Statement of Compliance" of the Naples Daily
News BPPUD document will be in compliance with the planning goals and objectives of
Collier County as set forth in the Growth Management Plan.
Con: Staff has concerns that the project did not provide for multiple buildings, as intended
in the GMP, and it not provide for a park-like setting. The majority of the "open space"
would be restricted from access to the employees and the patrons of the business park,
access to the business park was not directly off of an arterial of collector road, and the
maximum building height of75 feet exceeded the maximum height for business parks and
industrial districts of 50 feet. The Growth Management Planning Department has indicated
that the proposed Naples Daily News BPPUD is consistent with all applicable elements of
the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) subject to
revisions to the PUD Document.
Findings: Based on the staffs review, the proposed development would be in compliance
with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for
Collier County if the listed conditions were addressed.
2. The existing land use pattern;
Pro: The Location and Zoning Maps that are attached to the staff report show the Naples
Daily News BPPUD site is located between existing developed or developing industrial,
commercial and residential properties and GMP Economic Element Policy 1.3 support
programs which are designed to promote and encourage the recruitment of new industry as
well as the expansion and retention of existing industry in order to diversify the County's
economic base.
Con: The petitioner's proposes industrial, light industrial and commercial uses that are not
compatible with the adjoining residential land uses in both allowable maximum height, and
activity intensity.
Findings: Staff believes that the petition lacks adequate ameliorating factors to offset the
adverse impacts from the proposed land uses, unless the project is approved subject to staff
conditions of approval.
EXHIBIT "A"
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: The Naples Daily News BPPUD parcel 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.
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Con: The assemblage of the five parcels of property to facilitate the minimum area
required for a Business Park created a gerrymandered parcel of property that is not
accessible by those using the subject property and encroaches into an area developed as
upper end single-family residences and private golf course.
Findings: The proposed Naples Daily News is not compatible with the adjoining
residential land uses, but if the recommended conditions were met, adequate ameliorating
elements would be provided.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro: The subject site is surrounded by a six lane County roadway (CR 846) to the north,
commercial to the east and west, and Pelican Marsh DRI to the south. The subject site
basically fits within an area that is undeveloped.
Con: The 7.8 acres appendage that extends into Pelican Marsh DRI serves no usable
purpose other than providing the necessary acreage needed for a business park and
providing the required open space. The 2.32 acre area that was added from the Creekside
Commercial Park PUD was developed to serve the needs of that permitted land use.
Findings: The proposed PUD district boundaries are not logically, but the gerrymander
configuration was necessary to get the required acreage needed for a Business Park.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: The applicant has expressed the need to relocate to this location because their existing
facility does not have the area or design to accommodate a newer printing press operation
and other multi-media capabilities that is desired for the company's future plans. The
growth and development trends in this area indicate a demand for Commercial and light
Industrial activities.
Con: The proposed petition was a voluntary action by the petitioner's selection of the
subject property. This site requires the BCC to make a finding that the project is consistent
with the Business Park criteria.
Findings: The proposed Naples Daily News BPPUD is not compatible with adjacent land
uses due to the related noise, odor, and building massing related to the proposed newspaper
press operation, but the proposed conditions would aid in creating ameliorating elements.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: The County's current lad use policies in the F.L.U.E. support the action to encourage
economic development, diversity and retention.
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Con: The proposed Naples Daily News BPPUD is not compatible with adjacent residential
and commercial land uses due to the related noise, odor, and building massing related to
the proposed newspaper press operation to the adjoining Pelican Marsh DR! and Collier
Tract 22 PUD.
Findings: The proposed Naples Daily News BPPUD is not compatible with adjacent land
uses due to the related noise, odor, and building massing related to the proposed newspaper
press operation, but the proposed conditions would aid in creating ameliorating elements.
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.
Pro: The project was reviewed based on the current Transportation Impact Statement
(TIS) guidelines and with respect to Policy 5.1 of the Collier County Growth Management
Plan transportation element. The project is located in the northwest Transportation
Concurrency Management Area (TCMA). The project was reviewed at build-out and the
five year planning period. The TCMA is expected to function at an acceptable level of
service within the five year planning period when both project trips and back ground traffic
are considered. The project is consistent with Policy 5.1 of the Transportation Element in
the Growth Management
Con: The proposed change will result in an overall increase in daily trips by 5,047 from
the Naples Daily News BPPUD, as determined by the Traffic Impact Statement and
several intersections will not function at acceptable levels of service with both back ground
traffic and the additional project trips.
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses.
8. Whether the proposed change will create a drainage problem;
Pro: The proposed change incorporates two existing water management systems, one from
Creekside Commercial Park PUD and Pelican Marsh DR!. The proposed storm water
drainage will incorporate these and provide others to meet Collier County's and South
Florida Water Management District regulations. The subject property is in Flood Zone AE
11 and all development will be required to meet County and FEMA flood protection
regulations.
Con: Urban intensification could potentially Increase area-wide flooding In a severe
rainfall event.
Findings: Every project approved in Collier County involving the utilization of land for
some land use activity is scrutinized and required to mitigate all sub-surface drainage
generated by developmental activities.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
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Pro/Con: Evaluation not applicable
Findings: 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;
Pro: Urban intensification typically increases the value of adjacent or underutilized land.
Con: Property valuation is affected by a host of factors including zoning; however, zoning
by itself mayor may not affect values, since value determination by law is driven by
market value. The mere fact that a property is given a new zoning designation or
amendment mayor may not affect value. However, staff is of the opinion that this petition
could adversely affect property values based on the projects incompatibility to the Land
Development Code and the adjoining property as identified previously.
Findings: This is a subjective determination based upon anticipated results which may be
internal or external to the subject property, and which can affect property values. 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 mayor may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable
Findings: The basic premise underlying all of the development standards in the Land
Development Code is that their sound application, when combined with the site
development plan approval process and/or subdivision process, gives reasonable assurance
that a change in zoning will not result in deten"ence to improvement or development of
adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro: The subject property is designated Urban (Urban - Mixed-Use, Urban Residential
Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan.
The purpose of this subdistrict is to provide for higher densities in an area with fewer
natural resource constraints and where existing and planned public facilities are
concentrated.
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Con: Staff has identified that the PUD document did not provide for multiple buildings,
and did not provide for a park-like setting. The majority of the "open space" would be
restricted from access to the employees and the patrons of the business park, access to the
business park was not directly off of an arterial of collector road, and the maximum
building height exceeded the maximum height for business parks and industrial districts.
Findings: The proposed rezone to BPPUD is compliance with the Growth Management
Plan with the conditions that have been identified, which is a public policy statement
supporting zoning actions when they are consistent with said plans. In light of this fact the
proposed BPPUD would constitute a grant of special privilege. Consistency with the
FLUE is further determined to be a public welfare relationship because actions consistent
with plans are in the public interest
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro: When a Business Park is located in the Urban Commercial District or Urban-Mixed
Use District, the industrial uses shall be limited to light industry such as light
manufacturing, processing, and packaging in fully enclosed buildings; research, design and
product development; printing, lithography and publishing; and similar light industrial uses
that are compatible with non-industrial uses permitted in the district; and, the Planned Unit
Development Ordinance or Rezoning Ordinance for a Business Park project shall list
specifically all permitted uses and development standards consistent with the criteria
identified in this provision
Con: The property could continue to be used with the existing zoning. The 7.8-acre
appendage of land that extends into Pelican March will remain unchanged and will
continue to be used as it is currently being used, i.e.: preserve, lakes, golf course, and
buffering.
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses.
14. \Vhether the change suggested is out of scale with the needs of the neighborhood or
the County;
Pro: The proposed Naples Daily News BPPUD meets the minimum Area of 35 acres for a
Business Park as required by the GMP.
Con: The adjoining properties are each developed within the limitations of the building
height requirements of their approved Planned Unit Development, and each of these has a
relative low profile.
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
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Pro/Con: Evaluation not applicable
Findings: There are many sites, which are zoned to accommodate the proposed
development. This is not the determining factor when evaluating the appropriateness of a
rezoning decision. 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.
Pro: Any development of this site would require considerable site alteration with the
existing or the proposed zoning.
Con: The configuration of the property and the limitations of accessibility for the use of
portions of the subject property restrict the intended use and design for Business Park as
identified in the GMP.
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses.
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.
Pro/Con: Evaluation not applicable
Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of
the GMP and the LDC public facilities requirements has reviewed this land use petition
and found it consistent and in compliance for zoning approval. A final determination
whether this project meets the full requirements of adequate public facilities specifications
will be determined as part of the development approval process
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FINDINGS FOR PUD
PUDZ-200S-AR-8833
Section 10.02.] 3 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.
Pro: The nearby area is developed with industrial, commercial and residential uses and the
petition is for industrial and commercial uses. The petitioner is setting aside a preserve area
and has agreed to EAC recommendations regarding mangrove protection. The project will be
required to comply with all county regulations regarding drainage, sewer, water and other
utilities and has agreed to assist in roadway improvements to Lakeview Drive.
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Con: Staff has identified that the PUD document did not provide for multiple buildings, as
intended in the GMP, and did not provide for a park-like setting. The majority of the "open
space" would be restricted from access to the employees and the patrons of the business park,
access to the business park was not directly off of an arterial of collector road, and the
maximum building height exceeded the maximum height for business parks and industrial
districts. The Growth Management Planning Department has indicated that the proposed
Naples Daily News BPUD is not consistent with all applicable elements of the Future Land
Use Element (FLUE) of the Growth Management Plan (GMP).
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense.
Pro/Con: Evaluation not applicable
Findings: Documents submitted with the Naples Daily News BPPUD application provide
evidence of unified control. The PUD document makes appropriate provisions for continuing
operation and maintenance of common areas.
EXHIBIT "B"
3. Conformity of the proposed Planned Unit Development with the goals, objectives and
policies of the Growth Management Plan (GMP).
Pro: The applicant has identified in the "Statement of Compliance" of the Naples Daily
News BPPUD document will be in compliant with the planning goals and objectives of
Collier County as set forth in the Growth Management Plan.
Con: Staff has identified that the plan did not provide a plan for multiple buildings, the plan
did not provide for a park-like setting. The majority of the "open space" would be restricted
from access to the employees and the patrons of the business park, access to the business park
was not directly off of an arterial of collector road, and the maximum building height
exceeded the maximum height for business parks and industrial districts. The Growth
Management Planning Department has indicated that the proposed Naples Daily News BPUD
is not consistent with all applicable elements of the Future Land Use Element (FLUE) of the
Growth Management Plan (GMP).
33 of 35
PUDZ-05-AR-8833, Naples Daily News BPPUD
Agenda Item No. 8e
October 24,2006
Page 49 of 273
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses. (see Staff
Report).
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
Pro: The petitioner states that the petition is compatible with the surrounding land uses.
Con: The proposed rezoning request while meeting the total area requirement and the
minimum building coverage requirements of the Business Park criteria within the GMP, the
applied use of the subject property significantly deviates from the intent of the Business Park
design. Issues with providing adequate area to for a park-like setting, the limited number of
buildings making up the park, the desire to limit buffering which would aid in ameliorating
adverse impacts to adjoining properties, and the excessive height proposed will contribute to
visual blight to the adjoining properties.
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses. (see Staff
Report).
S. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro: The petition meets the minimum Open Space requirements of 30 percent.
Con: The amount of open space set aside by this project is consistent with the provisions of
the Land Development Code (32 percent). Of that amount, the majority of the open space is
located in the appendage of land that is surrounded on three sides by Pelican Marsh DRI (Bay
Colony Golf Club) and accessed by the employees and customers of the proposed business
park will be restricted
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Pro/Con: Evaluation not applicable
Findings: The proposed Naples Daily News BPPUD 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.
34 of 35
PUDZ-05-AR-8833, Naples Daily News BPPUD
Agenda Item No. se
October 24,2006
Page 50 of 273
Pro/Con: Evaluation not applicable
Findings: 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.
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.
Pro: The petitioner has submitted a request for five deviations within the PUD Document.
These deviations are requested to provide development standards that would help in the
Business Park design.
Con: Staff has identified that the plan did not provide for multiple buildings, and did not
provide for a park-like setting. The majority of the "open space" would be restricted from
access to the employees and the patrons of the business park, access to the business park was
not directly off of an arterial of collector road, and the maximum building height exceeded the
maximum height for business parks and industrial districts. The Growth Management
Planning Department has indicated that the proposed Naples Daily News BPUD is not
consistent with all applicable elements of the Future Land Use Element (FLUE) of the
Growth Management Plan (GMP).
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses, which includes
the staffs recommendation that of the requested five deviations only Deviations # 1 and #3
be approved.
35 of 35
PUDZ-05-AR-8833, Naples Daily News BPPUD
Agenda Item No. se
October 24, 2006
Page 51 of 273
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
AEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
~.COLLlERGOV.NET . (239) 403-2400 FAX (239) 643-6968
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
Rev. 1
PUDZ-2005-AR-8833
PROJECT #2005110029
DATE: 4/21/06
Michael DeRuntz
NAME OF APPLICANT (S) COLLIER PUBLISHING COMPANY. INC. D.S.A. NAPLES DAILY NEWS
ADDRESS 1075 CENTRAL AVENUE CITY NAPLES STATE FLORIDA ZIP 34102
TELEPHONE # 239-435-3405 CELL # FAX #
E-MAIL ADDRESS:
NAME OF AGENT D. WAYNE ARNOLD. AICP - O. GRADY MINOR AND ASSOCIATES. P.A.
ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FLORIDA ZIP 34134
TELEPHONE # 239-947-1144 CELL # FAX # 239-947-0375
E-MAIL ADDRESS:WARNOLD@GRADYMINOR.COM
NAME OF AGENT R. BRUCE ANDERSON. ESO.- ROETZEL & ANDRESS. L.P.A.
ADDRESS 850 PARK SHORE DRIVE. TRIANON CENTRE. 3RD FLOOR CITY NAPLES STATE FL ZIP 34103
TELEPHONE # 239-649-2708 CELL # FAX # 239-261-3659
E-MAIL ADDRESS:BANDERSON@RALAW.COM
AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
CCRDINGL Y AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATiONS.
NDBP CPUD Rezone Petition. doc
Agenda Item No. se
October 24, 2006
Page 52 of 273
Complete the following for all Association(s) affiliated with this petition. Provide additional
sheets if necessary.
.
NAME OF PROPERTY OWNERS ASSOCIATION: CREEKSIDE COMMERCE PARK
MAILING ADDRESS 2600 GOLDEN GATE PARKWAY CITY NAPLES STATE FL ZIP 34105-3227
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
e
NDBP CPUD Rezone Petition. doc
Agenda Item No. se
October 24, 2006
Page 53 of 273
.
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
NOT APPLICABLE
b. If the property is owned by a CORPORATION, list-the officers and stockholders and
the percentage of stock owned by each.
Name and Address
Percentage of Ownership
Creekside Commerce Park Property
Owners Association. Inc.
2600 Golden Gate Parkway
Naples. Florida 34105-3227
. c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Folio # 29331190521
Folio # 29331190660
100%
Name and Address
Percentage of Ownership
NOT APPLICABLE
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
Ocean Boulevard Partnership II
2600 Golden Gate Parkway. Suite 200
Naoles. Florida 34105-3227
Folio # 00168040601
Folio # 00168046003
100%
e
Ocean Boulevard Partnership
2600 Goiden Gate Parkway. Suite 200
Naples, Florida 34105-3227
Folio # 00168042900
100%
NDBP CPUD Rezone Petition. doc
Agenda Item No. 8e
October 24, 2006
Page 54 of 273
Ocean Boulevard Partnership II
Ocean Boulevard Partnershio
2600 Golden Gate Parkway. Suite 200
Naples. Florida 34105-3227
Folio # 00168042803
100%
.
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Folio # 00168040601
Folio # 00168042900
Folio # 00168042803
Folio # 00168046003
100%
Collier Publishina Comoany. Inc..
dba Naples Daily News
1075 Central Avenue. Naples. FL 34102
Date of Contract:
f.
If any contingency clause or contract terms involve Cidditional parties, list aJI..
individuals or officers, if a corporation, partnership, or trust. .
Name and Address
g. Date subject property aCQuired L8J 1994. 2005 les8ed D Term 8f 18s88 -yrS.!M88.
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates:
Anticipated closing date:
, or
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.
NDBP CPUD Rezone Petition.doc
Agenda Item No. se
October 24, 2006
RUN SOUTHERLY ALONG THE ARe OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 30.00 ~~%T?~~kbJGH
A CENTRAL ANGLE OF 93006'13"; SUBTENDED BY A CHORD OF 43.56 FEET AT A BEARING OF SOUTH 15035'09"
WEST, FOR A DISTANCE OF 48.75 FEET TO THE END OF SAID eURVE; THENCE RUN SOUTH 30057'58" EAST
FOR A DISTANeE OF 34.79 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE eONCAVE
A:>UTHWEST; THENeE RUN SOUTHEASTERLY ALONG THE ARC OF SAID eURVE TO THE RIGHT, HAVING A
~DIUS OF 80.00 FEET; THROUGH A CENTRAL ANGLE OF 14016'42"; SUBTENDED BY A CHORD OF 19.88 FEET
AT A BEARING OF SOUTH 23049'37" EAST, FOR A DISTANCE OF 19.94 FEET TO THE END OF SAID CURVE;
THENCE RUN SOUTH 84013'14" EAST FOR A DISTANCE OF 158.41 FEET; THENCE RUN SOUTH 80055'24" EAST
FOR A DISTANCE OF 183.78 FEET; THENeE RUN SOUTH 81052'51" EAST FOR A DISTANCE OF 180.90 FEET;
THENCE RUN SOUTH FOR A DISTANCE OF 261.28 FEET; THENeE RUN WEST FOR A DISTANCE OF 394.57 FEET;
THENCE RUN NORTH FOR A DISTANeE OF 271.73 FEET; THENCE RUN NORTH 84013'14" WEST FOR A
DISTANCE OF 120.32 FEET; THENCE RUN SOUTH 33005'40" WEST FOR A DISTANCE OF 54.13 FEET; THENCE
RUN SOUTH 76056'51" WEST FOR A DISTANeE OF 89.04 FEET; THENeE RUN NORTH 58035'21" WEST FOR A
DISTANCE OF 65.19 FEET; THENCE RUN NORTH 15031'55" WEST FORA DISTANeE OF 74.80 FEET; THENCE RUN
NORTH 00041'41" WEST FOR A DISTANCE OF 115.24 FEET; THENeE RUN NORTH 28022'47" EAST FOR A
DISTANCE OF 171.51 FEET; THENCE RUN NORTH 17"11'45" WEST FOR A DISTANCE OF 106.79 FEET; THENCE
RUN NORTH 13002'52" EAST FOR A DISTANCE OF 28.51 FEET; THENeE RUN NORTH 73036'14" WEST FOR A
DISTANeE OF 54.78 FEET; THENeE RUN SOUTH 49016'08" WEST FOR A DISTANCE OF 112.78 FEET; THENCE
RUN SOUTH 89047'08" WEST FOR A DISTANCE OF 53.08 FEET; THENeE RUN NORTH 58000'49" WEST FOR A
DISTANeE OF 50.49 FEET; THENeE RUN NORTH 00039'12" WEST FOR A DISTANCE OF 303.48 FEET; THENeE
RUN NORTH 89020'45" EAST FOR A DISTANeE OF 341.45 FEET; THENeE RUN NORTH 00039'15" WEST FOR A
DISTANeE OF 25.00 FEET; THENeE RUN NORTH 69014'15" EAST FOR A DISTANeE OF 258.29 FEET; THENCE
RUN NORTH 13026'32" EAST FOR A DISTANeE OF 348.97 FEET; TO A POINT ON A elReULAR CURVE eONCAVE
NORTH, WHOSE RADIUS POINT BEARS NORTH 03017'21" EAST, A D1STANeE OF 936.00 FEET THEREFROM;
THENCE RUN EASTERLY ALONG THE ARe OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 936.00 FEET,
THROUGH A eENTRAL ANGLE OF 06023'14", SUBTENDED BY A eHORD OF 104.29 FEET AT A BEARING OF
SOUTH 89054'16" EAST, FOR A DISTANeE OF 104.34 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH
86054'07" EAST FOR A DISTANeE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL CIReULAR eURVE
CONCAVE NORTHWEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 50.00 FEET; THROUGH A eENTRAL ANGLE OF 86054'07"; SUBTENDED BY A CHORD OF
tt.77 FEET AT A BEARING OF NORTH 43027'04" EAST, FOR A DISTANCE OF 75.84 FEET TO THE END OF SAID
RVE; THENeE RUN NORTH FOR A DISTANeE OF 830.91 FEET TO A POINT ON A elRCULAR CURVE CONCAVE
ORTHWEST, WHOSE RADIUS POINT BEARS NORTH, A DISTANeE OF 85.00 FEET THEREFROM; THENeE RUN
NORTHEASTERLY ALONG THE ARC OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 85.00 FEET,
THROUGH A CENTRAL ANGLE OF 90000'00", SUBTENDED BY A eHORD OF 120.21 FEET AT A BEARING OF
NORTH 45000'00" EAST, FOR A DIST ANeE OF 133.52 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH
FOR A DISTANCE OF 224.63 FEET TO THE POINT OF BEGINNING; CONTAINING 35.24 AeRES, MORE OR LESS.
Size of property: ft. X ft. = Total Sq. Ft. Acres 35:t:
Address/aenerallocation of subiect property: 1154. 1200 Immokalee Road. and 10500 Tamiami Tr. N.
PUD District (LDC 2.03.06):
o Residential 0 Community Facilities
r;gJ Commercial D Industrial
Zoning
Land use
NPUD
SPUD
EPUD
Commercial: Collier Tract 22 PUD
Residential and oolf course: Pelican Marsh PUD
Commercial: Creekside Commerce Park. Residential and oolf course: Pelican
.
f.A",,..,h or In
IYIWI..;;Ylt. v,""
WPUD
Commercial: Granada Shoooes. Golf course: Pelican Marsh PUD
NDBP CPUD Rewne Petition. doc
Agenda Item No. se .
October 24,2006
O h f th b. t rty rt t' t h . b' Paqe 56 of 273
oes t e owner 0 e su ~ec prope own prope y con Iguous 0 t e su ~ect property? If so,
give complete legal description of entire contiguous property. (If space is inadequate, attach
on separate page). YES
SectionITownship/Range S27/ 148S/ R25E
Lot: Block: Subdivision:
Plat Book_ Page #: Property 1.0. #: 00167800004. 00168043006. and 00168042609
Metes & Bounds Description:
.
This application is requesting a rezone from the A. Rural Agriculture and Creekside Commerce Park PUD.
zoning district{s) to the BPPUD (BUSINESS PARK PLANNED UNIT DEVELOPMENT) zoning district(s).
Present Use of the Property: AGRICULTURAL - VEGETABLE CROP. LAKE AND RIGHT-OF-WAY
Proposed Use (or range of uses) of the property: LIGHT INDUSTRIAL BUSINESS PARK INCLUDING
BUT NOT LIMITED TO MULTI-MEDIA PUBLISHING.
Original PUD Name: CREEKSIDE COMMERCE PARK PUD Ordinance No.: 97-51
Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis an.
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 10.02.13.B)
The Naples Daily News Business Park Commercial Planned Unit Development proposes a maximum
of 400,000 square feet of light industrial land uses on 35:t acres. The property is located on
Immokalee Road approximately 0.2 miles from the intersection of Immokalee Road and Tamiami
Trail (U.S. 41). Access to the project is from Creekside Boulevard and Creekside Way.
The project is located within the Urban Mixed Use District, Urban Residential Sub-district. The
proposed business park light industrial land uses are consistent with the intent and purpose of the
Business Park Subdistrict of the Future Land Use Element. The conceptual master plan prepared for
the property identifies the proposed building areas in support of the light industrial land uses. The
conceptual master plan also identifies proposed points of ingress/egress to the site, landscape
buffers and areas proposed for storm water retention. The proposed development is compatible with
surrounding commercial development which also lies within the Urban Residential Sub-district, and
adjacent Mixed Use Activity Center Subdistrict.
I. The suitability of the area for the type and pattern of development proposed in relatJo~
to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
NDBP CPUD Rezone Petition. doc
e
.
.
Agenda Item No. se
October 24, 2006
Page 57 of 273
The subject property is located in the Urban Mixed Use District on the Future Land Use Map,
which permits land uses such as business parks which permit light industrial uses. The site is
presently undeveloped, and all contiguous properties are developed with commercial and light
industrial land uses and golf course tracts within the Pelican Marsh PUD.
The site has access to Immokalee Road, Goodlette Road, and U.S. 41 via Creekside
Boulevard and Immokalee Road. Urban services are presently available to the property and
sufficient capacity exists to serve the proposed land uses.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense. Findings and recommendations of this type shall be made only after
consultation with the county attorney.
The documents submitted with the application provide evidence of unified control. The subject
property is under contract for purchase and appropriate disclosures are provided in the
application. The BPPUD document includes standard language which addresses the
continued operation and maintenance of common areas with the BPPUD.
3.
Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan.
The Statement of Compliance located in the BPPUD document discusses consistency with the
Collier County Growth Management Plan. The proposed commercial land uses are consistent
with the intent and purpose of the Business Park Sub-district of the Future Land Use Element.
Objective 7, and the implementing policies of the Future Land Use Element, encourage
developments to connect to frontage roads in lieu of collector and arterial roads. The
proposed connection to Creekside Boulevard fulfills this objective. A direct interconnect is not
feasible to Granada Shoppes; however, pedestrian access will be provided via a sidewalk
connection. Shared access to the Creekside Commerce Park PUD will be provided through
Creekside Way and Creekside Boulevard.
4.
The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
The proposed business park development is compatible with the surrounding land use pattern.
The internal arrangement of the proposed development, access points and project buffers are
consistent with the Growth Management Plan and Land Development Code and sound
planning principles with respect to urban infill development.
5.
The adequacy of usable open space areas in existence and as proposed to serve the
development.
The proposed business park will provide open space in accordance with the LOC. Open
spaces will be provided for this project and will include areas for landscape buffers, building
landscaping, preserves, and water management areas.
NDBP CPUD Rezone Petition.doc
6.
Agenda Item No. se
October 24, 2006
. . Page 58 of 273
The timing or sequence of development for the purpose of assunng the adequacy of
available improvements and facilities, both public and private.
The proposed timing of development will be required to be consistent with the county'.
concurrency management system in effect at the time development order approvals are
granted. At the time of application, there are no known deficiencies of the surrounding
infrastructure system. The project lies within a designated Transportation Concurrency
Management Area (TCMA) and will be required to be consistent with Policies 5.7, 5.8 and 5.9
of the Transportation Element of the Growth Management Plan.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
At the filing date of the zoning application there are no plans to expand the boundaries of the
proposed BPPUD. Adjacent properties are presently developed and occupied. The
application includes all properties under the unified control of the applicant.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on determination that such modifications of justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
The proposed BPPUD includes development standards and conditions which are consistent
with other similar types of light industrial and business park planned developments. The PUD
document and master plan include buffers and development standards which also fulfill
objectives to promote economic development and high wage employment opportunities i.
Collier County
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 etltio s on the sub ec
held on this property within the last year? 0 Yes
If so, what was the nature of that hearing?
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has been made
and the application is assigned a petition processing number. The application will be considered
"closed" when the petitioner withdraws the application through written notice or ceases to suoolv
necessarv information to continue orocessina or otherwise activelv oursue the rezonina for a oeriod
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 cod
(LDC Section 10.03.05.0.)
NDBP CPUD Rezone Petition.doc
Agenda Item No. se
October 24, 2006
Page 59 of 273
e
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET
Check here if not reauired
o
o
o
o
o
o
o
o
[8J
~
Utility Provisions Statement with Sketches 0
Traffic Impact Statement or waiver 0
Historical Surveyor waiver 0
Architectural Rendering of Proposed Structures [8J
Boundary Survey, no more than 6 months old (24" x36") 0
Copies of State and/or Federal Permits [8J
Affordable Housing Density Bonus Agreement, if applicable [gJ
Electronic Copy of PUD Document & Plans 0
Copy of Letter notifying the U.S. Postal Service of project
Addressing Checklist
Required Fees
-
No. of Copies
[2] 24'"
~24'"
~24*
[2]1
[2] 24
[2]1
02*
~ 1*
04
05*
04
[2]7
~4
04
~4
04
04
~1
01
~2
[8J
Aerial Photos with Habitat Areas Identified
Completed Application
Pre-Application Meeting Notes
Legible Conceptual Site Plan 24" X 36"
Conceptual Site Plan 8 %" X 11"
PUD Document and Master Plan
24" x 36" Master Plan
Warranty Deed or Contract f~r Sale
Owner/Agent Affidavit, signed & notarized
Environmental Impact Statement or waiver
* One additional copy required If for Affordable Housing
o
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
necessarx s.~mittal info ation may re ult in the delay of processing this petition.
r-u. w d?/O(;
. Agent/Applicant Sig ature Date I (
NDBP CPUD Rezone Petition.doc
Agenda Item No. se
October 24, 2006
Page 60 of 273
.
.
.
e
e
e
~~/~~/255G 13;54
2396436968
Agenda Item No. se
October 24,2006
Pp~61 ~/t,53
cu...LIER CTY ZONING
Rev. 1
PUDZ-200S-AR-8833
PROJECT #2005110029
DATE: 4/21/06
Michael DeRuntz
.~ COJ.LJSR ~OUNTY GOVBRNMENT
COMMUNITY D~PlvfENT S~Vr$l~
PL>>1NDlG S CES DBE'
BNGmEERING RBVI:D SECTION'
2600 NORTH HORSESHOE DRIVE
NAPLES. FL 33942
(941) 645-8400
J'anl.lary 2, 1~96
,\ CERTIF'ItD BLUE CHI r COMMV:VrJ'Y
Mr. John Steven Kempton, P. E.
Wilson, Miller, Barton & Peek, Inc.
3200 Bailey Lana, Suite 200
Naples, Florida 33942
RE: ~cavation P~rmit No. 59.555
"Pelican Marsh Lakes 39, 40, 42, 43, Effll.lent Pond, &t Lake :2
Addition"
Section 27, Township 48 South, Range 25 East
Collier County, Florida
Dear Mr. Kempton:
In accordance with the authority given in Section 3.5.5.2.1 of County
Ordinance No. 9),-102, as amended, your application for a
"Development" Excavation is hereby approved subject to the following
stipulatiDns:
1. The excavation shall be limited to a bottom elevation of depth of
16.4 feet from original depth. All disturbed areas proposed
for lake excavation shall be excavated to a minimum elevation of
s feet from original grade. Since multiple' lakes are involved,
the Plan of necord will be the reference for lake depth.
2. No excavated material shall be removed from the project !ite.
3. The lake littoral zone shall be created and planted as indicated
Dn the Plan of Record.
4. In order to ensure a minimum eighty percent (SO%) coverage of
littoral zone planting areas, a performance guarantee, based on a
cost estimate to replace the original installed littoral ~one
plants, will be required opon completion and Acceptance .of the
excavation (Land Development Code 3.5.7.2.5).
5. All provisions of Collier County Ordinance No. 9l~l02, Division
3.5 shall be adhered to.
~~/~~/~~~b lJ:~4
:l::l%43G';l6B
COLLIER crv ZONING
Agenda Item No. se'
October 24,2006
PalliL62 of 273
PAGE 83rEl5
Mr. John Steven Ke~~1 P. E.
Excavation Permit No. 59.555
January 2, 1996
Page 2
.
6. Where groundwater is proposed to.Se pumped during the excavating
operation, a Dewaeering Permit shall be obtained from the South
Florida Water Management District, and a copy provided to
Engineering Review Services for approval prior to the
commencement of any dewatering activity on the site.
7. No blasting will be permitted unless issued a eeparate permit by
Collier County Engineering Review services.
8. If trees are to be removed as a result of the excavating
operation, a Vegetation Removal Permit, required by Land
Development Code, Division 3.9 shall be obtained from Collier
County Planning << Technical Serviees before work shall c~mmence.
g. A 20 ft. maintenance easement shall be proviaed. around the
perimeter of the lake and. 4 20 ft. access easement to it shall be
provided from a right-of-way. The easement shall be accessible
CO all maintenance vehicles.
We are in receipt of the excavation permit fee in the amount of
$901. 00.
A performance guarantee in the fo:r:m of a Letter of Credit for .
$100,000.00 has been received. The Letter of Credit oovers multiple
projects of which this is one.
The Plan of Record for this excavation is titled "Bay Colony at
Pelican Marsh Additional 9 Golf Course Holes",(Sheets 4,5, &: lS of
17} prepared by Wilson, Miller, Barton &: Peek, Inc., aated October
17, 1995, no revisions.
Should you have any further questions regarding this matter, please
feel free to contact us at (941) g43-8471.
Very t.~l~~lurs, I
"# .'.' .-/ /t'
/~i-t,..;// ;.t~.A I ~t-.J.
Stanley,""". c1i!"zanowski, P.E.
Senior Engin~r
SC/ew/doc.10226
cc: Clyde FUgate, Engineering Inspection supervisor
~x 59.555 Fil~
ReaCiing File
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UJLLIER CTY ZONING
Agenda Item No. se
October 24, 2006
P~~~3 <ls'
COLLIER COUNTY GOVERNMENT
COMr\.1UNlTYPEVm.OPMBNT AND ENVlRONMENTALSERVICES DMSlCI'i
P.ngineerhig services Department
2800 N. f.(()(SeShoe Dr. · Naples, Floritk 34104 · 239-059--;7+4 . Fa ~..Q968
www.co.c:oDier.fi.ns
May 14,2004
JARED BROWN, P.E.
WIl.SONMJLLER
3200 BAILEY LANE SUITS.200
NAPLES, FL 341 OS
(239) 649-4040
RE: Insubstantial Clumge to "BAY COLONY GC @ PEUCAN MARSH"
. SDPI-2004-AR-S281
Project # 19993075, SDP#9S-125
Dear Mr. Brown :
'This is in response to your submittal of plans showing: Revisions to lake '# 43 to accurately
represent the actual size and shape. (See E't. 59.555).
This office has reviewed the plans and has DO objection to the changes shown.
PleBle efJntaet Peggy JarreD at (239) 403-2482 to coonliDate possible addressing chBDgS.
*18 the event 8 stnu:tnraJ or land alteration Is affected by this cbange,. bufJcllDg or land
altentloo permit DaD be obtained If applicable.
TWQ (2 ) copies of the approved plans are beini retmned for your use. Please call me if you have
any qnestions or n~ any additio~ information.
k.. /.......1' .
Sincdt~y"', ....J i
. i// ' j ,,: ,,:',l .:'. :/ ~ .
's~~o~~~{A~"
Engineer Review ~ger
cc: Don Nobles, Engineering Inspector Suporvisor, w/attachmcut
Customer Service. Addressing, w/attachment
SDPI-AR-5281) w/attachment
Fire Code Offi.cial~ ",Iattachment
Steve Wander. Engineer. w/attachment
Reading File
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COLLIER crv ZCHING
Agenda Item No. se'
October 24, 2006
Page 64 of 273
PAGE 85/ as
(".
COlllERCOUNfYGOVERNMENT
OOMMUNlTY!?EVF1OPMEN1'ANDmMRONMENTALSERVlCESDMSlON
&JslneerIDS ~ Department
2800 N. HorsesbGe Dr. · Nlples, JIlodda 34204 · 239-659,5744 · Pa: 2~
WWW..eo.co1lJer.ll.us
.
1/13/2004
slnce~IY~ j
u~d.~.~ ~
William A. Spencer,
Engineer
H"~IJ ..(.t.A.~~ r.......
00: ExcavatJon Reac1lng Rle
Engineering Services Reading File
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'~i;~\ COLLIER COUNTY GO' YED}. T1\ IT"QNT
,,'Y ill "41Vill
."
Agenda Item No. se
October 24,2006
Page 65 of 273
mr~~~[I~FI)
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COMr.WNITY DEVELOPMENT AND
ENVIRONMENT/\L SERVICES DIVISION
PLANNING SERVICES DEPAnTMENT
ENGINEEIUNG REVIEW SECTION
2800 NORTH HORSESHOE DR [VE
NAPLES, FLORr \ :'J410-t
ZS'Z(,S"
Dccember 30, 1997
Rev. 1
PUDZ-200S-AR-8833
PROJECT #2005110029
DATE: 4/21/06
Michael DeRuntz
Mr. Chris Hagan, P .E.
Johnson Engineering, Inc.
Poinci.ana Park, Suite 216
2640 Golden Gate Parkway
Naples, Florida 341 19
RE: Commercial Excavation Permit No. 59.621
"Creekside"
Section 27, Township 48 South, Range 25 East
Collier County, Florida
e Dcar Mr. Hagan:
This is your excavation permit.
In accordance with the authority given in Section 3.5.5.2.1 of County Ordinance No. 91-102, as
amended, your application for a "Commercial" Excavation is hereby approved subject to the
foHowing stipulations:
1. The excavation shan be limited to a bottom elevation of -14.0 ft. NGVD. All disturbed
areas proposed for lake excavation shall be excavated to a minimum elevation of -2.0 ft.
NGVD. ~
2. No excavated material shall be removed from the project site.
3. The lake littoral zone shall be created and planted as indicated on the Plan of Record.
4. In order to ensure a minimum eighty percent (80%) coverage of littoml zone planting
areas, n perfonnance guarantee, based on a cost estim;.!te to replace the original installed
littoral zone plants, will be required upon completion and acceptance of the excavation
(Land Development Code 3.5.7.2.5). No Ccrti~cates of Occupancy will be issued until
this performance guarnntee is submitted.
-
[901 i i 403.2400
(941) 403.2440
(941) 403.2330
Natural RC'sollrcc$l
Plnnning Services
Pollution Control
I 9.111 i:C:!.~;;O:.
(!).lll .1O:1.~:Ill()
(941) 732-2502
filliidjnJ: Rc\'jcw & PCl'1niltin~
Code Enf(lr(:cmcnl
Housing & Urban Improvement
Agenda Item No. se
October 24, 2006
Page 66 of 273
Excavation Pcnnit 59-621
.Creekside.
December 30, 1997
Page 2
.
5. All provisions of Collier County Ordinance No. 91-102, Division 3.5 shall be adhered to.
6. Where groundwater is proposed to be pumped during the excavating operation, A
Dewatering Permit shall be obtained ~rom the South Florida Water Management District,
and a copy provided to Engineering Review Services for approval prior to the
commencement of any dewatering activity on the site.
7. No blasting will be permitted unless issued a separate permit by Collier County
Engineering Review Services.
~. _ If trees are to be removed as a result of the excnvating opcrution, a Vegetation
Removal Permit, required by Land Development Code, Division 3.9 shall be
obtained from Collier County Planning & Technical Services before work shall
. commence.
9.
A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a
20 ft. access easement to it shall be provided from a right.of-way. The easement shall be
accessible to all maintenance vehicles.
.
Since we are in receipt of a performance guarantee in the fonn of a bond for the entire project
including the amount of $25,000 for the lake excavation and a permit fee in the amount of
$109.00, this letter is your permit.
The Plan of Record for this excavation is titled "Construction Permit Plans for Creekside
Commerce Park West, Sheets 5. 7, and 16" prepared by Johnson Engineering, dated December
23, 1 997, no revisions.
Should you have any further questions regarding this matter, please feel free to contact us at
(941) 403-2471.
Very truly yours,
\
- Stan Chrzan ski, P.E.
Senior Engineer
SCJdenlf:\Excavation Forms
--
cc: Clyde Fugate, Engineering Inspection Supervisor
EX 59.621 File
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R 1 Agenda Item No. se
eVe O\t~b~?4 2006
PUDZ-2005-~8~~ 273
PROJECT #2005110029
DATE: 4/21/06
Michael DeRuntz
STATEMENT OF UTILITY PROVISION_
FOR PUD REZONE REQUEST
NAME OF APPLICANT (S) COLLIER PUBLISHiNG COMPANY. INC.. DBA NAPLES DAILY NEWS
ADDRESS 1075 CENTRAL AVENUE CITY NAPLES STATE FLORIDA ZIP 34102
TELEPHONE # 239-435-3405 CELL # FAX #
E-MAIL ADDRESS:
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 1154. 1200 Immokalee Road. and 10500 Tamiami
Tr. N.
SectionlTownship/Range S27 IT 48S/R25E
Lot: Block: Subdivision:
Plat Book Page #: Property 1.0. #: 29331190521,29331190660.00168040601.
168042900 00168042803 and 00168046003
tes & Bounds Description: A PAReEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, eOLLlER eOUNTY, FLORIDA, BEING MORE PARTleULARL Y DESCRIBED
AS FOLLOWS:
eOMMENeE AT THE NORTHWEST eORNER Of SEeTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, eOLLlER
COUNTY, FLORIDA; THENeE RUN SOUTH 00038'43" EAST, ALONG THE WEST LINE OF THE NORTHWEST
QUARTER Of SAID SECTION 27, ALSO BEING THE EAST RIGHT-OF-WAY Of U.S. 41 fOR A DISTANeE OF 125.02
FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENCE RUN NORTH 44038'23" EAST,
ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 34.99 FEET; THENeE RUN SOUTH 89045'00" EAST,
ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 573.45 FEET; THENeE RUN SOUTH 86053'15" EAST,
ALONG SAID SOUTH RIGHT-Of-WAY FOR A DISTANeE OF 500.61 FEET; THENeE RUN SOUTH 89045'00" EAST,
ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 134.22 fEET TO THE POINT OF BEGINNING OF THE
PAReEL OF LAND HEREIN DESeRIBED; THENeE eONTINUE SOUTH 89045'00" EAST FOR A DIST ANeE OF 599.23
FEET; THENeE RUN SOUTH 00015'00" WEST FOR A DISTANeE OF 5.00 FEET; THENCE RUN SOUTH 89045'00"
EAST FOR A DISTANeE Of 35.04 FEET; THENeE RUN NORTH 02033'13" WEST FOR A DISTANCE OF 5.01 FEET;
THENeE RUN SOUTH 89045'00" EAST FOR A DISTANeE OF 249.45 FEET; THENeE RUN SOUTH 00025'51" WEST
FOR A DISTANCE OF 107.22 FEET; THENCE RUN SOUTH 60002'56" EAST FOR A DISTANCE OF 117.20 FEET;
THENeE RUN SOUTH 82032'14" EAST FOR A DISTANeE OF 119.17 FEET; THENeE RUN SOUTH 00007'39" EAST
FOR A DISTANCE OF 111.93 FEET; THENeE RUN NORTH 89058'01" WEST FOR A DISTANCE OF 456.64 FEET;
THENCE RUN SOUTH 02019'57" EAST FOR A DIST ANeE OF 1,179.69 FEET; THENeE RUN NORTH 72059'03" WEST
FOR A DISTANCE OF 656.88 FEET; THENeE RUN SOUTH 77043'40" WEST FOR A DISTANCE OF 573.75 FEET;
THENeE RUN SOUTH 00039'12" EAST FOR A DISTANCE OF 187.52 FEET; THENCE RUN SOUTH 68"35'21" WEST
FOR A DISTANCE OF 110.88 FEET; THENeE RUN SOUTH 57047'59" WEST FOR A DISTANCE OF 46.92 FEET;
THENCE RUN SOUTH 89020'45" WEST FOR A DISTANCE OF 156.34 FEET; THENCE RUN SOUTH 00039'15" EAST
FOR A DISTANCE OF 34.09 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWEST, WHOSE RADIUS
lINT BEARS SOUTH 06018'10" WEST, A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN
THEASTERLY ALONG THE ARC OF SAID eURVE TO THE RIGHT. HAVING A RADIUS OF 70.00 FEET,
OUGH A CENTRAL ANGLE OF 38045'24", SUBTENDED BY A CHORD OF 46.45 FEET AT A BEARING OF SOUTH
64019'08" EAST, FOR A DISTANCE OF 47.35 FEET TO A POINT ON A elRCULAR eURVE eONCAVE WEST, WHOSE
RADIUS POINT BEARS SOUTH 45003'34" WEST, A DISTANeE OF 197.21 FEET THEREFROM; THENeE RUN
SOUTHERLY ALONG THE ARe OF SAID eURVE TO THE RIGHT, HAVING A RADIUS OF 197.21 FEET, THROUGH A
NDBP CPUD R=ne Petition.doc
Agenda Item No. se'
October 24, 2006
Page 70 of 273
CENTRAl ANGLE OF 75024'07", SUBTENDED BY A CHORD OF 241.20 FEET AT A BEARING OF SOUTH 07014'23"
EAST, FOR A DISTANCE OF 259.53 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EAST, WHOSE RADIUS
POINT BEARS SOUTH 59032'19" EAST, A DISTANeE OF 130.00 FEET THEREFROM; THENCE RUN SOUTHER~
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENT
ANGLE OF 66043'37", SUBTENDED BY A CHORD OF 142.99 FEET AT A BEARING OF SOUTH 02054'08" EAST, F
A DISTANCE OF 151.40 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHERLY ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF
98024'12", SUBTENDED BY A CHORD OF 105.98 FEET AT A BEARING OF SOUTH 12056'10" WEST, FOR A
DISTANeE OF 120.22 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 62008'16" WEST FOR A
DISTANCE OF 75.07 FEET TO THE BEGINNING OF A TANGENTIAL elRCULAR CURVE CONCAVE EAST; THENCE
RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET; THROUGH
A eENTRAL ANGLE OF 93006'13"; SUBTENDED BY A CHORD OF 43.56 FEET AT A BEARING OF SOUTH 15035'09"
WEST, FOR A DISTANeE OF 48.75 FEET TO THE END OF SAID CURVE; THENeE RUN SOUTH 30057'58" EAST
FOR A DISTANCE OF 34.79 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE
SOUTHWEST; THENeE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 80.00 FEET; THROUGH A CENTRAL ANGLE OF 14016'42"; SUBTENDED BY A CHORD OF 19.88 FEET
AT A BEARING OF SOUTH 23049'37" EAST, FOR A DISTANeE OF 19.94 FEET TO THE END OF SAID CURVE;
THENCE RUN SOUTH 84013'14" EAST FOR A DISTANCE OF 158.41 FEET; THENeE RUN SOUTH 80055'24" EAST
FOR A DISTANCE OF 183.78 FEET; THENCE RUN SOUTH 81052'51" EAST FOR A DISTANeE OF 180.90 FEET;
THENCE RUN SOUTH FOR A DISTANeE OF 261.28 FEET; THENeE RUN WEST FOR A DISTANeE OF 394.57 FEET;
THENCE RUN NORTH FOR A DISTANCE OF 271.73 FEET; THENCE RUN NORTH 84013'14" WEST FOR A
DISTANCE OF 120.32 FEET; THENCE RUN SOUTH 33"05'40" WEST FOR A DISTANCE OF 54.13 FEET; THENCE
RUN SOUTH 76056'51" WEST FOR A DISTANCE OF 89.04 FEET; THENeE RUN NORTH 58035'21" WEST FOR A
DISTANCE OF 65.19 FEET; THENCE RUN NORTH 15"31'55" WEST FOR A DISTANCE OF 74.80 FEET; THENCE RUN
NORTH 00041'41" WEST FOR A DISTANeE OF 115.24 FEET; THENeE RUN NORTH 28022'47" EAST FOR A
DISTANeE OF 171.51 FEET; THENCE RUN NORTH 17011'45" WEST FOR A DISTANeE OF 106.79 FEET; THENCE
RUN NORTH 13002'52" EAST FOR A DISTANCE OF 28.51 FEET; THENeE RUN NORTH 73036'14" WEST FOR A
DISTANeE OF 54.78 FEET; THENCE RUN SOUTH 49016'08" WEST FOR A DISTANCE OF 112.78 FEET; THENCE
RUN SOUTH 89047'08" WEST FOR A DISTANCE OF 53.08 FEET; THENCE RUN NORTH 58000'49" WEST FOR A
DISTANCE OF 50.49 FEET; THENCE RUN NORTH 00039'12" WEST FOR A DISTANeE OF 303.48 FEET; THENCIt
RUN NORTH 89020'45" EAST FOR A DISTANeE OF 341.45 FEET; THENCE RUN NORTH 00039'15" WEST FOR
DISTANeE OF 25.00 FEET; THENeE RUN NORTH 69014'15" EAST FOR A DISTANeE OF 258.29 FEET; THENC
RUN NORTH 13026'32" EAST FOR A DISTANCE OF 348.97 FEET; TO A POINT ON A CIRCULAR CURVE CONCAVE
NORTH, WHOSE RADIUS POINT BEARS NORTH 03017'21" EAST, A DISTANCE OF 936.00 FEET THEREFROM;
THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 936.00 FEET,
THROUGH A CENTRAL ANGLE OF 06023'14", SUBTENDED BY A CHORD OF 104.29 FEET AT A BEARING OF
SOUTH 89054'16" EAST, FOR A DISTANCE OF 104.34 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH
86054'07" EAST FOR A DISTANCE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE
CONCAVE NORTHWEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 50.00 FEET; THROUGH A eENTRAL ANGLE OF 86054'07"; SUBTENDED BY A CHORD OF
68.77 FEET AT A BEARING OF NORTH 43027'04" EAST, FOR A DISTANCE OF 75.84 FEET TO THE END OF SAID
CURVE; THENCE RUN NORTH FOR A DISTANCE OF 830.91 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE
NORTHWEST, WHOSE RADIUS POINT BEARS NORTH, A DISTANeE OF 85.00 FEET THEREFROM; THENCE RUN
NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 85.00 FEET,
THROUGH A CENTRAL ANGLE OF 90000'00", SUBTENDED BY A CHORD OF 120.21 FEET AT A BEARING OF
NORTH 45000'00" EAST, FOR A DISTANCE OF 133.52 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH
FOR A DISTANCE OF 224.63 FEET TO THE POINT OF BEGINNING; eONTAINING 35.24 ACRES, MORE OR LESS.
(Check applicable system):
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PACKAGE TREATMENT PLANT
(GPO capacity)
e. SEPTIC SYSTEM
[2J
o
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o
tit
NDBP CPUD Rezone Petition. doc
.
Rev. 1 Agenda Item No. Be
PUDZ-200SEAab8~ 2006
PROJECT #200S\liOcng3
DATE: 4/21/06
Michael DeRuntz
STATEMENT OF UTILITY PROVISION_
FOR PUD REZONE REQUEST
NAME OF APPLICANT (S) COLLIER PUBLISHING COMPANY. INC.. DBA NAPLES DAILY NEWS
ADDRESS 1075 CENTRAL AVENUE CITY NAPLES STATE FLORIDA ZIP 34102
TELEPHONE # 239-435-3405 CELL # FAX #
E-MAIL ADDRESS:
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 1154. 1200 Immokalee Road. and 10500 Tamiami
Tr. N.
SectionITownship/Range S27 rr 48S/R25E
Lot: Block: Subdivision:
Plat Book Page #: Property 1.0. #: 29331190521. 29331190660. 00168040601.
00168042900. 00168042803. and 00168046003
-tes & Bounds Description: A PAReEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27,
~WNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER eOUNTY, FLORIDA, BEING MORE PARTleULARL Y DESCRIBED
AS FOLLOWS:
eOMMENCE AT THE NORTHWEST eORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, eOLLlER
COUNTY, FLORIDA; THENCE RUN SOUTH 00038'43" EAST, ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 27, ALSO BEING THE EAST RIGHT-OF-WAY OF U.S. 41 FOR A DISTANCE OF 125.02
FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENeE RUN NORTH 44038'23" EAST,
ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 34.99 FEET; THENeE RUN SOUTH 89045'00" EAST,
ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 573.45 FEET; THENeE RUN SOUTH 86053'15" EAST,
ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 500.61 FEET; THENeE RUN SOUTH 89045'00" EAST,
ALONG SAID SOUTH RIGHT -OF-WAY FOR A DISTANeE OF 134.22 FEET TO THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN OESeR/BED; THENeE eONTINUE SOUTH 89045'00" EAST FOR A DISTANCE OF 599.23
FEET; THENCE RUN SOUTH 00015'00" WEST FOR A DISTANCE OF 5.00 FEET; THENeE RUN SOUTH 89045'00"
EAST FOR A DISTANCE OF 35.04 FEET; THENCE RUN NORTH 02033'13" WEST FOR A DISTANCE OF 5.01 FEET;
THENCE RUN SOUTH 89045'00" EAST FOR A DISTANeE OF 249.45 FEET; THENeE RUN SOUTH 00025'51" WEST
FOR A DISTANCE OF 107.22 FEET; THENeE RUN SOUTH 60002'56" EAST FOR A DISTANeE OF 117.20 FEET;
THENCE RUN SOUTH 82032'14" EAST FOR A DISTANeE OF 119.17 FEET; THENeE RUN SOUTH 00007'39" EAST
FOR A DISTANCE OF 111.93 FEET; THENeE RUN NORTH 89058'01" WEST FOR A DISTANeE OF 456.64 FEET;
THENCE RUN SOUTH 02019'57" EAST FOR A DISTANCE OF 1,179.69 FEET; THENeE RUN NORTH 72059'03" WEST
FOR A DISTANCE OF 656.88 FEET; THENCE RUN SOUTH 77043'40" WEST FOR A DISTANeE OF 573.75 FEET;
THENCE RUN SOUTH 00039'12" EAST FOR A DISTANCE OF 187.52 FEET; THENeE RUN SOUTH 68035'21" WEST
FOR A DISTANCE OF 110.88 FEET; THENCE RUN SOUTH 57047'59" WEST FOR A DISTANeE OF 46.92 FEET;
THENeE RUN SOUTH 89020'45" WEST FOR A DISTANCE OF 156.34 FEET; THENeE RUN SOUTH 00039'15" EAST
FOR A DISTANCE OF 34.09 FEET TO A POINT ON A elRCULAR CURVE eONCAVE SOUTHWEST, WHOSE RADIUS
POINT BEARS SOUTH 06018'10" WEST, A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN
.6~~Sl~~~JT~~~~Gr~~:~~4~;4~~'8B~~~~~D ~~ r~~cf~~rg-F ~~i~~~ :f~'~~~lf~ci~~O s~~~~
64019'08" EAST, FOR A DISTANeE OF 47.35 FEET TO A POINT ON A elRCULAR eURVE eONCAVE WEST, WHOSE
RADIUS POINT BEARS SOUTH 45003'34" WEST, A DISTANeE OF 197.21 FEET THEREFROM; THENCE RUN
SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 197.21 FEET, THROUGH A
NDBP CPUD Rezone Petition.doc
Agenda Item No. se -
October 24,2006
Page 72 of 273
CENTRAL ANGLE OF 75024'07", SUBTENDED BY A CHORD OF 241.20 FEET AT A BEARING OF SOUTH 07014'23"
_ EAST, FOR A DISTANCE OF 259.53 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EAST, WHOSE RADIUS
POINT BEARS SOUTH 59032'19" EAST, A DISTANCE OF 130.00 FEET THEREFROM; THENCE RUN SOUTHERLY
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 130.00 FEET, THROUGH A CENTRIA
ANGLE OF 66043'37", SUBTENDED BY A CHORD OF 142.99 FEET AT A BEARING OF SOUTH 02054'08" EAST, F~
A DISTANCE OF 151.40 FEET TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHERLY ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET. THROUGH A CENTRAL ANGLE OF
98024'12", SUBTENDED BY A CHORD OF 105.98 FEET AT A BEARING OF SOUTH 12056'10" WEST, FOR A
DISTANCE OF 120.22 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 62008'16" WEST FOR A
DISTANCE OF 75.07 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE EAST; THENeE
RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 30.00 FEET; THROUGH
A CENTRAL ANGLE OF 93006'13"; SUBTENDED BY A CHORD OF 43.56 FEET AT A BEARING OF SOUTH 15035'09"
WEST, FOR A DISTANeE OF 48.75 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 30057'58" EAST
FOR A DISTANCE OF 34.79 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE
SOUTHWEST; THENeE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 80.00 FEET; THROUGH A CENTRAL ANGLE OF 14016'42"; SUBTENDED BY ACHORD OF 19.88 FEET
AT A BEARING OF SOUTH 23049'37' EAST, FOR A DISTANCE OF 19.94 FEET TO THE END OF SAID CURVE;
THENCE RUN SOUTH 84013'14" EAST FOR A DISTANCE OF 158.41 FEET; THENCE RUN SOUTH 80055'24" EAST
FOR A DISTANCE OF 183.78 FEET; THENCE RUN SOUTH 81052'51" EAST FOR A DISTANCE OF 180.90 FEET;
THENeE RUN SOUTH FORA DISTANCE OF 261.28 FEET; THENCE RUN WEST FORA DISTANeE OF 394.57 FEET;
THENCE RUN NORTH FOR A DISTANCE OF 271.73 FEET; THENeE RUN NORTH 84013'14" WEST FOR A
DISTANCE OF 120.32 FEET; THENCE RUN SOUTH 33005'40" WEST FOR A DISTANCE OF 54.13 FEET; THENCE
RUN SOUTH 76056'51" WEST FOR A DISTANeE OF 89.04 FEET; THENCE RUN NORTH 58035'21" WEST FOR A
DISTANeE OF 65.19 FEET; THENeE RUN NORTH 15031'55" WEST FOR A DISTANeE OF 74.80 FEET; THENCE RUN
NORTH 00041'41" WEST FOR A DISTANCE OF 115.24 FEET; THENCE RUN NORTH 28022'47" EAST FOR A
DISTANCE OF 171.51 FEET; THENeE RUN NORTH 17011'45" WEST FOR A DISTANCE OF 106.79 FEET; THENCE
RUN NORTH 13002'52" EAST FOR A DISTANCE OF 28.51 FEET; THENCE RUN NORTH 73036'14" WEST FOR A
DISTANeE OF 54.78 FEET; THENeE RUN SOUTH 49016'08" WEST FOR A DISTANeE OF 112.78 FEET; THENCE
RUN SOUTH 89047'08" WEST FOR A DISTANeE OF 53.08 FEET; THENCE RUN NORTH 58000'49" WEST FOR A
DISTANeE OF 50.49 FEET; THENCE RUN NORTH 00039'12" WEST FOR A DISTANCE OF 303.48 FEET; THENCE
RUN NORTH 89020'45" EAST FOR A DISTANCE OF 341.45 FEET; THENCE RUN NORTH 00039'15" WEST FOR.
DISTANeE OF 25.00 FEET; THENeE RUN NORTH 69014'15" EAST FOR A DISTANeE OF 258.29 FEET; THENC
RUN NORTH 13026'32" EAST FOR A DISTANeE OF 348.97 FEET; TO A POINT ON A CIRCULAR CURVE eONCAVE
NORTH, WHOSE RADIUS POINT BEARS NORTH 03017'21" EAST, A DISTANCE OF 936.00 FEET THEREFROM;
THENCE RUN EASTERLY ALONG THE ARe OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 936.00 FEET,
THROUGH A CENTRAL ANGLE OF 06023'14", SUBTENDED BY A eHORD OF 104.29 FEET AT A BEARING OF
SOUTH 89054'16" EAST, FOR A DISTANCE OF 104.34 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH
86054'07" EAST FOR A DISTANeE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE
CONCAVE NORTHWEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID eURVE TO THE LEFT,
HAVING A RADIUS OF 50.00 FEET; THROUGH A CENTRAL ANGLE OF 86054'07"; SUBTENDED BY A CHORD OF
68.77 FEET AT A BEARING OF NORTH 43027'04" EAST, FOR A DISTANCE OF 75.84 FEET TO THE END OF SAID
CURVE; THENCE RUN NORTH FOR A DISTANeE OF 830.91 FEET TO A POINT ON A elRCULAR CURVE CONCAVE
NORTHWEST, WHOSE RADIUS POINT BEARS NORTH, A DIST ANeE OF 85.00 FEET THEREFROM; THENCE RUN
NORTHEASTERLY ALONG THE ARC OF SAID eURVE TO THE LEFT. HAVING A RADIUS OF 85.00 FEET,
THROUGH A CENTRAL ANGLE OF 90000'00", SUBTENDED BY A CHORD OF 120.21 FEET AT A BEARING OF
NORTH 45000'00" EAST, FOR A DISTANCE OF 133.52 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH
FOR A DISTANCE OF 224.63 FEET TO THE POINT OF BEGINNING; CONTAINING 35.24 ACRES. MORE OR LESS.
(Check applical?le system):
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PACKAGE TREATMENT PLANT
(GPO capacity)
e. SEPTIC SYSTEM
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NDBP CPUD Rezone Petition. doc
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Agenda Item No. se
October 24, 2006
Page 73 of 273
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a. COUNTY UTILITY SYSTEM
b . CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
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STATEMENT OF UTILITY PROVISIONS - page 2
"""~~Rfl'.jii{lI("B;i!ii:~'1ii;B~Ifi'iH>>a&...wnH
1..".~1~"'~:IIl...'a~)
A. WATER-PEAK 55.100 GPD AVERAGE DAILY 27.500 GPD
B. SEWER-PEAK 55.100 GPD AVERAGE DAILY 27.500 GPD
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IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER
SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED
January 2007
'fIllII':HiI..BiljIr~ Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer. N/A. No on site sewaae treatment proposed.
~1l1IJjll~~~IIIIlRl&1BBl1~lIiltlllliflll,fjltt{ 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.
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!Unless waived or
otherwise provided for at the pre-application meeting, if the project is to receive sewer or
potable 'vvater services fiOm any piOvider other than the County, a statement f, urn that provider
indicating that there is adequate capacity to serve the project shall be provided.
NDBP CPUD Rezone Petition.doc
Agenda Item No. se
October 24,2006
Page 74 of 273
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COVENANT OF UNIFIED CONTROL
Ocean Boulevard Partnership II
Agenda Item No. se
Rev 1 October 24,2006
PUDZ-2005-11l28~~3f 273
PROJECT #2005110029
DATE: 4/21/06
Michael DeRuntz
The undersigned do hereby swear or affirm that they are the fee simple titleholders and owners of record of property
commonly known as Folio Number 00168040601. 00168046003 and 00168042803 -1200 Immokalee Road and
10500 Tamiami Trail North
(Street address and City, State and Zip Code)
and legally described in Exhibit A attached hereto.
The property described herein is the subject of an application for planned unit development (PUD) zoning. We
hereby designate O. Gradv Minor and Associates. P.A.. Roetzel and Andress. and Collier Publishine
ComDanv. Ine. dba Naoles Dail" News legal representative thereof, as the legal representatives ofthe property and
as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the
necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents
to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the
site. These representatives will remain the only entity to authorize development activity on the property until such
time as a new or amended covenant of unified control is delivered to Collier County.
.
The undersigned recognize the following and will be guided accordingly in the pursuit of development of the
project:
1. The property will be developed and used in conformity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in connection with the planned unit
development rezoning.
2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards,
and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in
whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by
Collier County.
3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions,
or safeguards provided for in the planned unit development process will constitute a violation of the Land
Development Code.
4. All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity
within the planned unit development must be consistent with those terms and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel
compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the
planne unit d opmen and the County ay op ongoing construction activity until the project is brought
int plia rms, conditio safeguards of the planned unit development.
Owner
Paul J. Marinelli
Printed Name
Printed Name
STATE OF FLORIDA)
COUNTY OF COLLIER) . J' ,
Sworn to (or affirmed) and subscribed before me this ~ day ofly! a/u.l
, 2006 by
'y,4\) L S'. KARl 0 e1.--C(
who is personally known to me or has produced
as identification.
.-' i .,~
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( !~ a iiWV
NotaJ;?' Public U J A C'I W
Cr4~CLy Iv - ~HA
(Name typed, printed or stamped)
()!J~l';) (PC'f
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CAROLYN A. SHAW 1\
MY COMMISSION # DO 215&S~ i
EXPIRES: SentAmhAr?~ ?OO7 ,.
Ilonded nWN*~P;;I~'u.;;;;;;;,~~.U
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Agenda Item No. se
October 24,2006
Page 76 of 273
NAPL.ES DAIL. Y NEWS BPPUD
LEGAL DESCRIPTION
EXHIBIT A
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 25 EAST. COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00038'43" EAST,
ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO
BEING THE EAST RIGHT-OF-WAY OF U.S. 41 FOR A DISTANCE OF 125.02 FEET TO A
POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENeE RUN NORTH
44038'23" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 34.99 FEET;
THENCE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A
DISTANCE OF 573.45 FEET; THENCE RUN SOUTH 86053'15" EAST. ALONG SAID SOUTH
RIGHT-OF-WAY FOR A DISTANCE OF 500.61 FEET; THENCE RUN SOUTH 89045'00" EAST,
ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANCE OF 134.22 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH
89045'00" EAST FOR A DISTANCE OF 599.23 FEET; THENCE RUN SOUTH 00.15'00" WEST
FOR A DISTANeE OF 5.00 FEET; THENCE RUN SOUTH 89045'00" EAST FOR A DISTANeE
OF 35.04 FEET; THENCE RUN NORTH 02033'13" WEST FOR A DISTANeE OF 5.01 FEET;
THENCE RUN SOUTH 89045'00" EAST FOR A DISTANCE OF 249.45 FEET; THENCE RUN
SOUTH 00025'51" WEST FOR A DISTANCE OF 107.22 FEET; THENeE RUN SOUTH 60002'56"
EAST FOR A DISTANCE OF 117.20 FEET; THENCE RUN SOUTH 82032'14" EAST FOR A
DISTANeE OF 119.17 FEET; THENCE RUN SOUTH 00007'39" EAST FOR A DISTANCE OF
111.93 FEET; THENCE RUN NORTH 89058'01" WEST FOR A DISTANCE OF 456.64 FEET;
THENCE RUN SOUTH 02019'57" EAST FOR A DISTANCE OF 1,179.69 FEET; THENeE RUN
NORTH 72059'03" WEST FOR A DISTANCE OF 656.88 FEET; THENeE RUN SOUTH
77043'40" WEST FOR A DISTANCE OF 573.75 FEET; THENCE RUN SOUTH 00039'12" EAST
FOR A DISTANCE OF 187.52 FEET; THENCE RUN SOUTH 68035'21" WEST FOR A
DISTANeE OF 110.88 FEET; THENCE RUN SOUTH 57047'59" WEST FOR A DISTANCE OF
46.92 FEET; THENCE RUN SOUTH 89020'45" WEST FOR A DISTANCE OF 156.34 FEET;
THENCE RUN SOUTH 00039'15" EAST FOR A DISTANCE OF 34.09 FEET TO A POINT ON A
CIReULAR CURVE CONeAVE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH
06018'10" WEST, A DISTANeE OF 70.00 FEET THEREFROM; THENeE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 38045'24", SUBTENDED BY A eHORD
OF 46.45 FEET AT A BEARING OF SOUTH 64019'08" EAST. FOR A DISTANCE OF 47.35
FEET TO A POINT ON A CIRCULAR CURVE CONeAVE WEST, WHOSE RADIUS POINT
BEARS SOUTH 45003'34" WEST, A DISTANeE OF 197.21 FEET THEREFROM; THENeE RUN
SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
197.21 FEET, THROUGH A eENTRAL ANGLE OF 75024'07", SUBTENDED BY A CHORD OF
241.20 FEET AT A BEARING OF SOUTH 07014'23" EAST, FOR A DISTANCE OF 259.53 FEET
TO A POINT ON A CIRCULAR CURVE CONCAVE EAST, WHOSE RADIUS POINT BEARS
SOUTH 59032'19" EAST, A DISTANCE OF 130.00 FEET THEREFROM; THENCE RUN
SOUTHERLY ALONG THE ARC OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF
130.00 FEET. THROUGH A eENTRAL ANGLE OF 66043'37", SUBTENDED BY A eHORD OF
142.99 FEET AT A BEARING OF SOUTH 02054'08" EAST, FOR A DISTANCE OF 151.40 FEET
TO A POINT OF REVERSE eURVATURE; THENCE RUN SOUTHERLY ALONG THE ARe OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL
ANGLE OF 98024'12", SUBTENDED BY A CHORD OF 105.98 FEET AT A BEARING OF
SOUTH 12056'10" WEST, FOR A DISTANCE OF 120.22 FEET TO THE END OF SAID eURVE;
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Agenda Item No. se
October 24,2006
Page 77 of 273
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THENCE RUN SOUTH 62008'16" WEST FOR A DISTANCE OF 75.07 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE EAST; THENCE RUN
SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00
FEET; THROUGH A CENTRAL ANGLE OF 93006'13"; SUBTENDED BY A CHORD OF 43.56
FEET AT A BEARING OF SOUTH 15035'09" WEST, FOR A DISTANCE OF 48.75 FEET TO THE
END OF SAID CURVE; THENCE RUN SOUTH 30057'58. EAST FOR A DISTANCE OF 34.79
FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST;
THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 80.00 FEET; THROUGH A eENTRAL ANGLE OF 14016'42";
SUBTENDED BY A CHORD OF 19.88 FEET AT A BEARING OF SOUTH 23049'37" EAST, FOR
A DISTANCE OF 19.94 FEET TO THE END OF SAID eURVE; THENeE RUN SOUTH 84013'14"
EAST FOR A DISTANCE OF 158.41 FEET; THENCE RUN SOUTH 80055'24" EAST FOR A
DISTANCE OF 183.78 FEET; THENCE RUN SOUTH 81052'51" EAST FOR A DISTANCE OF
180.90 FEET; THENeE RUN SOUTH FOR A DISTANCE OF 261.28 FEET; THENCE RUN
WEST FOR A DISTANeE OF 394.57 FEET; THENCE RUN NORTH FOR A DISTANCE OF
271.73 FEET; THENeE RUN NORTH 84013'14" WEST FOR A DISTANeE OF 120.32 FEET;
THENeE RUN SOUTH 33005'40" WEST FOR A DISTANCE OF 54.13 FEET; THENCE RUN
SOUTH 76056'51" WEST FOR A DISTANeE OF 89.04 FEET; THENCE RUN NORTH 58035'21"
WEST FOR A DISTANCE OF 65.19 FEET; THENCE RUN NORTH 15031'55" WEST FOR A
DISTANCE OF 74.80 FEET; THENeE RUN NORTH 00041'41" WEST FOR A DISTANCE OF
115.24 FEET; THENCE RUN NORTH 28022'47" EAST FOR A DISTANeE OF 171.51 FEET;
THENeE RUN NORTH 17011'45" WEST FOR A DISTANCE OF 106.79 FEET; THENCE RUN
NORTH 13002'52" EAST FOR A DISTANeE OF 28.51 FEET; THENeE RUN NORTH 73036'14"
WEST FOR A DISTANCE OF 54.78 FEET; THENCE RUN SOUTH 49016'08" WEST FOR A
DISTANCE OF 112.78 FEET; THENeE RUN SOUTH 89047'08" WEST FOR A DISTANeE OF
53.08 FEET; THENCE RUN NORTH 58000'49" WEST FOR A DISTANCE OF 50.49 FEET;
THENCE RUN NORTH 00039'12" WEST FOR A DISTANeE OF 303.48 FEET; THENCE RUN
NORTH 89020'45" EAST FOR A DISTANeE OF 341 .45 FEET; THENeE RUN NORTH 00039'15"
WEST FOR A DISTANeE OF 25.00 FEET; THENCE RUN NORTH 69014'15" EAST FOR A
DISTANCE OF 258.29 FEET; THENCE RUN NORTH 13026'32" EAST FOR A DISTANCE OF
348.97 FEET; TO A POINT ON A CIRCULAR CURVE eONCAVE NORTH, WHOSE RADIUS
POINT BEARS NORTH 03017'21" EAST, A DISTANeE OF 936.00 FEET THEREFROM;
THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 936.00 FEET, THROUGH A CENTRAL ANGLE OF 06023'14", SUBTENDED BY A
CHORD OF 104.29 FEET AT A BEARING OF SOUTH 89054'16" EAST, FOR A DISTANCE OF
104.34 FEET TO THE END OF SAID CURVE; THENeE RUN NORTH 86054'07" EAST FOR A
DISTANCE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE
eONeAVE NORTHWEST; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID
eURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET; THROUGH A eENTRAL ANGLE
OF 86054'07"; SUBTENDED BY A eHORD OF 68.77 FEET AT A BEARING OF NORTH
43027'04" EAST, FOR A DISTANeE OF 75.84 FEET TO THE END OF SAID eURVE; THENeE
RUN NORTH FOR A DISTANCE OF 830.91 FEET TO A POINT ON A elRCULAR CURVE
eONeAVE NORTHWEST, WHOSE RADIUS POINT BEARS NORTH, A DISTANeE OF 85.00
FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE
TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A eENTRAL ANGLE OF
90000'00", SUBTENDED BY A CHORD OF 120.21 FEET AT A BEARING OF NORTH 45000'00"
EAST, FOR A DISTANeE OF 133.52 FEET TO THE END OF SAID eURVE; THENCE RUN
NORTH FOR A DISTANeE OF 224.63 FEET TO THE POINT OF BEGINNING; CONTAINING
35.24 AeRES, MORE OR LESS.
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Agenda Item No. se
October 24, 2006
Page 78 of 273
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itNGINEERING
Agenda Item No. se
October 24, 2006
S I 1f@€JEl g~lfJf 273
Rev. 1
PU DZ- 200 5-AR-8833
PROJECT #2005110029
DATE: 4/21/06
Michael DeRuntz
March 15, 2006
Mr. Wayne Arnold
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
Re: Naples Daily News Business Park
Water Management Report
JEI File #20055936
RECEIVED
MAR 1 7 2006
Q. Grady Minor
& Associates. P.A.
Dear Mr. Arnold:
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This letter is submitted to provide a drainage report for the referenced pI:oject This is consistent
with our previous meetings, negotiations and discussions with you, the owner and Collier. County
regarding the project. Please review this report and contact me if you have any comments or
questions..
The proposed rezone application does encompass a portion of Creekside West water
management system and is tied into the Pelican Marsh water management system. The overlap
into the Creekside West water management system, although it includes the property, the
drainage basin boundaries for Creekside West will not change. The ownership, operation and
maintenance of the lake will be transferred over to the new parcel, but the water management
facilities will not change.
The area in the Pelican Marsh water management system has been specifically excluded from
their permit as part of the negotiated agreement between the current property owner and the
Pelican Marsh property owner at the time. This area is specifically excluded from the Pelican
Marsh water management system and is designed to accept off-site discharge into the lake and
then eventually into the adjoining preserve tract Discharge from this area will hydrate this
preserve. These off-site flows into the Pelican Marsh Preserve have been accommodated and
will not cause adverse impact on the Pelican Marsh system.
--
Because the proposed development of this site is routing water into a higher water management
system and eventually into wetland preserves, considerable fill and pretreatment will need to be
done on site before discharge into the lake configuration at the south -end of the property. These
water management and water quality considerations will, be' designed" to' meet. South Florida
Water Management District and Collier County criteria with regard to water quality and
. allowable discharge. Because the receiving body is an impaired water body, the additional water
2350 Stanford Court. Naples, Florida 34112
(239) 434-0333 . Fax (239) 434-9320
.~
"
Agenda Item No. se '
October 24, 2006
. Page 80 of 273
quality treatment will be done on site in a combination of dry pretreatment and other best
management practices. Once the stage and treatment have been done, a separate discharge will
be provided in the northeast comer of the subject site. There is an existing box culvert bypass _
drainage pipe that runs . along the south side of Immokalee Road and discharges into the north -
Naples canal downstream from an existing water control structure. The control elevation at this
location is approximately elevation +4 NGVD, which is considerably lower than the proposed
site elevations.
Based on this information, the existing adjoining lakes and the drainage basins do not exactly
match the property and therefore do not impact the adjoining water management systems, but are
designed to function as a unified water management system without adversely impacting the
neighboring Creekside West, Granada Shoppes or Pelican Marsh drainage systems.
CHRISTOPHER D.
STA
Professiona n'
e
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October 24,2006
Page 82 of 273
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NAPLES DAILY NEWS
A
BUSINESS PARK PLANNED UNIT DEVELOPMENT
PREPARED FOR:
COLLIER PUBLISHING COMPANY, INC.
Naples Daily News
1075 Central Avenue
Naples, FL 34102
PREPARED BY:
Q. GRADY MINOR AND ASSOCIATES, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
(239) 947-1144
(239) 947-0375 (fax)
and
ROETZEL & ANDRESS, L.P.A.
850 Park Shore Drive
Trianon Center, 3rd Floor
(239) 649-2708
(239) 261-3659 (fax)
Naples, FI 34103
DATE FILED
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
EXHIBIT "A"
Naples Daily News BPPUD (Mderuntz 7-6-06)c1ean.doc
Agenda Item No. se
October 24, 2006
Page 84 of 273
Agenda Item No. 8e
October 24,2006
Page 85 of 273
T ABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE iii
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1
GENERAL DESCRIPTION
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III BUSINESS PARK 3-1
SECTION IV PRESERVE 4-1
SECTION V OPEN SPACE 5-1
SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1
Agenda.BCC AG ENDA.26222
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT 0
EXHIBIT E
EXHIBIT F
EXHIBIT G
Agenda.BCCAG ENDA.26222
Agenda Item No. se
October 24, 2006
Page 86 of 273
LIST OF EXHIBITS
NAPLES DAILY NEWS BUSINESS PARK BPPUD MASTER PLAN
BOUNDARY SURVEY
LOCATION MAP
DEVIATIONS
CONCEPTUAL PARK / PARKLET PLAN
CONCEPTUAL WATER MANAGEMENT PLAN
WATER MANAGEMENT MEMORANDUM
ii
Agenda Item No. se
October 24, 2006
Page 87 of 273
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Collier County Publishing Company
dba Naples Daily News and Ocean Boulevard Partnership and Ocean Boulevard
Partnership II, hereinafter referred to as the Developer, to create a Business Park Planned
Unit Development (BPPUD) on 35:t acres of land located in Section 27, Township 48
South, Range 25 East, Collier County, Florida. The name of this Business Planned Unit
Development (BPPUD) shall be Naples Daily News BPPUD. The development of the
Naples Daily News BPPUD will be in compliance with the planning goals and objectives of
Collier County as set forth in the Growth Management Plan, Business Park Subdistrict.
The development will be consistent with the growth policies and land development
regulations adopted there under of the Growth Management Plan Future Land Use
Element and other applicable regulations for the following reasons:
1. The subject property is within the Urban Mixed Use District, Urban Residential
Subdistrict as identified on the Future Land Use Map of the Future Land Use
Element (FLUE). The purpose of the Urban Mixed Use District, Urban Residential
Subdistrict is to provide for a variety of residential and non-residential developments
such as Planned Unit Developments. Pursuant to the FLUE, Business Parks are
allowed as a Subdistrict in an Urban-Mixed Use District.
2. The Naples Daily News BPPUD is compatible with and complementary to existing
and future surrounding land uses as required in Policy 5.4 of the FLUE. The project
lies between developed industrial and commercial planned developments, and the
uses, development standards, buffers and open spaces are compatible with
neighboring properties.
3. Improvements will be in compliance with all applicable land development
regulations.
4. The development of the Naples Daily News BPPUD will result in an efficient and
economical extension of community facilities and services.
5. The Naples Daily News BPPUD complies with the location and development
criteria for business parks as found in the Business Park Subdistrict of the Future
Land Use Element of the Collier County Growth Management Plan.
6. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance.
7. The Naples Daily News BPPUD is in compliance with Objective 7 and its
implementing policies of the Future Land Use Element, in that interconnections to
surrounding development have been provided for vehicular and pedestrian access.
The conceptual location of the interconnection(s) have been shown on the
conceptual master plan.
Agenda.BCC AG END A.26222
iii
Agenda Item No. se
October 24,2006
Page S8 of 273
8. Access to the Naples Daily News BPPUD is presently provided to Immokalee Road
(via Creekside Way), an arterial roadway and to Creekside Boulevard.
Agenda.BCC AGENDA.26222
iv
Agenda Item No. 8e
October 24,2006
Page 89 of 273
SHORT TITLE
This ordinance shall be known and cited as the "NAPLES DAILY NEWS BUSINESS
PARK PLANNED UNIT DEVELOPMENT ORDINANCE".
Agenda.BCCAG END A.26222
v
Agenda Item No. se
October 24, 2006
Page 90 of 273
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the
Naples Daily News BPPUD, and to describe the existing condition of the property
proposed to be developed.
1.2 LEGAL DESCRIPTION
A PAReEL OF LAND LOeATED IN THE NORTHWEST QUARTER OF SEeTION 27,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, eOLLlER eOUNTY, FLORIDA, BEING MORE
PARTleULARL Y DEseRIBED AS FOLLOWS:
eOMMENeE AT THE NORTHWEST eORNER OF SEeTION 27, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, eOLLlER eOUNTY, FLORIDA; THE NeE RUN SOUTH 00038'43" EAST,
ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SEeTION 27, ALSO
BEING THE EAST RIGHT-OF-WAY OF U.S. 41 FOR A DISTANeE OF 125.02 FEET TO A
POINT ON THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENeE RUN NORTH
44038'23" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 34.99 FEET;
THENeE RUN SOUTH 89045'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY FOR A
DISTANeE OF 573.45 FEET; THENeE RUN SOUTH 86053'15" EAST, ALONG SAID SOUTH
RIGHT-OF-WAY FOR A DISTANeE OF 500.61 FEET; THENeE RUN SOUTH 89045'00" EAST,
ALONG SAID SOUTH RIGHT-OF-WAY FOR A DISTANeE OF 134.22 FEET TO THE POINT OF
BEGINNING OF THE PAReEL OF LAND HEREIN DEseRIBED; THENeE eONTINUE SOUTH
89045'00" EAST FOR A DISTANeE OF 599.23 FEET; THENeE RUN SOUTH 00015'00" WEST
FOR A DISTANeE OF 5.00 FEET; THENeE RUN SOUTH 89045'00" EAST FOR A DISTANeE
OF 35.04 FEET; THENeE RUN NORTH 02033'13" WEST FOR A DISTANeE OF 5.01 FEET;
THENeE RUN SOUTH 89045'00" EAST FOR A DISTANeE OF 249.45 FEET; THENeE RUN
SOUTH 00025'51" WEST FOR A DISTANeE OF 107.22 FEET; THE NeE RUN SOUTH 60002'56"
EAST FOR A DISTANeE OF 117.20 FEET; THE NeE RUN SOUTH 82032'14" EAST FOR A
DISTANeE OF 119.17 FEET; THENeE RUN SOUTH 00007'39" EAST FOR A DISTANeE OF
111.93 FEET; THE NeE RUN NORTH 89058'01" WEST FOR A DISTANeE OF 456.64 FEET;
THENeE RUN SOUTH 02019'57" EAST FOR A DISTANeE OF 1,179.69 FEET; THENeE RUN
NORTH 72059'03" WEST FOR A DISTANeE OF 656.88 FEET; THENeE RUN SOUTH
7r43'40" WEST FOR A DISTANeE OF 573.75 FEET; THENeE RUN SOUTH 00039'12" EAST
FOR A DISTANeE OF 187.52 FEET; THENeE RUN SOUTH 68035'21" WEST FOR A
DISTANeE OF 110.88 FEET; THENeE RUN SOUTH 5r47'59" WEST FOR A DISTANeE OF
46.92 FEET; THENeE RUN SOUTH 89020'45" WEST FOR A DISTANeE OF 156.34 FEET;
THENeE RUN SOUTH 00039'15" EAST FOR A DISTANeE OF 34.09 FEET TO A POINT ON A
elReULAR eURVE eONeAVE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH
06018'10" WEST, A DISTANeE OF 70.00 FEET THEREFROM; THENeE RUN
SOUTHEASTERLY ALONG THE ARe OF SAID eURVE TO THE RIGHT, HAVING A RADIUS
OF 70.00 FEET, THROUGH A eENTRAL ANGLE OF 38045'24", SUBTENDED BY A eHORD
OF 46.45 FEET AT A BEARING OF SOUTH 64019'08" EAST, FOR A DISTANeE OF 47.35
FEET TO A POINT ON A elReULAR eURVE eONeAVE WEST, WHOSE RADIUS POINT
BEARS SOUTH 45003'34" WEST, A DISTANeE OF 197.21 FEET THEREFROM; THENeE RUN
SOUTHERLY ALONG THE ARe OF SAID eURVE TO THE RIGHT, HAVING A RADIUS OF
197.21 FEET, THROUGH A eENTRAL ANGLE OF 75024'07", SUBTENDED BY A eHORD OF
241.20 FEET AT A BEARING OF SOUTH or14'23" EAST, FOR A DISTANeE OF 259.53 FEET
TO A POINT ON A CIRCULAR eURVE eON eAVE EAST, WHOSE RAD!US POINT BEARS
Agenda.BCC AG END A.26222
1-1
Agenda Item No. 8e
October 24, 2006
Page 91 of 273
SOUTH 59032'19" EAST, A DISTANeE OF 130.00 FEET THEREFROM; THENeE RUN
SOUTHERL Y ALONG THE ARe OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF
130.00 FEET, THROUGH A eENTRAL ANGLE OF 66043'37", SUBTENDED BY A eHORD OF
142.99 FEET AT A BEARING OF SOUTH 02054'08" EAST, FOR A DISTANeE OF 151.40 FEET
TO A POINT OF REVERSE eURVATURE; THENeE RUN SOUTHERLY ALONG THE ARe OF
SAID eURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A eENTRAL
ANGLE OF 98024'12", SUBTENDED BY A eHORD OF 105.98 FEET AT A BEARING OF
SOUTH 12056'10" WEST, FOR A DISTANeE OF 120.22 FEET TO THE END OF SAID eURVE;
THENeE RUN SOUTH 62008'16" WEST FOR A DISTANeE OF 75.07 FEET TO THE
BEGINNING OF A TANGENTIAL elReULAR eURVE eONeAVE EAST; THENeE RUN
SOUTHERLY ALONG THE ARe OF SAID eURVE TO THE LEFT, HAVING A RADIUS OF 30.00
FEET; THROUGH A eENTRAL ANGLE OF 93006'13"; SUBTENDED BY A eHORD OF 43.56
FEET AT A BEARING OF SOUTH 15035'09" WEST, FOR A DIST ANeE OF 48.75 FEET TO THE
END OF SAID eURVE; THENeE RUN SOUTH 30057'58" EAST FOR A DISTANeE OF 34.79
FEET TO THE BEGINNING OF A TANGENTIAL elReULAR eURVE eONeAVE SOUTHWEST;
THENeE RUN SOUTHEASTERLY ALONG THE ARe OF SAID eURVE TO THE RIGHT,
HAVING A RADIUS OF 80.00 FEET; THROUGH A eENTRAL ANGLE OF 14016'42";
SUBTENDED BY A eHORD OF 19.88 FEET AT A BEARING OF SOUTH 23049'37" EAST, FOR
A DISTANeE OF 19.94 FEET TO THE END OF SAID eURVE; THENeE RUN SOUTH 84013'14"
EAST FOR A DISTANeE OF 158.41 FEET; THENeE RUN SOUTH 80055'24" EAST FOR A
DISTANeE OF 183.78 FEET; THENeE RUN SOUTH 81052'51" EAST FOR A DISTANeE OF
180.90 FEET; THENeE RUN SOUTH FOR A DISTANeE OF 261.28 FEET; THE NeE RUN
WEST FOR A DISTANeE OF 394.57 FEET; THENeE RUN NORTH FOR A DISTANeE OF
271.73 FEET; THENeE RUN NORTH 84013'14" WEST FOR A DISTANeE OF 120.32 FEET;
THENeE RUN SOUTH 33005'40" WEST FOR A DISTANeE OF 54.13 FEET; THENeE RUN
SOUTH 76056'51" WEST FOR A DIST ANeE OF 89.04 FEET; THENeE RUN NORTH 58035'21"
WEST FOR A DISTANeE OF 65.19 FEET; THENeE RUN NORTH 15031'55" WEST FOR A
DISTANeE OF 74.80 FEET; THENeE RUN NORTH 00041'41" WEST FOR A DISTANeE OF
115.24 FEET; THENeE RUN NORTH 28022'47" EAST FOR A DISTANeE OF 171.51 FEET;
THENeE RUN NORTH 1r11'45" WEST FOR A DISTANeE OF 106.79 FEET; THENeE RUN
NORTH 13002'52" EAST FOR A DISTANeE OF 28.51 FEET; THENeE RUN NORTH 73036'14"
WEST FOR A DISTANeE OF 54.78 FEET; THENeE RUN SOUTH 49016'08" WEST FOR A
DISTANeE OF 112.78 FEET; THE NeE RUN SOUTH 89047'08" WEST FOR A DISTANeE OF
53.08 FEET; THENeE RUN NORTH 58000'49" WEST FOR A DISTANeE OF 50.49 FEET;
THENeE RUN NORTH 00039'12" WEST FOR A DISTANeE OF 303.48 FEET; THENeE RUN
NORTH 89020'45" EAST FOR A DISTANeE OF 341.45 FEET; THENeE RUN NORTH 00039'15"
WEST FOR A DIST ANeE OF 25.00 FEET; THENeE RUN NORTH 69014'15" EAST FOR A
DISTANeE OF 258.29 FEET; THENeE RUN NORTH 13026'32" EAST FOR A DISTANeE OF
348.97 FEET; TO A POINT ON A elReULAR eURVE eONeAVE NORTH, WHOSE RADIUS
POINT BEARS NORTH 03017'21" EAST, A DISTANeE OF 936.00 FEET THEREFROM;
THENeE RUN EASTERLY ALONG THE ARe OF SAID eURVE TO THE LEFT, HAVING A
RADIUS OF 936.00 FEET, THROUGH A eENTRAL ANGLE OF 06023'14", SUBTENDED BY A
eHORD OF 104.29 FEET AT A BEARING OF SOUTH 89054'16" EAST, FOR A DISTANeE OF
104.34 FEET TO THE END OF SAID eURVE; THENeE RUN NORTH 86054'07" EAST FOR A
DISTANeE OF 258.32 FEET TO THE BEGINNING OF A TANGENTIAL elReULAR eURVE
eONeAVE NORTHWEST; THENeE RUN NORTHEASTERLY ALONG THE ARe OF SAID
eURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET; THROUGH A eENTRAL ANGLE
OF 86054'07"; SUBTENDED BY A eHORD OF 68.77 FEET AT A BEARING OF NORTH
43027'04" EAST, FOR A DISTANeE OF 75.84 FEET TO THE END OF SAID eURVE; THENeE
RUN NORTH FOR A DISTANeE OF 830.91 FEET TO A POINT ON A elReULAR eURVE
eONeAVE NORTHWEST, WHOSE RADIUS POINT BEARS NORTH, A DISTANeE OF 85.00
FEET THEREFROM; THENeE RUN NORTHEASTERLY ALONG THE ARe OF SAID eURVE
TO THE LEFT, HAVING A RADIUS OF 85.00 FEET, THROUGH A eENTRAL ANGLE OF
90000'00", SUBTENDED BY A eHORD OF 120.21 FEET AT A BEARING OF NORTH 45000'00"
EAST, FOR A DISTANeE OF 133.52 FEET TO THE END OF SAID eURVE; THENeE RUN
Agenda.BCCAG ENDA.26222
1-2
Agenda Item No. se
October 24, 2006
Page 92 of 273
NORTH FOR A DISTANeE OF 224.63 FEET TO THE POINT OF BEGINNING; eONTAINING
35.24 AeRES, MORE OR LESS.
1.3 PROPERTY OWNERSHIP
Folio #'s 29331190521 and 29331190660
Creekside Commerce Park Property Owners Association, Inc.
2600 Golden Gate Parkway
Naples, Florida 34105
Folio #'s 00168040601 and 00168046003
Ocean Boulevard Partnership II
2600 Golden Gate Parkway
Naples, Florida 34105
Folio #'s 00168042900
Ocean Boulevard Partnership
2600 Golden Gate Parkway
Naples, Florida 34105
Folio #'s 00168042803
Ocean Boulevard Partnership II
Ocean Boulevard Partnership
2600 Golden Gate Parkway
Naples, Florida 34105
Contract Purchaser:
Folio #'s 00168040601, 001680429000, 00168042803, and 00168046003
Collier Publishing Company, Inc.
dba Naples Daily News
1075 Central Avenue
Naples, Florida 34102
1.4 GENERAL AND PHYSICAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 27, Township 48 South, Range 25
East. The site is bordered on the north by Immokalee Road, on the south by
Pelican Marsh PUD/DRI, on the east by the Creekside Commerce Park
PUD and Pelican Marsh PUD/DRI, and the west by Pelican Marsh PUD/DRI
and Granada Shoppes PUD.
B. The zoning classification of the subject property at the time of BPPUD
application was A, Rural Agriculture, and Creekside Commerce Park PUD.
Agenda.Bee AGENDA.26222
1-3
Agenda Item No. se
October 24, 2006
Page 93 of 273
C. Elevations within the site are approximately 8' above MSL, per FEMA Firm
Map Panel No. 120067 193 D, dated June 3, 1986. The property is located
within flood zone AE (11).
D. A majority of the site has been altered due to ongoing agricultural
operations. A portion of the site lying adjacent to Pelican Marsh does
contain native vegetation which is to be retained and designated as a
preserve area on the conceptual master plan.
E. The soil types on the site generally include Myakka and Satellite Fine Sand
and Halopaw and Okeelanta depressional soils. This information was
derived from the Soil Survey of Collier County Area, Florida, 1998.
F. The project site is located within the Collier County Water Management
District Pine Ridge Canal Basin.
G. Industrial, light industrial and accessory uses shall be permitted within
Business Park designated portions of the project.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the
Naples Daily News BPPUD, and to identify relationships to applicable County
ordinances, policies, and procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Naples Daily News BPPU D will be developed as a business park
providing for industrial and light industrial uses including but not limited to
multi-media publishing, printing, broadcasting and other communication and
information technologies, and mediums and accessory uses, consistent with
the Business Park Sub-district of the Urban Mixed Use District of the Future
Land Use Element of the Collier County Growth Management Plan as set
forth more specifically in Section 3.3 of this BPPUD.
B. The Master Plan is illustrated graphically on Exhibit "A". A Land Use
Summary indicating approximate land use acreages is shown on the plan.
The master plan is conceptual, and the location, size, and configuration of
individual tracts and access to tracts shall be determined at the time of final
site development plan and/or preliminary subdivision plat approval with
minor adjustments at the time of final plat approval.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of the Naples Daily News BPPUD shall be in
accordance with the contents of this BPPUD Ordinance and applicable
sections of the Collier County Land Development Code ("LDG") and the
Collier County Growth Management Plan which are in effect at the time of
issuance of any development order to which said regulations relate. Where
this BPPUD Ordinance does not provide developmental standards, then the
provisions of the specific section of the LDC that is otherwise applicable
shall apply. The regulations of the LDC shall apply to this BPPUD zoning
district except as follows:
1. Where a deviation or deviations from the provisions of the LDC have
been requested as part of the application for PUD zoning and
approved by the Board of County Commissioners (BCC).
2. Where a substitution or substitutions to a design standard or
standards have been or will be requested by the applicant pursuant to
the LDC.
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3. Where the land uses and development standards which include but
are not limited to setbacks, height requirements, minimum lot area,
are set forth as a part of this BPPUD Document.
4. Where there are standards set forth within this BPPUO Document
that are more strict than the standards set forth in the LOC.
5. Where there are standards set forth in this BPPUD Document not
addressed by the LOC
B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the
LOC in effect at the time of development order application.
C. Development permitted by the approval of this BPPUD will be subject to the
Adequate Public Facilities Ordinance, Ordinance Number 04-08.
D. All conditions imposed and all graphic material presented depicting
restrictions for the development of the Naples Oaily News BPPUD shall
become part of the regulations which govern the manner in which the
BPPUO site may be developed.
2.4 OEVIA TIONS
A. A deviation from LOC, Section 4.06.02.C.5 requirement to construct a
twenty-five foot (25') wide landscape buffer along Immokalee Road to
provide a twenty-five foot (25') wide landscape buffer, without a six foot (6')
high wall, berm or wall and berm combination.
B. A deviation from LOC Section 4.02.13.G and Section 4.06.02.C.5, which
requires a business park to provide a 25' wide landscape buffer around the
entire boundary of a business park, to permit the following buffers:
1. East - 25' wide buffer adjacent Creekside Commerce Park, without a
wall or berm.
2. West - 25' wide buffer adjacent to Granada Shoppes PUO, without a
wall or berm.
3. South - the 25' wide existing buffer and berm adjacent to the Pelican
Marsh PUO shall be maintained for that portion of the Naples Daily
News BPPUO located west and south of the existing berm and
designated as open space, preserve, or lake area and supplemental
plantings shall be consistent with Section 2.9.0.
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C. A deviation from LDC Section 4.06.02.A.3, Buffer Requirements.
A request to permit required landscape buffers and signs within recorded
water and wastewater easements consistent with grant of easement
restrictions as recorded in O.R. Book 2712, Pages 0624 - 0626, and O.R.
Book 2712, Pages 0610 - 0612.
2.5 ROADWAYS
A Roadways within the Naples Daily News BPPUD may be public or private.
Standards for roads and driveways shall be in compliance with the
applicable provisions of the LDC regulating subdivisions, unless othelWise
modified, waived or excepted by this PUD or approved during preliminary
subdivision plat approval or site development plan approval. The Developer
reserves the right to request substitutions to Code design standards in
accordance the LDC or Code of Laws and Ordinances.
2.6 USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way or access easements for
landscaping, decorative entrance ways, and signage purposes shall be allowed
subject to review and administrative approval by the Collier County Manager or his
designee taking into account engineering and safety considerations during the
development review process and prior to any installations.
2.7 CHANGES AND AMENDMENTS TO BPPUD DOCUMENT OR BPPUD MASTER
PLAN
Changes and amendments may be made to this BPPUD Ordinance, BPPUD
Master Plan as provided in Chapter 10 of the LDC.
2.8 COMMON AREA MAINTENANCE
Provisions for the perpetual maintenance of common facilities and open spaces will
be provided by a Property Owner's Association or similar entity, as set forth in the
LDC.
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2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal
use throughout the Naples Daily News BPPUD. The following standards shall
apply:
A. Landscape berms shall have the following maximum side slopes:
i) Ground covered berms 3:1
ii) Rip-Rap berms 2: 1
iii) Structural walled berms
B. Landscape buffers, berms, fences and walls may be constructed along the
perimeter of the Naples Daily News Business Park BPPUD boundary prior
to preliminary subdivision plat and site development plan submittal.
C. In order to minimize the visibility of loading and vehicular service areas on
the western side of the Naples Daily News Business Park PUD, the
applicant, at the time of SDP submittal, will provide vegetative or physical
screening at strategic locations. The screening may include appropriate
buffer treatments, as well as, specific vegetative or physical screening
located in close proximity to the service areas as methods to reduce
visibility from adjacent property.
D. The Developer will supplement the existing ficus hedge which presently
serves as a buffer between the proposed BPPUD and the Bay Colony
Development with 80 live oak trees 12 feet high with a minimum spread of
6 feet at the time of planting. Additionally these oak trees will be
supplemented with ficus trees, to the extent the County will allow the use
of ficus trees, to create an opaque buffer. The Developer agrees to work
with the Bay Colony Property Owners' Association to gain County
approval for the use of the ficus trees. The supplementary oak and ficus
trees will be located in the buffer area at field selected locations between
the Creekside PUD on the east and the point on the west where the buffer
turns south. This distance is approximately 1,100 feet.
In the event that the ficus hedge is damaged by a windstorm to the extent
of a reduction in the opaque value of 50% or more, the Developer agrees
to replace or reset, whichever is appropriate, any of the 80 live oak trees
installed above and install or reset the ficus trees as necessary to restore
the buffer as close to its prestorm condition as reasonably possible
considering the availability of tree materials at the time of the restoration.
E. The southerly portion of Parcel A shall be heavily planted with trees and
shrubs to create the needed park-like setting to buffer the noise and odor
impacts from printing activities.
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F. The Developer shall provide an additional thirty (30) percent of the minimum
LDC required trees along the north perimeter buffer. This buffer area
percent shall consist of tall native species whose height will help to block the
northern view of the 75 foot tall industrial building.
2.10 DESIGN GUIDELINES AND STANDARDS
A. The Collier County Planned Unit Development District is intended to
encourage ingenuity, innovation and imagination in the planning, design and
development or redevelopment of land under unified ownership or control,
as set forth in of the LDC.
B. The Naples Daily News Business Park BPPUD is a planned community and
will be developed under unified control. The Developer will establish
approved design guidelines and standards for business services,
commercial uses, and related community features and facilities, which
include features and facilities such as landscaping, signage, lighting,
pedestrian systems, fences, buffers, and other similar facilities.
C. All business park land uses shall be subject to Chapter 5 of the LDC, as
applicable, except where a deviation was approved. For purposes of this
BPPUD, any building fac;ade facing the required extension of Creekside Way
shall not be considered a primary fac;ade.
D. Please refer to Section 3.4.C.6 of the BPPUD for additional building design
standards.
2.11 SUBDIVISION PLAT I SOP PHASING
Submission, review, and approval of preliminary or final subdivision plats or site
development plans for the project may be accomplished in phases to correspond
with the planned development of the property.
2.12 GENERAL PERMITTED USES
Certain uses listed below shall be considered general permitted uses throughout
the Naples Daily News BPPUD, except where in conflict with any conservation
easement. General permitted uses are those uses which generally serve the
Developer and residents of the Naples Daily News BPPUD and are typically part of
the common infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under LDC, Chapter 2.
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2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads, bridges, or other architectural
or structural bank treatments.
4. Community recreational facilities.
5. Temporary construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including the necessary access ways, parking areas and related uses
to serve such offices.
6. Landscape features including, but not limited to, landscape buffers,
berms, fences and walls subject to the standards set forth in Section
2.9 of this BPPUD.
7. Directional and informational signage, real estate signs, or project
monument signage
8. Any other use which is comparable in nature with the foregoing list
of permitted principal uses, as determined by the Board of Zoning
Appeals (BZA).
B. Development Standards:
Unless otherwise set forth in this Document, the following development
standards shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - Ten
feet (10'), except for signage located within medians.
2. Setback from BPPUD boundary: Fifteen feet (15'), except that
signage shall be in compliance with the LDC or as specified in the
Naples Daily News BPPUD.
3. Minimum distance between unrelated structures - Fifteen feet (15').
4. Setback from lake/water management area: Twenty feet (20').
5. Maximum height of structures - Thirty-five feet (35') as measured
from required minimum flood elevation.
6. Standards for parking, landscaping, signs and other land uses where
such standards are not specified herein are to be in accordance with
LDC in effect at the time of site development plan approval.
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2.13 OPEN SPACE REQUIREMENTS
The LDC requires that business park projects maintain open space at a minimum of
30% of the project area. The project will be designed in accordance with this
standard and open space areas shall be shown on the site development plan
and/or subdivision plat, whichever may be required. The 30% open space
requirement shall be applicable to the BPPUD, and is not required to be met on
individual development parcels.
2.14 SIGNAGE
A. GENERAL
1. All Collier County sign regulations in force at the time of sign permit
application shall apply unless approved as deviations in Section 2.3
of this BPPUD.
2. Signs shall be permitted in private rights-of-way and within buffer,
utility and drainage easements.
3. All signs shall be located so as not to cause sight line obstructions.
4. All internal project rights-of-way, drive aisles, or access easements
may be utilized for decorative landscaped entrance features and
signage subject to review and approval from the County Manager
of his designee for consistency with the requirements set forth
herein.
B. TRAFFIC SIGNS
1. Traffic signs such as street signs, stop signs and speed limit signs
may be designed to reflect a common architectural theme. The
placement and size of the signs shall be in accordance with DOT
criteria.
2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS
A. The Developer reserves the right to request substitutions to subdivision
improvement and utility design standards in accordance with the LDC.
B. Roadways within the Naples Daily News BPPUD shall be designed and
constructed in accordance with the LDC with the following substitutions:
6.06.02; Streets and access improvements
1. Section 6.06.02; Sidewalks, bike lanes and bike paths.
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Creekside Boulevard is an existing roadway and has been
constructed with a 5 foot wide sidewalk on one side of the roadway.
Creekside Way will serve as the primary project access to Immokalee
Road and this roadway has been constructed with a sidewalk on one
side of the roadway prior to approval of the Naples Daily News
BPPUD. The Developer shall provide internal pedestrian
connections to the existing pedestrian network; however, the
Developer shall not be required to retrofit existing roadways to
include additional sidewalks. The Developer shall be permitted to
make payment in-lieu of construction of the sidewalks.
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SECTION III
BUSINESS PARK
"BP"
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for development areas within the Naples Daily News BPPUD.
3.2 GENERAL DESCRIPTION
The approximate acreage of the business park is indicated on the Master Plan.
This acreage is based on conceptual designs and is approximate. Actual acreages
of all development tracts will be provided at the time of site development plan or
preliminary subdivision plat approvals in accordance with the LDC. A maximum of
400,000 square feet of Business Park light industrial uses as listed below in Section
3.3 shall be permitted within the PUD.
3.3 PERMITTED USES AND STRUCTURES
A. Permitted primary uses (Parcel A).
Parcel A of the Naples Daily News BPPUD district acreage is allowed to
be developed with the following uses (where numbers follow in
parentheses, the uses are based on the 1987 SIC Manual):
1. Communications (groups 4812-4899, including only rooftop or
ground mounted communication towers and subject to Section
5.05.09 of the LDC.)
2. Motion picture production (groups 7812-7819)
3. Printing, publishing and allied industries (groups 2711-2796)
4. Publishing, telecommunications, motion picture and video,
broadcasting, internet publishing industries and other information
services.
5. Advertising and direct mailers and photography, including mailing,
distribution, collation, insertion of products in newspaper, non-
newspaper products and containers and outside publications.
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6. Information management and software.
7. Independent artists, writers and performers.
8. Printing and business support services.
9. Newsdealers and newsstands.
10. All forms of multi-media uses including but not limited to publishing,
marketing, distributing, broadcasting, film production, software,
internet, intranet, video, communication and information
technologies and mediums now existing or subsequently created,
adapted or discovered; it being the intent that such future
technologies and mediums be deemed "Permitted Uses".
11. Any other use which is comparable in nature with the foregoing list
of permitted principal uses, as determined by the Board of Zoning
Appeals (BZA).
B. Permitted primary uses (Parcel B).
Parcel B of the Naples Daily News BPPUD district acreage is allowed to
be developed with the following uses (where numbers follow in
parentheses, the uses are based on the 1987 SIC Manual):
1. All uses permitted on Parcel A
2. Aircraft parts and auxiliary equipment (group3728)
3. Apparel and other finished products (groups 2311-2399)
4. Building contractors (groups 1521-1542), except for general
contractors for mobile home repair on site, modular housing and
premanufactured housing assembled on site, dry cleaning plant
construction, paper pulp mill construction, and truck and automobile
assembly plant construction.
5. Construction: Special trade contractors (groups 1711-1799 except
for boiler erection and installation contractors; fuel oil burner
installation and servicing contractors; gasoline hookup contractors;
sewer hookups and connection for buildings contractors; epoxy
application contractors; fireproofing buildings contractors; gasoline
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pump installation contractors; lead burning contractors; and mobile
home site setup and tie down contractors)
6. Electronics and other electrical equipment manufacturing (groups
3612,3613,3624,3625, 3631,3641-3676,3678,3679,3694,3695,
3699, except for airport lighting transformers, autotransformers,
electric (power transformers) distribution transformers, electric;
electric furnace transformers; lighting transformers, street and airport;
transformers, reactor; atom smashers (particle accelerators; electron
beam metal cutting, forming, and welding machines; electron linear
accelerators; electrostatic particle accelerators))
7. Furniture and fixtures manufacturing (groups 2511 -2599)
8. Industrial and commercial machinery and computer equipment
(groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599
except for bronzing and dusting machines for printing trades; foundry
type for printing; presses, printing - slugs printers'; ammunition and
explosives loading machinery; brick making machines; cement
making machinery; chemical kilns; control rod drive mechanisms for
use on nuclear reactors; foundry machinery and equipment; frame
straighteners, automotive (garage equipment); fur sewing machines;
ginning machines, cotton; metal finishing equipment for plating,
except rolling mill lines; metal pickling equipment, except rolling mill
lines)
9. Leather and leather products (groups 3131-3199)
10. Measuring, analyzing, and controlling instruments; photographic,
medical and optical goods; watches and clocks manufacturing
(groups 3812-3843,3845-3873)
11. Medical laboratories and research and rehabilitative centers
(groups 8071-8092,8099)
12. Miscellaneous manufacturing industries (groups 3911-3999 except
for dressing of furs: bleaching, blending, curring, scraping, and
tanning; feathers: curling, dyeing, and renovating - for the trade; fur
stripping; furs dressed: bleached, curried, scraped, tanned, and dyed;
pelts: scraping, curring, tanning, bleaching and dyeing; plumes,
feather; tear gas devices and equipment; veils made of hair)
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13. Paper and allied products (groups 2652-2657, 2673-2679)
14. Plastic materials and synthetics (groups 2833,2834)
15. Printing, publishing and allied Industries (groups 2711-2791)
16. Rubber and miscellaneous plastic products (groups 3021, 3085,
3086,3088,3089)
17. Transportation equipment (group 3732, except for boats, fiberglass:
building and repairing; boats: motorboats, sailboats, rowboats, and
canoes - building and repairing; houseboats, building and repairing;
motorboats, inboard and outboard: building and repairing)
18. Wholesale trade - durable goods (groups 5021-5031, 5043-5049,
5063-5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-
wholesale; lumber: rough, dressed, and finished-wholesale; batteries,
except automotive-wholesale; storage batteries, industrial-wholesale;
unit substations-wholesale; boilers, power: industrial-wholesale;
boilers, steam and hot water heating-wholesale; burners, fuel oil and
distillate oil-wholesale; oil burners-wholesale)
19. Wholesale trade-nondurable goods (groups 5111-5143, 5145, 5147-
5149, 5192, 5199 except for cats-wholesale; charcoal-wholesale;
dogs-wholesale; fish, tropical-wholesale; furs, dressed-wholesale;
greases, animal and vegetable-wholesale; ice, manufactured or
natural-wholesale, leather and cut stock-wholesale; linseed oil-
wholesale; oils, except cooking: animal and vegetable-wholesale;
oilseed cake and meal-wholesale; rubber, crude-wholesale; sawdust-
wholesale; vegetable cake and meal-wholesale; wigs-wholesale;
worms-wholesale)
C. Uses accessory to permitted uses:
1. Uses and structures that are accessory and incidental to uses
permitted as of right in the PUD, including but not limited to
storage, warehousing, distribution of paper, ink, printing chemicals,
aluminum and other plates, and other materials and products used
or useful in connection with permitted uses.
2. Caretaker's residence, subject to Section 5.03.05 of the LOC.
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3. Eating places, including coffee shops. No alcoholic beverage sales
shall be permitted.
4. For business park uses, retail sales and/or display areas as
accessory to the principal use shall not to exceed an area greater
than 20 percent of the gross floor area of the permitted principal
use and is further subject to retail standards for landscaping,
parking and open space.
5. Other comparable uses not specified as deemed appropriate by the
Board of Zoning Appeals.
3.4 Building Development Standards
A. Minimum buildable area: 20,000 square feet.
B. Minimum buildable lot width: 100 feet.
C. Minimum yard requirements for principal and accessory structures:
1.
Front yard:
a. Immokalee Road:
b. Internal roads:
Fifty feet (50')
Twenty-five feet (25')
2. Side yard: Ten feet (10')
3. Rear yard: Ten feet (10')
4. From PUD boundary: Fifty feet (50')
5. Preserves:
a.
Principal structure:
Accessory structure:
Twenty-five feet (25')
Ten feet (10')
b.
6. For that portion of a building exceeding fifty (50') feet in height that
portion shall be required to maintain a minimum setback from the
property line at a ratio of two horizontal feet for each one foot of
vertical height.
7. Lake/water management (from control elevation):
a. Principal structure: Twenty feet (20')
b. Accessory structure: Ten feet (10')
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8. Distance between structures: If there is a separation between any
two principal structures on the same parcel, said separation shall
be a minimum of 15 feet or a distance equal to that required by
applicable fire codes.
9. Maximum height of structures: Seventy-five feet (75'), zoned height
as measured from required minimum flood elevation in Parcel A
and twenty -five feet (25') zoned height as measured from required
minimum flood elevation for Parcel B. For purposes of this BPPUD
the measurement of actual height shall be measured as that for
zoned height.
10. Minimum floor area: One thousand square feet.
11. The development of Parcel B shall be subject to the following
limitations:
a. No outside lighting on the southern side of any building
constructed on Parcel B, and no lighting of the parking lot
except to the extent required by the County. To the extent
parking lot lighting is required, cutoff type fixtures or shields
will be used to direct the light downward onto the parking lot.
b. Any loading facility will be located only on the northern facing
portion of any building, and building height is limited to
twenty-five (25) feet above minimum required flood
elevation.
c. No outside storage or outside fabrication is permitted on
Parcel B.
12. Development of Parcel A shall be subject to the following
limitations:
a.
The only outside architectural lighting allowed will be on the
north side of the building.
b.
No signage, other than directional, shall be located on the
south side of the building. There will be no lighted signage
on the seventy-five (75) foot high portion of the building in
any direction, nor shall there be any antennas or satellite
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dishes placed upon the top of the seventy-five (75) foot
portion of the building.
13. Any permanent generator shall be required to be housed in an
enclosed area in order to reduce noise emissions.
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SECTION IV
PRESERVE
"P"
4.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for the area within the Naples Daily News BPPUD designated on the
Master Plan as "P", Preserve.
4.2 GENERAL DESCRIPTION
Areas designated as "P", Preserve on the Master Plan are designed to provide
conservation and may accommodate passive recreation and water management
uses and functions. The acreage of the Preserve area is indicated on the Master
Plan.
4.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part, which is inconsistent with the conservation
easements recorded in O.R. Book 2089, Page 0831, O.R. Book 2107, Page 1701,
OR. Book 2260, Page 1869, of the Public Records of Collier County, Florida, the
drainage easement recorded at O.R. Book 2414, Page 3480 and other than the
following:
A. Permitted Principal Uses and Structures
1. Boardwalks, benches, nature trails and shelters, as long as any
clearing required to facilitate these uses does not impact the
minimum required native vegetation.
2. Water management structures in wetland Preserves.
3. Uses and structures permitted by the conservation easements and
drainage easement referenced above.
4. Any other conservation use in accordance with Section 3.05.07 of the
LDC which is comparable in nature with the foregoing uses and
which the Environmental Services Department Staff determines to be
compatible in the Preserve Area. Other uses of a comparable nature
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and not administratively permitted within preserves shall require the
approval by the Board of Zoning Appeals.
4.4 DEVELOPMENT STANDARDS
A. Maximum height of structures: Twenty-five (25) feet.
B. Building setbacks:
1. Principal structures:Twenty-five (25) feet
2. Accessory structures:Ten (10) feet
4.5 LANDSCAPE BUFFERS
A. Where Chapter 4 of the LOC requires landscape buffers, and preserve
areas are shown, landscape buffers shall consist of preserve vegetation,
when demonstrated that it meets or exceeds requirements of Chapter 4 of
the LOC. Landscape buffers shall remain exotic free. All code
requirements must be met regarding Preserves acting as landscape
buffers.
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SECTION V
OPEN SPACE
"OS"
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for the areas within the Naples Daily News BPPUD designated on the
conceptual master plan as "OS", open space.
5.2 GENERAL DESCRIPTION
Areas identified as "OS" open space on the conceptual master plan are designed
to provide usable open space, recreation, water management, and other open
space and recreational uses.
5.3 PERMITTED USES AND STRUCTURES.
A. Permitted Principal Uses and Structures
1. Lakes, water management facilities, preserves and water control
structures.
2. Boardwalks, benches, nature trails, bridges, cart paths, golf course,
and related facilities. Golf course related improvements shall not
be expanded; however, they may be reconstructed and maintained
in accordance with the conservation easements and drainage
easement referenced in Section 4.3 of this PUD.
3. Any other recreation or open space use consistent with recreational
or open space uses permitted by right in the "CON" Conservation
District of the LDC.
5.4 DEVELOPMENT STANDARDS
A. Maximum Height: Twenty-five (25) feet.
B. Setbacks: Zero (0) feet.
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SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments
for the Naples Daily News BPPUD project.
6.2 PUD MASTER DEVELOPMENT PLAN
A. All facilities shall be constructed in accordance with the final site
development plans, final subdivision plans and all applicable State and
Local laws, codes and regulations except where specifically noted.
B. The BPPUD Master Plan (Exhibit A) is an illustration of the conceptual
development plan. Tracts and boundaries shown on the plan are
conceptual and shall not be considered final. Actual tract boundaries shall
be determined at the time of preliminary subdivision plat or site
development plan approval.
C. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all utilities.
D. The developer will implement the concept of "parklets," Le., small-scale
opportunities for pedestrian seating and/or visual nodes of interest
incorporated adjacent to buffers, buildings, other open space areas on the
site, and pedestrian connections. A parklet shall be defined as a garden
space incorporating a minimum of three of the following elements:
decorative pavers, two canopy/accent trees, site furniture (such as 5'
bench, trash receptacle/ash urn, etc.), pedestrian pathway and/or water
feature/sculpture. The location is intended to provide a visual node of
interest within the project site and/or create a cue for pedestrian
ingress/egress. The developer shall provide a minimum of 3 parklets,
within the business park at the general locations shown on the conceptual
park / parklet plan (Exhibit E). Parklets shall vary in size; however, the
minimum size for any single parklet shall be two hundred (200) square
feet, and the minimum aggregate size of the parklets shall be fifteen
hundred (1,500) square feet.
In addition, one "linear park" shall be developed along Immokalee Road,
expanding the buffer into the project site and it may incorporate such key
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features/options as: sculpture, water features, decorative pots, seat walls
and/or enhanced plantings (palms/trees/shrubs/groundcovers). This park
may become "architectural" in layout, offering a transition between the
structure's architecture and the buffer along Immokalee Road frontage
and is more reminiscent of an urban setting.
6.3 ENGINEERING
A. Except as noted herein, all project development will occur consistent with
the LDC.
6.4 UTILITIES
A. Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the developer. Central water and
wastewater service will be provided by the appropriate governmental
and/or private utility provider. Appropriate utility easements will be
dedicated to the utility provider in accordance with the procedure adopted
by the utility provider.
B. Upon completion, the utility facilities shall be tested to insure that they
meet Collier County's utility construction requirements in effect at the time
construction plans are approved.
C. Utilities shall be designed in accordance with the Collier County Utilities
Ordinance No. 04-51.
6.5 WATER MANAGEMENT
A. The project shall be designed and permitted in accordance with standards
of the South Florida Water Management District.
B. The lake originally approved as Lake L-1, Creekside Unit I Plat, shall
continue to be operated and maintained in accordance with the approved
plat and approved South Florida Water Management District Permit.
C. Prior to discharge into the existing southerly lake within the project,
stormwater shall be pretreated to applicable government standards and a
water management maintenance easement shall be granted for the
southerly lake to the Pelican Marsh Community Development District
(COD). The Developer shall not seek to permit any interconnection,
overflow or discharge from the project's southerly lake into the COD's
\^Jater management system, consistent \^Jith the ~v~emorandum of Johnson
Agenda.BCCAG ENDA.26222
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Engineering, Inc. dated July 19, 2006, a copy of which is attached hereto
as Exhibit G.
D. Prior to the County issuing a final Site Development Plan for any portion of
the project, the Developer shall enter into an agreement with the Pelican
Marsh CDD that shall include provisions for the CDD to review water
management plans and for the owner of the property within this BPPUD to
pay the maintenance costs for the project's southern water management
lake to the CDD.
E. The projects conceptual water management system has been described in
the water management report provided in the rezone application materials.
A copy of the conceptual water management plan is included in the
BPPUD Document as Exhibit F.
6.6 ENVIRONMENTAL
A. An exotic vegetation removal, monitoring and maintenance plan for the
site shall be submitted to Environmental Services Staff for review and
approval prior to final site plan/construction plan approval. A schedule for
exotic vegetation removal shall be submitted with the above-mentioned
plan.
B. A minimum of 15 percent of the site's native vegetation shall be retained
or replanted in accordance with the LDC. For this site a minimum of 0.37:1:
acres of native vegetation shall be retained on-site. The BPPUD shall
include approximately 2.6:1: acres of preserve area as shown on the
Conceptual Master Plan.
C. Areas subject to previously recorded conservation easements shall be
maintained in accordance with the applicable conservation easement.
D. This BPPUD shall be consistent with Environmental section of the GMP
Conservation and Coastal Management Element and the LDC at the time
of final development order approval.
E. This BPPUD shall comply with the guidelines of USFWS and FFWCC for
impacts to protected species. A Habitat Management Plan for those
species shall be submitted to environmental review staff for review and
approval prior to site/plan approval.
F. All conservation areas shall be designated as tracts/easements with
protective covenants. Easements shall be dedicated on the plat to the
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homeowner's association for ownership and maintenance and to Collier
County with no responsibility for maintenance.
G. 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.
H. A Preserve Area Management Plan shall be provided to Environmental
Staff for approval prior to site/construction plan approval identifying
methods to address treatment of invasive exotic species, fire
management, and maintenance.
I. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be
submitted prior to final site plan/ construction plan approval.
6.7 TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FDOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FDOT
Design Standards, current edition, and the Manual on Uniform Traffic
Control Devices (MUTCD), current edition. All other improvements shall
be consistent with and as required by the LDC.
B. Arterial level street lighting shall be provided at all access points. Access
lighting must be in place prior to the issuance of the first Certificate of
Occupancy (CO).
C. External access points, including both driveways and proposed streets,
shown on the BPPUD Master Plan are considered to be conceptual.
Nothing depicted on any such Master Plan shall vest any right of access at
any specific point along any property frontage. All such access issues
shall be approved or denied during the review of required subsequent site
plan or final plat submissions. All such access shall be consistent with the
Collier County Access Management Policy (Res. 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 constructed may be
less than the number depicted on the Master Plan; however, no additional
Agenda.BCCAG ENDA.26222
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Agenda Item No. se
October 24,2006
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external access points shall be considered unless a PUD Amendment is
approved.
D. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the
issuance of the first CO.
E. Road impact fees shall be paid in accordance with Collier County
Ordinance No. 01-13, as amended, and the LOC, as it may be amended.
F. All work within Collier County rights-of-way or public easements shall
require a Right-of-way Permit.
G. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution No. 01-247), as it
may be amended, and the LOC, 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 PUD which is found to be adverse to the health,
safety and welfare of the public. Any such modifications shall be based on,
but are not limited to, safety, operational circulation, and roadway
capacity.
H. Nothing in any development order shall vest a right of access in excess of
a right in/right out condition at any access point. Neither will the existence
of a point of ingress, a point of egress or a median opening, nor the lack
thereof, be the basis for any future cause of action for damages against
the County by the developer, its successor in title, or assignee.
I. All private internal roads, driveways, alleys, pathways, sidewalks and
interconnections to adjacent developments shall be operated and
maintained by an entity created by the developer and Collier Country shall
have no responsibility for maintenance of any such facilities.
J. The developer shall make a proportionate fair share payment toward
future signalization and intersection improvements of Creekside Boulevard
at the U.S. 41 and Goodlette-Frank Road intersection if and when
warranted.
K. The PUO Master Plan depicts a potential pedestrian interconnection with
the adjacent property to the west, the developer, or assigns, shall assure
that these interconnections shall accommodate the perpetual use of such
Agenda.BCC AG END A.26222
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Agenda Item No. se
October 24, 2006
Page 117 of 273
access by incorporating the appropriate language into the applicable
development covenants, and SOP or plat.
L. 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 when warranted by the
County.
M. The Developer shall provide separate proportionate share payments for
development of Parcels A and B not to exceed 15% of the road impact
fees for development of Parcels A and B to address congestion
management strategies in the Northwest Transportation Concurrency
Management Area (TCMA), which will include the funding for intersection
improvements and enhancements to transit and pedestrian facilities. The
proportionate share payments shall include a credit in the amount of
$75,000 for the installation of the SCOOT system at the U.S. 41 and
Immokalee Road intersection and the next two easterly signalized
intersections on Immokalee Road, a credit for the extension of Creekside
Way to Creekside Boulevard shall be provided. The credit will be applied
only to the 15% proportionate share payment above the current road
impact fee.
N. Prior to the issuance of the first CO for the Parcel A, Creekside Way shall
be extended south to Creekside Boulevard. If the land and construction
costs of the Creekside Way extension exceed the proportionate share
payment due for development of Parcel A, the excess shall be applied as
a credit for the proportionate share payment due for development of
Parcel B. Staff shall permit the right-of-way cross-section for Creekside
Way to vary from typical LDC standards in order to accommodate the
roadway extension due to the presence of existing utilities located within
the Creekside Commerce Park PUD.
6.8 AFFORDABLE HOUSING
Collier County and the Developer of the Naples Daily News Business Park BPPUD
have cooperated to address affordable housing impacts associated with the project.
The Developer, or its successors and assigns, shall make a financial contribution to
Collier County in the amount of $.50 per square foot of press plant (non-office) building
area constructed within the BPPUD. This contribution shall be paid within seven days
of the issuance of the CO for the non-residential uses. The payment of this contribution
shall fully satisfy the project's obligations to pay affordable or workforce housing fees
that may be adopted in the future by Collier County.
Agenda.BCCAG ENDA.26222
6-6
I
Agenda Item NO.Se
October 24, 2006
Page 118 of 273
ORDINANCE NO. 06 -_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH 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
RURAL AGRICULTURE (A) AND CREEKSIDE
COMMERCE PARK PUD ZONING DISTRICTS TO A
BUSINESS PARK PLANNED UNIT DEVELOPMENT
ZONING DISTRICT TO BE KNOWN AS THE NAPLES
DAILY NEWS BPPUD AND LOCATED, IN SECTION
27, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 35.24
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Assoc., PA,
representing Collier Publishing Company, Inc., d/b/a Naples Daily News, 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
27, Township 48 South, Range 25 East, Collier County, Florida, is changed from the
Rural Agriculture (A) and Creekside Commerce Park PUD Zoning Districts to Business
Park Planned Unit Development Zoning District for a project known as Naples Daily
News Business Park Planned Unit Development (BPPUD) in accordance with the
BPPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein.
The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as
amended, the Collier County Land Development Code, is/are hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by super majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
,2006.
Page 1 of2
Agenda Item No. se
October 24, 2006
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ZONING TRAFFIC ANALYSIS
THE NAPLES DAILY NEWS, a BPPUD
May 23, 2006
Immokalee Road and Creekside Way
Collier County, Florida
Prepared For:
Barron Collier Companies
2600 Golden Gate Parkway
Naples, FL 34105
Prepared By:
Vanasse & Daylor LLP
Job # 80938.02
12730 New Brittany Boulevard, Suite 600, Fort Myers. Florida 33907 T 239.437.460 I f 239.437.4636 W vanday.com
Agenda Item No. 8e
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Agenda Item No. se
October 24,2006
Page 123 of 273
Table of Contents
INTRODUCTION AND SUMMARY ........................................................................................................................................ 1
INTRODUCTION...................................................................................................................................................................... 1
SUMMARY OF FINDINGS, CONCLUSIONS AND RECOMMENDA TlONS ......................................................... 1
PROPOSED DEVELOPMENT .................................................................................................................................................... 2
EXISTING AND PROPOSED LAND USE ......................................................................................................................... 2
AREA CONDITIONS .................................................................................................................................................................... 2
SITE ACCES SIBILITY ......... .................. ........................... ............... .......... ... ....... ................ ...................... ............................. 2
SITE- GENERATED TRIPS .................................. ... .............. ............ .......... ... .......... ...................................... ................... ........... 4
TRIP GENERATION ................................................................................................................................................................ 4
TRIP DISTRIBUTION AND ASSIGNMENT .....................................................................................................................4
ANALYSIS ..... ............. ....................... ...... .......... ... ...... ................... ............. ............. .......... ................ ...................... ........................ 5
PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES.......................................................................... 7
CAPACITY AND LEVEL OF SERVICE............................................................................................................................. 7
SITE ACCESSES ......... ........... .............. ....... ........ .............. ............. .......... ........................... ........................ ................... ...... ... 10
IMPROVEMENT ANALYSES .................................................................................................................................................. 10
IMPROVEMENTS TO ACCOMMODATE NOK-SITE TRAFFIC.............................................................................. 11
IMPROVEMENTS TO ACCOMMODATE SITE-GENERATED TRAFFIc.............................................................ll
List of Exhibits
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
List of Tables
Table 1
Table 2
Table 3
Table 4
Table 5
Table 6
Appendices
Aerial Location Map
Studied Intersections
Distribution
PM Background Traffic
PM Project Traffic
PM Total Traffic
Site-generated Trip Estimate
Site-generated Trip Distribution
Significance Test
LOS-Concurrency Management System Method
LOS- Historical Growth Method
Intersection Capacity Analysis Results
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Agenda Item No. se
October 24, 2006
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INTRODUCTION AND SUMMARY
INTRODUCTION
Vanasse Daylor LLP (VanasseDaylor) is providing this Zoning Level Traffic Analysis for the
Naples Daily News Business Park PUD. The purpose of this study is to provide to the Collier
County Transportation Operations Review Department adequate information to show that the
traffic-related problems are anticipated and that effective mitigation measures are identified.
The site is located on Immokalee Rd west of Creekside Way (between US 41 and Goodlette-
Frank Rd) in Collier County (see Exhibit 2). It is anticipated the site will be developed into
365,000 SF for the new Naples Daily News Headquarters and an additional 35,000 SF of other
business park uses. The following Land Use program is proposed for this project:
Business Park (LU 770):
400,000 SF
SUMMARY OF FINDINGS, CONCLUSIONS AND
RECOMMENDATIONS
The significance test projected that the following link will be significantly impacted by the
estimated site-generated trips:
. Immokalee Rd from US 41 to Airport Rd
The Link LOS analysis results indicate that all links analyzed will operate within the standard
maximum service flowrates.
This project may be subject to proportionate share payments for impacts to roadways within the
Northwest Transportation Concurrency Management Area (TCMA). These payments will be
capped at 15% of the road impact fees for the project. The project may be subject to
Transportation Demand Management (TDM) strategies in accordance with Section 6.02 of the
Land Development Code (LDC).
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Agenda Item No. se
October 24, 2006
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PROPOSED DEVELOPMENT
EXISTING AND PROPOSED LAND USE
The site is located on Immokalee Rd between US 41 and Goodlette- Frank Rd in Collier County
(see Exhibit I). The site will consist of 400,000 SF of development and is currently vacant.
The 1Dllowing Land Use program is proposed for the site:
Business Park (LU 110): 400,000 SF
Completion of this project is anticipated in 20 II.
AREA CONDITIONS
SITE ACCESSIBiliTY
AREA ROADWAY SYSTEM
The roadway system inside the study area contains the following arterial and major collector
roads and streets:
Tamiami Trail North (US 41)
Tamiami Trail North (US 41) in the study area is a six-lane divided arterial street. It is under
state jurisdiction and the speed limit is posted at 45 miles per hour (mph).
Goodlette-Frank Road (CR 851)
Goodlette-Frank Road in the study area is a two-lane undivided a11erial street from Immokalee
Road to Vanderbilt Beach Road. Goodlette-Frank Road is a four- and six-lane divided arterial
from Vanderbilt Beach Road to Pine Ridge Road. It is under county jurisdiction.
Airport-Pulling Road
Airport- Pulling Road in the study area is a four- and six-lane divided arterial. It is under county
jurisdiction and has a speed limit of 45 mph.
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Agenda Item No. se
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Immokalee Road (CR 846)
Immokalee Road in the study area is a four-lane divided arterial. It is under county jurisdiction
and has a speed limit of 45 mph. Construction has just commenced to expand the section from
US 41 to 1-75 to six lanes.
Creekside Boulevard
Creekside Boulevard in the study area is a two-lane divided and undivided collector road under
county jurisdiction and runs from US 41 to Goodlette Frank Road.
Creekside Way
Creekside Way in the study area is a four-lane divided access off Immokalee Road. It is
currently signalized and serves as an access for parcels along Creekside Parkway.
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 Transportation
Planning Department 2005 Traffic Count Report (Collier 2005 Counts), and Collier Concurrency
Segment Data dated March 4, 2006. Appendix A contains copies of the applicable data used.
COMMITTED ROADWAY IMPROVEMENTS
Roadway improvements are constructed in order b 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 were considered to be
committed improvements. These were identified in the Collier County Transportation
Improvement Plan and Florida Department of Transportation FDOT Adopted Work Programs
for Collier County, Fiscal Year 2004/2005-201 0/201 I. The committed improvements in the area
include:
. Immokalee Road: six-lane expansion from US 41 to 1-75 in 2006.
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SITE-GENERATED TRIPS
TRIP GENERATION
Site-generated trips were estimated usmg Institute of Transportation Engineers (ITE) Trip
Generation (7th Edition), in accordance with the current Collier County policy. The following
trip generation formulas were used, and the trips generation results are shown in Table 1:
Business Park (LU 770):
ADT: T = 10.75(X) + 747.41
AM Peak Hour: Ln (T) = 0.98 Ln (X) + 0.45
PM Peak Hour: Ln (T) = 0.92 Ln (X) + 0.78
TABLE I
Site-generated Trip Estimate
Land Use
AM Peak
PM Peak
AD..I IotaI. .Ente.r: f.lili Lllai Enw: .E2ili...
Business Park (LU 750)
400,000 SF
5.047 556 467 89 540 124 416
TRIP DISTRIBUTION AND ASSIGNMENT
The pattern of site-generated trip distribution is based on locations of generators and attractors in
the study area of the project. The site- generated trip distributions are presented in Table 2 and
graphically shown on Exhibit 3.
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Agenda Item No. se
October 24, 2006
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TABLE 2
Site-generated Trip Distribution
Roadway Link Enter Exit
Airport Rd N of VBR 5% 5%
Airport Rd S of Imm. Rd 1 0"10 10%
Creekside Blvd E of proj. access 15% 15%
Creekside Blvd W of proj. access 15% 10%
Creekside Way N of Access Site 70% 75%
Goodlette-Frank S of Creek Blvd 15% 15%
Goodlette-Frank S of Imm Rd 0"10 0%
Immokalee Rd E of Airport Rd 22% 22%
Immokalee Rd E of Goodlette Rd 42% 42%
Immokalee Rd E of Creek Way 42% 42%
Immokalee Rd W of Creek Way 28"10 33%
I II th Avenue N W of US 41 5% 5%
US 41 N of Immokalee Rd 23% 23%
US 41 S of Immokalee Rd* 10% 15%
US 41 S of Creekside Blvd 15% 15%
* I 0% Actually Exiting Traffic, but in NB direction
ANAL YSIS
SIGNIFICANCE TEST ANALYSIS
According to Collier County Land Development Code (LDC) Section 6.02.02:
''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.
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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."
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. Table 3 indicates
lmmokalee Rd east of US 41 will be the only link on the County Concurrency Management
System utilizing 3 percent or more of the maximum peak hour service volume. The number of
site trips generated for this link is displayed graphically in Exhibit 5. This link will be the
subject of the Link LOS Analysis presented in the next section.
TABLE 3
Significance Test Site as
Peak Site % of
Rn,rlw,y I ink lli:ect SF mox L:ips SF mox
Airport Rd N of VBR NB 2,460 6 0.2%
Airport Rd S of Imm. Rd NB 2,460 12 0.5%
Creekside Blvd E of proj. access EB 760 62 8.2%
Creekside Blvd W of proj. access EB 760 19 2.5%
Creekside Way N of Access Site NB 760 31241.1%
Goodlette-Frank S of Creek Blvd NB 1,190 19 1.6%
Goodlette-Frank S of Imm Rd NB 1,190 0 0.0%
Immokalee Rd E of Airport Rd EB 3.290 92 2.8%
Immokalee Rd E of Goodlette Rd WB 3,030 52 1.7%
Immokalee Rd E of Creek Way WB 3,030 52 1.7%
Immokalee Rd W of Creek Way WB 3,030 137 4.5%
III th Avenue N W of US 41 WB 1.040 21 2.0%
US 41 N oflmmokalee Rd NB 3.520 96 2.7%
US 41 S of Immokalee Rd NB 3.370 42 1.2%
US 41 S of Creekside Blvd NB 3,370 62 1.8%
*Capaeityof III th Avenue N west of Vanderbilt Dr. used for Creekside
Way and Blvd
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PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES
Background traffic on Immokalee Rd was developed using multiple sources. Specific Link
volume data was provided by the Collier County Transportation Department. The link volume
consists of recorded 2005 directional Peak Hour volumes and "banked" trips that were assigned
to the link for approved developments (see Appendix A - Concurrency Segment Tables dated
March 04, 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 the concurrency
management system. Table 4 contains the link-specific background traffic date. In addition,
historical growth rate calculations were completed to determine buildout year backgrOl.md traffic
for the significantly impacted link. Traffic data from 2000 and 2004 were used to derive the
growth rate, which was the base to project the background traffic. Table 5 contains the
background traffic data projections.
TABLE 4
level of Service Test
(Link-specific Background Traffic Data -Concurrency Segment Table 03/04/2006-)
DPK Hr Ir4L J:gW. .B.mL Proj. WII Std?
Link Ycl .6ank ~ Ca pa city T raffle SF mox ~ Total
Immokalee Rd W of Creek Way 2,000 515 2,515 515 137 3,030 Y Y
TABLE 5
level of Service Test (Historical Growth Method)
AADT Growt/-
Link
Dir 2000 2001 2004 2005
W
34,082 40,344 42,086
E
Rate
DPK Hr Vol Proj. WII Std?
** 2006 2008 2011 Traffic Sf.- Bkgd Total
2,000 2,220 2,600 137 Y Y
1,521 1,690 1,980 35 3,030 Y
Y
Immokalee Rd W of Creek Way
5.4%
** Form Concurrency Segment Table 03.04.2006
CAPACITY AND LEVEL 0 F SERVICE
LINK ANALYSES
The segment ofImmokalee Rd east of US 41 was identified as being significant. This link was
evaluated to determine whether projected operation would be within County standards. Both the
Naples Daily News, a BPPUD
7
I :\Projects\809\B0938 \T raffic 180938_ TIS002.doc
Agenda Item No. se
October 24, 2006
Page 131 of 273
Concurrency Management System and Historical Growth methods were used to determine
whether the link was within the standard Maximum Service Flowrates for both Background or
Buildout traffic. Table 4 presents the LOS for the Concurrency Management System. The
Historical Growth method result appears in Table 5.
Both Link LOS Analsyses indicate that Immokalee Rd east of US 41 will continue to operate
within the maximum service flowrates with this project.
INTERSECTION ANALYSES
The foregoing determinations were based on link service levels using Concurrency Segment and
historical count data. Since intersection operations have a greater impact on corridor operations
than the capacities of the roadway links, additional analyses were conducted on key intersections
in the Area of Influence. The selection process was based primarily on relationships between the
significant links and proximity to the site.
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. The analyses were conducted
using SYNCHRO':ID to determine probable intersection operations.
Table 6 presents the Buildout Year PM Peak Hour background and total traffic levels of service
at the intersections that were analyzed for this study. Copies of the analysis results are contained
in Appendix B.
TABLE 6
Intersection
LOS & Delay
BKGD Total
US 41 & Immokalee Rd F/l26 FII41
Goodlette-Frank Rd & Immokalee Rc E/57 E/66
Two different scenarios were analyzed for the buildout year: background traffic with existing
and committed roadway improvements and total traffic with existing and committed roadway
improvements.
Naples Daily News. a BPPUD
8
1:\Projeets\809\80938 \T raffle '80938_ TIS002.doe
Agenda Item No. Be
October 24, 2006
Page 132 of 273
US 41 & Immokalee Road
This intersection is expected to operate below LOS standards for projected background traffic
conditions. The improvements needed at this intersection to mitigate projected background
demands consist of dual right turn lanes on the westbound approach and a southbound triple left
turn lane. The westbound right turn lanes sho uld be 840 feet long. The southbound triple left turn
lanes should be 715 feet long, including a 240-foot deceleration lane with 100-foot taper.
Although the intersection will still operate at LOS F, the computed average intersection delay is
substantially reduced from 141 sec/veh to 100 sec/veh, or more than lh minute per vehicle. These
improvements possibly could be constructed within additional right-of-way by relocating the
sidewalks. Constructing a grade-separated flyover, such as a Single-Point Urban Interchange
(SPUI), or separate the intersection into two smaller, grade-separated intersections using an
Echelon Interchange, would probably provide the only effective long-term operational
improvement at this intersection.
Although these improvements would reduce the average intersection delay to the projected
background traffic delays, LOS F operations are still projected. Considering the substantial right-
of-way acquisition costs that would be incurred to attain this improvement in computed delays,
implementing this theoretical improvement would not be prudent expenditure of construction
funds, and should not be given further consideration beyond it being an indicator that the
maintaining agencies should begin studying alternatives in order to improve operations at this
intersection.
Goodlette-Frank Rd and Immokalee Rd
This intersection is expected to operate at LOS D for projected background and total traffic
conditions. No additional improvements should be required at this intersection in order to
accommodate anticipated site- generated traffic demands.
TRANSPORTATION CONCURRENCY MANAGEMENT AREA
CONSIDERATIONS
The site is located southeast of the US 41 & Immokalee Road intersection in Collier County.
This project is in the Northwest Transportation Concurrency Management Area (TCMA-see
Appendix A). In accordance to the Collier County Land Development Code Section 6.02, "to
Naples Daily News, a BPPUD
9
1:IProjectsI809180938 IT raffie '80938_ T1S002.doe
Agenda Item No. Be
October 24,2006
Page 133 of 273
maintain concurrency, each TCMA shall maintain 85% of its no~south lane miles and 85% of
its east-west lane miles at or above the IDS 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 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 GMP. An analysis of the north-south and east-west lane miles within the Northwest
TCMA found that with the project as proposed, 100% of the lane miles treet LOS standards (see
Appendix A).
a) Since the project doesn't adversely affect roadway segments within the Northwest TCMA
and over 85% of the lane miles meet LOS standards (currently 100o/<rsee Appendix A), a
proportionate share payment is not appropriate.
SITE ACCESSES
Site Access analyses were completed utilizing SYNCHRO:ID software, which is based on the
Highway Capacity Manual 2000 (HCM 2000), and applied to Build-out year traffic. Appendix B
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.
The project is proposed to have one full-movement access point onto Creekside Way
IMPROVEMENT ANALYSES
Because many of the analyses were addressed in a previous section, this improvement analysis
section will be limited in scope to a conclusive narrative.
Naples Daily News. a BPPUD
10
I :\Projeets\809\80938 \T raffie '80938_ TIS002.doe
Agenda Item No. se
October 24, 2006
Page 134 of 273
IMPROVEMENTS TO ACCOMMODATE NON-SITE TRAFFIC
Collier has committed to construct roadway improvements on lmmokalee Road. These
improvements will be completed by FY 2006, well before Naples Daily News, a BPPUD reaches
its buildout.
IMPROVEMENTS TO ACCOMMODATE SITE-GENERATED
TRAFFIC
The following improvements were identified as being needed in order to accommodate site-
generated traffic:
. Main Access: full-movement unsignalized with turn lanes
This project is subject to appropriate Road Impact Fees.
Naples Daily News, a BPPUD
II
1:IProjeetsI809\80938 IT raffle '80938_ TIS002.doe
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Agenda Item No. se
October 24,2006
Page 140 of 273
ApPENDIX A - TRAFFIC DATA
. Collier County Concurrency Segment Table
. Collier County Mechanical Counts
. Collier County TCMA R.eport
. Collier County AR.T-Plan 4.0 LOS Tables
. Initial Meeting Checklist
. FTE Manual Turning Movement Counts
. Turning Movement Count projections
Naples Daily News, a BPPUD
Appendix
Concurrency Segment T,blc 03/0412006
..2003
1
I. :2
I 3
1 4
1 5
I' 6'
1 . 7
I 10
1 11
I 12
I 13
I 14
i 15
1 .. 16
I 17
I 18
1 19
I 20
121
I 22
! 23
124
125
I 26
I 27
I 29
1 30
I 31
132
I 33
134 .
In 35
I 36
1 37
I 39
I 40
I 41
1 42
1 43
i 44
I 45
1 46
I 47
1 48
I 49
I 51
I 52
I 53
I 54
I
1
I
1
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i
I
1
I
I
I
I
I
I
55
58
59
61
62
63
64
65
66
67
68
69
70
71
'Airport Road Immokalee Road ,Vanderbilt Beach
. Airport Road \ian({eh)ild3each:p:ine.:~i-?g'e"~Oa'd
..AirporlRoadiPirie Ridge Road '.Golden Gate Parkway
. Airport Road . . Goiden Gale Parkway, Radio Road' .
Airport Road Ra'dio'Road-' ) Da~"'is Bouievard"
. Airport Road 6a~isBoule~a~d0s 41 .
. Bayshore Drive US 41 Thomasson Drive
: County Barn Road . Davis Boulevard ,Rattlesnake
CR 29 .0541 .ChokoJ()skee Isiarid
; Davis ElOulevardUS 41 ...AirportRoad
.;Da~jsB9.ute~ard . AirportR()ad .. iLakewoodBoulevard
'Davis Boulevard . "La'kewoOd Boulevard 'County Barn Road
:,Davis Boule~ard : County Barn Road Santa Barbara
:[)avisBolJle~ard SaritaBarbaraC()lIier Boulevard.
. Golderi Gaie ColiierBOlJlevard' Wilson BOlJlevard
'Golden Gate Parkway iUS 4; Goodlette.Frank Road
GolderiGate piJrkwal'GoOdlette-Frank Road 'Airport Road
: Gol2en Gaie Parkway 'Airport Road 1-75
Goiden Gaie Parf;way :1-75 Santa Barbara
. . Golden Gate Parkway 'SantaBarbara'CollierBoulevard
. ;Goodlette~Frank Roadlmm()kaleeRoadVanderbill Beach
U G(Jodlette:FrarikRoad\landerbiitEleach .: Pine Ridge Road
. GoOdiette:FrankRoadj>ineRidge R'oad Golden GaieParkway .
. Goodlette.FrankRoadGolden Gate Parkway US 41
. GreenBouievardSanla Barbara ,Collier Boulevard
.u.GlJ1ishorelJrive. 1i1thA:;enue Vanderbilt Beach
Coilier3oule'lard :Immokalee Road Golden Gate
'Coilier Boulevard.Golden Gate Green Bivd
Collier Boulevard Green Boulevard 1-75
. . Collier BOlJle'lardl:75 Davis Boulevard
Collier Boule'lard Da'lisBoulevard Rattlesnake
.' , ." '.- . -. .--- . ... .. .
. Coliier Boulevard Rattlesnake
.SR 95.1 . US.41.. ......
SR 95.1 Manatee Road
1111h AvenlJeN: Gulfshore Drive
111lhA~enue N. Vanderbilt Drive
:lm'mok-ale'e"Road 'U8"4'1
.Immokalee Road ,Airport Road
ImmokaieeRoad '1-75
.....,.< '.
:Immokalee Road Collier 30ulevard
Immokalee Road Wilson Boulevard
Immoka'ee Road Oil Well Road
Lake Trafford Road . Westof SR 29
.-" -" '.
.Logan Boulevard Vanderbilt Beach Pine Ridge Road
Logan Boulevard Pine Ridge Road Green Boulevard
'Livingston Road. Imperial Street Immokalee Road
,Livingslon Road.' .... . immokalee Road Vanderbilt Beach
,Ui'ingston Road.Vanderbilt Beach Pine Rid':Je Road. ..
'Liv'ingslonRoad . Pine Ridge Road Golden Gate Parkway
Li;;ingslon Road Golden' Gate Parkway Radio Road
N.1si Street New Market Road Main Street
'New Market Road Broward Street SR 29
Camp Keais ..CR 858 Immokalee Road
Old US 41 Lee County Line US 41
Se"gate IJn'lecraytonRoad US 41
... . '.'~" _._. ... '0' _ ,.,' ., ,.
Pine Ri.d~e Road ,US 41 . .. Ooodlette.Frank Road
Pine Ridge Road .Goodlette,Frank Road Shirley Street
. Pine Ridge Road Shirley Stre.et . Airport Road
Pine Ridge Road Airport Road 1-75
Pine Ridge Road 1-75 L09an' Boulevard
Radio Road Airport Road Li'lingstonRoad
. Radio Road 'Livingston Road Santa Barbara
F?adb Road. Santa Barbara Davis Boulevard
.US41
'Manatee Road
Ma in sail Dr
Van(JerbiltDrive
,0S41
Airport Road
'\-75
. Logan Boulevard
Wilson Boulevard
Oil Well Road
Everglades Boulevard
SR 29
Cooc$cgments_ 03_04_ 06.xls
Agenda Item No. se
October 24,2006
Page 141 of 273
"f-"":"''''-
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1870 336 2206 254
2340 506 2846 .. 1124 '1
H2210 .523 "2733 10971
2620 .'-, 26S 2889 34; I
H. 2370 231 2601 . 14991
1930 211 H2141 439' 1
740 41 781 1169 I
H690 234 924 936 I
181 4 185 690 I
1950 150 .,1 2100 , 1320 I
1936 .167 .2037 pl' 43 1
2430 4 0 u1930 .~ . HH235 . ;- >2165; :1'65 1
2400 4 D 1860 5;4 2374.. HH26. I
1530 2 D 1120 564 ;624 H ~94 I
235.0 4 D 1240 278 1518 832 I
3180 6 E 1200 76 " 1276 1904 I
4350 6 E 2670 171 2841 1509 .1
4370 '6 E 2050 270 2330 "Z'o46 I
3730 5 E .. 2070 . 169 2239 .1491 I
L
1980 4 D 1750 182 .H1932 48 I
1190 2 D 530 134 764 426 I
2790 6 D 1150 157 '1317 ';4731
3420 6 E ;460' .. 272 1732 '16881
3500 6 E 1850 115 1965 1535 1
1040 2 D 680 39 321 I
5.30 2 D 250 16 266 264 I
3300 5 E 1010 884 1894 1406 I
3300 6 E 1680 678 2358 942 I
2260 4 D 1470 600 2070 190 I
3690 6 E 3300 461 3761 -71 I
3270 6 E 1856 393 ..2243 1027 I
3330 6 E 1730 446 2176 1154 I
wici D 185.0 337 ... 2187 -217 I
... 1510'
2590 4 D 279 1789 801 I
760 2 350 22 372 '388 I
1040 2 770 88 858 182 I
3030 6 2000 515 2515 515 I
3290 6 ~ 2290 697 2987 303 WI
4370 6 E 3631 739 I
3790 6 E 1797 1993 I
3670 6 E 1873 1797 I
860 2 D 494 I
875 2 D 538 I
990 2 D 433 I
2070 4 D 1220 649 I
3260 6 D 570 2534 I
3890 6 E 1000 2829 I
3890 6 E 1000 u2728 1
4000 6 E 1370 '1764 2236 I
4000 6 E 1260 1483 2517 I
1000 2 400 416 584 I
1010 2 D 430 477 533 I
860 2 D 130 333 527 1
1010 2 D 780. 850 160 1
1620 4 D 930 998 622 I
2730 6 E 2010 2190 540 I
3300 6 E 2750 3088 212 I
3730 6 E 2760 3152H 578 I
3730' 6 E .2so6 3541 ':89 I
3790 6 E 2190 2420. 1370 I
,
2180 4 1300 1590 590 i
2120 4 D 1560 1737 383 1
2120 4 D 125.0 262 1512. (jOB I
Concurmncy Segment T.ble 03/0412006
I 72 'Rattlesnake jUS41 East ;Chariemagne
I 73 URattle'snake! Charlemagne' County Barn Road
1 74 ;Raiilesnake ,.u,cou.~iy.~~r.nRoad :p"lil'l\~e.~.u~,
1 '75' tRaiiiesnaki) . !polly Avenue ,Collier Boulevard
I ...76 '.SantaBarbara u:~reel1~OLJIe.var~u u.....9()lden~G~tepark.:.iay'
r 77 :SantaBarbara.. ';Go.ldengateParkway;.RadioRoad
r 78 San',;. Barbara .:Radio Road 'Davis Boulevard
I.' 80SR29luS41 CR.8:i7..
IS1-. .SR29u :CRS371.7s"
iu :~u:~:~:{~~~5~' ......... .u;~;~~~1.(NeWMarket),
184" :sR'29CR 29A SouthN 15th SI
185SR 29;N1SthSt.N .:CR 29ANorth
I 86 U 'sA. 29 :CR 29A North SR 82
!S7'SR29!HencliY County LineqsR8i
1 88:SR82 Lee 'County LineuSR29
r 89T..miamiTraiiEa's! !i'ourcorners . ..... ..Goo.dleiie-F~;;kRoadr
1 .96 . Tamiami TraU East.' jGoodlette'FrankRoadDavis.BoU!evard
1 .91,TamiBrTiifraU'Ea'st. mavis Boulevard ';Airport Road
\. . 92'" Tamiamitra';iEast ... 'A,ir~~~,R.C;ad.':Rattli.Snake,. . ....u..
r . 93 ."TamiamiTraiIEast ..Ratt'e.s~a~~. ... ..uTriangleB()ulev~~d!
I" . 94' :Tamiami Trail East .Triangle Boulevard (Collier Boulevard
r. 95 . TamlamiTrail Easi . . Collier Boulevarci San MarOol)rive
1 ' 96 ... . Tamiami'irailEast 's~riMarco6ri~eSRi9 .
197 P Tamiami'Traii East' sA. 2SP, 6adeCouniy Line
1 98 TamiamiTra'iiNorth iLeeCountyLine:wiggins Pass Road .
I 99 TamiemiirailNorth . . 'Wiggins Pass Road .Imrnokalee Road
I.... 100 . ra'mlami rraiiNorth .1 mmokalee Road. . .Va~derbiilBeach.
I P101 ... iarniami rraii North ..'Vanderblit Beach' ;GuifParl< Drive
1 102 . TamiamiirailNorth . Gul(ParkbrivePineRidgeRoadU
I fO:iTamiami 'TrailNorthiPineRidge Road ....solana Road
ji04famiamifrailNorthS()ianaRoaCiP .. Crcech Road
r 105 Tan:.iamiTraii North ; Creech Road .,GoidenGate Park':;al',
1 106 Tamiami Trail North Golden Gate ParkwayCentraiAyenue ...
11M. ,TamiamiTrail NorthCentral Avenue iGoodlette-Frank Road'
1168 fhomassonD;i~e.Bayshorebr;ve.' JUS 41 Easl
r' .109 .. iVanderbiii Beach .. . Gulf shore Drive ,US'41.. . P....
1 110 yand~rbiliBeachUS 41 Airport Road
I 111 :Vanderbilt Beach Airport Road LoganBoulevard
I' 112 :VanderbUiBeach 'Logan8oLJleva;dP:COII;erBou~vard
I 114 Vanderbili'Drive 'iLee 'CountyUneWigginspassRoacl
I 115Vanderbiiibrive . Wiggins Pass-Road 111th Avenue
I ',17 Wiggins Pass Road 'Vanderbilt Driye 'US 41
1122 ()ilV.iell Roadlmmokaiee Road' EyergladesBouieyard
I ... 126 . Pine Ridge Road Logan Boulevard.' . ... Collier Boulevard
I 1271mmokaiee RoaclLoganBoulevard :CR 951
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Agenda Item No. se
October 24, 2006
Page 142 of 273
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Collier County
Average Daily Traffic (ADT) Counts
(Five Year History & Listed Alphabetically)
Agenda Item No. se
October 24, 2006
Page 143 of 273
Sla. T' Location 2000 ADT 2001 ADT 2002 ADT 2003 AOT 2004 ADT Change 03
04
546 Q US 41 (SR 45) at Lee County Une 31,891 32.767 37.790 38,280 38,251 .0.08%
564 Q US 41 (SR 45) north of Immokaiee Rd (CR 846) 46.468 0 53,446 53,988 54.468 0.89%
562 Q US 41 (SR 45) north of Pine Ridge Rd (CR 896) 44:117 42,102 48.686 49,715 53,026 6.61>'1.
577 Q US 41 (SR 45) south of 99th Ave North 37,974 0 47,581 49,071 53,423 8.87'1.
561 Q US 41 (SR 45) south of Pine Ridge Rd (CR 896) 52.426 55,648 54,635 56,497 57,838 2.37'1.
563 Q US 41 (SR 45) south of Vanderbilt Beach Rd (CR 862) 41,613 0 44,546 46,390 49,739 7,22%
604 Q US 41 (SR 90) east of Airport Rd (CR 31) 40,214 46,774 45.164 46,908 49,091 4.65'10
608' Q US 41 (SR 90) east of Collier Blvd (CR 951) 10.789 12,552 12,570 0 12,977 0.00%
545 Q US 41 (SR 90) east of Davis Blvd (SR 84) 31,15B 30,800 33,089 33,594 35,118 4.54%
572 Q US 41 (SR 90) east of Raltlesnake Ham Rd (CR 864) 33,566 36.312 36,301 36,199 37,973 4.90%
616 A US 41 (SR 90) cast 01 SR 2SlCR 29 4,217 5.032 4,661 5,098 4,113 .19,32%
571' Q US 41 (SR 90) west of Collier Blvd (SR 951) 22,992 26,082 27.069 0 27,758 0.00%
570 Q US 41 {SR 90) wesl of San Marco Rd (CR 92) 4,875 5,159 4,952 5,585 5,022 .10.09'1.
617 A US 41 (SR 90) west of SR 29/CR 29 5.120 B,126 5,692 6,215 5,049 .18.76'/.
646 Q Vanderbill Beach Ex!. (CR 862) east of Pelican Ridge 22,118 22,870 23,203 24,032 25,554 6.33%
579 Q Vanderbilt Beach Rd (CR 862) east of Airport Rd (CR 31) 24,391 27,867 26.4 78 27,734 24,599 .11,30'10
666 Q Vanderbilt Beach Rd (CR 862) east of GoodleUe Rd (CR 851) 22.487 24,732 24,995 25,761 26.640 3.41'10
668 Q Vanderbill Beach Rei (CR 862) east of Vineyards Blvd 17,440 19,587 18,440 18,203 18,155 .0.2e'/.
721 S Vanderbilt Beach Rd (eR 862) easl of Vineyards Blvd 0 0.00%
5BO Q Vanderbilt Beach Rd (CR 8(2) west of Collier Blvd (CR 951) 10,362 11 ,938 11,421 11,247 12,099 7.58%
667 Q Vanderbill Beach Rd (CR 862) west of Oakes Blvd 20,587 22,105 21,923 23,072 26,351 14.21%
722 S iVanderbilt Beach Rd (CR 862) west of Oakes Blvd 0 0.00%
524 Q Vanderbilt Beach Rd (CR 862) west of US 41 {SR 45rfamiami Tr} 17,616 20,389 19.171 20,0:>6 20,680 3.22%
633 Q Vanderbilt Dr (CR 901) norlh of Vanderbilt 8eh Rd (CF/. 862) 8,596 10,791 7,670 6.958 7,223' 3.81'1.
578 Q Vanderbilt Dr (CR 901) north of 111 th Ave North 11,466 '13.069 10,826 10,863 11,476 5.64%
548 Q Vanderbilt Dr (CR 901) north of Wiggins Pass Rd (CR 888) 10,419 12,506 n,547 9,591 10,685 11.40%
632 Q Vanderbilt Or (CR 901) south of l11th Ave N 7,075 8,348 6,334 5,862 6,049 3.16%
-
640 A Vineyards Blvd south ofV<lnderbill Beach Rd (CR 862) 7,200 7,894 7,711 8,420 7,891 .6,28%
611 Q Weslclox Rd west of North 15th SI (SR 29) 2.952 4,559 3.391 3,300 3,481 5.47'1.
592 A Wiggins Pass Rd (CR 888) east of Gulf Harbor Rd DISC. DISC. DISC. DISC. 0 0.00%
670 Q Wi99ins Pass Rd (CR 888) east of Vanderbilt Dr (eR 901) 4,167 4,624 4,768 4,836 5.611 16,02'10
669 Q Wiggins Pass Rd (CR 888) west of US 41 (SR 45) 6,158 6,513 7,132 7,413 8,104 9.33%
680' a Wilson Blvd north of Golden Gate Blvd (eR 876) 3,911 4.947 5,352 7,390 B,259 11.76%
676 Q Wilson 8lvd north of Immokalee Rd (CR 846) 1,182 1,330 1,500 1,578 1,528 .3.15%
681 Q Wi\sOf1 Blvd south of Golden Gate Blvd 408 411 406 411 419 2.01%
650' Q Wilson Blvd south of Immokalee Rd (CR 846) 3.639 4.408 5,158 $,852 8,877 29.56'1.
709 5 Winterberry Dr east of Collier Blvd (SR 951) 4,368 4,313 4,506 4,297 4,769 11.00%
712 S Winlerberry Dr west of Barfield Dr 3,926 4,4 54 4,743 4,427\ 4,961 12.06%
703 S Yel\owbird SI east of Bald Eagle Dr (CR 953) 1,640 1,612 1,694 1,636 1,772 8.31%
702 S Yellowbird 5t south of Collier Blvd (SR 951) 1,935 2,258 2,343 2,261 2.496 10,37%
Actual change in overall 2004 traffic from 2003 traffic is an increase 0(: 3,640,280 3,566,020 3,740,1441 2.02%
Page 3 . 8 of 22
41B/20DS
Sta. T' Location 2000 AOT 2001 ADT 2002 ADT 2003 ADT 2004 AOT Change 03
04
504 Q Goodlelte Rd (CR 851) south of Golden Gate Pkwy (CR 886) 32,554 38.707 37.364 37,720 38,243 1.39'/,
594 0 Goodlette Rd (CR 851) south of lmmokalee Rd (CR 846) 14,602 17 .368 15,348 12,311 11,806 -4.10%
596' 0 Goodlelte Rcl (CR 851) south of Orange Blossom Dr 20.533 24,426 20,193 0 0 0.00%
506 a Goodlelte Rcl {CR 851} south of Pine Ridge Rd (CR 896) 31,874 35,934 33,746 31.450 29,681 .5.63%
642 a Green Blvd east of Santa Barbara Blvd 10,346 12,153 13,100 13,862 14,261 2.88-/,
643 Q Green Blvd west of Collier Blvd (CR 951) 6.135 6,946 7,833 7,893 8,582 8.73%
583 A GulfshOre Dr south of Bayview Dr 5,172 6,543 5.961 5,545 5,723 3.21 '10
714 5 HeathwOod Dr north of San Marco Dr (CR 92) 6,920 7,190 8.344 6,918 6,711 .2.99 '10
715 S Healhwood Dr south of San Marco Dr (CR 92) 5.366 5,745 6,093 5,459 5,515 1.02%
675 Q Immokalee Rd (846) easl of Wilson Blvd 16,208 17.913 21.482 23,577 25,970 10.15%
625 Q Immokalee Rd (CR 846) east of Goodlette Rd (CR 851) 34.271 37,278 38,702 40,590 45,385 11.81%
567 Q Immokalee Rd (CR 846) east of AIrport Rd (CR 31) 28.939 30,591 39,031 44,916 46,051 2.53%
593 Q Immoka1ee Rd (CR 846) east of Collier Blvd (CR 951) 18,361 19.799 22.138 24,231 23,363 .3.59'/,
568 Q lmmokalee Rd (CR 846) east of 1.75 (SR 93) 28.242 33.077 3<\,565 38,579 42,933 11.29....
566 Q Immokalee Rd (CR 846) east of US 41 (SR 45) (iamiami Trail) 34,082 40,344 37,742 38,985 42,086 7 .95~.
620 Q lmmokalee Rd (CR 846) north of Stockade Rd 7.870 8,529 8,848 8,685 8,217 -5.38%
586 A lmmokalee Rd (CR 846) south of Oil Well Rd (CR 858) 11,994 12.504 14,950 16,537 16.485 -0.31%
565 Q lmmoknlee Rd (CR 846) west of US 41 (CR 45) (Tamiami Trail) 15,142 0 17,305 17,481 18,991 8.64%
656 Q lmmokalee Rd (CR 846) west of Collier Blvd (CR 951) 15,346 16,083 21,489 25,787 27,431 6.38%
672 Q Immokalee Road {M6} 2 miles east of Everglades Blvd. 5,125 4,733 4,806 1.55%
684 Q Immokalee Road (CR 846 East) 3 miles east of 29 South New Count 2003 1,382 1,434 3.73%
679' 0 Immoka\ee Road (CR 846) west of 1.75 (SR 93) New Count 2003 39,775 45,345 14.00%
674 Q lmmokalee Road (CR 846) west of Wilson Blvd 10.702 17,900 20,460 21,380 21,277 .0.40%
677 Q Imlllokalee Road East of Everglades Blvd 5.086 5.224 5,205 .0.37%
671 Q lmmokalee Road south of corkscrew Silnctuary Road 5.492 6,033 5,348 .11.37'(.
631 Q J & C Blvd west of Airport Rd (CR 31) 12,033 12,157 12,040 11,946 12,131 1.55%
614 A Jane's Scenic Or west or 5R 29 780 902 1,011 998 705 .29.36'10
707 S Kendall Dr west of Collier Blvd (SR 951) 3,033 3.128 3,135 3,470 3,454 .0,45%
609 Q Lake Trafford Rd (CR 890) west of Carson Rd 6.269 6.759 6.547 6,679 6,320 .5.38%
551 0 Lake Trafford Rd (CR 890) west of Norlh 15th 51 (SR 29) 11.482 12.265 ',2,004 12,280 12,337 0.46%
673' Q Livingston Road (CR 881) north of Immokalee Road (CR 846) 3,230 2,840 16,344 475.56%
686 Q Livingston Road (CR 881) north of Radio Road (CR 856l 12,136 16,466 19,083 15.89%
687 Q \.ivingston Road (CR 881) south of Golden Gate Pkwy (CR 886) 14.578 23,314 27,696 18.79%
690 Q Livinston Rd (CR 88t) 1.5 m north of Golden Gate Pkwy (CR 885) 5.192 20,947 29,759 42.07%
587 Q Logan Blvd north of Pine Ridge Rd (CR 896) 10.656 11,358 13,147 11,683 10,094 .13.60%
588 Q Logan Blvd south of Pine Ridge Rd (CR 896) 31,065 31,182 34.207 29,278 29,523 0.84%
654 Q Logan Blvd south ofVal1derbilt Beach Ext,(CR 862} 8,594 9,370 10,964 9,682 8,147 -15.85%
664 Q Main 51 (SR 29) west of South tst St (CR 846) 12,835 13.351 12.944 13,451 '13,627\ 1.31%
658 A Manatee Rd east of Collier Blvd (CR 951) OISC DISC DISC DISC 0 0.00'/0
723 S Manatee Rd east of Collier Blvd (CR 951) 4,255 4,568 4.802 4,310 4,786 11.03%
612 0 New Markel Rd (SR 29A) east of North 15th Sl (SR 29) 7,414 7.875 7,763 8,137 8,633 6.09%
550 Q New Market Rd (SR 29A) south of 8roward 51 7,835 8,259 7.968 7,576 8,405 10.95%
collier County
Average Daily Traffic (ADT) Counts
(Five Year History & Listed Alphabetically)
Agenda Item No. se
October 24, 2006
Page 144 of 273
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4/6;2005
Page 3.8 of 22
Collier County
Average Daily Traffic (ADT) Counts
(Five Year History & Listed Alphabetically)
Agenda Item No. se
October 24,2006
Page 145 of 273
Sta. T' Location 2000 ADT 2001 ADT 2002 ADT 2003 ADT 2004 ADT IChange Q3
04
657 Q Collier Blvd (CR 951) south of lely Cultural Blvd 21,919 25,349 25,016 26,284 29,3651 11.72%
603 a Collier 81vd (CR 951) south of RaUlesnake Ham Rd (CR 864) 24,247 26,5B3 27,713 27,928 31,462 12.65%
557 Q Collier Blvd (CR 951) soulh of US 41 (SR 90) (Tamiami Trail) 29,346 33,422 34.288 34,132 35,556 4.17%
555 Q Collier Blvd (SR 951) east of Bald Eagle Dr (CR 953) 16.504 19.446 18.995 18,914 20,627 9.06%
624 Q CoUier Blvd (SR 951) nonh of San Marco Rd (CR 92) 15,775 16,230 17,721 16,656 18,348 10,16%
708 S Collier 81vd (SR 951) north of Winterberry Dr 9,990 12,271 12,464 12,627 13,056 3.40%
627 Q Collier Blvd (SR 951) soulh of Capri Blvd (CR 952) 22,927 25,399 26,386 26,178 27,814 6.25%
556 Q Collier 81vd (SR 951) south of Marco Bridge (Jolley Bridge) 22,422 25,689 26,493 26,271 27.,743 5.60%
716 S Collier 81vd (SR (51) south of San Marco Rd (CR 92) 15,951 16.311 17,335 17 ,951 18,885 5.20%
710 S Collior Blvd (SR 951) south of Winterberry Dr 10,655 10,192 10,818 11,160 11,035 -1.12%
623 Q Collier Blvd (SR 951) west of Bald Eagle Or (CR 953) 18,1231 19,958 22.664 21,281 23,519 10.52%
520 Q County Barn Rd north of Ralticsnake Ham Rd (CR 864 ) 10,644 10,968 11,266 11,354 11,474 1.05%
641 A County Barn Rd south of CC R&B Facility 16,171 17.\06 14.954 15,005 0 -100.00'10
519 Q County Barn Rd soulh of Davis Blvd (SR 84) 14,005 13,775 13.863 14,124 13,837 .2.03%
559 Q Davis Blvd (SR 84) east of Airport Rd (CR 31) 27,112 30.590 31.084 30,183 30,798 2.04%
558 Q Davis 81vd (SR 84) west or Airport Rd (CR 31) I 2!l,532 33,665 33,104 32,686 33,942 3.84%
601 Q Davis Blvd (SR 84) west of Collier Blvd (CR 951) 21,058 22.830 22.726 22,920 25,969 13.31%
560 Q Davis Blvd (sri 84) west of R<Jdio Rd (CR 856) 11.763 i3,747 14,122 14,200 14,965 5.39%
538 Q Davis Blvd (SR 84) west of Santa Barbara Blvd 27,321 31,917 31.000 30,789 32,S 61 5.75%
638 A Desolo Blvd north of Golden Gale Blvd (CR 876) 929 846 1,180 1,365 1,585 16,12%
639 A Desoto Blvd south of Golden Gate Glvd (CR 876) 027 1,854 1,139 1,522 2,039 33.97%
704 S Elkcam Circle east of Bald Eagle Or (CR 953) 8.173 8,188 8.375 7,756 6,940 -10.53%
705 S ElkcGlm Circle west of Bald Eagle Dr (CR 953) 3,7011 4,632 4,313 4,346 4,586 7.82%
f-- S"IEvergiGldeS 81vo norlh of Golden Gate Blvd (CH !:l'(6) ---
635 3,166 3.57(; 4.448 5,817 6,520 12.08%
635 S Everglades Blvd north of Oil Well Rd (CR 858) 1,882 2,585 3.105 3,974 5,328 34,06%
637 S Everglades Blvd south of Golden Gate Blvd (CR 676) 3,242 3,6491 4.294 4,946 5,672 14.68%
549 Q First SI south (CR 846) south of Main St (SR 29) 11,687 11,943 12,855 12,945 12,866 -0.60%
531 Q Golden Gale BlvO (CR (76) easl of Collier Blvd (CR 951) 17 ,0 54 20,156 20,307 25,368 27,606 8.82%
652 Q Golden Gate 81vd (CR 876) CGlst of Wilson Bivd l' ,067 12.1751 12.4 7 4 15,801 17,190 8]9%
653 A Golden Gale 81vd (CR 876) west of ',3 SI NW DISC. DISC! DISC DISC 01 0.00%
678 Q Golden Gate Blvd (CR 876) west of Wilson Blvd 13.706 14.566 16,805 20,667 ! 23,255 12.52%
508 Q Golden Gate Pkwy (CR 886) eaSI of Airport Rd (CR 31) 28,022 30,027 30,335 28,877 29,836 3,32c/~
691 Q !Goldel1 Gate Pkwy (CR 886) east of Livingston Road (CR 881) 31.140 28,850 0 .100.00%
605 Q Golden Gate Pkwy (CR B86) east of Santa Barbara Blvd 26,988 29.870 30,785 3 i ,042 29,124 .6.18%
507 Q Golden Gate Pkwy (CR 886) west of Airport Rd (CR 31) 43,0621 45,172 44,288 44,592 45,594 2.25~.
510 0 Golden Gate Pkwy (CR 886) west of Collier Blvd (CR 951) 16,851 18,377 18,467 18.640 19,145 2.71%
5301 Q Golden Gate Pkwy (CR 886) west of Goodlelte Rd (CR 851) 25,993 22,441 i 22,112 23. i 19 21,6771 .6.24%
509 Q Golden Gale Pkwy (CR 886) west of Santa Barbara Blvd 27.818 39,391 31.604 29,194 0 -100.00%
5051 Q Goodlelle Rd (CR 851) north of 2211d Ave north 33.444 36,724 35.368 33,093 31,414 -5,08%
1595- Q jGoodlette Rd (CR 851) north of Orange Blossom Or 19,120 22,349 20,522 0 01 0.00%
581" Q !GDodlette Rd (CR 851) north of Pifle Ridge Rd (CR 896) 20,957 25,207 22,055 0 0 0.00%
569 Q IGoodletle Rd (CR 851) soulh of First Ave soulh 24,800 28,989 27.7 76 28,B24 29,084[ 0.90%
lor
Page 3 - 8 of 22
4f6f2005
Collier County
Average Daily Traffic (ADT) Counts
(Five Year History Listed Alphabetically)
Agenda Item No. se
October 24, 2006
Page 146 of 273
Sta. A* T* Location 2001 2002 2003 2004 2005 Change
ADT ADT ACT ACT ADT 04-05
613 H Q 111lh Ave North east of Vanderbilt Dr (CR 901) 8,347 8,493 8,383 9,292 0
585 H Q 111th Ave North west of Vanderbilt Dr (CR 901) 5,437 4,593 4,774 5,500 0
665 A 29 SR north of Farm Worker's Vil1aae 9,704 9,919 9,940 10,131 9,875 -2.53%
591 A 29 SR north of SR 82 7,090 7,601 7,540 8,117 8,335 2.69%
615 A 29 SR north of US 41 (SR 901 (Tamiami Trail E.) 3,025 3,072 3,198 2,591 2,620 1.12%
582 A 29 SR south of US 41 (SR 90) 4,116 3,940 3,679 3,419 3,177 -7.08%
661 A 82 SR west of SR 29 9,632 11,624 11,144 11 ,225 11,531 2.73%
619 Q 846 <oevil's Garden Rd) east of SR 29 3,502 4,242 3,317 3,269 2,853 -12.72%
553 H Q Airoort Rd fCR 31) north of Davis Blvd (SR 84) 47,224 45,883 47,870 50,029 0
501 C Q Airoort Rd (CR 31) north of Golden Gate Pkwy. fCR 886) 50,825 50,748 43,412 42,784 0
693 Q Airoort Rd (CR 31) north of North Road 52,148 55,416 53,860 54,560 1.30%
599 Q Airoort Rd (CR 31) north of Oranae Blossom Dr 48,731 45,664 48,896 46,144 39,444 -14.52%
503 H Q Airport Rd (CR 31) north of Pine RidQe Rd (CR 896) 46,610 44,288 49,634 46,179 0
543 H Q Airoort Rd (CR 31\ north of US 41 (SR 45l(Tamiami Trail) 27,978 27,572 27,919 29,607 0
659 Q Airport Rd (CR 31) north of Vanderbilt Beach Ext (CR 862) 36,183 34,986 35,742 36,331 31,088 -14.43%
552 Q Airoort Rd {CR 31\ south of Davis Blvd (SR 84) 37,914 36,031 37,000 37,895 36,943 -2.51%
533 C Q Alroort Rd (CR 31\ south of Golden Gate Pkwv ICR 886) 58,426 55,412 50,809 53,637 0
554 H Q Airoort Rd (eR 31) south of Immokalee Rd (CR 846) 32,588 31.899 32,518 33,601 0
502 H Q Airoort Rd fCR 311 south of Pine Ridae Rd (CR 896) 51,231 49,877 46,331 46,970 0
521 Q Bayshore Dr north of Week Ave 16,626 16,352 15,377 14,636 14,271 -2.49%
626 A Camp Keais Rd south of Immokalee Rd (CR 846) 2,240 3.089 3,267 3,027 3,854 27.32%
660 A CaDri Blvd west of Collier Blvd (SR 9511 4,652 5,135 4,250 4,276 4,780 11.79%
610 Q Carson Rd north of Lake Trafford Rd (CR 890) 5,688 5,656 5,703 5,927 5,472 .7.68%
618 A Chokoloskee Causewav south of Plantation Parkwav 2,354 2,173 2,209 2,172 2,075 -4.47%
573 Q Collier Blvd (CR 951) north of Davis Blvd (SR 84) 45,100 45,475 46,582 53,866 56,180 4.30%
584 H Q Collier Blvd (CR 951) north of Golden Gate Blvd 16,827 18,042 18,538 18,518 0
525 Q Collier Blvd (CR 951) north of Golden Gate Pkwv (CR 886) 25,945 26,518 27,409 29,570 31,943 8.03%
536 Q Collier Blvd (CR 951) north of Pine Ridqe Rd (CR 896) 28,007 31,031 33,549 35,421 37,304 5.32%
602 Q Collier Blvd (CR 951) north of Rattlesnake Ham Rd (CR 864) 29,939 30,288 31,626 33,926 38,709 14.10%
532 Q Collier Blvd (CR 951) north of US 41 (SR 90) (Tamiami Trail} 21,077 22,828 23,920 21,918 23,061 5.22%
607 Q Collier Blvd (CR 951) south of Golden Gate Pkwv (CR 886) 28,115 22,415 23,232 25,815 29,160 12.96%
655 Q Collier Blvd (CR 951) south of Immokalee Rd (CR 846) 14,149 19,125 19,484 21,796 21 ,792 .0.02%
657 Q Collier Blvd (CR 951) south of Lelv Cultural Blvd 25,349 25,016 26,284 29,365 32,477 10.60%
603 Q Collier Blvd (CR 951) south of Rattlesnake Ham Rd (CR 864) 26,583 27,713 27,928 31,462 34,013 8.11%
557 H Q Collier Blvd (CR 951) south of U5 41 (SR 90) (Tamiami Trail) 33,422 34,288 34,132 35,556 0
627 Q Collier Blvd (5R 951) south of Capri Blvd (CR 952) 25.399 26,386 26,178 27.814 28,598 2.82%
520 Q County Barn Rd north of Rattlesnake Ham Rd (CR 864 ) (County Facility 10,968 11,266 11,354 11,474 9,679 -15.64%
Road Maintenance Facility moved to Davis Blvd.)
641 A County Barn Rd south of CC R&B Facility 17,106 14,954 15,005 0 13,777
519 Q Countv Barn Rd south of Davis Blvd (SR 84) 13,775 13,863 14,124 13,837 13.256 .4.20%
559 Q Davis Blvd (SR 84) east of Airport Rd (CR 31) 30,590 31,084 30,183 30,798 32,083 4.17%
558 Q Davis Blvd (SR 84) west of Airoort Rd (CR 31) 33,665 33,104 32,686 33,942 36,444 7.37%
601 C Q Davis Blvd (SR 84) west of Collier Bivd (eR 951) 22,830 22,726 22,920 25.969 0
560 Q Davis Blvd (SR 84) west of Radio Rd (CR 856) 13.747 14,122 14,200 14,965 16,4 75 10.09%
538 Q Davis Blvd (SR 84) west of Santa Barbara Blvd 31.917 31,000 30,789 32.561 34,781 6.82%
638 A Desoto Blvd north of Golden Gate Blvd (CR 876) 846 1,180 1,365 1,585 2,254 42.21%
639 A Desoto Blvd south of Golden Gate Blvd (CR 876) 1,854 1,139 1,522 2,039 2,324 13.98%
636 S Everolades Blvd north of Golden Gate Blvd (CR 876) 3,576 4,448 5,817 6,520 8,108 24.36%
635 S Everalades Blvd north of Oil Well Rd (CR 858) 2,585 3,105 3,974 5,328 6,491 21.83%
637 S Everqlades Blvd south of Golden Gate Blvd (CR 876) 3,649 4,294 4,946 5,672 5,878 3.63%
549 Q First 5t south (CR 846) south of Main 5t (SR 29) 11,943 12,855 12,945 12,866 13,782 7.12%
531 H Q Golden Gate Blvd (CR 876) east of Collier Blvd (CR 951) 20,156 20,307 25,368 27,606 0
652 Q Golden Gate Blvd (CR 876) east of Wilson Blvd 12,175 12,474 15,801 17,190 19,665 14.40%
678 Q Golden Gate Blvd (CR 876) west of Wilson Blvd 14,566 16,805 20,667 23,255 27,340 17 .57%
508 C Q Golden Gate Pkwy (CR 886) east of Airport Rd (CR 31) 30.027 30,335 28,877 29,836 0
691 C/H Q Golden Gate Pkwv (CR 886) east of livinaston Road (CR 881) 31.140 28,860 0 0
605 Q Golden Gate PkWVICR 886) east of Santa Barbara Blvd 29,870 30,785 31,042 29,124 29,669 1.87%
507 Q Golden Gate Pkwv (CR 886) west of Airport Rd (CR 31) 45,172 44,288 44,592 45,594 44,751 ..1.8570
510 Q Golden Gate Pkwv (eR 886) west of Collier Blvd (CR 951) 18,377 18,467 18,640 19,145 20,501 7.09%
530 Q Golden Gate Pkwv (CR 886) west of Goodlette Rd (CR 851) 22,441 22,112 23,119 21,677 21,942 1.22%
Pages 3-7 of 14
March,2006]
Collier County
A verage Daily Traffic (ADT) Counts
(Five Year History Listed Alphabetically)
Agenda Item No. se
October 24,2006
Page 147 of 273
5ta. A* T* Location 2001 2002 2003 2004 2005 Change
ADT ADT ADT ADT ADT 04-05
509 C Q Golden Gate Pkwv (CR 886) west of Santa Barbara Blvd 39,391 31,604 29,194 0 0
505 H Q Goodlette Rd (CR 851) north of 22nd Ave north 36,724 35,368 33,093 31,414 0
595 Q Goodletle Rd (CR 851) north of Orange Blossom Dr 22,349 20,522 0 0 17,302
581 C Q Goodletle Rd (CR 851) north of Pine RidQe Rd (CR 896) 25,207 22,055 0 0 0
569 Q Goodletle Rd (CR 851) south of First Ave south 28.989 27,776 28,824 29,084 29,288 0.70%
504 Q Goodlette Rd (CR 851) south of Golden Gate Pkwy (CR 886) 38,707 37,364 37,720 38,243 36,207 -5.32%
594 Q Goodletle Rd (CR 851) south of Immokalee Rd (CR 846) 17,368 15,348 12.311 11,806 12,987 10.00%
596 Q Goodletle Rd (CR 851) south of Orange Blossom Dr 24.426 20,193 0 0 21,284
506 Q Goodletle Rd {CR 851} south of Pine RidQe Rd (CR 896) 35,934 33,746 31 .450 29,681 31,521 6.20%
642 Q Green Blvd east of Santa Barbara Blvd 12,153 13,100 13,862 14,261 14,214 -0.33%
643 Q Green Blvd west of Collier Blvd (CR 951) 6,946 7,833 7,893 8,582 8,749 1.95%
583 A Gulfshore Dr south of Bavview Dr 6,543 5,961 5.545 5,723 7,245 26.59%
675 C Q Immokalee Rd (846) east of Wilson Blvd 17,913 21.482 23,577 25,970 0
625 Q Immokalee Rd (CR 846) east of Goodlette Rd (CR 851) 37,278 38,702 40,590 45,385 46,620 2.72%
567 C Q Immokalee Rd (CR 846) east of Airport Rd (CR 31) 30,591 39,031 44,916 46,051 0
593 C Q lmmokalee Rd (CR 846) east of Collier Blvd (CR 951) 19,799 22,138 24.231 23,363 0
568 Q Immokalee Rd (CR 846) east of 1-75 (SR 93) 33,077 34,565 38,579 42.933 45.488 5.95%
566 H Q Immokalee Rd (CR 846) east of US 41 (SR 45) (Tamiami Trail) 40,344 37,742 38,985 42,086 0
620 Q Immokalee Rd (CR 846) north of Stockade Rd 8.529 8.848 8,685 8,217 8,422 2.49%
586 H Q lmmokalee Rd (CR 846) south of Oil Well Rd (CR 858) 12,504 14.950 16.537 16.485 0
565 Q Immokalee Rd (CR 846) west of US 41 (CR 45) (Tamiami Trail) 0 17,305 17.481 18,991 19,168 0.93%
656 C Q Immokalee Rd (CR 846) west of Collier Blvd (CR 951) 16,083 21,489 25,787 27,431 0
672 Q Immokalee Road (846) 2 miles east of Everolades Blvd. 5.125 4,733 4,806 5.661 17.78%
684 H Q lmmokalee Road (CR 846 East) 3 miles east of 29 South New Co 1,382 1,434 0
679 C Q Immokalee Road (CR 846) west of 1-75 (SR 93) New Co 39.775 45,345 0
674 C Q Immokalee Road (CR 846) west of Wilson Blvd 17,900 20.460 21.380 21.277 0
677 C Q Immokalee Road East of EverQlades Blvd 5,086 5.224 5.205 0
671 Q Immokalee Road south of Corkscrew Sanctuarv Road 5,492 6,033 5,348 7,193 34.51%
631 Q J & C Blvd west of Airoort Rd (CR 31) 12,157 12,040 11,946 12,131 12,110 -0. 17%
614 A Jane's Scenic Dr west of SR 29 902 1,011 998 705 655 -7.09%
609 Q Lake Trafford Rd (CR B90) west of Carson Rd 6,759 6,547 6,679 6,320 5,887 -6.85%
551 Q lake Trafford Rd (CR 890) west of North 15th St (SR 29) 12.265 12,004 12,280 12,337 12,435 0.79%
690 C Q livinQston Rd (CR 881) 1.5 m north of Golden Gate Pkwy (CR 886) 5.192 20,947 29,759 0
574 Q Livinqston Rd (CR 881) north of Mediterra 11.281 15.086 33.72%
575 C Q Livinqston Rd (CR 881) north of Pine Ridge Rd (CR 896) 16.409 0
597 C Q Livinqston Rd (CR 881) south of Immokalee Rd (CR 846) 0
576 C Q Livinqston Rd (CR 881) south of Vanderbilt Beach Rd (CR 862) 13,935 0
673 Q LivinQston Road (CR 881) north of Immokalee Road (CR 846) 3.230 2,840 16,344 19,090 16.80%
686 Q Livinqston Road (CR 881) north of Radio Road (CR 856) 12,136 16.466 19.083 22,934 20.18%
687 Q Livinqston Road (CR 881) south of Golden Gate Pkwv (CR 886) 14,578 23,314 27,696 33,209 19.91%
587 H Q Loqan Blvd north of Pine Ridqe Rd (CR 896) 11,358 13,147 11,683 10,094 0
588 Q Loqan Blvd south of Pine Ridqe Rd (CR 896) 31.182 34.207 29,278 29,523 29,925 1.36%
654 Q Looan Blvd south of Vanderbilt Beach EXt.(CR 862) 9.370 10.984 9,682 8,147 8,037 -1,35%
664 Q M ai n St {SR 29} west of South 1 st St {CR 846} 13.351 12.944 13,451 13,627 14,327 5.14%
723 S Manatee Rd east of Collier Blvd (eR 951) 4,568 4.802 4.310 4.786 4,661 -2.61%
612 Q New Market Rd (SR 29A) east of North 15th St (SR 29) 7,875 7,763 8,137 8,633 8,384 -2.88%
550 Q New Market Rd (SR 29A) south of Broward St 8,269 7,968 7,576 8.405 6,993 -16.80%
663 .Q North 15th St (SR 29) north of Lake Trafford Rd (CR 890) 10.368 10,087 11.085 11,565 12,265 6.06%
683 H Q North 15th St (SR 29) south of lake Trafford Rd (CR 690) 16,965 16.969 17,574 16,525 0
590 Q North 1 st St north of Main St (SR 29) 8,133 7,408 7,304 7,977 8,551 7.20%
692 Q North Road west of Airoort Road (CR 31) 2,857 2.474 2,916 3,056 4.80%
645 Q Oakes Blvd north of Vanderbilt Beach Rd (CR 862} 11.537 11,822 12,803 13,920 11,401 -18.10%
682 Q Oakes Blvd south of Immokalee Rd (CR 846) 10,954 11,241 11,598 11,953 9,765 -18.30%
725 S Oil Well Rd (CR 858) east of Big Cypress Elem Sch 4.246 5,340 6,692 6,119 6,788 10.93%
649 C/H Q Oil Well Rd (CR 8585) east of Immokalee Rd (eR 846) 0
547 IQ Old US 41 (CR 887) at Lee County Line 12,553 14,750 14.933 16,312 16,490 1.09%
647 Q Oranqe Blossom Dr east of Timberline Dr 8.287 9,348 9,074 9,646 10,876 12.75%
526 Q Pine Ridqe Rd (CR 896) east of Airport Rd (CR 31) 53,113 51,966 51,986 53,913 55,097 2.19%
514 C Q Pine Ridge Rd (CR 896) east of Goodlette Rd (CR 851) 53,993 50,035 50,867 0 0
628 Q Pine Ridqe Rd (CR 896) east of Livingston Rd (eR 881) 47.494 64,248 35.28%
Pages 3-7 of 14
March. 2006]
Collier County
Average Daily Traffic (ADT) Counts
(Five Year History Listed Alphabetically)
Agenda Item No. se
October 24,2006
Page 148 of 273
5ta. A* T* Location 2001 2002 2003 2004 2005 Change
ADT ACT ADT ADT ADT 04-05
535 Q Pine Ridae Rd (CR 896) east of Loaan Blvd (Santa Barbara) 18,329 19,517 21.625 23,481 24,892 6.01%
512 Q Pine Ridae Rd (CR 896) east of US 41 (SR 45) ITamiami Tr) 38.562 35.446 43,429 37,603 39,369 4.69%
515 Q Pine Ridae Rd (CR 896) west of Airport Rd (CR 3i) 45,988 44.655 45,664 48,034 50.289 4.69%
600 Q Pine Ridae Rd (CR 896\ west of Loaan Blvd 35,028 37,164 39,563 41,965 44,995 7.22%
634 A Plantation Parkway east of CR 29 627 596 642 730 670 -8.22%
544 Q Radio Rd (CR 856) east of Airoort Rd (CR 31) 24.112 22.527 23.677 25,538 26.989 5.68%
589 Q Radio Rd (CR 856) east of Santa Barbara Blvd 15,321 15.851 15,443 17,599 19,456 10.55%
685 Q Radio Rd (CR 856) west of Davis Blvd (SR 84) 10,218 9,976 10,008 11,435 12.750 11.50%
527 H Q Radio Rd (CR 856) west of Santa Barbara Blvd 34,814 24,261 23,858 25,619 0
688 Q Radio Road (CR 856) east of Livinaston Road (CR 881' 26.163 28,593 32.238 32.996 2.35%
689 Q Radio Road (CR 856) west of Livinaston Road iCR 881) 21,809 22,754 25,778 24.455 -5.13%
651 Q Randall Blvd east of lmmokalee Rd (CR 846) 5,181 6.077 7,135 7,882 9,139 15.95%
534 Q Rattlesnake Ham Rd (CR 864) east of Countv Barn Rd 14.294 15,717 14.537 15.586 14,921 -4.26%
516 Q Rattlesnake Ham Rd ICR 864) east of US 41 (SR 90fTamiami Tr) 15,920 15.682 16,703 17,509 18,408 5.13%
518 Q Rattlesnake Ham Rd (CR 864) west of Collier Blvd (CR 951) 7,841 9,087 10,051 10.876 11 ,456 5.33%
517 Q Rattlesnake Ham Rd (CR 864) west of Countv Barn Rd 14,039 14.078 14,852 15,062 15,710 4.30%
648 S SanctuarY Rd north of Immokalee Rd (CR 846\ 849 644 721 745 890 19.40%
537 Q Santa Barbara Blvd north of Davis Blvd {CR 64} 19,826 20,531 20,111 19,821 19,270 -2.78%
529 Q Santa Barbara Blvd north of Golden Gate Pkwv (CR 866) 27.159 28,692 25,749 24,146 24,030 .0.48%
606 Q Santa Barbara Blvd north of Radio Rd (CR 856) 31.052 27,605 27,194 27,692 28,001 1.12%
528 Q Santa Barbara Blvd south of Golden Gate Pkwv (CR 866) 32,954 30,260 28,914 28,471 28,967 1.74%
511 Q Seaaate Dr west of US 41 (SR 45) fTamiami Trail) 17,127 16,848 16,930 16,200 15,819 -2.35%
720 S Shadowlawn Dr north of Davis Blvd (SR 84) 4,703 4,859 4,472 4.005 3.911 -2.36%
523 Q Shadowlawn Dr south of Davis Blvd (SR 84) 7,920 7,676 6,866 6,854 6,432 -6.15%
546 C Q US 41 (SR 45) at Lee Countv Line 32,787 37,790 38,280 38,251 0
564 H Q US 41 (SR 45) north of Immokalee Rd (CR 846) 0 53,446 53,988 54,468 0
562 H Q US 41 (SR 45) north of Pine Ridae Rd (CR 896) 42,102 48,686 49,715 53,026 0
577 Q US 41 (SR 45) south of 99th Ave North 0 47.581 49,071 53,423 51,118 .4.32%
561 H Q US 41 (SR 45) south of Pine RidQ8 Rd ( CR 896) 55,648 54,635 56,497 57,838 0
563 H Q US 41 (SR 45) south of Vanderbilt Beach Rd (CR 862) 0 44,546 46,390 49,739 0
604 H Q US 41 (SR 90) east of Airport Rd (CR 31) 46,774 45,164 46,908 49,091 0
608 Q US 41 (SR 90) east of Collier Blvd (CR 951) 12.552 12,570 0 12,977 15,010 15.67%
545 C Q US 41 (SR 90) east of Davis Blvd (SR 84) 30,800 33.089 33.594 35,118 0
572 Q US 41 (SR 90) east of Rattlesnake Ham Rd (CR 664) 36,312 36,301 36,199 37.973 40.948 7.84%
616 A US 41 (SR 90) east of SR 29/CR 29 5,032 4.661 5,098 4,113 4,360 6.01%
571 H Q US 41 (SR 90) west of Collier Blvd (SR 951) 26,082 27,069 0 27,758 0
Pages 3-7 of 14
March, 2006]
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October 24, 2006
Page 150 of 273
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Agenda Item No, 8e
October 24,2006
Page 151 of 273
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ART .PLAN 4.0
Arterial Level of Service
8ased on Chapter 11 of the 1997 Highway Capacity Manual
Florida Department of Transportation
Systems Planning Office - May 2000
Agenda Item No, 8e
October 24, 2006
...... "
111thAve
From: Gulfshore Dr
To; US 41
User Notes: Default Study Period: PM PEAK
K Factor: 0.092 0 Factor: 0.560 PHF: 0.950 Adj. Sat. Flow Rate: 1,900
Arterial MDT: 11,301 Posted Speed: 35 mph Section Length: 1.52 mi.
Area Type: Urbanized Art~rial Class: 2 Signal Type: Semi actuated
Peak Direction Maximum Service Volume
A B C D E
level of Service D MDT N/A NfA 8,800 15,400 15,400
PHV NfA N1A 450 790 790
Arterial Speed 20.3 mph -
~, No Cycle Length Arrival Flow vie Control Int. L1n;;
From To MDT PHV Turns Lanes Length glC IIeetl Tome Rate Ratio Del;!v LOS Speed LOS
Gul(shore Vanderbilt D 11301 614 ,12. 1,0 120 0.44 274<5 3 568,8 0.68 29,4 C 21.0 0
Vanderbilt D US41 11301 614 r 45 J 1,0 150 0,23 5280 3 355.5 0,81 65.4 E 20,0 D
\..../
Off.Peak Direction
Level of Service C
Maximum service volumes are not
Arterial Speed 24.5 mph calculated for the off-peak direction,
% No Cycloe L~ngth ^,rival Flow vie Control Int. link
From To MDT PHIJ Turns Lnnes Length glC le~ll Type Rate: R:ltio Dela" LOS Spoe~d LOS
T
I
!
I I I T
I I I I I
l I I T I I
I I I I I I I I I
US 41 I Vanderollt 0 I 11 301 482 12 1,0 I 120 0.44 52&0 3 446,5 0 53 26.6 C I 26,1 C ~
! V~(:derbiit D I. Gulfshore I 1130 1 . 482 I 12 11,0 I 120 0.44 2746 3 1446 5] (1 F>3 26,6 C I 22,11 c
Printed:12/02l2002 09:22:38 AM
ART .PLAN 4.0
Arterial Level of Service
Based on Chapter 11 of the 1997 Highway Capacity Man u al
Florida Department of Transportation
Systems Planning Office - May 2000
Immokalee From: US 41
User Notes: Default
K Factor: 0.092 0 Factor: 0.568 PHF: 0.950
To: Airport Rd
Study Period: PM PEAK
Adj, Sat. Flow Rate: 1,900
Arterial MOT: 41,560
Area Type: Urbanized
Posted Speed: 45 mph Section Length: 2.00 mi.
Arteri91 Class: 1 Signal Type: Semiactuated
Arterial Speed 22.3 mph
Maximum Service Volume
A B C D
,
AADT l N/A N/A 14,400 47,800
PHV N/A NfA 750 2,500
No Cycle Length Arrival Flow vie Control
E
50,500
2,640
Peak Direction
Level of Service D
2_
I
From To MDT PHV urns Lanes Length 9 (feet) Tvpe Rate Ralio Delav
US 41 Creekside 41560 2172 5,0 3,0 150 0.44 2165 3 2172 0,86 40.4 0 19,0 E
Creekside Goodletle 41560 2172 21.0 (,3. 150 0.44 1848 3 1806 0,72 35,1 D 18.8 E
Goodlelte Palm River 41560 2172 13,0 3 150 i 044 3696 3 1989 0,79 37.8 D 25,2 0
Palm River I Airport 41560 2172 24,0 ',-(3 150 0.44 2851 4 1738 0,69 29.5 C 24,9 D
"~;
, - -,
!
I
%
T
Ie
In!. Link
LOS Speed LOS
Off-Peak Direction
Level of Service D
Maximum selVice volumes are not
Arterial Speed 25.6 mph calculated (or the off.peak direction.
'f, No Cycle Length Arrival Flow vie Control Int. link
from To MDT PHV Tums Lanes Length giG (feet) Type Rate Ratio Delay LOS Speed LOS
I I
I
i I
I
I
Airport I-'<llm Klver 41560 1652 12.0 3 I 120 0,44 2851 3 1530 0.61 26,5 ! C LoA 0
Palm River Goodlette 41560 1652 12,0 3 120 044 3696 3 1530 0,61 26,5 C 29.0 C
Goodiette ~reeKS1(je 41560 1652 12.0 3 ,20 0.44 1848 3 1530 0.6i 26,5 C 21.9 0
Creekside US 41 41560 1652 12 3.0 120 044 2165 3 1530 o Fi 1 26,5 C 23,6 i 0
Printed:08/12/2003 01 :59:48 PM
:LO JL , I(
ART ..PLAN 4.0
Arterial Level of Service
Based on Chapter 11 of the 1997 Highway Capacity Manual
Florida Department of Transportation
Systems Planning Office - May :2000
Agenda Item No, Be
October 24,2006
r
US 41
From: Vanderbilt Beach
To: Immokalee
User Notes: Default
K Factor: 0.092 0 Factor: 0.530
PHF: 0.950
Study Period: PM PEAK
Adj, Sat. Flow Rate: 1,900
Ar.erial MDT: 50,956
Area Type: Urbanized
Posted Speed: 45 mph Section Length: 1.50 mi.
Arterial Class: 1 Signal Type: Semiactuated
Peak Direction Maximum Service Volume
A B C D E
Level of Service ERR MDT NfA N/A 16,100 45,200 46,400
PHV NfA N/A 780 2,200 2,260
Arterial Speed ** mph
.
./. No Cycle 1..ength Arrival Flow vIe Control In!. LInk
From To MOT PHV Tums L1nes Length glC rf~t) Tvoe Rate Ratio Oelay LOS Spew LOS
VanderBeachR PeijcanMarsh 50956 2620 9 3.0 120 0.46 4013 4 2510 0,95 28,7 C 28.1 C
PelicanMarsh 107th Ave 50956 2620 2 3,0 120 0.48 1954 4 2703 0,98 29.8 r. 20.7 E
107th Ave Immokalee 50956 2620 32 3,0 150 0,27 1954 4 1875 1,21 1538 F 7.0 F
~
Off-Peak Direction
Level of Service D
Maximum service volumes are not
Arterial Speed 23.3 mph calculared for the oft-peak direction,
., No Cycle Length Arrival Flow vIe Control In!. Link
" Sp.ed
From To MDT PHI} Turns Lanes LenClth glC (re,~t) Type Rate Ratio Del~'I 1.0S LOS
1 I
I I 1 I
I I I I
I I I I I
I I 1 1 I I Ii
I I 1 I 1 II
I Immckalee I 1 07ln Avo: I 50956 2323 12 13,0 120 0,44 I 19541 3 2152 085 31,9 C 120.2 E
I 1071h A'le I Pellcar,Mars01 I 50956 2323 12 I 3.0 120 OA4 is-54 3 2152 C1 85 31,9 C 20,21 E II
I PelicenMarsh 1 Var.derBcechR I 50956 I 2323 , 12~ 120 0.'\1 4--;)i3 3 215? n p,c:; 31,9 C 27.4 C II
I , , -
Printed :12/02/2002 '11 ;17: 16 AM
::.co 4:: (I 0>
ART-PLAN 4.0
Arterial Level of Service
Based en Chapter 11 of the 1997 Highway Capacitylvlanual
Florida Department of Transportation
Systems Planning Office - May 2000
Agenda Item No, Be
October 24, 2006
......
US 41
From: Immokal ee
To: Wiggins Pass
User Noles: Default
K Factor: 0.092 D Factor: 0.530
PHF: 0.950
Study Period: PM PEAK
Adj. Sat. Flow Rata: 1,900
Arterial MDT: 56)904
Area Type: Urbanized
Posted Si=Jeed: 45 rr,ph Section Length: 1.50 mi.
Arterial Class: 1 Signal Type: Semi actuated
Peak Direction
A
Level of Service D MDT N/A
PHV N/A
Arterial Speed 26.2 mph
% No Cycle
Maximu'm Service Volume
8 c D E
26,200
1,280
59,400
2,900
62,100
3,030
62,100
3,030
Length Arrival
flow vie Control lot. Link
Rate Ratio Delay LOS Speed LOS
2863 0,67 0.9 A 37.0 B
2679 0,97 30.4 C 28.1 C
2494 1,01 36.3 D 18.1 E
il
B
From To AADT PHV Turns Lanes Length glC rreet) Tvoe
Immokalee Main House 56904 2925 7 3,0 150 0,74 1742 4
Main House Imp Golf Cou 56904 2925 13 3,0 100 0.48 4330 4
Imp Golf Cou Wiggir.s Pass 56904 2925 19 3.0 100 0.43 1843 4
I l
Off~Peak Direction
Level of Service D
Maximum service volumO?s arc not
Arierial Speed 22.2 mph calculated for/he oft.peak direcoon,
., No Cycle L~ngth Atrival Flow vie Cor-trol InL Link
/, Sp~~d
From To AADT PHV Turns Lanes Length g/C (reet) Typ~ Ra~e Ratio Delay LOS LOS
- I I I I I I I I
I I I I I I I I I I
: I 1 I I I I I
I I I L-. I I I I
I, I I I I I I I I I
I I I t I I I ij
I \Niggins P<!ss I Imp Golf Cou j 56904 2594 12 f 3,0 I 120 O.~4 I 1e431 :3 2403 0.95 35,2 0 118.6 E I
Imp Golf Ccu I f',1~ln Ho'.;se I 56904 2594 12 I 3.C 120 0.44 I C:;G I 3 2403 0 95 35,21 D I 27.0K-i1
I Ivlcin House I Immokale~ I 56904 2594 12 I 3.0 120 0,44 I 17.:2 I 3 ').1031 n 95] 35,2" D I i8,0 E I
-- ---
Printed:12/02/2002 11 :14:56 AM
fo{/V
Agenda l\eMo, 8~
Octob~ ~
.t' ..,...,.,..
ART .PLAN 4.0
Arterial Level of Service
Based on Chapter 11 of the 1997 Highway Capacity Manual
Florida Department of Transportation
Systems Planning Office - May 2000
Goodlette Frank Rd
From: Vanderbilt Beach
To: Immokalee
User Notes: Default
K Factor: 0.092 0 Factor: 0.610
PHF: 0.950
Study Period: PM PEAK
Adj. Sat. Flow Rate: 1,900
Arterial MDT: 15,500
Area Type: Urbanized
Posted Speed: 45 mph Section Length: 1.60 mi.
Arterial Class: 1 Signal Type: Semiactuated
Peak Direction Maximum Service Volume
A B C D E
Level of Service C MDT NfA 12,300 16,900 16,900 16,900
PHV NfA 690 950 950 950
Arteria! Speed 31.6 mph
% No Cycle Length Arrival Flow v'e Control In\. Link
From To MDT PHV Turns Lanes Le"glh glC (feet) Ty~_ Rate Ratio Delay LOS Speed LOS
Vanderbilt B Immo~alee 15446 867 12.0 1 120 0.44 8448 3 803.1 0,96 39.5 0 31,6 C
-
Off-Peak Direction
Level of Service B
Maximum service volumes are not
Arterial Speed 35.0 mph calculated for the off-peak direction.
'10 No Cycle Length Arrival Flow vie Control Int, Link
From To MOT PHV Turns Lanes Length glC Ifeet) Type Rate Ratio Delay LOS Speed LOS
Immokalee Vanderbilt B 15446 554 12,0 1 120 0.44 8448 3 513.2 o R1 2B,3 C 35,0 B
Printed :08/11/2003 04: 14:56 PM
Agenda Item No, 8e
October 24, 2006
Page 157 of 273
APPENDIX A
INITIAL MEETING CHECKLIST
Suggestion: Use this Appendix as a worksheet to ensure that no important elements
are overlooked. Cross out the items that do not apply.
Date: 11/21/2005
Time: 9:30am
Location: Collier Countv Planning Conference Room (Trans. Ops.) SMD Suite
People Attending:
Name, Organization, and Telephone Numbers
1) Reed Jarvi, P,E.-Vanasse & Davlor, LLP 437-4601
2) Nick Casalanquida-CC Transportation
Studv Preparer:
Preparer's Name and Title: Reed Jarvi, Vice President
Organization: Vanasse & Daylor, LLP
Address & Telephone Number: 12730 New Brittanv Blvd, Suite 600
FOlt Myers, FL 33907 (239) 437-4601
Reviewer(s):
Reviewer's Name & Title: Nick Casalanquida
Collier County Transportation Operations and Plan Review Department
Reviewer's Name & Title:
Organization & Telephone Number: _
Applicant:
Applicant's Name: Mr. Dave Borden, Ban'on Collier Company
Address: 2600 Golden Gate Parkway, Naples FL 34105
Telephone Number: via fax 239-8017
Proposed Development:
Name: Naples Daily News
Location: Southwest corner ofImmokalee Rd & Creekside Way intersection
Land Use Type: Light Industrial
ITE Code #: LU 110
Proposed gross floor area: 400,000 SF LV 110. Use Highest & Best Use of Property
Oth er:
Description:
This project is within the boundaries of the Northwest TCMA and is therefore
potentially subject to a proportionate share fee of up to 15% of the Road Impact
Fees and TDM strategies. Need to identify potential offsite non-site related traffic
improvement projects on which to use the proportionate share fee.
t, iP..,~);::.i';~C~?~:~ O:;~13Si 'fro!,';, ',:'ia~-! i,'t.; :'1,;1, '~:~'., :'\;"
Agenda Item No, 8e
October 24, 2006
Page 158 of 273
Zoning
Existing: Planned Unit Development (PUD)
Comprehensive plan recommendation: Urban
Requested: Planned Unit Development (PUD)
Findings of the Preliminary Study: Trip Generation: The site is proiected to generate 49
entering and 360 exiting PM Peak new trips.
Study Tvpe:
Complete
~
o
Traffic operations
o
None
Study Area:
Boundaries: US 41. Goodlette-Frank Rd. 1mmokalee Rd. Creekside Way (Exhibit 1).
Additional intersections to be analyzed: US 41 & lmmokalee Rd. Goodlette-Frank Rd &
Immokalee Rd (Exhibit 2)
Horizon Year(s): 2008
Analysis Time Period(s): Weekday PM
Future Off-Site Developments: Nt A
Source of Trip Generation Rates: Institute of Transportation Engineers (ITE) Trip
Generation (7th Edition)
Reductions in Trip Generation Rates:
None: Nt A
Pass-by trips: Institute of Transportation Engineers (IT E) Trip Generation Handbook. 2nd
Edition. June 2004.
Internal trips (PUD): Institute of Transportation Engineers (ITE) Trip Generation
Handbook. 2nd Edition. June 2004.
Transit use: NJA
Other: N! A
Horizon Year Roadwav Network Improvements Committed: Immokalee Rd SIX-
laning from US 41 to 1-75
Methodolof!Y & Assumptions:
Non-site traffic estimates: N/A
Site-trip generation: ITE TriP Gen~on (71h Edition)
Trip distribution method: Manual method per attractors/generators in the area.
Traffic assignment method: manual
Traffic growth rate: Traffic Count Segment Proiections
! :, n;:; ;t.,~t';~_fJ ,}Y,J: :;; ~ S'i Tm.'I;~)30tJ '.i I.?~'';!, ;;\ ''';'J _ ri ~~~'
. '
Agenda Item No. Be
October 24, 2006
Page 159 of 273
Special Features: (from preliminary study or prior experience)
Accidents locations: N/ A
Sight distance: Adequate
Queuing: N/ A
Access location & configuration: One full movement access point onto Creekside Way
Traffic control: Unsignalized, however, the lmmokalee Road/Creekside Way intersection
is Signalized.
Signal system location & progression needs: NI A
On-site parking needs: Adequate
Data Sources: Collier Co Traffic Counts and Florida Transportation Engineering, Inc.
(FTE) Traffic Counts
Base maps: Roadway Network
Prior study reports: NI A
Access policy and jurisdiction: Collier Co
Review process: PUD
Requirements:
Miscellaneous:
N/A
---------------------------------------------------~-----------
---------------~-----------------------------------------------
SIGNATURES
Study Preparer
Reviewers
Applicant
! ';C'(:':,'C!;.:C'.';;':J:;-;!:;S; i Iii!;":':; 3':J;]j;;!, :')!'!/~;l ,',_~~,
~ : :~3PM ' _ ,Agenda It~rn No, 8e
i,/';"",' . .' .~ ~..\ iJ :;: ,!::: ' ~,~ : : Odobe!r:24, 2006
Page 160 of 273
Florida Transportation Engineering, Inc,
8250 Pascal Drive, Suite 101
Counter: 2084/2131 Punta Garda, FL 33950 File ~3ffiC : GFR@lmm
CounleU By' TavilK.enny PM (941) 639 2818, Fttx# (941) 6394851 Site Code : 0000113 t
Weather" Good S\llJ"lDa\~ : 12!11!2003
Other~ 103014-33 Pag.e NO ' I
Goodlene Fn\nk Road Gro'\lps Pri,Q!;~d.:- Cars, Trocks & Peds ..u__.
I lmmoka1cc: Road i Goodlettc Frank Road ImmoKalcc Road
Southbound Westbound I NOl'thbol,lnd Eastboulld I
I
St<lrt Time i Right I. ~I \ Coft \:""-l~d T1""! Left l I I--~-~"-'I I ";r:1' Lel'L'1 l'W~l
PedS! Right I T1lru I Lell PtdS Right!
I I
07:00 2 2 9 (l ) 2. 220 55 0 14 10 23 01 26 136 n 0
07:J5 13 6 9 0, 20 253 69 0 13 12 42 0' 40 )21 15 4
07:30 19 6 14 0\ 26 316 73 1 R ... ?.l 01 29 163 20 0:
,
07:45 14 3 16 ,0 i.. 38 367 H9 O. 21\ 23 ~O Oi 37 197 41 Oi
Total 48 17 "4&' (Ii 96""ilSC, 286 " ) i 55 52 136 01 1 ~') 617 89, 4
.:l_
08:00 17 7 17 ~\ 32 424 110 0' 2A- 17 44 0\ 24 172 31 1 ' 920
08~ 15 14 4 15 44 369 71 n I 45 12 4t{ ~ \ :11 216 33 O. 902
08:30 23 15 13 2R 354 6~ 38 II SO 'J:' 216 26 0' 876
0 vJ
Oil:45 17 g 16 30 422 44 0 49 18 61 0, 28, 252 ' 30 ,., oi 975
Tt1tlll 71 34 61 01 l?>4 1569 293 0 156 58 -2()3'" , "-j \ 1 1(; gS6 no 1 I 3673
....'" BREAK H"
1(,:(10 32 18 46 0' 17 331 44 01 76 13 71 0' 54 379 IS 0: 1096
16:15 17 10 18 0\ 17 374 50 01 (>4 5 67 0\ 31 3X1 S lI' 11l3<)
I
16;30 10 13 28 0 14 325 4(1 (I' H4 2 60 Oi 45 359 S V' <;85
16:45 20 II 36 () 10 327 44 01 83 5 67 01 40 :\70 9 0: 1022
--Total -.'79 52 12'~--~ -- () 5!l. 1:'>~7 178 01 307 - 25 265 01 \70 1489 34 0, 4142
\7:00 13 14 45 01 14 300 67 ~\ 91 2 70 0\ 36 .~74 11 o~ )043
17; 15 4 5 24 ~I 9 332 :Ill x~ 10 :S\ ) I 108 338 7 \ i 1017
17:30 11 12 20 \ S :Ill:( 43 01 ~9 5 69 6 60 370 S I; 1024
\7:45 10 12 12 01 7 323 46 0: 103 '7 52 2 \ 49 395 3 0: 1021
'f'~lni'-.'" ~l:\ 43 101 01 45 1273 194 01 378 24 242 9\ 253 1477 '26 2; 4105
Gr~nd Total 236 146 338 ().~ \ 333 5355 ':151 O,~ I 1:96 \5') ~46 loi 671 4-1'39 269 O,~ \ 1/.057
Apprch % 32.8 20,3 4(',9 S.O flO.D 14.3 46,9 8.3 44,3 0,5 \ 12.5 82.4 5,0
Total % l() 1 () 23 0,0 23 365 6.5 00 61 1 1 58 o l, 4.6 303 18 00
Goodlette Frank Road I 1roml.'ka1cc Road ! GoodlcttcFiankRoad I mmoka1cc Road~
J,o.ll,thP,o.und i :w..c.s.tb.o)J.ru:l...--.-J~OJ.tb})f)Jl')rl E%t\;J,Q).It:1.ci
Righ Thrv I Left I App, i Righ Thru .L ,~~ft ,\ App, I Righ \ Tb'11 1 i 1'\ i L ft: App.' 1m, I
SIOJ"l Time t. Left i llui e: T' l' T' I'
! Total, ,t Totol: t i ,I I .___~ __, ~ ...L_. ~ o~'~_""_ _, _.,:!_l..~_ i
Peak Hour From 07:00 (0 08:45 . Peak I of 1
3;<-08"0'0 Ci87(j(i
Approoc1.\
o ume 106 i )34 156 2
Percent : 6.7 736 147 I 37.4 139 784
High In!. ! 0800 ,OS045
Volume 15 13 51\ 32 424 110 5661 4':1 n: 61 \n 252 }O ~,10 \
Pcok Factor o X14" 0882 \ OS 14 0881
i 17'00
! )7'00
1:2.& 259 ! 5X 1357 In 15')3 i :m 24 242 644 253 1477 26 1756\
4':1.4 H 852 112 1 58,7 37 376 14.4 34 J 15
16-15 17'00 11715
18 374 1 1(;9\ lOP. 338 453
46 96 17 50 441 : 97 2. 70 7
o 6i4 0.903. o 9S.~ 0%':1
Agenda Item No, 8e
....,.. ::, ~(\~):~ i ~. : ~I SP?(\ .' _ . , _ OctQber 24, 2006
t..-;;..' I:.' fi ,).~ 'j ):; Page 161 of 273
Florida Transportation Engineering, Inc,
8250 Pascal Drive, Suite 101
Counter: 2073/2139 Punta Gorda, FL 33950 file Name : US 41@puuno
Counted By' Jerumctrr.1vis Ph# (941) 639281 g, Fax# (941) 639 4851 Site Code : 00002073
Weather. Good Start Date : 12/912003
Other' 103014-33 Page No ' 1
GrOll s Printed- 1 ' C~, Tnlck; & Peds
i US 41 lmmokalce Road I US4) Inunokalee RDad
i __,_~~~~2.~nd Westbound Nor1hbouml Eastbound
i ~n: ! .'~~ft I 1nt.!
L,~~,!,~1~1 Rjgl~tt.~hru I I I I ! ,
Peds Right Left! Peds; Ril1ht i Thru i Left i Peds 1
I - I I 'roUll,
."__"'_" l........ 990-
(>7;nO 7 :;lJ 61 9S 21 28 21 0: III 43 22 ~I
07:15 20 382 75 101 1\ 3R 20 01 15 49 23 1151
07:30 2'/ 499 115 In ul 38 39 0, II 59 36 ' O. 1571
07:45 28 553 102 ., ~~~~-*1~~ -w~ '-I ~}--~ 24 70 33 0: HiC}6
Toml ., "'h 1747 353 68 221 114 ()'j -.. 540~
08:00 42 533 160 il 1 182 \(;3 2X4 01 47 200 36 01 31 72 42 0: 1793
I
08:15 37 469 230 187 74 210 o SO 231 29 01 52 10[ 45 o i 17l.5
08:30 21 4RO 25g 01 201 14S 253 o 65 219 38 o i 35 65 50 0 11<;30
08:45 32 349 252 o! 199 13J..,... 255 51 38 194 52 oj 26 87 38 0 1658
Total 132 1831 900 1 ! ?G9 513 1002 . '.51"200 844 155 01 l44 325 175 01 6996
"u BP-.EAK ....."
16:00 20 344 240 ~ I 201 142 135 b I 911 444 6{) 0 22 102 53 o! 1870
I
16:15 24 397 272 188 171 173 82 343 <:19 0 2S III 66 0' 1904
16:30 35 362 272 ~ I 27..7 :84 i57 0, St 362 67 0 41 107 39 01 ]935
16:45 39 3117 227 184 117 146 01 89 395 51 O! 40 129 (,3 O! 1X67
Total ----J 1 is 1490 I all 01 800 61,1 611 0' 351 1544 227 o j-'131' 449 221 "-if 1 7576
. I
17:00 46 324 215 OJ 198 l78 \61 0: /3 36i 67 0\ 60 IS] 75 01 1909
17:15 49 413 309 01 224 l02 176 0 107 454 :L_~ 31 102 66 0, 21/5
17:30 30 307 7.32 0' 194 1.92 179 0 90 388 20 94 52 0: 1907
17:45 21 389 2S2 01 218 169 178 0 81 399 21 1)5 (,0 0; 1962
TQUll 146 1493 1038 01 334 72] 694 '01'''35'1 lW2 247 0 I 132 4'12 253 Oi 7953
Grand TOlal 478 6561 3611 2 I 301~ 2201 2853 11 i 1060 4708 745 0' 475 1437 763 01 27933
Appl'ch % 4.5 61.6 :13,9 O,{) 37,3 27.2 35.3 I 16.3 72,3 11.4 I 17.8 537 28,$ (),O I
0.3 i 0,0 i
'{'oml % 1 7 235 J29 00 J08 79 \02 01, 38 169 27 00 i 17 51 27 O()
US 41 '-1 r;:;;illokalcc Road I US41 I Immokalee Road ;
'"l- S,o)Jthbouud ~esili.Q>l(ld ~M,t;t\1b.9,lJ,'i',c,l L:.~i!..h.9}2.n(,-----L
, ! Rrlth i I Lcf1 ! App,! Righ I ~1 I L it I _d. -I"',' , Left ! - ~~'rgl\ i , Lei'! ! ^pp, ! Int. :
TIuul !\pp, I Rq~h I 1:\(u I Thru!
i Stllrt TJme ". T II 1lJ1l1 e, Total! I, 1 T()t~l i TN.:II!
t,
Otl) : _ [I ...__..,__ I , Total t, i I
Pc:\k Hcmr From 07:00 to 08:45 . Peak 1 of I
B.Y-OT4) i 0'8"'0'0 , _--L.. _. _'_"._"md
A . i 0'7':'4'5 : 08'00
Volume 12l\ 2035 873 3036 769 513 1002. 2284 i 216 &50 139 120.5 ! 144 325 175 M4
cn,;ent 4,2 670 238 33,7 225 439 117,9 70,S II S 22.4 50S 272 I
High bt. 07:4 5 Og,OO ()~U{l 108:15 I
Volume 28 553 225 806 1l\2 16:> 284 6291 65 219 38 322 52 IOl 45 198 :
Peak FaCEOJ' O'N2 0.908 : 0936 0813 ;
P,;ak He>ur Fl\)m 16'00 to 17'45. Peak 1 of 1
By 1630 117'00 i J 6'45
AD roach ,
Volum~ 1<19 14gb 1023 21in' ~34 72) 694 2249 : 359 1598 249 2206
l'ercen t 6.3 55.5 382 37.1 321 309 16.3 724 ! 1 :;
High In!. 17' 15 17'15 , 1/'15
Volume 49 413 309 77J 224 '182 )76 5/(2 : J07 454 62 62:; :51 75 236
Peak FactDr 08(,8 U9(,6 0885 0,795
Agenda Item No, 8e
October 24,2006
Page 162 of 273
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Agenda Item No, 8e
October 24, 2006
Timing Plan: 2<ft"19"~B~003
Naples Daily News Zoning TIS
Lanes, Volumes, Timings
I: Immokalee Rd & US 41
.,/
+
\..
t
'-
I'"
/'
.olt-
"\
.f
--+- "t
t~#~'{GW6ti6lfM)id?rM;;ki~~liii;:t~;~iY{:rii;;t;i'E'Bfrit;;,\j:;'I:irEB1iXMWm:EB[(i);W!J,'MlBiJ~0,0~!rWB1fifiMfi;WBftY;;~*;!;'i:(igGPilJ~W!NBT;f{>fr!{::;:NfiJRt.:;iIfi:1li!:s~ii3.;~\il?i~!~,san~'h\fi;ii'SBR
Lane Configurations "l ++ ." 'i"l ++ ." "l'i +++ ." "i"i +++ ."
Total Lostrime(s) 4.0 4,0 . 4,0 4.0 4.0 4.0...4.0 4.0 ..' 4.04,() 4.0" 4.0
Satd. Flow (prot) 1770 3539 1583 3433 3539 1583 3433 5085 1583 3433 5085 1583
Fit Permitted 0.950 0.950 0.950 0,950
Satd. Flow (perm) 1770 3539 1583 3433 3539 1583 3433 5085 1583 3433 5085
Satd. Flow (R-TOR) 3 122
Volume (vph) 440 150 610 630 730 2070 470
PeakHoor Factor 0,92 0.92 0.92 0.92 0.920.92 Q,92
Lane Group Flow (vph) 478 163 663 685 793 2250 5 II
Turnrype pm+ov Prot pm+ov pm+ov
Protected Phases 4 5 3 8 I 2 3
Permitted Phases 4 8 2
Total Split (s) 19.0 22.0 26,0 26.0 29.0 46.0 26.0 56.0 26.0
Act EffcfGreen (s) 15.0 18.0 44.0 no 25.0 71.0 22.0 .' 52.0 78,0
Actuatedg/CRatio 0.10 0.12 0,29 0,15 0.17 0047 0.15 0,35 0.52
vfc Rati6 . 1.291,12 0.35 1.32 1.16 1.05 0.69 1,28 0,62.
Control Delay 216.0 139.9 43.6 203.5 14304 84.1 68.7 169,1 29,5
Quelle Delay 0.0 0.0 0,0 0.0 0.0 0.0 0.0 0,0 0.0
Total Delay 216,0 139,9 43.6 203,5 143.4 84,1 68.7 169,1 29.5
LOS F F D F F F E F C
Approach Delay 141,8 140.0 (34.9
ApproachLCl$ F F F
Queue Length 50th (ft) -283 -283 124 -429 -416 -837 169 -1016
Queuel.i:mgth95th eft) #460 #402193 #556 #545 #1094 .225 #U05
Internal Link Dist (ft) 1584 2097 1248
Turn BaYLiangth(ft) 350 190 475 ..' 475 550
Base Capacity (...ph) 177 425 466 504 590 756 504
Starv3.tionCap Reductri 0 0 0 0 0 0 0
Spillback Cap Reductn 0 0 0 0 0 0 0
Storage Cap Reductn 0 0 0 0 0 0 0
Reduced vlc Ratio 1.29 1.12 0.35 1.32 1.16 1.05 0.69
1583
25
200
0.92
217
1790
0.92
1946
1230
0.92
1337
Prdt.
I
pr'n+ov
7
6
19,0
91.0
0.6\
0,2.2
12.4
0.0
12.4
B
6
76.0
72.0
0048
0.80
36.0
0,0.
36,0
D
105.8
F
577
640
1040
46.0
42.0
0.28
1.39
222.5
0.0
222.5
F
81
125
-895
#1033
344
471
675
961
o
o
o
1,39
900
824
o
o
o
0.62
970
o
o
o
0.22
2441
o
o
o
0.80
1763
o
o
o
1.28
Cycle Length:.' SO .
Actuated Cycle Length: .150
Offset: 0 (0%), Referenced to phase 2:NBT and 6:SBT, Start of Green
Control T ype:Pretlr'ned
Maximum v/c Ratio: 1.39
Intersection Signal Delay: 126.1
Intersection Capacity Utilization 118.0%
Analysis Period (mirl)15
- Volume exceeds capacity, Queue is theoretically infinite,
Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, Queue may be longer,
Queueshowl'lis maximum after two cycles.
Intersection LOS: F
ICU Level of Service H
I: Immokalee Rd & US 41
t 02
S tits and Phases:
~ 01
+
~ 05
06
Synchro 6.0 Report, Page I
1:\Projects\809\80938\ T raffic\SYNC H RO\8093 6 PMBKD _ 02,sy 7
Optimized Timings. Existing Geometry
Vanasse & Daylor. LLP
Agenda Item No. se
October 24, 2006
Lanes. Volumes, Timings Timing Plan: 2<f19gp~B~~
3: Immokalee Rd & Goodlette-Frank Rd Naples Daily News Zoning TIS
,I- ~ "') f +- '- "\ t ~ \. ~ .;
il~W~;Gfd8B(,:)F!\;;i;t!~iMii:iiW!,; ;\"i~;lEBlli';i.{:;; XEBT;iSyg';Ei?'~; iWBLii"WBTi!K,XWBRi8i; ,/NBL .;;fii(NBT~)!:W~;'NBR&fi.f;;i~~:1SBill;;!)!;I;K~SBTi%;M;t*QSBR
Lane Confi,gurations "'i +++ '(i "'i +++ '(i "l + 71 "l t+
T ota! Lost Time (Sl 4,0 4,0 4.0 4.0 4,0 4.0 4,0 4,0 4,0 4.0 4,0. 4.0
Satd. Flow ( prot) 1770 5085 1583 1770 5085 1583 1770 1863 1583 1770 1690 0
FIt Permitted 0.950 0.950 0,950 0.950
Saw. Flow (perm) 1770 5085 1583 1770 5085 1583 1770 1863 1583 1770 1690 0
5atd, Flow (RTOR) 330 76 196 44
Volume (vph) 40 2190 450 220 1690 70 300 30 470 130 50 80
Peak Hour Factor 0.92 0,92 0.92 0.92 0,92 0.92 0.92 0.92 0.92 0.92 .0.92 0.92
Lane Group Flow (vph) 43 2380 489 239 1837 76 326 33 51 I 141 141 0
Turn Type Prot Perm Prot Perm' Prot Perm Prot
Protected Phases 7 4 3 8 5 2 I 6
Permitted Phases 4 8 2
Total Split (s) 13.0 72.0 72.0 24.0 83.0 83.0 32.0 38,0 38.0 16,0 22.0 0,0
Act Effct Green(s) 9,0 68,0 68,0 20,0 79,0 79.0 28,0 34.0 34.0 12,0 18.0
Actuated ,g/C Ratio 0.06 0.45 0.45 0,13 0.53 0.53 0,19 0.23 0.23 0.08 0.12
vlc Ratio 0.41 1.03 0,54 1.01 0,69 0.09 0.99 0.08 1.00 0,99 0,58
Control Delay 79,8 67,8 I 1.2 124,8 28,0 3,7 106,5 46.4 75.4 140,9 53.1
Queue Delay 0,0 0.0 0.0 0,0 0.0 0,0 0,0 0,0 0,0 0,0 0.0
Total Delay 79.8 67.8 I 1.2 124,8 28,0 3.7 106,5 46.4 75.4 140,9 53.1
LOS E E B F C A F D E F D
Approach Delay 58.4 37.9 86,0 97.0
Approach LOS E D F F
Queue Len,gth 50th (ft) 41 -912 102 -241 475 0 322 26 -344 141 91
Queue Length 95th (ft) 85 #998 208 #426 529 26 #527 56 #593 #288 167
Internal Link Dist (ft) 1793 1520 1312 624
Turn Bay Length (ft) 360 310 360 490 550 550 150
Base Capacity (vph) 106 2305 898 236 2678 870 330 422 510 142 242
Starvation Cap Reductn 0 0 0 0 0 0 0 0 0 0 0
Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 0 0
Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 0
Reduced vlc Ratio 0041 1,03 0,54 1,01 0.69 0,09 0.99 0,08 1,00 0,99 0.58
Cycle Length: 150
Actuated Cycle Length: 150
Offset: 0 (0%), Referenced to phase 2:NBT and 6:SBT, Start of Green
Control Type: Pretimed
Maximum vie Ratio: 1,03
Intersection Signal Delay: 56.9
Intersection Capacity Utilization 92,0%
Analysis Period (min) 15
- Volume exceeds capacitY, queue is theor-etically infinite,
Queue shown is maximum after two cycles,
# 95th percentile volume exceeds capacity, queue may be longer,
Queue shown is maximum after two cycles.
Intersection LOS: E
ICU Level of Service F
'f' 03
-.. 04
"\ 05 ~ 06 ,I-
,;)2.s':" - _ :)",.'!,,,,,'("," 22.:gXi";A ,'"
-if-
I 08
Optimized Timings. Existing Geometry
Vanasse & Daylor, LLP
Synchro 6.0 Report, Page I
1:\Pro jects\809\809 38\ T rafflc\SYNC H RO\80936PM B KD _0 2,sy 7
Lanes, Volumes, Timings
I: Immokalee Rd & US 41
Agenda Item No, 8e
October 24, 2006
Timing Plan: 20 Pf3~ Q1OJtAl3
Naples Daily News Zoning TIS
I'" \. ~ ..;
T' "'it; +t+ . '(I
4.0 ..<4,0 . ,to .. · 4.0
1583 3433 5085 1583
0.950
1583 3433 5085 1583
2 24
470 1790 200
..0,92 0.92 0.91.
511 1946 217
pm+6v ...pm+ov
3 6 7
'2 6
26,0 45.0 76.0 18,0
..75.0 .41;0.... ..72,0 86.0
0,50 0.27 0.48 0.57
0;64 1.46 0.80 0.24
21.5 250.8 36.0 7.7
0.0 0.0 0.0 ..... b.o
21,5 250,8 36,0 7.7
C F D
117.4
F
224 -939 577 43
307 #1076 640 66
1040
900 675 525
793 938 2441 918
0 0 0 0
0 0 0 0
0 0 0 0
0.64 1.46 0,80 0,24
..J-
-. ~
~
---
'-
"'\
t
Lane Configurations "'i ++ T' t;"'i ++ '(I "'i~ ;++
Total Lost Time (s) . 4.0 4,0 4.0 4.0 4.0 4,0 4.0. 4.G
Satd. Flow (prot) 1770 3539 1583 3433 3539 1583 3433 5085
Fit Permitted 0.950 0.950 0.950
Satd, Flow (perm) 1770 3539 1583 3433 3539 1583 3433 5085
Satd.Flow (RTOR) 3 9
Volume (vph) 210 446 150 672 651 826 2112
Peak Houi' Factor . .0.92 0.92 . 0;92 b.92 0.92 0.92 0.92
Lane Group Flow (vph) 228 485 163 730 708 898 2296
Turn Type Prot pm+ov Prot pm+ov
Protected Phases 7 4 5 3 8 I 2
Permitted Phases 4 8
Total Split (s) 18.0 22.0 26.0 26,0 30,0 45.0 26.0 57.0
Act Effct Green (s) 14.0 18.0 40.0 22.0 26.0 67,0 22.0 53.0
Actuated ?}C Ratio 0,09 0.12 0,27 0,15 0.17 0.45 0,15 0.35
vlcRatio 1.38 1.14 0.38 1.45 1.15 1.26 0,69 1,28
Control Delay 252,2 145,0 29.6 256.1 140.4 155.9 68.7 169,3
Queue Delay 0,0 0.0 0,0 0.0 0,0 0,0 0,0 0,0
Total Delay 252.2 145.0 29.6 256.1 140.4 155,9 68.7 169.3
LOS F F C F F F E
Appr?ach Delay 151.4 182.5 134,3
Approach LOS F F F
Queue. Length 50th (ft) -295 -291 92 -500 -428 -814 169 -1038
Queue Lel1i1;h 95th (ft) #471 #409 143 #628 #558 #1245 225 #1126
I nternal Link Dist eft) 1584 2097 1248
Turn Bay length (ft) . 350 190 475 475 550
Base Capacity (vph) 165 425 424 504 613 712 504 1797
StarVation Cap Recluctn 0 0 0 0 0 0 0 0
Spillback Cap Reductn 0 0 0 0 0 0 0 0
Storage Cap Reductn. 0 0 0 0 0 0 0 0
Reduced vlc Ratio 1.38 1.14 0.38 1.45 1.15 1.26 0,69 1.28
Cycle Len~h: 150
Actuated Cycle Length: 1 50
Offset: 0 (0%), Referenced to phase 2:NBT and 6:SBT. Start of Green
Control Type: Pretimed
Maximum vIe Ratio: 1.46
Intersection Signal Delay: 141.2 Intersection LOS: F
Intersection Capacity Utilization 121.6% ICU level of Service H
Analysis Period (min)15
- Volume exceeds capacity, queue is theoretically infinite.
Queue shown is maximum after twO cycles.
# 95th percentile volume exceeds capacity, queue may be longer,
Queue shown is maximum after two cycles.
Slits and Phases:
t, ,,12
~ 06
~ 05
Optimized Timings. Existing Geometry
Vanasse & Daylor, LLP
Synchro 6.0 Report. Page I
1:\Projects\809\80938\ T rafflc\SYNCH RO\B09 36 PMTOT _ 02,sy 7
Lanes, Volumes, Timings
3: lmmokalee Rd & Goodlette-Frank Rd
Agenda Item No, 8e
October 24, 2006
Timing Plan: 20 IFla~M1'!fOf A.t3
Naples Daily News Zoning TIS
~
-to .,.
-f
---
'- ""
t
!"
\.
!
.;cI
rr~rig;;G;P6cifjWjSi;Z;,ii;!i;ii@iXi;)!i'it)fJ;!;f\;:.:t:E~Lgi?i'f{(EBT:!ij})Wi!iEBR'i(P/8;wBI1WJi )WBT;r;g;WBR:M!%.;iNBE1\$;gitiNBm't;0f~jN8fti;~J::tiji;s'~u::~r!i:;;}is'smWD::ftii{;S~R
Lane Configurations "" +++ ." ~ +++ ." "" + '(I ~ 1+
Total 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
Satd. Flow (prot) 1770 5085 1583 1770 5085 1583 1770 1863 1583 /770 1690 0
Fit Permitted 0.950 0.950 0,950 0.950
Satd, Flow (perm) 1770 5085 1583 1770 5085 1583 1770 1863 1583 1770 0
Said, Flow (RTOR) 313 76 180
Volume (vph) 40 2365 450 220 1742 70 300 30 470 80
Peak HOl.lrFactor 0.92 0.92 0,92 0.92 0.92 0.92 0,92 0.92 0.91 ..0;92
Lane Group Flow (vph) 43 2571 489 239 1893 76 326 33 51 I 0
Turn Type Pro! Perm Prot Perm Prot Perm
Protected Phases 7 4 3 8 5 2 6
Permitted Phases 4 8 2
Total Split (s) .' 13.0 74.0 74,0 23,0 84,0 84,0 31,0 38.0 38,0 15,0 22,0 0.0
Act Effct Green (s) 9,0 70,0 70,0 19.0 80.0 80.0 27,0 34,0 34,0 I 1.0 18,0
Actuated glC Ratio 0,06 0.47 0.47 0,13 0,53 0.53 0,18 0,23 0,23 0,07 0.12
vlcRatio 0,41 1.08 0,54 1.07 0,70 0,09 1.02 0.08 1.03 1.08 0.58
Control Delay 79,8 83,9 I 1.7 139,0 27,8 3,6 1 15,3 46.4 83,2 165.4 53.1
Queue Delay 0,0 0,0 0,0 0.0 0.0 0.0 0,0 0,0 0,0 0,0 0,0
Total Delay 79,8 83,9 1 1,7 139,0 27,8 3.6 I 15,3 46.4 83.2 165.4 53.1
LOS E F B F C A F D F F D
Approach Delay 72.5 39.0 93.9 109.3
Approach LOS E D F F
Queue length 50th (ft) 41 -1028 I 12 -257 491 0 -338 26 -387 -154 91
Queue Length 95th (ft) 85 #1 I II 217 #438 545 25 #539 56 #619 #300 167
Intern al Link Dist (ft) 1793 1520 1312 624
TUl"nBay.Length(ft) 360 310 360 490 550 550 150
Base Capacity (vph) 106 2373 906 224 2712 880 319 422 498 130 242
Starvation Cap Reductn 0 0 0 0 0 0 0 0 0 0 0
Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 0 0
Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 0
Reduced vlc Ratio 0.41 1.08 0,54 1,07 0.70 0,09 1.02 0,08 1,03 1.08 0.58
Cycle Length: 150
Actuated Cycle Length: 150
Offset: 0 (0%), Referenced to phase 2:NBT and 6:SBT, Start of Gr'een
Control Type: Pretimed
Maximum vlc Ratio: 1,08
Intersection Signal Delay: 65,5 Intersection LOS: E
Intersection Capacity Utilization 95.4% ICU level of Service F
Analysis Period (min) [5
- Volume exceeds capacity, queue is theoretically infinite,
. Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer,
Queue shown is maximum after two cycles,
S !its and Phases: 3: Immokalee Rd & Goodlette-Frank Rd
t 02
.. 03
-+ 04
"\ @5
3
!
05
~
1'3$
Optimized Timings. Existing Geometry
Vanasse & Daylor, LLP
Synchro 6,0 Report. Page I
1:\Projects\809\80938\T raffic\SYNCH RO\80936PMTOT _ 02,sy 7
HCM Unsignalized Intersection Capacity Analysis
12: Site Access & Creekside Way
Agenda Item No, 8e
October 24, 2006
Timing Plan: 20 AaftMlmcPT.AL3
Naples Daily News Zoning TIS
./-
Lane Configurations
Sign Control
Grade
Volume (vehlh)
Peak Hour Factor
Hourlynowrate (vph)
Pedestrians
Lane Wldtll(ft)
Walking Speed (ftfs)
Percent Blocka&e
Right turn flare ('Ie h)
Median type
Median storage veh)
Upstreamslgnai (ft)
pX, platoon unblocked
vC,conflicting volume..
vC I. stage I conf vol
vC2.stage 2confvot .
vCu. unblocked vol
tC, single (s)
tC. 2 stage (s)
tF(s)
pO queue free %
cM capa.city(veh/h)
""
"\
t
~
..I
Stop Free Free
0% 0% 0%
312 0 0 0 0 87
0.92 0,92 0,92 0.92 0,92 0.92
339 0 0 0 0 95
None
Volume Left
Volume Right
cSH
Voh.lmE! to Capacity
Queue Length 95th (ft)
Control Delay(s}
Lane LOS
Approach Delay (s)
Approach LOS
339
o
962
0.35
40
10,8
B
10.8
B
Average Delay
IntersectioriCapacity Utilizatio n
AnalysiS Period (min)
592
47
47
6.4
47
6.2
9S
4.1
o
o
1700
0.00
o
0.0
o
95
1700
0.06
o
0.0
0.0
0.0
29.3%
15
ICU Level of Service
A
Optimized Timings, Existing Geometry
Vanasse & Daylor. LLP
Synchro 6.0 Report. Page I
I :\Pro jem\809\809 38\ Traffic \SYN CH RO\80936 PMTOT _ 02..sy 7
Agenda Item No, 8C
October 24,2006
Page 170 of 273
Topic # 625-000-015
Manual of Uniform Minimum Standards
for Design, Construction and Maintenance
for Streets and Highways
May - 2005
TABLE 3 -13
ACCESS CONTROL FOR ALL LIMITED ACCESS HIGHWAYS
URBAN
MINIMUM SPACING
Interchanges
1 to 3 miles
MANEUVER RESTRICTIONS
Turn Lane Required
Via Grade Separation Only
From Right Side Only
Acceleration Lane at all Entrances
Deceleration Lane at all Exits
Crossing Maneuvers
Exit and Entrance
TABLE 3 -14
SIGHT DISTANCE FOR APPROACH TO STOPS
(Rounded Values)
DESIGN SPEED 10 15 20 25 30 35 40 45 50 55 60 65 70
(MPH)
STOPPING SIGHT
DIST ANCE (FEET) 50 80 115 155 200 250 305 360 425 495 570 645 730
(Minimum)
TABLE 3 -15
LENGTH OF TAPER FOR USE IN CONDITIONS
WITH FULL WIDTH SPEED CHANGE LANES
DESIGN SPEED 15 20 25 30 35 40 45 50 55 60 65 70
(MPH)
LENGTH OF
DECELERAT10N 80 110 130 150 170 190 210 230 250 270 290 300
TAPER (FEET)
LENGTH OF
ACCELERATION 60 80 100 120 140 160 180 210 230 250 260 280
TAPER (FEET)
Geometric Design
3-70
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Agenda Item No, 8e
October 24,2006
Page 172 of 273
--- ~ --- ~
. , ~, BARRON COUHl PARTNFRSHW
e
-e
June 6, 2006
Joseph K Schmitt
Community Development Administrator
Community Development and Environmental Services
2800 North Horseshoe Drive
Naples, FL 34104
Re: Naples Daily News BPPUD, PUDZ-2OO5-AR-8833; Bay Colony Golf Course
Lake and Pres.rve Background
Dear Sir or Madam:
Westinghouse Communities of Naples, Inc. purchased the land that comprises Pelican
Marsh PUD from Ocean Boulevard Partnership in a series of transactions as development
phases proceeded. During construction in the area of the fifth takedown a dispute arose
between the buyer and seller. Litigation ensued (case number 94-1996 CA-01) and a
settlement agreement was reached and approved by the court on or around September 18.
1995 whereby the parties exchanged parcels of land and easments.
The area of the lake/preserve now part of the Naples Daily News Business Park PUD
application was part of this settlement agreement and was to be re-conveyed back to Ocean
Boulevard Partnership. Westinghouse Communities agreed to construct the lake as part of
the Bay Colony Goff Course plan and deed the entire property upon completion of the
construction. The recording of the deed to the lake/preserve parcel was delayed at the
request of Bay Colony and Westinghouse in order to reshape the lake as part of a golf course
redesign, The deed to this parcel was recorded November 15, 2005.
This background shows that the agreements regarding the use and development of the
lake/preserve parcel precede the zoning application by approximately ten years.
Copies of the recorded Rnal Judgment of the lawsuit (OR: 2101 PG: 1025) and the deed
(OR: 3929 PG: 3010) are attached for reference.
Please do not hesitate to contact me with any questions.
Sincerely,
trilCAN1ES
David K. Borden, Vice President
DKBldb
Enclosures
Exhibit "e"
2600 Golden Gate Parkway, Naples, Florida 34105 (239) 262-2600 Fax (239) 262-2589
'\ \
e
Agenda Item No. 8e '
October 24, 2006
Page 173 of 273
..
,e
IH THE CIRCUIT COURT OF '!'HI: TWENTIETH JUDICIAL CIRCUIT Iff MD FOR
COLLJ:D COUH'l'Y. PLORYDA CIVIL A.e'JIIOIf
e
OCEAN BOULEVARD PARTNERSHIP, a Florida
partnership I
CASE
.
"
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....
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~o
Plaint.iffs
v.
WCN COMMUNI~IES, INC., formerly known
as WESTINGHOUSE COMMUNITIES OF NAPLES,
INC., a Florida corporation,
Detendant
~ . ~,~
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=
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: ~ Aqr....nt., a tully ex
""" .
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.. ~ I ORDERED AND
Ie iJ I" .l.9ree.ent is app ov
--''=
~ I . ....d.r.d to c_pl ~
.;,a 5 cUB.i.sed with pre
o ei
..., s. their own costs and
\'os:
cr. ..
-.01=
roo- ...
eft .:s ..
I.. jurisdiction to enforce compliance with the saiet stipulated
= ;;
... .::
... :: Settle.ent Agreement and to enter further Orders in oonnect.ion
",";
ipulate" Settleaent
part.i.s are h.reby
t..
i. act.ion i. her.by
t.h each part.y bearing
FURTHER ORDERED
Court hereby reserve.
therewith.
DOIIlI AlII> ORDERED in Chamber) .t, Napl.., COllier
Florida, thi. ~ day ot ~ I 1995.
County,
popi.. furni.hed to:
~Juq.ne E. stearns, Esq.
.no. S:A' /.~"':::9-,F;
r ~ 7 '/" ~fIr"r/f 19</"-
, , \v..\
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This Instrument, Prepared By;
Vivien No HiStings, Esq.
We! Communities, Inc.
Bonita Springs, FL 34134
Agenda Item No, 8e
Octo~r 24, 2006
3733438 OR: 3.929 PG: 301(f9e 174 of 273
IlCORll!D in omC1U Qt:OU$ af COLLIIl COUln, rL
lIflS/20OS at 03:UPIi DVIG1ft' I, BROCI, eLJRI
CONS 1800.10
lIC !II 119.00
DOO-.70 12.60
coma ] 0.00
k!tn:
IICI eOllllURIUBI lHC
IUDI mDO CU'fBR DR
J. BDAA ~lIUR~U'
THIS SPECIAL W ARllAN1'\' DEED made thi5~ day of .~ U L 200S, by
Pm:ellD #: 00 HiB040708
WCl COMMUNITIES, INC., a Delaware COlporation, successor by mcr-gcr of WCI CommQJlities
Limited PartDeT'llhip, having its priDcipul plaCl: of btJsincss' J!.~: 24301 Walden O::ntcr Drive, Bonita
Springs, P1orida.34134, herein called the Gl"antor,to
OCEAN BOULEVARD PARTNE'RSHIPJI, a FloridageneraJ partncr&hip. havtnglts principal place
of business at: 2600 Golden Gate' Parkway, Naples, Florida 34t02, herein oailed the GI'llQteC,
(wbiellcver used herein the tenns ''Grantor'' and "Grnnlee" includc all the :parties to 1hUl ilU:trument and the heirs,
1 egol representatives and llSSigtil, Q$sip of individU4ls, and. the ~UCCClSors and'DAigns of corporotioQ$).
WITNESSETH: Thatthc Grantor. for and in cODsidcnltion of tbe sum of $.10,00 (T~n Dollars) and
other. valUable cansidlmlliDI1S, receipt of which Is hmby acknowledge~i hereby grants, bargains, sells,
aliens, rclJ'liscs, releases. conveys, and C:OllftrtI\S unfothc Grantee, all that certain land situate in Collier
County, Florida, to wit
See Exhibit · A" .ttacbd hereto.
("the SUBJECT PROPERTY")
SUBJEcr TO: taxes and BIl8eSSlDC.l!tS for ZOOS and subsequent years; and easem~, restrictions,
reservations, ccwenants, limitations and conditions ol r<<ord, 'if any; and the reservation of easement
rights marc particularly set forth herein in favor of Grantor, its successcrs and assigns, as owner or
owners from time to rime ofthe following real property adiacent t'hereto described to wit:
See Exhibit "B" attac:hed .hereto.
("the APpuRTENANT LANDS")
RESERVED EASEMENT RfGRTS
Grantor herebyrcserves perpetual non~ltclusiye ClIscm=nts for (1) ingress; (2) egress; (3) flowage of
water, stonnwatcr. wastewater and re-use water through pipes, junctions, mctcz:s, connections, pumps lInd
related IIppurtenances and structures; (4) golf caursc uses including, but-not limited to, tee bo"cs, grccna,
fllirwaysnnd rough areas, culverts, cart paths, gOlf CIU' and 'pedestrian traffic, &olf course feneing and
related golf course activity, and appurt=nanccs; (5) bermmg and landscaping; and (6) public utility and
public service ptuposes; together with the right to install, reinstall, maintain, ~ repll\cc and repair
of lhe foregoing on, across, over IIDCI under the SUBJECT PROPERTY; and Grantor may cause to be
recorded from time totimc various declaratiDlls of1nese casc:ments setting fortb thc location 81'Id purposc
of any ofsllid easetnents Which may be lISSigned from Grantor to any third pllrty.
K:lleSollpclmo",hlcollic:r'<l..d,pce.obp
Agenda Item No, 8e .
OCTI'i'l'5er24,2006
39 9 lPage 175 of 273
OR: '2 PG: 301
..
AND FURTHER SUBJECT TO the restrictions: (1) t1m~ the: SUBJECT PROPERTY,tt14Y only be used
by the Grantee for passive water management (within the excavated lake area 'below elevation 11.2
'NGVD existing as of the date of recording 0{ this deed) liS well as. passive open space purposes IInd (2)
that the excavated lake area shill have a contrOl elevation of 9.0 NGVD, These restrictions shall be
covenants mnning with the SUBJECT PROPERTY IUld binding upon the Grantee and enforceable by
Grantor.
.
AND ALSO FVRTB:ER. StJBJECI' TO II covenant by and betwel:ll Grantee and Grantqr !bat in the
event the SUBJECT PROPERTY requires mmntenarlec for the :purpose of C<lntinuing Granf:1!e's right to
use Bnd enjoy the SUBJECT PROP~TY for pllS$M: water management (including but not limited to
any culvert and hC1ldwaU mainlcoance) and open space, purpoSC8,:such maintenance shan have little or no
impac:t lipon Grantor's casoincnl rights, if possible. Further, Gntilior shall bavc the 'first right of ref usaf to
perl'cmn or direct the conduct of sueh maintenance at th~ expense(lf Grantee,provideQ that such expense
is equal t6 or less than iliat which would be charged by a third PartY contractor of GllIntce's selecfion.
Tf1ese covenants shall be covenants runnittg with the SUBJEcr PROPERTY nnd binding upon the
Grantee and enforceable by the Grantor.
TOGETHER with all the tenements, hereditaments and llppurtenanc;s thlll"Cto belonging or in anywise
apperUlining.
TO HAVE AND TO HOLD, the s= in fee simple foreveI',
AND the Grantor hereby covenants with SlIid Gz:antec that the Grantor is lawfully seized of the
SU.BJECTPROPERTY in fee simple; that tm: Grantor bas Bood right and lawful authority 10 scU and
convey the SUBJECT PROPERlY; that tlIe Grantor hereby fully warrants title to the SUBJECT
PROPERTY and will defend same against the lawful claims of all persons claiming by, through or under
the Ormlor.
IN WITNESS WHEREOF. the said Gmnter hilS Cllused these presents to be cx:ccuted in its name and its
CClrparntc seal to be hereunto affixed, by its proper officer thereunto duly autltorized. the day and year
first above written,
~
Signed, scaled and delivered
in the preSence of.
WCI COMMUNlTIES, me, a Delaware corporation
BY:C~
Christopher Hanlon
Its: Senior Vice Presi dent
":~q:.l~\collicr\dced""""obp
r
Agenda Item No, 8e
October 24,2006
OR: 3929 PG: 3012 Page 176 of 273
~
.
STATE OF FLORIDA
COUNTY OF LEE
The foregoing Sp~iaj WiU'TaI11y Cecd WlU acknowledged before me this cPl!If' day of
\\.. \ \ I ~ l-. 20. 05, by Christopher Hanlon, as Senior V. ice President of .WC. I Conununities, Inc., a
'Qii;;;~re cOJP9l'!ltion, on behalf of the corporali. . He is personally known to me.
. . . PubU,.S~I'Of~ . ~
My Commission Bxpilu:
PAMELA DMNA KlUGER
MrCO:.:J.IlSS!OH "DDJ77471>
n.'CPlIIES.:~2$.llNl7
t~/<<y J'IL~ll3l~~c..
.
K:llcS"IIpeImml1IcoDicrldeedlpcc.obp
-
--
-CD:
,
Exhibit "A" .
Page 1 of 3
t '
EDgitt~ P1aaneJl, SUl'VeyDn, Landscape Archlizcts ~ Environmental Consulranll
Wilson PTafessional C.nll:r. Suire 200.3200 Il&I1ey Lur,ItAbport RI:lIII. "'pIa. Florida 13941- (1 I lr649..c040 F. (I 13. 643-S716
.
Description of Area ,; A"
being a part of Section 27
Township 48 SOlIth, Range 2S East,
CoJ]ier Caunty. FlOrida .'
All that pan of Section 27, Township 48 South. Range 25 East, Cc1licr County, Placida and
being more particularly descn'bed as follo.ws;
Commencing BI the west one quarter comer Section 27, Township 48 South. Range 25 'Eut;
thence along the west line of .said Section 'n N'ortb 00.39'12. West 821.69 feet;
thence leaving said section line North 89020'450 East 55.00 teet to the Point of BeginniDgof
the -area thereon described;
tl1ence North S9020'4S. East 366,4S feet;
thence S01Jth 00039'15" East 34.09 feet;
thence southeasterly 47.35 feet along the arc of a non-tangentialc:ireular curve concave
southwesterly having a radius of 70.00 feet through a central angle of 38045'23" and
bcing,subtended by a chord which bean South 64019'09" East 46.45 feet to a point of
compound curvature;
thence southerly 25953 feet along the arc of a circular cwve concave westerly having
a radius of 197.21 feet throulb a central angle of 75024'06" and being subtended by a
chord which bears South 07. t 4 '23" East 2'41.20 feet to.11 point of ICVerSC CUrvaturei
thence southerly 151.40 feet along the arc of a ciJcular curve concave easterly having a
radius of 130.00 feet through a centralllrtgle of 66"43'37" and being subtended by a
chord which bears SOUth 02054J07" East 142.99 feet t(:1 a point of ~verse curvature;
thence southerly 120.22 feet along the arc of acin:ular curve concave westerly having
a radios of 70.00 feet through a central angle (if 98'"24'12" and being subtended by a
chord which bears South 12056'10. West 105.98 feeti
thence South 62008'16. West 75.07 feet;
thence southerly 4B. 75 feet alm1a tbe arc of a cit'CUlar curve concave easterly having a
radius of 30.00 feet through a centraJ angle of 93 006'13- and being subtended by It chord
which bears South 15035'10. West 43.56 feet;
thence along South 30057'58" East 34.79 feet;
tbence southerly 19.94 fee! along the arc of a circular CUIVe concave west!!dY having a
radius of 80.00 feel through. a central angle of 14016'43. and be.ingsubten~ed by a chord
which bears South 23"49'37" East 19.89 feet; I .
thence along a non~lan~entialliJ1e South 84013'14. East 158.41 feet;
ttlence South800SS'24" East 183.78 feet;
thence South 81"52'51" East 180.90 feet;
thence South 00000'00. East 261.28 feet;
thence Nonh 90000'00. West 394.57 feet;
thence North 00.00'00. East 271.13 feet;
thence Nonh 84013'14" West 120.32 feet;
~
41J9m. .()/J611ZJUllU
,Voplrs
Ill))~~
F'~\ ISI)l N;t.~716
Fon Mwrr
1&1))9JILI020
F""i8Dl9;9.7.179
SlrrasOla
111J117l..I69O
FLqll1l17MHS~
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Exhibit "A"
Page 2 of 3
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WILSON . MILLER . BARTON .lPEEK, INC.
Agenda Item No, 8e
October 24, 2006
OR: 3929' PG: 3014 Page 178 of 273
Description of Mea. II A.
being a part of Section 27
Township 48 South, Range 2S East.
Comer Count)', Florida (continued)
thence South 33"'05'40" We$t 54.13 feet;
thence South 76"'56'SI. Wesl89.M feet;
thence North 58"'35'21" Wat 6S.i9 feet;
thence North 15"'31'55" West 74.80 feet;
thence North 00"'41'41" West lls.i4 feet;
thence North 28"22'47" E:tst 171.51 feet;
thence North 17'11'45' West 106.79 feetj
thence North 13"'02'52" East 28.51 feet;
tttence Nonn 73"36'14" W~ 54.78 feet;
thence 50Ul1149016'08. West H2.78 feet;
thence South 89"'47'08" West 53.08 feet;
thence North 58"00'49" West 50.49 feet;
Chence North 00'39'12" West 303.49 feet to the poi1l1 of Beginning of the area herein
described;
Containing 7.8 acres more or h:ss;
Subject to ea:semenU ami restrictions of record;
Bearings are based on the west line of Section 27, Town~ip 48 South I Range 25 ~. Collier
County, Aorida being North 00'39'12" West;
WILSON, MILLER, BARTON ~ PEEK, INC.
Regi:stered El1gineets aild Land S\1rveyors
W.O. 34917
Ref: [L-S]
Date: April 19, 1995
.1l9~J-llIJ&l1.!J6,MIt5
P.D.B.
Exhj,bic: "A"
Page J of 3
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October24,2006
OR: 3929 PG: 3015 Page 179 of 273
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Agenda Item No, 8e
,-~ ~n. ~~r~ n~. 4Q~~ber24,2006
~e180of273
"" OR: 3929 PG~ 3016 V
e
RA,( C:OI aNY cO! I' COUR!If: I f"r"....
LEG"'- OtsCR.lPTIOlI! OF PMT. or, TIlACI eel, ACCORDlN(l TO THE P\.AT
OF' Pt:\.lCAH UAIlSK COI1 cCV!tf)[ PHotSE tlNt Pl.Al SOOK 23. pMlts ~o
'niRDUGl1 47, AND AtI. Of' m.eTGC12 ACCOROlHS TO THE P\.AT Of
PEtlCAN MARSH UNTI '1WEt\'t: !'LAT :BOOK 2G; .PAGES ~8 l'J.IROlJCH !>O
ANP ....LL DF' nw:t Gel' AND PARTS OF'TRACTS OCR NID O'CI.O AND
TRACJ "" ~CoROlHG TO' 'TJoI! PlAT or PElICAN iWlSH GOlF COUllSE
PHASE TWO; PlAT BOOK :01, PAGES ~2 1iND43 ,AND All. or TllACt CC4
ACCDJiD1N~ TO THE Pr..>,T eIlF PE~IOUI 'IOIAASH UNI1 SEVEN REPLAT, PLAt
aOOK 24, PAGES 7.2 1'01'11), 74, AND ALL Or TRACfSGCI'A, GC'IB, ANll
PAIf.IS OF' T~ClS I, :5 51. AND 'GCI A,CCORlllNG TO THE PLAT 0"
PELlCA,N Il~St( COlF COURSE PI'l~E THFlEE;~ PLAT ,BOOK 25, PAGES 14
THROUC;;H 16, IIl.ONC' WlTH PART OF' PEUc:AN UAR1iH UNIT ON~ PlAT
BOOK 22. P/lCES ,li THROUGH ;;3, All. OF' 1RACT "B" BENTGRASS B~
AT \lAY COlON'!' COIJ CLUB, PtAT B(l()t(' 13, P~ $04. 1HROUGH' ~6,
cOI.l.lER COUNTr n.ORlllA Pl.!9l1C RECOR.OS AIorD PIIIlT or SECTION 27,
TOWllSHll' 'Ill SOUtH IWlI:Ot 2~ EAST(WOT PLATTtO), coweR (;.ouIoIlY.
FLORID.... AND WQRE ploRnCutARtt OESCRIBEO AS F'0\.LQ'tIS:
jlEGlHfollNC AT THE SOVTt/EAST CORtlra OF' 'TRACT eCI, PELI€AN IUSlSH
GOlF COURSE' PHASE TWO, ,"""T 8001< 2~, .....atS (2. :. 4,3, COLUI;il
COUNI'(. F\ORlOl\ PUIlI.lC RE';OROS ANO BEINe lHt WEST RICH1'. or WAY
UNE or: rAANlC ElOUl..tV^"O (<>OOOl.ETlE r~ li~Xl.W WIDE)
Tf.li:I-lCE; A1.0kG SAID WEST 'RIGHT Of 'flAY lINE S,05'3~' 411"E.. FOR
309 .31 nET:
lHENCE ALONG SAID WtsT RIGHT: 01' 'flAY LINE $,05"33' lO"t., F'Oft
233.81 FEEf 10 nlE NORfH RIGHT Of' WKr liNE OF Ptllcm I.l~SH
eOULl;:VARD ~D A POlMT ON A CURvE TO lHE R1~T. HAviNC:."
RAOIUS OF 25,00 FtEl'. " ttN'lAAl. ANCl! or 9t100'OO", A CHO~D
eEAAllIG DF S.3l1'28'~0''W, ,lIoIO A CHOIl.D LENGTH or .1'.36 FEEl;
THENCE AI.ONC SAID NO.A1f.i RIGHf or Wfo.,Y LINE AND. THE ARC OF SI\IO
CURVE. AN ARC I.EIiI(;fll OF 39.27 rw 1.0 TlU: [ND OF SAID C\:JR\IE:
THENCE ALONI.l SArD NPIITH RIGHI OF WAY UNE s.8~.i6'SO'W.. FOil
125.00 F'tE1' TO THE POlNr OF C;VRVA1'U1'lE OF A C:l;IRVE .TO TAE RIGHT,
HAVING: A RArxus or J~2,J1 FEET, to; CE:NTRAl. WGtE or
JI'5S'10', A CHORD BEJIRlNG OF IU9"35'05"w. A/olD A "'ORO
lENG1l\ OF 11IB.:M FEET:.
iHENCE ALONG SlIlD NOR1i'1 RICiHT OT "1''''( lINE AND THE ARC: or S,6.Io
CtIRVE. ANAAC LEHG1H 01'7190.8& Fl:O 10 lHE POINT OF TANGENCY or
SAID CURVE:
lHENCE Al.OHC SAlO NomH RIGl'lI OF ~y L1~ N.r,s;l7'OO"W., FOR
El86.7~ FEET: .
THOIeE l.E/lVING SAID NOIllH RIGHT 01' WAT l.1Nt: N,05.09'56.'W..
F'OR I C I ,.29 FEr!:
'tHENCE N.24'54"SO"W.. FOR 108.99 rEET:
1HENCE: N,27InS"E., rOR S7.BI FEEl:
THENCE N.04"J,'251:.. FOil tGlU1 FEET;
THE:NCE IoI,09'21'20"W.. FOA 91.7;) F'EET:
1HENct N,41'50'2:)''W~ FOA .6I.~6 FEr!;
THENCE N,OY29'J2"w., fOR 201',41 'tn:
THENCE N.~ l'4Q'52"t~ "OR !IJ.40 FtET;
lI-lENCE N.$2'34'2'''E.. FOR 3J," FEr!;
1I'lEt-lCt ,N.~C'18'17"t.. roo :3',53 rEE1:
THENCE 1'1.\9'45'16"(., F'OR 1499. n:ET;
1HENCE N.19'18'09"W., F~ ~IO.~ F'EC1:
THoNeE N,20'tlQ'~4 'E., fOR 1.66,28 flEI,
THENCE N,QS;' I' 30"W;. fOR 21.80 FEET:
lHENCE j;.j,zj'C.t;l4 'W.. FOR &4,64 FEET:
THENCE N,4J').9'Og'E., FOR $4,0& FEEl;
lt1ENCE N.llrl~'lO"E" FOR SO.19 F'EEl:
lHENCE N:Z6"29'OI'E.. FOR ;)1.1~ HE':
lMENCE H.zrl'!;"4S"[., FOR 33;29 FEET:
lHENCE N,O'25'J5"[., "OR 37 75 r0:1;
THEN.CE N.OS'Jc'D7"E.. FOR 34,3 I F'EtT;
THENCE N.21'e!roo."E.. FOR 32,110 FEET;
lJ-lENtE 1IL1J'41"JI"E.. FOR 7,O!i F'EEl: '
THENCE N.OJ'2Il'32'V1.. FOR ~IZ.67 FEEl:
UIENC!: N.21l"29'J8"Yt,. FOR 107..34 FEEf:
THEIlCE N:GS'c6'2S"E.. FOR 20.06 fEET;
THENCE N.28"29'38"w" rOR 2tl.O~ FEET:
lHENCE N.,~TJ7'08"(.. F'OR ",ll~ n;;ET:
'HENct N,Oli2a'Or'H.. rQR 33:>,111 rEEl,
lHENCE N.6S'.D7.17"W.. fOR ~7.D6 rEET:
'''EI-lee: ",,~.si'20.C.. FOR ",38 f"EET tQ ~ POlNI
OF CURV"TURE OF' A CURVE TO tHE RICHT, H.\VlNG; A IlAOIUS or
2lO,OO rocr, ". CtNT~ IINCU: Ot~'~3'J2', A. CHORO BEARlNC or
N.71'03'06"~; IINO ^ CHORO LeNGtH or 3&'.68 !:'EEl; ,
iHtNCE ALONG 1 Ht ARC Of SAlD C'JR\lL, A.N I>iI,C Ll:NCTH OF 4 1.1 9
fEET 10 T"KE 1'011('I (IF COIoll'OU,tolO. CI,lR\l" TURe or " cufl\lE TO THE
RICHT. Hl\\llNG: jJ, RAtlIUS or 407,03 FEEl. " CEII1RAl,. ANGLE or
;4' IJ'OS", " CHORO BI),RIl'lG or s.48'~a')4"E, "'HO A. CIIORO
LENGTH OF lllO,75 nET;
THENCr. ALONG THt ARC OF SAID CIJRVE, AN ARC LDlGTll OF 101.0 I
Fur TO THE POM OF TJ.NCCNC'l' OF &1.10 CliR'JE.
THENCE 541'3:1'OO'E" F(lll ~9,S9 fEET:
lHENce N.OT5Inio'w.. 90,19 rEET 10 " 1"011-11 ON " NON-TANGrtoll
CURVE TI) TJ'iC LEFT. HAWlC: 10, !lA[lIUS (IF' 457.0~ F'HT, A ':EWRAl.
ANr:LE OF 13"4'19", A CH('KD eE~R'''G or N,54.06'~'I1, /\Nt' A
("H(1RO LCN(:;IH ('4" 105 ~7 I'En,
e
--
EXHIB1T" ~."
1 OF 9
()
Aaenda Item No, 8e
~~. 1n~~tober24.2006
I ~VL\. "~ge 181 of 273
v OR: 3929 PG: 3017 V
e
II~Nf;E "lONf'l I~r. NI( ,~ !....,. "l'IlV'l'" ""'A/lI"~ LO~;IIl!:>f l':l~,to'.'
FEEl Il' IrlE PQlNr {I' Im:c,oICX (( r;.~,r.' (1.11:'\1(:
11l[Nr;[ N 6(YH'O(I'I~" ",,/\, I '~(;,t'tr' 'F,iI 1" lHJ: ""J'~r ill'
tlIRVA'\JRE (of' ,. (',UR\'( )'I.. II'E LLrr, ""W~t;: . l1',IolN\'S ,'If ~.'~,("..
rCfT. ^ (fNIR/lI ANI.".!! I.~' ".I':,~W:'", A ",.,.,rol' IJEAI,w(, ',Of
N ~:r!,15,\IU"W ANll /I r;'".)RlI LlNCjIH (II ., I.~ Ir.r I:
lHEt!C~ Al.l'lNC Ill( ..r!~ ';II' !iNO CI""~'t, AN (,Re.: Ll''';W ',)J" J I I J
I'I:[T TO l"CEI/1) IJI' ~I() CUlM:,
1H~N':C ""r'27'(l()'t,, F~ i"ll.CC\ rEn:
TI1t:NCt N "In 7'00"[., ,C'R 1 G~,:lQ FEU 7" T>'IE P.,,,,, I.'"
ellRVlJURE Of' 1\ CUM 10 ~>itLP1, 1'It\'J/Nr.: _ R...OW/S or 1500U
rEET." CENtRAl. JoNeLl or 1'7'~&'OQ", II. ("MORO BrARrNC OF
N 2J"26:00"Ti. AIoIO ^ tHORO LrNCIt-/ Or ~87,07' rE~.;
lHEHCC "LP';c 'J./[ loRe 9f' SA!li CWlvE, AN ARC l.EIIC7H or J8~, 98
FEtr 10 nlE ponll or, lAJo1C!:NeT 01' 'SoloIO CUl;VE;
THE:NCE s.er5I'OO"\r;.. FOR' JO:S.U rEO TO THE POINt OF
C\)RV~UR[ C1F A CLIRVl: TO tHE Lrf1, HI\VIII/O: ~ RADIUS OF t500U
rEEr, A C[NUW, ANCL.t or $8'l1~27'. 1\ CHORD lltARlN<:' or
S,SS4S'l7"w, ......0... CHOIlO LENGTH or 1~5,88 FEE':
1HENCE ALONe lHC ARC 01 S;lIJO CURvE:, AN ^RC LEN';)H or 1!>:..l4
rEET T(l lifE: POWT or TANGENCY or SNO CURVE:
lHeNCE 5,2~'o39'j.3'W" roll 111l.Jll FCrt;
1HENCP: 5,10'3/'1)0"1'/.. rOll .'12.9!1 FECI:
lHtNCE S.61"IJ'Sa'W.. FPII B~,67 rta TO rl-lE P(JlNf o.
CURVATURE or II CURVE 'ro THE LEFr, .....VING:. A RA(lUJ5 or 1~5 00
FEO, A CENTRAL AN~E CI 16'35:'43', 1\ CH~R[I BUoRING 01'
5.5756'q7iY, AN.D " CHORD LENCIH or ~~. 74 FErr:
lHENCE ~ONC IIl[.ARC 'OF SAID C\JRVt. No/ ARC LE;",;rH OF .4,89
FEEl T(I THE POtloll or REVERS't tul!V41UIlE (IF II CURVE 1(. I'll;
RI(;HT, HI.\IINC; " AADlUs OF 2'll,oo reEl, .. CEN:ril:Al. ANGLE CIf'
6O'53'J1", ^ CHQRII llE.ARINC OF S,~:"1T.i'2~'W, AND " CflOIlD
LENCtH Of" 29,39 FEtT:
lHEIo/CE ALONG THE 'ARC or 5"',0 ('!'irofE, ~ ARC LENCTIf .ar 30,62
FEEl 10 lifE 1>01IoI'i or T'AHGONCYO:;F ~o I:URvE:
lHENCE fIi,1.c'Z7'4$'W.. rail IBli,3a Ft:i:/ III IHE POINT Qr
CUR\ljlJURE or " CUlM: 1(1 1 HE RIo,Hr., HAVING: 1\ RIIlllUS OF ~J$,DO
FEEt, A C!NIRAl t\nCl.E OF 07'00'12., ... CHORD BtI\RING or
II 7lJ'57'39iY, AND A CHORl'l LENCIH 01' 28.71 FtET:
lHENcr "l.ONr. lllE ARC OF ~"Jl) eLIIl'.'!:, "'" IiRC LENGIH Of' ;~ 7;!
ftET 10 lHE POIHl {IF T...JoroENCY (JI' S.AlO CURVE.:
lHENCE N.67'~7'JJ"W.. fC/l\ 119,'8 Ft:t1 TO lH~ PQlNf OF
CURVATURE: OF " CURVE 10 niE Rlr-Hr, H"VINC: " RAllius OF :US.OIl
FEn, 1\ CENrRAI. ANGlE or ~]' 4 I'J(l", ~ CHORO Bf.ARING CoF
N ~5' JS'A7-W, /\If!) " CHORD L!:NGrH or 15<,57 ,EU;
1HENCE Al.~ THI1 ARC oJF SAID 'CIIRVt. 4101 AIlC lENCfH OF lS6.n
FEEf 10 'HC P(IINI OF REVI;llst CLJI!VI\IURf 01' Ii CURVE 10 lHE LErr.
HAIIlNG: Ii RAOIUS {If" 300.00 rCEI,. ... CEN I/tAl AJorGLE or
41'55'20", Ii CHORD BEARlNC 01' tl,"4'41'4~iY MIi> A (;HC'IJD
lENClH Of" 214,64 rEE1:
1HENCf ALONr. THe ARC OF SAlI1 CLIIl"t. 4N ARC lENGTH <)1' :! 11l,50
FE(I TO 1HE END O. SJoID CUFM:~
lH[NCE t:l. 17'4i'$~"(_, FOR :JJ~ rCET.
IHf;NCE N76'')l 'tl'W" "011 167,!l4 FEEl:
1HENCE N,~S',4I'2~"W" FOil 504,55 FCll l.J IHE Pl)lNf or
CVRVAlUllE. OF ... CURY!: 10 tHE lE:F1, lil\V1NC: 1\ Rl.DlUS or 51.'0.00
FHT, A CENTRAL ANGLE: at 2G'4~'41.. 4 CHORD 8EARlIiICOr
101 78'I)J"J"", "'ND 1\ CHORD lCNGIH OF' 271,!>4. rECT:
THENCE ALONG 1M[ AIle or SAID CURVE, AI'( AAC LENCTH OF 2~II,07
rEn 10 rHE POINI OF It.NOENCY or SAfe> CURVE:
lHCIolCE 5,S"33'57"11.. FOR 59",,]1 rEEl 10 Ii POINT ON A CURVE
10 lHE RICHI, HAVIIo/C: A RAOIUS or 217 ,I FrEI, Ii CENTRAl. ANc,;lt
QF '5"24'.33-, " CHORD StAIIINC 01' S,O" 1!l'Ti"\,{. AND " C110fil)
LENI;TIi OF 205,~~ "EEl:
lHENCE ALONG 1He ARt OF SAID L"URvr, AN .lRC LENGrH or 2"1 J,SS
'EEl 10 IHE PC>INl or IlEvERSE,: CUirofl\IURE OF' ,., CUlM 10 IHE LEFT.
HAVlIlG: A RJ,OIUS OF 110,00 rEEf; A. CEN'TRAl ANGLE OF
6.43'J7", A CHORD BeAIlINt; OF S,1,)2'54'1')"E, AND A CHORD
LENGTH I)F' 120,99 rEEl:
lliENCE ALOllG lfo1E ARc OF SAID CURII(, AN ARC LENGTH or 128, I'
HEr TO fl1E POllolT CF REVERSE CUIIVATURE OF A CURVE TO HiE
RIGHT, HAVING, A R',DlUS Of 90,00, rEO. A CENTRAL ,l,NGlE OF
65'23'01", A CHuilr.o llE,t.llJNC 9F s,O)'O~'~I't, ANO II CHORD
LENGTH 01' ge,5~ FrET:
, HP:NCE ALONe lIIE AIIC 1)1 SAlO CURVl. AN ARC LENGTH or 104,26
rEEl 10 IHE ENI) OFSA'D CUR\IE:
1HENCE ;,48"21'591:.. r'om J7,17 FEET;
'lHENCt N,e"~J':;!7"E.. FOR ~IlB,19 I"f.Er TO lHE' POINr or
CURVATliRE or ... CURvE to T.IoIE RlCHT, HAYING: 1\ RADIUS or 190,00
rEEf, A CENTRAl. I\NG.t[ OF ~5'05'46-. 4 CHORD 8[,IJ\JNG {IF
5.69'503'10"[, AND ^ CHORD ll:NG1H (IF 14'.11 FEET;
1K[NCE ALONe lHE ARC OF SJlID ':URvE:. AN ARC LENGTH OF '49.54
FEEl 10 lHE POINT Of liE VERSE ,CVRYAlURE or A CURvE TO IHE lEFT,
HoIIINC: ,I, RADIUS Of 500,OU rEET. A. CEN'lRI\l ANGLE Of
10',5"2", A CHORO BEARINl) OF' S 5<' J2'~n:, AND A CHORD
UNCTH I)' !l0,81 I'U:T:
(
",..
EXH.IBIT !IJ E"
~ OF 9
/")
,._~~ ~... "'''' Ag,~nda Item No, 8e
;,"",~ctober 24,2006
, Page 182 of 273
./ OR: 3929 PG: 301B V
e
--
THENCE ALONe TlIt ~ :O~ $~ CUIt\It, An .Me lENGtH Of"- 90.9;1
rEa 't'0 'I:IE: POINT or .'I:~Gtllc:r 01' SAKI CURVE;
l11ENct: S,;iT4:l'ZIl"E., fOll" tll2.,7hFEET:
T'M!)ICE 5.71'31'3'"E., fOR QO~6t1 fEET:
THENCE 5.78'05'48"E.. F'OR 20),21 1'[E'l';
THENCE N.~'.3l'15"t., fOIl 11>9,'%2' fEl1T JO ... POINT l>>I A CURVE
'TO tHE RlCIi1. HAVINO: "'RADIUS or, 225~OO FEET. A CENTRAl.. ANClE
01' 3TSll'4", 1\ CHORD 8fJ\R1lolO' or S..:l9'47'S!I"E. AND A CHORD
lENC~1:'l OF H6.U, reo: ' '
nfi:NCE ALONG 'rHt AAt.W .SAIl) CURVE. AN MC UNcTH 01' 149,15
FEO 'TO 'l-!E POINT of REVERSE' CllRVAlURE or A C:VRIIE TO lHE LEn.
tlA"'"'C: A, R~lUS OF -270iDCI FIlE'!, II CEtlTRAl. IllNCLE OF
I "09'37-, A CttDRlJ Ill!:.fJllNO' OF s.zs-,tJ'h'E. ANll A ciiORO,
\.€NG'TH or .S2,~1 fEET':: ' -
THENCE ALONG '!liE loReOF' SAID .CURVE. ".., MC lENCll1'l OF' 52.511
f'EE'! TO lHE EilIO or SAlO CURVe:: ' ,- .
THENCE' S,2J'411'41"W~ FOR Uie,,41i FEET:
,THEi'it:1! S.:i3'OI'D9"E.. FOR 72.9~ I'EO:
lHENllE S,13'?1'30'E., FOR 123,18 Ft!:T:
THENCE s.sZ'01'33"W'.. FQR 93.07 f'tEf;
THENCE: !iJ)J'S5'02"E., toR 1 !l3.4" FtCI':
TME:NtE S.60'\O'J6"t., .f.OR 7 use rEEh '
THENce S.$~:50'15~. f'QI:l 297,50 FEET;
!liENtE N.:WOl'05'!.. FOR 21:l,Oe FEU TO " POINT Off " ciJRVE
TO THE l.EFT. W.~lllG: A IWlIUS Of ~45,'4 FEEl, II CElffRIiL ,\NGlE
OF 2"59'44" " CHQAO .BEAAlNC l;lF 5,\0'45';)0:"[. AND" C1iORD'
LENGtH or lJU~ n;nr' .
THENCE ALONG THE ARC OF SAID CURVt; AN ARC lENGTH OF 13Z.50
FEET: ' "
THE"lCE 5.2I'45'2B"[,. rOR 5'88,04 FEET IG THE POINT OF
CURV"TUflE Or " CUM 10 'lHtRlqJfT, HAVING: II RADIUS OF 575,00
r.~ET,. A CENTRAl.. ANGl.!!: OF' 41"17'35', A CHORD BEARING OF"
S.02'S3'30"W, AND' A CHORO LENCTH OF" 419.8~rEEl:
THENCE: ALONe THE ARC OF liND CUlM:. <'N MC ltNcfH OF' 494,75
m:r TO 'THE PoiNT OF' REvERSE CURVA'lURE: OF A CURIit TO 1HE LEn,
KAIJI<<G: A RADIUS or 5~S.OO rE&:'!. A CEIltllAl ~GLE or
05.56.27..,.... CHORO SEMII\C or S:.zn-4"to"VI. AND A CKOIiO
lENG1~ or 54.41 I'Err:
THENCE. ~ONG Till: Me OF ~D CUR'./E. AN ,AIle lENGTH 0.54.44
I'l:O to TRE POINT Of'. ,^"GtMCY or SAlD C\J1tJE:
'THENCE S,2":5_G'IlD'"YI.. FOil 23ue fEET TO 'HE 1"OlllT or
C\iRYA'UIlE 01' ".CURV!;: 10 1Ht R1Gl1t, HA'iIINQ: " RADIUS OF 25.00
FEEl. A CENlRAL ANQ.[ DF B.3'.29~OO". Jo ClolOllO BEAIllKC 1)1'
S,6~~20'JO"W, AND 1\, CHORD LE~l:TH' 01' 3J,2il FEtl;
THENCE Al..ONC mE ARC OF SAID CURV!, AN ARC LENGTH or :)6.4 J
F'EO TO THE POI.NT OF TAJoIClE~CY OF SAID CUM: '
THENCE N,n'SS'Oo":N.. FOll loe.a,7 FEE:'T 10 THE: POINT OF
CURVAl\IRE OF Ii. CUJM: TO THE RIGHT. H,r,VlIlG: A RPDIUS OF' 200.00
n:CT, ,r, CENTRAl /INGlE or 12'08'5J". Ii. CHORD !lEAR~G or
/01.68'50'''4 "W, mD Ii. CI-IORD LENCTH OF ~2.32 FEE'T;
!'HENCE ALONG TilE Me' or SAID CURVE, AN ARC LENGTH Of' 42.010
fE!;T ,TO THE POINT OF' TANGEHCY or SAID CUfNf::
TIiENCE tl.62'45'OB"4'.. FOil '45.65 rro 10 tHE .pOINT .OF '
CURV....TURE at" A CURVE: TO THE lCFl. H"V1NC: A 'MiliUS or 300;00
F"'EEl, A CENTRAl. ANaL( OF 11'Sr':I-7', Ii. C~'ORC 6EMlNG OF
"'.6B'4Z'06'W. AND Ii. CHORD IbIGlH of 6'2.ii2 FEE'T:
~ENeE Al.01olC THo .aRC or. ~l) C~AVE, Nl MC l.6roTH or 62.1.:!
rEC\' :ra 'T\{( POINT OF TANGENCY or SAID CURVE: '
n{ENCE: \oI.74'3B'05"W.. FOR I,Q,26 nET TO lHt POINT OF
CURVAlURE OF -A cufl\lt '0 lHE; RlGKl, HAl/lllC: A R.&J)IUS Of' 15.110
fEET, A CENTRAL ANGLE or 3lr5z'12', Ii. CHORt' eo.R~G OF
N,:iG'11~l)9"", ~D A CliORO \;fNt:lHOF lS,Sl FEET: .
THENC( AUlNC THE ARC Of' SIIIt> CURVE, AN .o:RC LENCTH OF I G,og
FEET TO THE E'llll OF SIIID CURVE.:
THENCE 5.74'38'05"E.. FOR S~.26 ftET 'TO lHE POINT OF
CUlNA'UR'E or A CUR\'!: 10 111E RIGHT. HAVlNC: A R.IlDlUS 01' JO~.oo
FtO, II CENTAAl ANGLE or 1 \'51'S7', A CHORD BEARING; OF
5,68'12'05'[, AND ACHORD lE:NCTH or 6.:l;ll5 FEET:
TI~ENCE Al.ONG THE IIRC OF SNI) CVRVE, AN ARC l(NCrH Of 63.17
FEET TO THE POINT 01' TANG!;NC'r' OF SAID CURVE;
THENCE: S.6Z 46'OS"E:., FOR 40.84 reEf:
mENCE. N.I7'4~r~1:.. fOR 410.0'1 F"EET 'TO THE POINT Qr
CURVA1URE OF A CURVE 10 THE Lm, H,WlllQ; A R.f.OIUS OF' 7Zl)_OO
FED. A CENTRAL ANGtE: OF 3J'4~'2!l'. /0. CHORe BEARING or
N.OD' !)'('.(U t.. "WO /0. CHORD LENOTH Of 4 ~O,4'1 FEET:
r~t."Cf. .'\ aNt; 'THE ARC Of 51.10 ~URvE, AN "'IC LENGTH or 476,53
Fl.n II) i.IE POINT OF TAtlGEIlt'( Of' 5"10 t:VRVE;
IHeJ:(I~ ',.,I:,'5-J.:.s''W.. FOR 234.00 Frel 10 THE POINT Or
W".MU~E. 1)1' A CurNE 10 '~lE \.tFT, ""VlIICl ,. RADIUS oF' \30.00
fF.!:I, /I 1.6NTF!AL ANCLE OJ' 49'~l'03', A CHORD SEMING OF
-N&l:49'g~,~CHORD l!1-IC1H or 1~Z..fEET:.~
EXHIBIT II 8 n
3 C)~ 9
l'
~
,
.
'-......
..r OR: 3929 PG: 3019 V
l'kENi:E Al.OHG THE Me o.F' SAID. CURVE, A.N lIRe LENClH DF' 11.\,11
FEEl TO THE POlHT or ,CONPOUHD CURvATURE OF A CURVE TO. !'HE
LEn, HAVING: ... .RADlUS o.r 50,oil FEET, '" CENlRAl. ANGLE 0."
ZS'.)4'2Z", A CliORD BEARlNC aF IU8'')1'49'W. AND ... CHDRD
Lr"IGTH 0.1' 22. lJ rE Er: . .
THENCE Al.ONli THE ARC o.F'- SAID cuRVt, AN -'IlC l(NCTlt OF 22,32
F'EEt TO. lHl: POINT of' rANCEllCY Dr SAID CURVE:
lllENCE S;1l/l"cl'OO"VI.. FaR 19$.24 rro TO. TIlE POIi'll o.F
CURVATURE 01' A CURl/( 10' lHE LEn, HAVlNC.: ,. RA\lIUS OF 1,)0..00
FCET, A CENTRAL .ANGlE DF 84'5$'05,', .. OlORD IlEAIIING DF
S,46'13'28"W, AND,. CIiORO lENClW or 175,52 fE~;
THENCE Alo.NG TKE NlC OF SAID CURVE, AN ARC lENGIH or 192.67
FEEf TO llit POINT or CCIolPQuIlD CUIlVAI\IRt ar A C\J1lIIE TO. THE
LCFT, HAYlNC: ... RAIltUS OF 500..00 FEE1, A CENTRAl. ANGLE DF'
2r~'24', A CHORD BEARING OF S, I 0' II' 4"7"1:. oU/D A CI-IORI)
l!:NCIIl or 24iU7 FErt:
THENCE Alo.NG: TIft .r.IlC or SAID CIIllVE, AN ARC U:NCTH 01' 2.3,6B
FEET TO. 1'I1E /'OM OF RtvERSE t:URV~RE o.F ,. CUR.vt TO. THE
R/CHT, HAVlNO: ... RADIUS o.r ~;oo rEU, A. CENTRAl. AHGl.E o.r
23'<<)'46', A CHallO BEAllING r:JF 5, r2'IO'O;~ ANO' ... CHOR!)
lENCTH tF 2D.!t2 F'tET:
THENC!: ALONe THE ARC Of' 5AlV CURVE, AN ~c lEII/GTH Of 20.,66
rEET TO. '!HE POINT Of TAHCENCY aF' SAID CURvE:
THENCE S,OIl'78'4,n:., FOR 287,27 FEn;
THENCE S,')G'18'02"E., fOR 90.86 FtET 10 THE POINT of'
CUllVATURE: Of A CURVE TO THE RlCHT, HAVlNC: A RADIUS OF 80,0.0
FEEl, A CEWR.4l ^NC;lE Of' 6/l"Ot'.}i", A c;HOfiD SEARING OF
5.02'16'45,,(, ......0 ,. CHDRD ltNtTH OF l!9.52 FE;T:
THENCE ALONG THE ARC: or SAID CURVE, AN ARC lENGl'Ii OF' 95,01
FEEl TO THe fi;NO or S4lO CUIlVE:
THENCE S.721lS'07"E.. FOR 00,04 FtEl TO A POINI ON A CURvE
TO. THE LErt:, HAVltolC: A RoWlUS OF 122~,OO fEEl. A CENTRAl. lINGLE
OF D"'4!l'31", A CHORD 'BEAAlNG or S,18'lo'0411"W. AND A CUORO
LENGTH Of' J9.02 f~ET:
THf:HCE Al.o.NC rHE .oJlC o.r SAID CURVE, /VI ARC LENGIH DF' .:19.,0)
F'EEr TO THE POINT or T1WOENCY or SAID CUM:
THENCE S,15'21'55"".. FdR tJ7.811 FEn TO lifE POlN! or
CURvATURE OF ^ cu~'t TO llolE: RlCHT, f./I\\lWC: A RAOIUS or 25,00
FEn, " CE.NTlVJ. N-IGLE OF 90'00'00", ^ CHORD 8EARI,~C OF'
S.60'21'S5"W, AND ^ CHORD LE:IolCTH or 3:5,36 F'tcT.
THENCE AlONG THE ARC Of' SlJo. CURVE, AN ARC LENeIH OF' J9,21
FEET TO '!HE POII"T or TANGENCY OF' SAID CURVE;
'TKENCE N.7C':J3'D4"W., raR 3Q,91 FEU TO THE POlloi'! OF'
CURVATURE qF 10. CURve to THe: LEFl, 1i"V1HC; A RAllIUS o.r 250..00
FEET.. " CEllrRAI. MlGLE .01" 38'13'11", ^ C>lQRO BeIIRING OF'
S,87'l5'19"1'1. AI-lO A CHORD LE"'G~ or 1:55.42 F'E:1:l';
THENCE AlO",c THE: Aile OF SAJI) CURV[, AN lIRe LENcrH OF 158,04
FEEl TO THE POIHl OF TANGENCY or. 5.0.10 CURVE:
THEI\lCE S,69"'Da'C4"W.. FOR IJS..59 rrET:
THENCf: N,JS'43'J9"W., fOR 116.50 FEET;
THENCE 1I.2S'IS'5,3"W.. FOR 398,82 FEEl:
THENCE 1/,011'.30'4-1"".. fOR 82.2.0 fEU;
THENCe 11.02'26'00"[.. FOR JZ 1.58 FEET;
TJiEIICE II 66'2n.5"E" FOR 37,86 FEEl:
THElleE 1I.5I'55'25"t.. FOil ",24 l"EEI:
Tt1ENCE 11,84'55',77"[" FOR ~Q, 18 rEET:
THENeC N,51'12'13"E" rOR 32,03 FEer;
THENCE 10105'27'30"[" FOil 38,73 rE[T:
THENCE N,3S'H'13"W.. fOR 29.88 FEET;
'THENCE N.B:t2J'SO"w., FOR 27~5 FEET:
THENCE: N,5'I':;O'0<"\Y,. FOR J2,159 FEET; ,
THENCC 11,04'52'04 "IV.. FM".2< fEET:
TliENeE 1l:~9'56'45"E.. FOR 127,37 FEET:
THE:NeE N-08'J2'"7'W,, Fall 58..J8 FEET:
THENCE 1l.08'32'3.1"w.. FOR 30,98 FEET;
THElleE 1l.':l'l"46'39'W., fOil ,1".26 FEET:
THEllce N,80'49'02''I'I., FOR 23,62 fEET;
THENCE S,6576'SO'W" Fo.R 77,28 FEET;
THENCE N,39'J7'29"W" FOil 30.59 FECT;
THENCE IWO's6'1 n., FOR 62,32 fEET:
THENCE 1l,13'OS'J..W.. FOR 52.26 FC(T:
THENCE: 11.I2'07'S5"t" rOR 71,76 FEET:
THENCE ",26'27'211"W., Ft'R 30.23 rEET;
JHENCE N,42'Jll'2~"W., rOR 213,71 FEEl:
THENCE N,43'o.7'55'W., FOR 84,94 rEET;
THENcE N,28'OI'05"W" FaR H,67 FrCT;
THENCE 1l.46'39':;7"W., FOR ISO.80 ffC1: .
THENCE 1I,66'26'54"W., FOR 69,79 HET:
THENCE N,BS'.:lO'J6"W" FOlt IZ.'$,43 "EEl;
THENC( S, ?9'09'4S"W.. FOR 42, II F((T.
THE:NCt H,Bl~2::'Q"W" FOR 13,~ FEET;
THENC( N.81'2~':'4"W., FOR' 162,41 FEEl;
1'HEt>/cr N.::S6'09'~9"W., ~Oli 71.07 FE IT;
r1I1'NCC N.e9'16'02"W" FOR 37,15 FEET;
11,l}JCE5,e5'::S~'55"\Y., FOR ,~5,1l7 FCET:
I III NGE S,!j4':)7'J'4"\Y.. FrJIl 31,.)1 FUt
I'll "'ISE [;,'lS'14'46"W.. FOR 1~,~ 1 FtET:
. IlIlC( 5,63'06'06'1'(.. FOR 116,24 ,En;
1 'tl,CE S,10'32'08'W.. FOR 43.5J FtEl;
"IENCE S,40'2g'O,2'E.. FOR 41.54 FEEr:
HlENCE 5,OTIr,'49"E:" rOR 9J,gol itEr;
THENCE 5,15'1.)'05"(" Fon 72.l1 FEEl;
THENCE S,;lI'04'16"YI.. mil 1!f,22 rEEl;
(]
'~~-tm ;
EXHIBIT -B 17
if ~~ 9
Agenda Item No. 8e .
276~ODer24, 2006
· ge 183 of 273
e
~
(
THEN~ S.ro.SS'II"vi.. f.OR 89.8~ FEEl:
THENCE "5.2Y.Oll'~.O"E.. FciR '134.\' FEET:
THtNCE'S.JTU';l7'E.. I'M IS.OO FU:T:
tHEHc:t: S.111~ 17" ;)"E.. FOlt ;)8.22 FEU:
THENCE S,IlJ'05:27"!... FOR '207.611 rEET:
THENCE 5.0TIJ'57...... FOR 10UII Fro:
THENcE !i.JT4S'61"E.. FOR tlll.54 rttr\
,!ilENe!: S; I7'DB'4B'[.. ~OR 18'2.56 FaT:
THENCE S~;).O'~'E.. FOR ;)6.9' rEE'f.;
'THENCE. s. !1T,46:J6"E.. FOR.14.71 FElF:t:
'Mt.i~ S.54:0:i3~:t.. ,FOR 107.89 FttT:
THt'NCE S.~O'P7'" 1 'l., FOR' J \':11 FEeT;
l~E S.,n6'3e;w., rtlR 55.411 F'tET:
THENC,F: S.'4J'.4.Q'1l0 t.. . FOR 12".~4 FEET:
lHENCE NJli'U'oo"t., FOR 3S1.5!i FEET;,
THENCE N,\9'IS'31"N.. FOR ~'l.54' fEET:
. T!'lEIICE 11.57'20'25"\11.. FOR 44.20' F~l;
THEilICE 'N"2O'2;5'43"W" fOR Z4,~ FEET:
THENCE N.~35'11"E.. FOR 23,!lll FEET:
~NCE N.38'08"62"W.. fOR 40.:39 fECT:
TKttlCE ll.p'OS''2I"W., f9R '",0.15 FEET:
THENCE N.I\"25','''''.. FOR 33.22 mT:
THENCE N.45'1J"3J~.. F'OR ~',"4 fUT;
THENCE: U.31'O,""ll"Il.. .FOR 41\.5<4 Fttl:.
THENCE 'I.16"31'3.1"...~ 205.,15 F'tCl;
THENCE N."r04'02"'<<., rOll 38.111 fE;tT~
THENCE tl.$1'19'21"W.. fOR 48.71 fSEl:
TMEHCE 1ol.1&.....~7"'W.. FOR 42.62 FEET;
THEJolCt N."T45'~"W., ,.0'" 4'1.30 FtEl:
THENCEN.05'S9'14"W., FOR ''',66 fEET;
THENCE N.1l2....1.2S"E.. f'Olt 33.G7 FEET:
lHENC( N.6T42'Clo"E,. fOR 911.ll1 FEET:
lHENC~ $,60'15'22'E.. FQR 47.92 F!C'T:
Tl1frtCE 5.0P'21!'-1l1"W.. roR 12.3,83 FEET:
THENCE s')5'4B'S6"E., FOR 63.20 ftl:T:
l1iElltCE $.6 nB'29"t.. fOR %21l.93 FtF:l:
THENCE '5,2:2'44'2'''E., FOR 77.7\ FEETl
mElolCE S,O;f2S'17"W., fOR lD4.79' FEET;
THENce S.25"1I11"II"E.. FOR ~9, 1 B FEI:T:
THENCE s.n'OS'21"E,. roll 22,1-15 FE~:
THtNe!: $.38'011'52"[" FOR 19,52 FECI:
THEN"E 5,36"52'12'... fOR U9,!!.0 FEE'l:
TliENeE $,63::>n.7'E.. FOR 24.;U flttT:
THENCE 5.8;1':18:30"1:" FOR 70.77 FE(l:
T~EHCE S.:I7:20'S4"W.. rOR 155,65 ftEf:
TktNCE 5.96'27';>1"W., FOR 18J.B3 FEET:
THtNCE S.JTI1's:..."E.. rOR \14.15 FEEt:
THEHCE 5.:19'33'33"(.. FOR le6,24 FEET:
'l'HENCE 5.45'28'03'[., FDR 188.09 tEET:'
'l'HEHCE $.39"17'22"E.. rQR 147"14 FEEl:
TH~a: s.JSJ7'JS'E" FOR 147.23 reET TO THE POINf Of'
CUflV...TURE or ... WIlVf: TO ,THE lErr. HAVlNC: ... IWllUS OF 260,00
rEP, A CEl/mAI. AHGLEOF '01'12'3"'. A CHORD etARiNc OF
5.,70'43'54"E. AND A CHORD lENCtH OF :113.71 FtET:
THENCE ALONG TilE ARC:; Of 5",,0 CURVE, AH ARC U:NGTH or 336.76
Fi:eT TO THE 'POINT OF TANGENCY OF SAlO CURvE;
THENCE N,7T09'~7'E_ FOR'i7~.21 fro TO "POINT ON.A CURVE
TO THE RIGHT. "'...VlIoIe:: A IlAl>IU$ OF :J~O,09FEET.A CEJlTRAl, ",NOLE
or 35'35'39-, ... CRORO WRINO OF 5,1I1I'31'JO"1:. />.Nt> A CHORD'
l. NCTli OF ~J l,J~ rEn;
THENCE. ALOI'IG' THE ARC OF SAID CUlM:' />.N ARC LENGTH OF 235,76
fEET TO tHE POINT OF. TANoENCY OF SAIQ CU'M:~
THl:tlCE 5.69'13'47"(., FOR 12ll,4a fEU: .
'THENCE S.ll'S9'45~E.. FOR 27M5 FEEl:
THElleE N,18'OO'15~E.. FOR 190.lll FEET:
THENCE 5.7n5'OO'E.. rOR 16,Jti FEET TO THE PQiNT Of
CURvATURE OF " eU1l1'E TO ntE' mOHr. HAVlN.G: A.. AAolllS at 25.00
FEET. A CENTRAl. IioNCLt OF 79"~6'S5". A CHoilll BWING Of
5,3:1'00'02"[; AND ^ CHORt> \.ENGTH OF 32,08 FtET~
THENCE AWNG THE ARC OF SAID CUlM:, III ARC lENGTH OF ;)4,83
FEET TO THE POlNl' OF COUPOUIolD CURl/ATIJRE OF A. ClJIlY( 10 THE:
RIGHT, HAWlC, " ~IUS CjF .:io.OO FE.Et, ... ctNTRAl. ANGLE Of'
40'\6'14"" A CliORO BfAAING at S,2S'OA'O!"IIl. ANI> ... CHGRD
. I.E.NCTH or 3"'..45 FEET;
THENCE ALONe THt ARC Of SAID CURVE. AN ARC LE'NGTH Of' J5.17
FEET 10 nit POINT or REVERSE CURVATIJRE OF " CURvE TO TKE'. LEFT.
HAVlNC: A AAOlU5 OF 125,OQ n:ET. A CENTRAL ANGLE 01".' '. .
.. !ln2'20", " CHORtl BEARING OF S.,OI'O.3'OO"(, ...we " OMORI>
lENCTH or 180;55 FUl; ..
THENCE ALOlle; THE ARe Of SAlO CURVE, AN ARC lENGTH Of 20Ul9
fEET TO THE: POINT Of Rr.vtR5E CUR.......TURE: Of A CURVE 10 lHE
RICK!. I'IAI/INGt ... RADius Of 7!>,QO.FEET, A Cl:NTllAi. AllGLE OF'
!. 4B'2"1~., A CliORO BEARIWC OF 5.2S05'~'4"E, AND ACHOR\)
LENGTH OF' t;l.:l& fEEl: .
THENCE AlONG THE ARC o.r SNQ CURl/E. ~N ARC LENCTH or. &3,4J
fEET TO '!fiE POINT Of' COMPOUNO CURVATURE Of' A CURVE TO lliE
RIGH1, HAVlNG: A RADIUS 0.1' 25,00 FECI, ^ CEtlffi"'-l AHGlE Of'
102"'l4'j9'; A CHORD llU,lltNC 01 ssr 1 S'22"W. AND A CHORD
LENGTH or 3Il.!12 FEET:
THBiltE ALONG mE ARC Of SAIll CURVE. M ARC LENClH OF 404.6'
Fr.El TO THE POINT OF' REVERSE CURl/II.TUI!E Of' A CURIIE. TO IHE LEn.
HAVING: " \W)IUS OF \250.QO FEtT. A CPlTRAL AlJCLE or
20'32'42", .... CHORD BW\~ OF N,lle'5J';i9"W. .4N0 A CHORD
LENGTH 0F"~.~Ml2 FEEl; , .
,. '\
e
e
. . 1": - . . Agenda Item No, 8e
r. " UK: ,/bj f~: U5.Jpctober 24,2006
Page 184 of 273
'~,OR: 3929'PG: 3020"
..
e
EXH'B1T" 6"
5oF9
-----.--r ..; .
,.-.-----.-...-.._.__~_ -_0_..__,
Agenda Item No, 8e
. . ~ 6R,' '1 "'63 Octo1>-e-r 24, 2006
f./ . PG:~e 185of273
..f OR: 3929 PG: 3021--./
I FlENCE AU>>lC THE ~C o~ SAID CUR\/(. AJ./ ARC l.E~GTH 0; 448,~2
rro: rQ THE PQINT or TANCENtT OF SAID CURYE:
THOIet S,8TSO'OQ"W,. FOil :;O~. 78 FEE'! TO lHt N~TH l.INE OF
PEUCAN /lIARSH 801)l.EYARO '!NO THE POINT OF' CURvATURE or. A CURvE
TO THE RIClliJ, t.f.\IIING: A RAllIut Qr 400:00 rEa. ... CENTRAL i.Hct.C
or ~2'49'OD", A CHORt> eEARJIolC or N.70'4S'3Q."W. IINO II CHORD
LEtlClTH OF 3~~,e I F(n:
THENCE AlONG SIJO NORTH RICHT OF 'PlAY LIIIE AHO THE MC Dr SAID
CURvE. AN ARC lfNGTtt or 368,73 rEET TO THE POlNT or T"-NGENCY
OF SAID CURvE;
THENCE ALONG SAID NORIH RIGHT OF' fiAT LINE N,4.'2I'OO'lv,. FOR
500,115 FEET:
THENCE AlONG SArD NORIH RIGHI OF WAY UNE 14,40"47'31"11'" FOIl
60.57 fin;
HlENCE AtONG SAID NOIlTH RIGHT OF' WAY UNF: 1'/,44'21:'00"W., FOR
56~ 9& rEET 10 THE POINI OF' C!JRVAiURE or A CUlM: T.O THE lEI'T,
HAVING; " R"OIUS or 3.5.5.00 fEEt. A CEi'iTIW. ANGLE or
41>\7':10-, A CHORD IJfARltlO OF N,67'2i'~O'YI, AND " CtlORD
LENGTH rJF 279,07 rEa:
rHENCE "LONG SAIl) NORTR IlICH1 or W"Y UNt AND "It: Me or s...ID
CURVE, AN ARC LE~Gl 1'1 OF 286,80 FEU TO TliE: POIN! or TANGENCY
OF' SND CURVE:
THENCe: ALOHG SIoJO NORTH RlliHT or WAY UNE S 89'21'40"w.. rOR
147,55 F'EET TO THE: POINT OF CURVATURE QF' A CURVE: TO THE metlT.
HAVI~G: A RADluS OF 25,00 FEET. ^ erNIRAL MlGLE OF
;}/l"52'1I-. " CtlORO 8EARIIoIC or N.72'12'IS'IV, ~D" Cl~ORO
LENGTH or 15,81 F[El;
TliENCE ALoNG SAlp NORTK RIGHT or Wf,;t LINE AND THE ARC or SAID
CURVE. AN ARC lENG1H or 16,09 FEEl TO THE tHO OF SAID CURVE
"NO TO A tlt-lE TWoT IS .10 FEET' EAST AN!l PAft,I,I.lEt WITH ~E EAST
lINE: or us ~l (150' WIDE):
THENc;E: ALONC SAlO LINE N.OO'J8'2G"'w.. rOR 12SI.9J FEET:
THENCE ALONG 5AlO I.JNE N,00'39'r2"'w., fOR 827,6.9 rEET;
TilEt1CE N,89'20'45"[,. FOR !l&7,1'O FEtt i" A CDRNtRON THE
NORTH UHE or: TRACT "B- AS RECORDED IN PL1\l BOOK ~3, "'''GES 5~-
!>6, . COLUER COU"llV. F).ORIOA pu9i.iC RECORDS:
T>/EHCE "'LONe SIoJO NORIH LJIo/E lKE FOlLO\YII'lO SEVtN (7) OESCRIBE:D
COUIlS ES:
1) THENCE N.5 7' ~ 7'~~"[.. rOR 46.92 F'ttT:
2,) THENCE tl.l;8"JS'2'1"[.. FOR 110,88 rEEl:
,}) THENCE N.017Jg'12'W.. FOR 187,$2 rEET;
1) THENCE: N,774"4Q."[.. rOR 573,75 f'EE'T:
S! THENCE S.72"59'(I:I"E,. rOR 785.112 FtCT:
6 THEHCl: 5.00'39'15"E.. FOR 27.71 rEET:
7 THENCE N89'20'45"1:., rOR 503,7& r('tT TO THE E!.ST UNt
or SAID TRACT "aM;
THENcE ALONG $ND EAST LINE S,OC'J9'l!'.E:., FOR 100.64 F'EtT:
THEtlCE ALONe. SAID TR.ACT 'e" S,89"20'cS"w.. FOR 5$.(5 FEET:
THENCE LEAVING SAID ~ "Il" S,IO'4S'SS"W.. fOR 1'01.4.2 f'EET
TO THE SOLtTH LINE or ClltEKSIDE COIAIERCC PARK WEST-UNn ONE. AS
RECORDED lit PtIIT BOOK ZS, PJo.CES 57 '" 'e. COL~IEn COUNTY.
r~OR1D" PIJBLIC RECORDS:
THENCE ALONG, SAID SotJlH UNE lfIE FOl.LOWIHG SEVENTEEN (I?)
DESCRiBED COURSES,
1) THENC( N,89'2,O'06'E.. FOR IOI.0~ n:(T;
2) T/iENCE N.l0'!l4'~1-E,. rOR J4,&4 FEET:
J) THENCE 101.15' J!1'57'E., FOR 20,~ FEEl;
41 THENCE. "'.,3:1'25'42-... FOR 1 9,9' rEET:
5 THENCE N,51'O\ 'OS'E.. roo 27.49 FEEl:
6 THENCE N.B:N4'D8"E.. rOR 26,23 rEEl;
? THENCE N;89'06'33-E,. rOR 42,U FEET;
8) !HENCE S,89'JS-().J-E.. FOR 3G.OJ FEET:
9) no/ENe.; 101.89'39'1 1"f:.. rOR 7l.6J rEET:
10l THENCE N,89'Jo3'17'E,. rOR 18,,36 I'm TO IHE POINT or
CURV....1URE OF " CURvE TO THE 'RIGHT, HAVING: A RI\Ol\JS Of 305.00
,,(!t. A CENTRAL ANGLE or J2'55'59". II CHORD !lEARINC or
5,8.3'58'44"(, ANO A CHORD LENGTH or 58,70 FEET;
II) TtlENCE ALON!; THE ARC OF SAID CURVE, AN ARC LENGTH or 68,85
FEET TO HIE POUo/T OF REVERSE CURVATURE OF ^ CURVE 10 THE LEn.
H..V1NG: " RADIUS or 50,00 FEET, A CeN1Fu,t. IINGl,E Of
36'26'24", A CHORD BEARING OF N,84'15'06'E. AND 'A CHORD
trNCTH OF 37.52 F'EE:T:
12) Tl4tNCE ALONG THE f<RC Of' SAIQ C\JRv!. AN AIle LENCTH 01' 36,' 8
FEET TO THE POINT OF RE.\lERSE: CUflV~lLiItE 'or A CUll'I( Tel THE
RIGHT, HAVING: A IlADIUS OF 80,00 Fro. A .CEN.TR"'~ ANGL( or
jJ'.Q4 '22", A CHORD BEARING. OF N,62'35'O~ "E. AND A CHORD
LENGTH or, ~S,S4 rEET: '
13) Tl4EI/CE ALONe lHE ARC or SAID CURVE, AN .ARC LENCTH or ~6.16
FEET 10 THE POINT or T"-NCENCY Of' SAID CURVE:
1~) THENCE S.8lT5Z'50t:". FOR 36,551 rEET TO THE' POINT OF
e
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EXHIBIT if B \Jr
to OF 9
(
e
A~a Item No, 8e
;' " i \ im~ 2163 PG; . ober 24,2006
CURVATURE Or A CURVE l\!l lHE RIGIfT, I-lAVlNC: A RADIUS OF 150.00' age 186 of 273
FEET, A CENTRAL ANGLE or- 20'12'56", A .cHORD eE;ARII'lG Of"
5,70'45'21"E, AND A CHORD LENGTH OF' 52.65 FEET: j'
15) THE~CE ALONG 'tHE ARC. OF SAlD CURVE, AN ARC LENGTH OF 52,92
FEO TO THE fl'OINT OF REVERSE CUR'Y'AIURE OF' A CURVE TO THE LEFl,
HAVING: /!. RADIUS OF'eS.DO FEET, A CENTRl\t ANGLE Of'
J9".30'17",'A CHORD BEARING OF' S.aO'25'on. AND A CHORD
LENGTH Of' 44.61 FEn;
16) THENCE ALONG THE ARC OF' SAJO Cl:JRVE. AN ARC LENGTH OF 45.51
FEET TO THE POfNT oF" TANGENCY OF'SAlO CURVE':
17) THENCE, N. 79' 49'51 't, F'OR 45,93 fEET;
THENCE N,74'56'42"(.. FOR 121.32 fEET;
THENC( N.84'45'32"E., FOR 23,43 "F'EEl:
THENcE: N,8T27'OS"E., F'OR 1,)2.37 FEE:T:
THENCE 5.69'40'18"E" fOR 12,21 ,FEEl TO T1-lE NORTtt LINE OF
PELICAN MARSH GOLf COU~SE. PHASE THREE ,6,S RECORDED II!! PLAT
BOOK 25, PAGES 1,4-16. C.OLUER COUNTYl FLORIDA PUBLIC RECORDS:
THENCE LEAVING SA1D NORTH UNE 5.69'40 16"E.. FOR 3'7,23 FEET'
THENct S,551'49'56'1:.. FOR 132.77 FEET; , ,
THENCE S.S6'04'4S"E.. F'OR 45,79 F'EEl:
THENCE 5.88'3Sl'20"[" POR 97,78 F'EET,
THENCE 5.80'39'23"1:" FOR 32.53 F'EEl:
THENct 5.56'0'1'43 hE.. FOR 35, 11 F'f;ET:
THENCES.3I$'19'n"E., .OR 32.02 rEET:
THENCE S.O~'O l'01''E.. F'OR 31.56 fEET TO A POINT ON A CURVE
TO THE LID, t;lA'(ING: A RADIUS or 80,00 FEET, A CENTRAL ANCLE
Of 21'59'53", A CHORD BEARING OF' S.12'56',04"[. AND /l, CHORD
LENGf.H OF 30.53 FEET:
THENCE ALONe THE AR,C OF' SAID OURVE, AH ARC LENGTH OF JO.72
FEET TO THE POINT OF' 'l'ANCENCYOP SAID CURV(:
THENCE 5.23'SS'oO"E., FOR t3,07 rEET~
THENCE N.89"20'45-(.. FOR 51.20 FtET TO THE Wf:ST RIGHT OF'
WAY LINE OF' FRANK aOULEVARO (COODlETTE FRANK ROAD)( 130' WIDE):
THENCe: ALONG SAiD WEsr RIGfiT Of WAy L1NE 5,05'34'48"E., FOR,
3066.67 FEET Tp THE POINT OF BEGINNING. .
AND AtsP;
TRACT CC4., PELICAN MARSH UNIT SEVEN, REF'LAl AS' RfCOR[)ED IN PLAT
BOOK 24, PACES 72-74, COLLIER COlJNTY,F'LORIDA PUBLIC RECORDS.
TRACT C;C~ CONTAINS 4.62 ACRES
LES~ ANn rxr:fl:'r' {LESS PARCEL "A"}
"'
o
~
,-
c....:>
-.0
~
'-0
e
ALL TH^T PART OF SECTION 27, TOWNSHIP <18 SOUTH. RANGE 25
EAST, COLLIER COUNTY, FlORIDA AND BEING MORE PARl'ICUl:ARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST OUARTER (1/04') CORNE;R OF' SAID SEcnON
27; THENCE NORTH 89'21'14" EAST, 10,00 F'EET: THENCE NORTH
00'39'12" wtST, 827,69 PEET: THENCE NORTIol air20'4's"
EAST, 45,00 FEET TO THE POINT OF BEGINNINC OF THE HEREIN
DESCRIBED PARCEL;
THENCE CONTINUE NORTH BS"20' 45" EAST 365.4:5 F'EEl:
THENCE SOUT~ OO~)9'15" EAST ,34.0; FEET;
THENCE SOUTHEASTERLY 41..35 rEET ALONG THE ARC OF' A NON-
TANGENTIAL CIRCULAR CUINE CONCAYESOuTHWESTERLY HAVING A
IlAOIUS' Of 70.00 FEET TRROUGf.I A CENTRAL ANGlE OF 38'4S'2.J"
AND BEING SUBTENDED BYA CH ORC WHICH BEARS SOUTH
64-"19'09" E,6,ST 46,45 .fEET TO A POINT OF COMPOUNDED
CURVATURE':
THENCE SOUTHERLY 259.5.3 FEET ALONG THE ARC or A CIRCULAR
CURVE CONCAVE WESTERLY HAVING ^ RADIUS OF 197,21 FEEl
THROUGH A CENTRAL ANGLE or 75'24'06" AND BEING SUBTENDED
BY A CHORD WHICH BEARS SOUTH 07'14'2J~ EAST 241.20 FEE"l'
TO A POINT OF REVERSE CURvATURE:
THENCE SOUTHE~LY 15HO F"EET ALONG THE ARC OF A CI.RCULAR
CURVE CONCAVE EAST.ERLY HAVING ^ RAID.IUS OF I Jt},OO FEET
THROUGH A CENTRAL ANCLE OF 56'43'37" ,6,ND BE1NCSUBTEHDE:D
BY A CHORD WHICH SEARS SOUTH 02'54 '07" EAST 142.99 FEET
TO A POINT OF REVERSE CURVATURE:
THENCE SOutHERLY 120.22 FEET ALONG THE ARC pF' A CIRCULAR
CURvE CONCAVE WESTERLY HAVING A RAOlUS Of 70.00 FtET
THROUGH.... CENTML ANOLt OF 96'24" z~ AND BEING SUBTENOEO
BY A CHORD WHICH ElEARS SOUTH 12'56'10" WEST 105,98. FEET:
THENCE SOUTH 62'08'1'(;" WEST 75,07 FEET:
THENCE SOUTHERLY 48,75 ITET ALONG THE ARC OF' A CrRCULAR
CU.RVE CONCAVe: EASTERLY HAVING A RADIUS OF' 30,00 F'EET
THROUGH A CENTRAL !\NeiLE OF 93"Of;'13M AND BEING SUBTENOEO
6Y .6, CHORD WHICH BEARS SOUTl'l lS'3~'\O" WEST 43.56 FEET':
THENCE SOUTH30'S'7'S6" EAST 3....79 Fe:Ei;
THENCE SOUTHERLY 19.94 FEET ALONG THE ARC OF 'A CIRCULAR
CuRVE CONCAVE WESTERLY HAV1I11(i A RADIUS OF' 80,00 rEET ,
lHROUCI'l A CCN'TRAL ANGLE OF' 1"'15'~,3" mo BEING SUBTtNOEO-BY A CHORD WHICH BEARS SOUTH 23'49'J7" ElIST 19.B.9 Fl:Ei:
THENCE ALONG A NON-'rAGENTIAL LINE SOUTH 84'13'\4" EAST
1 J 1.61 FED:
""0
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EXHIBIT" B H'
7 C>F 9
. .~~ellaa Item No. 8e
: -~\ -eR; 2763 PG; ~ctober 24, 2006
Page 187 of 273
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,
THENCE SOulH 1In,f5~" WE:Sf 62,1'1 FEET;
THSNCe: NOR'"" 804' 13'1 ",. WEST e2.!J5 fEET;
THENCE SOUTH 3J'05'~O" Wfsr 54,13 FEET; , OR' 3Q'9 PG' 3023~
THENGE SOUTH 76'56'51' WEST B~,04 n:E:T: ~ "., · .
THENCE NORTH 58'35'2'" WEST 65, I 9 F'EEl:
THENCE NOR1'H 15',31'5.5" WEST noo rEET:
THENCE NORTH OO"<4l'41" WEST 115,2~ FEET;
THENCE NORTfl 28'22'4-7. tASf 171,51 FEET'
Tf'lENCE NORtH 17"1""'::'" WEST 106.79 rEd:
THENCE NORTH IJ'02'S'Z" ~T 28,51 "Err;
THENCE: NORTH 73'30'1<4" WE:ST 5<4,78 FE:E:T;
THENCE SOUTH 49' i6'OS" WEST 112,78 FEET:
THENCE SOUTH 89,"f7'OS" we:S'T 53,08 FEf:T;,
THENCE NORTH 58'00'",,9" WEST 50.4'9 fEt'T:
THENCE NOTlTH 00'39"2" WEST 303,"'9 FEET 'TO THE PO/NT Of
BEGINNING OF" THE AREA or THE HEREIN DESCRIBED:
CONTAINING 5,15 ACRES MORE OR LESS;
e
ALSO lESS A~D ~XCEP!: (LESS "'''R'CEl "8")
eEOIN~NG AT THE SOUTHWEST CORNER or TRACT "c"' or SAID PELICAN
MARSH UNIT SEVEN REPLAT:
TIiENCE 5.15'52'OO"E" fOR 54.58 FEET TO THE pomT OF'
CURVATURE OF A CURVE TO THE RIQH~. HAVING: A RADIUS OF' 500,00
FErr, A CENTRAL ANGLE or 32'.33'00", A CHORD BEARING OF
S.OO'2'j'J0"W, ANO A CHORD LEt-:lGTH OF 2BO.2$ f'E!:T:
THENCE ALONG THE ARC OF' ~O ClIRVt, AN Af,C LENGTH or 284.05
fEET TO THE POINT OF T,a.r-tCF:;NCY Of' SAlO CU~:
THENCE S.16'41'OO"W" FOR 346,21 F'EET TO THE POINT Of
CURVATURE nr K CURVE TO THE' RIGI-\T, HAVING: A RA~IUS or 0300,00
fEET, A CENTRAL ANGLL or 33'42'57", A CflORO BE.ARINC OF
S,.33'J2'ZS"W. AND A CHORD LENGTH OF 17<\,00 fEET:
THENCE ALONG THE ....~C Of SAID CVRvE, AN ARC lENGT~ or 176.54-
rt[T TO THE POINT OF REVERSE CURVATURE'. Of ^ c'URVE TO rHE lU'j,
HAVING: A RADIUS Of' 175,00 FEET, A CE:NTRAL ANGLE OF'
7r'5J'32", .A CHORD BEARING OF S,I"'27'11"W, AND A CHORD
LENGTH Of 205.46 FEET;
THENCE ALONG THE ARC OF' SAID CURve:. AN ARC LENGTH OF' 219$8
rEET TO THEP.oINT or TANGENCY or SAID CURVE;
THENCE S,21'29'3t'i"E" FOR?522,111 f'EE:4 TO THE POINT Of
CURVATURE or A CURVE TO 'THE LEfT. HA.VING: A RAOlUS or 250.00
FEET, A CEN11W. ANGLE OF 43'41'0Z", I.. CHORD BE'AA1NG OF'
S,43'20'07"E, AND A CHORO LENGTH oj:' 185.02 n:ETt
THc:NCEALONG THE ARC OF SAlO CURVE, ~N /liRe lENGTH OF' \ 90,61
FEET 10 THE POINT OF TANG€NCY OF SArD CURVE;
THENCE 5,55'10' 3S"E., FOR , 86,90 FEET TO THE PblN'T OF
CURV.4TLlRE OF ,A CURVE TO THE un, ~VINC: A RADIUS OF 55,00
fEE!, ^ CENTRAL ANCLE OF 120'56'22", A CHORD BEARING OF
1'1.54'2"'1 ,.'E, AND A CHORD LENGTH OF 95.? 1 FEET.
m~-NCE ALONG THE MC OF SAID CURVE, AN ARC LENCTH OF 116,09
rEET TO THE POINT OF 'A~CENCY Of SAID CURVE.:
THENCE N,06'07'OO"W.. FOIt 752.1-4 rEEl TO THE POII'IT Of
CURvAT\.lRE Of A CURVE TO THE LEFT, HAVING: A RADIUS Of 105,00
FEET, A CENTRAL ANGLE OF 48':32.'13", A CHORD BEARINC Of
N,30'23'07'W,. AND A CHORD LENGTH Of B6.31 FEET;
!HENCE ALONe THE ARt 'or S^'D CURVE, "-1'1 ARC LENCTH OF' 86,9:;
FEET TO THE: POINT OF' TANGENCY or SAID CURVE:
THENCE N.S<\.' 39'13"W.. F'OR 69;36 n:tT:
THENCE N,DT38'09"W.. FOR 72,39 FEET;
THENCE N,7S.S0'S2"V1,. fOR 22,30 fEET TO' ^ POINT ONA CURVE
TO THE f\IGHT, HAVING: A RADIUS Of' I \00.00 FEET, A CENTRAl
ANGLE O~ 06'J6"7", A CHORD BtARlNG OF N,17'4.r\4"E, AND A
CHORD LENGTH OF 126, 73 rEET~
THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH Of 126.80
FEET TO THE POlN! Of' REI/ERSE C\,JRVA.1UREor A. CURVE TO THE LEFi,
HAVINC: A RAtJlUS Of' .30;13,51 fEET, A CENTRAL ANGLE OF'
04'~Q'364, A CHORD BEARING OF' N.une'O&"E. AND A CHORD
LENGTH Of 2.38.71 FUT:
THENCE ALONG THE ARC OF SAID ClJRVE. AN ARC LENGTH Of' 238,7?
FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE TO THE
LEFT, HAVING: A RAQIUS ()F'625;OO FEEl, A CENTRAL ANGLE OF
2J'26'25", A CHORD BtARING OF N,04'47'3~-E, ANO A CHORD
LENCtH OF .135,17 FEET;
THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENeT" OF' 3.37.52
fEET: '
THENCE N,n'SZ'04 "w., FOR 55,l1 tEET TO THE SOUTHEAst CORNER
OF S'A.D TRACT .C~;
THENCE COIUlNUE N,n":l2"04"W.. ALONG THE SOUTH LINE Of SAID
TRACT "C", FOR 45..39. FEEr;
THENCE N~89'08'15"W, ALONe SAID SOUTH LINE, fOR '68.:5'3 FEET
TO THE POINT OF BEGINNING.
~
tit
EXHIBIT" B ·
8 Dr.; q
,
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( '\
Agenda Item No, 8e
o c.24,2006
9 1"88 of 273
*
, I. .
~ **t OR: 3929 PG: 3024 ***y
",
CLUBHOl:lS!: PARCEL At BAY COLONY COLF' COORS[ AT ,Pruc.t.N MARStf.
LF.CAL DESCRIl'TION 'OF P~f or lRACT "CG-O, PELICm WARSH CW
COURSE. ~HAst TimE!, ~ECORDE(I IN PlAT BOOK ,7:l, P;'GE'S 14-] 6.
COlLIER COUNTv, FlORIDA PUBlI'=- I?ECORDS, AND BEINe 1A0R( PARTi(:lJv.ln."
DESCRIBEO AS F'Ou.ows:
(,OMI/ENCINe AT fHE NORJHtAsi C(IRt.IE!I Of' lOT 63, IlEtotrGRASS SEIlD M
THE EST^TES AI BollI' COlONY 'GULF CL09, RECORDED IN PV\T BOOK :n
PI'ClES 54 -5.6, COU.'ER COVNTY, r~OR'1'/II pueuc RECOIlDS ANO THE
SOUUI RICt-ff Of' w"rUNE OF BFI/rCRAS'> BEND AN[l II POINT ON A CURVI!:
10 TIlE RlCW1, HAIIIHC: A RADIUS or 2,2~,Ol:l FEET, A CENTRAl A'NGLE
OF' ,l7'Sln7", A CH()RQ Bf.AAINC or S..30'~r$9'l:, IoNO ^ CHOR~
lENGTH OF , ~&,~ 3 F'EEt;
lHtNct AlONG SAil) 5':>UH' RlGf" aF WAY IINF AND THt ARC OF' $Alll
CURYt, AN lIRe lENC.H llf' 14~1.I& fI:C1 10 tHE POINI OF REVERSE
CURVATURE OF A CURVE 10 IHE leI I, HAYING: A 'RAOlVS OF 270,OU
FEEf, A CE'NTRA\, ANGut OF 11'09'.17', A Cl-lORO SEARINC OF'
S;26'23"23"E, AND A CHORD LENCIH or 52,:11 rEET;
n~tNCE AlO,.,C SI\It) SOUIH RIGHT Of TIM \,INE ANtl THE ARC' Of SAID
CURVE, Mo' Me LEN(;'(H OF' ~2,S9 FEtT fu 1ttE END or S/\ID CURVE ANt)
IJo1E POINl OF 8E:GINNING:
Tl'lENCE LEAIJlNC !WD sourH RICHt or WAY UNE S~2J'4.11'C7"W.. A
DISTANCE, or 16S.'~9 I'EET; 1HEwCE 5,23'0.1'09"1:,. A DISTANCE' OF'
72.96 fEET;
THENC~ s.r :nt'30"E.. II DtSTAliCE or 123.18 rrEt:
THENCE 5,82'07'ZJ"W.. :A b1S1ANCE or: ~3.07 FEE:'\';
TI1ENCE 5;0;r~5'(l2"t., A DIstANCE Of 15.3,41 FEU:
THENCE 500"10'36"[.. ^ DISTNlCE or 7 Ul8 rEEl:
THENCE: S85:30'15"t.. A DIST;.lNOE or 297,~O F['(T:
THENCE 101,5'4'01'05"(.. ^ DISTANCE or 2'1-2.9& fo;l TO THE WESTERLY
RICHT 0; VIM LINE or BRASSlE E1t.NO AND ^ POINI ON A C\JRVE TO THE
mCHT, W.VING: A RAIiIus OF' l45 14 FEET, ^ CENmAl AN~[ or
OS29'1'", ,. CHORD BEl-RING or N',OI'~8'S2.'E. AND;' CHORD LE'~GlH
or 2\.00 FErr:
THENCE ALONG sAID WESlERL' RIGHT or WAY UNE AND THE ARC OF 541D
!:\lRVE, ~ ARC LENGTH 'or 21.00 FEE I TO THE P.OINf Of TI\NGENCY OF'
5410 CURVE: '
THENCE AL-ONG SAI!) WEStERLY RIGlfI or WIlY UNE N,OJ.'4-:l"27"C.. A
OISTJiNtE OF' 169,~2 FEEl TO I' HE POIi'll OF CURVoI,TURt OF A CURVE 10
THE 1llGflr, HAVING; A. RADIUS OF 15~,OO fEn, A CENtlW. MIClE or
0,'10'; S", A CHORD SEARII~G or N04'Z2'Sll"E, AND A ,CHORD LENGlH
or 3:57 F'tET:
THENCE AlONG So'IO WESTERLY RIGHJ or WA.Y UN. "..,0 THE ~ OF' SAlt>
CURVE. AN ARt:. I.ENCrH or '}:57 F[tf 10 THE SAIO SOlJ1'1l RIGHT or WAY
LINE ~O II POINT or ~EVERS!: CU!lYllTURE or A cuRVt 10 THE lEII,
!lAVIlle: ^ RAD1US OF 29,00 IE['t, " CENTMA. ANOlt t>r 711"30'28", A
CHORD et,ARING OF N.J4'4:!'31"W, I.N() ^ CHORD lENGTH or 37,011 FEET;
Tl1ENCE Al;,ONG SAID spurH RIGHl OF WAY UNE ANt> IHE ARC ot 5""0
CURVE, AN ARC LENGTH OF 4D.:!4 fEEl 10 lHE POINT ,OF TAHGENC'\' or
SAID CURVE;
THENCE A~ONC SAID SOIJTH llICHT OF WAY UNE N,74'27'4S"W.. 10
DISTANCE OF' 166,21 F-EET TO THE POlitI or CURVAtURE or A !:\JlNE TO
TUE. RICHT, HAVlNC: .. MDIUS OF Joo,oo FEET, ^ CENTRAl I\NOLE OF
01"00'1(", .... CHORD BEARlNC OF N,70'S7')9"w. AND A CHC1RD LENG1H
OF 36,65 FEET;
lHtNCE ALONG 5....0 SOUTH RIGHT or WhY liNt .....0 '1HE MC OF' 5AlD
CURVE, AN. ARC LEjo/!;;TH OF 36,67 rEEl 10 IHE POINT or IANGENC'l' or
SAlD CURVE:
THENCE ALON!;; SAID SOOrH RK'-HT OF WAY LINE:. A
OISTANCe: OF 1 \9,.!l9 nEI TO lHE POINI OF' CURVATURE OF A C\:lRVE 10
THE RIGIlT. HAVING: A RADIUS OF" 270,00 FEEl, ^ ,CENlRAI. ANCLE 0;
JS'29',;ij", A CI'lDRD IrEARING (IF' N,'>9'c2'S2'.W, AND ^ CHORD LENGtH
or 164,58 F'EEI;
THENCE AlONG SAlD SOUTH RI!;;HT OF WAY UNE AND TIlE ARC or SA'O
CURVE. AN AIlC LENGIH OF \67-24 FEEl TO THE POlNl or SEC1NHINC,
EXHIBIT liB"
~ of 9
~
Agenda Item No. 8e
October 24, 2006
Page 189 of 273
--
t.
(
AgendfRim Nsf ~
October 24, 2006
Page 190 of 273
e
deruntzMichael
From:
Anthony Pires [APires@wpl-legal.com]
Friday, June 09, 2006 11 :51 AM
deruntzMichael
nsdorrill@aot.com; David Robson; banderson@ralaw.com; Wayne Arnold;
atilton@johnsoneng.com
Subject: Re: AR-8833 Naples Daily News Rezoning Request
Importance: High
Sent:
To:
Cc:
Mike:
Thanks for taking the time to review the file with me this past week.
The Pelican Marsh Community Development District is still evaluating the application and materials associated
with this application. At this point, as a result of the District not yet having certain necessary assurances, the
District cannot support the application.
1. In the materials, the graphic of the Conceptual Water Management Plan depicts flows from the industrial
type printing plant site into Pelican Marsh, into the District [including into the "Preserve"'area encumbered by a
Conservation Easement and Drainage Easement in favor of the District]. This plan does not depict said waters
leaving the District the same way the waters entered. This graphic and plan is contrary to what the District had
been advised previously; i.e. the District had been advised that the flows would go West and South into Lake 43
and then go back North and East, out of the District.
4t
2. As this rezone includes industrial uses associated with large printing operations the District needs to have
assurances that hazardous materials such as chemicals, solvents and ink used in the printing process in no way
compromise the Pelican Marsh community or the District's facilities or properties. At this point I am not aware that
the District has such assurances.
3. the District needs assurances that the necessary pre-treatment of storm water will be done before it is
received into the Lake 43 located within the District.
4. If the PUD is to be approved, in addition to addressing the drainage issues outlined above. language
needs to be included within the PUD document that requires the owner of the industrial site to pay for the
maintenance of the water management facilities that it impacts; together with a collection/enforcement
mechanism..
I will keep you advised of any additional comments.
Thanks for your consideration.
-
Anthony P. Pires, Jr.
Woodwarcf, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239-649-6555 Phone
6/9/2006
Agenda Item No, 8e
October 24,2006
Page 9a6f 291 of 273
June 14, 2006
Mr. Ron McGinty, President
Bay Colony Property Owner's Association
9723 Niblick Lane
Naples, FL 341 08
Re: Naples Daily News Planned Unit Development
Dear Mr. McGinty:
The purpose of this letter is to memorialize tne agreement between Barron Collier
Companies, Collier Publishing Company, a contract purchaser from Barron Collier
Companies, and the Bay Colony Property Owners Association. Bay Colony will support
the approval of the Naples Daily News Business Park PUD rezone application, which is
presently pending before Collier County. Application No. PUDZ-AR-8833 requests that
this property be rezoned from agricultural to PUD. Attached hereto is a copy of the
proposed PUD Master Plan showing approximate locations. Collier Publishing Company
will become the owner of Parcel "A" and Barron Collier Companies will retain ownership
of Parcel "B" for the time being.
1. Barron Collier and Naples Daily News agree to supplement the existing
ficus hedge which presently serves as a buffer between the proposed
PUD and the Bay Colony Development with 80 Live Oak tree 12' high
with a minimum of spread of 6' at the time of planting. Additionally these
Oak trees will be supplemented with Ficus trees, to the extent Collier
County will allow the use of Ficus trees, to create an opaque buffer.
Naples Daily News and Barron Collier Company agree to work with the
Bay Colony Property Owners association to gain County approval for the
use of Ficus trees. The supplementary Oaks and Ficus will be located in
the buffer area at field selected locations between the Creekside PU D on
the East and the point on the west where the buffer turns South. This
distance is approximately 1 ,100 feet.
2. In the event that the ficus hedge is damaged by windstorm to the extent
of a reduction in the opaque value of 50% or more, Barron Collier and
Naples Daily News agree to replace or reset, whichever is appropriate,
any of the 80 Uve Oak trees installed abcbve and install or reset Ficus
trees as necessary to restore the buffer as blose to its pre storm condition
as reasonable possible considering the availability of tree materials at the
time of the restoration.
Agenda Item No, 8e
October 24, 2006
Page 192 of 273
Page 2 of 2
3. The Development of Parcel "B: shall be subject to the following
limitations:
a) No outside lighting on the southern side of any building
constructed on Parcel UB", and no lighting of the parking lot except
to the extent required by County. To the extent parking lot lighting
is required, "cutoff" type fixtures or shields will be used to direct
the light downward onto the parking lot.
b) Any loading facility will be located only on the northern facing
portion of any building, and building height is limited to twenty-five
feet (25") above minimum required flood elevation.
4. Naples Daily News agrees with respect to the building(s) that it will
construct on Parcel "A":
a) The only outside architectdral lighting allowed will be on the north
side of the building.
b) No signage, other than directional, shall be located on the south
side of the building. There will be no lighted signage on the
seventy-five foot (75') high portion of the building in any direction,
nor shall there be any antennas or satellite dished placed upon
top of the 75' portion of the building.
(Signature)
John J. Fish, President and Publisher
Naples Daily News
1075 Central Avenue
Naples, FL 34102
(Sign
Pa arinelli, President/CEO
2600 Golden Gate Parkway
Naples, FL 34105
Bay Colony Property Owners
Association
ignature)
Ron, McGinty, President
Agenda Item No, 8e
October 24, 2006
CO L L IP. (j{' S (j{P.SP. CJt o/P. )I S SO C I)I rr!Begf3 of273
11711 Collier's Reserve Drive - Naples, FL 34110
Tel: 239.254,0862 - Fax: 239.254.n84
www.colliersreservehoa.com-manaoer@colliersreservehoa.com
June 9, 2006
Mr. Mike DeRuntz
Principal Planner
Collier County Community Development
2800 N. Horseshoe Drive
Naples, FL 34104
Dear Mr. DeRuntz
I am writing you on behalf of the Homeowners' Association of Collier's Reserve with respect to the potential re-
zoning of the .U-Pick" tomato property on the east side of the Granada Shoppes. Representatives of Barron Collier
Companies and the Naples Daily News have met with me to review their plans for the subject property.
On the basis of our understanding of the proposed site development for the Naples Daily News publishing and
distribution operations, the Collier's Reserve Homeowners' Association has no objection to the proposed re-zoning.
As I'm sure you know, Collier's Reserve is north of the subject property and north of the Riverchase development.
While we do not object to the proposed re-zoning, we are extremely concerned about the additional traffic that wi'
be forced onto Collier's Reserve Drive as it exits Riverchase (Cross Point Drive) eastbound onto Immokalee Road,
as a result of the widening of Immokalee Road.
We have discussed our concerns with Bob Tipton, of Collier County Traffic Operations, and have been advised that
the traffic signal at Collier's Reserve Drive will be modified to allow a protected left turn arrow for eastbound traffic
on lmmokalee and the timing for signal changes modified. We are, however, opposed to any revisions to the
proposed site development plan that would divert or create more traffic on Creekside Way, immediately opposite
Collier's Reserve Drive south of Immokalee. Our objection is based on the current congestion caused by
eastbound traffic exiting Riverchase which frequently blocks Collier's Reserve Drive.
If you need to contact me regarding this matter, I can be reached at:
1211 Collier's Reserve Drive
Naples, FL 34110
239 - 513 -1296
~~
Member, Board of Directors
RECF~\/ED
JUN 1 4 /005
ZONING DEPARTMENT
e
Agenda Item No, 8e
October 24, 2006
Rev. 1 Page 194 of 273
PUDZ-2005-AR-8833
PROJECT #2005110029
DATE: 4/21/06
Michael DeRuntz
NAPLES DAlLY NEWS BUSINESS PARK. PLANNED UNIT DEVELOPMENT
PROPERTY OWNER LIST
Folio Number: 29331190521
Creekside Commerce Park Property Owners Association, Inc.
2600 Golden Gate Parkway
Naples, FL 34105-3227
Folio Number: 29331190660
Creekside Commerce Park Property Owners Association, Inc.
2600 Golden Gate Parkway
Naples, FL 34105-3227
Folio Number: 00168040601
Ocean Boulevard Partnership II
2600 Golden Gate Parkway
Naples, FL 34105-3227
e
Folio Number: 00168046003
Ocean Boulevard Partnership II
2600 Golden Gate Parkway
Naples, FL 34105-3227
Folio Number: 00168042900
Ocean Boulevard Partnership
2600 Golden Gate Parkway
Naples, FL 34105-3227
Folio Number: 00168042803
Ocean Boulevard Partnersbip II
Ocean Boulevard Partnersbip
2600 Golden Gate Parkway
Naples, FL 34105-3227
-
Agenda Item No. 8e
October 24,2006
Page 195 of 273
e
~
I.
Folio No. 28331110521
Agenda Item No, 8e
Rev. 1 October 24,2006
PUDZ-200S-AR-883!ge 196 of 273 age 1
PROJECT #2005110029
DATE: 4/21/06
Michael DeRuntz
Details
e
OWner Name CREEKSIDE COMMERCE PARK
Addresses PROPERTY OWNERS ASSOC INC.
2800 GOLDEN GATE PKWY
CIt'II NAPLES I State. FL I Z1al34105 -3227
Legal CREEKSIDE COMMERCE PARK WEST
UNIT ONE
Acru
o
Section
27
Use Code
253900
95
CREEKSIDE COMMERCE PARK WEST UNIT ONE
MISCELLANEOUS
2005 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
.
Land Value $100.00
(+) ImDroved Value S 0.00
t., Market Value S 100.00
(-l SOH Exemat Value $0.00
(-) As8essedValue $100.00
(4 Homestead and other Exempt Value $0.00
(-T Taxable Value $100.00
Date ~
03 J 2003 I
Book - Page
3250 . 1908
I
Amount
$0.0
SOH II: .Save Our Homes. exempt value due to cap on assessment Increases.
-
The Information Is Updated Weekly.
-
.
po'
This Instrument waa Prepared by:
,DAVID P. HOPSTETTER, ESQ.
rounV, van Aasenderp, Varnadoe
, Anderson, P."'.
801 Laurel Oak Dr., Suite 300
Napl,., FL 34108
Agenda Item No, Be'
October 24,2006
Page 197 273
3153599 ,OR: 3250 PG: 1909
UCQDID 11 mlau 81.'D111 of alU11 cann "
OJ/ZTlZOU It 01 :1111 DlfGlt I. I", aru '
ue ftl 15.0.
DOC-.7' .71
.
Itta:
IWOI emlu eo
21.. GIIloUI e!i Pili 120.
ann P1 IIl'S
Document prepared without the
benefit of title examination.
otJr'I't'!LJ. TV n.1m
~L.'l'Bt8 Qvrr<:!LAnI n.-n is made and executed this .?? 7 n.- day of
~P}", 2003, by CODBID. wasT. IHC., . Flodda oorporation.
whose mailing address is P.O. Sox 413038, Naples, FL 34101
("Grantor"), to CUDSID.I ~ .AU .ROI'DTT 0NHaRS
ASSOCIATtOK, INC.. a Florida oorpor.~iOD not-for-p2~fit, whose
address is 2600 Golden Gate Parkway, Naples, FL 34iol
("Grantee"} .
"Grantor" and "Grantee"
instrument and their
igns)
WITNBBSBTB: That
sum of $10.00, in ha p
is hereby acknowledg d,
claim unto Grantee r
and demand which Gr nt
lot, piece or parce . 0
County of Collier, ~
r
SEE EXHIBIT "A"
of the
whereof
r lease and quit-
e, interest, claim
01 owing described
a d being in the
.f-<
f5A
"'I PART HEREOF.
~
SUB3CT TO: Taxe
years; zoning, res
requirements imposed
easements, restrictions a
subsequent
ons and other
authority; and
rvations of record.
Tax Parcel I.D. Nos:
29331190660
29331190521
29331190628
29331193049
29331193065
29331193023
TOGITKIR with all the tenements, hereditaments and
appurtenances thereto belonging or in anywise appertaining.
TO &AVB AND TO BOLD, the same together with all and singular
the appurtenances thereunto belonging or in anywise appertaining,
and all the estate, right, title, interest, lien, equity and
claim whatsoever of Grantor either in law or equity, to the only
proper use, benefit and behoof of Grantee forever.
XH MITNBBS MBKRBor the Grantor has executed these presents
the day and year first above written.
r
L:MlllOfI COlII{ll co . 'I
ru IUl8:J1
(~O '1~
-
",..-'
.
e
"
signed, sealed and delivered
in the presence of:
WITNES,SES I
Grantor:
Agenda Item No, 8e
October 24, 2 06
Page 198 of 73
OR: 3250 PG: 1910
'-1(p)..u~_Jy' tJ.J U Iv--
IlgDlltlln
MI1.n.J'~ 1": JJ, J h ~ 1",,-
.r1nUd IIaw
4;,,-;" - R~
SANDRAP. THOMAS
'l'1ftt.d .....
STATE OF FLORIDA
COUNTY OF COLLIER
S
5
its
The f~re9o~-1nstrument was acknowledged before me this
~1~ day of ~~ 2003, by David K. Borden, as President. on
~f of the corporation. He i8 (~ personally known to me or
(_)has produced as identification.
'IV 1';.;.
'r\...n\Ae'.'e,.....l. ~r~ ..n.\o.tt ClaI. tllH6 Ul ....t.u.. .4th-OUt 0."
bb OO'/~~I
l e'~rC'1 ~'OlUi:R 1lG,
rr,J: lltA:8Eil
.J.P-.P 'I '*
Agenda Item No, 8e
October 24,2006
Page 199 of 273
EXHIBIT 'A-
tt. OR: 3250PG: 1911 ttt
--
ALL or TRACTS R, Ll AND L2, CREBJeSIDB COHMBRCB PARK UNIT ONE, ACCORDING TO THE
PU'l' THBUOF AT PLAT BOOI( 29, PAGB 57, or THE PUBLIC RECORDS OF COLLIER COUNTy,
FLoRIDA.
AND
ALL OP TRACTS R, 02 AND 03, CREE1<SIDB COMMERCE PARK UNIT TWO. ACCORDING TO THE
PLAT THBRBof' AT PLAT BOOK 35, PAGB 43, OF THE PUBLIC RECORDs OF COLLIER COUNTY,
PLORIDA.
P"~..r.\"""\dJIh\~r"bi'" -..... PUIl\Q\llt Claw _ to &a_l.U.... _1blt A without 0..
t.
L~f:;~J
Folio No. 211331190660
R 1 Agenda Item No, 8e
ev. QC~ber 24,2006
PUDZ-2005-AR-88~ e 200 of 273
PROJECT #2005110 29
DATE: 4/21/06
Michael DeRuntz
age 1
, ,
DeUtils
-
OWner Nam. CREEKSIDE COMMERCE PARK
Address.. PROPERTY OWNERS ASSOC INC
2600 GOl.DEN GATE PKWY
city NAPLES I Stat.1 FL . ZIJ)I 34105 -3227
Legal CREEKSIDE COMMERCE PARK WEST
UNIT ONE
Township
48
Acres
o
Section
27
Use Code
263900
94
CREEKSIDE COMMERCE PARK WEST UNIT ONE
MISCELLANEOUS
2005 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
e
Land Value S 100.00
(+ilmDroved Value $0.00
t.) Market Value S 100.00
r~) SOH Exempt Value $0.00
(.) Assessed Value $ 100.00
(-) Homestead and other Exempt Value $ 0.00
ra} Taxable Value $ 1.00.00
03~:03 ~
Book,; Page
3250 -1909
. I
Amount
$ 0.1
SOH. "Save Our Homes. exempt value due to cap on assessment InCl'l!lases.
-
The Infonnation Is Updated Weekly.
-
tit
~: '
Thi. Instrument was Prepared by:
DAVID P. HOPSTETTER, ESQ.
Young, van Asaenderp, Varnadoe
, Anderson, P.A.
BOl Laurel Oak Dr., Suite 300
Naplu, FL 3410B
Agenda Item No, 8e .
October 24, 2006
Page 201 f 273
3153599 OR: 3250 PG: 1909
ueoIDn 11 onrcw UO:JID. of COWl. conn n
OJ127mU at O!:UPI DlIm .. 1M, euu '
DC ft. 15."
DOC-.71 .71
e
lata:
IWOI coml. co
zm GOU.' aD pm no.
ww n 3U05
Document prepared without the
benefit of title examination.
01JI'l'CLADf DJ:1m
t'I1n,.,.L'1'JIIB QUITCLAnI DBJ:D is made and executed this ,~7 n.- day of
~~. 2003, by CUBSIDJ: lfJ:ST, %NC., a Plorlda Clorporation,
whose mailing address is P.O. Box 413038, Naples, FL 34101
( wGrantor-), to cuusmJ: COIIIIKtCK IIAJitK PROPUn OMNJ:RS
USOCrA'1'%OH, :tHe., a Ploric!a Clorporat:10D not:-for-p'~fit, whose
address is 2600 Golden Gate Parkway, Naples, FL 34i01
("Grantee") .
(Wherever used herein the terms
include all the parties t .
heirs, legal represe .
~
wr~S8ETH: That r,
sum of $10.00, in ha p
is hereby acknowledg d, d
claim unto Grantee r v
and demand which Gr nt
lot, piece or parce ,0
County of Collier, ~
r"'
SEE EXHIBIT "A"
of the
whereof
~
SUBJECT TO: Taxe
years; zoning, res
requirements imposed
easements, restrictions a
subsequent
ons and other
authority; and
rvations of record.
Tax Parcel 1.0. Nos:
29331190660
29331190521
29331190628
29331193049
29331193065
29331193023
TOOKTBRR with all the tenements, hereditaments and
appurtenances thereto belonging or in anywise appertaining.
TO RAVJI: AND TO BOLD. the same together with all and singular
the appurtenances thereunto belonging or in anywise appertaining,
and all the estate, right, title, interest, lien, equity and
claim whatsoever of Grantor either in law or equity, to the only
proper use, benefit and behoof of Grantee forever.
~ W%TNBSS WHKRBOP the Grantor has executed these presents
the day and year first above written.
r
~^1IIIIllI lXl'.!I(R co
ru~
!..O '1'-
e
-
e
,,-.
It
signed, sealed and delivered
in the presence of:
WITNESSES:
Grantor:
Agenda Item No, 8e
October 24, 006
Page 202 0 273
OR: 3250 PG: 1910
~A~9.tJJUJ.---
Illlftllt\lre
)../ 1Ln.;tL r IAh l h ~ I h-<-
printed N_
~---'~- .*'~
, 81 et\ln
SANDRA P. THOMAS
Printed N....
STATE OF FLORIDA
COUNTY OF COLLIER
5
S
its
The fqrego~~nstrument was acknowledged before me this
~1~ day of ~~ 2003, by David K. Borden, as President, on
~f of the corporation. He is (~ personally known to me or
(_lhas produced as identification.
UN)--
J->-
,l'u....\4be'_'c~lO' C'~I'~ perli:\Ql.llt el..1a 0... toe A..ocht.laa wh.ho\l.t g.""'"
bb00'1~~1
LJ'.A;'~C'I c:llUi:R co, "
fILE Nua:1lE."l
001{."
--
Agenda Item No. 8C"
October 24,2006
Page 203 of 273
I
tit OR: 3250 PG: 1911 ttt
.
EXHIBIT "A"
ALL OF TRACTS R. L1 AND L2. CREEKSIDE COMMERCE PARK UNIT ONE, ACCORDING TO THE
PLAT THEREOF AT PLAT BOOK 29, PAGE 57, OF THE PUBLIC RECORDS OF COLLIER ~,
FLORIDA.
AND
ALL OF TRACTS R, 02 AND 03, CREEJ(SIDE COMMERCE PARK UNIT TWO. ACCORDING TO THE
PLAT THEREOF AT PLAT BOOK 35. PAGE 43, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
,,\......\dhc;o\4pIs\.....hld. c_r... lNlrk\Qutl Clala _ tD AIl...datlDll _tblt A "Itlloul O,"Pl
l.
I
i I
L~A!l::or~ COLUeR ro
rtLE tilll:aER
'00
e,
Folio No.1 00168040601 MaD I
Agenda Item No, 8e
Rev. 1 October 24, 2006
PUDZ-2005-AR-8S33e 204 of 273
PROJECT #2005110029
DATE: 4/21/06
_ Michael DeRuntz
Current Ownership
Property Address' 1200 IMMOKALEE RD
ge 11
.Detl4ils.
.'
. /;-. .
" .
Owner Name OCEAN BOULEVARD PARTNERSHIP II
Add,..... 2800 QOLDEN GATE PKWY STE 200
City NAPLES I Statel FL I ZlpD 34106 -U27
Legal 274826 FROM NW CNR SEC 27, S
126.02 FT, N 45 DEG E 35.08FT,
S 89 DEG E 573.48 FT, S 88 DEG
E 500.81 FT, S 89 DEG E 147.09
"For more than four linea of Lega' Description pl.... call the Prop.rty Appra..er'1 omce.
100
51
Acres
21.09
Section
27
Townshl
48
Use Code
ACREAGE HEADER
AGRICULTURAL
".-
2005 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
e
Land Value $ 3,013,550.00
(+) Improved Value $1,358.00
(.) Market Value $ 3,01'4,808.00
t.) SOH ExemDt Value $ 2,074,380.00
(.) Assessed Value $ 940,628.00
(.) Homestead and other Exempt Value' $0.00
(.) Taxable Value $ 940.&28.00
12~~:94 I
Book. Page
2009 - 1568
I
Amount
$ 876,800.0
SOH . .Save Our Homes. exempt value due to cap on assessment inaeases.
-
The Informatlon Is Updated Weekly.
-
e
'1_..... II
, '
Agenda Item No, 8e
October 24, 2006
Page 205 of 273
~1f
1885140 OR: 200 PG: 1568
.... 1a ImCI& ... ., ClDWII ... D
12/"'" It 12:11" aa.t L ...., alii
, .., 11"'"'....
lit .. 11M
a....- '....
iDe-.1I IUMI
-
~
Ittar:
1.1I ......
... COUll CUI .. lB.
. ....... D. U!lCZ
L:1,'al]
n.1natrurMnt ~ bv
,..... S. "yntan
--'200 .
, 2IOD~'" FML__1
.N8pIee.. AoddI 33142-3206
-.d .... .-...-...t .......'1a
a..n.iIN.. ,
.... zoo' '
2800 GWdm. c:... .......~~
........ ,.....33842-32Oa
GNntM-. talc
.....rmc..... .....ub~:
90167800004
~, ~"'lu
,.
.QDIl
~ _de th.i.. JIloveabllr 1, 1994
. ~ LIDar Gab~e. 1"rancea G. VJ.I.1.ez:-e. ~ COl.l.i.er XXX
aDd JUl.J.et c. s:prOu.1 (bereJ:nan:.r coll8c:t:1vaiy ca118d the
-CraDt:az:w.)'" whOlle poIJt: o:r:rice a4cIJ:'eIuJ 1.. su.J.te 2Gb, 2600 Go1deD ~
Gat:. PlU:'Jalay, Hapl.... Fl.orJ.cIa 33942-3206.
To Oc~ Boul.ev.rd Pa2:'tD~p XX:, a PJ.orJ.4a ~p.
(her-in>'lrt:er ea1l.ed 1::be "C;~").. vboa. peat: o~:r1.oa a4Cb:_ 1._
SUJ.t:e 200;' 2600 Go1d.4m Gate P<<rltVay, Bapl,ea, Fl-orida, 33942-320~.
.~~ . * . . . ~ Xs
- -.Aa...con:trJbQ.tiianto-~capita.l.-~- the -c~, -aDCi"-ror------,..
om. 1>o11ar wbo.le Z'*C*1pt i. hereby a.c1cnoW1.ec:Ig'4ld. .1:'he ClraDtor.
h.relzyq:l.ve" g:nmt. ~er aDd convey to the Grant:.e .~ t:b.
Grantee'. In.lccesaora and ...icpaa ,the land described .in Exh1l:dt A
hereof I l.yiDg. aDd beiDg in CO~lier county.. State of Fl.ori.da.
A1IIJ in a~l bIi:UcU.nga, ~-..nt... . t:~nt.,
hAN:.cu.t-........t:.. ~., ......"t. and r1.!Jb1:a t:ha:"at:.o
. be1CllD!iJi.Dg ora imy v1... perta1D1:nsJ..
'1"0 HAVE AIm '1"0 BOLD t:h. ..... in :t.. _u.p1_ :rar.var.
SONBcr 't:a allY UId .11 outataDdi.Dg' val...1d ..tt:.ra of
racord or watt::era that a 8\U"Vey ex 1nspeQt:ion w01l1Cl 41.1'010...
{
. .
Agenda Item No, 8e
October 24,2006
Page 206 of 273
of';"
OR: .2001 PG: 1569
-
L:Jk=7aL 1
sa:l.d 1.and 1. not:t:ha ~4 or anyone.
:rH ......:tliESS 1I'I'PJIOJ'.' t:;ba ,Graa'l:oJ:? have ewacut::ed ana'
4eiJ."~ t:td. Deed. 1:h. day aftd Year r1rR ~..m:.:l.oDe4.
, '
s~gn.ecl, ~.. aDd 4e1.:l...ed
:l.D our PI: ..~* .
e.~ If( r;)~~
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""".' .... ._."... ".._''__~~~_~~_~.,~~~t;.~,,,~~~1~,~~~,,,,.~,,~_.__...__,.,..._
~ 1, :1.9'94, by :t~r ~1., l":r:'ana.. G. V:l.Uere,. BIU:'rOJ'l
C:01.1.i.er xxx and JUliet c. Spr.ou.1 who are ~o_1.1y kDolm' to J[Ia.
~ J:...;u.
No1:a:y Pab1..ic
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t.n'c::a.o.ISlQON ~ .
~.
- 2 -
A traCt or parcel olllDd lyjug iD Scdiora Zl, TOWJJ$hip 48 South, RaDgc 2S East,
, cnuicr, County, Florida which tract or para:! is dcscribcd as follOWS:
FimD Ihe nOdhwcst comc:r of said Scdion Z1 run S go- 02' 33" W
. aJOJ!g the ~ liDc of said Section 27 and the East line af'nmiami
TJaiJ (State Road No. 45) for 125.D2 fee( to the South line of
ImmoUJcc Road (Slate Road No. 846);, tbmco IUD 81_ said
South tiDe the following courses: N 4S- 28' 51- B for 3S.oB feet;
S 8V 04' 03" E Cor S73~46 feet; S ~ 12' 18- E lor 500.61 feet
, and S 89" 04' 03- E for 147.09 feet to the Poim of BcgimDag.
From said Poi:ot of Begh-ing c:oDtinuc alOlJ& said South JiDc of
ImmotaJcc Road, the foDowiDg courses: S 8V 04' 03- E for
1108.S1 feet; SOO- 55' sr W for 10.00 (cdi S 89" 04' 03" B for
150.19 (cd. to the West IiDc of 1bc NorthcasI quarter (NE-1J4) of
said Sccdcm '1:1; tbcDce continue aloag said Soath line of
Immokalcc Bead S 89" 07' I$' E for 716.81 feet to the East line
of Flmda. Powa aod Lipt Company cascmc:nt dtscDDcd in
instrument recorded in Deed Book 30 at Page 27, CbIIicr 0Hmtj
Records; tbeuce IUD S ~ 52' 15" E along said East Jmc, for
1532.85 feet; theuce JUJ1 5 SS 06' 45. W for 100.00 feet to the
. .Eass line of a dndoage cascmcat described in deed n:cozdcd in
0fficlaI Rcalsd Book 682 at ~ 1976, said Public Recotds;
thcoce 11m S 04- ,53' 15- E along said East 1iDe for 75.00 feet; ;g
theDce nm N 8V S7' 49- W for 3258.67 feet to said East line of . ..
.q---------.-~1ftil~t-(j2t_n_ea10D1-siicn:ast1iiiC-fW.- - - -q-q------~-.--
415.22 P:et;.tbcDc:c:run S W S"r ..9- E for 12.45.0(lfcd; thence ~-
lUll N 00. 02' 33- E for 1175.51 feet to the Pant of BcgDming. c::>>
- Containins 89.92 acres, mOle or less. :
. SUBJECT TO easc:mcaas, rcstrlctioDs and ICSCrVations of Jl':COn1 ~.
Bearings weimbove mc.uti0DCd arc based on the ccmerlinc survey of Immoblec
Road (State Road No. 846) and the Narth line of the NordrM:ct C}U8I1cr (.NW- V4) _
of Section Zl, TowDthip 48 South, Range 2S Easr beaxs S 89" 04' 03" Eo
. '
-N'/OtS
r~
f'OltT~
011. C ..IOttN:SON
--
o-..-c
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"OIUtEST ... ......XlJ
.IO$EI'M W. EBNER
$Th'EN It. t.IClfIJIlSGtf
A.HOJlI:W D.TJLTON
"""RE\' Co COOH.R
CA_L ..8A'UlACO
DAN W. O'CIC-E,"
ICEHTON R. ICDPNG
w. .,un PONtftOY
W. DAVID KCY. JR.
KEVIN w. WINTEIt
. ~'ID
CEOIUU~ .:I. KALAL
NteKAEt L HARWO"-
CllAftT -"I. .ULL
STJ:IIlHIH w. AD""S
ItATltJCU H. "EWTON
, ~......
LESTeR L. aULSOH
Agenda Item No. 8e
October 24,2006
Page 207 of 273
Exhibit A
October 11, 1994
DESClUPTJON
PARCEL 1WO
SECIlON Zl, T. 48 S., R. 2S E.
OOUJER. COUNTY. F'LOIUDA
.(.
'...
"'
~
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Wl...Hlkc
2S136a
~-<./ '1:.. i :'..;.'::
Micbad L Hatmoo (For.1bc Firm)
PxofcssiODal Lancl Surveyor .
F10rida Ccrtifi<:alc No. 2904
'-
. .
....: .. .
"...
. '
Agenda Item No, 8e
October 24,2006
Page 208 of 273
2678132 ,(lIt: 271, PG10614
RlCOID)D 1/1. OJJtCllliRl~RDa!1l" ,coLLIntOUll9l ,lL
U/18/Z0ot atOl:S51.pl.tml, 1I0el. eLlII .
ens 538hOl
lie,.. i4.n
1IlDIIIllat.t.
coun 11.~O
~--, . . '., . . ..' '.:. urdav'
~. . ",' (I. 'i'~ t;eerf ~"ll.\'~. .... ... .... ...'
..~tS "",.pr::,.. pen. ...d..~.~:JT...~...:t.l.G. fl." ~r.ltl.:;' 1::' ~Y.;ertlpt from
tl1t&ClUJ \.N..w'" 1"', '. .....
...l;sr-.tu1ftlntauJ staro~ taK;. ..
U.~MJ" . '. . . . .' . ~..l
~ ol, if~; . ." .. ..;.;,.",>."",.;~iW.,~v:,. " ,;:'.10;/01
a..... ~.~.r;r;r _ ."-_:Y.~,.~'_l,i..",,,.;~"'."d,"-' .
PROJECT: IlTlllloka'lesRo,a(:l- 3Q" Foi'(;e Malh
,". -",.: -.. ..". - .
PARCEL: 903'
FOLIO: 00160040601
_ata;
am PROPlRft
II! n91
UUJOllIeI
THlS CPll',/C';'AHl:F. ~r.UEPTF.&a'{ ,THE t
Po. ..O.;..^' 'I'.~....n ' ,.OF. . t.':~'..).:.;.!~:r.. '~.,....' ~..ot:ii'~.T_. ~."'~. ;. 1.,.6. ....I.E... RS.'.". '. ....
r:..,1 I, (I Y r,;,.!U" T . t r to 1\.. f')^, ."
Hj~;;lUAiflTO THE: PROVISIONS
GRANT OF EASE~~ft50lUTION HO" ~-N(' .,c9l1M: 1b
,
GRANT OF EA$E:MENT, made and entered Into this .;4gtC d~y 'of
'. .,2000,bYOCEAN BOULEVARD PARTNER,SHIP II, ~ F.lorida
pa ners. fp,whosernaiHnga(:idresa is 2600 Golden Gate Parkway. SuIte 200, Naples.
Florida, 34106,8S G rantor to, BOARD OF COUNTY COMMlSSJONERS OF COLLIER
Co.UNTY,FLORIPA,ASTHEGOVERNING BODY OF COLLIER COUNTY,AND AS
EX-OFFJCIO THE . GOVERNING BOARD OF.. THE COLLlERCOUNTY
WATER"S'EWERDlSTRICT.. 3;301 East TamiamfTrail, Naples, Florida '34112, Us
a SlJccessorsandassigns, as Grantee.
~ I .
(VVh~rever usedherefn the terms "Grarrtor'land"GranteelllncllJdeaU the pcirties'to
this e~s~mel1t and their reSpecUve, heirsf legal representatives, successors and
assigns.)
WI,T.NE 58 E TH:
Grantor, for and in c.onslderatiorlof TEN DOLLAR'S ($10.00) ahd other valuable
consideration' paid by the Grantee; the. receipt al1dsuffjcl'ancy Of. whion Is hEij-eby
scknowle.dged, herepycon"eys, grants, bargains and sells unto the Grantee,a
. .
perpetual, non.,exclusive- easement~license. and' privilege for ufUUy andmairttenshte
pu.rposes' under, upon al1d across the fbUowin,9 described lands located in Collier
Cbunty,Flofida, (hereinafter referred to. as ths"Propertt') to wit:
Seeattf)ched ExhIbit flAil Which is
lhcorpotatedherein by reference.
Subject toeaserneAts, restrictions, and reservations of ('$cord.
".
THIS PROPERTY IS NOT HOMESTEAD.
_ 1,
e
TO HAVE AND TO HOLD the same, unto ti"1eGl'antee, togetherwlththedght to
enter upon said PropertY and place, .excavate,and/or ramove' materials for the
purp.o.se<of constructing, qperaling.anclmalntaininguliUty facHltlesthereol'1J subject
to the foUowing userestrlotions~ . Gtanfee'$ use of the property wlllbetes~ricted tp:
the btilow"9rQUl1cffnstaUation' of'a .30 ..ioch d.iame~t ,sewer force . '.maln' hereinafter
r~ferr~d 10 as "ProPosed Improvements"), ~ndthel'epalr ahdmaifll~nance thereof
from the suffClce oftha Property from time to time. Grantor permits no oth~r utility
.~<")roUin.".", ,'''' hn l...;":~_li...iol L.',;' .........-" .-,,- - ..' ..
. .
_'___._....___~_______.____.h:...,.__~_~,__._,....--_~...,.,...~__.,_..".__._ '----",--"=-c _._
Agenda Item No, 8e '
October 24, 2006
Pag<> 209 of...2L3.-_.
t.,.ll,l. .,""' ....... lio&J 'l1U.. "1.1..1." r
w., ..Ul..,."->> -.....--.tucl.t..:l........II.......__Jil-~,utl.....,L............_
~Il~~':...c..l. __~ ~
....
OR: 2712PG:0621
e
All, use~ of the Property not in conflict with the installation. operationandmalntena.
of" ,a~~;~ct:lf,rlprov~m~.nts"are ,re9_ery,~9.,~g.Jb~,..,Q,~rit9{~:,,'.'" ". :\l,. ",:
s, fJo"tFl:ies:w ,r:';:-t.f h~: "Jf!e"~':l''''''~'';'''''''''''::' 'antor and
Grantee are. used for singular orplUral~ as the context requires. nl~ e~$~ment granted,
herein shall constitute an easement runningwtth the land and shan burden the Property
d~scribed apove. .
~N WrtNESS WHEREo.F, the Grantor ha$ c~osed these presents to ba executed the
date and year firSt above written
Sigt1l3d; Sealed and Deflvered
in thePresenoe of:
OCEAHS'QULEV ARD PAftTNERSHI?II, ~
~ F1Qrid.i:l,ganeraJ partnershi~
(jtt'Ll~ ~ (JAr ~~-
Witnl3SsJ '1...
<::..:_,4 f~Qf-,/ ,,,' ;Y' .~If.4 I-v
p,~_Nam~+".1 . .
'A1lf:#cX. , " ,,' " 'AT -'
Witness . k?' .
, :D1t1 /Je., h ''/90-e' rl
Printed Name '
BY:~~
Lamar Gable, as a Partner of
Ocean Boulevard Partnership J/,
~
STATE OF FLORIDA )
) ss.
OOUNTY OF COLLIER )
,.., ofl.
The foregoing easement wasackndwledged before me this C;l.o: , day of
~' ; 2000, by Lamar Gable} as a General Partner of Ocean Bouleytiird
Part .. rsh p II, a Florida general partnership, on behalf oflhe parthershitl. He i~
personally known 10 me ot has produced
as identification and did not take an oath.
~cI,~,
'.
(seal)
Notary Public
Printed S vS/HJ ."... fhfJ1iJ1to Name~
My Commission Ex.pires:
r
Q'V'}:! OJlFICIALHOTMY8E.\l.
o"'~ '.' ,&~ SU.~,H L MA,TURO
~ V. '.n C~HIJMasr
~,' - .. ': CfC&894114
"'A , ' j1' M'l'COMMlS8l~~
~ OF f~Qp.cT. 1 ts;.2f)O~
Agenda Item No, 8e
October 24,2006
Page 210 of 273
.. I
."].,'~
sKE'J.'GII TO ACCOMPANY.. DFSCR1P'1'ION
. .. ......'. .'. . .. ... ... aeJsoE...~' ....'WEST UNJT OlE f1S" ..pos 57.
ttnLJTY ~...( ~mnp . ..... -"';J.. RANGt25: II!'.~"" :. ....~..~.-;.y, . .:'~~~...'. ',., ....,.
SECu~ 27..1O~. 48 -.,u1J;lt . ... ~.." ..~~~'"
STRAP ~No~ ~3.0003A27,.QCEA.N .~ARI. P~.~~ll
DESIGN ARC>' IMPLEMENTA TfONO.F 3P"'{NeHPAR.A.L.LEL,SE.WE~ FOR'OEM~
lMM'OKALEEROAQ ,
(.Dlli 'lMlES)'
(CRS481
PARC.~lqC3 ppc o~sc,
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pART 'OF OR',2009. PAGE 1568
STRAP No.
4B2527013.0003A27
OCEAN BOULEVARD
PARTNERSHIP, U
PAREN T PARCEL REMAINDER
:1::'39.4-4. Ac*
PROJECT -'?Gt ~ 3
PARCEL q D'?'
FOLIO 00 IlJl 00 <lOu,C'
(f~
544'"22;18" E 14.74'
REV. 1; CHANGE BOUNDARY.OF EASEMENT. 4/28/00
'-. .ACR~GEOF ?^IENT PARCEL IS NE:T OF U:nUlY EASEMENT stio?W..Q.NL'(.,
JEFFREY c. cOONER AND ASSOOlADINC.
....< ... ....su~G ....,.t.QPPlMG .' .. ..... ...>.. .
3900COL.ONIAl. aouLEVARO.SUl1E.2. FoAl ~< .flQRrOA33912
'PHONE: (Ht)2Tl-07t2 FAX: (941)271-7179 EWAlt: .~~
FEB- .19.2000
~1"-6cr:
SHeb'1 . OF;!,
Agenda Item No, 8C'
October 24, 2006
Page 211 of 273
.~~-_....
.. fH! 3 propetW ,,.,,.laltttiradunaQr
tn"..;'. of conden-m. tll~:r i6 (,W~mpt fnUll
;:(\jt,)umeuwrySl!Ul'lfJ t.ii:( ,
2ti78131 OR: ,2712 PG':O'61~
'~.II! I~OfllCl~JIC4.. qfCOLWIIGII!.t,tt;.
o'/1l1n"tt. n:3SAI 81. i~d'JIW., eLlII
" " ", 'aJIt 21ft.",.,
,Be lIJ U:ln'
1"J~(f 't;t,;
'i
-
PROJECT: lmmokalee Road.... 30" Force Main
PARCEL: g02
FOLIO: 001$0040001
R.tlll
RllJ. PROl'Un
lit un
lUll Gnlel
'fH r 5 CON~, E YANCjf-A"CifiPTJUf .lll'"
BOARD,'Qf COUNTr COHfJISSI~J!RI"" ' "
r.OU;.IF.R,COUNTY "FLO~I.~A, '.-
PURSUAHTro THEPR!)V.XSIONS
GRANT OF EASEMEfrRtSOLUTlON nO". ,
THIS ,G~ANT OF EASEMENT, made and ~nteieQ Int.othI$ 'J..Of'.;',cJay"Of
~I , 2000, by OCEAN BOULEVARD. PARTNERSHJP U,a Florida
partner-~hosemailingaddressis2600GoldenGate.Parkway.Suite 200, Naples,
Florida, 34105, as Grantor to, BOARD OF COUNTY COMMISSIONERS OF COLLrER
COUNTY, FLORIDA~ AS THE GOVERNING BODY OFCOLUERc.bUNTY AND AS
EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER"SEWER DISTRICT. :3301 East Tamlami Trail, Naples. Florida 34112; its
successorsahd assigns, as Grantee._ l..
,
(Wherever used herein the terms "Grantor" .and "Grantee'" include all the parties to
this easement and their respective. heirs, legal represetitatlv.es~ succes.sorsand
assigns,)
WIT N E SSE T H:
Grantor, for and incorulideration of TEN DOLlARS ($10.00) and other valuaple
consideration paid by the Grantee. the receipt and suffiCiency of whiehis ,hereby
acknowledged, hereby conveysj grants, bargaIns and sells unto the Grantee, a
perpetual, non-exclusive easement. license, and p'rlvilege for utility and maintenance
purposes under, upon and across the following ;described lands'/c)(:~al~d in CQllier
County, Florida, (hereinafter referred to as the "Propl3rty") to wIt:
See attached Exhfbit "A" which is
incorporated herein by reference.
Subject to e.asements, restrictionst and reservations of record.
'.
THIS PROPERTY IS NOT HOMESTEAD.
.
1. TO HAVE AND TO HOLD thssame unto the Grantee, together-with the rIght to
enter upon said Property and place, ~cavlllte, and/Qr remove materials fot the ,....
purp9se of constructing, operating and maintli,thii)')9,uUUty f~ciiit.i~sfhereGn~suhject
to the fonawing use restricf[ons~ Grantee's use of' the- 'ptopen1YWUlbe.'restrioted to
the balow-ground instaUationof a 30 Inch diameter sewer forcE;l ri'1~in (h~retQafter
referred to as ''Proposed lmprovernents")~ and the repair and mah1~enance thereof
fromtha surfaoe of the Property 'from time to time. Grantor permits no ather' u;tUlty
facilities .to be installedbv GrantaFl. othP.r ihgn: ,.,..........^"..t...__ ,- ..... - ....,' .
. ~. '..-;,
Agenda Item No, 8e
October 24, 2006
__._._..__,.._________________.-.--.'.-.-----'--------._,,______________..._,_________.____.'_____....__._____________________P..age2j.2_Df21.3..._,,___
Olt::211,lp<;:,Oofl
e
Aliusasof the Property not 111 oonfllcf wlthlhe Installation, operation and maintenance
of thEl Pro! J~ ry~cttCllha Grantor,"
s f" ,'Ji';tii<:~ . ,
Grantor andGranteeara used for .sll"lguJaror plura I a" e con e . .. .. he
easemerntgranted :herelnshall constltutesn 'easement running with :the. land analsha11
burden the Property described above.
INW,ITNEge WHEREOF.th.Grahtpr.hascc;\Js~d tnes~pres.enti$ tqp~ ~e(;vtiad 1h_
datla ~nd ;yearftrst abOVe written.
slgflad.Sealed .and. Delivered
bithepresence of:
OOEAN BOULEVARD "PAftTNERSHIP:ll~ ~
a Florida gener~r p.rtns~hip r.
'.
a('ULI:.;'~~ .r; ..,/}1f{~~.~..-
(J
Witness" .
_ (~.c-I '~OLY' AlA, S' N~~/
@. rI...n.". d....N~m.~.~..,...'.... ,'... .'....
~".
ftL1s ."
. .. .'t:I/Je:..L, 0~~r/'
Printed Name
ay. ~k---
Lam~rGable, asa Pa,rtner of
Ocean BOUlevard Partnership II
, .
STATE OFFLORIDA )
)$8.
COUNTY OFCOLUER )
-aat)
r1h.~ef f..~ oregoin. geasemen.tw.as acknOW.ledged.'... b.~. fO.f. e. m. Q th..ffi :l8" d......8y... O. f
~ . 2000, by Lamar Gable, as a. General Partner of Ocean Boulevard
Partnership rI,B Florida .general partnership, on b'ehaff of the Partnership: _Hals
"personally known to me or has prod~c8d' . ..
as identification and did not take an oath. "
.~.~~
Notary PUblic ..
Printed StJ;S/fpL,,/b1t 1V(J.o Name~
tv1y,Oommlssipl1. e".g.res~
l"'Ily Ptj OFf~~\."()T~"yUAL
o~ .... .. ,g~. SUSAN .L.M"TURO
i.. <.1..' ... ~..'.OQ.IS.r.....~. :~M4.~IR.
~(t'. . . ~._~O\II.QIilRQ
Ont\,O.. pt:T.1'1;a~D1l"
'., t-
Agenda Item No, 8e .
October 24, 2006
Page 213 of 273
1
SKETCH TO ACCOMPANY' DESGRIPTIO.N ~
UTIUTY EASEMENT, JMMOKALEE RO, SEe 27"T48S, R25E, COlUER COUNTY,FlORlDA'
STRAP No.482527013.0003A27 OCEAN BOULEVARD PARlNERSHfP.U
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PG 1568
STRAP No.482527013..00Q3A21
OCEAN BOUlEVARD PARTNERSHIP, If
r'"
PARENT PARCEL REMAINDER 39.2~ Ad
20'
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N72'B'OO.W 127.~a' NaJ"39"OO.W 1+74.30'
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1 PRedECT -. l:;q .f,\ ~
PARCEL q D 2...
FOlIO OOIt.aOO<l (')L,Qt.
.. NOO"'QT....~E 100"97'
" .."
ETUNEDF .NE/4 .~. v
JEFfREYC.OGOfiER AND ASSOCIATES, ',040. OCT.to; 1999.
SlJRYE)1NGANO MAPPING S""A' I. ~ '18' . J0'6'
39OQe6LONIAL BOULEVARO.sUJlE 2. FORT MYERS,FLORJDA.33912.. .... '"'. u;.. . '.' ....
PH.. ONE: (941 )277-D722 FA~(941 )277-7179 EMAIC SlJRVE'YORI:tCQONER.COtL-.SH. EET 1. ~t12
; . '. . . .______. .' I '-SAiUlDIl CO~LISI dl .
Folio No. 0016B046003 Ma
Rev. 1 Agenda Item No, 8e
PUDZ-200S-AR-88~~e~l4\f~~~ 1 of 1
PROJECT #200S110dz!I
IIIIIIIII DATE: 4/21/06
Current Ownership Michael DeRuntz
Property Address II NO SITE ADDRESS
Details
OCEAN BOULEVARD PARTNERSHIP II
2600 GOLDEN GATE PARKWAY
NAPLES State FL
ZI 34102.0000
Legal 274825 7.B ACRES REFERENCED
AS AREA A DESC IN OR 3929
PG 3010
Section ' Township II Range II Acres \I Map No. ~ Strap No.
27 48 25 7.8 3A27 482527 029.0003A27
Sub No. 100 ACREAGE HEADER
~ Use Code 99 NON-AGRICULTURAL ACREAGE
2005 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
$0.00
$0.00
$0.00
$0.00
$0.00
$ 0.00
= Taxable Value $ 0.00
OH = "Save Our Homes' exempt value due to cap on assessment increases,
Book. Page
3S29..=.-3.l1..1..Q
Amount
$ 1,800.00
--
The lnfonnallon is Updated Weekly,
e
This Instrument Prepared By:
Vivien N. Hastings, Esq.
WCI Communities, Inc.
Bonita Springs, FL 34134
Agenda Item No, 8e .
October 24. 2006
3733438 OR: ~g~1PG:21{)10
RXCORDBD in OFFICIAL RlCORDS of COLLIBR COUNTY, P'
11/15/2005 at 03:47PM DWIGHT Xo BROCI, CLBRK
CONS .0
RXC PHB 00
DOC-.70 12.60
COPIIS 30.00
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Parcel ill #:00168040708
Retn:
VCI COMMUNITIES IRC
24301 iALDBN CBK1ER DR
BOu,n. ~P~~lH
.j U ,2005, by
TIDS SPECIAL WARRANTY DEED made this~ day of
WCI COMMUNITIES, INC., a Delaware corporation, successor by merger of WCI Communities
Limited Partnership, having its principal place of business at: 24301 Walden Center Drive, Bonita
Springs, Florida 34134, herein called the Grantor, to
OCEAN BOULEVARD P ARTNERSIDP II, a Florida general partnership, having its principal place
ofbuswess at: 2600 Golden Gate Parkway, Naples, Florida 34102, herein called the Grantee,
(whichever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs,
legal representatives and assigns, assigns of individuals, and the successors and assigns of corporations).
WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 (Ten Dollars) and
other valuable considerations, receipt of which is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys, and confirms unto the Grantee, all that certain land situate in Collier
County, Florida, to wit:
See Exhibit "A" attached hereto.
("the SUBJECT PROPERTY'')
6,
SUBJECT TO: taxes and assessments for 2005 and subsequent years; and easements, restrictions,
reservations, covenants, limitations and conditions of record, if any; and the reservation of easement
rights more particularly set forth herein in favor of Grantor, its successors and assigns, as owner or
owners from time to time of the following real property adiacent thereto described to wit:
See Exhibit "B" attached hereto.
("the APPURTENANT LANDS")
RESERVED EASEMENT RIGHTS
Gr!ior hereby reserves perpetual non-exclusive easements for (1) ingress; (2) egress; (3) flowage of
wat r, stormwater, wastewater and re-use water through pipes, junctions, meters, connections, pumps and
relate. appurtenances and structures; (4) golf course uses including, but not limited to, tee boxes, greens,
fairways and rough areas, culverts, cart paths, golf car and pedestrian traffic, golf course fencing and
related golf course activity, and appurtenances; (5) benning and landscaping; and (6) public utility and
public service purposes; together with the right to install, reinstall, maintain, operate, replace and repair
of the foregoing on, across, over and under the SUBJECT PROPERTY; and Grantor may cause to be
recorded from time to time various declarations of these easements setting forth the location and purpose
of any of said easements which may be assigned from Grantor to any third party.
(
K:\legal\pelmarsh\collier\deedspec.obp
I BARRON COlLIER CO
) l/i/'f.B;j
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Agenda Item No, 8e
October 24, 2006
OR: 39~ePG~o~11
AND FURTHER SUBJECT TO the restrictions: (1) that the SUBJECT PROPERTY may only be used
by the Grantee for passive water management (within the excavated lake area below elevation 11.2
NGVD existing as of the date of recording of this deed) as well as passive open space purposes and (2)
that the excavated lake area shall have a control elevation of 9.0 NGVD. These restrictions shall be
covenants running with the SUBJECT PROPERTY and binding upon the Grantee and enforceable by
Grantor.
AND ALSO FURTHER SUBJECT TO a covenant by and between Grantee and Grantor that in the
event the SUBJECT PROPERTY requires maintenance for the purpose of continuing Grantee's right to
use and enjoy the SUBJECT PROPERTY for passive water management (including but not limited to
any culvert and headwall maintenance) and open space purposes, such maintenance shall have little or no
impact upon Grantor's easement rights, if possible. Further, Grantor shall have the first right of refusal to
perform or direct the conduct of such maintenance at the expense of Grantee, provided that such expense
is equal to or less than that which would be charged by a third party contractor of Grantee1s selection.
These covenants shall be covenants running with the SUBJECT PROPERTY and binding upon the
Grantee and enforceable by the Grantor.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining. .
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of the
SUBJECT PROPERTY in fee simple; that the Grantor has good right and lawful authority to sell and
convey the SUBJECT PROPERTY; that the Grantor hereby fully warrants title to the SUBJECT
PROPERTY and will defend same against the lawful claims of all persons claiming by, through or under
the Grantor.
IN WITNESS WHEREOF, the said 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 presence of:
WCI COM:MUNITIES, INC, a Delaware corporation
BY:C~
Christopher Hanlon
Its: Senior Vice President
K:\1cgal\pelmarsh\collicr\decdspcc.obp
BARRON COLLIER CO
r,ILF. NUMBER
, -""""---
Agenda Item No, Be '
OR: 39~~i>eG174~j~~~
STATE OF FLORIDA
COUNTY OF LEE
.
The foregoing Special Warranty Deed was acknowledged before me this dJJ fjf day of
\\..I1\l' _u_ ~ 2005, by Christopher Hanlon, as Senior Vice President of We! Communities, Inc., a .
~oration, on behalf ofthe corporati . He is personally knO\\'11 to me.
My Commission Expires:
~p PAMELA DIANA KRUGER
- MY COW.USSIONIf DD2m76
.' EXPIRES: December 2S, 2007
'.-J.>IOTAAY FL N....,. DilCOU.. A..oc:. Co.
~
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I riLE NUMBER
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A~enda Item No, 8e
OR: 3~~~m\;~~
WILSON, MILLER, BARTON & PEEK, INC.
Exhibit "A" ,
Page 1 of 3
Engineers, Planners, Surveyors, Landscape Architects & Environmental Consultants
Wilson Professional Center. Suite 200, 3200 Bailey laDe at Airport Road. Naples. Florida 33942. (813)' 649-4040 Fax (813) 643.5716
.
Description of Area "A"
being a part of Section 27
Township 48 South, Range 25 East,
Collier County, Florida "
.
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida and
being more particularly described as follqws;
Commencing at the west one quarter comer Section 27 j Township 48 South, Range 25 East;
thence along the west line of said Section 27 North 00039' 12" West 827.69 feet;
thence leaving said section. line North 89020'45" East 55.00 feet to the Point of Beginning of
the. area thereon described;
thence North 89020'45" East 366.45 feet;
thence South 00039' 15" East 34.09 feet;
. thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave
southwesterly having a radius of 70.00 feet through a central angle of 38045'23" and
being sub tended by a chord which bears South 64019'09" East 46.45 feet to a point of
compound curvature;
thence southerly 259.53 feet along the arc of a circular curve concave westerly having
a radius of 197.21 feet through a central angle of 75024'06" and being subtended by a
chord whichbears South 07014'23" East 241.20 feet to a point of reverse c~rvature;
thence southerly 151.40 feet along the arc of a citcular curve concave easterly having a
radius of 130.00 feet through a central angle of 66043'37" and being subtended by a
chord which bears South 02054'07" East 142.99 feet to a point of reverse curvature;
thence southerly 120.22 feet along the arc of a circular curve concave westerly having
a radius of 70.00 feet through a central angle of 98024'12" and being subtended by a
chord which bears South 12056'10" West 105.98 feet;
thence South 62008'16" West 75.07 feet;
thence southerly 48.75 feet along the arc of a circular curve concave easterly having a
radius of 30.00 feet through a central angle of 93 006'13" and being subtended by a chord
which bears South 15035' 10" West 43.56 feet;
thence along South 30057'58" East 34.79 feet;
thence southerly 19.94 feet along the arc of a circular curve concave west~cly having a
radius of 80.00 feet through a central angle of 14016'43" and being subtended by a chord
which bears South 23049'37" East 19.89 feet; I '
thence along a non-tangential line South 84013'14" East 158.41 feet;
thence South 80055'24" East 183.78 feet;
thence South 81 052' 51" East 180.90 feet;
thence South 00000'00" East 261.28 feet.
,
thence North 90000'00" West 394.57 feet;
thence North 00000'00" East 271.73 feet;
thence North 84013'14" West 120.32 feet;
.-.
4/19/9S-013602S6,MRS
Naples
f 81J1 649-\040
E:'__ ,01" ...t'1 C~IL
Fort M'r'ers
18131 939: 1020
1 BAA~ON COlliER CO I
Sarasota ,-llE I~UMBER f
~ (81~~~:~:?.6~, l Os(o~
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ExhibitlA"
Page 2 of 3
Agenda Item No, 8e '
October 24,2006
OR: 39l9g1>~~ ~el~
WILSON · MILLER · BARTON &: PEEK, INC.
.
Description of Area itA"
being a part of Section 27
Township 48 South, Range 25 &st,
Collier County, Florida (continued)
thence South 33005'40" West 54.13 feet;
thence South 76056'51" West 89.04 feet;
thence North 58035'21" West 65.i9 feet;
thence North 15031'55" West 74.80 feet;
thence North 00041 '41" West 115.24 feet;
thence North 28022'47" East 171.51 feet;
thence North 17011'45" West 106.79 feet;
thence North 13002'52" East 28.51 feet;
t~ence North 73036'14" West 54.78 feet;
thence South 49016'08" West 112.78 feet;
thence South 89047'08" West 53.08 feet;
thence North 58000'49" West 50.49 feet;
thence North 00039'12" West 303.49 feet to the Point of Beginning of the area herein
described; ..
Containing 7.8 acres more or less; ...
Subject to easements and restrictions of record;
Bearings are based on the west line of Section 27, Townsnip 48 South, Range 25 East, Collier
County, Florida being North 00039' 12" West;
WILSON, MILLER, BARTON & PEEK, INC.
Registered Engineers and Land Surveyors
4:;; c ;O/~
W.O. 34917
Ref: lL-53
Date: April 19, 1995
(
4/19/9S-OIJ60256,MRS.
GP.rIRON COlliER co 'I
rILE NUMBER
l Q5Co:;)-
Exhibit "A"
Page 3 of 3
Agenda Item No, 8e
OR: 3~~1~~~0i5
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0 IllEAIlI.1l DISTgCE
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. 2 5 62'01' "'V 75.01
, S 3D' 5T' SS'E H.7'
. .84'13'14'V '20,3Z
(! S 33'05"0"V 54.13
(. S 76'S6"\"V 89.04
(i . 58' 35' 21 '\I 15,"
(I 0 15'3,'S5'v 71.80
(, o OO''''''"V 115.l'
(II o 2I'2Z'H"[ 171.51
" N 11' II' '5'V 106.11
I, N 13'02'52'[ 21.51
I .73'36"4'V 54.18
~ ' 5 "'16' 08'V 112.T8
~ll S n'H'OI'v 53,01
~Q I N sa' 00' .,-V 50. "
39',51
\IE $ I
1, tlAR~ON COLLIER co-
. riLE NUMBER
~O~~er-
... NOT A SURVEY".
cnTA
31"5'23'
15'24'06'
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11'''''3'
~ I rR V F lATA
Rolli I lIS lEI;1H 1 AII;UT oam BEAAIMIl ICHORD OlSt.
10,00 47,3S 2"n $ 54",'01'[ '6.'5
"'.21 2".53 I 5Z,'3 501....2).[ 211.20
130.00 151.'0 .'.60 5 02"" 01"[ ;'2,n
10.00 1Z0,22 .'.\0 5 I 2' 56 . I O'V 105,91
30.00 '8,T5 3\,67 5 15'3S'O"v I ".56
10,00 1'.9' I 10.02 S ~J' .,. 31'[ I I9.BI
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CLIENT:
',Jcr~ COMMUN IT I ES
INC.
~ILSON, HILLER, SARTON & PEEK. INC.
(_,,_(tiltS . 'SUIt'CTOJS . "' .....(.s . (." ,.0It"'.' At ,o.S\A l.....r'
LAMGscut ...t)iltftcrs . CCNSfJl\Cf Ia- NoIl"Cot.'
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DESCRIPTION.
SKETCH OF DESCRIPTION
AR~^ "A-
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I .A,s,,,';s. _nces I n" - / / /l
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BEINe: A PART OF !:[CT10N 2r. "'8-5. ~-25'[
COlll[A COU.". FlORIDA
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Page 221 of 273
" OR: 3929 PG~ 3016 V
RAY em ONY GOI f COURSE I fr....l
LEGAl. DESCRIPTION Of PART or TRACT GCI, ACCORDING TO THE PLAT
Of' PELICAN MARSH GOLF COURSE PHASE ONE, PLAT 800K 2J, PAGES 40
THROUGH 47, AND AlL Of' TRACT GC12 ACCORDING TO THE PLAT Of
PELICAN MARSH UNIT TWElvt; PLAT BOOK 26, PAGES 48 THROUCH 50
AND ALL Of' TRACT CC I AND PARTS Of' TRACTS GC9 AND CC I 0 AND
TRACT ~ ,ACCORDING TO THE PLAT Of PELICAN MARSH GOLF COURSE
PHASE TWO; PLAT BOOK 24, PAGES 42 AND 43 AND AlL OF TRACT GC4
ACCORDING TO THE PLAT OF PWCAH MARSH UNIT SEVEN REPIAT. PLAT
8ooK24, PAGES 72 AND 74, AND ALL OF TRACTS GCIA, GCI8, AND
PARTS Of TRACTS I. 3 SA AND GCB ACCORDING TO THE PLAT Of'
PELICAN MARSH GOlF COURSE PHASE THREE, PLAT 800K 25, PAGES 14
THROUi;:H 16, ALONG WITH PART OF PWCAH MARSH UNIT ONE, PLAT
8o0K 22. PAGES 31 THROUGH 33, AU. OF TRACT "s" SOITGRASS BEND
AT BAY COLONY GOlF CLUB, PlAT BOOK 3J, PACES 54 THROU.GH 56,
COLLIER COUNTY flORIDA PU811C RECORDS AND PART Of' SECTION 27,
TOWNSHIP 48 SOUTH RANGE 25 EAST(NOT PLATTED). COWER COUNTY,
FLORIDA AND ~ORE PARnCULARL Y DESCRIBI:D AS fOLLOWS:
8EGINNING AT THE SOUTHEAST CORNER Of' TRACT GC1, &LICAN ~ARSH
GOLF COURSE PHASE TWO, PLAT 800K 24, PAGES 42 ~ 4J, COLLIER
COUNTY, fLORIOA PUBLIC RECORDS AND BEING THE WEST RIGHT Of' WAY
LINE Of fRANK 80ULEVARD (GOODLETTE FRANK RDAO)(130' WIDE)
THENCE ALONG S410 WEST RIGHT OF WAY LINE S,OS-J4'4B"E.. FOR
309,37 FEET: '
THENCE ALONG SAID WEST RIGHT OF WAY LINE S.05'JJ" O"E" f'OR
233,8 I FEET TO THE NORlli RIGHT OF WAY LINE OF PELICAN MARSH
80ULEVARD AND A POINT ON A CUM TO THE RIGHT, HAVING: A
RADIUS OF 25,00 rEET. A CENTRAL ANGLE OF 90'00'00", A CHORD
BEARING OF S,39'26'SO"W, AND A CHORD LENGTH or 35,36 f'EET:
THENCE ALONG SAID NORTH RIGHT Of W~Y lINE AND THE ARC OF SAID
CURVE. AN ARC LENGTH or 39.27 FEU TO THE END Of' SAID CURVE;
THENCE AlONG SAID NORTH RIGHT Of' W~Y LINE S,S4'26'SO"W.. FOR
125.00 F1:ET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT,
HAVING: A RADIUS OF 342.J I FEET, A CENTRAL ANGLE OF
31'S6'10", A CHORD BEARING OF N,79'35'05"W. ANO A CHOOO
LENGTH OF 188,J4 FEET: .
lHENCe: ALONG SAID NORTH RIGHT OF WAY LINE AND THE ARC OF' SAJo
CURVE, AN ARC LENGTH 0'7190,8& FEET TO THE POINT OF TANGENCY Of
SAlO CURVE;
THENCE ALONG SAID NORlH RICHT Of WAY LINE tHiS37'OQ"w., ,OF?
686,74 FEET;
THENCE LEAVING SAID NORTH RIGHT OF WAY LINE N,OS'09'S6"w..
FOR 141.29 FEET;
THENCE N,24'S4'50"w., fOR 108,99 fEET;
THENCE N,2Z'I,'45"E., FOR 57,81 FEEl;
THENCE N,04'JI'25"E.. fOR 168,97 FEET:
THENCE N,09-2"20"w_, FOR 91.73 FEET:
THENCE N.4I'50'2J"W., FOR 61.48 FEET:
THENCE N,OJ'29'32"W_, FOR 241.47 FEET:
THENCE N,4I'40'52"E.. FOR 53,40 FEET:
THENCe: N,52"J4'ZI"E., FOR 33,59 FEEl;
THWCE N,44'18'17"E.. fOR 23,5J fEEl;
THENCE N,19'45'18"E., FOR 14,99 FEET;
THENCE N 19'18'09"W" FOR 210,80 FEET:
THENCE N,20'20'54 "E.. FOR 1.66,28 fEET:
THENCE N,08"l'JO"w" FOR 21.80 FEEl:
THENCE N,2J'42'34 "w.. FOR 64.64 ,EEl;
mENCE N,43'39'09"E.. FOR :'4.06 FEET:
THENCE N,I8" 12' 10"E.. FOR 50,19 FEET;
lHENCE N,26'29'O'"E" FOR 3 1.14 FEET:
THENCE 101.27'15'45"(" FOR 33,29 fEET:
THENCE N.'J'25'35"E.. FOR 37,75 fEET:
THENCE N.05'J4'07"E.. fOR 34.31 rEEl;
THENCE N.2I'49'OO"E" FOR 32.90 F1:ET;
THENCE N"3'41'31"E,, FOR 7,09 fEET: '
THENCE N.03'Z8-J2"w.. fOR 212,67 fEEl:
THENCE N,28'29'J8"W.. FOR 107,34 FEEl;
THENCE 101,65'46'25"[.. FOR 20,06 fEET;
THENCE N.26-29'J8"W.. FOR 20.05 fEE'!;
mENCE N.47'3"08"E., FOR 76,05 rEET;
THENCE N,06"26'OTw.. fOR 3J3.81 fEEl;
THENCE N,65'07'37"w.. FOR 37,06 fEE'!:
THENCE N,29'51 '20"E.. FOR 77 ,36 fEE'! TO THE POINT
OF CURV,Io,rURE or A CURVE TO THE RIGHT, HAI/ING: A RADIUS or
25,00 rEET, to CENTRAL ANGLE OF 94'23'J2", A CHORD BEARING OF'
N,7703'06"E:"AND A CHORD LENGTH OF 36.68 F1:ET;
THENCE )o.LONG lHE ARC OF SAID CURI/E, AN ARC LENGTH Of' 4 I , 19
fEET TO THE POINT or COMPOUND CURI/ATURE OF A CURVE TO THE
RIGHT HAVING: A RADiUS OF 407.03 FEET. A CENTRAL ANGLE or
,.., 3:08", A CHOR~ BEARING Dr S,48" J8' 34"(, .AND A CHORD
LENGTH OF 100.75 fEEl:
THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 101 ,0 I
FEET TO THE POINT OF TANGENCY or SAID CURl/E:
THENCE S.4I'J~'OOt., FOR ~9,89 rEET:
THENCE N,09'S8'OO"w" 90,79 fErr TO A POINT ON A NON-TANGE"NT
CURVE TO THE LEFT, HAWIG: A RADIUS (If ~57,03 rEEl, to. ':ENTRAL
ANGLE OF 13'14'19", A CHORD 8EARING OF N,54'06'SO"W, AN(l A
CHORD l[NGTH ('f I D~.~' 'TEf:
EXHIB1T":B "
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Page 222 of 273
V OR: 3929 PG: 3017 V
-
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lHENr;E ALONG THE /lR(, ')f ~;/llll rllRV[, AN Arle LEN'_lIl Of IO~,fiI)
fEEl 10 lIit P('INI (lr I^,~GEI~('''' (or SAIL' (I)""E;
lIiENCE N,W'H'O(l"W,. 'l~i I'~t;,l:',~ I [1,1 l'~ THE P~"NI OF
CLIRVAlURE (,F A CURVE II,' lilt LErr, 11A~INr,: ,\ RAlI1llS Of ",~~' Otl
n::Ef, " (.EN1R/lL AtK:t[ oJr (,.': ~\l{'", II O"~l' Br.ARINC. '.'F
N,~~'!,8\IO"W, ANLI A (:lI(IRLI 1,['t-ll;'H (Ir ,',~,': fr.F I;
lHENC[ ALONe l!-lE ARC. IJr SA'O Cl'RI't. AN f,Re LENrm~ vr J,', I J
FEtT TO '!-It [liD Of SIIIO CLfR\'E:
lHEN<:t "I, I T27'OO"E., F(lR 2' B,66 FErI:
lHENCE N,!>O'17'OO"E., F(~ 164,50 FEll III THE 1'''1/11 OF
ClIRVA1URE OF A CURVE 10 THE: lErr, HAVlfiC:: . RADIUS Of' '50 OU
FE:ET, A CENTRAL ANGLE OF "T26'00., A CHORD BEARING OF
N,23'26'OO.W, AND A CHORD LENGlH OF ~87,97 FEEf: '
THENCE "'LCt;C 1HE ARC OF S""D CURvE, AN ARC LENGTH OF 385,98
FEET TO T!-IE POINT or TANG!:NCY OF SAID CURl/E:
THENCE 5,82'51'OO"W.. FOR 305,H FEET TO THE POINT OF
CURVATURE Of A CURVE TO THE LErT, HAVING: A RADIUS Of 150,OLl
FEET, A CENTRAL ANGLE Of 58' 1 1'27", A CHORD BNING OF
5,53'45'17"W, AND A CHORD LENG1H OF 145,88 FEET: .
THENCE ALONG THE ARC OF SAID CURve, AN ARC LEN';TH OF I ~~ ,J4
rEE:T TO THE POINT OF TANGENCY OF SAID CURVE;
THENCE S,24'39'33"'W.. FOR 118,J9 FEEl;
THENCE 5,IO"J"OO"'W.. FOR 412,98 FEE:T:
THE:NCE 5i,6I'IJ'S8"'W., FCR 82,67 FEET TO THE POINT OF
CURVATURE OF A CURVE 'TO THE lErr. HAVING: ""RADlUS OF IS5,00
FEET. A CENTRAL ANGLE: OF 16'35'4J", A CHORD BtARlNG OF
S.52"5s'D7"W, AND A CHORD LENGTH or 4~,74 FEET.:
THENCE ALONC THE ARC OF SAID CUR\/(, AN ARC LENGTH or 44.89
FEET TO THE POINT or REVERse CURVAlURE (If A CURVE TO THE
RIGHT, HAVlNC: ,;, RADIUS OF 29,00 FEET. A CENTRAL ANGLE 01'
60"53'J7-, A CHORU BEARING of 5,75'05'26"1'1, AND A CHORD
LENGTH Of 29,J9 fEET;
THENCE ALONG THE ARC or SAID Ct'RVE, AN ARC LENGTH Qr 30,82
FEET T(. THE POINT OF TANGENCT OF SAID CURVE;
THENCE N,74'V'45"W.. FOR 186,:18 FEET TO THE POINT OF
CURVATURE or A CURVE 10 THE RIGHT, HAVING: A R^DIUS OF 2J5,DO
FEET. A CENTRAL ANGlE OF. 01'00'12". A CHORD BEARING or
N,70'S7'39"W, AND A CHORD LENG1H OF 28,71 rEEl;
TliE:NCE ALONll HIE AR( OF SAIlJ CL'/!V(, AN ARC LENGTH or :::1,72
FEET TO THE POINT OF TANGENCY OF SAIO CURVE;
THENCE N,67'Z7'33"W,. lOR 119,59 FEEl TO'tHE POINT OF
CURVA1UR( 01' A CURVE TO THE'RICoHI. HAVING: A RAOtUS or 4'U5,OO
FEET. A CENTRAL ANGLE Of 4)'41 'JO", A CHORD BEARING C'F
N,45' 36'4 7"1'1, AND A CHORD LENGTH OF 15=,57 FEET;
THE:NCE ALONG THE ARC or SAID CURVE, AN ARC LENGTH Of 156,33
rEET TO THE PCIINI OF REVERSi: rURVATURE OF A CURVE 10 THr L(,rr,
HAVING: A RADIUS OF JOD,OO fEET. A CEN fRAL ANGLE or
41'55'20", A CHORD BEARING OF N.44'4J'4"'W, AND A CHORD
LENGTH OF 214,64 FEEl:
THENCE' "'LONG THE ARC or SAID ClIRI/E. AN ARC LENGTH Of ;:19,50
fErT TO THE END OF SAID CURVE;
THENCE N,17'43'5;:"E.. FOR 2J3,09 rEET:
THENCE N,76'3T'2'"W', FOR 167,84 rEET:
THENCE N,6S'41'n"W.. FOR 504.55 FEET II) IHE POINT or
CURVAtURE OF A. CURVE TO THE: I.EfT. HAVING: ^ RADIUS OF 600,00
rEET, A CENlRAL ANGLE Of' 26'44'4", A CHORD BEARINC ur
N,79'OJ.~3.W, AND A CHORD LENGlH OF 277,!>4 FEET;
THENCE ALONG THE ARC OF SAID CllRVE, AN ARC LEN';TH OF 280,07
FEET TO THE POINT OF TANGENCY OF' SAID CURVE;
THENCE S,BTJJ'57"W" FOR 59J,37 FEET TO A POINT ON, A CURVE
TO THE RiCo Hr. HAVING: A R^DIUS or 217,21 FEET, A CENTRAL ANGLE
Of 56'2~'J3", A CHORO BEARING OF 5,02'1 S'19"W, AND A CHORD
LENGrH Of 205,32 FEET:
THENCE ALONe THE ARC OF SAID CURVE. AN ARC I.ENGTH or 2 I J,8S
FEET TO THE POINT OF REVERSE CURVATURE OF A C!JRVE 10 THE LEfT.
HAVING; A RADIUS OF 110,LlO fEET, ^ CENTRAL ANGLE Of .
66'4J'37", A CHORD BEARING OF S,02'54" J''E, AND A CHORD
LENGTH OF 120.99 FEET:
THENCE ALONG THE: ARC OF SAID CURVE. AN ARC LENGTH OF 128,1 I
rEET TO TliE POINT OF REVERSE CURVATURE or A CURve TO THE
RIGHT. HAVING: A RADIUS OF 90,00 rEEl. A CENTRAL ANGLE OF
66'23'0'", A CHORD SEARIN!> or 5,03'04'31"E, AND A CHORD
LENGTH OF 98,54 fEET:
THENCE AlONG HIE ARC OF SAID CURVE. AN ARC LENGTH 0, 104,26
FEET TO THE END OF S.IO CURVE:
THENCE 5,48'21'59'E,. FOR 37,17 FEET:
THENCE N,67'~J'57.E.. FOR 598,19 FEEl TO THE POINT OF
CURVA1URE Of A CURVE TO THE RIGHT, HAVING: A RADIUS OF 190,00
fEET, A CENTRAL ANGLE OF 45'05'46". ... CHORD BEARING (IF
S,69'SJ'10"E, AND A CHORD LENGTH OF 14~,7 \ FEET:
THENCE ALONG THE ARC or SAID CURVE. AN ARC LENGTH OF 149.54
fEEl TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT,
HAVING: A RADIUS OF 500,00 FEET, A CENTRAL ANGLE OF
'0'25'12", A CHORD BEARING OF S,52'J2'~J"E, AND A CHORD
LENGTH OF 90,8' FEEl:
-e
EXHIBIT n 8M
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:, October 24, 2006
Page 223 of 273
~ OR: 3929 PG: 3018 vr
e
THENCE ALONG THE ARC ,Of' SAID CURVE, AN ARC, LENGTH oF- 90,93
FEET TO THE POINT Of' TANGENCY OF SAID CURVE;
THENCE S,5nS'29"E., FOR' 192.71. Fl:ET: "
TlolENCE S.7I'3I'3'"E" FOR 202,60 Fl:ET;
THENCE S,78'05'49"E" FOR 203.21 FEET:
THENCE N,OS'32" 5 "E" FOR 1~9,22 FEET JO A POINT ON A CURVE
TO THE RIGH1, HAVING: A 'RADIUS ,or, 225.00 FEET- A CENTRAl ANGLE
OF 3;5S'49", A CHORD BEARING OF S.39'47'S9't: AND A CHORD
LENGTH or .116.43, rEET: . '. .
THENCE: ALONG THt ARt Of, SAID CURVE,.AN ARC LENGTH Of' 149,15
FEET TO THE POINT or REVERsE' CURVATURE OF A CURVE TO THE: lEFT,
HAVING: A RADIUS OF 270.00 FEET, A CENTRAL ANGLE OF
11'09'37", A CHORD BEARING' or S,26"23'23t:, AND A CHORD,
LENGTH Of' ,52.51 FEfJ; .
THENCE ALONG T.HE ARC OF SAID .cURVE, '.AN ARC LENGTH ~ -52,59
FEET TO THE END OF s,w ClIRVE~ "
THENCE S,23'49'47"W.. FOR '65,49 fEET:
,THENCE S,23'OI'09"E,. fOR 72,96 fEET;
THENCE S,13'21'30'E" fOR 123,1B fEET;
THENCE S,B2'07'JJ'W" FOR 93,07 fEET;
THENCE S,03'55'02'E" fOR 153.4' fEET:
THENCE S,60'10'J6"E.. fOR 71.68 FEET:
THENCE S,86'30'15~E., FOR 297.50 FEET:
THENCE N,54'OI'OS'E" FOR 212,98 FEET TO A POINT ON A CURVE
TO THE, LEFT, HAVING: A RADIUS OF 345,14 fEET, A C~TRAl ANGLE:
OF 2'I'S9'oU', A CHORD ,SEARING OF S,10'45'36"[, AND A CHORD ,
LENGTH Of' 131.69 FEET:"
THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 132,50
,fEET: , '.'
THENCE S,2I'4S'2S"E., FOR 5S9.04' rEET TO THE POINT or
CURVATURE OF A CURvt: TO THE RIGHT, HAVING: A RADIUS Of 575,00,
FELT"A CENTRAl ANGLE or 49'17'56", A CHORD BEARING OF '
S,02'53'30'W. ANa A CHORO LENGTH Of 479,62 FEEl:
THENCE ALONG THE ARC Of SAID CURVE, AN ARC' LENGTH OF 494,75
FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEn,
HAVING, A RADIUS Of 52,5,00 FHT, A CENTRAl.. ANGLE OF'
05'56'27', A CHORD BEARING OF 5,24'34' 14"W, AND A CHORD
LENGTH Of 54.41 fEET,
THENCE .A,l.ONG THE ARC OF SAID CURVE, AN ARC LENGTH Of 54,44
FEET TO THE' POINT OF TANCENCY or SAlD CURVE: .
THENCE S,21"36'OO"W.. FOR 2B9,48 rEEl TO THE POINT Of
CURVATURE or A CURVE TO. THE RIGHT, HAVING: A RADIUS Of 25,00
FEET, A CENTRAl ANGLE OF 83'29'00", 1 CHORD BEARING OF
S.63'20'30"W, ANO A CHORD LENGTH OF' 33.29 fEET;
THENCE ALONG THE ARC Of SAID CURVE, AN ARC LENGTH Of 36,4.3
fEET TO THE POINT OF TANGENCY OF SAID CURVE:
THENCE N,74"5S'OO"W" F'OR 10B.87rEET TO THE POINT OF
CURVATURE ,OF A CURVE TO THE RIGHT, HAVING: A .RADIUS or 200,00
fEET, A CENTRAl ANGLE OF '12'08'5J", A CHORD BEl\RING OF
N,68'5D'J4"W, AND A CHORD LENGTH or 42,32 FEET:
THENCE AlONG THE ARC' Or SAID CURVE, AN ARC LENGTH or 42.40
FEET. TO' THE POINT OF TANGENCY OF SAID CURVE:
THENCE N,62'46'08"W" fOR 145.65 FrrT TO THE POINT OF'
CURVATURE OF A CURVE" TO THE LEFI, HAVING: A RADIUS Of 300,00
FEET, A CENTRAl ANGLE OF 1"5 I '57", A CHORD BEARING or
N,68'42'06"W, AND A CHORD LENGTH or 62.02 fEET:
THENCE AlONG THE ARC 01': SAID CURVE, AN ARC LENGTH OF 52,13
FEET TO THE POINT OF TANGENCY or SAIO CURVE:
THENCE N.74'JS'05"W" F'OR40,26 rEET TO THE POINT Of
CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS Of 25.00
fEET, A CENTRAl ANGLE OF 36'52'12', A CHaRt! BEARI.NG Of
101,56'1 1:59"W, ",NO A CHORD lENG"TH OF 15,81 FEET; ,
THENCE ALONC THE ARC Of 5,6JD CURVE, AN ARC LENGTH OF 16,09
FEET TO THE END OF SAIO CURVE;
THENCE S, 74'38'05 'E.. FOR 55.25 FEET TO THE POINT Of
CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS or 305.00
FEET, A CENTRAL ANGLE Of 11'51'57', A CHORD BEARING OF,
S,58'42'05"E, AND A CHORD LENGTH Of 6J,05 fEU:
THENCE, ALONC THE ARC OF SAID ~URVE" AN ARC LENGTH Of 63,17
fEET TO THE POINT OF TANGENCY Of SAID CURVE:
THENCE 5,62' 46'08"E.. fOR 40,84 FEET:
THENCE N,IT4{;'S4"E" FOR 410,01 FEET TO THE POINT OF
CURVATURE OF A CURVE 10 THE LEFT, HAVING, A RAOIUS OF' 725.00
FEET, A CENTRAL ANGLE OF 3J'42'29', A CHORD BEARING OF
N,00'57'~O'E, AND A CHORD LENGTH OF 420.41 fEU;
rt1F.NC'E' 'lONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 425,53
ITCI 1rJ tHE POINT OF TANG(NCY OF SAID CURVE:
IIIE/;':E I"15'5J'J5"W., fOR 234,00 rEEl TO THE POINT Of
ClJR.,l.IU~E OF' A CURve: TO THE LEFT, HAVING: A RADIUS Of UO.OO
FEET, A ,_[tHRAL ANGLE Of' 49'51 'OJ', A CHORD BEARING Of
~.49'Q"'W, AND A CHORD LENGTH or '~fEH:_-.:......-
EXH,IBIT "eU
3 0(:' 9
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'--octooer 24, 2tlM
Page 224 of 273
"OR: 3929 PG: 3019 V
""'HENCE AlONG THE ARC Of' SAID CURVE:, AN ARC LENGTH or 11 ~,11
F'EET TO THE POINT OF COMPOUND CURVATURE or A CURVE TO THE
LE:FT; HAYING: II RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF
25'3~'22', A CHORD BEARING OF N.78'31'~9"W. AND II CHORD
LENGTH OF 22,13 FEET:
THENCE AlONG THE ARC OF' SAID CURVE, AN ARC LENGTH OF 22,32
FEET TO THE: POINT Of' TANGENCY OF SAID CURVE:
THENCE S,B8' ~ I'OO'W" FOR 195,24 FEET TO THE POINT or
CURVATURE OF A CURVE: TO THE: LErr, HAVING: II RADIUS or 130,00
FEET, A CENTRAl. ANGLE Of 84'55'05', II CHORD BEARING OF
S,U1J'2B'W, AND A CHORD LENGTH or 175,52 FEET:
THENCE AlONG THE ARC Of' SAID CURVE, AN ARC LENGTH Of 192,67
FEET TO THE: POINT Of COMPOUND CURVATURE: OF A CURVE 'to THE
LEfT, HAVING: A RAOIUS OF ;iOO\80 FEET, A CENTRAl ANClE OF
27"55'24', A CHORD BEARING or S,10"1I'47"E, AND A CHORD
LENGTH Of' 2~ 1.27 FEET:
THENCE AlONG THE ARC OF SAIO CURVE, AN ARC LENGTH OF 243:68
FEET TO THE POINT OF REVERSE' CURVATURE OF A CURVE TO THE
RIGHT, HAVING: A RADIUS OF 50,00 rEET, A CENTRAL ANGLE OF
2S40'~6., A CHORD BEARING OF S,12'19'06"E, AND A CHORD
LENGTH OF 20,52 rEET: _
THENCE AlONG THE ARC OF SAID CURVE, AN ARC LENCTH'" OF , 20,66
fEET TO THE POINT Of' TANGENCY or SAID CURVE:
THENCE S,oo'28'43"E.. FOR 287,27 FEET:
THENCE S,36'IS'02"E., rOR 90,8& FEET TO THE POINT OF'
CURVATURE or II CURVE TO THE RIGHT, HAVING: A RADIUS' OF 80,00
FEET, A CENTRAl. ANGlE Of 68'02'34", A CHORD BEARING OF
5,02" 16'~5"E, AND A CHORD LENGTH OF 89,52 FEET:
THENCE AlONG THE ARC Of SAID CURVE, AN ARC LENGTH or 95,01
FEET TO THE END OF 5AID CURy(;
THENCE S,72'OB'07"E" FOR 90,94 rEET TO A POINT ON A CURVE
TO THE LEfT, HAVING: A RADIUS OF 1225,00 FEET, A CENTRAl ANGLE
OF' 01'49'31', A CHORD BEARING or S,16'16'40"W, AND A CHORD
LENGTH OF' 39,02 FEET;
THENCE AlONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 39,03
FEET TO THE POINT OF TANGENCY OF SAID CURVE:
THENCE S,15'21'55.W., FOR 137,S8 FEET TO THE POINT or
CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS or' 25,00
FEET, A CENTRAl. ANGLE OF 90'00'00", A CHORO BEARING OF
S,60'21'55'W, AND A CHORD LENGTH or 35,36 F'EET:
THENCE AlONG THE ARC Of SAID CURy(, AN ARC LENGTH OF 39,27
fEET TO THE POINT Of TANGENCY or SAIO CURVE:
THENCE N,74'38'04 "W., FOR 30,91 FEET TO THE POINT Of
CURVATURE QF A CURVE TO THE LEn, HAVING: A RADIUS. OF 250.00
fEET, A CENTRAl. ANGLE or 36'\3'1\", .. CHORD BEARING OF
S,1l715'19'W, AND A CHORD LENGTH OF , 55,42 FEE:T:
THENCE "'LONe THE J.RC or SAID CURVE, AN ARC LENGTH OF 15S ,04
FEET TO lHE POINT or TANGENCY or S",'O CIJRV(:
THENCE S,69'08'44.W., FOR 135,59 fEET:
THENCE N,35'43'J9''W.. fOR 176,50 F[(T;
THENCE N.25'15'53"W" FOR 395,62 rEET:
THENCE N,OS'30'47"W" FOR 82,20 rEET:
THENCE N,02'26'OO"E., rOR 321.5S FE:ETr
THENCE N,56'29'S5"E., rOR 37,B6 FEEl:
THENCE H,51'55'25"E:., rOR 77,24 rEEl:
THENCE N,!14'55'27"E" FOR 40,18 rEET:
THENCE 11,51"12' 13"E.. FOR 3Z,03 FEET:
THENCE N,05'27'JO"E., rOR 3S,73 rEEl:
THENCE 1I,36'44'13"W" FOR 29,68 FEET;
THENCE N,B2'23'SO"W" FOR 27,35 FEET:
THENCE N,54'50'04"W.. fOR 32,89 FE(I: ,
THENCE N,04'52'04"W" FOR 19.24 FEEl:
THENCE N,49'5B'4S"E" FOR 127,37 rEET;
THENCE N,08'32'37"W" fOR 511.18 FEET:
THENCE N,OS'32'37"W" fOR 30.9B FEET:
THENCE N,31'46'39"W" rOR .18,25 HET:
THENCE N,B0'49'02"W" FOR 23,62 FEET;
THENCE S,65'26'SO"W" FOR 77.28 rEET:
THENCE N.39'J7'Z9"W" rOR 30,59 FEEl:
THENCE N,OO'S6'll"r., rOR 62,32 FEET:
THENCE N.lJ'OS'34"W" rOR 52,26 rEEl;
THENCE N,12'07'55"E.. FOR 71.76 F'EET:
THENCE N,26'Z7'28"W., FOR 30,23 rEET;
THENCE N,42"J9'Z4"W., FOR 2IJ,7I FEEl;
THENCE N.43'07'55"W" FOR 84.94 FEET:
THENCE N,28'01 '05"W., FOR 44,67 rEET:
THENCE N,46'J9'57"W., FOR 150,BO rEET; ,
THENCE N,66'Z6'54''W" rOR 69,79 FEET;
THENCE N,S5'30'36"W., FOR 123,H rEET:
THENCE S,79'09'4S.W" FOR 42,11 rEET;
THENCE N,81'S2'SO''W" FOil 13,50 FEET:
THENCE N.S1'23'54 "W" FOR 1 52,41 FEET;
THENCE N,36'09'49"W" FOR 71.97 FEEl;
f1I!'NCE N,69'16'02"W" rOR 57,25 FEET;
'hEIlCE S,B5'34'5S"W.. rOR 46,S7 FEET:
111\ HeE 5,64'S7'34"W.. rQR 37,37 FEET;
I'll Nl:E S,46'14'46"W.. FOR \85,41 FEET;
"Ii ,NeE S,63'06'06"W.. FOR 116,24 FEET:
I "t;I~CE 5,IO'32'OS"W.. FOR ,43,5.3 rEEf:
"tENCE 5,40'29'02"E., FOR ~ 1.8~ FEET;
THENCE 5,02'16'49"E., rOR 93,91 FEET:
THENCE 5,15" ,}'05"[.. rOK 72,31 rEET;
THENCE S,,Jl'04'16"W,, FOR 19,22 rEET;
EXHIBIT" B.
y o~ 9
I U~.'r.ll(J1I COLLIE~CQ"")
_/ 05(;/~ I
- ,
THENCE 5,OJ'5!h 1 'w" FOR a9 S2 FEET'
THENCE:S,2J"OS'40"E:., FOR '134.17, FEET:
THENCE'So37'44'27"E., FOR 65.00 FEET:
'THENCE 5,19'17'13"E., roR 311,22 FEET'
'THENCE 5.03"05'27"E:., FOR ,207,69 FEa'
THENCE s.orlJ'S7"W" FOR 108,99 FEd
THoNCE,5,Jr45'51"[" FOR 68:64 FEET: '
,THENCE 5.1 r08'48"r., FOR 182,56 FEET'
'THEHCF: 5038'30'55"E,, FOR 35.93 FF:ET: '
THENCE 5.10'46:35"[.. FOR. l.4,71 FEET:
,', THENCE 5.54'0:5 33"E.JOR '107.89 FEET:
THENCF: ,5.20'07'" f "E., ,FOR 31-:1 1 FEET:
THENCE, S:13'56;38":W" FOR' 55.46. FEET:
THENCF: 5,43"40 OO"E" ,FOR 124.54 FEET:
THENCE N,1I9'22'00"E:., /'OR 351.55 FEET:,
THENCF: "1.19'15'31 "W" FOR 52,li~ FEET'
'THENCF: N,5r20'25"W., FOR '~4,20 'FEET:
THENCE N,20'23'43'w., FOR 24,~1l F1:ET;
THENCE N.05'35'16"E.. fOR 23,55 FEET:
THENCE N.3B'OB'52"W., FOR 40,39 FEET:
THENCF: N,73'OS'21"W., FOR 140,15 FEET:
THENCE N,61'25'14"w.. FOR 33.22 FEET'
THENCE N,4S'13'33"W.. FOR 47,44 FEET:
THENCE No3l'OI'45"w" FOR 46.54 rEET:'
THENCE N.16'3I'J3"w., FOR 205,35 FEET,
THENCE N,42-!>4'02"W., FOR 311,19 FEET:'
THENCE N,51'19'27"w.. FOR 46,71 FEET;
THENCE N,IS'H'57"w" FOR 42,62 FEET:
THENCE N.4T45'35"w" FOR 41.30 F'EET:
THENCF: N,05'59"4"W., FOR 74,66 FEET:
THENCE N,42'41'25"E., FOR 3J,B7 rEET:
THENCE N,62'42'oo"E" FOR 98,81 FEET;
THENCE 5,60'15'22"E., FOR 47,92 FEET:
THENCE 5,09'28'19"W., FOR '23.B3 FEET:
THENCE 5,35'48 '56 "E., FOR 63.20 FEET;
THENCE 5,61'18'29"(" FOR 229,93 FEET:
THENCE'5.22'H'27"E.. rOR 77,71 FEETI
THENCE S.03'26'17"W., fOR 104,751 FEET:
THENCE 5.28"55'41"E.. FOR 49,18 FEET:
THENCE 5.73'05'21'E., rOR 22.16 rEET:
THENCE 5.38'08'52"[" FOR 19.52 FEET;
THENCE S,36'52'12"E.. FOR 149,50 FEET:
THENCE 5,63;51 '27"E., FOR, 24,3 1 FEET:
THENCE 5.83'36'30"E" FOR 70,77 FEET;
THENCE 5,57'26'54 "W., FOR 155,65 FEET;
THENCE S,B9'27'37"W., FOR 183,63 FEET:
THENCE 5.32'11 '54 "E" FOR 124,15 FEET:
THENCE S,.39'o3J'J3"E" FOR 106,24 FEET:
THENCE S.45'28'03"E., FOR 168,09 FEET;'
THENCE S,39'17'22"E.. FOR 147,14 FEET:
THENCE 5.J3'J7'36"E., FOR 147,23 HET TO .THE POINT OF
CURVATURE OF A CURVE TO ,THE LEFT, HAVING: A RADIUS OF' 260,00
FEET, A CENTRAl. ANGLE OF 74'12'37", A CHORO BEARING OF'
5.70'43'54"[. AND A CHORD LENGTH Of 313,71 FEET;
THENCE AlONG THE ARC or SAID culM::: AN ARC LENGTH OF 3.36,76
FEET TO THE POINT OF T ANGENCV OF' SAID CURVE: .
THENCE N,72'09'47<" FOR 174,21 FEET TO A POINT ON A CURVE,
TO THE RIGHT, HAVING: A RADIUS or 350,00 FEET, A CENTRAL ANGLE
OF' 36'J5'39", A CHORD BEARING OF 5,86'31'30"E, AND A CHORD'
LENGTH OF 231.33 rEET:
THENCE, AlONG THE ARC OF SAlO CURVE, AN ARC LENGTH OF 235,76
rEET TO THE POINT OF TANGENCY OF '5A10 CURVE:
THENCE 5,69'13'42"(" FOR 129,48 FEET: '
THENCE 5.7I'59'45"E., fOR 270,56 FEET;
THENCE N,IIl'OO'15"E., FOR 190,19 FEET:
THENCE 5,74'55'OO"E., !'OR 16,036 FEET TO THE POINT OF
CURvATURE OF' A CURVE TO THE RIGHT, HAVING: A RADIUS or 25,00
FEET, A CENTRAl lINGLE OF 7!r49'55-, A CHORD BEARING OF
S.35'00'02"E AND A CHORD LENGTH OF 32,OB rEET:
THENCE ALONG TffE ARC OF SAID CURVE, AN ARC LENGTH OF 34,83
FEET TO THE POINT OF COMPOUND CURVATURE OF A CURvE TO THE
RIGHT, HAVING: A RADIUS OF 50.00 FEET, A CENTRAl. ANGLE or:
40'IB'14", A CHORD BEARING OF S.25'04'03"W, AND A CHORO'
. LENGTH OF .34,45 FEET;
THENCE AlONG THE ARC OF SAID CURVE, AN ARC LENGTH or 35,17
rrET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE'LEFT,
HAVING: A RADlU5 or 125.00 FEET, 'A CENTRAL lINGLE OF';' , '
.. 92'32'20", A CHORD BEARING OF S,0I'03'00'E. ANO A CHORD
LENGTH OF 180,65 FEET: . ", ,
THENCE AlONG THE ARC OF SAID CURVE, AN ARC'LENGTH OF 201.B9
FEET TO THE POINT OF REVERSE CURvATURE OF A CURVE TO THE
RIGHT, HAVING: A RADlU5 OF 75,00 FEET, A CENTRAl ANGLE OF
;- 48'27'13', A CHORD BEARING OF S,23'05'34"E, AND A CHORD
LENCTH OF 61.56 FEET:
THENCE AlONG THE ARC or SAID CURVE, AN ARC LENGTH OF' 63,43
FEET TO THE POINT OF COMPOUND CURVATURE OF A CURVE TO THE
RIGHT, HAVING: A RADIUS OF 25,00 FEET, A CENTRAl ANGLE OF
102'14'39": A CHORD BEARING or S,52'IS'22"W, AND A CHORD
LENGTH OF 38,92 FEET; ,
THENCE AlONG THE ARC OF SA/D' CURvE, AN ARC LENGTH OF 44.61
FEET TO THE POINT OF. REVERSE CURvATURE OF A CURVE TO THE LEFT,
HAVING: A RADIUS or 1250,00 FEET. A CENTRAl lINGLE OF
20'J2'42", A CHORD 8OOl;.1G OF N,85'5J'J9"W, ANO A CHORD
LENGTH OF' 445,82 FEET: .
, AgYMa4~ 1:ci:!6j.'!;).1
. October 24,2006
,/,OR: .~,~r1>1f:03~~ .j
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Page 226 of 273
..( OR: 3929 PG: 3021 ~
lAENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 448,22
FEET TO THE POINT OF TANGENCY or SAID CURVE:
THENCE: S.B2'SO'OO"W" rOR SO~,7G rEET TO THE NORTH LINE OF
PE:lICAN t.WlSH BOULEVARD AND THE POINT Of' CURVATURE OF A CURVE
TO THE RIGHT, HAVING: A RADIUS OF 400,00 FEET, " CENTRAl ANGLE
OF 52'~9'OO., A CHORD BEARING OF N,70'~5'30"W. AND A CHORD
LENGTH OF 355,81 FEET;
THENCE ALONG SAID NORTH RIGHT OF WAY LINE AND THE ARC OF SAID
CURVE, AN ARC LENGTH OF 368.7 J FEET TO THE POINT or TANGENCY
OF SAID CURVE:
THENCE: ALONG SAID NORTH RIGHT OF WAY LINE N,~4'2I'OO'W" FOR
500,85 FEET:' \t
THENCE ALONG SAID NORTH RIGHT OF WAY LINE N,~O'O'JI"W" FOR
80,57 FEET:
THENCE ALONG SAID NORTH RIGHT or WAY LINE N,~~'2I'OO"W" FOR
565,96 FEET TO THE POINT Of' CURVATURE OF A CURVE TO THE LEFT,
HAiliNG: A RADIUS or 355.00 FEET, A CENTRAL ANGLE OF
46' \7'20", A CHORD BEARING OF N,67'29'40"W, AND A CHORD
LENGTH Of' 279,07 FEET: .
THENCE ALONG SAID NORTH RIGHT Of' WAY LINE AND tHE ARC or -SAID
CURVE, AN ARC LENGTH OF 286,80 FEEf TO THE POINT OF TANGENCY
OF SAID CURVE:
THENCE ALONG SAID NORTH RIGHT OF WAY lINE 5.89'21' 40"W" FOR
1~7,5S FEET TO THE POINT OF CURVATURE OF A CURVE TO THE'RIGHT,
HAVING: A RADIUS Of 25,00 fEET, A CENTRAl. ANGLE Of
36'52'11", A CHORD BEARING Of N,72'12'15"W, AND A CHORD
LENGTH OF 15,8 I FEET:
THENCE ALONG SAID NORTH RIGHT or WAY LINE AND THE ARC or SAlO
CURVE, AN ARC LENGTH OF 16,09 FEET TO THE END Of SAID CURVE
AND TO A UNE THAT IS 10 FEET EAST AND PARALLEL WITH THE EAST
LINE OF US 4T (150' WIDE):
THENCE ALONG SAIO LINE N,00'J8'20"W., fOR 1251.93 FEET;
THENCE ALONG SAID LINE N,00'J9'12"W" fOR 827,S9 fEET:
THENCE N,e9'20'45"E" FOR 567,10 fEET T A CORNER ON THE
NORTH LINE OF TRACT "8" AS RECORDED IN PLAT BOOK 33, P"'GES 54-
56, COLLIER COUNTY, flORID'" PUBLIC RECORDS;
THENCE ALONG SAID NORTH LINE THE FOLLOWING SEVEN (7) OESCRIBED
COURSES:
I) THENCE N,57'~7'S9"E" fOR ~S.92 fEET;
2) THENCE N,66'35'21-E.. FOR 110.68 fEET:
3) THENCE N,OO'39'12"W.. FOR 167,52 FEET:
4) THENCE N.77'~J'40"E.. fOR 57J.75 FEET:
5~ THENCE 5,72'S9'03"(" FOR 785,92 FEET;
6 THENCE 5,OO'J9'15"E.. FOR 27,71 fEEl:
7 THENCE N,69'20'45"E., FOR 503,76 FEET TO THE EAST LINE
OF SAID TRACT -8";
THENCE ALONG SAID EAST UNE S,00'39' 1 5"E" FOR 100,64 fEET;
THENCE ALONG SAlO TRACT "B" S,89'20'4S","" FOR SS,~5 rEEl;
THENCE LEAVING SAID TRACT -8" S,IQ'4S'58''W., FOR 101.42 fEET
TO THE SOUTH LINE OF CREEKSIDE COMMERCE PARK WEST -UNIT ONE. AS
RECORDED IN PLAT BOOK 29, PAGES 57. &< 58, COLLIER COUNTY,
FLORIDA PUBLIC RECORDS;
7HENCE ALONG SAID SOUTH LINE THE fOLLOWING SEVENTEEN (17)
DESCRIBED COURSES:
I) THENCE N,B9'20'06"E.. reR 101.06 FEET:
2) THENCE N,10'54'31"E.. FOR 34.S~ FEET;
3) THENCE N,15' 39'51"E" FOR 20,54 fEET;
4) tHENCE N,3S25'~2"E" FOR 1 9,95 FEET:
5) THENCE N,5I'oI'05"E.. fOR 27,49 FEET:
6) THENCE N.83'44'Oe"E" FOR 26,D fEET:
7) THENCE N,Bli06'33"E" fOR 42,94 FEET:
B) THENCE 5,89' 35'03"E" FOR .:16,03 fEEl;
9) THENCE 101,69'39'1 n:" FOR 71.63 fEET;
1 0) THENCE N ,89' 33'17"(., FOR 16,36 fEET TO THE POINT or
CURVATURE OF A CURVE TO THE 'RIGHT, HAVING: A RADIUS or 305.00
FEET, '" CENTRAl ANGLE Of 12'55'59", '" CHORD BEARING OF
S,83'58'~4"E, AND A CHORD LENGTH OF S8,70 FEET:
II) THENCE ALONG THE "'RC OF S"'ID CURVE, AN ",RC LENGTH OF 68,85
FEET TO THE POINT Of REVERSE CURVATURE OF A CURVE TO THE LEfT,
HAVING: A RADIUS OF 60,00 FEET, A CENTRAL ANGLE Of
J6'2S'24', A CHORD BEARING OF 1'1.64' 16'OS'E.. AND A CHORO
LENGTH OF' 37,52 fEET:
12) THENCE AlONG THE ARC OF SAIO CURVE, AN ARC LENGTH OF 36,16
FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE
RIGHT, HAVING: A RADIUS OF 60,00 fEET, A CENTRAl ANGLE OF
J3'04'22', A CHORD BEARING. Of N.82'35'04'E, AND A CHORO
LENGTH OF, 45,54 fEET: .
1.1) THENCE ALONG THE ARC OF SAID CURVE, AN.ARC LENGTH OF ~6,le
fEET TO THE POINT OF TANGENCY OF SAID CURVE;
1~) THENCE S.80'52'50'E.. fOR 36.59 FEET TO THE POINT or
EXHIB1T "B W
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I .) 'Ag'eilM:ll<irJI~~(J~1"I
CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS O~rJe9ar~4, 2M~
FEET. A CENTRAL ANGLE OF 20'12'56" A CHORD BEARING OF P;3ge 227 of 273
5,70'46'21"E, AND A CHORD LENGTH OF 52,65 FEET; , !' , '
15) TI-lENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 52,92
FEET TO THE POINT OF RF:vER5E CURVATURE OF A CURVE TO THE LEFT
HAVING: A RADIUS OF 66,00 FEET, A CENTRAL ANGlE OF .
39'30'17", 'A CHORD BEARING OF S.80'25'01"E, AND A CHORD
LENGTH OF 44,61 FEET;
15) TI-lENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 45,51
FEe:T TO THE POINT OF TANGENCY OF SAID CURVE;
17)' THENCE, N,79'49'51"E., FOR 45,93 FEET;
THENCE N,74'55'42"E" FOR 121.32 FEET;
THENCE N,84'4S'32"E., FOR 23.43 'FEET;
THENCE N,8127'06"E" tOR 132..37 FEET;
THENCE S,59'40'18"E" FOR 12,21.FEET TO THE NORTH LINE OF'
PELICAN MARSH GOLF COURSE. PHAS! THREE AS RECORDED 'IN PLAT
BOOK 25, PAGES 14-16,COLllER COUN1Y, flORIDA PUBLIC RECORDS:'
THENCE LEAVING SAID NORTH LINE 5,69'40 18"E" F'OR 37,23 FEET; ,
THENCE: S,89'49'55"E., FOR 132,77 FEET; , '
,THENCE 5,86'04'48"E" FOR 45,79 FEET:
THENCE S,86'39'20"E.. FOR 97,78 FEET;
THENCE S,80'39'23"E., FOR 32,53 FEET;
THENCE S,56'04'43"E., FOR 35,11 FEET:
THENCE S,36'19'27"E" FOR 32,02 FEET;
THENCE S,OS'OI '01 "E" FOR 31.55 FEET TO A POINT ON A CURVE
TO THE LEfT. HAVING: A RADIUS OF 80,00 FEET, A CENTRAL ANCLE
OF 21'59'53", A CHORD BEARING OF 5,12'56'04 "E. AND 'A CHORD
LENGTH OF 30,53 FEET:
THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 3D,72
FEET TO THE POINT OF. TANGENCY OF SAID CURVE:
THENCE S,23'55'OO"E" FOR 13,07 rEET;
THENCE N.B9'20'4S"E" FOR 51.20 FEET TO THE WEST RIGHT OF
WAY LINE OF FRANK BOULF:vARO (GOOOLETTE FRANK ROAD)( 1 30' WIDE);
THENCE ALONG SAID WEST RIGHT OF WAY LINE S,05'34'48"E" FOR
3088,87 FEET TO THE POINT OF BEGINNING,
AND ALSO;
TRACT GC4, PElICAN MARSH UNIT SEVEN, REPLAT AS RECORDED IN PLAT
BOOK 2~, PAGES 72-74, COLLIER COUN1Y, FLORIDA PUBLIC RECORDS,
TRACT GC4 CONTAINS 4,62 ACRES
LESS AND FXCEPT' (LESS PARCEL "A")
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ALL THAT PART OF SECTION 27, TOWNSHIP 46 SOUTH, RANCE 25
EAST, COLLIER COUNTY, FLORIDA AND BEll'IG MORE PARTICUlARLY
DESCRI8ED AS F'OLLOWS:
COMMENCING AT THE WEST OUARTER (1/4) CORNER OF SAID SECTION
27; THENCE NORTH 89'21'14" EAST, 10,00 FEET: THENCE NORTH
00'39'12" WEST, 827,69 FEET; THENCE NORTH 89'20'45"
EAST, 45,00 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL;
THENCE CONTINUE NORTH 89'20'45" EAST 366,43 FEET;
THENCE SOUTH 00'39'15" EAST 34,09 FEET;
THENCE SOUTHEASTERLY 47,35 FEET ALONG THE' ARC OF A NON-
TANGENTIAL CIRCULAR, CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 70,00 FEET THROUGH A CENTRAL ANGLE OF 36'45'23"
AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH
64'19'09" EAST 46.45 FEET TO A POINT OF COMPOUNDED
CURVATURE;
THENCE SOUTHERLY 259.53 FEET ALONG THE ARC OF A CIRCULAR
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 197,21 FEET
THROUGH A CENTRAL ANGLE OF 75'24'06" AND BEING SUBTENDED
BY A CHORD WHICH BEARS SOUTH 07'14'23" EAST 241.20 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHERLY 151.40 FEET ALONG THE ARC OF A CIRCULAR
CURVE CONCAVE EASTERLY HAVING A RADIUS OF 130,00 FEET
THROUGH A CENTRAL ANGLE OF 66'43'37" AND BEING SUBTENDED
BY A CHORD WHICH BEARS SOUTH 02'54'07" EAST 142,99 FEET
TO A POINT OF REVERSE CURVATURE;
THENCE SOUTHERLY 120,22 FEET ALONG THE ARC OF A CIRCULAR
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 70,00 FEET
THROUGH A CENTRAL ANGLE OF 98'24' t 2" AND 8EING SU8TENOED
8'1' A CHORD WHICH SEARS SOUTH 12'56'10" WEST 1 05,98 FEET;
THENCE SOUTH 62'08' 16" WEST 75,07 FEET;
THENCE SOUTHERLY 48,75 FEET ALONG THE ARC OF A CIRCULAR
CURVE CONCAVE EASTERLY HAVING A RADIUS OF 30.00 FEET
THROUGH A CENTRAL ANGLE OF 93'06'13" AND BEING SUBTENDED
BY A. CHORD WHICH 8EARS SOUTH 15'35'10" WEST 43,56 FEET;
THENCE SOUTH '30'57'58" EAST 34,79 FEET;
THENCE SOUTHERLY 19,94 FEET ALONG THE ARC OF A CIRCULAR
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 80,00 FEET. .
THROUGH A CENTRAL ANGLE OF 14'16'43" AND BEING SUBTENDED
BY A CHORD WHiCH BEARS SOUTH 2.1'49.37" EAST 19.89 fEET;
THENCE ALONG A NON-TAGENTlAL LINE SOUTH 84'13'14" EAST
13 1.51 FEET;
~
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EXHIBIT" 6"
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October 24,2006
, PaIle 228 of 273
..f OR: 392~ PG: 3023V
,
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THENCE SOUTH 46'U'5"'" WEST 62.17 FEET;
THENCE NORlH 84' 13'14" WEST 82,55 fEET;
THENCE SOUTH 33'05'40" WEST 54.13 F'EEr;
THENCE SOUTH 76'56'51' WEST 89.04 FEET;
THENCE NORTH 58' 35'2'" WEST 65,19 FEEl:
THENCE NORTH 15'31'55" WEST 74,80 FEET:
THENCE NORTH 00'4"41" WEST 1 t 5,24 FEET:
THENCE NORTH 28'22'47" EAST 171.51 FEET;
THENCE NORTH 17"11'45" WEST 106,79 FEET:
THENCE NORTH 13"02'52" EAST 28,51 FEET:
THENCE NORTH 73"36'14" WEST 54,78 fEET;
THENCE SOUTH 49'16'08" WEST 112,78 FEE'T:
THENCE SOUTH 89'47'08" WEST 53,08 FEET:
THENCE NORTH 58'00'49" WEST 50.49 FEET;
THENCE NORTH 00'39'12" WEST,,303.49 FEET TO THE
BEGINNING OF THE AREA OF THE HEREIN DESCRIBED:
CONTAINING 5,15 ACRES MORE OR LESS;
POINT OF
ALSO LESS AND EXCEPT: (LESS PA~CEL "8")
BEGINNING AT THE SOVTHWEST CORNER OF TRACT "e" OF SAID PELICAN
MARSH UNIT SEVEN REPLAT:
THENCE 5,15'52'00"E" FOR 54.86 FEET 'TO THE POINT OF'
CURVATURE OF A CURVE TO THE RIGHT. HAVING: A RADIUS OF' 500.00
FEET, A CENTRAL ANGLE OF 32'33'00", A CHORD BEARING OF' .
S.00'24 '30"W, AND' A CHORD LENGTH OF 280,25 FEET:
THENCE ALONG THE ARC Of SAID CURVE. AN ARC LENGTH Of 284.05
F'EET TO THE POINT OF TANGENCY OF SAID CURVE:
THENCE $,16' 4 t 'OO"W.. FOR 346.21 FEEl TO THE POINT Of
CURVATURE,.OF K'CURvE TO THE RIGHT, HAVING; A RADIUS Of 300,00
FEET, A CENTRAL ANGLE OF' 33'42'57". A' CHORD BEARING OF
S.33'32'28"W, AND A CHORD LENGTH OF 174,00 FEET:
THENCE ALONG THE ARC or SAID CURVE, AN ARC LENGTH Of 1 76.54
rEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEn,
HAVING: A RADIUS OF' \ 75,00 FEET, A CENTRAL ANGLE OF
71'53'32", A CHORD BEARING OF S.14'27'11"W. AND A CHORD
LENGTH OF 205.46 FEET;
THENCE ALONG THE ARC OF SAID CURVE, AN ARC leNGTH OF 2 19,58
F'EET TO THE POINT OF TANGENCY OF SAID CURVE:
THENCE 5.21'29'36"[" FOR?522,19 FEET TO THE POINT OF
CURVATURE OF A CURVE: TO THE LEFT, HAVING: A RADIUS Of 250.00
rEET. A CENTRAl ANGLE or 43'41'02", A CHORD BEARING OF
S.43'20'07"E, AND A CHORD lENGTH ()F 186.02 fEET:
THENCE ALONG' THE ARC OF SAID CURVE, AN ARC LENGTH OF 190.61
fEET TO THE POINT OF TANGENCY OF SAID CURVE;
THENCE S,65'10'38"E., FOR '86,90 FEET TO THE POINf OF
CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 55,00
fEET, A CENTRAL'ANGLE OF 120'56'22", A CHORD BEARING OF
N.54'2t'\ l"E, AND A CHORD LENGTH OF 95,71 FEET;
1HENCE ALONG THE ARC OF' SAID CURVE, AN ARC LENGTH OF 116,09
FEET TO THE POINT OF TANGENCY OF SAID CURVE:
THENCE N,06'07'OO"W.. FOR 752,14 rEET TO THE POINT OF
CURVATURE OF' A CURVE TO THE LEn, HAVING: A RADIUS OF 105,00
FEET, A CENTRAL ANGLE OF 48"32'13", A CHORD BEARING OF
N..30'23'07"W. AND A CHORD LENGTH Of 86,31 fEET;
THENCE ALONG THE ARC Of SAlD CURVE. AN ARC LENGTH OF 88.95
rEET TO THE POINT OF TANGENCY or SAIO CURVE;
'THENCE N,54'.39'13"W" FOR 69,36 fEET:
THENCE N,DT38'09"W" F'OR 72,39 FEET;
THENCE N.7S'50'J2"W" FOR 22,30 fEET TO A POINT ON A CURVE
TO THE RIGHT, HAVING: A RADIUS OF 1100,00 FEET, A CENTRAL
ANGLE OF 06'.36'17", A CHORD BEARING OF N,1743'14"E, AND A
CHORD LENGTH OF 126.73 fEET:
THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 126,80
FEET TO THE POINT OF REVERSE CURVATURE Of' A CURVE TO THE LEFT,
HAVING: A RADIUS Of 3033,51 FEET, A CENTRAL ANGLE OF
04'30'36", A CHORD BEARING OF N.18'46'OS"E, AND A CHORD
LENGTH OF 238,71 FEEl;
THENCE ALONG THE ARC OF SAID CURVE. AN ARC LENGTH OF 238.77
rEET TO THE POINT or COMPOUND CURVA'TURE OF A CURVE TO THE
LEFT, HAVING: A RADIUS OF' 825,00 FEET, A CENTRAL ANGLE OF
23'26'25", A CHORD BEARING Of N,04'47'3S"E. ANO A CHORD
LENGTH OF 335,17 FEET;
THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH or .337,52
FEET; ,
THENCE N,72'52'04"W" FOR 55,1 t FEET TO THE SOUTHEAST CORNER
OF SAID 'TRACT "C";
THENCE CONTINUE N,72'S2'04"W.. ALONG THE SOUTH LINE Of SAID
TRACT "C", FOR 45,39 FEET;
THENCE N,B9'08'18"W, ALONG SAID SOUTH LINE, FOR \66,33 FEET
TO THE POINT OF BEGINNING,
EXHIBIT "BM
2$ OFCj
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Page 229 of 273
*** OR: 3929 PG: 3024 *++
{"
CLUBHOUSE PARCEL AT 8AY COLONY GOL F' COURSE AT PEliCAN MARSH
LEGAL DESCRIPTION OF PART OF TRACT "GC-9, PELICAN MARSH GOlf
COURSE, PHASE THREE, RECORDED IN PLAT BOOK 25, PAGES 14-16,
COLLIER COUNTY, flORIDA PUBLIC RECORDS, AND ,BEING !.lORE PARTICULARLY
DESCRIBED AS F'OlLOWS:
-
COMMENCING AT THE NORTHEAST CORNEll OF lOT 6J, BENTGRASS BEND Ar
THE ESTATES AT BAY COLONY GULF CLUB, RECOROEO IN PLAT BOOK JJ
PAGES 54 - 56, COLLIER COUNN, FLORIDA PUBLIC RECORDS AND THE
SOUTH RIGHT OF' WAY LINE OF BENTGRAS5 BEND AND A POINT ON A CURVE
TO THE RIGHT, HAVING: A RADIUS OF 225,00 rEET, A CENTRAL ANGLE
OF J7'56'47", A CHORD BEARING (IF S.o39'47'59"E, AND A CHORD
LENGTH OF 146.43 FEET:
lHENCE ALONG SAID S(lum RICHT OF WAY UNF AND THE ARC or SAID
CURVE, AN ARC LENGTH or 149,15 rEET 10 lHE POINT Of' REVE:'RSE
CURVATURE OF A CURVE 10 IHE LEn, HAVING: A RADIUS OF' 270,00'
FEET, A CENTRAL ANGLE or 11'09'37", A CHORD BEARING OF
5,26'23'23"E, AND A CHORD lENGTH or 52,51 FEET:
THENCE ALONG SAID SOUTH RIGHT OF WAf LINE "NO THE ARC OF SAID
CURVE, AN ARC LENGTH OF 52,59 FErr TO THE END OF SAID CURvE AND
THE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTH RIGHT or WAY LINE S.23' 49' 4 7"W" A
DISTANCE OF 165,49 FEET: THENCE S.23'OI'09"E" A DISTANCE OF
72,96 FEET:
THENCE S,I3'2I'o30"[" A DISTANCE OF 123,16 FEET:
THENCE 5,6T07'o33"W.. A DISTANCE OF 93,07 F'EET:
THENCE S,03'55'02"E.. A DISTANCE OF" 153,41 rrET:
THENCE 5,60" 1 O'J6"E" A DISTANCE OF 71.66 rEET:
THENCE 5,86'30' Is"E., A DISTANCE OF 297,50 FEET:
THENCE N.s4'Ol'Qs"E.. A DISTANCE or 212,98 FEn TO THE WESTERLY
RIGHT OF WAY LINE OF, BRASSIE FIEND AND A POINT ON A CURVE TO THE
RIGHT, HAVING: A RADIUS OF :I~5, 14 fEET. A CENTRAL ANGLE Of'
03'29'T'", A CHORD BEARING OF N,Ol'58'~2'E. AND A CHORD LENGTH
OF 21.00 F'EET:
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID
CURVE, AN ARC LENGTH OF 21,00 FEEl TO THE POINT Of TANGENCY OF
SAID CURVE: '
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE N,03'~3'27"E., A
DISTANCE OF 169.42 FEET TO THE POINT Of' CURVATURE Of' A CURvE TO
THE RIGHl, HAVING: A RADIUS OF 155,00 FEET, A CENTRAL ANGLE OF
01'19'15", A CHORD BEARING OF N.04'22'59"E. AND A CHORD LENGTH
OF 3,57 FEET: 1
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE AND THE ARC OF SAID
CURVE, AN ARC LENGTH or 3,57 FEET TO THE SAID SOUTH RIGHT Of WAY
LINE AND A POINT or REVERSE CURVATURE OF A CURl'( TO THE LEFT"
HAVING: A R"DIUS OF 29,00 FEET, A CENTRAl ANGLE OF 79"JO'28", A
CHORD BEARING OF N.34'42'3'"W, AND A CHORD LEN.;T/i OF 037,09 FEET;
THENCE AlONG SAID SOUTH RIGHT OF WAY LINE AND THE ARC or SAIO
CURVE, AN ARC lENGTH OF 40.24 rEET TO THE POINT ,OF TANGENCY OF
SAID CURVE;
THENCE ALONG SAID SOUTH RIGHT or WAY UNE N,74'27'45"W" A
DISTANCE OF 166,21 rEET TO THE POINT OF CURVATURE OF A CURVE TO
THE RIGHT, HAVING: A RADIUS OF :100,00 FEET, A CENTRAL ANGLE OF
07'00'14", A CHORD BEARING OF N,70'57'o39"W, AND A CHORD LENGTH
OF :16,65 FEET;
THENCE, ALONG SAID SOUTH RIGHT OF WAY LINE AND THE ARC OF SAID
CURVE, AN ARC LENGTH or 36,67 FEET TO THE POINT OF TANGENCY OF
SAID CURVE:
THENCE AlONG SAlO SOUTH RIGHT OF WAY LINE, A
DISTANCE OF 119.59 FEET TO THE POINT OF CURVATURE Of A CURl'( TO
THE RIGHT, HAVING: A RADIUS OF 270,00 FEET, A CENTRAl ANGLE OF
035'29'23", A CHORD BEARING OF N,~9'42'52'W, AND A CHORD lENGTH
OF 16~,s8 rEET;
THENCE ALONG SAID SOUTH RIGHT OF WAY LINE AND THE ARC OF SAID
CURVE, AN ARC LENGTH OF 167.24 FEET TO THE POINT or BEGINNING.
tp
EXHIBIT "6"
? of 9
I.
I~~R~~ G1
e
Folio No. 00168042900 MIA
Agenda Item No, 8e
Rev. 1 October 24,2006
PUDZ-2005-AIf-w:JjO of 273
PROJECT #2005110029
DATE: 4/21/06
Michael DeRuntz
. ...
Details
<,
OWner Name OCEAN BOULEVARD PARTNERSHIP
Add.....e. 2800 GOLDEN GATE PKWY STE 200
CIbI NAPLES I Statel FL I Zip. 34106 .3227
Legal 27 48 25 EL Y 2.25AC DESC AS:
FROM NW CNR SEC 27, S 125.02FT
NEL Y34.99FT, S89DEG E 634.22
FT TO POB, S811DEG E 12.87FT,
'For more than four linn of Legal D.scrlptlon pl.... call the Property Appra18.r"1 Office.
100
51
Acres
2.25
133
--t MIIlaa
12.8116
Section
27
TOWl18hl
48
Sub No.
. ~ Use Code
ACREAGE HEADER
AGRICULTURAL
2005 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
e
Land Value $ 882,090.00
I (+) Improved Value $0.00
fa) Market Val.... $ 882,080.00
. 1-1 SOH Exempt Value S 877,972.00
, (=) Assessed Value S 4,118.00
(-) Homestead and other Exempt Value $0.00
(=) Taxable Value $ 4,118.00
Amount
Date
Book - Page
SOH = "Save Our Homes" exempt value d\le to cap on assessment Increases.
-
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Agenda Item No, 8e
October 24,2006
r~Ji~"1 of Lfj
l?o::cp.:...ty ag;n:aiser's
pa%Cel ident:ific:atia1
~ 00157800004
and 00176760009
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DEED ]!lade this Nov.ember 14
, 1988 by Lamar Gable,
'.!his .insb:uIlient pl:'epare4 by
H.axolc! S. ~I SUit:a 200
260Q Golc!en Gate ~
Eap!esl Florida 33942-3206;
a.rd Wen reoorded J:et:ur:n to
tee. T.readweU, Sui:t::a 200
2600 Golden Gate Pax>>1ay,
;/J Naples, Flor.i&\ 33942-3206
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Har~ld s~ Lynton and Marguer~ta R. Collier as Trustees.under
the Trust created for the benefit of ~arquerite R. Collier
under Article SDCTH A. Of the wiil of Barron Collier, Jr.,
deoeased, probat~d in the circuit court for Collier County,
Florida, Probate Division, File No. 76-33, and also by them
individually (hereinafter, as such Trustees and individually,
called the Grantors), whose post office address is suite 200,
2600 Golden Gate Parkway, Naples, Florida 33942-3206, to
OCEAN BOULEVARD PARTNERSHIP, a Florida partnerShip (hereinafter
called the Grantee), whose post offioe address is suite 200,
2600 Golden Gate Parkway, Naples, Florida 33942-3206.
:tn consideration of one hundred dollars and other
. good and valuable consideration, the r~ceipt of all of which
"
is hereby acknowledged, the Grantors hereby bargain,. sell,
grant and convey to the Grantee and. its successors and
assigns, the tracts and parcels of land situated., lying and
being in Collier county, state of Florida, described in
Exhibi~ A annexed hereto, together with all tenements,
hereditaments and appurtenances, and all rights, powers,
privileges,
titles,
estates,
reversions,
interests,
... remainders, easements, and riparian and littoral rights
thereto belonging or in any wise pertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
SUBJECT to any reservations, rights-of-way,
eaSeJ%ients and rastrict.ions that are of record or that an
inspection would disclose, inclUding, without limitation,
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Agenda Item No, 8e
October 24, 2006
FO\:jc 2JZ 6f 276
L2itf~ 1
those 1!or roads, construction o~ roads, railroads, public
utilities, water, water lines, sewers, sewer lines, telephone
and power lines, borrow pits, outfall ditches and drainage.
IN WITNESS WHEREOF, the Grantors have ~ecuted and
delivered this deed the day and yee..r .~irst above mentionec1.
signed, sealed and delivered
in our prese1;1ce:
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Lamar' G 1e ,
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Harold S. Lyn
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Marg~erite R. Collier
(L. S ~~]
As Trustees unc1er the will of
Barron collier, Jr., deceased.
and also individually . ,
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STATE OF FLORJ:DA . )
) ss.:
COUNTY OF COLLIER >
The foregoing instrument was acknowledged before me
this
, 1988, by Lamar Gable, Harold S.
November
14
Lynton, Marguerite R. coll~ as Trustees under the will o~
____~~F='C?}:'l ~oll~"e.rL~~'L ?_e~,,:<:-~!-~,'.. and ~~~?_"~?':iivid?allY,
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Notary Public
HOrARV pUlll..IC 5;"'11 or f\.~
MY C(J'I'lCS!llCtHxP,OCT.I:s.\v....
WClEO nAl IlElolEMl-lNS, utlO.
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Agenda Item No, Be
October 24,2006
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EXBJ:Br.r A
OP DEED OF IilOV'EKBU 14, 1988
BY IAHAR GABLE, B'r AL, ETC. TO
OCEAN BOUlEVARD PARTNERSHIP. A FLOIU:~ PARTNERSiD:P
.
~~thcse portions of Sections 27 and 34; Township
48 South,Range 25 East, Collier County, Florida,
lying westerly of the East line of the Plorida
. Power and Liqht Company easement (which easement is
described inDeed Book 30, paqe 27, !lnd is dated
August 24, 1953), and lying southerly ot state
Road 846.
~ the parcels (1) comprising Pine Ridge Second
Extension as ~ecorded in Plat Bock 10, Fag. 86; and
Pine Ridge Second Extension Replat ,as recorded in
Plat Book J.2, Page 57, (2) conveyed to Collier
County., a POlitical Subdivision of the state of
. Florida, by deed of December 3,' 1975 reoorded in o.
R. Book 637, Page 116J., (3) conveyed to Mart Realty
by deed of March 11, 1977, recorded in O. R. Book
680, Page 780, ancI (4) conveyed to EXchanqe Bank of
Collier county by deed of July 2, 1979, recorded in
o. R. Book 820~ Page 12, all such recordations
being in the Public RecordS of Collier County,
Florida.
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The tracts and parcels conveyed by the present
deed are part of the lands conveyed to the. Grantors
by deed of June 7, 1982, reoorded ,in O.R. Book 975,
Page 660, in the Public Records of Col~ier County,
Florida.
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r Owner Name OCEAN BOULEVARD PARTNERSHIP II
, " Addresses OCEAN BOULEVARD PARTNERSHIP
I 2600 GOLDEN GATE PKWY STE 200
r CItv NAPLES II Statell Fl B Z1pll 34105.3227
Folio No.~ 00168042803 Map
-.
Current Ownership
Property Addressll NO SITE ADDRESS
Rev. 1 Agenda Item No, 8e
PUDZ-200S-AR-8833:tober 24, 2006
PROJECT #200S11dtJB 234 of 2731 of 1
DATE: 4/21/06
Michael DeRuntz
Details '
~
IL
legal 274825 CREEKSIDE BLVD EXT
DESC IN OR 2850 PG 2368
Map No.
3A:tT
I Strap No.
I 482527 024.0003A27
Section I Township II Range II
27 48 25
Sub No. I 100 I ACREAGE HEADER
'1J Use Code 94 MISCELLANEOUS
Acres
3.01
I
133
2005 Final Tax Roll
(Subject tb Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
land Value $ 100.00
+ 1m roved Value S 0.00
= Market Value $ 100.00
SOH Exempt Value $ 0.00
sessed Value $100.00
mestead and other Exem t Value $ 0.00
= Taxable Value $100.00
SOH = .Save Our Homes. exempt value due to cap on assessment increases,
Latest Sales History
Date
II
Book. Page
~
Amount
--
The Information Is Updated Weekly.
-.
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~
Agenda Item No, 8e
October 24, 2006
Page 235 of 273
,f"r
1885140 01: 2009 PG: 1568
IICaIIIII U erncw. .... ., CIIIUo" -..r. R
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....... FIaddII 33M2-32Oe
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SuIIIt 200- '
2800 GOId.n Galla hr'-..av
........ FbtdI- 33fM2-3208
Gr8ntM". ax
...atffic4ldu.. ....r.e..r.
00167800004
A~ P\",oAly
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nEJa) _de ~. Hov.-J:Nlr 1, 1994
~ T..._... Gah~IIl, Francaa G. V.1.l.1i1lr1l, Barron COll:1ez' :In
aDd. JU1J.et:. c. .sprOn1 (ha:eiaarter collact:.1v4Uy call_ tba
~.), vboae po.t o~tica acIdz'eaa 1. SUite 20a, 2~O Go1clen
Gab. ~Y. Hapl..., F1or1da 33942-3206.
"1'0 Ocean Bou1.~ l'artDerah:1p IX. . P1.or.ida ~ip,
(harai.na~ c.a11ad 't:be .C;:~.), who.. pcMrt: orr.1.~ aol34r_ ~.
SUJ.te 200. - 2600 COl.d~ Gate P~kwar, liap1.es, F1.orlda, 339012-3206.
w:r .. . * . . . .. .1I
u_ _..~ --.- contrliJ.iticm-to-tiM, capita-i~---th.'Gr~.-anci-rorqh. -._--
~ Do11ar ~ r<ace1.pt 1. bar.by acknov1ecS9-S. 1:be Grantor..
hcrel:lyq:1ve. grant, 1:rana;far aJICI convey to the Grantee -11.I)(I 'the
GrIIJIQa'. .ucc..lIOr. and -_ig:aa,th. l.and d.-cru-d in Jbrb:1b1.~ A
beJ:~, l.yiDg and beiDg tn C01.1.JAr COImty, Sta~. o~ F1.orida,
A1O:J
in .1.1. bui1dinga,
t:en...nta ,
~,
herecti. ~'t;.a. appurtenance." .....-nt:a .n4 r:l.g'bt:a 1:h~to
be1cmg!.no; or in any v.i... perta1niD;J,
TO HAVE AIm 'ft) BOLD 1::!uI __ in :tea _t.p1. :t'DII:"eYer.
~ t:a &I'IY IIJId al1 crut:.ataacUDtjJ vaJ.1d _ttara o:t'
rttCOX"c:J or _tt:.ra that a survey or inspection would 4iaclo.e.
Agenda Item No. 8e
October 24, 2006
Page 236 of 273
OR: 2009 PO: 1569
-
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saicl l.and 'is ~t:ha hoIIell1:Acl o~ anyone.
D 1I1f.1.ftESS IlfIPJIOl". t:1ui, Grant:or.s have exacut:ed aJ:Illi!'
4e:(1.v~ ~. Deecl 'the clay aDd y..r ~irR a:bove~oDe4.
s.19JUM!., ~e4 aDcl aeU.VC:ecl
iD 0lU' ~~~:
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[Print ....]
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.d _ ._~_t:~~_~~~~t; .~~~~~~~.~~~_.~_~~__,___._. _ '.
~ 1... 199..... by x.a:.ar c.ble.. ~.. Ge. Vi.Uere, Barron
C:011:ler :1::[1: and JUliet C. Sproul who are peraomil11y knovn to ....
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NOrAIn' PlIBUC STAn: OF JlLOIIt
. CONM8IOllI.No.~
MYCOMMIlSJONEXP.AI'R.'II..'!llI8
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Agenda Item No. 8C
October 24,2006
Page 237 of 273
JOHNSON ENGThlEERING, L~C.
fICIId IlI'lCRS
NNILES
ran ow.DnE
21M .!ICHNSON STRUT
1DDNClIC'" D<<lCM'
111-~~':M4A
POST orne.: 801 1Sse
.000T ..,.IU5. '\'0'"0&
~
CAllI. ~ .DtN$ON
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ARCHIl: T. C:"AtlT. .m.
~r
J'OJlllt~ST H. aAHIC$
.IOSE,.H w. E.NE:~
STnEN It. IlIOItRISClN
A....OKI:W D. Tn. 'JON
.)E.....ItEY e. COONER
c:.AJn. ,.. ..'UIACO
DAN w. DICItE.Y
KENTON It. II:ElpNG
W. BWITT POM~f10Y
W. DA'VIO ltE'Y. .lR.
KIYIN M. WINTER
~
Ge:OItGC .I. It At. A I..
MtCMAEL. L HARMON
GARY JIt. BULL
STE~HI:" w. AD....S
"ATRletA H.. NEWTON
CDlII1T.INI'
Ll:STEJt L. IULSON
Exhibit A
ENGINEERS. SURVEYORS AND ECOLOGISTS
October 11, 1994
DESCRIPJ10N
PARCEL lWO
SECllON n, T. 48 S.) R. 25 E.
COUJER COUN1Y. FLORIDA
A tAd or J*CCl of JaDd lyiDa iD Scdioo Z1, TOWDship 48 South, Rlm&c 2S East,.
, Collicr,Coanty, Florida which IJact orparc:cl is described as follOWS:
fJom the nortbwcst comc:r of said Section 27 IUJl S 00- 02' 331 W
aJougthe wesl1iDc of said Section 27 and the East line ofTamiami
Trail (S1ate Road No. 45) for 125.D2 feet to the South Ijuc of
Immokalcc Road (State: Road No. 846); tbtDCO nm aIoDJ said
South liDc the following COUISCS: N 4S" 28' 51- E far 3S.G8 feet;
S W 04' 03" E Cor 573;46 feet; S &r 12' IS" E for 500.61 feet
,am:1 S W O4J OJ- E for 147m fed to the Point of ~:III';~)&.
From said Point of Begbming CODtinuc alOD!: said South IiDc of
Immoblec Road. the: following courses: S 89- 04' 03" B for
1108.S1 feet; 800" 55' 57. W for 10.00 fed; S 89- 04' 03- E for
150.19 fed to ~ Wcsa 6Dc of the Northeast quarter (NE-1I4) of
said Section 27; tbcDcc continue along said South line of
Immolcalcc Road S 89'" 07' IS- B for 11 un feet to tbc r..r tine
of FJMda Power aDd lisbt Company easement dcsc:ribcd in
mswmc:nt recorded in Deed Book 30 at Page 27, Collier County
RCCOIds; thcm:c nm S 04- 52' 15. E along said East line fur
1532.85 fed; thence run S SS 06' 45. W for 100.00 feet to the
EasS tiDe of a dminagc casemc::nt dc:saibed ill deed IeCOrdcd in
Official &oord Book 682 at Page: 197~ said Public RcaJrds;'
thc:uc: 11m S 04- 53' 15- E along said East line for 75.00 feet;
tbe:ac:c nut N 89- S7' 49- W for 3258.67 fCd to said East JiDc of
- ~bai-T-J8i1~-Ihc:Dce-nurN-OO.02'33.'E alo.ng'Siil5SIlJDem.r --
475.22 teet; theJK:c :run S &r 57' <19" E for 1245.00. feet; 1hencc
nm N 00. 02' 33- E for 1115.51 feet to the Point of Bepming.
ContSljDiag 89.92 acres, mOlt or less.
SUBIECI' 10 easements. n:strldions and R:SCmllioDS of RCOJd.
:Bc:arln8S hcrc:iDabovc JDCDtioncd arc based on the ccntedine survey of Immoblcc
Road (State Road No. 846) ad the North line of the Nottb~ quarter (i'"'W-1I4)
of Sccrion ZI, Township 48 South, Range 2S East bears S 89" 04' 03" Eo
MLH/tc
2S136a
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Midrad L HaJmOD (For.nc Firm)
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Florida Certificate No. 2904
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Agenda Item No, 8e
October 24, 2006
Page 238 of 273
NAPLES DAILY NEWS BUSINESS PARK PLANNED UNIT DEVELOP:MENT
PROPERTY OWNER LIST
Folio Number: 29331190521
Creekside Commerce Park Property Owners Association, Ine.
2600 Golden Gate Parkway
Naples, FL 34105-3227
Folio Number: 29331190660
Creekside Commerce Park Property Owners Association, Inc.
2600 Golden Gate Parkway
Naples, FL 34105-3227
,:;
Folio Number: 00168040601
Ocean Boulevard Partnership IT
2600 Golden Gate Parkway
Naples, FL 34105-3227
Folio Number: 00168046003
Ocean Boulevard Partnership n
2600 Golden Gate Parkway
Naples, FL 34105-3227
Folio Number: 00168042900
Ocean Boulevard Partnership
2600 Golden Gate Parkway
Naples, FL 34105-3227
Folio Number: 00168042803
Ocean Boulevard Partnership IT
Ocean Boulevard Partnership
2600 Golden Gate Parkway
Naples, FL 34105-3227
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Agenda Item No, 8e
October 24,2006
Page 240 of 273
OWNERSHIP DETAIL
04/20/05
1280 CREEKSIDE MEDICAL LLP
PARTNERS
MM
Creekside West I nc
50.0000%
M
Lutgert Creekside Medical LLC
50.0000%
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A Limited Liability Partnership formed for the purpose of holding and leasing the
medical office building located at 1280 Creekside Street, Naples, FL, Unit 1280 of
Creekside Medical Commercial Condominium.
~
,
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Agenda Item No. 8e
October 24, 2006
Page 241 of 273
04/11/05
OFFICERS AND DIRECTORS
6rtt-b;~ JAt~~ C~We:J C~ ItJ.50t.
President
Paul J Mannelll
Vice President
Dave Borden
Secretary
Brad Boaz
Director
Douglas E Baird
.)l
"'
'1
Agenda Item No, 8e
October 24, 2006
Page 242 of 273
OWNERSHIP DETAIL
04/25/05
CREEKSIDE WEST INC
Share Holder Katherine G Sproul, Juliet A Sproul & 14.38303%
Jennifer S Sullivan, as Trustees for
Juliet C Sproul Testamentary Trust
Share Holder Barron Collier III 17.56611 '
Share Holder Lamar Gable 31.80984%
Share Holder Frances G Villere 9.67516%
\ ,:;
Share Holder Christopher Villere .:; 5.67919%
Share Holder Lamar Villere 5.67919%
Share Holder Mathilde Villere 5.67919%
Share Holder Phyllis G Alden 6.34522%
Share Holder Juliet C Sproul 0.34348%
Share Holder Jennifer S Sullivan 0.94653%
Share Holder Juliet A Sproul 0.94653%
Share Holder Katherine G Sproul 0.94653%
/.
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Agenda Item No. 8e
October 24,2006
Page 243 of 273
OWNERSHIP'PET AIL
(
OCEAN BOULEVARD PARTNERSHIP II
.:;
LamarGable
Citrust
Gift Partnership (fka Sproul Partnership)
Barron Collier IV Irrevocable Trust
Alexandra E CoUierlrrevocable Trust
Lara C Collier Irrevocable Trust
GE:r\iJE~L
PARTNER
50.0000%
37.5000%
'6.2500%
2.0834%
2~0833%
2.0833%
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OWNERSHIP DETAIL
CITRUST
General Partner
General Partner
General Partner
Lamar G Villere
33.3330%
Christopher Villere
33.3330%
Mathilde B Villere.
33.3340%
')
Agenda Item No, 8e
October 24, 2006
Page 244 of 273
04/26/05
1
OWNERSHIP DETAil
GIFT PARTNERSHIP
.~ GENERAL PARTNER
Katherine G Sproul
33.3334%
Juliet A Sproul
33.3333%
Jennifer S Sullivan
33.3333%
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Agenda Item No. 8e
October 24, 2006
Page 245 of 273
05/05/05
?
, ,
:OWNER$HIPO.ETAlL
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BarrOn Collier m
Ji.Juet C Sproul
lamar G~ble
FGV Enterprises of Naples L TO
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,,.
GENERAL
PARTNER
6:2500%
6.2500%
50.0000%
37.5Qoo%
Agenda Item No, 8e
October 24,2006
Page 246 of 273
05/05/i15
9'
OWNERSHIP DETAIL
FGV ENTERPRISES OF NAPLES, L TO
FGV Holdings of Naples LLC
2000 Frances G Villere GRA T
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GENERAL
PARTNER
5.0000%
~
Agenda Item No. 8e
October 24,2006
Page 247 of 273
04/27/05
LIMITED
PARTNER
95.0000%
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i
;
OWNERSHIP DETAIL
FGV HOLDINGS OF NAPLES LLC
Managing Member
Frances G. VilIere
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100.0000%
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Agenda Item No, 8e
October 24, 2006
Page 248 of 273
04/27/05
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Page 249 of 273
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October 24, 2006
Page 259 of 273
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Octo5ef24 ,~20b6
Page 260 of 273
Folio No.1 00168045004 .Map I
-
Current Ownership
Property Addreaall NO SITE ADDRESS
Owner Name PELICAN MARSH COMMUNITY
Addresses DEVELOPMENT DISTRICT
% W NEIL DORRILL
5672 STRAND CT SUITE 1
City NAPLES I Statel Fl a Zio134110 - 0000
Legal 27 48 25 THAT PORTION OF SEC
27 REFERENCED AS CONSERVATION
AS DESC IN OR 3674 PG 3203
Section
27
Acres
22.78
Sub No.
-t Use-.C.ode
100
99
ACREAGE HEADER
NON-AGRICULTURAL ACREAGE
2005 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
Land Value $1,139.00
(+) Improved Value $0.00
(=) Market Value $ 1,139.00
(-) SOH Exempt Value $0,00
(=) Assessed Value $1,139.00
(-) Homestead and other Exempt Value S 0.00
(=) Taxable Value $ 1,139.00
Amount I
$0.00
Book - Page
3674 - 3189
II
11 I 2004 I
Date
SOH = 'Save Our Homes' exempt value due to cap on assessment
increases.
-
The Information is Updated Weekly.
http://www.collierappraiser.comlRecordDetail. asp ?FolioID=OOOOOOO 168045004
5/29/2006
Agenda Item No. Be
October 24, 2006
Page 261 of 273
'"
Agenda Item No. Be
October 24, 2006
Page 262 of 273
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Agenda Item No. BC
October 24,2006
Page 266 of 273
NAPLES DAILY NEWS BPPUD
EXHIBIT C
LOCATION MAP
LOCATED IN SECTION 27, TOWNSHIP 48, RANGE 25,
COLLIER COUNTY, FLORIDA
111TH AVE
2251
E
24
23
NAPLES - IMMOKALEE RD. (C.R. 846
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Agenda Item No. Be
October 24, 2006
Page 267 of 273
NAPLES DAILY NEWS BPPUD
EXHIBIT D
DEVIATIONS
A. A deviation from LDC, Section 4.06.02.C.5 requirement to construct a
twenty-five foot (25') wide landscape buffer along Immokalee Road to
provide a twenty-five foot (25') wide landscape buffer, without a six foot (6')
high wall, berm or wall and berm combination.
The deviation from the requirement to provide a 6' high wall or berm within
the 25' wide buffer is justified given the limited uses proposed in the
Business Park and the project's location adjacent to an industrial park and
retail center. Providing a landscaped buffer will be more consistent with the
landscaping treatment along this corridor of Immokalee Road.
The project will be designed in compliance with the County's Architectural
Standards and compliance with these standards does not warrant the
creation of an opaque buffer treatment
B. A deviation from LDC Section 4.02.13.G and Section 4.06.02.C.5, which
requires a business park to provide a 25' wide landscape buffer around the
entire boundary of a business park, to permit the following buffers:
1. East - 25' wide buffer adjacent Creekside Commerce Park,
without a wall or berm.
2. West - 25' wide buffer adjacent to Granada Shoppes PUD,
without a wall or berm.
3. South - the 25' wide existing buffer and berm adjacent to the
Pelican Marsh PUD shall be maintained for that portion of the
Naples Daily News BPPUD located west and south of the
existing berm and designated as open space, preserve, or
lake area and supplemental plantings shall be consistent with
Section 2.9.0.
The deviations from the required 25' wide buffer with a 6' high berm or wall
are justified given the locations of the proposed Naples Daily News BPPUD,
adjacent to the developed industrial uses of Creekside Commerce Park
PUD and the existing retail shopping center, Granada Shoppes PUD.
These projects are non-residential uses and have existing buffers in place.
An existing berm and landscape buffer exists along a majority of the
project's southern boundary, which meets the intent of the buffers required
for a business park. That portion of the Naples Daily News BPPUD which is
designated as preserve and open space abuts adjacent Pelican Marsh PUD
NDNBPPUD - EXH D Deviations.doc
Agenda Item No. se
October 24, 2006
Page 26B of 273
tracts having similar open space uses, which do not warrant the strict 25'
wide buffer with opacity to 6' in height for areas limited to open space and
preserve uses. The proposed alternative buffers will provide appropriate
buffering between the proposed light industrial uses and the existing
adjacent industrial and retail uses.
C. A deviation from LDC Section 4.06.02.A.3, Buffer Requirements.
A request to permit required landscape buffers and signs within recorded
water and wastewater easements consistent with grant of easement
restrictions as recorded in O.R. Book 2712, Pages 0624 - 0626, and O.R.
Book 2712, Pages 0610 - 0612.
This deviation is warranted due to the previously granted easements to
Collier County which permit landscaping within recorded easements, subject
to limitations found within the recorded easement agreements. Copies of
the recorded easements have been attached for reference.
NDNBPPUD - EXH D Deviations.doc
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ENGINEERING
Agenda Item No, 8e
October 24,2006
$ t Nl?@QlE!lW1 of 27
TO:
Wayne Arnold
~'
Chris Hagal~-.
DATE: July 19,2006
Naples Daily News Business Park -
RE: Water Management
FROM:
This memorandum is submitted as a follow-up to correct and clarify the proposed water man-
agement system for the referenced project. In particular, there is some confusion as to how the
interconnection between the Pelican Marsh CDD water management lake (Lake 43) and the rest
of the Naples Daily News Business Park drainage works. Lake 43 is totally isolated from the
rest of the water management system for the Pelican Marsh CDD. It is the intention of the
Naples Daily News Business Park water management system to utilize this isolated lake for stor-
age and attenuation of stann water during rainfall events. This isolated lake has a perimeter
berm that holds all the water on the site, This project is designed to have Lake 43 discharge back
through the Naples Daily News Business Park out to the north Naples canal.
The Naples Daily News Business Park system is not designed to discharge into the adjoining
wetland or anywhere within the Pelican Marsh water management system, Only during extreme
high water events (exceeding a 25- year storm) could this isolated system be overtopped and the
waters mixed. In that event, it is equally likely that water could flow from or into the Naples
Daily News water management system, These are independent water management systems and
confmnation of the separation will be documented as we proceed with final plan design, permit.
ting and construction of the project.
I apologize for any confusion regarding this, but these are two independent water management
systems currently, and will remain as such, throughout the designing, permitting, construction
and operation of the Naples Daily News Business Park,
Should YOll have any further comments or questions regarding this, please contact me,
Copy: Dave Borden
II: I f 00001200610 7! ')06 crill fa Wayne /lmold Napke.l. D(/i~J' Nell'j,dQC
2.350 Stanford COLlrt. N;irks, Florida 34112
(239) 434-0\1.3. Fax {219} 4H-9320
Agenda Item No. se
October 24, 2006
Page 272 of 273
I have received it. Thanks
From: Agan, Carol [mailto:CAgan@ralaw.com]
Sent: Friday, September 01,2006 10:48 AM
To: deruntzMichael
Cc: Anderson, Bruce; LDavidson@barroncollier.com
Subject: Naples Daily News - Noise Study
Noise study is being delivered to you this morning via eoastal eourier from Barron eollier
eompany, Please look for it and advise when you receive. Thank you,
10/02/2006 MON 11:01 PAX
Sap 2Sl 06 11 :46a
Agenda It~O~6~ ~t
Octobe~' ~~, 2006
Page 273 of 273
Mr. Mike DeRuntz
Principal Planner
CoUier County Community Development
2800 N. Horseshoe Drive
Naples, FL 34104
. .
September 22: 2006
Reference: Rezonlne Petition PUDz,,:ZOO5-AR-8833
Dear Mr. DeRuntz:
On June 9, 2006, Lany Fanner, on behalf of Collier's Reserve Association, advised you
that the Association had DO objection to the planned rezoning requested by Naples Daily
News. That letter was based on certain assurances from the developer regarding the
development, noise associated with the operation of the plant and traffic generated by its
operations. We have now learned that the plans that fonned the basis of our original
decision were changed without notice to us, in spite of assurances from the developer that
we would be notified of any changes to the plans originally shown to us. We withdraw
our letter of June 9 and advise you that Collier's Reserve is opposed to the planned
development.
Our understanding is that the noise generated from the plant and the traffic associated
with its round-the~clock operation exceeds appropriate levels for the area. We now
understand that to address noise issues raised by residents to the south of the planned
development, truck traffic "Will be directed north. to Immokalee Road. Any such traffic
bound for US 41 will, upon the widening of Immokalee RD~ be required to make a U-
turn at the traffic light at lromokalee Road and Collier's Reserve Drive, which is
immediately adjacent to Collier's Reserve. As we stated in our referenced letter, we have
long been concerned about the traffic directed to Immokalee Road from Cross Point
Drive. This added truck t:raffic will exacerbate that already bad situation. ~ ~
Should the County Commisbioners. vote to rehear the matter, Collier's Reserve
Association will request to be heard atthe hearing to voice oW' strong objections.
Very truly yours,
. #/;', i; ~_u
-tC;/ndf/-&~?<--"
Scott E. WoUaston
President
RECEIVED
f1('\T ti :-) &'~(":!in{~
...Iv I \.I /.. L,LHJO
---
OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on October 6,2010, to the
Golden Gate Beautification Advisory Committee.
CONSIDERATIONS: The Golden Gate Community Center Advisory Committee had 2
terms expire on October 6, 2006. This 5 member committee assists the Board of County
Commissioners by reviewing and making recommendations regarding the budget and operation
of the community center. Applicants must reside within the Golden Gate CommWlity Center
MSTU District. Terms are 2 years. A list of the current membership is included in the backup.
The terms for Barbara Segura and Richard Sims expired on October 6, 2006. A press release
was issued and resumes were received from the following 2 interested citizens:
APPLICANT
CATEGORY
mn ELECTOR AnV. COMM.
Resides within MSTU
Resides within MSTU
GG Beautification Adv Comm
GG Beautification Adv Comm
COMMITTEE RECOMMENDATION:
Barbara Segura - reappointment
Richard Sims - reappointment
,-
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members, and direct the COWlty Attorney to prepare
a resolution confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: OCTOBER 24, 2006
.-
Agenda Item No. 9A
October 24, 2006
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9A
Appointment of members to the Golden Gate Beautification Advisory Committee.
10124120069:0000 AM
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
BCC Office
101121200611:40:06 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/111200610:33 AM
Agenda Item No. 9A
October 24, 2006
Page 3 of 10
TO: Sue Filson, Executive Manager
Board of County Commissioners
FROM: Tessie Sillery, Operations Coordinator
DATE: October 5,2006
SUBJECT: Golden Gate Beautification MSTU
Recommendation to the Board for filling two vacant positions.
The Golden Gate Beautification MSTU has received and reviewed two applications by the prescribed
deadline for its two vacancies. Applicants were evaluated based on the potential contributions to the
Committee. The applicants meet the criteria required to be eligible for the committee and the applicants
reside in District 3 within the MSTU's District Boundary. Mrs. Barbara Segura has served in this
committee for the past 4 years and has only had 2 excused absences. Mr. Richard Sims has served in
this committee for the past 1 year and 6 months and has only had 1 excused absence.
The Committee recommends the following applicants for re-appointment to the vacant terms as
indicated below:
NAME
Barbara Segura
TYPE OF
APPOINTMENT
Re-Appointment
TERM
EXPIRES
10-06-2010
FIELD OF EXPERTlSElCATEGORY
Resident in Naples. - Currently a Landscape
Contractor.
Background: Bachelors Psychology/ Biology,
Real Estate Agent
Community Activities - Golden Gate
Beautification MSTIJ,
Transportation Services Division
Alt. Transportation Modes Department
Agenda Item No. 9A
October 24,2006
Page 4 of 10
Memo- Sue Filson
October 5, 2006
Subject: Golden Gate Beautification MSTU
Recommendation for two vacancies
Page 2
NAME
Richard Sims
TYPE OF
APPOINTMENT
Re-Appointment
TERM
EXPIRES
10 -06 -2010
FIELD OF EXPERTlSFJCA TEGORY
Resident in Naples 28 + years. Employed by
Johnson's Air Conditioning.
Background - State Certified Mechanical
Contractor, 12 years teaching apprenticeship
Trades at L WIT, assists with Ordinances for
Contractors and Trades People.
Community Activities - Chairman Golden Gate
Beautification MSTIJ, Golden Gate Civic
Association, C.B,IA.,
Please let me know you need any other infonnation
Transportation Services Division
Alt. Transportation Modes Department
Agenda Item No. 9A
October 24,2006
Page 5 of 10
(' Golden Gate Beautification Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Ginger Martin 455-1654 12/14/04 10/06/07 3 Years
5040 31st Avenue, S.W. 455-1654
Naples, FL 34116
E-Mail: XTRMOM@aoI.com
District: 3
CaJegory: Precinct 326
Ms. Barbara Segura 821-3601 12/17/02 10/06/06 4 Years /'
2343 41st Terrace, S.W. 348-8863
Naples. FL 34116
E-Mail:
District: 3
Category: Precinct 325
Mr. Richard Sims 597-4675 03/22/05 10/06/06 1.6 Years ,/"
5391 19th Place, S.W. 455-7062
C. Naples, FL 34116
E-Mail: jobnsonsaircondinC@earthlink.net
District: 3
Category: Precinct 323
Ms. Patricia Spencer 03/11/03 10/06/05 21/2 Year
540125th Place. S.W. 304-6886 09/27/05 10/06/09 4 Years
Naples, FL 34116
E-Mail:
District: 3
CaJegory: Precinct 326
Ms. Margaret Harris 262-1202 05/09/06 10/06/09 3 Years
2309 Hunter Boulevard 732-7349
Naples, FL 34116
E-Mail: scrapironlaw@yahoo.com
District: 3
Category: Precinct 323
~~----=
l_.
WedlJesday, May 10. 2006
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\
Agenda Item No. 9A
October 24, 2006
Page 6 of 10
Golden Gate Beautification Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 5 member committee was created by Ord. No. 87-78 to advise and recommend as to the
beautification and maintenance of landscape improvements within the road right of way as
described by ordinance boundaries. The committee shall prepare an itemized budget of the
amount of money required to carry out the business of the committee for the next fiscal year.
Amended on September 3, 1996, by Ord. No. 96-50 and 96-51. Precincts are 323, 324, 325,
326, 327. and part of 322.
Tenns are 4 years.
FL STAT 125.01
Staff: Uz DeLeon, Transportation Operations Coordinator: 417-6081
~::..~~.,,......,..~~~~~ T~~ltii'::::-;z'-;l.~~,J:~~~'~~~~_:':':"~
Wednesday, May 10,2006 Psge 2 oIl
Agenda Item No. 9A
October 24,2006
Page 7 of 10
MEMORANDUM
DATE: August 28, 2006
TO: Elections Office
~",:.r '
t ..'
,._'""\
FROM: Sue Filson, Executive Manager
Board of County Commissioners
E'i-/:!:"'::"': . ~ ,
RE: Voter Regis1ration - 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.
GO BEAUT ADVISORY COMMIITEE
COMMISSION DISTRICT
Barbara Segura
2343 41 st Terrace, S. W.
Naples, FL 34 I 16
3
3
Richard Sims
539119th Place, S.W.
Naples, FL 34116
Thank you for your help.
MEMORANDUM
Agenda Item No. 9A
October 24,2006
Page 8 of 10
DATE: August 28, 2006
TO: Tessie Sillery, Transportation Operations
FROM: Sue Filson, Executive Manager
Board of County Commissioners
RE: Golden Gate Beautification 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:
Barbara Segura
2343 41st Terrace, S.W.
Naples, FL 34116
Richard Sims
5391 19th Place, S.W.
Naples, FL 34116
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 eategorize the applicants in areas of expertise. If you have any questions, please call me
at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 9A
October 24, 2006
Page 9 of 10
Application for Advisory Committees/Boards
Name: Barbara Segura
Home PhoDe: 239-821-3601
Home Address: 2343 41 St TelTllce SW
Zip Code: 34116
Fax No. 239-348-9065 BusiDess PIIoDe: 239-348-8863
e--Bl8n address: seguraSl5@es.eom
Place of EmploymeDt:
LaDdscape CODtnctor
Board or Committee Applied for:GG MSTU
Category (if applicable):
En.pIe: Comllliaio. DiItriet, Developer, eamva_1aIiIt, Illy pet'lIN. ete.
How IoDg have you lived iD CoDier County: Yean MOIldu
Are you a registered voter inCoUier County: Yes X No
Do YOII eurreDtIy bold pub6e 01Jiee? Yes No X
If so, wbat is that office?
Have you ever been convicted of any offense against the Law?
If yes, explain:
Yes
No X
Do you now serve, or bave you ever served, OD a Collier CHiit)' bcNInI or eHI.ittee? v. X No
If yes, plase list the committeeslboards: GG MSTU
Please list your commuDity aetivitia (civic: dubs, Deigllborhood assoc.doas, de. aDd positioDS beld:
GG MSTU
Education: BS Psyebology I Biology, Real Estate AgeDt
ExperieDce:
I have served on the GGMSTU for 4 yean aDd would like to continue.
We have projects that I am keeDIy illterested iD seeiDg to completion.
I believe my experience in tile IaDdseaping iIIdastry is of some beaeftt to tile coDUDittee.
PIase.....a "IV' .I~ ifili up. uAidM ~f<<I ~ 17IiI """";"'/HI"" kliN _wIN", S. FIINfI, ~ MtI1fII{tD' to
tile &.d olORurty Ca.! .. IIeIS, 3!J(Jl EGI T......, TrfIil, NIIpIG, FL 341U qytlll.... pleaeftaJ1fJllF ~ 10
(239) 774-3602 or ~-IMlI tD suerdsoftiiJt:f)llierl!OI'.net 111/11II; YfJfIlor ~ tD ,_ tile dtJzm.f ofOllller CoIm(F.
"""",'"',.....'_"""'....,,,,~"";,,.~.,_..."'""""L_""'ii.._"."~;...,,,;,."""'!i,.:;.""""""..,,.....,
-.
Agenda Ite~ -Jo. 9A
October 24,2006
Page 10 of 10
-
Board of County Commissioners
3301 East Tamlami Trail
Nllples, FL 34112
(239) 774.8097
Fax: (239) 774-3601
Application for Advisory Committees/Boards
Name:_~(~A-.p--{) ~llAA. ~ HumePhone:Z34'l-J..f6'D-7~z.
Home Address: ? ~-==c I lG..,..., i=L. &1 ZJp Code: 31-/ Il~
Fax No. ~r511.'6"8'GoBllSiness Phone:z,.-&~rc,1.~"'6' e-mail address:
Pl.c:e ot" Employment: "1olo\\,JwJ ~ A., ~r~~.\.""lOlo.1l~
Board or Committee Applied for: I":... ...~~ C~, ~~-Cu
Category (ifapplicable): H~"" V ekC'e:. P A.-i' e.E..
LJ.8mple: Commlislon Dl$tritt, Developer, eo"il'OlllMntalfcl, lay penon, de.
~~lJC,
eo. """">e . ~'C'
. '---R-E.C-E;\!E 0
How long have you lived in Collier County: Years "Zcg Months
Are you a re2istered voter in Collier COUI1t).~ No
Do you currently hold public office? Yes e)
If so, what is that omct? _.
AI''''
t)t)
': ;';':iJ6
Boan:J ;..11' ~~.:t:.J:;~. ~f.m:'ld's~'urIBr.:-j.
J
Have you ever bee. couvicted of auy uffense against tbe l.aw'!
If yes. ex plain:
Do you DOW nl'\'e. or have yoa ever serve~ Collier COUDty board .r C'ommltl€L-- No
If yes, please list the wmml1teeS/bOlIrds: ...oS'- J ~~ y-\ S"I" u
Yes
@
Please list your comnlunity activities (civic clu~ Uei&bborhOUd~ations, etc. aDd positions
beld: ~f".L\~"'CE:C1...h.C~ D..~c;ac~"f'O""\.I.. C.6_ .
Education: ~~ ~.o L-
Experience:~~ ~r::;.~""c:-,~U\Fc:..I~\c.Aot., (L:JL..JTf!AC1t"pa2 ) 12..~
~~~O~I~~:\~;~~~ ~~ ~~~ b.~J:.P-
Pld.." .""eI< ...y .44ilhJfl>ll"J-II/;"" J1UfIf"'I"'"i"'III. TltIs appIlclltlD".iMnIIII In IO"'.t~ 16 $"" FII_. ~,;u 11I__:"'"
1M BDlm O[COUIIIY COIll,.iuiolW'S, 33Ql l;uI1"",._1 frill, N.plts, FL 14111 If YD. I9iJh, pWtue fIX )'fIUt lIJI(Ili~" ID
(U9) i74-3602 1M' "..uil 10 swJ/I..(Nt(i',(ml1ilttrlOJ; It"- TStIlIfA .WJufot 'HI'mtl~r,;"t 10 - 1M elllu/ls of Ctllt~ c......ty,
-..,
7 ., ..., - 3lPO 'Z-
,-
OBJECTIVE: To appoint 2 members 1 representing the At-Large Category and 1 representing
Commission District 3 to 3 year terms, expiring on August 31, 2009, to the Emergency Medical
Services Advisory Council, and to confirm 1 member representing Physicians Regional Medical
Center and 1 member representing the Collier County Sheriffs Department
CONSIDERATIONS: The Emergency Medical Services Advisory Council had 2 terms
expire on August 31,2006, representing an At-Large member and a member from Commission
District 3. This 14 member council advises the Board of County Commissioners on all aspects
of emergency medical services, including the operational budget, level of service and equipment.
Terms are 3 years. A list of the current membership is included in the backup.
The terms for Heather Rockcast1e (At-Large) and Michael C. Bridges (Commission District 3)
expired on August 31, 2006. A press release was issued and resumes were received from the
following 6 interested citizens:
APPLICANT
CATEGORY
mg ELECTOR ADV. COMM.
--
Herbert H. Herman Commission District 3 3 Yes None
John C. Valenti Commission District 3 3 Yes None
Denver Stone Commission District 2 2 Yes None
Frank Dean Messana Commission District 2 2 Yes None
R. Wayne Mullican Commission District 4 4 Yes None
Douglas Lee Commission District 4 4 Yes None
COMMITTEE RECOMMENDATION:
Dr. Douglas Lee: At-Large
John C. Valenti: Commission District 3
Physicians Regional Medical Center confirmation: Dr. Jeff Panozzo, expiring August 31,2009
Collier County Sheriff s Department: Commander Bill Rule, expiring August 31, 2008
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members, confirm I member, and direct the County
Attorney to prepare a resolution confirming the appointments.
Prepared By: Sue Filson, Executive Manager'
Board of County Commissioners
Agenda Date: OCTOBER 24, 2006
.-'
Agenda Item No. 96
October 24, 2006
Page 2 of 26
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Ilem Number:
Ilem Summary:
Meellng Dale:
96
Appointment of members to Ihe Emergency Medical Services Advisory Council.
10/24120069.00.00 AM
Prepared By
Sue Filson
E)(&cutive Manager to the Bee
Date
Board of County
Commissioners
BCC Office
10/121200611:40:06 AM
Approyed By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/11/20061 :31 PM
MEMORANDUM
Agenda Item No. 98
October 24,2006
Page 3 of 26
DATE:
August 28, 2006
TO:
Jeff Page, EMS Director ~
Sue Filson, Executive Manager .
Board of County Commissione I
FROM:
RE:
EMSAC
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:
Herbert H. Herman
5881 Golden Gate Parkway
Naples, FL 34116
John C. Valenti
1180 Camelot Circle
Naples, FL 34119
Denver Stone
6360 Pelican Bay Boulevard, PH5C
Naples, FL 34108
Frank Dean Messana
13093 Castle Harbour Drive, #L6
Naples, FL 34110
R. Wayne Mullican
2278 Silver Palm Place
Naples, FL 34105
Douglas S. Lee
2614 Tamiami Trail #225
Naples, FL 34103
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 swnmary for the Board's
consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
"."'""-.....-<<;1_~~i"'<iiI'.._(:Ir'_......'_'.',,_,.,"'.,,";_.',..
Agenda Item No, 98
October 24,2006
Please categorize the applieants in areas of expertise. If you have any questions, pleascPam th~f 26
at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
.
.
.
filson_s
Page 10f2
Agenda Item No. 98
October 24, 2006
Page 5 of 26
From: advisoryboards@colliergov.net
Sent: Saturday, August 19, 2006 1:34 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
August 19, 2006
Application for Advisory Committees I Boards
Name: Herbert H. Herman Home Phone: 239-304-0191
Home Address: 5881 Golden Gate Pkwy
City: Naples Zip Code: 34116
:~. ~t~.~~_~
. ~ 7~
. .i
.: '. - f ~: 1 ./
Fax Number: 239-304-0191 Business Phone: 239-398-3935
Email Address:naplesherbert@earthlink.net
Place of Employment: Home, 5881 Golden Gate Pkwy
How long have you lived in Collier County? 5-10 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Emergency medical Services
Advisory Council
Category: (if applicable) Social Service Administration
Do you currently hold public office? No
Do you now serve, or have you served on a No
Collier County board or committee?
8/21/2006
.
-.J
.-,
Please list your community activities:
Veritas Masonic Lodge Bible study group Unitarian
Church
Education:
Master of Arts, Education Certified Social Worker, State of
Illinois
Experience I Background:
Director of Social Services, including emergency medical
services in Regina, Saskatchew, Canada 1962-1965
REGIONAL MANAGER, Department of Alcoholism &
Substance Abuse, State of Illinois. Planning and
developing detox programs for substance abusers 1874-
1993; Professor of Counseling, Montay College, Illinois
Adjunct professor, Moraine valley College, Pallos Hillis,
Illinois. Directed Field Services in recovery clinics
8/21/2006
Page 2 of2
Agenda Item No. 9B
October 24,2006
Page 6 of 26
.
.
.
fitson_s
Page 1 of2
Agenda Item No. 98
October 24, 2006
Page 7 of 26
From: advisoryboards@colliergov.net
Sent: Thursday, August 17, 2006 11:01 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) n4-3602
Fax: (239) n 4-3602
August 17, 2006
Application for Advisory Committees I Boards
Name: John C. Valenti Home Phone: 239-348-7193
Home Address: 1180 Camelot Cir
City: Naples Zip Code: 34119
,~~
~r;'
Fax Number: 239-435-3165 Business Phone: 239-435-0205
I
,,~
Email Address:jcvalenti1@aol.com
Place of Employment: Wachovia Bank
How long have you lived in Collier County? 10-15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Emergency Medical Services
Advisory Council
Category: (if applicable) District 3
Do you currently hold public office? No
Do you now serve, or have you served on a No
Collier County board or committee?
8/18/2006
..,.,".",,,,,,;'''~''N'.''"''''"'''''''''''''''''''__''4\11OilO.'''_ii,<hi>llW<_lOj;li,,i,',",,..0<,';:-1'''''''';'
(
Please list your community activities:
Volunteer Neighborhood Health Clinic Volunteer United
Way Budget Review Volunteer March of Dimes
Paige 2 of 2
Agenda Item No, 98
October 24,2006
Page 8 of 26
.
Education:
SA Syracuse University 1987 Certified Real Estate
Appraiser Series 7 securities license State of Florida
Insurance license
Experience I Background:
Purchasing Agent with City of Syracuse 2 yrs, responsible
for purchasing supplies for City Police and Fire dept.
Deputy City Clerk for City of Syracuse, responsible for
legislative requests and intermediary between City Council
and City Departments, including Fire & Police
Departments. Also have prepared department budget as
Deputy City Clerk and branch budget at Fifth Third Bank.
Have wot1<ed closely, in an advisory capacity, with City of
Syracuse Emergency Services on budget and equipment
purchases.
..J
~
8/18/2006
Board of County Commissioners
3301 East Tamiami ~ C E IVE D
Naples, FL 34112
(239) 774-8097 AUG f 6 2006 I
Fax: (239) 774-3602 \:
BOrlrd of County Commission
Agenda Item No. 98
October 24, 2006
Page 9 of 26
. ..--.-,
.
Application for Advisory Committees/Boards
Name: ~ Q')'\.tr-eJu S-fo IJB- Home Phone: "2~9 7Xtf P'l-~
Home Address: '" ?J.tJ) p.. g.c..L..... ~ :::/f:/.:;5C. 'ZAp Cod.: '3 'fl"~
FuNo. ,N" l A BusinessPhone:~__ __ e-mail address: ~3~.k.J:[-
Place of ~~ployment: N I A -. .12~ \. r..e-.d.
Board orCom_AppUed for: ~ M...J;.J~ ~ ~
Category (if applicable): (V~.N\.( w..A ~ :p Ld.Jw;J.
Example: Commission District, Developer, environmentalist, lay penon, etc.
How long have you lived in Collier County: Years
~
Months ?
Are you a registered voter in Collier County: Yes ')0 No
--
Do you currently hold public office? Yes
If so, what is that office?
No
/C
Have you ever been convicted of any offense against the Law?
If yes, explain:
Yes
No l')tf
Do you now serve, or have you ever served, on a Collier County board or committee? Yes ~ No ~
HY~~:;r~~~~~~
~
Education: 8s.?-.~( Hts,. IE~~' P/{J:; 1:3'0 ~~?-ul-~".ul(Pil)f3I.t~~~
h.
.
Please attIIch any tUldiliotud informfllion you feel pertinent. This tzpplicfllion should be forwarded to Sue Filson. Executive Manager to
the Board of County Commissioners, 3301 EtlSt Tllmiami Trail, Naples, FL 34112. If you wish, please f/VC your tzppliclltion to
(239) 774-3602 or e-mail tosuefilsonlaJ.co/Jiereov.net. Thank you for volunteering to serve the citizens ofCo/li.er County.
filson_s
Page 1 of2
Agenda Item No. 98
October 24, 2006
Page 10 of 26
(
From: advisoryboards@colliergov.net
Sent: Tuesday, July 11, 200612:17 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
Co1ftt. CoH1tty
---------
Board of County Commissioners
3301 East Tamiaml Trail
Naples, FL 34112
Tel: (239) 774.3602
Fax: (239) 77~602
,,_ ~~I "..1
.___'~~ I
r.
.,..... ';
. '. '7
. .
~
. ,.. . .,
.~ '. - j!..: ~ ./
July 11, 2006
Application for Advisory Committees I Boards
Name: Frank Dean Messana, Home Phone: 239-594-0301
._~...__.__., ..._~.,. ... _H,_n. ._....' -..-._..____, ....-.--."..- ,"-.-
. -_.~._. ... -,-< ..__.'.~.~,..'."-_.'._-_.. .--,---.---. -~_......,--_._,.. ._....~..."
Home Address: ;13093 Castle Harbour Drive # L 6.
.."_."...._.__,.___.,,._.___.._n_____n_. ._.__._.' -_.~ -,'"'''-''' ,....,... "..... .........- .,. .....-.---.- ~.._""_.-.
-- --,,-_.,,'-'-..- .-..--.--..... --~
City: _~_ap!~~; Zip Code: ;~~_1_~_QJ
\
Fax Number: :_N_?__i~:!~~~tlo~~p~?~~~~~~j Business Phone:?~~~f~t~Tj~~.
Email Address:.Catfish71@aol.com!
. ."_ ___ ..... . __ __.___..._______.._____.. .._J
..__...._.. .,', .u.__..~....._.__..__ ~~..'~' .. ..... .-.....,.
Place of Employment: ~~_c:>._ ~~_!~r.!.l_~ti_~~1?~~y!~~~:J
_.._._________-___. ....... 4______', _..---' _..~_..-.....
How long have you lived in Collier County?_~~_r~.~~~'
Have you ever been convicted of any offense against the law? 'No'
._.n__'"
Are you a registered voter in Collier County? :--X~!,
Board I Committee Applied for: Emergency Medical Services Advisory
. Council
. '''_ _.. ._.~.' ." . "r_~ .,__._._ _._'_ ..__..........._ _ _,'_' ,._. _._......_. ~ _____.".~.__'~H.~...... ,-- . --".. . -.
Category: (if applicable) ~!~!~e"-.~t_I_~~J1~_;
.t....
Do you currently hold public office? 'No.
Do you now serve, or have you served on a No'
Collier County board or committee?
7/19/2006
(.:-.-,
. .
l_.
(-.
7/19/2006
Please list your community activities:
.__......-- ....._.__."-~....._. '.- .'. "', ..... '.-. -.-
As a North Naples resident I have participated in beach
clean - ups and I also have participated in many walks for
cancer and MDA. I also follow the County meetings on
closed circuit TV. My wife is extremely active in the
Naples Junior women's club. I have helped with various
fund raisers. I would like to become more active in public
. service.
Page 2 of2
Agenda Item No. 98
October 24, 2006
Page 11 of 26
Education:
-~-'. .._-......_. e"._.' _',. .. . .....__.. _"
Currently attending Keiser College for Associate in
Science Degree. Will continue to pursue Bachelor's
degree in Public Administration in the spring. Licensed
Real Estate agent, Obtained a Florida State EMT license
in 1996.
Experience I Background:
,L',~_ .~.___~_._._.~_~___ '.~.__..._., '_ ._,_. _ ,__... _ ._. _.. .___.~ .
As a North Naples resident I have served on various
'committees and boards. I have been part of an Ad-hoc
insurance committee in reference to Risk management,
;heatlh insurance, explored options of self insurance vs. I
fully insured plans etc. I have also been a trustee on a 175:
pension board located in Collier County as a sworn
member. I am a driven and well rounded individual that
has the abifity to bring a vast amount of knowledge to this '
. committe I am seeking a seat on.
" - ___..'~.._.__~o._~_~__ "'_~"__"'.~ _._ ~_.... . ...____._...__._._ _
Agenda Item No. 98
October 24, 2006
Page 12 of 26
R. Wayne Mullican
2278 Silver Palm Place
Naples, FL 34105
RECE/V€'D
JUN 1 3 2006
BoarcJ of County Co
TIlltlfsSion
&rs
(
June 10, 2006
Sue Filson, Executive Manager
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Dear Sue:
Attached is my application for serving on the Emergency Medical Services AdviSOfY Council as well as
a Biography.
I am applying for this position based on my 36 years experience as a business executive, my 15 years
experience as a Trustee for a major medical center in Richmond, VA and my recent experience with
the NCH Healthcare System.
\,
You pointed out in an E-mail to me that the Commissioners prefer candidates who reside here year
round. While I am a permanent resident of Collier County and vote in Collier County, I do not reside
here from mid June until mid October.
Thank you for your help with this application.
Sincerely,
R. Wayne Mullican
......-..
(-
.... .
~-
~~
.~-::-:.
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 98
October 24, 2006
~ge 13 of 26
~~]~.~
M:~~JUu
'Opt
Boai'd ofC
Ollnty C
Otnmlss'
loners
Application for Advisory CommitteeslBoards
Name: R, ~v'a.:;" ~ /VI l1 L L I 'c d ~ Home Phone:~f -..:J 3.5 -co 3'!i
Home Address: ~ 2.. 78 S; L rI~Y' RJ , ~ PLd{>~, /r4,?J.-I'r Zip Code: "3 0/./ t/ 5
2. "$'1 _ //.. ,
Fax No.f,435 - coY ~ Bnsiness Phone: IV/,f e-mail address: "'yW-""l{LLn:..an tftJ:;;,~.(.Cc7~
Business: I( ofli;'.e/
Board or Committee Applied for: E""'~o/j<""1(t.j N-eJ,t;jh 5,;yvlc.!~ 4:t'fh~PY"\] (p6.{)14'.4
Category (if applicable):
Enmple: Commission District. Developer, enviroamcntlUst.lay person, ere.
Are you a registered voter in Collier County: Yes
v
No
Do you currently hold public office? Yes
If so, what is tbat office?
No
~
(~
Do YOll DOW serve, or have YOD ever served, on a Collier ConDty board or committee? Yes
If yes, please list tbe committees/boards:
No ~
,
,.
ff
,
Education: 8,>: f 1r 13~/"'1I'Ffr.(.:frJ.11 c- Jflol'M/;' IPI-Y1I.,J;~" - ~t,vrct';1 ,.. ~YL(1:a~
t/
( .-
w:;
01-
r 'd Vi
S~... a ;;' ,&"",.. .JtfJ"'~-f~.j C'tV~.""lrZ'"~ /.., :{cp~,
Please attach any additional btfol7tUllion you feel pertinent. This applicaJion should be forwwtled tQ Sue Filson, Executive Manager
tQ tire Board of County Commissioners, 3301 Eos1 Tamimni Trail, Naples, FL 34112. If yO" wWI, please fax your app1i.cation tQ
(239) 774..,3602 or tHnail to suefilson(ii)collkrl!ov.net Thank you for voborteering to serve the citizens of Co~r County.
~
~'JII;~''r'lI1__ ''W'Il' In IIlil
illIU.ilalllllllli\illll!~~""l<lI,",~,,,,.,>,,.;,,o;,;".'i;'>i1<w..\i"",,"'lr...,,""'IM,\""'''''''l;,";_;'".,i;,.;,
Agenda Item No, 9B
October 24, 2006
Page 14 of 26
BIOGRAPHY
R. Wayne Mullican
2278 Silver Palm Place
Naples, Florida 34105
239 435-0085
Wayne Mullican was born and raised in Frederick, Maryland where he attended
public schools and then enroUed in the University of Maryland. He graduated from
Maryland in 1961 with a BS degree in Business and Public Administration. He
received his officer's commission in the United States Air Force and served for four
years.
In 1965 he joined the Westvaco Corporation in New York City in a sales and
marketing capacity. He was transferred to Richmond, Virginia where he held sales
and sales management positions in paperboard packaging. In 1985, he co-founded
Gravure Packaging in Richmond, which was a startup company specializing in
gravure printing of paperboard packaging for the food, and tobacco industries. He
was named Executive Vice President and COO. In 1989 he was elected Chairman of
the Board.
(
In 1996 Wayne and his partners sold their business, which had grown from zero sales
to $55 million in 10 years. The acquiring company was ACX Technologies
headquartered in Golden, Colorado. He was appointed Vice President of Sales and
Marketing for their Graphic Packaging Division in Wayne, Pennsylvania. With
revenues of $350 million in 1996, Graphic Packaging was spun off from ACX
Technologies and listed on the New York Stock Exchange. Wayne was elected Sr.
Vice President of Sales and Marketing in 1998 and served on the acquisition team to
grow the business to sales exceeding one billion dollars by 1999. Today Graphic
Packaging International is the largest printer of paperboard packaging in the United
States. .
He retired in 2001 and now resides with his wife Susan in Naples, Florida during the
winter months and Richmond, Virginia during the summer. He has two daughters
and three grandchildren residing in Annapolis, Maryland.
During his 41 years of residence in Richmond, Wayne was active in community
affairs. He was president of the Salisbury Country Club, Chairman of the Henrico
County Business Council, Founder and Chairman of the Richmond Plant Managers
Association, served on the Board of Directors for the Greater Richmond Chamber of
Commerce for five years, and continues to serve on the Board of Directors of the
CJW Medical Center and the Foundation Board of the Virginia War Memorial.
Agenda Item No. 98
October 24,2006
Page 15 of 26
(
In Naples, Florida he has become involved in many civic activities and is a graduate of
Greater Naples Leadership Class IX. He has presented business cases to the
Chamber of Commerce's Leadership Institute, he is a founding member of the Board
of Trustees of the Leadership Collier Foundation's Civic Information Center, Board
member of the National Council for International Visitors in Collier County, and sits
on the Professional Capabilities Committee and Marketing Committee for NCH
Healthcare System's two hospitals in Collier County. He and his wife are members of
Grey Oaks Country Club.
C~~
(.
"<"''''-''''''-'-~~'''--~"""...>,.."",,,,,.'-,..,-..",,"...,
filson_s
Agenda Item No. 98
October 24, 2006
Page 16 of 26
From: advisOryboards@coIliergov.net
Sent: Tuesday, July 11, 2006 9:56 AM
To: fi\son_s
Subject: New On-line Advisory Board Application Submitted.
cOil~T CoUt'lty
.~", ,,-.;, ". .:......'\,. ,."'~..'''.~...-._~,..''...,'.'v.........-<' ,.".,..~ '-'
Board of County Commissioners
3301 East Tamlaml Trail
Naples, FL 34112
Tel: (239) 774-3802
Fax: (239) 77......2
July 11, 2006
Application for Advisory Committees I Boards
Name: Douglas S. Lee Home Phone: 23~262-3644
Home Address: 2614 Tamiami Trail #225
City: Naples Zip Code: 34103
~t~1 i..\
~..... .~ " ..."
. . ..
.~.. . ,t I ~ !
Fax Number. No information provided. Business Phone: 646-391-5600
Emall Address:duglee@hotmail.com
. . . -
Place of Employment: Naples CommlJrVty H~r>ital
How long have you lived in Collier County? 1-2 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Emergency Medical Services Advisory
Council
Category: (if applicable) No infonnation provided.
Do you cunently hold public office? No
Do you now serve, or have you served on a No
Collier County board or committBe?
7/1912006
7/19/2006
Pie_ list your community activities:
No information provided.
Agenda Item No. 98
October 24, 2006
Page 17 of 26
Education:
Emergency Medicine Residency 2000-2003, Mount Sinai
Medical Center, New YorX, NY. Emergency Medicine
Internship 1999-2000, Sl Luke's-Roosevelt Hospital
Center, New York, NY M.D. 1999. UMDNJ-New Jersey
Medical_School ~A 1995'.lJl1~~ of Pennsylvania
Experience I Background:
Emergency physician currently wor1dng in the Emergency
Departments of Naples Community Hospital and North
Collier Hospital. Significant experience working with
paramed~cs in New York, New Jersey, and California
Agenda Item No. 98
October 24,2006
Page 18 of 26
658
COLLIER COUNTY EMS/FIRE
Bur.... d &nerg...cy S...,lcos ~=....
tll1!rqt>rl ,f';"tll d~j Vlt \
2705 Horseshoe Drive South. Naples, Florida 34104.239-774-8459 . FAX 239-775-4454
To: Sue Filson, Executive Manager BCC
From: Barbara Brown, Administrative Assistant
Date: September 29,2006
Ref: Emergency Medical Services Advisory Council
The Collier County EMSAC Committee, at the September 27,2006 meeting recommended for Dr.
Douglas Lee to fill the vacant at-large position. The committee based their decision on Dr. Lees
experience in the medical field working as a Doctor in the Emergency Department of Naples
Community and North Collier Hospital and also being a licensed EMT in the State of Florida. The
Council felt he would be beneficial to the position.
Mr. John C. Valenti was recommended for the District 3 vacant position. He has worked closely
in an advisory capacity with the City of Syracuse Emergency Services on budget and equipment
purchases which the Council felt could provide extra knowledge.
Mr. Herbert Herman also of District 3 was not as qualified as the other candidates.
Mr. Mullican is not a full time resident and lives in Richmond, Virginia during the summer. This
would be a hindrance to the Council and could prevent on occasions the Council from having a
quorum.
Mr. Denver Stone has been a member of the Council previously. His attendance was a problem
previously due to health concerns and the Council felt he was also less qualified.
The Council also felt Mr. Frank Messana was also less qualified.
We have also received a letter from GeoffMoebius, Physicians Regional Medical Center replacing
Dr. IeffPanozzo in place of Dr. Chris Hamann.
Please contact either Chief Page or me if you have any further questions.
Agenda Item No. 98
October 24,2006
Page 19 of 26
( Emergency Medical Services Advisory Council
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Jeffery Scott Allbritten 732-3733 12/13/05 08/31/08 3 Years
1945 Empress Ct. 596-5942
Naples, FL 34110
E-Mail: jallbrit@edison.edu
District: 2
Category: Commission District
Mr. John Cassio 253-5514 09/13/05 08/31/08 3 Years
1529 Buccaneer Ct. 642-8981
Marco Island, FL 34145
E-Mail: jcassio@gIadescountryclub.com
District: 1
Category: Commission District
Ms. Heather Rockcastle 10/10/00 08/31/03 3 Years V'
( 342 Pinehurst Circle 417-1192 09/1 0/03 08/31/06 3 Years
-, Naples, FL 34113
E-Mail:
District: 1
Category: At-Large
Mr. Johan Domenie 09112/06 08/31/09 3 Years
749 Bentwater Circle, #201 566-3179
Naples, FL 34108
E-Mail: johandomenie@aol.com
District: 2
Category: At-Large
Ms. Nancy C. Lascheid 261-6600 07/25/06 08/31/07 1 Year
4005 Gulfshore Blvd., N. #903 450-5526
Naples, FL 34103
E-Mail: nlascheid@aol.com
District: 4
Category: Commission District
C_. ~-G":.:-:~'~::-;;;';_":,,";'j;$::;'::'.~~' .I~~",:,o~. _ ;..:r41tf:>:.;~"lll:l:r;::_:;--,::,:r;;:~~7 .-:' -;:Gi;~~:/;-.;.::'C~.-:,'~-, ~ : _'~~_. ":';':,~~:;:~;:: <-::. .". _~:''7!.:'\ ::';:l'C:~ '" ~~~fC:~'':;:<:' '~:;~:.: ;'t:-.,~::, ':;':,.;:'-:',7..Z:';.:"::" :.: ,J
Thursday, September 14, 2006 Page 1 of"
r ""l __~r"""~llIl1l1l1l'llilr"II!IIi_' '""."t.:,_,~..,,,,,,..;,,,..,...,
<;;_~~~o&::-:::~~-..."'".:.~~':';.:i7'l.v;.r;~~.~;:);:ij:;::;':fJ;::~,~;'-~~,;'!':':7\''';'W"~;',::.:.: '-_-::o;g:~i:"<:.,_.".::;.--,t;..~::"::~_-:;:'.'~r.\e:-:.-"":".:r:..lr:.l';;,"~.~7~;~:":"~<'i-::!::!"J5lrd~'<'\':,~
Thursday, September 14, 2006 Page 2 of 4
Agenda Item No. 98
October 24, 2006
Page 21 of 26
(-
Emergency Medical Services Advisory Council
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Fire Chief Jim McEvoy 434-4610 09/24/02 08/31/05 3 Years
735 Eighth Street, South 09/13/05 08/31/08 3 Years
Naples, FL 34102
E-Mail:
District:
Category: City of Naples
Dr. Christopher Hamann 348-4000 07/25/06 08/31/09 3 Years V'
6101 Pine Ridge Road
Naples, FL 34119
E-Mail:
District:
Category: Physicians Regional Medical Center
Dr. Robert Tober 262-3131
P.O. Box 413029
(- Naples, FL 34101
E-Mail:
District:
Category: Ex-Officio Member
Chief Michael Murphy 389-5040 11/05/02 08/31/05 3 Years
1280 San Marco Road 09/13/05 08/31/08 3 Years
Marco Island, FL 34145
E-Mail:
District: 1
Category: Marco Island Police and Emergency Services
Chief Rob Potteiger 213-4900 11/05/02 08/31/05 3 Years
4798 Davis Boulevard 09113/05 08/31/08 3 Years
Naples, FL 34104
E-Mail:
District:
Category: Collier County Fire RescuelEMS
c
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Thursday, September 14, 2006 Page 3 of-4
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Agenda Item No. 9B
October 24,2006
Page 22 of 26
Emergency Medical Services Advisory Council
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 12 member committee was created by Orel, No. 80-80 to advise the Board of County
Commissioners on all aspects of emergency medical services in Collier County, including the
operational budget, level of service and equipment This committee also reviews complaints
and problems and recommends corrective action. Terms are 3 years. Orel Amended on
10/10/00 to add a representative from Cleveland Clinic (Orel. 2000-70) Amended by Orel. No.
2002-39 to increase membership from 12 to 14 to include City of Naples Fire Rescue/EMS and
Collier County Fire Chiefs Association, and to reduce ex-offlCio members from 3 to 1
FLSTAT
Staff: Jeff Page, Emergency Medical Services Director: 774-8459
~~i:.;.-::':i,;,:;-::,!:.n:::::~'~-s::'~~"'T'''':'..~':~::;:-, ~:.-1:':s.::'''~'~~'i(,~,~~~,:":~~,,-''7'7'".,''-:-.'i:~~:'';;..,,r.~~,;;.::-,b.'\.,::](i:!!"~:n~':'.c,?J~f.'!:~~";:~-:-~'-/~":::'~~' "~''f1.:.::'':-' -.:u.':r'~./.;;i.'-~
Thursday, September 14, 2006 Page 4 of 4
Agenda Item No. 98
October 24,2006
Page 23 of 26
MEMORANDUM
l~''''''' ".~.
. ~ '-
-)
DATE:
August 28, 2006
Elections Office ~
Sue Filson, Executive er ·
Board of County Commission
.". , -..1
iJOt.rr~'~ ~".: !.,' ." 1
',"' ~..~/d..:';';;
TO:
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
EMSAC
COMMISSION DISTRICT
Herbert H. Herman
5881 Golden Gate Parkway
Naples, FL 34116
3
3
cR
d
~
~
John c. Valenti
1180 Camelot Circle
Naples, FL 34119
Denver Stone
6360 Pelican Bay Boulevard, PH5C
Naples, FL 34108
Frank Dean Messana
13093 Castle Harbour Drive, #L6
Naples, FL 34110
Johan Domenie
749 Bentwater Circle. #201
Naples, FL 34108
R Wayne Mullican
2278 Silver Palm Place
Naples, FL 34105
00 \7 '\ (/"IS J-..e:::..-
.....
y
Thank you for your help.
PRMC emergency department representative
P~e 1 ofl
Agenda Item No. 98
October 24,2006
Page 24 of 26
filson_s
From: brown_b
Sent: Thursday, September 21,2006 8:10 AM
To: filson_s
Cc: HarrisMelissa
Subject: FW: PRMC emergency department representative
From: page.J
Sent: Thursday, September 21, 2006 7:37 AM
To: brown_b
Subject: FW: PRMC emergency department representative
FYI, Please pass on to Sue.
From: Moebius, Geoff [mailto:Geoff.Moeblus@pmc,hma.org]
Sent: Thursday, September 21, 2006 7:25 AM
To: page.J
Cc: Panozzo, Jeff D.O.; Hamann, Christopher M.D.
Subject: PRMC emergency department representative
Jeff,
Jeff Panozzo MD will be replacing Chris Hamann MD as representative of Physicians Regional Medical Center.
Dr Panozzo is the new medical director of the Emergency Department at PRMC. Any Questions you may have
please contact me at your convenience.
Regards,
Geoff
Geoffrey D. Moebius
Chief Executive Officer
Physicians Regional Medical Center
Naples, Florida 34119
2393484419
239 348 4439 fax
9/21/2006
filson_s
P~e toft
Agenda Item No. 98
October 24,2006
Page 25 of 26
From:
Sent:
To:
page.J
Friday, September 15, 2006 4:52 PM
filson_s
Subject: RE: EMSAC
I noticed that on Frank Messana's application he did not provide any information on his place of employment.
Frank is a North Naples Fire Lieutenant and it is my belief that he omitted that infonnation because there are
already three firefighters who serve on EMSAC, Chief Murphy, Chief McElvoy and Chief Pottegier,
From: filson_s
Sent: Friday, September 15, 2006 4:41 PM
To: page.j
Subject: RE: EMSAC
Here ya go. Have a nice weekend.
From: page.J
Sent: Friday, September 15, 2006 4:35 PM
To: filson_s
SUbject: RE: EMSAC
Sue I was just getting ready to send this out to the EMSAC members to review prior to the meeting and
discovered that this list has included in it Mr. Domenie who was just nominated and does not include Dr. Lee who
EM SAC did vote for. Can I get a copy of a PDF that includes him again?
From: filson_s
Sent: Monday, August 28,20069:10 AM
To: page.j
SUbject: EMSAC
Attached are the applications for the vacancies on the above-referenced committee. Please process and return
the recommendation to me. Thanks
PLEASE PROVIDE THIS INFORMATION TO YOUR BACKUP STAFF.
Sue J'ifson
'Executive :Manager, 'BCC
(239) 774-8097 phone
(239) 774-886sfax
suefilson@colliergov.net
9/15/2006
~beriff
Agenda Item No. 98
October 24,2006
Page 26 of 26
SHERIFF DON HUNTER . COLLIER COUNTY
3301 TamlamJ Trail East. Bldg. J. Naples. FL 34 112-4902
(239) 774-4434 www.coniersherifl.org
September 21, 2006
Received
OCTt3_
eMS Dept.
Jeff Page, Chief
Emergency Medical Services
. Collier County Government Complex, Bldg. H
Naples, Florida 34112
RE: Position change and EMS Advisory Council
Dear Chief Page,
This is to infonn you that Captain Albert Beatty has been re-assigned to a different
division within the Collier County Sheriff's Office. The Communications Division was
merged with several other bureaus and is now addressed as the Public Affairs &
Communication Services Division. The new director of this division is Stephanie Spell.
Another change that I would like to announce is that Commander Bill Rule was placed
under Director Stephanie Spell in the Public Affairs & Communications Services
Division.
Commander Bill Rule will be the agency's official representative for the EMSAC. Any
correspondence regarding his new duties on this council should be forwarded to him for
future participation.
Commander Bill Rule can be reached at the following below:
Office: (239) 793-9442 Fax: (239) 530-9644 email: commcmdr@colliersheriff.net
Director Stephanie Spell can be reached at the following below:
Office: (239) 793-9396 Fax: (239) 530-9644 email: pio@colliersheri:tI.net
'Tha duty of tha Colliar Counly Shariff's Office Is 10 preserve and protect III
the lives, property and constitutional guarantees of all persons." m
EXECUTIVE SUMMARY
Agenda Item No, ge
October 24, 2006
Page 10f 10
,.-_, ',: "'.: ','" _co' :, :,'::._. ' _,'. -,",,:",,". .,'._: .,,',
APPOINTMENT OF. MEMBER(S} TO THE qOLLIER COUNTY CODp ENFORCEMENT
BOARD
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on
February 14,2009, to the Collier County Code Enforcement Board.
CONSIDERATIONS: The Collier County Code Enforcement Board has 1 vacancy due to a
resignation with the term expiring on February 14,2009. This 7 member board, plus 2 alternate
members, is composed of, but not limited to, individuals representing the occupations of
architect, businessman, engineer, general contractor, subcontractor and Realtor and are
considered, in part, on the basis of experience or interest in the areas of the codes and ordinances
to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year
with the Supervisor of Elections. Terms are 3 years. A list of the current membership is
included in the backup.
Mr. David H. Cook (Alternate) resigned on august 29,2006. A press release was issued and 1
resume was received from the following interested citizen:
APPLICA..l~'T
CATEGORY
DlST ELECTOR ADV. COMM.
I Charles Martin
I Realtor
I~ Black Affairs Advisory Board
_. COMMITTEE RECOMMENDATION: Quasi Judicial Board - no recommendation
~SCALIMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the request for
appointment, appoint 1 member, and direct the County Attorney to prepare a resolution
confmning the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: OCTOBER 24, 2006
,-
Agenda Item No. 9C
October 24, 2006
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9C
I',ppOIntmenl of member to the Collier County Code Enforcement Board.
10/24/2006 9:00.00 AM
Prepared By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
BCC Office
101121200611:40:06 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10111/200610:43 AM
Agenda Item No. 9C
October 24, 2006
Page 3 of 10
MEMORANDUM
TO: Sue Filson, Executive Manager
Board of County Commissioners
FROM: Michelle Edwards Arnold, Director
Code Enforcement Department
DATE: October I 1,2006
SUBJECT: Collier COWlty Code Enforcement Board Appointments
A review of the application provided has been conducted and the sole applicant has been placed
in the applicable category based on areas of expertise.
Applicant
Charles Martin
Cafet!orv
Realtor
District
2
Should you have any further questions, please contact me at 403-2440.
""'-"""-"-"""""_'___~","""i.._,;,"m.,,,,,,,,.,,,;;,,,c,:,,"',",,,,',""""",,,,".,..,
Agenda Item No. 9C
October 24,2006
Page 4 of 10
r--- Collier County Code Enforcement Board - North
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Justin DeWitte 642-3000 04/26/05 02/14/07 2 Years
1060 Borghese Lane, # 11 02 784-3963
Naples, FL 34114
E-Mail: dewitte@mail.com
District: 1
Category: REGULAR -Business Professional
... ,J.
Mr. David H. Cook rfb'6't'< ~ 290-5786 02/14/06 02114/09 3 Years
4924 Rustic Oaks Circle Lb'1-~~ 40~917
Naples, FL 3410S
E-Mail: dave@alliedcook.com
District: 4
Category: AL TERNA TE-Construction
Mr. Richard Kraenbring 596-2315 10/26/04 02/14/06 4 months
1995 Tarpon Bay Drive North, #201 298-6215 04/26/05 02/24/08 3 Years
'-, Naples, FL 34119
\ E-Mail: rkaenbring@sw:Oa.rr.com
District: 3
Category: REGULAR - Construction
Ms. Sheri Barnett 591-2149 09/10/02 02/14/05 3 Years
1160 27th Street~ S.W. 455-4296 03/08/05 02/14/08 3 Years
Naples,FL 34117
E-Mail: scbarnettI@#earthlink.net
District: 5
Category: REGULAR - Financial Planning
Mr. Kenneth Kelly 435-0014 02/14/06 02/14/07 I Year
4260 16th Street, N.E. 354-2021
Naples, FL 34120
E-Mail: kenkellyroofing.com
District: 5
Category: ALTERNATE-Roofing Contractor
-
Wednesday, February 15, 2006
Pagel 0/3
Agenda Item No. ge
October 24, 2006
Page 5 of 10
roo Collier County Code Enforcement Board - North
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Jerry P. Morgan 04/26/05 02/14/07 2 Years
2350 Mont Claire Drive, #201 594-8204
Naples, FL 34109
E-Mail:
District: 2
Category: REGULAR - Construction
Mr. Gerald J. Lefebvre 597-8500 04/28/02 02114/03 1 Year
5389 Cove Circle 775-8604 01/24/06 02/14/09 3 Years
Naples, FL 34119
E-Mail:
District: 3
Category: REGULAR - Real Estate/Zoning
Mr. George P. Ponte 02/18/97 02/14/00 3 Years
565 Augusta Boulevard, Apt. 10 793-1370 01/24/06 02/14/09 3 Years
C Naples, FL 34113
E-Mail:
District: 1
Category: REGULAR - Retired CBS Employee
Mr. Larry Dean Mieszcak 06/28/05 02114/06 8mos
7280 Carducci Court 732-1713 01/24/06 02114/09 3 Years
Naples, FL 34114
E-Mail: L VM 1960@earthIink..n~t
District: 5
Category: REGULAR - Real Estate
(--j
-
Wednesday.. February 15,2006
- -
Pagelof3
.:.J...:...,J
- 1'A' IllIIlInM~~_I"AAi;tl_;N"~ll!I'"WI_)''"";.",,,,,*,,,,~",,,.,,,,._,.'''"'_'"''';'''''-^,,,.,..
r.
\.._-
Collier County Code Enforcement Board - North
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Agenda Item No. 9C
October 24,2006
Page 6 of 10
Term
2nd Term
This 7 member board was created pursuant to Chapter 162 of the FL Stat by Ordinance 88-89
and is composed of, but not limited to, individuals representing the occupations of architect,
businessman, engineer, general contractor, subcontractor and Realtor and are considered, in
part, on the basis of experience or interest in the areas of the codes and ordinances to be
enforced. Members are required to file a Fonn 1 Statement of Financial Interest each year with
the Supervisor of EI~ions. Terms are 3 years. This is a Quasi Judicial Board. Two alternate
members were approved by Ord. 96-78 on 12/3/96.
FL STAT 162
Staff: Michelle Arnold, Code Enforcement Director:: 403-2413
- ...
Wednesday, February 15, 2006
....,"..
-
PageS of3
Agenda Item No. ge
October 24,2006
Page 7 of 10
MEMORANDUM
DATE: October 6,2006
TO: Elections Office
FROM: Sue Filson, Executive Manager
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.
CODE ENFORCEMENT BOARD
4~
~
COMMISSION DISTRICT
Charles Martin
2222 Gulfshore Boulevard North
Naples, FL 34102 (J If') .Ji, Q :)
i
Thank: you for your help.
OCl 92006 fi(12.: 15
O.;..._"......""'lIlOO<J;/~~~"'".....IW.,;;'''',,;'''',',l-;,.....''';...,,,;,;..",.,,,..,"
MEMORANDUM
Agenda Item No, ge
October 24,2006
Page 8 of 10
DATE:
October 6, 2006
FROM:
Michelle Arnold, Code EnfO;Wrcem' tor
Sue Filson, Executive Manager j
Board of County Commission ;
TO:
RE:
Code Enforcement 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:
Charles Martin
2222 Gulfshore Boulevard North
Naples, FL 34102
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
P~e 1 of2
Agenda Item No, ge
October 24,2006
Page 9 of 10
From: advisoryboards@colliergov,net
Sent: Sunday, September 17, 2006 10:39 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamtami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
September 17. 2006
Application for Advisory Committees I Boards
Name: charles martin Home Phone: 239-262-7287
Home Address: 2222 Gulfshore Blvd North
City: naples Zip Code: 34102
.".~ ,,:t~,~fl.J
. . .
.~ '. . ". ~, ~ ./
Fax Number: 239-262-7289 Business Phone: 239-784-5498
Emait Address: realtyglobal@aol.com
Place of Employment: 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: code enforcement board
Category: (if applicable) No information provided.
Do you currently hold public office? No
Do you now serve, or have you served on a
Collier County board or committee?
If yes, please list the boards' committees:
Yes
9/18/2006
.
~
,
newly elected floodplain management
Please list your community activities:
MSI board of directors louisville kentucky 2002-2005
board of realtors...Sheriff dept 13 years..FEMA housing
inspector
Education:
Real estate Broker/realtor 32 years licensed
florida..Certified General Contractor Florida Iicensed...30
years experience..Formally major subdivision
developer Istrip cenersl commercial residential
industrial..BOARD certified mold remediation..certified
home inspector..certified eifs inspector..REGISTERED
home builder
Experience I Background:
resume see WVWV.masterpropertyconsultant.com in
1976-1979 was code enforcement officer for (federal)
urban renewal agency renovating 7 major neighbors code
enforcement for community development cabinet and city
of louisville includind neighborhood conservation
program..very aggressive code enforcement program to
upgrade the inner city development resulting in fines and
reinspection after compliance....CERTIFIED FEMA
INSPECTOR..
9/18/2006
Page 2of2
Agenda Item No. ge
October 24,2006
Page 10 of 10
EXECUTIVE SUMMARY
Agenda Item No. 90
Octobt:')r 24, 2006
Page<1of 11
,-
APPOINTMENT OF MEMBER(S)TO THE GOLDEN GATE ESTATESLANn TRUST
COMMITTEE
OBJECTIVE: To appoint 2 members to 4 year terms, expiring on October 13, 2010, to the
Golden Gate Estates Land Trust Committee.
CONSIDERATIONS: The Golden Gate Estates Land Trust Committee had 2 terms expire
on October 13,2006 for applicants residing in Golden Gate Estates Units 21-22,36-47, 52-53,
59-93 or those units located south of Alligator Alley. This 5 member committee serves in an
advisory capacity to the Board of County Commissioners for the pwpose of carrying out the
requirements, conditions and various provisions of an Agreement relating to the use of land, or
funds derived from the sale of land, conveyed to the County by Avatar Properties Inc. (flkla
GAC Properties Inc.). Applicants must reside within the subdivision known as "Golden Gate
Estates. II Member selection may depend upon location of residence within specific areas (phases)
of the Estates. Terms are 4 years. A list of the current membership is included in the backup.
The terms for Stephen B. Greenberg and Karen M. Acquard expired on October 13,2006. A
press release was issued and resumes were received from the following 2 interested citizens:
APPLICANT
CATEGORY
~ ELECTOR ADV. COMM.
--
Karen M. Acquard- Phase I 5 Yes GG Est. Land Trust Committee I
REAPPOINTMENT Animal Services Advisorv Bd,
Stephen B. Greenberg- Phase III 5 Yes GG Est. Land Trust Committee
REAPPOINTMENT
COMMITTEE RECOMMENDATION:
Karen M. Acquard - reappointment
Stephen B. Greenberg - reappointment
NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members
shall be limited to two consecutive terms of service on anyone Board. . ." Under (D) of the
same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth
in subsection (B) above may be waived". According to available records, Mr. Greenberg and
Ms. Acquard has served 2 or more terms on the Golden Gate Estates land Trust Committee.
Should the Board wish to re-appoint Mr. Greenberg and Ms. Acquard, the limitations on two
consecutive terms will need to be waived.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare
a resolution confirming the appointments.
~
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: OCTOBER 24, 2006
Agenda Item No. 90
October 24. 2006
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Dale:
9D
ApPOIntmenl of members to tne Golden Gate Estates Land Trust Committee.
10/24/2006900:00 AM
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
Bee Office
10/121200611:40:06 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Dale
County Manager's Office
10/121200610:12 AM
Agenda Item No. 90
October 24,2006
Page 3 of 11
Memorandum
To:
Sue Filson, Executive Manager
Board of County Commissioners
RECEIVED
OCT 1 t 2006
Board of County Commissioners
From: Jason Bires
Property Acquisition Specialist
Date: October 11, 2006
Subject: Golden Gate Estates Land Trust Committee
The Golden Gate Estates Land Trust Committee Members, at their September 25, 2006
meeting, unanimously recommended that the Board of County Commissioners accept
the application of Stephen Greenberg for membership to the Committee. Mr.
Greenberg resides within Golden Gate Estates, Unit 21, Tract 24 (Phase III). In the
past term, which dates back to 2002, Mr. Greenberg has accumulated a total of nine
absences. It should be noted that Mr. Greenberg's absences are a result of varying
shifts at his job with the Fire Department.
The Committee Members, at their September 25, 2006 meeting, unanimously
recommended that the Board of County Commissioners accept the application of Karen
Acquard for membership to the Committee. Ms. Acquard resides within Golden Gate
Estates, Unit 23, Tract 73 (Phase I). In the past term, which dates back to 2002, Ms.
Acquard has not had any absences.
Please present the Golden Gate Estates Land Trust Committee's recommendation to
the Board of County Commissioners at your earliest convenience.
Thank you.
Real Property Management Department
'"""""'.-""~""""~ll'''''W'''_'''''''''I'',''',",;;""_"~~,,",~;,,,-,,_,,..
Agenda Item No. 9D
October 24,2006
Page 4 of 11
(- Golden Gate Estates Land Trust Committee
Name Work Phone Appt'd Exp. Date Term
Home PI,one DateRe-appt 2ndE:>.pDate 2nd Term
Ms. Linda Hartman 274-5400 02108/05 10/13/07 2.8 Years
794 17th Street, N.W. 455-1739
Naples, FL 34120
E-Mail: lindamikeh@aol.com
District: 5
Category: Phase I
Mr. Stephen B. Greenberg 455--1204 10/11/94 10/13/98 4 Years ./
2780 8th Street, N.W. 455-0640 11/05/02 10/13/06 4 Years
Naples, FL 34120
E-Mail:
District: 5
Category: Phase III
Ms. Karen M. Acquard 03/1 0/98 10/1 3/98 8 months
441 24th Avenue, N.E. 455--8318 11/05102 10/13/06 4 Years v"
'c:::- Naples, FL 34120
E-Mail:
District: 5
Category: Phase I
Mr. Jeffi"ey Scott Curl . 261-4007 12116/03 10/13/05 2 Years
4010 8th Avenue, S.E. 3()4..()958 10/11/05 10/13/09 4 Years
Naples, FL 34117
E-Mail: jcort@gradymmer.com
District: 5
Category: Phase II
Mr. Charles Purcell VanGelder, IT 597..en4 10/10/95 10/13/99 4 Years
760 7th Street, S.W. 353-5713 10/14/03 10/13/07 4 Years
Naples, FL 34117
E-Mail: redlegnaucc@cs.com
District: 5
Category: Phase I
~..-
~- _!~
WednestUz)'.. October 12, 2005
.~_ ___...4 ~'"I'IO.~'1
Page 10/2
\~--
~
(
Agenda Item No. 90
October 24,2006
Page 5 of 11
Golden Gate Estates Land Trust Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 5 member committee was created by Ord. No. 87-48, amended by Ord. No. 87-98 and 94-
40 to carry out the requirements, conditions and various provisions of an Agreement relating to
the use of land, or funds derived from the sale of land, conveyed to the County by Avatar
Properties, Inc. (fldla GAC Properties, Inc.) Applicants must reside within the subdivision
known as "Golden Gate Estates." Members must reside within 1 of the 5 phases withIn the
Golden Gate Estates area. Terms are 4 years
FL STAT 125.01
Staff: Toni Matt, Supervisor, Real Property: n4-8991
,
~-- _...-"
Wednesday. October 12,2005
'""""
.......~~..-..-..-..E. ----, ~~~...7.~..:.~~~
Page 2 of2
.-",,', ---"__...~INJ~~~'"'fW1UIiI.-.Ii~!._<,""..""''''''''''''";'','''...~..."."0,"""""
Agenda Item No. 90
October 24,2006
Page 6 of 11
MEMORANDUM
FROM:
October 6, 2006
Elections Office 4,
Sue Filson, Executive Manager I
Board of County Commissioners
DATE:
TO:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
GO ESTATES LAND TRUST COMMIlTEh / COMMISSION DISTRICT
(jl?c;
Karen M. Acquard !J
41124th Avenue,N.E. ~
Naples, FL 34120 (j
Stephen B. Greenberg
2780 8th Street, N.W.
Naples, FL 34120
~
~
r
Thank you for your help.
oel 920061'\1.12: 15
-_.~-----_._-'--------------- ..
MEMORANDUM
Agenda Item No. 9D
October 24, 2006
Page 7 of 11
DATE:
October 6, 2006
TO:
Toni Mott, Real Property Man~em t ~artment
Sue Filson, Executive Manager
Board of County Commission
FROM:
RE:
Golden Gate Estates Land Trust 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:
Karen M. Acquard
411 24th Avenue, N.E.
Naples, FL 34120
Stephen B. Greenberg
2780 8th Street, N.W.
Naples, FL 34120
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 can me
at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
."""-'->'".'n'-';;''''''''''''_"~~~i~I!I>l''~'*;'';h'',",",__'"'*",""~",,.,"
Page 10f2
Agenda Item No. 90
October 24,2006
Page 8 of 11
filsoo_s
From: advisoryboards@colliergov,net
. Sent: Sunday, September 24, 2006 4:27 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
~...tll\1
........ , . "J
. .... -:7
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September 24, 2006
Application for Advisory Committees' Boards
Name: Karen M Acquard Home Phone: 239-455-8318
Home Address: 411 24th Ave NE
City: Naples Zip Code: 34120
~ Fax Number: No information provided. Business Phone: No information provided.
Email Address:LadiJ@att.net
Place of Employment: Retired
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Golden Gate Estates Land Trust Committee
Category: (if applicable) No information provided.
Do you currently hold public office? No
-1
Do you now serve, or have you served on a
Collier County board or committee?
If yes, please list the boards I committees:
Yes
9/25/2006
.
e
.
Golden Gate Estates land Trust 1998 to Present Collier
County Domestic Animal Services Advisory Committee
Golden Gate Masterplan Restudy Committee
Please list your community activities:
Past Matron DES, BCIFR volunteerAssociate (Treasurer
& BOD) GGEACA BOD, Secretary, Treasurer, VP and
Pres.
Education:
Associate Degree in Science University of Bridgeport, CT
Experience I Background:
I have served on the GGE Land Trust Committee since
1998. This committee has been instrumental in helping to
fund many very worthwhile projects and I would like to be
able to continue serving my community.
9/25/2006
P~e 2 of2
Agenda Item No. 90
October 24, 2006
Page 9 of 11
(
-
..,j
-,
filson_s
Page 1 of2
Agenda Item No. 90
October 24, 2006
Page 1 0 of 11
From: advisoryboards@colliergov.net
Sent: Friday, September 22, 2006 11 :49 PJ.A
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
fax: (239) 774-3602
.I-t~l ~.I
~.., '. ,.
.. . '.,....-;'
~~ , .~
. .. . :;
. "'~' '. /
, .... ~ ..
Name: Stephen 8 Greenberg Home Phone: 239-455-0640
Fax Number: 239-455-6497 Business Phone: 239-289-5614
How long have you lived in Collier County? More than 15 years
Have you ever been convicted of any offense against the law? No
Board I Committee Applied for: Golden Gate Estates land Trust
Committee
September 22, 2006
Application for Advisory Committees I Boards
Home Address: 2780 8th 8t NW
City: Naples Zip Code: 34120
Emait Address: stevenrita@swfla.rr.com
Place of Employment: lona-McGregor Fire District
Are you a registered voter in Collier County? Yes
Category: (if applicable) No information provided.
Do you currently hold public office? No
Do you now serve, or have you served on a Yes
Collier County board or committee?
9/22/2006
.
.
.
9/22/2006
If yes, please list the boards I committees:
Golden Gate Estates Land Trust Committee
P~e 2 of2
Agenda Item No. 9D
October 24,2006
Page 11 of 11
Please list your community activities:
Volunteer Firefighter PRHS Band Booster Kiwanis -
associate member
Education:
Associates Degree - Fire Science
Experience I Background:
Been on committee for several years past I have lived in
the Estates since 1991.
-.
,. EXECUTrVESUMMARY
Agenda Item No. 9E
O~tober24, 2006
. Page 1 of 12
.-.
.....:.........,. ....- ..... ....
;: ,', '..c',: ',:':~'. ,.:_ _: _ " .. .'>':,'. .. .':' :: .:::'::': -::: .." .. "',:- - -':." .. - :: -.. " .. '. .. '. .. "....: .. .. c:: - ::.'-:. -'. :.." : :':~.. : <-:." ...... ..: .. .. ", -..-
':: .....:.__.. -C' ..'.... - -.:,' ..... -.', :' ", " ..... -.'
APPOINTMENT OF MEMBER(S) TO THE LAKE TRAFFORD RESTORATION TASK
FORCE. .'
OBJECTIVE: To appoint 1 member to serve a 4 year term, expiring on April 23, 2010, to the
Lake Trafford Restoration Task Force.
CONSIDERATIONS: The Lake Trafford Restoration Task Force is a13-member task force
created by Ordinance No. 2002-18 on April 23, 2002 to develop and implement a restoration
program to include identification of the best methods to remove and/or prevent an algae bloom in
order to restore Lake Trafford to its unpolluted condition; to identify available funding sources to
fund with the restoration project; and, to prepare written findings and recommendations to the
Board of County Commissioners. Membership includes individuals representing the Audubon
Society, the South Florida Water Management District, the Florida Fish and Wildlife
Conservation Commission, the Department of Environmental Protection, the Big Cypress Basin,
the Immokalee Chamber of Commerce, the Conservancy, environmental specialists, marine
consultants, and private individual citizens from Immokalee with an interest in the preservation
of Lake Trafford. Terms are 4 years. A list of the current membership is included in the backup.
We currently have 2 vacancies on this task force. A press release was issued and 1 resume was
received from the following interested citizen:
APPLICANT
CATEGORY
~ ELECTOR ADV. COMM.
-
I Paul M. Rosofsky
I Retired
~I None
COMMITTEE RECOMMENDATION: No Recommendation - no quorum
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: That the Board of County Commissioners consider the request for
appointment, appoint 1 member, and direct the County Attorney to prepare a resolution
confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: OCTOBER 24, 2006
,,--.
Agenda Item No. 9E
October 24, 2006
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9E
Appointment of member to the LaKe Trafford Restoration Task Force
10/2412006900:00 AM
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
BCC Offioe
10/1212006 11 :40:06 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/12/200610:57 AM
filson_s
From: hambright-9
Sent: Wednesday. October 11, 2006 4: 10 PM
To: filson_s
Subject: Lake Trafford
Attachments: 9-07 -06Applicats for Lake Traford.doc
Here is my spread sheet. There has been no meeting to vote for approval.
If you need anything else, please let me know.
Thanks.
CJail fl).~, 5~t 5ax ~
Naples, Marco Island, Everglades CVB
3050 North Horseshoe Drive
Naples, Florida 34104
(239) 213-2966
(239) 403-2404 Fax
www.ParadiseCoast.com
10/1212006
Page 1 of I
Agenda Item No. 9E
October 24, 2006
Page 3 of 12
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Lake Trafford Restoration Task Force
Agenda Item No. 9E
October 24,2006
Page 5 of 12
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDaJe 2nd Term
Mr. Gary Holloway 334-1000 06/20/06
P.O. Box 2162 633-4069
ImmokaIee, FL 34142
E-Mail: gary.h@wallaceintltrucks.com
District: 5
Ctdegory: Interested Citizen
04/23/10
~.PmriciaAnneGoodmght
803 Tippins Terrace
Immokalee, FL 34142
E-Mail: anneg@dlcmhc.com
District: 5
Ctdegory: Interested Citizen
657-4434 06/20/06
857-3356
04/23/1 0
VACANT
04/23/1 0
,FL
E-Mail:
District:
Ctdegory:
Mr. John M. Iglehart 332-6975 05/07/96 05/07/97
10971 Hereford Drive 694-1490 06/20/06 04/23/10
Ft. Myers, FL 33905
E-Mail: jon.iglehart@dep.state.fl.us
District: 0
Category: Department of Environmental Protection
Mr. Jon Fury 625-5122 05/07/96 05/07/97
132 Palmetto Rd., West 439-0871 06/20/06 04/23/10
Lake Worth, FL 33467
E-Mail: jon.fury@myFWC.com
District: 0
Ctdegory: Florida Fish and Wildlife Conservation Commission
4 Years
4 Years
1 Year
4 Years
1 Year
4 Years
T/uusday, June 22, 2006
Pagelof4
Agenda Item No. 9E
October 24,2006
Page 6 of 12
(' Lake Trafford Restoration Task Force
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-oppt 2ndExpDate 2nd Term
Mr. Edward Olesky 657-2401 06/20/97 05/07/98 1 Year
6001 Lake Trafford Road 657-2401 06/20/06 04123/10 4 Years
Immokalee, FL 34142
E-Mail:
District: 5
Category: Lake Trafford Marine, Inc.
Mr. Clarence S. Tears, Jr. 597-1505 OS/20/97 05/07/98 1 Year
320 Lambton Lane 348-1356 06/20/06 04/23/1 0 4 Years
Naples, FL 34104
E-Mail: ctearsjr@sfwmd.gov
District: 2
Category: South Florida Water Management District
Mr. James Richard Bybee 595--2830 06/20/06 04/23/10 4 Years
370 33rd Avenue, N.W. 304-5939
~ Naples, FL 34120
E-Mail: bybeeflorida@aol.com
District: 5
Category: Environmental Specialist
Mr. Miles "Rocky" Scofield 643-0166 05/07/96 05/07/97 1 Year
38 Banyan Road 598-3786 06/20/06 04/23/1 0 4 Years
Naples, FL 34108
E-Mail: mscofi53 81@a.ol.com
District: 4
Category: Scofield Marine Consulting
Ms. Nicole Ryan 403-4220 09/12/00 05/07/01 1 Year
5501 Rattlesnake Hammock Road 793-4416 06/20/06 04/23/10 4 Years
Naples, FL 34113
E-Mail: nitder@conservancy.org
District: 1
Category: The Conservancy
L.--
'I'IuInday, June 22, 2066
Page 10/4
c;
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C~_I
Lake Trafford Restoration Task Force
Agenda Item No. 9E
October 24,2006
Page 7 of 12
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
VACANT
,FL
E-Mail:
District:
Category:
Mr. Fred N. Thomas, Jr.
1205 Orchid Avenue
Irnmokalee. FL 34142
E-Mail: futjr@ao1.com
District: 5
Category: Immokalee Chamber
657-8181 05/07/96
657-5447 06/20/06
04/23/1 0
05/07/97
04/23/1 0
06/26/04
04/23/10
1 Year
4 Years
4 Years
4 Years
Mr. TlDl Coletta n4-8097 11/14/00
3301 East Tamiami Trail 06/20/06
Naples. FL 34112
E-Mail: jimcoletta@colliergov.net
District: 5
Category: County Commissioner, District 5
Tlulntl4y, JIIIIe ZZ, 2006
Ptllfe 3 0/4
c'
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~--
Agenda Item No. 9E
October 24,2006
Page 8 of 12
Lake Trafford Restoration Task Force
Name
Work Phone Appt'd Expo Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 14 member task force was established for a 1 year period on May 7, 1996, by Resolution
No. 96-225 to serve as an advisory and oversight body for the Board of County Commissioners
to the appropriate staff who will initiate activities to demuck and restore Lake Trafford.
Resolution No. 91-250 - extending terms for 1 year to May 1, 1998; Resolution No. gs..118 -
extending terms for 1 year to May 1.1999; Resolution No. 99-239 - extending tenns for 1 year
to May 7, 2000.
On 4/23/02 the Board adopted Ordinance 2002-18 establishing this task force as a 13 member
pennanent committee. Terms are 4 years.
FL STA.T
StfIjJ: GaD Hambright. Tourism Department 213-2966
i.l
Thursday, Jrme 22, 2006
Page 4 of4
MEMORANDUM
Agenda Item No. 9E
October 24,2006
Page 9 of 12
DATE: August 28, 2006
r'~
TO:
t' ; .: L "~"i
FROM:
Elections Office ~
Sue Filso~ Executive Manage
Board of County Commissioners ~
~".ll;-,-l: '.: ';.; (. ". .
; i" j ~. ' . ; ..j
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.
LAKE TRAFFORD RESTORATION TASK FORCE
COMMISSION DISTRICT
Paul M. Rosofsky
5989 Ashford Lane
Naples, FL 34110
;<
Thank: you for your help.
MEMORANDUM
Agenda Item No, 9E
October 24,2006
Page 10 of 12
DATE: August 28, 2006
TO: Gail Hambright, Tourism Department
FROM: Sue Filson, Executive Manage~. )
Board of County CommissiO:~\
RE: Lake Trafford Restomtion Task Force
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:
Paul M. Rosofsky
5989 Ashford Lane
Naples, FL 34110
Please let me know, in writing, the recommendation for appoin1ment of the advisory committee
within the 41 day time-frame, and I will prepare an executive sutnmary for the Board's
considemtion.
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
~
i
Board of County Commissioners
3301 East Tamiami Trail
Naples. FL 34112
(239) 774-8097
Fax: (239)774-3602
Application for Advisory CommitteeslBoards
l""'" ~- ". " ',". r_. n
t". , .'
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Name:_Paul M. Rosof'sky
Ho.e PlaoH514-J963
1-<:. f""'!"
Home Address:5989 Ashford Lane
Code:
34110
Zip
Fax No._DoDe
address:
Business Pbooe:_dproso&ky @comcast.net
~mail
Place of E.ployment:_retired
Board or Committee Applied (or:_Lake Traford Advisory Board
Category (if applica Lay person
Esample; c. "-- DkCrict, DeveIeper, ~..... lay penee,"
How long have you lived in Collier County: Years_7 years
Meatlas
Are you a registered voter in Collier County: Yes JeS
No
Do you CUrTelltIy hold publk office? Yes
If so, wluat is that office?
No _no
Have you ever been convicted of any ofl'ense against the Law?
If yes, esplmn:
Yes
NO_DO
Do you now lel'ft, or baw you ever served. on. Collier County board or ce.mittee! Ves No 110
If yes, please lilt the CHllD.itteeslboards:
Please list your community activities (civic dubs, neighborhood assoc:iatiou, etc. ad pasitioDs IaeId:_ 1-
Chairman of Social Action Commmittee of Temple ShalolD of Naples _2- 4 ran world. widI Ed Laudise
o a volunteer at the ImmokaJee Friendship House 3-Five years workhlg as a vollanteer at the Sunrise
Community with their .Ecesutive Director, Paul Starzyck 4-Group Director for tile GnM Decisions Program of
the Naples world AfI'ain Council_ s.. Seven years working as a boat captain ataDd tear pide at the
Conservancy of South Wesst Florida. 6- Twoi years working as a volunteer doc_t at die Holocaust Museu...
of Southwest
Florida.
4
Education:_B.S. Degree major in Biology aDd Chemistry from Brooklyu College
D.D.S. degree from the University of PiUs burgh School orDen'" Medic:iDe.
Agenda Item No. 9E
October 24, 2006
Experieoce:_Haviog volooteered at the Im.okalee Friendship BoeM lluwe worked witlt ..oy of tIi'~peo-plt!>f 12
involved. in helping to ....e Lake Tnfford. I bow .any oftlte leaders iD tIIIe 1..obIee eo..uoity and
they know.e. 1 a.. . recipieat of.n ......rd for service fro.. the _moblee Fn.dsItip Boase.
Having volunteered .. a boat captain and tour guide for die Coaaervucy for "e past 7 yan I .. famlli.r
witb wbat is needed. to protect our fragile ovirnment. I have . pod werkilll .....tioa...ip with the new
president or the Conservancy as well as many or the leaden or th.t organization.
I bave a very dose relatiOllsbip witlt Ed L.udise, the Executive .Direc:tor or die 1...oIaIIee FOIIDdatiOD and
tbra Ed I caD speak to the moven .nd .bakers ia the lmmoblee eoaa.nDity.
n-1IIt#IdI.., _IF'" ".,..,,,,,,,.,.,,, yt1II 1M""'" 7Wr wfir fIiaIr -..M Ie fi.. _IW,. s- n-.1I.1t-.fttIiw "..... ,.
tile/JIM" -/c..tI1 C,-tl J .~ JJ'1 ~ r"".".liwlI. N.... FL ,UJ1Z. If~ ",.".../-,-,....4 Ir "'-..
(1JJ}714-J68Z fir HW1ilIltI_filMHttIii~..JUI. 1hnt yt1IIftJr ~,. - tINt ~ -r~C/IIIIIIJ'.
, '. ...... .... .'. .. '. .' :'," ....<,':':::',':--,,''" '.'" -', :< '- ;. ...............: ..':
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. . . . ....:..."...... ....... .. .' , . ......', '.., ." .
'. ".,','-. d" .... ....,_.......... -'.. .... .... ';'. "..... .... """. .".-..,'. ".'" ......,...'....
..... ........ ....." ..... ....". .. "." ." ',,"'. .. ..... '.," "". .." "....
'.' ......,....... .......".,
., .,"" .- " ". ..... ". .... "..... ..." ...... . ,',". -""'.--. . ,. .... .... ."".
APPOINTMENT OF MEMBER(S) TO THE ISLE OF CAPRI FIRE CONTROL DISTRICT
ADVISORY COMMITTEE .
EXECUTIVE SUMMARY
Agenda Item No. 9F
October 24, 2006
Page 1 of 13
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, plus a full 2 year
term, expiring on December 31, 2008, to the Isle of Capri Fire Control District Advisory
Committee.
CONSIDERATIONS: The Isles of Capri Fire Control District Advisory Committee has 1
vacancy due to a resignation, with the term expiring on December 31, 2006. This 5 member
committee advises the Board on the budget and operation of the Isles of Capri Fire Control
District. Terms are 2 years and members must reside within the boundaries of the Isles of Capri
Municipal Fire Services Taxing District. A list of the current membership is included in the
backup.
Mr. Benjamin F. Pearson resigned on June 1,2006. A press release was issued and resumes
were received from the following 2 interested citizens:
APPLIC~""IT
CATEGORY
.mg, ELECTOR ADV. COMM.
Resides within District
None
None
.-. COMMITTEE RECOMMENDATION: Readvertise for someone residing at the other
end of the district of Mainsail Drive or Fiddlers Creek.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the request 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: OCTOBER 24, 2006
,,-.
Agenda Item No. 9F
October 24, 2006
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9F
Appointment of member to the Isle of Capri Fire Control District AdviSory Board
10/24/2006 900:00 AM
Prep a red By
Sue Filson
Board of County
Commissioners
Executive Manager 10 the Bee
Date
Bce Office
10/12/200611:40:06 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commis.sioners
County Manager's Office
10/12/200611:23 AM
ISLES OF CAPRI FIRE / RESCOOb'~~~4~305~
Page 3 of 13
Memorandum
To: Sue Filson
From: Chief Rodriguez
Date: 10-11-06
Ref: Advisory Board Applicants
The Isles of Capri Advisory Board is rejecting both applicants who have
applied for a seat on the board. Chris Buckelew has been rejected because
Collier County records do not show that he lives in District 1. Roger Jacobsen
has been rejected because he lives on the same street as two other board
members; the board would like to broaden the residency of the open slot to the
other end of the district of Mainsail Drive or Fiddlers Creek.
The Advisory Board would like the open Advisory Board position to be
readvertised.
175 CAPRI BLVD · NAPLES, FLORIDA 34113
omCE: (239) 394-8770. FAX: (239) 394-5862. WWW.CAPRrnRE.NEr
Agenda Item No. 9F
October 24,2006
Page 4 of 13
(-- Isles of Capri Fire Control District Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Wtl1iam Rafeldt 03/22/05 12/31/05 9 Months
1308 Mainsail Drive, #911 389-1209
Naples, FL 34114
E-Mail:
District: 1
Category: Resides within MSTU
Mr. Joseph Langkawel 06/20/06 12/31/08 2 Years
159 San Salvador 389-3698
Naples, FL 34113
E-Mail: langkawel@comcast.net
District: 1
Category: Resides within MSTU
Mr. Kirk P. Colvin 642-0157 12/13/05 12/31/07 2 Years
163 San Salvador Street 642-0157
\.- Naples, FL 34113
E-MaU: kirk@nicoProductions.aol
District: 1
Category: Resides within MSTU
Ms. Regina Day 393-2103 01/11/05 12/31/06 2 Years
163 Trinidad Street 389-2198
Naples, FL 34113
E-Mail: rdaymeet@aol.com
District: 1
Category: Resides within MSTU
Mr. Benjamin F. Pearson ~) 394-9888 01/14/03 12/31/04 2 Years
152 E. Hilo Street ~ vt> " 389-1173 01/11/05 12/31/06 2 Years
J
Naples, FL 34113 \J
E-MaU: bfpiii@yahoo.com
District: 1
Category: Resides within MSTU
~
Wednesday, Jrme 21, 2006
Page 1 of 2
(-.
(-
( /
Agenda Item No. 9F
October 24, 2006
Page 5 of 13
Isles of Capri Fire Control District Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 5 member committee was created by Ord. No. 75-09 to advise the Board of County
Commissioners on the budget and operation of the Isles of Capri Fire Control District.
Members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing
District. Terms are 2 years. 394-3206, fax 394-5862
FL STAT 125.01
Staff: Chief Emilio Rodriguez, Isles of Capri Fire Depart: 394-8770
WednGday, J.;;2i,2006
..-.,.
-.-..........,.
~~
Page 1 of1
001
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Agenda Item No. 9F
October 24,2006
Page 6 of 13
MEMORANDUM
v
RECEIVED
AUG 0 8 2006
~~tj(; =] ~2()(r; :')'~,,:
;: il'. ,;!'-
(
DATE: August 7, 2006
Board of County Commissioners
FROM:
Elections Office &
Sue Filson, Executive Manager I'
Board of County Commissioners
TO:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also. please list the commission district in which each applicant resides.
IOC FIRE CONTROL DISTRICT ADV COMM
C h ~'IJ"f~
Chris Buckelew LJJvj
1060 Borghese Lane. #606 ~ \. It.'
Naples, FL 34114 /1 13 tJ 0 \" .o1..~IO)'
J-l J t fJ ...--d, 'j
VI1~:~\
Thank you for your help. .-1\
COMMISSION DISTRICT
~
zf
MEMORANDUM
Agenda Item No. 9F
October 24,2006
Page 7 of 13
Elections Office
RECEIVED
JUN 2 6 2006
DATE: June 23, 2006
TO:
Board of County Commissioners
~
FROM: Sue Filson, Executive Manager
Board of County Commissioners
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
IOC FIRE CONTROL DISTRICT ADV COMM
COMMISSION DISTRICT
Roger Jacobsen
146 San Salvador Street
Naples, FL 34113
I
Thank you for your help.
. ".._......,-",;,_!Ilil~_"'<lI~,*',~'''''"".I.i"''_'jk'>i<,"'iOllI''''''fli'''''.';;,"",,,,,,,,,,;,''''''..',,,,-,
MEMORANDUM
Agenda Item No. 9F
October 24,2006
Page 8 of 13
DATE:
August 1, 2006
FROM:
Chief Emilio Rodriguez
Isle of Capri Fire District j
Sue Filson, Executive Manager I \
Board of County Commissione
TO:
RE:
Isle of Capri Fire Control District Advisory Committee
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
Chris Buckelew
1060 Borghese Lane, #606
Naples, FL 34114
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize the applicants in areas of expertise. If you have any questions, please call me
at 114-8091.
Thank you for your attention to this matter.
SF
Attachments
'"
Agenda Item No. 9F
r:: ..-. rl)a.t;f~~, 2006
R C."":. ~-." r:' \< fha'~9 of 13
.lUl .i:1 2006
.
Board of County CommiuioDers
3101 E.. T......i Trul
NapIa. FL 3411:J '
(H1) 774-8891
Pax: (!Nl) ?74-3602
I. '\.rlt~ I .OTf1iYiis!:,loners
'..;ue-Illl (I ~ h) I "
Application for Advisory ComlllitteeslBoards "
Na.e: C~, J 8b/" -.k~6lH/ .
HHleAlWrul: /~~/) A;)r~~ ~
'as No. ~1~ ~f. I~ ....... Pbone:
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7V'Ob Zip CNe: 311 ij
Bo.-_
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Bolll'd or C...1dtteI Applied tbr: - I
Catepry(ifapplicable): ~~ I$~ /JI~_
es-..: c.......1MIIrtct, Ow.,..., _Irw_...... la, penea. eh:.
A",.... .......red .....r ill CoOler C....ty: Yel V- No
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held:
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Agenda Item No. 9F
October 24,2006
Page 1 0 of 1 3
Chris Buckelew
2005 - Present Kelter Williams Platinum Realty
MCA, Co- T_I..der
Naples. FL
1996-2005 Clear Cboice TeamlKeller Williams OKe, OK
Owner; OffIce MMtIISJ<<i Tr.lNCIon Coordln'"
. Built team generatiltg 10-120 units &. up to S 10 million in an.:lUaI volume,
. Hired and trained talent in the areas af administration and sales,
. Developed and effectively generated a profitable senior real estate niche.
. Served on local ALe for 7 years &. served as both finance & ed\lenising chairs
. Provided training in local offices for both new and experienced 8SS()ciates.
1991-. 19% Carpel Traditions It Interiors OKe, OK
0fIIce MMIger
. \r1anaged client servi,es &. job scheduling for five person office.
. Handled all accoLU1ts receivable, accOUJlts payable, and payroll.
1999-2003 University of Oklahoma
. Real Estate &. Management Information Syst<<n6
1992-1994 Oklahoma City University
. Undergraduate coursework
1988-199 1 Northeast High Sc:hool
. Diploma
Nonnan, OK
Oklahoma City, OK
Oklahoma City, OK
Oklahoma City MetropOlitan Association of Reaitnn
. Board of Directors. 2001-2002
. Sec:retary!['reasurer,2001
. Board of Directors' Award. 2001
American Business Clubs (AM8UCS)
. TreuW'Cr, 1999-2001
Agent Leadership CouncU (Ale), Keller Williams Northwest
. Finance Committee Chairperson, 1999-Present
Keller William. University
. I\1REA-Time Mltlagement with the 4.1-1: Business Planning Clinic;
Leverage I: An four administrative coun;es; Team Leader Clime; Recnliting
Clinic; Consultina Clinic; I\ction Focus T~alnil1l; Producrivlty Specific
Envircnmcnt; Train me Trainer; lnstnlctot Development Workshop; Mega
AJcnt Camp: Quantum Leap; Keller Williams family I"O\II110n COUrIlClS
Star Power S)'1telhl- Annual conferences .t. personal coachin,g (IfOII1lDl
?~ ?d~ 2...
600E-E6S-6E~
SE=B 900~ Ll tnr
MEMORANDUM
Agenda Item No. 9F
October 24,2006
Page 11 of 13
DATE: Iune 23, 2006
TO: Chief Emilio Rodriguez
Isle of Capri Fire District
FROM: Sue Filson. Executive Manager
Board of County Commissioners
RE: Isle of Capri Frre Control District Advisory Committee
As you know, we currently have a vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Roger Iacobsen
146 San Salvador Street
Naples, FL 34113
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 .ppUcants 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
.
-
ftlson_s
Page lof2
Agenda Item No. 9F
October 24. 2006
Page 12 of 13
From: advisoryboardsOcoIlergov.net
Sent: Tuesday, June 13,2006 6:06 PM
To: tilson_s
Subject: New On-line Advisory Board Application Submitted.
~~
Board of County Commissioners
3301 East Tamlami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
June 13, 2006
Application for Advisory Committees I Boards
Name: Roger Jacobsen Home Phone: 239-642-9618
Home Address: 146 San Salvador St
City: Naples Zip Code: 34113
f(t"I.1
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Fax Number: No information provided. Business Phone: 239-777-8310
Email Address:roge~aC@comcast.net
Place of Employment: City Of Naples Police Dept
How long have you lived in Collier County? 1-2 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Isles Of Capri Fire Board
Category: (if applicable) No information provided.
Do you currently hold public office? No
~
Do you now serve, or have you served on a
Collier County board or committee?
6/14/2006
No
.
.
.
6/14/2006
Ple.e list your conwnunity activities:
In New York: Greenwood Lake Police Commissioner,
Greenwood Lake Mayor, Greenwood Lake Parks &
Recreation Dept. Greenwood Lake Elks Youth Chairman,
Little League Board of Directors, Harriman Village
Trustee, Chamber of Commerce Secretary.
Page 2 of2
Agenda Item No. 9F
October 24,2006
Page 13 of 13
Education:
Bachelor of Science- Business Administration
Experience I Background:
As a Mayor, I was the CFO of a multi-million dollar budget
that included all government activities. As a business
owner, I developed businesses from scratch, grew them to
profitability, and sold them off. I am quite astute at
managing people.
,,",:' .......,.:'.> .'.:' :.:, .....:<'.., :-: -,..,.', ...- '.' .........:...'..': ' ': . . ..... .... ,.,,- .....:. .-;
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, ' . . ,. ..,.... .....-. - .,
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APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY AIRPORT AUTHORITY
EXECUTIVE SUMMARY..
Agenda Item No, 9G
OctobE1r24,2006
Page 10f 21
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on
August 20,2007, to the Collier County Airport Authority.
CONSIDERATIONS: The 7 member Airport Authority was created on June 22, 1993, by
Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment,
development, regulation, operation and maintenance of the airports and airport facilities.
Members of the Authority shall be residents of Collier County with business ability and
experience in one or more fields which, by way of example, may include, but are not limited to,
general business, economic development, aviation, public affairs, law, finance, accounting,
engineering, natural resource conservation or other related fields. There shall be at least 1
member of the Authority appointed from each of the communities of Immokalee, Marco Island,
and Everglades City if a qualified candidate who resides within the respective area is available
for appointment to the Authority. No person holding elected office at the State, County, or
Municipal level shall be appointed to, or be a member of, the Authority. Members must file a
Form 1 Statement of financial Interests each year with the Supervisor of Elections. A list of the
current membership is included in the backup.
Charles L. Wright, Jr. resigned on May 31, 2006. A press release was issued and resumes were
received from the following 3 interested citizens:
APPLICANT
CATEGORY
J:!!g ELECTOR AnV. COMM.
~-
Michael Klein Mgmt; Economics & Eng. 5 Yes None
Everglades City resident
Marvin D. Courtright PilotlRetired US Army Aviator 5 Yes None
Harold Mays Everglades City resident 5 Yes None
NOTE: Vacancy is for Everglades City resident.
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 I member, and direct the County Attorney to prepare a resolution
confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: OCTOBER 24, 2006
-
Agenda Item No. 9G
October 24. 2006
Page 2 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9G
Appointment of member to the Collier County Airport Authority.
10124/20069:00:00 AM
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
Bee Office
10/12/200611:40:06 AM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1 OJ12/2006 11 :46 AM
- Agenda Item No. 9U-- - -
October 24,2006
Page 3 of 21
October 11, 2006
Sue Filson, Executive Manager
Collier County Board of County Commissioners
3301 E. Tamiami Trail
Naples, FL 34112
Dear Sue,
RE: Airport Authority Board
The Collier County Airport Authority (CCAA) Board has reviewed the applications for the above
referenced Board, and has concluded that the following applicant is qualified to serve as a member on
the board.
Applicant
Michael Klein
Area( s) of Expertise
Management, Economics and Engineering, Everglades Resident
According to Ordinance 2004-03, "there shall be at least one (1) member of the Authority appointed
from Everglades City. . .." Since there is no member on the Authority Board from Everglades City, the
CCAA Board determined the following candidate is not qualified by virtue of residency.
Applicant
Marvin D. Courtright
Area( s) of EXPertise
Naples Resident
There was insufficient information for the CCAA Board to make a determination as to whether the
following candidate is qualified to serve as a member on the board
Applicant
Harold Mays
Area( s) of Expertise
Please contact us at 642-7878 Ext. 34, if you need additional information from the Airport Authority.
Thank you.
Theresa Cook
Executive Director
Agenda Item No. 9G
October 24,2006
Page 4 of 21
( Airport Authority
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDote 2nd Term
Mr. Robert E. Doyle, Jr. 434-4954 11/23/99 08/10/03 4 Years
3201 70th Street, S.W. 263-0929 09/10/03 08/1 0/07 4 Years
Naples, FL 3410S
E-Mail: red@quarles.com
District: 3
Category: LegaVEDClPilot ~
' ...' \,rjJ
Mr. Charles L. Wright, lr. f.fS~~~ 695-9107 10/11105 08/10/07 2 Years
620 Collier Avenue, P.O. Box 6 695-1074
Everglades City, FL 34139
E-Mail: CaptWrlght@ChokoloskeeCharters.com
District: 5
Category: Engineering & BusinesslEverglades City
Mr. Byron J. Meade 775-0623 06/08/04 08/10/05 1 Year
1303 Cobia Court 775-0623 09/13105 08110/09 4 Years
~ Nap~ FL 34102
E-Mail: jmeade6000@aol.com
District: 4
Category: Business and Finance
Mr. Richard Schmidt 09/13/05
2786 Orange Grove Trail 354-3490
Naples, FL 34102
E-Mail: rSchmidtI956@earthlink.net
District: 5
Categ~: General Business
08/1 0/09
4 Years
Mr. Stephen L. Price 657-3171 08/10/93
1400 N. 15th Street 657-1014 09/13/05
Immokalee, FL 34142
E-Mail:
District: 5
Category: PilotIFinancelBusinessman
0811 0/97
08/10/09
4 Years
4 Years
. ,
-~';~1'Zi81
....i..
Wednesday, October 12, 2005
Page 1 of3
Agenda Item No. 9G
October 24, 2006
Page 5 of 21
Airport Authority
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. James A. Peterka 768-4486 05/13/03
1101 Edington Place 3894262 09/13/05
~arcoIsmnd,FL 34145
E-Mail:
District: 1
Category: Public Affairs, General Business, Aviation
08/1 0/05
08/1 0/09
2 Years
4 Years
Mr. Eugene J. Schmidt
383 Harbour Drive, #205
Naples, FL 34103
E-Mail: emaill@mindspring.com
District: 4
Category: Aviation
642-7878 09/08/98
263--3444 12/1 5104
08/1 0/99
08/1 0/07
1 Year
3 Years
(----
.(
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Wednesday, October 12,2005 Page 2 of3
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Agenda Item No. 9G
October 24,2006
Page 6 of 21
Airport Authority
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. MemberS of
the Authority shaUbe residents of Collier County with business ablllty and experience in one or
more fields which, by way of example, may include, but are not limited to, general business,
economic development, aviation, public affairs, law, finance, accounting, engineering, natural
resource conservation or other related fields. There shall be at least 1 member of the Authority
appointed from each of the communities of Immokafee, Marco Island, and Everglades City if a
qualified candidate who resides within the respective area Is available for appointment to the
Authority. No person holding elected office at the ~te, County, or Munlclpalleve' shall be
appointed to, or be a member of, the Authority. Members must file a Form 1 statement of
financial Interests each year with the Supervisor of EJections.
Tom Palmer, County Attorney n4-8400
Board meets 2nd Monday of each month
~ ~ -c-:-:-
FL STAT 330 &. 333
Staff: Theresa M. Cook, Executive Director, Airport Authority: 642-7878
..Ai.-.>
:-x:itZ:~~_~.Jr ....~..;
Wednesday, October 12,1005
_._:II'_~..:il'___...~~,..'~-~-
PageJ ofJ
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Agenda Item No. 9G
October 24, 2006
Page 7 of 21
MEMORANDUM
DATE: October 6, 2006
TO: Elections Office
RECEfVEO
OCT 1 0 2(D)
FROM: Sue Filson, Executive Manager
Board of County Commission
Board of County Commissioners
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
AIRPORT AUTIlORITY
4-- &&-1 ~/
Harold Mays
600 Collier Avenue
Everglades City, FL 34139
~
COMMISSION DISTRICT
/'"
~
Thank you for your help.
OCT 92006 PM12: 15
Agenda Item No. 9G
October 24, 2006
Page 8 of 21
MEMORANDUM
FROM:
July 19, 2006
Elections Office ( l)./
Sue Filson, Executive Manager ~ ..
Board of County Commissioners
DATE:
TO:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
AIRPORT AUTHORITY
COMMISSION DISTRICT
Michael Klein
208 Allen Avenue - P.O. Box 5025
Everglades City, FL 34139
5
Marvin D. Courtright
261 Matecumbe Lane
Naples, FL 34114
:5
Thank you for your help.
MEMORANDUM
Agenda Item No. 9G
October 24, 2006
Page 9 of 21
DATE: October 6, 2006
TO:
FROM: Sue Filson, Executive Manager
Board of County Commissione
RE: Airport Authority
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:
Harold Mays
600 Collier Avenue
Everglades City. FL 34139
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
(
I
'\
""'..",.;"",,,..,"'"__l\iiIlItI<iljlaillliil!lIIlb;iAitlllllll!JM'Wliw;u,',,,';i;I;-#;<'.;l<;ft;'Hil~/lliji.;,~Hffifu*"_"'>>^,,~W''''''''""';"''''t'''"'"''';<''''''''''..'';i<f\i"_..iiJ'F"""<<'f",,,",,><""";",;,"";;~_""I' .. '.
City of Everglades City
.
P. O. Box 110 Everglades City, Collier County, Florida 34139
City Hall
102 Copeland & Broadway
Phone (239) 695-3781 Fax (239) 695-3020
September 20, 2006
,//"
Ms. Sue Filson
Executiv~Manager.,! .'./' ......... .........
Boarliof County80p;tIDi~sio~~t'! .' .
3~OJ~t'r~alnlTrail' . !
".'. . Naples,1"i34H2 "
.' "".... "'......,:''''c'::''..-::.:.:..<,,',:,-..:.'.:-:.::'-:...;:,'
"..";','..,....-::_...-...-.,.,...,,:,,..-'..:' .. ",'
. <RE:C()LLIERCOUNTY AIRrORTAIITBORtrY.
',' ',.'_.'._,.' _..~:.>'::".':":;',.;:.::" ........... ',. .-:;-<:.....:::,:<\,'ii.:~.\'.::;.::s::/'.::::,.:,:.', '--,..,'.:, ..,....:.~.;.:...,:::...:.:.-'.:.:'.-. ,,"
. . :fD8<>n:
.:-,:,,:.,?:),:~
-, "":;','-':::".
Agenda Item No. 9G
October 24,2006
Page 10 of21
.' :'-.: :_: "~".;' :>:.:~:.'},.:.<::...':....."..:': ':.'."~"._.: ':'.' : --::<: .. .. .. .':i:-...._.>:-.:-":...:.,-.'..:..' '.' .. .-.. ".' '_: .. ... '.' "" '.:: ':';:":'."':';"'.:':':" ::.:, . ,:::
As Ma~Fof Ever~~s City, I would likertoappoint Harol~~ays to the Collier County
Airport Authority.)~a{)preciate~opportUnity for Evergladei,City to serve on this
advisorycommittee~)' .
.:'.'i'
..This letter serving as my request; that you present the appoin1IIlent recommendation to
. the Board of County Commissioners for their consideration and approval.-
'Sh2t4~Y0l1 have an~questionsorrequire additional informanol4 please feel free to call
myselfor Dottie Joiner, City Clerk aUhe abOve number.
...,.,.....-...----', -'.- '.
. .,.. .'
.~
Mayor
Sammy Hamilton, Jr.
City Clerk
Dottie Smallwood Joiner
City Attorney
Michael McDonnell
Agenda Item No. 9G
October 24,2006
Page 11 of 21
.
City of Everglades
City Clerks Desk
239-695-3781
239-695-2350 fax
Memo-
1
To: Sue Rison (3 pagest 7748865
From: Dottie .Joiner
Da1B: SeptIamber 27. 2006
Re: Airport AuthorIIr and me
Attached please find the 2 applications for Airport AlM'lority and TDC.
_ If you have any questions please feel free to call me at the above runber.
Thanks sooo much!!!
.
(
. Page 1
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68l99V€ll
)jJelO ~!O
800: II 90 8l des
.
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-..,
Agenda Item No. 9G
October 24,2006
Page 12 of 21
Board of County Commissioners
338. East T.mlami Trall
Naples, FL 34112
(239) 77....8097
V.x:(139)774-3602
. ~-
Bow IoDg bave you Ived 1m Collier Co..ty: Vears !fJI..
MODtba
Are you a regiJtered voter in CGlIIer Co..ay: Yea I.-- No
Do you earreatI)'laold public oll"'aee! Vet
Iho, whlIt . daat .meeT
No
L-
Have you ever beea c:oIlvided of IUI)' ofleDJc apj-. the lAw?
If yes. espial..:
.....
No
Yes
Do 100 __ HI'ft, or.ave,.. fl'tr.......s. oa a Colli.. eont, ........ or ca._ialee? Y- N.
If yes. plea. 1st u.. co.lIIiaeesIIleIIrds:
Please list you co....uity adiYifia (civic dabs, aeiPborlleod usociIItIoes, ek. aad posIdoDS
beld:
Edu.catioa:
Esperieac:e:
PItttue-.dt.. f~~-p-'''''' .....-.:"",,,..,..... "* w...... *"'II "'./11I ~.SW I1IIM, ERaItfpc ~,.
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3301 East Tamlaml Trail- Naples, Florida 34112 - 4977
(239) 774-8097 - Fax (239) 774-3602
Agenda Item No. 9G
Oct~~~{f)
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Freel W. Coyle
District 4
Jim Coletta
District 5
September 13, 2006
Mr. Marvin D. Courtright
261 Matecumbe Lane
Naples, FL 34114
Subject: Collier County Airport Authority
Dear Mr. Courtright:
While convened in regular session on September 12, 2006, the Board of County Commissioners
voted to direct staff to readvertise this position. I will hold your application in abeyance and
resubmit for the final appointment process.
On behalf of the Board of County Commissioners, I wish to extend our appreciation to you for
your willingness to serve the residents of Collier County as a member of this advisory board.
Very truly yours,
FH:sf
Enclosures
cc: Theresa M. Cook, Airport Authority Executive Director
P1J~o/W~ w~ W~
3301 East Tamiaml Trail · Naples, Florida 34112. 49n
(239) n4-8097. Fax (239) n4-3602
Agenda Item No. 9G
October 24 6
Page
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
September 13,2006
Mr. Michael Klein
208 Allen Avenue
P.O. Box 5025
Everglades City, FL 34139
Subject: Collier County Airport Authority
Dear Mr. Klein:
While convened in regular session on September 12, 2006, the Board of County Commissioners
voted to direct staff to readvertise this position. I will hold your application in abeyance and
resubmit for the final appointment process.
On behalf of the Board of County Commissioners, I wish to extend our appreciation to you for
your willingness to serve the residents of Collier County as a member of this advisory board.
Very truly yours,
:::;~~ ~/
Commissioner, District 2
FH:sf
Enclosures
cc: Theresa M. Cook, Airport Authority Executive Director
EXECUTIVE SUMMARY
Agenda Item No. 9G
October 24, 2006
Page 15 of 21
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY AIRPORT AUTIIORITY
OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on
August 10,2007, to the Collier County Airport Authority.
CONSIDERATIONS: The 7 member Airport Authority was created on June 22, 1993, by
Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment,
development, regulation, operation and maintenance of the airports and airport facilities.
Members of the Authority shall be residents of Collier County with business ability and
experience in one or more fields which, by way of example, may include, but are not limited to,
general business, economic development, aviation, public affairs, law, finance, accounting,
engineering, natural resource conservation or other related fields. There shall be at least 1
member of the Authority appointed from each of the communities of Immokalee, Marco Island,
and Everglades City if a qualified candidate who resides within the respective area is available
for appointment to the Authority. No person holding elected office at the State, County, or
Municipal level shall be appointed to, or be a member of, the Authority. Members must file a
Form I Statement of financial Interests each year with the Supervisor of Elections. A list of the
current membership is included in the backup.
Charles L. Wright, Jr. resigned on May 31, 2006. A press release was issued and resumes were
received from the following 2 interested citizens:
APPLICANT
CATEGORY
DIST ELECfOR AnV. COMM.
Michael Klein
NOTE: Vacancy is for Everglades City resident.
J-ve(
(tC
5
Yes None
5 Yes None
COMMITTEE RECOMMENDATION: Quasi-judicial- no recommendation
FISCAL IMPACT: NONE
~u
fU
v{ /1)
1\
QtJ
RECOMMENDATION: That the Board of County Commissioners consider the requests for t
appointment, appoint 1 member, and direct the County Attorney to prepare a resolution (] ~
confirming the appointment. y
GROWTH MANAGEMENT IMPACT: NONE
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: SEPTEMBER 12,2006
COLLIER COUNTY AIRPORT AUTHORITY
2005 Mainsail Drive, Ste. 1
Naples, FL 34114-8847
(239) 642-7878
Fax (239) 394-3515
www.collieraviallon.com
August 22, 2005
Sue Filson. Executive Manager
Collier County Board of County Commissioners
3301 E. Tamiami Trail
Naples, FL 34112
R, r: r- l"':r' rr-n
e t .., , It..... ...-....
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Dear Sue,
RE: Airport Authority Board
The Collier County Airport Authority (CCAA) Board has reviewed the applications for the
above-referenced Board, and has concluded that the following applicant is qualified to
serve as a member on the board.
Applicant
Michael Klein
Area( s) of Expertise
Management, Economics and Engineering,
Everglades Resident
According to Ordinance 2004-03, "there shall be at least one (1) member of the Authority
appointed from Everglades City.. .:' Since there is no member on the Authority Board
from Everglades City, and the CCAA determined the above candidate is qualified to serve
as a Board member, the CCAA Board chose not to determine if the following candidate is
qualified.
Applicant
Marvin D. Courtright
Naples Resident
Please contact us at 642-7878 Ext. 34, if you need additional information from the Airport
Authority.
~
Theresa Cook
Executive Director
o Marco tsland Execulive Airport
2005 Mainsait Orlve Ste, 1
Naples, FL 34114-8847
(239) 394-3355
(239) 642-5427 Fax
o lmmokalee Regional Alrpoirt
165 Airport Boul8\lard
Immokalee, FL 34120
(239) 857-9003
(239) 657-9191 Fax
o Everglades Airpe rk
P.O. Bol< 889
650 E.C. Airpark Road
Everglades City, FL 34139
(239) 695-2778
(239) 695-3556 Fax
MEMORANDUM
Agenda Item No. 9G
October 24,2006
Page 17 of 21
DATE:
July 19, 2006
TO:
Theresa M. Cook, Airport AUthJri ecutive Director
Sue Filson, Executive Manager /...
Board of County Commissioners j.
FROM:
RE:
Airport Authority
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:
Michael Klein
208 Allen Avenue - P.O. Box 5025
Everglades City, FL 34139
Marvin D. Courtright
261 Matecumbe Lane
Naples, FL 34114
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
(
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.
4
.-,
filson_s
Page 1 of2
Agenda Item No. 9G
October 24,2006
Page 18 of 21
From: advisoryboards@colliergov.net
Sent: Friday, July 14, 2006 8:20 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiaml Trail
Naples, FL 34112
Tel: (239) n4-3602
Fax: (239) 774-3602
.Lt].~.,
~~
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-.. ..'
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.~ '. - j' ..: 1 ,...
Fax Number: No information provided. Business Phone: 603-355-6429
Have you ever been convicted of any offense against the law? No
No
July 14, 2006
Application for Advisory Committees I Boards
Name: Michael Klein Home Phone: 239-695-0595
Home Address: 208 Allen Avenue - P.O. Box 5025
City: Everglades City Zip Code: 34139
Emall Address:nfn19842@naples.net
Place of Employment: Self
How long have you lived in Collier County? 5-10 years
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Everglades Airport Advisory
Category: (if applicable) No information provided.
Do you currently hold public office? No
Do you now serve, or have you served on a
Collier County board or committee?
7/19/2006
Please list your community activities:
City Hall preservation group; Everglades Museum
member; Historic designation volunteer.
Page 20f2
Agenda Item No. 9G
October 24,2006
Page 19 of 21
v
.
Education:
SSc. Management & Economics AAS Electronics
Paralegal Certification H&R Block Income Tax
Experience I Background:
Aerospace industry; electronics engineering; Executive
Director; City of Keene street festivals Planning Board
Chairman Publisher of the Town Newsletter Community
Theatre Litigation Paralegal Private Pilot
.
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M.enda Item N
October 24 o. 9G
Page 21' 2006
of 21
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Agenda Item No, 9H
October 24, 2006
Page 1 of 57
,-
EXECUTIVE SUMMARY
The Annual Performance Appraisal for the County Attorney
OBJECTIVE: To complete the performance appraisal of the County Attorney.
CONSIDERATIONS: The County Attorney reports directly to the Boaro of County
Commissioners. In order to assure that the County Attorney Office work performance is
coordinated with the direction of the full Board, an annual appraisal and merit consideration are
provided in the County Attorney Employment Agreement.
This is the annual work plan (Action Plan) previously developed with the Board. The plan uses a
1 - 3 rating guide. The County Attorney has been available to meet individually with
commissioners and has provided a self-appraisal relating to the performance standards for
reVIew.
,-
The County Attorney Employment Agreement provides that on the date general wage adjustment
are granted generally to Collier County employees, the County Attorney's base salary shall be
modified to reflect the general wage adjustment granted to other County employees. If a
satisfactory performance rating is provided by the Board of County Commissioners, merit pay
shall be awarded from 3% minimum to a 10% maximum. Per the Employment Agreement, all
such merit adjustments shall be included in the County Attorney's base salary. However, the
County Attorney, similar to the County Manager, agrees that any merit adjustment may be
provided as a lump sum merit payment which is not an addition to base salary.
FISCAL IMPACT: Depending on the percent of merit pay awarded by the Board, the
approximate cost to the general fund, may range from $5,600.00 to $18,600.00. 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: The Board of County Commissioners complete the annual
performance appraisal process for the County Attorney and determine the merit pay award for
FY 05 106. Such annual performance based merit adjustment for satisfactory performance shall
not be below a minimum of three percent (3%) nor exceed a maximum of ten percent (10%) of
annual base salary.
Submitted by: Frank Halas, Chairman
Board of County Commissioners
publicfbcc agendaJI 02406/dcw perf appraisal
,-
Agenda Item No. 9H
October 24, 2006
Page 2 of 57
COLLIER COUNTY
BOARD OF eOUNTY COMMISStONERS
Item Number:
Item Summary:
Meeting Date:
9H
The Annuel Performance Appraisal for the County Attorney
10124/2006 9:00'00 AM
App roved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
10J13/2006 4:34 PM
App roved By
Michael Smykowskl
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10/16120066:36 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/16/20069:46 AM
Agenda Item No. 9H
October 24,2006
Page 3 of 57
COUNTY ATTORNEY EVALUATION SUMMARY OF RATINGS
COMMISSIONER
ITEM FIALA COYLE HALAS HENNING COLETTA AVERAGE
LeQal Advice
L.1 2.50 2.00 3.00 3.00 3.00 2.70
L.2 1.67 2.00 2.00 3.00 3.00 2.42
L.3 2.50 2.50 3.00 3.00 3.00 2.80
L.4 2.00 2.00 2.00 3.00 3.00 2.40
Communication,
Public Response
& Outreach
C.1 2.00 2.33 2.00 3,00 3.00 2.47
C.2 2.00 2.00 2,00 3,00 2.00 2.20
C.3 2.00 2.00 2.00 3.00 3,00 2.40
C.4 2.00 2.25 3.00 3.00 3.00 2.65
Fiscal Manaqement
F.1 2.00 2.25 2.00 3,00 3.00 2.45
F.2 2.00 2.00 2,00 2.00 3.00 2.20
F.3 2.00 2.00 3.00 3.00 3.00 2.60
Leadership /
Personnel
Manaqement
P.1 2.50 2.00 2.00 2.00 2.00 2.10
P.2 2.00 2.00 2,00 3,00 3.00 2.40
P.3 2.00 2.00 2,00 3,00 3.00 2.40
P.4 2.33 2.00 2.00 3.00 3.00 2.47
P.5 2.00 2.00 2,00 3.00 3.00 2.40
Averages Per
Commissioner
2.09
2,08
2.25
2.88
2.88
Overall Average 2.44
04-COA-04016/491
MEMORANDUM
Agenda Item No. 9H
~ r::- October 24, 2006
"cCI2I~ Page4of57
SEp 00 1:D
EIa;Jt<:lOf _, 2006
county ,...
, "'01>1_
-''''';$%
'1'/&1);:
TO: Commissioner Frank Halas, Chairman, District 2
Commissioner James N. Coletta, Vice-Chairman, District 5
Commissioner Donna Fiala, District I
Commissioner Tom Henning, District 3
Commissioner Fred W. Coyle, District 4 ./
David C. Weigel, County Attorney ~
FROM:
DATE:
September 6, 2006
RE:
FY 05 / 06 Appraisal
av.;f" /?t?~~6
As directed by the Board last year, it is time now for the Board to evaluate the County
Attorney / County Attorney Office for performance since last September.
Attached you will find my FY OS / 06 Action Plan with Performance Review Measures.
The standards for rating your appraisals are listed on the first page of the Action Plan document.
My self analysis comments are included for your reference and review.
In order to meet published agenda deadline, I would appreciate it if you would please
return your graded packets to me by 10:00 a.m., Tuesday, September 19th, so that I may
consolidate the ratings for presentation at the September 26, 2006 Board of County
Commissioners meeting. If it is not practical or convenient to finish the evaluation rating by
then, and you provide them to me prior to Tuesday, September 26th, your ratings, comments and
averaged ratings will be provided at the September 26th Board meeting.
I will be available to meet with each of you individually to discuss any questions,
comments or suggestions, if you desire, or feel free to provide me any comments or suggestions
by individual note or memo.
Although there are several specific categories and subcategories for review/rating, I hope,
above all, that your view of the competency, integrity, willing attitude to assist in a solution-
oriented manner and your confidence in the County Attorney/County Attorney Office is assured.
If you should have any questions about this appraisal task or wish to meet with me,
please contact me at your convenience.
Respectfully submitted.
DCW /dda
Attachment
04-COA-OJ OJ 6/488
Agenda Item No. 9H
October 24, 2006
Page 5 of 57
FY 2005 / 2006 Action Plan
David C. Weigel, County Attorney
The County Attorney is charged with the responsibility of planning, directing and
reviewing the activities and operations of the Office of the County Attorney. He is to act
as legal advisor and counsel for the Board of County Commissioners, advisory boards
and committees, County Manager and his agencies.
The County Attorney through the assistant county attorneys and supporting staff
represent the County in wide-ranging complex litigation relating to implementation of
government policies and capital projects, eminent domain, personal injury, property
damage, workplace / personnel matters, finance and land use. The County Attorney is
responsible for policy documents (resolutions), legislation (ordinances and special
acts), and the drafting or legal review and/or revision of all contracts, real property
conveyance documents and other Board signatory documents.
The following Action Plan was developed to illustrate and review Board expectations for
the County Attorney for the period from October 2005 through September 2006. The
Action Plan is based on the broad areas generally expected to be performed by the
Managing Partner of a significant law firm, including: legal advice; leadership /
organizational direction; communications, public response and outreach; fiscal
management; and personnel management.
At the conclusion of the fiscal year, the Board of County Commissioners is to perform
an annual evaluation of the County Attorney's performance by rating each of the
following performance objectives on a 1 to 3 scale. The simplified evaluation rating
scale is as follows: [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds
Standards]. Individual evaluations will be totaled and averaged to determine the
Board's collective evaluation position.
Thank you for your time and consideration in this regard.
David Werqe/'s Self Analvsis Provided Here
Page 1 of 10
LEGAL ADVICE
L.1 The County Attorney will provide effective
advice. and assure timely responses to both
written and oral questions from the Board of
County Commissioners, County Manager, his
agencies and employees.
Self Analysis of L.1 :
Agenda Item No, 9H
October 24,2006
Page 6 of 57
MEASURES
Rating
c Communication skills (written and oral)
are effective. clear and concise
[J Responsive to questions
[J Advice demonstrates that the issues
have been thoroughly analyzed
[J Advice and ideas are solution-oriented
3
All attorneys have been tasked with and have succeeded in consistently communicating in a more effective
and clear manner.
The County Attorney and Chief Assistant County Attorney proactively met with all Division Administrators and
certain key Department Directors to ensure that they were receiving timely responses to all requests,
whether oral or written. Assistant County Attorney William Mountford has assisted in the development of the
Accident Prevention/Liability Reduction Program administered by the Risk Management Department. This
has also assisted in communications being made to the attorneys earlier, rather than later, of problems or
issues so the attorneys can work with staff in finding solutions to achieve goals,
There have been over 1 ,700 Requests for Legal Services processed from October 1, 2005 through the
second week in August, 2006. This does not include telephone calls received to ask "a quick question" or to
respond to a public records question. It also does not include time spent in attending scheduled meetings or
assisting a department person who drops by the office unexpectedly.
When three employees departed at the Horseshoe branch, the County Attorney used that event as an
opportunity to enhance services to Community Development staff and the Board through the reallocation of
other experienced staff members. This was accomplished through a quickly executed hiring process and
innovational management chain of command.
Assistant County Attorney Scott R. Teach has provided effective advice and extensive assistance to staff
with regard to EMS union contract negotiations,
L.2 The County Attorney will assure that the
County is provided the best possible
representation in all litigation matters.
[J Best utilization of in-house and outside
counsel
[J Effective selection of outside counsell
expertise in specialized fields
Q Well chosen litigation communication
techniques, e.g. public meetings, shade
meetings, written and spoken
communiques
2-
Page 2 of 10
Agenda Item No. 9H
October 24, 2006
Page 7 of 57
Self Analysis of L.2:
In the Naples boat speed case, great attention was given to the preparation and presentation in all phases of
discovery and hearings by Assistant County Attorneys Jeffrey A. Klatzkow and Colleen M. Greene. County
Attorney Office has worked well with the charter boat captains in this case,
The County Attorney Office has very effectively represented the Board and County Manager interests in
major former employee litigation and cases where in some instances County employees have been sued
individually or where an individual Board member has been named as a defendant. the selection of outside
counsel has been determined by Commissioner choice.
County Attorney Office has carefully utilized shade meetings to communicate settlement offers and discuss
litigation strategy with the Board.
Assistant County Attorneys Heidi F. Ashton and Ellen T. Chadwell have processed many eminent domain
lawsuits to assist staff in acquiring necessary easements for roadway projects and properties for well fields.
These attorneys and their staff have worked quickly and efficiently to assure the county and the citizens
receive fair and equitable results,
Assistant County Attorney William E, Mountford has worked diligently with the Risk Management Department
to defend the County when claims are made, either through litigation or pre-litigation processes, He and his
staff have set up procedures to ensure that cases proceed smoothly, efficiently and effectively.
L.3 The County Attorney services to
Board/County Manager re: County legislative
needs and concerns.
a Assists the Board/County Manager with
advice. review and writing of legislative
initiatives and bills; participation and
interaction with local legislators /
legislative delegation.
3
a Assists the Board in Florida Association
of Counties (FAC) matters; attends FAC
meetings and actively interacts with FAC
officials. including developing
Tallahassee and around-the-state
contacts; and working well with counsel
to FAC.
Self Analysis of L.3:
This past year, the County Attorney Office has most effectively assisted and coordinated with the Board,
individual Commissioners, the County Manager and his assigned legislative staff with the many difficult
issues facing county government generally and Collier County specifically, The County Attorney has shown
great ability to seek out legislative personnel at the elective and appointed levels, formulate questions and
answers to better assist the Board in pressing Board issues with legislators and state departments such as
the Department of Community Affairs. Assistant County Attorney Jeff Klatzkow and the County Attorney
have worked closely with Board members and FAC to help achieve the best results possible. County
Attorney personnel have always been available and enthusiastic to assist Board members and County
Manager staff traveling to multiple hearings across the State and the numerous trips to Tallahassee. The
County Attorney prides himself in strong working relationships with our legislative delegation. their aides. and
the officers of the Florida Association of Counties as well as the Florida Association of County Attorneys.
Such relationships built over time with effort and courteous interaction has and will assist this Board and the
County Manager with ongoing and new legislative issues and desires.
Page 3 of 10
Agenda Item No, 9H
October 24,2006
Page 8 of 57
L.4 The County Attorney shall advise the
Board or its members to make Attorney
General Opinion requests, or Commission on
Ethics opinion requests, and inform the Board
of pertinent opinions and case law. The County
Attorney shall be evaluated for opinions
provided relating to Chapter 112. Part III,
Florida Statutes and the Collier County Ethics
Ordinance.
CJ Communication skills (written and oral)
are effective, clear and concise
CJ Responsive to questions
lJ Advice demonstrates that the issues
have been thoroughly analyzed
lJ Provides creative and proactive
responses (solution-oriented advice), if
possible
a
Self Analysis of L.4:
The County Attorney and Assistant County Attorney Marjorie Student-Stirling have acted upon the request of
the Chairman and the Board for legal opinions citing case law to assist the Board in its land-use decision
making, Additionally, the County Attorney has provided all Commissioners and other County personnel with
a handy custom reference booklet that clearly states the criteria required for Board land-use decisions (Le.,
zoning, PUD's, conditional uses and variances) with an accompanying explanation of case law authority for
Board decision making regarding variances. The object of these measures by the County Attorney has been
to simplify and clarify the Board's decisions for the Board's sake and further strengthen the record of the
Board's decision in case of any appeal,
The County Attorney and key staff attorneys have worked closely with Board members in providing answers
to legal questions and providing counsel based upon critical analysis and experience in subject areas, The
County Attorney and Chief Assistant County Attorney have vigorously continued the County Attorney's
program of educating advisory committees, staff liaisons, and the public on the Government-in-the-Sunshine
Law, the Public Records Act, and state and local ethics laws. The Chief Assistant County Attorney continues
to attend ethics seminars and also work with Ethics Commission staff attorneys to provide opinions on ethics
issues.
COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating
OUTREACH
C.1 (Internal) The County Attorney will be lJ Provide interim workshops J seminars to
expected to educate and update county staff to county staff covering work-related issues
reduce creation of legal issues and lawsuits in to reduce county liability Z
the workplace and from work as performed. lJ Proactive review of division I department
policies and suggest possible updates.
lJ Maintain open lines of communication
with County Manager, Division
Administrators, and Department
Directors
Page 4 of 10
Self Analysis of C.1 :
Agenda Item No. 9H
October 24, 2006
Page 9 of 57
The County Attorney continues a proactive, preventative, educative approach to assist in reducing the
number of legal issue and lawsuits in the workplace, Chief Assistant County Attorney Michael Pettit and I
continue to devote numerous hours educating employees on the do's and don'ts of the Ethics Ordinance and
County Manager policies, Sunshine Law, Public Records Law, and Ethics policies. This educational,
advisory practice is designed to reduce or eliminate questions and problems that might otherwise arise in the
workplace. The County's record for public records production and avoidance of Sunshine Law problems
speaks well to the County Attorney's efforts and the practices of the County staff pursuant to the education
and advice of counsel. This past year has seen more voluminous and complicated public records requests
than ever before yet the County has performed well. This push shall continue in the area of Public Records
maintenance and responding to public records requests, some of which are extensive, complex and require
search and production from several departments, Board records, and other diverse locations including
archived materials. As the County Manager staff further develops positions, operations and procedures
relating to public records requests, retrieval and records retention policies, the County Attorney shall continue
to assist to achieve responsive and efficient government service in the public records arena.
County Attorney Office has worked with the Human Resources Department to update the poliCies and
procedures manual.
Assistant County Attorneys periodically meet with and train department staff on procedures that will assist
them to more effectively perform their job functions and reduce legal risks and/or county liability and to
assure that they are aware of current laws or rules in their assigned areas. The Chief Assistant County
Attorney has also continued specific training for project managers in the construction area to assist them in
identifying and avoiding construction claims and disputes.
C.2 (Internal) The County Attorney will be
expected to regularly communicate with the
County Manager, his Division Administrators
and Department Directors, and the
Constitutional Officers to better ensure that
operations between these agencies and the
Board of County Commissioners are effectively
coordinated.
Self Analysis of C,2:
[J Provide responsive and solution-oriented
advice to questions or issues that arise
or have the potential of arising
[J Maintain effective working relationships
with County Manager staff and
Constitutional Officers
2
The County Attorney and/or Chief Assistant County Attorney continue to attend the County Manager Division
staff meetings in an effort to maintain efficient, effective working relationships and be aware of any issues
that may be on the horizon. The County Attorney and various Assistant County Attorneys also attend the
Department Directors' meetings of the Transportation, Utilities, and Community Development and
Environmental Services Divisions.
Additionally, the County Attorney and the Chief Assistant County Attorney have met during the year with all
division administrations, the Airport Authority Director, and the County Manager. Assistant County Attorneys
routinely meet with assigned department directors in an effort to proactively assure that needs are being met.
C.3 (External) The County Attorney will be
expected to provide information to the public
through public speaking engagements,
seminars, print and electronic media.
[J Communication skills (written and oral)
are effective, clear and concise
[J County Attorney I attorneys available to
attend meetings day or night at offices or
out in the community as requested.
Helpful; effective
Z-
Page 5 of 10
Agenda Item No. 9H
October 24,2006
Page 10 of 57
Self Analysis of C.3:
The County Attorney and Assistant County Attorneys have attended various neighborhood meetings with
staff or commissioners, evening meetings of advisory committees, and town hall meetings scheduled by
commissioners.
The County Attorney is still involved as an officer with the Florida Association of County Attorneys and
accepts invitations to speak at meetings of local organizations. Also, Assistant County Attorney Marjorie M.
Student-Stirling continues to accept invitations to provide lectures at land use seminars for attorneys.
C.4 The County Attorney will be expected to
administer the office to assure that the general
public is responded to in a timely and accurate
manner.
[J Ability to communicate effectively,
tactfully, and courteously
[J Responsive to questions
j
Self Analysis of C.4:
The following is the essence of the talk I gave speaking to the Immokalee Rotary Luncheon in June 2006:
Timely, helpful response to the public is a high priority within the office. We have established a good record
and reputation for providing prompt, courteous, responses to questions and issues that arise from the public
sector relating to county matters, The office is significantly involved in assisting Board and County Manager
Office public records requests and is very cognizant of the duty to work with the appropriate departments to
provide prompt, accurate responses, This is an area where r believe that County Attorney staff shines by
expeditiously communicating with the requestor and the offices affected by such requests, completing the
projects and exceeding expectations, The appreciative e-mails, etc, far exceed the critical comment.
Additionally. when our office receives a call or visit from a member of the public where our office is not the
correct office, it is my policy for our attorneys and support staff to assist the caller with the way to obtain the
answer or make a call for the public to assist in some way even if our office isn't in a position to answer, and
certainly not provide client-type legal advice. It's a type of public relation that can change the bad mood of
someone who's gotten Uthe runaround" contacting government offices_
FISCAL MANAGEMENT MEASURES Rating
F.1 The County Attorney will develop an Q Compile and analyze financial,
annual budget for the Office of the County budgetary, and statistical data and 2-
Attorney that will be presented to the Board of present a realistic, cost effective budget
County Commissioners for review and approval [J Ability to prepare an annual pay plan for
through the budget process developed by the the OffICe of the County Attorney
County Manager.
Page 6 of 10
Self Analysis of F.1 :
Agenda Item No. 9H
October 24,2006
Page 11 of 57
Fiscal responsibility and well-analyzed, cost-effective budgets have been a bulwark of the County Attorney
for many years. Increases are requested only when the ever-increasing level of legal demands dictate
additional resources. The goal is to provide the Board with the most efficient, effective legal representation
possible. The arrangements made with the Clerk and Judge have saved tremendous expenses, clerical
time and court time in eminent domain cases. We do more with less when we can, and achieve efficiency
along the way, Except where state mandates have required budgetary increases, the County Attorney Office
has followed and met the Board's budget goals.
F.2 The County Attorney will assure that the
budget for the Office of the County Attorney is
effectively administered and the Board is timely
informed on any extraordinary matters arising
throughout the year.
Self Analysis of F,2:
[J Prudent administration of County
Attorney Office budget; fiscally
responsible
[J Communicate in a prompt, timely manner
any extraordinary issues that arise during
the fiscal year.
2-
My record indicates my conservative approach to administration of the County Attorney's budget. Increases
are sought only in extraordinary circumstances, and then only when all other avenues have been exhausted.
I've developed a significant revenue component to the office budget. When worthy issues or matters I deem
necessary to inform the client arise, I communicate with the Board either during the board meeting or
individually, as appropriate.
F.3 The County Attorney will assure that bond
issues and other financing matters of a legal
nature are coordinated through the County
Manager, Clerk, Financial Advisor, Bond
Counsel, and Disclosure Counsel (the
.players").
Self Analysis of F,3:
[J Responsive to questions of the .players"
[J Performance demonstrates that the
issues have been thoroughly analyzed
(bond issues)
Cl Demonstrates a comprehensive
understanding of bond issues and related
financing matters (advises and assists
Board/Chairman, as appropriately in
transactions and closings)
3
The financing issues that come to this office are responded to and handled in a coordinated manner with all
participants (Clerk, Financial Advisor, Bond Counsel, Disclosure Counsel and county staff). An attorney in
this office also attends and participates in the Finance Committee meetings., The County Attorney reviews
and provides document revision comments to Bond Counsel, provides a County Attorney opinion letter for all
bond issues. The County's fiscal and financing transactions in this area have been successful, routine and
legally proficient. It's either done right or it's wrong, We do it right.
Page 7 of 10
LEADERSHIP I PERSONNEL MANAGEMENT
P.1 The County Attorney will assure that there
are clear goals and objectives established and
that they are effectively communicated
throughout the County Attorney Office.
Self Analysis of P ,1 :
Agenda Item No. 9H
October 24,2006
Page 12 of 57
MEASURES
Rating
o Planning & organization: establish goals
and priorities, analyze and evaluate
organizational effectiveness and make
sound decisions.
o Application of management techniques to
ensure compliance with organizational
policies and directives. to control quality,
quantity, time and costs.
2-
County Attorney continues to hold biweekly office staff meetings to review agenda materials and prepare for
Board meetings. share legal news and views and make new office assignments in a group setting, where
appropriate.
Project and departmental assignments are made pursuant to the particular aptitude. interest and expertise of
each attorney. "High profile" assignments are made upon particular requests of the client (Board, County
Manager, Division Administrators, etc.) and/or by the County Attorney or Chief Assistant. who retain a
"monitoring"/advisoral position of the assistant county attorneys, as appropriate.
Time Sheet and other administrative review techniques are applied to determine work demands. fairness in
assignment and timely response to Board and departmental legal requests,
This year, after the departure of two Assistant County Attorneys and a legal assistant to the private sector,
the challenge to meet ongoing and future COES assignments with appropriate expertise was met with
success. The creation of the Managing Assistant County Attorney position with Jeffrey Klatzkow at the helm
and the successful hire of Assistant County Attorney Jeff Wright provided the land use attorney/support staff
operation of the County Attorney Office to function more successfully with a higher level of service and a
shorter response time.
P.2 The goals of the Board of County
Commissioners and County Manager are
effectively understood and proper assistance is
provided by the County Attomey Office in
pursuit of said goals.
Cl Application of management techniques to
assure effective assistance to respective
clients.
o Guide and direct staff to maximize legal
resources with client needs,
~
Page 8 of 10
Self Analysis of P.2:
Agenda Item No. 9H
October 24, 2006
Page 13 of 57
As noted before, a satellite County Attorney Office with a staff of three strong attorneys, Jeffrey Klatzkow,
Marjorie M. Student-Stirling, Jeff Wright (until recently Steve Griffin) and support staff dedicated to the
Community Development and Environmental Services Division assists the Board and County Manager in
achieving their objective in improving the county's ability to manage and respond to land use related projects
and queries. Many attorneys in the office have been integrally involved in most aspects of the Growth
Management issues and projects (Le, attorney workshops, EAR, Eastern Lands & Rural Fringe, Growth
Management Plan, Land Development Code. Transportation Concurrency issues, Transfer of Development
Rights, Community Redevelopment Agencies, and Overlays) worked on in the County Manager agency,
Beyond the three attorneys mentioned above, others such as the County Attorney, Chief Assistant County
Attorney Michael Pettit, Assistant County Attorneys Thomas Palmer, Jacqueline Hubbard and Colleen
Greene have been involved in projects ranging from high profile land use issues such as variances,
conditional uses, Bert Harris Act claims such as Van-Dev, Cocohatchee, etc., and boat speed regulation on
Naples Bay. and the long-running Pelican Bay annexation venture with its issues ranging from reclaimed
water to fire district service. In each of these areas, the County Attorney Office attorneys and support staff
have ably and timely assisted the County Manager, his Division Administrators and the Board members with
the legal advice that should provide confidence and assurance in the County Attorney Office.
The foregoing information and our extensive Ethics and Sunshine Law work discussed earlier are illustrative
that the County Attorney has been an integral part of the County Strategic Goal to Rebuild and Maintain
Public Trust.
P.3 The County Attorney will assure that
employees are provided performance
expectations and performance evaluations that
are designed to enhance performance.
Self Analysis of P.3:
Cl Provide encouragement, guidance and
direction to subordinates with regard to
their development and improvement.
Coaching, counseling and helping
employees overcome job problems and
develop career plans.
Cl Assess performance strengths and
deficiencies, encourage and reward
employees and/or exercise appropriate
discipline.
2-
Action Plans are developed with staff and annual evaluations are done in late summer annually. In addition
to these annual performance evaluations, meetings with each of my employees are scheduled up to three
separate times per year to give and receive feedback from staff and to assure that there is a mutual
understanding of expectations, From these meetings, employees receive coaching and/or counseling to
assist them in achieving their performance of goals and professional development.
I also maintain an open door policy and encourage people to share suggestions. ideas and concerns, The
fresh ideas for innovative change and ongoing dialogue assist me in striving to improve efficiencies. morale.
and effectiveness of the office.
P.4 The County Attorney will assure that
qualified applicants are recruited and selected
to provide the Board with superior legal advice
and representation.
Cl Understanding of effective interviewing
techniques
Cl Thorough awareness of organizational
needs and desires
Cl Knowledge of market conditions relating
to compensation and benefit packages
z
Page 9 ofl 0
Agenda Item No. 9H
October 24, 2006
Page 14 of 57
Self Analysis of P .4:
Standards are set high through job descriptions to ensure that the most qualified applicants are recruited and
selected. This office has maintained a very good record on applicant recruitment, selection and retention.
Currently within the office there are two (2) Board Certified Florida Local Government Law Attorneys, three
(3) Certified Legal Assistants and two (2) legal assistants who were attorneys in other jurisdictions.
P.5 The County Attorney will assure that
training is provided to all staff to assure that the
Board is being provided with the best legal
advice and representation possible.
I:l Encourage employees to attend training
to better enhance knowledge and skills
o Periodic in-house training for updates
and uniformity of legal performance by
staff
~
Self Analysis of P ,5:
In-house training sessions are held periodically to keep staff current on new legislation, ordinances,
practices, and technological advances. All employees within the office are encouraged to attend training
classes provided by the Human Resources Department that will enhance their knowledge and skills,
Requests are usually granted, Some employees are required to attend such classes if the need arises.
Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective
areas of practice. The Florida Association of County Attorneys information - hot topics Web list assists us
with research, legislative issues affecting counties and legal opinions. Marjorie Student-Stirling is a frequent
lecturer on land use matters at Florida Bar seminars throughout the state.
04-COA-OI 01 61473
Page 10 of 10
Agenda Item No. 9H
October 24, 2006
Page 15 of 57
DAVID WEIGEL
L.2
It is difficult to determine how effectively in-house staff and outside
counsel have been utilized except that most tasks have been successfully
completed. Additional monitoring of outside counsel could result in
reduced delays and, perhaps, cost-savings.
L.3
JeffKlatzkow has been exceptional in assisting Commissioners and staff
in the analysis and proposed revisions to the State Growth Management
Law. Aside from Jeffs efforts, the legal staffhas not been adequately
proactive in supporting the majority of Commissioners.
C.l
More proactive involvement is needed in recommending methods or
legislative changes that would reduce legal fees in land takings and other
costs in procurement processes.
P.3,4,5
These evaluation criteria relate to internal management procedures
(evaluations, employee interviews and training) which Commissioners do
not routinely see. The only way a rating can be provided is based upon the
overall performance evaluation of "Meets Standards".
GENERAL RECOMMENDATION
Review these rating criteria to determine if new criteria can be developed for next year
which will focus more specifically upon precise goals and objectives that Commissioners
can measure.
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MEMORANDUM
Agenda Item No, 9H
/:f!-gber 24,2006
". pe~6 of 57
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TO:
Commissioner Frank Halas, Chairman, District 2
Commissioner James N. Coletta, Vice-Chairman, District 5
Commissioner Donna Fiala, District 1 ./'
Commissioner Tom Henning, District 3
Commissioner Fred W, Coyle, District 4
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DATE:
David C. Weigel, County Attorney J2 (?)r-
September 6, 2006
, "
FROM:
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RE:
FY 05 / 06 Appraisal
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As directed by the Board last year, it is time now for the Board to evaluate the County
Attorney / County Attorney Office for performance since last September.
Attached you will find my FY 05 /06 Action Plan with Performance Review Measures.
The standards for rating your appraisals are listed on the first page of the Action Plan document.
My self analysis comments are included for your reference and review.
In order to meet published agenda deadline, I would appreciate it if you would please
return your graded packets to me by 10:00 a,m., Tuesday, September 19th, so that I may
consolidate the ratings for presentation at the September 26, 2006 Board of County
Commissioners meeting. If it is not practical or convenient to finish the evaluation rating by
then, and you provide them to me prior to Tuesday, September 26th, your ratings, comments and
averaged ratings will be provided at the September 26th Board meeting.
I will be available to meet with each of you individually to discuss any questions,
comments or suggestions, if you desire, or feel free to provide me any comments or suggestions
by individual note or memo.
Although there are several specific categories and subcategories for review/rating, I hope,
above all, that your view of the competency, integrity, willing attitude to assist in a solution-
oriented manner and your confidence in the County Attorney/County Attorney Office is assured.
If you should have any questions about this appraisal task or wish to meet with me,
please contact me at your convenience.
Respectfully submitted.
DCW/dda
Attachment
04-COA-O 1016/488
Agenda Item No. 9H
October 24,2006
Page 17 of 57
FY 2005 / 2006 Action Plan
David C. Weigel, County Attorney
The County Attorney is charged with the responsibility of planning, directing and
reviewing the activities and operations of the Office of the County Attorney. He is to act
as legal advisor and counsel for the Board of County Commissioners, advisory boards
and committees. County Manager and his agencies.
The County Attorney through the assistant county attorneys and supporting staff
represent the County in wide-ranging complex litigation relating to implementation of
government policies and capital projects, eminent domain, personal injury. property
damage, workplace I personnel matters, finance and land use. The County Attorney is
responsible for policy documents (resolutions), legislation (ordinances and special
acts). and the drafting or legal review and/or revision of all contracts, real property
conveyance documents and other Board signatory documents.
The following Action Plan was developed to illustrate and review Board expectations for
the County Attorney for the period from October 2005 through September 2006. The
A,ction Plan is based on the broad areas generally expected to be performed by the
Managing Partner of a significant law firm. including: legal advice; leadership I
organizational direction; communications, public response and outreach; fiscal
management; and personnel management.
At the conclusion of the fiscal year. the Board of County Commissioners is to perform
an annual evaluation of the County Attorney's performance by rating each of the
following performance objectives on a 1 to 3 scale. The simplified evaluation rating
scale is as follows: [1 - Below Standards: 2 - Meets Standards; 3 - Exceeds
Standards]. Individual evaluations will be totaled and averaged to determine the
Board's collective evaluation position.
Thank you for your time and consideration in this regard.
David Weiqe/'s Self Analvsis Provided Here
Page 1 of 10
LEGAL ADVICE
L,1 The County Attorney will provide effective
advice. and assure timely responses to both
written and oral questions from the Board of
County Commissioners. County Manager. his
agencies and employees.
Self Analysis of L.1 :
Agenda Item No, 9H
October 24,2006
Page 18 of 57
MEASURES
Ratlno
IIr Communication skills (written and oral)
are effective. clear and concise
!if Responsive to questions
IW" Advice demonstrates that the issues
have been thoroughly analyzed
ij( Advice and ideas are solution-oriented
2-
2...
-L.
All attomeys have been tasked with and have succeeded in consistently communicating in a more effective
and clear manner.
The County Attorney and Chief Assistant County Attorney proactively met with all Division Administrators and
certain key Department Directors to ensure that they were receiving timely responses to all requests,
whether oral or written. Assistant County Attorney William Mountford has assisted in the development of the
Accident Prevention/Liability Reduction Program administered by the Risk Management Department. This
has also assisted in communications being made to the attorneys earlier, rather than later, of problems or
issues so the attorneys can work with staff in finding solutions to achieve goals,
There have bfilen over 1,700 Requests for Legal Services processed from October 1, 2005 through the
second week in August, 2006. This does not include telephone calls received to ask "a quick question" or to
respond to a public records question, It also does not include time spent in attending scheduled meetings or
assisting a department person who drops by the office unexpectedly.
When three employees departed at the Horseshoe branch, the County Attorney used that event as an
opportunity to enhance services to Community Development staff and the Board through the reallocation of
other experienced staff members. This was accomplished through a quickly executed hiring process and
innovational management chain of command,
Assistant County Attorney Scott R. Teach has provided effective advice and extensive assistance to staff
with regard to EMS union contract negotiations.
L.2 The County Attorney will assure that the
County is provided the best possible
representation in all litigation matters.
'If Best utilization of in-house and outside
counsel
sf" Effective selection of outside counsell
expertise in specialized fields
r Well chosen litigation communication
techniques, e.g. pUblic meetings, shade
meetings, written and spoken
communiques
~-.
1-
4.
Page 2 of 10
Agenda Item No. 9H
October 24, 2006
Page 19 of 57
Self Analysis of L.2:
In the Naples boat speed case, great attention was given to the preparation and presentation in all phases of
discovery and hearings by Assistant County Attorneys Jeffrey A. Klatzkow and Colleen M. Greene. County
Attorney Office has worked well with the charter boat captains in this case,
The County Attorney Office has very effectively represented the Board and County Manager interests in
major former employee litigation and cases where in some instances County employees have been sued
individually or where an individual Board member has been named as a defendant, the selection of outside
counsel has been determined by Commissioner choice,
County Attorney Office has carefully utilized shade meetings to communicate settlement offers and discuss
litigation strategy with the Board.
Assistant County Attorneys Heidi F. Ashton and Ellen T. Chadwell have processed many eminent domain
lawsuits to assist staff in acquiring necessary easements for roadway projects and properties for well fields.
These attorneys and their staff have worked quickly and efficiently to assure the county and the citizens
receive fair and equitable results.
Assistant County Attorney William E. Mountford has worked diligently with the Risk Management Department
to defend the County when claims are made, either through litigation or pre-litigation processes. He and his
staff have set up procedures to ensure that cases proceed smoothly, efficiently and effectively.
L.3 The County Attomey services to
Board/County Manager re: County legislative
needs and concerns,
~ Assists the Board/County Manager with
advice, review and writing of legislative
initiatives and bills; participation and
interaction with local legislators /
legislative delegation.
~' Assists the Board in Florida Association
of Counties (FAC) matters; attends FAC
meetings and actively interacts with FAC
officials, including developing
Tallahassee and around-the-state
contacts; and working well with counsel
to FAC.
"2...5
Z-l~
.J
Self Analysis of L.3:
This past year, the County Attorney Office has most effectively assisted and coordinated with the Board,
individual Commissioners, the County Manager and his assigned legislative staff with the many difficult
issues facing county government generally and Collier County specifically. The County Attorney has shown
great ability to seek out legislative personnel at the elective and appointed levels, formulate questions and
answers to better assist the Board in pressing Board issues with legislators and state departments such as
the Department of Community Affairs, Assistant County Attorney Jeff Klatzkow and the County Attorney
have worked closely with Board members and FAC to help achieve the best results possible, County
Attorney personnel have always been available and enthusiastic to assist Board members and County
Manager staff traveling to multiple hearings across the State and the numerous trips to Tallahassee. The
County Attorney prides himself in strong working relationships with our legislative delegation, their aides, and
the officers of the Florida Association of Counties as well as the Florida Association of County Attorneys,
Such relationships built over time with effort and courteous interaction has and will assist this Board and the
County Manager with ongoing and new legislative issues and desires.
Page 3 of 10
Agenda Item No. 9H
October 24, 2006
Page 20 of 57
L.4 The County Attorney shall advise the
Board or its members to make Attorney
General Opinion requests, or Commission on
Ethics opinion requests, and inform the Board
of pertinent opinions and case law. The County
Attorney shall be evaluated for opinions
provided relating to Chapter 112, Part III.
Florida Statutes and the Collier County Ethics
Ordinance.
III Communication skills (written and oral)
are effective, clear and concise
~ Responsive to questions
Il' Advice demonstrates that the issues
have been thoroughly analyzed
IIY Provides creative and proactive
responses (solution-oriented advice), if
possible
~
L
"2-
L-
Self Analysis of L.4:
The County Attorney and Assistant County Attorney Marjorie Student-Stirling have acted upon the request of
the Chairman and the Board for legal opinions citing case law to assist the Board in its land-use decision
making. Additionally, the County Attorney has provided a/l Commissioners and other County personnel with
a handy custom reference booklet that clearly states the criteria required for Board land-use decisions (Le.,
zoning, PUD's, conditional uses and variances) with an accompanying explanation of case law authority for
Board decision making regarding variances, The object of these measures by the County Attorney has been
to simplify and clarify the Board's decisions for the Board's sake and further strengthen the record of the
Board's decision in case of any appeal.
The County Attorney and key staff attorneys have worked closely with Board members in providing answers
to legal questions and providing counsel based upon critical analysis and experience in subject areas. The
County Attorney and Chief Assistant County Attorney have vigorously continued the County Attorney's
program of educating advisory committees, staff liaisons, and the public on the Government-in-the-Sunshine
law, the Public Records Act, and state and local ethics laws, The Chief Assistant County Attorney continues
to attend ethics seminars and also work with Ethics Commission staff attorneys to provide opinions on ethics
issues.
COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating
OUTREACH
C.1 (Internal) The County Attorney will be J/ Provide interim workshops I seminars to L.$'
expected to educate and update county staff to county staff covering work-related issues
reduce creation of legal issues and lawsuits in ti to reduce county liability
the workplace and from work as performed Proactive review of division I department Z-,
d(' policies and suggest possible updates.
Maintain open lines of communication
with County Manager, Division 2_... S
Administrators, and Department
Directors
Page 4 of 10
Self Analysis of C.1:
Agenda Item No. 9H
October 24, 2006
Page 21 of 57
The County Attorney continues a proactive, preventative, educative approach to assist in reducing the
number of legal issue and lawsuits in the workplace, Chief Assistant County Attorney Michael Pettit and I
continue to devote numerous hours educating employees on the do's and don'ts of the Ethics Ordinance and
County Manager policies, Sunshine Law, Public Records Law, and Ethics policies. This educational,
advisory practice is designed to reduce or eliminate questions and problems that might otherwise arise in the
workplace. The County's record for public records production and avoidance of Sunshine Law problems
speaks well to the County Attorney's efforts and the practices of the County staff pursuant to the education
and advice of counsel. This past year has seen more voluminous and complicated public records requests
than ever before yet the County has performed well. This push shall continue in the area of Public Records
maintenance and responding to public records requests, some of which are extensive, complex and require
search and production from several departments, Board records, and other diverse locations including
archived materials. As the County Manager staff further develops positions, operations and procedures
relating to public records requests, retrieval and records retention policies, the County Attorney shall continue
10 assist to achieve responsive and efficienl government service in the public records arena.
County Attorney Office has worked with the Human Resources Department to update the policies and
procedures manual.
Assistant County Attorneys periodically meet with and train department staff on procedures that will assist
them to more effectively perform their job functions and reduce legal risks and/or county liability and to
assure that they are aware of current laws or rules in their assigned areas, The Chief Assistant County
Attorney has also continued specific training for project managers in the construction area to assist them in
identifying and avoiding construction claims and disputes.
C.2 (Internal) The County Attorney will be
expected to regularly communicate with the
County Manager, his Division Administrators
and Department Directors, and the
Constitutional Officers to better ensure that
operations between these agencies and the
Board of County Commissioners are effectively
coordinated.
Self Analysis of C.2:
lIr' Provide responsive and solution-oriented
advice to questions or issues that arise
or have the potential of arising
g Maintain effective working relationships
with County Manager staff and
Constitutional Officers
l....
<.-..
The County Attorney and/or Chief Assistant County Attorney continue to attend the County Manager Division
staff meetings in an effort to maintain efficient, effective working relationships and be aware of any issues
thaI may be on the horizon. The County Attorney and various Assistant County Attorneys also attend the
Department Directors' meetings of the Transportation, Utilities, and Community Development and
Environmental Services Divisions.
Additionally, the County Attorney and the Chief Assistant County Attorney have met during the year with all
division administrations, the Airport Authority Director, and the County Manager. Assistant County Attorneys
routinely meet with assigned department directors in an effort to proactively assure that needs are being met.
C.3 (External) The County Attorney will be
expected to provide information to the public
through public speaking engagements,
seminars, print and electronic media.
riI Communication skills (written and oral)
are effective, clear and concise
IZI' County Attorney I attorneys available to
attend meetings day or night at offices or
out in the community as requested.
Helpful; effective
Z-
'--
Page 5 of 10
Agenda Item No, 9H
October 24,2006
Page 22 of 57
Self Analysis of C.3:
The County Attorney and Assistant County Attorneys have attended various neighborhood meetings with
staff or commissioners, evening meetings of advisory committees, and town hall meetings scheduled by
commissioners.
The County Attorney is still involved as an officer with the Florida Association of County Attorneys and
accepts invitations to speak at meetings of local organizations. Also, Assistant County Attorney Marjorie M.
Student-Stirling continues to accept invitations to provide lectures at land use seminars for attorneys.
C.4 The County Attorney will be expected to
administer the office to assure that the general
public is responded to in a timely and accurate
manner.
V Ability to communicate effectively,
tactfully, and courteously
~ Responsive to questions
2.S;
1-.
Self Analysis of C.4:
The following is the essence of the talk I gave speaking to the Immokalee Rotary Luncheon in June 2006:
Timely, helpful response to the public is a high priority within the office. We have established a good record
and reputation for providing prompt, courteous, responses to questions and issues that arise from the public
sector relating to county matters. The office is significantly involved in assisting Board and County Manager
Office public records requests and is very cognizant of the duty to work with the appropriate departments to
provide prompt, accurate responses. This is an area where I believe that County Attorney staff shines by
expeditiously communicating with the requestor and the offices affected by such requests, completing the
projects and exceeding expectations, The appreciative e-mails, etc. far exceed the critical comment.
Additionally, when our office receives a call or visit from a member of the public where our office is not the
correct office, it is my policy for our attorneys and support staff to assist the caller with the way to obtain the
answer or make a call for the public to assist in some way even if our office isn't in a position to answer, and
certainly not provide client-type legal advice, It's a type of public relation that can change the bad mood of
someone who's gotten "the runaround" contacting government offices.
FISCAL MANAGEMENT MEASURES Rating
F.1 The County Attorney will develop an ~ Compile and analyze financial, ~ _.S
annual budget for the Office of the County budgetary, and statistical data and
Attorney that will be presented to the Board of present a realistic, cost effective budget
County Commissioners for review and approval ISY Ability to prepare an annual pay plan for '"--
through the budget process developed by the the Office of the County Attorney
County Manager.
Page 6 of 10
Self Analysis of F .1 :
Agenda Item No. 9H
October 24, 2006
Page 23 of 57
Fiscal responsibility and well-analyzed, cost-effective budgets have been a bulwark of the County Attorney
for many years, Increases are requested only when the ever-increasing level of legal demands dictate
additional resources, The goal is to provide the Board with the most efficient, effective legal representation
possible. The arrangements made with the Clerk and Judge have saved tremendous expenses, clerical
time and court time in eminent domain cases. We do more with less when we can, and achieve efficiency
along the way. Except where state mandates have required budgetary increases, the County Attorney Office
has followed and met the Board's budget goals.
F.2 The County Attorney will assure that the
budget for the Office of the County Attorney is
effectively administered and the Board is timely
informed on any extraordinary matters arising
throughout the year.
Self Analysis of F.2:
U" Prudent administration of County
Attorney Office budget; fiscally
responsible
~ Communicate in a prompt, timely manner
any extraordinary issues that arise during
the fiscal year.
~.
1.....
My record indicates my conservative approach to administration of the County Attorney's budget. Increases
are sought only in extraordinary circumstances, and then only when all other avenues have been exhausted.
I've developed a significant revenue component to the office budget. When worthy issues or matters I deem
necessary to inform the client arise, J communicate with the Board either during the board meeting or
individually, as appropriate,
F.3 The County Attorney will assure that bond
issues and other financing matters of a legal
nature are coordinated through the County
Manager. Clerk, Financial Advisor, Bond
Counsel, and Disclosure Counsel (the
"players").
Self Analysis of F .3:
lit' Responsive to questions of the "players" <:.
~ Performance demonstrates that the
issues have been thoroughly analyzed "<
(bond issues)
iJ(' Demonstrates a comprehensive
understanding of bond issues and related <-
financing matters (advises and assists
Board/Chainnan, as appropriately in
transactions and closings)
The financing issues that come to this office are responded to and handled in a coordinated manner with all
participants (Clerk, Financial Advisor, Bond Counsel, Disclosure Counsel and county staff). An attorney in
this office also attends and participates in the Finance Committee meetings. The County Attorney reviews
and provides document revision comments to Bond Counsel, provides a County Attorney opinion letter for all
bond issues. The County's fiscal and financing transactions in this area have been successful, routine and
legally proficient. It's either done right or it's wrong, We do it right.
Page 7 of 10
LEADERSHIP f PERSONNEL MANAGEMENT
P.1 The County Attorney will assure that there
are clear goals and objectives established and
that they are effectively communicated
throughout the County Attorney Office.
Self Analysis of P ,1 :
Agenda Item No. 9H
October 24, 2006
Page 24 of 57
MEASURES
Rating
g"" Planning & organization: establish goals
and priorities, analyze and evaluate
organizational effectiveness and make
sound decisions.
~ Application of management techniques to
ensure compliance with organizational
policies and directives, to control quality,
quantity, time and costs.
~
2...
County Attorney continues to hold biweekly office staff meetings to review agenda materials and prepare for
Board meetings, share legal news and views and make new office assignments in a group setting, where
appropriate,
Project and departmental assignments are made pursuant to the particular aptitude, interest and expertise of
each attorney. "High profile" assignments are made upon particular requests of the client (Board, County
Manager, Division Administrators, etc,) and/or by the County Attorney or Chief Assistant, who retain a
"monitoring"/advisoral position of the assistant county attorneys, as appropriate.
Time Sheet and other administrative review techniques are applied to determine work demands, fairness in
assignment and timely response to Board and departmental legal requests.
This year, after the departure of two Assistant County Attorneys and a legal assistant to the private sector,
the challenge to meet ongoing and future CDES assignments with appropriate expertise was met with
success, The creation of the Managing Assistant County Attorney position with Jeffrey Klatzkow at the helm
and the successful hire of Assistant County Attorney Jeff Wright provided the land use attorney/support staff
operation of the County Attorney Office to function more successfully with a higher level of service and a
shorter response time.
P.2 The goals of the Board of County
Commissioners and County Manager are
effectively understood and proper assistance is
provided by the County Attorney Office in
pursuit of said goals.
lit' Application of management techniques to
assure effective assistance to respective
clients.
a( Guide and direct staff to maximize legal
resources with client needs.
<-.
~
Page 8 of 10
Self Analysis of P.2:
Agenda Item No. 9H
October 24, 2006
Page 25 of 57
As noted before, a satellite County Attorney Office with a staff of three strong attorneys, Jeffrey Klatzkow.
Marjorie M. Student-Stirling, Jeff Wright (until recently Steve Griffin) and support staff dedicated to the
Community Development and Environmental Services Division assists the Board and County Manager in
achieving their objective in improving the county's ability to manage and respond to land use related projects
and queries. Many attorneys in the office have been integrally involved in most aspects of the Growth
Management issues and projects (i.e. attorney workshops, EAR, Eastern Lands & Rural Fringe, Growth
Management Plan, Land Development Code, Transportation Concurrency issues, Transfer of Development
Rights, Community Redevelopment Agencies, and Overlays) worked on in the County Manager agency.
Beyond the three attorneys mentioned above, others such as the County Attorney, Chief Assistant County
Attorney Michael Pettit, Assistant County Attorneys Thomas Palmer, Jacqueline Hubbard and Colleen
Greene have been involved in projects ranging from high profile land use issues such as variances,
conditional uses, Bert Harris Act claims such as Van-Dev, Cocohatchee, etc., and boat speed regulation on
Naples Bay, and the long-running Pelican Bay annexation venture with its issues ranging from reclaimed
water to fire district service. In each of these areas, the County Attorney Office attorneys and support staff
have ably and timely assisted the County Manager, his Division Administrators and the Board members with
the legal advice that should provide confidence and assurance in the County Attorney Office.
The foregoing information and our extensive Ethics and Sunshine Law work discussed earlier are illustrative
that the County Attorney has been an integral part of the County Strategic Goal to Rebuild and Maintain
Public Trust.
P.3 The County Attorney will assure that
employees are provided performance
expectations and performance evaluations that
are designed to enhance performance.
Self Analysis of P ,3:
~ Provide encouragement, guidance and
direction to subordinates with regard to
their development and improvement.
Coaching, counseling and helping
employees overcome job problems and
develop career plans.
!if'" Assess performance strengths and
deficiencies, encourage and reward
employees and/or exercise appropriate
discipline.
'-
2-..
Action Plans are developed with staff and annual evaluations are done in late summer annually. In addition
to these annual performance evaluations. meetings with each of my employees are scheduled up to three
separate times per year to give and receive feedback from staff and to assure that there is a mutual
understanding of expectations. From these meetings, employees receive coaching and/or counseling to
assist them in achieving their performance of goals and professional development.
I also maintain an open door policy and encourage people to share suggestions. ideas and concerns. The
fresh ideas for innovative change and ongoing dialogue assist me in striving to improve efficiencies, morale,
and effectiveness of the office.
P ,4 The County Attorney will assure that
qualified applicants are recruited and selected
to provide the Board with superior legal advice
and representation.
U Understanding of effective interviewing
techniques
IJ:{ Thorough awareness of organizational
needs and desires
Id" Knowledge of market conditions relating
to compensation and benefit packCMJes
Page 9 of 10
2..
2.
'--
Agenda Item No. 9H
October 24,2006
Page 26 of 57
Self Analysis of P .4:
Standards are set high through job descriptions to ensure that the most qualified applicants are recruited and
selected, This office has maintained a very good record on applicant recruitment, selection and retention,
Currently within the office there are two (2) Board Certified Florida Local Government Law Attorneys, three
(3) Certified Legal Assistants and two (2) legal assistants who were attorneys in other jurisdictions.
P.5 The County Attorney will assure that
training is provided to all staff to assure that the
Board is being provided with the best legal rI
advice and representation possible.
Q" Encourage employees to attend training
to better enhance knowledge and skills
Periodic in-house training for updates
and uniformity of legal performance by
staff
cL
2-_
Self Analysis of P.5:
In-house training sessions are held periodically to keep staff current on new legislation, ordinances,
practices, and technological advances. All employees within the office are encouraged to attend training
classes provided by the Human Resources Department that will enhance their knowledge and skills.
Requests are usually granted. Some employees are required to attend such classes if the need arises.
Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective
areas of practice. The Florida Association of County Attorneys information - hot topics Web list assists us
with research, legislative issues affecting counties and legal opinions. Marjorie Student-Stirling is a frequent
lecturer on land use matters at Florida Bar seminars throughout the state.
04-COA-Ol0161473
Page 10 of 10
~enda Item No. 9H
'''i' ~cJo,b~r 24, 2006
'. PalgE~}~pf 57
, " .' ;. ........
,'" . ' '.... .~
. 1'.,.;
MEMORANDUM
TO:
Commissioner Frank Halas, Chairman, District 2
Commissioner James N. Coletta, Vice-Chairman, District 5
Commissioner Donna Fiala, District 1
Commissioner Tom Henning, District 3 /'
Commissioner Fred W. Coyle, District 4
:'~. "
...)
::>
FROM:
~.,.
.-.....)
DATE:
David C. Weigel, County Attorney ~
September 6, 2006
RE:
FY 05/06 Appraisal
As directed by the Board last year, it is time now for the Board to evaluate the County
Attorney / County Attorney Office for performance since last September.
Attached you will find my FY 05 /06 Action Plan with Performance Review Measures.
The standards for rating your appraisals are listed on the first page of the Action Plan document.
My self analysis comments are included for your reference and review.
In order to meet published agenda deadline, I would appreciate it if you would please
return your graded packets to me by 10:00 a.m., Tuesday, September 19th, so that I may
consolidate the ratings for presentation at the September 26, 2006 Board of County
Commissioners meeting. If it is not practical or convenient to finish the evaluation rating by
then, and you provide them to me prior to Tuesday, September 26th, your ratings, comments and
averaged ratings will be provided at the September 26th Board meeting.
I will be available to meet with each of you individually to discuss any questions,
comments or suggestions, if you desire, or feel free to provide me any comments or suggestions
by individual note or memo.
Although there are several specific categories and subcategories for review/rating, I hope,
above all, that your view of the competency, integrity, willing attitude to assist in a solution-
oriented manner and your confidence in the County Attorney/County Attorney Office is assured.
If you should have any questions about this appraisal task or wish to meet with me,
please contact me at your convenience.
Respectfully submitted.
DCW /dda
Attachment
04-COA-OJ016/488
. . ....:,:~.
,
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-.,..., --.
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w
Agenda Item No. 9H
October 24, 2006
Page 28 of 57
FY 2005 / 2006 Action Plan
David C. Weigel, County Attorney
The County Attorney is charged with the responsibility of planning, directing and
reviewing the activities and operations of the Office of the County Attorney. He is to act
as legal advisor and counsel for the Board of County Commissioners, advisory boards
and committees, County Manager and his agencies.
The County Attorney through the assistant county attorneys and supporting staff
represent the County in wide-ranging complex litigation relating to implementation of
government policies and capital projects, eminent domain, personal injury, property
damage, workplace / personnel matters, finance and land use. The County Attorney is
responsible for policy documents (resolutions), legislation (ordinances and special
acts), and the drafting or legal review and/or revision of all contracts, real property
conveyance documents and other Board signatory documents.
The following Action Plan was developed to illustrate and review Board expectations for
the County Attorney for the period from October 2005 through September 2006. The
Action Plan is based on the broad areas generally expected to be performed by the
Managing Partner of a significant law firm, including: legal advice; leadership /
organizational direction; communications, public response and outreach; fiscal
management; and personnel management.
At the conclusion of the fiscal year, the Board of County Commissioners is to perform
an annual evaluation of the County Attorney's performance by rating each of the
following performance objectives on a 1 to 3 scale. The simplified evaluation rating
scale is as follows: [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds
Standards]. Individual evaluations will be totaled and averaged to determine the
Board's collective evaluation position.
Thank you for your time and consideration in this regard.
David Weiael's Self Analvsis Provided Here
Page 1 of 10
LEGAL ADVICE
L.1 The County Attorney will provide effective
advice. and assure timely responses to both
written and oral questions from the Board of
County Commissioners, County Manager, his
agencies and employees.
Self Analysis of L.1 :
Agenda Item No, 9H
October 24, 2006
Page 29 of 57
MEASURES
Rating
CJ Communication skills (written and oral)
are effective, clear and concise
CJ Responsive to questions
CJ Advice demonstrates that the issues
have been thoroughly analyzed
o Advice and ideas are solution-oriented
3
All attorneys have been tasked with and have succeeded in consistently communicating in a more effective
and clear manner.
The County Attorney and Chief Assistant County Attorney proactively met with all Division Administrators and
certain key Department Directors to ensure that they were receiving timely responses to all requests,
whether oral or written. Assistant County Attorney William Mountford has assisted in the development of the
Accident Prevention/Liability Reduction Program administered by the Risk Management Department. This
has also assisted in communications being made to the attorneys earlier, rather than later, of problems or
issues so the attorneys can work with staff in finding solutions to achieve goals.
There have been over 1,700 Requests for Legal Services processed from October 1, 2005 through the
second week in August, 2006, This does not include telephone calls received to ask "a quick question" or to
respond to a public records question. It also does not include time spent in attending scheduled meetings or
assisting a department person who drops by the office unexpectedly,
When three employees departed at the Horseshoe branch, the County Attorney used that event as an
opportunity to enhance services to Community Development staff and the Board through the reallocation of
other experienced staff members. This was accomplished through a quickly executed hiring process and
innovational management chain of command.
Assistant County Attorney Scott R. Teach has provided effective advice and extensive assistance to staff
with regard to EMS union contract negotiations,
L.2 The County Attorney will assure that the
County is provided the best possible
representation in aU litigation matters.
CJ Best utilization of in-house and outside
counsel
IJ Effective selection of outside counsell
expertise in specialized fields
IJ Well chosen litigation communication
techniques, e.g. public meetings, shade
meetings, written and spoken
communiques
3
Page 2oflO
Agenda Item No, 9H
October 24, 2006
Page 30 of 57
Self Analysis of L.2:
In the Naples boat speed case. great attention was given to the preparation and presentation in all phases of
discovery and hearings by Assistant County Attorneys Jeffrey A. Klatzkow and Colleen M. Greene. County
Attorney Office has worked well with the charter boat captains in this case.
The County Attorney Office has very effectively represented the Board and County Manager interests in
major former employee litigation and cases where in some instances County employees have been sued
individually or where an individual Board member has been named as a defendant, the selection of outside
counsel has been determined by Commissioner choice.
County Attorney Office has carefully utilized shade meetings to communicate settlement offers and discuss
litigation strategy with the Board.
Assistant County Attorneys Heidi F. Ashton and Ellen T. Chadwell have processed many eminent domain
lawsuits to assist staff in acquiring necessary easements for roadway projects and properties for well fields,
These attorneys and their staff have worked quickly and efficiently to assure the county and the citizens
receive fair and equitable results.
Assistant County Attorney William E. Mountford has worked diligently with the Risk Management Department
to defend the County when claims are made. either through litigation or pre-litigation processes. He and his
staff have set up procedures to ensure that cases proceed smoothly. efficiently and effectively.
L.3 The County Attorney services to
Board/County Manager re: County legislative
needs and concerns.
tJ Assists the Board/County Manager with
advice. review and writing of legislative
initiatives and bills; participation and
interaction with local legislators I
legislative delegation.
13
tJ Assists the Board in Florida Association
of Counties (FAC) matters; attends FAC
meetings and actively interacts with FAC
officials, including developing
Tallahassee and around-the-state
contacts; and working well with counsel
to FAC.
Self Analysis of L.3:
This past year, the County Attorney Office has most effectively assisted and coordinated with the Board,
individual Commissioners, the County Manager and his assigned legislative staff with the many difficult
issues facing county government generally and Collier County specifically. The County Attorney has shown
great ability to seek out legislative personnel at the elective and appointed levels, formulate questions and
answers to better assist the Board in pressing Board issues with legislators and state departments such as
the Department of Community Affairs. Assistant County Attorney Jeff Klatzkow and the County Attorney
have worked closely with Board members and FAC to help achieve the best results possible. County
Attorney personnel have always been available and enthusiastic to assist Board members and County
Manager staff traveling to multiple hearings across the State and the numerous trips to Tallahassee. The
County Attorney prides himself in strong working relationships with our legislative delegation, their aides, and
the officers of the Florida Association of Counties as well as the Florida Association of County Attorneys,
Such relationships built over time with effort and courteous interaction has and will assist this Board and the
County Manager with ongoing and new legislative issues and desires.
Page 3 of 10
L.4 The County Attorney shall advise the
Board or its members to make Attorney
General Opinion requests, or Commission on
Ethics opinion requests, and inform the Board
of pertinent opinions and case law. The County
Attorney shall be evaluated for opinions
provided relating to Chapter 112, Part III,
Florida Statutes and the Collier County Ethics
Ordinance.
Self Analysis of LA:
Agenda Item No. 9H
October 24, 2006
Page 31 of 57
CJ Communication skills (written and oral)
are effective, clear and concise
CJ Responsive to questions
CJ Advice demonstrates that the issues
have been thoroughly analyzed
CJ Provides creative and proactive
responses (solution-oriented advice), if
possible
J
The County Attorney and Assistant County Attorney Marjorie Student-Stirling have acted upon the request of
the Chairman and the Board for legal opinions citing case law to assist the Board in its land-use decision
making. Additionally, the County Attorney has provided all Commissioners and other County personnel with
a handy custom reference booklet that clearly states the criteria required for Board land-use decisions (Le.,
zoning, PUD's, conditional uses and variances) with an accompanying explanation of case law authority for
Board decision making regarding variances, The object of these measures by the County Attorney has been
to simplify and clarify the Board's decisions for the Board's sake and further strengthen the record of the
Board's decision in case of any appeal.
The County Attorney and key staff attorneys have worked closely with Board members in providing answers
to legal questions and providing counsel based upon critical analysis and experience in subject areas. The
County Attorney and Chief Assistant County Attorney have vigorously continued the County Attorney's
program of educating advisory committees. staff liaisons, and the public on the Government-in-the-Sunshine
Law. the Public Records Act, and state and local ethics laws, The Chief Assistant County Attorney continues
to attend ethics seminars and also work with Ethics Commission staff attorneys to provide opinions on ethics
issues.
COMMUNICATION, PUBLIC RESPONSE &
OUTREACH
C.1 (Internal) The County Attorney will be
expected to educate and update county staff to
reduce creation of legal issues and lawsuits in
the workplace and from work as performed.
MEASURES
Rating
D Provide interim workshops I seminars to
county staff covering work-related issues
to reduce county liability
CJ Proactive review of division I department
policies and suggest possible updates.
D Maintain open lines of communication
with County Manager, Division
Administrators, and Department
Directors
Page 4 of 10
Self Analysis of C.1 :
Agenda Item No. 9H
October 24, 2006
Page 32 of 57
The County Attorney continues a proactive, preventative, educative approach to assist in reducing the
number of legal issue and lawsuits in the workplace, Chief Assistant County Attorney Michael Pettit and I
continue to devote numerous hours educating employees on the do's and don'ts of the Ethics Ordinance and
County Manager policies, Sunshine Law, Public Records Law, and Ethics policies. This educational,
advisory practice is designed to reduce or eliminate questions and problems that might otherwise arise in the
workplace. The County's record for public records production and avoidance of Sunshine Law problems
speaks well to the County Attorney's efforts and the practices of the County staff pursuant to the education
and advice of counsel. This past year has seen more voluminous and complicated public records requests
than ever before yet the County has performed well. This push shall continue in the area of Public Records
maintenance and responding to public records requests, some of which are extensive, complex and require
search and production from several departments, Board records, and other diverse locations including
archived materials, As the County Manager staff further develops positions, operations and procedures
relating to public records requests, retrieval and records retention policies, the County Attorney shall continue
to assist to achieve responsive and efficient government service in the public records arena,
County Attorney Office has worked with the Human Resources Department to update the policies and
procedures manual.
Assistant County Attomeys periodically meet with and train department staff on procedures that will assist
them to more effectively perform their job functions and reduce legal risks and/or county liability and to
assure that they are aware of current laws or rules in their assigned areas, The Chief Assistant County
Attorney has also continued specific training for project managers in the construction area to assist them in
identifying and avoiding construction claims and disputes.
C.2 (Internal) The County Attorney will be
expected to regularly communicate with the
County Manager, his Division Administrators
and Department Directors. and the
Constitutional Officers to better ensure that
operations between these agencies and the
Board of County Commissioners are effectively
coordinated.
Self Analysis of C,2:
o Provide responsive and solution-oriented
advice to questions or issues that arise
or have the potential of arising 3
o Maintain effective working relationships
with County Manager staff and
Constitutional Officers
The County Attorney and/or Chief Assistant County Attorney continue to attend the County Manager Division
staff meetings in an effort to maintain efficient, effective working relationships and be aware of any issues
that may be on the horizon. The County Attorney and various Assistant County Attorneys also attend the
Department Directors' meetings of the Transportation, Utilities, and Community Development and
Environmental Services Divisions.
Additionally, the County Attorney and the Chief Assistant County Attorney have met during the year with all
division administrations, the Airport Authority Director, and the County Manager. Assistant County Attorneys
routinely meet with assigned department directors in an effort to proactively assure that needs are being met.
C.3 (External) The County Attorney will be
expected to provide information to the public
through public speaking engagements,
seminars. print and electronic media.
o Communication skills (written and oral) :J
are effective. clear and concise
o County Attorney I attorneys available to
attend meetings day or night at offices or
out in the community as requested.
Heloful; effective
Page 5 of 10
Agenda Item No. 9H
October 24, 2006
Page 33 of 57
Self Analysis of C.3:
The County Attorney and Assistant County Attorneys have attended various neighborhood meetings with
staff or commissioners, evening meetings of advisory committees, and town hall meetings scheduled by
commissioners,
The County Attorney is still involved as an officer with the Florida Association of County Attorneys and
accepts invitations to speak at meetings of local organizations, Also, Assistant County Attorney Marjorie M.
Student-Stirling continues to accept invitations to provide lectures at land use seminars for attorneys.
C.4 The County Attorney will be expected to
administer the office to assure that the general
public is responded to in a timely and accurate
manner.
a Ability to communicate effectively,
tactfully, and courteously
a Responsive to questions
3
Self Analysis of C.4:
The following is the essence of the talk I gave speaking to the Immokalee Rotary Luncheon in June 2006:
Timely, helpful response to the public is a high priority within the office, We have established a good record
and reputation for providing prompt, courteous, responses to questions and issues that arise from the public
sector relating to county matters. The office is significantly involved in assisting Board and County Manager
Office public records requests and is very cognizant of the duty to work with the appropriate departments to
provide prompt, accurate responses. This is an area where I believe that County Attorney staff shines by
expeditiously communicating with the requestor and the offices affected by such requests, completing the
projects and exceeding expectations. The appreciative e-mails, etc, far exceed the critical comment.
Additionally, when our office receives a call or visit from a member of the public where our office is not the
correct office, it is my policy for our attorneys and support staff to assist the caller with the way to obtain the
answer or make a call for the public to assist in some way even if our office isn't in a position to answer, and
certainly not provide client-type legal advice. It's a type of public relation that can change the bad mood of
someone who's gotten "the runaround" contacting government offices.
FISCAL MANAGEMENT MEASURES Rating
F.1 The County Attorney will develop an a Compile and analyze financial,
annual budget for the Office of the County budgetary, and statistical data and 3
Attorney that will be presented to the Board of present a realistic, cost effective budget
County Commissioners for review and approval a Ability to prepare an annual pay plan for
through the budget process developed by the the Office of the County Attorney
County Manager.
Page 6 of 10
Self Analysis of F ,1 :
Agenda Item No. 9H
October 24, 2006
Page 34 of 57
Fiscal responsibility and well-analyzed, cost-effective budgets have been a bulwark of the County Attorney
for many years. Increases are requested only when the ever-increasing level of legal demands dictate
additional resources. The goal is to provide the Board with the most efficient, effective legal representation
possible. The arrangements made with the Clerk and Judge have saved tremendous expenses, clerical
time and court time in eminent domain cases, We do more with less when we can, and achieve efficiency
along the way. Except where state mandates have required budgetary increases, the County Attorney Office
has followed and met the Board's budget goals.
F.2 The County Attorney will assure that the
budget for the Office of the County Attorney is
effectively administered and the Board is timely
informed on any extraordinary matters arising
throughout the year.
Self Analysis of F,2:
Q Prudent administration of County
Attorney Office budget; fiscally
responsible
Q Communicate in a prompt, timely manner
any extraordinary issues that arise during
the fiscal year.
2
My record indicates my conservative approach to administration of the County Attorney's budget. Increases
are sought only in extraordinary circumstances, and then only when all other avenues have been exhausted.
I've developed a significant revenue component to the office budget. When worthy issues or matters I deem
necessary to inform the client arise. I communicate with the Board either during the board meeting or
individually, as appropriate,
F.3 The County Attorney will assure that bond
issues and other financing matters of a legal
nature are coordinated through the County
Manager, Clerk, Financial Advisor, Bond
Counsel, and Disclosure Counsel (the
.players.).
Self Analysis of F .3:
Q Responsive to questions of the .players.
Q Performance demonstrates that the
issues have been thoroughly analyzed
(bond issues)
Q Demonstrates a comprehensive J
understanding of bond issues and related
financing matters (advises and assists
Board/Chairman, as appropriately in
transactions and closings)
The financing issues that come to this office are responded to and handled in a coordinated manner with all
participants (Clerk, Financial Advisor, Bond Counsel, Disclosure Counsel and county staff). An attorney in
this office also attends and participates in the Finance Committee meetings, The County Attorney reviews
and provides document revision comments to Bond Counsel, provides a County Attorney opinion letter for all
bond issues. The County's fiscal and financing transactions in this area have been successful, routine and
legally proficient. It's either done right or it's wrong. We do it right.
Page 7 of 10
LEADERSHIP I PERSONNEL MANAGEMENT
P.1 The County Attorney will assure that there
are clear goals and objectives established and
that they are effectively communicated
throughout the County Attorney Office,
Self Analysis of P,1:
Agenda Item No. 9H
October 24,2006
Page 35 of 57
MEASURES Rating
CJ Planning & organization: establish goals
and priorities, analyze and evaluate
organizational effectiveness and make 2
sound decisions.
Q Application of management techniques to
ensure compliance with organizational
policies and directives, to control quality,
quantity, time and costs.
County Attorney continues to hold biweekly office staff meetings to review agenda materials and prepare for
Board meetings, share legal news and views and make new office assignments in a group setting, where
appropriate,
Project and departmental assignments are made pursuant to the particular aptitude, interest and expertise of
each attorney, "High profile" assignments are made upon particular requests of the client (Board, County
Manager, Division Administrators, etc.) and/or by the County Attorney or Chief Assistant, who retain a
"monitoring"radvisorai position of the assistant county attorneys, as appropriate,
Time Sheet and other administrative review techniques are applied to determine work demands, fairness in
assignment and timely response to Board and departmental legal requests.
This year. after the departure of two Assistant County Attorneys and a legal assistant to the private sector,
the challenge to meet ongoing and future COES assignments with appropriate expertise was met with
success. The creation of the Managing Assistant County Attorney position with Jeffrey Klatzkow at the helm
and the successful hire of Assistant County Attorney Jeff Wright provided the land use attorney/support staff
operation of the County Attorney Office to function more successfully with a higher level of service and a
shorter response time.
P.2 The goals of the Board of County
Commissioners and County Manager are
effectively understood and proper assistance is
provided by the County Attorney Office in
pursuit of said goals.
o Application of management techniques to
assure effective assistance to respective -5
clients.
Q Guide and direct staff to maximize 'egal
resources with client needs.
Page 8 of 10
Agenda Item No. 9H
October 24,2006
Page 36 of 57
Self Analysis of P ,2:
As noted before, a satellite County Attorney Office with a staff of three strong attorneys, Jeffrey Klatzkow,
Marjorie M. Student-Stirling, Jeff Wright (until recently Steve Griffin) and support staff dedicated to the
Community Development and Environmental Services Division assists the Board and County Manager in
achieving their objective in improving the county's ability to manage and respond to land use related projects
and queries. Many attorneys in the office have been integrally involved in most aspects of the Growth
Management issues and projects (Le. attorney workshops, EAR, Eastern Lands & Rural Fringe, Growth
Management Plan, Land Development Code, Transportation Concurrency issues, Transfer of Development
Rights, Community Redevelopment Agencies, and Overlays) worked on in the County Manager agency.
Beyond the three attorneys mentioned above, others such as the County Attorney, Chief Assistant County
Attorney Michael Pettit, Assistant County Attorneys Thomas Palmer, Jacqueline Hubbard and Colleen
Greene have been involved in projects ranging from high profile land use issues such as variances,
conditional uses, Bert Harris Act claims such as Van-Dev, Cocohatchee, etc" and boat speed regulation on
Naples Bay, and the long-running Pelican Bay annexation venture with its issues ranging from reclaimed
water to fire district service. In each of these areas, the County Attorney Office attorneys and support staff
have ably and timely assisted the County Manager, his Division Administrators and the Board members with
the legar advice that should provide confidence and assurance in the County Attorney Office.
The foregoing information and our extensive Ethics and Sunshine Law work discussed earlier are illustrative
that the County Attorney has been an integral part of the County Strategic Goal to Rebuild and Maintain
Public Trust.
P.3 The County Attorney will assure that
employees are provided performance
expectations and performance evaluations that
are designed to enhance performance.
Self Analysis of P.3:
(J Provide encouragement, guidance and
direction to subordinates with regard to
their development and improvement.
Coaching, counseling and helping
employees overcome job problems and
develop career plans,
(J Assess performance strengths and
deficiencies, encourage and reward
employees and/or exercise appropriate
discipline.
:5
Action Plans are developed with staff and annual evaluations are done in late summer annually, In addition
to these annual performance evaluations, meetings with each of my employees are scheduled up to three
separate times per year to give and receive feedback from staff and to assure that there is a mutual
understanding of expectations. From these meetings, employees receive coaching and/or counseling to
assist them in achieving their performance of goals and professional development.
I also maintain an open door policy and encourage people to share suggestions, ideas and concerns. The
fresh ideas for innovative change and ongoing dialogue assist me in striving to improve efficiencies, morale,
and effectiveness of the office.
P ,4 The County Attorney will assure that
qualified applicants are recruited and selected
to provide the Board with superior legal advice
and representation.
(J Understanding of effective interviewing
techniques
CJ Thorough awareness of organizational
needs and desires
(J Knowledge of market conditions relating
to compensation and benefit packages
)
Page 9 of 10
Agenda Item No, 9H
October 24,2006
Page 37 of 57
Self Analysis of P.4:
Standards are set high through job descriptions to ensure that the most qualified applicants are recruited and
selected. This office has maintained a very good record on applicant recruitment, selection and retention.
Currently within the office there are two (2) Board Certified Florida Local Government Law Attorneys, three
(3) Certified Legal Assistants and two (2) legal assistants who were attorneys in other jurisdictions,
P.5 The County Attorney will assure that
training is provided to all staff to assure that the
Board is being provided with the best legal
advice and representation possible.
I:l Encourage employees to attend training
to better enhance knowledge and skills
I:l Periodic in-house training for updates
and uniformity of legal performance by
staff
3
Self Analysis of P ,5:
In-house training sessions are held periodically to keep staff current on new legislation. ordinances,
practices, and technological advances, All employees within the office are encouraged to attend training
classes provided by the Human Resources Department that will enhance their knowledge and skills.
Requests are usually granted, Some employees are required to attend such classes if the need arises,
Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective
areas of practice. The Florida Association of County Attorneys information - hot topics Web list assists us
with research, legislative issues affecting counties and legal opinions. Marjorie Student-Stirling is a frequent
lecturer on land use matters at Florida Bar seminars throughout the state.
04-COA.()!Ol61473
Page 10 of 10
/O/,~, ffa~
{J,,){~.. 'J7 it C IJ/~rlThem No. 9H
October 24, 2006
Page 38 of 57
/-
FY 2005 / 2006 Action Plan
David C. Weigel, County Attorney
The County Attorney is charged with the responsibility of planning, directing and
reviewing the activities and operations of the Office of the County Attorney. He is to act
as legal advisor and counsel for the Board of County Commissioners, advisory boards
and committees, County Manager and his agencies.
The County Attorney through the assistant county attorneys and supporting staff
represent the County in wide-ranging complex litigation relating to implementation of
government policies and capital projects, eminent domain, personal injury, property
damage, workplace I personnel matters, finance and land use. The County Attorney is
responsible for policy documents (resolutions), legislation (ordinances and special
acts), and the drafting or legal review and/or revision of all contracts, real property
conveyance documents and other Board signatory documents.
The following Action Plan was developed to illustrate and review Board expectations for
the County Attorney for the period from October 2005 through September 2006. The
Action Plan is based on the broad areas generally expected to be performed by the
Managing Partner of a significant law firm, including: legal advice; leadership I
organizational direction; communications, public response and outreach; fiscal
management; and personnel management.
At the conclusion of the fiscal year, the Board of County Commissioners is to perform
an annual evaluation of the County Attorney's performance by rating each of the
following performance objectives on a 1 to 3 scale. The simplified evaluation rating
scale is as follows: [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds
Standards]. Individual evaluations will be totaled and averaged to determine the
Board's collective evaluation position.
Thank you for your time and consideration in this regard.
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Page 1 of 10
LEGAL ADVICE
L 1 The County Attorney will provide effective
advice. and assure timely responses to both
written and oral questions from the Board of
County Commissioners, County Manager, his
agencies and employees.
Self Analysis of L.1 :
Agenda Item No. 9H
October 24, 2006
Page 39 of 57
MEASURES
Ratina
Cl Communication skills (written and oral)
are effective, clear and concise
Cl Responsive to questions
Cl Advice demonstrates that the issues
have been thoroughly analyzed
Cl Advice and ideas are solution-oriented
j
/'
All attorneys have been tasked with and have succeeded in consistently communicating in a more effective
and clear manner.
The County Attorney and Chief Assistant County Attorney proactively met with all Division Administrators and
certain key Department Directors to ensure that they were receiving timely responses to all requests,
whether oral or written. Assistant County Attorney William Mountford has assisted in the development of the
Accident Prevention/Liability Reduction Program administered by the Risk Management Department. This
has also assisted in communications being made to the attorneys earlier, rather than later, of problems or
issues so the attorneys can work with staff in finding solutions to achieve goals.
There have been over 1.700 Requests for Legal Services processed from October 1, 2005 through the
second week in August, 2006. This does not include telephone calls received to ask "a quick question" or to
respond to a public records question. It also does not include time spent in attending scheduled meetings or
assisting a department person who drops by the office unexpectedly.
When three employees departed at the Horseshoe branch, the County Attorney used that event as an
opportunity to enhance services to Community Development staff and the Board through the reallocation of
other experienced staff members. This was accomplished through a quickly executed hiring process and
innovational management chain of command.
Assistant County Attorney Scott R. Teach has provided effective advice and extensive assistance to staff
with regard to EMS union contract negotiations.
L.2 The County Attorney will assure that the
County is provided the best possible
representation in all litigation matters.
Cl Best utilization of in-house and outside
counsel
Cl Effective selection of outside counsell
expertise in specialized fields
CJ Well chosen litigation communication
techniques, e.g. public meetings. shade
meetings, written and spoken
communiques
}
v
Page 2 of 10
Agenda Item No. 9H
October 24,2006
Page 40 of 57
Self Analysis of L.2:
In the Naples boat speed case, great attention was given to the preparation and presentation in all phases of
discovery and hearings by Assistant County Attorneys Jeffrey A. Klatzkow and Colleen M. Greene. County
Attorney Office has worked well with the charter boat captains in this case.
The County Attorney Office has very effectively represented the Board and County Manager interests in
major former employee litigation and cases where in some instances County employees have been sued
individually or where an individual Board member has been named as a defendant, the selection of outside
counsel has been determined by Commissioner choice.
County Attorney Office has carefully utilized shade meetings to communicate settlement offers and discuss
litigation strategy with the Board.
Assistant County Attorneys Heidi F. Ashton and Ellen T. Chadwell have processed many eminent domain
lawsuits to assist staff in acquiring necessary easements for roadway projects and properties for well fields.
These attorneys and their staff have worked quickly and efficiently to assure the county and the citizens
receive fair and equitable results.
Assistant County Attorney William E. Mountford has worked diligently with the Risk Management Department
to defend the County when claims are made. either through litigation or pre-litigation processes. He and his
staff have set up procedures to ensure that cases proceed smoothly, efficiently and effectively.
L.3 The County Attorney services to
Board/County Manager re: County legislative
needs and concerns.
Q Assists the Board/County Manager with
advice. review and writing of legislative
initiatives and bills; participation and
interaction with local legislators /
legislative delegation.
Q Assists the Board in Florida Association
of Counties (FAC) matters; attends FAC
meetings and actively interacts with FAC
officials, including developing
Tallahassee and around-the-state
contacts; and working well with counsel
to FAC.
3
Self Analysis of L.3:
This past year, the County Attorney Office has most effectively assisted and coordinated with the Board,
individual Commissioners, the County Manager and his assigned legislative staff with the many difficult
issues facing county government generally and Collier County specifically. The County Attorney has shown
great ability to seek out legislative personnel at the elective and appointed levels, formulate questions and
answers to better assist the Board in pressing Board issues with legislators and state departments such as
the Department of Community Affairs. Assistant County Attorney Jeff Klatzkow and the County Attorney
have worked closely with Board members and FAC to help achieve the best results possible. County
Attorney personnel have always been available and enthusiastic to assist Board members and County
Manager staff traveling to multiple hearings across the State and the numerous trips to Tallahassee. The
County Attorney prides himself in strong working relationships with our legislative delegation, their aides, and
the officers of the Florida Association of Counties as well as the Florida Association of County Attorneys.
Such relationships built over time with effort and courteous interaction has and will assist this Board and the
County Manager with ongoing and new legislative issues and desires.
Page 3 of 10
Agenda Item No. 9H
October 24,2006
Page 41 of 57
L.4 The County Attorney shall advise the
Board or its members to make Attorney
General Opinion requests, or Commission on
Ethics opinion requests, and Inform the Board
of pertinent opinions and case law. The County
Attorney shall be evaluated for opinions
provided relating to Chapter 112, Part Ill,
Florida Statutes and the Collier County Ethics
Ordinance,
(J Communication skills (written and oral)
are effective, clear and concise
(J Responsive to questions
CI Advice demonstrates that the issues
have been thoroughly analyzed
Cl Provides creative and proactive
responses (solution-oriented advice), if
possible
J
Self Analysis of L.4:
The County Attorney and Assistant County Attorney Marjorie Student-Stirling have acted upon the request of
the Chairman and the Board for legal opinions citing case law to assist the Board in its land-use decision
making. Additionally. the County Attorney has provided all Commissioners and other County personnel with
a handy custom reference booklet that clearly states the criteria required for Board land-use decisions (I.e.,
zoning, PUD's, conditional uses and variances) with an accompanying explanation of case law authority for
Board decision making regarding variances. The object of these measures by the County Attorney has been
to simplify and clarify the Board's decisions for the Board's sake and further strengthen the record of the
Board's decision in case of any appeal.
The County Attorney and key staff attorneys have worked closely with Board members in providing answers
to legal questions and providing counsel based upon critical analysis and experience in subject areas. The
County Attorney and Chief Assistant County Attorney have vigorously continued the County Attorney's
program of educating advisory committees, staff liaisons, and the public on the Government-in-the-Sunshine
Law, the Public Records Act. and state and local ethics laws. The Chief Assistant County Attorney continues
to attend ethics seminars and also work with Ethics Commission staff attorneys to provide opinions on ethics
issues,
COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating
OUTREACH
C.1 (Internal) The County Attorney will be Cl Provide interim workshops I seminars to
expected to educate and update county staff to county staff covering work-related issues l?
reduce creation of legal issues and lawsuIts in to reduce county liability
the workplace and from work as performed. 0 Proactive review of division / department
policies and suggest possible updates,
CI Maintain open lines of communication -
with County Manager, Division
Administrators, and Department
Directors
Page 4 of 10
Self Analysis of C.1 :
Agenda Item No, 9H
October 24, 2006
Page 42 of 57
The County Attorney continues a proactive, preventative, educative approach to assist in reducing the
number of legal issue and lawsuits in the workplace, Chief Assistant County Attorney Michael Pettit and I
continue to devote numerous hours educating employees on the dO's and don'ts of the Ethics Ordinance and
County Manager policies, Sunshine Law, Public Records Law, and Ethics policies. This educational,
advisory practice is designed to reduce or eliminate questions and problems that might otherwise arise in the
workplace, The County's record for public records production and avoidance of Sunshine Law problems
speaks well to the County Attorney's efforts and the practices of the County staff pursuant to the education
and advice of counsel. This past year has seen more voluminous and complicated public records requests
than ever before yet the County has performed well, This push shall continue in the area of Public Records
maintenance and responding to public records requests, some of which are extensive. complex and require
search and production from several departments, Board records, and other diverse locations including
archived materials. As the County Manager staff further develops positions, operations and procedures
relating to public records requests, retrieval and records retention policies, the County Attorney shall continue
to assist to achieve responsive and efficient government service in the public records arena,
County Attorney Office has worked with the Human Resources Department to update the policies and
procedures manual.
Assistant County Attorneys periodically meet with and train department staff on procedures that will assist
them to more effectively perform their job functions and reduce legal risks and/or county liability and to
assure that they are aware of current laws or rules in their assigned areas. The Chief Assistant County
Attorney has also continued specific training for project managers in the construction area to assist them in
identifying and avoiding construction claims and disputes.
C,2 (Internal) The County Attorney will be
expected to regularly communicate with the
County Manager, his Division Administrators
and Department Directors, and the
Constitutional Officers to better ensure that
operations between these agencies and the
Board of County Commissioners are effectively
coordinated.
Self Analysis of C,2:
IJ Provide responsive and solution-oriented
advice to questions or issues that arise
or have the potential of arising
CI Maintain effective working relationships
with County Manager staff and
Constitutional Officers
Z-
The County Attorney and/or Chief Assistant County Attorney continue to attend the County Manager Division
staff meetings in an effort to maintain efficient, effective working relationships and be aware of any issues
that may be on the horizon. The County Attorney and various Assistant County Attorneys also attend the
Department Directors' meetings of the Transportation, Utilities, and Community Development and
Environmental Services Divisions,
Additionally, the County Attorney and the Chief Assistant County Attorney have met during the year with a\l
division administrations, the Airport Authority Director, and the County Manager. Assistant County Attorneys
routinely meet with assigned department directors in an effort to proactively assure that needs are being met.
C,3 (External) The County Attorney will be
expected to provide information to the public
through public speaking engagements,
seminars, print and electronic media,
CI Communication skills (written and oral)
are effective, clear and concise
CI County Attorney I attorneys available to
attend meetings day or night at offices or
out in the community as requested.
HelDful; effective
]
Page 5 of 10
Agenda Item No. 9H
October 24, 2006
Page 43 of 57
Self Analysis of C.3:
The County Attorney and Assistant County Attorneys have attended various neighborhood meetings with
staff or commissioners, evening meetings of advisory committees, and town hall meetings scheduled by
commissioners.
The County Attorney is still involved as an officer with the Florida Association of County Attorneys and
accepts invitations to speak. at meetings of local organizations. Also, Assistant County Attorney Marjorie M.
Student-Stirling continues to accept invitations to provide lectures at land use seminars for attorneys.
C,4 The County Attorney will be expected to
administer the office to assure that the general
public is responded to in a timely and accurate
manner.
o Ability to communicate effectively,
tactfully, and courteously
CI Responsive to questions
lJ
Self Analysis of C.4:
The following is the essence of the talk I gave speaking to the Immokalee Rotary Luncheon in June 2006:
Timely, helpful response to the public is a high priority within the office, We have established a good record
and reputation for providing prompt, courteous, responses to questions and issues that arise from the public
sector relating to county matters, The office is significantly involved in assisting Board and County Manager
Office public records requests and is very cognizant of the duty to work with the appropriate departments to
provide prompt, accurate responses. This is an area where I believe that County Attorney staff shines by
expeditiously communicating with the requestor and the offices affected by such requests, completing the
projects and exceeding expectations, The appreciative e-mails, etc, far exceed the critical comment.
Additionally, when our office receives a call or visit from a member of the public where our office is not the
correct office. it is my policy for our attorneys and support staff to assist the caller with the way to obtain the
answer or make a call for the public to assist in some way even if our office isn't in a position to answer, and
certainly not provide client-type legal advice. It's a type of public relation that can change the bad mood of
someone who's gotten "the runaround" contacting government offices.
FISCAL MANAGEMENT MEASURES Rating
F.1 The County Attorney will develop an 0 Compile and analyze financial,
annual budget for the Office of the County budgetary, and statistical data and J
Attorney that will be presented to the Board of present a realistic, cost effective budget
County Commissioners for review and approval 0 Ability to prepare an annual pay plan for
through the budget process developed by the the Office of the County Attorney .....-
County Manager.
Page 6 of 10
Self Analysis of F.1 :
Agenda Item No, 9H
October 24, 2006
Page 44 of 57
Fiscal responsibility and well-analyzed, cost-effective budgets have been a bulwark of the County Attorney
for many years. Increases are requested only when the ever-increasing level of legal demands dictate
additional resources, The goal is to provide the Board with the most efficient, effective legal representation
possible. The arrangements made with the Clerk and Judge have saved tremendous expenses, clerical
time and court time in eminent domain cases, We do more with less when we can, and achieve efficiency
along the way, Except where state mandates have required budgetary increases, the County Attorney Office
has followed and met the Board's budget goals.
F.2 The County Attorney will assure that the
budget for the Office of the County Attorney is
effectively administered and the Board ;s timely
informed on any extraordinary matters arising
throughout the year.
Self Analysis of F.2:
o Prudent administration of County
Attorney Office budget; fiscally J
responsible
o Communicate in a prompt, timely manner
any extraordinary issues that arise during
the fiscal year.
My record indicates my conservative approach to administration of the County Attorney's budget. Increases
are sought only in extraordinary circumstances, and then only when all other avenues have been exhausted.
I've developed a significant revenue component to the office budget. When worthy issues or matters I deem
necessary to inform the client arise, I communicate with the Board either during the board meeting or
individually, as appropriate,
F,3 The County Attorney will assure that bond
issues and other finanCing matters of a legal
nature are coordinated through the County
Manager, Clerk, Financial Advisor, Bond
Counsel, and Disclosure Counsel (the
"players"),
Self Analysis of F.3:
CJ Responsive to questions of the "players.
o Performance demonstrates that the
issues have been thoroughly analyzed
(bond issues)
o Demonstrates a comprehensive
understanding of bond issues and related
financing matters (advises and assists
Board/Chairman, as appropriately in
transactions and closings)
/
The financing issues that come to this office are responded to and handled in a coordinated manner with all
participants (Clerk, Financial Advisor, Bond Counsel, Disclosure Counsel and county staff), An attorney in
this office also attends and participates in the Finance Committee meetings. The County Attorney reviews
and provides document revision comments to Bond Counsel, provides a County Attorney opinion letter for alf
bond issues. The County's fiscal and financing transactions in this area have been successful, routine and
legally proficient. It's either done right or it's wrong. We do it right.
Page 7 of 10
Agenda Item No. 9H
October 24,2006
Page 45 of 57
LEADERSHIP I PERSONNEL MANAGEMENT
MEASURES
Rating
P,1 The County Attorney will assure that there
are clear goals and objectives established and
that they are effectively communicated
throughout the County Attorney Office,
o Planning & organization: establish goals
and priorities, analyze and evaluate
organizational effectiveness and make
sound decisions,
o Application of management techniques to
ensure compliance with organizational
policies and directives, to control quality,
quantity, time and costs.
1
t,/---",
Self Analysis of P ,1 :
County Attorney continues to hold biweekly office staff meetings to review agenda materials and prepare for
Board meetings, share legal news and views and make new office assignments in a group setting, where
appropriate.
Project and departmental assignments are made pursuant to the particular aptitude, interest and expertise of
each attorney, "High profile" assignments are made upon particular requests of the client (Board, County
Manager, Division Administrators, etc,) and/or by the County Attorney or Chief Assistant, who retain a
"monitoring"/advisoral position of the assistant county attorneys, as appropriate.
Time Sheet and other administrative review techniques are applied to determine work demands. fairness in
assignment and timely response to Board and departmental legal requests,
This year, after the departure of two Assistant County Attorneys and a legal assistant to the private sector,
the challenge to meet ongoing and future COES assignments with appropriate expertise was met with
success. The creation of the Managing Assistant County Attorney position with Jeffrey Klatzkow at the helm
and the successful hire of Assistant County Attorney Jeff Wright provided the land use attorney/support staff
operation of the County Attorney Office to function more successfully with a higher level of service and a
shorter response time.
P ,2 The goals of the Board of County
Commissioners and County Manager are
effectively understood and proper assistance is
provided by the County Attorney Office in
pursuit of said goals,
(J Application of management techniques to
assure effective assistance to respective
clients,
i:J Guide and direct staff to maximize legal
resources with client needs,
~
y
Page 8 of 10
Self Analysis of P .2:
Agenda Item No, 9H
October 24, 2006
Page 46 of 57
As noted before, a satellite County Attorney Office with a staff of three strong attorneys. Jeffrey Klatzkow.
Marjorie M. Student-Stirling, Jeff Wright (until recently Steve Griffin) and support staff dedicated to the
Community Development and Environmental Services Division assists the Board and County Manager in
achieving their objective in improving the county's ability to manage and respond to land use related projects
and queries, Many attorneys in the office have been integrally involved in most aspects of the Growth
Management issues and projects (Le, attorney workshops, EAR, Eastern Lands & Rural Fringe, Growth
Management Plan, Land Development Code, Transportation Concurrency issues, Transfer of Development
Rights, Community Redevelopment Agencies, and Overlays) worked on in the County Manager agency.
Beyond the three attorneys mentioned above, others such as the County Attorney, Chief Assistant County
Attorney Michael Pettit, Assistant County Attorneys Thomas Palmer, Jacqueline Hubbard and Colleen
Greene have been involved in projects ranging from high profile land use issues such as variances,
conditional uses, Bert Harris Act claims such as Van-Dev, Cocohatchee, etc., and boat speed regulation on
Naples Bay. and the long-running Pelican Bay annexation venture with its issues ranging from reclaimed
water to fire district service, In each of these areas. the County Attorney Office attorneys and support staff
have ably and timely assisted the County Manager, his Division Administrators and the Board members with
the legal advice that should provide confidence and assurance in the County Attorney Office.
The foregoing information and our extensive Ethics and Sunshine Law work discussed earlier are illustrative
that the County Attorney has been an integral part of the County Strategic Goal to Rebuild and Maintain
Public Trust.
P.3 The County Attorney will assure that
employees are provided performance
expectations and performance evaluations that
are designed to enhance performance,
Self Analysis of P.3:
CJ Provide encouragement, guidance and
direction to subordinates with regard to
their development and improvement.
Coaching, counseling and helping
employees overcome job problems and
develop career plans.
CJ Assess performance strengths and
deficiencies, encourage and reward
employees and/or exercise appropriate
discipline.
J
Action Plans are developed with staff and annual evaluations are done in late summer annually. In addition
to these annual performance evaluations, meetings with each of my employees are scheduled up to three
separate times per year to give and receive feedback from staft and to assure that there is a mutual
understanding of expectations. From these meetings. employees receive coaching and/or counseling to
assist them in achieving their performance of goals and professional development.
I also maintain an open door policy and encourage people to share suggestions, ideas and concerns. The
fresh ideas for innovative change and ongoing dialogue assist me in striving to improve efficiencies, morale.
and effectiveness of the office.
P,4 The County Attorney will assure that
qualified applicants are recruited and selected
to provide the Board with superior legal advice
and representation,
CJ Understanding of effective interviewing
techniques
CJ Thorough awareness of organizational
needs and desires
CJ Knowledge of market conditions relating
to comoensation and benefit oackaoes
Page 9 of 10
3
Agenda Item No. 9H
October 24, 2006
Page 47 of 57
Self Analysis of P.4:
Standards are set high through job descriptions to ensure that the most qualified applicants are recruited and
selected. This office has maintained a very good record on applicant recruitment, selection and retention,
Currently within the office there are two (2) Board Certified Florida Local Government Law Attorneys, three
(3) Certified Legal Assistants and two (2) legal assistants who were attorneys in other jurisdictions.
P,5 The County Attorney will assure that
training is provided to all staff to assure that the
Board is being provided with the best legal
advice and representation possible,
Cl Encourage employees to attend training
to better enhance knowledge and skills
Q Periodic in-house training for updates
and uniformity of legal performance by
staff
~
"....
,..
Self Analysis of P.5:
In-house training sessions are held periodically to keep staff current on new legislation, ordinances,
practices. and technological advances. All employees within the office are encouraged to attend training
classes provided by the Human Resources Department that will enhance their knowledge and skills.
Requests are usually granted. Some employees are required to attend such classes if the need arises.
Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective
areas of practice. The Florida Association of County Attorneys information - hot topics Web list assists us
with research, legislative issues affecting counties and legal opinions, Marjorie Student-Stirling is a frequent
lecturer on land use matters at Florida Bar seminars throughout the state,
04-COA-01016/473
Page 10 of 10
r i9flnda Item No, 9H
('I .,::...N'\. 11\:\,. y- \().).\.Odober 24, 2006
0\')'\' ,\" Page 48 of 57
FY 2005 / 2006 Action Plan
David C. Weigel, County Attorney
The County Attorney is charged with the responsibility of planning, directing and
reviewing the activities and operations of the Office of the County Attorney. He is to act
as legal advisor and counsel for the Board of County Commissioners, advisory boards
and committees, County Manager and his agencies.
The County Attorney through the assistant county attorneys and supporting staff
represent the County in wide-ranging complex litigation relating to implementation of
government policies and capital projects, eminent domain, personal injury, property
damage, workplace I personnel matters, finance and land use. The County Attorney is
responsible for policy documents (resolutions), legislation (ordinances and special
acts), and the drafting or legal review and/or revision of all contracts, real property
conveyance documents and other Board signatory documents.
The following Action Plan was developed to illustrate and review Board expectations for
the County Attorney for the period from October 2005 through September 2006. The
Action Plan is based on the broad areas generally expected to be performed by the
Managing Partner of a significant law firm, including: legal advice; leadership I
organizational direction; communications, public response and outreach; fiscal
management; and personnel management.
At the conclusion of the fiscal year, the Board of County Commissioners is to perform
an annual evaluation of the County Attorney's performance by rating each of the
following performance objectives on a 1 to 3 scale. The simplified evaluation rating
scale is as follows: [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds
Standards]. Individual evaluations will be totaled and averaged to determine the
Board's collective evaluation position.
Thank you for your time and consideration in this regard.
David Weigel's Self Analvsis Provided Here
Page 1 of 10
10-13-2006 12:42 OHIO VALLEY SIDING 3308932082
l~/l~/~~~b lq:~4 l~~~,(q~b~~
DU... UI'" r' .I. we;.
.--.-.-..
L 1 The o.n, AIiImIy WIt ",oWiI tiIrIdM.
.sw.. Met.....1rneIy r.....-ID IM*
wrIIIn n.. "'II~. frDm .. ... fII
C&udy Carmtlllfla-.*w. CoLny --.., 11II
~... MdIftlPlO1IlII
D CarnrnunlDIIIID ..... (wrIIen end ani)
..~.ClIMr IndconclM
g .....ww tD q......
D Advtae ~..... ..........
.......1Nn:IuIhtt .......
Q AdvIoI_.....~
Agenda AAGE~, 9H
Octobe~ ~OOO"
Page 49 of 57
l
3
).,
I-
Self AnIIl)sJI ~ L. 1 :
All ~ ha-. .,.., talked ..... Md hew aucQedlld in cone........,. commuMuIrtng In . ~ ..,...
Met ... rrNIt'ItIW.
Tn. Caunly AUDrMy 8nd QW 1-"..... CaI.Inlr ~ pn8CfwIlrm. wtIh... DMIaI ~ IIncI
CIt1Ifft Dr ~,..,. ChaIn 1D.....1hat 1h8r... rt[ IM"g IimeIr ..par.. III II rtIqI..~
wMhr DnII 0/ wrItIn. ~.IMant Caunty~ WiIMm M.in\fald hM ..,lIli1d In U\a ......,..."t GftM
AootdInt ~ RafucIIan Fa................... ~.. NIk ~rn8f1t. ~lML TNt
- Mo .... In communlcalbw HirIg.....ta ...1IllDme)'!I........ ,..,.,. then ,.,. of ~ or
iuu. .0" "~I-.. em WlII'1c wtIh ..." .. tInIIlng ___ ID 8ahIIwa ......
n.. twI8..... avw 1.100 ~ fur ...... ~ "'O~ll J ..tram C>~ 1. aooe thra9't the
IIOand ~ In Augult. 2001. ,.... d.-. nat 1ndudll1IIIIipta..... ..".ftld ID .1Ik -. quick .....JIDn. or to
respond fa . public I'8ClllIn:Ia qu.Hon. It 8Iao do.. not lndude Itmt tpent In aCtendtnQ ICI*SUI8d mnan~ or
--.. dlpnfte.1l pertOn whodnlpl tJr... aIb ~. .
When fne ~ d"-,,, It" ........ br8nGh. .. County Aaam8y UI8d..........
oppcn,nlly 10 II'IhInce.....1D Cammunlty ~pmWIt"'" n ..1Nrd 1hnM.V1"~ fI
otMr iUil*iIneM__ nwn.... '""... ~,~ ctnugh . quIddy ~ hirintiI plODI.. n
Innovdonll rneMgMlent c:h8in of c:ammMd.
.........11 eaunty AIfIDrnay....1Il TIeOh h8I pr&MdId ~.1C8 8I1d....,.,. a.."" a ...CIIff
wIIh Ng8nIID EMI unDn GDlIhct MgDII8Uana.
L2 't'M Caunly AIIamIy'........ III
~ .. pravIcIMt 1M ~ .......
......nIIIIiGn ... "I~I LlIlNllrl"llo
Q .... ~tm fII.......... .....
.....
CI .....,. ....IlfIDn 0/ outUfIt ........,
...... In .,. I fL ~...
g W"1lhaMn ftIIt,4~", ClClfMUtIClltNln
......... .... pIMa 11I1 ..... .....
III ........ wrIIIn _ .......
...........
Pap2allO
1-
I
;;....
10-13-2006 12:42 OHIO VALLEY SIDING 3308932082
~U/~LJLUUO ~~.~_ ,~~~,,_~~v~
A enda~Ni>, 9H
tober '24~~OOS-
Page 50 of 57
s.tt """.1Ja all L.Z:
I" the NIIpln baallpeed CIIH. great alllntlon W8I given 10 the preperetlan Wid praantat1an In .. phUM Of
diaaDvery end heIIrIngs by AMINnt Cou"", ~ JlIfl'nIJ A. KIMzhaw n eoa.n M. GrMM. COUnty
AttorMy 0fIIce hila wwk8d WIll Nth the ClhIrter DaIlt 01'" In lNI CIIU.
The CGuntt Ateanwy om.. _ wry~, ...__ .. &a.cd Ind County MIn-.r.......1n
..,. forrnW ~ tiUgIDan _ ~ whent in aane inRIn.. CIu1tr ~...,. -- auea
lndIvIduelly or WIllI,. MIrdvIcIuId eo.d memtler hu DMft ..... . 8 cIIIIMGInt. the MlIIlIIon cI 0UlIIIde
eDUnael 1'1II1 a,.., dllWmlned b)( Cammluianer chalC8.
County AIIorIMIy 0fftcI '* CMIUIIy ~ IhIIde mMIinCII'" ClQrTlmunlclte ........-It omn end en..
IIIgIIIDn IIInII8gy W11h the Ba8rd.
A..~*-'t CaunlJ Altum. Heidi F. AlhtDn n ENen T. ~ hMe PfG-- mlftr em.... darnMI
I8WsUItI au ....... '-Inecqutmg necnllry.-mlntl for ,... proJlGlS Iftd prapiIrd.- far .. ........
",.. .......,w 8M their ataff...,. wartred quIc:tdv end efIftalIntfy tD ..... 1M COl.Itly .. 1M cItIDnI
..... flit Iftd ....... ....
A--..nt CGIfty I4IIIIIn16t w.-n E.. ....... ,. wortcM dlfgenly wfttI the NIt ,...........1 ~
to d..-..cllhl Cow1lY'" ctIllma .... mIIdI. ...."rauuh llIIgaUon or ~ ptOeI..... He lII1CI ....
.lafI twve.. up pI'OCIlCh.n8l1D --.u. that c.MI ~ ~y. ~ .-.d ~.
L.I n.OcuItr~~_tD
IaIrdICouftlY MIl-. re: CaunIy IMI.-'"
.......... ......
1:1 ....... ~ .........
....., ......... wring of_.....
IrIIIIdWIIIId ...; pII'I~>II ...
~tIIICIIIDn .1DaII....'III.m I
.... 11III'I Jd .........
1
a AuIam thII 8a8rCI1n FIarIda AMacIaIon
d CaLIIIII (PAC) tnIIIrI: .... fN:, 'J
......... ~ In..- wIh FAD p"-
.1* .1r1ClhdII- Itpll'lQ
T--w.. nll'ClUl1d-l1l.-
~ -...,... '*'........
ID PAC.
s.f An8Iy8iI d L.S:
ThII PMC ~. .. Coun\y AaIlIrn8y omae... mGlIt .w1Ctlvlly MlIIIIII:I Iftd coorcIInIIIIG WIUt thllard.
IndIVIduII CammIuIoIWI. the County MINIgIr end "" ..Igned ....... 1Wf. "'1I18RY~
...... ,... aauntr ~NMnt ...... CaIIIIr Count/......l. The CGunly AIIotMJ hM Ihown
.... Mllla)'to ..... GUt ~ ~ M ht tleGIIw... ."ClMO \eweI" fotfnutate questir.lN 8nCl
...... to beUw ......... ..... In preuIng .... ..... wiIh IegJ ',.. end ..... .........Mln. aaat\ .
the De.,.......... d Community "",", AI"'C Count)' Nt1ImIt:I Jeff t<IItzkow end the county AItamey
heve wartwd aIoMIy with ea.nt n.nb8rIMI flAC lD'" .,.". 1M bait .ub "I.. (:ounty
Atfamer ,.,..._... --VII..,......... If1tttwIllUc 10 .... ao.rd ~.,., C~
_....__ nvatlng to ~ ~. __........... numerou....to T......~... The
Caunty AltomIY prtdII t'l1mMW .. .ftna wondng 1"IlI__,. wIb our .~rw .I.JItIcr', II1IIir .Idee, ...
the aMen afltul FIorfc:f4t AllacIatIon 01 eounu.. _ well _INI FJorfCII AuoMitlon of 00untV ~
8L1Gh rwIIItIanIhtpe bUll eMf' time Yttth IIft'ort Ind DCUtIlOUI ..-*on hit -'"' wll -- thIIlkIIrd n the
Ccutty MenIgIr wtth ongoIrlg 8nd "IW ~ INUlIn .,..,..,
Ptal3otl0
10-13-2006 12:42 OHIO VALLEY SIDING 33089320B2
- -. - -, - - - - -.. - . - - - - . . . - - - - - - -.. .
Agenda~Ni>. 9H
October 24,2006
Page 51 of 57
LA The County AItamer ..I.... the
IGIrd or .. m..... to ft'IIIke NItJIIrtfJt
a.n.w apmlan .......... Dr ComroIJIIM an
EIMI apIftIDn .........IIIIInfOfm.....
of IMI'IMnt GPInIan. ... ....!Mr. ". eaa.n.,
~ ~ v......... b___
plNdM I'IIIIInI to ~ 1'2, PM Ira.
FIoftIM --".ow.. .. Caller CcuIIy....
0rdNnae.
c CammunIallDn ... (wrtII8n - cnIJ
.. ......... ... MIl aancIIe
D ~ fD..........
Q Ad............ ItwIllUel
,....... .......,~
Q P.~.........- prau{;ft
",lIM (ri"~__).1
paN..
;t
)..
;t
,t
Self ~ of L4:
The Caumy AtIDrMy .,d Autltilnl CcHny ADamIty MefjDrte studenIoStIrIIn heve &led upon Iha ~ 01
the Chmn8rl ... the Bawd for teaaI aplnlana cIIInv 08.. .. to ...,.. Ihe bra In HI IInckIIe dedllon
milking. AddIb ..,. It-. Caunty AItIarrI8r hR provIdM .. CarnJNuIcNrIIrId at. County...... wfI'I
. hIft% auatarn ....nce boaIdat that ..,...... 1M ~ ",...._ 8tMrd IMlHJae _1IbII (I....
zanII1Q. PUtrs. oanes.... ... _ ......, WIn.. ....,....- ~ ~.... _ amartlyfar
I10erd deallfan rrHIIW1g NGMInCl---. l'he", rI.... m---. 11)''' CaunIy N!tIIrrrIIt" ...,
ta ~.. -..v CM 1oMr.--. fQreM 1oIrC'..... _ further *-"INn" ~ GItha
BoIrd'. dlCllian In .... riMY .......
TM Caunty Aaarn.r nf key"'" .ltamayt__ wariaId aa.1y wttI ea.n:J memberaln ~ M""
to ... ....... .. providing ...... tNNIM upon..... MIII)U ~ expert_lOt in ___ _, 'I'M
CcuIly AtDTl.,-..s enw -...m Coumv /ittIo,...., hlIVW vlgDrDuIty ClDnIIn&ma 1M CcJunay A1IIaI'Nfa
prognn rJI educ8Ilng 8dvI8ary curvn-. ... "'I~ ... lie publIC an lie Qcwwnment~
Law, the Pubic Rw:crds Act. IInd .... 8nd IocIIIdlJcs..... The OIW AIUIfMt County AtIarMr' eonIlnWI
ID .....,.. .... ..",tnn IftCI .... WDrtc wIh l!IhIca CommlIIIOn ...., ~ tD pnwIda aptIIDnI an ...
--.
COIIIlUNlGATIGN. PUIIUC RDftOHII . ~&.... ....
c.. (InI8nwI) on. ~ AIIIameJ WII DII Q Pr.-..-m _......'..,.."..ID 2-
~ II>> ICUrTt., ... ..... aountr....tG ...,.... CDIM1I wortc~.....
,..... ...... flllIaIl.... _ (p--dIa Ira to IWduaI aauntr UIbIllr
.. ~.. tam wart. _ ...ro.,...d. a PIHaIve ,...4-IchWan I ~ l
~....:= pnJlble 11P....v'TT
Q ....... .... fA canrnunIDIIIan J..
.. CaunIr ....M, DtvIIian
,............ olJ._~''''wl
Di_~.
.....4 allO
10-13-2006 12:42 OHIO VALLEY SIDING 3308932082
AW___/_~-_ - ---,
Agenda 1PA'GEN<5 9H
October 24, 2006
Page 52 of 57
Self A"Blysls Or (': l'
The COUnty Attorney aontk1uN . proeetiva, pravan.uv.. .UGIItiVli appfVlIOh . ..1st In recIuCInIlhe
nurnDel' ~ leglllluue ana ........ n ht MnJMGe. CNII M*tIIm CGUmy AfIItrrttIt ~ Pd*l.ncll
conIh.1e to deVC* num""l haln ecfuc:.lfnO emptaveM an the do..1II1i ..,'ta of the .... 0...... ...
CouI1I)' ~ paIJd... SuIWJN Law. PuOJJc Re=rd. L.IW. and l!!ttlca paIIE:I8L Th. 8dUC8tJcnat.
Idvltoty prlCllOe II dellgned to reauoe or Illmlnlle queI&tonII end fN'Dl*lma that might athet'WIM ... In ..
.".p1.a. The County's rwcord far public reaardI pradualian end .woJdInce GIS"'" Law prabr.ma
If*Ib W8I to the County AIorner" .... _... prIlOIIc:et d 1M Coumy IIIIft' ~ III 1M ecNc:dan
Md edviDe or 00UftHI. Thlll*t ~,.. ~ morw vaIUmInGUIlnd ~ pubIID l1IODRIa ~
thin .... DIfarI ~ .. Caun1y ". ~"- mild _It. ThtI puett."... c:onanu. (n ..... of fJuDfio .....
~ce _ relPOndlnl to pubfc reGOfdl ""'....., .... 01"'" .. ~. oamplex .nG fIIqIIn
...-ch rn:I produetian fn:)rn aawral ~t.I, ea.ns rec;ocd&.lftd __ divflUIocatIana Inctudlng
8tChived met8rlIlI. AJ the ~ --.r sllllffUl1her ..IIIP' ,.... ~--I- ~
~ ta P\MG ~~ ......... ,... ... ~ t8f8nIIan polIc*I. It. ~ MDrMr....1lClftInI.-
10...... to IICNIve NIponeIve .. .......~....In the publIC recorda _.
County.N\Dfney otl-=-... wurl\ed wMh iN Humin ........ o.p.nm.nt to update the p~.net
"...... ~.
..... County M.I~~ pericIdIaIIIy,lMIIt WII1 and tnlin....."..... an ~ .. wIt-'"
u.n fa ~ ~ pMonn their'" fI.NIIl:N .. ..uca It1g11I1IIcIIndfar CDLdY '!MIIly...
_una that ~.. ..... of CI.IrrMt.... or "'" In IMIr -W*l..... The ChIef AJIIItMt CaY1&y
AIkwMy" elM conIbMId .....1nI1M1e far ~ rn...,.,.1n 1M ~ ..... to __ them i1
....tit)1ng n 8WIdfnQ ~ oMIimI and .,.~
c.t (tnI8mII) The eouner..,.,.," ..
~ tEl ....GOIM'UIIIIIItwlh..
~ ....., hII DIviIIDn MM.....
lAd ~ anorore.-..
~ om.. to ...........
apemIIaI. ...-.n .... ......... the
IIoInf dCOlIn\' Cammlulcmrlll'e .nr.cI<I8Iy
~.d.
CI p.~_........._.~
.... fD .-1In1 or..... ---
or..lw........... rI'-
a Mtiafllln ........ WGItCn8 ~
with ~....... .."......
CanaIIIuIIcIi'I om-.
~
~
Self ~1I 01 C.2:
The County AJtMM1i MIIJot CNlIf All..,. County AIt8fNl)' ac:anIIftUe fa, .-nd the ~ ....... 0MIIDn
.wi meeMnQe in an eItort to mafntalrl efIIcdIrll. lIIfec:llvtt warkJng teIatIonIhl. 8nd be ... fI " .Iues
hi may be an the hat'IIDn. 'me Caunt~ ..... _.....t Cout'dy ~ IiIo 1IIIIIIIInd..
~rtrnent Dil~'1I18IIIinga 01 the , u.... ... COmIftuftItY De\relapfMnt end
~...... DfvfIIOnI. .
~. the CGunly A&tarn8I'J and 1M ~ ,...,t County NJotMy hINe met. dwrtng tt'tI yar wlIh 11II
dIvItIon lIIfmi1i1hUana, ,. AIrport Aulftarly DIreaIDr. ..., "" C~ ... .... AI..... CaunI)'~
rou*'-'Y meet wtth ...lgned d~ dnatcn '" ., 8IfDn to .,...,....ty ........ tn8t ... .. bllngl'Mt.
c.a ...~III) The CGunIW AIDInI1- ...
lID III' alii It ID I:M~ .......... "ibe puIIIIa
Ihraugh puIrIC............,..,
........ prtIi IfICIIllctranID m....
a ~...(.-n Md_)
.. .dbIIMI. ........ --..
g CrxI'IIr NtIItntrJ '...........,.... ID
..... rnIlIIIngI_ or nJght III ~ Dr
aut In" ~_fWlUMtIId.
J.
.~
..... 5 .10
10-13-2006 12:43 OHIO ~y SIDING 3308932082
4VI.LI'UUg ~~.U~ ..w~',~~gU~
~ WI 1 .."'^-
Agenda ~6 9H
October 24;'2tJ06--
Page 53 of 57
8efr' AnI!J)'!l. or C,3.
1M Count)' Attamey and AHIItanI County AItGm. hew......., ~ ~ ml" ~ wfth
.. Dr canm....... IWentJu med1gI of ..., CilDr11rn1&111. ., town hill ,.....,.. KMdufed by
cornmII8Ianers.
The County Attorney la am Involved .. ., afficer WIll h Flartda,..- tjJIIIlQn of Caunty ~ 8f1CI
ac::cepta Invitations to spNlr 81 meetings alkJeaf organlP.8tlan.. AtsD. Ass'-t8nt Cou~ Anorne, MIN'jorIe M
~1nII condnu.1o KCePI: Invttdona to ~ ......,._ fand U" Mm'nans far~.
C.4 n. Countr McmIIywll ... .. lalII rI.
.........Ih. ... D.....,.. the.....
public" ...pu.lCIId ID In .1ImIIy Ind....
mannw.
Q ~ ID CCIIIIn1UI1ilIe ........,.
tIGtfuIIr. ...........,1
g P......ID,.....
~
;L
..., AnIIyII8 Of C.4:
Th. fdlowflnOla tho 0h0tlCl0 fA Ih6 teMc , IIW. spMkIftg to the 1m.,...... ~ ~ in "'*114 2.0&*
TImely, hefpful "',pon,e to th. pubflc isa hGh priorltywtlhfn IN amc.. W. hMt esl8Dll!lhed . goad I'IICOI"d
n 1I!pU\ItIon lOt pnMding prampt, caurtIaua, ......... iD quIIIIane _ __ ttwt.... tram the pubic
.... retItIng fD OCIUnty matt8ta. n. amr. II IIgnlfIaMIy ~ In ...lJltg Bon and County Man.IIQIIr
orne. pubIiG.... ~ Met iI MY ~ fJ.f Ihe __10 WOtIc "'1Ie applDpIIIna ,=-'IiU fa
prcMde pranpt, m:uac. NIpOnUI. Thra II." ..... f ,..... .. Ccutty A&Iarr-r ..... by
......11I) communlcetinQ with &he .......tar md lie..... ..... by.at ,.,...... ~ Ul8
pRIJec*"" ~tg ~ao.... The ~......... IIIc. fer..... .. arftRI CDmIMnL
AdG1llDn8ly. when our aMce ,..... . OIl 01 VIIIt t'tan . nwnb8r tJI the pubic .... our of'IIaD II nat the
correct otIIce. It Is m~ patlcy far our ~ .., IUPPDrt I"" 10..... IN caler wtItt 1M .., III atuIn the
- Dr n18U . tal far the public to _In IOmIWI'f MIl "our atIIc:e 1Ift1. In . poIIIan .,...... 8ftd
C*t8InIy not prVYidtI c11ent-trPe Iopl..... 1l'5. tp d pubIIa rIIIIIan .. eM ching. the.... maad d
eorneone~. QOd.en -.. runvcutd- aanI8ating gavernfMftl omc..
II .,..,." .......
F.1 n.:t. AIDINr......... M C CampIe ... ....,. "..neiII. ;2,
.... budgIt .. om. '" the Ccu11J budglllrt. nt*U ,~ dIda..,
,..,.,.. wi. pru...~ 10 tM IoIrd rA prl.l.. a 1UIlJL. oom eft'8caNe tauigIt
c.ny CoIMlIIlloI.. far ..,... WldllflPlavlll C AIIIItr tD ...,.. In ..,... pay .. far 2..
1hradI" budgIIt rnceu ...~ bytnl the OJID filM Caun\' AlIaIMy
ccu.,-....
P.., 6 fit 10
10-13-2006 12:43 ll-lIO VFlLLEY SIDING 3308932082
.U'.L'LU~g ~~.U~ ~~~~/I~~O~~ ~w urr~w~
AgendaFPAliEf'i:>. 9H
Octobe!f'N7 200e
Page 54 of 57
SDIf Anillyail 01,... ,;
1118C111 re.panslbUlty Ind M11.."alyad, c:aet-tdltlatlYe bUaQltl hlYl bHn . bUIwIIrk of.,. CountY Attomey
for mBny~" I~" are ~1Id ~whIn the..~.... of _" demIndI dlCll18
IIddlfonlll rwaurDII. Ttw goal Is tD provIdI .Ikwd will 1M mom etftGiInl. deGtMlleQIII ~
paRIbItr, lhe ........-menll .... wiln 1M CWIC MG .JuGge MWIIV'ICI tlI~' ........ --
lime end aDUlt tIrM In .....1MnI domain CllIMI. W. do rno,. with .. --. .. Clan. ..c111Ch111ve ~
along 1he way. e.xo.pt wh.... .... m8ndalu haq required b~ ~. the Co\Inly Aftuma1 0
hal followed .. nMIt..... ao.cr.lludgtll.....
F.2 The County ::::I.wI..... tMI ChI g Audant 1dmInII__ or Caumy ~
budget for.. 0IIIaI rI CGun&y M"nW/t ill Mar'nly0fll0l1luctgll; ~
"'-:II"" ....k1.. ",_ end.. loInS II...... ,.11I.....
inlw..... on any~ 1NItIIn.n.q Q ~ fn. prampe.......,"'" ~
Inughout .. ..... ."...._6_'1__ ttIIIt ... dIn'Ig
the fIIGII VIII'.
&elf ANiI)1IIe or ".2:
flly reooro ......, my ~ .pprow;h ., ICImlnlMrldiOn of ... CowItJ A.UIorneY' ~. Incn."
are BOught only In anordln8ry cInlumnIncIa. _118ft ontv when all.. avenU81 ... .,. ...'*'
I've deveJaped . ~nI ,..,.,.,.... c:arnpc:nM11D Ihe DIJIcIt tM:fgel Wh8n WClI'V1y Iuu_ or lnIIltenIl ~
~ 1D inbrn .. aIIIInt ..... I carnmunIaRt with N B&wd ... dllMQ lie tJDIwd mtIIII8ng or
..~.
,.3 TlII Canlr MIrnIr...... thai..... Q =:'ID ,,"1Dill ar.. 'pIIJ- )...
___ GIw fNnciIg m...... 01." g ......... IhIt IhI
...... .. ooordIIllla1i twough IhIi ~ __hlwebMn~___ A.
MIl..... Qerk, fINnaIII AAMIor.1Iand (band ....)
CaunHt. .. DlIIdoIurI CCIUIIeIII (the a DernanItt8l8I. ~n,.."""1Ya )..
....,..,. ~ ".... ......,,....,
~(...__..
.~Jn
.,......1I1d GkJIIngI)
ad Anelylla of F.3:
The nn.nang ...... IhIIt oome to ..it oIIIoe ... rwponcted ID .nd ...... tn . c:oordInIIIId m.... .. II
:::': (Cerk. ~ MVIeor. Bond CGunaI. DIIaIaItn CGunIIt Ind oauntr 1taIQ. /fit IIIIGmIy In
.. ....... ... ........In .. I=IrwMa eamm.... rnIIDngI. The Coumy AteDrMr.....
snd provldll clDaUmtml revl&lan oornmen.to Band COUnMI. provldM . county AIlomav opinion leIter fGa' aD
bond.... The CounIy'. ftIClII and II.... nnACtiDnli In !hit ... hIIVO been 8C1a"e''Il''\,d. I'DUIine and
lIIVIIIIY ptQftdlnt. If. either done right 01 hi "'"'"D. We do It right.
hp7ofJO
10-13-2006 12:43 OHIO VALLEY SIDING 3308932082
~~r."~~~~ ~~.w,
....-.. ..............
.~
P.1 The CIuItr AIII:IrMy" ..... .....
.. ....101II.. ~ Mlntlllhlct..
.....~ DOI'IIIU'I""
IWclughout .. Caun\' --.,~ 0tIIrII.
g ,...... G~...... gDIIII
Ind """1, ___ MCI MWlft
CIfIII' ~ r .. 1II'aIwr.......
MU1d Wc:IIIanL
Q ~ vi fNl("lgNMnl r.ohniquea iD
.....1IIft....,..... ~
poIIOtIIMd ~ to control QWIIy.
~, 1M......
Agenda IRe6ENC. 9H
October 24, 2006
Page 55 of 57
~
'-
Self AnII~1I of 11.1 ;
Cou~ AIIamIIr oantInueI to haIcI blWeeldy omc. aWl' rMd1gI tD ....1IgIII1da melIrtIIIlnd .... rw
brd ~. .".. .. rwew.1IFId *- 8ncf make new oIbt ...On'....1I in . gtQ.Ip tetHno. wttenr
~.
Project.. __11ft" MelQnmenIl .. .....1MRU8nt to the parIGuW 1lPUlucM4 "...,.. Met ..."... 01
Mch diOI'My. -High prafiW' ........._a.. .... upon ~ ....__15 or tile clint (ao.G. Counly
Manager, DMlCon Admlnlafrafor5. .) 8IV1Ior bv the Caunl)' ~ 01 Chief ANlef.Int. who nIfINn .
-monllDrl"l"lIIdvIIor8I paeiIan or.. r 11'._ county ~ _ .........
ThMt a..t1l1d other ~...,... ~ .. 8Pf*d tD dMIrrnlM work cIem~ feina. in
...igI,.,..,1 Ind...,..,...... to BoIrd 8nd ~ .... ,..... '
This ~. eftsr the ciIIpertln 01 two M'- County AIDm&JI end . legit ..1t18nl1a the priVIIta .....
1M ~ ID meel ongoklg Md fuluN COB.....,.,.. wIU\ ......... ..... .. CMI wIh
.uocon. The G:f'eIIIion of the MenIgIng ....1I1i1nt County AIIImIy poeIIIon WItt J~ KIItIkaw lit .. t.-n
8nd Ihe .ucaufut hIrw or ANi8t8nt CounI)' Anam.y ,wrWr1ght ~ the find UN ~....,
apw'lIIIan of the Caunty AtIarntJr 0III0e to ftn:tIon mare ~~{'..ur with . higher.... at .... .. .
IhorIer rwIPCIMI tIm..
P.2 "..... ollila 8DMf of County
Carnm..ra.... ... CaunIy ___...
~ uncIerA.wd Md pt'OpIr ....,1Itmra '-
pnMdIId"''' CuItr~ 0IRDe..
PIftUlt tA ..... .....
a ~ ~-.n allIIi&IW.....'_" IKI1nIq&M CD
..........".IR~ tD........
CIIIara
c:a GuIde Iftd cIract .,." to IMIdrnIra .....
~... eIanr.....
hplaf'lO
-. ... -..-", ...-. .,-...."'-....-- , . ,- .. .., , .
~
^
10-13-2006 12:44 OHIO UAlLEY SIDING 3308932082
--. __I ____ _.. -" ----. . .----
Agenda IFl8liE~. 9H
October 24, 2006
Page 56 of 57
Self Anefyslt of ",2:
AI noIed ...... . .....1tI Counl)' .,.., Offtoe with . ...., of Ihr8e gong dor.,... ~ KIIdIkDw.
...... M. Swca.n~8. JfI/I WrIgN (UnII ~ ... GrtIfIn)" IUPPO" ._......, to "e
~ DIvIlIoprMnt MCllnvlr'Dirnnli ..... D~...... the BaIrd Ind C~ MINger In
~ thllir object1v. In tmlM'OYln8"- OI:lU"'fallb&l\J to manlp end .-..pond '" r.nd ... ~1I.
.wi querlM. fGny .~ ~.. aIb....... ~ In\ioIwIf rn moet...... of"- (J
M8nagement "... IIf1d P'oJ-* (f...1IIIarneJ warklhops, EM. e..tem LendI ,. Rul'III Fringe. Growth
....,....t Plln.lAnd ~ CDda. ~ ConcUrNnCY....., Trln..... ~ Qevlkapr'lW1t
...... CammunItV Rldtv..OPl'_....... and )wark8d an In"e county ~ ....cy.
-...... ttne 8ItarIwJI m.1IIanecf .... ouwa .UGh aIM Ccu1IJ AttarrMIY, ChIlI ANII_ Caun1y
Adomey UIch&tII lII_atIt Aaalatant County ~ Thom8I ~. J.....,. H~ and CoIlMn
0....... ~ IrMMd In 1II'at-1'IIlQIrIt fram hWI praftllland UIII __1UGtl . .........
condlllonll UIII. left HIn1I Aal clllmllUch .. VInoOIv. Cocot'll\Qh... IE.. .nd baellClllld rwQUIItlon on
NlJplelBey. end ",Ic:Ing-ivM/ng PtIIt.n __..MICIIton *1tur8 will .. ...... ,... from ,..,.
__10 flnI dlItnd MNIce. In"" of .... -. .. Caunly AImnIr 0fIIca .tIDma~..1IIIIIIIIt ablff
... __.., tmIIIy.. '.tld... ~. .. 0NiIb'l ~ __ tne"" mem&Iln WfIh
lie IegII ~ that IhauId ~ and ......en In. C..n, AJ.omwf Offtae.
The foNgolng InfDrmIllan andlMl" ....... EthIcs end Sunllhlne Law work dlleu.1d ..... .. Iu.....
IhIIlIhe County Altom-r hila been ..1nIiIgnII.-t of tIw County -atealG Ga8l to Rebuild end .........
Public Tnat.
1.-,
P ,I ThI County MarnI>>' wit ....1IIt
empM)'" .. p10Mdecf fl-t"-.MnOe
~c-....INS~~"
......-IDW'lhInca ~.
Q PloMt II1CIJLI'IIIIII guidanDllrId
.~ to...... .Iu wIh f8l&RllID
"'dIIrIl~_~
CaIIatq, GaUMIIIing.llS helping
..,..,.... ---- lOb pn:IbIImI-
dad'''' ..... ......
a Ill... ......... ...... and
dIIIaIIIlCIIII. .............. IWlIrd
.....;u. 1tII6J0I..... ........
~...
;z
I-
Self AMI,.. of fltoS;
Adtan ,... .. deveIopIId will Iliff ... ....1MIIutIIkn .. daM In .. unmer MftUIIfI,. In Idd_
eo...... .",. ~ .W'IIIuIIUcIM. mlltnp .....,. of mrem~.' ... ~ up .... ........
...... .... per)WW to"'" ...,. ~ from ...., end tD ___ thIIt N,. II I mutual
under'II8ndIng of .~IatiGnI. Fran thIU mllllnQl. Im~ ~ coachInG ."dlaI' caunIl8IInQ. to
_118m In ~ th8Ir~ 01.... ancIproIeUIOnll~.
I 8Ieo ~ .. ~ daar paIIay InS ........... people to..... .~, ....1IIId OOIamI. The
"-' Id8u rw fnnovIIINte oh8nIe 8ftCI Of-' ~ &Wilt ma.. atrMng '" ImpnMlllfftcllnclllll. marIIIe.
.... .........nIM of the omce.
P.4 The ec..n, AIarnIy...... tMt
IIUlil11ft1d IIP~. .. ,.".... ancI .11. c:1iId
""........... --.....,
n,.... dIitIofi.
a UNMrliWdtg cf.............
1IIct.-.-
g ~.....IIIf....trIIIiDntII
..-Iftd MI.
g 1<nowI....,..... ~ rdJtl,-,g
PI!.-' or 10
J-.
:3
~
10-1~-~.1~:45 OHIO URlLEY SIDING 3308932082
Agenda R~d>_ 9H
October 24,2006
Page 57 of 57
. .
Se'" An8/Y'4 of P.":
9tMd.,ds .. I8t hJQta thrauaft Jim delcrlptlona to 8I1IUI'II1hM the mo.t qUllllfted .,pflclnls .. recruited and
'111CIed. Thfa omce hie mefnt81ned I WIY gaad ...-d an _nc.nt rwullment. ''''~ ... ret.IInIton.
CurrMIIv wIlttln the Gft'IGe ... ..two (a~ .... CertHJId I'fDrfda ...... CcMmtnInt L-. AttorMyI, dne
(3) Certtfred LegII....... ..., two (2) .. ....... who... '''''''In oIher J~..
P.5 The CQunty~wII__'"
~ fa proWIId 10 1tll1te1f1D enure.. the
loa'" bIlnQ ~ WItt .. belt....
.....,d ...nlllUDft "J,*,
CI enoo.nr.- ~.. III..... ~
10 .... ..,..lNtrAe. end IIkIII
CI ,.... ~ ....,Ing far up...
end ~.,r:A..... PllfarmlnalIIY
....
2
^
Self AnIIIyIiI of P.5:
lrHIouae InIIning "'~.lI" ... held ~ 10 keep ...., c:urrIlftI on ". ~, orcIIMnaea.
PI&1IaM. encIllGllflDlagialllllChlW1als. AI -.n.,.. ... the ... .. ~ ta IIIIIInd .....
;111.. pruvilI8a Dr'''' Human ~ ~... ""'" .".,..... kncM1._ _ tdI.
~... .. UIUeIIy grenWS. same~.. nIqUIIwd ID lIU8nd ...,. d... "1M ........
Ntanef5 nllegaI.....1a aI8D PIItiC_ it profIHIonIrIlnd fllartCllBlr -.mn.,.1n IhIIr ~
I!Ir88S or prIICIice. TN FlOIkhI ~" Of COunty AIor.~ lnfc:InnaUan - hot topIce Witt lilt ... ue
WIth ~. IegfsI8tIve ....... .rr.cang GaUII1iea and .. opIrUona. Merjor1e Studer........ III . f'reQuInt
JIIc1urer on '-nd ... ~ . FIarlde a.r ..rnJneraIhrDughout .. ..la.
~ID11M1J
~ ~ t1:.M. ~7 /h.J. ~ ~4.Jeq t~ ~ ~ .
. I
.~ r.A"JUr~~ ~ ~ ~:>.J we-A<- n
. IJJ~' -t~ ~*~_.
-I4~d..tM.~~~hJ~ ~ -,1--'- - ,
· L t_ -J.J .. .--H_ ~ ~ ~ t....rt.Q
~~ ~ tL':1 /,<< ~ dL~ ~) I~-t. .
~Ao' . I ~~1:k.:,
Jj,.. ~ tkt 4 -t...; <t. b.x~ -. ff
t p.......4,7k rx ~ ~ 1.Jc.~ ~,7;.4t;. ~~~
, . 7 ~ I ~./;d;;." ( vJ~;u
.Jm v.~ (., ~ I j- ~ ~ ~ ~ -1-( '" . . r- - .
~ 8<kL ~"';r 7:; ~ 4 ~ ~ i.;.. r~ ~.
PIp 10otlO
Agenda Item No. 91
October 24, 2006
Page 1 of 11
EXECUTIVE SUMMARY
FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER
PARTICIPATING IN THE MEDIATION PROCEDURES WITH THE CLERK OF
COURTS TO RESOLVE THE CURRENT CASE NOS. 04-941-CA, 05-953-CA & 05-1506-
CA.
OBJECTIVE: For the Board of County Commission members to consider participating in the
mediation procedures with the Clerk of Courts, at the Clerk of Court's request, to resolve current
case nos. 04-941-CA, 05-953-CA and 05-1506-CA.
CONSIDERATIONS: On October 6, 2006, a MOTION FOR REFERRAL TO
MEDIATION was submitted to Dwight E. Brock, Clerk of Circuit Court of Collier County,
Florida, from Jacqueline Williams Hubbard, Assistant County Attorney, Collier County, Florida,
on behalf of the Collier County Board of County Commissioners, et al. On Octor 11, 2006,
Dwight E. Brock, Clerk of Courts, responded to said motion with the following summation:
WHEREFORE DWIGHT E. BROCK, CLERK OF CIRCUIT COURT OF COLLIER
COUNTY, FLORIDA, respectfully requests this Court direct mediation to be held with the
participation of the entire BOARD OF COUNTY COMMISSIONERS, subject to Florida's
_ government in the sunshine law.
FISCAL IMPACT: Some additional fiscal impacts beyond the usual costs for mediation may
occur due to the required public nature of the mediation, e.g. court reporter costs.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney shall take any necessary steps to provide
for compliance with the Sunshine Laws and other applicable laws as directed by the Board.
RECOMMENDATION: For the BCC members to agree to participate to mediate settlement
with the Clerk of Courts of said cases.
Prepared by: Commissioner Tom Henning
,-
Agenda Item No. 91
October 24, 2006
Page 2 of 11
/:::?"\
IN THE CIRCUIT COURT OF THE TWENTIETII JUDICAL CIRt{fi.h
IN AND FOR COLLIER COUNTY, FLORIDA - CIVIL ACTION '- (::)
~
DWIGHT E. BROCK, CLERK OF CIRCUIT ~
COURT OF COLLIER COUNTY, FLORIDA,
Plaintiff,
v.
Case No. 04-941-CA Consolidated with
Case No. : 05-953-CA &
Case No.: 05-1506-CA
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS EX-
OFFICIO THE GOVERNING BOARD OF THE
OCHOPEE AREA FIRE CONTROL AND
EMERGENCY MEDICAL CARE SPECIAL
TAXING DISTRICT, A/KJA/ THE OCHOPEE
FIRE DISTRICT, a Municipal Services Taxing
Unit pursuant to Section 125.01(l)(g), F.S.;
LINDA T. SWISHER and PAUL W. WILSON,
Defendants.
AND
BOARD OF COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, on behalf
Of COLLIER COUNTY, a Political Subdivision
of the State of Florida,
Plaintiff
v.
DWIGHT E. BROCK, CLERK OF THE
CIRCUIT COURT OF COLLIER COUNTY,
FLORIDA,
Defendant
I
MOTION FOR REFERRAL TO MEDIATION
COMES NOW, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
(hereinafter "County"), and respectfully moves this Court, pursuant to Rule 1.700(a) of the
Florida Rules of Civil Procedure, for a referral of the above-referenced matters for a one-day
mediation before a mediator approved by the Twentieth Judicial Circuit Court. The trial of these
Agenda Item No. 91
October 24, 2006
Page 3 of 11
matters has been set to begin on November 27,2006, or 52 days from today's date. Counsel for
Collier County does not request, by this motion, any continuance of the trial date. As grounds
for this motion, Collier County states the following:
1. On September 29, 2006, the Court bifurcated the trials in this matter by setting the Quo
Warranto action, Case NO. 05-953-CA first, to be followed by the Clerk's action for declaratory
relief in Case No. 04-941-CA.
2. Mediation may resolve the issues between the parties or serve to narrow the issues
between the parties.
3. Pursuant to Rule 1.720(f) of the Florida Rules of Civil Procedure. within ten (10) days of
the order of referral, Collier County shall endeavor to enter into a stipulation with the opposing
party to agree to both a mediation date and a mediator.
4. If a referral to mediation is ordered and a date set. and the parties are unable to stipulate
to a mediator, the County shall so notify the Court. Upon such notification, the County shall
request the Court select a mediator from the list attached hereto as Exhibit "A" pursuant to Rule
1.720(f)(2) of the Florida Rules o/Civil Procedure, so long as any mediator so selected has no
conflict relative to any of the parties to the litigation.
Respectfully submitted:
OFFICE OF THE COUNTY ATTORNEY
3301 East Tamiami Trail, 8th Floor
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY: .j
acqueline Williams Hubbard
Assistant County Attorney
Florida Bar No. 468126
Attorney for Collier County
2
Agenda Item No. 91
October 24, 2006
Page 4 of 11
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was delivered via
facsimile transmission and Regular U.S. Mail to the below mentioned on this 6th day of October
2006.
1. Anthony P. Pires, Jr. Esquire
Woodward, Pires & Lombardo, P.A.
3200 Tamiami Trail N., Suite 200
Naples, Florida 34103
Facsimile: (239) 649-7342
2. David P. Ackerman, Esquire
Ackerman, Link & Sartory, P.A.
222 Lakeview A venue, Suite 1250
West Palm Beach, Florida 33401
Facsimile: (561) 838-5305
3. Theodore L. Tripp, Esquire
Garvin & Tripp
2532 East First Street
P.O. Drawer 2040
Fort Myers, Florida 33902
F- (239) 334-6848
By:
3
. Mealator Keport by Kesldmg County
Dispute Resolution Center
Mediator Reporting System
Page I of3
Agenda Item No. 91
October 24,2006
Page 5 of 11
Main Menu
Friday, October, 6, 2006
""Please note: If a mediator is certified in more than one area of certification there will be a duplicate for that
person when running multiple reports.
Mediator Type: Circuit Mediator
[" "Names and. .A.dc:lr~~
Back
Mediator's I
Fullname ,
JOHN T.
BLAKEL Y
JAMES A.
BOATMAN, Jr,
LAUREN L.
BRODIE
FREDERICK J.
BUCKLEY
JOHN P.
CARDILLO
MICHAEL J
D'AGOSTINO
TARA MILLER
DANE
ROBERT E.
DOYLE, Jr.
LAWRENCE A.
FARESE
ALFRED F, GAL,
Jr.
SALVATORE J,
GARDINO
Mediator #(types): C=county, F=farnily, R=circuit. D=dependency
I Residing I Contact Number
, County ,
500 KINGS TOWN EJ
DRIVE NAPLES, FL Collier 239-261-6092
34102 'tb911 @comcast.net
4001 TAMIAMI TRAIL EJI
SUITE 330 NAPLES, Collier 239-263-1480
FL 34103-3060 .
COLLIER EJI
COURTHOUSE 3301 ColI'er239-774-8909
TAMIAMI TRL E I
NAPLES, FL 34112
4031 GULF SHORE EJI
BLVDN#95 .
NAPLES, FL 34103- Collier 239-434-8475
2676 ,
3550 E. TAM/AMI EJ239-774-2229
j:~'i NAPLES, FL Collier 'ohnpcardillo@ckblaw,com
445 COVE TOWER EJ
DRIVE APT. 1503 . 239-282-2626
NAPLES, FL 34110- Collier daglaw101@hotmail.com
6504
1100 FIFTH AVE S EJ
SUITE 201 NAPLES, Collier 239-643-4338
FL 34102 taramdane@aol.com
1395 PANTHER EJ
LANE SUITE 300 Collier 23~-434-4954
NAPLES, FL 34109 roblndoyle@swfla.rr.com
711 5TH AVE S I' '239-213-1973
NAPLES, FL 34102 Colher lafarese@rkmc.com
5405 PARK EJ 239-596-9522
CENTRAL COURT Collier agal@earthli k net
NAPLES, FL 34109 n .
488 DAVIS BLVD # EJ239-213-1227
~~~~APLES, FL Collier salvig17@aol.com
115551 RIDGEWOOD II ,
Address
EXHIBIT
I
A
http://199 .242.69. 70/pls/drc/county Jeport_ multi?P _
I Med#iator Renewal
Date
117552 R 112/09/2007
1/18806 CR , 05127/2007
1/10909 FR I 01/2912007
IEJ 01/11/2007
120347 CR I 09/0812008
B 08/02/2006
15154 CR CME ext.
11/21/2006
17939 FR I 05/31/2008
112540 CR I 08/19/2007
15357 R II 04/13/2007 I
119062 CR I 07/28/2008
1546 CFRD I 03/15/2007
I II I
10/6/2006
Mediator Keport by Kesiding County
L.C'~II: Il'Me I 239-597-7088
L-J tgarlick@garlaw,com
Icollier 11239-261-6555
EJ 239-592-0029
CollIer gatorgrah@aol.com
EJI239-254-8115
EJ 239-860-4554
Collier robert@attyhagaman.com
EJI239-261-7563
EJ 239-649-5586
Collier molhob@aol.com
. 1239-774-2229
Collier wkeith@ckblaw,com
EJI239-649-5449
EJ
EJ
EJ
EJ
EJ
EJI239-793-1333
Collier 1239-594-9572
cp611@aoJ.com
Collier 11239-262-5688
Collier 11239-263-2059
Collier 11239-263-2881
THOMAS B. DR SUITE 101
GARLICK NAPLES, FL 34108-
2718
ITHOMAS R. I PO BOX 10 NAPLES,
GRADY FL 34106
THOMAS A 1452 GORMICAN
GRAHAM, III LANE NAPLES, FL
34110
W. THOMAS 6135 MANCHESTER
GRIMM PLACE NAPLES, FL
34110
ROBERT R. 607 MYRTLE RD
NAPLES, FL 34108-
HAGAMAN 2624
LYNNE HIXON- POST OFFICE BOX
HOLLEY 625 NAPLES, FL
34106
WILLIAM P. 4868 W.
HOBGOOD BOULEVARD COURT
NAPLES, FL 34103
IWlLLlAM D. I Address not shown at I
KEITH Mediator's request
EDWARD 501 GOODLETTE RD
N SUITE D-100
KNAUER NAPLES, FL 34102
1072 GOODLETTE
CHERYL KRAUS RD N NAPLES, FL
34102
ELIZABETH V, 3200 N TAMIAMI TRL
KRIER SUITE 200 NAPLES,
FL 34103
SUITE 501 5150
DAVID E. LEIGH TAMIAMI TRL N
NAPLES, FL 34103-
2812
CHRISTOPHER 1059 5TH AVENUE
E. MAST NORTH NAPLES, FL
34102
5150 TAMIAMI TRAIL
MICHAEL R.N. NORTH SUITE #501
MCDONN ELL NAPLES, FL 34103-
2822
RONALD L. 1570 SHADOWLAWN
NAPIER DRIVE NAPLES, FL
34104
/CHERYL R. 1611 GORDONIA RD I
PAYNE NAPLES, FL 34108
IDAVID M. 1375 THIRD AVE N I
PROLMAN NAPLES, FL 34102
LEONARD P. I 255 8TH ST S I
REINA NAPLES, FL 34102
!DAVID L. RICE 1575 FIRST AVENUE I
NORTH NAPLES, FL
239-261-7716
cheryl@kblawflorida.com
239-649-6555 evkrier@upl-
legaJ.com
239-435-9303
dl48@earthlink,net
239-434-5922
c.e.m,87@comcast.net
239-434-7711
mike@mctriaJ.com
Page 2 of3
Agenda TIem No. 91
October 24,2006
Page 6 of 11
02/24/2007
II 06/21/20071
02/10/2008
07/22/2006
CME ext.
11/14/2006
03/22/2007
05/10/2007
I 09102120081
1111/17120071
12/20/2006
03/24/2008
11/13/2006
06/30/2007
07/3012007
04/23/2008
12/03/2007
1112/17/20071
II 02108/2007 I
II 02115/2007 I
II 09/22/2008
~
11620 R
119063 CR I
IEJ
1662 CFR I
18
13685 CR 1
15056 R
118082 CR 1
110514 CR I
13815FR 1
16659 CFR I
110133 CR I
1172~ R I
IB
110526 R
111891 R
/11892 CFR
1120356 CR
http://l99.242.69.70/pls/drc/county Jeport_multi?P ~ediator=RM&p_county=ll
10/6/2006
. Mediator Keport by Kesiding County
I 1134102 II IIriced@yahoo,com " II J
E. RAYMOND 1404 GOODLETTE EJI239-262-8281 IEJ
SHOPE RD N NAPLES, FL 12/14/2007
34102
5811 PELICAN BAY EJI239-598-1221 1116066 CR I
DONNA TISCH BLVD SUITE 600 02/07/2007
NAPLES, FL 34108
1415 PANTHER EJ 115651 CR I
RICHARD B. LANE SUITE 363 239-530-1222 11/15/2006
WINGA TE NAPLES, FL 34109- rbwlaw@earthlink.net
7874
PalZe 3 of 3
Agendaitem 1V0. 91
October 24,2006
Page 7 of 11
Count: 33
http://199.242.69.70/pls/drc/countyJeport_multi?P _ mediator=RM&p _ county=ll
10/6/2006
Agenda Item No, 91
October 24,2006
Page 8 of 11
IN THE CIRCUIT COURT, TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA CIVIL ACTION
DWIGHT E. BROCK, CLERK OF
CIRCUIT COURT OF COLLIER COUNTY,
FLORIDA,
Plaintiff,
vs.
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida;
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
EX-OFFICIO THE GOVERNING BOARD
OF THE OCHOPEE AREA FIRE CONTROL
AND EMERGENCY MEDICAL CARE
SPECIAL TAXING DISTRICT, A/K/A THE
OCHOPEE FIRE DISTRICT, a
Municipal Services Taxing Unit pursuant to
Section 125.01(1)(q), F.S.; LINDA T.
SWISHER and PAUL W. WILSON,
Defendants.
AND
BOARD OF COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, on behalf
of COLLIER COUNTY, a Political Subdivision
of the State of Florida,
Plaintiff,
v.
DWIGHT E. BROCK, CLERK OF THE
CIRCUIT COURT OF COLLIER COUNTY,
FLORIDA,
Defendant.
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)Case No. 04-941-CA Consolidated with
) Case No.: 05-953-CA &
) Case No.: 05-1506-CA
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CLERK'S RESPONSE TO COUNTY'S MOTION FOR REFERRAL TO MEDIATION
COMES NOW DWIGHT E. BROCK. CLERK OF THE CIRCUIT COURT OF COLLIER
Agenda Item No. 91
October 24, 2006
Page 9 of 11
COUNTY, FLORIDA, and hereby responds to COLLIER COUNTY'S Motion for Referral
to Mediation and states as follows:
1. Mr. Brock has long held the belief that mediation was and is an appropriate and
valuable tool for dispute resolution, where both sides approach it in good faith.
Mr. Brock interprets COLLIER COUNTY'S motion as a gesture of good faith and
has no opposition to an Order referring this matter to mediation, under the
appropriate circumstances described below.
2. Mr. Brock believes that it is vital that the entire BOARD OF COUNTY
COMMISSIONERS participate meaningfully in the mediation process. Mr. Brock
does not believe it will be productive to conduct a mediation attended solely by
the County Attorney and County Manager alone. Mr. Brock believes that it would
be beneficial to the mediation process for all members of the BOARD OF
COUNTY COMMISSIONERS to be fully informed as a party and that can only
happen if they attend and participate in the process.
3. Mr. Brock recognizes that Florida's government in the sunshine law applies and
that at least part of the mediation process needs to be conducted in the open.
Mr. Brock would leave it to the mediator to decide which parts of the mediation
should be conducted privately with County staff, individual County
Commissioners or in a properly noticed and authorized litigation conference
before the BOARD OF COUNTY COMMISSIONERS.
WHEREFORE DWIGHT E. BROCK, CLERK OF CIRCUIT COURT OF COLLIER
COUNTY, FLORIDA, respectfully requests this Court direct mediation to be held with
the participation of the entire BOARD OF COUNTY COMMISSIONERS, subject to
Florida's government in the sunshine law.
Agenda Item No. 91
October 24, 2006
Page 1 0 of 11
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by
I "I
\ ' (-,-
facsimile transmittal and regular United States Mail, this I ~- day of October, 2006, to:
Jacqueline W. Hubbard, Esq., Assistant County Attorney, 3301 Tamiami Trail East,
Naples, FL 34112; David Ackerman, Esq., 222 Lakeview Ave, Suite 1250, West Palm
Beach, Florida 33401, Eric J. Vasquez, ESQ., 900 6th Ave. South, Naples, FL 34102,
Yale T. Freeman, ESQ., 2325 Stanford Court, Naples, FL 34112, and Theodore L.
Tripp, Jr., P.O. Box 2040, Fort Myers, Florida 33902.
Respectfully submitted,
WOODWARD, PIRES &. LOMBARDO, P.A.
3200 Tamiami Trail North, Suite 200
Naples, Florida 34103
(239) 649-6555 Facsimile (239) 649-7342
~~ ~-~;-, ~~----_._,._---
~~ ?-~~
Steven V. BIOUnCEsq."'
Florida. Bar No. 68470
Anthony P. Pires, Jr., ESQ.
Florida Bar No.: 203671
Attorneys for Dwight E. Brock in
Case No.: 04-941-CA
By:
By:
Ackerman, Link &. Sartory, P.A.
222 Lakeview Ave, Suite 1250
West Palm Beach, Florida 33401
(561) 838-4100 Fax: (561) 838-5305
(J1lt~_
David P. Ackerman, ESQ.
Florida Bar No.: 374350
Attorney for Dwight E. Brock
in Case No.: 05-953-CA &
Case No.: 05-1506-CA
Agenda Item No. 91
October 24,2006
Page 11 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
91
Meeting Data:
For the Board of County Commissioners to consider participating in the medIation procedures
with the Clerk of Courts to resolve the current case nos 04-941-CA. 05-953-CA & 05-1506-
CA.
10/24/20069:00:00 AM
Prepared By
Sam Tucker
Board of County
Commissioners
Executive Aide to the BCe
Dale
Bce Office
10118120063:55:07 PM
Approved By
Sue Filson
Board of County
Commissioners
ExecutivE! Manager to the BCe
Date
BCC Office
10118120063:59 PM
Approved By
James V. Mudd
County Manager
Date
Board of Counly
Commissioners
County Manager's Office
10/18120064:48 PM
Agenda Item No. 10A
October 24,2006
Page 1 of 79
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 finn 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, James Mudd, remains unchanged.
LASIP encompasses an area of approxin1ately 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. 10A
October 24,2006
Page 2 of 79
within Phases I, III, and IV, by either purchase, gift or donation. Staff continues to work
diligently to acquire the additional areas required within all sections of Phase I.
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 I.
.-
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 fmal 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 storm water 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 I
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 comer 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. 10A
October 24, 2006
Page 3 of 79
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, I 00 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.
.,...."l....
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
comer 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", "B-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
ramy 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. 10A
October 24, 2006
Page 4 of 79
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:
County's Growth Management Plan.
This recommendation is consistent with the
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")
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10A
October 24, 2006
Page 5 of 79
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10A
This Item was continued from the September 26, 2006 BCC meeting, 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), Fiscallmpsct $1,838,000 (Project 511012), (Gene Calvert,
Director, Transportalion/Stormwater Management)
1012412006 9:00,00 AM
Right Of Way Coordinator
Date
Prepered By
Lorraine Lantz
Transportation Services
TEeM-ROW
9/11/2006 9:19:37 AM
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Approved By
Transportation Services
TEeM.ROW
10/9/2006 1 :59 PM
Eugene Calvert
Dale
Approved By
Transportations Services
Principal Project Manager
Transportation Engineering and
Construction Management
10/9/2006 3:49 PM
Assistant County Attorney
Date
Approved By
Heidi F. Ashton
County Attorney
County A ttomey Office
10/9120064:15 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
10/10/200611:13 AM
Gerald Kurtz
Senior Engineer
Date
Approved By
Transportation Services
Stormwater Management
10/10J2006 12:46 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
10/10/20063:49 PM
Approved By
Najeh Ahmad
Transportation Services
Director
Date
Transportation Engineering &
Construction Management
10/11/20061 :55 PM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
10J11/2006 2:13 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
10/11/20062:37 PM
Approved By
Susan Usher
County Manager's Office
Senior ManagementlBudget Analyst
Date
Office of Management & Budget
10/13/20061 :56 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10/16120061:30 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1 0116J2006 2:08 PM
Agenda Item No. A
October 24,2 06
Page 6 0 79
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
STORMW A TER IMPROVEMENTS KNOWN AS PHASE ONE OF THE LEL Y AREA
STORMW A TER IMPROVEMENT PROJECT LOCATED IN EAST NAPLES
WHEREAS, the Board of County Commissioners desires to improve the treatment and
control of stonnwater in the East Naples Area in order to alleviate flooding; and
WHEREAS, the Lely Area Stonnwater Improvement Project consists of improvements to
an existing drainage system for an 11,100 acre plus or minus area loeated 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 surlace water control structures (weirs), improving
existing surlace 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
accordanee 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 Stonnwater 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,
---I
Agenda Item No. A
October 24,2 6
Page 7 0 9
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 RESOL YED 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 "An, 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
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, Chairman
Approved as to form and
legal ufficiency: I
rl'--
H idi F, Ashton
Assistant County Attorney
Page 2 of 2
, ....
Agenda Item No,
October 24, 2
age 8 0
FEE SIMPLE
IT' A lNTEREST
EXHIB ..a-
P.-L~~
PROJECT NO. 511012
PROJECT PARCEL NO. 101
FOLIO NO. 00442080002
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
lot 29, Block B, a tract of land locafed In the Northwest Quarter (NW 14 ) 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
02'48'30" E a distance of 150.91 feet along the West line of the NW 14 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 02'48'30" E a distance of 176.36 feet; thence rUn S
89'38' 10" E a distance of 292.74 feet; thence rUn S 59'57'30" W a distance of 348.14 feello
the Point of Beginning, COntaining 25.790 Sq. Feet:. more 'or less.
AND
lot 43, BlOck B, a tract of land located in the Northwest Quarter (NW '" ) 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
02'48'30' E a distance of 150.91 feet along the West line of the NW 14 of Section 32 to fhe
Point of Beginning of the parcel of land hereinafter descrIbed: Thence Continue N 02"48'30"
E along the West line of Section 32 a distance of 207.09 feet; thence run S 89'38'10" E a
distance of 300.00 feet; thence rUn S 02"48'30' W a distance of 26. 36 feet; thence rUn S
59'57'30" W a distance of 356.78 feelto the Point of Be9inning. Cont<Urlng 34.986 Sq. Fee
more or less.
WEST LINE OF SECTION 32
LOT 43
N
SKETCH NOT TO SCALE
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comar County T,anspoHallon En~ineerjng and Cons~uctlon Managemani Department
12/20/053:06 PM
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EXHIBIT ...L
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Agenda Item No A
Octeber 24 2 6
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October 24, 2 6
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Agenda Item No. A6
October 24, 2
130 9
FEE SIMPLE
fNTEREST
PROJECT NO. 511012
PROJECT PARCEL NO. 105
FOLIO NO. 00445200009
EXHIBIT ...6.....
Pege~ of..s:l..
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THAT CERTAIN PARCEL OF LAND located in the Northwest Quarter (NW
%) of Section 32, Township 50 South, Range 26 East, 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. Containmg 45.000 Sq. Fees more 0:11 less.
J
WEST UNE OF SECTION 32
3nn F'"t
150 FEET
N
SKeTCH NOTTO SCALE
lolller County Transportation Engineering and Conslrucllon Management Departmant
12120/05 3:32 PM
Agenda Item No. A
October 24,2 06
Page 14 0 79
PROJECT NO. 511012
PROJECT PARCEL NO. 801
EXHIBIT ~ FOLlO NO. 60780040003
Page...:L of~
LEGAL DESCRJPTJON & SKETCH
---.... (NOT A SURVEY)
A PERPETUAL, NON~EXCLUSIVE, DRAINAGE EASEMENT,
MORE PARTICULARLY DESCRIBED AS FOLLWS:
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 i .
Containing 16.515 Sq. Feet/more or less.
30 FEET
LOT 1
( BLOCK "A" )
N
PERPETuAL. NON-EXCLUSlVE
DRAINAGE EASEMENT
SKETCH NOT TO SCALE
Collier CounlyTransportallon Engineering and Conslruction Management Department
041061064:09 PM
Agenda Item No. A6
October 24, 2
Page 15 0 9
EXHIBIT ...6...
hge..L of...s:l,
PROJECT NO, 511012
PROJECT PARCEL NO. 802
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)- more or less.
30 FEET
LOT 1
( BLOCK "B" )
N
, PERPETUAL, NON-EXCLUSIVE
DRAINAGE EASEMENT
SKETCH NOTTO SCALE
Collier County Transportation Englneel1ng and Cons~uctlon Management Department
04/06/064:09 PM
Agenda Item No. A
October 24,2 06
Page 160 79
PROJECT NO. 511012
EXHIBIT-L PROJECT PARCEL NO. 803
FOLIO NO. 60782320006
Pttge-1- of~
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 "Co" 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. Feet/more or less.
30 FEET
LOT 1
( BLOCK "C" )
N
PERPETUAL, NON-EXCLUSIVE
. DAAINAGE EASEMENT
SKETCH NOTTO SCALE
Collier County Transportation Engineering and Conslruction Management Department
04l0Bl06 4:10PM
Agenda Item No. A6
October 24,2
Page 17 0 9
EXHIBIT ..lL
P...J1Lof~
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
PROJECT NO. 511012
PROJECT PARCEL NO. 804
FOLIO NO. 60784520008
A PERPETUAL, NON~EXCLUS[VE, 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/more or less.
30 FEET
LOT 31
N
PERPETUAL, NON-EXCLUS/VE
DRAINAGE EASEMENT
SKETCH NOTTO SCALE
Collier County Tran~portaUon Engineering and Construction Management Department
041081064:10 PM
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMlAMr TRAIL NAPLES, FLORIDA 34112'
(941) 774-8192
Agenda Item No. g~
I'> 24, 2 fJ6
Pag 180 179
P.O.B. NW COR. SEC. 32,
TvVP. 50S, RGE. 26E
SKETCH OF DESCRIPTION
NOT A SURVEY
S 89.038'10" E
PROJECT 51 lot;L
PARCEL _'..:.< Boo
fOLIO 00.-4.., c, 2..8oo9S"
s:
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300.00'
EXHIBIT ~
Page -LL ot.....s::z..
P.O.B.
I
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N
(/,)
PARCEL, . B08
TAX PARCEL 52
UJ
.
~g
co .
"to
o l,()
NT-
Z
N 89038'10" W
300.00'
300.00'
~~U8NE
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; THEN CE S 02048'300 W ALONG THE WEST LINE OF SAID SECTION 32
450.00 FEEYTO THE POINT OF BEGINNING; THENCE CONTINUE S 020,,",.. W 150.00 FEEl"; THENCE
S,,038'10" E 300.00 FEEl"; THENCE N 020"",,, E 150.00 FEET; THENCE N "038'10" W 300.00' TO THE
POINT OF BEGINNING. Containing 9.000.Sgo=Feet/more or less.
GENERAL.NOTES
1) P.O.c." POINT OF COMMENCEMENT
2) P.O.B." POJNTOF BEGINNING
3) SEC. :: SECTj~N
4) TWP. '" TOWNSHIP
5) RGE. '" RANGE
. 6) R1W" RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALlD UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
SCALI:.
" .
~REP ED BY-:,. .'. ~:.'. '.
....~....;,....
... "''- .1.\ .fJ(.' 'i"
.".' . <.:.r:".~;':0". /J' CO
'---~-~~';;:;7.,.-_,i~_._..______.
. GEORGE. R..RICHMONO. PLS;,2406
. COLLIER COUN"P('PUSL:I~>WORKS
330'1 E. TAfv1.IAMl~1=~rJ2:l" . y,:.
NAPLES,:FLO~j'QA~4'{1.?:. :.'
'.. . .- ;~:(',...~~n.~~ .... '. . '
." ~. -', " .
NOT TO SCALE
DATE
FI~~ ~o':_'_;Jo"
GWY817
JUNE 8, 2000
SHEET 1 OF 1
PUBLIC woRKs ENGlNEERlNG DEPARTMENT
3301 EAST TAMlAM:I TRAIL NAFLES, FLORIDA 34112
(941) 774~81.92
Agenda Item No. ~
24,2
Pag 19 0 9
SKETCH OF DESCRIPTION
SilO//...
Not A SURVEY PROJECT ..~,. 809
P.O.B. NW COR. SEC. 32, PARCEL '_.."
1WP ;sos, RGE. 26E F OL 10 004 4 -.s"2 Do<>a
S:
b
>"l
o:l,
:""
"l
CI)
S 89038'10" E
300.00'
EXHIBITA
P.age.J2- O,...s:z..
P.O.B.
/' N 89038'1 D" W 3DO,OO'
?;: I
o I' .
>"l _, .
~. ~. K PARCEL. .809
CI) ~Oll__ TAX PARCEL 58
I
I
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. -
00
~ Cl
Cog
i1't'?
C'l
Z
S 89038'10" E
300.00'
~. NON-ExCLUSIVE
--'""nN.:iE EASeMeNT
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 02'4"30" W ALONG THE WESTLINE OF SAID SECTION 02
BOO.OO FEET TO THE POINT OF BEGINNING; THENCE CON1lNUE S 02"4"30" W 300.00 FEET; THENCE
S ""3"10" E 300;00 FEET; THENCE N 02"">0' E 300.00 FEE.,; THENCE N 69"36'10' W 300.00' TO THE
POINT OF BEGINNING. ' COIlta~Ili.ng 18,oba Sq. Feet more or less'.
. ./
GENERAL. NOTES
. 1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. "POINT OF BEGINNING
3) SEC. c. SECTION
4) TWP. = TOWNSHIP
5) RGE. " RANGE
6) R/IN = 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
~t"~ '.
PREPARED ~:ti':' ';;;'~~ ,,";:;{,' 01._
/#?j?'!i;~q,~\fi<-~~o
~~cft~~ip,~Cs~-i~'------
COLLIE;R' COUNTY. PI3B(lC'WORKS
3301'E'rTAMIAMJTRAIl.::"," ",
NAPLf;'$, Fl;:9Jil;Jb6:3tf1:12)'!',~ .' .,
.. . i': -, . .,J:- ,. ~',::. .:"..."
NOT TO SCALE
DATli
"FILENO.. ., ;y'::":.
GVVY818
SHEET 1 OF 1
JUNE 8, 2000
PUBLIC WORKs ENGINEERING DEPARTMENT
3301 EAST TAMIAMr TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
Agenda Item No. A6
er 24, 2
Pa 20 0 9
P.O.B. NW COR. SEC. 32,
TWP. 50S, RGE. 26E
SKETCH OF DESCRIPTION
NOT A SURVEY
S 89'38'10" E
300.00'
PROJECT SJlOl2.
PARCEL -.:.'>' <3 J 0
FOLIO (Jo-<t<l 3 f.t,4000 I
o
<')
Co
il"
N
CI?
EXH,srr -A-
Page-L:L oI~
'~
P.O.B.
I
~~~
~I
N 89038'10" W
300.00'
PARCEL ..~, -8w
TAX PARCEL 61
UJ
~8
o:l .
~g
N....
Z
300.00'
PERPETuAL. NON-EXClUS1VE
DRAINAGE EASEMENT
LEGAL DESCRIPTION
THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE NORTHWEST CORNER OF SEcnON 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: "T>iENCE CONTINUE S 02'48'30" W 150.00 FEET: THENCE
. S "'3"10' E 300.00 FEET: THENCE N 02'48'30" E 150.00 FEET; THENCE N "'38'10' W 300.00' TO THE
POINT OF BEGINNING. COntaining 9,000 Sq. FeeL" more or less.
, GENERAL NOTES
1) P.O~C. = PQINT OF COMMENCEMENT
2) P.O.B. = POJNT OF BEGINNING
3) SEC. = SECTION
4) TlNP. = TOWNSHIP
5) RGE. = RANGE
'6) RIW = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT Yft.LID UNLESS SIGNED AND SEA:'ED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
NOT TO SCALE
DATE
. .~;;, .-:I~_~:~
PREPAR~8~~;<..,.,:'/ ",
:;:;./~'>' ~( ';(/'~~' ',',,: ~~
"" :.! ; '" ,'.. :-', ',u: (; I.
..,-'C ,r . -"..i'--Il'~...;. ." , 40
-.- -c.::: _c_~_.",..__"___________.____._.____
j ;' . " .. -. '/ \', "r" ---....,r--:.:... .."" . ~_,
m:.ORGgR:: RICHMOND,PJ:::S. 2406
CO'L-l.!IER'C)OUW~~,~0;l~,!,Q}WORKS
33Cl1E.TAMI.q,MI,';JJRAI~"',;:_ ,
NAPl::ES;F.LORlp\C<34'11?;:,' '
;\ '. .'" l:i -;' :"! '.~ ,~',,:~;: ,'i... ._....'
SCALE,
JUNE 8, 2000
FJLE NO... . "'{~'.
GWY816
SHEET 1 OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST T.AMIAM:r TRAIL NAPLES, FLORIDA 34112
(941) 774~8192
Agenda Item No.
r 24,2
Pag 21 0
A
6
9
P.O.B. NW COR. SEC. 32,
TWP. 508, RGE. 26E
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT
PARCEL ~'. '. 811
FOLIO OO~"'1..3<O6 ooo~
'SJ 1012.
3:
EXHIBrr.:a..
ParIe...1!L of~
S 89038'10" E
300.00'
. '
o
r'l
~
~
C/)
N 89038'10" W
300.00'
P.O.B.
I
k _ I '
.~ ~ ~PARCEL ~~ -8l1
C/) 60'1___ TAX PARCEL 62
I
I
3:
llJ
og
r'l .
~g
N (0)
z'
S 8903810" E
300.00'
~~
' ' ~ --.;mI;ft 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 02048'30. W ALONG THE WEST LINE OF SAID SECTION 32
1650.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 8 02048'30" W 300.00 FEET; THENCE'
s 89038'10" E 300.00 FEET; THENCE N 0,2048'30" E 300.00 FEET; THENCE N 89038'10" W 300.00' TO THE
POINT OF BEGINNING. Gontainin? 18,000 Sq. Fee> 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
B) Rrw,. RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALlD UNLESS SIGNED AND SEALED WITH THE .
EMBOSSED SEAl OF A PROFESSIONAL LAND SURVEYOR
NOT TO SCALE
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DATE
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GWY824
SHEET 1 OF 1
JUNE 8, 2000
"
PUBLIC WORKS ENGINBERlNG DEPARTMENT
3301 EAST TAMlAMr TRAIL . NAPLES, FLORIDA 34112
(941) 774-8192
Agenda It,em No. h~
ber24, 2 fJ6
Pag 22 0 179
P.O.B.NW COR. SEC. 32,
TVvP. 50S, RGE: 26E
SKETCH OF DESCRIPTION
NOT A SURVEY
~
b
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PROJECT
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, S 89.38'10" E
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PER.PETUAL, NON-EXCLUSIVE
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: '
!
LEGAL DESCRIPTJON
THE WEST 60 FEET OF THE FOLLOWING DESCRIBED PARCEL:
COMMENCE A TTHE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; niENCE S 02.48,,- W ALONG THE WEST LINE OF SAID SECTION 32
150.00 FEET TO THE POINT OF BEGINNING; TH ENCE CONTINUE S 02048'30' W 150.00 FEET; THENCE
S "038'10" E 300.00 FEET; THENCE N 02'48>0" E 150.00 FEET; THENCE N "038'10" 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) RiW "" RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
6) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PRqFESSJONAL LAND SURVEYOR
'r....
NOT TO SCALE
PREPARE;DBY;_. '. '!
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,'(. '. Flq"ND' ,0,'..,
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'/
"
SCALE
DATE
JUNE 8, 2000
SHEET 1 OF 1
Agenda Item No. A6
f' 24, 2
Pag 23 0 9
PUBLIC WORKS ENGINEERING DEP ARTMBNT
3301 BAST TAMIAM:r TRAIL NAPLES, FLORIDA 34112
(941) 774~8192
SKETCH OF DESCRIPTION
NOT A SURVEY PROJECT
PARCEL
FOLIO
P.O.B. NW COR. SEC. 32,
1WP. 50S, RGE. 26E
~
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' "DIltMW:JE.~teMENT
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300.00'
EXHIBIT -6..
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3QO.OO'
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.
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300.00
LEGAL DESCRIPT10N
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
900.00 FEET TO THEPOINT OF BEGINNING; THENCE CONTINUE S 02'48'30" W 150.00 FEET; THENCE
S 89'38'10" E 300.0Q FEET; THENCE N 02048'30" E 150.00 FEET; THE~CE N 89038'10" W 300.00' TO THE
POINT OF BEGINNING. COlltaining 9.000 Sq. Fees more or ess.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) lWP. CTOWNSrjlP
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
SA
NOT TO SCALE
DATE
~~"~'~'.~;;'-7~
~REP RED B);:,r;""""j .:' . ,,'
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NAP.B' .,,:~~::'" . .
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JUNE 8, 2000
SHEET 1 OF 1
EXHIBIT -6....
Page..!.L of~
PROJECT NO. 511012
PROJECT PARCEL NO. 816
FOLIO NO. 60783320005
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
A PERPETUAL, NON~EXCLUSJVE, 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 . "
.. 4 740 Sq Feet more or less.
Contlll.n1Ilg, .,)
30 FEET
LOT 1
( BLOCK "E" )
N
~~iUAL. NON-EXCLUSIVE
DRAINAGE EASEMENT
SKETCH NOT TO SCALE
Collier County Transportation Engineering and Construclion Management Departmenl
' 041061064:12 PM
Agenda Item No. A
October 24, 2 06
Page 24 0 9
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PRo.ECT: NO. 7599_
PRO.ECT PARCEL NO: _ 528
TAX PARCEL NO. 13
Agenda Item No. A
October 24, 2 06
Page 41 0 79
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF SLOPE EASEMENT (NOT A SURVEY)
EXHIBIT A
Pege~ of.ll
NOR7HEASTERL Y
RIGHT-OF-WA Y
LINE OF U.S. 41
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LINE TABLE
LINE: LENGTH BEARING
Ll 43.00 S 51'00'50" W
L2 67.19 N 38'59'10" W
LJ 28.02 N 41'51'22" W
L4 50.27 S 38'59'10" E
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TRACT MAP
(P.B. 8, PG. 20)
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~t (' PARCEL 528
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Proposed Drainage. ~
Access & Maintenance ~ ~
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POINT OF
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MOST SOUTHERL Y
CORNER OF
TRACT M
CURVE
Cl
C2
C3
DELTA
89'03'34"
91 '25'52"
74 '00'57"
PREPARED BY:
341.80'
100' DRAINAGE EASEMENT
SECTION 19, TWP.
50 S., RGf. 26 E.
TR ACT L
LEL Y GOLF ESTA TES
TRACT MAP
(P.B. B, PG. 20)
@
CURVC TABLE
RADIUS ARC'
17.00 26.42
45.00 71.81
18.78 24.26
CHORD
23.84
64.43
22.61
CHORD BEARING
N 83'30'57" W
s 84'42'06" E
S 80'32'50" E
SHEET 1 OF 2
BY:
UNDAGE,..~
Profeasional enlineen, planneri'. &: lAnd lJurveyof"ll
CoUMI' c--.v. Suit. 1Ol), "4OG T.....u.-l baa. ltorlkl N_p*. n. N101 (O,U)UT-8111
~ Coo.~ Sui" L01. LaG B_ur StN_t., Fort M,p.", PI. 1:1101 (041)n7-:nu
C4rt.1ftcata af Al1tbortcaUcJD NOI. 11 "1&4 Ioltod U SM4 fUl 1"1_-110'
GUY P. ADAMS. P.S.M. NO. 4390
SCALE: 1. _ 100'
DRAVt'N BY;...lhlM- DATE: OCT. :5 2006
CHECKED BY:...lZeA PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289-,528
Agenda Item No. A
October 24, 2 6
Page 42 0, 9
PROJECT: NO, 7599 _
PRO..ECT PARCEL NO: _528 ~
TAX PARCEL NO. 13
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
EXHIBIT -6....
p~ 35' of...s:..2.
LEGAL DESCRIPTION
PROPOSED SLOPE EASEMENT
PARCEL 528
THA T PORnON OF TRACT M OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED
IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND MORE PARnCULARL Y DESCRIBED AS FOLLOWS:
COMMENCE A T THE MOST SOUTHERL Y CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES,
THENCE NORTH 38 '59'10" WEST ALONG THE SOUTHWESTERLY LINE OF SAID TRACT M,
FOR A DISTANCE OF 215.32 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER
DESCRIBED PARCEL OF LAND;
THENCE LEA VING SAID SOUTHWESTERL Y LINE RUN EASTERL Y ALONG THE ARC OF
A CURVE CONCA VE SOUTHERL Y HA VING 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
38'59'10" EAST 50.27 FEET TO THE BEGINNING OF A CURVE CONCA VE
NORTHERL Y HA VING A RADIUS OF 45,00 FEET, A CENTRAL ANGLE OF
91 '25'52", A CHORD BEARING SOUTH 84 '42'06" EAST A CHORD DISTANCE
Of 64.43 FEET, AN ARC D/STANCE OF 71.81 FEET TO THE NORTHWESTERL Y LINE
OF A 100' WIDE DRAINAGE EASEMENT; THENCE NORTH 41'51 '22" WEST 28.02 FEET
TO THE BEGINNING OF' A CURVE CONCA V[ NORTHERL Y HA VING A RADIUS
OF 17.00 FEET, A CENTRAL ANGLE OF 89'03'34", A CHORD BEARING NORTH
83'30'57"WEST A CHORD DISTANCE OF 23.84 FEET, AN ARC DISTANCE OF 26.42 FEET;
THENCE NORTH 38'59'10" WEST 67.19 FEET;
THENCE SOUTH 51" 00'50" WEST 43,00 FEET TO THE POINT OF BEGINNING.
.' '.' t" (' ~ ( , I , .j
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PREPARED BY:
UNDAGE......
Professional engineers. plD.nnel'8, & land surveyors
Coli"" c-at;r. Butt.. 200. "400 '-.mi1Ulllt h-aU, l'fol1b.l N.,..., PI, "'10e (HJ)De'l'-Ull
Le. Couat" SQ.U.. 101. l1Z11 B"'417 lltreet., Port 1i.1wn., PL "90l (tU~:!1-'ll1
Cttrt1lk..... of AuthorinUGa "0.. LIl :se~ tad D INN 'd;: ('Hllllel!l-~
SHEET 2 OF' 2
BY:
NO, 4390
DA 1E: OCT. 3. 200(1
PROJECT NO.: 7599-1
ACAD NO: 8289-528
I:
Agenda Item No.
"October 24, 2
Page 43 0
I .
, PROJECT: NO. 7599
PROJECT PARCEL NO:, 7?1\
TAX PARCEL NO. 13
SECTION 19, TOWNSHIP 50 SOt)TH, RANGE 26 EAST
,COLLIER COUNT'0 FLORIDA
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY,)
~
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EXHIBIT ..A..
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......
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.............. VALL 164.06'
........ C'y SrR~A
. '" ". ,.,111 DR.
TRACT fA'....................
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TRACT MAP
(P.B. 8, PG. 20)
@
(O.R. 2485, PG. 627)
PARCEL 728~
PROPOSEO 1'0' T.C.E;.
_e~~~~~~~________
-1--- '-~n~---~~-~
(PR/VA TE
ROAD)
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RIGHT-Or-WAY
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......................
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@
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TRACT L
LEL Y GOLF ES TATES
TRACT MAP
(P. B. 8, PG. 20)
EMENT
PREPARED BY:
..... .
::::GNOLl
...... .
===== ABBER a.
.......
====== UNDAGE,ll(o.
Proienlone.l englnDers, P]I!ln..n.en, & ]~d lIll.rV'oYQn
(lgll1lft' ClI1Ul.lJ1 BuU.. '00. 7'.ooT~ 'fn.U, 1I01"Ul.: Kalil". lL USD" ('H1)iit7..UU
lA. ~::ut.,,, .","'.~~~;;.:~~ ::.~ ~......~ ~":' no 0;:; !:til::.:~
01/11/06
10' T.e.E.
03/27/06
PARCEL 728 '
SHEET 1 OF:2
BY:
GUY P. ADAMS, P.S.M.
SCALE: 1" = 100'
DRAWN BY:~
CHECKED 8Y:~
FILE NO: 8289
I
NO. 4390:
DATE:--..rULY 16. 20Q2,
PROJECT NO.: 7599;"'.1
ACAD NO: 8289-7~6.
I
~,
Agenda Item No. A6
October 24, 2
Page 44 0 9
i~
P.ROJECT: NO. 7599
PROJECT PARCEL NO; 728
TAX PARCEL NO. 13
SECTION 19. TOWNSHIP 50 SOUTH. RANGE 26. EAST
COLLIER COUNTY, FLORIDA
EXHIBIT ..A.
p-'37of-5.:l
LEGAL DESCRIPTION:
PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT
P ARCa 728
THE SOUTHEASTERL Y 10 FEET OF THE FOLLOW/NG DESCRIBED LAND (O.R. BOOK
2485, PAGE 627);
THA T 'PORTION OF TRACT M OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED
IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
'COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, Lay GOLF ESTA TES,
AND RUN SOUTH 89'32'18" WEST ALONG THE NORTH LINE OF SAID TRACT M,
FOR A DISTANCE OF" 457.44 FEET; THENCE SOUTH 28'33'33" WEST 527.00 FEET
TO A POINT OF CUF~VA TURE OF" A CURVE CONCA VED TO mE NORTHWEST;
THENCE ALONG mE ARC OF SAID CURVE HA VING A RADIUS OF 970.00 FEET, A
CENTRAL ANGLE OF 19'27'56", A CHORD BEARING SOUTH 38'17'31" WEST A
CHORD DISTANCE OF 327.96 FEET, A DISTANCE OP 329.54 PEET; THENCE SOUTH
'48'01'29" WEST 400.00 PEET TO THE POINT OF BEGINNING OP mE HEREINAFTER
DESCRIBED PARCEL OF LAND;
THENCE SOUTH 41"58'31" EAST 300.00 PEET; THENCE SOUTH 48'01'29" WEST
341.80, FEET TO A POINT LYING ON THE NORTHEASTERL Y RIGHT-OF-WA Y LINE
OF U.S. #41; THENCE ALONG THE NORTHEASTERLY RIGf-fT-OF-WAY LINE OF U.S.
#41 NORTH 39'06'20" WEST 361. 75 FEET; THENCE LEA VING THE SAID
NOR THEA S TERL Y RIGHT-OF-WA Y LINE RUN 166.iB3 FEET ALONG THE ARC OF A
CURVE CONCA VED TO THE SOUTHEAST HA VING II RADIUS OF 558.01 FEET AND
SUBTENDEQ BY A CHORD HA VING 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 ArW OF A CURV~ CONCA VED TO THE NORTHWEST
HA VING A RADIUS OF' 470.00 FEET AND SUB TENDED BY A CHORD HA VING A
BEARING OF NORm 58'01 '29" EAST AND A C.YORD LENGm OF 163.23 FEET TO
THE POINT OF' BEGINNING. Contain:ing 3,418 Sq. Feet.lmore or less.
:.: - ~ :-
- .... ;'--.
.......
'- -/;-=::-:.... .'....
-._-."\'" :....~
~ ~~: ~~~ ~
-;", ....
-'- ;.:?~ (:':?
" - ~ ~..,~.. -'.
...... ..-~ - -,
_'~'J~~_~' '... ":' ....
TEMPORARY
CgNSTRUCTION EAsE~ENT
....: -:-:':~~...
.,-:, .'-
.--;~-...~ -;:.~ :.~.
.'
- . ~
, .
PREPARED BY:
BeARINGS ARe BASED ON THE LEL Y GOLF ESTA rES ffiAC
PLA T' BOOK 8, PAGE 20. COLLIER COUN7Y, FLORIDA
AP
.....
:::: NOll
..... .
55!!:. BER &:
:::::: UNDAGE.-
Prot...lOno.l .~..l"lI, p14nn.,.", &: lAnd """"yo,."
CoJ.l1c. Co-a.II.Vi htt. .100, 1400 1'~ 'rn.U. l'IC'UlIlf~, n S4.1Co11 ("'1)UT-:I111
'- ~.. :".~~ ~ ~ _~ ~ n ~ f:tt==~
01/11/06
10' T.C,E.
03/27/06
PARCEL 728
BY:
SHEET 2 OF 2
I
I
NO. 43901
I
GUY P. [}'A S, P.S.M.
SCALE:
DRAWN BY:
CHECKED BY:
FILE NO: 8289
DATE: JULY 16 ?oo'<.
PROJECT NO.: '7599 : 1
ACAD NO: 8289-77&
19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNT~ FLORIDA
,SKETCH OF ACCESS EASEMENT (NOT A SURVEY)
.h
,1; /'
/0}
.(/ e;,c,'f
................ VALL..E)" 164.05
...... ....... SiRcAAf DR.
TRACT M....................
LEL Y COLF' ESTATES
TRACT MAP
(P.B. 8, PC. 20) .
@
0.... (O.R. 2485, PC. 627)
. t
. ~'I!::; PARCEL 828
. ~ ~ Proposed Drainage. Access
~' & Maintenance Easement
\9:> AREA==2,142 SQ. FT. ::f::
L2'
'~
......
em GNOU 04/10/06
::::: BER & 828
...... .
:::::: UNDAGE,....
~rolol!l.lo~a.l IlIngineoeraj plB.:r.w.ellS, &: lo.nd surveyors
ClIllin 001ll:l.f.:n 8'uIlt. 100. 7'00 'Iom!om! "',LIl, l<Ol'UIIl ,HaJJn. n. N10' l"'~Q'I'-:I111
Lu Cout,n 91aJ.le 101, Uz,o 'BeQ.u,. Bt.t.~ loti lQTn', n. ~ilQJ Hl 357"3111
Cnu.&d.. or J..uU:iorilI.UOl:l }fa., 1.1 ~ Ul4 D ::lo06i l'ul . IN..! _~
.\.
:?,. .....
PROJECT: NO.
PROJECT PARCEl.:. NO:
TAX. PARCEL NO.
7509
828-
13_
SECTION
EXHIBIT -A-
Pege..3,L of~
,NORTHEASTERL Y
RIGHT....OF-WA y
LINE OF U.S. 41
~
uS
::5
~
~
"'I,
-J
::c
gE'
5E
<(
~
~
POINT OF
'BEGINNING '
POINT OF
COMMENCMENT
MOST SOUTHERL Y
CORNER OF
TRACT M
CUI;?VE
Cl
C2
DELTA
74'00'57"
91'25'52"
PREP ARED 8Y:
Agenda Item No. 1 A
October 24,2 6
Page 45 of 9
LINE TABLE
LINE LENGTH 8EA'RING
L1 50.27 S Je'5S'10" c
L2 61.20 S 48'08'3e" W
@
~
(PRIVA TE
ROAD)
,.....................
~ @
g
.341.80'
)
DRAINAGE EASEMENT
! ' ~
SECTION 19, TWP.
50 S., RGE:, 26 E,
TR ACT L
LfL Y GOLF ESTA TES
TRACT MAP
(P. B. 8, PG, 20)
@
CURVE TABLE
RADIUS ARC
1e.78 24.26
45.00 71.81
CHORD
22.61
64.4J
CHORD BEARING
S 80'32'50" E
S 84'42'06" E
SHEET l' OF" 2
BY:
GUY P. ADAMS, P.S.M. NO. 4390
SCALE: 1" == 10~
DRA'rVN 8Y:~ DATE; MARCH, ?8, 200Q
CHECKED BY:~ PROJECT NO,: 7599-1
FILE NO:' 828~_ ACAD NO: 8289-8?6.
,;, .
Jo
" ~
SECTION 19, TOWNSHIP 50 SOUTH, RANGE26 EAST
. '!
COLLIER COUNTY, FLORIDA
EXHIBIT -A.
p..~ 01.5.1-
7599
R?L
13
Agenda Item No.1 A
, October 24, 2 06
Page 46 of 9
PROJECT:, NO.
PROJECT PARCEL NO: :
TAX, PARCEL NO. '
1>roposed Drainage, Access & Maintenance Easement
' PARCEL 828
LEGAL DESCRIPTION
THA T PORTION OF TRACT M OF LEL Y GOLF ESTA TES, TRACT MAP, AS RECORDED
IN' PLAT BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLoRIDA, AND MORE PARTlCULARL Y DESCRIBED AS FOLLoWS:
COMMeNCE A T THE MOST SOUTHERL Y CORNER OF SAID TRACT M, LELY GOLF ESTATES,
THENCE NORTH 3a'59'10" WEST ALONG THE SOUTHWES1E,QLY 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 FEn TO THE ARC OF A
CURVE: CONCA VE: SOUTHERL Y HA VINe A RAD/US OF 1 B.7B 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
38'59'10" EAST 50.27 FEET TO THE BEGINNING OF A CURVE CONCA VE
NORTHERL Y HA VING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF
91 '25'52". A CHORD BEARING SOUTH 84 '42'06" EAST A CHORD D/STANCE
OF 64.43 FEET. AN ARC DISTANC, OF 71,a! FEET TO THE NORTHWESTERLY LINE
OF A 100' f>10E DRAINAGE EASEMENT; THENCE SOUTH 4S'08'38" WEST 61.20 FEET
TO THE POINT OF BEGINNING. COntaining 2,142 Sq. Fees IIlore or less.
. - - .'
." .',' ~. - ..
... ~.i __.'
: "":"'-. ~
'" -"'., -.... ~..
-, .
~ .:. . ,
'-- ,
~ ". .:,.
.. ,'- ..
.. >,' .
-;:~ ':."::., ~,
, "
.~ "':--: '::"'
, ~ .'.,
-.... .-
....... -..
~: ..;.....
f'".,' ,.
'..', ".
"-.
,.- ......
.';' ,
7-:-,- .
PREPARED BY;
.....
ms. NOLI 04/10/06
me:. BER &: 828
:::::: UNDAGE_
PrnI'''Ioll4l engineen. .1'l.o""o1'o, &: lond ourny,,1'o
~ Cn.l:l91.Jult..aoo, 'l'-4Oll 11.1:1l.1.a.=J fn.ll.lflll'U.; If..,.., :n. '-'10.0 IH1)e"_~Ul
'- ~~~.:: ~~... ~~ n. ~ :;;=::~
8Y:
SHEET 2 OF 2
GUY p, A s, P.S.M.
SCALE:
DRA'r'tN 8Y: DATI::--.MARCH ?R 2001;l
CHECKED 8Y:--GU PROJECT NO.: 7599-.1
FILE NO: 8289 _ ACAD NO: 82B9-82~
NO. 4390
:=
Agenda Item No. 1 A
October 24.2 6
Page 470 9
PROJECT: NO. 7599
PROJECT PARCEL NO: 7?9
TAX PARCEL NO. 13.7
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FlORIDA
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY)
~
'!'V . ,p
~~\
'7
EXHIBIT -A.
page..:tJL of..ll
@
".
'"
".
@
PEPPERWOOD CONDO
Phase 1
S 48"01'29 W
200.00
VALLEY STREAM DR. (PR/VA TE
ROAD)
PO/NT OF
BEGINNING
....
'"
".
",
".
TRACT if.'.......
LELY GOLF ESTATES
TRACT MAP
(P.B. 8, PG. 20)
@
...............................................................
(O.R. 925, ::c: @
en PG. 254) .jo,.
, '.jo,. LlQi
LI- @
Egj 8~
c:> ~ . -
c:> ,I\:) 8 ·
. ~
,fT1
PARCEL 729~
PR POSED 10' T,C. . @
rSOUTHEAS7'/::RL Y 10'
---------------- --....------ -----------
-I ;:;48-or29""7-- "._h___...,..._______..._,..__.
200.00
DRAINAGE EASEMENT
TRACT L
LEL Y GOLF ESTA TES
TRACT MAP
(P.B. 8, PG. 20)
@.
TRACT A
LEL Y GOLF ESTATES
TRACT MAP
(P. B. 8, PG. 20)
SECT/ON 18,
TEMPORARY ,
CONSTRUCTION EASEM~NT
PREPARED BY:
06/21/06 ADDED BEARINGS
SHEET 1 OF 2 i
.....
55!:. NOLI
51!!! BER &
=====: UNDAGE~.
Prol.ulonal IInpn..n:, plAnners. '= lAnd. -\U"ft)"On '
CcL11Yr eo.aton hit.. 100, 1400 T--.l.uI1 Tl"IU" ~ ,..,.... n. 1411)1 (Wl)lf7-IUl
- ~ ~~= ~ ~.. ~.::-- n 'i: ~::f=:-=
01/11/06
10' T,C.E.
03/27/06
PARCEL 729
BY:
GUY P. ADAMS, P.S.M.
SCALE: 1" '" 100'
DRAWN 8Y:~ DATE: JULY 16. ?002
CHECKED 8Y:.JlfA PROJECT NO.: 7599-1
FILE NO: 8'1'19 ACAD NO: 8289-729;
NO. 4390
PROJECT: NO. 7599
PROJECT PARCEL NO: n~
TAX PARCEL NO. ' 13.7
Agenda Item NO.1 A
October 24,2 6
Page 48 0 9
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
. 11 COLLIER COUNTY, FLORIDA
EXHIBIT ....a..
p....iL of~
LEGAL DESCRIPTION
PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT
PARCEL 729
THE SOUTHEASTERLY 10 FEET OF THE FOLLOWING DESCRIBED
LAND;
THA T PORTION OF TRACT M, LEL Y GOLF ESTA TES, TRACT MAP,
RECORDED IN PLA T BOOK 8, PAGE 20, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, DESCRIBED AS;
COMMENCE A T 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 28.33'33" W FOR 527.00 FEET TO
A POINT OP CURVA TURE; THENCE RUN 329.55 PEET ALONG THE
ARC OF A CURVE CONCA VE TO THE NORTHWEST HA VING A
RADIUS OF 970.00 FEET AND SUBTENDED BY A CHORD HA VING
A BEARING OF S 38.17'31" W AND A LENGTH OP 327.96 FEET
TO A POINT OF TANGENCY,' THENCE RUN S 48.01 '29>1 W A
DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING (POB)
OF Tl-lE DESCRIBED LANDS.
FROM THE POB, RUN S 48.01 '29" W FOR, 200.00 FEET; THENCE
RUN S 41'58'32" E FOR 300.00 FEET; THENCE RUN N 48.01 '29>1
E FOR 200.00 FEET; THENCE RUN N 41"58'31" W FOR 300.00
PEET TO THE POB. Containing 2,000 Sq. Feet; more or le~s.
'......
TEMPORARY
CONSTRUCTION EASEMENT
I
j" ~., ~.., ~ r .: ,.. . t ~ {j" ~"'"
,~~., "
. .tt ..
. " '" -' '''l"f>''<l~~"'.;.;"'~,.,.''.'''',,,,,_,
'. ',i~'~.: <~~;,.
. ._. . 2-~? ~:: ~~ ,',' ~~.
.:; " ._,- .
:: . .:r: :~? ,t=f
". 1..,. ......
PREP ARED BY:
I
BEARINGS ARE BASED ON THI: LEL Y GOLF ESTA TES TR C MAP
PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FLORi
. ,..-
"c., :.::" .;::;. .f:;' ti '<.>'
\'<"'0""",0'" ,..."
.;.r,~ , .' \:c.r
'j"~J"r"J~~'I"""\~' "
.....
:::: NOIJ
.....
55S5:. AEBER &
:::::: RUNDAGE,DI..
Prof&SSlonal ellgineers, plannflrs, & lllnd B'urve;yorw
CoW.r CoUD.t,rI BId.... aoo, T400 T&m.1Q1lJ. Tr..u. Nortbr Napl." n. UJCo (04J)~n-3ul
1... CIt\LQ,t.n INILt -101. IBM Bftld..r7 su..t., lol'\ ~. rL =DOl ('Ul)~:S'l'-3111
C.r1.U101.t4 of AuthotiuUou :!'Ill", 1.1 3GN uul. D s.e.u )'-.u (041)o.N-ac:!
01/11/06
10' T.C.E.
03/27/06
PARCEL 729
BY:
SHEET 2 OF 2
GUY P. A NO. 4390
SCALE:
DRA',\IN BY: DA IT: JULY 16 200Z
CHECKED B.~ PROJECT NO.: 7599-1
FILE NO: 828Q \ ACAD NO: 82fl9-72Q.,
,~.
PROJECT: NO.
PROJECT PARCEL NO:
TAX PARCEL NO.
7599
730
13.12
Agenda Item No. A
October 24,2 06
Page 49 0 79
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF" TEMPORARY CONSTRUCT/ON EASEMENT (NOT A
EXHIBIT -A.
page..:t...Z... of..s::z..
".
@
PEPPERWOOO:CONDO
Phase 1
POINT OF
BEGINNING
. .........
S 48.01'29# W
200.00
VALLEY STREAM DR. (PR/VA TE .ROAD)
. . . . . , . . . . , . . . . . . . . ~ . . . . . . . . , . . . , , . . . . . . . . . . . . . . . . . . . . , . . . , . . .
@
Vl @}) <:
"" t
~ gJ
@ S ~ '"
!:i (O.R, 497, 2 -
. .
0 . Cl
Cl ", PG. 889) Cl ~
TRACT M
LEL Y GOLF" ESTATES
TRACT MAP @
(p.a. 8, PG. 20)
---------7'Js~~~~~~-\
- N48-o'"fT29'r,-
PARCEL 730 200.00
PROPOSED 10' T.C.E: DRAINAGE EASEMEN'
SECTION 19,
@
TRACT L
LEL Y GOLF" ESTATES
TRACT MAP
(P.B. 8, PG. 20)
RGE. 26 E,
TRACT A
LEL Y GOLF" ESTA TES
TRACT MAP
(P. B. 8, PG. 20)
TEMPORARY
CONSTRUCTION EASEMENT
08/21/06 ADDED BEARINGS
I.....
5E!!. NOU
..... -
..... BIm ,&
......
,!:::::: UNDAGE.....
!Prof...iond engine"rs. pla.tm'linJ, & le.ud l!Iurveyor.
'Co1Un ~Q1 hU.. .too. '400 1'a.m1&mJ. T'rdl. HartA; H.Plft, 7L J41DII (~1)15117-1UJ1
,r.... ~~.~ o~~~:.t~:: ~:,~ '~~Ul. ~ ~. 11. ~':z~ ~::~~:~
01/11/06
10' T.e.E.
03/.27 06
PARCEL 730
BY:
SURVEY)_ ~
j/ ,,66
iV-.~
~ v'
</ c;v~
Phose
@
@
---
/
/
/
/.
/
/
/
/
/
/
SHEET 1 OF 2
GUY p, ADAMS. P.S.M. NO. 4390
SCALE: 1" c 10Q' .
DRAWN BY:~ DATE: JUt y 16. ?OQ2.
CHECKED BY:~ PROJECT NO.: 7599-1
FILE NO: 82B~ ACAD .NO: 8289-73Q
,f
Agenda Item No. A
October 24, 2 06
Page 50 0 79
I PROJECT: NO.
PROJECT PARCEL NO:
TAX PARCEL NO.
7599
730
13.12
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
A COLLIER COUNTY, FLORIDA
EXHIBIT _
p..-=t3.. of.ll
LEGAL DESCRIPTION
PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT
PARCEL 730
THE SOUTHEASTERL Y 10 FEET OF THE FOLLOWING DESCRIBED LAND;
COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF
ESTA TES,. AND RUN S 89'32'18" Iv, ALONG THE NORTH LINE OF SAID
. TRACT M, FOR 457.44 FEET; THENCE RUN S 28'33'33" I.v, FOR 527.00
FEET TO A POINT OF CUR VA TURE; THENCE RUN 329,55 FEET ALONG THE
ARC OF A CURVE CONCA VE TO THE NORTHWEST, HA VING A RADIUS OF
970.00 FEET, AND SUBTENDED BY A CHORD HA VING A BEARING OF S 38'
17'31" vv. 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" Iv, 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 41'58'31" W, FOR 300.00 FEET TO THE POINT OF
: BEGINNING. Containing 2,000 Sq. Feet/ more or less.
.~ ~~.It'l' ili"tJ~I';.~.,.
/:;":~::C;;:~ ';"::"\
, . ~;. --:.,.'-<
) ~
-. -..,:..... .-
:t: :::.
. ~, .
..
. ,'. ~
TEMPORARY
CONSTRUCTION EASEMENT
,
,'::::-
....
.....
.....
.....
......
~:.::::: trNDAGE,IMl.
;Protol.lono.l eneineet'll, pla.UlJ.en, 6: lo.n.d B1..l.r'78YOn
;CGU1.r ~ hU.. .II)Q. 1'00 7ual.u:a1 r...u. ~ x~. :n. lUlge ("'l~l'7-nll
x- CDwa:.VI ~ 101, -1.." ~ ~ .PIn >>nn. n. DeuX (~l)5:l'1-IUu
c.rua..t.. Of ~~ lC... QI IIH UI4 D J66.I, lUl (Nl}6Of--'-OlI
01/11/06
10' T.C.E.
03/27/06
PARCEL 730
SHEET 2 OF 2 ,
,PREPARED BY;
BE:ARINGS ARE BAS[D ON THE: LELY GOLF ~STArr:s TRACT M
PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA
BY:
NO. 4390
DATE: JULY 16. 200,
PROJECT NO.: 7599-1 '
ACAD NO: 8289-730
~' ....
Agenda Item No. A
October 24,2 06
Page 51 0 79
PROJECT: NO.
PROJECT PARCEL NO:
TAX PARCEL NO,
759~
731
1310
SECTION 19. TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUN TY, FLORIDA
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A
EXHIBIT -A.
pege..1!:L of..s::;...
SURVEY) ~;
1J;f/ ....r;:,~ ,
~ .~
"
{j
c.J.J'fo
REGENCY woqDs
CONDO
@
(O.R. 527,
PC. 746)
Phose II
".
'"
PEPPER WOOD : CONDO
Phase 1 Phose 1/
POINT OF
BEGINNING
C1 (PR1VAT)E
ROAD .....
VALLEY STREA~..?~:.............
.........
. ..,...... .................."........... ....,..,.,.....
..,
..'
@
BUCKEYE
PALMS
CONDO
~
@
@
~
SOUTHEASTfRL Y 10'
r __
-=T -:l:C=~ PARCEL 731
PROPOSED 10' T.C.E.
----------
DRAINAGE EASEMENT
,
I,
I'
TEMPORARY
CONSTRUCTION EASEMENT
SEC770N 19, nYP. 50 S., RGE. 26 E. //
TRACT A /~ 'i:t'v:<.,
LEL Y GOLF ESTA TES // 6 ~Y.,~ .-
TRACT MAP // ,,\~Cj " //
(P.B. 8, PG. 20) / >
CUR\f' TABLE
CUR\f' DELTA RADIUS ARC CHORD CHORD BEAJ//NG
C1 9'.(3'M" 970.00 164.77 le4.M S .(3W';so" W
C2 9'.(3'57" 1270.00 215.73 215.47 N .1,J't)9';so" E:
PREPARED BY:
08/21/06 ADDED BEARINGS
SHEET 1 OF 2"
.....
....
....
....
.....
.....
......
:::::: UNDAGE.-:. .
Prete.-nonaL aJliiu.aro., plAtmans, &: la.nd llIUJ"nyon
e.Ju. Cou,V1 hi.. ROO. 7400 JUII.1uat 'h.U. H~ lf~, n 14lQl {Nl)G"'''II111
1.- CoQ\7I Ihd.U lDl. llM1'Bc.4r7 ftnct, hft ~ n aeol {~l)MT":UU.
c.tIae&Wi et A..u..m.ticIa. !foe. a ~ ..., :a IOt4. hxI <...l)6N-aos
01/11/06
10' T.C.E.
03/27 05
PARCEL 731
BY:
GUY P. ADAMS, P.S.M. NO. 4390
SCALE: 1" = 100'
DRAWN BY:~ DATE: JULY 16. ?002
CHECKED BY:~ PROJECT NO.: 7599-1'
FILE NO: 8289 ACAD NO: B2B9-7~1
PROJECT; NO. 7599
PROJECT PARCEl. NO: 731
TAX PARCEL NO. 13.10
Agenda Item No. A
October 24, 2 6
Page 52 0 9
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
EXHIBIT -A..
.......!:ls:. of.ll
LEGAL DESCRIPTION
PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT
PARCEL 731
THE SOU THEA STERL Y 10 FEET OF THE FOLLOWING DESCRIBED LAND;
THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA rES, TRACT MAP AS
RECORDED IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF
ESTA TES, AND RUN S 89'32'18" W. ALONG THE NORTH LINE OF SAID TRACT M,
FOR 457.44 FEET; THENCE RUN S 28'33'33" W. FOR 527.00 FEET TO A POINT
OF CUR VA TURE; THENCE RUN 164.77 FEET ALONG THE ARC OF A CURVE
CONCA VE 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 CONCA VE TO THE
NORTHWEST, H,A VING A RADIUS OF 970.00 FEET, AND SUB TENDED BY A CHORD
HA VING A BEARING OF S 43"09'30" W AND A LENGTH OF 164.58 FEET /0 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 CONCA VE 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 51'42'29" W, FOR 300.00 FEET TO THE POINT OF
BEGINNING; Containing 2,004 Sq. Fees more or less.
. 'i,~~,l",
TEMPORARY
CONSTRUCTION EASEMENT
.. ~ l ~'\ \ ~ \ 1. P ~.:;:~.~ n :~~: ':':' I ~", " ~.
....'... ...,.,,,,, ."(>"""',,~ :~~, ~:''''_.
.; '" I" .~ ..r'. \,\: ":~ .
/ ~;-;~7/' S. ~ .,;;.~\ "', \
. o. ':.'~ -., ~'.... (.....:
. "" -) I ri '.::;.........,,','...,'.....: ...
. .~'~\~.:.;~~ ;:i; ~~ .
.~. ~~'i~::,:~:,~:.~~~:~~.:.;:.:.. ..'
.....
55:5. GNOU
55:::. ARBER &.
:::::: RUNDAGE,DfC.
Protes8ionc.l engineera:, planners, &: lc.nd aUI"Vl!lyora:
CGUi.. Count" 9u.I.1. 100, 74OC1 :tu:u1&m.! tnu. Norlbr HapJ.., n. HID. (W1)~97-:S111
wa ~~.\e IJ~~U:~;;':~: ~:.~ S;:\~d ~n~. 1't ~: ~::~~:~
01/11/06
10' T.C.E.
03/27/06
PARCEl. 731
BY:
PREPARED BY:
BEARINGS ARf: BASf:D ON THE LEL Y GOLF ESTA TF:S mACT M
PLAT BOOK 8, PAGE 20, COLLIER COUNTY, FLORIDA
08/24/06 ADDED CAPTION
GUY P. ADA
SCALE: N.T s. I
DRAWN BY:~
CHECKED BY:...:m:A
FILE NO: 8289
NO. 4390
DATE: JULY 16. ?002
PROJECT NO.: 7599-1.
'ACAD NO: 8289-731
...
Agenda Item No. A
October 24,2 6
Page 53 0 9
PROJECT: ,NO.
PROJECT. PARCEL NO:
TAX PARCEL NO,
7599
732
1.3 4
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FlORIDA
SKETCH OF TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY~
~,~
.'1-'" ,0
/\p \' ~
scl'
EXHIBIT -6....
Pttge.:i.k. of~
PEPPER WOOD :'CONDO
Phase 1
'.
@
. ................'....
Phose II
REGENCY; WOODS
CONDO
Phase /I Phose /II
'"
".
@
C1
POINT OF
BEGINNING
". ......................~~LLEY STREAM DR, (~~~~)E
Q ...... ............ '"
e............................
VALLEY STREAM
:Z:COURT iNC. CONDO
~ ~ @
15 ~ 13.9
o '"
o 'i TRACT M
(ELY . GOU" 'tSTA its'
TRACT MAP
(P.B. 8, PG. 20)
- ..[SOUTHCASTERLY 10' @
~T~~~~ ----------
DRAINAGE . PARCEL 732
EASEMENT PROPOSED 10' T. CE
BUCKEYE
PALMS
CONDO
@
(O.R. 14.32,
PG. 1467)
TRACT A /,,//
LEL Y GOLF EST AIES
TRACT MAP
(P.B. 8, P-G. 20)
SECTION 19, TWP. 50 S., RGE. 26 E.
/'
./
./
./
...
./
./
./
./
/
/
./
/
/
---
CURI'E
C1
Co2
@
CURI'E TABLE
RADrUs Me CHORD
Q'.j,J'Il7" Q70.OO IS4.n 164.58
g'.j,J'I57" . 1270.00 211173 215047
LEL Y GOLF [STA TES UNIT 1
. (P.B. 8, PC. 49)
@ @
@
-'
CHORD !lE:J,RjNG
S ""'2I5'J2" W
N ""'2I5'J2' e
PREP ARED BY;
08/21/06 ADDED BEARINGS
SHEET 1 OF 2
.....
5!ES. NOLI
.....
.....
......
:::::: UNDAGE.DIC,
Prol...101lll! .aatn...... p]a""...... & la.n4 .urnoYO'"
~\rt =: ~'. ~=~-= ~=;t= l~~~":::i~i
~W> ..c ~ MOL 1.1 I6U a4 D ~ 7Q:l; ("'1....110I
01/11/06
10' T.C.E.
03 27 06
PARCEL 732
BY;
GUY P. ADAMS, P,S.M. NO. 4390
SCALE: 1" '" 1 00'
DRA'M-l BY:.....!AL DATE: JULY 16 ?002
CHECKED 8Y:.JU:A PROJECT NO.: 7599-1 .
FILE NO: 8289 ACAD NO: 8289-732 il
PROJECT: NO. 7599
PROJECT PARCEL NO: 73'
TAX PARCEL NO. 13-4
Agenda Item No. A
October 24.2 06
Page 54 0 79
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
EXHIBIT -6-
ParIe..:LL of..ll
LEGAL DESCRIPTION
PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT
PARCEL 732
THE SOU THEA S TERL Y 10 FEET OF THE FOLLOWING DESCRIBED LAND;
THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA TES, 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 A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF ESTA TES,
AND RUN SOUTH 89'32'18" WEST, ALONG THE NORTH LINE OF SAID TRACT M,
FOR 457.44 FEET; THENCE RUN SOUTH 28'33'33" 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 CUR VE CONCA VE TO THE
NORTHWEST, HAVING A RADIUS OF 970.00 FEET, AND SUBTENDED BY A CHORD
HAVING A BEARING OF SOUTH 33'25'32" WEST, AND A LENGTH OF 164.58 FEET;
THENCE RUN SOUTH 51"42'29" 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, POR 300.00 FEET TO THE POINT OF BEGINNING; Containing 2,157 Sq.
. Fee) more or less.
TEMPORARY
CONSTRUCTION EASEMENT
. ,
... 'l. ."', "r ~
'~~aft!.:~~~~~j~:,} :
'~r('C'il'/': Rc;';"'\":".'"
If ~<. li.~ / ~ r ~ ~~ I ~
. .:~~ \\~ 1',- (.; " r~.~ r ~
"'" :,.~
':'~~J
PREPARED BY:
"'ARINGS ARE 8ASED ON m< LaY GOLF ESTA7<S TRACT M 1"
PLA T BOOK 8, PAGE 20, COLLIER COUNTY, FWRIDA
.....
:::: GNOU
.....
==:== BER & .
......
====== RUNDAGE,DlC.
Proles.donal englneen, planner., &: le.nd survey-orr
CoWIIt' COl1lll)'l h.U.. 1:00, "1"4.00 'r~ 'traU. Hcn'thl Napl.., J'L 34tllO {~!)IHI1-31U
Lit ~=.t4 :'""i~~:,t.l::: ::.~ ~n.U14 ~~::-. no ~~ t:~=:~
01/11/06
10' T.C.E.
03/27 06
PARCEL 732
BY:
OF 2,
GUY P. ADA
SCALE:
DRAVIN BY:
CHECKED BY: ~
FILE NO: 8:189
NO. 4390
DATE: JULY 16 :1002
ROJECT NO.: 7599-1
CAD NO: 8289-73?i,
.t.
t.. eo- ":.- .~
Agenda Item No. A6
October 24, 2
Page 55 0 9
PROJECT: NO. 7599
PROJECT PARCEL NO: 7.'13
TAX PARCEL NO. 13.2
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26, EAST
COLLIER COUNTY, FLORIDA
SKETCH OP TEMPORARY CONSTRUCTION EASEMENT (NOT A
TEMPORARy
CONSTRUCTION EASEMENT
. EXHIBIT...A..
Page..:J.L of..ll
SURVEY)
j~
.r//, \0
~ .~
~ )..~t:. \
sCr
PEPPER WOOD
CONDO
PhOse II
'.
@
................................
Phose If
REGENCY WOODS
CONDO
Phose III
Phose IV
. '0,
TRACT M:
LEL Y GOLF ES7:A TES
TRACT MAP
(P.B. 8, PG. ~O)
POINT OF
BEGINNING
......
.............
400.:00
VALLEY STREAM:. DR. (PRIVA TE
ROAD)
BUCKEYE
PALMS
CONDO
@)
. ,
...............................,.....................,.......... ..............
' .
b
<;)
c:i
~
VALLEY STREAM
COURT If/C. CONDO
@
...............................:..........................,....
(O.R.~ 618,
PG. :1729)
VISTA RIO
CONDO
"c
<;)
c:i
g
@)
---
rSOUTHEA:STERL Y 10" ,
--_._--~---.---~' ----
-----T--'4.oo:oo'--- ---__
PARCEL 7JJ
DRAINAGE EASEMENT PR()POSED 10' T.C.Eo
TEMPORARY
CONSTRUCTION EASEMENT
SECTION 19; TWP. 50 S., RGE. 26 E.
1,10' FP&L EASEMENT
---
.>
o
"",0.
~o
~~
~~
"?,'S
i;"\
LEL Y GOLP ESTA TES UNIT 1
(P.B. 8, PG. 49)
@ @ @ @ @
PREPARED'BY:
.....
::::. NOU
......
::=:: ArmER &
......
:::::: RUNDAGE,,,,O,
Pro!u.ional en.gineers, pla.nne:nrt &: lD.nd 8UI"Veyon
OolUu C'O\blt,1 SuH.. lOCI, '-'00 'tuul ltIll TUll, :MorU:.r 1'1.,,1... n. ~108 (N1JmO'.3111
1... Coaat.:rl Butt.. 101. IIlU 1111lcl.r7 'u..ri. 70rt ~, PI. ~901 (Nl ;S~'''al1t
Oerl1rtuLt oC J.uthoIinUQIl. No.. .Ui :J.C.U 1.Jl.{ D :.o.u )'&%1 (~1 -1tOI
01/11/06
10' T.C.E.
03 27/06
PARCEL 733
SHEET'1 OF 2,
BY:.
GUY P. ADAMS, P.S,M. NO. 4390
SCALE: 1" .. 1 QQ'
DRAWN BY:.....JAL DATE: JUt Y 17. 2002.
CHECKED BY:~ PROJECT NO.: 7599-1,
FILE NO: . 8?89 ACAD NO: 8289-73~;;
~,
A ,.. {
PROJECT: NO. _
PROJECT PARCEL NO:
TAX PARCEL NO.
Agenda Item No. . A
October 24,2 06
Page 56 0 79
7599
733
13,2 '
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNT~ FLORIDA
EXHIBIT --A.
p--~ 01..5..2
LEGAL DESCRIPTION
PROPOSED 10 FOOT TEMPORARY CONSTRUCTION EASEMENT
PARCEL 733
THE SOU THEA S TERL Y 10 FEET OF THE FOLLOWING DESCRIBED
LAND;
THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT
MAP, AS RECORDED IN PLAT BOOK 8, PAGE 20, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE A T THE NE CORNER OF SAID, TRACT M, LEL Y GOLF
ESTATES, AND RUN S 89"32'18" yv, ALONG THE NORTH LINE OF
SAID TRACT M, FOR 457.44 FEET; THENCE FWN S 28'33'33" yv,
FOR 127.00 FEET TO THE POINT OF BEGINNING OF THE
HEREINAFTER DESCRIBED PARCEL OF LAND;
THENCE RUN S 28'33'33" 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 I~EET; THENCE RUN N 61'26'27" W FOR 300.00
FEET TO THE POINT OF" BEGINNING; Contaimng 4,000 Sq. F.e;:, _re or Ie.".
," .... - --
,f ,:,:,<"~~ ::: ,'::_
/.. --
,., :..::::
TEMPORARY
COt-.JSTR~~T~ON EASEMENT
-.
- -- -
-. ~- ',~~:.. ~. ~;
~
PREPARED BY:
....~
a:a5. GNOU
::::: AnBER' &:
...-..13
:::::: RUNDAGE.Ilm.
ProtenloneJ ong1nue!'3, plll.hIlOnf, &: land SU!"V9yors
C"",, C'W1\r. lull. '''''. 7<"" T"",Un! Tn". No"", NopI"_ n. ",I" ("')"1-0111
.... ~:~... o':"i~.,;~~.t,1:: ~::'.'Z. ~~"'< i;"~' :rr. O;~ i:1;~:~;
BEARINGS ARE BASED ON mE LEL Y GOLF ESTA TEs TRACT AP
PLAT BOOk 8, PAGE 20, COLLIER COUN7'(, FLORIDA
BY:
SHE:ET 2 OF 2
01/11/06
10' T.C.E.
03/27 06
PARCEL 733
NO. 4390
DATE: JULY 17 2002.
PROJECT NO.:-.J599-.1 '
ACAD NO: B?A9-7,1Q '.
~,
. "ti. .
~ '.. '
"-
PROJECT: NO,
PROJECT PARCEL NO:
TAX PARCEL NO. '
7599
834-A
131
EXHIBIT -6-.
Page.5Q.. 01..$2.
Agenda Item No. A
October 24, 2 6
Page 57 0 9
SECTION 19) TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH OF ACCESS EASEMENT (NOT A SURVEY)
SECTION 19, TWP. 50 S., RGE. 26 E.
-- - - --- -- -y - ---\- - - - - - - --~g~:E:~~E:ME:NT
110' FP&L EASEMENT \ \ TRACT B NORTHEAS-ft;ORNER
OF TRACT M
.....
m5.. GNOIJ 04/10/06
::::: 834-A
......
::::;: UNDAGE,.."
Pro!onional englneenr, plCl.lUlera, &c land s\U"Y'elYOt3
CoUJ._ ColLD.\n hllol 200. '(400 T~1I&l. Tu.U. 2(gr1J:.1 Na.plM, n. '-'108 (~l)IIP7-81l1
... ~:~... :,'".':U::.t1J:: ~:.~ a;;:...."". ~" ~' 110 "",':1. 1:1:~:~:
CURVE:
C1
C2
CURVE TABLE:
RADIUS ARC
55.00 81.45
75,00 80,33
CHORD
74.21
88.73
DEL TA
84'51'Oa"
61'22'04"
@
. . . . . . . . . . . . . . .
REGENCY WOODS
CONDO
Phase III Phase IV
(PR/VA TE VALLEY STREAM DR,
ROAD) TRACT M
. . . . . . " LtL Y 'GOLF' tSTA'TES
' TRACT MAP
@ (P,B, 8, PG, 20)
VALLEY STREAM @
COURT IN . CONDO
(O,R, 618,
PG, 1729) @
@
DRAINAGE EASEMENT
LEL Y GOLF ESTATES U
(P.B. 8, PC, 49)
@ @
PREPARED BY:
CHORD BEARING
S 03'59'24" E
N 2178'4J" W
~,~
.'1/' \0
~ .'"
<{// >..\,.'f-'. 'I
SCr
LINE TABLE
LENGTH
28.83
33.81
81.08
149.83
13.04
BEARING
S 89'39'2.7" W
S 46'24'58" E
S 38'26'43" W
S 43'35'02" w
N 46'24'58" W
127.00'.
2130,
1008
. . . . . . . . .. . .
VISTA RIO
CONDO
8@
g
I") (O.R. 794,
PG. 1467)
PARCEL 834-A
PROPOSED ACCESS
EASEMENT
AREA=2,902 SQ. FT. .:t
(.')
~~
I-~
<::r-r:
0"'"
Q..~
91.40'
N4J'<15J 12
LEL Y GOLF ESTA TES UNIT 7
(P'0)' PG\! . CD
~
o
\1'\ 0_
~o
~~
~"t-
~'S
~
SHEET 1 OF 2
BY:
GUY P. ADAMS, P.S.M. NO. 4390
SCA~: '1" = 100'
DRAWN BY:~ D,ATE:-.MARCH 28 2Qe&
CHECKED BY:~ PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289-8:i%
. ."~ r
PROJECT: NO,
PROJECT PARCEL NO: '
TAX PARCEL NO,
, , 7599
834-11
131
EXH,srr -L
Pege2.. of-U
Agenda Item No. A
October 24, 2 6
. Page 58 0 9
"
..
. SECTION '19, TOWNSHIP 50 SOUTH,' RANGE: 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
PROPOSED ACCESS EASEMENT
PARCEL 834-A
THA T PORTloN OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT MAP, AS
RECORDED, IN PLAT BOOK 8, PAGE 20, OF THE RECORDS OF COLLIER
COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE A T THE NORTHEAST CORNER OF SAID TRACT M, LEL Y GOLF
ESTATES, AND RUN S 89'39'27" W; ALONG THE NORTH LINE OF SAID
TRACT M, 119,07 FEET TO THE POINT OF BEGINNING OF JHE HEREINAFTER
DESCRIBED EASEMENT;
THENCE CONTINUE S 89'39'27" 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 CONCA VE WESTERLY HA V1NG A RADIUS
OF 55.00 FEET, A CENTRAL ANGLE OF 84 '51 '08", A CHORD BEARING OF
SOUTH 03'59'24" EAST A Ci-fORD DISTANCE OF 74.21 FEET, AN ARC
DISTANCE OF Bl.45 FEET; THENCE SOUTH 38'26'43" WEST, B1.08 FEET TO
THE NORTHWESTERL Y LINE OF A . DRAINAGE EASEMENT;
THENCE NORTH 43'27'53" EAST, 149.83 FEET TO THE ARC OF A
CURVE CONCA VE WESTERL Y HA VING A RADIUS OF 75.00 FEET, A
CENTRAL ANGLE OF 72'31'39", A CHORD BEARING OF NORJH 21'18'43" WEST
THENCE NORTH 46'24'5B" WEST, 13.04 FEET TO THE POINT OF BEGINNING.
Containing 2,902 Sq. Fee~more or less.
.' .,. '>:-.----..::~~<>~.
.; ..,7i ~ ~~..~. ':r ........, '.
- -. ~ ~ ~
/- -;--..':-.... ,. ...
_. 7': ':.- ~
- .
. ' "-
. . ~""";
'.:. ~ ',';'-.
:;;"~: . <~/,::' /
~. ..' .
-"""
. .
-'f"
PREP ARED BY:
.....
me. NOU 04/10/06
::::: BEE & 834-A
......
:::::: UNDAGE_
Professional e~.en, plannen, &: land l!Ur't8yora
eew- Otrua.t;rI 1hIi!.l 100, 74DO ,.~ 'rn11. &rua.l :<<..,..., n lilH (Wl)e;tT-:Ull
1M Ccunf;n bU... 101, laa ~ ~ l'~.JI;rwn. II. 13CJ<l1. (~1).,'S.t7"':Ul1
Ccu&.,t. vi .4albori.u.ttoD, 1'... tl!I ~ &&4 I;B ~ l'u:l (~l__aoa
SHEET 2 OF 2,
By:
NO. 4390
GUY P.
SCALE:
DRAVrN 8Y:
CHECKEO 8Y:
FILE NO: 8289
DATE: MARCH :>8. :>006
PROJECT NO.: 7599-1
ACAD NO: 8289-8346.'
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNT'G FLORIDA
SKETCH, OF DRAINAGE EASEMENT (NOT A SURVEY)
, ~,~
~Tk". ~ ,\0
')// . S. '\
scl"
~ ' a,
,J
PROJECT: NO. 7599
PROJECT PARCEL NO: 1\34-8
TAX PARCEL NO. 131
CURVE:
Cl
CURV~ TABLE:
RAOIUS ARC
75.00 80.33
CHORD
76.55
D~L TA
61'22'04"
@
. . . . . . . . . . e . . , .
REGENCY WOODS
CONDO
Phase 11/
Phose IV
(PRIVA TE VALLEY STREAM DR,
ROAD) TRACT M
. . . . . . . . " LtL y 'GOU:.' ESTA'rrS
TRACT MAP
@ (P,B. 8, PG. 20)
VALLEY STREAM @
COURT IN . CONDO
(O.R. 618,
PG, 1729) @
@
EXHIBIT A
Page 52 of..s:.2..
Agenda Item No. A
'October 24,2 6
Page 59 0 9
CHORD SEARING
S 15'43'56" ~
LINE TA8LE
LINE LENGTH BEARING
L1 13.04 S 46'24'58" E
L2 115.04 N 43'27'53" E
. . . . . . . . - . .
VISTA RIO'
CONDO'
@)
(O,R. 794,
PG. 1467)
PARCEL 834-8
PRO'POSED DRAINAGE
EASEMENT
AREA=3,738 SQ. FT. :t
DRAINAGE EASEMENT
SECTION 19, TWP. 50 S., RGE. 26 f.
-----------\------\------
--
110' FP&L EASEMENT TRACT B
\ \
LEL Y GOLF ESTA TES U
(P. B. 8, PG, 49)
@ @
POINT OF
-'COMMENCEMENT
NORTHEAS~ORNER
OF TRACT M
..>
,0
~o.
~~
~~
~~
PERPETUAL, NON-ExClusrVe ~
DAAlNAGE 'EASEMENT
LEL Y GOLF ESTA TES UNIT 1
(P.B. 8, PG\ 49)
CD \ CD
......
m! 04/10/06
::m ' A.E. TO D.E.
......
:::::: UNDAGE....,
Prot...1onal Inl(.l..noe%'l', P~tW.81'1, &: lA.c.d lUM'eyol"W
CoUiat ~ 1I1ll"" 110O, 74.00 '1'&ailtaJ. 'n.U. lCarULI JIl~ n. ~101 CI41$E"'UU
10M c..t;rI h;l~ 101, 1.,. ~ nr-t, htt ~ :n. 83liICIl (-.1 1-3111
c.ua...~ fit ~1:&oola..ft'"" IJl ~ Ur.t q NU J'1oZl. (141 ....
SHEET 1 OF 2
BY:
GUY P. ADAMS, P.S.M. NO. 4390
SCALE: 1" = 100'
DRAWN BY:->o!AlL- DATE: MAFlCH 28. 200~
CHECKED BY:.JlfA PROJECT NO.: 7599 1
FILE NO: 8289 ACAD NO: 8289-834B
oil;;' 'i
PROJECT: NO. 7599
PROJECT PARCEL NO: 834-B
TAX PARCEL NO. 13.1
EXHIBIT ~
Page-U of-U.,
Agenda Item NO.1 A6
October 24, 2
Page 60 0 9
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCR/r'?TION
PROPOSED DRAINAGE EASEMENT
PARCEL 834-8
THA T PORTION OF TRACT M, OF LEL Y GOLF ESTA TES, TRACT MAP, AS
RECORDED IN PLA T 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, LEL Y GOLF
ESTA TES, AND RUN S 89'39'27" 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 4ff24'58" E, 13,04 FEET TO
THE BEGINNING OF A CURVE CONCA VE WESTERL Y HA VlNG 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 43'27'53" EAST, 115.04 FEET TO
THE POIN T OF BEGINNING. Containing 3.738 Sq. Fees more or less.
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......
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Protonlanal e.D.gineel1l, pla.n.nen. & lc.nd. nlrnYOre
~~... ~ ~i. I= ~~ "~"~:l: ~~ l::i~.,';::m
c:.ruao..... 0( ~~~ "'No UI ~ II.A4 D I54W 71lXl (Nl)&!1o-~
04/10/06
A.E. TO D.E.
BY: If A
GUY P':-' ~O"MS, P.S.M.
SCALE: N I c:
DRAWN BY:_lA4-;. DATE: MARCH 28 20Q6.
CHECKED B :-, ~ PROJECT NO.:-7599--1
FILE NO: 82B~ ACAD NO:-B289 834fi
SHEET 2 OF 2
NO. 4390
/r;
PROJECT: NO.
PROJECT PARCEL NO:
TAX PARCEL NO.
7599
836
1
EXHIBIT' ^ Agenda Item No. A
~ October 24, 2 06
pageft of..5.l... Page 61 0 79
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
SKETCH or COUNTY DRAINAGE & ACCESS EASEMENT (NOT A SURVEY)
(SEE SHEET 2 OF 2 FOR DESCRIPTION OF COUNTY DRAINAGE & ACCESS EASEMENT)
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Prol....loUlll en(ineer., pla.nnll!n, &; land surveyor.
CQw..r COUlVl lull.. 200, '401) Ta.m1ua1 TrfJl, MorUl; Hapl". I'L Ul0e (Nl)IIR'I'-:Ull
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UNIT NO. 1
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SHEET 1 or 2
BY:
GUY P. ADAMS, P.S.M.
SCALE: 1" - 150'
D RA \'IN BY: ......IA!:i-
CHECKED BY:..m:A
FILE NO: 8'89
NO. 4390
DATE: JULY 17. 2002
PROJECT NO.: 7599-1
ACAD NO: 8289-SD9
oJ
EXHIBIT -A-
Page :;S- of-a
Agenda Item No. A
October 24, 2 6
Page 62 0 9
PROJECT: NO. 7599
PROJECT PARCEL NO: 836
TAX PARCEL NO. 1
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LrGAL DESCRIPTION
PROPOSED 20 FOOT DRAINAGE AND ACCESS EASEMENT
PARCEL 836
THE NOR TH WESrERL Y 20 FEET OF TRACT A, (ADJOINING TRACT M) LEL Y GOLF ESTA rES, TRACT MAP,
AS RECORDED IN PLA T BOOK 8, PAGE 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 8050 SQUARE FEET OF LAND MORE OR LESS;
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Cwt:UIe..t. at ~~ !CO&. Ioa_ SISN &all D MU h:a C-.J)IOI-aoa
04/10/06
ADDED A.E.
09/05/06
ADDED AREA
SHEET 2 OF 2
BEARINGS ARE BASED ON THE LEl Y GOLF ESTA rrs TRA
' PLAT BOOK B,PAGE 20, COLLIER COUNTY. FLORID
BY:
NO. 4390
DATE: JULY 17 2004
PROJECT NO.: 7599-1
ACAD NO: 8289-SD~
"1
EXHIBIT ~
Page..& 01.5..2...
Agenda Item No. A
October 24, 2 06
Page 63 0 9
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 DESCRIPTION OF COUNTY DRAINAGE EASEMENT)
,~ ,~
POINT OF tfr''b 1/.' ~ ~
BEGINNJNG+~IP ~ ~~~..
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LINE: LENGTH
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72'58'1T"
08"18'51"
CURVE TABLE:
RADIUS ARC
30.00 38.21
30.00 35.77
CHORD CHORD BE:ARING
35.58 S 35"10'22" E:
33,59 N 83'40'29" W
SHEET 1 OF 2
PREPARED BY:
.....
Em 04/10/06
:5:55 ADD TURN OUT
:::::= UNDAGE,JIIC. .
Prot...lo~ eIl(in..l'II, plA::m.en. &: land l'UM'Wyon
~c.:tjpt =~ ~'. ~= ~-= ~]I:=; ~ ~~ ~=~~::~i~
c.naa.... 01 ~ B... I.J U66 ad D 110M hm {1I41)6N-aoa
BY;
GUY P, ADAMS. P,S.M. NO. 4390
SCALE: 1. .. 1 50'
DRA\YN BY:->lAl::L.- DATE: JULY 17 2002
CHECKED BY:....m:A PROJECT NO.: 7599-1
FILE NO: 8289 ACAD NO: 8289-837
"
EXHIBIT -A...Agenda Item No. A
pageQ of....s.:L October 24, 2 06
Page 64 0 79
PROJECT: NO.
PROJECT PARCEL NO:
TAX PARCEL NO.
7599
837
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
LEGAL DESCRIPTION
PROPOSED DRAINAGE de ACCESS E:ASEMENT
PARCEL 837
ALL THAT PART OF TRACT B, LELY GOLF ESTATE:S, UNIT NO.1, AS R!:CORDED IN PLAT BOOK
8, PAG!: 49, OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA BEING MORE PARTlCULARY
DESCRIBED AS FOLLOWS;
BEGINNING A T THE NORTHWEST CORNER OF SAID TRACT B;
THENCE NORTH 89'32'18" EAST 7.40 FEET TO TH!: NORTH QUARTER CORNER OF
SAID SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST;
THENCE SOUTH 89'39'41" EAST 22.60 F!:ET;
THENCE SOUTH 0'26'59" WEST 64.00 FEET;
THENCE SOUTH 37'31'06" WEST 234.75 FE!:T;
THENCE SOUTH 28'33'33" WEST 230.38 FEET TO THE B!:GINNING OF
A CIRCULAR CURVE: CONCAVE: NORTHEASTERLY HAV7NG A RADIUS
OF 30.00 FEET, A C!:NTRAL ANGLE OF 72 '58'11", A CHORD BEARING OF
SOUTH 3516'22" EAST A CHORD DISTANCE OF 35.68 FEET, AN ARC
DISTANC!: OF 38.21 FEET;
TH!:NCE SOUTH 29'55'24-" WEST, 35.15 FEET TO 7HE ARC OF
A CURVE: CONCA VE: SOU7H!:RL Y HA lANG A RADIUS OF 30.00 FE!:T.
A CENTRAL ANGLE OF 68/8'51", A CHORD BEARING OF
NORTH 83'40'29" WEST A CHORD DISTANC!: OF 33.69 FEET, AN ARC
DISTANC!: OF 35.77 FEET;
THENCE SOUTH 28'.33'3.3" WEST 390.11 FEET TO TRACT A;
THENCE SOUTH 66'27'45" WEST ALONG TRACT A 32.56 FEET,'
TH!:NCE NOR7H 28'33'33" !:AST ALONG TRACT B 983.90 FEET TO THE POINT OF BEGINNING OF'
TH!: ORA/NAG!: AND ACCESS !:AS!:MENT H!:REIN DESCRIBED.
CONTAINING 26,269 SQUARE FEET OF' LAND MOR!: OR LESS;
. :.,f"~:,::::~ .::~;:::. '~:':>~
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Profell.ional !!D.iineera, phumen. .\: land aurwyorll
Coll1no COUAI.,n luit.oe :too, 7+00 T&m1u:nf. TnU, Norihi Hlpl... n. ~lOll (lUl}~vr-:Ul1
L.I CoI.Ul,I;J'l Iut~ ID1, luo Blrtllll7 8tnet,. Fort ~, n s:JiOl (Hl):I::!1-::!111
Cn1.Ul.Olt.oe or AuthorislUOD k.,., 1JI ~ uul. Q 3664 lUl (~L)6oII-~
04/10/06
ADD TURN OUT
09/05/06
ADDED AREA
SHEET 2 OF 2
PREPARED BY:
BEARINGS ARE BASED ON THE LEL Y GOLF ESTA TES TR
PLAT BOOK 8, PAG!: 20, COLLIER COUNTY. FLORI
BY:
NO. 4390
DATE: JULY 17. 2002
PROJECT NO.: 7599-1
ACAD NO: 8289-837
LELY AREA STORMWATER IMPROVEMENT PROJEC.T
CONSTRUCTION PHASING PLAN
if ·
l;f@,_ ,-'" "1 ~ r=\'D) ,m is
~: "" lC'!l\ Or" ,-' ,1!::!..-,"_,,"~-~/'''''!'
~ iL_.., -e.T~-1 - - - -', ~:: lb~h 1__
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RATTLE NAKE HAMMOCK RD
RADIO RD.
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LASIP Construction Phasing Plan
Phase Year No. 1"rOIec:c Name
1 R8tt1e Sn8lal Hllmmook
2 'COUriIv Bam Raoad'
I 2006 a L.81v Branoh CliIllIIR8l Ham to K111C1l1 Lakel PH 1
.. Mliiiiiilon I.8nd Aestoratlon !Cleartna)
2001 Toad
. LillY 8",nol1 Call1IIRIOt Ham to K111C1l1 Lalce} PH 2
. Nol1henl RoIIaI Woad
7 C_ RoIId
2 200T' Cope 1.811I
t Roodl Wood Lalla Interoonned (one onlY)
10 Letv Main ClInel IE... Well S of Rat Ham)
11 Lely Main Cenal 1S4lb81 BlIV) PH 1
12007 T Cltal
12 ILliIY Stanch ClinellUS 41 to Rat Hem)
11 LeIY MaIn Canal {Sabel Ba"" PH 2
a 2008 14 ll'll\/~ B.v Eat lIAIv Manor
1. M~i9ation Land Restoration (planting. PH 1)
2OD8 lOUlt
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RADIO RD
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$ 2 900.000
$ 6000.000
$ 1 422 000
$ 378']i1
Ii 10;roo:;!!]-
3.226.0001
Ii 1.224 000
Ii 136 000
Ii 48,000
Ii a ClOO
s 1.380.000
$ 2 .'0,000
Ii ,
Ii 1 91~~
$ 5.626 000
$ 3.961 000
$ 11<4.000
$ 'U17.ooo
p
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a
Legend
Phase No. Start Om
..-..-.. 1 2006
1F "'P 2 2007
3 2008
-.-...-- 4 2009
~ 5 2010
"
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-l-+- 6 2011
CJ Project Boundary
..
I EXHIBIT A~
/
,. MlltomlOlll.8nd ReIaonttion P..nti..... PH 2
17 Northwlllt RlWlIl Wood
1. -I Wood Lake lnteroonn8Ol11
200ll 11 $lIndv I.8neJWlntfIIrnJIh tnlerconnecl
210 Whl!lllcar Road
2'1 Haldltmlll1 CnHIIc CCB Rd . Rlver1ll)
22 TIIlYt.e Ball WfIllI canal Ct..elV Manor) PH 1
200t Tobit
'~
$ 828000
Ii 2 .858 000
$ 1 II!l4 000
$ 1 428.000
S 835.000
S 1 581.000
$ 2,&48.000
$ 11,881,000
~ , 767.000
$ 5 141.000
$ 6115 520
$ 5'" 140
$ 5'''.140
$ 514.140
$ 856800
$ 771.210
S 1G,71Ioa,lII>ll
.
2S TIIlY~ Ball W_ Clinel {Lelv Manorl PH 2
:M Tl1N.ohV North Canal
21 NlIDI8B Mllnor OUlfa' No."
21 1- Mllnor ClWt.. "".3
2010 %1 OlIvia Blvd. Weir
21 OIIvlia Blvd.
21 W,1YlIIOUIh AlmIIlrlt Wesl Olannel
10 ~Alnl8r1t e..I Channel
11 Na- Mllnor North Canal
2011 12 Nan. MiInor DItch E~
as U.S. 04' CIIoh
2011 Total
PrOlllCt TCltaI
$ ~511000
$ 1.886 000
S 2.m.000
S 7.180,000
S 81.139,010
.
PREPARED BY: COLLIER COUNTY TRANSPORTATION SERVICES DIViSION STORMWATER MANAGEMENT DEPARTMENT
Agenda Item No. 10A
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
. -" --. . -, ---- .,~.__..__.._..._-_.._,. -- ,...-..-.,...
PROJECT No. 511012
LEL Y AREA STORMW A TER IMPROVEMENT
PROJECT LOCATION MAP
I ; RADIO RD
LEL Y BRANCH CANAL
(RAT. HAM. TO KINGS LAKE)
ALL EASEMENTS ACQUIRED
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LEL Y BRANCH CANAL
(US 41 TO RAT. HAM.)
EASEMENTS REQUIRED
LOCATION SEE
EXHIBIT 8-1
I EXHIBIT B I
TREVISO BAY
EAST CANAL
EASEMENTS REQUIRED
LOCATION SEE
EXHIBIT B-2
/
I
/
PROPOSED BY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
TRANSPORTATION SERVICES DIVISION
STORM WATER MANAGEMENT DEPARTMENT
HORSESHOE S<.)UARE, 2885 SOUTH HORSESHOE DRfVE
f-.\f'LJ," FLORIDA34104 P391774.lW!2
PROJECT MANAGER: GERALD N. KURTZ
DATE: APRIL, 2006
N
+
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LEI.' .\J{L \ ~d ()R'I\\',\TEI{ I\IPI{O\'E\ILX-I PIH).JEC': Fn.'~Sr ~
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-----
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i
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/"'-.. ".9<000,
,/ ............."
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I EXHIBIT B-1 I
Legend
Pareela
=1
LrlY Bjnch Canlll (US 41 To klnga Lake) Right of VWy
RraY Acquired
PREPARED BY:
Collter Count.'
TriJnspon;:~tfOn Scnl/c~s DIVISIOn
Stormwater Management Department
WARWICK HILLS DR
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~ . OAKLAND HILLS DR-
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--L.__J_,__
Agenda Item No. 10A
October 24. 2006
LELY AREA STORMWATER IMPROVEMET PROJECT pta.~~7f
TREVISO BAY EAST CANAL RIGHT OF WAY ACQUISITION MAP
---~-..
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TREVISO SAY
ENLARGED DETAIL
Legend
rsJ Right Way I Parcels Acquired
o Trevrso Bay East Canal Right of Way Acquisition
o Parcels
44304000 - Parcels 10
,.~,: if. ~'-',
I; _'~ __
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PREPARED BY:
Collier County
Transportation Services Division
Stormwater Management Department
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I EXHIBIT B-2 1
<$I""
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I
Agenda Item No. 10A
October 24, 2006
Page 69 of 79
'::1iIl
",<II
AGNOLI
BARBER &
BRUNDAGE, INe
EXHIBIT "e"
Professional Engineers, Planners & Land Surveyors
7400 Tamiami Trail N., Suite 200, Naples, Florida 34108
9990 Coconut Rd., Suite 103, Bonita Springs, FL 34135
Phone (239) 597-3111
Phone: (239) 334-1173
Fax: (239)566-2203
Fax: (239) 334-1175
MEMORANDUM
Date:
To:
From:
Subject:
April 11, 2006
Jerry Kurtz, P.E. rt;... I L
Daniel W. Brundage, P.E. \!}JIU
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 LA SIP 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 ofthe 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.1 OA
October 24, 2006
Page 70 of 79
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.
Lelv 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 wateIWay 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 of2.5 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 nonnal stage elevation to 4.0 to eliminate current over drainage.
The proposed plan will extend the Main canal system upstream using the stonnwater
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 comer 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 stonn 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. 10A
October 24,2006
Page 71 of 79
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 ofD.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 LelyMain
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 ofD.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\09-097Y05.MEM.doc
3
Agenda Item No. 10A
October 24,2006
Page 72 of 79
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 ofa 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 storm water to all the culverts crossing
K:\7599 Lely Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc
4
Agenda Item NO.1 OA
October 24, 2006
Page 73 of 79
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 Lety Outfall Basin\Correspondences\Memo\09-097Y05.MEM.doc
5
Agenda Item NO.1 OA
October 24, 2006
Page 74 of 79
Staffhas 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 Stonnwater 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. Safetv 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 Ranee Plannine 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/stonnwater 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 stonnwater
controls and environmental management objectives. The project improves the LASIP
regional stormwater management system and natural flowways within the area.
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6
Agenda Item No. 10A
October 24, 2006
Page 75 of 79
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 ofthis 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\09-097Y05.MEM.doc
7
Agenda Item No.1 OA
October 24, 2006
Page 76 of 79
Co..,. 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.
Page 1 of3
Agenda Item No. 10A
October 24,2006
Page 77 of 79
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 off site storm water 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 wi11lift 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 in different 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 of3
Agenda Item No. 10A
October 24,2006
Page 78 of 79
project's first phase. This memorandum contains vital information that the Board of County
Commissioners must consider in adopting this Resolution.
Thank you for your time and review of this vital information.
Attachments: (1) LASIP Construction Phasing Plan
(2) Technical Memorandum from Daniel W. Brundage, P.E.
Cc: Project FileS 1 1012.07
Page 3 of3
LELY AREA STORMWATER IMPROVEMENT PROJECT
CONSTRUCTION PHASING PLAN
RADIO RD
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~. ..;,.., ... .. ..~..~~. -"'7( ,....,.' g
- ~ Legend
:\ Ph... No. Start Date
~
("~ ~ 1 2006
-' m /V m ~, .....y 2 2007
-:- ' . /. 3:'
~' .- 3 2008
:P -=='- .. 2009
" at
+ ,', m ' ~ 5 2010
sf m,,~ +-+- 6 2011
(Ie D Project Boundary
f
0 0.5 1 I EXHIBIT A-I
I I I , ~
i
Miles /
LASIP Construction Phasing Plan 1tllMitiallticll'lLMnd Rntollllicll'l IF'tanlino - PH 2 $ 828 000
17 lNorlhwlllil R......l Waod 'S 2856000
Ph.a Year No. Proltc:t N.me EIIt. CoIIt 18 IFlnval Wood Lake InleroonnecllJ, $ 1 .9004 000
, RIIltle Snake Hammock $ 2.900 000 .( 2008 11i1 StlndY LanelWln-h Int8fCOnnect $ 1428.000
2 ICounty Bam Aoad $ 6.ooo.DDO 20 WhlIalatr Road $ 635 000
I 2006 l Letv Bl1ll1ch C8na1lRaI Ham to Kinos Lake) PH 1 S 1 422 000 21 HIIldeman CnIelr ICB ReI - RllletllIl $ 1.587 000
4 Mriigajicll'l Land Rlllllalallon lCIaarina) $ 378.000 22 tiwv~ BIN Well c.nlIl (lelv Menor) PH 1 S 2.&48.000
2IlOI Total 510. 12DIlIII' otal S 1 1,88&.000
6 LeIY' 8nmch Cllnel /Rat Ham to Kinos Lake\ PH 2 3 :z2fl;.000I 23 Trevlao BIN WIlIII. CllnellLelv ManaI'\ PH 2 S 1 761 000
, Nort~ Roval Wood !It 1 .224 000 :M TrevilO Bav Nor1h ClInal $ 5 141 COD
7 er- RoIIId $ 136 000 21 NIl-Manor OUlfan No,", $ US 520
2 2007 8 C0ii8La.... S 48000 21 NIl'" Manor OUIfaU No.3 S 514 1<<>
, IRovaI Wood LMIce InwaonnllCll Cone onM $ 408 DOO I 2010 1:T OlIvia Blvd. Weir S 514.1<<>
10 Il.eIv Main ClInal ~ W. S of Rat Ham) S 1 360.000 28 OlIvia Blvd. , 514 1<<>
1 1 ~ Main ClIl18i (Sal:lllfBilY\- PH 1 S 2,410.000 2t Wi""""""' Aimark Wlllll Channel S 856.tIOO
Total Ii ..812.000 ao ~ AIl'Il8r1l ElI8I Channel S 711.210
12 LillY 8nmch CllnaI I\JS 41 to Ral Haml S 1D.7Ii4.1J!ill
S 1 910000
13 l.elv Main Clmal !Sabal Bav) PH 2 S 5.825 000 31 I~ Manor Nol1f1 ClInal S 3 511 000
3 2008 1. T rev i&D 8av Ea. fL.eIv Manor) $ 3.987 000 . 2011 32 ~Menor OItoh Eneloaur8 , 1 886 000
16 Mitigation Land RMlomlon (PlIIInllno . PH 1) $ 11<1,000 3S U.S. 41 DItoh $ 2.m.OOO
2008 Total S 1'\,117.000 2011 Total $ T ..DOC
Prol8ct Total Ii 61.13&.0&0
PREPARED BY: COLLIER COUNTY TRANSPORTATION SERVICES DIVISION STORMWATER MANAGEMENT DEPARTMENT
Agenda Item NO.1 OB
October 24,2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to award contract #06-4025, "Collier County Sheriff's Special
Operations Building" and to approve the necessary budget amendment for the
construction of the Sheriff's Special Operations Facility, project 52002, in the approximate
amount of $10,650,000, the exact amount to be presented at the meeting.
OBJECTIVE: To award contract #06-4025, "Collier County Sheriffs Special Operations Building" and to
approve the necessary budget amendment for the construction of the Sheriffs Special Operations
Facility, project 52002, in the approximate amount of $10,650,000, the exact amount to be presented at
the meeting.
CONSIDERATION: This project was originally approved by the Board of County Commissioners as part
of the FY2004 budget at $7,542,500. This amount was later reduced to $529,000 for the design phase
only. This project is to construct a Sheriff's Special Operations Building, including an aircraft hangar, of
approximately 50,000 square feet at a leased site on the northern portion of the Naples Airport. The
3.726-acre 30-year lease was approved by the Board on May 25, 2004, agenda item 16E6, at an initial
annual rate of $19,477.23 subject to annual CPI adjustments.
-
On July 18, 2003, the County published an Invitation to Qualify (ITQ) to provide architectural services for
the design of the Sheriff's Special Operations Facility Collier. The solicitations were conducted under
Senate Bill 1182, which amends F.S.119.071 relating to an exemption from public records. A Selection
Committee recommended Victor Latavish, AlA and the Board approved a $670,000 design contract with
that firm on September 14, 2004, agenda item 16E7. A portion of the contract was not funded until after
the budget was increased above $529,000.
The Naples Airport Authority approved the proposed project plans on March 8, 2006. The City of Naples
approved the site plan in March 2006.
The Board approved a budget increase, mainly for construction and based on planned commercial paper
financing, in the amount of $13,971,000 as part of the FY2006 budget bringing the total project budget to
$14,500,000. An additional $1,229,000 was approved as part of the FY2007 budget bringing the total
project budget to $15,729,000.
On July 23, 2006, formal bid invitations were posted in the lobby of Building G-Purchasing and distributed
to 170 firms that provide these services. Eight firms pickup up plans and specifications. On September
7, 2006, one bid was received from Vanderbilt Bay Construction, Inc. (VBC) in the total amount of
$15,451,726. After discussions with VBC related to reducing costs, as well as removing the proposed
subcontract with Johnson Controls for installation of the fire alarm system, building automation system,
computer and phone wiring, and security system, a negotiated amount of approximately $10,650,000 has
been proposed. Approximately $1,560,000 is proposed for the direct material purchase program and
$2,627,000 for the Johnson Controls contract (fixed term Contract #99-2961, Energy Management). This
brings the total construction estimate, to $14,837,000.
The estimated project costs are as follows:
-
Design / Permitting
Construction
Commissioning
Conti ngencies
TOTAL
$ 1,445,400
$14,837,000
$ 582,000
$ 1.773,000
$18,637,400
Agenda Item NO.1 OB
October 24, 2006
Page 2 of 3
The current project budget is $15,729,000 leaving a projected shortfall of $2,908,400. Commercial
financing over a nine year period would allow this project to proceed. Net Commercial Paper loan
proceeds of $16,408,400 plus pre-paid interest for a gross loan not to exceed $17,272,700 is
recommended. Funding for this project would be as follows:
County Wide Capital Projects Fund (301)
Sheriff's 2006 Operating exp budget reduction in FY 2006
Commercial Paper Loan
Total funding
$ 529,000
$ 1,700,000
$16.408.400
$18,637,400
Financing is proposed under the commercial paper loan program. The commercial paper loan program
interest rate is adjusted monthly. Commercial paper interest is paid monthly based upon actual program
interest rates. Transfers to debt service from Law Enforcement Impact Fees will be based upon actual
program interest rates.
Construction is planned to begin in November 2006 and should be complete in early 2008.
FISCAL IMPACT: The total approved budget is $15,729,000 and the revised project estimate is
$18,637,400 leaving a shortfall of $2,908,400. A budget amendment is proposed with commercial paper
as the source of funds and Law Enforcement Impact Fees as the source of debt service funding.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners 1) award contract #06-4025, "Collier
County Sheriffs Special Operations Building" to Vanderbilt Bay Construction, Inc. in the approximate
amount of $10,650,000, 2) approve a budget amendment in the amount of $2,908,400, and 3). authorize
the issuance of a Commercial Paper loan in the amount of $17,272,700
PREPARED BY: Ron Hovell, P.E., Principal Project Manager, Department of Facilities Management
Item N"mber:
Item Summary:
Meeting Date:
Aaenda Item No, 10B
- October 24, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
108
Recommendation to award contract #06-4025 Collier County Sheriffs Special Operations
Buildlllg and to approve the necessary budget amendment for tne construction of the Sheriffs
Special Operations FaCility, proJec152002, rn trle apprOXIfl1ate amount of $10,650 000 the
exact amount to be presented at the meeting iRon Hovell, PrlnClpa! PrOject Manager
Facilities Managernenn
10/24120069 OJ:OO AM
Date
Approved By
Scott Johnson
Administrative ServIces
Purchasing Agent
Purchasing
10/11/20063:17 PM
Date
Approved By
Skip Camp, C,F,M,
Administrative Services
Facilities Management Director
Facilities Management
10/11/200S 3:40 PM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
10112/20068:14 AM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purct13sing
10/12120068:14 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administr<ltive Assistant
Office of Management & Budget
10/12/200610:30 AM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budge!
10113/20065:38 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
10f1SJ2006 4:14 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager"s Office
1Q/16/2006 €.:52 PM
Agenda Item No.1 OC
October 24, 2006
Page 1 of 29
EXECUTIVE SUMMARY
Recommendation to approve Exhibit E, Amendment #1 to Contract #06-3914,
"Construction Management at Risk Services for the Collier County Fleet Facilities"
with Wright Construction Corp. in the amount of $9,272,741.10 for the Fleet
Facility, project 52009, Phase 2 which includes the construction of the new Fleet
Management Department facility and to approve Change #15 to Contract #02~3422,
"Professional Architectural Services for New County Fleet Facility", with Disney &
Associates, P.A. to update the architect's rate schedule and include additional
services necessary for construction phase 2 in the amount of $60,885.
OBJECTIVE: To approve Exhibit E, Amendment #1 to Contract #06-3914,
"Construction Management at Risk Services for the Collier County Fleet Facilities" with
Wright Construction Corp. in the amount of $9,272,741.10 for the Fleet Facility, project
52009, Phase 2 which includes the construction of the new Fleet Management
Department facility and to approve Change #15 to Contract #02-3422, "Professional
Architectural Services for New County Fleet Facility", with Disney & Associates, P.A. to
update the architect's rate schedule and include additional services necessary for
construction phase 2 in the amount of $60,885.
~
CONSIDERATION: A contract with Disney & Associates (Disney) to design a new
Board of County Commissioners Fleet Facility and a new Sheriffs Fleet Facility on the
same site at County Barn, project 52009, was approved by the Board on February 25,
2003, agenda item 16.E.2.
The Fleet Facilities project was originally planned for three major construction phases.
The first phase includes replacing the communication tower with guide wires to a
monopole tower and this phase (projected completion by the end of October 2006). The
second phase includes constructing the County Fleet Facility and associated parking.
The third phase includes demolishing the existing Fleet Facility and constructing a
Sheriffs Fleet Facility on the western end of the property closest to County Barn Road.
The total approved project budget is $14,270,000 and the current design contract
amount is $822,224.73
The Construction Management at Risk contract consists of three sections: 1 )
construction of the new BCC Fleet Facility, 2) demolition of the existing BCC Fleet
Facility and construction of the Sheriffs Fleet Facility, and 3) possible construction of the
CAT/TD Facility to be co-located at the Fleet site pending real estate acquisition to the
north and south of the existing County Barn county facility. These land owners are not
willing to sell and therefore this last phase will be cancelled.
,,-'
After obtaining final site development and building permits, work was begun to obtain a
Guaranteed Maximum Price (GMP) for the construction of the County Fleet Facility and
associated parking. After review of an initial proposal, Wright Construction submitted a
revised GMP proposal in the amount of $9,272.741.10. Construction of the County Fleet
Facility and associated parking is planned to begin in November 2006 and be completed
in about one year.
Agenda Item NO.1 DC
October 24,2006
Page 2 of 29
The demolition of the existing BCC Fleet Facility and construction of the Sheriffs Fleet
Facility will start a year from now therefore those phases will be priced separately.
The estimated project costs are as follows:
Tower
BCC Fleet
Sheriff's
Fleet
$1,150,000
$8,712,869
$240,000
$10,102,869
Total
Design / Permitting
Construction
Commissioning
TOTAL
$0
$1,229,722
~
$1,229,722
$1,350,000
$9,926,409
$300,000
$11,576,409
$2,500,000
$19,869,000
$540.000
$22,909,000
FISCAL IMPACT: The current budget for this project is as follows:
Source of Funds
Residual cash from capital replacement fund
Series 2005 revenue bond proceeds
Commercial Paper loan (budgeted in FY 07)
Total
Amount
$600,000
$9,570,000
$4,100,000
$14,270,000
The updated total cost estimate for this project (tower, County Fleet facility construction
and related parking, demolition of the existing BCC fleet facility, and Sheriff fleet facility)
is $22,909,000, amounting to a FY 2008 commercial paper loan need of $8,639,000.
This is noted in the table below.
Facility Rev. Budget Committed Est. to FY08 Com
Compl. Paper
Bee Fleet Facility & Tower $12,806,131 $2,191,932 $10,614,199 $0
Sheriff Fleet Facility $1,463,869 $433,424 $9,669,445 $8,639,000
TOTAL $14,270,000 $2,625,356 $20,283,644 $8,639,000
Staff recommends funding the construction of the County Fleet Facility and associated
parking within existing budgeted funds. To accomplish this, the 2005 bond money
allocated for BCC and Sheriff Fleet facilities will be used solely for the BeC fleet facility.
As no eligible Sheriff's facility will be constructed from proceeds of the 2005 bond, the
Law Enforcement impact fee fund cannot be used for these debt service payments. The
General Governmental Building Impact Fee Fund and the annual General Fund 1/3 mill
capital allocation will be the sources of revenue to pay all the debt service payments
associated with the 2005 bond.
The existing budgeted funds as noted above in the source of funds are contingent upon
the issuance of a Commercial Paper loan. Net Commercial Paper loan proceeds of
$2,636,131 are required for the construction of the BCe Fleet facility and related
parking; with fees and pre-paid interest a gross loan not to exceed $2,775,000 is
recommended.
Due to the sequence of construction, the Sheriff's Fleet facility will be deferred and the
$8,639,000 funding will be addressed in the fiscal year 2008 budget. Any Commercial
Paper loan associated with the Sheriff's Fleet facility will be repaid with Law
Enforcement Impact fees.
Agenda Item No. 10C
October 24.2006
Page 3 of 29
Budget amendments will be needed in the General Fund (001), Facilities CIP Fund
(301), General Governmental Facilities Impact Fee Fund (390), the Law Enforcement
Impact Fee Fund (385) and the CIP Refund Series 2005 Debt Service Fund (216) to
accomplish the following:
1) Revise the budget so the Law Enforcement Impact fee does not make a debt
service payment for the 2005 bond in FY 07 ($1,009,100) and is reimbursed for
the FY06 debt service payment ($925,000). This amounts to $1,934,100. There
is $585,900 available in the General Governmental Facilities Impact Fee, there is
$853,700 available in Facilities CIP Fund (301), and the remaining balance of
$494,500 is required from General Fund reserves.
2) Reduce by $1,180,000 the Law Enforcement Impact Fee transfer in (loan) from
Facilities CIP Fund (301) to provide a cash reserve to pay the October 1, 2007
debt service payment on the Series 2005 bond, and move this reserve to the
General Governmental Facilities Impact Fee fund (390) in the amount of
$200,000 and the remaining balance of $980,000 to the Facilities CIP Fund
(301 ).
3) Transfer from the Facilities CIP Fund (301) to the General Governmental
Facilities Impact Fee fund (390) $585,900, as a loan to assist the General
Governmental Facilities fund in making it's share of the 2006 and 2007 debt
service payment for the 2005 Bond.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners 1) approve Exhibit E,
Amendment #1 to contract #06-3914, "Construction Management at Risk Services for
the Collier County Fleet Facilities" with Wright Construction Corp. in the amount of
$9,272,741.10 for the Fleet Facility, project 52009, Phase 2 which includes the
construction of the new Fleet Management Department facility; 2) approve Change #15
to contract #02-3422, "Professional Architectural Services for New County Fleet Facility",
with Disney & Associates, P.A. to update the rate schedule and include additional
services necessary for construction phase 2 in the amount of $60,885; 3) authorize the
issuance of a Commercial Paper loan in the amount of $2,775,000 and 4) approve all
necessary budget amendments.
PREPARED BY: Ron Hovel!, P.E., Principal Project Manager, Facilities Management
Department
-
Item Number:
Item Summary:
Meeting Dale:
Agenda Item No, 10C
October 24, 2006
Page 4 of 29
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10C
Recommendation to approve Exhiblt E, Amendment #1 to Contract #06-3914, Construction
Management at Risk Services for the Collier County Fleet Facilities with Wright Construction
Corp In the amount of S $9,272 741,10 for the Fieet Facility, project 52009, Phase 2 which
Includes the construction of the new Fleet Management Department facility and to approve
Ctiange #15 to Contract #02-3422. ProfeSSional Architectural Services for New County Fleet
Facility. with Disney & Associates; PA. to update the rate schedule and Include additional
services necessary for construction pnase 2 In the amount of $60.885 (Ron Hovell, PrinCipal
Project Manager, Facilities Management)
101241200690000 AM
Facilities Management Director
Date
Approved By
Skip Camp, C,F,M,
Administrative Services
Facilities Management
1016120064:20 PM
Linda Best
Contracts Agent
Date
Approved By
Administrative Services
Purchasing
1019/20064:56 PM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
10112120068:21 AM
Steve Carnell
Purchasing/General SVGS Director
Date
Approved By
Administrative Services
Purchasing
10112/20068:21 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
10112/200810:33 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10116120064: 13 PM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
101171200612:40 PM
- ~-------t-~--~--Agenda Itpm Nn 1()(,;
. October 24, 2006
E-Mailed To Bonme: Tuesday, October 03,~Q~ 5 of 29
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Date:
Tuesday, October 03, 2006
LOG ON THE FINANCE LOG ONLY, THIS CHANGE ORDER REQUIRES BeC
APPROVAL.
I
Project Name: Professional Architectural Services for the New County Fleet Facility
Project Number: 52009
REVISED 10/5/06
BIDIRFP #:
02-3422
Mod#:
15
Poo:
4500048657
Work Order Number: NA
Contractor/Consultant: Disney & Associates, P .A.
Original Contract Amount: $ 500.000.00
(Starting Point)
Current BCC Approved Amount:
$ 748.725.00
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 822.224.73
(Including All Changes Prior To This Modification)
Change Amount:
$
60.885,00
Revised Contract/Work Order Amount: $ 883.109,73
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: ~ 382.918.73
Percentage Of The Change OverlUnder Revised Contract Amount:
17.95
%
Overview of change: The design contract was originally awarded in February 2003; this change order is to provide for the rate
increases to the Principle and Clerical staffing positions and to add staffing positions of Senior CAD Operator and Architect; and
to add required responsibilities to the scope of the work that were not included in the original scope. The actual construction is
being conducted in phases until 2007; as a result, also included in this change order is a time extension of three hundred, eighty
six (386) days, The new c pletion date is November 8, 2007,
.~ ~
1_: Date: ~~ ()(,
Contract Speciali :
.. L'
Scanned Date:
Data Entry Information:
Type of Change: Contract
Project Manager: Ron Hovell
Department: Facilities Management
Change Category Type, Circle One Below:
C!:_Pla~ned or Electiv:e----
C 2. Unforeseen Conditions...........,.
3. Quantity Adjustments
4. Correction of Errors
5. Value Added
C 6.SChedUI~-~
--- ---
Revised 7/11/05
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item NO.1 OC
October 24,2006
Page 6 of 29
PROJECT NAME: Fleet Facllltv
PROJECT #: 52009
BID/RFP #: 02.3422 MOD #:
15
PO#: 4500048657 WORK ORDER #: nla
DEPARTMENT: Facilities Manaaement
Original Contract Amount:
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
Revised ContractIWork Order Amount:
$500,000.00 (Starting Point)
$748.725.00 (Last Total AmoJnt Approved by the BCC)
$822,224.73 (Including All chLges Prior To This Modification)
$60,885.00
$883.109.73 (Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: I $383.109.73
Percentage of the change over/under current contract amount: I 17.95%
Formula: (Curre~t Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
Date of Last BCC Approval Julv 26.2005
Agenda Item # 16.E.15!
CURRENT COMPLETION DATE (S):ORIGINAL: 5/5/05
CURRENT: 11/8/07
SUMMARY OF PROPOSED CHANGE (S): Identify the chanaes. This desian contract was orioinally awarded
on 2/25/03 and the rates need to be updated as allowed bv the contract. Additionally. the oriqinal contract scope
does not include all of the required items typically expected of an architect.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these chJngeS provide to the project? This
chanqe will update the rates and add items such as record drawinqs (required bY the County LDC).
PARTIES CONTACTED REGARDING THE CHANGE: Purchasinq: Linda Best. Facilities: Peter HaYden.
CH2M Hill: Mike Mackenzie
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
l Proposed change is consistent with the scope of the existing agreement I
~ Proposed change is in fact an addition or deletion to the existing scope
~ Change is being implemented in a manner consistent with the existing agreement
~ The appropriate parties have been consulted regarding the change
~ Proposed prices, fees and costs set forth in the change are reasonable I
is form is to be signed and dated.
Date: /0/1 /o~
I, I.
Date: 1/)1 '5'/ t~
Revised 4/25/2005
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CHANGE ORDER
No. tr~~nda dt.en, NO.1 OC
OctOber 24, 2006
Page 7 of 29
Oct. 5. 2006 3:06PM Disney & Associates, PA
CHANGE ORDER NO. 15
CONTRACT NO. 02-3422
BCC Date: Februarv 25. 2003
Agenda Item: 16.E.2
TO: Disnev & Associates. PA
1865 Veterans Park Dr.. Suite 301
Naples. FL 34104-3500
Attn: Dalas Disnev. President
DATE; October 2. 2006
PROJECT NAME: County Fleet Facility
PROJECT NO.: 52009
Under our AGREEMENT dated Februarv 25.
.2003.
You hereby are authorized and direded to make the following change(s) In accordance with
terms and conditions of the AgrBement See attached Exhibit "A"
I
FOR THE Additive Sum of: sixty thousand eight hundred eighty fIVe dollars and no cents
($60,885.00).
Original Agreement Amount
Sum of Previous Changes
$
$
$
$
322.224.73
500.000.00
This Change Order - Add
Present Agreement Amount
60.885.00
883.109.73
,I
The time for completion shall be increased by 386 calendar days due to this Change Order.
Accordingly, the Contract Time is now one thousand seven hundred fourteen (1.714) calendar
days (Notice to Proceed was issued 2128/03 making the new completion date 11/8/07). Your
acceptance of this Change Order shall constitute a modification to our Agreement and will be
performed subject to all the same tenns and conditions as contained in our Agreement indicated
above. as fully as if the same were repeated in this acceptance. The adjustment, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the COntractor arising out
of or related to the change set forth herein, including claims for impact and delay costs.
Accepted: /)('7to/!;~' 3 I 2006
CONSULTANT:
Disney oei tes, PA
OWNER:
By:
BOARD OF COUNTY COMMISSIONERS
OF COlliER COUNTY, FLORIDA
By:
Ronald P. Ho...ell, P.E" Project Manager
Revised 2/24/2005
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Agenda Item NO.1 OC
October 24,2006
Page 8 of 29
-.
-
Disney & Associates P A.
Architecture and Planning
1865 Veterans Park. Dr., Suite 301
Naples. Florida 34109-0447
Phone 239-596-2872 Fax 239-596-2874
Email d,disney@earlhlink.nel
AA 0002S02
September 2.Q 28, 2006
Collier County Facilities Management
3301 East Tamiami Trail, Bldg. W
Naples, FL 34112
Attn: Mr. Ronald Hovell, Construction Manager
Re: Professional Service Proposal for RFP #02-3422, New County Fleet Facility
Proposed Change Order 15
Dear Mr. Hoven:
We have form.l17M our revised professional fees for the project and hereby request an adjustment to our
agreement as an increase to our Professional fee for scope revisions. We have included a revised
Professional Fee for the scope revisions.
The basis of our request is revisions required by the increase in time for the project, the revision of the
construction delivery method to Construction Management, and the increase in our costs from the
original quotations of November 2002 and amendment #1 dated February 6, 2004. The Fleet project has
been delayed several times for various reasons that are due to causes beyond the control of the Architect.
We have listed herein the general and detailed revisions and scope increases that have caused our
increased work and the associated fee increases are also included.
The project constructi6n method has been revised to be delivery method via ConstrUction Management
and Wright Construction, Inc. of Ft. Myers has recently been awarded this project by the Board of
County Commissioners (BCC). The project was delayed for study related to the inclusion of the CAT
facility on the site with various site planning and proposals now abandoned and we understand CAT is
locating on an alternate site.
The project construction Phasing has been reviewed and the general concept is to have two (2) phases of
construction with each containing a number of sub-items. The sub-items are generally understood at this
time and will be outlined in the following detailed Assumptions and Scope of Services for the
construction administration of Phase I of the project. Phase n shall be bid at a later date and the bidding
and construction services shall be submitted for this portion of the project at a later date. Building pennit
for the BCC Fleet Management building was recently picked up by Wright Construction and bidding is
scheduled to compete shortly for the Phase I portion of the project.
I
,L
I
New Collier County Fleet Facility - RFP #02-3422
Disney & Associates, PA -Change Qrder#lS September 20,2006
Page 1 of?
r,;.;f
Agenda Item No. 10C
October 24, 2006
Page 9 of 29
II
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Outlined in this document is a summary of the changes to the project's development concept, anticipated
scope of services and the associated professional service fees and schedule.
PROJECI' PROFILE
· Collier County (OWNER) desires to modify existing contract #02-3422 for the services of Disney
& Associates, P A (CONSULTANT) and proceed with the Project as described within this proposal.
· The existing Fleet Facility Project consists of a:l:l 0 acre parcel, which is generally located at the east
side of County Barn Road approximately 0.5 miles to the south of Davis Boulevard (S.R No. 84) in
Section 34, Township 49 South, Range 26 East, Collier County, Florida.
· The Owner has received a Site Development Plan (SDP) approval from the Collier County
Community Development and Environmental Services (CDES), an Environmental Resource Permit
(ERP) from the South Florida W81J:r Management District (SFWMD). and a Permit to Construct a
Domestic Wastewater CollectionITransmission System from the Florida Department of
Environmental Protection (FDEP) for this site. These permits were obtained for the site, which
included the Bee Fleet Maintenance Facility, the Sheriff's Administration and Maintenance
Facility, a wash rack, a communication tower, and associated parking, driveways, underground
infrastructure, as well as storm water management areas.
· The Client wishes to begin construction of the BCC Fleet Main1enance Facility and supporting
infrastructure as the first phase of the project.
· The Client wishes to receive a Temporary Certificate of Occupancy once the BeC Fleet
},Ifmntel'u!nt'.e Facility construction is complete.
· The Client desires to retain the services of Consultant ad proceed with the Project as described
within this proposal.
PROJEcrASSUMPTJONS
Note: All Project Assumptions from the original approved contract dated February 25, 2003 are
considered to be valid and true unless specifically stated otherwise below.
· The Client will make available all pertinent information and documents associated with the required
Project.
· This proposal includes performing all services described within on a one-time basis, unless
otherwise noted.
· The Consultant will retain the services of a Geotechnical Engineer to participate in the construction
admini!':tration phase and monitor the trenching and backfill in areas know to contain organic
material identified by prior soil borings and investigation. The geotechnical Engineer's scope and
fees are included with this proposal.
· Architectural design for the BCC Fleet, Sheriff's Fleet facility and Wash Rack shall not be revised
and/or updated to current LDC 5.05.08 Architectural requirements.
· Building Permit modification for the BCe and Sheriff's Fleet facility and Wash Rack shall not be
required.
I
· Collier County Facilities vertical standards issued 4-18';'06 Revision 'E' are the latest on f1]e with the
Architect and redesign for the BCe and Sheriffs Fleet facilities is not included in this proposal.
New Collier County FIcet Facility - RFP #02.3422
Disney'" Associates, P A - Change Order # 1 S September 20. 2006
Page 2 of?
Agenda Item NO.1 OC
October 24,2006
,I Page10of29
~: ..
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. All design and construction related to the Radio Tower(s) shall be by other design professionals
excepting the SDP amendment cU1Tently completed.
. All design and construction related to the existing Fuel Island Facility sball be by other design
professionals and is specifically excluded. '
SCOPE OF SERVICES
1. PreliminarY Matters
These services . will include providing professional Architectural and Engineering advice as
requested by OWNER or as necessary for the project development. Services included are:
A. Acquire, assemble, and coordinate all Architectural and consultant costs and scope of
work for the project. I
B. Research project revised scope of work and issue to ~nsultants for cooTtHnlllted
effort and'e1imina.tion of unnecessary services.
C. Verify inclusion of necessary services as outlined in the Professional Services
Agreement and the modified scope of services.
D. Prepare and submit proposals, change order and Exhibits to Collier County.
E. Preparation of all modifications to the existing Architectural consultant agreements.
F. Modify all project files, billing templates and systems.
. 2. Subsurface Soil Observation Durinff Construction
We propose to authorize our Geotechnical Engineer to be on site for observations of excavated
material prior to backfill. The areas of question are near or under the proposed buildings at the area
of borings SPT-ll SPT-12 and SPT-4. Om engineer Ardaman & Associates, Inc. has forwarded a
letter dated August 28, 2006 and has suggested a budget for the scope of work identified. Disney &
Associates shall incur time to coordinate this effort, organize and distribute report of fmdings and
verify completion of the assigned tasks (estimated 4 hours). Please see Exhibit A attached.
3. Construction Phase Services Phase I - Architectural (Adjustment)
Construction services for the project as originally outlined in the scope of services is adjusted due to
the time increase from the original quotation and the construction method revision from General
Contractor to Construction Manager. Services outlined herein are similar to the original scope of
services. The scope of work was originally identified as Schedule A Exhibit #3 (Original) and is
include herein as an attachment Exhibit B for reference. Revisions as discussed with Mrs. Linda Best
(Collier County Purchasing) are identified on the Schedule A Exhibit #3 (Revised) and is include
herein as an attachment Exhibit C for reference. Additionally the updated hourly rates utilized for the
calculation of Exhibit C are indicated in an email from Mrs. Best dated September 13, 2006 and
attached as Exhibit D page 1. Hourly rates are updated and established by Exhibit D pages 2 thru 7
where hourly services may be applicable. Cost adjustments for the Civil Engineering are reflected on
Exhibit C items #6, 7 and 9 and are verifiable with a cross reference to a letter attached as Exhibit E
from RWA dated September 14, 2006. Amendment No. 1 to our agreement Schedule "B -
Attachment A -line #8 added $16,000.00 to our Construction phase costs and the document is
New Collier County F1eetFacility - RFP #02-3422
DisDey& Associates, P A - Change Order # 1 5 September 20, 2006
Page 3 of7
,:J;j;;;.;.;jjj:A "'-': _,'
Agenda Item No. 10C
October 24, 2006
Page 11 of 29
attached as Exhibit G. The additional cost was related to the increased scope of work is for the added
costs of Structural, Plumbing, Mechanical and ,Electrical Engineering services for the redesigned
buildings. Please note that there are no current increased costs for construction services for these
Engineering trades listed on our Exhibit c.
4. Land Develonment Code Record Drawim~s
This taslc: was originally identified in the scope of work for the project. Please refer to Schedule A
Scope of Services page 27 item C. The construction administra:tion costs of $74,080.00 did not
include the cost for this item and we refer to the Exht"bit B outline of services and total cost
matching the Agreement Schedule B - Attachment "A" page 31, attached herein as Exhibit F. The
services cost is verified as outlined in the RWA letter dated September 14, 2006 attached as
Exhibit E. The actual cost from our consultant is indicated as $4,600.00 and is required by the
Collier COWlty Land Development Code (LDC) for the completion of the project.
5. Additional Services (Estimate) I
This task is added as a result of our telephone conversations with Mrs. Linda Best, Collier COtmty
Purchasing, Mr. Mike MacKenzie, CH2M Hill and with Mr. Ron Hovell, Collier County Facilities.
Our Construction Services as listed onExhibiU 8 and C do not currently include ANY activities
other that those listed. The originally established scope of work was reduced to reduce the
Professional Fees. Our services are specifically outlined in our Agreement Schedule A Scope of
Services page 26 and 27 item 8, A and B and the referenced Exhibits Band C and currently there
is no compensation included for Correction of any Construction Discrepancies. This would be
compensated uDder Article Two of the agreement as Additional Services.
The construction process is an imperfect process as is the development of construct documents for
bidding and construction. During the normal course of construction there will be con.t1icts and
errors that will require correction. Examples are misplaced reinforcing;, incorrect beam pours (too
low or too high or out or alignment, out of sequence work and creation of conflicts in placement of
materials, ducts or piping too high or low creating conflicts, fOWld underground conditions,
manufacturer product changes or discontinuation, substitution requests and related research and
many other items. Corrections for these items may be minor or may create many hours of research
and Engineering to develop a repair or reconstruction method. While the Construction Management
process should eliminate some of these occurrences and assist with the coordination it should be
expected that items as outlined will occur. The Architect or Engineer of record is the party
responsible for the review and correction of the type of items outlined. As stated previously the
CUlTeD.t agreement does not include these services.
I
We have discussed the use of our agreement Article Two Additional Services of Consultant as the
'method of compensation for this type of service during the construction phase. The occurrences of
any item will be during the course of construction and time of response is generally required to be
reasonably prompt The process as outlined in Article Two of our agreement does not describe the
exact process but states "If authorized in writing by OWNER....". To date revisions to our fee have
,required a lengthy process involviDg a proposal, verification and adjustments, resubmission and
issuance of a change order. This process time duration does not appear to be acceptable during the
construction period as too much time will be required for authorizatiOD of our added work. Our
Agreement is mostly fixed cost items and prior discussions with Mrs. Linda Best indicate that the
fixed cost approach should be maintained. We have discussed the nature of the process with you via
New Collier County Fleet Facility - RFP #02-3422
Disney & Associates, PA - Change Order #15 September 20, 2006
Page 4 of7
.;;~]~.~,.:: .:~.
Agenda Item NO.1 OC
October 24, 2006
Page 12 of 29
".-"
the telephone and are not advised of a standard process that will allow the approvals to proceed very
promptly.
At issue in establiShing any' fixed cost for the unknown level of services is the fairness for both
parties. Collier County will correctly seek justification and fixed costing and the Consultant will not
desire a guess' as the level of service is wholly a response out of the control of the Consultant Thus
any estimation is just a guess that carries considerable risk of being too low on the overall costs. We
speculate that no person can accurately estimate the level of corrections that will be required by a
contractor / sub-contractor action or lack of action over the course ofthc next twelve (12) months.
As a possible method to proceed with minimal risk to' the Consultant and our Engineers and yet
provide a method of accountability for Collier CoUDty we suggest establishing a Task line item that
sets a fixed level of cost for an established level of service. We sball utilize this pre-established
Task item as construction discrepancies as corrections arise and only invoice to the extent services
are rendered. Our basis shall be the attached Exhibit D pages 1 thru 7 as the rate of expense for
items related to Additional Services. The individual issue may in this event be dealt with promptly
and the time recorded as verification for the correction; The maximum cost to Collier County is
established and will not be exceeded without authorization.
We suggeSt the following to establish an estimated basis for the Task.
Architectural $6,720.00 (40 hours)
Structural $5,600.00 (40 hours)
Plumbing $3.200.00 (20 hours)
Mechanical $3,200.00 (20 hours)
Electrical $3,200.00 (20 hours)
Fire Protection $2,600.00 (20 hours)
Landscape Sl,OOO.OO (8 hours)
Civil $3,300.00 (20 hours)
Invoices for items related to this task shall be supported by the hours expended and the hourly rates
charged for the individual performing I providing the service. Invoicing shall be only to the extent
services are rendered. Cost and hourly estimates as outlined above are not intended for any
individual discipline and may be applied as necessary to any required trade. In the event total cost
of this task is near depletion as a result of Additional Services an added authorization shall be
requested. . for additional funds and continuation of services.
6. Reimbursable Expenses - Architectural CEstimate)
Reimbursable Expense items previously listed in OlD' base agreement are generally unchanged and
the cost is adjusted. only to reflect the additional project time extension due to the schedule
revision for the project. The cost is estimated and items shall be invoiced only to the extent
expenses are incurred and with verification supporting documents.
New Comer County Fleet Facility - RFP #02-3422
Disney &. Associates, P A - Change Order # 15 September 20, 2006
Page S of7
ANTICIPATED SCHEDULE
Agenda Item No. 1 DC
October 24,2006
Page 13 of29
The schedule for the Phase I Construction Administration is established as October 10, 2006 to October
09, 2007 as a twelve (12) month duration. In the event the project schedule is extended the Consultants
compensation shall be adjusted for the period of extension.
PROFESSIONAL SERVICE FEES
The professional service fees for the associated scope of services are listed below.
Scope of Services
1. Preliminary Matters
2. Subsurface Soils Observation during Construction
3. Construction Phase Services Phase I - Architectural (Adjustment)
4. Land Development Code Record Drawings
5. Additional Services
6. Reimbursable Expenses
Subtotal
EXCLUDED SERVICES
Fee Fee Tvpe
$2,450.00 Fixed
$1,672.00 Fixed
$17,443.00 Fixed
. $4,600.00 Fixed
$28,820.00 Estimated
$5,900.00 Estimated.
I
$60,885.00
Services for the analysis and related recommendations and denials for Value Engineering and
production substitutions and ALL related scope of work is excluded (except as Additional Services).
Cost Estimating Services are excluded.
Phase II response to drawing review comments, drawing corrections, drawing plotting, bidding support,
and construction Administration related to Phase II construction.
I
Design revision to the BCC Fleet, Sheriffs Fleet Building and Wash Rack Building including but not
limited to Collier County LDC Architectural review are specifically excluded.
The professional services to be provided by the CONSULTANT are limited to those described in the
Scope of Services. All other services are specifically excluded.
New Collier County Fleet Facility - RFP #02-3422
Disney & Associates, P A - Change Order # 15 September 20, 2006
Page 6 of7
~'~.4'~~<<
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'_-<\.j';';'
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Agenda Item NO.1 OC
October 24, 2006
Page 14 of 29
We are prepared to continue the project promptly upon you,r written authorization of this Change Order.
Sincerely,
~
Dalas D. Disitey, AIA'
Cc: Project File
, Attachments:
Exhibit "A" - one page
Exhibit "B" - one page
Exhibit "C" - one page
Exhibit "I)" - seven pages
Exhibit C'E" - twO pages
Exhibit "F" - one page
Exhibit "0" - one page
New Collier CoUDty Fleet PlCility - RFP #02-3422
Disney & Associates, P A - CbaDgc Order i#1S Soptember 20, 2006
Pap 7 of?
, '
-
Agenda Item No. 10C
Or.tnh<:>r?4 ?nnR
Page 15 of 29
...::.
, iiiii1\i
Ardaman & Associates, Inc.
Geotechnical. :;nvironmental and
'Joatertaii Consu~.znlS
August 28, 2006
Ardaman File No. 03-4536
Disney & Associates, P.A.
1865 Veterans Park Drive
Suite 301
Naples, Florida 34109-0447
EXtrl f? If
'-At
Attention: Mr. Dalas Disney
VIA:dalas@disneyarchitect.net
Subject:
CoRier County Maintenance Facilit)t
Naples, Collier County, Florida
Reference: Ardaman & Associates, Ine. report of subsurface soil exploration.
analysis and recommendations for the subject project dated
August 11, 2003. '
Dear Mr. Disney :
In the referenced geotechnical report, we noted that two test borings, SPT-11 and 12. encountered a
disturbed soil profile to depths of 6 to 8 feet with traces of wood and metal debris. A historical aerial
photograph review showed that this area was a borrow pit that was excavated in 1977 and filled in 1985.
Also, boring SPT -4 encountered a tree root at a depth of 5.5 feet (not that unusual). From the test boring
data, the soB profile appears to be suitable for shallow fOl.I\daflon design with slab-on-grade without special
requirements. as was recommended in the referenced geotechnical report. The amount of debris
encountered was minor. However, we cannot dismiss the possibility that greater amounts of debris could
exist atthis location or elsewhere for that matter where we did not explore.
,Careful observation is needed during site dearing and grubbing operations and footing trenching to note
where debris may exist within the fill. Minor amounts of inorganic debris in a soil matrix in our opinion should
not pose a problem. We would be concemed if large amounts of organic debris is encountered such as
large roots, branches or stumps, or if rubble is encountered that has an open texture where soil can migrate
through the voids. These would be cases for further investigation. To that end, we need to stay involved
through the foundation construction
i,
I
I
We recommend that we be on site to observe clearing and grubbing operations and to observe and test
footing excavations and floor slab subgrades. A budget of $1,000 should be adequate for us to provide
these services on behalf of Collier County or the Construction Manager.
Please call us if you have any questions about this information.
Very trul~ you':5.
Arclaman & ~S$oclai:es. Inc.
,9~~L~L
Gary A. Drew; p, E.
Branch ManagerMce President
GAOIegs
!I370 82v!lria Flose!. Fo:1 Myers, flo!1:la 33913 !'hone (2::!9) 758-5500 "AX (2!9) 755-040S
Offi=es in: E.a,Ptcw. qoc:c;e.: :=art Mye:-s_ Mic;.mi. OTtando. ?ort Chario~e. Pert St. ~uc;e. SamsctG. Tallanesses. Taiil~. \4/. Petm 6eaCl'1
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SCHEDULE A
EXHIBIT #3
ORIGINAL
January 23, 2003
Agenda Item No. 10C
October 24, 2006---
Page 16 of 29
[,
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FLEET CONSTRUCTION ADMINISTRATION
At one (1) site visits per Week
Estimate 12 month duration
1 Establish Schedule of Values I Review I Comment
2 Establish Schedule of Submittals 1 Review wf GC
3 Owner supplied Equipment coordination Review wI GC
4 Weekly Site Meetings ARCHITECT
52 weeks X 2.5 hrs I visit = 52 )( 2.5 = 130
5 Reports of Site meeting and dl&bibution
104 reports 11 hr ea = 104
6 Shop Drawing and Submittals Checking and distribution
Architect (26 wks @3 hrsl wi< = 78)
Structural (L.S. Quote $2.500)
PME I FP (L.S. Quote $9,000)
Civil (Est $5,000) ,
Landscape 18 hrs quote)
7 Site Meetings Engineers
Structural (6. $325 ee)
"ME' FP (124)> $450ea) ,
Civil (LS. Quote for Certification)
Landscape
8 Peyment Applications Review 1 Dfstrlbutlon
Architect (12 months X 1.0 hrs = 12)
9 Punch List X 2 Phases @ 1.5 days I Phase
Architect (24 hrs on site + 10 hrs Office)
Structural (8 hrs on site + 2 hrs Office) ,
PME I FP (32 hrs on site + 6 hrs Office)
Civil (LS. Quote)
Landscape (8 hrs on site + 3 hrs Office)
10 Post Construction
As-Bullt Check
CAD files to Facilities - Prep files/Bum CD/Deliver
Review 0 &M Manuals
Review Warranties for Compliance wI specs
IrQTAL
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HOURS
2
1.5
2
130
104
78
18
6
12
15
12 .
34
10
38
11
10
4
4
3
RATE
$80
$80
$80
$75
$75
$80
$100
$325
$450
$100
$80
$80
$100
$100
$100
$60
$65
$80
$80
..' ,. :..
COST
$160
$120
$160
$0
$9,750
$7,800
$6.240
$2,500
$9,000
$5,000
$1,800
$1,950
$5,400
$8,000
$1,500
$960
$2,720
$1,000
$3,800
$3,500
$1,100
$800
$260
$320
$240
.$74,080
I
I'
".
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SCHEDULE A
EXHIBIT #3
REVISED
SephKnber20,2006
FLEET CONSTRUCTION ADMINISTRATION
Agenda Item No. 10C
,October 24,2006
Page 17 of 29
I
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At one (1) site visits per Week
PHASE I ONLY
Basis shall be 12 month duration October 10, 2006 to October 09,2007
1 Establish Schedule of Values / Review I Comment
2 Establish Schedule of Submittals / Review wI GC
3 Owner supplied Equipment coordination Review w/ GC
4 Weekly Site Meetings ARCHITECT
5~rweek:sX,3.dhrsTvisit =52x3= 156'
Reports ot Site meeting and distribution
104 reports /1 hr ea = 104
Shop Drawing and Submittals Checking and distribution
Atehitect ':(26"wk~@4hrStw\{=164f';'."
Structural (L.S. Quote $2,500)
PME I FP (LS. Quote $g,ooo)
Civil ~ilotE{ $5;000 ~:750)
Landscape 18 hrs quote)
Site Meetings Engineers
Structural (6 @ $325 ea)
PME / FP (12 @ $450 ea)
Civil (L.S. QiJ~forC~rtifjcatj0I18000t 1200)';:
Landscape
Payment Applications Review I Distribution
Architect, (12 months X 1.0 hrs = 12)
geiln~t),List ~~,'Phases @ 1.5 days
Architect (24 hrs on site + 10 hrs OffICe)
Structural (8 hrs on site... 2 hrs Offioe)
PME I FP (32 hrs on site + 6 hrs Office)
Civil (L.S. Quote 3500 + SOO)Ulij Accept
Landscape (8 hrs on site + 3 hrs Office)
10 Post Construction
As-Built Check
CAD files to Facilities - Prep fileslBum CDlDeliver
Review 0 & M Manuals
,Review Warranties for Compliance wI specs
5
6
HOURS
2
1.5
2
:156( .,
RATE
',$102
'-~j~2
,,$10Z
.."~;'~'1'64:-" "-$102
104
i$1 02
.'$'~b2
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7
8
January 23,2003 Schedule "8" - Attachment "A"
IAdjustmentthisCharige. '
r. ...'._.
18 $100
8
12
$325
$450
COST
$,;sj
$204
$0
"$15,912
$10,608
$10,908
$2,500
$9,000
$5,750
$1,800
$1,950
$5,400
, $9;200
$1 ,500
12 $1020:;""(';-- '$1;'224
34
10
38
11
10
4
4
3
15
$100
: ":$3,468
$1,000
$3,800
$4;000
$1 , 1 00
~$1'. 020
.$408
$408
$306
, ,$91,523
$74,080
$17.4431
,$102
$100
$100
$100
;~102 ,
'$102:
$102'
$102
I
I
1,-
Agenda Item No. 10C
October 24,2006
Page 18 of 29
, Page 1 of 1
~
From: BestLinda [UndaBest@colliergov.net]
Sent: Thursday. September 28,2006 3:42 PM
To: sestUnda; OalasDisney
Cc: HovellRonald
Subject: RE: Collier Fleet CO 15
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Dalas Disney
Dalas,
Per our conversation today, please also add the following postion to Schedule B of contract 02~3422:
!
Architech
$102/hr.
Linda
From: BestUnda
sent: Wednesday, September 13, 2006 1:07 PM
To: 'Oalas Disney'
Cc: HovellRonald
SUbject: Collier Reet CO 15
Dalas,
Please included the following in CO 15
Hour1y Rate Increases for the following positions
Principal
Clerical
$168.00/hr.
$ 52.00/hr
Add the staffing position ot Senior CAD Operator at $88.00/hr.
By way of this email, you can attach the emaH as supporting documentation to include in C015 submittal packet
to Ron.
Linda
,
J
9/28/2006
-
Agenda Item No. 10C
October 24, 2006
Page 19 of 29
EXt+te.t-r \ D '
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Disney & Associates, P.A.
1865 Veterans ParIt Drive, Suilc 301
Naples. Florida 34109.0447
Phone 239-596-2872
FlIl( 239-596-2874
"HOURLY RATE and EXPENSE SCHEDULE - July - December, 2006 II
Fees and expenses are reviewed seml-annually and adjustments made where appropI iate. The rates on this
schedule are applicable for the time period indicaled.
Professional Fees
Principal Da/as D. Disney, AlA.................. ................... .... ............ ......... ........ ........... ......... ...$168/hr
Architect ...... ..... .............. ................ ....... .............. ........ ........... ..... ..... ..$1 O2lhr
Senior CAD Operator (CAD and Drafting) ...............................................................................................$B8/hr
Clerical ...............,.... ......... ........... ............... ................ ..... .......... ...... .... $52Jhr
Expert Witness - TestimonylWaiting ................................................3.0 X Hourly rate (4 hour minimum)
BJueprlntslplotslb&w cople8lcolor coplesJreproductlorw
outside service/digital prints, ............................. .............. ........ ........................................ cost+()O~
bond plots-mono (24x36).. ....... ........... .... ..... ................ ...... ............ ................................. $9.00
bond plots-mono (11 x17)... ............................... ...... ......................... .......................... ..... $2.50
bond plots-mono (8. 5x11 ).................. ................ .......... ............. ........... ............................ $1.25
veUum plots-mono (24x3S).... .............. ................ ...... ........... ........... ................. ............... $11.00
mylar plots-mono (24X36).... ...... ................... ............... ....... ............ .............. ................. $18.00
color bond plots (24x36).... ............. ................... ...... ............... ........... ..... ..................... $60.00
bonc:\ graphics pIot-rnono (24x36).................. ..... ............................ ........ ................................... $54.00
bond copy-mono (letterllegaJlpage).. ........................ ......... ,. .............. ...... ..... .................................. $0.18
bond copy.mono (ledger/page).. ............... ...... .................................... ........ .......... ................... $0.35
color copies (8%x11 )....................... ............................ .... .... ........ ........... .................. $1.75
color copies (11x17)... .................... ..... ....................................... ...................... ....... $2.50
ccl-rom per disk... .................... ........................... ................. ......................... $125.00
Communications
long distance
fax
phone.... .... ..... ....... ......... ......... ................. ............ ........... ...... ....... cost+O%
per page... ........ ............ ......... ......... ......... .................. ...... ............ .......... $0.25
Shippinglcourler1poRige
ovemight commercial carrier
2-day commercial carrier
outside courier service
postage ,
.. .................... .......... ......... ........ ,. ...... ...... ..................._... .... cost+O%
.. ......... ................. ...................... ............ .... ...... ....... ............ cost+O%
.................. ............... .......... .... ......... .......... ............... .......... cost+O%
................................. ................ ................. .................. ....... cost+O%
Travel
air fare
mileage (out of town)
parking
........................... . ...................................... ......................... cost+Oo~
............... ........... ............ ........... ...... .......... ....................... $0.46/mile
........... ............... ........... ...... ............ ........... ...... ................... cost+O%
miscellaneous
all
.. ............. ..... ........ ............... ..................... ..................... ...... cost+O%
Interest on past due accounts (30 days from invoice date)' 1.5% per month
Flle: lhou......2005b CoIIl8r County.doc
Agenda Item NO.1 OC
October 24,2006
I-'age 2U of 2~
1,
....
'. .
S:)(.H-t~lT \ D '
Fe;. ~
. All timewill be billecht the following rate sebodule:
Principal S1201hr
Project Manager S90Jbr
Projoc:t Designer' S6SJ hr
Administtative Support S4SIhr
--
,>>
Architectural
Land Desi8fl
Incorporated
Arch~ LaIUl Deslp Fee Schell...
September 13.100(j
LAN D S C ^ r> EAR C 'H TEe T U R 1!
1780 S. Ho,,,,.bDC Driyc' S..i,tc ~. Nap!... PL ~4104' :.1. Z,i9.4~O.166J . Pn. %~9."'30.1664
E~MAil~ ne.ic:n@m~'h.d"c.re.,chi.r-CC:f.n.ct 'licen.e No. lADO:Oll~R' COI'p'orau Liccn..c No. LC260002.~'
Agenda Item NO.1 OC
October 24, 2006
Page 21 of 29
, AIm.AMNi & AssocIATES, INCJFORT MYuusINAPLEs
CoWER CouNTY FLEET FAClUTY . FEE Sc:HEIJUU! 06-474
PRoFEssIONAl.. T!STHG AND SUPPORT SERVICes
exH--1 F) I T' ~D'
FG,. ..,..
~
Data Evaluation, Engineering Analysis, Design Inspec:Ilon,
Field Monitoring, etc.
Principal Engineer
Senlor Project Engneer
project Englneer
PrajIIct GeoIogis1
Senior EngIneering Technlclan1Specialtst
per hour 152.00
per hour 127.00
per hour 110.00
per hour 82.00
per hour 64.00
per hour 110.00
per hour 64.00
per hour 68.00
per hour 50.00
per hour 44.00
per hour 35.00
CoIan'RucTJoN IIoNrroRING AND FIEl.D TESTING
SpeciallnspeclDr
T echniclanntlspeclor V
Tedmician/lnspec:tor N
Technician/lnspeclor fI1
Technician II
Technician I
LABoRATORY T'ElmNG
VISual ClassIfIcatIon and Sample HendOrig Special
Laboratory Tests (leaching Studies, SUIT)'
Consolidation. etc.)
Laboratory Technician V
UIboratcIy T echniclan IV
laboratory Technician III
Laboratory Tec:hnlclan II
Laboratory Techrician I
per hour 64.00
per hour 58.00
per hour 50.00
per hour 44.00
per hour 35.00
per hour 79.00
per hour 68.00
per hour 60.00
per hour 49.00
per hour 42.00
per hour 42.00
BiJllllarrPERsoMra!L
Engineering Designar V
Engineering Designer III
Engineering Designer I
Senior Technical Draftsperson
Technical Draftsperson
Technical Secretary
~........................... ........... ......
W.......cI_ ....,. WOIll and wortc In __ of I hounI per day (before 1 AM or abr 5 PM) Of' 40 houra per week per project WIll be CIw'ged It
1.25.... the -....u__
'HoIu1y -- ~ Fort--'otIlc8.
TERMS: A111Nll1-. - cIuI - ..... upon ........... 0IIlIr _.~_ ..... ...... _ 1I.."lIIl111111 A 11ft.- ...... fII 1.1.. ,..
monlll (I.e.. .. _11III ~ .... of 18%) .... be __ 011 ..,..... not "*' ..... ..,.. Nty ~ .... or ClItlw-a1nllurMd
In -...., -nqu.tt.mount shllll bs pIIid by the CIionL
~ pnc. - In 6ct far wortc comllle*l thnIugh ........ -.. lb. IM~" ..,11 bs supe~ by .. 'IIIIIT.........1or
-* perfonMd....~2I. 2001.
Agenda Item No. 1 DC
Oc1()h.:>r '-),1. ?QQ6
, Page 22 of 29
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Liebl &. Barrow Engineering, Inc.
f:"><..H"f R l7 \. D'
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Structural Engineering. Threshold Inspection
FEE SCHEDULE
PROFESSIONAL:
Principal Engineer
Professional EngiDeer
Construction Administration
Shop Drawing Review
Engineer
Construction Inspector ,
Regul8r Hour Inspector Rate
OvertimeIWeekead Inspector Rate
S 140.00lhr
110.001hr
110.001hr
110.001hr
95.001hr
70.00lbr
l05.001hr
AutoCad Technician
68.00fhr
Claim Investigation ,
Expert Witness - Testimony (4 bour minimum)
175.00Ihr.
275.001hr
ADMINISTRATIVE:
Clerical
42.00fhr
OUTSIDE PROFESSIONAL FEES:
Cost + 15%
Fees are subject to change OD aD anDual balis. The most eanent Fee Schedule shan
be used.
September 2006
L
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Agenda Item No.1 OC
October 24, 2006
Page 23 of 29
"..
. .
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TLC Engineering
BILLING
FACTOR DESIGNATION
.....
8/1/06 - 7/31107
BIlLING RATES
6
5
4
3
2
1
Director
Senior Engineer, Manager
Project Engineer, Manager,
Engineer, Specialist
Graduate Engineer, Designer, Administrative Secretary
Technician, Secretary, Intern, Clerical
Rates subject to change with 30 days prior notice.
Forensic Engineering - 1.5 times normal billing rate
Special Consulting - 1.5 to 2.0 times normal billing rate
TLC - ENGINEERING FOR ARCHITI!CTURE
874 ClxDn Boulevard. Cocoa, FL 32922-5809
Phone 321.636.0274 _.tlc-englneers.com Fax 321.639.8986
$
185
160
130
100
80
60
.
.
. D'ITA":=....
CON~T1.TING 0fII"""'"
.a. ...., , .L .It. SorWl'ioI ot MIcIIlinJ
. .
Rate Code aDd Fee Schedule
Effective Ja7IUII1"Y 1. 2006
PROFESSIONAL CONSULTANT
01 - Consultant 1...................................-...-.....-- $
02 . COD5UltaDt IL.................................................... S
03 - Consultaat ill.................................................... $
04'; Consultant lV...............................-.................. $
OS - Consulrant V..................................................... S
06 - Consultant VI.................................................... $
07 . Consultant vn.................................................. S
08. Consultant VllI................................................. $
09 - Principal t........................................................ $
10. Principal n........................................................ $
lA - Principal m......... ................................ $
SO - Expert Witness.................................................. $
TECHNICAL SUPPORT
11 - Technician 1..................................................-.. $
12 - Technician It................................................... S
13 - Technician IlL.............................................. .... $
14. Technician IV................................................... S
IS . Technician v..................................................... $
16 - Technician VI........................ ............... $
ADMINISTRATIVE SUPPORT
21 - Project Coordinator I...... ......... :.............~ $
22 - Project Coordinator n. . ... .. .. .. .... ......... ..... $
23 - Project Coordinator ill...... ...... ... ............. $
24 - Project Coordinator IV. .............. ......... .... $
25. Project Coordinator V............................. S
26 -Administrative AssistantI...... ........... ....... S
27 - Administrative Assistant II... ..................... S
SURVEY FIELD CREWS
31-FieldCrew I (2Persoo)..................... $
32.FieldCrew n (2 Person)..................... $
33 - Field Crew ill' (2 Person )... .................. S
34-FieldCrew IV (2Pmon)..................... $
35 - Field Crew I (3 Person )............ ......... $
36-FieldCrew n (3Pcrson)..................... $
37 - Field Crew III ( 3 Person )............... ...... $
38-FieldCrew IV (3Penon)..................... $
39-FieldCrew GPS ...;............................... $
41 - Field Crew Robot (1 Pcnon)..................... S
42 - FicIci Crew Robot (2 Penon).................. ... $
I
Agenda Item NO.1 OC
October 24,2006
Page 24 of 29
5:><.Hlt3'T tp'
P~. -:;
70.00 I HR
80.00 I HR
90.00 I HR
10S.OO/HR
120.00/HR
130.00 I HR
145.00/HR
165.00 I HR
175.00 I HR
190.00/HR
200.00 I HR
22S.00/HR
52.50 I HR
62.50 I HR
72.50 I HR
82.50 I HR
92.50 I HR
102.50 I HR
47.50/BR
55.00 I HR
60.00 I HR
62.50 I HR
67.50 I HR
37.50 I HR.
42.50 I HR
85.00 I HR.
95.00 I HR
lOS.oo/HR.
115.00 I HR
115.00 I HR
125.00 I HR
135.00 I HR
145.00 I HR
13S.oo/HR
lOO.oo/HR
120.00 I HR.
C:\Documenu'ad'Seltinp\DALAS.DtsNEY\Loca1 SeaiDp\Tcmponry inta'nOt Fi1cs\OLK.olF\Rala Code - Fee Scbe&IaIc.doc
,~~:"'lc~,~~:;~~., J:1ir;.<~:
Agenda Item NO.1 OC
October 24, 2006
Page 25 of'29
.. "
D'XTAmc
CONSUL TINO
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September 14,2006
Dalu D Disney
Disney & Associates, P,A
1865 Veterans Park Drive, Suite 301
Naples, F L 34 109-0447
Subject: Professional Service Ploposal for UP #02-3422, New County Fleet Facility
Change OrrIer 9
(RWA, Inc. Project No. 020157.00.00)
Dear Mr. Disney:
Pursuant to our recent discussions, the anticipated timcline for completion of the Fleet Facility
project continues to be lengthened to a degree that it wmants adjustments to the original
contract pricing through an additional service agxcement. Accordingly, we hereby submit the
following list of fee increases for Civil Engincaring and Surveying Services associated with the
subject project.
Submittals Checking and Distribution
OJjgUalFcc S5,000,OO
IDaeascd Fce $ 750.00
Subtotal S5,750 00
Site Meetings. Respond to RFI's, Certificates ofComolction
Original Fee $8,000 00
lnercased Fcc $1,200,00
Subtotal $9.200,00
1Jtilitv~cceptance
OIiginal Fee $3.500.00
In=ascdFee $ 500.00
Subtotal $4,000,00
I also wanted to :reconfirm the fee for Land Development Code (LDC) Record Drawings as
listed below in OUl OIiginal proposal:
14.0 Land Develooment Code (LOC) Reconi Drawin2S
Consultant wm provide the following surveying services as reql.liIed per the Collier
County L~d Development Code:
· Locate all above ground appurtenances for the proposed ~emains.
· Locate pressure mains on 100' +1- intervals provided that the utility contractor
leaves a vertical sleeve for this purpose
· Provide vertical data for roadway PVI highs and lows
I
r.
i
6810 WIiIw PaIt D1v8 SuIe 200. ,... Fladil1I411l1. (238) 5874i75, fax: (239) 59Nl578
-~IIII'I
L
Agenda Item NO.1 OC
October 24, 200F1
Page 26 of 29
i- '"
, RWt..-
\. .....-
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P6~ ~
"".
.. Provide vertical data for sanitary and storm inverts
SCODe of Services
14.0 LDC Record Drawings
Fee Fee Typo
$4,600 Fixed
All of the original contract assumptions and excluded services are still in full force and effect.
ACCEPTANCE AND AUTHORIZATION TO PROCEED
Period for Acceotance
This Proposal! Agreemc:nt is open for acceptance by Client tbrou&b Sep1ember 28. 2006 Afta the
acccp1anCe date the proposal may be withdrawn or subject to modification by RW A.
Acceotance
If this ProposalIAgrc:emcnt satisfactorily sets forth Client's entire understanding of the agreement,
please sisn one copy of this agreement in the space provided and retum it to RW A as autbori2:atian to
proceed with the work.
Owner/Client AuthorimtiOn
1 bcrcby cedii)' l;bat the.UDdcrsigned is an IId:borized __ tbr Dimr:y &; AssociateS, P .A., WM is the
Prime ConsultaDt for the project. which is the subject of this proposal. A$ the owner's aut:barizcd apt
I hereby authorize tile performance of the scrvices as described herein and agree to pay the charges
rcsultiD& t:ben:by as identified above and in accon!ance with the Standard Business IctmS and
Conditions and Rate Code and Fcc Sobcdule of R W A provided with the original proposal
Accepted this _ day of
.2006.
By:
Name
Disney & Associates, P.A.
Title
Ihank you for the opportunity to submit this pro~ setvice proposal. Please feel free to contact
me at 597-0575 if you have any questions. We win look forwaId to hearing back from you soon.
Respec:tful1y yours,
RWA.1nc.
-w\~
Mark r. Stmyak, P E.
Project Manager
MIS
Cc: File Copy
1 Preliminary Matters
2 Site Data
A ALTA Survey
B , Design Phase Survey
C Phase I Environmental Survey
o Asbestos Survey
E Geotechnical Survey
3 'Zoning
AlBIC Rezone/Conditional UseJPublic PartiCipation
4 Preliminary Design
5 Construction Documents
e Penn its
7 Bidding,
8 Construction
9 Reimbursable Expenses
Total Basic Services
....'
:...
-.. .
BASIC SERVICES
TASK T1TlEIDESCRIPTION
Agenda Item No. 10C
0::to:;o:" ~ ~, :O:J:
Page 27 of 29
EXttlB\, ~ r I
Schedule "S" - Attachment "A"
Schedule of Fees for Sasic Services
Cost
8,600.00 Fixed
13,750.00 Fixed
12,400.00 Fixed
2,750.00 Fixed
4,000.00 Fixed
5,750.00 Fixed
41,120.00 Fixed
140,000.00' Fixed
162,350.00 Fixed
18,450.00 Fixed
500.00 Fixed
74,080.00 Fixed -<
16.250.00 Not To Exceed
$500,000.00
-
Percentage of project @ $6,600,000 ConstructJon
Cost
7.58%
January 24,2003; Disney &: Associates, P.A.
31
I
Agenda Item NO.1 DC
October 24, 2006
Page 28 of 29
....
.... :
Schedule "B" - Attachment "AN
Schedule of Fees for Basic Services
Amendment No. 1
EKI-!- i 17rr \. Gl )
...., J
BASIC SERVICES
Scope Increase
TASK TITLElDESCRIPTION Cost Cost
1 Preliminary Matters 8,600.00 Fixed 4.800.00 Fixed
2 Site Data
A At T A Survey 13,750.00 Fixed 0.00
B ' Design Phase Survey 12,400.00 Fixed 0.00
C Phase I Environmental Survey 2,750.00 Fixed 0.00
D Asbestos Survey 4,000.00 Fixed 0.00
E Geotechnical Survey 5,750.00 Fixed 0.00
3 Zoning.
AlBIC Rezone/Conditional Use/Public Participation 41,120.00 Fixed 0.00
4 Preliminary Design 140,000.00 Fixed 24,750.00 Fixed
5 Construction Documents 162,350.00 Fixed 33,700.00 Fixed
6 Penn its 18,450.00 Fixed 0.00
7 Bidding 500.00 Fixed 0.00 ~
a ConstnJction 74,080.00 Fixed 16,000.00 Fixed
9 Rembursable Expenses 16,250.00 Fixed 1,000.00 Fixed
.10 F Rezoning Application 17,250.00 Fixed
.11 G Water Management Design and ERP Application 5,175.00 Fixed
.12 H ERP Application SUPPO!'t 11,790.00 Fixed
.13 I Pennit Application Preparation and Support 8,600.00 Fixed
.14 J General Consultation 8,050.00 Fixed
*15 K Site Pfanning 7,500.00 Fixed
"16 L ERP Ecological & Environmental Services 16,135.00 Fixed
"17 M Easement Descriptions 0.00
Subtotal Basic Services $500,000.00 $154,750.00
" Indicates New Item related to Scope Revision
January 24,2003; Disney & Associates, P.A.
February 6.2004: Revised Disney & Associates, P.A.
Ii' I
I
Project: RFP#02-3422 "Professional Architectural Services for New County Fleet Facility"
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EXECUTIVE SUMMARY
Agenda Item NO.1 00
October 24, 2006
Page 1 of 9
Recommendation to approve Change Order #3 to add $1,390,932.40 for Inspection
Services to Johnson Engineering, Inc. under ITQ 04-3583 "CEI Services for Collier County
Road Projects" for Project No. 60018 "Immokalee Road Project from Collier Blvd. to 43rd
Ave. N.E."
OBJECTIVE: To continue professional Construction Engineering and Inspection (CEI)
Services from a highly qualified firm for the Immokalee Road Project from Collier Blvd. to 43rd
Ave. N.E. in a cost effective manner.
,-
CONSIDERATIONS: Johnson Engineering has been providing CEI services under a work
order issued under Contract 00-3184 Fixed Term CEI Services for County road projects. On
September 24, 2002, the Board of County Commissioners approved an Executive Summary for
the first portion of the project with certain Milestones. Subsequently, on June 28, 2005 the
Board of County Commissioners approved a new contract with Johnson Engineering. However,
the new contract did not include the total amount of days or dollars needed to complete this
project and it was noted that Transportation would come back in 2006 for the remaining funds
needed to complete this project. Overall this 8 mile project remains on schedule and this request
is not due to any delay in construction but rather to address the balance of the original
construction schedule. It is in the County's best interest to maintain Johnson Engineering as the
eEl for the inspection services on this project. Staff has successfully completed negotiations
with Johnson Engineering, Inc. in the amount of $1,390,932.40 for these inspection services.
FISCAL IMPACT: Funds in the amount of $1,335,343.73 are available in Transportation
supported gas tax Fund and Road impact fee fund. Funds in the amount of $55,588.67 are
available in the water impact fee fund # 411 Cost center 273511 project # 70093. The sources of
funds are Gas taxes, Road Impact Fees, and Water Impact Fees.
GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CEI #60018) is
consistent with the Transportation Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the Change Order
to Johnson Engineering, Inc. for the continuation of inspection services for this project and
authorize the Chairman to sign the standard County Attorney approved contract.
Prepared by: Steven D Ritter, Interim Principal Project Manager
Attachments: (1) Contract Modification Form; (2) Change Order
,-'
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 100
October 24, 2006
Page 2 019
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10D
Recommendation to approve Change Order #3 to add S1,390. 932.40 for Inspection services
to Johnson Englneerrng, Inc, under ITQ 04-3583 CEI Services for Collier County Road
Projects for Project No 600181mmokalee Road Project from Collier Blvd to 43rd Ave, N.E
10/24/2006 90000 AM
Date
Prep. red By
Steve Ritter
Transportation Services
Field Engineering Inspector
Transportation Engineering and
Construction
10/5/20061:13:19 PM
Rhonda Rembert
Contract Specialist
Date
Approved By
Administrative Services
Purchasing
10111/20062:51 PM
Norm E Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin,
10/12/20069:11 AM
Najeh Ahmad
Director
Date
App roved By
Transportation Services
Transportation Engineering &
ConstructIon Management
10112/20061:15 PM
Management/Budget Analyst
Date
Approved By
Lisa Taylor
Transportation Services
Transportation AdminIstration
10/1212006 1 ;45 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
10/12/20062:51 PM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
10112/20069:44 PM
Approved By
Pat Lel1nhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
10/13/20069:29 AM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10113120066:19 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10116/2006 10:45 AM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
10117/20069:40 AM
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item NO.1 00
October 24, 2006
Page 3 of 9
PROJECT #: 60018
PROJECT NAME:
Immokalee Road 6 lane, Collier Blvd. to 43rd Ave. NE
BID/RFP #: 04-3583 MOD #: 3
PO#: 4500052682
WORK ORDER #:
DEPARTMENT: TECM
Original Contract Amount:
$ 1.089.810.74
(Starting Point)
Current BeC Approved Amount:
$ 1.377.606.51
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 1.377606.51
(including All Changes Prior To This Modification)
Change Amount:
$ 1.390.932.40
Revised Contract/Work Order Amount:
$ 2.768.538.91
(1ncluding This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 1.678.728.17
Date of Last BCC Approval: February 14.2006 Agenda Item # 1688
Percentage of the change over/under current contract amount 104 %
Formula: (Revised Amount I Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10%
reported to BCe by the purchasing department, CeNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10%
or $10.000, these changes are reported by the Purchasing Department to the BCe administratively, Changers to these work orders that exceed those
thresholds require prior BCC approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCe amount. then Bce approval is
required, If in doubt. contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV,3,d
CURRENT COMPLETION DATE (S):ORIGINAL: June 27. 2007
CURRENT: April 30. 2008
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Added time to finish road contract.
added funds to be able to allow CEI to continue inspection.
JUSTIFICATION FOR CHANGE (S): What value or benefrt do these changes provide to the project?
Johnson Enaineerinq, Inc. was hired for CEI oversiaht on this project but time and money were broken out
into 3 seaments. This completes the 3m seament.
PARTIES CONTACTED REGARDING THE CHANGE: Mark Beaverson, Senior Proiect Enaineer, Johnson
Enaineerinq, Inc.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)_ Proposed
change is consistent with the scope of the existing agreement
-1L Proposed change is in fact an addition or deletion to the existing scope
-1L Change is being implemented in a manner consistent with the existing agreement
-1L The appropriate parties have been consulted regarding the change
-1L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY: :;: ;t;::::" M0
Steven D. Ritter, Project Manager
REVIEWED BY:
Contract Specialist
Date:
Date:
I v' {" c t
Agenda Item No. 10D
October 24, 2006
Page 4 of 9
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CHANGE ORDER # 3
Agenda Item No, 10D
October 24, 2006
Page 8 of 9
TO: Mr. Steve Morrison, P.E., President
Johnson Engineering Inc.
2158 Johnson Street
Ft. Myers FI. 33901
FROM: Collier County
Transportation Engineering & Construction
Management Department
2885 South Horseshoe Drive
Naples, Fl. 34104
Project Name: Immoka1ee Road Project # 60018
Construction Agreement Dated: Bid No.:ITQ 04-3583
Change Order No.: 3 Date: 9/25/06
Change Order Description: Provide additional Money and Time to allow completion of eEl services on
this major Road project
Credit $
Add $1,390,932.40
Original agreement amount .... ... ... .......... .............. ............. ............ $ 1,089,810.74
Sum of previous change orders amount (delete).............................. $ 287,795.77
This Change Order Amount [add] .................................................. $ 1,390,932.40
Revised Agreement Amount............ ..... ........... ........ .........,..,........ ... $ 2,768,538.91
Original contract time in calendar days ...730....................................
Adjusted number of calendar days due to previous change orders Days 0
This change order adjusted time is. ..308... Days
Revised Contract Time in calendar days ...1038............. Days
Original Notice to Proceed date............. ..... June 2, 2005
Completion date based on original contract time June 27th 2007
Revised completion date April 30th 2008.................................
This adds $1,243,239.19 for management and Inspection services, $55,588.67 increase in
Utilities for water main inspection, $16,190.30 additional for survey work, and $75,914.24
additional for reimbursab1es. The 308 days are needed to reach the end of the road projects
schedule.
Your acceptance of this change order shall constitute a modification to our Agreement and
will be performed subject to all the same terms and conditions as contained in our Agreement
indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if
any, to this Agreement shall constitute a full and final settlement of any and all claims of the
Contractor arising out of, or related to, the change set forth herein, including claims for
impact and delay costs.
Prepared by: Date:
Steven D. Ritter, Interim Principal Project Manager
Collier County Transportation Engineering & Construction Management
Accepted by:
Steve Morrison, P.E., President
Johnson Engineering, Inc.
Date:
Change Order No.
Page 2
Approved by: Date:
Jay Ahmad, P.E., Director
Collier County Transportation Engineering & Construction Management
Approved by:
Norman E. Feder, Division Administration
Collier County Transportation
Date:
Accepted by:
Roy Anderson, P.E., Director
Collier County PUED
Date:
Agenda Item No. 10D
October 24, 2006
Page 9 of 9
Agenda Item NO.1 OE
October 24,2006
Page 1 of?
EXECUTIVE SUMMARY
Report from the Collier County Health and Code Enforeement Departments regarding the
initiatives taken to eliminate unsafe and unsound housing in the Immokalee Community.
OBJECTIVE: To report back to the Board of County Commissioners the results of the efforts
made by the Collier County Health Department and the Code Enforcement Department in the
Immokalee area to improve and/or remove substandard housing in the Immokalee community.
,-.
CONSIDERATIONS: The Board of County Commissioners held a workshop on April 13,
2006 in the Imrnokalee community to discuss the housing issues with community leaders and
residents and see for themselves the conditions that exist in the area. At the conclusion of that
workshop there was overwhelming support to make a concerted effort to eliminate the
substandard housing that exists in the community.
Recommendations resulting from the April 13th Workshop:
1. Reinstate the tipping fees program to provide payment assistance for the removal of
condemned mobile homes and allocate $100,000 to the FY07 budget for this
program.
2. Take an aggressive approach to strictly enforce the County's Minimum Housing
Code and condemnation of substandard dwellings during the summer months while
many units are vacant, using the Florida Building Code as authority to condemn
mobile homes and RV trailers.
3. Strictly enforce and ensure the compliance with the Code Enforcement rental
registration code during the swnmer months while many units are vacant.
4. Increase the Department of Health migrant housing inspection staff through a budget
increase of$250,OOO annually.
5. Promote the utilization of the existing "fast-track" ordinance for farm worker
housing.
6. Promote the impact fee deferral program with the agricultural industry as an incentive
for the construction of new farm worker housing facilities.
On May 23, 2006 a report was presented to the Board summarizing the recommendations that
resulted from the workshop in April. The County Manager requested guidance from the Board
relative to the degree and timing of enforcement required to ensure all Immokalee residences are
habitable and in compliance with governing laws. After much discussion the Board gave
direction to the County Manager to take an aggressive approach to the elimination of substandard
housing in Imrnokalee. They also motioned to allocate expanded services funding in the Health
Department's budget for the elimination of substandard migrant housing in the FY 2007 budget.
In addition, $75,000 would be allocated immediately to start an aggressive summer program by
the Health Department. The funds would be utilized for hiring staff and purchasing the
necessary equipment to increase their inspections in the lmmokalee area during the summer
months. The Board also requested that a status report be provided at the end of October 2006.
~
Agenda Item NO.1 OE
October 24,2006
Page 2 of 7
The Board decided not to reinstate the $100,000 of funding recommended for the tipping fee
program.
Health Deoartment Status Rt!1Jot1- AccoIIIDlishments:
In June 2006 the Collier County Health Department established 4 Environmental Health Aide
positions and by July 1, 2006 the positions were established, filled and staff orientation and
training had begun. The individuals hired are all from the Immokalee community and have
worked as migrant or fann laborers in the past.
Investigations were initiated in facilities identified as damaged by Hurricane Wilma but still
being used as migrant housing units. Most units were vacant at the time of the investigation so
few individuals have been displaced. Assistance to seek other, more suitable housing has been
provided to anyone displaced including residents of Mr. Santos' facility. Property owners were
notified at the time of the inspection of the Health Department's intent to eliminate beds, reduce
number of licensed beds or to deny a permit based on the condition of the facility. Notification
letters with written documentation and photos where provided to all owners by hand delivery or
signed receipt. Duplicates of all notices and photos have been provided to Code Enforcement
staff and Department of Health Chief Legal Counsel. The Director of the Immokalee Division of
the Health Department spoke with or met individually with many of the owners impacted by
these efforts to discuss program objectives and requirements.
As of September 30, 2006, 486 beds from 238 units have been eliminated.
Positive Outcomes:
As residents of the community have become aware of the efforts being made to improve housing
conditions several have come to the Health Department to report problems. The picture below is
of a non-migrant housing unit brought to the attention of the Health Department by the renters.
A citation and fine were issued to the owner for sewage violations and the documentation was
delivered to Code Enforcement staff for follow up. The former renters have relocated to other
available housing.
"~,_.,,
Agenda Item No. 10E
October 24, 2006
Page 3 of 7
Budeet
AUoctlted Funds
enduures
Salaries
Su lies
ill ment
Travel
Remainine Funds
$75,000
$41,900
$5,110
$11.880
$1,100
$15.010
Code Enforcement Department Sttltus Reoort:
Since June 2006, the Code Enforcement Department developed a program for its staff to survey
the Immokalee Community to identify those structures that had the appearance of substandard
conditions. Staff resources were reallocated from other areas in the County to meet the Board
direction to the County Manager. The three Irnrnokalee investigators, two property maintenance
specialists and one general investigator were assigned to the program. The survey resulted in the
identification of 1 03 properties with structures that had substandard conditions. All properties
involved in the survey have been issued a Notice of Violation, either in person or via certified
mail, citing unsafe conditions. Further enforcement action will be taken, including forwarding
the case(s) to the Code Enforcement Board (CEB) if no corrective action has been initiated by
the date specified in the notice.
The Building Department has been consulted to perform inspections on approximately 20
structures so far. The inspections identify the general deficiencies with the Building Code and
require property owners to take action to correct the deficient conditions or demolish the
structure. To date, property owners have voluntarily complied with Code Enforcement staff
request and demolished 20 structures and repaired 9 structures. We anticipate that approximately
Agenda Item No. 10E
October 24,2006
Page 4 of 7
10 additional units will be repaired or demolished voluntarily leaving approximately 25 units to
be demolished by the County.
A Request for Qualification (RFQ) has been released with the help of the Purchasing Department
to solicit qualified contractor's to obtain bids for the removal of structures for this program.
What will prevent staff from proceeding with removal of structures will be lack of funding. No
funds were allocated specifically for this program and if existing funds are utilized, County-wide
nuisance abatement will be eliminated. Although the nuisance abatement program is designed to
be reimbursed by payment from the affected property owners, payment is rarely received timely
within a designated fiscal year, if at all. If it is recommended that this program continues,
funding is required for affective implementation.
Some of the progress made so far is evident in the following photos:
309 S. 1 sl Street (before)
311 S. 1st Street (before)
309 S. 15t Street (after)
311 S. 1 st Street (after)
Agenda Item No, 10E
October 24,2006
Page 5 of 7
" _.-.
3507 Carson Road (before)
-
3507 Carson Road (after)
We believe that much has been accomplished in a short time. Improvements are visible and if
this program continues it is bound to make a positive impact on the Immokalee community.
Plans and Continuine Efforts
Cooperation and coordination of efforts between the Collier County Health Department and
Code Enforcement has had an impact in the short term but efforts must be made to sustain,
expand and monitor results over the long term. Without continued efforts and monitoring,
substandard units that are now vacant, will soon have new tenants. This project has only
addressed a small part of the problem. Many more unlicensed housing exists, based on estimates
of the number of migrant farm workers who come to Collier County annually. However
investigations are required to locate these units, bring them into compliance or close them down
as deemed appropriate.
FISCAL IMPACT: A total of $250,000 is already contained in the FY07 General Fund for the
Department of Health for the continuation of the inspection program to eliminate substandard
migrant labor housing highlighted in this summary. An additional $100,000 is requested from
MSTD General Fund (111) reserves for County initiated demolition of substandard housing in
the Immokalee community.
GROWTH MANAGEMENT IMP ACT: The elimination of substandard housing fulfils the
Goals, Objectives and Policies, of the Housing Element of the County's Growth Management
Plan, specifically:
_.
Obiective 4:
By 2000, the County and City will conduct a comprehensive housing survey to identify
substandard dwelling units. Through continued enforcement of each jurisdictions housing
codes, and the provision of housing programs, the number of substandard units associated
with a lack of plumbing andlor kitchen facilities throughout the County shall be reduced by
5% per year through rehabilitation or demolition.
Policy 4.1:
By 2001, use the comprehensive housing inventory to develop and implement new
programs to reduce substandard housing employing existing methods such as housing code
Agenda Item No. 10E
October 24, 2006
Page 6 of 7
inspections. rehabilitation, and demolition with new construction and develop new
programs as needed.
Poliev 4.2:
Require the demolition of dilapidated, unsafe or unsanitary housing that does not meet
housing code or cannot economically be rehabilitated.
Poliev 4.5:
Dwelling units will be maintained in a safe and sanitary condition, including adequate light,
ventilation. sanitation and other provisions as required by the County and the City
minimum housing codes. This will be accomplished through housing code inspections and
enforcement, and housing rehabilitation programs using State, Federal, local and/or private
resources.
RECOMMENDATION: That the BCC accept this report and endorse continuation of the
identified inspection initiatives. Further. the BCC is asked to consider funding an additional
$100,000 from MSTD General Fund 111 reserves to offset substandard housing demolition; and
continue support for the migrant inspection program which is currently funded within the Public
Health Department - General Fund (001).
Prepared by: Michelle Edwards Arnold. Code Enforcement Director
Dr. Colfer. Health Department
-
,-.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10E
October 24,2006
Page 7 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10E
Report from the Collier Counly Health Department and Code Enforcement Department
regarding the initiatives taken to eliminate unsafe and unsound housing in the lmmokalee
Community_ (Michelle Arnold. Director, Code Enforcement and Dr. Joan Colfer, Collier
County Health Department)
10124/200690000 AM
Date
App roved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
1011212006 11 :09 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Serl!ices Admin.
10/13/200610:47 AM
Mark Isackson
Date
Approved By
County Manager's Office
Budget Analyst
Office of Management & Budget
10/17/20061 :00 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/18/20069:37 AM
Agenda Item No.1 OF
October 24, 2006
Page 1 of 19
-
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 November 1, 2006 and superseding Resolution No. 2006-43 and
all other resolutions establishing License and Fee Policy.
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
November 1, 2006 to provide for multiple changes and additions within the policy.
Major changes within the fee structure were brought to the Board of County
Commissioners on September 26,2006. The Board of County Commissioner's directed
staff to look at a variety of issues related to recommended changes. Specifically, the
Board requested that:
,-
· Concession Booth fees dropped from $25 to $20.
· Consider reducing recommended single and family annual pass rates to Sun-N-
Fun Lagoon
· Establishing criteria that annual pass rates to Sun-N-Fun only be provided to
residents of Collier County
· Look at establishing higher fines for violating handicap parking, deface or
disfigure county property, soliciting, removal of live, natural objects, removal of
cultural resources and loud music ordinances
· Allow for a transferable rain check policy
· Change enumeration within the fee policy for consistency and accuracy
· Identify exemption for civic associations to use for their general membership
meetings
· Establish less of an increase for fees associated with use by non-profits for
facilities
In response to the Board of County Commissioner's direction each of these changes have
been implemented and/or already existed. Changes are identified with strike through if
altered from last year's reso lution or underlined if language has been added to the
resolution.
Furthermore, in the October 10, 2006 Board of County Commissioner's meeting, changes
regarding the following was directed:
"-
Agenda Item No, 10F
October 24,2006
Page 2 of 19
. Consider increasing fines associated with Littering, Glass Containers on the
Beach, Defacing Disfiguring County Property, Removal of Live, Natural Objects
to increase
. Consider adding language that would require individuals who defaced or
disfigured County Property to also pay for damages incurred.
. Consider adding indecent exposure in addition to nudity as a offense requiring a
citation
. Consider identifying Regional and Neighborhood Park fees versus just ones
related to Immokalee Airport and Sugden
. Consider adjusting fees related to Cosponsored league play
· Consider limits to group sales to Collier County residents
. Consider limits to facility rentals in order to maintain facility for public use
Significant changes to the fee policy include:
I Item I FY 06 Charge I Proposed FY 07 Charge
NCRP Indoor 1,500 I $ JO per hour I $15 per hOill
square feet (non-
profit)
NCRP Indoor I $15 per hour I $25 per hour
1,501-3,000 square
feet (non-profit)
NCRP Indoor 3,001 I $20 per hour I $40 per hour
square feet and over
(non-profit)
NCRP Gymnasium I $30 per hour I $30 per hour per court
(non-profit)
N CRP Indoor $25 per hour $40 per hour
Room 1,500 square
I feet (all others)
NCRP Indoor $45 per hour I $80 per hour
Room 1,501-3,000
square feet (all
others)
NCRP Indoor $60 per hour I $125 per hour
Room 3,001 square
feet & over (all
others)
I N CRP Gymnasium I $60 per hour I $60 per hour per court
I (all others)
I Concession Fees I $25 per day I $20 per day
Pelican Bay Tennis $8 per 1.5 hour I $10 per 1.5 hour time period
Fees time period
Pelican Bay Tennis
Fees
North Collier
Regional Park Sun-
N-Fun
Annual Pass
Sun-N-Fun Lagoon
Annual Pass
Golden Gate
Aquatic Complex
lmmokalee Sports
Complex.
I Summer Camp
Summer Camp (1-
week session
Park and Beach
Citations
I $371 annual pass
N/A
I N/A
1$225
I $210
1$549
I $75 per week
$35 for parking
only
Agenda Item NO.1 OF
October 24, 2006
Page 3 of 19
I $377.36 annual pass
$110-over 48" $80--under 48"
(inclusive of taxes)
Family pass $190 (inclusive of taxes)
$140 (inclusive of taxes)
Each additional family member $40
$125 (inclusive of taxes)
Each additional family member $30
I $600 + $540 each additional child
I $85 per week
(see attachment A for proposed
citation fee schedule)
The Parks and Recreation Advisory Board reviewed and approved the proposed fees at its
September 21, 2006 meeting. The Board of County Commissioners reviewed these
proposed recommendation and requested the changes found in the current resolution.
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 November 1, 2006.
Growth Mana2ement 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
,-
Item Number:
Item Summary:
Meeting Date:
Agenda Ilem No. 10F
Oclober 24, 2006
Page 4 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10F
ThIS Item was continued from the September 26 and the October 10, 2006 Bee meetings
Recommendation to adopt a Resolution repealmg all prevIous resolutions establishing and
amending parts of tIle Collier County Parks and Recreation Department Facilities and
Outdoor Areas License and Fee Policy and establishing the policy effective November 1,
.2005 and superseding Resolution No. 2006-43 and all other Resolutions establ:shtng license
and fee policy (Marla Ramsey, Admlnlst,ator, Public ServIces)
,'[ D/24/2D06 9:0000 f\M
Assistant Director
Date
Prepared By
Mary Ellen Donner
Public Services
Parks and Recreation
9/11/20068:04:25 AM
Senior Admin Assistant
Date
Approved By
Tona Nelson
Public Services
Parks and Recreation
9/29/2006 3:38 PM
Barry Williams
Director
Date
Approved By
Public Services
Parks and Recreation
10/2/20062:52 PM
Raymond Carter
Operations Manager
Date
Approved By
Public Services
Parks and Recreation
10/2/20063:41 PM
Approved By
Kathy Carpenter
Public Services
Executive Secretary
Date
Public Services Admin.
10/3120068:41 AM
MarLa Ramsey
Public Services AdministrZltor
Date
Approved By
Public Services
Public Service!:> Admin
10/3/20066:09 PM
Approved By
OMS CoordInator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
10116/20068:13 AM
Sherry Pryor
Management & Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10117/20068:55 AM
Approved By
Michael Smykow50ki
County Manager's Office
Management & Budget Director
Date
Office of l\ilanagcment 8. 8udget
10117/200610:17 AM
County Mimager
Date
Approved By
James V. Mudd
Board of County
Comrnissioners
County Manager's Office
10/18/20064:50 PM
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
Sea Turtles - Structure on Beach no Interaction
Sea Turtles - Interruption of Nesting
Sea Turtles - Grievous Harm Caused
Sea Turtles - Artificial LightinglNon-Compliance
Gopher Tortoise Infraction
Agenda Item NO.1 OF
October 24, 2006
Page 5 of 19
$35
$250
$30
$100
$75
$100
$100
$250
$500
$1,000
$500
up to $500
(Land Development Code)
$100
$100
$100
$50
$75
$50
$75
$75
$250*
$50
$100
$100
$100
$100
Loud Music
Nudity
Indecent Exposure
Blasphemous Language
Chumming and Blood Baiting
Protection & Preservation of Wildlife
Camping
Driving Motorized/Non-Motorized Vehicle/Beach
Deface or Disfigure County Property
Protection of Vegetation
Soliciting
Removal of Live, Natural Objects
Removal of Cultural Resources
Firearms
* All efforts will be made to ensure individuals who disfigure or deface County property
in addition to the fines cited above pay for the property damage.
Agenda Item No, 10F
October 24, 2006
Page 6 of 19
RESOLUTION No. 2007_
A RESOLUTION OF COLLIER COUNTY,
FLORIDA, RE-ESTABLISHlNG THE COLLIER
COUNTY PARKS AND RECREATION
DEPARTMENT FACILITIES AND OUTDOOR
AREAS LICENSE AND FEE POLICY ~
SUPERSEDING RESOLUTION NO. 2006-43 AND
ALL OTHER RESOLUTIONS ESTABLISHING
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 No. 2006-43 and all previous resolutions establishing
license and fee policy.
I. 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.
]1. L1M]TATIONS
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. If
applicable. scholarships are available based on a sliding fee schedule. 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 to stimulate increased utilization of programs,
III. CLASS]FICATIONS
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 Q, herein). Outdoor areas shall be used
for those purposes designated or implicit in their character, Any deviation
B.
Agenda Item NO.1 OF
October 24, 2006
Page 7 of 19
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 Q, herein), Facilities shall be used for those purposes
designated or implicit in their character. Any deviation from these intended
normal uses 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,
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 SOl (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, lmmokalee 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
2
Agenda Item No. 10F
October 24, 2006
Page 8 of 19
protect interests outside of the group, such as the environment, endangered
animals, disadvantaged persons, or some other similar external interest. The
primary focus ofthese 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 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,
~, Categorv II - All Others
A. Each individual. grouP. organization or entitv that is not within Categorv I.
1. Fund Raising Activities
Each Category I individual, group, organization or entity involved in any fund
raising activity must pay full fees as described in IV.RA.
Each Category II individual, group, organization or entity involved in any
fund raising activity must pav full fees as described in IYB,
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,
IY, FEE STRUCTURE - (All fees are exclusive of sales taxes unless otherwise
noted).
A. Category I User Fees
Facility Rates (excluding league play and special facilities; J.e" sWlmmmg
pool, etc.)
Facility Type Rate Per Securitv
Hour Denosit
Indoor Room under 1,500 sq ft $10,00 $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
Gymnasi urn $30,00 $100,00
Small Pavilion $10.00 $25.00
3
Agenda Item No, 10F
October 24,2006
Page 9 of 19
Large Pavilion $20.00 $25,00
NCRP Indoor Room under 1.500 so ft $15.00 $50.00
NCRP Indoor Room 1.501-3,000 so ft $25,00 $100,00
NCRP Indoor Room 3001 sa ft & over $50,00 $100.00
NCRP Gymnasium (per court) $30.00 $100,00
Sugden Amphitheater $30.00 $60,00
Open Green Space (100 x 100) $10,00 n/a
Athletic Facilities for General Use (i,e, Special ~ $80,00
Events, Picnics, Carnivals, etc.) $20,00
Athletic Facilities for Athletic Use $15.00 nla
(Football/Soccer, Soft/Baseball, Little League,
Sports Pavilion, Roller Hockey)
Basketball/RacquetballIV olleyballlT ennis $5.00 nla
Courts
Lights $10,00 nla
Sugden Regional Park for a Countywide Event $800 per $200.00
day
I mmokalee Airport Park for a County wide $500.00 $200,00
Event ~
1. Fund raising rates are ~ $10,00 to hourly rate above.
2. 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.
3. The security deposit will be refunded in full if the facilitv is returned in the
condition in which it was received,
B. Category II User Fees
1. Facility Rates (excluding special facilities; i,e" swimming pool, etc.)
Facility Type Rate Per Hour Security
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 $100.00
NCRP Indoor Room under 1.500 so ft ~ $50,00
$40.00
NCRP Indoor Room 1.501-3.000 SQ ft $#,00 $100.00
$80.00
NCRP Indoor Room 3,001 SQ ft & over ~ $100,00
$125.00
NCRP Gvmnasium (per court) $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 $60.00 nla
Open Green Space (100 x 100) $20,00 nla
Athletic Facilities for General Use (i,e. Special $30.00 $80.00
Events, Picnics, Carnivals, etc,)
Athletic Facilities for Athletic Use ~ nla
(Football/Soccer, Soft/Baseball, Little League, $25,00
Sports Pavilion, Roller Hockey)
Basketball/RacquetballIV olley ball/T enni s $12,00 nla
Courts
Lights $10.00 nla
Sugden Regional Park for a Countywide $1,200 per day $200.00
Event
I mmokalee Airport Park for a Countywide $1.000 per day $200.00
event
4
Agenda Item NO.1 OF
October 24, 2006
Page 10 of 19
2. Fund raising rates are $20,00 added to hourly rate above,
3. Rental fees do not include setup and break down offacilitv.
An additional $20.00 per hour per staff person charge will applv should yoU
require this service,
4. The security deposit will be refunded in full if the facilitv is returned in the
condition in which it was received.
C. Additional Fees: Categories I and II
Service Additional Fee Per Hour
Rental during non-business hours $20.00
(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 clean Per hour fee determined by
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, 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 rental (except for
NCRP) a ~$20,OO fee per day or 20% of gross revenues per day,
whichever is greater, for each concession booth or location,
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,
5
Agenda Item NO.1 OF
October 24, 2006
Page 11 of 19
F. Reserved
G. Instructional Fees (Contractual Instructors)
1. Programs Fee Assessment: per hour or per participant basis.
2. ~Jon Staff Instruetar(s): .A.f1y easts f-or sl:Ipplies afla e~Hipment will be
sl:l-i31;raet8a frOffi tAe slaGs fee ana tRe BalaRs8 of tRe fuRas will Be Sfllit bet\Y88R
the ROR staff ins1;rl:lstor(s) aRa tRe COllHty as follews: a5% to tAe ReR staff
instrustor(s) aRd 35~:' to tAe CeHflty for all sHsA instruetieRal pregraffis
o0nGl:Ieted OR Cellier COl:lRt)' faoilities. .A.fier sl:l-i3traotion, tRe pro ratieR for
iRstruotional progralTlS seRdl:lotea en non OO\'\Rt)' faeilities sRall B8 70% ts the
nOR staff iRS1;rl:letsr(s) aRd 3g~( to tA@ CBl:IRty,
2.. Non-Stafflnstructor(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,
;2.. 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
Youth
Youth Immokalee
~ $40.00
~ $20.00
$ 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
Women's Softball
Church Leagues
Men's 35
Co-Ed & One Pitch Softball
Men's Soccer
Co- Ed Soccer
Adult Flag Football
$860.00
$540,00
$710.00
$760.00
$610.00
$650.00
$400,00
$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, Immokalee leagues will not be charged light
fees for practices. Light fees will be waived for practices two weeks prior to
the start of the 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
$30.00
$1.00
per registered youth per week
of league play
Adult
Youth
(includes play-offs or
all-star play)
6
Agenda Item NO.1 OF
October 24,2006
Page 12 of 19
Leagues will be charged light fees for practices, but not for scheduled
league games,
3, Clinics: Pm ratiens:
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.
c. An additional hourly rate will be charged for the facility if the clinic
serves a fund raising purpose.
d, If the clinic is free of charge to participants. regular facility rental fees
will apply,
4, Tournament Fees
Fees will be determined on a toumament-by-toumament 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,
I. Collier County Racquet Centers:
1. Pelican Bay Community Park Tennis Facility
Service Rate
Court Fees ~ $10.00 per person per 1 Y2 hr
Single Annual Membership H71.00 $377.36
Couple Annual Membership $662.00
Y2 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,
ISC=Immokalee Sports Complex, SNF = Sun-N-Fun Lagoon
Family is defined as an adult and. jf 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.
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 Policv: 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.
7
Agenda Item No, 10F
October 24,2006
Page 13 oUg
1. Entrance Fees (inclusive of sales tax)
UREler 3 Y 911th (3 17 AEkt# Senior
~ ff'St (6O+yrs)
3 vears Under 48" Over 48"
and under
GGAC Free $2,50 $3,00 $2.50
ISC Free $1.00 $1.50 $1.00
SNF Free $5,50 $10.00 $8.00
2. Pass Fees (@xeIHsi"e inclusive of sales tax)
Type ~ ~ Senior Family
Under 48" Over 48"
GGAC 3 month $40.00 $60,00 $40,00 $100.00
ISC 3 month $35,00 $55.00 $35.00 $ 90.00
GGAC Annual.. $60,00 $80,00 $60.00 ~
$140,00
ISC Annual.. $50,00 $75.00 $50.00 ~
$125,00
SNF Annual .. $80.00 $110,00 $80.00 $190.00
No corporate discounts on pool passes.
Annual pass rates are for Collier County residents only,
** Please check dates and hours of operation at facilitv.
3. Swimming Instructional Fees
GGAC ISC
Children's 12 hour $40.00 per $10,00 per
clas s es participant participant
Children's Y. hour $45.00 per $15.00 per
classes participant participant
Adult Y. hour classes $45,00 per $15,00 per
participant participant
Private Lessons $15.00 per 12 hour n/a
4, Pool Rentals GGAC & ISC (exclusive of sales tax)
Each pool includes one staff member,
One pool $50,00 first hour
Each additional hour $35.00 per hour
Each additional pool $35.00 per hour per pool
Additional staff $15.00 per hour per lifeguard
5. S NFL
un- - un agoon ees rount aCl 1 tv enta ees
User Rate
Persons less than 1 g iRelles tall ~5 ,19 plH" tall aaily fee
PerseRS <1 S iRSRElS taller taller <t'" A~ .. :1. <'_
Members of groups of 20 or $4,25 plus tax daily fee
more who are less than 48 inches
tall
Members of groups of 20 or $7.55 plus tax daily fee
more who 48 inches tall or taller
Entire Facility Rental $1500 per hour, 2-hour minimum
$1000 each additional hour
includes staff
Partial Facility Rental $200 per hour, per pool
(excluding lazy river)
$300 for lazy river
dees Rot iRelHae staff, staffiRg
F G
IF T R
IF
8
Agenda Item No, 10F
October 24, 2006
Page 14 of 19
I~~~::~I
li~ga-lifiI as Reoedea as aet~n:niReG
No exceptions are made to Collier County Aquatic Facility rates.
Fee far R8R Callier COUflty J'lliblie seAeels BRG e8lleges al1a
\:Iflivl:1FSities aariRg regular €l)'leratiRg Rears is $35,00 )'ler ROur
Haless sliperseae8 by seflar-ate agreeRltlFlt.
Collier Cel:lflty PI:IBlie SeReels are fee ellemj'lt; Aewe\"er, tAey are
Teql:li:rea te flay $15.90 fler Rel:lr per lifegli8ra Elf iRstrueter, ifR8t
al:lriRg Fe~]8r a]'leratiRg A81:1rs, This fee exem]'ltiea 88es Rat
8fl]'lly t8 tAe Sl:Ifl N Yl:ID LageaR.
K. Collier County Fitness Centers
Key to abbreviations: GGCP=Golden Gate Community Park,
ISC=lmmokalee Sports Complex, NCRP=North Collier Regional Park,
MHCP=Max Hasse Community Park, VTCP=Veterans Community
Park
I. Fitness passes are available in a three-tiered system, with passes
offering use offacilities as follows:
Facility Daily Fee Tier 1 Tier 2 Tier 3
Pass Pass Pass
NCRP Fitness ~$7 yes no no
GGCP Fitness 7 yes yes no
MHCP Fitness 7 yes yes no
VTCP Fitness 4 yes yes yes
ISC Fitness 4 yes yes yes
GGCP Pool Above see J yes ves no
ISC Pool Above see J yes yes yes
NCRP Lap Pool Above see J no 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.
Tier Tier Tier
1 2 3
Monthly $35 $33 $20
3-Month $100 $90 $50
Annual $300 $250 $160
Spouse of Additional Family Member $165 $140 $100
(includes college students up to 25 years
of age)
Student (ages 13-18, students ages $125 $100 $75
13 to 14 must be accompanied by an
adult
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,
9
Agenda Item No, 10F
October 24,2006
Page15of19
4, Corporate Discount on Annual Passes
Discount does not apply to additional family members,
Discount is based on employee participation, as follows:
Employees
5-9
10- 24
25 and above
Discount
10%
20%
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)
9-week session $519.00 $600.00
(each additional child) $540,00
I-week session $ 75.00 $85,00
10% discount on each additional child from the same household after the first.
2. After School Camps
Jler ':Ieek Session- 19 weeks
20 weeks
$25.00 $475,00
$500.00
Transportation cost per week is additional and will be based on the
current transportation contract.
3, Holiday Camps
I-day camp
1- week camp
East@r Camp (5 says)
Christmas Camp (1 days)
$15.00
$85.00
$75.00
$aO.OO
4. Collier County Parks and Recreation Specialty Camps
Additional specialty camp fees are competitive market prices based
on hours and type of instruction.
Ranger Camp per week
Ski Camp per two weeks
Sailing camp per two weeks
$100.00
$250.00
$250.00
N. Refund Policv
a. Programs and Classes
Satisfaction Guarantee Policv -If vou 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
10
Agenda Item No, 10F
October 24,2006
Page 16 of 19
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 facilitv 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
wilI be granted,
c, Point of Sale Refund
If vou are not satisfied with a facility or a seryice provided by the
department. vour reQuest for a refund will be reviewed bv the superyisor
on duty. Current Finance Department refund policies will be followed,
O. Memorial Bench and Tree Donations
1. $2,000 Bench
2, $ 500 Tree
Fines for Park and Beach Citations
Chapter 89-440 Laws of Florida authorizes the Board of County
Commissioners to designate employees of Collier Countv Parks and
Recreation Department as Park Rangers. The Board of County
Commissioners has granted Collier County Park Rangers with certain
powers and duties. through Section 246-28 the Code of Laws and
Ordinances, Chapter 97-347 (Special Act) as amended bv Chapter 2006-
337 further authorizing Park Rangers to write citations to appear before
the Special Master.
P.
80-47- Parking Citation
80-47- Handicap Parking Citation
76-48- Domestic Animals
76-48- Littering
76-48- Intoxicating Beverages
76-48- Glass Containers
76-48- Fires
76-48- Sea Turtles - Structure on Beach no Interaction
76-48- Sea Turtles - Interruption of Nesting
76-48- Sea Turtles - Grievous Harm Caused
76-48- Sea Turtles - Artificial Lighting/Non-Compliance
3, I I A-Gopher Tortoise Infraction
(Land Development Code)
76-48- Loud Music
76-48- Nuditv
76-48- Indecent Exposure
76-48- Blasphemous Language
76-48- Chumming and Blood Baiting
76-48- Protection & Preservation of Wildlife
76-48- Camping
76-48- Driving MotorizedlNon-Motorized Vehicle/Beach
76-48- Deface or Disfigure County Property
76-48- Protection of Vegetation
76-48- Soliciting
76-48- Removal of Live, Natural Obiects
76-48- Removal of Cultural Resources
76-48- Firearms
$35
$250
$30
$100
ill
$100
$100
$250
$500
$1.000
$500
up to $500
li.QQ
$100
$100
$50
$75
$50
ill
ill
$250*
$50
$100
$100
$100
$100
11
Agenda Item NO.1 OF
October 24,2006
Page 17 of 19
* All efforts will be made to ensure individuals who disfigure or deface County property
in addition to the fines cited above pav for the property damage,
Q. Golden Gate Community Center
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
2. User Categories
Class I: Charitable. Not-for-Profit organizations
Class II: Not-far-Profit organizations
Class Ill: Civic organizations
Class IV: Commercial or For-Profit organizations and any other group or
individual
3, Deposit Fees
Auditorium
All Other Rooms
$200,00
$ 50.00
4. Rental Fees
A. Rooms A, B, C, D
Category within District
Class I No charge
Class 11 No charge
Class 1II
Class IV
(<1,500 sq ft)
(1,501-3,000)
(3,001+)
B. Auditorium
Category
Class I & III
Class 11
Class IV
No charge
$lO.OOlhour
$15.00/ hour
$20.001 hour
within District
No charge
approved by Board
$20,OOlhr < 10 pm
$40.00Ihr 10 pm +
outside District
No charge
approved by Board
No charge
$25.001 hour
$45.001 hour
$60.001 hour
outside District
No charge
approved by Board
$60.00Ihr < 10 pm
$80.00Ihr 10 pm +
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
Class I
Fund Raising
Class II
Fund Raising
General Fee
$30.00 per hour any size
$20.00 added to rate above
$60.00 per hour any size
$20,00 added to rate above
Classes 1II, IV will be required to pay sales tax.
12
Agenda Item No. 10F
October 24, 2006
Page18of19
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 I and Class IJ, as previously defined in Q(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 A]coholic Beverages
I. ]t 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.
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 Sheriffs Office, The fee is payable to Collier County Parks
and Recreation at the time of payment for facility use.
13
Agenda Item No. 10F
October 24,2006
Page 19of19
A copy of the fee rules, as hereby amended, is attached. This revised policy shall be
effective November 1, 2006.
This Resolution adopted this day of
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
, 2006 after motion, second
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Frank Halas, Chairman
14
Agenda Item NO.1 OG
October 24,2006
Page 1 of 4
EXECUTIVE SUMMARY
Presentation to the Board of County Commissioners by the Collier County Transportation
Engineering and Construction Management Department regarding the cost and
requirements associated with converting FPL overhead electrical facilities to underground
lines along county's roadways.
OBJECTIVE: Respond back to the Board of County Commissioners with an estimate of the
county share of cost to convert overhead distribution lines to underground as part of FPL Grid
Hardening.
CONSIDERA TIONS: At the April 11, 2006 Board of County Commissioners meeting Mr.
Grover Whidden presented the FPL grid Hardening strategy for Collier County. The board
requested that FPL meet with Transportation staff to discuss the details of their cost sharing
proposal. The TECM staff worked with FPL to determine the cost of converting overhead lines
to underground on the six different road widening projects and finalized the conversion estimates
for presentation to the board.
The estimates are based on FPL being authorized to partICIpate at 25% in the cost of the
conversion alone. This has not occurred yet. The conversion to underground includes the cost of
removing existing poles and appurtenances, the remaining depreciated value of those facilities
_ and the cost of new underground installations. The majority of customers being served by the
distribution lines are currently connected overhead. The estimates do not include the cost for
these customers to convert to underground lines. The estimates to convert are for distribution
lines, not transmission lines. FPL will provide a detailed estimate upon payment of a ten percent
deposit on the total cost of the conversion. Rough Estimates are provided for the following
examples:
Example 1 - Project Under Construction: Rattlesnake Hammock Road from Polly Avenue to
Collier Boulevard. New power poles have already been installed, so the cost to remove includes
the value of the new poles and appurtenances plus the cost to place the lines underground. A
five foot utility easement is anticipated to provide room for the underground. The conversion
would need to take place after road construction is completed to avoid construction delays.
Trenching may not be possible in areas of walls and directional boring may be necessary. The
cost to Collier County per mile is estimated to be $869,325.
Example 2 - Project in Design: Collier Boulevard from US-41 to Davis. The cost to convert
includes a credit for savings for FPL not having to relocate their overhead. A five foot utility
easement is anticipated to provide room for the underground lines. The start of road construction
would have to be delayed until the easements are acquired in the areas of relocation. Trenching
may not be possible in areas of walls and directional boring may be necessary. The cost to
Collier County per mile is estimated to be $829,410.
Example 3 - Project at 100% Design: County Barn Road. The cost to convert includes a credit
- for savings for FPL not having to relocate their overhead. A five foot easement is anticipated to
provide room for the underground lines. The start of road construction would have to be delayed
until the easements are acquired. Trenching may not be possible in areas of walls and directional
boring may be necessary. The cost to Collier County per mile is estimated to be $798,881.
Agenda Item NO.1 OG
October 24,2006
Page 2 of 4
Example 4 - Project less than 60% Design: Santa Barbara Boulevard Extension, Rattlesnake
Hammock Road to Davis Boulevard. There is some overhead at the south end of the project that
does not require relocation. The cost to convert includes the depreciated value of these facilities
as well as underground lines. The cost of new underground has lower pricing in this instance
because FPL treats it like new development. There is room within our proposed right of way
without additional easements. The cost to Collier County per mile is estimated to be $275,250.
Example 5 - Project in the Estates: Golden Gate Boulevard from Wilson Boulevard to Desoto
Boulevard. The cost to convert includes a credit for savings for FPL not having to relocate their
overhead. There is room for underground lines within the proposed right of way. The cost to
Collier County per mile is estimated to be $591,429.
Example 6 - Finished Project: Pine Ridge Road from Airport Road to 1-75. The cost to convert
includes the depreciated value of the existing system and the cost to remove plus the cost of
underground lines. A five foot utility easement is anticipated to provide room for the
underground. This is a heavily developed area with signs and parking lots along the right of way.
The majority of the underground would need to be installed by directional boring. The cost to
Collier County per mile is estimated to be $1,098,963.
FISCAL IMPACT: If the following projects were converted to underground lines the funding
would come from Gas Tax and Impact Fees:
Example 1 - Project Under Construction (Rattlesnake Hammock Road)
Example 2 - Project in Design (Collier Blvd - US41 to Davis)
Example 3 - Project at 100% Design (County Barn Road)
Example 4 - Project less that 60% Design (Santa Barbara Extension)
Example 5 - Project in the Estates (Golden Gate Boulevard)
Example 6 - Finished Project (Pine Ridge Road, Airport-Pulling to 1-75)
$1,738,500
$5,225,280
$1,597,763
$ 550,500
$3,312,000
$2,088,030
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this Executive Summary.
RECOMMENDATION: No action by the Board of County Commissioners is requested.
Prepared By: Tad Pluc, TECM Project Manager
Attachments: 1) FPL Grid Hardening Cost Matrix
,'~"'U"'"
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10G
October 24, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10G
Presentation to the Board of County Commissioners by the Collier County Transportation
Engineering and Construction Management Department regarding U)e cost and requirements
associated With converting FPL overhead electrical facilities to unaerground lines along
county's roadways_ (Jay Ahmad, Director, Transportation/Engineering and Construction
Management and Grover Whidden Flonda Power and Light)
1012412006900.00/1M
Engineer
Date
Prep. red By
Tad Pluc
Tran&portation Services
Transportation Engineering and
ConstrLJction
10/5/200610:33:45 AM
Usa Taylor
Management/Budget Analyst
Date
Approved By
Transportation Services
TransportZltion Administration
10/5120062:39 PM
Approved By
Senior Project Manager
Date
Gary Putaansuu
Tr;:msportation Services
Transportation Engir1eering and
Construction
10/6120065:06 PM
Najeh Ahmad
Director
Date
Approved By
Tran!'.portation Services
Transportation Engineering &
Construction Management
10/9/2006 9:21 AM
Accountmg Supervisor
Date
Approved By
Sharon Newman
Transportation Services
Transportation Services Admin
10/13/2006 1 :29 PM
Norm E. Feder. AICP
Transportation Division Admmistrator
Date
Approved By
TranspO(tation Services
Transportation Services Admin
10/13/20064:50 PM
Pat Lehnl1ard
Executive Secretary
Date
App roved By
Transportation Services
Transportation ServIces Admin
10/16/2006 8:25 AM
OMB Coordinator
Administrative A!'.sistant
Date
Approved By
County Manager's Office
Office of Management & Budget
1011612006 B:41 AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management &. Budget
10/16/200610:05 AM
Michael Smykowski
Management & Budget Director
Date
App roved By
County Manager's Office
Office of Management & Budget
10/16/20064:06 PM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/17/20069:31 AM
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Agenda Item No. 10H
October 24, 2006
Page 1 of9
,-
EXECUTIVE SUMMARY
Recommendation to the Board of County Commissioners to approve selection of KCCS,
Inc. a Qualified Firm, and award a Contract under ITN 06-3947 "CEI Services for Collier
County Road Projects," for Project No. 60001 "Collier Boulevard (CR-951) from US 41 to
Main Golden Gate Canal" in the amount of $3,626,570.00
OBJECTIVE: To engage professional Construction, Engineering and Inspection (CEl)
Services from a highly qualified firm for the six-Ianing of Collier Boulevard from US 41 to Main
Golden Gate Canal in a cost effective and efficient manner.
CONSIDERATIONS: An Invitation to Negotiate (ITN) was issued for the purpose of
soliciting professional CEl services proposals for this project who were prequalified by the
Invitation to Qualify #06-3947.
The ITN was issued in accordance with Florida Statutes, Section 287.055, Consultant
Competitive Negotiation Act, and was publicly advertised on July 6, 2006. Notices were
advertised, and responses were received from firms by the due date of July 26, 2006.
-
A Selection Committee meeting was held on August 11, 2006. Following review, scoring and
discussion of two proposals from the ITN, a consensus of the members of the Selection
Committee selected and ranked the top two firms. The top two frrms selected are:
1. KCCS, Inc.
2. Parsons Brinckerhoff Construction Services, Inc.
Staff has successfully completed negotiations with KCCS in the amount of $3,626,570 for these
services.
FISCAL IMPACT: Funding for this project will come from Transportation Suported Gas Tax
Fund and Road Impact Fee Funds. Source of funds are qas Tax and Impact Fees.
GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier County
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the selection of
KCCS for award of this project contract and authorize the Chairman to sign the standard, County
Attorney approved contract.
Prepared By: Tad Pluc, Project Manager, TECM Department
Attachments: 1) Project Schedule; 2) Fee Schedule
-
Item Number:
Item Summary:
Meeting Date:
Agenda lIem No. 10H
October 24, 2006
Page 2 of9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10H
RecommendatIon to approve selection of KCCS, lnc, a Qualified Firm, and award a Contract
under ITN #06-3947 "CEI Services for Collier County Road ProJects" for Project Na,60001
"Collier Boulevard (CR-951) from US 41 to Main Golden Gate Canal" in the amount of
S3,626,570,00, (Norman Feder, Administrator, Transportation Services and Jay Ahmad,
Director, Transportation/Engineering and Construction Management)
10/24/20069,00:00 AM
Engineer
Date
Prepared By
Tad Pluc
Transportation Services
Transportation Engineering and
Construction
10/6120062:44:33 PM
Rhonda Rembert
Contract Specialist
Date
Approved By
Administrative Services
Purchasing
10/9/2006 8:16 AM
Approved By
Gary Putaansuu
Transportation Services
Date
Senior Project Manager
Transportation Engineering and
Construction
10/9/2006 8:48 AM
Najeh Ahmad
Director
Date
Approved By
Transportation SelVices
Transportation Engineering &
Construction Management
1 0/9/2006 9: 23 AM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrati....e Services
Purchasing
10/10/200611 :06 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
10/10/200611:25 AM
Managementf8udget Analyst
Date
Approved By
Lisa Taylor
Transportation Services
Transportation Adminis.tration
10/10/20063:58 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Tr.msportation Services
Transportation Services Admin
10/11/20063:28 PM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
10112/200612:52 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
10/12/2006 2:48 PM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
OWee of Management & Budget
10113/20066:24 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10/16/20069:20 AM
James V. Mudd
County Manager
Dale
Approved By
Board of County
Commissioners
County Manager's Office
10/17120069:45 AM
Agenda Item No. 10H
October 24, 2006
Page 3 of 9
SCHEDULE B
BASIS OF COMPENSATION
DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to
OWNER as part of its monthly invoice, a progress report reflecting the Project
design and construction status, in terms of the total work effort estimated to be
required for the completion of the Basic Services and any then-authorized
Additional Services, as of the last day of the subject monthly billing cycle.
Among other things, the report shall show all Service items and the percentage
complete of each item.
B 1.1.1 All monthly status reports and invoices shall be mailed to the
attention of: James Zuver, Engineering Inspector/Project Manager
Transportation Engineering and Construction Management
Department
2885 South Horseshoe Drive
Naples, Florida 34104
(239) 774-8192, (239) 659-5771 fax
ja meszuver@colliergov.net
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to
make monthly payments to CONSULTANT based upon CONSULTANT'S Direct
Labor Costs and Reimbursable Expenses in accordance with the terms stated
below. Provided, however, in no event shall such compensation exceed the
amounts set forth in the table below.
ITEM TASK NOT TO EXCEED
AMOUNT:
1. Management Engineering Services $ 1,395,232.
2. Inspector Services $ 1 962 71 0
3. Testinq Services $ 27.740
4. Survey Services $ 125,888
5. Field Office Expenses $ 115.000
TOTAL FEE (Total Items 1-5) $ 3,626,570
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium
and incentive) paid to CONSULTANT'S personnel, with respect to this Project,
including all indirect payroll related costs and fringe benefits, all in accordance
with and not in excess of the rates set forth in the Attachment B to this Schedule
B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit
detailed time records, and any other documentation reasonably required by
Error! Unknown document property name.
PSA
1-1
Agenda Item NO.1 OH
October 24,2006
Page 4 of 9
OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of
billing, to be reviewed and approved by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement,
OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable
Expenses based on the services to be provided. The negotiated fee shall be
based upon the rates specified in Attachment B to this Schedule B and all
Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below.
There shall be no overtime pay on Basic Services or Additional Services without
OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B,
shall be the total and complete amount payable to CONSULTANT for the Basic
Services to be performed under the provisions of this Agreement, and shall
include the cost of all materials, equipment, supplies and out-of-pocket expenses
incurred in the performance of all such services.
B.2.6 Notwithstanding anything in this Agreement to the contrary,
CONSULTANT acknowledges and agrees that in the event of a dispute
concerning payments for Services performed under this Agreement,
CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by OWNER, pending resolution of the dispute provided
that OWNER continues to pay to CONSULTANT all amounts that OWNER does
not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports
provided for under Section 1.1 of this Schedule B, an invoice for fees earned in
the performance of Basic Services and Additional Services during the subject
billing month. Notwithstanding anything herein to the contrary, the
CONSULTANT shall submit no more than one invoice per month for all fees and
Reimbursable Expenses earned that month for both Basic Services and
Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner
required by Owner. Additionally, the number of the purchase order granting
approval for such services shall appear on all invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting
actual work done, no signature, etc.) shall be returned to CONSULTANT for
correction. Invoices shall be submitted on CONSULTANT'S letterhead and must
include the Purchase Order Number and the Project name and shall not be
submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may
CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum
Error! Unknown document property name.
PSA
2-1
Agenda Item No. 10H
October 24,2006
Page 5 of 9
determined by multiplying the applicable not to exceed task limits set forth in the
table in Section 2.1 by the percentage Owner has determined CONSULTANT
has completed such task as of that particular monthly billing.
B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2
hereinabove and for reimbursable expenses will be made monthly upon
presentation of a detailed invoice with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment B, attached to
this Schedule B, CONSULTANT agrees that, with respect to any subconsultant
or subcontractor to be utilized by CONSUL T ANT for Additional Services,
CONSULTANT shall be limited to a maximum markup of 5% on the fees and
expenses associated with such subconsultants and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services
must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be
charged without mark-up by the CONSULTANT, and shall consist only of the
following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number
of documents described in this Agreement and postage and handling of
Drawings and Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred
with respect to Project related trips, to the extent such trips are approved by
OWNER. Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section 112.061,
F.S. Further, such expenses, if approved by OWNER, may include mileage for
trips that are from/to destinations outside of Collier or Lee Counties. Such trips
within Collier and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than
regular rates approved in advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the
OWNER.
B.3.5.2 Should a conflict exist between the dollar amounts set forth in Section
112.061, F,S., and the Agreement, the terms of the Agreement shall prevail.
Error! Unknown document property name.
PSA
3-1
Agenda Item NO.1 OH
October 24 I 2006
Page 6 of 9
SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
Task 1. Manaaement Enaineerina Services: Not to exceed
~1.395.232
. Construction coordination
. Complete record keeping of all activities and events
. Document all significant changes to the project
. Contract, plan, and specification interpretation
. Dispute resolution solutions (contractor and the public)
. Maintain required level of surveillance of contractors activities
. Prepare and document monthly pay requests
Task 2. Inspector Services: Not to exceed
~1.962.710
. Maintenance of Traffic
. Erosion, sedimentation and pollution control
. Embankment, base, and pavement structure
. Drainage structures installation plan conformance
. Signalization and lighting installation plan conformance
. Signing and pavement marking plan conformance
. Maintain required level of density reports on all applicable materials
. Utility inspection personnel provided per C.C.P.U.E requirements
Task 3. Testina Services: Not to exceed
. Material testing - earthwork and concrete samples
Task 4. Survey Services: Not to exceed
$ 27.740
$125.888
. Bench mark verification
Error! Unknown document property name.
PSA
4-1
Agenda Item NO.1 OH
October 24,2006
Page 7 of 9
. Cross-section verification
. Spot check contractor lay-out as needed
. Reference and reset certified corner records
.
Task 5. Field Office Expenses: Not to exceed
~115,000
. Rent
. Phone/Fax/DSL Line
. Electric
. Cleaning service
. Copier (Rental and Maintenance)
. NexTel Service (Office)
Total for Tasks 1 through 5
$3,626,570
-
-Due to the nature of a large construction project, while the total dollar amount
might remain the same, there may be some fluctuation in the task categories
calculations.
Error! Unknown document property name.
PSA
5-1
Agenda Item No, 10H
October 24,2006
Page 8 of 9
SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
Consultant's Emplovee Hourlv Rate Schedule
Title
Senior Project Engineer
Quality Assurance/Professional Support
Contract Support Specialist
Senior Roadway Inspector
Roadway Inspector
Roadway/Utility Inspector
Asphalt Plant Inspector
(Ardaman & Associates)
Inspector Aide
Secretary/Clerical
Project Manager - Survey
(McKim & Creed)
Registered Land Surveyor
(McKim & Creed)
Survey-Technician
(McKim & Creed)
4-Person Survey Crew
(McKim & Creed)
END OF SCHEDULE B.
Error! Unknown document property name.
PSA
Hourly Rate
$124.00/hr
$124.00/hr
$ 80.00/hr
$ 90,OO/hr
$ 72.00/hr
$ 72.00/hr
$ 74.00/hr
$ 50.00/hr
$ 48.00/hr
$ 138.52/hr
$ 113.91/hr
$ 80.08/hr
$1,335.00/day
6-1
Agenda Item NO.1 OH
October 24, 2006
Page 9 of 9
SCHEDULE C
PROJECT SCHEDULE
Task 1. Manaaement Enaineerina Services: Not to exceed
1.004
Days*
· Complete record keeping of all activities and events
· Document all significant changes to the project
· Contract, plan, and specification interpretation
· Dispute resolution solutions (contractor and the public)
· Maintain required level of surveillance of contractors activities
· Prepare and document monthly pay requests
Task 2. Inspector Services: Not to exceed
· Maintenance of Traffic
1 ,004 Days
· Erosion, sedimentation and pollution control
· Embankment, base, and pavement structure
· Drainage structures installation plan conformance
· Signalization and lighting installation plan conformance
· Signing and pavement marking plan conformance
· Maintain required level of density reports on all applicable materials
· Utility inspection personnel provided per C.C.P,U.E requirements
Task 3. Testina Services: Not to exceed
· Material testing - earthwork and concrete samples
Task 4. Survey Services: Not to exceed
· Bench mark verification
As Needed
As Needed
· Cross-section verification
· Spot check contractor lay-out as needed
· Reference and reset certified corner records
Agenda Item No, 101
October 24, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to award Bid Number 06-4016 for the purchase of Carbon Dioxide and
Sodium Hypochlorite for use by the Water and Wastewater Departments in the estimated
annual amount of $1,000,000.
OBJECTIVE: To obtain Board of County Commissioners approval for the award of Bid
Number 06-4016, Carbon Dioxide and Sodium Hypochlorite, to Allied Universal as the primary
vendor and Harcross Chemical as the secondary vendor for Sodium Hypochlorite and to Astor
Chemical for Carbon Dioxide.
CONSIDERATIONS: Bid Number 06-4016 for Carbon Dioxide and Sodium Hypochlorite was
processed by the Purchasing Department. Thirty-nine notices were distributed to potential
suppliers; four bidders submitted prices as requested. The Water and Wastewater Departments
use these chemicals to treat water and wastewater in order to meet all State and Federal
requirements.
,-
FISCAL IMP ACT: The actual amount to be expended will depend on consumer demands on
the potable water and wastewater systems, but the cost is estimated to be $1,000,000 annually.
The cost centers that will be utilizing this bid include the North County Regional Water
Treatment Plant, the South County Regional Water Treatment Plant, the North County Water
Reclamation Facility, and the South County Water Reclamation Facility. Funds are available in
the County WaterlSewer Fund (408), which is funded through user fees.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact to the award
ofthis bid.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio Governing
Board of the Collier County Water-Sewer District, award Bid 06-4016 Carbon Dioxide and
Sodium Hypochlorite to Allied Universal as the primary vendor and Harcross Chemical as the
secondary vendor for Sodium Hypochlorite and to Astor Chemical for Carbon Dioxide.
PREPARED BY: Pamela Libby - Water Operations Manager
-
lIem Number:
Item Summary:
Meeting Date:
Agenda Item No. 101
October 24, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
101
RecommendatIOn to award Bid Number 06 -4016 for the purchase of Carbon DIoXide and
Sodium Hypochlorite for use by the Water and Wastewater Departments in the estimated
annual amount of $1.000.000 (Jim DeLony, Administrator, Public Utllilies)
10124/2006900:00 AM
Water Operations Manager
Date
Prepared By
Pamela Libby
Public Utilities
Water
9/26/2006 3:00:37 PM
Purchasing Agent
Dale
Approved By
Jack P. Curran
Administrative Services
Purchasing
912612006 3: 11 PM
Water Operations Manager
Date
Approved By
Pamela Libby
Public Utilities
Water
9/26/2006 3:47 PM
Acquisition Manager
Date
Approved By
Mik'B Hauer
Administrative Services
Purchasing
912812006 8:22 AM
Approved By
Water Director
Date
Paul Matt3usch
Public Utilities
Water
9128/2006 1: 53 PM
WasteWater Director
Date
Approved By
G, George Yilmaz
Public Utilities
WasteWater
9/2912006 11 :20 AM
Operations Director
Date
App roved By
Thomas Wides
Public Utilities
Public Utilities Operations
10/4120064:10 PM
Purchasing/General Svcs Director
Date
Approved By
Steve Carnell
Administrative Services
Purchasing
10171200611:10 AM
James W. DeLony
Public Utilities Administrator
Date
Approved By
Public Utilities
Public Utilities Administration
10110/20062:47 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
10/11/20062:41 PM
Randy Greenwald
ManagemenUBudget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/1112006 4:33 PM
Management & Budget Director
Date
Approved By
Michael Smykowski
County Manager's Office
Office of Management & Budget
10/13/200611:34 AM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissfoners
County Manager's Office
10/13120063:50 PM
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Agenda Item No. 10J
October 24, 2006
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve a request to operate Sun-N-Fun Lagoon from
November 1, 2006 to January 31, 2007 on selected dates and revise the
schedule for February 3,2007 through May 28,2007.
OBJECTIVE: To provide recreational opportunities for the citizens of Collier County.
CONSIDERATIONS: The Sun-N-Fun Lagoont a water park associated with North
Collier Regional Park opened June 21, 2006. Since openingt the park has had over
100tOOO paid admissions exceeding revenue projections. Attendance after Labor Day has
remained robust during the weekends, but minimal admissions during the weekday.
Recruitment of lifeguards at the park has been a challenge after the summer and staff
recommends that in FY07 and FY08 the park operate on a limited basis, primarily on
weekends, after Labor Day. As efforts to recruit lifeguards have not allowed for
continued operations, supplemental staff for the water park has required Parks and
Recreation management and supervisory personnel to acquire their certification and
provide the needed life safety staffing required.
,-
Cwrendy the Fee Policy associated with the Parks and Recreation Department has
included a provision for an annual pass and hopefully this will be available for citizens in
the near future. The Board of County Commissioners has directed staff to make this
annual pass available only to the citizens of Collier County.
The water park. has been in operation since June 21, 2006 and the contractor is still
completing final punch list items. Lighting and full concession operations will be
available by the end of October. The initial planned closing of the water park was
scheduled from November 1,2006 to January 31t 2007. Howevert weekend attendance
at the park is still strong and staff recommends that the closing schedule be modified so
that the park. remains open on weekends and other select dates during this time period.
(please see attachment for recommended schedule).
Based on the attendance averages on the weekdays after Labor Day, staff also
recommends an alternative to the planned operationing schedule for the February 3, 2007
through May 28t 2007 time period. (Please see attachment for recommended schedule).
FISCAL IMPACT: The fixed costs associated with maintaining the water park (based
on the initially planned operating schedule) are already budgeted. The following
projections focus on incremental costs of operations for various time periods.
.-..
Opening the park on a limited basis (as recommended above) from November 1,2006 to
January 31, 2007 will require $179,764 in incremental costs. This would be offset by
$168,096 in projected revenue, resulting in a net incremental operating cost of $11 ,668.
Agenda Item No. 10J
October 24,2006
Page 2 of 12
The incremental cost of the modified operating schedule during the February 3, 2007
through May 28, 2007 time frame (as recommended by staff) is estimated at $214,506;
this is offset by projected revenue of $399,336. This results in incremental net revenue of
$184,830.
GROWTH MANAGEMENT IMP ACT: The North Collier Regional Park is
inventoried in the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the
recommendation to operate the water park according to the schedule outlined in the
attachment.
Prepared by: Barry Williams, Parks and Recreation Director
.,...".....,
,-'
Agenda Item No. 10J
October 24, 2006
Page 3 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10J
Meeting Date:
Recommendation to approve a request to operate Sun-N.Fun Lagoon from November 1
2006 to January 31. 2007 on select dates and revise the schedule for February 3, 2007
tllrDugh May 28. 2007 (Marla Ramsey, Administrator. PlJblic Services)
10/24/2006 9:0000 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10/18/20068:19 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/18/20069:29 AM
Agenda Item No. 10J
October 24,2006
Page 4 of 12
Memorandum
To:
Jim Mudd, County Manager
Leo Ochs, Deputy County Manager
From:
Marla Ramsey, Public Services Administrator
Barry Williams. Parks and Recreation Director
Ray Carter, Manager-Park Operations
Date:
October 13, 2006
Subject:
Sun-N-Fun Lagoon
Please consider the following as an update on the Sun-N-Fun Lagoon, an analysis on opening the water park during
the time period of November 1,2006 through January 31, 2007, and an analysis on revenue and expense projections
for operating the water park from February 3, 2007 to May 28, 2007.
POOLS
Pool
Lazy River
Slide Pool
Stlltus
Miscellaneous
All features working appropriately
Problems witb cbemkallevels being
maiatained
All features working appropriately
All features workiag appropriately
One water cannon not working
awaiting parts, Swizzle Stick
featare not workin aWllitin re air
All features working appropriately
One animal feature not working,
removed from I
Heated
Heated
IRteradive Water Feature
Family Pool
Turtle Cove
Not heated
Heated
Heated
LapIDive Pool
Tadpole Pool
Heated
Not heated
RECRUITMENT
Lifeguard recntitment has proven to be a challenge since Labor Day. Staffhas worked with Jenny Morris, Human
Resource Generalist on a variety of strategies. These have included targeting local universities for potential job
seekers, securing international student workers, recruitment of other organizations within Collier County that might
have certified lifeguards, obtaining certification for a variety of management and supervisol)' staff (cross training)
and reassigning them in lifeguard roles. Staff continues to use local radio, television, and print advertisement to
identify our needs for additional lifeguards.
Exceeding Expectations
1
Agenda Item No. 10J
October 24, 2006
Page 5 of 12
While we have gained some success in recruiting additional lifeguards, this will become a year round pursuit in order
to build a pool of qualified staff. We have also worked with Human Resources to develop an incentive for other
individuals who hold job titles within Parks and Recreation to include as part of their career progression., credit for
becoming certified and serving as lifeguards as needed. We have started to gather some comparative data of
lifeguard pay, however, not sufficient to provide specific recommendations at this time. Finally a proposal to
provide additional incentive or sign on bonus has been proposed to Human Resources and is under consideration.
ATTENDANCE
To date we have bad over 102,000 paid admissions. Attendance has maintained a steady pace; however, we have
seen a decrease in attendance in weekday attendance since Labor Day. This has been the result of students returning
to school. Weekend attendance continues to be robust and both are reflected in the chart below.
Average Daily Attendance September 2006
(Excluding Labor Day)
"0
.!
e:.2
o .
... .
.!i
e"O
:s.c(
Z
1200
1000
800
600
400
200
o
Monday
Tues
Wed
Thurs
Days
Fri
sat
Sun
Weekend attendance has remained relatively strong and should be considered for year round programming.
Programming through the week has resulted in fewer admissions and should be considered for next year's schedule.
ANNUAL PASS
Another request from the public has been establishing annual passes at Sun-N-Fun. The FY 07 Fee Policy is still
under consideration with the Board of County Commissioners; however, they recommend that annual passes for the
water park would only be made available for Collier County residents. A recommended annual pass can be found in
the table below:
AlelTypc UDder 48" Over .t8" Senior Faaily
Pass
Amount $80.00 (includes SIIO.OO (includes $80.00 (includes $190.00
taxes) taxes) taxes) (includes
taxes)
FINAL TOUCHES
Efforts are underway to install a 4th slide at the Sun-N-Fun Lagoon. This will require an undetermined period where
the water park will need to be closed in order to facilitate this installation. At the time of this report there is not a
scheduled time for delivery; however, planning efforts are underway for this instalIationto occur during the months
of December '06, January '07 and February '01. Four unfinished areas include the concession, the Red light/Green
light system, lighting for night use, and lockers. With the exception of the lockers all are scheduled to be completed
by the end of October.
Exceedlng Expectlltwns
2
ANALYSES OF OPENING NOVEMBER 1. 1006 THROUGH JANUARY 31. 2007
Agenda Item No. 10J
October 24,2006
Page 6 of 12
Below is a recommendation for continued programming through January 31, 2007.
November '00
Sunday I Monday I Tuesday I Wednesday I Thursday I Friday I Saturday I
I I I 1 I 2 I 3 I 4 (OPEN 10-5)
5 (OPEN '''5) I 6 I 7 j 8 I 9 I 10 I 11(OPEN 10-5)
12(OPEN 10-5) 13 j 14 I 15 I 16 I 17 I 18(OPEN 10-5)
19(OPEN 10-5) 20 I 21 122 /23 /24 I 25(OPEN 10-5)
26(OPEN 10-5) ~~~~~~
December '00
Sunday I Monday 1 Tuesday I Wednesday I Thursday I Friday I Saturday I
~~~~~~~
3 (OPEN 10-5) ~~~~~-=:J
10(OPEN 10-5) ~~~~~ 16(OPEN 10-5)
17(OPEN 10-5) ~~~~~ 23(OPEN 10-5)
24 Christmas 25 Christmas 26(OPEN 10-5) 27 (OPEN 10- 28(OPEN 10-5) 29(OPEN 10-5) 30(OPEN 10-5)
Eve Closed School Out 5) School Out School Out School Out
Closed School Out
Janu '7
Sunday
3 1 New
Year's Eve
(OPEN 10-5)
Monday
INew Year's
Day Closed
Tuesday
2 (OPEN 10-5)
School Out
Wednesday
3 (OPEN 10-5)
School Out
Thursday
4 (OPEN 10-5)
School Out
Friday
5 (OPEN 10-5)
School Out
Saturday
6 (OPEN 10-5)
F.xeeedilfg Expectstions
3
Agenda Item No.1 OJ
October 24 2006
12
,
I I I I I I t-'age fori
7 (OPEN 10-5) ~~~~~ 13(OPEN 10-5)
14(OPEN 10-5) ~~~~~ 20(OPEN 10-5)
21(OPEN 10-5) ~~~~~ 27(~1O.Sl
28 ~~~~~~
(OPEN 10-5)
COST AND REVENUE PROJECTIONS
The following chart shows additional operational costs associated with opening Sun-N-Foo for weekends November
thru January. These costs do not include costs we would incur if we were closed, Le., chemicals, etc.
Lagoon weekends only from November thru January, and the week after Christmas. This is a total of32 days.
rational Costs for November 1 2
ADDITIONAL BUDGET
OPERATIONAL ASSUMPTIONS
COSTS
Lifeguards
Pool Heaters
32 days x 15 per day x
$10.13 hour x (1.1 10010
PT benefits) X 7.5
bours er da
There are 22 beaters
associated with the
park.. Golden Gate
Aquatics Facility bas 6
beaters which cost an
additional $5,500 per
month (blanketed).
Estimates are based on
22 heatersl6 x $11,000
= $40,330 x 3 months =
$121,000 (00-
blanketed)
1 2007
TOTAL
$40,114
$121,000
Ifwe blanket 2
pools or roughly
18% of the surface
area we would
expect a similar
savings of 18% for
these beating costs
for 2 months.
Reducing this
figure by $14,520.
32 days x 6 Park and $18,856
Rec Assts x $11.16 per
hour x (l.l 10010 PT
benefits) x 8 hours per
da
Food Concession
ExJ:eeding Expectations
4
ADDITIONAL BUDGET TOTAL
OPERATIONAL ASSUMPTIONS
COSTS
Food Costs Bu~eted $9,600
Cashiers 32 days x 1.5 Park $4,714.
and Rec Assts x
$11.16 per hour x
(1.1 100/0 PT
benefits) x 8 hours
per day
Total 5179,764
Agenda Item No. 10J
October 24, 2006
Page 8 of 12
September weekend average has been just over 1,000 paid entrants per day, of these 90% are over 48" ($9.43) and
10% are under 48" ($5.19). Staff projects that the attendance will be 50% of the September weekend average when
factoring in the frequent cold fronts during this timeframe. See averages on chart below:
Climate (in Fahrenheit degrees)
IIJan IFeb IMarlAprlMay!June I July IA ug ISeptlOctlNovlDec
!Highl 77 f76rB2186 188190191f92l91ls7 /83178
~rs3f52WI61I66I7Of72f72l72rooraof55
I
Rainfall (in inches)
1~f2J)~I-1Y~tnraorasl92l-UJf1211A
I
1166 166 171177 1821 86 WW186I81I73f6B
Gulf Water Temperature (in Fahrenheit degrees)
Revenue ProiectiODS for November 1 2006 tbroa.h Januarv 31 2007
ITEM BUDGET ASSUMPTIONS TOTAL
Over 48" 500 entrants per day x 90% x $9.43 S135,792
x 32 daYS
Under 48" 500 entrants per day x 100/0 x $5.19 $8,304
x 32 days
Concession revenue 500 entrants per day x 32 days x $24,000
$1.50 Del' day
Sub-Total $168,096
Less Operational Costs ($179,764)
Net Loss/Gain ($11,668)
Average Monthly Costs. ($336,060)*
Net Loss/Gain ($347,728)
*The average monthly cost to operate the pool including regular FTIPT FrE's, operational costs and excluding
seasonal associates which are included in projections above averages S112,020 per month (per budget FT IPT
lifeguards and cashiers are reassigned during November-January)
exceeding Expectlltlons
5
Agenda Item No, 10J
October 24,2006
Page 9 of 12
Staff has researched costs associated with acquiring a blanketing system for pools during these months:
Slide Pool
Luy River
Tadpole Pool
Total
.....,~i,:'_...-.
53000
N/A
N/A
53 000
N/A
PiOl'
PooI/La
Family
Unable to blankd due to N/ A
N1A
$11,000
N/A
N/A
T.rtIe Cove
$23,000 53 000
529,000
Blanketing the Lazy River is not included in this discussio~ but is currently being researched for options. This
initial expense to blanket the pools would result in an estimated 18% reduction in heating/electrical costs per month.
Blankets would pay for themselves within the first year.
The following outlines Sun-N-Fun operating and revenue projections for scheduled opening for February 3, 2007
through May 28, 2007:
Februarv'07
Sunday I Monday I Tuesday I Wednesday I Thursday I Friday I Saturday I
~~~~~~ 3(oPENl~S)
4(oPENl~S) ~~~~~ l~OPENl~S)
lI(OPENl~) ~~~~~ 17(OPENl~S)
18(OPENl~S) ~~~~~ 2~OPENl~S)
2~OPENl~S) ~~~~~~
These dates are found in the budget assumptions associated with the operational costs and revenue projections for
February 1,2006 through May 28, 2007 below.
Exceeding Expectations
6
March '07
Agenda Item No. 10J
October 24, 2006
Page 10 of 12
Sunday I Monday I Tuesday I Wednesday I Thunday I Friday I Saturday I
I I I 1 I 1 I 2 I 3 (OPEN 10-5)
4 (OPEN 10-5) ~~ 7 I 8 I 9 110(0PEN 10-')
11(OPEN 10-5) 12 I 13 I 14 I 15(OPEN 10-5) 16(OPEN 10-5) 17(OPEN 10-5)
No School No School
18(OPEN 10-5) 19 120 I 21 I 22(OPEN 10-5) 23(OPEN ]0-5) 24(OPEN 10-5)
25(OPEN 10-5) ~~~ 2~OPENI~') 30(OPEN 10-5) 3 1 (OPEN ]0-5)
Anril '07
Sunday I Monday I Tuesday I Wednesday I Thunday I Friday I Saturday I
~ 2(OPEN 10-5) 3(OPEN 10-5) 4(OPEN 10-5) 5(OPEN ]0-5) 6(OPEN 10-5) 7 (OPEN 10-5)
CCPS Spring CCPS Spring CCPS Spring CCPS Spring CCPS Spring
Break Break Break Break Break
8 (OPEN 10-5) 9(OPEN I~S) I lO(OPEN 10-5) ] I(OPEN 10-5) 12(OPEN 10-5) 13(OPEN 10-5) 14(OPEN 10-5)
i
15(OPEN 10-5) ~~~ 19(OPEN 10-5) 20(OPEN 10-5) 21(OPEN 10-5)
No School No School
22(OPEN 10-5) ~~~ 26(OPEN 10-5) 27(OPEN 10-5) 28(OPEN 10-5)
29(OPEN 10-5) 30(OPEN 10-5) ~~ I~~
Ma '07
Sunday
Monday
Tuesday
Wednesday
Thunday
Friday
Saturday
Exceeding expectations
7
,
l(OPEN 10-5) ~~~=:J 4(OPEN 10-5) 5 ( i!IllMJ r
6 (OPEN 10-5) ~~~ IO(OPEN 10-5) ll(OPEN 10-5) 12(OPEN 10-5)
I 3 (OPEN 10-5) ~~~ 17(OPEN 10-5) 18(OPEN 10-5) 19(OPEN 10.5)
No School No School
20(OPEN 10-5) ~~~ 24(OPEN 10-5) 25(OPEN 10-5) 26(OPEN 10-5)
27(OPEN 10-5) 28(OPEN 10-5) 29(OPEN 10-5) 30(OPEN 10~5) 31(~1~" ~~
Memorial Day
Agenda Item NO.1 OJ
October 24 2006
12
It is anticipated that operational costs associated with heating the pools will decrease as the temperatures rise. In
addition, paid admissions will increase as the temperature rises and that is reflected in the total operational costs and
revenue projections below.
o tioDal Costs for Feb a 3 2007 t ro
OPERATIONAL BUDGET
COSTS ASSUMYfIONS
Lifeguards 63 days x 15 per day x
$10.13 hourx (1.1
100.10 PT benefits) x 7.5
hours da
There are 22 heaters
associated with the
park. Golden Gate
Aquatics Facility has 6
heaters which cost an
additional $5.500 per
month (blanketed).
Estimates are to double
this figure to $11,000
per month! per 6
heaters (un-blanketed).
22 beatersl6 x $11.000
= $40,333 x 2 months
= $80,666
7
$78.976
Pool Heaters (see gulf
water temp above,
heaters turned off
march 31")
$80.666
If we blanket 2
pools or roughly
18% of the surface
area we would
expect a similar
savings of 18% for
these heating costs.
Reducing this figure
by $14,520.
exceeding Expectlltions
8
Agenda Item No, 10J
October 24,2006
Page 12 of 12
OPERATIONAL BUDGET TOTAL
COSTS ASSUMPTIONS
Food Concession 63 days x 6 Park and $37,123
Rec Assts x. $11.16 per
hour (1.1 10% PT
benefits) x 8 bours per
day
Food Costs Budgeted Amount $22,980
Cashiers 63 days x 1.5 Park and $9,281
Rec Assts x $1 1.16 per
hour x (1.1 10010 PT
benefits) x 8 hours per
day
Total $214,506
Revenue Pro' ections for Februa
ITEM
Over 48"
Over 48"
Over 48"
Under 48"
Under 48"
Under 48"
Concession revenue
Concession revenue
Concession revenue
Sub-total
Less Operational Costs
Gross LossIGain
Average Monthly Costs*
Net Loss/Gain
Other recommendations include:
TOTAL
$50,992
$173,135
$100,995
$3,114
$10,588
$6,176
$9,000
$30,600
$17,850
· Plan FY 08 budget with operations to go to weekends only after Labor Day 2007 though March IS, 2008
· Recommend adopting changes listed above for FY 07
· Finalize career progression and sign on incentives to maintain required number of lifeguards
· Do formal comparative pay analysis for lifeguards and recommend additional compensation for these
positions
[fyou have further questions, please do not hesitate to contact either Marla or Barry.
Exceeding Expectations
9
Agenda Item No. 12A
October 24,2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners instructs staff to present a
proposed Ordinance for the Board's consideration at a future date which would amend
Ordinance No. 97-35, as amended, the "Collier County Code Enforcement Citation
Ordinance," as codified in Chapter Two, Article IX of the Collier County Code of Laws
and Ordinances, in order to establish an affirmative defense to certain alleged code
violations.
OBJECTIVE: That the Board of County Commissioners instruct staff to present a proposed
Ordinance for the Board's consideration at a future date which would amend Ordinance No.
97-35, as amended, the "Collier County Code Enforcement Citation Ordinance," as codified in
Chapter Two, Article IX of the Collier County Code of Laws and Ordinances, in order to
establish an affirmative defense to certain alleged code violations. The proposed Ordinance is
attached.
CONSIDERATIONS: Pursuant to Chapter 162, Part II, Florida Statutes, the Board of County
Commissioners enacted Ordinance No. 97-35, "The Collier County Code Enforcement Citation
Ordinance," which established a supplemental County code or ordinance enforcement
procedure. The proposed amendment is intended to provide property owners with defenses to
_ certain alleged code violations without interfering with the Citation Ordinance's purpose which
is to promote, protect and improve the health, safety and welfare of the citizens of Collier
County, and was written in keeping with the spirit of Sarasota County v. National City Bank of
Cleveland, Ohio, 902 So. 2d 233 (Fla. 2nd DCA 2005), in which the Court reasoned as follows:
"We do not expect a county to bring an enforcement proceeding against a
property owner concerning a defective staircase that the owner had properly
repaired years ago. Instead, the county might be expected to bring an
enforcement action for a defective staircase that currently was defective and had
been defective for many years. From a health and safety standpoint, local
governments normally bring enforcement proceedings to cause landowners to
correct existing conditions before they result in hann."
The proposed Ordinance would create the following affirmative defense to a code
enforcement action:
"It shall be a complete defense to any code enforcement action founded upon an alleged
failure to obtain a permit required by the Collier County Code of Laws and Ordinances, if said
permit was required to be obtained prior to April 1, 1997, and the person charged with the
infraction demonstrates by a preponderance of the evidence that the work which was alleged to
have been completed without a pennit being duly issued meets all codes and requirements in
effect at the time the permit was required."
,-...
Agenda Item No. 12A
October 24,2006
Page 2 of 5
This proposed Ordinance was vetted before the Code Enforcement Board during a recent
workshop. The Code Enforcement Board recommended this proposed affirmative defense,
while disapproving the following proposed changes presented them:
"It shall be a complete defense to an alleged first offense violation of any provision set
forth in the Collier County Code of Laws and Ordinances not involving building and safety
code issues, or any matter involving public health and safety, where the person charged with the
infraction demonstrates by a preponderance of the evidence that:
(1) the County had actual knowledge of the alleged infraction, and failed to take any
action with respect to the alleged infraction for a period of at least five years
from the date of acquiring actual knowledge, or
(2) the violation was cured within five business days from the date the notice of
violation or citation was issued."
The proposed Ordinance was drafted on the legal predicates that (1) it is problematic to
impose a strict limitations period on continuing violations; (2) the County does not appear to
have the legal ability to enact a strict limitations period on any matter covered by the Florida
Building Code; (3) any violation involving public health and safety cannot be waived; and (4) a
limitations period concerning violations of the Land Development Code would need an LDC
amendment, as the LDC has separate and distinct provisions requiring its enforcement. The
proposed Ordinance was also written in response to a number of complaints over the years that
building permit records may not be accurate prior to the date the County converted to its current
records management system.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Ordinance was drafted by the Office of the
County Attorney and approved for legal sufficiency.
STAFF RECOMMENDATION: That the Board of County Commissioners instructs staff to
present a proposed Ordinance for the Board's consideration at a future date which would
amend Ordinance No. 97-35, as amended, the "Collier County Code Enforcement Citation
Ordinance," as codified in Chapter Two, Article IX of the Collier County Code of Laws and
Ordinances, in order to establish an affirmative defense to certain alleged code violations.
PREPARED BY:
Jeffrey A. Klatzkow, Managing Assistant County Attorney
,-
Agenda Item No. 12A
October 24, 2006
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
12A
Recommendation that the Board af County Commissioners instruct staff to present a
proposed Ordinance for the Boards consideration at a future date which would amend
Ordinance No. 97 -35, as amended, the Coliier County Code Enforcement Citation
Ordmance. as codified in Chapter Two, Artlcie IX 01 the Coliler County Code of Laws and
Ordinances, in order to estabHsh an affirmative defense to certain alleged code violations.
Meeting Date:
10124120069:0000 AM
Prepared By
Jell Klatzkow
Assistant County Attomey
Date
County Attorney
County Attorney Office
10112/20061:21:38 PM
Approved By
David C. Weigel
County Attorney
Dale
County Attorney
County Attorney Office
10112/20063:07 PM
Approved By
OMS Coordinator
Administrative Assistant
Dale
County Manager's Office
Office of Management & Budget
10/12/20063:18 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10/13/2006 6:33 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/13/200610:18 AM
Agenda Item No. 12A
October 24,2006
Page 4 of 5
ORDINANCE NO. 2006-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 97-35, AS
AMENDED, KNOWN AS "THE COLLIER COUNTY CODE
ENFORCEMENT CITATION ORDINANCE," IN ORDER TO ESTABLISH
AN AFFIRMATIVE DEFENSE TO CERTAIN ALLEGED CODE
VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article VIII of the Constitution of Florida authorizes Florida counties to
exercise broad home rule powers; and
WHEREAS, Section 125.01 (1), Florida Statutes, provides that the legislative and
governing body of a County shall have the power to carry on County government and that said
power includes, but is not restricted to, a number of powers set forth in Section 125,01, so long as
any powers exercised are not inconsistent with general or special laws; and
WHEREAS, Section 125,Ol(1)(t), Florida Statutes, provides that a county may adopt
ordinances and resolutions necessary for the exercise of its powers and prescribe fines and
penalties for the violation of ordinances in accordance with law; and
WHEREAS, Sections 125.01(3)(a) and (b), Florida Statutes, recognize that the
enumeration of powers in Section 125,01(1), Florida Statutes, incorporates all implied powers
necessary or incident to carry out those powers and that Section 125,01, Florida Statutes, shall be
liberally construed in order to effectively carry out the purpose of the section and to secure for
counties the broad exercise of home rule powers authorized by the State Constitution; and
WHEREAS, pursuant to Chapter 162, Florida Statutes, 'The Local Government Code
Enforcement Boards Act," the Board of County Commissioners of Collier County (Board) duly
enacted Collier County Ordinance No, 92-80, as amended, "The Collier County Code Enforcement
Boards Ordinance;" and
WHEREAS, by the authority vested by Chapter 125, Florida Statutes, and pursuant to
Chapter 162, Part II, Florida Statutes, the Board enacted Ordinance No, 97-35, as amended, the
"Collier County Code Enforcement Citation Ordinance," codified in Chapter 2, Article IX, of the
Collier County Code of Laws and Ordinances, which established a supplemental county code or
ordinances enforcement procedure with respect to certain codes and ordinances; and
WHEREAS, the Board, recognizing that the primary mission of code enforcement is to
promote voluntary compliance with the Collier County Code of Laws and Ordinances and the
Land Development Code, desires to establish affirmative defenses to certain alleged code
violations; and
WHEREAS, establishment of the defenses specified herein shall not interfere with the
intent and purpose of Ordinance No. 97-35, which are to promote, protect and improve the health,
safety and welfare of the citizens of Collier County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Ordinance 97-35, as amended, is further amended by adding a section
entitled "Affirmative Defenses to Alleged Code Violations," to be codified as Section 2-2012
in the Collier County Code of Laws and Ordinances.
~ text is added; ~tFUe]' tftr8~gh text is deleted
Agenda Item No, 12A
October 24,2006
Page 5 of 5
Sec. 2-2012. Affirmative defenses to alleged code violations.
It shall be a complete defense to any code enforcement action founded upon an
alleged failure to obtain a permit required by the Collier County Code of Laws and
Ordinances. if said permit was required to be obtained prior to April 1. 1997. and the
person charged with the infraction demonstrates by a preponderance of the evidence that
the work which was alleged to have been completed without a permit being duly issued
meets all codes and requirements in effect at the time the permit was required.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply, If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions ofthis Ordinance shall be made a part ofthe 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 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
County, Florida this _ day of , 2006,
ATTEST
Dwight E, Brock, Clerk
BOARD OF COlJNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Managing Assistant County Attorney
{;nderlined text is added; StFHeh tkre'Hgh text is deleted
Page2of2
Agenda Item No. 128
October 24, 2006
Page 1 of 6
-
EXECUTrvESU~ARY
Recommendation that the Board of County Commissioners review and approve the FY
2006-2007 Action Plan for David C. Weigel, County Attorney.
OBJECTIVE: Recommendation that the Board of County Commissioners review and approve
the FY 2006-2007 Action Plan for David C. Weigel, County Attorney.
CONSIDERATIONS: The County Attorney reports directly to the Board of County
Commissioners. In order to assure that the County Attorney Office work performance is
coordinated with the direction of the full Board, an annual Action Plan is developed by which the
County Attorney will be evaluated throughout the fiscal year.
The County Attorney's present contract requires that this Action Plan be developed in good faith
between the Board of County Commissioners and Employee each fiscal year during the term of
the Agreement.
FISCAL IMPACT: There is no fiscal impact associated with approval of this Action Plan.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
- with this item.
RECOMMENDA TION: The Board of County Commissioners review and approve the FY
2006-2007 Action Plan for David C. Weigel, County Attorney.
Submitted by: David C. Weigel, County Attorney
04-COA-OIOI6/507
-
Agenda l1em No. 12B
October 24, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
12B
Meeting Date:
Recommendation Ihallhe Board of County Commissioners review and approve 1he FY 2006.
2007 Action Plan for David C Weigel, County Allomey.
10/24/2006 9:00:00 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
10/16/20064:13 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10/17/200610:19 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/17/200610:31 AM
Agenda Item No. 128
October 24,2006
Page 3 of 6
FY 2006 / 2007 Action Plan
David C. Weigel, County Attorney
The County Attorney is charged with the responsibility of planning, directing and
reviewing the activities and operations of the Office of the County Attorney. He is to act
as legal advisor and counsel for the Board of County Commissioners, advisory boards
and committees, County Manager and his agencies.
The County Attorney through the assistant county attorneys and supporting staff
represent the County in wide-ranging complex litigation relating to implementation of
government policies and capital projects, eminent domain, personal injury, property
damage, workplace / personnel matters, finance and land use. The County Attorney is
responsible for policy documents (resolutions), legislation (ordinances and special acts),
and the drafting or legal review and/or revision of all contracts, real property
conveyance documents and other Board signatory documents.
The following Action Plan was developed to illustrate and review Board expectations for
the County Attorney for the period from October 2006 through September 2007. The
Action Plan is based on the broad areas generally expected to be performed by the
Managing Partner of a significant law firm, including: legal advice; leadership /
organizational direction; communications, public response and outreach; fiscal
management; and personnel management.
At the conclusion of the fiscal year, the Board of County Commissioners is to perform
an annual evaluation of the County Attorney's performance by rating each of the
following performance objectives on a 1 to 3 scale. The simplified evaluation rating
scale is as follows: [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds
Standards]. Individual evaluations will be totaled and averaged to determine the
Board's collective evaluation position.
Thank you for your time and consideration in this regard.
Page 1 of 4
Agenda Item No. 12B
October 24.2006
Page 4 of 6
LEGAL ADVICE Rating
I
L.1 The County Attorney will be expected to provide timely, accurate, and effective legal
advice to the Board of County Commissioners, County Manager, his agencies and employees
through clear and concise communications (both written and oral). The advice will be expected
to demonstrate that the issues have been thoroughly analyzed and responses will be expected
to provide solution-oriented ideas.
L.2 The County Attorney will be expected to assist the Board and County Manager with
advice, review and writing of legislative initiatives and bills, as well as, participating and
interacting with local legislators I legislative delegation, It will also be expected that the
County Attorney will assist the Board in Florida Association of Counties (FAC) matters, attend
FAC meetings and actively interact with FAC officials, including developing Tallahassee and
around-the-state contacts, and working well with counsel to FAC.
LA The County Attorney will be expected to advise the Board or its members to make
Attorney General Opinion requests, or Commission on Ethics opinion requests, and inform the
Board of pertinent opinions and case law. The County Attorney will be expected to provide
effective, clear, and concise opinions (both written and oral) relating to Chapter 112, Part III,
Florida Statutes and the Collier County Ethics Ordinance. The advice will be expected to
demonstrate that the issues have been thoroughly analyzed and responses shall provide
solution-oriented ideas,
COMMUNICATION, PUBLIC RESPONSE & OUTREACH Rating
C.1 (Internal) The County Attorney will be expected to educate and update county staff,
through interim workshops I seminars, to reduce creation of legal issues and lawsuits in the
workplace and from work as performed, It will be expected that the County Attorney will
communicate with the Board of County Commissioners, County Manager, Division
Administrators, and Department Directors and provide proactive advice and recommendations
in methods or legislative changes (e.g. changes that would reduce legal fees in land takings
and other costs in procurement processes, etc.).
C.2 (Internal) The County Attorney will be expected to regularly communicate with and
maintain effective working relationships with the County Manager, his Division Administrators
and Department Directors, and the Constitutional Officers.
Page 2 of 4
Agenda Item No. 12B
October 24, 2006
Page 5 of 6
C,3 (External) The County Attorney will be expected to provide effective, helpful, clear, and
concise information (both written and oral) to the public through public speaking engagements,
seminars, print and electronic media,
C.4 The County Attorney will be expected to have systems and procedures in place to assure
that the general public is responded to in a timely and accurate manner. All communications to
the public shall be effective, tactful, courteous and responsive,
FISCAL MANAGEMENT Rating
F,1 The County Attorney will develop and effectively administer an annual budget for the
Office of the County Attorney. It will be expected that the budget will present a realistic and
cost effective approach that will be presented to the Board of County Commissioners for review
and approval through the budget process developed by the County Manager and administered
effectively and throughout the year,
F.2 The County Attorney will provide to the Board an annual pay plan as part of the budget
that will provide an organized means for salary administration.
LEADERSHIP I PERSONNEL MANAGEMENT Rating
I
P.1 The County Attorney will be expected to ensure that the goals of the Board of County
Commissioners and County Manager are effectively understood and proper assistance is
provided by the County Attorney Office in pursuit of said goals, The County Attorney shall
guide and direct staff to maximize legal resources with client needs,
P,2 The County Attorney will be expected to assure that qualified applicants are recruited and
selected to provide the Board with superior legal advice and representation, This shall be
accomplished through an awareness of organizational needs and desires and of knowledge of
market conditions relatinq to compensation and benefit packages,
Page 3 of 4
Agenda Item No, 128
October 24,2006
Page 6 of 6
P,3, County Attorney shall provide legal counsel and professional advice to the Board of
County Commissioners relative to local laws and ordinances, county policies and operations.
Goals for Fiscal Year 2007:
Specific goals that I propose as part of next year's action plan would include:
1. Presentations at meetinqs, Further apply techniques that will continue to assure that
presentations at Board of County Commissioners meetings, advisory board meetings, and
workshops are clear, concise and effective. Presenters will be charged with making
presentations by avoiding legalese and focusing on simplicity, understandability and brevity.
Below Meets Exceeds
Standards Standards Standards
1 2 3
I Ratinq
2. Tools In the BCC Toolbox, Continue to provide the Board of County Commissioners with tools to
achieve strategic goals and assist the Board in well stated defensible decisions I motions, e.g.:
a. Criteria, Provide the Board, where applicable, additional criteria in the area of land use
and other areas that assists the Board in well stated defensible decisions I motions.
Below Meets Exceeds
Standards Standards Standards
1 2 3
I Rating
b. Home Rule. Advise the Board of County Commissioners on state and local legislative
measures that may affect Home Rule and inform the Board of Home Rule options
pertinent to Board projects and decisions.
Below Meets Exceeds
Standards Standards Standards
1 2 3
I Rating
c. Reconsideration Ordinance. Review and make recommendations relating to the
reconsideration ordinance.
Below Meets Exceeds
Standards Standards Standards
1 2 3
I Ratinq
d, Other. (Including provide advice, counsel to the Board on new or potential issues,)
Below Meets Exceeds
Standards Standards Standards
1 2 3
I Rating
04-COA-OIOI6/504
Page 4 of 4
-
Agenda Item No. 16A1
October 24 I 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Ave Maria Unit 7, Liberty
Park", 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 7, Liberty Park", a subdivision of lands
located in Section 33, 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 7, Liberty Park". 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 7, Liberty
Park" be approved for recording.
FISCAL IMPACT:
The project cost is $1,632,339.35 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $811,602.00
- $820,737.35
The Security amount, equal to 110% of the
project cost, is $1,795,573.29
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: $25,842.12 (does not include Ave Maria Utilities)
Agenda Item No. 16A 1
October 24, 2006
Fees are based on a construction estimate of $820,737.35 (does not inch.~~ef 4
Maria Utilities) and were paid in January, 2006.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,220.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ n/a
c) Drainage,
Paving, Grading (.75% const. est.) - $ 6,155.53
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ n/a
e) Drainage, Paving,
Grading(2.25%const.est.) - $18,466.59
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Ave Maria Unit 7, Liberty
Park" for recording with the following stipulations:
1. Approve the amount of $1 ,795,573.29 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A1
October 24,2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A1
Recommenda1ion to approve for recording the final plat of Ave Mana Unit 7, Liberty Park,
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
10/24120069:0000 AM
Senior Engineer
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Engineering Services
10121200612:33:50 PM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
1012120062:29 PM
Engineering Review Manager
Date
Approved By
Stan Chrzanowski
Community Development &
Environmental Services
Engineering Services
10/31200610:45 AM
App roved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
1014120069:25 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
101912006 11 :08 AM
Mark Isackson
Budget Analyst
Date
-
Approved By
County Manager's Office
Office of Management & Budget
10lS12006 3:51 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1011112006 11 :16 AM
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Agenda Item No. 16A2
October 24,2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Grey Oaks Unit Sixteen". The
roadway and drainage improvements will be privately maintained
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Grey Oaks Unit Sixteen".
CONSIDERATIONS:
1. On March 27, 2001, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Grey Oaks Unit Sixteen".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association.
,-
3. The required improvements have been constructed in accordance with the
Land Development Code. The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
-
The County Attorney's Office has reviewed and approved the Resolution.
Agenda Item No. 16A2
October 24,2006
Page 2 of 5
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Grey Oaks Unit Sixteen" and release the
maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2, Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
Item Number:
Item Summary:
Meellng Date:
Agenda Item No. 16A2
October 24, 2006
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1M2
RecommendaliOn to grant final approval of the roadway (private) and drainage improvements
far the final plat of Grey Oaks Unit Sixteen The roadway and drainage Improvements will be
privately maintained
10/24/2006 g:OO:OO AM
Senior Engineer
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Engineering Services
9/281200611:38:20 AM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10/2/2006 1 :59 PM
Stan Chrzanowski
Engineering Review Manager
Date
Approved By
Community Deve-lopment &
Environmental Services
Engineering SetVices
10/31200610:46 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/4/20069:24 AM
Administrative Assistant
Date
App roved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
10/9/2006 11 :01 AM
Mark Isackson
Budget Analyst
Date
,.--
Approved By
County Manager's Office
Office of Management & Budget
10/9/20063:44 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10111/2006 10:38 AM
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RESOLUTION NO. 06-_
Agenda Item No. 16A2
October 24,2006
Page 5 of 5
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN GREY OAKS
UNIT SIXTEEN, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 33,
PAGES 81 THROUGH 82; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
GREY OAKS PROPERTY OWNERS
ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
December 14,1999 approved the plat of Grey Oaks Unit Sixteen for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Grey Oaks Unit Sixteen,
pursuant to the plat thereof recorded in Plat Book 33, pages 81 through 82, and the Clerk
is hereby authorized to release the maintenance security,
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Grey Oaks Property Owners
Association,
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of ,2006,
DATE:
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRANK HALAS, CHAIRMAN
Approved as to form and legal
suffi' cy:
.
.,.,..-.,
Agenda Item No. 16A3
October 24, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Mediterra Phase Three East
Unit One Replat of Lot 11, Block 'Alii
OBJECTIVE:
To approve for recording the final plat of" Mediterra Phase Three East Unit One Rep/at of Lot
11, Block 'A"', a subdivision of lands located in Section 12, Township 48 South, Range 25 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 " Mediterra Phase Three East Unit One Replat of Lot 11, Block
'A"'. These documents are in compliance with the County Land Development Code and Florida
State Statute No. 177. All fees have been paid. There are no required subdivision
improvements associated with this plat.
"~~
Engineering Services Department recommends that the final plat of "Mediterra Phase Three
East Unit One Replat of Lot 11, Block 'A'" be approved for recording.
FISCAL IMPACT:
The County will realize revenues as follows:
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $1005.00
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.
-
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Agenda Item No. 16A3
October 24, 2006
Page 2 of 4
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Mediterra Phase Three
East Unit One Replat of Lot 11, Block 'A'" for recording.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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Item Number:
Item Summary:
Meeting Dale:
Agenda Item No. 16A3
October 24, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A3
Recommendation to approve for recording the final plat of Medrterra Phase Three East Unit
One Reolat of Lot 11 Block A
'0124/2006 9.0000 AM
Senior Engineer
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Engineering Services
91281200610:56:54 AM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
1012120061:58 PM
Stan Chrzanowski
Engineering Review Manager
Date
Approved By
Communtty Development &
Environmental Services
Engineering Services
10/31200610:48 AM
Date
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
En\lironmental Services Admrnstrator
Community Development &
Environmental Services Admin.
101412005924 AM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Managemenl & Budget
10191200611:07 AM
Mark Isackson
Budgot Analyst
Date
Approved By
County Managers Office
Office of Managemenl & Budget
10/912005 3:40 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10112120068:46 AM
Agenda Item No. 16A4
October 24, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Delasol Phase Two". The
roadway and drainage improvements will be privately maintained.
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Delasol Phase Two"
CONSIDERATIONS:
1. On June 14, 2004, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Delasol Phase Two".
2. The roadway and drainage improvements will be maintained by the
project's homeowners association.
-
3. The required improvements have been constructed in accordance with the
Land Development Code, The Engineering Services Department has
inspected the improvements and is recommending final acceptance of the
improvements.
4. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
5. This Executive Summary has been reviewed and approved by the
Transportation Services Division.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution.
-
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Agenda Item No. 16A4
October 24, 2006
Page 2 of 4
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Delasol Phase Two" and release the
maintenance security.
1, Authorize the Chairman to execute the attached resolution authorizing final
acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review
Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A4
October 24, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
161'.4
Recommendatton to grant final approval of the roadway (private) and drainage Improvements
for the final plat of DeLaSol Phase Two The roadway and drainage improvements wil! be
privately maintarned
10/24/200690000 AM
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
10/3/20069:57:04 AM
Date
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
coes Engineering Services Director
COES Engineering Services
10/4/2006 9:16 AM
Approved By
Date
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
1019/2006 2:55 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
1019/2006 8:23 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
10110/200610:16 AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Manageme-nt & Budget
10110/200611:13 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10111/20069:20 AM
Agenda Item No, 16A4
October 24,2006
Page 4 of 4
RESOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN DELASOL
PHASE TWO, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 41,
PAGES 51 THROUGH 55 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
RELEASE OF THE MAINTENANCE SECURITY;
AND ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
DELASOL HOMEOWNERS' ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
July 20,2003 approved the plat ofDelasol Phase Two for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Section of the Development Services
Department has inspected the roadway and drainage improvements, and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Delasol Phase Two, pursuant to
the plat thereof recorded in Plat Book 41, pages 51 through 55 ofthc Public Records of
Collier County, Florida, and the Clerk is hereby authorized to release the maintenance
security,
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Delasol Homeowners
Association,
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of , 2006,
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
FRANK HALAS, CHAIRMAN
Approved as to form and legal
suffi 'encv:,
"s
Agenda Item No. 16A5
October 24,2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the water utility facility for
Vanderbilt Beach Resort.
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept final and unconditional conveyance of
the water facilities.
CONSIDERATIONS:
1) The Developer of Vanderbilt Beach Resort has constructed the water facility within
dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance of this water utility facility was approved by the Community
Development and Environmental Services staff on May 11, 2005. At that time, the
value of this utility facility (assets) was $16,030.89 (see attachment[s]). Final
Acceptance is in accordance with Ordinance 2004-31, as amended.
3) Staff has recorded all preliminary acceptance documents in the public records of
Collier County, which have been reviewed and approved by the County Attorney's
office as to form and legal sufficiency.
4) The water facility has been operated and maintained by the Collier County Water-
Sewer District during, not less than, the required one (1) year warranty period.
5) A final inspection to discover defects in materials and workmanship has been
conducted by the Community Development and Environmental Services Division staff
and this facility has been found to be satisfactory and acceptable.
6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of
$5,426.86, will be released to the Project Engineer or the Developer's designated
agent upon the Board's approval of this Executive Summary.
7) The water utility infrastructure connected beyond the master meter is owned and
maintained by the owner.
FISCAL IMPACT: Approval of this Executive Summary will have no specific financial
impact. However, approval of this Executive Summary will result in the Collier County
Water-Sewer District receiving unconditional title to the utility facility, which at the time of
preliminary acceptance, had a total (undepreciated) value of $16,030.89.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
,"~
Agenda Item No. 16A5
October 24,2006
Page 2 of 5
LEGAL CONSIDERATIONS: No additional legal review from the County Attorney
was required to complete this final acceptance.
STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District accept the water utility facility
for Vanderbilt Beach Resort, and authorize the County Manager or his designee to
release the UPS to the Project Engineer or the Developer's designated agent.
PREPARED BY: Jennifer Florin, Administrative Assistant
Item Number:
Item Summary:
Meellng Date:
Agenda Item No. 16A5
October 24, 2006
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16AS
Recommendation to approve final acceptance of the water utility facility for Vanderbllt Beach
Resort.
10/24/200690000 AM
Administrative Assistant
Date
Prepared By
Jodi Pannullo
Community Development &
Environmental Services
coes Engineering Services
10/212006 8:38:49 AM
Constance A. Johnson
Date
Approved By
Community Development &
En\'ironmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
1012120062:32 PM
Water Operations Manager
Date
Approved By
Pamela Libby
Public Utilities
Water
10/3/2006 9:05 AM
CDES Engineering Senfices Director
Date
App roved By
Thomas E. Kuck, P.E,
Community Development 8.
Environmental Services
CDES Engineering Services
1014/20069,17 AM
Paul Mattausch
Water Director
Date.
Approved By
Public Utilities
Water
10/412006 4:30 PM
Public Utilities Engineering Director
Date
Approved By
-,
Roy 8. Anderson, P.E,
Public Utilities Engineering
1016/20065:12 PM
Public Utilities
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/9/2006 8:24 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
10/10/200610:16 AM
Approved By
Mark Isackson
County Manage~s Office
Budget Analyst
Date
Office of Management & Budget
10/10/200& 11 :24 AM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
10/11/20069:23 AM
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CERTIFICATI.F COST CONTRIBUTORY ASSETS - ~
Agenda Item No. 16A5
October 24, 2006
Page 5 of 5
PROJECT NAME:
Vanderbilt Beach Resort
LOCATION: Section 32 Township 49 S Range 25 E
Collier County, Florida
ORIGINAL
NAME & ADDRESS OF OWNER: Vanderbilt Beach Motel, Inc.
9225 Gulf Shore Drive
Naples, FL 34108
TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY)
QUANTITIES SIZES DESCRIPTION UNIT PRICE TOTAL COST
1 Ea. 16" x 6" Tapping Sleeve & Valve 1,250.00 1,250.00
1 Ea. 16" x8" Tapping Sleeve & Valve 1,512.01 1,512.01
1 Ea. 8" x 6" Reducer 126.00 126.00
1 Ea. 6"x6" Tee 120.00 120.00
2 Ea. 6" Gate Valve 414.00 828.00
1 Ea. 6" x4" Tee 115.00 115.00
2 Ea. 6" 900 Bend 1 05.60 211.20
1 Ea. 4" x3" Reducer 126.00 126.00
1 Ea. 3" Backflow Preventer Assembly 11.120.29 11,120.29
2 LF 4" C-900 DR 14 1.90 3.80
45 LF 6" C-900 DR 14 4.27 192.15
8 LF 8" C-900 DR 14 6.43 51.44
""..-..."., 1 Ea. 4" Gate Valve 375.00 375.00
TOTAL COST 16,030.89
I do hereby certify that the quantities of materials described above are 8 true and accurate representation of
of the system being contributed to Collier County.
CERTIFYING:
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 14th day of April, 2005 by
Kevin Jensen, who is personally known to me and who did not take an oath.
SE~.~f~ Nancy Evanel<
~f~.~'1:~:~ MY COMMISSIO~ # 00203576 EXPIRES
. JIJv...?" ApnI1S, 2007
;', ~.~, . .,.c~""~.~r: Tl.~OJ.I TI:?OY FAIN INSURANCE, INC.
RECEIVED
. MAR 1 8 2005
I
-,
Agenda Item No. 16A6
October 24, 2006
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the water and sewer utility
facilities for DelaSol, Phase 3.
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 DelaSol, Phase 3, 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 January 27, 2005. At that time,
the value of these utility facilities (assets) was $34,632.00 for the water facilities and
$42,071.00 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 the' utility facilities, which at the time
of preliminary acceptance, had a total (undepreciated) value of $76,703.00
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.
--
Agenda Item No, 16A6
October 24,2006
Page 2 of 8
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 DeLaSol, Phase 3, and authorize the County
Manager or his designee to release the Utilities Performance Security (UPS) to the
Project Engineer or the Developer's designated agent.
PREPARED BY: Jodi Pannullo, Engineering Technician
Item Number:
Item Summary:
Meeting Date:
Agenda lIem No. 16A6
October 24, 2006
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A6
Recommendation to approve final acceptance of the water and sewer utility facilities for
DeLaSol, Phase 3
10/24/2006 900:00 AM
Administrative Assistant
Date
Prepared By
Jodi Pannullo
Community Development &
Environmental Services
COES Engineering Services
10/21200611 :38:30 AM
Approved By
Oat.
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10/2/20062:31 PM
Pamel. Libby
Water Operations Manager
Date
Approved By
Public Utilities
Water
10/3/20069:07 AM
Approved By
Stephen L. Nagy
Public Utilities
Wastewater Collections Manager
Date
WasteWater
10/3120062:20 PM
COES Engineering Services Director
Date
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
COES Engineering Services
10/4/2006 9:20 AM
Water Director
Date
Approved By
--
Paul Mattausch
Public Utilities
Water
1014/20064:34 PM
Public Utilities Engineering Director
Date
Approved By
Roy 8. Anderson, P.E.
Public UtUities
Public Utilities. Engineering
10/6/2006 5:15 PM
DatE!
Approved By
Joseph K. Schmitt
Community Development &
Enyironmental Services
Community Development &
Environmental Services Adminstrator
Comm unity Development &
Environmental Services Admin.
10/912006 8:26 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
10/10/200610:17 AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/10/2006 11 :32 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/11120064:24 PM
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Agenda Item No. 16A6
October 24, 2006
Page 5 of 8
CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY
PROJECT NAME: DELASOL PHASE III
Op'~
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LOCATION: SECTION 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
NAME & ADDRESS OF OWNER: CENTEX HOMES
5801 PELICAN BAY BLVD, SUITE 600
NAPLES, FL 34108
.
.
Agenda Item No. 16A6
October 24,2006
Page 6 of 8
I do hereby certify that the quantities of materials described above are a true and accurate
representation of the system,
~-
BRENDA K, MERCHANT
AUTHORIZED AGENT
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 1 st day of November,
2004 y B~enda K. Merchant who is personally known to me and who did not take an oath.
SEAL:
""""" Linda Mahon
~~~~<:,-: Com!1'ission NOD 177119
~;:. ~.:.~ ExpIres: Feb 21, 2007
--,~~. ...il.: Bonded Thru
-'",r,,"":'-'" Atlantic Bonding Co., Inc.
.
.
Agenda Item No. 16A6
October 24, 2006
Page 7 of 8
CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY
PROJECT NAME: DELASOL PHASE III
LOCATION: SECTION 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
o.,~~
I' "'Il _
NAME & ADDRESS OF OWNER: CENTEX HOMES
5801 PELICAN BAY BLVD, SUITE 600
NAPLES, FL 34108
'""1
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TYPE OF UTILITY SYSTEM: SANITARY SEWER I FORCE MAIN (MATERIALS ONLY)
I ITEM SIZE QUAN. UNIT COST TOTAL I
SRD-26 SEWER 0-6' CUT 8" 1268 LF $3,00 $3,804.00
SRD-26 SEWER 6-8' CUT 8" 644 LF $3,00 $1,932.00
SRD-26 SEWER 8-10' CUT 8" 172 LF $3.00 $516,00
SRD-26 SEWER 10-12' CUT 8" 73 LF $3,00 $219.00
MANHOLE 0-6' 4' 8 EA $1,700,00 $13,600,00
MANHOLE 6-8' 4' 3 EA $2,200.00 $6,600.00
MANHOLE 8-10' 4' 1 EA $2,500,00 $2,500,00
MANHOLE 10-12' 4' 1 EA $3,500.00 $3,500,00
SINGLE SEWER SERVICE 6" 6 EA $300.00 $1,800,00
DOUBLE SEWER SERVICE 6" 19 EA $400.00 $7,600,00
$0,00 $0,00
TOTAL COST $42,071.00
~
,
.
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Agenda Item No. 16A6
October 24, 2006
Page 8 of 8
I do hereby certify that the quantities of materials described above are a true and accurate
representation of the system,
CERTIFYING:
~
BRENDA K. MERCHANT
AUTHORIZED AGENT
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 1 st day of November,
2004 y Brenda K. Merchant who is personally known to me and who did not take an oath.
,
-----
SEAL:
""""1, Linda Mahon
...' ~Y"Lti'...
/~~~-:;. Commission #DDI77119
~~. ~.;E Expires: Feb 21, 2007
"'~~OFf\.<t;,~,,:- ~nded.Thru
"'"11" AtlanUc BondlllgCO., Inc
Agenda Item No. 16A7
October 24,2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Ave Maria Unit 8, Emerson
Park", 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 8, Emerson Park", a subdivision of
lands located in Section 4, Township 48 South, Range 29 East, Collier County, Florida, following
the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERA TIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Ave Maria Unit 8, Emerson Park". 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 8, Emerson
Park" be approved for recording.
FISCAL IMPACT:
The project cost is $2,184,899.70 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $1,066,638,90
- $1,118,260.80
The Security amount, equal to 110% of the
project cost, is $2,403,389.67
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: $34,952.83
Agenda Item No. 16A7
October 24, 2006
Fees are based on a construction estimate of $1, 118,260.80 (does not intl~G
Maria Utilities) and were paid in January, 2006.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,405.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ n/a
c) Drainage,
Paving, Grading (.75% const. est.) - $ 8,386.96
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ n/a
e) Drainage, Paving,
Grading(2.25%const.est.) - $25,160.87
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 Unit 8,
Emerson Park" for recording with the following stipulations:
1. Approve the amount of $2,403,389.67 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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Item Number:
Item Summary:
Meellng Date:
Agenda Item Noo 16A7
October 24, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A7
Recommendation to approve for recording the fInal pial of Ave Maria Unit 6, Emerson Park,
approval of the standard form Construction and Maintenance Agreement and approvai of the
amount of the performam:e security
10/24/2006 900:00 AM
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
10/3120068:42:46 AM
Date
Approved By
Stan Chrzanowski
Community Development &
Environmental Services
Engineering Review Manager
Engineering Services
10/3/2006 8:50 AM
Date
Approved By
Constance A, Johnson
Community Development &
Elwironmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
1019/20063:09 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental ServJces
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin,
10/9/20066:26 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
10/10/200610:17 AM
Date
Approved By
MarJ<. Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
10110/200511:42AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
101111200611:32 AM
Agenda Item No. 16A8
October 24, 2006
Page 1 of 13
,,-
EXECUTIVE SUMMARY
Recommendation to approve an Interim Management Plan for the Milano property under
the Conservation Collier Land Acquisition Program
OBJECTIVE: Request approval of the attached Interim Management Plan for the Milano
property and direction to the County Manager, or his designee, for its implementation.
CONSIDERATIONS: The Conservation Collier Ordinance, 2002-63, section 14(1), requires
that, no later than sixty (60) days from the date of acquisition, an Interim Management Plan shall
be submitted by County staff to the Conservation Collier Land Acquisition Advisory Committee
(CCLAAC) for approval. Upon approval, the Plan shall be submitted to the Board of County
Commissioners for final approval and shall be implemented according to the Board's direction.
Subsequent to the Interim Management Plan, a fmal plan is to be presented to the Board within
two (2) years.
-
On October 9, 2006, staff submitted an Interim Management Plan for the Milano property to the
CCLAAC which had previously been approved by the Lands Evaluation and Management
Subcommittee. The CCLAAC unanimously recommended approval.
FISCAL IMP ACT: The costs of land management activities for the first year have been
estimated to be $67,000-$84,000. The second year management goals are estimated to cost
$3,600-$8, I 00, for a total range of $70,600-$92,100. Funds are budgeted within the
Conservation Collier Land Management Fund to accomplish these activities. Staff will seek
grant funding to assist in reducing these costs.
GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to
support appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3
in the Recreation and Open Space Element of the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63), in Section 14,
provides a legal framework for development of management plans and for use of
environmentally sensitive lands. Recommendation of the Interim Management Plan for the
Milano parcel by the Conservation Collier Land Acquisition Advisory Committee for Board
approval falls within this legal framework.
RECOMMENDATION: That the Board of County Commissioners approve the attached
Interim Management Plan and direct the County Manager, or his designee, to implement it for
the Milano parcel.
PREPARED BY: Christal Segura, Environmental Specialist, Conservation Collier Program, Environmental
Services Department
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item Noo 16A8
October 24, 2006
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A8
Recommendation to approve an !nlerim Management Plan tor the Milano property under the
Conservation Collier Land Acquisition Program.
10/24/2006 9:00:00 AM
Environmental Services Director
Date
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services
1019/20063:00 PM
Approved By
Environmental Specialist
Date
Christal Segura
Community Development &
Environmental Services
Environmental Services
1019/20063:05 PM
Approved By
Date
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
1019/2006 4:07 PM
App roved By
Senior Environmental Specialist
Date
Alexandra J. Sulecki
Community Development &
Environmental Services
Approved By
Environmental Services
10/9/20064:16 PM
Joseph K. Schmitt
Community Development &
Environmental ServIces
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/10/200611:16 AM
Approved By
Administrative Assistant
Date
OMS Coordinator
County Manager's Office
Office of Management & Budget
10/11120062:45 PM
Budget Analyst
Date
Approved By
Mark Isackson
County Manager's Office
Office of Management & Budget
10111/20063:03 PM
County Manager
Date
App roved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
10/12/200610:49 AM
Agenda Item No. 16A8
October 24,2006
Page 3 of 13
Conservation Collier Milano Property
Interim Management Plan
DRAFT
Prepared By:
Collier County Environmental Services Department
2800 North Horseshoe Drive
Naples, FL 34104
October 2006
September 2006
Agenda Item No. 16A8
October 24,2006
Conservation Collier Milano Page 4 of 13
Interim Management Plan
Table of Contents
1.0 Purpose and Scope ofthe Interim Management Plan.............................. 3
2.0 Management Authority and Responsibilities...................................... 3
3.0 Interim Site Plan ...................................................................... 3
3.1 Location and Site Description.. . .. .. .... . .. ... .. .. . ... .. .. . .. .. ... . .. .... .. 3
3.2 Signage.... .... ..... ..... ..... ...... ... ... .... ...... ...... .,. ....... ... ...... ... 4
3.3 Easements, Concessions or Leases.......................................... 4
3.4 Structures. .. . . . .. .. . .. . . .. .. . .. . .. . . . . .. . .. . .. . .. .. . . .. . .. . . .. .. . .. . .. ..... . .. . . 4
3.5 Surrounding and Adjacent Land Uses....... ...... ..... ........ .............. 4
4.0 Interim Management Objectives........ ..................... ..... .................. 4
4.1 Natural Resource Protection..... ........ ................ .................... 4
4.2 Site Security.............. .................. .................................... 5
4.3 Exotic Vegetation Removal and Maintenance Plan................. ... .... 6
4.4 Debris RemovaL.... ......... ..... ...... .... ...... ...... ..... .... ...... ..... ... 6
4.5 Cultural, Historical and Archaeological Resource Protection............ 6
4.6 Listed Species Protection................................................ ...... 6
4.7 Public Access................................................ ...... .... .......... 6
4.8 Site Monitoring and Long Term Management Plan.................... .... 7
4.9 Partnerships...................................................................... 7
5.0 Exhibits.... ....... ..... ....... ............ .............. ....... .... ..... ..... ...... ....... 8
EXHIBIT 1: Location Map
EXHIBIT 2: Aerial Map
EXHIBIT 3: Estimated Cost Table
EXHIBIT 4: Implementation Timeline
2
September 2006
Agenda Item No. 16A8
October 24, 2006
Conservation Collier Milano Page 5 of 13
Interim Management Plan
1.0 Purpose and Scope of the Interim Management Plan
The Milano property was purchased by Collier County in July 2006 with funds from the
Conservation Collier program. The property will be managed for conservation, protection,
enhancement of natural resources and for public outdoor recreation that will be compatible with
the conservation, protection and enhancement of the site and the surrounding lands.
This Interim Management Plan is intended to identify the key management priorities and issues
within the site and give direction for management for the next two years. This document is
meant to be the precursor to a Final Management Plan, which will outline more specific aspects
of site management.
Kev Interim Management Objectives
1. Protect, manage and restore ( as appropriate) the native habitat on site
2. Determine what actions will be necessary to open the site for public access
3. Explore opportunities for grant funding and partnerships
4. Meet with community members who have an interest in this property and obtain feedback
for Final Management Plan
Action Plan
I a. Install temporary Conservation Land signs along property boundaries.
1 b. Remove and manage invasive exotic vegetation and assess the need for native vegetation
restoration.
2. After initial exotic vegetation removal and/or restoration is complete, determine and begin
the appropriate actions necessary for developing public access.
3. Explore possible exotic vegetation removal grants from U.S. Fish and Wildlife Service
(USFWS) and FL Department of Environmental Protection (FLDEP).
4a. Notify surrounding property owners, including adjacent public schools, of the purchase
and meet with interested community members to receive input on management plan.
4b.Coordinate with local community groups to assist in trail development.
2.0 Management Authority and Responsibilities
The Collier County Environmental Services Department will be solely responsible for managing
the Milano property, but will seek to obtain grants and utilize partnerships and volunteers for
management activities.
3.0 Interim Site Plan
3.1 Location and Site Description
The Milano property is located north of Immokalee Road, east of Preserve Lane and west
of Preserve Circle (a private road through the Fairway Preserve Apartments). It is located
in Township 48, Range 26 and Section 21, in Collier County, Florida. The total acreage is
19.46 acres. The majority of the property is composed of cypress and wetland mixed
forest; some sections are comprised of pine flatwoods.
3
September 2006
Agenda Item No. 16A8
October 24, 2006
Conservation Collier Milano Page 6 of 13
Interim Management Plan
3.2 Signage
Temporary signs identifying the property as Collier County Conservation Land will be
posted at the southern boundary of the site facing Immokalee Road and possibly along
the east and west boundaries. Temporary no trespassing / no dumping signs may also be
posted along east and west site boundaries.
3.3 Easements, Concessions or Leases
No easements, concessions or leases are on the parcels or proposed for the future, unless
they further conservation objectives, such as a conservation easement.
3.4 Structures
There is no well or other type of structure on the property.
3.5 Surrounding and Adjacent Land Uses
The Milano property is located north of the Cocohatchee canal and Immokalee Road.
Gulf Coast High School and Laurel Oaks Elementary are located south of Immokalee
Road. It is south and east of the Olde Cypress Planned Unit Development (PUD)
conservation area and preserve, and west of the Fairway Preserve Apartments. It is also
east of a commercially developed portion of the Olde Cypress Planned Unit
Development.
4.0 Interim Management Objectives
4.1 Natural Resource Protection
Existing Vegetation:
Ground Cover: North - alligator flag (Thalia geniculata), swamp fern (Blechnum
serrulatum), false nettle (Boehmeria cylindrica). South - sawgrass (Cladium
jamaicense), swamp fern (Blechnum serrulatum), and wiregrass (Aristida stricta)
Midstorv: North - swamp dogwood (Cornus foemina), wax myrtle (Myrica cerifera),
buttonbush (Cephalanthus occidentalis). South - saw palmetto (Serenoa repens), wax
myrtle (Myrica cerifera), cabbage palm (Sabal palmetto), and buckthorn (Bumelia spp.),
Brazilian pepper ( Shinus terebinthifolius)
Canopy: North - cypress (Taxodium distichum), pop ash (Fraxinus caroliniana),
strangler fig (Ficus aurea), red maple (Acer rubrum), melalueca (Melaleuca
quinquenervia). South - slash pine (Pinus elliotti), cypress (Taxodium distichum),
earleaf acacia (Acacia auriculiformis), melalueca (Melaleuca quinquenervia), and
Australian pine (Casuarina spp.)
Unique Natural Features:
The majority of the site contains mixed pine and cypress wetlands, and a very high
quality wetland exists on the northern portion of the site. This wetland is also adjacent to
a slough system that is under preservation on the development to the north.
4
September 2006
Agenda Item No. 16A8
October 24, 2006
Conservation Collier Milano Page 7 of 13
Interim Management Plan
Listed Plant Species
Listed plant species found on site include stiff-leaved wild pine (Tillandsia fasciculata),
hoary air plant (Tillandsia pruinosa), and reflexed wild pine (Tillandsia balbisiana).
Possible Wildlife Listed Species:
No listed wildlife has been observed on site. However, according to a 2004 Preliminary
Wetlands and Wildlife Assessment prepared by Johnson Engineering, the property is
within the Corkscrew Swamp Sanctuary Wood Stork Core Foraging Area (18.6 miles), a
documented wood stork rookery. Also, according to the report, research of
SFWMD Permit 11-01232-S indicated that "The Woodlands" (the adjacent Olde
Cypress preserve property) at one time supported a viable population of Big Cypress
fox squirrels (Sciurus niger avicennia) and provided some nesting and foraging habitat
for listed wading birds. An approximate home range size for a Big Cypress fox squirrel
is 25 acres (Closing the Gaps, FFWCC, 1994).
Exotic Vegetation Removal and Control:
Exotic invasive plants present include melaleuca (Melaleuca quinquinerva), Brazilian
pepper (Schinus terebinthifolius), Australian pine (Casuarina spp.), and earleaf acacia
(Acacia auriculiformis).
The initial cost of exotic removal would be relatively significant. Based on cost
estimates provided by a contractor who routinely contracts with the County Parks and
Recreation Department for exotic removal, costs for the level of infestation observed
(25%-50%) to treat exotics with herbicide in place or to cut and stack the debris onsite
would cost approximately $1,750 to $2,500 per acre. To cut and treat the stumps and
remove the debris to a waste facility could cost $2,500 to $3,750 per acre, or more.
Based on the acreage involved (14 acres of infested land), total initial removal costs are
estimated to be from $35,000 - $52,500 for the entire parcel, but could be more due to the
size of some of Australian Pines and Melaleuca. Costs for follow-up maintenance, done
anywhere from quarterly to annually have been estimated at between $200 and $450 per
acre, per year for a total of $3,600 - $8,100 for 18 acres. These costs would likely
decrease over time as the soil seed bank is depleted.
4.2 Site Security
There are currently no major site security issues associated with the Milano property.
However, one trail exists diagonally crossing the property from the northwest comer to
the eastern center. The trail appears to be utilized by residents of the Fairway Preserve
Apartments to walk their dogs during the dry season. During wet season the trail has been
seen with up to 3 feet of water cover. It may be desirable to field fence the property along
the east and west boundaries next to the developed properties, leaving the areas adjacent
to the Olde Cypress Preserve unfenced and maintaining the access point along the eastern
boundary for Fairway Preserve Apartment residents. Prohibiting leashed dog walking
would be difficult to monitor and enforce. Permitted activities can be denoted on the
5
Agenda Item No, 16A8
October 24,2006
Conservation Collier Milano Page 8 of 13
Interim Management Plan
entrance sign. Field fencing can be used for borders with developed properties. Cost,
including installation, for field fencing is approx. $5.50 per foot. Gates are
approximately $250.00 each. The total cost is estimated to be $11,000.
September 2006
4.3 Exotic Vegetation Removal and Maintenance Plan
The Collier County Environmental Services Department will hire contractors to treat the
exotic vegetation on the site. Staff will seek assistance from the surrounding community
for potential volunteers to supplement contracted exotic maintenance.
4.4 Debris Removal
Solid waste and litter will need to be removed from the southern part of the property.
No dumping signs and a fence may need to be installed along the eastern property line to
deter further dumping. Trash removal and trail maintenance can be accomplished using
both contracted and volunteer labor.
4.5 Cultural, Historical and Archeological Resource Protection
The Milano property is not within an area of historical and archaeological probability,
and no historical or archaeological sites appear to be present on the property. The County
will notify the Division of Historical Resources immediately if evidence is found to
suggest any archaeological or historic resources are discovered. If such resources are
identified on-site, staff shall cordon off the area, and a professional survey and
assessment shall be instituted. The archaeologist shall prepare a report outlining results
of the assessments and issue recommendations to County staff about management of any
sites discovered, per provisions of the Land Development Code Section 2.2.25. This
report shall be sent to the Division of Historical Resources. The County shall cooperate
fully with direction from the Division of Historical Resources on the protection and
management of archaeological and historical resources. The management of these
resources will comply with the provisions of Chapter 267, Florida Statutes, specifically
Sections 267.061 2 (a) and (b).
4.6 Listed Species Protection
Staff will evaluate needs for protection if any listed wildlife are found on the property.
4.7 Public Access
Public access will be limited to special requests until exotics are removed, a trail can be
established and appropriate public access is determined through development of a Final
Management Plan. The American Disabilities Act (ADA) requirements and safety
concerns will need to be met before we can officially open the site to the public.
6
September 2006
Agenda Item No. 16A8
October 24, 2006
Conservation Collier Milano Page 9 of 13
Interim Management Plan
4.8 Site Monitoring and Long Term Management Plan
Monitoring of the site shall consist of invasive exotic vegetation re-treatment and listed
species population surveying. The Environmental Services Department shall be
responsible for property maintenance with tasks contracted out as necessary and
management partnerships sought with the surrounding community. The site will be
monitored for exotic vegetation re-growth semi-annually for two years following initial
treatment. After two years, exotic vegetation will be monitored on a yearly basis.
4.9 Partnerships
Staff will seek out and evaluate potential for other types of partnerships for conservation,
protection, education, and funding opportunities. Staff will coordinate with Gulf Coast
High School, Laurel Oaks Elementary and local Boy Scout and Girl Scout Troops to
assist with trail development.
Staff will explore possible grants for invasive exotic vegetation removal including:
USFWS Partners for Fish and Wildlife Program (Conservation Collier Cooperative
Agreement Modification would be required) and FLDEP Bureau of Invasive Plant
Management Working Group Program.
Staff will also work with the South Florida Water Management District to evaluate a
possible removal of the berm that exists between the southern boundary and the canal.
This was suggested by one of the local conservation organizations and staff will research
the possibility to determine how this may benefit and alter the hydrology of the site.
A relationship will be sought with the neighboring commercial property owners to keep
future access options open.
7
September 2006
Agenda Item No. 16A8
October 24,2006
Conservation Collier Milanl1age 10 of 13
Interim Management Plan
4.0 Exhibits
EXHIBIT 1: Location Map
Conservation Collier Milano Location Map
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Legend - Milano
W+B
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- Collier County Roads
11II Conservation Land
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1,000 Feet
Data Source: Parcels. Collier County Prope rly App raiser
Created By: CIS \ CDES \ En~ronm..t81 SeNices
C:\ConseNlltion Collier 2082\ ISCRI 3rdcycle\Milano.mxd
G:\ConseNlltien Collier 2002\ ISCRI 3rdcycle\MilanoJpg
Date: 2.7.01
Folio Number: 00186280003,00186320002
8
September 2006
Agenda Item No. 16A8
October 24,2006
Conservation Collier MilanBage 11 of 13
Interim Management Plan
EXHIBIT 2: Aerial Map
Conservation Collier Milano Aerial Map
C~r County
--------------
Legend - Milano
:\
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- Collier County Roads
.. Conservation Land
[Z] Milano
L-=:J Milano
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9
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Agenda Item No. 16A8
October 24,2006
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Agenda Item No. 16A9
October 24,2006
Page 1 of 5
-
EXECUTIVE SUMMARY
Recommendation to approve the proposed amendment to the current interlocal agreement
between Collier County and the Economic Development Council of Collier County.
OBJECTIVE: That the Board of County Commissioners (BCe) approve the attached
amendment to the current interlocal agreement between Collier County and the Economic
Development Council of Collier County (EDC), thereby increasing Collier County's annual
funding by $160,000 to a total of $560,000 for the current fiscal year.
CONSIDERATIONS: At the September 12, 2006 BCC regular meeting the Board approved
the annual agreement between Collier County and the EDC in the amount of $400,000.
The BCC approved an additional $160,000 at the September 21, 2006 final budget meeting.
These additional monies were approved at the request of the EDC to fund supplemental
marketing expenses related to marketing the Florida Tradeport in Immokalee. Annual expenses
associated with regional marketing research provided by Florida Gulf Coast University (FGCU)
are also included in this supplemental funding.
---
FISCAL IMP ACT: Approval of this amendment to the Collier County/EDC interlocal
agreement will allow for payment of an amount not-to-exceed $560,000 that was previously
approved by the BCC during regularly scheduled budget hearings for the 2007 fiscal year.
GROWTH MANAGEMENT IMPACT: The approval of this agreement amendment is
consistent with the Growth Management Plan in that it further promotes the diversification of
Collier County's economy and targets high paying wages.
LEGAL CONSIDERATIONS: This proposed amendment to this interlocal agreement has
been approved as to form and legal sufficiency by the County Attorney's Office.
RECOMMENDATION: That the Board of County Commissioners (BCC) approve the
attached amendment to the current interlocal agreement between Collier County and the
Economic Development Council of Collier County (EDe), thereby increasing Collier County's
annual funding by $160,000 to a total of $560,000 for the current fiscal year.
Prepared by: Denton Baker, Director, CDES
---
Item Number:
Item Summary:
Meeting Date:
Agenda Item Noo 16A9
October 24, 2006
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A9
Recommendation to approve the proposed amendment to Ihe current interlocal agreement
between Collier County and the Economic Development Council of Collier County
10/24/2006 9:00:00 AM
Financial Admin & Housing Director
Date
Prepared By
Denton Baker
Community Development &
Environmental Senrices
Financial Admin. & Housing
10/41200611 :33:33 AM
Approved By
Date
Constance A, Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10/9/20063:43 PM
Approved By
Date
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
10/10/200611:14 AM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
10/11/20062:45 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/11/20062:58 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/12/2006 10:08 AM
Agenda Item No. 16A9
October 24, 2006
Page 3 of 5
AMENDMENT TO INTERLOCALAGREEMENT
THIS AMENDMENT TO INTERLOCAL AGREEMENT is entered into this
day of 2006, by Collier County, Florida, a political subdivision of the State of Florida,
through its Board of County Commissioners, hereinafter referred to as the "COUNTY", and the
Economic Development Council of Collier County, a Florida not-for-profit corporation,
hereinafter referred to as the "EDC".
WITNESSETH
WHEREAS, on September 12, 2006, the EDC and the COUNTY entered into an
Agreement wherein the County agreed to grant up to Four Hundred Thousand ($400,000) to the
EDC to enhance economic activities in the State and Collier County, by retaining, expanding
and attracting high wage jobs through economic diversification and development in order to
promote a stronger, more balanced, and stable economy; and
WHEREAS, the County has appropriated for the County's Fiscal Year 2007 (October 1,
2006 - September 30, 2007), the sum of Five Hundred Sixty Thousand ($560,000) to the EDC,
to conduct economic diversification and development activities; and
WHEREAS, the parties desire to amend the September 12, 2006 Agreement to reflect
the increased appropriation.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend the original Agreement as follows:
The County's grant to the EDC, referenced in Article 1, Paragraph B, and
described in the Summary Budget attached hereto as the replacement Exhibit "A,"
is increased from $400,000 to $560,000. All other terms and conditions of the
original Agreement, dated September 12, 2006, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Inter-local
Agreement on the date set forth above, with the intention to attach this Amendment to the
original Agreement.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRANK HALAS, Chairman
Approved as to form and
legal sufficiency:
Jeffrey A. Klatzkow
Managing Assistant County Attorney
(Witnesses and EDC signatory on following page)
Agenda Item No. 16A9
October 24, 2006
Page 4 of 5
WITNESSES:
CONSULTANT:
Signature
Economic Development Council
of Collier County
Name (Printed)
By:
Todd E. Gates, Chairman
EDC Board of Directors
Signature
By:
Name (Printed)
Tammie Nemecek
Executive Director
Agenda Item No. 16A9
October 24. 2006
Page'S of S
ECONOMIC DEVELOPMENT COUNCIL
__o___~__ of Collier County, Florida
Grovving Great Ideas
Exhibit "A"
Budget
Economic Diversification
October 1,2006 - September 30,2007
$560,000
Administrative Expenses
Including salaries, taxes and benefits
$350,000
Marketing Expenses
Including, but not limited to:
Targeted Industry Marketing Campaigns
Collateral Publications
Regional Economic Research Institute in collaboration
with FGCU
$210,000
Equipment Expenses
$ - 0 -
Total
$560.000
Agenda Item No. 16A 10
October 24, 2006
Page 1 of 11
--
EXECUTIVE SUMMARY
Recommendation to approve Collier County and the City of Naples Urban County
Cooperation Agreement for the U.S. Department of Housing and Urban Development
(HUD) Community Development Block Grant (CDBG) program and submit the agreement
to HUD.
OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution
approving the Urban County Cooperation Agreement for the Community Development Block
Grant (CDBG) program and submit the agreement to HUD.
CONSIDERATIONS: Collier County, along with the cities of Naples and Marco Island,
became eligible to receive federal CDBG entitlement funds on an annual basis through an Urban
County Cooperation Agreement adopted by all jurisdictions in September 2000. The urban
county partnership was re-qualified by HUD in June 2003 through the adoption of a new urban
county agreement.
-
HUD requires communities to re-evaluate their urban county cooperation agreements every three
years. Naples City Council will consider adoption of the attached Urban County Cooperation
Agreement for fiscal years 2007, 2008 and 2009 at their October 18, 2006 meeting. It is in the
best interest of all participating jurisdictions to continue the partnership established for the
administration of the HUD Community Development Block Grant (CDBG) program.
FISCAL IMP ACT: The urban county partnership receives approximately $2,300,000 in CDBG
entitlement funds as determined by HUD formula. The City of Naples' share is approximately
$115,000. There is no impact on general revenue.
GROWTH MANAGEMENT IMPACT: The CDBG program is consistent with and supports
the Housing, Future Land Use and Recreation and Open Space Elements of the Collier County
Growth Management Plan by providing housing assistance, infrastructure improvements and
other programs to improve the health, safety and welfare of the very low to moderate-income
residents of the community.
LEGAL CONSIDERA TIONS: 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 and the City of Naples Urban
County Cooperation Agreement and submit to HUD.
-
Prepared by: Susan Golden, Federal/State Grants Administration Manager
Operations Support and Housing
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A10
October 24, 2006
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A10
Recommendation to approve Collier County and the City of Naples Urban County
Cooperation Agreement for the US Department 01 Housing and Urban Developmenl (HUD)
Community Development Biock Grant (CDBG) program and submit the agreement to HUDo
10/24/200690000 AM
Date
Prepared By
Susan Golden
Community Development &
Environmental Services
FederalJState Grants Administration
Manager
Financial Admin. & Housing
1014120064:48:34 PM
Denton Baker
Financial Admin & Housing Director
Date
Approved By
Community Development &
Environmental Services
Financial Admin. & Housing
1015/2006 2:44 PM
Housing Development Manager
Date
Approved By
Cormac Giblin
Community Development &
Environmental Services
Financial Admin. & Housing
10110/200610:56 AM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10/10/20061 :22 PM
Date
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
10111/200610:45 AM
OMB Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
10111/20062:47 PM
Mark Isackson
Budget Anatyst
Date
Approved By
County M Imager's Office
Office of Management & Budget
10/11/20064:54 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10112/200610:18 AM
Agenda Item No. 16A 10
October 24,2006
Page 3 of 11
RESOLUTION NO. 2006-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PERTAINING TO THE CITY OF NAPLES'
CONTINUED PARTICIPATION IN COLLIER COUNTY'S URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR
FEDERAL FISCAL YEARS 2007-2009; PROVIDING FOR CERTAIN
COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Housing and Community Development act of 1974, as amended, makes
provisions whereby counties may enter into cooperation agreements with certain units of
government to carry out activities which will be funded from annual HUD Community
Development Block Grant (CDBG) Entitlement program funds; and
WHEREAS, on September 26,2000 and June 24, 2003, the City of Naples entered into
three-year "Urban County" Agreements with Collier County; and
WHEREAS, the City of Naples desires to continue participation in an amended "Urban
County" Agreement with Collier County; and
WHEREAS, the cooperation of Naples and Collier County is essential for the successful
planning and implementation of the HUD Community Development Block Grant program under
an "Urban County" designation by the U.S. Department of Housing and Urban Development;
and
WHEREAS, this agreement covers the period necessary to carry out activities which will
be funded from appropriations for Federal Fiscal Years 2007-2009 CDBG Entitlement funds,
including any automatic renewal periods.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
Section 1. The Board of County Commissioners does hereby agree to adopt the Urban
Cooperation Agreement with the City of Naples for the City to participate in the Community
Agenda Item No. 16A 10
October 24, 2006
Page 4 of 11
Development Block Grant program for Federal Fiscal Years 2007-2009.
Section 2. The Chairman is hereby authorized to sign the Urban Cooperation Agreement
and this resolution and the Clerk of the Circuit Court to attest to same.
BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in
the Public Records of Collier County, Florida.
This Resolution adopted this
day of October, 2006 after motion, second
and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
Agenda Item No. 16A 10
October 24,2006
Page 5 of 11
URBAN COUNTY COOPERATION AGREEMENT
BETWEEN COLLIER COUNTY
AND
CITY OF NAPLES
THIS URBAN COUNTY COOPERATION AGREEMENT, by and between Collier
County, a political subdivision of the State of Florida through its Board of County
Commissioners of Collier County, Florida (hereinafter referred to as the "County");
and the City of Naples, Florida (hereinafter referred to as the "City").
WITNESSETH
WHEREAS, the Housing and Community Development Act of 1974, as
amended, makes provision whereby counties may enter into cooperation
agreements with certain units of government to carry out activities which will be
funded from annual Federal Housing and Urban Development (HUD) Community
Development Block Grant program funds; and
WHEREAS, the cooperation of the City and County is essential for the
successful planning and implementation of the Community Development Block Grant
(CDBG) program under an "Urban County" designation by the U.S. Department of
Housing and Urban Development; and
WHEREAS, the City has opted to be included in the Urban County Program
for Federal Fiscal Years 2007-2009.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
PROMISES SET FORTH HEREIN, THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AND THE CITY OF NAPLES, FLORIDA AGREE
AS FOLLOWS:
1. This Agreement covers the County's and the City's participation during
Fiscal Years 2007 through 2009 in the HUD Community Development
Block Grant Entitlement program.
Agenda Item No. 16A 10
October 24,2006
Page 6 of 11
2. This Agreement will be automatically renewed for participation in
successive three-year qualification periods, unless either the County or
the City provides written notice 90 days prior to the start of the Federal
Fiscal Year that it elects not to participate in a new qualification period.
By the date specified in HUD's Urban County qualification notice for the
next qualification period, Collier County will notify the City of Naples of its
right to be automatically renewed or withdraw from the Urban County
designation.
3. Failure by either party to adopt an amendment to this Agreement
incorporating all changes necessary to meet the requirements for
cooperation agreements set forth in the Urban County Qualification
Notice applicable for the subsequent three-year urban county
qualification period, and to submit the amendment to HUD as provided in
the Urban County Qualification notice, will void the automatic renewal of
such qualification period.
4. Neither party may terminate or withdraw from this agreement while it
remains in effect. This Agreement will remain in effect until all of the
CDSG funds and income received with respect to this three-year urban
county qualification period (and any successive qualification periods) are
expended and the correspondingly funded activities have been
completed.
5. The County and the City agree to cooperate to undertake, or assist in
undertaking community renewal and lower income housing assistance
activities, specifically urban renewal and publicly assisted housing.
6. The County and the City are obligated to take all actions necessary to
assure compliance with the County's certification required by Section 104
(b) of Title I of the Housing and Community Development Act of 1974, as
amended, including Title VI of the Civil Rights Act of 1964, the Fair
Housing Act, Section 109 of Title I of the Housing and Community
Development Act of 1974, and other applicable laws.
2
Agenda Item No. 16A 10
October 24, 2006
Page 7 of 11
7. This Agreement prohibits the City's use and the County's use of Urban
County funding for activities, in or in support of the City or County that do
not affirmatively further fair housing within its jurisdiction or that impede
the County's actions to comply with its fair housing certification.
8. The County and City have adopted and are enforcing:
a. a policy prohibiting the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in
non-violent civil rights demonstrations; and
b. a policy of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or location
which is the subject of such nonviolent civil rights demonstrations
within its jurisdiction.
9. Pursuant to 24 CFR 570.501(b), the City is subject to the same
requirements applicable to subrecipients, including the requirements for
a written agreement set forth in 24 CFR 570.503.
10. The County has final responsibility for administration of CDBG activities
and annually filing the Action Plans with HUD. The City has responsibility
for day to day implementation of its programs.
11. The County and City agree to work cooperatively on providing technical
assistance in the planning, administration and implementation of CDBG
Entitlement activities.
12. By executing this cooperation agreement the City expressly understands
and agrees that:
a. it may not apply for grants under the Small Cities or State CDBG
programs from appropriations for fiscal years during the period in
which it is participating in the Urban County's CDBG program; and
b. it may use the funds received pursuant to this agreement only for
HUD eligible uses.
13. City of Naples will receive its CDBG funding based on the HUD
allocation formula for HUD eligible projects in Naples. If HUD
3
Agenda Item No. 16A 10
October 24, 2006
Page 8 of 11
determines that the proposed uses of the funds are not eligible under
HUD guidelines and requires reimbursement then the City of Naples will
immediately reimburse the County the amounts determined not to have
been properly expended.
14. Intergovernmental disputes will be resolved through the procedures
contained in Chapter 164, Florida Statutes.
4
Agenda Item No. 16A 10
October 24, 2006
Page 9 of 11
IN WITNESS WHEREOF, the County and the City have executed this Agreement
effective as of the latter date written below.
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA. A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
By:
Date:
By:
Frank Halas, Chairman
Approved as to form and
legal sufficiency
Jeffrey A. Klatzkow, Assistant County
Attorney
ATTEST:
Tara Norman, City Clerk
THE CITY OF NAPLES
COUNTY OF COLLIER, FLORIDA. A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
By:
Date:
By:
Bill Barnett, Mayor
Approved as to form and
legal sufficiency
Robert D. Pritt, City Attorney
5
Agenda Item No. 16A 10
October 24, 2006
Page 10 of 11
lEGAL CERTIFICATION
BY
COLLIER COUNTY'S COUNSEL
As the legal counsel for Collier County, I hereby state that the terms and provisions
of this Agreement are fully authorized under State and local law, and that the
Agreement provides full legal authority for the County to undertake or assist in
undertaking essential community development and housing assistance activities,
specifically urban renewal and publicly assisted housing.
Jeffrey A. Klatzkow, Assistant County Attorney
Collier County
Date
6
Agenda Item No. 16A 10
October 24, 2006
Page 11 of 11
LEGAL CERTIFICATION
BY
CITY OF NAPLES'S COUNSEL
As the legal counsel for the City of Naples, I hereby state that the terms and
provisions of this Agreement are fully authorized under State and local law, and that
the Agreement provides full legal authority for the City to undertake or assist in
undertaking essential community development and housing assistance activities,
specifically urban renewal and publicly assisted housing.
Robert D. Pritt, City Attorney
City of Naples
Date
7
Agenda Item No. 16A 11
October 24,2006
Page 1 of 11
-
EXECUTIVE SUMMARY
Recommendation to approve Collier County and the City of Marco Island Urban County
Cooperation Agreement for the U.S. Department of Housing and Urban Development
(HUD) Community Development Block Grant (CDBG) program and submit the agreement
to HUD.
OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution
approving the Urban County Cooperation Agreement for the Community Development Block
Grant (CDBG) program and submit the agreement to HUD.
CONSIDERATIONS: Collier County, along with the cities of Naples and Marco Island
became eligible to receive federal CDBG entitlement funds on an annual basis through an Urban
County Cooperation Agreement adopted by all jurisdictions in September 2000. The urban
county partnership was re-qualified by HUD in June 2003 through the adoption of a new urban
county agreement.
----
HUD requires communities to re-evaluate their urban county cooperation agreements every three
years. Marco Island City Council will consider adoption of the attached Urban County
Cooperation Agreement for fiscal years 2007, 2008 and 2009 at their October 16,2006 meeting.
It is in the best interest of all participating jurisdictions to continue the partnership established for
the administration of the HUD Community Development Block Grant (CDBG) program.
FISCAL IMP ACT: The urban county partnership receives approximately $2,300,000 in CDBG
entitlement funding with Marco Island's allocation approximately $70,000 as determined by
HUD formula. There is no impact on general revenue.
GROWTH MANAGEMENT IMPACT: The CDBG program is consistent with and supports
the Housing, Future Land Use and Recreation and Open Space Elements of the Collier County
Growth Management Plan by providing housing assistance, infrastructure improvements and
other programs 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 and the City of Marco Island
Urban County Cooperation Agreement and submit to HUD.
-
Prepared by: Susan Golden, FederaVState Grants Administration Manager
Operations Support and Housing
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A 11
October 24, 2006
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A11
Recommendalion to approve Collier County and the City of Marco Island Urban County
Cooperalion Agreement tor the US Department of Housing and Urban Development (HUD)
Community Developmenl Block Grant (CDBG) program and submit the agreement to HUDo
10/24/2006 900:00 AM
Date
Prepared By
Susan Golden
Community Development &
Environmental Services
Federal/State Grants Administration
Manager
Financial Admin. & Housing
10/4120065:06:54 PM
Financial Admin & Housing Director
Date
Approved By
Denton Baker
Community Development &
Environmental Services
Financial Admin. & Housing
1015/20062:45 PM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10/9/2006 3:40 PM
Cormac Giblin
Housing Development Manager
Date
Approved By
Community Development &
Environmental Services
Financial Admin. & Housing
10/10/2006 10:56 AM
Date
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
10111/200610:43 AM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
10/12/20067:51 AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/12/20068:32 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/12/2006 10:22 AM
Agenda Item No. 16A 11
October 24, 2006
Page 3 of 11
URBAN COUNTY COOPERATION AGREEMENT
BETWEEN COLLIER COUNTY
AND
CITY OF MARCO ISLAND
THIS URBAN COUNTY COOPERATION AGREEMENT, by and between Collier
County, a political subdivision of the State of Florida through its Board of County
Commissioners of Collier County, Florida (hereinafter referred to as the "County");
and the City of Marco Island, Florida (hereinafter referred to as the "City").
WITNESSETH
WHEREAS, the Housing and Community Development Act of 1974, as
amended, makes provision whereby counties may enter into cooperation
agreements with certain units of government to carry out activities which will be
funded from annual Federal Housing and Urban Development (HUD) Community
Development Block Grant program funds; and
WHEREAS, the cooperation of the City and County is essential for the
successful planning and implementation of the Community Development Block Grant
program under an "Urban County" designation by the U.S. Department of Housing
and Urban Development; and,
WHEREAS, the City has opted to be included in the Urban County Program
for Federal Fiscal Years 2007-2009.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
PROMISES SET FORTH HEREIN, THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AND THE CITY OF MARCO ISLAND, FLORIDA
AGREE AS FOLLOWS:
1. This Agreement covers the County's and the City's participation during
Fiscal Years 2007 through 2009 in the HUD Community Development
Block Grant Entitlement program.
Agenda Item No. 16A 11
October 24,2006
Page 4 of 11
2. This Agreement will be automatically renewed for participation in
successive three-year qualification periods, unless the County or the City
provides written notice 90 days prior to the start of the Federal Fiscal
Year that it elects not to participate in a new qualification period. By the
date specified in HUD's Urban County qualification notice for the next
qualification period, Collier County will notify the City of Marco Island of
its right to be automatically renewed or withdraw from the Urban County
designation.
3. Failure by either party to adopt an amendment to the Agreement
incorporating all changes necessary to meet the requirements for
cooperation agreements set forth in the Urban County Qualification
Notice applicable for a subsequent three-year urban county qualification
period, and to submit the amendment to HUD as provided in the Urban
County Qualification notice, will void the automatic renewal of such
qualification period.
4. Neither party may terminate or withdraw from this agreement while it
remains in effect. This Agreement will remain in effect until all of the
CDBG funds and income received with respect to this three-year urban
county qualification period (and any successive qualification periods) are
expended and the correspondingly funded activities have been
completed.
5. The County and the City agree to cooperate to undertake, or assist in
undertaking, community renewal and lower income housing assistance
activities, specifically urban renewal and publicly assisted housing.
6. The County and the City are obligated to take all actions necessary to
assure compliance with the County's certification required by Section 104
(b) of Title I of the Housing and Community Development Act of 1974, as
amended, including Title VI of the Civil Rights Act of 1964, the Fair
Housing Act, Section 109 of Title I of the Housing and Community
2
Agenda Item No. 16A 11
October 24,2006
Page 5 of 11
Development Act of 1974, and other applicable laws.
7. This Agreement prohibits the City's use of Urban County funding for
activities, in or in support of the City, that do not affirmatively further fair
housing within the City's jurisdiction or that impede the County's actions
to comply with its fair housing certification.
8. The City has adopted and is enforcing:
a. a policy prohibiting the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in
non-violent civil rights demonstrations; and
b. a policy of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or location
which is the subject of such nonviolent civil rights demonstrations
within its jurisdiction.
9. Pursuant to 24 CFR 570.501 (b), the City is subject to the same
requirements applicable to subrecipients, including the requirements for
a written agreement set forth in 24 CFR 570.503.
10. The County has final responsibility for selecting CDBG activities and
annually filing the Action Plans with HUD.
11. The County agrees to provide technical assistance to the City in the
planning and implementation of CDBG Entitlement activities.
12. By executing this program agreement the City expressly understands
and agrees that:
a. it may not apply for grants under the Small Cities or State CDBG
programs from appropriations for fiscal years during the period in
which it is participating in the Urban County's CDBG program; and
b. it may use the funds received pursuant to this agreement only for
HUD eligible uses.
13. City of Marco Island will receive its CDBG funding based on the HUD
allocation formula for HUD eligible projects on Marco Island. If HUD
3
Agenda Item No. 16A 11
October 24, 2006
Page 6 of 11
determines that the proposed use of the funds are not eligible under
HUD guidelines and requires reimbursement then the City of Marco
Island will immediately reimburse the County the amounts determined
not to have been properly expended.
14. Intergovernmental disputes will be resolved through the procedures
contained in Chapter 164, Florida Statutes.
4
Agenda Item No. 16A 11
October 24, 2006
Page 7 of 11
IN WITNESS WHEREOF, the County and the City have executed this Agreement
effective as of the latter date written below.
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA. A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
By:
Date:
By:
Frank Halas, Chairman
Approved as to form and
legal sufficiency
Jeffrey A. Klatzkow,
Assistant County Attorney
ATTEST:
Laura Litzan, City Clerk
THE CITY OF MARCO ISLAND
COUNTY OF COLLIER, FLORIDA. A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
By:
Date:
By:
Terri DiScuillo, Chairwoman
Approved as to form and
legal sufficiency
Richard Yovanovich, City Attorney
5
Agenda Item No. 16A 11
October 24,2006
Page 8 of 11
lEGAL CERTIFICATION
BY
COLLIER COUNTY'S COUNSEL
As the legal counsel for Collier County, I hereby state that the terms and provisions
of this Agreement are fully authorized under State and local law, and that the
Agreement provides full legal authority for the County to undertake or assist in
undertaking essential community development and housing assistance activities,
specifically urban renewal and publicly assisted housing.
Jeffrey A. Klatzkow, Assistant County Attorney
Collier County
Date
6
Agenda Item No. 16A 11
October 24,2006
Page 10 of 11
RESOLUTION NO. 2006-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PERTAINING TO THE CITY OF MARCO
ISLAND'S CONTINUED PARTICIPATION IN COLLIER COUNTY'S URBAN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FOR FEDERAL FISCAL YEARS 2007-2009; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Housing and Community Development act of 1974, as amended, makes
provisions whereby counties may enter into cooperation agreements with certain units of
government to carry out activities which will be funded from annual HUD Community
Development Block Grant (CDBG) Entitlement program funds; and
WHEREAS, on September 26,2000, and June 24,2003, the City of Marco Island entered
into a three-year "Urban County" Agreements with Collier County; and
WHEREAS, the City of Marco Island desires to continue participation in an amended
"Urban County" Agreement with Collier County; and
WHEREAS, the cooperation of the City of Marco Island and Collier County is essential
for the successful planning and implementation of the HUD Community Development Block
Grant program under an "Urban County" designation by the U.S. Department of Housing and
Urban Development; and
WHEREAS, this agreement covers the period necessary to carry out activities which will
be funded from appropriations for Federal Fiscal Years 2007-2009 CDBG Entitlement funds,
including any automatic renewal periods.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
Section 1. The Board of County Commissioners does hereby agree to adopt the Urban
Cooperation Agreement with the City of Marco Island for the City to participate in the
Community Development Block Grant program for Federal Fiscal Years 2007-2009.
Agenda Item No. 16A 11
October 24, 2006
Page 11 of 11
Section 2. The Chairman is hereby authorized to sign the Urban Cooperation Agreement
and this resolution and the Clerk of the Circuit Court to attest to same.
BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in
the Public Records of Collier County, Florida.
This Resolution adopted this
day of October, 2006 after motion, second and
majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
Agenda Item No. 16A 12
October 24, 2006
Page 1 of 3
--
EXECUTIVE SUMMARY
Recommendation to approve a continuation of the Conservation Collier Interim
Management Plans for Railhead Scrub Preserve, Otter Mound Preserve, Cocohatchee
Creek Preserve and Malt property to June 2007 to allow for optimal public participation in
development of the Final Management Plans for these Preserves and to coordinate a
management agreement with Rookery Bay National Estuarine Research Reserve for the
Malt property.
OBJECTIVE: To receive approval from the Board of County Commissioners (BCe) to
continue four Interim Management Plans (IMP) for Conservation Collier properties until June
2007.
CONSIDERATION: In Section 14.1, the Conservation Collier ordinance (2002-63) requires
that an IMP for each property acquired by Conservation Collier be submitted to the Land
Acquisition Advisory Committee within 60 days of acquisition. Subsequently these IMPs must
be approved by the Board of County Commissioners and implemented pursuant to the Board's
direction. IMPs for the four referenced properties have been submitted and approved, and staff
is implementing the plans. Final Management Plans (FMPs) are to be implemented within two
(2) years or the IMP may be continued by affIrmative action of the Board.
~
Staff is currently working on the Railhead Scrub Preserve FMP with consultant URS
Corporation. This FMP is envisioned to be the template for subsequent FMPs. Completion of
this document is taking slightly longer than anticipated but it will be done by the end of the
calendar year. Continuing the IMPs will not only allow time to complete the template FMP and
additional FMPs, but will also provide an advantage for the public in that the two year
submission due date for this fIrst group of FMPs comes during the fall, a time of year when
many seasonal residents are not here. As these are the first of the FMPs for Conservation Collier
properties, staff is eager to have as much public involvement as possible in the creation of these
plans, considering all but one of these properties, Malt, are within the urban area and have
residential and commercial neighbors. Continuing the IMPs until June 2007 will give staff the
entire 'season' to conduct public meetings and refme the plans to best reflect public input. In
regard to the Malt property, Program staff is also working with Rookery Bay National Estuarine
Research Reserve staff, our management partners, to incorporate the Malt Final Management
Plan within their own updated Management Plan, which will not be fInalized until June, 2007.
FISCAL IMP ACT: There is no fIscal impact to continuing the IMPs for these properties until
June, 2007.
GROWTH MANAGEMENT IMPACT: There is no growth management impact to
continuing the IMPs for these properties until June, 2007.
~
1
Agenda Item No. 16A 12
October 24, 2006
Page 2 of 3
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance 2002-63, Section 14.1,
provides that the Board, by affIrmative action, can continue the IMP:
No later than Sixty [60J days fi'om the date of acquisition, an interim management plan for any property acquired
shall be submitted by County staff to the Land Acquisition Advisory Committee for approval. Upon approval, the
plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented by the
County Manager pursuant to the Board's direction. Any such interim management plan(s) shall not be
implemented for more than two (2) years after acquisition(}fth~ profe~~~ fri~~ tf!t~eexpiration ~[rn:.o f2J:J!,~o;rs,
either a new management plan shall be implemented pr;~.I' tiltfr:'!!~@~.~~tiq!iot(lj~ lloqr:f{,16gi.~{e1:iirip{t.iil.slj~1l
f~"iij~'~e;
RECOMMENDATION: That the Board continue the IMPs for the Railhead Scrub Preserve,
Otter Mound Preserve, Cocohatchee Creek Preserve and Malt property until June, 2007.
Prepared by: Alexandra J. Sulecki, Sr. Environmental Specialist, Environmental Services Department
2
Item Number:
Item Summary:
Meeting Date:
Agenda Item Noo 16A12
October 24, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A12
Recommendation to approve a continuation of the Conservation Collier Interim Management
Plans for Railhead Scrub Preserve, Otter Mound Preserveo Cocohatchee Creek Preserve
and Malt property to June 2007 to allow for optimal public participation in development of the
Final Management Plans for these Preserves and to coordinate a management agreement
with Rookery Bay National Estuarine Research Reserve for the Malt property
10/24/200690000 AM
Senior Environmental Specialist
Date
Prepared By
Alexandra J. Sulecki
Community Development &
Environmental Services
Environmental Services
10/11120065:31:34 PM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10/12120069:23 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/12/200612:54 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
10112/20062:47 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/12/20063:10 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10112120066:18 PM
Agenda Item No. 1681
October 24,2006
Page 1 of 10
--
EXECUTIVE SUMMARY
Recommendation to approve award of Bid #06-4040, "Traffic Operations Signal
Components" to multiple vendors (item-by-item basis).
OBJECTIVE: To supply the necessary signal components to properly maintain and
repair Collier County's traffic signal hardware.
CONSIDERATIONS: The Collier County Purchasing Department posted Bid #06-
4040, "Traffic Operations Signal Components," on August 31, 2006. Invitations to bid
were solicited from 66 vendors, and 6 responses were received by the bid opening date of
September 22, 2006. The vendors who responded were: Native American Industries,
Specialty Lighting Solutions, Temple, Inc., Traffic Parts, Inc., Traffic Products, Inc., and
Transportation Control Systems, Inc.
Staff recommends that this bid be awarded on an "item-by-item" basis as described in the
Method of Award section of the bid document.
~
FISCAL IMP ACT: Funds for annual signal maintenance and repair have been budgeted
in the amount of$169,000 for Fiscal Year 2006/2007 in the Traffic Operations Operating
Fund (101).
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners award Bid #06-
4040, "Traffic Operations Signal Components" to Native American Industries, Specialty
Lighting Solutions, Temple, Inc., Traffic Parts, Inc., Traffic Products, Inc., and
Transportation Control Systems, Inc. on an item-by-item basis.
Prepared By: Sheila Convery, Traffic Operations Department
Attachments: (1) Bid Tabulation, Bid #06-4040; (2) Recommended Bid Award, Bid
#06-4040
,-.
Item Number:
Ilem Summary:
Meeting Dale:
Agenda Item No. 1681
October 24, 2006
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B1
Recommendation 10 approve award of Bid #06-4040, Traffic Operations Signal Components
to multiple vendors (item.by.item basis)o
10/24/2006 9:00:00 AM
Senior Administrative Assistant
Date
Prepared By
Sheila Convery
Transportation Services
Traffic Operations
10/3120065:49:37 PM
Robert W. Tipton, P.E.
Traffic Operations Director
Date
Approved By
Transportation Services
Traffic Operations
10/4/200611 :14 AM
Barbara LaPierre
Management/Budget Analyst
Date
Approved By
Transportation Services
Traffic Operations
1015/2006 11 :23 AM
Brenda Brilhart
Purchasing Agent
Date
Approved By
Administrative Services
Purchasing
10/5/200611:29 AM
Mike Hauer
Acquisition Manager
Date
Approved By
Administrative Services
Purchasing
10110/20068:59 AM
Steve Camell
Purchasing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
101101200610:45 AM
Norm E. Feder, Alep
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
10!101200611:14AM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
10/10/20063:51 PM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
10/11/20052:36 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
10/11/20062:44 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10111/2006 3 :55 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10111120064:44 PM
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Recommended Bid Award
#06-4040
"Traffic Operations Signal Components"
Agenda Item No. 1681
October 24,2006
Page 7 of 10
Vendor Name: Native American Industries
CCTO # Descripton
cero 3042 3-Section Traffic Signal Head, Vertical, LED, Black Aluminum, Solid R-Y-G
Bid Price
$325.27
......."'''.............,.......--.......--..-...................,.........,................-...............................""".,,,..................,,,.............,,..................,,........,...."..........................."..............,.........................-....-.............,.."..............""'..._,...,....".........."..,................,............,"'...,,..."'''.....,...........''.............-..'''''.......,..........................................
cero 3044 3-Section Traffic Signal Head, Horizontal, LED, Black Aluminum, Solid R-Y-G
$325.27
-.."'''-..........................,-.....-....-................-....,,---..................,.....'''.......".,........."............-.....-......'''.......-........."..-.....,,....,......,....-..-................--..."...................-......,....-.-...-...............-......,-...-.............................-.-................................................"..,...........,.....-,..........-..........
cero 3046 3-Section Traffic Signal Head, Vertical, LED, Black Aluminum, Arrow R-Y-G
$247.28
.-""'.....-.."-.....-...................-...............-.....-..........,,.........................................................'''...-....".................,.......-...."..........'''......".........".......................-......,..."........."..,..........."."......................".,.....""......,......."."..........................".............,,,...,..............."...,,,....,...,........-..'..............,......,,......,,.....,
cero 3048 3-Section Traffic Signal Head, Horizontal, LED, Black Aluminum, Arrow R-Y-G
$247.28
........"............"".....-.................-.-"'''.........-".....-.......,...............,...........,....-................".....,"'....,...,.......".,............-...........".........."'""..'''..,............".....,.......'''.......-.............".........-,......"....-,,-..,..,"..............-.........................................,.................,."....................,.....".-..,-...............,...,..................
cero 3052
5-Section Traffic Signal Head, Horizontal, LED, Black Aluminum, Solid R-Y-G + Arrow Y-G
$477.10
......-.-...............,..................-."-....."'''....."........"..-.--..............,,...................-..-."....."........."..............'''''............................,...............,_,.........._"......................,_"._..,...._....._..,........__......,...."..........".......".__..n......'...................."..................".."......,_...."......,.._........,..".."........_.......".
cero 3054 5-Section Traffic Signal Head, Vertical, LED, Black Aluminum, Solid R-Y-G + Arrow Y-G
$536.12
...............................".............,.......,.......,......''''''.'H........'..............."...""...._"......."..,..........._'......'H..........."........'...........'.................................."."_...,..................,_......,............".......".............,,......._....."'."'..."....'''..............'''....".........__..,......,...........'''......._........."._..""'.,..'''.........,....._..................,...,..........._.....".
Vendor Name: Specialty Lighting Solutions
CCTO # Descripton
cero 3066 135W Incandescent Duro-Test Signal Lamp, 3-inch
Bid Price
$4.49
..........-...-,....................-".......".........,.."..".."......-..........,.....".".......",,,.,..,,"...,,,......,..,,..,...,...,,.........,,....,,.........,..,,.............."',..,........,,,..........,,....,,.,,._,~..............,..........._..........,,........."................."...........,........."......"......_...."..""......."................"....,......."'...,........"..............__..................H........'.....".."'.................
cero 3067 68W Incandescent Duro-Test Pedestrian Signal Lamp
$3.99
".....,......,.......,............."......_..........._...."...".".._,....~,........"....",................,"'...........,........".....""........."',..'.........",..."..._"..,...,.."-....,."'....-........,"".,.........,,,.......................-.-,.........,....-............"......,........,.......,....,.......,.................................,-......-....''''...'''..........,...."........-...............................".'''."....."".........
Vendor Name: Temple, Inc.
CCTO # Descripton
Bid Price
cero 3002 Traffic Signal Controller Cabinet Assembly, NEMA TS2-Type 1, SCOOT Spec
$8,980.00
."'........_"...,,,................................'.......H.......'''.............,...,..,,.".........._......."......."......."...."..."..".........."......................"........,........,..".......""............,...,.."'......._.................................".................,....._...,..............".."..,.............,........_.......,...,..............".....".,,,,,,..........,...,....,,.......................,,..............,,,,..,,......................,,,........
cero 3003 Traffic Signal Controller Cabinet Assembly, NEMA TS2-Type 1
$8,210.00
,.............".......,...."..,_..................................."."..,..........."......,"......."....,..",.."..,...."..,...,...........,.................,."............,,,.............,..........-...".........."......"".........,.......,.............""'.........,.......".......,...................".......".,''',...........''''..........-....."....''....""...............,,,...........,,....,,,.........,,.................,,,.....,,.....,,,,........-"............,...,...,..
cero 3004 TS2 Cabinet Detector Rack
$154.00
..".""......,..".."...,....,_......."....................."....."...,..........."........"...."",....,..,....,......,................"..",."..........",.".,,,,,..,,..,,,,""'"........"."............"................,......""....."".,,,.......,,....,....."............".,........".....,....."........."",......"...,............,........,.....".",....,,,.,,,..............,,,,.,,,,..,......................,..,.,,,,...........,.............."""."...-."....,...""..."'....
cero 3014 TS2-Type 1 Traffic Controller, SCOOT (EPAC 3108 M51)
$2,318.00
......"........."".."."",.................."...."................."..."....""....,......",..,,,,,,,.....,,,,,.,......,....,....,,...,.......................,,.....,,....,,..,,.""..."",,,...,..............,,.....,,........,,..............,,.................,...,,...,"...................",....,.......,...."..............."..,........................,..."...".......""....."."...,.........,....."..."..,...,,,.,,,,,...................,..........",......,........",.."...........,,,..
cero 3014 TS2-Type 1 Traffic Controller, SCOOT, with FO Modem
$3,820.00
........".."..,.."....."..".-..............,..."."...........................".......-...".."'..,....."."........,........."...........,,",..........,....".....""."...,,,'......,....,,,,,....,,,,..,,.,,,........."'.................,,,,,...,,....,,,...."......"......"..,......"",...,.......,...,..,.........,,,,,.......,..,,,,..,,...",....,..........,.........................""".,,,,.......,....,...........,,.......,,........,..,..........."".-........."...,...,......."..,.
cero 3014 TS2-Type 1 Traffic Controller, SCOOT, with Communications Board installed
$4,068.00
..",............"..,,,..,,..,........,,..............,,.,,"............................,,,.........."......,...,......"'............-......'''.."........,.....'''.,..''''...'''..."..........-."'"'...............,...........,...,."'''......,,..,............,....,,"........................,.......-..........'''....,....''''.............",,''''........-..."......,......"...""....,..""".......,..,....,......,..',,,'.,,................,,............,........,,,....,,...,,......,,..,,,,..
cero 3014 TS2-Type 1 Traffic Controller, SCOOT (EPAC 3108 Mt51)
$2,442.00
cero 3016 TS2-Type 1 Traffic Controller (EPAC 3108 M41)
$2,188.00
................."...".."....-................,."..."....""........................,.....""".,,,....,..,,.................,..,,,,,..,,...,..,,..............,............,,.,...."......"."".,.,..........""....."............,,,.,..,,.......,,..,.......,,..."......."....,...",.."......................".",..........."."".',........,".."............"..,........,..................".......'......""............"..".............."."........"..,..........................""".,,,,.
cero 3017 IFS Single Mode FO Repeater, D9130E
$900.00
,,,..,,,.......,,.....,,......,,.....,,..,,..',,.....,....,,.....,,,,,-_.....,,...,,"...",,......"....,.....,,,,,,,...........,,......,,,....,,,....,,,.......,.....,,...,,..,.............,.."....",..",....",,,,...,,,,......,,,.....,,.......,,......................,...'''..'''.............''................''''."..''"''...........,...."..,..-.........,....".....................,...,...........-,.."."..".........,..'''''...........,..,'..."...".,,,..,..,......,'......,...,,.....,,,,..
cero 3024 ED! Malfunction Management Unit (MMU), 16E
$563.00
......,,,...,,,,......,........,,.....,......,,...."'.................,......,....,......,,,,,-"",...,,,.......,,.................,,..,..............,,,,.....,........,,....,......."....".."......".........................".......".".."...,..,,,...,......,..,,...."............."...,........""............."."..".........,,"....-...,....,...............".-.".."......."'......"".....,......"..''''....."..",''..............,"..............,.........,..."..,..........,....."..
cera 3030 Solid State Flasher, EDI or equivalent
$19.00
cera 3036 TS2 Cabinet Power Supply, Eagle CPS 102
$250.00
cero 3038
Bus Interface Unit, NEMA Standard TS2, Eagle BIU100
$156.50
......."........'H..."._........."'.........,..,.....................................""._........."."..,...."............"""..............................................'..."...........".".'''......."..........."..._............."..".......''"'...".,...."..''''''...........,.."..,....''''...".."_...."................."....''''........".."...,,....'''..............""".,........""....".............,......,............,....._.""........."..",...,..,....,........
cero 3056 Solid Traffic Signal Lens Retrofit Kit, GELcore LED, 12-inch, Red
$43.00
cero 3056 Solid Traffic Signal Lens Retrofit Kit, GELcore LED, 12-inch, Yellow
$53.00
cero 3056
Solid Traffic Signal Lens Retrofit Kit, GELcore LED, 12-inch, Green
$90.00
cero 3058 Arrow Traffic Signal Lens Retrofit Kit, GELcore LED, 12-inch, Red
$38.00
cero 3058 Arrow Traffic Signal Lens Retrofit Kit, GELcore LED, 12-inch, Yellow
$38.00
.....".................,..'-,......,......"'.....................,................"',,,..........,....",,,......,...............,,,..,,....,...,........'...........,,,,............"..,,,,,.....,,,...,,,..,,,...,....,...,,,.....,,......,,..........,,,,,'...".".........."..'"..,.....",.."....,......."..,.."""......,_"......"...............,.....,,,.......,,,.....,..,..,,................,,...,........,,..........'...........a......."............".................,.........."..,,"'......
Bid #06-4040 Per Item Award, Page 1/4
Recommended Bid Award
#06-4040
"Traffic Operations Signal Components"
Agenda Item No. 1681
October 24,2006
Page 8 of 10
Vendor Name: Temple, Inc. (continued from previous page)
Bid Price
CCTO # Descripton
$52.00
cera 3082
cera 3058 Arrow Traffic Signal Lens Retrofit Kit, GELcore LED, 12-inch, Green
Signal Head Mount for Mast Arm, 3-section, Pelco
$142.00
-.."".....................-.-.......---....-..,........................'''''....--............-.....................'''...................-.....''''.......-'''.............'''''......,......"""..........,...............".."..............""'....-..........-..".....".-..........."".........,..........................,..,,,""..........,,....,,.......,...........-..."..,...,..........._"'............................................
$115.00
cero 3094
cera 3086 Signal Head Mount for Mast Arm, 5-section, Pelco
Signal Head Auxilliary Extension Bar, 6 feet, Pelco
$20.00
............................_.........__......__....__................._......_.............................................._......."......."'...,..........................,..".......,.........""..............................."............."".....".........................,...._.......""'......""................N........_.."'.~.....,,........".....H."....."......'"..............................".................,.."'......._.".
..............."""._......_.,""...._...___._"'........__............"'".."""...._..""""'......."..""..'"..""..."",....."....'........."....''''........''.......'".",,..,.,,.,""...""_....,..""H,,..................N'_.....".."..........,,..~..~......_.....".........."..~....."._"...._........."..._..,."".......H..H......_.."............................"....................__............,...."
$3,350.00
cera 30102a Video Detection System, Iteris Edge2, color camera
.........._........._......._.._...___....._."'...."".......".""...'"........,........."...."'H......."...."".."...'"..".".........,""".._,,,.........,..,..,,,..,,..._...~."..H'''..H_..''.''_..,.........,_......'"..."'''......~N''......''.....,'''..".......,,"".._"......'""...,,,........................,,,,........,...,,..,,...,,............"'...'"........""--...--........."..."..,.............-..."--
$130.00
cera 30102b Mounting Bracket, Mast Arm, Pelco
..............~..~"_........."....._._......._.........._...",.~..".,.,,,......"....'H......."'....~........"..'.N..".....'"."'..."....-...."...,......"."..."..."...."".....,,"."......"........""..",..".."'......."".....".,...................,,,..,,,,.................."......"""........"....,...'........",.....~........"'".".........,...........,,......"..".."....."........._."...~..,_.............~....".....,,,..,,..,..-
$114.29
cera 30102b Mounting Bracket, Strain Pole, Iteris
$230.00
cera 30102c Video Cable, Composite 8281 Coaxial, 250 feet
..........._.........___...."._........_...__,_,................'"'".._._.............,..."....."......_.......~.......'N...._............................_.......""."....."........",..,......._.......................................~...."......"~....",,....".........."".............."....._..."........................_................-............._..___...__................-..........-..........
$369.25
cera 30102d Surge Panel, 1 Camera, 9" monitor, Iteris
$369.25
cera 30102d Surge Panel, 4 Camera, 9" monitor, Iteris
$906.50
cera 4002
cera 30102e Video Detection Unit interface, Iteris Vantage
Pedestrian Detector Pushbutton, Stainless Steel, Pelco
$33.00
.."".._.._......"H.....~"......_.__._."._._........................".."""........,,,.......~............"....'....""....."."',."..........~................."".,,"..,.......,,,....,_..,,.........~,,..,,..,,..,,~.........,,,,....,,,,..,.".,....,,,,.,,,,.........,,_,,"....,.".....""....."..~............."..........".."..."'....".........",.....,,.._""".,.._........".._..._..'"._........."._".~....."..'''..''..H''.....
cera 4006
cera 4008
cera 4011
cera 4014
cera 4015
Pushbutton Saddle for concrete strain pole mount, Pelco
$5.00
Pedestrian Traffic Signal, LED
$125.00
Pedestrian Traffic Signal, LED, Count-down
$223.00
Pedestrian Pole, Spun Aluminum, 7 foot, Pelco
$84.00
Pedestrian Pole, Spun Aluminum, 12 foot, Pelco
$147.00
$95.00
cera 6020
cera 4016 Pedestrian Pedestal Base, Aluminum, Pelco
Mast Arm Sign Hanger Assembly, Cable Mount, Aluminum, 12-inch tube, Pelco
$75.00
cera 6022
Mast Arm Sign Hanger Assembly, Cable Mount, Aluminum, 18-inch tube, Peico
$77.00
CCTO #
Vendor Name: Traffic Parts, Inc.
Descripton
Bid Price
cera 3028
cera 3032
Load Switch, Solid State
$19.75
Controller Cabinet Lightning Arrester
$38.00
$4.50
cera 3060 Traffic Signal Closure Assembly, Aluminum, 1-3/4" x 2"
$4.50
cera 3062 Traffic Signal Closure Assembly, Aluminum, 1-3/4" x 1-1/2"
$15.50
cera 6054
cera 5102 4-inch Box Fan
1/4" EHS Utility Grade Galvanized Steel Strand Vice
$575.00
cera 6056 3/8" EHS Utility Grade Galvanized Steel Strand Vice
$1,000.00
Bid #06-4040 Per Item Award, Page 2/4
Recommended Bid Award
#06-4040
'Traffic Operations Signal Components"
Agenda Item No. 1681
October 24, 2006
Page 9 of 10
CCTO#
Vendor Name: Traffic Products, Inc.
Bid Price
CCTa 3012
Descripton
Dual-Channel Detector, Rack Mount, Sarasota 222NT TS2 GP7
$242.00
"...."--~._-"....._."._..."._."".....__..."........"..".......,,....,..._................-..-....-....-........""'...................,..,......"..".............."..............,............."............-.......--.............................................,-....-......-....-.-........................-........-.-..........-........'''......."...,...........,.............-........."".....,.............
$24.00
CCTa 3034
Flash Transfer Relay
.....-.................--........-.--..--.....-......................-....-......................-......."'.......-.-....-..............--.........-............-......"'''..........-..-.............--...........-.............-.-....-.......-...-.".............-.................,..................................................._..........._.................M............"".....,.....
$377.00
CCTa 3036 TS2 Cabinet Power Supply, Econolite PS 2412
CCTa 3038
M_"._M""_.."..-........-__.__,.....__.___....._..__.............."_..._M'...._._,.......,.....".......................".._""'..."..,_.......'"..,..........,..........._,........_.__........_..............,_".."...."__..."...............,...."'...,..,,..'"...............,..,........_........_,........'''................._.._......................"...........''''..
Bus Interface Unit, NEMA Standard TS2, Econolite BIU-64
$189.60
..............".."__"..__..._.........."._..._............_"...M.._..............,,.........,..""........_,_"............_........._........,..........................."'..._.............,................"_,...._.._.."."........._............_..................,,.....................................__...............,............,...............,..,............_._...,........._........_......."..,.
CCTa 3039 Traffic Cabinet AC Power Line Filter
$35.00
CCTa 3080
-......-.....---...--......".-...-...................,.......-......"...-..........".....,"-..".-.."...."........""....-,.......-......-....",,..."'.....,...............""..............,.,...,_...~".".............................".............,....'...'....M....._........,......,.._........_..."................"....,..."........"........."....._..........."'................M......'....
Signal Head Mount, Bracket Mounting Assembly for Mast Arm, 3-Section Signal
$91.00
-."--.,-....-...,.......-..........................'''..,......"............._.....__.......,,._"..._,__...............,.......',........"........,....",.....,"'.."......'.......M......_,....".....,........_..._M.."..._........'''..._....'''''..."........,....,,__.......".__.~....._....,.~........"".................,...."....".."".........._.........~,_....,,'.......,....".........,.."'.._
CCTa 30102a Video Detection System, Econolite Autoscope Solo Pro
$3,625.00
_................"....__""~~..._.__"~"._..".."..............__...'_,,.._"'..._M................_.M"_......................,........_..."""".....,......._,..._..._.....,_...,.........,,__...__,..._..."'___......""...,........,..__"""....,...........,...........................,........""'.._'''''M..''M..._....__M......................._''''........""..............
CCTa 30102b MVP Horizontal Bracket, Mast Arm
$68.00
.---.......-...".....-......-...-..-"......-.....,-"--........"......,....."'''......"...--...~""............_.........._--"'.".__..."...._.."........,..,..........,-"..,....,........,.."..............-.....................,....."'.....,..............-,...,...".....,...........................'''....-..............................-...''''"...............-..............."..............
CCTa 30102b MVP Vertical Bracket, Strain Pole
$89.00
'__..M_..._M..___......__..M'...""'.""".M......_...'__....",...,....,~.._......,_".........,..........,_,.....,,,.,_.........M'_..'.._~...,,..,,.,,....._.,,"",.......,."....,_''''._.,......__.......".._".......,......."...._.._...."......,....".............."......".................M"......"..._......M...'......._................,_._........................
CCTa 30102c Solo Pro 60-foot Cable
$199.00
...."_.....".~._........___........."....,,_.."'.,,.._._"...M"........."._.........,"..."........._...........'.....__....._...~"',.......,......,...........""....._'......"..................,."'......"._...,........."._...."..,......._.__..".._................""...'''''......'''''...."....,........'..M..._...''...................,......"......._....."....."._........__....._."',.."".......
CCTa 30102c Solo Pro 100-foot Cable
$260.00
.......~.............""_....__......."..,.........._"......M..._.._........"......._.............,........._....."....,................._........."....".._.........,..,__....,....,..,................,....".."..'...""M"..."...........,..".".............,.."'.............."..~.......""'....,................"....,...."....,..,,......................_...,................'".."..............""."_........~........",,.....'...'M..'.....
CCTa 30102d Communication Interface Panel, 1 Sensor
$636.00
.....,...._.................'___....M....................".........................,..."'''................"'''"....".'''''.........".."................".......,_...,...."............_...._....".."".....,,,...,...,,.......,,,,,,..,......_,,......,...'......""M.................,,..,,..,.""...........,...,....,......"..."...""................"."..",,'..""....M."......".,.....""......."....,....."__....M..'..."..........."....."''''"..""........
CCTa 30102d Communication Interface Panel, 4 Sensor
$1,050.00
.._.'"...~....".._,,,..................,..'.......M...'.....,,.....___........,,..."....M",..."............."...,........"...........,..".....""".""."...."..............,......""........,...""'....."".........."....,.......".........".._.~.."'...,,"'_,,.................,.....'.""'M.'.."...._......,........"..."".......".."'....,...'''.......'''''''''M..,.."'........._...."".............."........"...".........................,....,.....
CCTa 30102e Detector Port Master
$S65.00
.."...,......".."--..."'.....-..."......".......,.."...,...-......''''..-......,,...........,......,,,,,".."..."'M"_'..M.......'''..,,,,.,,..,,,....,,..,,,..,,....'....M'..''.._.."._,...........,.....""...._M...._"...'..,....._.............."'..............."...M........"'."......M..."...........,.,......,......"."..M......._.......,..,......"............,............."..."....."..............._..,...._.....,_,.....,............"'''M'
CCTO#
Vendor Name: Transportation Control Systems, Inc.
Bid Price
Descripton
CCTa 3012
Dual-Channel Detector, Rack Mount, Reno A&E G-200
$129.00
"....-..""........",.....-...-........................".."'.................,.......,..."..............".....,....,............,..."'_".."~,,..""'....'.M.'..."'.,",..........."""........."._.........,.."...,.....,.."............,,..."'.._...........~.........'"......,.........".."......""......................'"..,....".,,,,.........,,.....M......................'M...."..'......."'.._,..,"_...""..,,,...,,._.......'~""".......".".._.
$867.00
CCTa 3024
Malfunction Management Unit, Peek TS2-MMU Double Diamond
....,,,...........,"'_...'..MM.."..."'.................,,.......,...............,,,.,,.......,,..'".,......,_...,......,...."..."..."....'''''.."..........".''''.".....-..................".M...._...."."..,_,.."",....".....,,,,,..'......M..""M.....'...............".....".,..........,......."...,...."'..""....".,....,,,...,...,...,.......,...."....",..'......."..,.......,....."'.M"........"",....."",,,..,..,,......'"..,""~........._......_.."."M....
$35.00
CCTa 3026
Low Voltage Surge Protector, Isolated Pedestrian Circuit Protector
..""'"...M................".MM'......~................,.......,,,........_"".."..M'..........,..,',........."..M.........,..""'..".......M........".,..,,',,,.~,....,.."............".""".....,...................,..,....,................."........,,,,,..,........."",......""'........,...............",......".",...........,........,....",.."",,.............,.,_",.."......"...,.."".."...."........'"........"......,..".."'....,,,..,,....._..",,,,,,.,,.............
$10.00
CCTa 3026
Su rge Protector Base
...."...._''''.....''''_.......'''..."......."..................."..............''..'''M''...,..."..........,.".'''...'M....M.'...'''',......".""..........""....,,,......"..."....,...,..""".......,.."...,..,.......""...",...."',....."'..,..."..,....."'.................._..,,,..._.........'''.''''...,,.........,,.........."...,...,.....""..,.....".,..."...."...,.......,.,........""""'.....'M"'...."......M'....".,...,...'...........M"......"....,...,..,....,,,
$31.00
CCTa 3037 Traffic Cabinet AC Surge Transient Protection Device
CCTa 3038
.......~._.,,,......,.......,,._............_................__....,,.._"._"............................."...-.....-.................."...-......"....................,...._._....._.._........,...........___...........'..""....._........,...,.~..........._..........._M._"....._....".._.....M.._......._................"..".".......".~,..............""'...._....".......,..........."..."...........
Bus Interface Unit, NEMA Standard TS2, Peek BIU 100
$250.00
..___..."'........................."'M...........,........"........M....................."....,......,.....""....M'........."M.............."...M..'.............""......,",...,_.....'''........._....,...........".."",...'.......M...."................................................."...........'"_...M............"....."........"..."''''M...''....''.......,...,..,....''.....''..M.....'''........'M"....."........."................."..,........."'''........,......
CCTa 3064 Traffic Signal Closure Assembly, Plastic, Pelco
$2.00
CCTa 3070
..............,...........,.........................."'"............."..............".............""....."....'....,"'............."..........."............"....."........."",..""......._..."."..."'~.......................,"..".....M......'...,,""....~.,~.........'".........".."......"....,......"."M......................,'".,,,....,.....~.............,.................,................"_."........."...........~,,,...,,............,,.....,,._......,...~'...'......
Signal Disconnect Hanger, Pelco
$82.00
...."..................,......"..,_.....~..._....M'."....................._..._,......."...........",.....,..,...........",,,,,.....M..................,......,,........,,....,,..........."...M....._..............".."'".,...""........"'.",.........."."..,~............"...."........".........'''._....'''.''.''.M..........,..."......,..".......''''''''....''''............,........,...,..,........,...."........"...,,,.,,..,,..,,,,,..,,,,,........'...,..........."""'.,,
CCTa 3072 Tri-Stud Disconnect Hanger Assembly, Pelco
$46.00
CCTa 3076
..",.."......,.""....~.""'..."....,....,."'...."...."........,,......_...,,..........................................,.........."'''.......-..........'''.."....'''''..'''''.._.._..''''',.............................,.........,...,.."'''_...."..............~...~"..".....,".....".,............'M.'.."""....~...........""..."',....."....,...."..,,.....""."...."...."'.,"'...""'"....",,,........,..".,,...'..............,,,......,,..............,,,...."......",.....
Signal Head Mount, Pelco
$200.00
......."..."..""'...,..,....-..........."..,..."'.....""'...".......-..........,...........,-.M..................................................."."..........."..",.......".....................".....''',..........".'''........._"..,...........,.."_.~........,....,..'''"....,,..,..................,......,,,......,..',,,,..,,......................,....,........'''M.........'''''M...''..'''.."...."'""..,...........""....."..."......,........,.......,,"'....."'.....
CCTa 3082
Signal Head Mount for Mast Arm, 3-section, Pelco
$142.00
....'.M'.............M.'......."".......__................M......._......._"......M..-......_."........."M......,..........."''''..._...'...'...._M__..'.....M..._..''....................,.."...,.......""....,...._......."......,....._...........'"......._...."..".................'''....................."....................'M......_"..."'...._........"........."......,......_"",.."..............M".............."...."........
$115.00
CCTa 3086
Signal Head Mount for Mast Arm, 5-section, Pelco
..............,.."..........."'.."...._.._.......M........".......,."...."..............,....".....,_,............."...................................,....."'....,..."............M"....'''..".....,''''''"".M......"..................".,...,......"......",......"........"...,.......,_."..............,.......,.......".....................,............,..._.,.....,.............".....,...."..."....'."'..M..'...............'M........."..............".......,........
$152.00
CCTa 3088
Signal Head Mount for Mast Arm, 5-section, Articulated, Pelco
"'''_.M_..'.''''.......,..........,_,.._.._........_........,..............._"................................,.......,.........."................................,,,....".....".M"..............................M...,......."..."........"',.........."'.......M"................."'"......"........".."M....'...'.....~..",..."..............,........"...."...'...."..,..,"",.......,..,'"..........~,,,............,......,,.,,,,............,,",,...,,'.....,,.......,,,,......
$43.00
CCTa 3090 Tri-Stud Upper Arm Bracket Assembly, 2-way, Pelco
CCTa 3092
.."..."................."..".M".............."....,............."."...........".""..,..,,................."..."..,"',."'""...".......,....."'...,..............."..........,,...."""'..""""..........".....,""........"'''"..",,.,,..,.......~........,_........,''............."."',....,..,.""",.......".."",,......,.~.".................,.....,,......."....,....M......."'....'""",......",,,,,,............'M...."."..,,..........,,,,,,..."..".....",...".""',,
Signal Head Auxilliaries, Extension Bar, 2-way, 6-foot, Pelco
$20.00
..""....,.......,....,......"...,.."".'~"'M..."..."'....."......"'_....""".........,".........,............,..,....,..,,,..,..,,_,,,.,,...,,.........",,..........,,,."""..".".."".""..."................"....""............".."'....................."...."........"'.....""'...'.'''M''''''...''."....,.......''''.."..".."............"......,......."...."'."'..._....""."'.."....."".".....".....".....,.".'.."........M."'..""...."...."",,,......,,...
Bid #06-4040 Per Item Award, Page 3/4
Recommended Bid Award
#06-4040
"Traffic Operations Signal Components"
Agenda Item No. 1681
October 24, 2006
Page 10 of 10
CCTO#
Vendor Name: Transportation Control Systems, Inc. (continued from previous page)
Descripton
Bid Price
cera 3094
Signal Head Auxilliary Extension Bar, 6 feet, Pelco
$20.00
cera 4002
,.....".........-"..-....-....................-..'''.....-.-...-........................".-...........................................-....,...............................'''............."'''..............................................-....'''............................"..............,,,..,......,,,.....................,,.........................................................."....,.,,,,,.........................,,.....................................
Pedestrian Detector Pushbutton, Stainless Steel, Pelco
$33.00
cera 4006
............-..."......-.-......................-.....,..............,...-".......................,...............-.......................................".......,......,.......-...........................................................................""..."....."............"..........."..."..............".."...,....",....~...~.,~'..~~...~..,,,...._........''''''............_'..._.........~................~....._......................''.................
Pushbutton Saddle for concrete strain pole mount, Pelco
$5.00
cera 4012
-....,......."...'''....,..-.....-............-".......".."''.....,..,,............''''....".....~....._.......,,,......~.........'......~..,,""',,...,,..,,.......,,...........-,........,_.......".........,...""".".."".....'.~.,...,,..,",...........................""............."............."..',..........._........',.......'-,~........,...........................,..""..-......."............"..........................................'''.-."......
Pedestrian Traffic Signal Post Top Adapter, Pelco
$35.00
................"_.._.........--._...................~....._........."........_..._.........._............~."._........_."...........".."....."......".............................".........._......................~..............".."...................................................._"..................."..-....................................................."'...............................................-......................................
cera 4017
Reinforcing Collar for Square Pedestal Base, Pelco
$42.00
-.............."..................-..-..............................,,-................................,...."'....................,........................"""."""'..........................,...,.........,,........."..,..''''.,.........."..........,.......".....................-.....-..................""".........................................................,..................."...,"".......................".........,............-...,."...............-........'''.....
Internally Illuminated Sign Lamp, 85W, 72-inch, Phillips
$8.00
cera 4026
cera 4028
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Internally Illuminated Sign Lamp, SOW, 60-inch, Phillips
$9.00
....-.......-......-.........................-.......".....-.......................-................"..............".....~.........~....,..........................._........"'......".......'...._...........,..".............".....,...~....,.............."........................._."...".........."..,.............""..".....................-..."........."."............................,......."..--......................-............-...".........
cera 4030
Internally Illuminated Sign Lamp, 110W, 96-inch, Phillips
$12.00
cera 4032
...........-...,....,...-......".......-.."".-.............."..............--.."...,.............."...-.."..................,."........."................'''.................,...."............,...--.........,.................".-...............,.........".........""......"......"................."..,......."'.."...........""'.............""..........""..."".-...".....,,-.......................,..-................................................
Internally Illuminated Sign Photoelectric Control
$11.00
cera 4036
_..............."......_..."'......_..,_..~..............'............."...................................,....._..".......,.........._.".............._".....~".............."..'...,...',.....'"...,...."'..".......,."......."..,,..,....,......................................".......,..........,...,,,..,,,.....,..........,,,.......".."....,..................,,...................."",,,..,....,,......'........................,.....,............,...................m....
Internally Illuminated Sign Ballast
$40.00
..........-....."....-...................,.......-.........,....."..........."".......""...~.,......"'...,...,.......................,..........,"""......"...."................,,,..,..,.,,.....,,~......,,....,...,..,,...,...'~....'........,.....,,,...,,.."'........,,,,,............'......,.,,...........,.........,,...........,,.....................,.,,...................,,,.....,,,,,..........................................,...,..,,,.............".....................,......."......
cera 5104
Adjustable Thermostat, 120V, 60Hz
$16.00
.......,..-,".........-........................"'...........-.....-.........................-....-."...,............-........"....,............................".........................-...".............."..."..................-.............................................-........".."......................"......................"..........,........................-....."............,".....,-.........,.............."..-.............................".
Span Wire Sign Hanger Assembly, l-way, Pelco
$76.00
cera 6000
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Span Wire Sign Hanger Assembly, 2-way, Pelco
$105.00
cera 6002
cera 6020
..........-......,............,.....,...-....................,..,--.""'.....''''''''......-".,....,..-.............................."......"....."........'''.........",'''.................-..."....,...".............-.......,....."'........,..,....."....,....."..""......"",...........,."".."..............",.........................",......................................,......."."...........-...........................-.........................,.........",.....
Mast Arm Sign Hanger Assembly, Cable Mount, Aluminum, 12-inch tube, Pelco
$75.00
.....-.......-................................,.."............."..................."'......................"....."..."....,....'''..-.........,.......-........."..........'''....-,.............................................".......................'...."............"..........,........."..-.........."'.......''''.''''..................."........'''................-....,..........."......-..."...................-........"...........................................-"..".
cera 6022
Mast Arm Sign Hanger Assembly, Cable Mount, Aluminum, 18-inch tube, Pelco
$77.00
...................-....-................-..."......."...."...."....-."-....-...,,..................,."...".........................""......,...."......."..."..-..."..,.......,.....",.......,...........""...".............................................................."...'.."'~"....".........."..."..".....,,,....,,..............',,..................,,.........,,..,,......,..".........-.."..'''........"..''''........................-.....'''''.,.............
Certain products on this bid cannot be substituted. In the event that the lowest bid price for an item is
a substitute item when one is not permissible, the bidder with the next-lowest bid price for a qualified
product is awarded that line item.
When multiple vendors bid the same lowest price for the same qualifying product, both are awarded the
bid for that line item.
Bid #06-4040 Per Item Award, Page 4/4
Agenda Item No. 1682
October 24,2006
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve a change order in the amount of $198,507.00 to CH2M
Hill, Inc. amending contract #05-3774 Gordon River Water Quality Park (project
No. 51085) Engineering Design contract.
OBJECTIVE: To add services to existing contract #05-3774 by change order to assist
the Transportation Services Division, Stormwater Management Department in the design
of the Gordon River Water Quality Park to include additional design services and the
addition of the Freedom Memorial to the project site.
CONSIDERATION: The Gordon River Water Quality Park Engineering Design project
includes the preparation of construction plans and permitting for the construction of a 50-
acre water quality park to be located east of Goodlette-Frank Road and north of Golden
Gate Parkway within the City of Naples. The project includes water quality improvement
and flood protection within the Gordon River Watershed. This project will also create an
aesthetically pleasing passive educational/recreation park facility, which not only
minimizes environmental impacts, but helps create a natural habitat where flora and
fauna can flourish.
--
The Freedom Memorial will be located on site. The change order involves the redesign
and permitting associated with the addition of the Memorial. Also included are
boardwalk and pavilion redesign, maintenance and flow control facility, sanitary pump
facilities and water quality sampling as a DEP permit requirement.
FISCAL IMPACT: Funding in the amount of $198,507.00 is available in the
Stormwater Capital Projects Fund (325) Gordon River Water Quality Park Project
(Project No. 510185).
GROWTH MANAGEMENT IMPACT: The Gordon River Water Quality Park
project is in accordance with the goals and objectives of the Drainage Sub-element of the
Growth Management Plan for Collier County Stormwater Management.
RECOMMENDA TION: That the Board of County Commissioners approve a change
order for the Gordon River Water Quality Park-Design in the amount of $198,507.00
with CH2M Hill, Inc.
Prepared By: Margaret A. Bishop, Senior Project Manager, Stormwater Management
Department
Attachments: (1) Change Order
--
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 1682
October 24, 2006
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1682
Recommendation to approve a change order In the amount of $198,50700 to CH2M Hill, Inco
amending contract #05-3774 Gordon River Water Quality Park (project No 51085}
Engineering DeSign Contract
1012412006 9:0000 AM
Project Manager
Date
Approved By
Margaret A. Bishop
Transportation Services
Stormwater Management
10/4/2006 11 :45 AM
Date
Approved By
Eugene Calvert
Transportations ServicBs
Principal Project Manager
Transportation Engineering and
Construction Management
101412006 4:27 PM
Lisa Taylor
ManagemenUBudget Analyst
Date
Approved By
Transportation Services
Transportation Administration
10/5/2006 2:46 PM
Rhonda Rembert
Contract Specialist
Date
Approved By
Administrative Services
Purchasing
10/9/2006 8:25 AM
Approved By
Norm E. Feder, A1CP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
10/10/2006 1 :49 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
10/11120063:21 PM
Steve Carnell
Purchasing/General Svcs Director
Dale
Approved By
Administrative Services
Purchasing
10/12120068:18 AM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
10/12120069:23 AM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
10/12/200610:32 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10/16/20069:17 AM
Approved By
James Vo Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/16/200612:02 PM
October 24, 2006
This change order will be appear on the BCC Agenda 10/24/06 and will appear on the Administrative repo~ 3 of 12
Date: October 3, 2006 E-Mailed To Bonnie:
Project Name:
Gordon River Water Quality Park - Engineering Design
Project Number:
510185
BIDIRFP #:
05-3774
Mod#:
5
PO#:
4500046366
Work Order Number:
Contractor/Consultant:
CH2M Hill
Original Contract Amount:
$ 599.850.00
(Starting Point)
Current BCC Approved Amount:
$ 956.100.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 956.100.00
(Including All Changes Prior To This Modification)
Change Amount:
S 198.507.00
Revised ContractJWork Order Amount: $ U54.607.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractJWork Order: $ 554.757.00
Percentage of Change Over/Under Revised Contract Amount: 20.76 %
Overview of change: To add services to the original scope to include permitting. and design changes associated with the
Freedom Memorial. Upgrade and expand the boardwalk and pavilion design, also to the maintenance and flow control facility,
the north parking lot restroom and education facility and the water sampling requirements specified by the Department of
Environmental Protec~Joj. The contract completion will be.e'ftended until January 24, 2007.
con""'tSP<C;'I;'~~ 0_'71'" /O/3jiJ6
Scanned Date: 10 (2/01, (..
f
Data Entry Information:
Type of Change: Amendment
Project Manager: Margaret Bishop
Department: Stormwater
Change Category Type, Circle One Below:
1. Planned or Elective
2. Unforeseen Conditions
3. Quantity Adjustments
4. Correction of Errors
5. Value Added
6. Schedule Adiustments
Scanned copies of the back up documentation may be located on the Purchasing G drive:
Revised 7/11/05
~-.
.l
G:!Current-Changes to Contracts
G:! Current - Changes to Work Orders
Revised 7/11/05
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 1682
October 24,2006
Page 5 of 12
PROJECT NAME: Gordon River Water Qualitv Park - Enqineerinq Desiqn
PROJECT #: 510185 5
BID/RFP #: 05-3774 MOD #: - rpO#:4500046366 WORK ORDER #:N/A
DEPARTMENT: Stormwater ~~ent
Original Contract Amount:
$ 599.850.00
(Starting Point)
Current BeC Approved Amount:
$956.] 00.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$956.100.00
(Including All Changes Prior To This Modification)
Change Amount:
$198.507.00
Revised ContractIW ork Order Amount:
$1.154.607.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $554.757.00
Date of Last BCC Approval 1/10/06 Agenda Item # 16B2
Percentage of the change over/under current contract amount 20.76 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 2/8/06 CURRENT: 1/24/07
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The purpose of this change order is to
add $198,507.00 as additional services stated in the original scope of services approved at the BCC May 24, 2005
meeting to include permitting and design changes associated with the Freedom Memorial, upgrade and expand
boardwalk and pavilion design, maintenance and flow control facility, north parking lot restroom and education
facility and water sampling requirements specified by DEP.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the proJect?
To place the Freedom Memorial at the Gordon River Water Quality Park so that the community can benefit
from yiewinc the Memorial exclusivelv at the site. or in addition to visitinc the Water Quality Park for passive
recreation or educational purposes. Additional services in the form of desiqn chances. associated with the
Memorial. additional permittinq recuirements and desicn upcrades and chanqes.
PARTIES CONTACTED REGARDING THE CHANGE: Stormwater Manaqement Director. CH2M Hill Inc. and
Purchasinq Contract Specialist
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
-L Proposed change is consistent with the scope of the existing agreement
-L Proposed change is in fact an addition or deletion to the existing scope
-L Change is being implemented in a manner consistent with the existing agreement
-L The appropriate parties have been consulted regarding the change
-L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
Date: ,/-.)'- 0 ~
Date: ~
Revised 4/25/2005
1...
.......,,.-r.;.;.
~.o
CHANGE ORDER
Agenda Item No. 16B2
October 24,2006
Page 6 of 12
CHANGE ORDER NO.
4
CONTRACT NO. 05-3774
BCC Date: 5/24/05
Agenda Item: 1687
TO: Mr. Thomas A. Spriaas. Ph.D
CH2M Hill. Inc.
4350 West Cypress Street. Suite 600
Tampa. FL 33607
DATE: September 25.2006
PROJECT NAME: Gordon River Water Quality Park - Enaineerina Desian
PROJECT NO.: 510185
Under our AGREEMENT dated September 25. 2006
You hereby are authorized and directed to make the following change(s) in accordance with
terms and conditions of the Agreement: The purpose of this change order is to add $198,507.00 to be
considered additional services stated in the original scope of services approved at the BCC May 24,
2005 meeting to include, permitting and design changes associated with the Freedom Memorial,
upgrade and expand boardwalk and pavilion design, maintenance and flow control facility, north
parking lot restroom and education facility. water sampling requirements specified by FDEP.
FOR THE (Additive) Sum of: One hundred ninety eiqht thousand five hundred and seven dollars
($198.507.00)
Present Agreement Amount
$599.850.00
$ 356.250.00
$ 198.507.00
$1.154.607.00
Original Agreement Amount
Sum of Previous Changes
This Change Order (Add)
The time for completion shall be increased by~calendar days due to this Change Order.
Accordingly, the Contract Time is now ~) calendar days. The substantial completion date is
December 24. 2006 and the final completion date is January 24. 2007. Your acceptance of this
Change Order shall constitute a modification to our Agreement and will be performed subject to all the
same terms and conditions as contained in our Agreement indicated above, as fully as if the same
were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and
final settlement of any and all claims of the Contractor arising out of or related to the change set forth
herein, including claims for impact and delay costs.
Accepted: d- '7 .& fi"f'J
CONTRACTOR:
CH2M Hill, Inc.
,2006
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
By: fla-<ra~
Margaret A. shop, P.E., Sr. Proje . Manager
By: !1~,.~ ~ ~
Eugene C. Calvert, P.E., Director
LECEIVED
SEP 2 9 2006
1 raO&portal.lon
Engtneerlng Department
By:
Norman Feder, AICP, Administrator
. !;..'
Agenda Item No. 1682
October 24, 2006
Page 7 of 12
Transportation - Engineering Design Additional Services
Task E Alternatives and System Proposal
Task E4: Engineering Design
· Modify, upgrade, and expand boardwalk and pavilion design to incorporate
recommendations by the Parks & Recreation Department. Adjustments shall
include:
o Modify the footprint on 6 of 7 pavilions from 25 ft by 25 ft to 15 ft by
15 ft
o Adjust all structural drawings for new sizes
o Provide additional loading calculations related to different
configurations
o Adjust mechanical, electrical, and plumbing detail drawings to reflect
different configurations
o Realign boardwalk alignment to coincide with pavilion
reconfiguration and make adjustments on all associated drawing plan
and detail sheets
o Reconfigure and expand the roof line over the boardwalk adjacent to
the Education Facility to the parking lot drop-off sidewalk. Adjust all
structural plan, elevation, and detail drawings to reflect the expanded
roof structure.
Lump Sum Fee:
$ 30/123
· Provide design drawings for the 750 s.f. maintenance and flow control facility
which will house maintenance equipment and supplies, irrigation controls,
and other sitewide mechanical control equipment.
o Provide all necessary structural, mechanical, electrical, and plumbing
plan and detail drawings.
o Coordinate with County and City staff for proper alignment onsite.
o Coordinate with County Transportation and Parks Dept. for
necessary configuration details.
Lump Sum Fee:
$ 20/065
.i6iiL~~ ,,~i~L:
Agenda Item No. 1682
October 24, 2006
PageS of 12
. Provide design drawings for two sanitary pump facilities serving the North
parking lot restroom and the Education Facility.
o The pump facilities at the North restroom will be designed below
ground.
o The pump facilities at the Education Facility will be designed within a
shared enclosure with the dumpster facility.
o Provide all necessary structural, mechanical, electrical, and plumbing
plan and detail drawings independently for each facility.
",\
Lump Sum Fee:
$ 21,325
. Perform monthly surface water sampling over three (3) consecutive months
to complete the requirements specified by FDEP for the ASR permit. Collect
one (1) sample from the Goodlette-Frank Road ditch and one (1) sample from
the Gordon River upstream of the gate each month. Analyze the six samples
for the primary and secondary drinking water standards plus other organic,
inorganic, and bacteriological constituents (see Attachment A). Prepare a
brief technical memorandum (1 - 2 pages w / tables) summarizing the results
and report results to the FOEP.
Lump Sum Fee:
$ 25,485
. Provide permit and redesign services to include the Freedom Memorial (FM)
into the project drawings. Specific tasks will include:
o Evaluate and resubmit petition(s) and/ or planning/ design drawings
to the City of Naples for review and approval as needed. Assumes
documents will be submitted to the ORB or P AB as soon as practical
once NTP is received.
o Coordinate with original FM architect to establish unknown design
elements for incorporation into final construction documents (CDs).
o Modify design as necessary to transition it into the existing CDs while
adhering to all applicable City, State, and Federal Codes. Up to four
(4) coordination meetings will be held (by phone) with the original
FM architect during this process.
o Relocate the Maintenance building, sanitary lift station, and
stormwater pump station to site the Freedom Memorial in the
northwest comer of the property.
o Incorporate the design information from the FM architect, ORB, P AB,
City, and the County into the CDs.
Lump Sum Fee:
$ 54,800
.~~:"_:..;.!.-.:" _ .1-.
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Agenda Item No. 16B2
October 24,2006
Page 9 of 12
Task F Project Management and Coordination
. Project management services and coordination for additional services.
Lump Sum Fee:
$ 46,709
Total for Tasks E & F:
$198,507
..~-
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EXHIBIT 1
Surface Water Sampling Estimate for ASR Permit
Collier County Transportation Dept., Naples, FL
Analysis required per FDEP, F-'~q 62-550.310
Total Lab anal sis
Fielde ui ~!1trentil:and$"'liq!INffifl!1 m!li:ii:!"li'll!'F~I;l
YSI (rental, 3x)
Pump with battery (rental, 3x)
Miscellaneous sampling supplies (tubing, gloves, ete)
....'...... ~..
Unit Price
$220
$200
$100
$175
$150
$750
$75
$225
$48
$90
$300
"",,-
Goo
Frank R08e1'
Canal!~(~
ea.}.
$660
$600
$300
$525
$450
$2,250
$225
$675
$145
$270
$900
$7,000
Agenda Item No. 1682
October 24, 2006
Page 11 of 12
':ilrl];
Gordon
River above
Gate (3 ea.)
$660
$600
$300
$525
$450
$2,250
$225
$675
$145
$270
$900
$7,000
Total Lab
Sampling
Cost
$1,320
$1 ,200
$600
$1.050
$900
$4,500
$450
$1 ,350
$290
$540
$1,800
$14 000
$
$
$
$
$
State Prlmal"1 Drlnklna Wlllllr StIIndards: In_nIcs
No. of No. Exceed Concentration
Pa,.meter MCL Sampl.. Ing MCL Range
Antimonv 600b 10 0 <6
Arsenic 50 oob 10 0 <10
Asbestos 7 MFL 9 0 <.27
Barium 200m 10 0 <.25
Bervllium 4DDb 10 0 <4
Cadmium 5DDb 10 1 7'<.2
Chromium 100 Of'lb 10 0 <20
Cvanide 200 DDb 10 0 <24.6
Fluoride 400m 10 0 .34 -<.2
Lead 15 oDb 10 0 <2
Mercurv 2DOb 10 0 <1
Nickel 100 oDb 10 0 <21
Nitrate (as Nl 1000m 74 0 <0.05 - 8.15
Nitrite (as Nl 100m 73 0 <0.01 - .22
Selenium 50 DDb 10 0 <10
Sodium 160 oom 74 3 69 . 224
rhalllum 200b 9 0 <2
State Primary Drlnkln Willer Standards: Radlonuclldea and Microbial
No. of No. Exceed Concentration
P.,.meter MCL Samples Ing MOL Rsnge
Radium 226 and 228 5DCl/I 8 0 <2
Gross Aloha 150Cl/I 3 0 <406
otal Colifonns 4 CFUll00mL 3 0 <1
Fecal Colifonns' o CFU"00 mL 365 0 <1
State Secondary Drlnklna Water Standards
Parameter
Aluminum
Chloride
:::ODDer
Color
FluOlide
Foamina Aaents
Iron
Manaanese
Odor
oH (at Collection Polnn'
Silver
Sulfate
Total Dissolved Solids
lZinc
MCL
200 oob
250 oom
100m
15 PCU
200m
500 oob
300 oob
50 oob
3 TON
6.5 - 8.5
100 Deb
250 oom
SOO oom
500m
NO. of
Samples
75
74
10
67
10
10
10
10
74
365
10
10
74
10
No. EXCMCI
Ing MCL
1
4
o
47
o
1
1
o
41
53
o
o
39
o
Concentration
Range
<5 - 280
140 - 424
sO.OO2
4- 65
~.34
<20 - 1490
<30 - 830
<5.27
<1.35
6.0 - 8.0
<to
24-74
324 . 952
0.064 - O. t
Fecal coliform data and pH data from Monthly Operallng Reports 7/99 10 6/00.
Pathogens (Unreaulated)
No. 01 No.
Parameter MCL SampIM Poalthle Range
Giardia (cystsllooL) -- 6 0 <0.3 - <2
Ivryptosporidlum
(00cystsl100L) - 6 1 <0.2 - 2
......-
. Maximum Contaminant Laval (MCL) per Rules 62-550.310 and 62-5500320. FAC.
Abbreviations: ppb = partslbillion
pCiII: Picacurriesllil9t ppm = pens/million
NA = Not ADlllicable MFL: Million FlberslUter > 10 urn.
~~~~',,;j..
Agenda Item No. 16B2
October 24, 2006
Page 12 of 12
State PrllYlllry Drlnklna Water Standards: Oraanlcs
....",cen.
No. of No.Exceecl tratlon
Parametar MCL Sampl.. Ing MOL Range
Endrin 2ririb 10 0 <019
Lindane (G.BHCI 0.2oob 10 0 <.02
Methvoxvchlor 40" b 10 0 <.25
oxaohene 30lb 10 0 <.5
4-0 700 b 10 0 <.5
,4,5-TP (Silvexl SOD b 10 0 <.381
HMs (Totall 100 cb 10 0 <44.6
richloroethene SODb 10 0 <.5
etrachloroethene SDob 10 0 <.5
arbon Tetrachloride 3DDb 10 0 <.5
invl Chloride 100b 10 0 <.5
1 1 1.Trichloroethane 200 DDb 10 0 <.5
1.2-Dichloroethane SDob 10 0 <.5
Benzene 100b 10 0 <.5
Ethylene Dibromide 0.02 oob 10 0 <.02
K;is-1.2-Dichloroethene 70 oob 10 0 <.5
1.2-Dichloropropane 5 ppb 10 0 <.5
Ethylbenzene 700 ppb 10 0 <.5
Monochlorobenzene 100 ppb 10 0 <.5
Dichlorobenzene 600 ppb 10 0 <.62
Stvrene 100 Dob 10 0 <.5
oluene 100m 10 0 sO.011
rans-1,2-Dichloroethene 100 Dob 10 0 <.5
ylenes (Total) 10 ppm 10 0 sO.C01ce
Dlchloromethane 5 ppb 10 0 <.5
1.2.4.Trichlorobenzene 70 ppb 10 0 <.5
1 ,1 ,2- Trichloroethane 5 ppb 10 0 <.5
lachlor 2 [ b 10 0 <1.5
trazine 3 [ b 10 0 <2.5
arbofuran 40 b 10 0 <7.04
hlordane 2 [ b 10 0 <.5
Dibromochloroorooane 0.2 DDb 10 0 <.2
Heotachlor 0.4 DDb 10 0 <.05
HeptaChlor eooxide 0.2riob 10 0 <.025
POlychlorinated Biohenvl O.S""b 10 0 <.25
PentachlorODhenol l-':'-rih 10 0 <.0574
Dalapon 200 oob 10 0 <1
Dl12-ethvlhexvllohthalate 6-oob 10 0 <3.03
DI(2-ethvlhexvlladloate 40000b 10 0 <.85
Dinoseb 7-00b 10 0 <.2
Diquat 20 ppb 10 0 <4
Endothall 100 oob 10 0 <15.4
~Iyphosate (Roundup) 700 ppb 10 0 <10
Hexachlorobenzene 1 ppb 10 0 <.02
Hexachloro-
cyclopentadiene 50 ppb 10 0 <.84
Oxamvl Nvdate\ 200001, 10 0 <2.57
Benzo(a)pyrene 0.2 ppb 10 0 <0.2
Picloram 500 ppb 10 0 <.263
Simazlne 4DDb 10 0 <2.8
lo-Dichlorobenzene 75 cob 10 0 <.54
1.1 -Dichloroethene 700b 10 0 <005
0""" ,.,:to.. '-
..;\o.~;:~;..\~
Agenda Item No. 16B3
October 24,2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment in the amount of $394 to
recognize additional State Block Grant funds awarded through Florida Department
of Transportation.
OBJECTIVE: To obtain Board approval for a budget amendment to recognize the
annual allocation of State Block Grant funds.
CONSIDERATION: On January 28, 2003, the Board approved and entered into a
Multi-year Joint Participation Agreement with the Florida Department of Transportation
for the State Block Grant Funds. The funds from this grant will assist in the provision of
fixed route public transportation services.
FISCAL IMPACT: This is a reimbursement grant that the County will invoice as the
expenses are incurred. The total amount of the State Block Grant is $385,494. Through
the annual budget process $385,100 was the estimated grant amount; therefore, a budget
amendment in the amount of $394 is needed to recognize the additional grant award.
~.~
GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Collier County BeC approve the necessary budget
amendment in the amount of $394 to recognize the additional funding for the State Block
Grant.
Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes
Attachment: Grant Award Notice
,,.--,
Agenda Item Noo 16B3
October 24, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1683
Meeting Date:
Recommendation to approve a budget amendment in the amount of $394 to recognize
additional State Block Grant funds awarded through Florida Departmenl o!Transportation
10/24/2006 900:00 AM
Approved By
Lisa Hendrickson Senior Planner Dale
Transportation Services Alternative Transportation Modes 10/4/2006 4:37 PM
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportation Services Transportation Services Admin. 10110/200611:18 AM
Approved By
Kay Luongo Grants Coordinator Date
Transportation Services Transportation Admin 10/10/2006 2:52 PM
Approved By
Sharon Newman Accounting Supervisor Date
Transportation Services Transportation Services Admin 10/10/20065:03 PM
Approved By
Barbara LaPierre Management/Budget Analyst Date
Transportation Services Traffic Operations 10/11120066:53 AM
App roved By
Pamela J. Lulich Project Manager Date
Transportation Services Alternative Transportation Modes 10/11/20063:13 PM
Approved By
Pat Lehnhard Executive Secretary Date
Transportation Services Transportation Services Admin 10/12120069:35 AM
Approved By
OMS Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 10/12/200610:34 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 10/16120068:27 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 10/16/20069:41 AM
Agenda Item No. 16B3
October 24,2006
Page 3 of 4
JEB BUSH
GOVERNOR
Florida Department of Transportation
801 North Broadway Avenue
Bartow, FL 33830
DENVER J. STUTLER, JR.
SECRETARY
September 22, 2006
Ms. Diane Flagg, Director
Collier County
Alternative Transportation Modes Department
2885 Horseshoe Drive South
Naples, Florida 34104
RE: Fiscal Year 2006/2007 State Transit Block Grant Award:
Contract Number: AM3S0 / Financial Management Number~ 407131-1-84-01
Annual Encumbrance Process
Dear Ms. Flagg:
This letter provides award notification for Collier County's State Transit Block Grant annual allocation of
funding in the amount of $385,494. In Fiscal Year 2002/2003 we implemented multi-year Joint
Participation Agreements (JP A) for this program. Annual Agreements are no longer required.
I am enclosing a Multi-Year Joint Participation Agreement Notification of Funding form and a copy
of the Department's approved encumbrance for this project. Both forms contain the annual formula
allocation for Collier County for Fiscal Year 2006/07. Please have the County's authorized signatory
sign and date the funding notification form in blue ink and return it this office for further processing.
If you require additional information or need assistance, please feel free to contact Richard P. Shine,
District Public Transit Administrator at (239) 461-4300 or at Richard.Shine<a:ldot.state.fl.us.
Sincerely,
-r./AAAf &.. ~h
Terry Beacham
District Modal Development Administrator
TWB:RPS:sbs
End: 2
cc: Don Scott, Collier County, Transportation Administration
Lisa Hendrickson, Alternative Modes Department, Collier County
Brandy Otero, Collier County Metropolitan Planning Organization
Ben Walker, Intennodal Systems Development, FDOT
Johnny Limbaugh, Southwest Area Office, FDOT
David L. Hutchinson, Southwest Area Office, FDOT
Richard P. Shine, Modal Development OfficelPublic Transit, FDOT
District One, Modal Development Office
801 North Broadway Avenue · Post Office Box 1249 · Bartow, FL 33831-1249
(863)519-2388 · (863)534-7172 (Fax) · MS 1-39
terry. beacham@dot.state.fl.us
Agenda Item No. 1683
October 24, 2006
Page 4 of 4
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Fiscal Year 2006/2007
State Transit Block Grant Award
Contract Number: AM3S0
Financial Management Number: 407131-1-84-01
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract #AM350 Contract Type: AH
Vendor Name: COLLIER COUNTY B
vendor ID: VF59600055S004
Beginning date of this Agmt: 02/17/03
Ending date of this Agmt: 06/30/0B
Method of Procurement: G
************************************************************************
Description:
40713118401
************************************************************************
ORG-CODE *EO
(FISCAL YEAR)
AMENDMENT ID
*OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
*BUDGET ENTITY *CATEGORY/CAT YEAR
*SEQ. *USER ASSIGNED ID *ENC LINE{6S)/STATU8
************************************************************************
Action: SUPPLEMENTAL
Funds have been: APPROVED
55 012020129 *PT
2007
8004
*750010 *
*55100100
*00 *
3B5494.00 *40713118401
*088774/07
5 *0005/04
*680
*
------------------------------------------------------------------------
TOTAL AMOUNT:
*$
385,494.00 *
------------------------------------------------------------------------
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 09/19/2006
Agenda Item No. 1684
October 24, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorize the County
Manager, or his designee, to act on behalf of the county as "the authority" in
enforcing Section 337.403 of the Florida Statutes and ratifying all prior notices
issued by the Collier County Transportation Department related to enforcement of
that statute.
OBJECTIVE: To obtain authority for the County Manager, or his designee, to enforce
the provisions of Section 337.403 of the Florida Statutes and obtain ratification of all
prior notices issued in connection with attempts to provide notice to enforce that statute.
CONSIDERATIONS: Collier County Transportation has and continues to experience
delays to road construction projects due to utilities not relocating in advance of their
need. These delays cause needless expense and inconvenience to contractors and Collier
County taxpayers. A current example is the Immokalee Road project where FPL has
caused delays 0 f over 170 days for not moving utility po les in mil estone 1. Now Comcast
is delaying the relocation of utility poles in milestone 2 of this project.
,-..
Section 337.403 of the Florida Statutes provides for an "authority" to provide written
notice for a utility to relocate, to direct the relocation by others for failure to relocate and
to recover this expense from the utility. The requested board action will provide the
County Manager, or his designee, the authority to act on behalf of the county in this
matter.
With this authority Collier County Transportation can proactively avoid or minimize the
fmanciallosses that occur when utilities fail to respond to the needs of its road projects.
FISCAL IMPACT: If the Board of County Commissioners approve this action, this
will allow the County to move forward to relocate power lines by hiring a 3rd party to do
so. The cost to relocate the utilities that are within the ROW will be budgeted within each
of the projects. The cost will be paid by the county and the county will seek
reimbursement of these fees as per Florida Statute 337.403 from each of the utility
companies. There is a possibility of the need to budget legal fees if the utility companies
were to challenge Florida Statute and refuse to pay.
GROWTH MANAGEMENT IMPACT: This authorization of authority is consistent
with the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners authorize the
County Manager, or his designee, to act on behalf of the county as ''the authority" in
enforcing Section 337.403 of the Florida Statutes.
___0
Prepared By: Gary R. Putaansuu, P.E., Principal Project Manager
Agenda Item No. 16B4
October 24, 2006
Page 2 of 5
Attachments: (1) FS 337.403 (2) Notice to Relocate Utilities
,...''''~''
Item Number:
Item Summary:
Meeting Date:
Agenda Item Noo 1684
October 24, 2006
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B4
Recommendation that the Board of County Commissioners authorize the County Manager or
his designee to act on behalf of the county as the authonty in enforcing Section 337403 of
the Florida Statutes and ratifying all prior notices issued by the Collier County Transportation
Department related to enforcement of that statute.
10/24/2006900:00 AM
Date
Prepared By
Gary Putaansuu
Transportation Services
Senior Project Manager
Transportation Engineering and
Construction
1019120069:08:49 AM
Najeh Ahmad
Director
Date
Approved By
Transportation Services
Transportation Engineering '&
Construction Management
10/9/2006 9:23 AM
Scott R. Teach
Assistant County Attorney
Date
Approved By
County Attorney
County Attorney Office
1019/2006 1: 51 PM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
10/13120068:51 AM
Approved By
Lisa Taylor
Transportation Services
ManagemenUBudget Analyst
Date
Transportation Administration
10113/20064:47 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
10/16/20069:37 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
10/16/20064:14 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/16120065:01 PM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
10117/200610:25 AM
Notice to Relocate Utilities Located Along
From to
Agenda Item No. 1684
October 24,2006
Page 4 of 5
Attention:
(Insert Name of Utility Company)
Please accept this letter as Collier County's written notification of the need to relocate the above-
referenced utilities which, as currently located, unreasonably interfere with anticipated road
improvements to commence in 2006.
The County is providing this early notification with the intent that your utility company will
immediately commence review of this matter and coordinate the relocation of the affected
utilities with the County to avoid any potential delay or interference in the progress of the road
construction. In the event that it appears that efforts are not made to relocate the utilities in a
manner compatible with the County's construction schedule, the County will request the Board
of County Commissioners to issue a Resolution directing the issuance of an order for the
removal or relocation of the utilities.
Florida Statutes, S 337.403(1) requires the removal of utilities that unreasonably interfere with
the maintenance or improvement of public roads, as follows:
(1) Any utility heretofore or hereafter place upon, under, over, or along
any public road or publicly owned rail corridor that is found by the
authority to be unreasonably interfering in any way with the convenient.
safe, or continuous use, or the maintenance. improvement. extension, or
expansion, of such public road or publicly owned rail corridor shall. upon
30 days' written notice to the utility or its agent by the authority, be
removed or relocated by such utility at its own expense except as provided
in paragraphs (a), (b), and (c). (Emphasis added).
In the event that the owner of the utility fails to remove or relocate the utility, the statute further
provides:
"(3) Whenever an order of the authority requires such removal or change
in the location of any utility. ..and the owner thereof fails to conform to
the order... the authority shall proceed to cause the utility to be removed.
The expense thereby incurred shall be paid out of any money available
therefore, and such expense shall, except as provided in subsection (1), be
charged against the owner and levied and collected and paid into the fund
from which the expense of such relocation was paid."
Please be advised that if the above utilities are not relocated and/or the County incurs additional
expense related to having to unilaterally relocate those utilities, the County will expect
reimbursement from your utility company. You may direct your communication regarding the
relocation of the utilities to:
Gary Putaansuu, P .E.
Principal Project Manager
Collier Transportation Services Division
Tel: (239) 213-5876
Fax: (239) 530-6649
Agenda Item No. 1684
October 24,2006
Page 5 of 5
33 7 .403 Relocation of utility; expenses.--
(1) Any utility heretofore or hereafter placed upon, under, over, or along any public road or
publicly owned rail corridor that is found by the authority to be unreasonably interfering in any
way with the convenient, safe, or continuous use, or the maintenance, improvement,
extension, or expansion, of such public road or publicly owned rail corridor shall, upon 30 days'
written notice to the utility or its agent by the authority, be removed or relocated by such
utility at its own expense except as provided in paragraphs (a), (b), and (c).
(a) If the relocation of utility facilities, as referred to in s. 111 of the Federal-Aid Highway Act
of 1956, Pub. L. No. 627 of the 84th Congress, is necessitated by the construction of a project
on the federal-aid interstate system, including extensions thereof within urban areas, and the
cost of such project is eligible and approved for reimbursement by the Federal Government to
the extent of 90 percent or more under the Federal Aid Highway Act, or any amendment
thereof, then in that event the utility owning or operating such facilities shall relocate such
facilities upon order of the department, and the state shall pay the entire expense properly
attributable to such relocation after deducting therefrom any increase in the value of the new
facility and any salvage value derived from the old facility.
(b) When a joint agreement between the department and the utility is executed for utility
improvement, relocation, or removal work to be accomplished as part of a contract for
construction of a transportation facility, the department may participate in those utility
improvement, relocation, or removal costs that exceed the department's official estimate of
the cost of such work by more than 10 percent. The amount of such participation shall be
limited to the difference between the official estimate of all the work in the joint agreement
plus 10 percent and the amount awarded for this work in the construction contract for such
work. The department may not participate in any utility improvement, relocation, or removal
costs that occur as a result of changes or additions during the course of the contract.
(c) When an agreement between the department and utility is executed for utility
improvement, relocation, or removal work to be accomplished in advance of a contract for
construction of a transportation facility, the department may participate in the cost of clearing
and grubbing necessary to perform such work.
(2) If such removal or relocation is incidental to work to be done on such road or publicly
owned rail corridor, the notice shall be given at the same time the contract for the work is
advertised for bids, or 30 days prior to the commencement of such work by the authority.
(3) Whenever an order of the authority requires such removal or change in the location of any
utility from the right-of-way of a public road or publicly owned rail corridor, and the owner
thereof fails to remove or change the same at his or her own expense to conform to the order
within the time stated in the notice, the authority shall proceed to cause the utility to be
removed. The expense thereby incurred shall be paid out of any money available therefor, and
such expense shall, except as provided in subsection (1), be charged against the owner and
levied and collected and paid into the fund from which the expense of such relocation was
paid.
History.us. 129, ch. 29965, 1955; s. 1, ch. 57-135; s. 1, ch. 57-1978; ss. 23, 35, ch. 69-106; s.
143, ch. 84-309; s. 12, ch. 87-100; s. 28, ch. 94-237; s. 970, ch. 95-148; s. 25, ch. 99.385.
Note.--Former s. 338.19.
Agenda Item No. 16B5
October 24,2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation that the Board accept a contribution from The Halstatt
Partnership for the additional plantings along Golden Gate Parkway up to the
amount of $101,821.89.
OBJECTIVE: A recommendation that the Board accept a contribution from The Halstatt
Partnership for the additional plantings along Golden Gate Parkway. The contribution is
estimated to be $101,821.89.
CONSIDERATION: The Halstatt Partnership contribution is intended for the
additional landscape improvements on Golden Gate Parkway adjacent to Grey Oaks. The
contribution is for the purchase and installation of larger trees, palms, and irrigation
components consistent with the Landscape Beautification Master Plan. This
enhancement will not create an additional maintenance cost to the County. A budget
amendment is needed to recognize the funds.
The contribution is subject to the following conditions: the larger trees and palms will be
placed in the buffer adjacent to Grey Oaks; the County will provide the maintenance
consistent with the Landscape Master Plan.
,~
In the future, the Halstatt Partnership would like to contribute to Collier County the
parcel located at the northeast corner of Airport Road and Golden Gate Parkway. The
Halstatt Partnership is working on the easement and this item if acceptable to staff, will
be brought to the Board at a later date.
FISCAL IMPACT: Funds up to $ 1 01,821.89 will be deposited into the designated
project. A budget amendment is needed to recognize these funds and appropriate them
on the expense side of the Golden Gate Overpass Landscape project budget (Fund 313,
Project Number 600066) in the amount of $95,311.27 and on the expense side of the
Golden Gate road construction project budget (Fund 313, Project 600061) in the amount
of $6,51 0.62 for the irrigation costs.
GROWTH MANAGEMENT IMP ACT: This request is consistent with the Collier
County Growth Management Plan.
RECOMMENDATION: That the Board accepts a contribution from Halstatt
Partnership for landscaping on Golden Gate Parkway in the amount of $ 1 01,821.89,
approve related change orders to the Golden Gate Overpass landscape and road
construction project contracts that will result from this contribution, and approve the
necessary budget amendments. The contributed amount will add over 10% to the
contract, which would require Board approval.
,,--
Prepared By: Pamela J. Lulich, RLA, Landscape Operations Manager, ATM
Attachments: (1) Contribution letter; (2) Resolution; (3) Estimate of Costs for Contribution
Agenda Item No. 1685
October 24, 2006
Page 2 of?
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16B5
Recommendation that the Board accept a contribution from The Halstatt Partnership for the
addilional piantlngs along Golden Gate Parkway up to the amount of $101 ,821 0890
10/24/200690000 AM
Item Number:
Item Summary:
Prepared By
Pamela J. Lulich Project Manager Date
Transportation Services Alternative Transportation Modes 101912006 4:53:38 PM
Approved By
Pamela J. Lulich Project Manager Date
Transportation Services Alternative Transportation Modes 10/9/20065:25 PM
App roved By
Gloria Herrera Management/Budget Analyst Date
Transportation Services Stormwater Management 10/10/20067:52 AM
Approved By
Scott R. Teach Assistant County Attomey Date
County Attorney County Attorney Office 10/101200610:35 AM
Approved By
Norm E. Feder. AICP Transportation Division Administrator Date
Transportation Services Transportation Services Admin. 10/101200611:28 AM
Approved By
Rhonda Rembert Contract Specialist Date
Administrative Services Purchasing 10/10/20064:30 PM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 10/11/20061:37 PM
Approved By
Sharon Newman Accounting Supenfisor Date
Transportation Services Transportation Services Admin 10/11/20064:43 PM
Approved By
Pat Lehnhard Executive Secretary Date
Transportation Services Transportation Services Admin 10/12/200610:09 AM
App roved By
OMS Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 10/12/200610:36 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 10113/20068:46 AM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 10/13120069:31 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 10/14120068:56 AM
Agenda Item No. 1685
October 24, 2006
Page 3 of 7
RESOLUTION NO. 2006-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY DECLARING A PUBLIC PURPOSE FOR THE
RECEIPT OF A CONTRIBUTION FROM THE HALSTATT
PARTNERHSIP FOR ADDITIONAL PLANTINGS ALONG GOLDEN
GATE PARKWAY UP TO THE AMOUNT OF $101,821.89.
WHEREAS, the Halstatt Partnership wishes to contribute funds to the County up to the
amount of $101,821.89 to provide for additional landscape improvements on Golden Gate
Parkway adjacent to Grey Oaks to purchase and install larger trees, palms, and irrigation
components consistent with the Landscape Beautification Master Plan; and
Whereas, the additional plantings resulting from the contributed funds will not result in
additional maintenance cost to the County; and
Whereas, acceptance of this contribution will increase the contract amount for this
landscaping project by over 10%, thus requiring the Board's approval; and
WHEREAS, the Board has previously approved and accepted contributions for
landscape and beautification improvements throughout the County.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board hereby declares that
there is a public purpose as to the receipt of a contribution from the Halstatt Partnership for
landscaping on Golden Gate Parkway up to the estimated amount of$101,821.89 and authorizes
and approves related change orders that may occur because the contributed amount increases the
landscape contract for this project by over 10%.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ th day of October, 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DEPUTY CLERK
By:
Frank Halas, CHAIRMAN
Approved as to form and legal sufficiency:
Scott R. Teach,
Assistant County Attorney
Agenda Item No. 1685
October 24, 2006
Page 4 of 7
September 21, 2006
Collier County Transportation
Attn: Pam Lulich
2885 Horseshoe Drive S.
Naples, Florida 34104
Re: Halstatt Contribution
Dear Ms. Lulich:
The Halstatt Partnership would like to proceed with the additional plantings along Golden
Gate Parkway;- We acknowledge that the cost of the additional landscaping is
$101,821.89 will be the responsibility of the Halstatt Partnership.
We would also like to continue with the easement Halstatt is granting to Collier County
on the parcel located at the northeast comer of Airport Road and Golden Gate Parkway.
The intent of the easement is for landscape buffering only. We should have the easement
complete by October 1,2006.
Please let me know if there is anything else we need to provide to you.
Sincerely,
-,/ ~~
.",.,--........
Thomas W. Sansbury
The Halstatt Partnership
Cc: Lee Treadwell
Kelly Guarascio
Jim Pirece
2400 Grey Oaks Drive North. Naples, FL 34105 . 941.262.5550 . Fax: 941.262.3593
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Agenda Item No. 1686
October 24, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve the purchase of Pre-Cast Box Culvert Sections from
Hanson Pipe & Products for the Fish Branch Creek Box Culvert Extension Project
in the amount of $52,116.96, authorize payment prior to delivery and approve an
allocation of a $12,100 storage fee.
OBJECTIVE: To approve the purchase from Hanson Pipe & Products pre-cast box
culverts for the Fish Branch Creek Box Culvert Extension Project within Lake Trafford
Road Right-of-Way that was originally included in a Work Order assigned to D.N.
Higgins, Inc. under Underground Utilities Contractors Contract #04-3535 that was
subsequently cancelled for convenience.
,-.
CONSIDERATION: In May 2005 the BCC approved Work Order #UC-108 to D.N.
Higgins, Inc. for the Fish Branch Creek Box Culvert Extension Project involving the
attachment of box culvert extensions onto the existing box culvert crossing under Lake
Trafford Road in Immokalee. In June 2005 a "Notice to Proceed" letter was given to the
Contractor and in July 2005 the NTP letter was postponed due to unfavorable weather
conditions which were not adequate for construction. As a result of the original NTP, the
Contractor provided shop drawings of the pre-cast box culverts to the Design
Professional, TBE Group Inc. which were approved. The Contractor placed an order for
the pre-cast box culverts with Hanson Pipe & Products and the structures were
constructed. In March 2006, the contractor was terminated for convenience due to the
project's redesign, construction cost increases, and the delay until January 2007 to start
the project installation.
In discussions with Hanson Pipe & Products, Stormwater staff has investigated the direct
purchase of the pre-cast box culverts. Hanson Pipe & Products indicated that they would
hold the original 2005 pre-cast box culverts construction costs for the county. Due to the
total time elapsed between fabrication and delivery for construction, the manufacturer
and the county agreed to pay a reasonable storage fee. TBE Group Inc. has reviewed the
structures and indicated that they are acceptable and if ordered today the same culverts
would cost about $22,500 over the original cost of $52,116.96. In addition to this cost
savings, the county's tax exempt status would allow an additional savings of $3,127.02
by buying the structures directly from Hanson Pipe & Products. As to the storage fee of
$550 per month (22 months till 04/30/07) totaling $12,100, Stormwater has determined
that the price is fair as it would cost approximately $10,000 to $15,000 to mobilize
equipment in order to off load the structures early at the site.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
Agenda Item No. 1686
October 24, 2006
Page 2 of 3
FISCAL IMPACT: Funding in the amount of$15,930.35 is available in the Stormwater
Management Capital Fund (301) Fish Branch Creek Box Culvert Extension, Project
Number 510211. A budget amendment is needed to transfer $48,286.61 from Project
Number 511411 County Wide Stormwater Conveyance, into Fund 325 Fish Branch
Creek Box Culvert Extension (510212). Source of the funds will be from ad valorem
taxes.
RECOMMENDATION: That the Board of County Commissioners approves the
purchase of 14 - 8' wide sections of 10' by 6' concrete pre-cast box culverts at
$52,116.96 and $12,100 for storage fees from Hanson Pipe & Products for the Fish
Branch Creek Box Culvert Extension Project, authorize payment for the boxes prior to
delivery and the appropriate monthly storage fees and approve all necessary budget
amendments.
Prepared By: Val Prince, Project Manager, Transportation Services Division,
Stormwater Management Department
---
~
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16B6
October 24, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B6
Recommendation to approve the purchase of Pre-Cast Box Culvert Sections from Hanson
Pipe & Products for the Fish Branch Creek 80x Culvert ExtenSion Project in the amount of
$52,116 96, authonze payment prior to delivery and approve an alloe8tlon of a $ 12,1 00
storage fee
10/24/2006 9:0000 AM
Project Manager
Date
Prepared By
Val Prince
Transportation Services
Storm water Management
9/25/20064:13:32 PM
Norm E. Feder. Alep
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
10/21200610:38 AM
Eugene Calvert
Date
Approved By
Transportations Services
Principal Project Manager
Transportation Engineering and
Construction Management
10/3120062:51 PM
Lisa Taylor
Management/Budget Analyst
Date
Approved By
Transportation Services
Transportation Administration
1015/20062:41 PM
Rhonda Rembert
Contract Specialist
Date
Approved By
Administrative Services
Purchasing
1019/2006 8:26 AM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
10/10/200610:43 AM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
10/12120062:16 PM
Approved By
Executive Secretary
Date
Pat Lehnhard
Transportation Services
Transportation Services Admin
10112/20062:41 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
10/12120062:56 PM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/13/20066:37 PM
Michael Smykowski
Management & Budget Director
Dale
App roved By
County Manager's Office
Office of Management & Budget
10116/200611:25 AM
Approved By
James V. MUdd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/161200612:18 PM
Agenda Item No. 1687
October 24,2006
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to (1) award bid #06-4051 "Sidewalks/Bike Paths Various Locations" for
construction of sidewalks in various locations within Collier County to Quality Enterprises
USA, Inc. in the amount of $691,246.15 and 10% contingency in the amount of $69,124.62
for a total of $760,370.77 and (2) approve a budget amendment to reflect the amount of
funds to be reimbursed by the Florida Department of Transportation (FDOT) to $367,500
(project #690822)
OBJECTIVE: To provide sidewalks in various locations within Collier County.
CONSIDERATION: On September 5, 2006, the Purchasing Department sent notices to 205
vendors for bid #06-4051 "Sidewalks/Bike Paths - Various Locations" to construct sidewalks at
the following locations:
,-
1. 5th Street South from West Delaware Avenue to Eustis Avenue
2. 111th Avenue North from 8th Street to Naples Park Elementary
3. Jennings Street from Georgia Avenue to Texas Avenue
4. Jennings Street from Georgia Avenue to Floridan Avenue
5. Floridan Avenue/Texas Avenue from Broward Street to approximately 220 south of the
intersection of Texas Avenue & Fleming Street
6. Alladin Lane from Thomasson Drive to Sugden Park
7. Poplar Way from Lombardy Lane to Alladin Lane
On September 21, 2006, a non-mandatory pre-bid meeting was held, at which time all
prospective bidders had questions answered regarding the bidding documents for this project.
On October 5, 2006, three (3) bids were received and opened. Staff reviewed the unit pricing on
the bid tab, and Quality Enterprises USA, Inc. was the lowest, qualified bidder. The bid total was
$691,246.15.
The bid results were as follows:
Contractor
Quality Enterprises USA, Inc.
Douglas N. Higgins, Inc.
Bonness, Inc.
Total Bid Amount
$691,246.15
$743,545.00
$784,675.94
FISCAL IMP ACT: Funding for this project is available in Project #690822 in the amount of
$528,815.46 and Project #690811 in the amount of$231,555.31 for construction. This project is
part of a Local Agency Program (LAP) Agreement in the amount of $367,500.00 for
construction which will be reimbursed by the FDOT after completion of project.
GROWTH MANAGEMENT IMP ACT: This project is consistent with the Transportation
Element of the Growth Management Plan.
~
Agenda Item No. 1687
October 24, 2006
Page 2 of 11
RECOMMENDATION: That the Board award bid #06-4051 "Sidewalks/Bike Paths - Various
Locations" to Quality Enterprises USA, Inc. in the amount of $691 ,246.15 and 10% contingency
in the amount of$69,124.62 for a total of$760,370.77 and authorize the Chairman to execute the
standard contract after review by the County Attorney's Office and (2) approve a budget
amendment to reflect the amount of funds to be reimbursed by the Florida Department of
Transportation (FDOT) to $367,500.
Prepared by: Trinity L. Caudill-Scott, Project Manager, TECM
Attachment: Bid Tabulation #06-4051
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16B7
October 24, 2006
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1687
Recommendation to (1) award bid #06-4051 Sidewalks/Bike Paths Various Locations for
construction of sidewalks in vanous locations within Collier County to Quality Enterprises
USA, Inc In the amount of $691.24615 and 10% contingency In the amount of $69,124.62
for a total of $760,370.77 and (2) approve a budget amendment to reflect the amount of
funds to be reimbursed by the FlOrida Department of Transportation (FDOT) to $367.500
(Project #690822)
10/24/2006 90000 AM
Date
App roved By
Trinity Caudill~Scott
Transportation Services
Project Manager
Transportation Engineering &
Construction Management
10/9/20064:42 PM
Date
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
'10/10/200611:26 AM
Rookmin Nauth
Date
Approved By
Transportation Services
ManagemenUBudget Analyst
Transportation Engineering and
Construction
10/1012006 2:05 PM
Dale A. Bathon, P.E.
Date
Approved By
Transportation Services
Prinicipal Project Manager
Transportation Engineering and
Construction
10/10/20062:08 PM
Brenda Brilhart
Purchasing Agent
Date
Approved By
Administrative Services
Purchasing
10/10/20062:34 PM
Approved By
Kay Luongo
Transportation Services
Grants Coordinator
Date
Transportation Admin
10110/20062:41 PM
Mike Hauer
Date
Approved By
Administrative Services
Acquisition Manager
Purchasing
10/10/20063:43 PM
App roved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Date
Purchasing
10/11/20061 :00 PM
Date
App roved By
Najeh Ahmad
Transportation Services
Director
Transportation Engineering &
Cons.truction Management
10/11/2006 1 :58 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
10/12120063:26 PM
Pat Lehnhard
Date
Approved By
Transportation Services
Executive Secretary
Transportation Services Admin
10/12/20064:23 PM
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Date
Office of Management & Budget
10113/20066:32 PM
Michael Smykowski
Date
Approved By
County Manager's Office
Management & Budget Director
Office of Management & Budget
10/16/20061:35 PM
Approved By
James V. Mudd
Board of County
County Manager
Date
County Manager's Office
10/171200610:08 AM
Agenda Item No. 1687
October 24, 2006
Page 4 of 11
Commissioners
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Agenda Item No. 1688
October 24, 2006
Page 1 of 1 0
-
EXECUTIVE SUMMARY
Recommendation to award Bid #06-4034 "Golden Gate MSTU - Sunshine
Boulevard Landscape & Irrigation Installation Project" to Hannula Landscaping,
Inc. with a base amount of $289,460.64 and 10% contingency of $28,946.00 for a
total of $318,406.64.
OBJECTIVE: To accomplish Landscaping and Irrigation Improvements for Golden
Gate Municipal Services Taxing Unit (MSTU) as per Golden Gate MSTU Ordinance No.
96-50 as Board of County Commissioners Approved on September 3, 1996.
CONSIDERATIONS:
-
. On August 17,2006 the Purchasing Department sent notices to 57 vendors for the
"Golden Gate MSTU - Sunshine Boulevard Landscape & Irrigation Installation
Project". There were eight (8) packages requested for this bid.
. On September 6, 2006 at 10 a.m., a non-mandatory pre-bid meeting was held.
. On September 18, 2006 at 2:30 p.m. bids were opened. Staff reviewed the unit
pricing on the bid tabulation, and Hannula Landscaping, Inc. is recommended for
award.
. Based on the Golden Gate MSTU Committees selection of alternates for award
staff has provided the following tabulation based on actual alternates selected:
Selected Alternates Hannula Landscape Service Vila & Son
Landscaping Professionals, Inc. Landscaping
CorD.
Base Bid $264,920.64 $270,949.50 $267,417.67
6" Irrigation Sleeves $15,510.00 $28,200.00 $15,040.00
4" Irrigation Sleeves $1,980.00 $5,000.00 $2,250.00
2" Irrigation Sleeves $7,050.00 $18,800.00 $5.640.00
Total Alternates $24,540.00 $52,000.00 $22,930.00
Total Base & Alternates $289,460.64 $322,949.50 $290,347.67
. Staff recommends award of this bid to Hannula Landscaping, Inc. as the lowest,
.qualified, and responsive bidder.
. Staff recommends award of base bid amount of $289,460.64 and alternates as
selected by the Golden Gate MSTU Committee as 6" Irrigation Sleeves at
$15,510.00, 4" Irrigation Sleeves at $1,980.00, and 2" Irrigation Sleeves at $7,050.00
FISCAL IMPACT: The total award amount needed to open a purchase order for the
base bid plus selected alternates with Hannula Landscaping, Inc. is $289,460.64 plus 10%
contingency of $28,946.00 for a total of $318,406.64. Funds are available in
improvements general, Golden Gate MSTU Fund (153).
-
Agenda Item No. 1688
October 24, 2006
Page 2 of 10
GROWTH MANAGEMENT IMP ACT: There IS no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners award Bid #06-
4034 "Golden Gate MSTU - Sunshine Boulevard Landscape & Irrigation Installation
Project" to Hannula Landscaping, Inc. and authorize the Chairman to execute the
standard contract after review by the County Attorney's Office.
Prepared Bv: Darryl Richard, Project Manager, Alternative Transportation Modes
Department
Attachments: 1) Bid #06-4034 Tabulation 2) October 10, 2006 Golden Gate MSTU
Advisory Committee Special Minutes
,.,....".';~
,,~.,
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16B8
October 24, 2006
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B8
Recommendation to award Bid #06-4034 Golden Gate MSTU Sunshrne Boulevard
Landscape & Irrigation lns1allallOn Project" to Hannula Landscaping, Inc with a base amount
of $289460 64 and 10% contingency of $28.94600 for a total ot $318,40664.
10124/20069:00.00 AM
Project Manager
Date
Prepared By
Darryl Richard
Transportation Services
Alternative Transportation Modes
10/9/20065:23:03 PM
Darryl Richard
Project Manager
Date
Approved By
Transportation Services
Alternative Transportation Modes
10/912006 5:24 PM
Pamela J. Lulich
Project Manager
Date
Approved By
Transportation Services
Alternative Transportation Modes
1019120065:26 PM
Gloria Herrera
ManagemenUBudget Analyst
Date
Approved By
Transportation Services
Stormwater Management
10110/20067:54AM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
10110/200611:30 AM
Brenda Brilhart
Purchasing Agent
Date
Approved By
Administrative Services
Purchasing
10110120062:24 PM
Mike Hauer
Acquisition Manager
Date
Approved By
Administrative Services
Purchasing
10/10120063:46 PM
Approved By
Steve Carnell
Administriltlve Services
Purchasing/General Svcs Director
Date
Purchasing
10/11120061 :58 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
101131200610:53 AM
Pat Lelmhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
101131200611:29 AM
Mark' Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10116/20061:56 PM
Approved By
James V. Mudd
Board of County
CommIssioners
County Manager
Date
County Manager's Office
10117120069:50 AM
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Agenda Item No. 1688
October 24, 2006
Page 7 of 10
GOLDEN GATE M.S.T.U. ADVISORY
COMMITTEE
2885 Horseshoe Drive
Naples. FL 34104
October 10, 2006
MINUTES
I. The meeting was called to order by Darryl Richard at 4:10 p.m. due to
the absence of a Chairman and Vice-Chairman.
It was decided to have Pat Spencer act as Chairman for the day.
II. Attendance
Members: Peggy Harris, Ginger Martin, Patricia Spencer.
County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project
Coordinator.
Others: Michael McGee- McGee & Associates, Dan Mote, Frank Kip and
Michael L. Luneke- Advanced Lawn & Landscape, Rick Sims, Barbara
Segura, Michelle Guerrero- Mancan.
III. Approval of Agenda
Add:
_ Line item "VIII. New Business, B. Golden Gate and Santa Barbara Sign
Lighting"
- Line item "V. Hanula Landscaping and Irrigation Bid"
Ginger Martin moved to approve the agenda as amended. Second by
Peggy Harris. Motion carries unanimously 3-0.
IV. Approval of Minutes: September 12,2006
Ginger Martin moved to approve the September 12, 2006 minutes.
Second by Peggy Harris. Motion carries unanimously 3-0.
V. Hannula Landscaping and Irrigation Bid
Executive Summary "Recommendation to award Bid #06-4034 Golden
Gate MSTU - Sunshine Boulevard Landscape & Irrigation Installation to
1
Agenda Item No. 1688
October 24, 2006
Hannula Landscaping, Inc. with a base amount of $289,460.64 and 10%ge 8 of 10
contingency of $28,946.00 for a total of $318,406.60" (see attachment)
was reviewed.
Bonness Inc. has not installed the sleeveing, lighting or replaced the
defective curbing; they have a deadline of October 18th. Darryl Richard
will set up a meeting with the Purchasing department to review this
contract, deadline, and recourse for an incomplete job. Hannulas prices
for the sleeveing will be compared with pricing from Bonness.
Peggy Harris moved to approve Executive Summary
"Recommendation to award Bid #06-4034 Golden Gate MSTU -
Sunshine Boulevard Landscape & Irrigation Installation to Hannula
Landscaping, Inc. with a base amount of $289,460.64 and 10%
contingency of $28,946.00 for a total of $318,406.60." Second by
Ginger Martin. Motion carries unanimously 3-0.
VI. Landscape Maintenance Report - Advanced Lawn
A. Maintenance Report
Trimming was preformed
Saturday and Sunday mulch will be applied (the application
schedule will be set around the Parade on Saturday at 10:00 a.m.
to 12:00 p.m.)
- A line broke on Tropicana; it has been repaired
- A tank was replace on Tropicana
A water truck can be ordered if an irrigation system is not functioning
for 6-7 days. Roger Dick can have daily correspondence with Dan
Mote on the watering schedule. Advanced Lawn & Landscape Service
will be removing any of the dead plants from the free plantings.
VII. Landscape Architects Report - Michael McGee
A. Landscape Update
Michael McGee would like Advanced Lawn & Landscape Service to
make sure to water.
B. Update on Sunshine Project -Michael/Darryl
Previously addressed.
VIII. Transportation Operations Report
A. Current Budget - Tessie Sillery
The budget report will be given at the next meeting with some
modifications.
2
1. Line Item for Administration Cost
Agenda Item No. 1688
October 24,2006
Page 9 of 10
Darryl Richard will report back on this issue next month. It was
requested to have Sharon Newman make a report at the next
meeting.
2. Line Item for Road Mowing fund transfer
It was explained that the Transportation Department transfers funds
into the Golden Gate MSTU for mowing so that when all of the
funds have been used up and more mowing is required then the
funds are taken from the Golden Gate MSTU.
This item will be addressed again for a detailed explanation at the
next meeting.
B. Project Manager Report - Darryl Richard
The report was distributed (see attachment).
IX. New Business
A. Grants Coordinator
The Grants Coordinator was not available to address the issue.
-
B. Golden Gate and Santa Barbara Sign Lighting
X. Old Business
A. Update on Golden Gate Parkway Bridge - Pat
A structural engineer has been hired. No work on bridge construction
will be going forward for 6-9 months.
IX. New Business
B. Golden Gate and Santa Barbara Sign Lighting
Pat Spencer suggested new lighting for the Golden Gate and Santa
Barbara sign when it is relocated. Open discussion ensued on who will
have to pay for the sign relocation.
X. Old Business
C. Master Plan Discussion
.-
A purchase order needs to be issued. This item will be addressed at
the next meeting.
XI.
Public Comments
3
Agenda Item No. 1688
October 24,2006
Page 10 of 10
None
There being no further business to come before the Committee, the meeting was adjourned
at 5:12 p.m.
The next meeting is scheduled for November 14th, 4:00 PM
At Golden Gate Community Center
Naples, FL
4
Agenda Item No. 1689
October 24, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Approve a FY 07 Budget Amendment in the amount of $150,000 establishing
current year appropriation for remittances to the Southwest Florida Expressway
Authority.
OBJECTIVE:
Approve a FY 07 budget amendment establishing current year appropriation for
remittances to the Southwest Florida Expressway Authority.
CONSIDERATIONS:
The Board of County Commissioners on July 25,2006 (agenda item lOH) approved an
initial appropriation of$150,000 as seed money for the Southwest Florida Expressway
Authority. Subsequent to this action, the BCC on September 26,2006 (agenda item
16B5) , directed that a portion of the $150,000 appropriation or $25,000 could be
allocated for hiring a certified public accountant in order to establish and regularly
administer Authority finances.
,"-
It was anticipated that all required purchase orders would be encumbered during FY 06
and subsequently rolled into FY 07 with no further Board action required. However, due
to delays in the consultant hiring process, the purchase order was not issued in FY 06. As
a result, funds must be re-budgeted in line with previous BCC direction.
FISCAL IMPACT:
This FY 07 budget amendment will move money from General Fund (00 I) reserves and
establish the expense budget within general administrative cost center (100190).
GROWTH MANAGEMENT IMPACT:
The widening ofI-75 to ten (10) lanes is consistent with the County's Growth
Management Plan and the MPO's Long Range Transportation Plan.
RECOMMENDATION:
That the Board of County Commissioners approves an FY 07 budget amendment in the
amount of $150,000 establishing current year appropriation for remittance to the
Southwest Florida Expressway authority.
Prepared by: Mark Isackson, Office of Management and Budget.
,.........
Agenda Item No, 1689
October 24, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1689
Meeting Date:
Approve a FY07 Budget Amendment In the amount of $150,000 establishing current year
appropriation for remIttances to the Southwest Florida Expressway Authority
10/24/20069,0000 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
10/17/20061 :57 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10/17120064:01 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/17120064:21 PM
Agenda Item No. 16C1
October 24,2006
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve a Donation Agreement and accept an Access Easement
from The Preserve at the Shores at Berkshire Lakes Condominium Association, Inc. to
provide legal access to Lift Station #313.19 at a cost not to exceed $3,800.
OBJECTIVE: The public purpose is to obtain authorization from 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 (Board), to
approve a Donation Agreement and accept an Access Easement from The Preserve at the
Shores at Berkshire Lakes Condominium Association, Inc. (Owner) conveying access to Lift
Station #312.
,--
CONSIDERATION: Wastewater Lift Station #313.19 is located off Berkshire Pines Drive
within The Preserve at the Shores at Berkshire Lakes (see location map). A Florida Power &
Light Company transformer and other public utility infrastructure effectively blocks access
between the lift station and the right of way of Berkshire Pines Drive. As a result of the
blocked access, the Wastewater Department has been required to utilize an alternative route
for maintenance and operation of the lift station, and an access easement from the Owner is
required for this use. The new access point is off a cul-de-sac behind the station which is
better for Public Utilities and will allow our equipment to be off the main road when
performing maintenance on the station. The only viable alternative route is located within a
platted preserve area. The proposed access is a better, more efficient and compatible access
for County vehicles and equipment. Use of the preserve area for access has created a
violation of the Collier County Land Development Code. In order to cure the code violation
and permit utilization of a portion ofthe preserve area for access, a Preserve Restoration Plan
has been prepared, which provides for replacement plantings to mitigate for the plantings lost
in the access easement area.
Owner has agreed to donate the Access Easement measuring approximately 15- feet in width
and forty seven- feet in length.
The Donation Agreement, and Access Easement, and Preserve Restoration Plan have been
reviewed and approved by the Wastewater Collections Department, Code Enforcement, and
the County Attorney's Office.
FISCAL IMPACT: The total cost should not exceed $3,800 ($2,317 for the Preservation
Restoration Plan, $822 for plants and installation, and $661 for title commitment, title policy,
and recording of documents). Funds in the amount of $3,800 are available for this project.
Funds are available in County Water-Sewer Fund 408.
GROWTH MANAGEMENT IMP ACT: There is no impact on growth management
related to this project.
RECOMMENDATION: That the Board of County Commissioners:
,,,,,,........
1. Approve the attached Donation Agreement and accept the attached Access
Easement; and
,,"-"
.....-'
Agenda Item No. 16C1
October 24, 2006
2. Authorize Chairman Halas to execute the Donation Agreement on behaliPtl~EtIreof 10
Board; and
3. Authorize staff to prepare related vouchers and Warrants for payment; and
4. Direct the County Manager or his designee to proceed to follow all appropriate
closing procedures and to record the Easement and any and all necessary
documents to obtain clear title.
PREPARED BY:
Marlene 1. McLaughlin, Property Acquisition Specialist
Real Estate Services/Facilities Management Department
Item Number:
Item Summary:
Meeting Dale:
Agenda Item No. 16C1
October 24, 2006
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C1
Recommendation to approve a Donation Agreement and accept an Access Easement from
The Preserve at tt1e Shores at Berkshire Lakes Condominium ASSOCiation Inc. to provide
legal access to Lift Station #312 at a cost not 10 exceed S3.800.
1012412006 90000 AM
Property Acquisition Specialist
Date
Prepared By
M arlane McLaugl11i n
Administrative Services
Real Estate Services
10/6/20062:59:36 PM
Wastewater Collections Manager
Date
Approved By
Stephen L Nagy
Public Utilities
WasteWater
10/612006 3:00 PM
Skip Camp, C.F.M,
Facilities Management Director
Date
Approved By
Administrative Services
Facilities Management
1016/20064:00 PM
Toni A. Matt
Real Property Supervisor
Date
Approved By
Administrative Services
Facilities Management
10/6120064:50 PM
Marlene McLaughlin
Property Acquisition Specialist
Date
Approved By
Administrative Services
Real Estate Services
1 0/612006 5: 16 PM
Approved By
Thomas Wides
Public Utilities
Operations Director
Date
Public Utilities Operations
1019/20068:03 AM
Senior Field Supervisor
Date
Approved By
James A. Gammell
Public Utilities
WasteWater
10/9/2006 9:34 AM
Operations Manager
Dllte
Approved By
Ron Molly
Public Utilitles
Wastewater
10191200610:05 AM
G. George Yilmaz
WasteWater Director
Date
Approved By
Public Utilities
WasteWater
10110120063:53 PM
James W. DeLony
Public Utilities Administrator
Date
Approved By
Public Utilities
Public Utilities Administration
10/11120062:53 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
10/12120067:52 AM
Randy Greenwald
ManagemenUBudget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10113120069:27 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10113/200611:41 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10113/20065:13 PM
Agenda Item NO.1 C1
October 24, 2 06
Page 4 0 10
PROJECT: Preserve at the Shores at Berkshire Lakes
FOLIO: 68390002420
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between THE PRESERVE AT THE SHORES AT BERKSHIRE
LAKES CONDOMINIUM ASSOCIATION, INC., a Florida Non Profit Corporation,
(hereinafter referred to as "Owner"), whose mailing address is 7845 Berkshire Pines Drive,
Naples, Florida 34104, 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, (hereinafter referred to as "CCWSDn), whose mailing address is 3301 Tamiami
Trail East, Naples, Florida 34112.
WITNESSETH:
WHEREAS, CCWSD has requested that Owner convey to the CCWSD a perpetual,
non-exclusive access easement over, under, upon and across the lands described in Exhibit
nA" (said easement hereinafter referred to as the "Property"), which is attached hereto and
made a part of this Agreement for the purpose of operating and maintaining utility facilities
adjacent thereto; and
WHEREAS, Owner desires to convey the Property to CCWSD for the stated purposes,
on the terms and conditions set forth herein; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
to the CCWSD for the stated purposes, on the terms and conditions set forth herein, said
terms including that no compensation shall be due and payable for the Property requested by
CCWSD; and
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. Owner shall convey the Property via a Utility Easement to CCWSD at no cost to
the CCWSD, unless otherwise stated herein.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their recording
in the publiC records of Collier County, Florida. Owner shall provide such instruments,
properly executed, to County on or before the date of Closing.
3, Closing shall occur within sixty (60) days from the date CCWSD executes this
Agreement; provided; however, that CCWSD shall have the unilateral right to extend the term
of this Agreement pending receipt of such instruments, properly executed, which either
remove, release or subordinate any and all such liens, encumbrances or qualifications
affecting CCWSD enjoyment of the Property.
4. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws, that no
hazardous substances have been generated, stored, treated or transferred on the Property
except as specifically disclosed to CCWSD; that the Owner has no knowledge of any spill or
environmental law violation on any property contiguous to or in the vicinity of the Property to
1
"
Agenda Item No, 16C 1
October 24, 2006
Page 5 of 10
be conveyed to CCWSD, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b). any existing or threatened environmental lien
against the Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
6. CCWSD shall pay for all costs of recording the conveyance instrument, and
recording costs for any curative instruments, in the Public Records of Collier County, Florida.
All other costs associated with this transaction including but not limited to transfer,
documentary and intangible taxes shall be borne and paid by CCWSD. The cost of the title
commitment shall be paid by CCWSD.
7. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the context so
requires or admits.
8. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein.
9. CCWSD shall cure Collier County Code Enforcement Case Number 2004030401 by
the implementation of a staff approved preserve management and restoration plan. The cost
of the ecological services for the exchange of the proposed 653.05 square foot access
easement area (more or less) will be borne by CCWSD. The Preserve at the Shores at
Berkshire Lakes Condominium Association, Inc. ("Association") reserves the right to conduct
the planting of the required shrubs and grasses as per an approved preserve management
and restoration plan. If the Association does not so elect within sixty (60) days of the
CCWSD's request to do so, CCWSD or its agents or contractors may enter upon the
Association land for implementation of the restoration plan. Future maintenance of the
preserve area remains the Association's responsibility.
10, This Agreement is governed and construed in accordance with the laws of the State
of Florida.
2
Agenda Item No. 1 ~c 1
October 24, 2 06
Page 6 0 10
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC:
AS TO CCWSD:
DATED:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
ATTEST:
Deputy Clerk
BY:
Frank Halas, Chairman
AS TO OWNER:
WITNESSES:
()
{~J
The Preserve at the Shores at
Berkshire Lakes Condominium
Association, Inc" a Florida Non
Profit Corporation
Name: ~ .6/i'UAI AJC f
(Print or Type)
/
By/
Harvey R nthal, President
7845 Berkshire Pines Drive
Naples, Florida 34104
Approved as to form and
legal sufficiency:
ILL h1(L ..//~
Allen T. Chadwell
Assistant County Attorney
3
O. J6C1
October 4, '~006
P,O,C. Pag 7 r 10
I
-
EXHIBIT A LOT 39
__~ I ~_N=~~
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SCALE: 1"=10'
~
0" . '5' 10'
'"
~
q
P.O,B,
20'
-a
(JOIO
''4
80
"-
.
TRACT Pl
lIE
\
\
COUNTY UTILITY EASEMENT
TRACT Pl
/".",
/ '"
/ '"
/ / TRACT A '"
/
LEGAL. DESCRIPllON:
A PORTION OF TRACT P-l AS SHOWN ON THE PLAT OF THE PRESERVES
AT THE SHORES AT BERKSHIRE LAKES AS RECORDED IN PLAT BOOK 30,
PAGES 96 THROUGH 98 OF THE PUBLIC RECORDS OF COLlIER COUNTY,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING' AT THE SOUTHWEST CORNER OF TRACT P-l OF THE
PRESERVES AT THE SHORES AT BERKSHIRE LAKES, AS RECORDED IN
PLAT BOOK 30. PAGES 96 THROUGH 98 OF THE PUBLIC RECORDS OF
COLLIER COUNTY; THENCE N,89'S2'S9"E.. A DISTANCE OF 30.00 FEET TO
THE EASTERLY LINE OF THE COUNTY UTILITY EASEMENT SHOWN ON SAID
PLAT; THENCE N.00'07'01"W., ALONG SAID EASTERLY LINE A DISTANCE OF
16.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
N,OO'07'Ol"W" ALONG SAID LINE, A DISTANCE OF 1.3.60 FEET; THENCE
S.89'S2'S9"W. ALONG THE NORTHERLY LINE OF SAID COUNTY UTILITY
EASEMENT, A DISTANCE OF 7,04 FEET; THENCE N.SO'SO'07" E.. A
DISTANCE OF 48.32 FEET TO ITS INTERSECTION WITH THE
SOUTHWESTERLY LINE OF TRACT A AS SHOWN ON SAID PLAT or THE
PRESERVE AT THE SHORES AT BERKSHIRE LAKES, SAID POINT BEING THE
POINT OF CURVE OF A NON TANGENT CURVE TO THE LEn. or WHICH
THE RADIUS POINT LIES S,80'24'06"W,. A RADIAL DISTANCE OF 4S,OO
FEET AND HAVING A CHORD BEARING or 5.19'46'31"[" 1S.90 FEET;
THENCE SOUTHERLY ALONG THE ARC, AND ALONG THE WESTERLY LINE
OF'TRACT A, THROUGH A CENTRAL ANGLE OF 20'21'14", A DISTANCE Of
lS,99 FEET; THENCE S.SO'SO'07"W" A DISTANCE OF 46.14 FEET TO THE
POINT or BEGINNING,
CONTAINING 6S3.0S SQUARE FEET OR 0.01S0 ACRES. MORE OR LESS,
NOTES:
1, BASIS OF BEARING IS SOUTH LOT LINE OF
TRACT P-l or THE RESERVES AT THE
SHORES AT BERKSHIRE LAKES. PHASE ONE
BEING N89'S2'S9"E.
2. THIS PROPERTY IS SUBJECT TO ANY rACTS
THAT MAY BE REVEALED WITH A FULL AND
ACCURATE TITLE SEARCH.
3, ALL DIMENSIONS ARE IN FEET AND
DECIMALS THEREOr, UNLESS OTHERWISE
NOTED.
LEGEND
P,O.B, - POINT OF BEGINNING
P,O.C, - POINT or COMMENCEMENT
FOR THE EXCLUSIVE USE OF:
COLLIER COUNTY WASTE WATER MANAGEMENT
,P,S ,(FOR THE FIRM)
FLA, L1C. NO. S834
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
This is NOT a Survey.
WI/.Mllle, -"'='~
,......,........~.~.~........,............c..IIlflII
_,tlc
_""'Lftl Nt lilt. ...................,. "".. ........ ,. ~. ....... -..........
~ IIllI IHIIf IIlWIINO IIIIIX IIllI
N823S-00S-002 I ctI" I IC-37
2006 - 14:42:H TOSBORNElx:\SUR\N8235\PUIolP STATIONS (T.o"")\ 1 C-37(tmne).dw9
~.'l
r~
,- .....
Agenda Item No, 1 C 1
October 24, 2 06
Page 8 0 10
PROJECT: Preserve at the Shores at Berkshire Lakes
FOLIO: 68390002420
ACCESS EASEMENT
THIS EASEMENT, made and entered into this A day of ~f.Or~-Wt~ 2006, by THE
PRESERVE AT THE SHORES AT BERKSHIRE LAKES CONDOMINIUM ASSOClblON, INC., a
Florida Non Profit Corporation, whose mailing address is 7845 Berkshire Pines Drive, Naples, Florida
34104. (hereinafter referred to as "Grantor"), to 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,
successors and assigns, whose mailing address is 3301 East Tamiami Trail, Naples. Florida 34112,
(hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee' include all the parties to this instrument and
their respective heirs, legal representatives, successors and assigns.)
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10,00) and other valuable consideration paid by
the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants,
bargains and sells unto the Grantee, a perpetual, non-exclusive easement for access purposes, on, over
and within the following described lands located in Collier County, Florida, to wit:
See attached Exhibit "An which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY,
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land for
the purpose of constructing, operating and maintaining utility facilities adjacent thereto. The easement
granted herein shall constitute easements running with thB land and shall burden the lands described
above,
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year
first above written,
w~4~
,J(; S r ;...;eA-
(Print or ~.. ~)
~--~./...._.- -
"
THE PRESERVE AT THE SHORES
AT BERKSHIRE LAKES CONDOMINIUM
ASSOCIATION, INC., a Florida Non Profit
Corporation
By!bif:(2~
7845 Berkshire Pines Drive
Naples, Florida 34104
NOTARY PlJ!lJC.St\TE OF FLORIDA
~ Annette Hernandez
CommJssiOD #DD378236
Expires: DEe, 09, 2008
Bonded Thnl...t1antic Bonding Co" Ino,
The foregoing Access Easement was acknowledged before me this .JB. day of
~ pic , 2006 by Harvey Rosenthal, President on behalf of The Preserve at the Shor
Berkshire Lakes Condominium Association, Inc., a Florida Non Profit Corporation, who IS personally
~own to mepr who has produced as identification,
WITNESS my hand and official seal this ~day o~ ' 2006.
(affix notarial seal) a
(Signature of Notary Public) _ .-1_
lJi1rtt.J..k'" Herm~l j
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #,:(if any) ~~~~ 3<0
My Commission Expires: ~~__ ~_
~ d IS t. fOrR , leval suff\c\IfttY
~MO~~/~~
~S$ t staat eMn", ~ttorne,
Ellen i. en-Owe"
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EXHIBIT -A. LOT 39
~_.J.......oI...L- ----r - NB'52"9"~~
I~
SCALE: ," -'0'
~
0" "5' 10'
'"
'.!>
q
P.O.B.
,
20'
TRACT Pl
\
\
COUNTY UTILITY EASEMENT
TRACT Pl
/'.~
/ ~
/ ~
// TRACT A ~
/
CHORD BRG.
S 19'46'31"E
l.ECW. DESCRIPllON:
A PORTION OF TRACT P-' AS SHOWN ON THE PLAT OF THE PRESERVES
AT THE SHORES AT BERKSHIRE LAKES AS RECOROEDIN PLAT BOOK 30,
PAGES 96 THROUGH 96 OF THE PUBLIC RECOROS OF COLLIER COUNTY,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING' AT THE SOUTHWEST CORNER OF TRACT p- 1 OF THE
PRESERVES AT THE SHORES AT BERKSHIRE LAKES, AS RECORDED IN
PLAT BOOK 30, PAGES 96 THROUGH 96 OF THE PUBLIC RECORDS OF
COLLIER COUNTY; THENCE N.B9'S2'S9"E" A DISTANCE OF 30.00 FEET TO
THE EASTERLY LINE OF THE COUNTY UTILITY EASEMENT SHOWN ON SAIO
PLAT; THENCE N.OO'07'Ol"W" ALONG SAID EASTERLY LINE A DISTANCE OF
16.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
N,OO'07'01"W" ALONG SAID LINE, A DISTANCE OF 13.60 FEET; THENCE
S,B9'SZ'S9"W, ALONG THE NORTHERLY LINE OF SAID COUNTY UTILITY
EASEMENT, A DISTANCE OF 7,04 FEET; THENCE N,SO'50'07"E.. A
DISTANCE OF 46,32 FEET TO ITS INTERSECTION WITH THE
SOUTHWESTERLY LINE OF TRACT A AS SHOWN ON SAID PLAT OF THE
PRESERVE AT THE SHORES AT BERKSHIRE LAKES, SAID POINT BEING THE
POI~T OF CURVE OF A NON TANGENT CURVE TO THE LEFT. OF WHICH
THE RADIUS POINT LIES S,60'24'06"W" A RADIAL OISTANCE OF 4S,OO
FEET AND HAVING A CHORD BEARING OF S.19'46'31"E., IS.90 FEET:
THENCE SOUTHERLY ALONG THE ARC, AND ALONG THE WESTERLY LINE
OF' TRACT A, THROUGH A CENTRAL ANGLE OF 20'21'14", A DISTANCE OF
15.99 fEET; THENCE S.50'5D'07"W., A DISTANCE OF 46,14 FEET TO THE
POINT Of BEGINNING,
CONTAINING 653,05 SQUARE fEET OR 0.0150 ACRES, MORE OR LESS.
NOTES:
1, BASIS Of BEARING IS SOUTH LOT LINE OF
TRACT P-l OF THE RESERVES AT THE
SHORES AT BERKSHIRE LAKES, PHASE ONE
BEING NB9'S2'59" E,
2, THIS PROPERTY IS SUBJECT TO ANY fACTS
THAT MAY BE REVEAlED WITH A FULL AND
ACCURATE TITLE SEARCH,
3, ALL DIMENSIONS ARE IN fEET AND
DECIMALS THEREOF. UNLESS OTHERWISE
NOTED.
LEGEND
P,O,B. - POINT OF BEGINNING
P,O.C. = POINT OF COMMENCEMENT
FOR THE EXClUSIVE USE Of:
COLLIER COUNTY WASTE WATER MANAGEMENT
. P,S, . (fOR THE fiRM)
FLA. lIC, NO, 5834
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A fLORIOA
LICENSED SURVEYOR AND MAPPER
This is NOT 8 Survey.
WI/.MII/e, -=r.==...
..............................,..,.~......................~
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2006 _ 14:42:24 TOS80RNElX:\SUR\N823S\PUlAP SIATlONS (I<ono)\ lC-37(t,ono).dwq
IHI:lf
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Agenda Item No. 16C1
October 24, 2006
Page 10 of 10
LOCATION MAP
The Preserve at the Shores at Berkshire Lakes
. Blue square depicts the approximate existing easement for
Lift Station #312
. Yellow lines depict the approximate proposed easement area to the lift
station
. Agenda Item No. 16C2
October 24,2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to convey a Utility Easement to the Water-Sewer District for the
construction and maintenance of a water transmission main on property owned by Collier
County at Goodland Park.
OBJECTIVE: That the Board of County Commissioners of Collier County, Florida (Board)
convey a Utility Easement to 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 (District). The public purpose is to provide the Utility Easement
required for the construction and maintenance of the Water Main Expansion Project for the
Goodland Water Main Project.
CONSIDERA liONS: The Project involves the expansion of the eXlstmg water main on
Goodland Park property. The purpose for the expansion is to provide service to the residences
located on Palm Point Drive. The location of the Project is shown on the attached location map.
The attached Utility Easement has been reviewed and approved by the County Attorney's Office
and the Public Utilities Division.
FISCAL IMPACT: The total cost will not exceed $18.50 for the recording of the Utility
Easement. Funds for this $18.50 obligation are available in the Goodland Water District Fund
~ (441).
GROWTH MANAGEMENT IMPACT: The Project is consistent with, and furthers the goals,
objectives, and policies of, the Collier County Growth Management Plan.
RECOMMENDATION: That the Board:
1. Approve and authorize Chairman Halas to execute the attached Utility Easement;
and
2. Accept the attached Utility Easement; and
3. Direct the County Manager or his designee to proceed to follow all appropriate
closing procedures and to obtain clear title and any and all necessary documents to
the Utility Easement.
PREPARED BY:
Jason Bires, Property Acquisition Specialist
Real Estate ServicesIFacilities Management Department
-~~-.
r
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C2
October 24, 2006
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C2
Recommendation to convey a Utility Easement to the \Nater"Sewer District for the
construction and maintenance of a water transmiSSion main on property owned by Collier
County at Goodland Park
10124/20069.0000 AM
Property Acquisition Specialist
Date
Prepared By
Jason Bires
Administrative Services
Facilities Management
9/25/20064:31:31 PM
Pamela Libby
Water Operations Manager
Date
Approved By
Public Utilities
Water
9/26/2006 1 : 11 PM
Skip Camp, C.F.M.
Facilities Management Director
Date
Approved By
Administrative Services
Facilities Management
9/2812006 3: 21 PM
Approved By
William D. Mullin, PE
Public Utilities
Principal Project Manager
Date
Public Utilities Engineering
9/29/20068:57 AM
Public Utilities Engineering Director
Date
Approved By
Roy 8. Anderson, P.E.
Public Utilities
Public Utilities Engineering
10/2/200612:37 PM
Toni A. Mott
Real Property Supervisor
Date
Approved By
Administrative Services
Facilities Management
10/3/2006 9:01 AM
Thomas Wides
Operations Director
Date
r
Approved By
Public Utilities
Public Utilities Operations
10/4120063:49 PM
Public Utilities Administrator
Date
Approved By
James W. DeLany
Public Utilities
Public Utilities Administration
10/10/2006 2:49 PM
Administrative Assistant
D(;lte
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
10/11/20062:40 PM
Randy Greenwald
Management/Budget Analyst
Date
Approved By
County Manager's OffIce
Office of Management & Budget
10/12/20069:30 AM
Michael Smykowski
Management & Budget Director
Date
App roved By
County Manager's Office
Office of Management & Budget
10/13/20069:42 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/13/200610:36 AM
,-..
Agenda Item NO.1 C2
October 24,2 06
Page 4 f 5
/'-
PROJECT: Goodland Water Main
FOLIO: 46372960201
UTILITY EASEMENT
THIS EASEMENT, made and entered into this day of , 2006 by
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose post
office address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as
"Grantor", to 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, whose post
office address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns,
hereinafter referred to as "Grantee".
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration
paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby
conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual,
non-exclusive easement for utility purposes and access on the following described lands
located in Collier County, Florida, to wit:
See attached Exhibit" A" which is
incorporated herein by reference,
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter
upon said land, excavate, and place or remove materials, including, but not limited to, water
lines and pipes and other equipment or improvements appurtenant thereto or thereunder for the
purpose of constructing, operating, and maintaining utility facilities thereon, The easement
granted herein shall constitute easements running with the land and shall burden the lands
described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
ATTEST:
DWIGHT E, BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
,Deputy Clerk
Frank Halas, Chairman
Approved as to form and legal
su . iency
-
It'ATERWAY
o 50' 100'
!""""""'I
SCALE IN fEET
/
DESCRIPTION:
A PARa:l or lAHO LOCATW IN Sl.CnOHS 1l!J AND Ill. T()llIN$HIP !l2 SOUnl. tl'lNGE H ["ST. Cou.llll: CCUriT'f. ~LORIOA .EINC WORE ,...RncuL.AIl'LY OU~O "S fCl.LOWS;
COWW(Na: AT THE h'OR'n€AST CORtER Of lOT ~. 8LOD: "f' a GC<XIl..AHO ISlES St:CCI'ID JI,OOlTlON. A g"e0l~ IIECOROE'D IN Pl"T BOQI( e. ,...01: ,.. or TM( PlJtIUC
MCORDS OF ca..1J[R CQJNTY, ~lOInOA ~ IlUN SOIJTI-l 1'1"']. [AS1 "'-Ol\le 'Of[ (AST liNt OF 5-U) LOl !.l. A Dl51AHCE I:Y M.1~ fITT 10 1ll[ SOlJ1H[,t..$T CClIl'N[I'l (Y
SAID LOT ~ MIOCf SCltJ'1H '~'1'?O" (AST AlONe THE llII[ST UHE or TI-1( PROP{ItTY AS ()[CIllBCD IN ornCl..... AtCCRCl'S 8ocP: 21172, PAc;[ 2M' or SAm PUll.IC lII(COItDS
AND Tl1E ''II(Sf lJN[ Of A )O-fOOT IlCC(SS [AS(',l'IJf1, A DISTANCE or J<<I.~ ruT TO TI-4: NOItTl4'tl(STtIl'lY CORNEt a ll1E ~tTY "'5 MCMlftD N Cln'lCl.... RECORDS
800K J745. PAC( 2l"~ or SAID PLIIIUC RECORDS;; Millet SOJTl4 72'!l'll" EiU.l ALOMlt JMl SOJ~'SlEJlLY LN( or SAID ~RTY ol.!J ()(CtlI9ED" I"1OAl N:CCIt05
lIOOK N12, PAGl 2M7, .. l)IST,f.NC( or 128.00 n:El: 1l-ll:NCi HOIlTl-l 1]-,0'..... YlEsr, A OI5TAMU or 13.016 'to: 'IHlHCt NCRlll 7TI!l.1'" 'llE5T, PMAU.tl,. M..,. AiHll ,.
~ ~A:$ ~~~;:: ~o r:~T~ ~A s:.~::~~~~E~~~~.~ ~~";:~04Of rr.~T~ ..~~~ :-: '~;tL:S~ ~~~:: ,:'';'':~AA
c.; P\..At or tlClClOl.ANO ISlES St:CQNO AllOIlION. lHI:MC[ SOUTH 7".41'12" WEST AlONe SAID 'SOUTH LJN(, A DtSTANCE Of 50.10 rtrT TO fH[ SAID I"OINT or.~
CONTA_C 2".3'~t1l!J SQUAll{ frET OR c.~ ACRES or u'NC. WOff[ OIl L[SS.
g NOTES:
~ or rlELO WORK WAS .lIt.Y 12, 2006.
N ~8E~:: ;A;:;:le~:,,,r::C:::':r,JJL"T fir GOClOl.NlD I'SUS 5(COND .AllOll104, W,.,.. -. 8[ARlIOC ON M [AST
00 3. TH( Pll'P05I: Of' THIS 5l.RVEY _AS TO LOCA'lt THE lJNtJ[ItGftOt.NO "A'!tlt UN[ A!; $HOlIlH NO OIK'll """0'0(101[1\I15
<( W[II[ LOC..ftt).
., flojlS 5UfI1jI['f I!; SU8J[c:T TO NI'f ~"CT5 ~AT WAY 8E 0i50.0SE0 ''1' A ~vu AND ACCVRATt Jl"ll! $(AI!~
!l, TMS lWRl/'EY DO(S NOT WNC:[ ANY ft[P'Jl[5(MTAlK>>I AS TO 10NlNC CII DEVE.LOPtII[MT ItESTlIIlClJOto/S ON THE. 9J8.ECT
~ :~'V'[D PMa:l rs LOC-.TtD ~ f'tWA nooo 2(w[ M: ACCOIIOlNG TO ~1IlV COIAlIJNIT'l" "AHEl 12tl21ClltlnG ...11-1 A
8AS( ~lOOD t1LYAncN Of II FEeT (11I"''1/0 Be) OR 12,' (HC'o'D 29), (PAHrL DATtD NO\/tU!lE1I 11. l'OO!ll
., 1. 1HE PAJtC,H Of" LNlC AS ~~ ANO DESQIIBtD M[MOU IS IASlD ON 1M( Al:CORD PLAT Of GOOOlAMO ISlES
S[CONC Al)l)l1I()N .um ,CJFl1CIAl R(COItOS P1tOWlED 81 THE ClJ(NT """IS PMeu II(PlIIESEN1S tl>([ LMTS Of ~ W...-rlA
. lIHt lOCAllOH AND IS NOT A BCIUNOAAY Sl/III'\IEy, TH[ pAJtal. ctNTAlHS 24,]1!l,6(I 'SOJ.ul( ~[[T 01'1 (l.~~ ACJl(!; Of
UMO. IoIClII'( OR lLS5.
; :: :.t:~~r.~~ ~=~III:: TH~~~ ,,:"~W~~~ ~SIJ=::~o~";~~ ~y1\i;:s':lml1~ AS 10
_ M OElJN[AllON Of ANT ..IJRISOlCTlatAl.- lINES eXCEPT AS SHOWlll OR HOltO H[It[(lN
~ ~~ ::"6.= =O(~c:.Alw:S~~ :~!I~E=:~l": ~~.. ~/w=: :=~
~ SlAMDARDS (61cn-6~AG)
<0 '1, lJLVATICINS AIlE !lASED ON NATI(Iol"l aCOU1C VERTICAL OATl.Jtol. 1129 NlOIoITlOAL 8{14().fWA.Ill( SI.AWJ>{D 812 4019
~ ~~:~U:~"'~~~;'::::T~ or ~n FrE1 AMO TIOAL IIf':lIoICt;W,Un( 5TNI/P[D l!J72 "9ll C roM "',.,.. "
on
LEG END:
)l 00' ... SPOT El[VAT'lON ClIO TOP Of PtP{
0.1t,9 ... OfT!CIoAI. It[ClllIlOS--=-
SURVEYOR'S CEIlTIFICATION:
a_r E. 5,.... (for tM ~.... u:,U2)
P,..'-...... L-.l Sur"-)lllll'
n.......o Cll'tlllcot. No. 5Je!l
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L,co.._s..'''l'W...dlollo~.
JOll N ~(~)N
REVISED 6-1~ 200& TO CORRECT DESCRIPTION
AN U
NA.PLES, FLORIDA 34 ~ 12
PHONE (239) 434-0333
FAX (239) 434-9320
E8. H642 & L.8. #642
1 Of 1
AS-BUILT SURVEY
ENGINEERING
712006
Agenda Item No.1 C2
October 24, 06
Page 5 f 5
:Bm
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Agenda Item No. 16C3
October 24,2006
Page 1 of 8
Executive SUmmary
Recommendation to approve Work Order # UC-250 under Contract # 04-3535,
Annual Contract for Underground Utilities Contracting Services, to Kyle
Construction, Inc. in the amount of $933,820.00 for construction of fire and
irrigation water system improvements in Pelican Bay, Project Number 74023.
OBJECTIVE: The public purpose of this project is to ensure the long-term reliability of
the Pelican Bay fire protection water system. This is being accomplished by converting
the fire protection water supply from the irrigation quality water system to the County's
potable water system.
CONSIDERATION: The Pelican Bay Fire & Irrigation Water System Improvements
project has been implemented in phases commencing in the year 2001. The work being
performed under this work order is part of the final phase of this project for conversion of
the fire protection systems in Pelican Bay to potable water. 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.
-
The preparation of construction plans and specifications has been completed for
construction of fire and irrigation water system improvements along (1) a portion of Bay
Colony Drive with condominiums and (2) the single family area designated as The
Strand. As a result, requests for quotations were solicited from contractors under the
Annual Contract for Underground Utility Contracting Services [Contract # 04-3535,
approved by the Board of County Commissioners on March 9, 2004, Agenda Item
16(E)(6)]. The proposals are broken down into two phases as follows:
. Phase 1: Base Bid (Directional Drill)- This covers the construction III the
condominium area along Bay Colony Drive.
. Phase 2: Alternate Bid (Directional Drill) - This covers the construction in the
single family area of The Strand.
A summary of the proposals received for Phase 1 is as follows:
Contractor Amount
. Kyle Construction, Inc. $ 933,820.00
. Haskins, Inc. $1,015,400.00
. Mitchell & Stark Const. Co., Inc. $1,243,146.00
,-.
Agenda Item No. 16C3
October 24, 2006
Page 2 of 8
A summary of the proposals received for Phase 2 is as follows:
Contractor Amount
. Kyle Construction, Inc. $ 848,020.00
. Haskins, Inc. $ 919,900.00
. Mitchell & Stark Const. Co., Inc. $1,458,277.00
Based upon a review of the proposals by staff and the design professional, Wilson Miller,
Inc. (letter attached), it is recommended that Work Order # UC-250 with Kyle
Construction, Inc. in the amount of $933,820.00 be approved for construction of Phase 1
as described above.
Paragraph # 2, The Statement of Work, contained in Contract # 04-3535 limits the
amount of work orders to $750,000.00. Therefore, we are also requesting a waiver to
this provision as part of this approval. This competitive procurement strategy was chosen
because performance of this work requires a fire contractors license for which only
certain contractors under contract # 04-3535 are in possession of, and therefore, a
separate fonnal bidding process would have limited bids from essentially the same
contractors.
In addition, referring to the tabulation of proposals above, it is noted that if we were to
include Phase 2 in the amount of $848,020.00, the total amount of the work order would
be $1,781,840.00. Phase 2 involves construction of2,800 lineal feet of a new eight-inch
(8") fire line along with connections to existing services in the single family area
designated as "The Strand". Staff is currently in discussion with those property owners
to provide an alternate solution which could be more cost effective and less disruptive to
the neighborhood. Such involves converting the source of supply to the existing
fire/irrigation line from the irrigation quality water system to the County's potable water
system. This would eliminate the installation of a new fire line but would require the
owners to pay potable water rates for irrigation service. However, if the County cannot
obtain approval from all of the twelve single family owners in the Strand, it will be
necessary to add Phase 2 to the project at a later date. In that event, we will return to the
Board at that time for authorization to issue a change order to the contract to include
work in the single family area known as The Strand already included in the initial bid.
FISCAL IMPACT: The total cost associated with approval of this work order is
$933,820.00. Funding for this obligation is available in the FY07 Capital Budget adopted
by the Board of County Commissioners on September 21, 2006. Current appropriations
are identified in the County Sewer Capital Projects Fund (414), Pelican Bay Fire &
Irrigation Water System Improvements (Project Number 74023). The source of funds is
Wastewater User Fees.
,-,
GROWTH MANAGEMENT IMPACT: There IS no impact to the Growth
Management Plan related to this action.
Agenda Item No. 16C3
October 24, 2006
Page 3 of 8
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the
governing board of the Collier County Water-Sewer District:
1. Approve Work Order # UC-250 with Kyle Construction, Inc. in the amount of
$933,820.00 for construction of fire and irrigation water system improvements
along a portion of Bay Colony Drive described as Phase 1 herein.
2. Grant a waiver to the provisions in paragraph # 2, Statement of Work, of
Contract # 04-3535 to enable approval of this work order which exceeds an
amount of$750,OOO.00.
3. Authorize the County Manager or his designee to execute the Work Order after
approval as to form and legal sufficiency by the County Attorney's Office.
PREPARED BY: Harry Huber, Senior Project Manager, Public Utilities Engineering
Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C3
October 24, 2006
Page 4 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISStONERS
16C3
Recommendalion to approve Work Order # UC-250 under Contract # 04-3535. Annual
Contract for Underground Utilities Contracting Services, to Kyle ConstructIon Inc. in the
amount of S933.820.00 for construction of fife and irrigation water system Improvements at
H',€ Strand in Pelican Bay Project Number 7402:)
10/24/2006 90000 AM
Senior Project Manager
Date
Prepared By
Harry Huber
Public UtIlities
Public Utilities Engineering
9115/20063:57:18 PM
Lyn Wood
Purchasing Agent
Date
Approved By
Administrative Services
Purchasing
9/21/20068:24 AM
G. George Yilmaz
WasteWater Director
Date
Approved By
Public Utilities
WasteWater
9/21120067:22 PM
Thomas Wi des
Operations Director
Date
Approved By
Public Utilities
Public Utilities Operations
9/21/2006 7:23 PM
Roy B. Anderson, P,E.
Public Utilities Engineering Director
Date
Approved By
Public Utilities
Public Utilities Engineering
9/21120067:41 PM
Approved By
William D. Mullm, PE
Public Utilities
Principal Project Manager
Date
Public Utilities Engineering
912212006 B: 26 AM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Service!.
Purchasing
9/22/2006 1 :49 PM
James W. Delony
Public Utilities Administrator
Date
Approved By
Public Utilities
Public Utilities Administration
9/25/20065:19 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Oftlce
Office of Management & Budget
9/27/2006 8:08 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10116/20069:16AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/16/200611:30AM
e
WilsOnMiller.
....
New Directions In Planning, Design & Engineering
--
Agenda Item No. 16C3
October 2~.
pagVU
".
September 12, 2006
WM PIN: N0102-084-004
Mr. Harry Huber, P.E., Senior Project Manager
Public Utilities Division Engineering Department
3301 East Tamiami Trail
Building H, Third Floor
Naples FL 34112
Reference:
The Strand in Pelican Bay parallel water main quote tabulation
Dear Mr. Huber:
We have reviewed the quotes received from three of Collier County's Fixed Term
Underground Contractors for this project. A tabulation of the quotes is attached for your
review. A summary of the tabulation is as follows:
Category K Ie Construction Haskins, Inc. Mitchell & Stark
Base Bid (Directional Drill) $933,820.00 $1,015,400.00 $1,243,146.00
Base Bid (Open Cut) $864,120.00 $955,900.00 $1,205,950.00
Item ate Bid (Directional Drill) $848,020.00 $919,900.00 $1,458,277.00
temate Bid (Open Cut) $733,220.00 $709,900,00 $1,412,497.00
$1,781,840.00 $1,935,300.00 $2,701,423.00
$1 ,597,340.00 $1,665,800.00 $2,618,447.00
Based on the results of this tabulation, we recommend awarding the construction
contract to Kyle Construction. Kyle Construction has performed other similar project
within Pelican Bay satisfactorily and they are qualified to do this work.
Please feel free to contact me at 649-4040 or at CraioPaier@WilsonMiller.com should
there be any questions regarding this issue.
Very truly yours,
~~((~
Craig J. Pajer, P.E.
cc: Claude Nesbitt
OfficBS strategically located to serve our clients 800.649.4336
Naples/Corporate Offics 3200 Bailey Lane, Silfte 200. Naples, Florida 34105 · 239.6494040 · Fax 239.643.5716
wllsonmlller.com
WilsonMillfll;/nc. - FL Lie", LC-C000170
Agenda Item No. 16C3
October 24,2006
Page 6 of 8
WORK ORDER # UC - 250
"UNDERGROUND UTILITY CONTRACTING SERVICES"
Contract #04-3535, Dated March 9, 2004
This Work Order is for General Contractor's Services, subject to the terms and
conditions of the Contract referenced above, for work known as:
Project: Pelican Bay Fire & Irrigation Water System Improvements
The work is specified in the proposal dated September 8. 2006 from Kyle
Construction, Inc. 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 - 250 is assigned to Kyle Construction, Inc.
Scope of Work: Perform services necessary to construct the improvements shown on
the plans, including mobilization, maintenance of traffic, water and irrigation system
improvements, chlorination and bacteriological tests and site restoration.
Task I: Water and Irrigation System Improvements at "The Strand"
Category - Base Bid (Directional Drill)
Schedule of Work: Complete within 120 Calendar days.
Compensation:
In accordance with Item 4 of the Agreement, the County will compensate the Firm in
accordance with the schedule of values attached hereto in the total amount provided in
the schedule below.
Task I: $933,820.00
Total Fee: $933,820.00
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.
Work Order # UC-250
Page 2
PREPARED BY:
REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
APPROVED BY:
ACCEPTED BY:
Harry Huber, Senior Project Manager
Public Utilities Engineering Department
Stephen Y. Camel, Director
Purchasing Department
William D. Mullin, P,E" Principal Project Manager
Public Utilities Engineering Department
Roy B, Anderson, P.E., Director
Public Utilities Engineering Department
James W. DeLony, P.E., Administrator
Public Utilities Division
Kyle Construction, Inc,
Charles E. Abraham, Vice President
Approved as to Form and
Legal Sufficiency:
Assistant County Attorney
Agenda Item No, 16C3
October 24, 2006
Page 7 of 8
Date
Date
Date
Date
Date
Date
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Agenda Item No. 16C4
October 24,2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to award Bid Number 06-4017 for annual contract for chlorinator
equipment to Water Treatment Controls, Incorporated for use by the Water and
Wastewater Departments in the estimated annual amount of $500,000.
OBJECTIVE: To obtain Board of County Commissioners approval for the award of Bid
Number 06-4017, annual contract for chlorinator equipment, to Water Treatment Controls,
Incorporated.
CONSIDERATIONS: Bid Number 06-4017 for chlorinator equipment maintenance was
processed by the Purchasing Department. Thirty-four notices were distributed to potential
suppliers; one bidder submitted as requested. The Water and Wastewater Departments use this
service to complete annual inspections and all required maintenance on chlorinator equipment
located at water and wastewater treatment facilities and re-pumping stations.
""'-
FISCAL IMPACT: The actual amount to be expended will depend on any required repairs, but
is estimated to be $500,000 annually. The cost centers that will be utilizing this bid include the
North County Regional Water Treatment Plant, the South County Regional Water Treatment
Plant, Water Distribution, the North County Water Reclamation Facility, and the South County
Water Reclamation Facility. Funds are available in County Water/Sewer Fund (408), which is
funded through user fees.
GROWTH MANAGEMENT IMPACT: There is no growth management impact to the award
of this bid.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio Governing
Board of the Collier County Water-Sewer District, award Bid 06-4017, annual contract for
chlorinator equipment to Water Treatment Controls, Incorporated.
PREPARED BY: Pamela Libby - Water Operations Manager
""..-,~
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C4
October 24, 2006
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C4
Recommendation to award Bid Number 06-4017 for annual contract for chlorinator
equipment to Water Treatment Controls, Incorporated for use by the Water and Wastewater
Departments in the estimated annual amount of $500000
10/24/200690000 AM
Water Operations Manager
Date
Prepared By
Pamela Libby
Public Utilities
Water
9/26/20064:30:26 PM
Pamela Libby
Water Operations Manager
Date
Approved By
Public Utilities
Water
9/28/20069:15 AM
Jack P. Curran
Purchasing Agent
Date
Approved By
Administrative Services
Purchasing
9/28/20069:24 AM
Mike Hauer
Acquisition Manager
Date
Approved By
Administrative Services
Purchasing
9/28/2006 11 :33 AM
Paul Mattausch
Water Director
Date
Approved By
Public Utilities
Water
9/28/2006 1: 53 PM
G. George Yilmaz
WasteWater Director
Date
Approved By
Public Utilities
WasteWater
9/29/200611 :21 AM
Approved By
Thomas Wides
Public Utilities
Operations Director
Date
Public Utilities Operations
10/4/20064:16 PM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
10171200611 :11 AM
James W. Delony
Public Utilities Administrator
Date
Approved By
Public Utilities
Public Utilities Administration
10/10/20062:47 PM
Approved By
AdministratIve Assistant
Date
OMB Coordinator
County Manager's Office
Offlce of Management & Budget
10/11/20062:41 PM
Randy Greenwafd
ManagemenUBudgel Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/13/20061 :36 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10116120069:22 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/16120061 :36 PM
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Agenda Item No. 16C5
October 24, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve an annual membership for County Manager's Agency
in The Council of International Visitors in Collier County in the amount of $300,
serving a valid public purpose.
OBJECTIVE: The purpose of this request is to obtain approval for payment of annual
membership dues for The County Manager's Agency in The Council of International
Visitors in Collier County in the amount of $300, serving a valid public purpose.
CONSIDERATIONS: The Council of International Visitors in Collier County (CIVIC)
is a program of the Leadership Collier Foundation and The Greater Naples Chamber of
Commerce outreach program for international visitors in the Greater Naples Area. CIVIC
is one of ninety-five similar councils in cities throughout the country.
.~-
Membership in CIVIC serves a valid public purpose by providing an opportunity to share
the American way of life with people from other lands, and promoting a deeper
understanding for the societies and cultures of other people. In today's global economy,
recruitment efforts need to be far-reaching. CIVIC provides the networking opportunities
to participate in field trips, receptions, formal presentations and special meetings.
Membership enables the County Manager's Agency to contribute to global understanding
as an American "citizen ambassador",
FISCAL IMPACT: Funds are available in the FY07 Operating Budget in Fund 408,
210105, dues and memberships account 654210.
GROWTH MANAGEMENT IMP ACT: There IS no impact on the Growth
Management Plan.
RECOMMENDATIONS: That the Board of County Commissioners approve annual
membership for the County Manager's Agency in The Council of International Visitors
in Collier County, serving a valid public purpose.
Prepared bv: Joe Bellone, Operations Supervisor. Public Utilities Operations.
~_.
.-..
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C5
October 24. 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C5
Recommendation to approve an annual membershio for County Managers Agency In The
Council of Internatlonal VIsitors in Collier County in tne amount of $300, serving a valid public
purpose
10/24/2006 90000 AM
Operations Supervisor
Date
Prepared By
Joseph Bellone
Public Utilities
Public Utilities Operations
1019/20067:58:25 AM
Thomas Wides
Operations Director
Date
Approved By
Public Utilities
Public Utilities Operations
10/912006 8:01 AM
Public Utilities Administrator
Date
Approved By
James W. Delany
Public Utilities
Public Utilities Administration
10/10120Q6 2:48 PM
Administrative Assistant
Date
Approved By
OM B Coordinator
County Manager's Office
Office of Management & Budget
10111120062:42 PM
Randy Greenwald
ManagementfBudget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10111120064:20 PM
Michaer Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10113/2006 9:02 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/13/200611 :35 AM
r-
..
~~~J~l!&-
THE COlJNC1L rOR
INTfRNArfON~L VISITONS
IN COWER COYfiTY
The Greater Naples Chamber of Commerce
2390 Tamiami Trail N, Ste 210
Na pies, Florida 34103
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Agenda Item No. 16C6
October 24, 2006
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve Work Order ICTSCADA-3916-MAC-06-06 in the amount of
$88,456 to McKim & Creed, P.A. under Annual Contract 06-3916 for SCADA System
Upgrades at the South County Regional Water Treatment Plant, Project 71055.
OBJECTIVE: The public purpose of this work order is to expand the capabilities of the current
Supervisory Control And Data Acquisition ("SCADA") system at the South County Regional
Water Treatment Plant (SCRWTP), through upgrade of the SCADA historian and various
internal improvements to this SCADA system. These upgrades and implementations will allow
SCRWTP operations staff to optimize and enhance the water treatment processes at this facility,
through the efficient and effective utilization of advanced historical data collection, analysis,
storage, and reporting.
CONSIDERATIONS: On January 24, 2006, Agenda Item 10 D was approved by the Board of
County Commissioners, awarding Contract 06-3916 - "Annual Contract for Instrumentation,
Control, Telemetry and SCADA Integration Services." McKim & Creed is approved under this
competitively-procured fixed-term annual contract.
,-
Project 71055, "Water System SCADA & Telemetry Improvements," is included in the 2005
Water Master Plan Update adopted by the BCC on June 6, 2006, Agenda Item lOB. Included in
the strategic planning under Project 71055 are specific improvements to the SCRWTP SCADA
System.
Subsequent to the need for upgrade of the SCADA historian and other SCADA improvements at
the SCRWTP, staff requested the attached proposal from McKim & Creed. Per this proposal, the
scope of work offered by McKim & Creed is the upgrade ofthe existing SCADA historian, with
installation, programming and configuration included, and other modifications to the existing
SCADA System. The work offered by McKim & Creed will streamline the compliance-
reporting process for this facility, and will allow the operations staff to more effectively store,
recall, and analyze past performance data and process trends. This will allow a more optimized
system.
Staff recommends McKim & Creed as best qualified to deliver this scope of work. In addition to
their own capable resources, McKim & Creed will be utilizing their recently-acquired subsidiary,
Rocha Controls, to deliver this work. Rocha Controls was the Instrumentation & Controls sub-
contractor on the recent completion of the 8-MGD RO Plant at the SCRWTP. As such, their,
knowledge, experience and understanding of the systems integration is invaluable.
Staff has reviewed the proposal for $88,456 for these services, finds this offering fair and
reasonable, and recommends approval of this Work Order.
~
Per the terms of Contract 06-3916, work orders with a value exceeding $50,000 require BCC
approval.
Executive Summary
Approve Work Order for McKim & Creed - SCRWTP Historian Upgr & SCADA Improv
Page 2
Agenda Item No. 16C6
October 24,2006
Page 2 of 12
FISCAL IMPACT: Funds in the amount of $88,456 are available in Project 71055 Water
System SCADA & Telemetry Improvements. The source of funds is Water User Fees, Fund
412. This project is contained in the 2007 Fiscal Year Capital Improvement Budget approved by
the Board of County Commissioners on September 21, 2006.
GROWTH MANAGEMENT IMP ACT: This project is consistent with and furthers the goals,
objectives, and policies of the Collier County Growth Management Plan. 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, approve Work Order ICTSCADA-
3916-MAC-06-06 in the amount of$88,456 to McKim & Creed, P.A., and authorizes the County
Manager or his designee to execute the necessary Work Order.
PREPARED BY:
Dennis McGee, P.E., Instrumentation/SCADA Manager
Public Utilities Engineering Department.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C6
October 24, 2006
Page 3 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C6
Recommendation to approve Work Order ICTSCADA-3916-MAC-06-06 in the amount of
S88,456 to McKim & Creed. P ,A, under Annual Contract 06-3916 for SCADA System
Upgrades at the South County Reglonal Water Treatment Plant, Project 71055
101241200690000 AM
Senior Project Manager
Date
Approved By
Karen B. Guliani, P.E.
Public Utilities
Public Utilities Engineering
9/29/20064:14 PM
Lyn Wood
Purchasing Agent
Date
App roved By
Administrative Services
Purchasing
1012/20064:49 PM
Pamela Libby
Water Operations Manager
Date
Approved By
Public Utilities
Water
10/3/20069:06 AM
Approved By
Roy B. Anderson, P.E.
Public Utilities
Public Utilities Engineering Director
Date
Public Utilities Engineering
1013/2006 2:36 PM
Operations Director
Date
Approved By
Thomas Wides
Public Utilities
Public Utilities Operations
10/4120064:02 PM
Water Director
Date
Approved By
Paul Mattausch
Public Utilities
Water
1014/20064:35 PM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
10/6/20065:02 PM
Approved By
James W. Delany
Public Utilities
Public Utilities Administrator
Date
Public Utilities Administration
10/10/20063:49 PM
Administrative Assistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
10/11/20062:43 PM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/13/20061 :49 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10/16/20061 :45 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/17/20069:56 AM
Agenda Item No. 16C6
October 24, 2006
Page 4 of 12
WORK ORDER # ICTSCADA-3916-MAC-06-06
"INSTRUMENTATION, CONTROLS, TELEMETRY AND SCADA INTEGRATION
CONTRACTING SERVICES"
Contract #06-3916, Dated 2/01/06
This Work Order is for Instrumentation, Controls, Telemetry and SCADA Integration Services,
subject to the terms and conditions of the Contract referenced above, for work known as:
Project: Purchase, Installation and Configuration of Intellution iHistorian (1,000 Tag,
Latest Compatible Version 3.1) for Generation of DEP Required Reports, Manager
Reports and Daily, Monthly and Annual Analog Status Reporting for the South
Collier Regional Water Treatment Plant (SCRWTP).
The work is specified in the 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 # ICTSCADA-3916-MAC-06-06 is assigned to McKim & Creed,
PA., M&C # 27930004.4
Scope of Work:
Task 1.0 - Hardware and Software procurement, Evaluation of Existing and Required
DEP Reports
Task 2.0 - Evaluation of Existing and Proposed Operations Reports
Task 3.0 - Database, Daily, Monthly and Annual Reports Design
Task 4.0 - Database and Reports Implementation
Task 5.0 - Training
Task 6.0 - Miscellaneous I&C/SCADA Services
Schedule of Work: Complete within 180 Calendar days from Notice to Proceed.
Compensation:
In accordance with Item 2 of the Agreement, the County will compensate the Firm in
accordance with the negotiated lump sum amount as indicated in the schedule below (if a task
is time and material, so indicate and use the established hourly rate(s) as enumerated in
Schedule "H" of the Agreement).
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
$ 21,475.00 (Lump Sum)
$ 4,514.00 (Lump Sum)
$ 10,157.00 (Lump Sum)
$ 3,611.00 (Lump Sum)
$ 23,699.00 (Lump Sum)
$ 25,000.00 (T&M, NTE)
Total for Work Order
$ 88,456.00
Agenda Item No. 16C6
October 24, 2006
Page 5 of 12
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:
~-
,j}?j'~ .:?4.-&e QA.7/b6
Dennis McGee, lnstrumentation/SCADA Manager Date
REVIEWED BY:
1 / a f--/06
Date
AUTHORIZED BY'
APROVED BY:
Ie /) L0-
Ro B. Anderson, Utilities Engineering Director
1 z... 6(,.
Date
~Witn=2) n .
~.~
. LA-- ~
ACCEPTED BY:
Date: ~ J;,I ~ 0/1 h
BY~~
yron Conner
McKim & Creed, PA.
Fund: 412
cc: 273512
Object Code: 634999
Project Number: 71055
.
~:r\tlcKJl\1&CREED
Agenda Item No. 16C6
October 24, 2006
Page 6 of 12
ENGI!JEERS
SU~::'\r'['yC:P,S
Septem ber 15, 2006
M&C 2793-0007 P L:' I j, E R c,
Mr. Dennis McGee
Senior Project Manager
Collier County Engineering
3301 East Tamiami Trail
Naples, FL 34112
RE: Proposal for Upgrade Purchase, Installation and Configuration of GE-Fanuc
iHistorian (1,000 Tag, Latest Compatible Version 3.1) for Generation of DEP Required
Reports, Manager Reports and Daily, Monthly and Annual Analog Status Reporting
for the South Collier Regional Water Treatment Plant.
Dear Dennis:
McKim & Creed, P A appreciates the opportunity to provide the required Collector server(s) hard
drives, iHistorian 1,000 point software license and iHistorian Configuration/Report Generation
services to Collier County for the OWNER specified reports and database operations.
McKim & Creed is pleased to present this proposal to provide the above described services for
the South Central Water Treatment Plant system. The scope of work is outlined in the following
paragraphs:
Services will be provided in the following Tasks:
Task 1.0 - Hardware and Software procurement, Evaluation of Existing and Required
DEP Reports
Task 2.0 - Evaluation of Existing and Proposed Operations Reports
Task 3,0 - Database, Daily, Monthly and Annual Reports Design
Task 4.0 - Database and Reports Implementation
Task 5,0 - Training
Task 6.0 - Miscellaneous Services
SCOPE OF WORK
TASK 1.0
Existing and Required DEP Reports evaluation
" ~ , .1 -:- . t.; I ~ ;,,' f~
A.
Project Initiation Meeting
CI
";": ~; {',
:; .1 ,:1 ~ -,' r,
Conduct a project initiation meeting with the COUNTY to review the scope of
work required to complete this project and to outline the schedule for the work.
This meeting will also address the general outline and content of each report.
, .' ' .j C1f;:2 7
'h' '1/ W tn c < I " ;;. t~ ,~j 'i iT;
September 15, 2006
Page 2
Agenda Item No, 16C6
October 24, 2006
Page 7 of 12
B.
Review the existing DEP Reports
The ENGINEER and the County Stakeholders will perform an evaluation of each
report, based on Collier County requirements for outline and content and generate
draft reports as required for County review and mark-up.
C. Design each report based on COUNTY input and DEP requirements
The ENGINEER will coordinate the design of each report with COUNTY
Stakeholders and provide a submittal for review and approval.
D. Hardware and Software Procurement/lnstallation/Configuration
Obtain and install one 160GB hard drive per Collector server, procure one 20" flat
panel monitor for each Collector server, obtain and install a roll-out keyboard for
each Collector Server, obtain a 1,000 point license and provide services to install
and configure the iHistorian software. This is to include all services to configure
the core iHistorian software and import any tags from the customers existing
installation of Intellution iFlX to generate required DEP reports needed to fulfill
the scope of work.
TASK 2.0 Existing and Proposed Operations Reports Evaluation
A. Review the existing Management Reports
The ENGINEER and the County Stakeholders will perform an evaluation of each
report, based on Collier County requirements for outline and content and generate
draft reports as required for County review and mark-up.
B. Design the Database for logical operations and intuitive drill-down queries.
The ENGINEER will coordinate configuration of the database with the COUNTY
to determine required formats and query descriptions.
C. Design each report based on COUNTY input and requirements
The ENGINEER will coordinate the design of each report with COUNTY
Stakeholders and provide a submittal for review and approval.
D. Software Installation/Configuration
Provide services to configure the iHistorian software. This is to include all
services to configure the core iHistorian software and import any tags from the
customers existing installation of lntellution iFIX to generate required
Management reports needed to fulfill the scope of work.
..
$ Mcr<:l1v1&CREED
September 15, 2006
Page 3
Agenda Item No, 16C6
October 24, 2006
Page 8 of 12
Task 3.0 Provide Daily, Monthly and Annual Reports Design
A, Design each report based on COUNTY input and requirements
Based on Collier County requirements for outline and content and generate draft
reports as required for County review and mark-up.
B. Software Installation/Configuration
Provide services to configure the iHistorian software. This is to include all
services to configure the core iHistorian software and import tags from the
customers existing installation of lntellution iFIX to generate required reports
needed to fulfill the scope of work.
C. Generate Reports
Provide up to 20 reports of ALL analog data contained and processed throughout
every pertinent PLC.
Task 4.0 - Database and Reports Implementation
A. Integrate and place into operation the database and reporting.
Incorporate the iHistorian Server-to-server configuration and configure the XL
Reporter Option (2 User).
This configuration will allow access to any report from any network connected
site in the Plant System.
Task 5.0 - Training (Five weeks)
A. Provide one week of database training for Collier County Operations.
Coordinate training schedule with COUNTY Stakeholders and provide database
training to assigned personnel.
B. Provide two weeks of Report Generation training for Collier County Operations.
Coordinate training schedule with COUNTY Stakeholders and provide detailed
report generation/configuration training to assigned personnel.
B. Provide two weeks of advanced training for Collier County Operations.
.,
~MCJ<IM&CREED
September 15, 2006
Page 4
Agenda Item No. 16C6
October 24,2006
Page 9 of 12
Coordinate training schedule with COUNTY Stakeholders and provide
advanced database/report generation training to assigned personnel.
TASK 6.0 Miscellaneous Services Related to Modification and Improvements for
Existing SCADA System Components
With many on-going expansion, upgrade and modification projects and phases
underway simultaneously at the South Water Plant, the County has a need to repair,
maintain or otherwise correct components and systems subject to critical 24/7 operation.
Accordingly, McKim & Creed has been asked by the County to provide services in
support of these needs. Some of this work may include panel modifications and re-
wires of existing PLC cabinets, surge addition and/or improvement of existing
instruments and cabinets, and other areas of I&C service work. Because the work entails
several present unknown's and the overall objective is not precisely defined at this time,
McKim & Creed offers pricing under this Task as a Time-and-Materials quote (under the
established guidelines of our Fixed-Term Contract #06-3916 with the County), with a
Not-to-Exceed value of $25,000.
COUNTY RESPONSIBILITIES
. Provide assistance and access to each site as required
. Provide existing reports and database information/files.
. Meet and Coordinate with the ENGINEER on required reports and desired database
manipulations/queries.
PROJECT TEAM
Byron Conner
Gene Robinson
Dan Cote, PE
Mike Tweedel, PE
Gerhard Greeve
Eric Brown
Nicole Morris
David Robilotto
Jeane Potter
Sr, Project Manager
Sr. Project Engineer
Sr. Instrumentation and Controls Engineer
Sr. Instrumentation and Controls Engineer
Programmer
Programmer
Instrumentation/ControlslDatabase Design Engineer
Instrumentation/ControlslDatabase Design Engineer
Administrative Assistant
PROTECT SCHEDULE
Task 1.0 - Completion within 28 days from Notice to Proceed
Task 2 .0 - Completion within 28 days from Notice to Proceed
Task 3.0 - Completion within 20 days (Subsequent to Task 1 & 2)
..
$ MCJ<IM&CREED
September 15, 2006
Page 5
Agenda Item No. 16C6
October 24, 2006
Page10of12
Task 4.0 - Completion within 60 Days (Subsequent to Software Procurement)
Task 5.0 - Completion within 120 days from Notice to Proceed
Task 6.0 - Completion within 120 days from Notice to Proceed
ENGINEER'S COMPENSATION
For the above-described SCOPE OF SERVICES, the COUNTY will compensate the ENGINEER
on a Lump-Sum basis for each Task as proposed. Our fees include equipment, software, 220
hours of labor, 210 hours training and are summarized as follows:
Task 1*
Task 2
Task 3
Task 4
Task 5
$ 8,611.00
$ 4,514.00
$ 10,157.00
$ 3,611.00
$ 23.699.00
Sub-Total for Labor (excluding Task 6)
$ 50,592.00
* - (Task 1) The required software is summarized as follows:
1, 1 27200130001C I Historian 3.0 Standard Server 300 Points (Credit)
2.1 27200331001C I Historian 3,1 Standard Server 1000 Points
Option 1 27209530001 C I Alarm & Events for 1000 Points
Option 1 27211130001 C I Collector Redundancy for 1000 Points
Sub-Total for Software (lKTag/1Usr)
($ 2,60000)
$ 7,875,00
$ 1,575,00
$1,575,00
$ 8,425.00
* - (Task 1) The required Hardware is summarized as follows:
(2) MMC900: Maestro under-desk Rollout Keyboard
(2) 300GB IOK RPM Ultra 320 SCSI Hard Drive
(2) 20" Flat Panel LCD PC Display MFM-HT205
Sub-Total for Hardware
$ 835.00
$ 1,493.00
$ 2,099.00
$ 4,427.00
Sub-total for Task 6 (Time-and-Materials)
$ 25,000.00
Total w/1KTag/lUsr
$ 88,456.00
For the LUMP SUM Tasks of this proposal, the invoices shall include a brief description of work
performed during the billing period, identification of the Task Item to which the invoice assigns
the applicable payment, and percentage of completion for that Task Item. For the TIME-AND-
MATERIALS Task of this proposal, prior authorization shall be sought by McKim & Creed and
documented acceptance/authorization from the County shall be included in Invoices for this
Task Item.
.
$MCJ<IM&CREED
September 15, 2006
Page 6
Agenda Item No. 16C6
October 24,2006
Page 11 of 12
We appreciate the opportunity to provide this software, equipments and these services to work
with Collier County. Please let me know if you have any questions or require more
Information.
Sincerely,
McKim & Creed, P A
8~~
Byron Conner
Senior Project Manager
..
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EXECUTIVE SUMMARY
Agenda Item No. 1601
October 24, 2006
Page 1 of 28
-
Recommendation to approve the submittal of a Florida Boating Improvement Program
Boating Education Grant to the Florida Fish and Wildlife Conservation Commission for the
initial phase of the Marine Resource Conservation Partnership of Collier County Boater
Education Program in the amount of $14,000. Approve Budget Amendment in the amount of
$8,000 to recognize cash donation designated as "seed" money for the Boater Education
Program from Cedar Bay Marina.
OBJECTIVE: To receive approval to submit a Florida Boating Improvement Program Boating
Education Grant to the Florida Fish and Wildlife Conservation Commission for the initial phase of
the Marine Resource Conservation Partnership of Collier County Boater Education Program in the
amount of$14,000.
--
CONSIDERATIONS: The Florida Fish and Wildlife Conservation Commission encourages
counties to apply for Boating Education grants to serve the needs of boaters throughout the state.
Projects selected for funding must be completed June 2007. Hard (cash) matching funds are not
required, but are encouraged to reduce the amount of grant funds requested. Some form of in-kind
(soft) matching funding must be committed to the project. The Marine Resource Conservation
Partnership of Collier County (MRCP-CC) is a diverse group of private and government
representatives seeking to balance boater access and environmental protection in Collier County
through partnerships and education. MRCP-CC proposes to initiate a multi-phased boater education
program with the goal of empowering Collier County resident and visitor boaters to practice
sustainable boating behaviors. Sustainable boating objectives include providing boaters with the
knowledge, skills and tools to protect water quality, wildlife and beaches, but also ensure positive
and safe boating experiences. Although initially focusing on the waters of Southern Collier County,
MRCP-CC anticipates the boater education program to eventually reach county-wide and serve as a
model for other statewide boater education programs. MRCP-CC is requesting funds to support the
creation of a portable "green boating" education exhibit as well as costs to cover workshop
registration and travel expenses associated with ongoing program development.
FISCAL IMPACT: The total project cost of the proposed education program will be no more than
$25,360. The grant request is $14,000 and Collier County will not be required to provide a cash
match. A non-cash match of $3,360 in the form of project management will be provided. Cedar
Bay Marina has committed to partner with the County by pledging $8,000 in "seed" money for the
development of the Boater Education Program, regardless of whether the grant is received.
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan as a
result of this grant
LEGAL CONSIDERATIONS: Following award of the grant, it is anticipated that the Florida Fish
and Wildlife Conservation Commission will forward a grant agreement for consideration by the
Board of County Commissioners.
RECOMMENDATION: That the Board of County Commissioners approve the submittal of a
Florida Boating Improvement Program Boating Education Grant to the Florida Fish and Wildlife
Conservation Commission for the Marine Resource Conservation Partnership of Collier County
,-. Boater Education Program in the amount of $14,000, authorize the Chairman to sign the
application and Resolution. Approve Budget Amendment in the amount of $8,000 to recognize
cash donation designated as "seed" money for the Boater Education Program from Cedar Bay
Marina.
PREPARED BY: Bryan Fluech, Sea Grant Coordinator, University Extension Services
FLORIDA FISH AND WILDLIFE CONSERVATION COM~f~
FLORIDA BOATING IMPROVEMENT PROGRAM Pa
BOATING EDUCATION GRANT APPLICATION
Fiscal Year 2006-2007
Grant Application Number:
FOR OFFICE USE ONLY
I Date Received:
Fill in all sections that apply - Leave all other sections blank
I - APPLICANT INFORMATION
a. County/Municipality Name: e, Project Manager Name:
Collier County, a Political Subdivision of Florida Bryan Fluech
b. Federa] Emp]oyer ]d. No,: Project Manager Title:
59-6000558 County Marine Science Extension Agent
c, App]icant Name: f. Mai]ing Address:
Frank Halas 300 Tower Rd
App]icant Title: City: Zip Code:
Chairman, Board of County Commissioners Nap]es 34] I3
d. Applicant Address: g. Telephone: Fax:
3301 Tamiami Trail E (239) 417-6310 ext 225 (239) 417-6315
City: Zip Code: Email:
Nap]es 34112 fluech@ufl.edu
h. District Numbers:
US Congress: 14 State House: 76 State Senate: 37 County Commission: I,ll, IV
II - PROJECT SUMMARY
a. Project Title: Marine Resource Conservation Partnership of Collier County Boater Education and Outreach Program
b. Project Cost: Total Cost: $ 25,360 I Amount Requested: $ ]4.000
c. Project Type(s): o Classroom Education ~ Printed Materials (boater guides, brochures, pamphlets, etc.)
~ Kiosks / Signs ~ Portable Exhibits (tabletop display, trade show exhibit)
o Interactive Disp]ays o Broadcast Media (TV/radio PSA, billboard, etc.)
o Print Media (magazines, newspapers) ~ Promotional [terns (PFDs, key chains, whistles, etc.)
d. Project Summary:
The Marine Resource Conservation Partnership of Collier County (MRCP-CC) is a diverse group of private and government
representatives seeking to balance boater access and environmental protection in Collier County through partnerships and
education. MRCP-CC proposes to initiate a multi-phased boater education program with the goal of empowering Collier County
resident and visitor boaters to practice sustainable boating behaviors, Sustainable boating objectives include providing boaters with
the knowledge, skills and tools to protect water quality, wildlife and beaches, but also ensure positive and safe boating experiences.
Positive boating experiences are essential to ensure the approximately one billion dollars annually derived in Collier County from
boating and tourism. Initial education and outreach efforts will have a site-specific focus on Keeywadin Island and Tigertai] Beach
in Southern Col1ier County. MRCP-CC anticipates the boater education program to eventually reach county-wide and serve as a
model for other statewide boater education programs. Phases of the proposed program include on-water boater education using an
environmentally rigged "green boat" and trained volunteers, outreach at boat shows, festivals and other public events using the boat
and a portable educational display, partnerships with boat rental companies, creation of an on-going fellowship for graduate
students to assist in program coordination, and a GIS-based boater characterization study. MRCP-CC is requesting $14,000 to
support the creation of a portable "green boating" education exhibit as well as costs to cover workshop registration and travel
expenses associated with ongoing program development. Matching funds are promised in the amount of $11,360.
FWC/DLE-252C (08/06)
1
III - PROJECT NEED
Agenaa IleTIJI'lCl. I au I
October 24,2006
Pag~ 3 of 28
a. List Primary Need for Project:
[2J Safety
[2J Environmental Needs of the Area
o Other:
[2J High Demand by Users
[2J Recommended by FWC Staff
[2J Lack of In-house Capability
b. Need Statement:
Collier County has over 24,000 registered boats within its waters, not including the numerous boaters visiting
from outside the County. There are boating guides and kiosks, but little direct, interactive education of boaters.
Concerns have been raised by boat rental companies, residents, visitors, local officials and resource managers that
the safety of both people and the environment is being compromised at several popular boating destinations. The
initial target sites for proposed education are Keeywadin Island and Tigertail Beach in Southern Collier County.
On a weekend it is not uncommon to visit the south tip of Keeywadin and see hundreds of boats stacked up within
a two mile stretch of beach. This unbridged, natural barrier island is a popular destination for boaters and one of
the few places to go in Collier County. The south end of the island is primarily a weekend destination mostly
attracting boaters seeking a social experience, and open consumption of alcohol, unleashed dogs and loud music
are prevalent. This island is also the location of several private residences and is a critical resting and foraging
site for several threatened beach-nesting bird species. Obvious conflicts and human and environmental safety
issues include trash and debris, human and animal waste, disturbance of wildlife, underage drinking, destruction
of vegetation, speeding in no wake zones, driving vessels under the influence and lack of enforcement. These
problems also alienate families and other demographic groups that may want to access the island, but are seeking
another type of experience.
Failure to address these issues could ultimately result in economic and ecological losses for Collier County.
Environmental losses are a national concern because Kewaydin is within the boundaries of Rookery Bay National
Estuarine Research Reserve and a state designated Outstanding Florida Waterway.
MRCP-CC seeks funding for seed money to kick off a boater education initiative. Never before has the County
had such a broad-based support for addressing the obvious boating-related problems in the region. The proposed
program aims at a diverse audience of boaters and will use methods that are more direct and interactive than what
the County has been using in the past. Programs will be based on other successful existing programs such as
TEAM OCEAN in the Florida Keys and they will be evaluated. By supporting the MRCP-CC boater outreach
program, boaters will gain the necessary knowledge and skills to become better boating stewards. This change in
behavior and increased community-wide awareness will lead to more positive and safe boating experiences and
long-term sustainable use and protection of natural resources,
IV - BOATER SAFETY
Explain how the project may affect boater safety.
MRCP-CC boater education projects will communicate boating safety through direct education of boaters at boat
shows and other public events with the use of a portable education exhibit and an environmentally rigged "green
boat". When not at shows, the "green boat" will be staffed by trained volunteers to provide on-water education with
boaters. Boater education will also target boat rental companies through partnerships, A combination of consistent
clean boating and safe boating messages will be used to encourage the demonstration of stewardship in the boating
community.
FWC/DLE-252C (08/06)
2
." Ilem I'W.IIJUI
V - PERMITS October 24, 2006
Page 4 of 28
a. Does the project require a permit? DYes [2J No
b. If Yes, what type: o Local o State o Other, explain:
c. Status of Permit Application: o Not yet applied for o Applied for, pending o Approved
VI - BUDGET
a. Has a detailed cost estimate been developed for this project? If yes, attach a copy to application,
DYes, Preliminary DYes, Final [gI No
b. PROJECT COST: NON-CASH FUNDS
Cost Item Applicant Other Do Not Use This TOTAL
(List in Section VII) Column
Administration $ $ $
In-Kind Project Management $ 3,360 $ $ 3,360
In-Kind Labor $ $ $
In-Kind Materials $ $ $
In-Kind Equipment $ $ $
Total Non-Cash Funds $ 3,360 $ $ 3,360
c. PROJECT COST: CASH FUNDS
Cost Item Applicant Other Source Grant Request TOTAL
(List in Section VII)
Planning / Design $ $ 8,000 $ 7,000 $
Implementing $ $ $ 7,000 $
Other: $ $ $ $
Total Cash Funds $ $ $ $
d. TOTAL FUNDS $ $ 8,000 $ 14,000 $ 22,000 I
VII - OTHER SOURCE OF FUNDS (STATUS)
a. 0 Federal IZI State/Local o Loan Agency: Cedar Bav Yacht Club
b. Grant Name: Monetary Donation Amount $ 8,000
c. Approval Status: IZI Approved o Pending o Intend to Apply, Date:
a. 0 Federal o State/Local o Loan Agency:
b. Grant Name: Amount $
c. Approval Status: o Approved o Pending o Intend to Apply, Date:
FWC/DLE-252C (08/06)
3
- , , - ,., t""\""r.......
VIII - APPLICATION ATTACHMENTS CHECKLIST Page 5 of 28
Inc. N/A
~ a, Cover Letter: application transmittal cover letter (Identify priority rank with multiple applications).
~ b. Application: One (I) application with original signature from authorized individual.
~ c. Project Proposal: a detailed description of project as outlined in the application instructions.
d. Resolution: An adopted resolution, by the Governing Body, authorizing that the Project Manager has the
~ authority to apply for and administer the grant on behalf of the applicant. If the Applicant is applying on behalf of
another public entity, then a Memorandum of Understanding between the Applicant and the public entity must
also be submitted.
D ~ e. Permits: Photocopies of necessary project permit(s) or permit application(s). If exempt, provide notification of
exemption from permitting agency,
D ~ f. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor or an
engineer's cost estimate.
D [3J g. Plans: preliminary design/engineering plans (if completed).
Include an electronic copy on CD or floppy disk and seven (7) photocopies of the application with attachments.
Agenda Item No. 16D1
APPLICANT SIGNATURE
Application is hereby made for the activities described herein. I certify that I am familiar with the information contained
in the application, and, to the best of my knowledge and belief, this infonnation is true, complete, and accurate. I further
certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities.
I also certify that the Applicant's governing body is aware of and has authorized the Project Manager as the official
representative of the Applicant to act in connection with this application and subsequent project as well as to provide
additional information as may be required. By signature below, the Applicant agrees to comply with all applicable
federal, state, and local laws in conjunction with this proposal and resulting project so approved.
Frank Halas
Name
Chairman, Board of County Commissioners
Title
Authorized Signature for Applicant
October 24, 2006
Date
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and legal sufficiency:
By:
Deputy Clerk
Thomas C. Palmer,
Assistant County Attorney
STATE OF FLORIDA )
COUNTY OF COLLIER)
Personally appeared before me this day of October, 2006
swore to the above instrument in my presence. He is personally known to me.
, who subscribed and
Notary Public Name:
My commission expires:
NOTE: Instruction and further information regarding this application and the Florida Boating Improvement Program can be found in
the Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator, Florida Fish and Wildlife
Conservation Commission, 620 South Meridian Street, FL 32399-1600, Telephone (850) 488-5600
FWC/DLE-252C (08/06)
4
Agenda Item No. 16D1
October 24, 2006
Page 6 of 28
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
FLORIDA BOATING IMPROVEMENT PROGRAM
Instructions for Completing the 2006 Boater Education Grant Application
GENERAL INSTRUCTIONS
. Submit one (1) original and seven (7) photocopies of the application with attachments.
. Submit an electronic copy of application on CD or floppy disk.
. Staple application in upper left-hand comer, or clip with one binder clip. DO NOT
SPIRAL BIND OR PLACE IN A THREE-RING BINDER OR REPORT COVER.
. Please place a tabbed divider between each attachment.
. Please make all photocopies of attachments on paper no larger than 11" x 17".
APPLICANT INFORMATION
a. County/Municipality Name: Enter the name of the local government applying for the
grant.
b. Federal Employer Id. No.: Enter the applicant's Federal Employer Identification (FEID)
Number. Payment will be sent to the address associated with this FEID number.
c. Applicant Name / Applicant Title: Enter the name and title of the individual authorized to
sign contracts/agreements for the local government. (ie. Chairman, Mayor, etc.) If
authority has been delegated through ordinance or resolution, please include a copy of the
delegation with the application.
d. Applicant Address: Please enter the official address of the local government agency (ie.
board of county commissioners, city commission, etc.)
e. Project Manager Name / Title: Enter the name and title of the person in charge of the
project. All correspondence will be sent to this person.
f. Mailing Address: Enter the mailing address for the Project Manager. All
correspondence will be sent to this address. If a P.O. box, please include a street
address also for overnight deliveries.
g. Telephone No. / Fax / E-mail: Enter the telephone number, fax number, and email
address where the Project Manager may be contacted during regular business hours.
h. District Numbers: Enter the District numbers for the US Congress, State House, State
Senate and the County Commission.
FWC/DLE-252C (08/06)
5
Agenda Item No. 1601
October 24,2006
Page 7 of 28
PROJECT SUMMARY
a. Project Title: Provide a brief title for the project.
b. Project Cost: Enter total amount of project cost. Include only the eligible project
elements where grant funds will be used. Enter the amount of funds requested from
FBIP.
c. Project Type: Check all that apply.
d. Project Summary: Provide a brief description of the goal of the project, the target
audience, the work to be done and the expected outcome or final product.
BUDGET
b. Project Cost - Non-cash Funds: Enter amount of in-kind matching funds for each cost
item. In-kind matching funds include goods and services provided by the applicant
instead of goods and services purchased from a vendor or sub-contractor. Amounts in the
"Other" column should include in-kind funds from any third-party agreements or
partnerships (provided by someone other than the applicant). Please note: All
applications must include some form of non-cash matching funds.
c. Project Cost - Cash Funds: Enter amount of funding to be provided by the applicant and
other sources. Enter the amount of funding requested in the column labeled "FBIP."
d. Total Funds: Sum of non-cash funds and cash funds for each column.
OTHER SOURCE OF FUNDS
Include information on funding from sources other than FBIP or applicant. Examples
include grants from other agencies, loans, or partners who are providing cash funding. Enter
information for each funding source.
PROJECT PROPOSAL
The Project Proposal should be a detailed description of the project and should include the
following elements:
a. Project Description: A detailed description of the project including what the project will
produce or accomplish, the audience the project will target, and how the project will
serve the needs of boaters in your area.
b. Specific Tasks: Describe the work that will be done in order to complete the project.
(For example: Task: Print and distribute 10,000 boater education guides, or Task:
Conduct bi-weekly boater education classes)
c. Timetable: Include a proposed schedule for when tasks are to begin and when they will
be completed. Note: Funding available for 2006-07 fiscal year only. All projects
must be completed and invoice submitted to FWC by June 10, 2007.
FWC/DLE-252C (08/06)
6
Agenda Item No. 16D1
October 24, 2006
Page 8 of 28
Marine Resource Conservation Partnership of Collier County Boater
Education and Outreach Program Proposal
Project Description:
The Marine Resource Conservation Partnership of Collier County (MRCP-
CC) consists of representatives from the following agencies and organizations:
. Florida Fish and Wildlife
Conservation Commission
. Florida Department of
Environmental Protection
. Collier County Marine
Industries Association
. Cedar Bay Yacht Club
. Rookery Bay National
Estuarine Research Reserve
. City of Marco Island
. City of Naples
. Collier County Extension
Service - Florida Sea Grant
Its mission is to balance boater access and environmental protection in Collier
County through partnerships and education. MRCP-CC is currently developing a
multi-phased boater education program. Phases of the proposed program
include on-water boater education using a "green boat" staffed with trained
volunteers, outreach at boat ramps, festivals and boat shows using the boat and
a portable educational exhibit, partnerships with boat rental companies, creation
of an on-going fellowship for graduate students to assist in program coordination,
and a GIS-based boater characterization study. This proposal includes funding
for the creation of a portable "green boating" education exhibit and costs to cover
workshop registration and travel expenses associated with the development of
the on-water boater education phase of the program.
The program ultimately strives to empower Collier County resident and
visiting boaters to practice sustainable boating behaviors. Sustainable boating
objectives include providing boaters with knowledge, skills and tools to make
decisions that protect water quality, wildlife and beaches, but also ensure positive
and safe boating experiences. Positive boating experiences are essential to
ensure the approximately one billion dollars annually derived in Collier County
from boating and tourism. Although initial education efforts will focus on the
southern part of the county, it is anticipated that program successes will be
expanded county-wide and can eventually serve as a model for other boater
education programs around the state. Proposed education activities will be
based on existing successful programs when appropriate and will be evaluated.
MRCP-CC convened its first meeting in June 2006 because of shared
concerns over two trouble spots: the southern tip of Keeywadin Island and
Tigertail Beach including its nearby sand bars. These locations were obvious
areas where boaters were conflicting with wildlife and each other. Current
observable problems include:
. High density of boats
. Underage drinking and boating under the influence
. Human and animal waste
Agenda Item No. 16D1
October 24,2006
Page 9 of 28
. Destruction of signs and cordage used to close areas for beach
nesting birds and evidence of people trespassing in them
· Speeding in no wake zones, including manatee zones
. Close calls between swimmers and boaters
. Taking of live shells
· Unleashed pets that frighten other boaters and flush resting birds
. Trash and debris including bottles, cans and other food wrappers,
but also toilet paper, fireworks
. Lack of manpower to enforce existing rules and laws
To begin to address these problems MRCP-CC requests funds to create a
portable "green boating" educational exhibit that will be used in outreach efforts
at boat ramps, festivals and boat shows to help address these issues. The
display will focus on safe and environmentally sound boating practices boaters
can implement to increase their recreational experience as well minimize their
impacts on marine and coastal resources. Graphics, handouts, and direct
interaction with the public will be incorporated in the exhibit design.
The specific safety and environmental messages used in this proposed
boating education program will be researched by CEBA staff from other
successful programs, and decided on so that messages are clear, consistent and
audience-appropriate. In a meeting in August of 2006 at Rookery Bay,
representatives from Florida Department of Environmental Protection, Sea Grant,
Florida Fish and Wildlife Conservation Commission and marine-related non-
profits agreed that consistent messages are important and more effective than
the individual agency approach used in the past. This proposed program seeks
to gain consensus on the messages used in the past and on the ones that will
work most appropriately with our audiences. Project leaders will work closely with
FWC to utilize the many excellent and available educational tools that already
exist. By reinforcing a consistent message of stewardship from the time boaters
get on the water until they reach their final destination, there is a better chance of
accomplishing our educational objectives.
The display will be used in conjunction with an environmentally rigged
"green boat" that will be equipped with excellent safety equipment and
environmentally appropriate products such a four-stroke outboard, trolling motor,
push pole, polarized sunglasses, jack plate, PFD's, navigational charts,
brochures and pollution prevention equipment such as bilge socks to maximize
the effectiveness of outreach efforts.
When not in use at shows, the green boat will be used as an on-water
platform for education around Keeywadin Island and Tigertail Beach. Trained
volunteers will conduct direct and interactive education with boaters on the water
in a non-threatening manner similar to the Team OCEAN education model used
by the Florida Keys National Marine Sanctuary.
Part of the requested funds will be used to support MRCP-CC staff to
travel to the Florida Keys NMS to see the Team OCEAN program in action and
work with the sanctuary staff to learn how to develop a similar on-water
education model specific to the waters of Collier County. The knowledge and
Agenda Item No. 16D1
October 24,2006
Page 10 of 28
skills gained from this experience will help direct the development of a volunteer
training program that will support future on-water boater education efforts in the
county.
Funding will also be used to support three MRCP-CC staff's registration
and travel costs for a three-day community based social marketing workshop in
Gainesville, Florida. The workshop will provide MRCP-CC staff with the
necessary knowledge and tools to identify effective methods of reaching boating
audiences. To further assist outreach efforts, MRCP-CC members will also
attend the upcoming Florida Boating and Waterways Conference to gather
information on boating management techniques, which can be applied to the
education program.
In conclusion, when boaters leave trash, let their pets disturb nesting
shore birds, trample dune vegetation, or ignore posted speed zones, they reduce
the recreational experience for the next visitor as well as degrade the
environmental quality of the visited areas. In time, these irresponsible behaviors,
will impact resident and visitor experiences. Ultimately, these actions will have
environmental and economic consequences in a community that depends heavily
on its natural resources to support an ever growing tourism industry. As boater
education efforts increase around Keeywadin and surrounding waters, it is hoped
that the project will produce a boating community that is more conscientious
about how their actions impact the areas they enjoy and that they take actions
that improve and maintain the quality of their recreational experiences.
Tasks to be completed by MRCP-CC staff:
. Attend the Florida Waterways Management Workshop in Coco Beach
(Nov 1-3, 2006) to gather the latest information about waterway
management techniques and network with other attending agencies to
promote the goals and objectives of the education program.
. Coordinate the development of a portable "green boating" education
exhibit that focuses on safe and environmental boating; research what
key messages should be emphasized and what existing educational
materials and handouts should accompany the exhibit.
. Set up temporary education display at the Naples Boat Show in January
2007 to inform the public of the purpose of the program and gain support
for it.
. 3 staff members will attend a Community-Based Social Marketing
Workshop in Gainesville, Florida January 17-19th. Skills and knowledge
gained will be used to develop effective strategies to reach targeted
boaters.
. Visit the FL Keys NMS to observe the Team OCEAN program in action
and gather information on how it can be adapted to Collier County's
waterways; begin the development of a volunteer boater training program
. Network with local businesses and organizations to promote and gain
support for the program throughout the county
Agenda Item No. 16D1
October 24,2006
Page 11 of 28
. The project manager will continually report the progress of program
activities to all agencies involved in the boater education program.
· Continue to seek out additional funding to support ongoing program
development;
· Work with Marine Industries Association on acquiring and rigging an
Everglades Flats boat to be used as the project "green boat"; it will
accompany the portable "green boating" education exhibit at boat shows
and other public events and will also be used for on-water education
efforts.
Timetable: November 2006-June 2007
· November 2006: Roger Jacobson with the City of Naples will attend the
Boating and Waterways Management Conference in Coco
Beach to gather the latest information on waterway
management and boating issues in Florida as well as gain
statewide support for our education program.
. November! December 2006: Work with Marine Industries Association
and Danny Riley of FWCC to acquire an Everglades flats boat
and develop it into the outreach "green boat".
· November 2006-January 2007: MRCP-CC staff will coordinate the
development of the "green boating" education exhibit including
the design, desired messages to be delivered, and materials to
be distributed.
. November 2006- June 2007: Hold monthly MRCP-CC meetings to
coordinate the ongoing development of the program; seek
additional funding sources to support additional phases of the
boater education program.
· January 2007: Set up a display at the Naples Boat Show that informs the
public about the goals and objectives of the MRCP-CC boater
education program.
· January-February 2007: Finalize design of the "green boating" exhibit
and have it constructed.
· January 2007: Project Manager and other MRCP-CC staff will attend a
Community Based Social Marketing Workshop in Gainesville,
FL to gain insight and tools on how to develop the social
marketing phase of the program and effectively reach a larger
boating audience.
. February! March 2007: Project manager and staff will visit the Florida
Keys National Marine Sanctuary to observe the Team OCEAN
boater outreach program in action and work with sanctuary staff
to begin developing a similar model specific to Collier County's
waters.
· March! April 2007: Have "green boating" exhibit finished and ready to use
for outreach purposes.
Agenda Item No. 1601
October 24,2006
Page 12 of 28
r
Agenda Item No. 16D1
October 24, 2006
Page 13 of 28
Aerial view the southern end of Keewaydin Island in Collier County
Image courtesy of Be v Anderson: Rookery Bay NERR
Agenda Item No. 1601
October 24, 2006
Page 14 of 28
Boats lined up along the southern shoreline of Keeywadin Island
Image courtesy of Greg Curry: Rookery Bay NERR
/~
( )
Image courtesy of Greg Curry: Rookery Bay NERR
RESOLUTION NO. 2006 _
RESOLUTION OF THE BOARD OF COUNTY COMMIsSIONERS OF
COLLIER, FLORIDA, AFFIRMING AN APPLICATION FOR A GRANT
FROM THE FLORIDA FISH AND WILDLIFE CONSER V A TION
COMMISSION FOR THE FLORIDA BOATING IMPROVEMENT
PROGRAM
WHEREAS, the State of Florida Fish and Wildlife Conservation Commission
encourages counties to implement boating education projects through the Florida Boating
Improvement Program Boating Education Grant; and
WHEREAS, Collier County desires to develop an Environmental Protection and Boating
Access Boater Education Program for Collier County residents and visitors;: and
WHEREAS, Staff is requesting that the Board of County 4mrnissioners affirm
submittal of a grant application and authorize the Project Manager iJ the Collier County
Umver.rity Exl=iin Depmm,,,,, to npply fo, """ """"'"- th, grnnt I on bnhn!f of Colli"
County; and ,I I
WHEREA.$, if funded, the grant will require execution of a grant ~ment, which will
bn_tothe~ofCo_~...._ I
BO~ OF COUNTy
1
,
i
NOW, TapmFORE, BE IT RESoLVED BY THE
COMMlSSlO~ OF COLLIER COUNTY, FLORIDA that:
I
The Board of County COmmissioners affirms submittal of a grant application and authorizes the
Project Mamager in the Collier County University Extension Department to apply for and
administer the granl on behalf of the Board with all understandings and assurances contained
therein, and also authorizes Staff to act in accordance therewith, provided, however, that
agreement and/or <mter documents, if any, which required further approval by this Board be
submitted to the Bo~ for approval as required
This Resolution adopted this _ day of _ 2006, after motion, second and
majority vote in favor of adoption.
A TrEST
DWIGHT E. BROCK, Clerk
By;
I
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,!FLORIDA
By:
Approved as to form;
and legal sufficiency
BY~W\, f~
Thomas Palmer, .
Assistant County Aittorney
Frank Halas. Ohairman
Agenda Item No, 1601
October 24, 2006
Page 15 of 28
'~
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~~
Agenda Item No, 16D1
October 24, 2006
Page 16 of 28
Marco Island, Florida
October 10, 2006
Bryan Fluech: Sea Grant Agent
Marla Ramsey: Administrator, Collier County Public Services
Subject: Marine Resource Conservation Committee of Collier County
To Whom It May Concern:
This letter serves to document Cedar Bay Yacht Club's commitment to MRCP-CC of Collier
County as a founding member. Cedar Bay Yacht Club, CBYC, has given MRCP-CC seed money in
the sum of $8,000. Additionally, CBYC has committed the use of its boat rental fleet to be used by
volunteers for educational outreach purposes by MRCP-CC. This includes use of the boat,
insurance, gas and oil. Total in kind contribution is $16,800 which represents 48 full day boat
rentals. Lastly, CBYC has committed 2 hours per week to help with management of MRCP-CC with
Bryan Fluech over the next 5 months; $2,000
Support from CBYC to MRCP-CC totals $26,800,
Marla, 1 am glad to be working with you in a different arena to better the county in which we live, 1
am very happy to be serving with Brian Fluech and believe that he is truly an exceptional asset to
Collier County as well as MRCP-CC. Thank you very much for your support and insight as we
pursue funding,
Sincerely,
Scott Hopkins
Genera! Manager
CEDAR BAY YACHT CLUB, INC.
705 E. Elkcam Circle, Marco Island, FL 34145
T 239.394.9333
F 239.394.6668
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Agenda Item No. 1601
October 24. 2006
Page 17 of 28
~~~J~
COMMUNITY SERVICES DEPARTMENT
TELEPHONE (239) 213-7120. FACSIMILE (239) 213-7130
280 RIVERSIDE CIRCLE. NAPLES, FLORIDA 341 02-6796
University of Florida
Florida Sea Grant Extension Program
300 Tower Roud
Naples, Florida 34113-8059
Attn: Bryan Pluech
Collier County Marine Agent
I have had the privilege of being part of your boater outreach program, the Marine Resource
Conservation Partnership of Collier County/Boaters Stewardship Association for a few months now, and
the strides that have been made are phenomenal. It is imperative that we protect our environment, yet
provide continued exceptional boating and boating access in our area.
My office and the City of Naples will continue to support this much needed program.
Roger Jacobsen
Marina Compliance Specialist
Natural Resource Department
City of Naples, Florida
w~ ~~ad!'~... Yava:e tfl ~ ~4. ~ Wt ad!'~CU/6~
Agenda Item No. 16D1
October 24, 2006
Page 18 of 28
Marine Resource Conservation
Partnership
of
COLLIER COUNTY
Purpose:
This document describes a plan to include the interested
parties of Collier County into the Marine Resource
Conservation Partnership (MRCP) of the Florida Fish and
wildlife Conservation Commission (FWC) and the Florida
Department of Environmental Protection (DEP) to better
protect the marine resources of Collier County through the
implementation of boater stewardship and saltwater
recreational fisheries outreach and education projects.
The partnership will be called the Marine Resource
Conservation Partnership of Collier County (MRCP/CC) and
the members include: FWC; DEP; The Marine Industries
Association of Collier County (MIACC); Cedar Bay Yacht
Club; City of Naples; City of Marco Island, Rookery Bay
National Estuarine Research Reserve;and Florida Sea Grant.
Future participation by other parties interested in the
protection of the marine resources of Collier County is
encouraged.
Background:
FWC and DEP have complementary responsibilities and
authority to address the two major factors in marine
resource conservation, which are the effective management
of the habitat and the harvesting of marine organisms. DEP
manages the sovereignty submerged lands of Florida, which
comprise all the components of marine habitat, as staff of
the Board of Trustees of the Internal Improvement Trust
Fund. FWC has the constitutional authority and management
responsibility to establish the harvest levels of marine
life that provide for effective conservation. The
accomplishment of each of these agencies' responsibilities
is largely dependent on the effectiveness of the efforts of
both agencies. Therefore, the agencies established the MRCP
to ensure coordination of efforts to enhance the efficient
achievement of individual responsibilities to meet their
mutual goal of marine resource conservation. The
Agenda Item No. 1601
October 24, 2006
Page 19 of 28
partnership was designed to be expanded to include any
other interested entities or individuals.
Both agencies have existing environmental education
programs throughout the state aimed at teaching the public
about marine resource conservation and providing them with
recreational activities. State managed sites contain some
of the most productive and popular saltwater fishing venues
in the world including: the 41 Aquatic Preserves that
encompass more than 1.8 million acres of sovereignty
submerged lands of the state; 159 state parks that include
100 miles of sandy white beaches; 3 National Estuarine
Research Reserves that include over 350,000 acres of the
most pristine and productive estuarine ecosystems in the
nation; and the Florida Keys National Marine Sanctuary that
covers over 2900 square nautical miles of diverse and
unique saltwater fisheries habitats and species. These
sites attract millions of people every year, many of whom
come from all parts of the world to participate in
saltwater recreational fishing.
The Marine Industries Association of Collier County
(MIACC), the Cedar Bay Yacht Club (CBYC) and, Florida Sea
Grant (FSG) expressed interest in promoting the protection
of the marine resources of Collier County by joining the
FWC/DEP MRCP as a pilot project designed to meet the
specific needs of the county. This is the initial project
of the FWC/ DEP partnership expanded into a specific
geographic locale of the state. It has been made possible
because of the willingness of the MIACC, CBYC and FSG to
participate at the local level to combine their available
funding, equipment and staff resources with those of FWC
and DEP to facilitate the implementation of the MRCP/CC
project as described in a following section of this
document.
The MRCP/CC is recognized as an innovator in establishing
this pilot project that promotes and supports the national
and state government efforts to establish partnerships
among government, industry and other non-government
organizations to accomplish goals that benefit all American
citizens.
It is the intent of the MRCP to expand to other geographic
areas throughout the state to design and implement similar
projects to address the specific needs to conserve the
marine resources in those areas with the willing
Agenda Item No. 1601
October 24,2006
Page 20 of 28
participation of industry and other non-government
organizations.
Collier County Issues:
Collier County has been among the fastest growing counties
in the united States for more than a decade. This has
resulted in a rapidly increasing number of residents and
visitors participating in marine-based recreational
activities. Those activities combined with the
environmental impacts of adjacent upland development
inevitably result in the decline in the quality of the
marine resources.
Concerns have been raised by the boating industry and
resource managers about the increasing amount of natural
resource degradation attributable to the boating public,
specifically between Keeywadin and Cape Romano Islands.
The decline in the number of available public boating
access points is another issue of concern to the public and
the marine industries including boating, fishing and other
related recreational industries.
Hundreds of boats gather at Keewaydin Island each weekend
to enjoy the social atmosphere, natural scenery, and access
to the Gulf of Mexico. This site has become the social
epicenter of boaters in Collier County. The popularity of
the island as a recreation destination, however, has raised
concerns about the well-being of the natural resources.
Resultant problems include the accumulation of discarded
trash, the presence of unleashed pets, alcohol consumption
by underage people, the deposition of pet and human wastes,
the disturbance of wildlife, the destruction of dune
vegetation, and speeding in surrounding no-wake zones. The
cumulative impact of these activities is natural resource
degradation and a decline in the quality of the
recreational experience.
Collier County has over 24,000 registered boats. These and
visiting boaters enjoy the natural diversity of the coast
that provides excellent sport fishing. Some of the boaters
enjoying the natural resources of the county rent vessels
from local boat rental facilities. Many of these boaters
are not familiar with the local waterways and have not had
training about boat operation, thus are unaware of. the
methods of boat operation required to protect the marine
resources of Collier County.
Agenda Item No. 1601
October 24, 2006
Page 21 of 28
Seagrass beds off Cape Romano already have numerous sites
of prop scar damage, and the increasing number of untrained
boaters will likely result in further impact on sensitive
seagrass habitats throughout county and state waters.
The rising cost of boat storage, the conversion of marinas
to private facilities, and inadequate parking at boat ramps
has reduced the boater access to the county's coastal
waterways. The result is high concentrations of boaters in
the remaining limited access points, thus exacerbating user
conflicts and environmental degradation at or near those
sites.
Because of the large and rapidly increasing number of
boaters, the declining number of public access sites for
boaters, and the natural resource degradation associated
with the boaters, the citizens of Collier County recognize
that the economic stability of the county is dependent on
maintaining a high quality of coastal resources that are
accessible to the public.
Proposal:
The MRCP of Collier County (MRCP/CC) is a partnership
designed to increase the protection of the marine resources
of Collier County through the implementation of boating
stewardship saltwater recreational fisheries outreach and
education projects. The focus of the partnership is to
provide a service to the boating public that will
accomplish the mutual goals of the partners. This will be
done by: promoting public boating access; providing a
variety of environmental education opportunities to the
boating public; and, seeking compliance with resource
protection laws through law enforcement and outreach.
This proposal provides suggested strategies in the
categories of: Public Boating Access; Environmental
Outreach & Education; and, Law Enforcement. They mayor may
not be implemented by the MRCP/CC based on the collective
determination of priority actions, and the availability of
funds and staff. Also, any additional strategies may be
developed in the future by the partnership and considered
on the basis of these same criteria.
Public Access
Agenda Item No. 16D1
October 24, 2006
Page 22 of 28
A boater characterization study to better understand the
characteristics of boaters in Collier County is proposed.
Through mail-in and on site surveys, researchers would
gather information about the boaters' destinations, points
of access, travel routes, activities and other pertinent
information. The information would be entered into a
Geographic Information System (GIS) for analysis for use is
the design of education programs targeted at assisting the
boaters and commercial enterprises in obtaining public
access while protecting the natural resources. Funding
requirements for this study are estimated at $80,000.
Environmental Education
FWC and DEP will cooperate to design and implement non-
regulatory recreational and educational saltwater fisheries
projects to gain public acceptance of their personal
responsibility for voluntary compliance with marine
resource conservation practices while providing them with a
recreational and educational experience. This could include
activities such as fishing clinics, seminars, the
distribution of written information like brochures about
resource protection techniques, boat trips,
Boater education programs will be designed and implemented
to train boaters to be stewards of the coastal resources
through community-based social marketing or any other means
designed to effectively reach the public.
Enforcement / Outreach
A large majority of the citizens participating in coastal
recreation activities are genuinely interested in complying
with the laws and avoiding negative environmental impacts
resulting from their activities. Therefore, the MRCP/CC
will design and implement projects to educate the public
about how to contribute to environmental protection and
avoid law enforcement penalties. Therefore, a project
similar to the Team Ocean model of the Florida Keys
National Marine Sanctuary will be designed for staff and
volunteers to contact boaters on the water to provide
written and verbal information about navigation, fishing,
boating safety, and other pertinent subjects. Also, a
project similar to the successful "Dockwalkers" program in
California will be considered to educate boaters at access
sites. FWC's Division of Law Enforcement will assist with
the training of volunteers to conduct these non-enforcement
Agenda Item No. 16D1
October 24, 2006
Page 23 of 28
patrols and continue to provide on-site law enforcement
activity.
Potential Projects:
A concept that will be considered is the design and
implementation of a fishing clinic to meet the increasing
public demand for coastal resource managers to provide
information and instruction on several aspects of saltwater
recreational fishing such as light tackle flats fishing.
Another potential project is a training program for boat
captains who offer charters for saltwater recreational
fishing and a recognition program for those who
participate. The focus would be to teach them how to reduce
adverse impacts on the saltwater fishery to aid in the
long-term conservation of saltwater fisheries and habitat.
A certification similar to the voluntary "Clean Marina"
program could be established for those desiring to practice
certain defined conservation strategies and techniques. The
purpose would be to provide the opportunity for captains
genuinely committed to practice marine resource
conservation in their daily activities to be recognized by
the certification process. This would help the government
partners to attain their resource conservation goals while
providing recognition for the captains who will gain
respect from responsible clientele who seek a conservation
minded guide.
The fishing clinic and the captains' certification programs
could possibly be linked by making the provisions of
certification include participation in a fishing clinic.
Through this mechanism, experienced captains would enhance
the quality of the fishing clinics by their dissemination
of technical fishing expertise to the participants and
possibly providing on-the-water fishing trips for the
participants following a seminar on fishing techniques.
Due to the rapidly increasing public interest in saltwater
fishing from kayaks and the tendency of this type of
fisherman to be genuinely interested in fisheries
conservation and coastal resource protection, a possible
service that could be provided is to loan kayaks and
fishing gear to interested persons. A very rapidly growing
sport is light tackle saltwater fishing from kayaks.
Because the cost of gear to do this type of fishing,
including the kayaks and the fishing tackle, is a deterrent
to the novice, and even the experienced enthusiast, those
Agenda Item No. 1601
October 24, 2006
Page 24 of 28
items could be offered on loan. A condition of the loan
could be the viewing of an instructional video that
includes fisheries and habitat conservation information.
FUNDING, STAFFING and EQUIPMENT:
Each of the members of the MRCP/CC will determine their
level of contribution of the required funding, equipment
and personnel based on their self-determined capability
without obligation, while operating in good faith toward
the accomplishment of the goals of the partnership.
Scott Hopkins of Cedar Bay Yacht Club has contributed
$8,000 to assist with associated costs.
The MRCP/CC will seek $14,000 from FWC's boater education
grant program to develop a portable "green boating"
education exhibit and support costs associated with
workshop registration and travel expenses needed for
ongoing program development. MRCP-CC staff will attend a
three day community-based social marketing workshop, which
will provide them with the necessary knowledge and tools to identify
effective methods of reaching boating audiences. Staff will also visit the Florida
Keys National Marine Sanctuary to see the Team Ocean program in actions and
learn how the program can be adapted to the waters of Collier County.
Other current program funding needs are estimated at:
$80,000 for the proposed GIS boating study.
The MIACC is considering the donation of a boat for use in
the "Team Ocean" - like project, and, if so, has committed
to provide free display space at the Naples Boat Show.
Department of
Environmental Protection
Agenda Item No. 16D1
October 24,2006
Page 25 of 28
--.....~-
Jeb BuSh
Governor
Rookery Bay National Estuarine Research Reserve
300 Tower Road
Naples, Florida 34113
(239)417-6310 Fax (239)417-6315
Colleen M, Castilie
Secretary
October 9. 2006
Marla Ramsey
Director of Public Services
Collier County Government
3301 East Tamiami Trail
r\aples. FL 34112
Re: 'brine Resource Consen-ation Partnership of Collier County (MRCP)
Dear Marla:
The Rookery' Bay National Estuanne Research Reserve supports the \1RCP proposalmJtiated by Sea
Grant Extension Agent Bryan Fluceh. in its colbhor::nive effort to provide better protection of marine
resources in Collier County through the implementation of saltwater recreational fisheries outreach and
education projects.
]n support of this efl()rt. the Resene wil1 provide use of our facilities and equipment as needed to promote
puhlic boatmg access and educationa I opportunities, C0l1S1stent with the g-oai<: of the projecT.
Please feel trl'e to contact me at 239-41""'-6310. extenslOn 203. lCyOU have an) questions.
Sincerely.
~;:jP~ ~
Director. Rookery Bay National Estuanne Research Reserve
"PrtNc'Ci (()llScTl\" U!f(/t
{'!ur/do \ I:-r;\-ironnl!'n.r and Yaillra! Rf',\OUn
Agenda Item No. 16D1
October 24, 2006
Page 26 of 28
Marine Industries Association
of Collier County
B.miacc.org
POB 9887, Naples, FL 34101 239.261.0882 Fax: 239.261.5882
director@miacc.org www.miacc.org
October 1 0, 2006
Bryan Fluech
Collier County Sea Grant Agent
Rookery Bay NERR
300 Tower Rd
Naples, FL 34113-8059
Dear Bryan:
The Marine Industries Association is pleased to partner with the FWC, the DEP, Cedar Bay Yacht
Club and the Florida Sea Grant in participating in The Marine Resource Conservation Partnership
(MRCP).
The MIACC recognizes the critical importance of the advancement of this organization to protect
and enhance boater access, provide boater environmental education and have boaters comply
with existing rules and regulations.
It is to the advantage of all Collier County residents and special interest groups to protect and
make available our marine resources.
Sincerely,
SaM. ~
Sara Jewell
MIACC Executive Director
POB 9887
Naples, FL 34101
239.261.0882
fax: 239.261.5882
director@miacc.org
www.mmcc.org
Agenda Item No. 1601
October 24, 2006
Page 27 of 28
Tuesday, October 10, 2006
Ms. Marla Ramsey, Administrator
Parks and Recreation Department
Administration Offices
Collier County Government
3300 Santa Barbara Blvd.
Naples, FL 34116
Dear Ms. Ramsey:
The City of Marco Island is committed and supports the Marine Resource educational
program for Collier County boaters. This educational outreach is vital to our County as
the population increases and more boater access is provided. The City will work with all
agencies involved committing time and resources to augment this program.
Sincerely,
Nancy J. Richie
Environmental Specialist
Cc: Bryan Fluech, Sea Grant Coordinator
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1601
October 24, 2006
Page 28 of 28
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D1
Recommendation to approve the submittal of a Florida Boating Improvement Program
Boating Education Grant to the Flonda Fish and Wildlife Conservation Commission for the
inltlal prlase of the Manne Resource Conservation Partnership of Collier County Boater
Education Program 1n the amount of $14000.
1012412006 900 00 AM
Assistant County Attorney
Date
Approved By
Thomas Palmer
County Attorney
County Attorney Office
9/25/20065:15 PM
Kathy Carpenter
Executive Secretary
Date
Approved By
Public Services
Public Services Admin.
9126/2006 9: 29 AM
Marlene J. Foord
Grants Coordinator
Date
App roved By
Administrative Services
Administrative Services Admin.
10/111200610:01 AM
Robert Halman
Oi rector
Date
Approved By
Public Services
University Extension Services
10/111200611:31 AM
Marla Ramsey
Public Services Administrator
Date
Approved By
Public Services
Public Services Admin.
10/12/20062:47 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
10/12/20062:55 PM
SI1erry Pryor
Management & Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/12/20064:55 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10/16/200610:41 AM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
10/16/200612:44 PM
Agenda Item No. 1602
October 24,2006
Page 1 of 2
-
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment in the amount of $5,000 to recognize
donations from local community partners to fund senior activities at the East Naples
Community Park Center Annex.
OBJECTIVE: To obtain approval to recognize donations from local businesses in support of
activities for the East Naples Community Center Annex.
CONSIDERATIONS: Through funding from the United States Housing and Urban
Development office, Collier County has just opened the Annex to the East Naples Community
Center. The new annex will be used from 9 AM to 3PM weekdays as a senior congregate meal
site and senior activity center. The Human Services department is working in concert with the
Parks and Recreation department to sponsor recreational, educational and social activities for
semors.
Donations are needed to help defray the cost of providing refreshments, purchasing supplies and
renting equipment. The Human Services department has received donatiQn commitments from
local businesses and expects to secure $5,000 in donations.
.-
GROWTH MANAGEMENT: There IS no growth management impact from this
recommendation.
FISCAL IMPACT: FY 07 budget will increase by $5,000.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve
the necessary budget amendment to recognize the anticipated donations.
Prepared by: Terri Daniels, Accounting Supervisor, Human Services Department
~
Agenda Item No. 1602
October 24, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number,
16D2
Item Summary:
Recommendation to approva a budget amendment In the amount of $5.000 to recognIZe
donations from local community partners to fund senior activities at the East Naples
Community Center Annex.
Meeting Date:
1012412006 900:00 AM
Prepared By
Terri A. Daniels
Grants Coordinator
Date
Public Services
Human Services
9111/20066:21 :42 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Human Services
91121200610:06 AM
Approved By
Marta Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10112/20062:49 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
10112120062:54 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/12/20065',00 PM
Approved By
Michael Smykowski
Management 8. Budget Director
Date
County Manager's Office
Office of Management & Budget
10113/20068:30 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/131200610:24 AM
Agenda Item No. 16E1
October 24,2006
Page 1 of 11
,-
EXECUTIVE SUMMARY
Recommendation to approve the award of Bid No. 06-4048 "Quick Copy
Services" to Cecil's Copy Express and Ray Lepar Printing.
OBJECTIVE: To obtain approval from the Board of County Commissioners to award Bid
No. 06-4048 to Cecil's Copy Express for Sections I and III and Ray Lepar Printing for
Section II for "Quick Copy Services".
CONSIDERATIONS: On August 24, 2006 the Purchasing Department solicited bids for
"Quick Copy Services". On September 12. 2006 five (5) bids were received and opened.
Analysis of the bids consisted of totaling the prices within a section. Staff has reviewed
the proposals and recommends that the lowest qualified and responsive Vendors be
awarded Bid No. 06-4048.
Staff recommends that Bid No. 06-4048 Sections I and III be awarded to Cecil's Copy
Express and Section II be awarded to Ray Lepar Printing. A bid tabulation sheet is
attached for your review.
,-.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
FISCAL IMPACT: Quick Copy Services average $40,000 annually. Funds are
appropriated in the FY 2006-07 operating budgets of the various departments.
RECOMMENDATION: That the Board of County Commissioners approves the award of
Bid # 06-4048 to Cecil's Copy Express for Sections I and III and Ray Lepar Printing for
Section II of the bid.
PREPARED BY: Joanne Markiewicz, Operations Manager, Purchasing Department
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Item Number:
Item Summary:
Meellng Date:
Agenda Item No. 16E1
October 24. 2006
Page 11 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E1
".ward of Bid #06-4048 QUICk Copy Services [estimated annual cost of $40000).
10/24/2006900'00 AM
Scott Johnson
Date
Approved By
Administrative Services
Purchasing Agent
Purchasing
912812006 11 :00 AM
Approved By
Mike Hauer
Administrative Services
Acquisition Manager
Date
Purchasing
9/28/200611:32 AM
Date
Approved By
Steve Carnell
Administrative Services
PurchasingJGeneraf Svcs Director
Purchasing
10/10/200610:37 AM
Date
Approved By
Steve Carnell
Administrative Services
PurchasIng/General Svcs Director
Purchasing
101101200610:37 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
10110/20061 :05 PM
Date
Approved By
Laura Davisson
County Manager's Office
Management & Budget Analyst
Office of Management & Budget
10/10120061:51 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budge1
10/1312006 11 :45 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/14/20068:51 AM
Agenda Item No. 16E2
October 24,2006
Page 1 of 3
,-
EXECUTIVE SUMMARY
Recommendation to award RFP#06-4021 to Insurance and Risk Management
Services, Inc. for Property and Casualty Brokerage Services.
OBJECTIVE: To receive approval to award RFP#06-4021 to Insurance and Risk
Management Services, Inc. for Property and Casualty Brokerage Services.
CONSIDERATION: 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. In order to properly
manage these programs, the County enters into a professional services agreement to obtain
insurance coverage and services necessary to administer these programs.
Insurance coverage purchased includes 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. Services
include Property and Casualty adjusting services; Workers' Compensation adjusting
services; and appraisal services, In addition, the vendor provides assistance with contract
risk assessments and language, claims adjudication, reinsurance recovery, allocation
,,- system development; and information system management.
The existing agreement between the County and Insurance and Risk Management
Services, Inc. will expire on January 1,2007. In anticipation of this event, the Purchasing
Department released RFP#06-4021 to seek proposals from interested firms. Proposals
were received on August 25, 2006. A total of two firms submitted proposals. The selection
committee met on September 28,2006 and the proposals were evaluated and scored. Both
proposals were considered responsive, The scoring process resulted in the following
unanimous ranking of the firms.
1) Insurance and Risk Management Services, Inc.
2) Public Risk Insurance Agency- Brown and Brown
The committee cited the following reasons in its selection of Insurance and Risk
Management Services as the top ranked firm.
.--
1) The firm has a history of providing high quality professional insurance brokerage
services to the County.
2) The principals who will be supporting the County have extensive experience
providing insurance and risk management services to both the County and to public
and private entities.
3) IRMS is a local company and will be able to provide ready support for daily service
inquiries and in the event of emergencies. The number of estimated service inquiries
and service activities totals 3000 per year.
..-
Agenda Item No, 16E2
October 24, 2006
Page 2 of 3
4) IRMS has demonstrated its ability to deliver competitive programs when it placed the
County's property insurance program on an eighteen month term in 2005. This
saved the County approximately $1,000,000 in avoided property insurance rate
increases.
5) The price proposal was competitive with the second ranked firm and will result in
commission savings of $397,000 in calendar year 2007.
A two year agreement with the option to renew for two additional one year periods has been
negotiated 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 to be paid to IRMS in 2007 total $150,000. Funds are
budgeted within Fund 516, Property and Casualty Insurance and Fund 518, Workers'
Compensation Insurance for this purpose.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
RECOMMENDATION: That the Board (1) Approve the award of RFP#06-4021 to Insurance
and Risk Management Services, Inc, for Property and Casualty Brokerage Services and (2)
Authorize the Chairman of the Board to sign the standard, County Attorney approved
contract.
_ PREPARED BY: Jeff Walker, CPCU, ARM, Director, Risk Management
~.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16E2
Oclober 24. 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E2
Recommendation to award RFP#06.402110 Insurance and Risk Management Services, Inc
for Property and Casualty Brokerage Services (FiSCal Impact $150,000)
10124/2006 9 00 DO AM
Prepared By
Jeffrey A. Walker, CPCU,
ARM
Risk Management Director
Date
Administrative Services
Risk Management
10/10120062:51:07 PM
Approved By
Jeffrey A. Walker, CPCU,
ARM
Administrative Services
Risk Management Director
Date
R.isk Management
10110/20062:52 PM
Approved By
Date
Scott Johnson
Administrative Services
Purchasing Agent
purchasing
10111120068:01 AM
PurchasingJGeneral Svcs Director
Date
Approved By
Steve Carnell
Purcha$ing
10/11120062:14 PM
Approved By
Purchasing/General Svcs Director
Date
Administrative Services
Steve Carnell
Purchasing
10/11120062:14 PM
Approved By
Date
Administrative Services
Linda Best
Contracts Agent
Purchasing
1011112006 3:49 PM
Approved By
Dale
Administrative Services
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
10/12120067:52 AM
Approved By
Management & Budget Analyst
Date
Laura Davisson
Office of Management & Budget
10/12120069:31 AM
Approved By
Date
County Manager's Office
Michael Smykowski
Management & Budget Director
Office of Management & Budget
10113/200612:08 PM
Approved By
Date
County Manager's Office
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/14120069:03 AM
Agenda Item No, 16E3
October 24,2006
Page 1 of 6
--
EXECUTIVE SUMMARY
Recommendation to adopt a resolution approving the change in status of one
employment classification from exempt to non-exempt under the Fair Labor Standards
Act ("FLSA") and to receive approval from the Board of County Commissioners for the
execution of a Settlement Agreement and release by and between the County and the
employee in the revised classification, allowing for reimbursement of actual wages
earned but not paid to the employee for the past two years as a result of the County's
good faith misclassification of status under the FLSA. It is recommended that the Board
of County Commissioners approve the necessary budget amendment that will be
required.
OBJECTIVE: To Obtain the Board of County Commissioners approval to adopt a Resolution approving
the reclassification of one (1) employment classification from exempt to non-exempt under the FLSA and
also authorizing the execution of Settlement Agreement and Release with the employee in that
employment classification who is entitled to reimbursement for overtime wages actually earned but not
paid as a result of the County's good faith misclassification of his employment status under the FLSA,
-
CONSIDERATION: The Fair Labor Standards Act ("FLSA") and its regulations provide, in part,
standards for certain job classifications to be exempt from overtime compensation, Commencing in the
fall of 2004, the County undertook a good faith review of the management job classifications in EMS
Helicopter Operations and determined that one job classification previously not subject to the FLSA
overtime provisions should have been classified as non-exempt or should now be considered non-exempt
and eligible for overtime compensation pursuant to the amended FLSA regulations, which became
effective August 23, 2004, In order to comply with federal law, it became necessary to reclassify one (1)
position (Manager - Flight Operations Training) as non-exempt and to provide reimbursement for the
actual overtime wages the employee holding that position earned during the last two years, To the
extent that the improperly classified employee during that period received compensatory time in lieu of
wages I that employee will be compensated at the appropriate non-exempt employee overtime rate to
make up for any shortfall in payment of wages,
Attached as Exhibit 1 to the proposed Resolution is a copy of the Settlement Agreement and Mutual
Release prepared for execution between the County and the employee entitled to reimbursement under
the FLSA. Exhibit 1 is intended to bring a full and final resolution to correcting this issue,
FISCAL IMPACT: The base fiscal impact resulting from the proposed Settlement Agreement, which the
County is required to make pursuant to federal law, amounts to $7,533,89, not to exceed $10,000,00 at
which point the Board will be asked to authorize additional funds. A separate agenda item detailing the
total costs, if above the "not to exceed" amount stated herein, will subsequently be brought to the Board
of County Commissioners for final review and approval. Funding is available in the General Fund
Reserve.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary,
RECOMMENDATION: It is recommended that the Board of County Commissioners adopts the proposed
Resolution approving and affirming the change in status of one employment classification from exempt to
non-exempt under the FLSA and authorizes the execution of a Settlement Agreement and release by and
between the County and the employee in that revised classification allowing for reimbursement of actual
overtime wages earned but not paid to that employee for the past two years as a result of the County's
good faith misclassification of status under the FLSA. It is recommended that the Board of County
Commissioners approve the necessary budget amendment that will be required.
~
PREPARED BY: Colleen Greene. Assistant County Attorney
Don Albonesi, Manager - Compensation, Department of Human Resources
Agenda Item No, 16E3
October 24, 2006
Page 2 of 6
RESOLUTION NO. 2006 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY FLORIDA, APPROVING THE CHANGE IN STATUS OF ONE
EMPLOYMENT CLASSIFICATION FROM EXEMPT TO NON-EXEMPT UNDER
THE FAIR LABOR STANDARDS ACT ("FLSA") AND AUTHORIZING THE
EXECUTION OF A SETTLEMENT AGREEMENT AND RELEASE BY AND
BETWEEN THE COUNTY AND THE EMPLOYEE IN THAT REVISED
CLASSIFICATION ALLOWING FOR REIMBURSEMENT OF ACTUAL WAGES
EARNED BUT NOT PAID TO THAT EMPLOYEE FOR THE PAST TWO YEARS AS
A RESULT OF THE COUNTY'S GOOD FAITH MISCLASSIFICATION OF STATUS
UNDER THE FLSA.
WHEREAS, the FLSA and its regulations mandate, in part, standards for certain
job classifications to be exempt from overtime compensation and, during the course of a
good faith review of its non bargaining unit employment classifications in EMS
Helicopter Operations commencing in the fall of 2004, the County determined that one
(1) job classification, Manager - Flight Operations Training, previously not subject to
the FLSA overtime provisions should have been classified as non-exempt or should now
be considered non-exempt and eligible for overtime compensation pursuant to the
amended FLSA regulations, which became effective August 23, 2004; and
WHEREAS, the one (1) employment classification presently subject to
reclassification as non-exempt under the FLSA is Manager - Flight Operations Training.
WHEREAS, the FLSA and its regulations mandate that such employment
classification be properly designated as non-exempt and that the employee previously
improperly designated as exempt while working in that classification is entitled to
reimbursement for overtime compensation for work actually performed during the
previous two (2) years; and
WHEREAS, the County and the employee previously improperly designated as
exempt under the FLSA have reviewed the actual overtime hours performed over the past
two years while employed in the subject classifications and have agreed to fully and
finally settle all claims and issues with respect to reimbursement for work performed on
behalf of the County for the prior two (2) years in the total amount of $7,533.89, not to
exceed $10,000.00, at which point the Board will be asked to authorize additional funds,
and
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Agenda Item No. 16E3
October 24,2006
Page 3 of 6
I. The Board of County Commissioners approves and adopts the designation of
the above referenced employment classification as non-exempt in compliance
with the Fair Labor Standards Act. County staff is directed to undertake all
necessary steps to fully and finally implement the re-designation of the
classification as required under the FLSA.
2. The Board of County Commissioners further authorizes the Chairman to enter
into and execute the individual Settlement Agreement and Release with the
affected employee, a sample copy of which is attached hereto as Exhibits "I"
in the total amount of$7,533.89, not to exceed $10,000.00, at which point the
Board will be asked to authorize additional funds. A separate agenda item
detailing the total costs, if above the "not to exceed" amount stated herein,
will subsequently be brought to the Board of County Commissioner for final
review and approval.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this 10th day of October, 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
DEPUTY CLERK
By:
FRANK HALAS, Chairman
Approved as to form and legal sufficiency:
Colleen Greene, Assistant County Attorney
2
Agenda Item No, 16E3
October 24,2006
Page 4 of 6
Exhibit 1
SETTLEMENT AGREEMENT AND RELEASE
This settlement agreement and release executed by COLLIER COUNTY (the
"Employer") and Peter Bolton (the "Employee") is intended to effect the extinguishment of
all obligations between the parties for and in consideration of any and all claims for past
due salary, overtime wages, remittances and all other sums from the Employer made by the
Employee up, through and including the date of execution of this Release arising from or
relating to the Employer's classification status of the Employee as exempt under the Fair
Labor Standards Act ("FLSA"). The Employer and Employee hereby covenant and agree
on the following in exchange for the consideration paid to the Employee hereunder, as well
as, their promises to release one another as set forth herein
A. The Fair Labor Standards Act ("FLSA") and its regulations provide, in part,
standards for certain job classifications to be exempt from overtime compensation.
B. In the fall of 2004, the Employer commenced a good faith review of non-
bargaining unit job classifications and their descriptions in EMS Flight Operations
and determined that one job classification, Manager - Flight Operations Training,
previously not subject to the FLSA overtime provisions should have been classified
as non-exempt or should now be considered non-exempt and eligible for overtime
compensation pursuant to the amended FLSA regulations, which became effective
August 23, 2004.
C. The parties agree that the Employee performed work that would entitle him to
payment of actual overtime wages for the past two years, from August 19, 2004
through August 18, 2006, as a result ofthe misclassification of his status under the
FLSA in the amount of $7,533,89. Payment of the unpaid overtime wage shall be
reimbursed to the employee as soon as possible following the execution of this
agreement.
D. The Employer and Employee further agree that it is appropriate to resolve any
potential claim(s) arising under the FLSA by entering into this agreement to
discharge all claims related thereto, subject to the terms and conditions set forth
herein.
In consideration of payment of the above sum and the relinquishment of their
respective legal rights with reference to the aforementioned matter, each party expressly
releases the other, and their heirs and legal representatives, from all liability for such
claims and demands, and further releases, acquits and forever discharges each other, of and
from all manner of action and actions, suits, and controversies whatsoever, in law or in
equity, relating to the Employee's actual classification status under the FLSA as non-
exempt as it pertains to the Employee's wages and compensation earned from the
Employer for the period of August 19, 2004 through August 18,2006.
Agenda Item No, 16E3
October 24,2006
Page 5 of 6
IN WITNESS WHEREOF, the parties, and or their duly authorized agents have
signed and sealed this Settlement Agreement and Release on the date set forth below.
ATTEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, CHAIRMAN
Witness Signature
Employee Signature
Employee:
Print Name
Witness Printed Name
Dated:
Witness Signature
Witness Printed Name
Approved as to form and legal sufficiency:
Colleen Greene
Assistant County Attorney
2
Item Number:
Item Summary:
Meellng Date:
Agenda Ilem No, 16E3
Oclober 24. 2006
Page 6 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E3
Recommendation to adopt a resolution approvmg a change in status of a classification from
exempt to non-exempt under the FLSA and 10 receive approval from the Board for the
execution of a sattlement agreemant and release (Flscallmpac! $7533.89)
10124/2006 9:00:00 AM
Compensation Manager
Date
Prepared By
Donald Albonesi
Administrative Services
Human Resources
9/15/20067:54:39 AM
App roved By
Compensation Manager
Date
Donald Albonesi
Administrative Services
Human Resources
911512006 7: 54 AM
Jean Merritt
Human Resources Director
Date
Approved By
Administrative Services
Human Resources
1012/20062:52 PM
Approved By
Purchasing/General Svcs Director
Date
Steve Carnell
Administrative Services
Purchasing
10111/200612:35 PM
Administrative Assistant
Date
App roved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
10/12/20067:51 AM
Management & Budget Analyst
Date
Approved By
Sherry Pryor
County Manager's Office
Office of Management & Budget
10112120062:32 PM
Michael Smykowski
Manngement & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10/13120068:24 AM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
10/13/200610:34 AM
Agenda Item No, 16E4
October 24,2006
Page 1 of 10
.-
EXECUTIVE SUMMARY
Recommendation to approve Change Order #8 to Contract Number 98-2867-2004 with
Schenkel Shultz Architecture to provide additional services for the Naples Jail, Project
Number 52008, in the amount of $41,900.00 and to recognize a $164,937.60 rebate from
FP&L.
OBJECTIVE: To obtain approval from the Board of County Commissioners for a $41,900.00
change to Contract Number 98-2867-2004 with Schenkel Shultz Architecture to provide
additional Construction Administration services, construction/permit documents associated with
modifications to the existing fire alarm system and an electrical engineering survey for re-
circuiting of the existing dormitory lighting for the Naples Jail project. Additionally, recognize a
$164,937,60 rebate from Florida Power & Light (FP&L) into the project.
CONSIDERATION: During the construction of the Naples Jail renovation project, problems with
the existing fire alarm system and electrical switch gear were revealed which will require
additional construction/permit documents and additional construction administration services,
--
The fire alarm system was originally installed for monitoring at a central control location based
on the operational staffing plans from a number of years, Based on the new jail addition and the
renovations, these staffing plans have been updated and require that the monitoring location be
changed. Schenkel Shultz has submitted a $4,650 proposal to design the changes.
The existing electrical switch gear is twenty years old and it is very difficult to find parts to
operate and maintain the gear, Replacing the gear during the renovation would be the most
cost effective way to complete the work, Schenkel Shultz has submitted a $5,570 proposal to
design the re-circuiting of the existing dormitory and associated corridor lighting from the normal
power distribution system to the emergency power distribution system,
The renovations were originally planned to be completed in February 2006 and are now
expected to complete in November 2006, Schenkel Shultz has submitted a $31,680 proposal to
provide an additional nine months of construction administration.
Together, these three proposals total $41,900. The additional design work will require two
months for design, approximately two to three months for permitting and approximately four
months for construction.
Additionally, in the summer of 2004, FP&L agreed to provide an incentive payment toward the
installation of an off-peak cooling system. As part of the Naples Jail renovation project, an ice
farm was installed which provides that off-peak cooling, The request for reimbursement was
filed nearly a year ago and FP&L has recently completed verifying the installation and has made
payment in the amount of $164,937,60,
FISCAL IMPACT: Funds for the additional services are available in the project budget and the
source of funds is Correctional Impact fees, The FP&L rebate is proposed for addition to the
project expense budget.
--
Agenda Item No, 16E4
October 24,2006
Page 2 of 10
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth
Management Plan and the Government Complex Projected Space Plan.
RECOMMENDATION: That the Board of County Commissioners 1) approve a change to
contract number 98-2867-2004 with Schenkel Shultz Architecture in the amount of $41,900,00
2) authorize the County Manager or his delegate to execute the contract change and 3)
recognize a $164,937,60 rebate from FP&L into the Project 52008 expense budget.
PREPARED BY: Peter S. Hayden, P.E" Senior Project Manager, Facilities Management
Department
~~...--
"...-"
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16E4
October 24, 2006
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E4
Recommendation tc approve Change Order #8 to Contract Number 98-2867 With Schenkel
Shultz Architecture to provide additional services for the Naples Jail, Project Number 52008.
In the amount of $41.90000 and to recognize a $164,937,60 rebate from FP&L
10/24/2006 9 00:00 AM
Date
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Facilities Management
10/10/20068:36 AM
Approved By
Date
Administrative Services
Ron Hovell
Principal Project Manager
Facilities Management
10/10120068:37 AM
Approved By
Date
Administrative Services
Linda Best
Contracts Agent
Purchasing
10/10/200610:42 AM
App roved By
Date
Administrative Services
Steve Carnell
Purchasing/General Svcs Director
Purchasing
10/1212oo68:16AM
Administrative Services
Purchasing(General Svcs Director
Date
App roved By
Steve Carnell
Purchasing
10112120068:16 AM
Approved By
Date
Administrative Services
OMS Coordinator
Administrative Assistant
Office of Management & Budget
10/12/200610:31 AM
Approved By
Date
County Manager's Office
Susan Usher
Senior Managament/Budget Analyst
Office of Management & Budget
10/13120062:21 PM
App roved By
Managem~mt & Budget Director
Date
County Manager's Office
Michael Smykowski
Office of Management & Budget
10/16120064:16 PM
Approved By
Dato
County Manager's Office
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/17120069:19 AM
Date: Wednesday, October 04, 2006
Ll.g€lnds Item No, :6r::.1
" OctQb~r 24, 2006
E-Matled To BonnIe: Thursday, October j, 4Altl'ge 4 of 10
,",
"""
j
I
I
)
THIS CHANGE ORDER WILL BE REPORTED TO THE BCC AS AN AGENDA ITEM, LOG
IN FOR FINANCE ONLY.
Project Name: Naples Jail Center
Project Number: 52008
BIDIRFP #:
98-2867-2004
Mod#:
8
PO#:
4500023475
Work Order Number: NA
Contractor/Consultant: Schenkel Shultz, Ine,
Original Contract Amount: $ 845.4] 9.00
(Starting Point)
Current BCC Approved Amount:
$ 929.5]9.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
S 929,5] 9.00
(Including All Changes Prior To This Modification)
Change Amount:
$
41.900,00
Revised Contract/Work Order Amount: S 971.449,00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: I- 126,000
Percentage Of The Change Over/Under Revised Contract Amount:
]4.9]
%
Overview of change: To provide for additional Construction Administration services, provide architectural electrical
engineering survey and to design for re-circulating of the existing dormitory and to provide for construction/permit documents
associated to existing fire alarm system, During renovation construction, it was determined that the existing fire alarm system
was deficient and should be updated, life safety items needed to be added to the existing generator circuit. Also included is a time
extension of nine~ wo (9 day t e new completion date is December 3], 2006.
Date: /0 ~t/'l6
Contract Specialist.
Scanned Date:
Data Entry Information:
Type of Change: Contract
Project Manager: Peter Hayden
Department: Facilities Management
Change Category Type, Circle One Below:
r---~
'-.t...X!.anned or FJ....t~
2. Unforeseen Conditions
3. Quantity Adjustments
4, Correction of Errors
5, Value~
t~chedule Adjust~s
ReVIsed 7111105
CONTRACT/WORK ORDER MODIFICAnON
CHECKLIST FORM
Agenda Item No,16E4
October 24, 2006
Page 5 of 10
-..:tOJECT NAME: Naoles Jail Center PROJECT #: 52008
BID/RFP #: 98-2867 MOD #:
8
PO#:4500023475 WORK ORDER #:
DEPARTMENT: Facilities
Original Contract Amount:
$ 845,419.00
(Starting Point)
Current BCC Approved Amount:
$845,419.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$929,519.00
(Including All Changes Prior To This Modification)
Change Amount:
$41,900.00
Revised ContractIWork Order Amount:
$971,449.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $126,000.00
Date of Last BCC Approval 1/13/2004
Agenda Item # 16 E 7
Jercentage of the change over/under current contract amount % 14.91
'ormula: {Current Amount / Last BCC approved amount)-1
,{esults and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specifiC information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section II\.C,4.
CURRENT COMPLETION DATE (S):ORIGINAL: 1/31/2006 CURRENT: ,1.2'1'01 /J. -31-07
SUMMARY OF PROPOSED CHANGE (S): Provide additional Construction Administration services, provide
Architectural Electrical Engineering survey and design for re-circuiting of the existing dormitory and additional
services for Architectural and Electrical Engineering to provide construction/permit documents associated to
existing fire alarm system.
JUSTIFICATION FOR CHANGE (S):What value or benefit do these changes provide to the project? During
the construction of the jail renovation project it was determined that the existing fire alarm system was deficient
and needed to be updated. Additionally life safety items needed to be added to the existing generator circuit.
PARTIES CONTACTED REGARDING THE CHANGE: Peter Havden. Pete Tuffo. Garv Krueoer. Ron Hovel!,
Linda Best. Skio Camo. Beckv Erickson
IMPLEMENTATION STEPS (Verify each before proceeding with change using y, N or N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consul regarding the change
_ Y _ Proposed prices, fees and costs set fo in e change are reasonable
PROJECT MA
APPROVE BY:
ON' his form Is to be Slg~ ~atad.
. Date: t t- ~_
-,
Pro~ tJanag~ ,(.1.-
REVIEWED BY: L~ /.YJ..
Contra Spec 1st
Date: I';, 1-010
~<:~~"'.::'i~'~" ."
~
~.~
\('
Agenda Item No. 16E4
October 24, 2006
Page 6 of 10
CHANGE ORDER
CHANGE ORDER NO. Eight (8)
CONTRACT NO.98-2867 -2004
BCC Date: 1/13/2004
Agenda Item: 16 E 7
TO: Mr Peter Hayden
Collier County Govemment Center
Facilities Management Department
3301 Tamiami Trail East
Naples FI 34104;
DATE: September 22, 2006
PROJECT NAME: Nae/es Jail Center
PROJECT NO.: 52008
Under our AGREEMENT dated January 13, 2004
You hereby are authorized and directed to make the following change(s) /n accordance with
terms and conditions of the Agreement Provide additional Construction Administration services,
provide Architectural, Electrical Engineering survey and design for re-circuiting of the existing
dormitory and additional services for Architectural and Electrical Engineering to provide
construction/permit documents associated to existing fire alarm system. I
FOR THE (Additive) Sum of: Forty one thousand, nine hundred Dollars and 00/100 $41,900.00
OrIginal Agreement Amount
Sum of Previous Changes
$845.419.00
$84.100.00
~ 1.900.00
$971.419,00
This Change Oreler (Add) (Deduct)
Present Agreement Amount
The time for completion shall be (increased) by 92 calendar days due to this Change Order.
Accordingly, the Contract Time is now One Thousand eiahtv two ~) calendar days. The
substantial completion date is November 30. 2006 and the final completion date is December 31.
2006. Your acceptance of this Change Order shall constitute a modification to our Agreement and will
be performed subject to all the same terms and conditions as contained in our Agreement indicated
above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out
of or related to the change set forth herein, Including claims for impact and delay costs.
A~pted: J~;I:? ,2006
I
CONTRACTO
Schenkel & ultz, Inc.
OWNER:
,By:
Ga
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Frank Halas, Chariman
./ .;;..
Agenda Item No, 16E4
October 24,2006
Page 7 of 10
DEPARTMENT DIRECTOR
By:
Skip Camp
DIVISION ADMINISTRATOR
By:
Len Golden Price
CONTRACT SPECIALIST
By:
Linda Best
Approved As To Form
and Legal Sufficiency:
Print Name:
Assistant County Attorney
. :. .:~";""
SCHENKELSHULTZ
D D 0 ARC " IT! C , U R E C C C
Agenda Item No, 16E4
October 24,2006
Page 8 of 10
DATE:
August 2, 2006
Mr, Peter Hayden. Sr. Project Manager
Collier County Government
Department ofFaciIities Manager
Facilities Management Bldg, W,
3301 East Tamiami Tmil
Naples. FL 34112
additional services
TO:
FROM:
Gmy F, Krueger, AlA
SCHENKELSHULTZ
PROJECT:
Naples Jail Center
COMMISSION NO:
0420300
'The following services have been requested and will be additional services at the following rate,
Description:
Additional services to provide Architectural and Electrical Engineering swvey and design for re-circuiting of
the existing donnitory and associated COIridor lighting from the IIOI1DaI power distribution system to the
emergency power distribution system within Building 1. Services include one (I) design review meeting.
Submittals consist of 50% and l~ Construction Documents,
Compeasatioa:
Hourly Not-to-Exceed; FIVe Thousand Five Huodred Seventy Dollars and Noll 00 ($ 5,570,(0)
SchenkcJShuJtz (Cons1rnction Administration coordination)
TLC Engineering
Total
S 1.320,00
S 4.250,00
S 5,570,00
Reimbursables shaD be as stated in the prime agreement betwea1 Owner and Architect,
Please indicate your acceptance in the space provided and return one signed copy for our files,
Accepted by Architect:
Accepted by Owner:
SCHENKELSHULTZ.Inc.
~~
CollierCounty Government
Gary F, Krueger
Principal
Signature
Icfm
I
Name and Title (printed)
cc: Marty MillerlSCHENKELSHULTZ
0420300/contract file
Date
SCHENKELSHULTZ - Fort M,ea . 1591 Hayley lAM, Suite~)) . Ft. Myers, Florida 33907
!'bane 239-481.Q200 . FlIll239-481-3303 . www.schenkelshultuom . Arcbitec:1lnJ License AA.0J00937
~20300"'",_) _\ASCCO~_Add~~A1I:CU20300.doc
PIp I or)
:~i;-1~~:~~~~:,
.,
,:~
~
Agenda Item No, 16E4
October 24, 2006
Page 9 of 10
SCHENKELSH U LTZ
c C CA. , HIT e , T U . E C 0 C
DATE:
June 7, 2006
additlona. lemces
TO:
Mr. Peter Hayden, Sr, Project Manager
Collier County Government
Deparunent of Facilities Manager
Facilities Management Bldg, W,
3301 East Tamiami Trail
Naples, FL 34112
FROM:
Gary F. Kroeger, AIA
SCHENKELSHULTZ
PROJECT:
Naples Jail Center
COMMISSION NO:
0420300
Tbe following services have been requested and will be additional services at the following rate,
Description:
Additional services for Architectural and Electrical Engineering services to provide constnlctionlpermit
documents associated with modifications to the existing fire alarm system at the old central control location in
the renovated area of the Naples Jail Center to accommodate staffing changes within the current renovated area
at the jail. Required documentation will be generated once field as-built documents have been prepared by
SafeTech and provided to TLC. Services also include one (1) design review meeting, responses to local
pennitting officials' comments and Contractor's Request for Information during the construction period, and
two (2) site visits during construction. Fire protection design is excluded.
Compensation:
Hourly Not-to-Exceed: Four Thousand Six Hundred Fifty Dollars and Noll 00 ($ 4,650,00)
SchenkelShultz (Administration & Coordination)
TLC Engineering
Total
$ 425.00
S 4.225.00
$ 4,650.00
Reimbursables shall be as stated in the prime agreement between Owner and Architect.
Please indicate your acceptance in the space provided and return one signed copy for our files.
Accepted by Architect:
Accepted by Owner:
;;~~
Gary F. Kroeger
Principal
Collier County Government
Signature
CFM
Name and Title (printed)
cc: Marty MillerlSCHENKELSHUL TZ
0420300/contract file
Date
SCHENKEI..SHUI.:rz-FortMym' 1591 Hayley Lane. Suite 201 . Ft.Mycrs.Florida33907
Phone239-41lI-0200 . Fax 239-481-3303 . www.schcnkclshultzcom . Architectural Liccm.sc AA-C000937
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Agenda Item No, 16E4
)J .-~ 0 October 24,2006
~c. Page 10 of 10
cH-tr-/t.-c oM': e-
DATE:
June I, 2006
additional services
TO:
Mr. Peter Hayden, Sr. Project Manager
Collier County Government
Department of Facilities Manager
Facilities Management Bldg, W,
3301 East Tamiami Treil
Naples, FL 34112
FROM:
Gary F, Krueger, AlA
SCHENKELSHUL TZ
PROJECT:
Naples Jail Center
COMMISSION NO:
0420300
The following services have been requested and will be additional services at the following rete,
Description:
Additional services to provide additional Construction Administration services relative to the time extension of
the ArchitecturaI Services Agreement as indicated on Change Order No, 7.
Compensation:
Not-to- Exceed: Thirty-one Thousand Six Hundred Eighty Dollars and Noll 00 ($ 31 ,680.00)
Site Inspector (per Schedule B of Contract) $IIOIhr
(32 hours per month per 9 months extended services)
Reimbursables shall be as stated in the prime agreement between Owner and Architect.
x 288/hrs
$ 31,680,00
SCHENKELSHUL TZ, Inc,
~~
Gary F. Kroeger
Principal
Collier County Government
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Please indicate your acceptance in the space provided and return one signed copy for oW' files,
Accepted by Architect:
Accepted by Owner:
Signature
CFM
cc: 0420300/contract file
Name and Title (printed)
Date
SCHENKElSHUL TZ - Fort M~a . 1$91 Hayley Lane. Suite 201 . Ft Myers. Fllda 33907
Phone 239-481-0200 . Fax 239-481-3303 . wwwschcnkcl.hullz.com . Architectural License AA-COOO937
\lSa-n"l'\NAP.Pro~1042000010420300 Naples JaillPbasc I ImcnmlAS CCG Haydeo 060106 Addll CA gIk 0420300.doe
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Agenda Item No, 16F1
October 24, 2006
Page 1 of 2
,-
EXECUTIVE SUMMARY
Recommendation to approve a $100,000 budget amendment from Fiscal
Year 2006 to cover unexpected salaries/overtime expense by the Isles of
Capri Fire/Rescue.
OBJECTIVE: To obtain approval of a $100,000 budget amendment from Fiscal Year
2006 to cover expended funds for salaries/overtime expenses.
CONSIDERATIONS: During Fiscal Year 2006, Collier County experienced an unusual
amount of hurricanes and brush fires. Hurricane Wilma, in the Fall of 2005, and a
number of separate brush fires, in the Spring of 2006, resulted in the need for overtime by
our full time firefighters and extra hours by our job-bank firefighters. Additionally, an
administrative assistant's salary was funded for the entire year. This expense had not
been included in the Fiscal Year 2006 budget.
FISCAL IMPACT: A budget amendment is needed to recognize $100,000 of additional
salary expense. These funds are available in Reserves for Capital.
,.-..
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves a budget
amendment in the amount of $100,000 to cover unexpected salary expenses incurred
during Fiscal Year 2006 by the Isles of Capri Fire/Rescue. This action is consistent with
the 2006 fiscal year forecast presented at the budget workshops in June 2006,
Prepared By: Emilio Rodri1!uez. Fire Chief
Isles of Capri Fire/Rescue
,.-..
Agenda Item No. 16F 1
October 24, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1&F1
Recommendation to approve a $100,000 budget amendment from Fiscal Year 2006 to cover
unexpected salaries/overtime expense by the Isles of Capri FIre/Rescue.
Meeting Date:
10/24/200& 9:0000 AM
Prepared By
Rod Rodriguez
Board of County
Commissioners
Fire Chief
Date
Isles of Capri Fire Rescue
10/3/20068:28:20 AM
Approved By
Rod Rodriguez
Board of County
Commissloners
Fire Chief
Date
Isles of Capri Fire Rescue
1013/2006 2:35 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's. Office
Office of Management & Budget
10/91200611:10 AM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
10/13/20068:04 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10113/20068:18 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1011312006 9:02 AM
Agenda Item No. 16F2
October 24,2006
Page 1 of 7
-
EXECUTIVE SUMMARY
Recommendation to approve a grant application for the 2007 Polaris Ranger All
Terrain Utility Vehicle Grant Program.
OBJECTIVE: Request approval and signature to apply for a private organization
funded match grant from the U.S. Smokeless Tobacco Company. This grant will allow
the Bureau of Emergency Services and many other Public Safety organizations the use of
this All Terrain Vehicle.
.--
CONSIDERATIONS: Given the geographical layout of Collier County with the Gulf of
Mexico to the west and the Everglades to the east, we are extremely susceptible to severe
weather and our community is exposed to tropical storms and hurricanes from June
through November. From December through June, Collier County is constantly under a
Wildfire threat. The potential for disaster is upon us throughout the entire year and this
donated All Terrain Vehicle can greatly enhance our response times to our most difficult
and almost inaccessible locations. This vehicle can aid our Fire and Rescue Departments
by establishing fire line patrol and reconnaissance in a woodland fire scenario, assist in
Search and Rescue operations; provide transportation for firefighters needing
rehabilitation due to heat stress, and help in post disaster damage assessment. Through
the award of this vehicle, we will be able to improve and strengthen our ability to respond
in an efficient and effective way to a variety of emergency and crisis situations. In the
face of these situations of threat or danger our preparedness, mobility, and rapid response
will save lives and protect property.
FISCAL IMPACT: The value of the donated vehicle is approximately $12,000.00,
however, the Emergency Management Department would only require funds to retro- fit
the A TV for patient and equipment transport and we need to purchase a vehicle trailer.
Total impact would be $7,500.00. lfthe vehicle is awarded, a budget amendment will be
processed to transfer the necessary retrofit funds to the General Fund.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve and sign
the 2007 Polaris Ranger All Terrain Vehicle Grant Program application.
Prepared By: Joseph W. Frazier, Special Projects Coordinator, Department of Emergency
Management
,-
Agenda Item No, 16F2
October 24, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F2
Meeting Date:
Recommendation to approve a grant application for the 2007 Polaris Ranger All Terram
Utility Vehicle Grant Program
10124120069:00:00 AM
Prepared By
Joseph Frazier
Purchasing Agent
Date
Administrative Services
Purchasing
10/12/2006 10:55:20 AM
Approved By
Marlene J. Foard
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
10112/2006 3:44 PM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
10/13/20068:04 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Managers Office
Office of Management & Budget
10117/200610:16 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10117/200611:39 AM
Agenda Item No, 16F2
October 24,2006
Page 3 of 7
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US"~Smokeless
TOBACCO CO.
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Eligible Organizations: Applying organizations must be based in the United States, The following organizations are eligible for consideration as
part of this donation program:
Fire - Volunteer & Career
Police/Sherif( - Municipal/County/State
Wildlife Conservation & Enforcement
EMS/Ambulance
Search & Rescue
Park/Forest Ranger
Application Instructions: Please complete this application form, providing all the information requested, Feel free to send additional material,
including organizational publications, news articles, photographs, DVD, CD or VHS tape that may assist in the evaluation of this application,
Typewritten or computer-printed responses are highly encouraged, Applications and accompanying material become the property of U.S. Smokeless
Tobacco Company and will not be returned, [Please note: We cannot accept e-mail submissions,]
Send this application and any additional materials to: USSTC Operation Ranger, 100 West Putnam Ave., Greenwich, CT 06830.
All materials must be postmarked by midnight Dee, 29, 2006, Organizations previously awarded Trail Gator or Ranger vehicles through the
company's donation programs are ineligible for this award
For more information and important program updates, visit ussmokelesstobacco.com and look under the Corporate Giving section,
1
Agenda Item No. 16F2
1.0RGANIZATION AND CONTACT INFORMATION
Organization name: Collier County Bureau of Emergency Services
Type of organization (police, fire, EMS/ambulance, rescue, wildlife conservation/enforcement, etc.):
Emergency Management, FirelResue, Emergency Medical Services/ Amubulance,
Organization's address (please provide complete street address, not just P.O, Box): 3301 East Tamiami Trail,
Naples FL, 34112
- County in which organization is located (very important): Collier County Florida
Officer in Charge/Command or Supervising Official (include title): Dan Summers, Director, Bureau of
Emergency Services
Organization's contact person for this application (include rank/title): Joseph W. Frazier, Special Projects
Coordinator
Contact daytime phone 239-732-2536 Fax 239-775-5008
number: number:
Evening
number:
239-263-3996
Mobile
number:
239-595-2617
E-mail address (if
applicable ):
josephfrazier@colliergov.net
Is this organization career, volunteer or a combination of Combination
the two?
Approximate number of
personnel:
235 personnel
Applicable equipment $57,500.00
budget:
Total annual
budget:
$841,933.00
2
Agenda Item No, 16F2
, , · h' . 'd' 'nf' C' .. l' '.. Oftober 24, 2006
Orgamzatlon s geograp IC JUrIS letto servIce area I.e., mumclpa Ity, county, regIOn, state, etc.,: Page 5 of 7
Jurisdiction encompasses Collier County, Marco Island, Everglades City, Immokalee, and the City of
Naples
Nearest large or medium-sized city (if applicable); approximate distance and direction from:
In County the closest city is Naples; Ft Myers is north of Collier County and is approximately 20 miles
away.
Newspaper(s) covering your service area:
Naples Daily News, Collier County Citizen, Ft. Myers Daily Press, North Naples Journal, Sun
Times
Television stations covering your service area:
ABC 7, FOX 4, NBC 2, FGCU TV, WINK TV
2. HOW YOUR ORGANIZATION WILL USE THE UTILITY VEHICLE
For this part of the application, feel free to attach additional pages as necessary, If you prefer to make your
organization's case in a separate narrative or videotape, please do so and send it in along with this application
with sections I. and 3. completed,
Does your organization currently own or have access to an A TV? If so, what make and model? Is this
application for a replacement vehicle?
We currently do not own an A TV and we do not have access to one.
If your organization is awarded a utility vehicle, for what major purpose(s) will it be used? (Example: Off-road
search & rescue, wildlife law enforcement, etc,)?
The Collier County Bureau of Emergency Services is extremely grateful for the opportunity to compete
for the Polaris Ranger 6X 6 Utility Vehicle. Our bureau encompasses the Emergency Management
Department which in turn manages the Emergency Medical Services and Fire and Rescue and our
purpose is two-fold, "protection oflife" for our 336,000 plus citizens and continue to help make Collier
County a vibrant and progressive disaster-resistant community. Collier County is the largest county
areawise east of the Mississippi with a total land area of 2,024 square miles. Approximately 1,620 square
miles are preserved land. Collier County is also a coastal community in southwest Florida with the Gulf
of Mexico to the west and the Florida Everglades to the east. Given our location, severe weather is
always a major concern and our community is exposed to tropical storms and hurricanes from June
through November. During tropical storms and hurricanes, residents and vacationers in the flood prone
areas often need to be evacuated to shelters for safety and in a 12 month period, we have sheltered over
28,000 people to ensure their safety from man-made and natural disasters. Wildfires present another
major threat to the safety and well-being of our citizens and since 1998, more than 15,000 wildfires have
devastated over one million acres and destroyed more than 750 structures in Florida. Emergency
Management has activated the Emergency Operations Center eight (8) times in a twelve (12) month span
beginning with Hurricane Charley and ending with Hurricane Wilma. During these times we were able
3
Agenda Item No, 16F2
. . d h 'd Octnb?.!; 24, 2006
to capitalize on many of the "lessons learned" from prevIous expenences an we ave I entifi~ge 6 of 7
-additional critical supplies and equipment that can better enhance our mitigation, preparation, response
J, and recovery from any disaster. A top priority on our needs list is an ATV that has all the attributes
that your company offers. During our after action meetings we have discussed several meaningful uses
for an ATV and they include: 1) Fireline patrol and reconnaissance in woodlands fire scenarios, 2)
Transportation for firefighters needing rehabilitation during events, 3) Search and rescue operations,
especially in the Everglades, 4) Assist in post recovery damage assessment, 5) Assist and transport our
"Special Needs" patients during evacuation and shelter events, 5) Mass Migration from Cuba is another
major issue and the A TV will greatly assist our Sherrifs Office and Fire Fighters in patroling our
coastline. During non-emergent events that our Emergency Medical Services support such as county
fairs, and special fund raising golf tournaments, the A TV would be a tremendous help for our
Paramedics in that it would carry strechers and other medical equipment. The A TV would also be used
as a patient transport in these scenarios. Another primary and extremely valuable use would be to
monitor and patrol our soon to be opened A TV Park. In the past, Collier County has been opposed to
allowing citizens to ride A TV's in certain areas of the County due to potential dangers that are prevalent.
A viable solution came in the form of opening an A TV Park where all citizens could enjoy riding their
vehicle, however, as a public safety division, we would have to have an A TV to effectively patrol and
respond to any emergency condition that may arise.
If your organization is awarded a utility vehicle, where will it be stationed and primarily used?
As a multiple public safety and service organization, all the Bureau's agencies will have the
opportunity to utilize the A TV. In addition, the A TV will be made available to our partnering agencies
_ such as Fish and Wildlife, Sheriff's Department, Department of Health, Human Services, American
Red Cross, Salvation Army and many other public safety and non-profit organizations. If awarded,
the A TV will be more than likely be stationed at one of our centrally located fire stations for easy
access.
Knowing that other emergency organizations will be competing for a limited number of vehicles to be
awarded by USSTC, please describe how your organization intends to use the vehicle and/or how it will
improve your emergency response, patrol or other capabilities,
We realize that there are thousands of deserving organizations out there with a need for this vehicle,
however, "Protection of Life" is paramount to our organization and our geographical lay of the land
sometimes makes it impossible to respond to emergencies in our woodlands or everglade home sites. It
is imperative that we acquire all terrain vehicles to help us traverse these difficult and almost
inaccessible locations. Rapid response will surely save lives and your vehicle will greatly contribute to
our already extraordinary efforts.
Is there any other information that your organization would like the selection committee to consider?
The welfare and safety of our citizens comes first and collectively, our County and its multiple public
service agencies will do everything in its power to take care of our people. Through the award of this
vehicle, we will be able to improve and strengthen our ability to respond in an efficient and effective
way to a variety of emergency and crisis situations. In the face of these situations of threat or danger
our preparedness, mobility, and rapid response will save lives and protect property.
4
3. HOW DID YOU LEARN ABOUT THIS PROGRAM? PLEASE BE SPECIFIC
Agenda Item No, 16F2
October 24,2006
Page 7 of 7
The initial thought process of obtaining an All Terrain Vehicle in support of our departmental
endeavors came about during an "After Action" meeting involving one of our 2006 Wildfires. The
Director of our Bureau took it upon him self to conduct a Web research on the possibility of
purchasing an A TV and came across the USSTC Operation Ranger site. Therefore, we are
respectfully submitting this application with the hopes of being awarded the Polaris Ranger.
4. AGREEMENTS AND CERTIFICA nON
By completing and submitting this application, the undersigned certifY that:
A) You are authorized on behalf of your organization to apply for a utility vehicle through this program and
that said organization will accept delivery of a vehicle if this application is ultimately successful.
B) The applying organization is a governmental, volunteer, or non-profit entity with appropriate tax exempt
and/or SOI(e) (3) status under IRS regulations.
C) If awarded a utility vehicle; your organization will participate in a press release, presentation event with
USSTC representatives and appropriate officials, and other informational activities that may include media
interviews, video or still photography for use by newspaper, magazine, radio and television outlets. If you
have questions about the donation announcement, please contact the USSTC Operation Ranger line at 203-
622-3368.
Signed:
Officer in Charge/Command or
Supervisory Official
Joseph W. Frazier
Special Projects Coordinator
Collier County Bureau of
Emergency Services
Frank Halas
Chairman, Collier County Board
of County Commissioners
Please print name & title
Please print name & title
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US~Smokeless
TOBACCO CO,
100 West Putnam Ave" Greenwich, CT 06830
203-622-3368
4Il-SP1n...~~
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5
Agenda Item No, 16F3
October 24,2006
Page 1 of 119
,-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the Collective
Bargaining Agreement with the Collier EMSlFire Bargaining Unitt Southwest Florida
Professional Firefighters Local1826t International Association of FirerIghters, Incorporated.
OBJECTIVE: For the Board of County Commissioners to approve the Collective Bargaining
Agreement with the Collier EMS/Fire bargaining unit, Southwest Florida Professional Firefighters
Local 1826, International Association of Firefighters, Inc. as well as the budget amendments to
fund the negotiated salary adjustments.
.-
CONSIDERATIONS: On September 28, 2006, the Southwest Florida Professional Firefighters
Local 1826, International Association of Firefighters, Inc., through its bargaining unit members,
tentatively agreed to the terms of a proposed Collective Bargaining Agreement with the County, as
negotiated by County staff, which was subsequently approved by its members through a vote
conducted on October 9-10,2006. The proposed Collective Bargaining Agreement is a three year
contract which runs from October 1, 2006 through September 30, 2009. The salary increases
under the Agreement will be retroactive to be included on the bargaining unit member's first
paycheck for fiscal year 2007; just as recent salary increases were provided to the County's other
employees. A copy of the Collective Bargaining Agreement is attached to this Executive
Summary as Exhibit "A."
A few examples of the way this Collective Bargaining Agreement benefits the County compared to
the prior agreement include:
· Reorganizes and clarifies the grievance procedure and reduces the amount of time to
process grievances;
· Removes the limit on the number of part-time employees management can hire to work
and increases the number of bi-weekly hours part-time employees can work by twenty-
four (24) hours;
· Reduces the number of shift exchanges employees can take from unlimited to only five
(5) per month and provides other such restrictions to allow for easier scheduling of
employees;
· Places more discretion in the Chief of EMS/Fire to direct his employees and to control
the direction of his workforce and assign duties.
On September 12, 2006, Agenda Item 16F6, the Board of County Commissioners approved a
resolution to increase EMS user fees. The increase in user fees will substantially help offset the
proposed union pay increases.
-
Agenda Item No, 16F3
October 24, 2006
Page 2 of 119
FISCAL IMP ACT: The proposed salary range adjustments for the bargaining unit positions
represents the fIrst increase in over three (3) years; and is consistent with the methodology and
salary surveys used to make wage adjustments to non-union classifIcations throughout the County.
Further, under the proposed Collective Bargaining Agreement, the union will not receive any
COLA adjustment or Merit Pay for the fIrst year of the contract Two Budget Amendments are
necessary to fund this Agreement as follows:
Funds Needed
Emergency Helicopter
Medical Services Operations
Pay Increases $1,174,580
Associated Costs (FICA 334,000
Retirement, Life Insurance
Total $1,508,580
$15,160
2,637
$17,797
Source of Funds
EMS User Fees
Fund 490 Reserves
General Fund Reserves
Total
$1,490,400
18,180
$1,508,580
17,797
$17,797
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this action.
RECOMMENDA nON: That the Board of County Commissioners:
1. Approve the October 1, 2006 through September 30. 2009 Collective Bargaining
Agreement with the Southwest Florida Professional Firefighters Local 1826. International
Association of Firefighters, Inc., as endorsed by the EMSlFire Chief and staff, and as
addressed and discussed herein, and
2. Authorize the Chairman to execute the Collective Bargaining Agreement; and,
3. Approve a Budget Amendment in the amount of $17.797 to fund the increas~s for
Helicopter Operations and a Budget Amendment in the amount of $1,508.580 to fund the
increases for Emergency Medical Services.
PREPARED BY: Jeff Page, ChiefofEMS/Fire
Dan Summers, Director. Bureau of Emergency Services
Scott R. Teach, Assistant County Attorney
,,,...,,
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F3
October 24. 2006
Page 3 of 119
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F3
Recommendation that the Board of County Commissioners approve the COllective
Bargaining Agreement With tile Collier EMS/Fire Bargaining Unit Southwest Florida
Professionai Firefighters Local 1826, InternCltronal AssoCiation of Firefighters, incorporated
10/24/20069:0000 AM
Date
Prepared By
Jeff Page
Bureau of Emergency
Services
EMS Chief
EMS
10/121200611:19:30 AM
Approved By
Date
Jeff Page
Bureau of Emergency
Services
EMS Chief
EMS
10/12/200612;37 PM
Date
App roved By
Scott R. Teach
County Attorney
Assistant County Attorney
County Attorney Office
10/1212006 2:49 PM
Date
Approved By
Dan E. Summers
County Manager's Office
Bureau of Emergency Services Director
Bureau of Emergency Services
10/13/20068;04 AM
Date
Approved By
Sherry Pryor
County Manager's Office
Management & Budget Analyst
Office of Management & Budget
10/13/200611:16 AM
Date
Approved By
Michael Smykowski
County Managers Office
Management & Budget Director
Office of Management & Budget
10/13/200612:04 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County M ana gar
County Manager's Office
10/13/20063:39 PM
Agenda Item No, 16F3
October 24, 2006
Page 5 of 119
TABLE OF CONTENTS
ARTICLE 1 - PREAMBLE.......... '............ '..................... ...... ................ ............................. ......... 1
ARTICLE 2 - RECOGNITION......................................,......,.. ..................... ............................,.3
ARTICLE 3 - MANAGEMENT RIGHTS................................ ...... .......... ................. ..................4
ARTICLE 4 - STRIKE PROHIBITION AND WORK REQUIREMENTS ................................... 8
ARTICLE 5 - NON DISCRIMINATION.... ...... ....... ..... .............................. ........ ................ .........9
ARTICLE 6 - DUES DEDUCTION....... ........................... .......................... ............................... 10
ARTICLE 7 - REGULAR PART -TIME EMPLOYEES ...................... ...... ........... ........... ...........14
ARTICLE 8 - SENIORITy......... ................ .............. .......,............................. ........................ ...15
ARTICLE 9 - GRIEVANCE AND ARBITRATION PROCEDURE ..........................................18
ARTICLE 10 - PERSONNEL REDUCTION............... ..................................... .............. ...........24
ARTICLE 11 - PROMOTIONS/REASSIGNMENT WITHIN UNIT ........................................26
ARTICLE 12 - HOURS OF WORK AND OVERTIME............................................................. 28
ARTICLE 13 - SICK LEAVE.......... .......................................................................................... 31
ARTICLE 14 - VACATION LEAVE............... ............. ............................................................ 3 8
ARTICLE 15 - LEAVES OF ABSENCE.... .................... ................. .......................................... 43
ARTICLE 16 - BEREAVEMENT/JURY DUTY /WITNES S DUTy......... .................................4 7
ARTICLE 17 - MILITARY LEAVE................................................................................. .........50
ARTICLE 18 - SHIFT EXCHANGE........................................... .............................................. 52
ARTICLE 19 - HOLIDAYS ................. ............ .............................. .......................................,...54
ARTICLE 20 - WAGES & INCENTIVES ................. ................................ ............. ................... 56
o
Agenda Item No, 16F3
October 24, 2006
Page 6 of 119
TABLE OF CONTENTS
(Cont'd.)
ARTICLE 21 - BENEFIT OPTION PLAN .....,...,.........,...,....,.......................................,..,......,.57
ARTICLE 22 - RETIREMENT PLAN ..., ..' ,....... ,........'..,.. ................. ...................,. ........ ........... 59
ARTICLE 23 - TUITION REIMBURSEMENT................. ..................................... ............ .......60
ARTICLE 24 - OUTSIDE ACTIVITIES.......................................................................... ......... 62
ARTICLE 25 - BULLETIN BOARD SPACE ....... ..... ................. ,...... ........ ........ ........ ................ 63
ARTICLE 26 - UNION BUSINESS AND UNION TIME BANK ..............................................64
ARTICLE 27 - UNIFORMS AND EQUIPMENT.. .................................................................... 67
ARTICLE 28 - MISCELLANEOUS.......,............,............,..... ..................................,....,.... ....... 72
ARTICLE 29 - HEALTH AND SAFETy..........",....,...., ............,....., .................... ............ ......., 74
ARTICLE 30 - ALCOHOL AND DRUG TESTING .................................................................. 77
ARTICLE 31 - STATION FACILITIES.................................................................................... 80
ARTICLE 32 - STAFFING............,..............,................,.."..,..,...............,..................,............. 82
ARTICLE 3 3 - SPECIAL EVENTS.........,....,....,.. ................",..........,....,.................................. 85
ARTICLE 34 - EDUCATIONAL INCENTIVES.................... ...................................................86
ARTICLE 35 - LICENSURE" ................. .................', ................,.. .......... ..........., ..........., '.. ....... 88
ARTICLE 36 - IN-SERVICE/CONTINUING EDUCATION TRAINING ................................. 89
ARTICLE 37 - OUT -OF-TOWN TRANSFERS AND TRAVEL ..............................................,92
ARTICLE 38 - MEDICAL QUALITY ASSURANCE .......,.......................................................93
ARTICLE 39 - SAVINGS CLAUSE......".. .......... ,.....,..,............"........... ............,..........,.. ........ 94
ARTICLE 40 - EMPLOYEE RECOGNITION AND REWARDS PROGRAMS........................ 95
ARTICLE 41 - LABOR/MANAGEMENT TEAM ..............................,..................................... 96
ARTICLE 42 - DURATION .......". ..........,..".., ..............,...... ........."".... .................... ........ ........ 97
o
Agenda Item No. 16F3
October 24, 2006
Page 7 of 119
TABLE OF CONTENTS
(Cont'd.)
Appendix A - County Administrative Procedure 5351 - Discipline
Appendix B - County Administrative Procedure 5805 - Eligibility to Drive County Vehicles
o
Agenda Item No, 16F3
October 24,2006
Page 8 of 119
ARTICLE 1
PREAMBLE
Section 1.1 - Parties
In accordance with Chapter 447, Part II of the Florida Statutes, this Agreement is entered into
by and between Collier County Board of County Commissioners (hereinafter "BCC," "County,"
"EMS/Fire," or "Emergency Medical Service/Fire Department") and the Southwest Florida
Professional Firefighters, Local 1826, International Association of Firefighters, Inc, (hereinafter,
"Union").
Section 1.2 - Purpose
It is the intended purpose of this Agreement to achieve and maintain harmonious relations
between the County and the Union, It is contemplated that this Agreement will serve the public
interest by maximizing the efficiency and productivity of employees and providing fair treatment
and compensation, and provide a procedure for the resolution of claims that this Agreement has been
violated by either party,
Section 1.3 - Responsibility
The Union further recognizes the responsibilities imposed upon it as the exclusive bargaining
agent of the Employees who are covered by this Agreement. The Union recognizes that in order for
the County to provide maximum opportunities for the continuing employment and good working
conditions, the County must be in a strong position, which means it must do business at the lowest
possible cost consistent with fair labor standards, Therefore, the Union, through its bargaining
position, assumes ajoint responsibility in the attainment of the aforementioned goals and agrees it
will cooperate with the County through its agents and designated stewards by supporting the
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County's efforts to achieve a fair day's work by the employees covered by this Agreement, to
actively combat absenteeism, slowness, and all other practices by employees which restrict or tend to
restrict productivity.
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ARTICLE 2
RECOGNITION
Section 2.1 - Unit Description
The County hereby recognizes the Union as the exclusive bargaining agent for all employees
ofthe County as certified by the Florida Public Employees Relations Commission in Case No. RC-
99-027, Cert. No. 1273, October, 1999.
The appropriate bargaining unit is comprised of full-time and regular part-time employees in
the following classifications:
INCLUDED: Emergency Medical Technician
Paramedic
Paramedic/F irefighter
Helicopter Pilot
Lieutenant (Company Officer)
Lieutenant (Company Officer)/Paramedic/Firefighter
EXCLUDED: Managerial Employees
Confidential Employees
All employees not specifically included in the above-described unit.
Section 2.2 - Part-Time Emplovees
The County reserves the right to hire regular part -time employees to perform bargaining unit
work, provided that the County will not use regular part-time employees to fill regular, budgeted
full-time positions while employees are laid off and eligible for and subject to recall under Article
10.
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ARTICLE 3
MANAGEMENT RIGHTS
Section 3.1 - Specific Riehts
The management of the Emergency Medical Service ("EMS/Fire") and the direction of its
work force, including but not limited to the exclusive rights to determine whether all or any part of
the operations covered by this Agreement shall commence, cease, continue, reduce or increase; to
eliminate the operation or any part thereof; to change station locations; to increase or decrease the
number of stations; to establish or eliminate battalions; to assign or reassign personnel within or
among battalions or within or among shifts or stations on a temporary or permanent basis, consistent
with the Agreement; and to establish new jobs; to abolish or change existing jobs; to increase or
decrease the number of jobs or employees; to change materials, processes, products, service,
equipment, work schedules and methods of operation; to introduce new materials, equipment,
services or facilities; to assign work to be performed; to establish and modify job descriptions; to
assign and require employees to work overtime; to establish and change hiring procedures; to set the
work schedules consistent with the Agreement; to evaluate and direct the work of the employees
covered by this Agreement; to maintain, enforce, rescind or change EMS/Fire policies, procedures,
rules of conduct, orders, practices, directives and other operational procedures, policies and guides
not inconsistent with this Agreement; to establish the standards of conduct and work of employees;
to establish or change operational standards; to determine the services to be provided by the
EMS/Fire; to discipline, demote or discharge employees for proper cause; to layoff employees from
duty for lack of work or for other legitimate reasons; to establish requirements for employment; to
promote employees and to have complete authority to exercise those rights and powers incidental
thereto, including the right to alter or vary past practices as may be necessary for the orderly and
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efficient operation of the EMS/Fire, shall all be vested exclusively in the County, subject only to
such restrictions governing the exercise ofthese rights as are expressly and specifically provided in
this Agreement.
The County's failure to exercise any right hereby reserved to it or its exercising any right in a
particular way shall not be deemed a waiver of its right to exercise such right nor preclude the
County from exercising the same right in some other way not in conflict with the express provisions
of this Agreement.
Section 3.2 - Reserve Ri2hts
There shall be complete regard for the right, responsibilities and prerogative of County
management under this Agreement. This Agreement shall be so construed that there shall be no
diminution or interference with such rights, responsibilities and prerogatives, except as expressly
modified or limited by this Agreement.
Section 3.3 - Civil Emen!encv
If, in the sole discretion ofthe Chair of the County Commission, or if unavailable, the Vice
Chair, or if unavailable, the County Manager, it is determined that a civil emergency condition
exists, including but not limited to riots, civil disorders, hurricane conditions or other catastrophes,
the provisions of this Agreement may be suspended by the County during the time of the declared
emergency, provided that wage rates and monetary fringe benefits shall not be suspended.
Section 3.4 - Incidental Job Duties
It is understood by the parties that every incidental duty connected with the operations
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enumerated injob descriptions is not always specifically described and employees, at the discretion
of management, may be required to perform other job related duties not specifically contained in
their job description.
Section 3.5 - Inherent Mana2ement Functions
Those inherent managerial functions, prerogatives and policy-making rights which the
County has not expressly modified or restricted by a specific provision of this Agreement are not in
any way subject to the grievance and/or arbitration procedure contained herein.
Section 3.6 - Policy Chan2es
The County agrees to provide notice to the Union, in writing, of any change in EMS/Fire
policies or rules of general application prior to implementation, which would affect members ofthe
bargaining unit. If the written notice affects wages, hours of work or terms of employment, absent
exigent circumstances the Union will have fourteen (14) calendar days from the date ofthe notice or,
if no notice was given, from the date the internal Union 0 fficial( s) became aware of any proposed
change, to file any objections to the proposed changes with the County, which shall consider the
objections before making its final decision. The objections, if any, will be filed with the EMS/Fire
Chief or designee.
Section 3.7 - Desi2nee
Unless a specific Section of the Agreement states to the contrary, the Director ofthe Bureau
of Emergency Services is a designee of the Emergency Medical Services/Fire Department.
Section 3.8 - Impact Ban!ainin2
Nothing contained in this Article shall be interpreted as a waiver of the Union's right to
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bargain over any impacts the exercise of these rights may have on wages, hours and/or terms and
conditions of employment.
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ARTICLE 4
STRIKE PROHIBITION AND WORK REQUIREMENTS
Section 4.1 - Strike Prohibition
The Union and bargaining unit members do not assert and will not assert or advocate any
right to engage in any work stoppage, slow down or strike, or to withhold services or otherwise
hinder the County's operations. Each employee who holds a position with the Union also occupies a
position of special trust and responsibility in maintaining and bringing about compliance with this
Article and the strike prohibition of Section 447,505, Florida Statutes and the Constitution of the
State of Florida, Article 1, Section 6.
Section 4.2 - Discipline Recoenized
Any and all employees who violate any provision 0 fthe law prohibiting strikes or this Article
shall be disciplined, up to and including discharge, by the County.
Section 4.3 - Remedies
It is expressly agreed and understood that in the event of a strike, the County may, in addition
to other remedies available to it under law, petition a court of competent jurisdiction for appropriate
inj uncti ve relief, and! or cancel this Agreement. If this Agreement is cancelled as a result 0 fa strike,
the parties agree that the County has all the rights it had prior to the time the Union was certified and
that it may make unilateral changes in wages, hours or terms and conditions of employment.
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ARTICLE 5
NON DISCRIMINATION
Section 5.1 - Union/Non-Union Activity
There shall be no discrimination, interference, restraint, or coercion by the County against
any employee for activity on behalf of, or membership in, the Union. There shall be no
discrimination, interference, restraint or coercion by the Union or any Union member against any
employee because of that employee's refusal to join the Union or participate in Union activity.
Section 5.2 - Protected Class
Employee rights as provided by local, state and/or federal law are hereby recognized;
provided that allegations of discrimination based on race, sex, religion, national origin, disability,
age or color or any other current or future protected class will be resolved in the appropriate court or
administrative agency and not under Article 9, Grievance and Arbitration Procedure.
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ARTICLE 6
DUES DEDUCTION
Section 6.1 - Authorization
The County, through the Office of the Clerk of the Court of Collier County, shall deduct
from the pay of all Union members who authorize such deduction, the monthly dues payable to the
Union. The County reserves the right to bill the Union for the cost of dues deduction if the Clerk of
the Court charges the County for this service.
Section 6.2 - Deduction
Payroll deduction shall be accomplished in equal shares on the first and second pay period of
each month. The County will only be responsible for deducting dues associated with the 26
paycheck schedule. There is no obligation for the County to deduct dues from specially prepared
checks, such as early vacation pay.
Section 6.3 - Form
Employees desiring the dues deduction shall authorize it by completing an appropriate form
prescribed by the County. The form is attached hereto as Exhibit 1.
Section 6.4 - Indemnification
The Union agrees to indemnify the County and the Clerk of the Court, and hold them
harmless, from and against any liability, real or asserted, of any kind or nature whatsoever, to any
person or party, on account of the County or the Clerk's compliance or efforts to comply with this
Article. Neither the County nor the Clerk of the Court has any obligation to inform employees of
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the amount of Union dues or change of such dues.
Section 6.5 - Certification of Dues Amount
It shall be the Union's obligation to keep the County at all times informed, by certification by
the Secretary/Treasurer of the Union, ofthe amount of the uniform dues. Pay will only be deducted
for employees who comply with Section 1 of this Article and who authorize deduction of dues by
executing Exhibit 1.
Section 6.6 - Transmission of Dues to Union
The monthly transmission of dues money to the Union will be accompanied by a list of
names of employees affected, and the amount transmitted with regard to each.
Section 6.7 - Limitation on Deductions
No deductions will be made at any time for any monies representing fines, fees, penalties, or
special assessments.
Section 6.8 - Effective Date of Deduction
The obligation to commence making deductions on account of any particular authorization
shall become effective with respect to the calendar month following the month in which the
authorization is received, provided it is received on or before the 20th of the month by the County.
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Section 6.9 - Cancellation
Any employee may withdraw from membership in the Union at any time upon 30 days
written notice to the County and the Union. Upon receipt of such notification, the County shall
terminate dues as soon as practical.
Section 6.10 - Role of Collier County Clerk of Court
It is understood that the Clerk of the Court is a Constitutional Officer and is not subject to
control by the Collier County Board of County Commissioners. Preparation of the County's payroll
and Union dues deduction is a service provided by the Collier County Clerk of the Court. Therefore,
the County is neither responsible nor liable for failure to withhold Union dues or mistakes made in
dues deduction by the Clerk's Office. The County will work with the Union to correct any mistakes
made by the Clerk's Office.
Section 6.11 - Good and Welfare Fund
A good and welfare fund will be established with a portion of Union dues collected for Local
1826/LA.F.F., Inc., District 14 members.
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ARTICLE 6 -- EXHIBIT 1
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AUTHORIZATION FOR PAYROLL DEDUCTION OF UNION DUES
I hereby authorize the Collier County Board of County Commissioners, through the Clerk
of the Court of Collier County, to deduct from my earnings, the regular monthly dues (uniform
in dollar amount) in the amount certified by the Treasurer of Local 1826/LA.F,F" Inc" and
further authorize the remittance of such amounts to said local Union in accordance with the
currently effective Agreement between the County and the Union, This authorization is
revocable by a notice in writing to the Collier County Board of County Commissioners.
I hereby waive all rights and claims for said monies so deducted and transmitted in accordance
with this authorization and, further and separately, relieve the County and the Clerk, and the
respective agents and employees of each from any liability therefor.
NAME DATE
SOCIAL SECURITY NUMBER
SIGNATURE
AUTHORIZATION TO STOP PAYROLL DEDUCTION OF UNION DUES
I hereby authorize the Collier County Board of County Commissioners, or its agent, to stop
deducting the sum which was designated and current by the Treasurer of Local 1826/LA.F ,F.,
Inc. from my wages,
NAME DATE
SOCIAL SECURITY NUMBER
SIGNATURE
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ARTICLE 7
REGULAR PART-TIME EMPLOYEES
Section 7.1- Reeular Part-Time Emplovees
The County reserves the right to hire regular part-time employees to perform EMT and
Paramedic duties bargaining unit work, provided that a regular part-time Paramedic will not be in
charge of a unit. The County will not use regular part-time employees while there are qualified full-
time employees on lay-off eligible for recall.
Section 7.2 - Pay
Regular part-time employees shall not be permitted to work more than one hundred sixty-
eight (168) hours in any pay period. The County agrees to maintain records of the number of hours
that regular part-time employees work; if a regular part-time employee has an excess of one hundred
sixty-eight (168) hours and knowingly accepts more hours they may be disciplined. A Union
representative will have access to paYToll records to ensure compliance. The regular part-time
employee must notify the County if the offered hours will cause them to exceed the one hundred
sixty-eight (168) hour maximum. Regular part-time employees will be paid at the rate set forth in
Article 20. Benefits, except to the extent required by law, or as outlined by this Agreement, will not
be paid to part-time employees.
Section 7.3 - Not Covered bv Contract
Part-time employees are covered by any Article of this Agreement unless the Article or
Section specifically excludes part-time employees.
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ARTICLE 8
SENIORITY
Section 8.1 - Definition
Seniority is defmed as continuous, regular service with the Collier County EMS/Fire and is
that time actually spent on active payroll plus those periods specified in Section 2 of this Article.
The seniority date shall be an employee's last date of hire in Collier County EMS/Fire. If two or
more employees have the same EMS/Fire date of hire, relative seniority will be determined by the
last four digits ofthe employees' social security numbers, with the lowest number the most senior. It
is agreed that the seniority provisions ofthis Agreement shall not apply to employees who have not
completed their probationary period; however, upon the satisfactory completion of his/her
probationary period the employee will be entered on the seniority list as of the original date of hire.
For purposes ofthis Article, Article 10 and the Vacation Section under Section 14,3, seniority for a
part-time employee who becomes a regular full-time employee will begin on the date of hire as a
part-time employee, following completion of probation, Seniority does not apply to benefit accruals
or for any other purpose under this Agreement.
For bid purposes employees that work on a ground ambulance will base their seniority on
their original date of hire, as calculated by Section 8,2, For employees that participate in specialty
programs or within the firefighter classifications, their seniority will be based on the first date that
the employee started working in that program; in the event acceptable documentation of the start
date is unavailable, seniority will revert to the original date of hire,
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Section 8.2 - Calculation of Seniority
In computing an employee's seniority, the following periods of time shall be included:
A. Approved leaves of absence.
B. Vacation periods.
C. Periods of temporary layoff for a regular employee up to six (6) months.
D. Periods of illness or accident up to one (1) year.
E. Qualifying periods of service in the Armed Forces of the United States.
F. Leave granted under the Family Medical Leave Act.
Section 8.3 - Loss of Seniority
Unless otherwise stated, an employee shall be terminated and shall lose all accumulated
seniority if:
A. He/She voluntarily quits.
B. He/She is discharged and not reinstated with full benefits under the County
Procedures.
C. He/She has been continuously laid off for a period of more than six (6) months.
D. He/She fails to return to work on the date designated in a notification to return to
work following layoff.
E, He/She fails to return to work at the end of any period specified in Section 8,2.
Section 8.4 - Break in Service
When there has been a break in continuous employment for thirty (30) days or more, except
for any approved leave or a layoff, the affected employee, upon reinstatement or re-employment,
will be considered a new employee for all purposes under this Agreement.
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Section 8.5 - Probationary Period
The first twelve (12) months of employment with Collier County EMS/Fire shall be
considered probation. A full time employee will be off probation and considered a regular full-time
employee upon receipt of a "meets expectations or above" or other comparable evaluation, which is
performed during the 12th month of employment. This probationary period may be extended up to
three (3) months.
Section 8.6 - Annual Seniority List
The County shall provide by October l51 of each year, a seniority list of regular full-time
employees in the bargaining unit. The seniority list shall be based on the last date of hire with
Collier County EMS/Fire. The seniority list shall be used as required for the basis of action under
other articles of this Agreement. The seniority list shall be conclusively presumed accurate unless
challenged by the Union within fourteen (14) calendar days of its receipt by the Union.
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ARTICLE 9
GRIEVANCE AND ARBITRATION PROCEDURE
Section 9.1- Purpose
In a mutual effort to provide a hannonious working relationship between the parties to this
Agreement, it is agreed to and understood by both parties that there shall be a procedure for the
resolution of grievances between the parties arising from any alleged violation of a specific term of
this Agreement other than any matters relating to discipline and discharge.
Section 9.2 Grievance
A. For the purpose of this Agreement, a grievance is defined as a dispute, claim or
complaint that any employee or group of employees may have as to the interpretation, application,
and/or alleged violation of some express provision of this Agreement which is subject to the
Grievance Procedure.
B. Any grievance involving discipline, up to and including termination is governed by
the County Policy as described in Section 9,6 and is not subject to the Grievance and Arbitration
Procedure. Disciplinary actions that do not involve suspension or termination are subject to the
Grievance Procedure through Step 3, but not to arbitration under this Article.
C. The Union or employee may abandon or settle a grievance. Grievances settled under
this Article shall be non-precedent setting and cannot be offered as evidence or as precedent in any
subsequent arbitration case unless the Union and the County mutually agree in writing that the
grievance is precedent setting.
D. No grievance can be amended or supplemented after the initial management response
at Step 1 without the written consent of the Emergency Medical Services/Fire Chief.
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E. There is no duty to arbitrate any grievance where the factual basis of the grievance
occurred prior to the execution of this Agreement or after the expiration of this Agreement.
Section 9.3 - Ri2ht of Individuals to A Just Grievance
Nothing in this Agreement shall be construed to prevent any employee from presenting, at
any time, his/her own grievance in person and having such grievances adjusted; provided the
adjustment is not inconsistent with the tenns of this Agreement. If the grieved employee requests
Union representation, the grievant will notify the Emergency Medical Services/Fire Chief or
designee. It is the responsibility of the grievant to notify the Union of any meeting called for the
resolution of such grievances.
Section 9.4 - General
A. A reasonable effort will be made by the parties to settle all grievances as soon as
possible. The time limits set forth shall be strictly complied with, and can only be extended by
mutual agreement of the parties in writing. Any grievance shall be considered settled at the last level
considered if the grievant fails to timely process the grievance.
B. The Union will not be required to process grievances for employees who are not
members of the Union.
C. The commencing of any proceeding5 against the County in a court oflaw or equity,
or before the Public Employee Relations Commission, or any other administrative agency for
misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of
remedy and shall be deemed a waiver by the employee or the Union of its/their right to resort to the
grievance and arbitration procedure contained in this Article. The utilization of the arbitration
procedure under this Article for the resolution of alleged violations of this Agreement shall
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constitute a waiver of any rights of the party who initiated the arbitration may have to file a charge
on the issue with the Public Employees Relations Commission or any other state or federal agency.
Section 9.5 - Reauirements of Written Grievance
All grievances, as outlined above, must be in writing and must contain the following
information:
(1) Article and Section of the Agreement alleged to have been violated;
(2) A full statement ofthe grievance, giving facts, dates and times of events, and
if possible, specific violations. The grievance shall also contain the remedy
or adjustment desired;
(3) Signature of aggrieved employee and date signed; and
(4) Signature of the Union representative (must be a designated official or
steward) if the grievance requests Union representation.
(5) A class grievance may be filed when a single issue applies to more than one
employee and in such cases the elected employee representative or Principal
Officer must sign the grievance form.
Any grievance not containing the above information is not a grievance and shall not be
subject to arbitration absent the mutual consent of the parties. The grievance form must be
submitted and completed in full.
Section 9.6 - Suspension/Discipline
All grievances and appeals of action involving discipline or discharge will be governed by
the Collier County Human Resources Practices and Procedures and County Administrator's
(Manager) Agency ("CMA") Instruction Manual, as amended, to permit union representation that is
in effect for all other Collier County non-exempt employees. A copy ofthe current CMA is attached
as Appendix A.
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Section 9.7 - Steps
Grievances shall be processed in accordance with the following procedures:
STEP 1:
The grievant shall present in writing his/her grievance to his/her immediate
supervisor within fourteen (14) calendar days of the occurrence of the action giving rise to
the grievance. Discussions will be informal for the purpose of settling differences in the
simplest and most effective manner. The supervisor shall reach a decision and communicate
in writing to the grievant within fourteen (14) calendar days from the date the grievance was
presented, Failure of the supervisor to timely respond shall be considered a denial of the
grievance and shall entitle the grievant to appeal to Step 2.
STEP 2:
If the grievance is not settled at Step I, the grievant, within seven (7)
calendars days of the answer in Step 1, may present it to the Chief of Emergency Medical
Services/Fire. The Emergency Medical Services/Fire Chief shall investigate the alleged
grievance and may conduct a meeting with the grievant. The Emergency Medical
ServiceslFire Chief shall notify the aggrieved employee ofthe decision no later than seven
(7) calendar days following receipt of the grievance at Step 2. Failure of the Emergency
Medical Services/Fire Chief to timely respond shall be considered a denial of the grievance
and shall entitle the grievant to appeal to Step 3,
STEP 3:
Ifthe grievance is not settled in Step 2, the grievant, within seven (7) calendar
days ofthe answer in Step 2, may present the written grievance to the Director of the Bureau
of Emergency Services (the "Director"). The Director shall investigate the alleged grievance
and may conduct a hearing or meeting with the grievant. The Director shall notify the
aggrieved employee in writing of the decision not later than seven (7) calendar days
following the submission of the grievance at Step 3, Failure of the Director to timely
respond shall be considered a denial of the grievance and shall entitle the grievant to appeal
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to Step 4.
STEP 4:
If a grievance, as defined in this Article, has not been satisfactorily resolved
within the grievance procedures, the grievant may request arbitration in writing to the
Human Resource Department no later than seven (7) calendar days after the response is
received.
Section 9.8 - Arbitration
Whenever the aggrieved employee requests arbitration in accordance with the provisions of
Section 9.7, the grievant may request the Federal Mediation and Conciliation Service to submit a
panel of seven (7) arbitrators. The request must be made within fourteen (14) calendar days of the
denial of the grievance at Step 3. Arbitrators shall be selected from such panel by alternately
striking names from this list (the grievant shall strike first) until the last name is reached. The Union
reserves the sole authority over whether to proceed to arbitration on a particular grievance.
Section 9.9 - Rules Applicable to Grievance/Arbitration
The following general rules are applicable to this Article:
A. The arbitrator shall not have the power to add to, subtract from, modify, or alter the
terms of this Agreement.
B. The arbitrator shall have no power to establish wage scales, rates of pay for new jobs,
or to change any wage, except when the wage being paid is in violation ofthe Agreement, or when
he is otherwise specifically empowered to do so by both parties,
C. The arbitrator shall have only the power to rule on grievances arising under this
Agreement, as defined under Section 9,2 and which comply with the requirements of Section 9.4 (A)
and (C), Section 9.5 and the time limits established by this Article.
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D. The arbitrator shall determine each dispute in accordance with the terms of this
Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no
Submission Agreement, then the arbitrator will rely on the grievance under Step 1 of Section 9,7.
E. The arbitrator shall not receive into evidence nor rely upon any past practices that
occurred prior to the date of execution of this Agreement.
F. The arbitrator's sole authority with regard to monetary awards is the award of back
pay. No interest, costs or other damages of any type whatsoever may be awarded.
G. There is no duty to arbitrate any grievance where the factual basis of the grievance
occurred prior to the execution of this Agreement or after the expiration oftrus Agreement.
Section 9.10 - Appeals
The ruling of the arbitrator shall be final and binding on the Union, on all bargaining unit
employees and on the County; provided, however, that the arbitrator's decision is not outside or
beyond the scope of the arbitrator's jurisdiction and authority as set forth in this Agreement.
Section 9.11 - Costs
The costs of the arbitration shall be split equally between the parties. Each side desiring a
transcript will pay for it. If both parties obtain or use a copy of the transcript, the cost of the court
reporter's fees and transcript shall be equally split between the parties, Expenses, including wages
for witnesses, shall be borne by the party calling them.
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ARTICLE 10
PERSONNEL REDUCTION
Section 10.1 - Lavoff Procedure
In the event of a reduction in force, the County will declare a surplus by classification. The
County will consider a number ofrelevant factors in determining selection of individuals for layoff,
with the public interest to be of prime importance. Factors to be considered include, but are not
limited to:
A. Conduct/disciplinary record for the last three (3) years;
B. Attendance record for the last three (3) years; and
C. Seniority.
As between two employees, if the County, in its sole discretion, determines factors A, B and
C are relatively equal at the time oflayoff, seniority shall prevail.
Section 10.2 - Recall
Recall will be in reverse order oflayoffs. No new bargaining unit employees will be hired by
the County in a classification until all members of the bargaining unit who were laid off in that
classification within the prior six (6) months are offered recall. Within three (3) work days of a
certified receipt date, laid off employees must signify in writing, their intention ofretuming to work,
to the Emergency Medical Services/Fire Chief or designee. Failure to respond to the notice within
the prescribed time limits previously stated, or failure to report on the date designated, shall
constitute a resignation by the employee.
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ARTICLE 11
PROMOTIONS/REASSIGNMENT WITHIN UNIT
Section 11.1 - Definition
A promotion/reassignment is defined as either movement from a lower rank to a higher rank
within the bargaining unit (i.e. Paramedic to Lieutenant/Company Officer) or movement into a
specialty assignment (i,e., FTO, Med Flight, SORT). Promotions/reassignment to a rank or position
outside the bargaining unit is not covered by this Agreement.
Section 11.2 - Selection
A. Promotions/reassignments are offered in an effort to recognize and reward an
employee for permanent acceptance of increased responsibilities.
1. The selection process shall at least consist of the following components:
a. Written Examination taken from materials published in a list to candidates 30
days prior to testing.
b. An oral interview.
B. Within five (5) days ofthe close of testing, a candidate list shall be posted listing the
employees ranked in order of final results. The Chief may suspend a person's position on the list
based on documented significant operational or training deficiencies,
C. Following the initial promotions from the promotional list, the list shall remain active for
a period of twelve (12) months or until all names have been exhausted.
Section 11.3 - Pay Upon Promotion/Reassh.!nment
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Upon promotion/reassignment to a classification with a higher pay grade, the employee shall
receive at the County's discretion, a pay increase between one percent (1 %) and no greater than ten
percent (10%), which amount, shall not be less than the base salary 0 fthe new position, and shall not
exceed the maximum pay of the new classification.
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ARTICLE 12
HOURS OF WORK AND OVERTIME
Section 12.1- Work Schedule
Regular full-time employees in the bargaining unit will work one ofthe following schedules:
A. Twenty-four (24) hours on duty followed by forty-eight (48) hours off duty in a
repeating rotating schedule. Non-seasonal units established after the date ofthis Agreement will be
assigned to twenty-four (24) hour shift, within the limits of available staffing.
B. Twelve (12) hours on duty followed by twelve (12) hours off duty with the number of
days as scheduled by the County; provided that the current twenty-four (24) hour units will not be
permanently converted to twelve (12) hour units during the term of this Agreement. Helicopter
Pilots, employees assigned to seasonal, out-of-county transfer, special events, and inter-facility
transport units may be assigned to shifts of less than twenty-four (24) hours,
C. Eight (8) hours on duty for five (5) consecutive days.
Section 12.2 - Overtime Pav
Regardless of shift assignment, employees will be paid overtime as required by the Fair
Labor Standards Act. Except as otherwise provided herein, leave time, whether paid or unpaid, will
not be counted as time worked for overtime purposes.
Section 12.3 - Overtime Assh!nment
Overtime shall be awarded according to a Mandatory Overtime and Scheduled Overtime
Distribution General Order,
Section 12.4 - Maximum Continuous Hours
At no time shall an employee be permitted to work more than fifty (50) hours in any rolling
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("continuous") seventy-two (72) hour period, unless being held past the fifty (50) hour mark is due
to a late call, or is the result of an emergency, The employee will be given a minimum of twelve
(12) hours off following working 48 hours or 50 continuous hours, Should the employee choose to
work a previously scheduled detail it will be permitted.
Section 12.5 - Workweek
The workweek will begin on Saturday and end on a Saturday 168 hours later.
Section 12.6 - Earlv/Late Report
Employees who are held over beyond their normal work shift shall accumulate hours worked
in one-quarter hour increments rounded to the next nearest quarter hour. Employees called in to
work earlier than normally scheduled in conjunction with a scheduled work day, shall be paid in
increments of one-quarter (1/4) hour, Employees who report to work late will receive no pay for the
time missed, rounded to the nearest one-quarter (114) hour increment.
Section 12.7 - Bareainine Unit Work
Nothing in this Article or in this Agreement shall be interpreted as prohibiting or in any way
restricting Collier County EMS/Fire non-bargaining unit members from performing bargaining unit
work on a temporary basis. This Section will not be utilized to allow the County to subcontract out
Units nor to permit replacement of bargaining unit personnel with employees of a partnership
agency, except when the non-Collier personnel are working on County vehicles as part ofthe ALS
Engine Program, Single Vehicle Response Program, SORT team, or other similar program.
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Section 12.8 - Pilot Assi2nment
Helicopter Pilots who are unable to fly due to helicopter maintenance will report to work for
their normal shift and be assigned other duties or flight work as assigned by the Chief Pilot for the
duration of their shift, and therefore not suffer any loss of pay as the result of those conditions
outside their control. Pilots may be utilized to assist the mechanic with the starts required for
helicopter repair or perform other aviation-related duties. In the event the helicopter is out of service
due to maintenance for periods longer than forty-eight (48) consecutive hours, Pilots may be
assigned to ride as a third person on a ground ALS unit during the hours they would have normally
been scheduled to work, provided there is no training scheduled for Med Flight personnel during
these extended periods when the helicopter is down due to maintenance. When Med Flight is unable
to fly due to changes in the weather conditions, Pilots will remain assigned to their normal work
hours and shall continue to report to H.O.C. to be available to run calls when the weather changes,
ARTICLE 13
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SICK LEAVE
Section 13.1 - Elhdbilitv
All regular and probationary employees shall be entitled to accrue and use accumulated sick
leave with pay from the date of hire. Regular part-time employees do not accrue sick leave benefits.
Section 13.2 - Accrual of Sick Leave
A. Regular employees hired after September 30, 1993 shall accrue hours of sick leave on
the following schedule:
40/42-hour
56-hour
B. Regular employees hired on or before September 30, 1993, shall accrue hours of sick
leave on the following schedule:
40/42-hour
56-hour
4.62 hours per biweekly pay period
6.47 hours per biweekly pay period
C. Regular employees may accrue an unlimited number of sick leave hours throughout
their County career.
D, Employees hired from Constitutional Officer agencies without a break in continuous
service or with a break in service ofless than 30 days may transfer their accumulated sick time, The
date of hire with the Constitutional Officer agency shall determine the sick leave accrual rate with
the County.
E, Sick leave shall be accrued on the basis of regular hours worked, earned vacation
leave taken, earned sick hours taken, holiday hours, and military leave,
F. Leave without pay and hours in excess of forty (40) hours, forty-two (42) hours, or
fifty-six (56) hours average per week, as applicable, are excluded from sick leave accrual.
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Section 13.3 - Use of Sick Leave
A. The minimum charge for sick leave shall be one half (1/2) hour units.
B. Sick leave may be granted for the following purposes:
1. Personal illness or injury.
2. Employees assigned to eight (8) hour shifts may use sick time for
appointments with medical, dental or other recognized practitioners for consultation
or treatment when such appointments cannot be scheduled during non-work hours.
Employees assigned to a twenty-four (24) hour shift may use sick leave for such
appointments when a medical emergency exists.
3, Serious illness and/or disability in the employee's immediate family where
the employee's presence is necessary to provide care, for up to two (2) 24-hour
shifts, or two (2) 12-hour shifts, or three (3) 8-hour shifts for anyone incident. For
purposes of this Section, immediate family is defined as spouse, children, brother,
sister, or parents.
4. Disabilities arising out of pregnancy, childbirth, and recovery shall be treated
as other temporary, non-job connected disabilities in terms of eligibility for sick
leave, vacation, or leave of absence.
5. Employees will be allowed to use all of their sick time prior to using short
term or long term disability if they choose.
C. Notification and Proof of Illness.
1. The employee shall be responsible for notifying the EMS Battalion Chief on
duty or Chief Pilot two (2) hours or more before the start of the shift on each day of
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absence, Failure to provide timely notice will be cause for denial of sick leave pay
for the period of time,
2. Upon management's request, employees may be required to supply proof of
sickness, injury or disability, including that of the employees' spouse, child or parent
and the appropriate proof that the employees' presence is required, by submitting, at
their own expense, a prescription or receipt showing payment that medical services
were rendered:
(a) After three (3) non-consecutive sick leaves during any rolling 12-
month period; or
(b) When there is a pattern or practice of sick leave usage; or
(c) When there is a basis to form a reasonable suspicion that the sick
leave is being abused.
3. When an employee has had an illness which requires hospitalization or results
in absence from work for more than two (2) consecutive shifts or more than five (5)
consecutive days, whichever is greater, the employee shall provide a doctor's note
stating that the employee may return to work to be eligible for sick leave pay.
4. When out on leave for medical reasons, an employee is required to first use
all accrued sick leave prior to using leave without pay. With management's
approval, the employee may use vacation leave or compensatory time (pilots), if sick
leave is exhausted prior to being placed on leave without pay.
5. In cases of accident or injury, a medical leave may be granted without prior
notice.
Section 13.4 - Sick Leave Pay Upon Separation
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A. Employees of record on August 2, 1996 shall have their sick leave balances
calculated and valued as of the end of the workday of August 2, 1996.
B. The valuation shall be calculated as follows:
. Total hours sick leave accrued X percent allowed upon separation (see chart
below) = hours to be paid.
% PAID AT
YEARS OF SERVICE SEPARATION
At least 2 years but less than 5 years 20%
At least 5 years but less than 10 years 25%
At least 10 years but less than 15 years 35%
At least 15 years but less than 20 years 40%
After 20 years 50%
C. Upon separation, each employee's total accrued sick leave will be calculated and
valued in the same manner again. Employees who are separated from County employment due to
misconduct, job abandonment or violations ofthe Code of Ethics shall not be entitled sick leave pay
upon separation.
D, No employee hired after August 2, 1994 shall receive payment for accrued sick leave
upon separation.
E. The maximum amount of sick leave hours that may be paid to an employee at
termination is 1040 hours,
F. Regular full-time employees who are laid off from County service shall have the
option of receiving payment for sick leave at the time of layoff as provided in this Section or
retaining eligible accrued sick leave hours for a period of six (6) months.
G. In the event an employee is separated because of death, sick leave shall be paid in the
final paycheck as calculated above.
Section 13.5 - Attendance Incentive Plan
The County's Attendance Incentive Plan in effect for all other County employees will
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continue to be available to bargaining unit employees. Any change in the Plan will be applicable to
bargaining unit employees and is not subject to the grievance procedure.
Section 13.6 - Sick Leave Bank
The County shall establish an EMS/Fire Employee Sick Leave Bank separate from the
County Sick Leave Bank for use by all Collier County Emergency Medical Services bargaining unit
employees as outlined in this Section.
A. An employee having used all of his/her vacation and sick hours due to absence
resulting from a serious illness, accident or disability may receive a donation from the Sick Leave
Bank as hereinafter provided. Employees out as the result of a worker's compensation injury may
not be considered for Sick Leave Bank usage. To be eligible to participate, the employee must be a
regular full-time employee and have completed the initial probationary period.
B. An employee must contribute initially at least eight (8) hours of accrued sick leave or
vacation to participate in the Sick Leave Bank program. Donations to the Sick Leave Bank must be
authorized by the employee by completing and signing the Sick Leave Bank Donation Form, The
EMS/Fire Chief and the District 14 DVP will review the Sick Leave Bank balance and determine if
sufficient time is available. Every year on October 1 st, a notice will be sent to all employees
requesting donations be made to the Sick Leave Bank. If donations are needed, employees who wish
to continue their participation in the program will donate the requested time, The donated time will
only be in eight (8) hour blocks, All participating employees will contribute the same number of
hours.
C. The EMS/Fire Chief or the District 14 DVP may request the establishment of a leave
bank account for an employee, The request shall be submitted in writing to the Sick Leave Bank
Committee, which shall consist of three (3) members: one bargaining unit member chosen by the
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District 14 DVP, one bargaining member selected by the EMS/Fire Chief; and the EMS/Fire Chief
serving as the third Committee member. The written request shall be submitted to the Sick Leave
Bank Committee, who shall then meet or communicate as soon as possible to review the request.
The decision of the Committee will be final and not subject to the Grievance and Arbitration
Procedure.
D. Use of leave from the Sick Leave Bank shall not exceed three (3) calendar months.
Exceptions to this rule, which would permit the approval of up to another three (3) months of Sick
Leave Bank usage, can be approved by the Sick Leave Bank Committee.
E. As long as the employee is in a pay status, the County will maintain its contributions
to the health insurance program for that employee.
F. Employee donations to the Sick Leave Bank will not impact their eligibility for the
Attendance Incentive Program.
G. An employee receiving paid leave from the leave bank as a result of the employee's
own serious health condition, defined as an illness, injury, or impairment, physical or mental
condition, that involves inpatient care in a hospital, hospice, or residential medical care facility or
requires continuing medical treatment by a health care provider shall be considered to be on medical
leave. Such leave shall be counted against the employee's leave entitled in accordance with the
Family and Medical Leave Act of 1993 (FMLA).
Section 13.7- Personal Leave
All full-time County employees will be eligible for sixteen (16) personal leave hours with
pay per calendar year.
A. The personal leave hours will be credited at the employee's time of hire.
B. Personal leave hours shall not be accrued or be transferred to any other leave account and
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shall be forfeited by the employee if not used during the calendar year,
C. Employees who resign, are laid off, or are otherwise separated or discharged from the
County Service shall not be entitled to be paid for any unused personal leave balance.
D. The minimum charge for personal leave shall be in one (1) hour units,
E. Personal leave may be used by the employee to conduct personal business. Personal
leave may be used to observe the Good Friday holiday, subject to attaining approval from the
employee's supervisor at least two (2) weeks in advance from the day of the holiday. Staffing
requirements and the ability to serve the public shall be considered in approving the leave request.
F. Supervisors may require at least five (5) days advance notice if an employee wishes to use
personal leave.
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ARTICLE 14
V ACA TION LEAVE
Section 14.1- Accrual
Employees shall accrue vacation hours according to the following schedule:
YEARLY ACCRUAL PER
VACATION HOURS PAY PERIOD
LENGTH OF SER VICE WORK WEEK WORK WEEK
40 56 40 56
o - end of2 Years 80 120 3.08 4,615
3 - end of6 Years 120 168 4.616 6.464
7 - end of20 Years 160 240 6.152 9.23
21 + Years 200 288 7,616 11.08
Employees accrue vacation hours from their fIrst day of full-time employment but are not
eligible to use vacation time for the fIrst six (6) months oftheir employment. The maximum number
of vacation hours an employee is permitted to accrue is 480. Vacation leave in excess of 480 hours
will be automatically converted to sick leave. If at the time of separation the employee has more
than 320 hours of vacation only 320 hours will be reimbursed by the County.
Section 14.2 - Selection
Employees may select vacation dates for one or more shifts before December 1 st for the
period January 1 through December 31 of the next year. Vacation dates shall be selected in this time
frame shall be granted to employees based on seniority,
Section 14.3 - Maximum
A. Except as hereinafter provided, the County shall allow up to six (6) 12/24-hour
bargaining unit employees off duty on vacation leave per shift; additional leave may be granted at
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the Chief s discretion.
B. During the Holiday periods set forth in Section 14.6, only four (4) bargaining unit
employees may be off duty on vacation leave per shift; additional leave may be granted at the
Chiefs discretion.
C. Pilots shall schedule vacation, with the approval of the Chief Pilot, provided that no
more than one pilot, including the Chief Pilot, can be on vacation at any time. The Chief Pilot will
select vacation first.
D. Employees scheduling vacation time under this Section during the November to
December period will be locked in for the dates granted as of January 1st.
Section 14.4 - Increments
Vacation leave for 24-hour shift employees must be taken in minimum of twelve (12) hours
at any time if the County is to be responsible to locate and secure coverage for the employee.
Employees on twelve (12) and eight (8) hour shifts can take vacation in six (6) or four (4) hour
increments, respectively. Employees may use vacation in one (1) hour increments provided the
employee finds their own overtime coverage, The employee working the overtime must agree to do
so in writing. If the employee who agreed to work the overtime fails to work it for any reason, he
will be charged one and one-half (11/2) vacation hours for each hour the employee failed to work,
unless they find an acceptable replacement. In the event the employee scheduled to work the
overtime fails to do so and provides a prescription or a doctor's receipt as proof of illness, the
employee will not be charged for the hours not worked, The Rules Governing Shift Exchanges and
Procedures under Sections 18.8 and 18,3 respectively will apply to this Section.
Section 14.5 - Vacation Pay Upon Separation
Employees who are separated for any reason will be paid for accrued but unused hours, not to
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exceed 320 hours, at the employee's rate of pay at the time of separation.
Section 14.6 - Vacation Leave Durin2 Holidav Periods
No employee shall be granted vacation leave during the same holiday period in two
consecutive years; unless no other employee requests vacation for the same period the second year.
For the purposes of this Section, holiday periods shall be defined as follows:
HOLIDAY VACATION PERIOD INCLUDED IN THIS SECTION
Fourth of July July 1st through July 7Ul
Thanksgiving Tuesday in November prior to Thanksgiving
through the Sunday III November after
Thanksgiving
Christmas December 21S[ through December 28Ul
New Year's December 29th through January 2DC1
Employees who are granted vacation leave during one ofthe periods listed above will not be
granted vacation leave in the same period in the following year, unless no one requests the shift
during the annual vacation request period, then the process becomes first come first served.
Section 14.7 - Shift Chan2es
Employees who are required to change shifts by the County and who have been approved for
vacation leave prior to the change of shift, will be granted the same time frame for vacation leave on
their new shift. Vacation leave will be honored even if granting the leave causes more employees to
be off for that period than is allowed in Section 14.3. Employees who are granted a shift exchange at
the employee's request that had been approved for vacation leave prior to the change in shift will be
granted the same time frame on their new shift, provided there is a vacation slot(s) available.
Section 14.8 - Use of Vacation for Sick Leave
In addition to scheduled use under Section 14.3, with the prior approval of the Emergency
Medical Services/Fire Chief or designee, accrued vacation leave may be used for uncovered portions
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of sick leave if all sick leave has been exhausted.
Section 14.9 - Non-Scheduled Vacation Request
A. Employees who submit requests for vacation outside the provisions of Article 14.2
shall be granted vacation on a first-come, first-served basis, subject to the limitations of Section 14.3.
Requests under this Section must be received fourteen (14) days prior to the beginning of the shift
for which the employee is requesting vacation. Any requests less than fourteen (14) days may be
approved by the employee's Division Chief or designees.
B, Employees experiencing last minute personal situations requmng immediate
attention, may, with the approval of their Division Chief, utilize vacation time to handle the
situation. Such approval may not exceed twenty-four (24) hours in length and must be taken in
minimum one-hour increments. Division Chiefs may, at their discretion, require proof from the
employee of the need for the last-minute vacation leave upon the employee returning to work.
Section 14.10 - Chan2e in Schedule
Employees who are moved from a forty (40) hour per week schedule to a fifty-six (56) hour
per week schedule, and vice versa, shall have their accrual rate for vacation leave hours adjusted
either up or down as listed above, beginning with the first work day on the new schedule. All
accrued vacation hours earned and not yet used prior to the date of the shift change shall remain
intact, unadjusted and available for the employee to use on an hour- for-hour basis per the guidelines
of this Article.
Section 14.11- Vacation as Time Worked
Time off on vacation leave will count as time worked for overtime purposes.
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Section 14.12 - Vacation Sell-Back
Members ofthe bargaining unit are eligible to participate in the County's Vacation Sell-Back
program.
Section 14.13 - County Policy
The County Administrative Procedure regarding vacation leave, holidays and all other leave,
whether paid or unpaid, is not applicable to employees covered by this Agreement.
Section 14.14 - Approved Leave Start Time
An employee's approved leave, to include shift exchange begins at the end ofthe shift prior
to an approved leave or shift swap. The leave or shift exchange must be in excess of 12 hours.
ARTICLE 15
LEAVES OF ABSENCE
Section 15.1 - Leave of Absence
Upon written request from a regular full-time non-probationary employee and
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recommendation from the Emergency Medical Services/Fire Chief, the County, in its sole discretion,
may grant a leave of absence, without pay, to regular, full-time employees for a maximum of three
(3) months. Leave without pay will not be granted unless the employee has exhausted hislher
vacation leave and compensatory time and, where appropriate, sick leave. No employee can work
for another employer while on leave of absence from the County, Temporary and part-time
employees are not eligible for leaves of absence under this Article.
Section 15.2 - Purpose
Such leaves are intended to be granted only for temporary disability, health, parental,
education, military service or extenuating and extraordinary personal reasons.
Section 15.3 - No Benefit Accruals
Other than retaining the original date of hire, and except as otherwise provided by law, no
benefits, including sick and vacation leave accrual, will accumulate during unpaid leaves of absence.
Section 15.4 - Insurance Benefits
Other than leave under the Family Medical Leave Act ("FMLA") or as otherwise provided
by law, if a leave of absence is granted, an employee's insurance benefits will be continued only if
the employee remits to the County the total premium amount monthly that represents both the
employee's and the County's share for insurance. The employee will be advised of the amount and
date premiums are due. Insurance premiums for continuation of employee and dependent coverage
for employees on leave will be paid by the employee and County consistent with County Policy,
Section 15.5 - Return from Leave
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When the term of the leave of absence expires, the employee shall be reinstated to his/her
original position when the vacancy for that position becomes available, if the employee complies
with and meets all current requirements for the position. This may include practical and written
testing as required by the County at its discretion and any other credentials or licenses, which may be
required. Reinstatement following leave under the FMLA will be in accordance with the law, and
the County retains the right to require returning employees to take any medical or other tests
permitted by the FMLA. Employees returning from FMLA leave must meet the certification and
license requirements and the testing required by the Emergency Medical ServicelFire Medical
Director.
Section 15.6 - Familv Medical Leave Act ("FMLA") Leave
Employees will be eligible for leave without pay under the FMLA as provided in that Act
and regulations adopted there under. A notice advising employees of leave availability under the
FMLA will be posted with other official County postings. Employees using leave under the FMLA
for his/her own serious health condition must first exhaust available sick leave prior to going on
leave without pay, unless the absence is covered by the County's disability or worker's
compensation insurance. Employees taking leave following the birth or adoption of a child beyond
that which the employee's doctor considers medically necessary must use accrued vacation leave
prior to going on leave without pay. Employees using leave under the FMLA to care for a child,
spouse or parent as required by the Act must use all accrued vacation leave prior to taking leave
without pay. Ifthe FMLA is used concurrently, the employee will have the right to exhaust all other
leave prior to the County considering termination.
Section 15.7 - Compensation Durin!.! Job-Related Iniurv
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Any employee with a jo b-related injury or illness will be eligible for workers' compensation
based on applicable state law. The employee's workers compensation payments may be
supplemented as provided by County policy.
Section 15.8 - Temporary Assi2'nment/Off Duty Iniury or Illness
An employee temporarily disabled as a result of any injury or illness that is released by the
treating physician for restricted duty may be 0 ffered restricted duty by the County consistent with the
physician's limitations. If offered, the employee must accept the restricted duty as a condition of
continued employment. The County will determine the restricted duty to be offered and the length
of the restricted duty assignment, which will not exceed the time when the employee reaches
maximum medical improvement. Employees on temporary assignment will be paid their regular
pre-injury straight time hourly rate for all hours worked, and may use sick leave and then vacation
leave to supplement so that the employee receives their regular, pre-injury/illness pay.
Section 15.9 - Referral To County Phvsician
The County reserves the right to seek, at the County's expense, an independent medical
opinion to the maximum extent permitted by the workers' compensation law, Family Medical Leave
Act or Americans with Disabilities Act, as applicable.
Section 15.10 - Administrative Leave
The County reserves the right, at its sole discretion, to grant Administrative Leave with pay
to allow employees to serve and train for such things as job-related Search and Rescue Teams,
Disaster Response Teams; or in other situations as the County deems appropriate. Ifpaid, the leave
will be counted as time worked for overtime purposes,
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Section 15.11 - County Policy
The County Administrative Procedures regarding leaves of absence will not apply to
employees covered by this Agreement, except as specifically provided in this Article,
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ARTICLE 16
BEREA VEMENT/JURY DUTYIWITNESS DUTY
Section 16.1- Bereavement
A regular full-time employee may be granted, upon request, up to twenty-four (24) hours of
bereavement leave with pay, due to the death in his/her immediate family. "Immediate family" shall
mean father, mother, brother, sister, wife, husband, son, daughter, father-in-law, mother-in-law,
stepfather, stepmother, stepson, stepdaughter, grandfather, grandmother, grandchildren, foster child,
brother-in-law, sister-in-law, aunt, uncle, niece or nephew or other close relatives living with the
employee. Leave in excess of the leave under this Section may be granted and, if granted, will be
charged to the employee's accrued vacation leave or compensatory leave. If accrued vacation leave,
or compensatory leave is not available, additional leave granted will be without pay. Employees
with no available vacation or compensatory leave may also request leave through the sick leave bank
process. In the event of an emergency illness of any of the above family members, the employee
may take seventy-two (72) hours of emergency leave for serious illness or injury from their vacation
leave with the approval of the Director or designee. The County reserves the right to require proof
ofrelationship for use of bereavement leave,
Section 16.2 - Jurv Dutv
When a regular employee is required to serve on jury duty, the employee shall be relieved of
responsibility for his or her regular work shift and the County shall pay the employee the amount
that would have been received at the employee's regular straight-time rate of pay had the employee
worked the employee's regular work shift. All employees who are required to serve on jury duty
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shall report to their supervisor that they have been subpoenaed for jury duty within twenty- four (24)
hours of receiving notice, when possible, but in no event later than the beginning ofthe next work
shift. When an employee is released or is excused from jury duty for the remainder of a workday or
permanently, the employee shall, as soon as possible, notify his or her supervisor of availability for
work. Payments received by the employee for jury duty, except for meals, travel and lodging
expenses, shall be endorsed to the County.
Section 16.3 - Witness Dutv
Any employee who, upon the request by and for the benefit ofthe County, is subpoenaed to
any court proceeding involving the County, or is subpoenaed to appear in court in a civil or criminal
matter in which the employee is not personally or monetarily interested, or is subpoenaed to appear
for deposition in any matter related to their job duties with the County, shall be paid one and one-
half (I 1/2) times his or her rate of pay for each hour spent off-duty in serving as a witness in trial or
deposition. Payments received by the employee for witness duty, except for meals, travel and
lodging expenses, shall be endorsed to the County. Court proceedings mean an appearance in court;
it does not include any other appearance before any other tribunal, except for appearances on behalf
ofthe County which arise out of the performance of duties as a Collier County EMS/Fire employee.
An employee who appears in Court as a plaintiff, defendant or witness due to personal
litigation will use accrued vacation leave or, if not available, will be on leave without pay.
Section 16.4 - Time Worked
Paid court appearance leaves and depositions under this Article will be considered time
worked for overtime purposes.
Section 16.5 - County Policy
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The County Administrative Procedures regarding Bereavement, Jury Duty, Witness Duty and
Court Leave will not apply to employees covered by this Agreement.
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ARTICLE 17
MILITARY LEAVE
Section 17.1- Reserve and National Guard Trainine
A regular full-time employee who is a member ofthe United States Armed Forces, Reserves
or the National Guard, and who is ordered to engage in annual field training shall, upon presentation
of a copy ofthe official orders, be granted leave with pay to the extent required by law. Such leave
with pay shall not exceed seventeen (17) working days in any calendar year. An employee may not
use any accrued vacation or personal leave while receiving paid military leave. Exceptions to the
above may be approved by the County Manager.
Section 17.2 - Recall to Active Militarv Duty
Any regular full-time employee, who is a member of an Armed Forces Reserve Unit or the
National Guard, who is ordered to active duty, will be granted a military leave of absence with pay
for the first thirty (30) working days. Beyond the thirty (30) day period, the County will supplement
the military pay in an amount necessary to bring the total salary, inclusive of the base military pay,
to the level earned at the time the employee was called to active duty, for the period provided by
County Policy. The County will continue to maintain the employee in full benefits status for the
time frame specified above.
Section 17.3 - Induction or Enlistment into Militarv Service
Any regular full-time employee, who enlists or is inducted into the armed services for active
duty, shall be granted a military leave of absence without pay for the initial period of enlistment. All
50
Agenda Item No. 16F3
October 24, 2006
Page 58 of 11 9
pay due the employee shall be paid at the time of the employee's separation from the County in
accordance with applicable County policies.
Section 17.4 - Reinstatement
Upon discharge from active military service, an employee who wishes to return to County
employment shall be reinstated in accordance with applicable law.
51
Agenda Item No, 16F3
October 24, 2006
Page 59 of 119
ARTICLE 18
SHIFT EXCHANGE
Section 18.1- Rules Governinl! Shift Exchanl!es
The trading of time between regular full-time employees will be permitted in accordance
with the following provisions:
A. All exchanges will be as follows:
· EMT or Non-Credentialed Paramedic for EMT or Non-Credentialed Paramedic
· Credentialed Paramedic for Credentialed Paramedic
· Pilot for Pilot
. Employees assigned to a specialized position must exchange with an employee with
the corresponding specialty. Exceptions may be allowed if the employee is not scheduled
to be serving in the specialized role.
. Employees who are promoted/demoted/reassigned outside of the above
classifications, must complete scheduled shift exchanges within 60 days with any
employee who is not within their new classification.
B. Shift exchanges will be repaid within one (1) year of the original exchange.
C. Employees will be responsible for all record keeping of exchanges as permitted by the
Fair Labor Standards Act.
D. Shift exchanges for employees reporting late for work will not be permitted,
E. No overtime will be paid to cover station transfers involved with shift exchanges.
F, Shift exchanges will be submitted 72 hours in advance utilizing the County's
submittal process.
52
Agenda Item No, 16F3
October 24,2006
Page 60 of 119
Section 18.2 - Allowances
A. Employees in all these classifications may exchange up to five (5) times per month.
B. Only up to seven (7) employees may be off on shift exchange per shift.
C. The County may reduce, adjust or remove shift exchange privileges for employees
who are training, on probation or as a method of discipline, for just cause.
D. At the EMS/Fire Chief's discretion, the number of shift swaps permitted in sections
A and B, may be increased.
E. Properly submitted shift swaps entered into on or before August 17, 2006 will be
permitted notwithstanding they may exceed the maximum number allowed herein.
Section 18.3 - No Substitution
Absent a personal illness, which requires the employee to be absent, an employee scheduled
to work an exchange is not eligible for any type ofleave in lieu of the exchange, Employees failing
to work an approved shift exchange due to an illness (Per Article 13), or any other situation,
excluding bereavement (Per Article 16,1), will be charged one and a half (1,5) hours of vacation
leave for each hour the employee failed to work and may be subject to additional discipline.
Section 18.4 - Monetary Loss
The County will not be responsible for any monetary loss incurred by any employee due to
the failure of an employee to pay back shift exchange time for any reason. If an employee quits or is
terminated and owes a shift exchange(s), the employee regularly scheduled to work will work, or
arrange for another shift exchange.
53
Agenda Item No. 16F3
October 24, 2006
Page 61 of119
ARTICLE 19
HOLIDAYS
Section 19.1 - Holiday Pay
Regular full-time employees assigned to a 12-hour or 24-hour schedule will receive 12 hours of
straight time pay for each of the following holidays:
· New Years Day
· Dr. Martin Luther King's Birthday
· President's Day
· Memorial Day
· Independence Day
· Labor Day
· Veteran's Day
· Thanksgiving Day
· Day after Thanksgiving
· Christmas Eve
· Christmas Day
In addition to the days listed above, bargaining unit employees shall also be granted appropriate pay
for any other day declared a holiday by the County Commission. Ifless than a full day is granted as
a holiday, the bargaining unit shall receive a pro-rata amount as holiday pay,
Section 19.2 - Receipt of Pay
The holiday pay will be included with the normal paycheck for the period which included the
holiday,
Section 19.3 - Holidays/40 Hour Week
Employees working a 40-hour work week who are scheduled to work one of the designated
holidays above shall be granted the day off with pay. The County reserves the right to schedule
employees working 40-hour work weeks to work on a designated holiday. Forty hour employees
54
Agenda Item No. 16F3
October 24, 2006
Page 62 of 119
who are required to work on a designated holiday shall be paid eight hours holiday pay, plus time
and one-half (1 :12) their current hourly rate for all hours worked. Holidays will be celebrated on the
date designated as the holiday by the County Commission.
55
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.
Agenda Item No, 16F3
October 24,2006
Page 64 of 119
ARTICLE 21
BENEFIT OPTION PLAN
Section 21.1 - Covera2e
All bargaining unit employees shall be eligible to participate in the Collier County Group
Benefit Option Plan subject to the terms and conditions of the Plan as adopted by the Board of
County Commissioners and as may be amended by the Board of County Commissioners from time
to time, Employees shall also be subject to the same premium levels and payroll contribution
requirements as may be adopted by the Board of County Commissioners for non-represented, non-
exempt employees.
The parties agree that, if there is any change in benefits, premium levels, or payroll
contribution requirements, those changes will be applicable to bargaining unit employees to the
extent they are applicable to other non-exempt employees of the County, The County agrees to
bargain over the impact of any changes prior to implementation.
Section 21.2 - Summary Attached
A summary ofthe Benefits Option Plan will be given to each employee when hired; when the
plan changes; and upon request.
Section 21.3 - Formula for Benefits
Employees' benefits for health insurance, short and long term disability, and life insurance
will be based upon the formula of hourly rate X 3328 hours,
57
Agenda Item No, 16F3
October 24, 2006
Page 65 of 119
Section 21.4 - Pre- Tax Deduction
Employees shall continue to be permitted to participate in the current County IRS 125
plan that allows certain insurance and benefit costs paid by the employee to be taken out and
paid "pre-tax."
Section 21.5 - Federal Disability Benefit
In the event an employee should receive an on-duty injury/illness which qualifies them
for Federal disability benefits, or die in the line of duty, the County agrees to work closely with
the employee's family and the Union in an effort to secure any and all benefits available under
the Department of Justice Public Safety Officer Death/Disability Benefit.
58
Agenda Item No, 16F3
October 24, 2006
Page 66 of 119
ARTICLE 22
RETIREMENT PLAN
Section 22.1 - Elh!'ibilitv
During the term of this Agreement, eligible employees shall continue to participate in the
Florida Retirement System,
Section 22.2 - Contributions
The County will contribute as required by the provisions of the Plan on behalf of full-time
and part-time employees.
Section 22.3 - Other Deferred Plans
The County agrees to continue to provide employees an option to participate in the National
Association of Counties ("NACO") or the International City and County Management Association
("ICMA") Deferred Compensation plans as currently offered. If either or both are stopped or
modified for all other County employees, the same change will affect the bargaining unit. If an
additional plan is offered to all other County employees, it will also be offered to the bargaining unit.
Employees participating in these programs or other deferred compensation plans shall have access
to held funds under the rules and guidelines established by the Plan Administrator and the Internal
Revenue Service. Both the County and the employee will be bound by the decision of the Plan
Administrator.
59
Agenda Item No, 16F3
October 24, 2006
Page 67 of 119
ARTICLE 23
TUITION REIMBURSEMENT
Section 23.1 - Tuition Policy
The County will continue the current tuition reimbursement guideline as outlined in the
County's Human Resources Handbook.
Section 23.2 - Minimum Standards Trainine
Full-time employees who enroll in and are accepted to attend Minimum Standards Fire
Training shall have all costs associated with tuition, registration, books and fees paid by the County.
In return, the employee agrees to work as a Firefighter once they become State certified. In the
event the employee voluntarily leaves their employment with Collier County within twenty four (24)
months of course completion, or fails to become certified as a Firefighter following the minimum
standards training, the employee shall reimburse the County all of the above costs. Said
reimbursement shall be made in twenty-five percent (25%) increments taken through payroll
deduction from the next four (4) pay periods or from the employee's final paycheck.
Section 23.3 - Tuition Reimbursement/Current EMTs
Current EMT's shall have all costs associated with tuition, registration, books and fees for
the Paramedic Program and required prerequisites paid by the County. In return the employee
agrees to work as a Paramedic once they become State Certified. In the event the employee
voluntarily leaves their employment with Collier County within twenty-four (24) months ofcourse
completion, or fails to become State Certified, the employee shall reimburse the County all ofthe
above costs. The reimbursement will be taken in allowable deductions from the next four pay
60
Agenda Item No, 16F3
October 24,2006
Page 68 of 119
periods or from the employee's final paycheck.
Section 23.4 - Specialized Trainin2
If the County has paid for training necessary for any employee to qualify for an incentive or
specialty Program, the employee may not reject or withdraw from the assignment. If the employee
leaves the County voluntarily within twenty- four (24) months ofthe date the training was completed,
the employee will be required to reimburse all associated costs of the training to the County. The
reimbursement will be taken in allowable deductions from the next four (4) pay periods or from the
employee's final paycheck.
Section 23.5 - Request to Withdraw From Specialty
An employee may request to temporarily or permanently withdraw from a specialty position
subject to the EMS/Fire Chiefs discretion, which will not be arbitrarily refused, subject to
operational needs at that time.
ARTICLE 24
61
Agenda Item No. 16F3
October 24,2006
Page 69 of 119
OUTSIDE ACTIVITIES
Section 24.1 - Conduct
Employees shall at all times bear in mind that they are seen by the general public, while off
duty as well as on duty, as personnel of the County and shall at all times conduct themselves in a
manner so as to bring no discredit or unfavorable publicity to the County.
Section 24.2 - Outside Employment
An employee accepting employment with any other employer while employed by the County
shall do so only so long as the employment is not a conflict of interest. If an employee has outside
employment, the employee's primary obligation shall continue to be to the County and he/she shall
arrange affairs accordingly. Before accepting outside employment of any kind, the employee must
give a written notification to the Emergency Medical Services/Fire Chief, advising the Chief of the
name, address and telephone number of the outside employer, and the nature of work performed.
Outside employment must not prevent the employee from being mentally and physically able to
work when the employee reports for duty with the County.
62
Agenda Item No. 16F3
October 24, 2006
Page 70 of 119
ARTICLE 25
BULLETIN BOARD SPACE
The Union may provide a bulletin board at its expense not to exceed 2 ft. by 3 ft. Postings on
the Union bulletin board will be restricted to:
1. Notices of Union meetings;
2. Notices of Union elections and results of elections;
3. Notices of Union recreational and social affairs; and
4. Notices of Union appointments and other official Union business.
5. Such bulletin boards shall not be utilized by Collier County for posting of any
material.
All notices shall be signed by the Union member prior to posting. No materials, notices or
announcements shall be posted which contain anything of a controversial, political or offensive
nature and which adversely reflects upon Collier County or Collier County Emergency MedicallFire
Services, the elected officials of Collier County or any Collier County employees.
63
Agenda Item No. 16F3
October 24, 2006
Page 71 of 119
ARTICLE 26
UNION BUSINESS AND UNION TIME BANK
Section 26.1 - Establishment
The County agrees to establish a Union Time Bank upon the ratification of this Agreement.
Union members agree to contribute four (4) hours of accrued vacation leave time to the Union Time
Bank on the first pay period in January.
Section 26.2 - Use for Union Business
The District 14 Vice President and/or his/her designees, may use hours from the Union Time
Bank to attend regular monthly Union meetings, negotiation sessions, conventions and for other
required Union business. If granted, leave shall be taken on an hour-for-hour basis. Leave will be
allowed for up to two (2) employees when requested at least seventy-two (72) hours in advance in
writing to the appropriate EMSlFire Division Chief, with the Union responsible for filling those
positions. Union Bank time, when utilized, shall be counted as productive hours for the purpose of
overtime calculation. A request for leave of additional employees shall only be allowed when
requested at least fourteen (14) days in advance in writing to the appropriate EMS/Fire Division
Chief. All Union leave is subj ect to the limit of the number of slots available under Article 14.
Section 26.3- Use to Attend Committees
Any District 14 member elected as a delegate or alternate to attend a convention shall also be
permitted to use hours from the Union Time Bank to attend those conventions. The leave shall be
taken on an hour-for-hour basis and shall be granted when requested two (2) weeks in advance,
exceptions may be made on a case-by-case basis.
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Section 26.4 - No Use After Bank Exhausted
Leaves as listed above shall be granted from the Union Time Bank so long as hours remain in
the Bank each calendar year. Once hours in the Bank are exhausted to zero, no leave shall be
granted from the Union Time Bank until contributions are made to the Bank next January. It shall be
the responsibility of the District 14 Vice-President to maintain a Union Time Bank log.
Section 26.5 - Swap Time
Ifno time remains in the Union Time Bank, the District 14 Vice President shall be allowed
unlimited swap time for District 14 Union business directly related to Collier County. The County
reserves the right to verify the Union business. The employee must attend all on-duty training, and
must otherwise comply with all requirements of Article 18.
Section 26.6 - Meetin2 Room
The members of Local 1826, District 14, Collier County EMS/Fire, shall be granted space
within the Collier County Government Complex or on other County-owned property to conduct
membership meetings, to the same extent those rooms are made available for other not-for-profit
organizations. The Union will contact the Department responsible for the requested room to make
arrangements for its use. There will be no Union meetings in EMS/Fire work areas.
Section 26.7- Orientation Presentation
The Union shall be provided one (1) hour of time after one of the normally scheduled days at
the Training Academy. This orientation will be after hours and on the employee's own time.
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ARTICLE 27
UNIFORMS AND EQUIPMENT
Section 27.1 - Items Supplied bv County
The County shall furnish all new full-time and part-time employees in job classifications
Emergency Medical Technician, Paramedic, EMS Lieutenant, Paramedic-Firefighter, and Lieutenant
Firefighter uniforms as set forth below:
· Four (4) pair uniform pants
· Two (2) uniform shirts
· Two (2) Polo style uniform shirts (may be ordered if employee is not over their uniform
allowance)
· One (1) winter jacket
· One (1) pair boots
· One (1) leather Velcro style no buckle belt
· One (1) badge
· One (1) Name Tag/Collar Brass
· Two (2) Jumpsuitsl (see below)
· Six (6) t-shirts2 (see below)
· One (1) accountability name tag system
· Four (4) pair uniform shorts2 (see below)
· NFP A-approved PPE as required
. Employee shall be supplied ink pens for use in completing necessary paperwork
Section 27.2 - Use Requirement
Employees are required to use all issued equipment, uniforms and boots as defined by SOP
or general order and report to work in a clean and neat appearance. Employees must also report to
work with a watch that contains a second counter.
1 Four (4) appropriate flight jumpsuits and one (1) flight helmet for employees assigned to
Helicopter Operations. Pilots will be issued lightweight shoes/boots in lieu of the NFP A Safety
Boots listed above, or may be given a shoe allowance to purchase Risk Management-approved black
shoes. Pilots will also be provided with t-shirts, shorts and a winter jacket.
2 Eight (8) t-shirts total and four (4) pairs of uniform shorts for employees assigned to the
ALS Engine Program.
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Personnel pagers and cell phones, if worn or carried while on duty, must be operated in the
silent/vibrate mode and under no circumstances shall the phones be answered while on a call or
utilized on a call unless the use has to do with patient care. Employees may not use their cell phones
while driving a County vehicle. Other than going to and from work, uniforms cannot be worn off
duty.
Section 27.3 - Replacement
The employees in the above classification(s) shall be provided regular replacement of
uniforms as needed. Employees requesting equipment replacement may be required to exchange
their old equipment in order to get it replaced. Employees may be required to pay for lost uniforms.
Employees may also be required to payor suffer discipline if equipment they are assigned is lost or
damaged through intentional misuse, neglect, or abuse. Employees in need of maternity uniforms
shall be supplied two uniforms as needed at no cost. Jumpsuits and personal protective equipment
will be supplied if it is available in supply.
Section 27.4 - Additional Uniforms
A. Employees shall always be permitted to purchase additional approved uniforms as
outlined in this Article from a supplier selected by the County, if the employee requires or desires
uniforms in excess of those provided in this Article.
B. The County will approve a lightweight j acket and cap. Employees may purchase the
jacket and/or cap at their option and cost.
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Section 27.5 - Cold Weather
In extremely cold weather, employees shall be permitted to supplement their uniforms with
long underwear bottoms, long sleeved shirts, turtle neck shirts, and sweat shirts. All items will be in
navy blue, powder blue, grey, or white.
Section 27.6 - Jewelrv
Jewelry shall be permitted provided that visible items are in good taste and do not interfere
with the employee's ability to provide patient care and does not create a safety hazard. Employees
will be allowed to wear a necklace provided that it is tucked into their shirt. No visible piercing shall
be permitted.
Section 27.7 - Groomin2:
Employees will maintain their hair in a clean and groomed condition. Employees who
choose to have long hair shall keep it pulled back when responding to a call or when involved in
patient care so as to prevent it from falling into an employee's face/eyes. Sideburns are permitted,
not to exceed middle of ear length. Employees will be clean-shaven on duty. A mustache that does
not come between the sealing surface ofthe face piece of the respirator and the face is permissible.
Employees will keep their nails neat and well groomed to a length that will not interfere with their
ability to safely perform their job. Nail polish may be worn, with the exception of black.
Section 27.8 - Standard Operatin2: Procedures and Protocols
The County agrees to issue each employee, a current copy of the following documents:
· Collier County Public Safety/EMS Standard Operation Procedure Manual; and
· Medical Support Protocol (for personnel in the roles ofEMT's, Paramedics, Firefighters and
Company Officers).
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· The complete copy ofthe most recent collective bargaining agreement will be provided on the
Intra-web.
Section 27.9 - Bio Hazard Protocol
Employees turning in uniforms for cleaning or disposal in accordance with the County Bio
Hazard Protocol shall have the uniform replaced or returned within a reasonable time frame. If
uniforms are being cleaned the employee can get a loaner uniform from supply.
Section 27.10 - Additional Equipment/Certified Firefi2hters
All employees certified as Firefighters and assigned to the ALS Engine Program shall receive
the following protective equipment in addition to other uniforms and equipment outlined earlier in
this Article.
1. One (1) properly sized individual issue SCBA face piece with prescription
eyeglass insert and lenses, if required.
2. One (1) SCBA (not individual issue but shall be provided only when the
employee is assigned to fire fighting duties).
3. Any other equipment regularly assigned to Firefighters assigned to
suppression operations in the Fire Department where the EMS employee is assigned
(i.e., rescue webbing, safety goggles, spanner wrenches, etc.).
Section 27.11 - Clothin2 in Quarters
Between dusk and 8:30 a.m., employees in quarters awaiting call shall be permitted to wear
County issue uniform shorts, County issue uniform t-shirts and casual footwear at a minimum. In
addition, when employees are working out or washing or waxing or cleaning the vehicle, uniform
shorts and t-shirts are permitted but the employee must be in dress uniform when responding to a
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call. When responding to a call between 5:30 p.m. and 8:30 a.m., employees will be in their
jumpsuit or bunker jacket and pants. Employees may also wear their jumpsuit when their second
day uniform has been contaminated.
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ARTICLE 28
MISCELLANEOUS
Section 28.1 - Parkin2:
The County will continue the current practice of providing parking within defined parking
spaces. It may be necessary to move cars after the beginning of the shift. No parking of private
vehicles in station bays will be allowed. No maintenance, of personal vehicles shall occur on
County property, regardless of whether or not an employee is on or off duty.
Section 28.2 - Work Duties
Unless assigned duties, employees may rest, sleep, watch TV, etc., between the hours of
1200hrs and 0700 hrs. During the hours of 0830 and noon, employees should perform assigned
vehicle/station duties, zone familiarization, study medical! operational protocols, or community
events. Radios will be monitored between 0700hrs and 2130hrs.
Section 28.3 - Computers
EMS/Fire County computers will only be used for County business. Personal computers may
not use County phone lines.
Section 28.4 - TVNideo Plavback Device
Between 0700hrs and l200hrs the EMS/Fire provided or personal television and Video
Playback Device may only be used for work-related purposes or to watch news channels. Between
l200hrs and 0700hrs the EMS/Fire provided or personal television and Video Playback Device may
be used for non-work related purposes, subject to assignment of work duties under Section 28.2 and
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emergency response.
Section 28.6 - Station Visits
Family members and friends are only permitted to visit employees at their duty stations
between 1200hrs and 2000hrs, for a maximum oftwo (2) hours. Family members and friends are not
allowed to remain at the stations when the EMS/Fire employee is not at the station.
Section 28.7 - Use of Telephone
Except as hereinafter provided, EMS/Fire telephone lines are for business use only:
A. Absent unusual circumstances, such as an illness in the family, calls will be limited to
three (3) per shift, limited to fifteen (15) minutes per call.
B. Long distance telephone calls (long distance calls preceded by a "1" except for 1-800
or 1-866 toll free type numbers) may not be charged to the County. Violations of this Article that
result in a charge to the County may result in disciplinary action.
Section 28.8 - Other
No pornographic material may be possessed or viewed on County property.
Section 28.9 - Electronic Media
Nothing in this Agreement will prohibit the County from eliminating paperwork and using
electronic media.
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ARTICLE 29
HEAL TH AND SAFETY
Section 29.1 - Health/Safetv Cooperation
The County agrees to provide reasonable standards of safety and health in the Emergency
Medical ServiceslFire Department in order to eliminate accidents, deaths, injuries and illnesses in the
Department. Health and safety is ajoint responsibility; therefore, employees must follow all safety
standards and utilize all safety equipment provided.
Section 29.2 - Presumptions
Employees who suffer any condition or impairment of health caused by any ofthe following
conditions shall be presumed to have been by accidental means and to have been suffered in the line
of duty, unless the contrary can be shown by satisfactory evidence by the County:
· Hepatitis A
· Hepatitis B
· Hepatitis Non-A
· Hepatitis Non-B
· Any other strain of Hepatitis generally recognized by the medical community
· Pulmonary Tuberculosis
· Meningococcal Meningitis
Section 29.3 - Emplovee Assistance Pro2ram
The County will provide an Employee Assistance Program with coverage consistent with the
program provided for other County employees. All information relative to an employee's
participation will only be recorded in a confidential file, with access limited as required by law.
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Section 29.4 - Debriefin2
The County shall schedule defusing sessions and post-incident debriefing sessions with the
County CISD team when requested by the employee involved in a significant on-duty medical-
related incident. Units involved shall, when practical, be placed out of service until a replacement
crew can be assigned or until such time as the crew is debriefed and cleared for duty. If released
from duty for the remainder of the shift, the employee shall be compensated and the time will be
charged to sick leave or paid Administrative leave.
Section 29.5 - Tobacco Products
Tobacco products (pipes, cigars, cigarettes, chewing tobacco, etc.) cannot be used in stations
or in County vehicles while on or off duty. Use of tobacco products outside the station should not
create litter. Any new employee will execute the "Non-Use of Tobacco Products Agreement" and
will abstain from the use of all tobacco products while on and off duty.
Section 29.6 - Physicals
Physicals shall be offered on an annual basis to all bargaining unit employees. The
Workplace Safety Committee shall make recommendations as to the requirements of those employee
physicals.
Section 29.7 - Safety Committee
A. A Workplace Safety Committee shall be maintained to address issues of health and safety.
The Committee will be organized as set forth in the Florida Administrative Code.
B. The County will make reasonable efforts to provide and maintain safe working conditions in
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accordance with all applicable sections ofthe Florida Administrative Code. To this end, the
Union will cooperate and encourage the employees to work in a safe manner and to utilize all
personal safety equipment provided.
C. Any recommendation or suggestion of the Workplace Safety Committee shall be presented
to the Chief in writing for consideration. The Chief shall respond to the Committee in
writing within fourteen (14) days of the receipt of the Committee's suggestion or
recommendation.
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ARTICLE 30
ALCOHOL AND DRUG TESTING
Section 30.1 - Policy
The County prohibits the use, possession, transfer, sale and receipt of illegal drugs and
narcotics at all times, whether on or off duty. The County prohibits the abuse of alcohol at all times,
whether on or off duty. In addition, the County prohibits the use or possession of alcohol, or
reporting to work under or being under the influence of alcohol while on duty.
Section 30.2 - Reasonable Suspicion Testin2
In the event a member of management has a reasonable suspicion to believe that an employee
is under the influence of drugs or alcohol on duty, he/she may require that the employee submit to an
industry-accepted breathalyzer test, blood test, urinalysis and/or other appropriate testing.
Reasonable suspicion may be based upon a variety of factors, including but not limited to accident,
absenteeism, injury, conduct, performance, physical signs such as impaired reactions or judgment,
slurred or exaggerated speech or lack of balance, as well as the smell or presence of alcohol or a
controlled substance, or reports by other employees. Should the employee test positive to alcohol or
drugs, the County will utilize a confirmatory process before taking further action. Such
confIrmatory process will utilize industry-accepted testing procedures.
Section 30.3 - Refusal to Test
In the event an appropriate management official as defmed in Section 30.2 above requests
that an employee submit to a breath, blood, urine and/or other tests, and the employee refuses to
submit to such test or tests, such refusal may result in disciplinary action, up to and including
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discharge.
Section 30.4 - Search of Property
In order to promote safety, health and security concerns, the Emergency Medical
Services/Fire Chief and/or designee may search lockers, vehicles and other County-owned or
supplied areas. The Chief and/or his designee reserves the right, based on reasonable suspicion, to
search employee-owned vehicles, handbags, lunch boxes, and other containers or personal effects,
including outer clothing. At no time will any employee's clothing be searched by or in the presence
ofa member of the opposite sex. All such searches shall be undertaken in the presence ofa security
officer employed by or under contract with the County. An employee's refusal to cooperate with or
submit to a search may result in disciplinary action up to and including discharge.
Section 30.5 - Prescription Dru2s
All employees who must use a prescription drug that causes adverse side effects (drowsiness
or impaired reflexes or reaction time) shall inform their supervisor in writing that they are taking
such medication on the advice of a physician. It is the employee's responsibility to also inform
his/her supervisor of the possible side effects of the drug on performance and expected duration of
use. The prescribing physician must provide a statement that the employee can perform all of the
employee's normal job functions, which will be provided to the employee's supervisor prior to
starting work.
Section 30.6 - Cost of Dru2/Alcohol Testin2
The cost of drug and alcohol screening tests required by the County will be paid by the
County.
Section 30.7 - Discipline
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The County retains the right to discipline, up to and including discharge, any employee who
uses, possesses, dispenses, sells or buys illegal drugs or narcotics, whether on or off duty, or who
uses or possesses alcohol while on duty, or who reports to work under or is under the influence of
illegal drugs or alcohol. Employees are also prohibited from reporting to work with the smell of
alcohol on their breath. The existence of an Employee Assistance Program does not affect the right
of the County to impose discipline, up to and including termination, for violating this Article.
Section 30.8 - Conviction of Dru2/ Alcohol Offense
Any employee who is convicted, pleads guilty or nolo contendre (no contest) to any criminal
drug statute violation, or of driving under the influence of drugs or alcohol, whether on or off duty,
must notify the Director of Human Resources no later than five (5) days after such conviction.
Failure to do so will be cause of appropriate disciplinary action, up to and including termination.
Once the County receives such information, the County will make the appropriate determination as
to what disciplinary or other action, if any, is to be taken.
Section 30.9 - Other Testin2
The County reserves the right to initiate any other drug or alcohol testing, including random
testing, upon 60-days written notice to the Union and the employees.
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ARTICLE 31
STATION FACILITIES
Section 31.1 - Station Facilities To Be Equipped
The County agrees that station facilities will be equipped as outlined in this Article.
Section 31.2 - Minimum Equipment
supplies:
Each ambulance station shall be supplied with the following minimum equipment and
.
1 twin bed per on-duty employee
1 recliner per on-duty employee
All future EMSlFire sleeping quarters will allow for separate, private sleeping rooms.
Air conditioning and heat
Microwave oven
Coffee Maker
Video VHS/DVD player
Full-size refrigerators for future facilities or replacement of currently existing units upon
expiration
Dishes to include plates, drinking glasses, coffee cups, knives, forks and spoons
Color television
Telephone
Physical fitness equipment
Kitchen sink
Stove
Water service
Bathroom with shower facilities
Assorted cooking pans and utensils
Electric service
Area for paperwork
Gear hag for personal protective equipment
Electronic bulletin board (if used, limitations 0.( Article 25 are applicable)
One computer per unit with a mouse, keyboard, and one (1) printer per station
One (1) locker per employee assigned to that station daily. Lockers shall be of adequate
size to accommodate the employee's bedding, uniforms, and personal belongings.
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The above equipment and supplies shall be supplied directly by the County in County-owned
stations. If the Station is provided or owned by an agency other than the County, the County will
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make every reasonable effort to allow the employees the free use of the above equipment and
supplies. The County and employees shall ensure that the equipment listed in this Section shall be
maintained in good working condition.
Section 31.3- Leavin2 Equipment at Station
Employees may leave their bedding/and or bunker gear at the station they are assigned, with
the understanding if those items are stolen it is the employees responsibility to replace those items at
the employees cost. Payments will be made over a six (6) month time frame to the County. The
County will loan the employee bunker gear if there is bunker gear in supply that will fit the
employee. No employee will be prohibited from working until their bunker gear is ready.
Employees that choose to leave their bunker gear or other equipment at the Station are
responsible for retrieving that equipment if they are moved to another station. Any employee must
be notified of the move one (1) hour prior to shift to retrieve their gear. If retrieving their gear
causes the employee to be late to their next station then the employee will not be paid for the time
they are late. If an employee is not notified one (1) hour prior to shift and they arrive late to their
next station there will be no penalty to the employee.
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ARTICLE 32
STAFFING
Section 32.1 - Station Location
The County retains the right to identify station locations for 24-hour units that are different
from those in effect on ratification date of this Agreement. Station location will be based on the
County's determination on how to best meet the public's needs, and the County may close or change
station locations or open new station locations, as the system's needs change. If a new County-
owned station location is established, the County agrees to equip it as outlined in the Station
Facilities Article.
Section 32.2 - Universal Startin2 Time
All bargaining unit employees, excluding pilots, will have a universal starting time
commencing at 8:30 a.m. Pilots will have a universal start time at 7:00 a.m. or 7:00 p.m. at the
discretion of the Chief Pilot.
Section 32.3 - Station Bids
Station bids will be submitted between October 1 and October 15 based on Seniority as
defined in Section 8.1. Station bids will be based upon date of hire, unless the employee participates
in a specialty program; then bids are based upon date of entrance into the program. Bids will come
into effect on January 1 st of the following calendar year. Rotations and staffing will be based upon
the needs of the County in a fair and equitable manner.
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Section 32.4- Vacancies
Employees who desire to move from one Division to another may put a request in writing
and, as vacancies occur, those with the request will be considered for the vacancy.
A. There will be no husband/wife or live- in crews.
B. If possible, accommodations shall be made to keep husbands and wives employed by
CCEMS on the same shift upon request. Consideration will also be given to allowing employees
whose spouse works for another local agency to work the same shift. In addition, the EMS/FIRE
Chief may extend the same shift accommodations to employees who share a close familial
relationship.
C. Accommodations will be made for employees who can demonstrate, in writing, a need for
a specific shift due to childcare issues.
Section 32.5 - ALS En2ine Pro2ram
Fire Department personnel may be assigned work duties on EMS/FIRE units on a one-to-one
exchange with an EMS/FIRE Lieutenant/Firefighter or Paramedic/Firefighter assigned to the Fire
Department unit. At no time shall Fire Department personnel be utilized to cover sick or vacation
opemngs.
Section 32.6 - Station Assi2nments
The bid system will be based on seniority and split into two (2) lists: Non-certified and
Medical Director certified employees. Each employee will give a list ofthree (3) rotation choices to
the District Vice President starting on midnight October 18t to midnight October 15th. The County
agrees to post bids bye-mail by December 1 st. If an employee opts not to bid they will be put into a
rotation to meet the operational needs ofthe County. Station rotations will be instituted by January
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1st of each year.
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ARTICLE 33
SPECIAL EVENTS
Section 33.1 - Special Events
Employees scheduled to cover Special Events (i.e., football games, concerts, etc.) shall be
provided all necessary equipment required to cover the event. Events requiring a dedicated EMS
unit will first be staffed with volunteers who will be paid the appropriate straight-time/overtime
hourly rate. Ifvolunteers are not available and mandatory overtime is not required, the County may
cover the Event with an on-line unit. Employees will cover special events assigned to them.
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ARTICLE 34
EDUCATIONAL INCENTIVES
Section 34.1 - Mandatorv ClasseslIn Service
Employees required to attend mandatory classes or mandatory in-service training shall be
paid at the appropriate straight-time/overtime rate of pay for each hour they attend class.
Section 34.2 - De2ree Incentive Pay
Employees meeting and maintaining any of the following educational requirements or
certifications shall receive educational incentive pay as reflected in the schedule below. Incentive
pay shall be paid by the County from the first day of the pay period following the date the employee
provides a copy of the certification/degree to the County. All degrees must come from an accredited
educational facility.
DEGREE % INCREASE
A.S. Degree in: Emergency Medical 2% increase in the employee's
Technology, Fire Administration, (for Pilots, a base hourly rate of pay
degree in Aviation Management or similar
aviation-related degree)
Bachelor's Degree in: Public Administration, 4% increase in the employee's
Business Administration, Heal th Care base hourly rate of pay
Administration, Fire Administration,
Emergency Medical Technology, (for Pilots,
a degree in Aviation Management or similar
aviation-related degree)
Master's Degree in: Any of the academic 6% increase in the employee's
disciplines listed under the Bachelor's Degree base hourly rate of pay
above.
Employees may receive educational incentive pay for only one of the degree incentives
(Associate's degree, Bachelor's degree or Master's degree) at anyone time. The monies paid under
this Article for the degrees listed above are in addition to monies supplied directly by the State for
the same degrees. Employees who earned education incentive pay under the criteria set forth in the
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contract immediately prior to this one, and continue to meet and maintain those educational
requirements and certifications, will continue to have that incentive recognized under this agreement.
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ARTICLE 35
LICENSURE
Section 35.1 - Responsibilitv
Employees who are required to have current Florida State EMT or Paramedic certification
shall, as a part of their job, be solely responsible for keeping the certification current as required by
Florida law, with the exception of necessary C.E.U.s required for certification as an EMT or
Paramedic. The County agrees to supply employees with copies of all paperwork showing proof of
Continuing Education Hours obtained by the employee at In-Service Training classes offered by the
County. This paperwork shall be supplied to the employee in such time as to allow the employee to
get recertification paperwork to the State of Florida in the time required for recertification.
Section 35.2 - Florida Driver's License
Employees within the bargaining unit are required, as a condition of continued employment,
to maintain a current appropriate Florida Driver's license and must comply with County Policy on
Eligibility to Drive County Vehicles (CMA 5805, attached as Appendix B).
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ARTICLE 36
IN-SERVICE/CONTINUING EDUCATION TRAINING
Section 36.1 - CPR! Advanced Cardiac Life Support Re-Certification Classes
The County agrees to sponsor and conduct an American Heart Association CPR and
Advanced Cardiac Life Support certification and/or re-certification class on-duty at least once every
two years at no cost to the employees. Additionally, the County agrees to sponsor and conduct a
Pediatric Advanced Life Support certification and/or re-certification class at least once every two
years that the employees may attend while off duty. The County agrees to make available to each
employee attending the training all necessary textbooks required for all classes.
Section 36.2 - In-Service Trainin2
The County agrees to offer in-service training classes at a location within the County. The
classes will provide acceptable Continuing Education Units (CEU) for both EMT and Paramedic re-
certification. These in-service training classes shall be offered so employees are able to attend while
off duty. Employees shall be paid by the County at the appropriate rate for each hour spent attending
in-service training classes.
Due to the importance of the information contained in these educational opportunities, the
Medical Director has set the following requirements:
a) During the State of Florida two (2) year Paramedic/EMT re-certification
period, all EMS employees must attend all educational opportunities. These classes
are mandatory unless excused by the Medical Director or the EMS Chief, in writing.
The County agrees to offer each in-service training at least six (6) times in an effort
to be sure all EMS/Fire employees may attend. The County agrees to provide
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adequate notice of in-service training. The County agrees that there may be
instances, such as, illness, injury, or pre-scheduled time off when the employee may
not be able to attend an in-service, in such cases the County agrees to record the
training or provide equivalent training for personnel so that they have the number of
hours necessary to re-certify. It is understood that there may be instances when the
schedule needs to be changed, but accommodations will be made for employees who
cannot attend due to the change in the schedule.
b) Employees who arrive more than 15 minutes late or leave 15 minutes prior to
the completion of the in-service will not receive CEU's or credit of attendance. It
will be the employee's responsibility to sign in and out of the class.
c) In order to ensure the highest level of attention to the speaker(s) and the
Medical Director, children at the in-service are discouraged. Efforts will be made to
notify employees as far in advance as possible of upcoming educational to allow time
to address childcare issues. If an employee must bring a child to the class, he/she
needs to be aware that if the child is being disruptive, the lead coordinator of the
class may ask the employee and child to leave, at which time the employee will only
receive credit for the time spent at the class. If an employee should be asked to
leave, the employee will be able to complete the class at a later time, or participate in
other training opportunities to make up the time missed.
d) Attire Requirement: Casual dress will be permitted. No offensive dress will
be allowed. When dressing for classes, employees should remember that these classes
are held in public places and employees are officially representing the department.
e) Failure to meet the attendance requirement will result in disciplinary action to
be taken, along with having to meet with the Medical Director for a remedial
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direction.
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ARTICLE 37
OUT-OF-TOWN TRANSFERS AND TRAVEL
Section 37.1- Milea2e
When authorized by the County to use their personally owned vehicles for official business
or approved training, employees shall be compensated at the rate per mile in accordance with
Federal regulations.
Section 37.2 - Per Diem
When traveling outside of Collier County on approved business for the County and not being
paid their hourly rate of pay, employees shall be paid a per diem rate per day oftravel/business equal
to the amount set by Federal regulations.
Section 37.3 - Out-Of- Town Transfers
Employees sent on a vehicle for an out-of-town transfer (outside Collier County and Lee
County) shall be provided the following:
A. Money for tolls (reimbursed upon return when requested using the proper County
form).
B. Money or credit card for fuel purchases.
C. Cellular telephone for emergency communications while outside Collier County.
91
Agenda Item No. 16F3
October 24, 2006
Page 99 of 119
ARTICLE 38
MEDICAL QUALITY ASSURANCE
The Union and the County agree that Medical Quality Assurance is of paramount importance
in assuring the citizens of Collier County receive the best possible level of Emergency Medical Pre-
Hospital Care. The Union and the County also agree that the responsibility for assuring quality
medical care rests jointly with the Collier County Medical Director, Collier County EMSlFire
Administration, and the employees.
92
Agenda Item No. 16F3
October 24, 2006
Page 100 of 119
ARTICLE 39
SAVINGS CLAUSE
Section 39.1 - Savin2s
If any Article or Section of this Agreement should be found invalid, unlawful or not
enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all
other Articles and Sections of this Agreement shall remain in full force and effect for the duration of
this Agreement.
Section 39.2 - Re-Ne2otiation
In the event of invalidation of any Article or Section, both the County and the Union
agree to meet within thirty (30) days of such determination for the purpose of arriving at a
mutually satisfactory replacement for such Article or Section.
93
Agenda Item No. 16F3
October 24, 2006
Page 101 of 119
ARTICLE 40
EMPLOYEE RECOGNITION AND REWARD PROGRAMS
Section 40.1 - Participation in Pro2rams
All bargaining unit employees shall be entitled to participate in and receive all benefits
(whether monetary or otherwise) of any longevity of service or other employee recognition and
reward program that is provided to all other County employees.
Section 40.2 - Ri2ht to Modifv or Discontinue
The Union recognizes and agrees that all such employee recognition and reward programs
may be modified or discontinued by the County at any time for any reason and that the rights of
bargaining unit members in this regard will be no different than those of all other County employees.
94
Agenda Item No. 16F3
October 24, 2006
Page 102 of 119
ARTICLE 41
LABO~NAGEMENTTEAM
Section 41.1- LaborIMana2ement Team
The County will establish and coordinate a Labor Relations Team whose goal is to create an
open dialog between EMS/Fire management and bargaining unit employees. The team is considered
a venue for employees to express concerns, ideas and to facilitate positive change within the
EMSlFire organization and its practices. The Union and County shall each designate three (3)
members. The team will meet quarterly, or more often upon agreement of the parties, and will be
open to all bargaining unit employees. Discussion shall not be considered collective bargaining
negotiations.
95
Agenda Item No. 16F3
October 24, 2006
Page 103 of 119
ARTICLE 42
DURATION
Section 42.1 Termination
This Agreement will be in full force and effect as of the effective date of the ratification of
this Agreement by the parties and shall remain in full force and effect until midnight, the 30th day of
September, 2009. Either party may reopen negotiations for the 2009-2010 contract year and beyond
by giving the other notice of intent to reopen during May 2009. Failure to give notice oftermination
and intent to reopen will result in this Agreement automatically renewing until notice is given during
May of any subsequent year.
96
Agenda Item No. 16F3
October 24,2006
Page 104 of 119
FOR COLLIER COUNTY:
James V. Mudd
Collier County Manager
FOR THE UNION:
~ J,/-tJ-
Mike Holobinko, Vice President and
Licensed Bargaining Agent for
Southwest Florida Professional Firefighters
& Paramedics, International Association of
Firefighters, Local 1826
r1.kc /I-LC~
Type or Print Name
!()!tI!O&.,
Dat! I
WIl~ ~ ~
-
By: WO\.\:L&-tQ\I~'S
Type or Print Name:
THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE R4.RGAINING UNIT
AND THE COLLIER COUNTY BOJ\RD OF COlJ"NTY CO:l\1MISSIONERS.
98
Agenda Item No. 16F3
October 24, 2006
Page 105 of 119
A TIEST:
DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
OF COlllER COUNTY, FLORIDA
Frank Halas, Chairman
Deputy Clerk
Scott R. Teach, Assistant County Attorney
Agenda Item No. 16F3
October 24,2006
Page 106 of 119
APPENDICES
Appendix A - County Administrative Procedure 5351 - Discipline
Appendix B - County Administrative Procedure 5805 - Eligibility to Drive County Vehic1es
99
OFFICE OF THE COUNTY MANAGER
ADMINISTRATIVE PROCEDURE
Agenda Item No. 16F3
October 24, 2006
Page 107 of 119
CMA# 5351
SUBJECT: Discipline
Effective Date: April 9, 1999 (Revised: March 13,2000; Revised: October 1, 2001; Revised: October 1, 2003, Revised: January 1,
2005; Revised: April 1, 2006)
A. PURPOSE: The purpose of this Instruction is to provide for the implementation of a
disciplinary procedure authorized by the County Manager.
B. CONCEPT: It is the practice of the County to implement a practice of positive
discipline. The County believes employees are the most vital resource of County Government.
Therefore, when employee behavior warrants it, supervisors must take positive corrective action
whenever practical. These disciplinary procedures apply only to all regular full-time and part-
time employees below the level of Department Director. Department Directors, Chiefs, Division
Administrators, County Attorney, Chief Assistant County Attorney, Deputy County Manager and
the County Manager reporting to the Board of County Commissioners are exempt from this
disciplinary procedure, serve at the will of the County and may be discharged or demoted for any
reason. All temporary and seasonal employees and contractual staff of the County are also
exempt from this disciplinary procedure. Employees in their initial probationary period (including
any extension of their initial probationary period) do not have appeal rights under this procedure.
1. Factors In Discipline: Although internal consistency in administering discipline
is desirable, numerous factors should be considered in determining the appropriate level
of discipline to be administered. These factors include, but are not limited to:
a) Employee's length of service.
b) Intervals between performance or behavior problems.
c) Employee's willingness to improve overall work perfonnance or
behavior.
d) Previous disciplinary actions.
e) Effectiveness of prior disciplinary actions.
f) Severity of disciplined behavior.
g) Repetition of disciplined behavior.
2. Philosophy: Supervisors should work with employees to improve performance
or behavior and may refer employees to the Employee Assistance Program whenever
possible. Each disciplinary action, other than verbal counseling, must be fully
documented on a Behavior Action Plan and submitted to the Human Resources
Department prior to implementation. Some breaches of conduct are so severe, however,
that they warrant an immediate discharge or other disciplinary action. The following
include, but are not limited to, actions that may warrant immediate discharge: workplace
violence, violations of the Code of Ethics or any applicable ethics laws or ordinances,
"Appendix A"
Agenda Item No. 16F3
October 24,2006
Page 108 of 119
insubordination, theft, sexual harassment, or other severe misconduct or unsatisfactory
performance or behavior.
3. Disciplinary Actions:
a) Verbal counseling session:
(1) Supervisors should advise employees immediately whenever the
employee's attitude, work habits, or personal conduct falls below an
acceptable level.
(2) It is the responsibility of the employee's immediate supervisor to
get all the facts, weigh the evidence and discuss any disciplinary
problems with the employee involved.
(3) The purpose of a verbal counseling seSSlOn IS to encourage
employees to improve their work habits, attitude, attendance, or
behavior. Discussions of this nature are commonly used when an
employee disregards work rules of a relatively minor nature. The normal
procedure is for the employee's immediate supervisor to identify and
define the area in need of improvement and ask the employee what steps
he/she will take to make improvements in their behavior.
(4) A verbal counseling session serves notice that if improvement is
not forthcoming, or the misconduct reoccurs, then more formal
disciplinary action such as written counseling, suspension, or discharge
may be taken. The supervisor should note the verbal counseling session
on the County's Supervisory Log Form and maintain this form in
department records. The supervisor and the employee should initial the
Supervisory Log entry. This fonn should not be placed in the employee
personnel file in the Human Resources Department, but should be
retained by the Supervisor.
b) Written Counseling Session:
(1) In situations where verbal counseling has not resulted in the
expected improvement or when an employee exhibits further disciplinary
problems or when the employee's conduct warrants, a Behavior Action
Plan shall be issued. If misconduct is involved, the information should
include a description of the incident of misconduct and refer to times,
dates, locations, personnel involved and rules violated, if applicable.
(2) The employee's immediate supervisor may initiate the Behavior
Action Plan in coordination with the Department Director and the
assigned Human Resources Generalist and give the fonn to the employee
after approval by the Labor and Employee Relations Manager and
Human Resources Director.
(3) The employee's signature is requested on the Behavior Action
Plan to acknowledge receipt; however, the signature mayor may not
indicate an employee's agreement with the disciplinary action. If the
"Appendix A"
OFFICE OF THE COUNTY MANAGER
ADMINISTRATIVE PROCEDURE
Agenda Item No. 16F3
October 24,2006
Page 109 of 119
employee refuses to sign, it should be so indicated on the Behavior
Action Plan in the area reserved for the employee's signature. The
signatures of the supervisor, Department Director, Labor and Employee
Relations Manager and Human Resources Director must be included.
(4) The Behavior Action Plan, documenting the conduct and, where
appropriate, the Code of Ethics/Standards of Conduct violated and
disciplinary action taken, shall be retained in the employee's personnel
file in the Human Resources Department.
c) Suspension:
(1) An employee may be suspended by the employee's immediate
supervisor, with the prior approval of the Department Director or his/her
designees and upon consultation with the assigned Human Resources
Generalist. Such suspension may be without pay for reasons provided in
the Code of Ethics/Standards of Conduct or for other unacceptable
conduct. Suspension shall be in accordance with the requirements of the
Fair Labor Standards Act.
(2) In emergency situations, the immediate supervisor may place an
employee on administrative leave with pay without the approvals and
consultation indicated above (weekends, nightshift, perceived danger to
fellow employees, the public or to County property, safety concerns;
etc.). In these cases, the supervisor should contact the Department
Director, the Human Resources Director and the Labor and Employee
Relations Manager as soon as possible.
(3) Suspensions shall be documented on a Behavior Action Plan
which describes unacceptable conduct and, where appropriate, the Code
of Ethics/Standards of Conduct violated and the disciplinary action
administered. The Behavior Action Plan may be given to the employee
after approval by the Labor and Employee Relations Manager and
Human Resources Director. As above, the Behavior Action Plan must
include the signatures of the supervisor, Department Director, Labor and
Employee Relations Manager and Human Resources Director. The
original copy of the Behavior Action Plan shall be retained in the
employee's personnel file in the Human Resources Department. A
Personnel Action Report (PAR) should be completed when a suspension
occurs.
(4) Any employee recommended for suspension shall be placed on
notice of his/her appeal rights, if any, by separate letter/memorandum
from the Human Resources Department. A copy of any available appeal
rights shall be provided with this letter/memorandum.
d) Discharge/Disciplinary Demotion:
(1) Employees may be discharged or demoted for misconduct,
unacceptable job performance, job abandonment and/or violations of the
Code of Ethics/Standards of Conduct. As noted in the Code of
"Appendix A"
Agenda Item No. 16F3
October 24, 2006
Page1100f119
Ethics/Standards of Conduct, the reasons for discipline, including
discharge or demotion, outlined therein are examples and are not
considered all inclusive. Recommendations to discharge or demote
regular full-time and regular part-time employees who have completed
their initial probationary period may be made by the employee's
Department Director in coordination with the assigned Human Resources
Generalist, after consultation with the Labor and Employee Relations
Manager and Human Resources Director. Following this consultation,
the recommendation shall be formalized by completion of a Behavior
Action Plan.
(2) The Behavior Action Plan should indicate a description of
reasons for the recommended discharge or demotion and indicate the
Code of Ethics/Standard of Conduct violated, if applicable, or other
reasons for the recommended discharge or demotion.
(3) The Behavior Action Plan should be signed by the immediate
supervisor and Department Director and forwarded to the Labor and
Employee Relations Manager and the Human Resources Director for
review and approval prior to communication with the employee. In
extreme cases, this approval may be obtained verbally.
(4) Employees may be placed on administrative leave with pay
pending approval of the discharge or demotion and will be entitled to a
termination/disciplinary demotion hearing upon written request. See
Items 4 b) and 4 c) below.
(5) Any employee recommended for discharge or demotion shall be
placed on notice of his /her appeal rights, if any, by a letter/memorandum
from the Human Resources Department separate and apart from the
BAP. A copy of any available appeal rights shall be provided to the
employee with the letter/memorandum.
e) Employees at the Department Director level and above serve at the will
of the County Manager and/or Appointing Authority. These employees are
exempt from the suspension/discharge/disciplinary demotion appeal procedures,
and may be discharged/demoted for any reason.
f) New Hire probationary, temporary and seasonal employees and
contractual staff are not covered by this procedure and may be separated at any
time for any reason.
g) When disciplinary action is taken and a Behavior Action Plan is
completed, an employee may be placed on probation for a period not to exceed
three (3) months. When the employee meets the established goal(s), the
probationary period may be lifted. If the employee does not meet the established
goal(s), further disciplinary action may be taken, up to and including discharge.
4. Suspension, Discharge and Disciplinary Demotion Appeal Procedures: No
appeal will be allowed for any disciplinary action except for suspensions, tenninations
and disciplinary demotions as outlined below. Employees will, however, be pennitted to
"Appendix A"
OFFICE OF THE COUNTY MANAGER
ADMINISTRATIVE PROCEDURE
Agenda Item No. 16F3
October 24, 2006
Page 111 of 119
submit statements outlining the reason(s), if any, for their disagreement with the
disciplinary action taken.
a) Post Suspension Appeal:
(1) The employee may request a hearing within five (5) working
days of receipt of the notice of suspension before the Division
Administrator/Chief or his/her designee. The Department Director, and
Human Resources Director, or their respective designees, shall be in
attendance. The employee will be provided an opportunity to present
evidence that the suspension is inappropriate. The Department Director
or his/her designee, and the employee's supervisor, shall present the
reasons/documents for the suspension. The Division Administrator/Chief
shall hear the facts of the matter and take additional action, as necessary,
to ensure all the facts in the matter are determined. The Division
Administrator/Chief, or his/her designee, shall render a decision within
ten (10) working days ofthe hearing.
(2) Upon written request by the employee at least three (3) working
days prior to the hearing, the County will allow the attendance of a
reasonable number of County employees who have direct knowledge of
the incident under review at the hearing as witnesses for the employee.
The employee is responsible for scheduling the appearance of his/her
witnesses. The County will be responsible for the wage or salaries of all
County employee witnesses who appear at the hearing at the request of
the employee. A list of witnesses, summary of testimony and other
evidence, shall be provided by both parties to the Human Resources
Department at least three (3) working days prior to the hearing.
(3) The Division Administrator will issue a final decision within ten
(10) working days to the employee.
(4) If the suspension is upheld by Division Administrator or his/her
designee, the Behavior Action Plan documenting the suspension shall be
placed in the employee's personnel file in the Human Resources
Department. If the suspension is overturned by the Division
Administrator or his/her designee, all pay, if applicable shall be
reinstated to the employee and documentation regarding the suspension
shall be placed in the employee's personnel file.
b) Pre- Termination/Pre-Disciplinary Demotion Hearing:
(1) A pre-termination (discharge)/ pre-disciplinary demotion
hearing, if requested in writing by the employee within five (5) working
days of the action, will be coordinated by the Human Resources Director
or designee and is intended to present the factual reasons for the
discharge/disciplinary demotion for verification or denial of those facts
by the employee. The hearing can be waived by the employee, in which
case the proposed disciplinary action will stand.
"Appendix A"
Agenda Item No. 16F3
October 24, 2006
Page 112 of 119
(2) The employee will receive notification of the hearing in writing a
minimum of three (3) business days prior to the hearing from the Human
Resources Director or his/her designee. This notice will contain the date,
time and place of the hearing, reasons for the discharge/disciplinary
demotion and a copy of the approved Behavior Action Plan. Failure of
the employee to attend the scheduled hearing will be considered a waiver
of the hearing and the discharge will stand.
(3) The pre-termination/pre-disciplinary demotion hearing will be
conducted by the Division Administrator or designee with assistance
from the Human Resources Department. The purpose of the hearing is to
avoid factual mistakes relating to the matter and determine whether the
facts support the decision and fall within guidelines of existing CMA's.
The employee will not be allowed representation by an attorney.
(4) The Division Administrator or designee shall make a decision
within three (3) working days of the conclusion of the hearing. The
Division Administrator shall advise the employee and the Human
Resources Director of the decision and once a written answer is prepared,
will provide a copy to the employee, Human Resources Director,
immediate supervisor, and Department Director.
c) Post-Termination/Post-Disciplinary Demotion Appeal:
(l) The employee may then request a hearing, within five (5)
working days upon receipt of the Division Administrator's
determination, before the County Manager or his/her designee. The
Human Resources Director will schedule the hearing within 30 days of
receiving the request for the hearing. The hearing may only be
rescheduled upon written request of either party, and must be re-set
within a reasonable time. The Department Director and Human
Resources Director, or their respective designees, shall be in attendance.
The employee may be allowed to present witnesses and documentation
and cross-examine witnesses presented by the County. The employee
will be allowed representation by an attorney. The employee will have a
right to examine the evidence that forms the basis for the
discharge/disciplinary demotion. The Department Director or his/her
designee, with assistance and representation from the Office of the
County Attorney and the Human Resources Director or his/her designee,
as appropriate or as needed, shall present the reasons for the
discharge/disciplinary demotion and will also be allowed to present
witnesses and documentation and will be allowed to cross-examine
witnesses presented by the employee. The County Manager or designee
shall take action to ensure all facts in the matter are determined
(2) Judicial rules of procedure and evidence will not be applicable.
The County Manager shall render his/her decision within ten (10)
working days of the hearing. A court reporter shall document this
process. All witnesses providing testimony will be put under oath.
"Appendix A"
OFFICE OF THE COUNTY MANAGER
ADMINISTRATIVE PROCEDURE
Agenda Item No. 16F3
October 24,2006
Page 113 of 119
(3) Upon written request by the employee at least three (3) working
days prior to the hearing, the County will allow the attendance of a
reasonable number of County employees at the hearing as witnesses for
the employee. The employee shall be responsible for scheduling the
appearance of hislher witnesses. The County will be responsible for the
wage or salaries of all County employee witnesses who appear at the
hearing at the request of the employee. A list of witnesses and summary
of testimony and other evidence shall be provided by both parties to the
Human Resources Department at least three (3) working days prior to the
hearing.
(4) At the option of the County Manager, a Hearing Officer may be
selected to make the Findings of Fact. The person selected will either be
the County Manager's designee, an attorney who is a member of the
Florida Bar Association, or an arbitrator listed with either the American
Arbitration Association or the Federal Mediation and Conciliation
Service. All expenses of the Hearing Officer will be the responsibility of
the County. The Hearing Officer will prepare written Recommended
Findings of Fact and, if appropriate, Conclusions of Law and submit
them to the County Manager within 10 business days following the close
of the hearing. The Hearing Officer will not make any recommendation
as to the actual resolution of the discharge. The County Manager will
issue a final decision within ten (10) working days to the employee.
(5) If the discharge/disciplinary demotion is upheld by the County
Manager, the Behavior Action Plan documenting the
discharge/disciplinary demotion shall be placed in the employee's
personnel file in the Human Resources Department. If the
discharge/disciplinary demotion is overturned by the County Manager,
all pay and benefits, if applicable, and original date of hire shall be
reinstated to the employee and documentation regarding the
discharge/disciplinary demotion shall be placed in the employee's
personnel file.
d) General Provisions:
(1) An appeal or request for a hearing that is not submitted within
the time limits as prescribed for each step, where no written extension
has been granted by the due date, shall be considered untimely; and,
unless the lack of timeliness results from circumstances over which the
employee has no control, untimely requests will not be considered. An
appeal or request for hearing not taken to the next step within the time
limits shall be considered settled on the basis of the last answer provided
by management. An appeal or request for a hearing that is not answered
within the time limits prescribed for the appropriate management
representative at each step shall entitle the employee to appeal to the next
step.
(2) The time limits prescribed herein may be extended for good and
sufficient reasons by management due to short term illness, vacations,
business trips, scheduling/workload conflicts, or emergencies, when
"Appendix A"
Agenda Item No. 16F3
October 24,2006
Page1140f119
deemed in the best interest of assessing all available information to
arrive at an equitable solution. If the time limits are extended, the
employee will be so advised in writing.
(3) The time limits as set forth in this procedure for the processing
of complaints and responses by management shall remain the same for
employees regardless of work schedules. For the purpose of this
discipline procedure, the working day shall be defined as regular
business hours Monday through Friday. An employee who seeks an
extension of the time limits set forth herein must make the request to the
Human Resources Director in writing prior to the expiration of the time
period to be extended.
(4) A court reporter shall be utilized to document the post
disciplinary demotion and post termination appeal processes.
C. CURRENCY: The Human Resources Department is responsible for maintaining the
currency of this Instruction.
D. REFERENCE: Collier County Personnel Ordinance, Ordinance No. 2001-50:
Discipline: It is the policy of the County to implement a policy o.f positive progressive discipline.
The County believes employees are the most vital resource of County Government. Therefore,
supervisors must take positive corrective action whenever practical. TIle disciplinary procedures
apply only to all regular full-time and part-time employees below the level 0.( Section Heads,
Department Directors, Division Administrators, and all sllpervisOlY employees direct~v reporting
to the Board of County Commissioners, County Attorney, and County Manager are "exempt"
from the disciplinary policy, serve at the will of the County, and may be discharged for any
reason. All contractual employees of the County are exempt from the disciplinary policy.
"Appendix A"
Agenda Item No. 16F3
NAME OF EMPLOYEE
SOCIAL SECURITY NO.
DATE
JOB TITLE
DIVISION
DEPARTMENT
SUPERVISOR (Print Name)
I. DESCRIPTION OF INCIDENTINATURE OF VIOLATION: (DESCRIBE MISCONDUCT. LIST DATE, TIME AND
STANDARDS OF CONDUCT VIOLATED. INDICATE PERFORMANCE NOT MET. DESCRIBE WORKFLOW IMPACT.)
II. SUMMARY OF EMPLOYEE'S PAST DISCIPLINARY ACTION(S): LIST ALL DISCIPLINARY ACTIONS, COUNSELING
THAT HAVE OCCURRED. INCLUDE DATES, ACTION TAKEN AND RESULTS.
III. MEASURABLE IMPROVEMENTS/GOALS: (INCLUDE WELL-DEFINED EXPECTATIONS AND TIMEFRAMES, IF
PPROPRIATE. LIST TRAINING AND DIRECTION TO BE PROVIDED. )
IV. POSITIVEINEGATIVE CONSEOUENCES: (EXAMPLE: WHEN YOU MEET THE ESTABLISHED GOAL, PROBATION MAY
BE LIFTED -or- IF THIS ACTION OCCURS AGAIN, YOU MAY BE SUBJECT TO ADDITIONAL DISCIPLINARY ACTION.)
~ EMPLOYEE'S STATEMENT: (OPTIONAL)
VI. ACTION TAKEN: * Attach Personnel Action Form
o WRITTEN COUNSELING & INSTRUCTION
o SUSPENSION * DAYS
DExempt DNon-Exempt
o DISCIPLINARY DEMOTION *
o RECOMMENDATION TO TERMINATE EMPLOYMENT*
SUPERVISOR
DATE
DEPARTMENT DIRECTOR
DATE
HRG INITIALS DATE
DIRECTOR, HUMAN RESOURCES DATE
LABOR/EE RELS MGR DATE
Please refer to the Collier County Practices and Procedures, Discipline section #5351 for correct handling of this form.
* Employee should be advised of Suspension, Discharge or Disciplinary Demotion Appeal Process (CMA Instruction 5351, Part D)
EMPLOYEE (RECEIPT ACKNOWLEDGED)
DATE
DISCIPLINARY ACTION MUST BE DISCUSSED WITH AND APPROVED BY
HUMAN RESOURCES PRIOR TO COMMUNICATION WITH AFFECTED EMPLOYEE
Send Completed Form To Your Human Resources Generalist Immediately
Revised 02/2004
"Appendix A"
Agenda Item No. 16F3
October 24, 2006
Page 116 of 119
CMA# 5805
SUBJECT: Eligibility to Drive County Vehicles
Effective Date: October I, ]998 (Revised: Revised: October 1,2003)
A. PURPOSE: The purpose of this instruction is to provide specific criteria to employees
and supervisors regarding the eligibility of employees, new hires, and volunteers to operate
County-owned motor vehicles. The goal of this policy is to identify drivers with adverse driving
records in order to prevent losses from occurring and to preserve the County's defensive position
should litigation occur.
B. BACKGROUND: The County Manager's Agency operates in excess of 450
automobiles at any given time. It is the policy of the Agency to perform driver's license
background checks on all employees considered for hire and volunteers, and annual driver's
license background checks on current employees. Standards for acceptable driving have been
established within the Risk Management Department and are used as the basis for determining an
employee's acceptability to operate a county vehicle.
C. PROCEDURE: Employees, volunteers, and other persons who may be afforded the use
of a County vehicle shall be subject to the following standards. No employee shall be allowed to
drive a County vehicle without meeting the standards set forth in this section. Individuals who
may drive a County vehicle must possess the following:
a) A current, valid Florida Drivers License with full privileges (not
suspended or revoked).
b) A Florida Driver's License with a license class sufficient to cover the
vehicle being driven.
c) A driving record that meets County Driving Standards.
1. Driving Standards: Any employee who fails to meet the following standards
due to traffic offenses or accidents within the past three (3) years shall not be allowed to
drive a County vehicle. This three-year period shall run from the date of discovery of the
offense to either the date of conviction or the date of final disposition or date classified as
"Adjudication Withheld". "At-fault" shall mean that the employee was involved in an
infraction or accident while operating a motor vehicle and that the employee was cited
and convicted of the offense. "Adjudication Withheld" shall mean that the employee has
been cited with an offense and a fine has been assessed even though a conviction has not
been recorded. Offenses with a final record of "Adjudication Withheld" shall be
considered the same as an offense if a fine is assessed. The completion of Traffic School
or any other educational program by the employee shall not remove the offense from
consideration, even if points have been removed. These standards apply to moving
violations only and do not apply to offenses related to equipment or insurance violations;
however, employees whose licenses are suspended for insurance violations will not be
permitted to drive until their license is reinstated. These standards are as follows:
"Appendix B"
Agenda Item No. 16F3
October 24, 2006
Page 117 of 119
a) Any combination of at-fault accidents or movmg violations totaling
three.
b) One or more Serious Violations as outlined below.
c) Two at-fault accidents involving county vehicles in three years.
2. Serious Violations:
a) Driving under suspension, cancellation, or revocation of a license.
a) Failure to stop and render aid during an accident involving injury/death.
b) Failure to stop and report an accident
d) False accident report/perjury.
e) Fleeing or eluding police.
c) Homicide, manslaughter, or assault with a motor vehicle.
d) Leaving the scene of an accident.
f) Obstructing an officer.
g) Reckless driving.
e) Refusal to comply with a lawful police/fire department order.
f) Illegal possession of alcohol or drugs.
h) Illegal activity with a motor vehicle.
i) Permitting unauthorized operator to drive.
g) Refusal to submit to chemical test.
h) Unlawful use or display of a license.
3. Driving Under the Influence: Employees convicted of driving under the
influence shall be suspended from driving county vehicles until such time as their
regular, valid drivers license is restored or for a period of six months which ever
is longer. A work permit does not constitute a regular, valid drivers license.
Driving Under the Influence charges which are pled to a lesser charge such as
Reckless Driving shall be considered as the same offense for the purposes of this
provision. Employees convicted of driving under the influence shall also be
required to complete a state approved driver training program and shall present
such proof to restore eligibility. However, an employee whose driving record
contains a conviction for driving under the influence plus any other moving
"Appendix B"
Agenda Item No. 16F3
October 24, 2006
Page 118 of 119
violation shall have their driving privileges suspended until such time as all
violations exceed three years from the conviction date.
4. Accidents Involving County Vehicles: Employees who are involved in a
serious accident involving a county vehicle and are found to be at-fault may have their
driving privileges revoked regardless of their overall driving record. A serious accident
includes first or third party property damage, which exceeds $25,000 or bodily injury to a
third party, which exceeds $50,000, or any combination thereof, which exceeds $75,000.
The Risk Management Director or hislherdesignee shall make a recommendation to the
County Manager to revoke the employee's driving privileges. Revocation of privileges
will be effective upon the County Manager's approval ofthe recommendation.
5. Motor Vehicles Record Checks: The Human Resources Department shall
obtain a Motor Vehicle Driving Record on applicants being considered for employment
(new employees) with Collier County. The standards within this Code shall be used as
the basis for evaluating an applicant's eligibility for employment based upon their driving
record.
In addition to this initial driving background check, the Risk Management Department
shall request a Motor Vehicle Driving Record on every current employee at least once
each year. Written notice regarding the finding of an unacceptable driving record will be
forwarded to the current employee's Supervisor and the Human Resources Department.
No notice will be sent regarding those persons whose driving records are acceptable.
6. Supervisor Responsibility: A Supervisor shall notify the Risk Management
Department and Human Resources Department as soon as he/she become aware that an
employee under his/her supervision does not meet the requirements of this policy. A
Supervisor who is aware that an employee does not meet these standards shall not allow
that person to drive a County vehicle. Supervisors shall be responsible for enforcing the
prohibition of a driving privilege. Supervisors shall have the option of placing affected
employees in a non-driving capacity. Additionally, Supervisors shall be responsible to
report to the Human Resources Department an employee's failure to meet acceptable
driving standards.
7. Administrative Proceedings: Employees who fail to meet the driving standards
as outlined in this Instruction may face administrative disciplinary proceedings in
addition to the loss of their driving privileges. Employees who are required to drive as
part of their employment may be subject to transfer to a non-driving position, demotion,
or termination depending upon the availability of alternative positions and/or other
circumstances pertaining to their loss of driving privilege. Such determination shall be
made by the employee's supervisor in cooperation with the Human Resources
Department and pursuant to Human Resources Practices and Procedures or other
applicable Administrative Code(s).
The County Manager shall have the authority to make exceptions to the standards
contained within this Code and/or their consequent administrative remedies on a case- by
-case basis. Requests for such an exception shall be made in writing by the employee
and/or the employee's supervisor and shall be copied to the Risk Management Director
and the Human Resources Director. The County Manager may also make exceptions
which exceed the standards of this policy.
"Appendix B"
Agenda Item No. 16F3
October 24,2006
Page 119 of 119
8. Reinstatement of a Driving Privilege: The privilege to drive a County vehicle
shall be reinstated at such time as the affected current employee's driving record meets
the standards as set forth in this policy. The Risk Management Department shall review
as necessary the records of those current employees prohibited from driving County
vehicles and shall notify the Supervisor of the current employee and the Human
Resources Department at the time such driving privileges are reinstated.
D. CURRENCY: The Risk Management Department is responsible for maintaining the
currency of this Instruction.
E. REFERENCE: Collier County Personnel Ordinance, Ordinance No. 2001-50:
The County will provide a policy for specific practices and procedures for the enforcement of the
safe operation of county vehicles. Further, this policy will establish procedures for employees to
formally acknowledge and accept responsibility for operating County motor vehicles.
"Appendix B"
Agenda Item No. 16F4
October 24,2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommend Approval of Change Order # 2 for Contract # 03-3538 with
Evans Klages, Inc. for research services in the amount of $12,000 and
authorizing the County Manager or his designee to execute Change Order # 2
after approval by the County Attorney's Office
OBJECTIVE: Approval of a Change Order to add additional funds for expanded focus group
research to better define the opinions of our customers on new creative approaches.
CONSIDERA TIONS: On July 25, 2003, the Board awarded a four year contract to Evans
Klages, Inc. We are in the fourth year of the contract and the contract will be resolicited next
year. We have exercised the renewal each year of the contract. Last year we added some
additional research projects that were covered by Change Order #1 in the amount of $33,000.
Change Order #2 is for an additional $12,000 for expanded focus group research to better define
the buying habits and creative preferences for our customers.
,-
ADVISORY COMMITTEE RECOMMENDATIONS: The Tourist Development Council
will discuss this change order at their October 23, 2006 meeting.
COUNTY ATTORNEY FINDING: Research expenditures are an acceptable expenditure of
tourist development funds per FS 15.0104. County Attorney has approved the change order for
form and legal sufficiency.
FISCAL IMPACT: Funding for this additional expenditure is included in the approved FY 07
Tourism Department Budget in Fund 184.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: Approve Change Order # 2 to Contract # 03-3538 with Evans Klages,
Inc. in the amount of$12,000 for additional research services and authorize the County Manager
or his designee to execute Change Order # 2.
PREPARED BY:
Jack Wert, Tourism Director
~
Agenda Item No. 16F4
October 24, 2006
Page 2 of7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16F4
Recommend Approval of Change Order # 2 for Conlract # 03-3538 with Evans Klages, Inc
for visitor research services In the amount of $12,000 and authorizing the County Manager or
his designee to execute Change Order # 2 after approval by the Counly Attorneys Office
10/24/20069:00:00 AM
Item Number:
Item Summary:
Prepared By
Jack Wert
Tourism Director
Date
County Manager's Office
Tourism
10/12/20064:55:13 PM
Approved By
Lyn Wood
PurChasing Agent
Dafe
Administrative Services
Purchasing
10/13/200610:04AM
App roved By
Steve Carnell
Purchasing/General SVC5 Director
Date
Administrative Services
Purchasing
10/13/200610:11 AM
Approved By
Jack Wert
Tourism Director
Date
County Manager's Office
Tourism
10/13/200610:49 AM
App roved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/13/200611:48 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10116/20068:31 AM
Approved By
..lames V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10118/200611 :55 AM
Agenda Item No. 16F4
October 24, 2006
Page 3 of 7
Date: 10/13/06 E-Mailed To Bonnie:
Project Name: Tourism ~evelopment Council Research Services
I
Project Number: I
:3'35381
PO#:
4500070713
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.J<> htt!- fOf7- ~
~ VfLb{ pi
oP~.
BIDIRFP #:
Mod#:
Work Order Ntimber:
I
Contractor/Consultant:
:Evans Klages, Inc.
,
I
Original Contract Amount:
Current BCC APlroVed Amount:
I i
I '
Current Contract I Amount:
$ 75,000.00
(Starting Point)
$_108,000.00
(Last Total Amount Approved by the BCe)
$ 108,000.00
(Including All Changes Prior To This Modification)
Change AmOuntl ~. $ 12,000.00
Revised contractIW1! .'" On! Amou'''' 120.000.00
{Including This Change Order)
I
Value of Changes to this CQntractlWork Order: L- 45,000.00
Percentage Of e Change rerlUnder Current Contract Amount: _11.1 %
i ~
I
Overview of change: To prqvide for Focus Group Research in order to better define the opinions of the County's customers
relative to new, teative app in Tourism.
Contract SpecialIst: ~.... r1 ~ I f:~' ~v ~ Date: / oj / 3/0"
Scanned Date:j ~~3' /(.?
Data Entry Info+atiOn: I'
Type of Change:! CQntract
Project Manag;;Jr lack Wert' ,
Department: Tourism 1
Change CategO~ Type, Circ One Below:
1. Planned or El~tive
2. Unforeseen dmditions
3. Quantity Adj~stments
4. Correction Of~rs
5. Value Added
6. Schedule Adj ents
, , "1'
, !
, 'i"
Revised 7/11' 5
~..~
Agenda Item No. 16F4
October 24, 2006
Page 4 of 7
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
ment Council Research Service
2
J L '" 7v 1/3
pO#: '(5 (J (J () Work Order #:
CONTRACTOR/FIRM NAME: Evans-Kia es
S 75,000.00
(Starting Point)
S 108,000.00 .
(Last Total AmDunt Approved by the Bee)
$ 108.000.00
(fucluding All Changes Prior To This Modification)
$_12,000.00
Revised Con
ork Or r Amount:
$_120,000.00
(Including This 0Iange Order)
banges to this CODtractlWork Order: $_3:2,1 l_./JU ~ 0 OOD
Date of Last Be Approjl 1&'i6.'!M6" /0 /;J 5/6 5 Agenda Item # _.....-a- I&., r S-
Percentage of th change over/under current contract amount 11 , J 01.
Fonnula: (Revised ount ~. t aee approved amount)-1 "
Results and Adlons: C ntracta: If change exceec\$ 10% of the CUnllnt BCC amount, then BCC approval is required; equal 10 or less than 10%
reported tD ace by the rchasing rtment. CCNA Wor1t Orders; For all work orderS that .ltceed $90.000 where the change does not exceed 10%
or $10,000. these a", re by the Purchaalng Department to the BCC acIminiSnttveIy. CI'llIn08rs to theSe work orders ltIat exceed thOSe
threshoIda require prior Bce app I. NON-CCNA Wor1t Ordel'S: If the cIlange exceedl 10% of the current Bee amount, Ihen see approval is
reqUired. If in doubt.. co tact your co tract aPlldallst. For mOle apeclllc information regarding work order thresholda. please refer to the Procurement
Administration Procedu . Section .3.d.
CURRENT:
D CHANGE (S): Identify the changes. Additional increase to the followlno area:
Jack Wert. Lvn Wood. Evans-Klaaes
OMMENDATION: This form is to be signed and dated.
Revised 3/29/06
Agenda Item No. 16F4
October 24,2006
Page 5 of 7
Date: I~"/{) 6-
Date: / q// .y~
I
R~3/29/06
_I.,.....
Agenda Item No. 16F4
October 24,2006
Page 6 of 7
CHANGE ORDER
C
GE ORDER NO.
2
CONTRACT NO. 03-3538
BCC Date:
Agenda Item:
a.kA. E:vans - KIC\jt.S1 .J:r\f..
Tol ~~vo.n?~ ~\A...1U;/!nC..
405 North Reo Street
Suite 100
Tamoa, FL 33609
OAr: 1019106
PRpJECT NAME: Tourism Develooment Coundl Research Services
PRpJECT NO.:
unter our AGREEMENT dated October 28 ' 2003 .
You hereby are authorized and directed to make the following change(s) in accordance with
te s and conditions of the Agreement:
Pr osed Chan es: Additional Amount
Ta k 5 _ Focus Group Research - Three research groups to be held vs. four $12,000.00
tha were held previouSly. Two groups dedicated to pre and post creative concept
te ing and one group to include group meeting planners in Washington, DC.
Tis testing will be more in-depth and provide greater information detail.
TO AL OF ADDITIONAL BUDGET $12,000.00
FOR THE (Additive) Sum of: Twelve thousand dollars
($ 12.000.00
Original Agreement Amount $ 15.000.00
lsum of Previous Changes $ 33.000.00
IThiS Change Order (Add) $ 12.000.00
Present Agreement Amount . $ 120.000.00
The time for completion shall be (inCreased/decreased) by _0_ calendar days due to this
C nge Order. Accordingly, the Contract Time is now <-). calendar days. The
su stantial completion date is and the final completion date is . Your
a eptance of this Change Order shall constitute a modification to our Agreement and will be performed
su ~ect to all the same terms and conditions as contained in our Agreement indicated above, as fully as
if t e same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute
a \I and final settlement of any and all claims of the Contractor arising out of or related to the change
sa forth herein, including claims for impact and delay costs.
Agenda Item No. 16F4
October 24, 2006
'Page 7 of 7
i
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-.. i
10/11/2008 13:14 FAX
~003.
,2006
lZVOJ1S - t:I~l..S, Intl.. OWNER:
SOARO OF COUNTY COMMISSIONERS
~ COLLIER COUNtY, FLORIDA
. D!!P~RTMENT CIREQTOR
~~a.-~~ .
J' It, QUriSm Cll'*:tor
DIVISJON ACMINISTRATOR
By:
Jama V. Mudd, Oourriy Manager
.1
~proved As 'To Form
a~ I.aga/ SLdfkiency:
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CONTRAcr SPEClALJ~ . t1 .. .
By: ~ m . ##"- ~d,v.oG
. Lyn. Oed, Contract Spedalist
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POnt Name:
~t County Attorney
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WSjJnOl Ja!llO~ Wd9l;~ 900Z 'Ot.PO
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EXECUTIVE SUMMARY
Agenda Item No. 16F5
October 24,2006
Page 1 of 2
Recommendation that the Board of County Commissioners approves a budget
amendment transferring $302,800 from the Pelican Bay Irrigation and Landscaping
Capital Fund (322) to the Uninsured Asset Restoration Fund (133).
OBJECTIVE: To amend the Pelican Bay budget to reflect the recommendations of the Pelican
Bay Services Board and to be consistent with the FY 06 budget forecast developed during the
budget process.
CONSIDERATIONS: The adopted budget in Pelican Bay Uninsured Asset Restoration Fund
(133) included projected carryforward revenue of $1,196,200. This revenue was to be
transferred to the Pelican Bay Services Fund (109), in which water management and community
beautification functions are budgeted. One element of the projected carryforward revenue was
an operating transfer of $302,800 from the Pelican Bay Irrigation and Landscaping Capital Fund
(322) in FY 05. The transfer was not made during FY 05 resulting in a carryforward shortfall in
FY 06 in the Uninsured Asset Restoration Fund (133).
The FY 06 budget forecast in the Uninsured Asset Restoration Fund (133) reflects the need for
this transfer to take place in FY 06. However, there is no existing budget authority to allow this
transfer to occur.
,-.
FISCAL IMPACT: A budget amendment in the amount of $302,800 from the Pelican Bay
Irrigation and Landscaping Capital Fund (322) to the Uninsured Asset Restoration Fund (133) is
required. This action will make the amended FY 06 budoet consistent with the budoet forecast
reviewed and aporoved bv the Pelican Bav Services Board.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves a budget
amendment transferring $302.800 from the Pelican Bay Irrigation and Landscaping Capital
Fund (322) to the Uninsured Asset Restoration Fund (133).
Prepared by: Jean Smith, Pelican Bay Services Division
-
Agenda Item No. 16F5
October 24. 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F5
Recommendation that the Board of County Commissioners epproves a budget amendment
transfemng $302.800 from the Pelican Bay Irrigation and Landscaping Capital Fund (322) to
the Uninsured Asset Restoration Fund (133)
Meeting Date:
10/24/2006900:00 AM
Approved By
Michael Smykowskj
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
10/18/20061:42 PM
Approved By
James V _ Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/18/20063:55 PM
Agenda Item No. 16H1
October 24,2006
Page 1 of 3
-
EXECUTIVE SUMMARY
Commissioner request for Board approval for payment to attend function serving a valid
public purpose.
OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a
Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to resolution No. 99-410, the Board of County Commissioners
has determined that attendance at the functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
associations/organizations serves a valid public purpose, provided that said functions reasonably
relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTIONJEVENT: 18th Annual Southwest Florida Residential Development Snapshot - A
Naples-Centric Perspective, held at the Naples Elks Lodge 32010 in Naples, Florida on October
19,2006.
~
PUBLIC PURPOSE: Meet with leaders of development and other business communities to
review trends, influences, and future challenges of local residential development.
DATE OF FUNCTIONJEVENT: October 19,2006
FISCAL IMPACT: $65.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
resolution No. 99-410, approve reimbursement by the Clerk for meals provided to Commissioner
Frank Halas while serving a valid public purpose.
PREPARED BY: Sandra Lea, Executive Aide to BCC
,,-..
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16H1
October 24, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H1
CommIssioner Halas requests Board approval for reimbursement regarding attendance at a
functIon serving a valid public purpose. Attended the 18th Annual Southwest Flonda
Residential Development Snapshot on Thursday, October 19. 2006. at tile Naples Elks
Lodge #2010 In Naples, Florida $65.00 to be paid from Commissioner Halas' travel budget
10124120069:0000 AM
Date
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Bce Office
10/61200610:22 AM
Approved By
Date
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10111120069:16AM
Agenda Item No. 16H1
Oct 006
of 3
-r' t.~~~,~ f ~
~ h fl,:-" U ."V
~,(~i\ r,..tJ~M......' ~:"" . Ros~ \'t': )1~Int08h
~. "~H .~\ \~~ the Naples EIk4iJ Lodge #2010
\ ~ ,i'
80.. SCP
"ly 0,-: ;
COflt,~
The 18th Annual SouC.hwest Florida Residential
De-velopDlent Snapshot
A N aples.(;entri~ Perspe...ti-ve
Where we've been, Where we are, Where we are going...
Who's doing what...
Big Deals and Big Shots
Who were the winners, Who were the losers
Facts & Figures
Trends, Influences, Challenges and Events
~apl" Elk.~ Lodge #2010- 39'>0 Radio Road
Thursday, October 19, 2006
5:30pm Networking Reception & Buffet Dinner
6:30pm Presentation
Sponsored by
Gult~shore Life
'THE MAGAZINE OF SOUTHtWEST F:L.ORI[)A
SItI(; ~Iembers S45 COlA Members S.i.'i Non-Members S6a
and an UDftTUpped ..iff for (~hildren al1es .'iyrs.- 12 ,'n.
Price includes buffet dinner, program and handouts.
Please RSVP by Oct. 13th. Advanced registration is required!
For Dlore information. ..ue~tion.~ or to Rs\rp plea.4Jie ..all
Sltal,... at f239l436.61 00 or fax to C239}436-3878
Name:
Company:
Credit Card #:
Billing Zip:
Phone #:
Exp Date:
Agenda Item No. 16H2
October 24,2006
Page 1 of 4
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTIONJEVENT: Greater Naples Leadership Alumni Luncheon Seminar
.-
PUBLIC PURPOSE: To Speak before this group about Immokalee, Ave Maria
University and plight of migrant workers and the socio-economic infrastructure of
Immokalee.
DA TE OF FUNCTION/EVENT: December 4, 2006
FISCAL IMPACT: $15.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to
attend function serving a valid public purpose.
PREPARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: October 24,2006
-
Item Number:
Ilem Summary:
Meeling Dale:
Agenda Item No. 16H2
October 24, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H2
CommIssioner Coletta requests approval for reimbursement for attending a function serving a
valid public purpose. CommissIoner paid in advance to attend the Greater Naples Leadership
Luncheon Seminar on December 4, 2006 and is requesting reimbursement in the amount of
$1500, to be paid from his travel budget,
10124/2006 90000 AM
Date
Prep. red By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the BCe
BCC Office
101612006 9:40: 11 AM
Sue Filson
Date
App roved By
Board of County
Commissioners
Executive Manager to the BCe
Bce Office
10161200610:23 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10111/20069:14 AM
Agenda Item No. 16H2
October 24, 2006
Page 3 of 4
rosiak n
Location:
YOU ARE SPEAKER @ 12:20 (YOU HAVE 30 MIN. ON TOPIC IMMOKALEE TODAY VS
TOMORROW-effects of Ave Maria Univ. & town, plight of migrant workers,socio economic
infrastrucure) -Greater Naples Leadership Luncheon - R. Wayne Mullican, Chair
(239-435-0085)-$15.00
Community Room - 2nd floor of Northern Trust Bank - 375 5th Ave. South
Subject:
Start:
End:
Show Time As:
Mon 12/4/2006 11 :45 AM
Mon 12/4/2006 1 :30 PM
Out of Office
Recurrence:
(none)
See letter of invitation) Make check $15.00 payable to Northern Trust Bank.
R. Wayne Mullican
2278 Silver Palm Place
Naples, FL 34105
April 28, 2006
The Honorable Jim Coletta
Collier County Board of Commissioners
3301 Tamiami Trail East
Naples, FL 34112
Dear Commissioner Coletta:
Thank you very much for agreeing to speak at the Greater Naples Leadership Alumni Luncheon Seminar on Monday,
December 4, 2006. The luncheon will begin at 11 :45 a.m., and last until 1 :30 p.m. It will take place in the Community
Room on the second floor of Northern Trust Bank, which is located at 375 5th Avenue South. There will be approximately
70 people in attendance.
Lunch will begin at 12:00 noon and I will introduce you at 12:30. Your remarks should not exceed 30 minutes in order to
allow time for questions. The topic we selected for this day is "Immokalee Today versus Immokalee Tomorrow". We
would like your take on what effects Ave Maria University and town will have on Immokalee in the next five years. Can the
two towns co-exist? What will be the plight of the migrant workers? Is there a plan for the socio economic infrastructure of
Immokalee?
There is a charge of $15.00 for lunch and it is my understanding that you will pay for your own lunch as is required of
public officials. The check should be made payable to Northern Trust Bank.
I have made an appointment through your Administrative Assistant, Nancy Rosiak, to meet with you on Monday,
November 27, 2006 at 1 :30 p.m. for the purpose of introducing myself and to answer any questions you may have about
the luncheon and our topic. In the meantime, should you have any questions please do not hesitate to call me at 239
435-0085.
I look forward to seeing you on November 27, and being with you at our luncheon on December 4. I again wish to thank
you for putting this seminar on your busy calendar.
Sincerely,
R. Wayne Mullican
Chairman, Luncheon Seminars
1
PlJowd ofC(f~ C(f~ C(f~
3301 East Tamlami Trail · Naples. Florida 34112 - 4977
(239) 774-8097. Fax (239) 774-3602
Agenda Item No. 16H2
October 24, 6
Pa
Donna Fiala
District ,1
Frank Halas
District 2 .
Tom HennIng
District 3
F.red W. Coyle
District 4
Jim Coletta
District 5
October 2, 2006
/
Mr. Wayne Mullican
, Chairman, Luncheon Seminars
227.8 Silver Palm Place
Naples, FL 34105
Subject: Greater Naples Leadership Alumni Luncheon Seminar
. Dear Mr. Mullican:
Thank you for your invitation to join you on December 4,2006 to be a speaker at the
Greater Naples Leadership Alumni Luncheon Seminar. I am pleased that y.ou included
me in your invitation and by way of this letter am letting you know that I plan to attend.
Enclosed you will find my check for $15.00, made payable to Northern Trust Bank to
cover the cost of my lunch, per my "no gift policy" that doesn't allow me to accept gratis
lunches.
I'm looking forward to speaking before this wonderful group on the subject of ,
"lmmoka{ee Today versus lmmokalee Tomorrow" and the effects Ave Maria University
and town is predicted to have on Immokalee in the next five years. I will also be
prepared to address the plight of the migrant workers and the socio economic
infrastructure of Immokalee. I look forward to seeing you there.
r oletta, Vice Chairman
ommissioner, District 5
jimcoletta@colliergov.net
JC: nkr
End: Personal Check for $15.00
Agenda Item No. 16H3
October 24,2006
Page 1 of 3
,-
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTIONJEVENT: Blue Chip Recognition Breakfast
PUBLIC PURPOSE: To represent the County and honor those Blue Chip Awardees.
-
DATE OF FUNCTIONJEVENT: November 2,2006
FISCAL IMPACT: $10.00 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: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: October 24, 2006
-
Agenda Item No. 16H3
October 24, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H3
Meeting Date:
CommIssioner Coletta requests approval for reimbursement for attending a function serving a
valid public purpose. Commissioner paid In advance to attend the Blue Chip Recognition
Breakfast on November 2.2006 and is requesting reimbursement in the amount of $1000. to
be paid from his travel budget
10/241200690000 AM
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the BCe
Date
Bce Office
101612006 9:26:55 AM
Approved By
Sue Filson
Executive Manag~r to the Bee
Date
Board of County
Commissioners
BCC Office
10/61200610:21 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
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County Manager's Office
10/11120069:12 AM
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Agenda Item No. 16H4
October 24,2006
Page 1 of 4
-,
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTIONJEVENT: 2006 Citizen of the Year Banquet
-
PUBLIC PURPOSE: To honor the outstanding citizen of the year.
DATE OF FUNCTIONJEVENT: November 10,2006
FISCAL IMPACT: $35.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to
attend function serving a valid public purpose.
PREPARED BY: Nancy Rosiak, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: October 24, 2006
,-
Agenda Item No. 16H4
October 24. 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Ilem Number:
Ilem Summary:
15H4
Meellng Dale:
Commissioner Coletta requests approval for reimbursement for attending a function serving a
valid public purpose. Commissioner paid In advance to attend the CollIer Citizen of the Year
2006 Banquet on November 10, 2005 and IS requestrng reimbursement in the amount of
$35 00. to be paid from his travel budget
10124120069,0000 AM
Preps red By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the BCe
Date
BCC Office
101101200& 1 :21 :28 PM
Ap P roved By
Sue Filson
Executive Manager to the ace
Date
Board of County
Commissioners
BCC Office
10/11/20069:20 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10111/20069:29 AM
Agenda Item No. 16H4
October 24, 2006
Page 3 of 4
PlJoanI o/WoI/uw W~ W~
3301 East Tamiami Trail- Naples, Florida 34112.4977
(239) 774.8097 - Fax (239) 774-3602
Agenda Item No. 16H4
October 24,
Pa
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
October 2, 2006
Mrs. Kaydee Tuff
c/o Collier Citizen
53 Twelfth Street North
Naples, FL 34102
RE: 2006 Citizen of the Year Banquet
Dear Mrs. Tuff:
Thank you for your invitation to join you atthe 2006 Citizen ofthe Year Banquet on November
10,2006. I am pleased that you included me in your invitation and by way of this letter am
letting you know that I plan to attend, along with my wife Mary Ann.
I am enclosing herewith my personal check for $35.00 each, a total of $70.00 for Mary Armand
me.
I'm looking forward to this event and will see you there.
o etta, Vice Chairman
Commissioner, District 5 .
J. imcoletta@colliergov.net
JC: nkr
Encl: Personal Check $70.00
Agenda Item No. 16H5
October 24, 2006
Page 1 of 3
-
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTIONIEVENT: American Specialty Contractors of Florida Monthly Meeting
PUBLIC PURPOSE: To Speak before this group about affordable housing.
-
DATE OF FUNCTION/EVENT: October 12, 2006
FISCAL IMPACT: $35.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner 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: October 24, 2006
-
Agenda Item No. 16H5
October 24, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H5
Commissioner Coletta requests approval for reimbursement for attending a function serving a
valid public purpose Commissioner paid in advance to attend the American Specialty
Contractors of Florida monthly meeting where he was a speaker on October 12,2006 and is
requesting reimbursement in the amount of $35,00, to be paid from his travel budget
Meeting Date:
10/24/2006 9:0000 AM
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the Bee
Date
BCC Office
10110/20061 :46:55 PM
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
Dale
Bee Office
10/11/20069:19AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/11120069:34 AM
P1J~o/~~ ~~ ~~
3301 EastTamiami Trail- Naples. Florida 34112 - 4977
(239) 774-8097 - Fax (239) 774-3602
Agenda Item No. 16H5
October 24
Pa
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
October 2, 2006
Mr. Rod Stoneburner
Speaker Chair
American Specialty Contractors of Florida
1661 Trade Center Way, Suite 2
Naples, FL 34109
Dear Rod Stoneburner:
Thank you very much for inviting me to join you as a speaker on October 12, 2006 for the
American Specialty Contractors of Florida's monthly meeting.
I am pl.eased that you invited me and by way of this letter am letting you know that I plan to
attend and enclosing my check for $35.00 made out to AFCF, Inc. to cover the cost of my dimer,
due to my "no gift policy."
I'm looking forward to this event and will see you then.
r T'
onmussioner, District 5
JC:nkr
End: Personal Check for $35.00
Agenda Item No. 16H6
October 24,2006
Page 1 of3
,_....-......
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
FUNCTIONJEVENT: Naples Fishing Club Christmas Dinner
PUBLIC PURPOSE: Keynote Speaker
,-
DATE OF FUNCTIONJEVENT: December 19,2006
FISCAL IMPACT: $13.00 - 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: October 24,2006
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16H6
October 24, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H6
Commissioner Colelta requests approval for reImbursement for attending a function serving a
valid public purpose. Commissioner paid in advance to attend the Naples Fishing Club
Christmas Dinner as a Keynote Speaker on December 19, 2006 and is requesting
relnlbursemenlln the amount of $13.00, to be paid from his travel budget
10/24/2006 9:00:00 AM
Date
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the Bee
Bce Office
10111/20064:19:52 PM
Sue Filson
Date
Approved By
Board of County
Commissioners
Executive Manager to the BCe
Bee Office
10112/20068:51 AM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
10/12/20069:22AM
Agenda Item No. 16H6
October 24, 2006
Page 3 of 3
October 11, 2006
Mr. Larry Block
Block & Block, Inc.
18 Paddington Ct.
Naples, FL 34104
Subject: Naples Fishing Club Meeting
Dear Mr. Block:
Thank you for your invitation to join you at the Naples Fishing Club (NFC) Christmas
Dinner as your Keynote Speaker on December 19,2006. I am pleased that you included
me in your invitation and by way of this letter am letting you know that I plan to attend.
Because of my "no gift policy," enclosed you will fmd my check made out to Naples
Fishing Club in the amount of$13.00 to cover the cost of my dinner.
I'm looking forward to this speaking at this event and will see you then.
im Coletta, Vice Chairman
Commissioner, District 5
jimco letta@colliergov.net
JC: nkr
End: Personal Check for $13.00
Agenda Item No. 16H7
October 24,2006
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmenta~ educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Donna Fiala
FUNCTIONIEVENT: Marco Island Historical Society Site Dedication Welcome Back
Pig Roast
.-
PUBLIC PURPOSE: To participate in the Marco Island Historical Society Site
Dedication and Pig Roast event and network with area constituents.
DATE OF FUNCTIONIEVENT: Saturday, October 21,2006
FISCAL IMPACT: $15.00 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, October 24th, 2006
Agenda Item No. 16H7
October 24, 2006
Page 2 of3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H7
Meeting Date:
Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Attendad the Marco Island HlStoncal Soclaly Sita Dadication
Pig Roast on Saturday, October 21st, 2006 at the Marco Island Museum and History Center,
Marco Island. FL. $15.00 to ba paid from Commissioner Fiala's traval budget.
10/24120069:00:00 AM
Prepared By
Kendra Hastings
Board of County
Commissioners
Executive Aide to the BCe
Date
BCC Office
10/12/200610:33:39 AM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
BCC Office
10112/20063:42 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/12/20063:49 PM
---
Agenda Item No. 16H7
October 24, 2006
Page 3 of 3
Dinner TiCket $15.00, Beverage Ticket $1.00
Dinner TicketS limi-ted "to 150
~ by OCtOber 1, 2006 - mail checkS 'to
MIHS', 168 "RPYal Palm Drive, Marco ISland, FL 341lf5
or call 239-393-9168
AU -proceeds will benefit: 'the Museum Building Fund
Agenda Item No. 16H8
October 24,2006
Page 1 of 3
--
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethrlic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Donna Fiala
FUNCTIONJEVENT: SWFCEE Annual Dinner & Auction
.-.
PUBLIC PURPOSE: To participate in the Southwest Florida Council for
Environmental Education Annual Dinner event and network with constituents.
DA TE OF FUNCTIONJEVENT: Friday, November 17th, 2006
.
FISCAL IMPACT: $80.00 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, October 24th, 2006
-
Agenda Item No. 16H8
October 24, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Dale:
16H8
Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Will attend the Southwest Florida Council for Environment
Education Annual Dinner and Auction featuring the 2006 Environment Education Award of
Excellence on Friday. November 171h, 2006, at the Hyatt Regency Coconut POint, Bonita
Spnngs: $80 00 10 be paid from Commissioner Fiala's travel budget.
10/2412006 9.0000 AM
Ilem Number:
Ilem Summary:
Prepared By
Kendra Hastings
Board of County
Commissioners
Executive Aide to the Bee
Date
Bee Office
10/1212006 11 :23:20 AM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
Bce Office
10J1212006 3:41 PM
Approved By
James V, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/12120063:58 PM
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Agenda Item No. 16H9
October 24, 2006
Page 1 of 3
~
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Jim Coletta
FUNCTIONJEVENT: One By One Luncheon - Leadership Foundation of SouthWest
Florida
-
PUBLIC PURPOSE: To provide input for the betterment of the Collier County citizens
DATE OF FUNCTION/EVENT: October 12,2006
FISCAL IMPACT: $20.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner 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: October 24, 2006
-.
Agenda Item No. 16H9
Ociober 24, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H9
Meeting Date:
Commissioner Coletta requests approval for reimbursement for attending a function serVing a
valid public purpose. CommissIoner paid in advance to attend the One by One Luncheon on
October 12 2006 and IS requesling reimbursement in the amount of $2000, to be paid from
his travel budget
10/24/2006900:00 AM
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the Bee
Date
Bce Office
10/13120061:18:47 PM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
Bce Office
10/13/20061 :24 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/13/20063:34 PM
Agenda Item No. 16H9
October 24, 2006
Page 3 of 3
-----Original Message-----
From: ColettaJim
Sent: Sunday, October 08, 2006 9:38 PM
To: john lawson
Cc: rosiak_n
Subject: RE: Lunch
John
I would be honored. Of course I will have to pay for my own lunch.
See you then.
Jim
-----Original Message-----
From: john lawson [mailto: onebvone@mvcinoular.blackberry.net]
Sent: Friday, October 06, 2006 3: 35 PM
To: ColettaJim
Subject: Lunch
Jim,
Would you like to join some of our One by One friends for lunch at the
Vineyards Country Club noon on October 12th?
Let me know.
John Lawson
Sent via BlackBerry from Cingular Wireless
Agenda Item No. 16H10
October 24,2006
Page 1 of 6
--
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 (EDC) of Collier County
Industry and Opportunity Tour - Eastern Collier County
--
PUBLIC PURPOSE: To showcase the growth and business opportunities available in
Immokalee and the surrounding Town of Ave Maria and support growth through the
EDC in District 5
DATE OF FUNCTIONJEVENT: October 27,2006
FISCAL IMPACT: $20.00 - Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner 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: October 24,2006
-,
Agenda Item No. 16H10
October 24, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H10
Meeting Date:
Commissioner Coletta requests approval for reImbursement for attending a function serving a
valid public purpose. Commissioner paId in advance to attend the Economic Development of
Collier County Industry and Opportunity Tour - Eastern Collier County on Oclober 27. 2006.
2006 and IS requesting reimbursement in the amount of $20.00, to be paid from his travel
budget
1012412006 9:00:00 AM
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the Bee
Date
BCC Office
10/13120062:20:04 PM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
BCC Office
10/1312006 2:38 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10113120063:33 PM
Agenda Item No. 16H10
October 24, 2006
Page 3 of 6
From: Erica Cotto [mailto:erica@enaplesflorida.com]
Sent: Friday, October 13, 2006 11:03 AM
To: ColettaJim; fiala_d; CoyleFred; HalasFrank; henning_t
Subject: EDC Industry and Opportunity Tour 10-27-06
Commissioners,
Good morning!
I would like to invite each of you to attend the EDC Industry and Opportunity Tour on Friday,
October 27th. The tour will showcase the growth and business opportunities available in
Immokalee and the surrounding Town of Ave Maria. Presentations will be given by the
Immokalee Chamber of Commerce, Career and Service Center of Southwest Florida, Collier
Enterprises,and the CCM-Florida TradePort Masterplan. In addition, tours of models homes will
be given at Arrowhead Reserve, and a behind the scenes look into Ave Maria. We will also visit
two businesses in Immokalee, Salazar Machine and Steel, Inc., and the Training and
Manufacturing Institute.
Please review the attached agenda. If it peaks your interest please fax in the registration form to
263.6021. If you are not able to attend and would like to send someone from your staff we would
truly appreciate it.
Thank you,
Erica Cotto
Enterprise Development Manager
Economic Development Council of Collier County
3050 North Horseshoe Drive, Suite 120
Naples, FL 34104
Office: 239.263.8989
Cellular: 239.821.0719
em ail: erica(iVenaplesflorida.com
website: www.enaplesflorida.com
Founded in 1976. the Economic Development Coullcil of Collier County is a not~lor-profit organization
whose mission is 'To be an effective force in improving the quality of life for all people in Collier COUllty
by promoting economic del'elopmellt initiatives which will diversify the economy. create high-wage vall/e-
added jobs, increase the average wage, facilitate capital fonnation, preserve and enhance the natural
environment, and enable all cOl/nty residents to have a meaningful opportunityfor upward mobili(v
Agenda Item No. 16H10
October 24, 2006
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ECONOMIC DEVELOPMENT COUNCIL
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Economic Development Council of Collier County
Industry and Opportunity Tour - Eastern Collier County
October 27, 2006
9:45 am
Check-in at EDC. ~OSO N. Horseshoe Drive. Suite 120. Naples
Board bus at EDC office
9:30 am
10:00 am
Bus departs - Welcome & Brief tour overview
Erica Cotto, Enterprise Development Manager
Economic Development Council
En route
Rural Lands Stewardship Area Overview
Speaker TBD
WilsonMiller
10:50 am
Immokalee - A Vision for the Future
Richard Rice, Executive Director
lmmokalee Chamber of Commerce
11:15 am
Workforce Development Opportunities
Thais Kouman, Resource Room Coordinator
lmmokalee Career and Service Center
11:35 am
Growing Small Businesses
Dan Regelski, Director
Julio Estremera, Certified Business Analyst
Florida Gulf Coast Univeristy Small Business Development
11:50 am
Break
11: 55 am
Lunch
Arrowhead Reserve Residential Community
Tour of Community and Model Homes
En Route Silver Strand Business Park
Brian Goguen, Vice President of Real Estate
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Agenda Item No. 16H10
October 24,2006
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ECONOMIC DEVELOPMENT COUNCil
of Collier County, Florida
Crowing Creat Ideas
Barron Collier Companies
1:30 pm
Ave Maria - Behind the Scenes Tour
Brian Goguen, Vice President of Real Estate
Barron Collier Companies
2:30 pm
Florida Tradeport Masterplan
Jim Kenney, Airport Manager
Collier County Airport Authority
2:55 pm Salazar Maehinc & Steel, IneShovving Success - A Company Expands at
the Florida Tradeport
Pete Salazar III, President
Salazar Machine & Steel, Inc.
3:25 pm Training & Manufacturing IRstit1:lteSpec Building Development
Bob Juster, Chairman
Training & Manufacturing Institute
3:40 pillEn Route Depart for EDC The New Town of Big Cypress Ovcrvic',..,
Speaker TBD
Collier Enterprises
4:40 pm Arrive at EDC
This tour is brought to you by,;,
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Agenda Item No. 16H10
October 24,2006
Economic Development Council
of Collier County
EASTERN COLLIER COUNTY
INDUSTRY AND OPPORTUNITY TOUR
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ATTENDEE INFORMATION:
Na mes:
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Company Name: r!O//./€R (],ON7"",Y'
"Phone number: (iM) 7,71 '-1'~9 /
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Fax: 239-263-6021 - Phone: 239-263-8989 .., E-mail: erica@enaplesflorida.com
Economic Development Council of Collier County
3050 North Horseshoe Drive, Suite 120
Naples, Florida 34104
Agenda Item No. 1611
October 24,2006
Page 1 of 4
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
October 24, 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) September 23,2006 through September 29,2006.
(2) September 30, 2006 through October 6, 2006
B. Districts:
(1) East Naples Fire Control and Rescue District: Final 2006-2007
General Fund Budget; Registered Office and Agent Letter;
~- Schedule of Regular Meetings and Workshops, FY 2006-2007;
District Map; Five Year Plan for 2006-2007; Audited Financial
Statements for FY ending September 2005.
(2) Immokalee Fire Control District: Monthly Meeting Schedule;
District Map.
(3) Heritaoe Greens Community Development District: Meeting
schedule FY 2007.
(4) Golden Gate Fire Control and Rescue District: FY 2006-2007
Budget; Description of Outstanding Bonds Letter; FY 2006-
2007 meeting schedule; District Map; Registered Office and
Agent Letter.
C. Minutes:
,-
(1) Golden Gate Estates Land Trust Committee: Minutes of July
24, 2006; Agenda of July 24, 2006; Agenda of September 25,
2006.
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\102406_misc_corr.doc
Agenda Item No. 1611
October 24, 2006
Page 2 of 4
(2) Collier County Public Vehicle Advisorv Committee: Agenda of
October 2, 2006; Minutes of September 11, 2006.
(3) Collier County Plannina Commission: Agenda of October 5,
2006.
(4) Golden Gate Community Center Advisorv Committee: Agenda
of September 6, 2006; Minutes of September 6, 2006.
(5) Environmental Advisory Council: Agenda of October 4, 2006;
Minutes of September 6, 2006.
(6) Collier County Citizens Corps Advisorv Committee: Minutes of
September 20,2006; Agenda of September 20,2006.
(7) Pelican Bav Services Division: Agenda of October 4, 2006;
Agenda of September 6, 2006; Minutes of September 6, 2006;
Statement of Revenues and Expenditures for Period Ending
September 27, 2006.
(a) Budaet Committee: Agenda and Minutes of September 6,
2006.
(8) Bia Cypress Basin Board of the South Florida Water
Manaaement District: Minutes of Workshop of August 3, 2006;
Minutes of June 30, 2006.
(9) Golden Gate M.S.T.U. Advisory Committee: Minutes of
September 12,2006; Agenda of October 10, 2006; Budget of
October 2005 through September 2006; Project Status Report.
(10) Forest Lakes Roadwav and Drainaae M.S.T.U. Advisory
Committee: Agenda of October 11,2006; Minutes of
September 13, 2006; Budget of October 2005 through
September 2006; Project Status Report.
(11) Collier County Library Advisory Board: Agenda of September
27, 2006; Minutes of June 28, 2006.
(12) Vanderbilt Beach M.S.T.U. Advisory Committee: Minutes of
September 14, 2006; Agenda of October 5, 2006; Tax Analysis
H:\DAT A\FRONT DESK - 2006\2006 Miscellaneous Correspondence\102406_misc_corr.doc
Agenda Item No. 1611
October 24, 2006
Page 3 of 4
of 2005 versus 2004; Annual Tax Analysis Report; Project
Status Report; Budget of October 2005 through September
2006.
(13) Lely Golf Estates M.S.T.U. Beautification Advisory Committee:
Agenda of October 19, 2006; Minutes of August 17, 2006;
Project Status Report; Budget of October 2005 through
September 2006.
(14) Radio Road Beautification M.S.T.U. Advisory Committee:
Minutes of September 19, 2006; Agenda of October 17, 2006;
Project Status Report; Budget of October 2005 through
September 2006.
(15) Immokalee Beautification M.S.T.U. Advisory Committee:
Agenda of October 18, 2006; Minutes of September 20, 2006;
Budget of October 2005 through September 2006; Project
Status Report.
(16) Emerqency Medical Services Advisory Council: Minutes of
September 27,2006.
(17) Conservation Collier Land Acquisition Advisory Committee:
Agenda of October 9, 2006; Minutes of September 11, 2006;
Minutes of June 12, 2006; Minutes of July 10, 2006.
(18) Productivity Committee: Agenda and Minutes of July 19, 2006;
Agenda and Minutes of August 16, 2006.
D. Other:
(1) Collier County Tax Collector: Summary of Tax Certificates of
1995 through 2004 as of September 29, 2006.
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\102406_misc_corr.doc
Agenda Item No. 1611
October 24, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
t611
Miscellaneous items to file for record with action as directed.
10/2412006 9:00-00 AM
Prepared By
Sam Tucker
Board of County
Commissioners
Executive Aide to the Bee
Date
BCC Office
10/12/2006 9:02:22 AM
Approved By
Sue Filson
Executiye Manager to the BCe
Date
Board of County
Commissioners
BCC Office
10/12/20069:36 AM
Approved By
James V. Mudd
Board of County
Commiss,oners
County Manager
Date
County Manager's Office
10/121200610:56 AM
Agenda Item No. 16K1
October 24, 2006
Page 1 of 19
-,
EXECUTIVE SUMMARY
Recommendation to authorize the making of Offers of Judgment to Respondent, Vision &
Faith, Inc., for Parcels 719, 919, 840, 940, 742, 942, 943 and 843 in the amount of $63,581.00 in
the lawsuit styled Board of County Commissioners v. Vision & Faith, Inc., et ai., Case No. 05-
1275-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal
Impact: $51,091.03, if offers accepted).
OBJECTIVE: Approve and authorize the making of Offers of Judgment pursuant to Section
73.032, Fla. Stat., to Respondent, Vision & Faith, Inc., in the total amount of $63,581.00 as full
compensation, excepting attorney's fees and costs, for the acquisition arising out of the
condemnation of Parcels 719, 919, 840, 940, 742, 942, 943 and 843 in Board of County
Commissioners v. Vision & Faith, Inc., et al., Case No. 05-l275-CA.
-
CONSIDERATIONS: On October 19, 2005, Collier County deposited $4,700 for Parcel 719,
$600 for Parcel 919, $2,900 for Parcel 840, $9,100 for Parcel 742, $300 for Parcel 940, $4,100 for
Parcel 942, $500 for Parcel 943 and $5,500 for Parcel 843 into the Court Registry (for a total of
$27,700), and acquired title to the parcels in accordance with the Order of Taking entered on
October 5, 2005. The subject parcels are located east of CR 951 and north of Rattlesnake-
Hammock Road, within and adjacent to the current FPL utility easement. Parcels 719 and 742 are
temporary construction easements, Parcels 840 and 843 are access easements and Parcels 919, 940,
942 and 943 are utility easements for water lines and a well site.
Vision & Faith, Inc. has offered to settle the parcels for the following amounts: $15,073 for Parcel
719, $3,555 for Parcel 919, $14,457 for Parcel 840, $1,422 for Parcel 940, $24,225 for Parcel 742,
$10,665 for Parcel 942, $2,844 for Parcel 943 and $28,914 for Parcel 843. This equates to a total of
$101,155 for all parcels. These offers are based on a unit value of $237,000 an acre, which staff
feels is not justified. The Office of the County Attorney would like to make Offers of Judgment in
the total amount of $63,581.00, as full and reasonable compensation for the property taken,
including interest and all damages. See the attached individual Offers of Judgment which specify
the sum for each parcel. The making of the Offers 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 not accepted and Respondent fails to recover more than
, the amount offered for each parcel, 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
Parcels 719, 919, 840, 940, 742, 942, 843,943
. Attorney's Fee
$ 35,881.00
TOTAL:
$ 15.210.03
$ 51.091.03
,-
Agenda Item No. 16K 1
October 24, 2006
Page 2 of 19
Attached are the proposed Offers of Judgment. Attorney's fees are mandated by 73.092, Fla. Stat.,
and are based on a percentage of the difference between the settlement amount and the original
offer (e.g., $63,581 - $17,490 x 33% = $15,210.03).
The Office of the County Attorney and staff believe these offers to be reasonable.
FISCAL IMPACT: Funds in the amount of $51,091.03 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.
GROWTH MANAGEMENT IMP ACT: This item is included in the 2005 Water Master Plan
update adopted by the Board of County Commissioners on June 6, 2006, item lOB, and will further
the goals and policies of the Collier County Growth Management Plan.
RECOMMENDA TION: That the Board of County Commissioners:
1. Approve and authorize service of the Offers of Judgment;
2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, should the
offers be accepted.
PREPARED BY: Ellen T. Chadwell, Assistant County Attomey
".,."",,,
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lIem Number:
lIem Summary:
Meeting Date:
Agenda 118m No. 16K1
Oclober 24, 2006
Page 3 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
RecommendatIOn to authorize the making of Offers of Judgment to Responden!, Vision &
Faith. Inc. for Parcels 719. 919, 840, 940. 742, 942. 943 and 843 in the amount of
$63.58100 in the lawsuit styled Board of County Commissioners v Vision & Faith, Illc. at aI.,
Case No. 05-1275-CA (South County Regional Water Treatment Wellfield Project #70892)
(Fiscal Impact $51,091.03. if offers accepted).
10/24/20069:00:00 AM
Assistant County Attorney
Date
Prepared By
Ellen T. Chadwell
County Attorney
County Attorney Office
9/28120061:08:51 PM
Water Director
Date
Approved By
Paul Mattausch
Public Utilities
Water
9/2812006 1 :52 PM
Operations Director
Date
Approved By
Thomas Wides
Public Utilities
Public Utilities Operations
10/4120064:27 PM
Public Utilities Engineering Director
Date
Approved By
Roy 8, Anderson, P.E.
Public Utilities
Public Utilities Engineering
1016120065:14 PM
Approved By
Sr. Project Manager
Date
Porfirio E. Gramatges, P.E.
Public Utilities
Public Utilities Engineering
10/9/2006 8:28 AM
Public Utilities Administrator
Date
Approved By
James W. DeLony
Public Utilities
Public Utilities Administration
1019/2006 9:08 AM
Assistant County Attorney
Date
Approved By
Ellen T. Chadwell
County Attorney
County Attorney Office
1019/20069:20 AM
County Attorney
Date
Approved By
David C. Weigel
County Attorney
County Attorney Office
10/111200611:10 AM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
10111120062:43 PM
Susan Usher
Senior ManagemenUBudget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10113/20068:29 AM
Approved By
Management & Budget Director
Date
Michael Smykowski
County Manager's Office
Office of Management & Budget
10/13/20068:55 AM
Approved By
County Manager
Date
James V. Mudd
Board of County
Commissioners
County Manager's Office
10/13120069:37 AM
Agenda Item No. 16K1
October 24,2006
Page 4 of 19
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNrY, FLORIDA, as the Governing
Body of Collier County and as Ex-Officio Governing
Board of the Collier County Water-Sewer District,
Petitioner,
Case No. OS-127S-CA-CAE
v.
Parcel No.: 719
VISION & FAITH, INC., et aI,
Respondents.
I
OFFER OF JUDGMENT
TO: Vision & Faith, Inc.
c/o Brian P. Patchen, Esq.
Law Office of Brian P. Patchen
WOO Brickell Avenue, Suite 1112
Miami, FL 33131-3014
Petitioner, BOARD OF COUNfY COMMISSIONERS OF COLLIER COUNfY,
FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby
make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for
all compensation, including severance damages, business damages, costs to cure, together with
the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH,
INC, arising out of the taking of Parcel 719, in the total amount of Nine Thousand Three
Hundred Sixty-Five and NollOO Dollars ($9,365.00), for Parcel 719, which includes the amount
of $4,700.00 which was deposited pursuant to the Order of Taking dated October S, 200S.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does not include attorney's fees and costs.
Agenda Item No. 16K 1
October 24, 2006
Page 5 of 19
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be made available for the Respondent's review upon reasonable
notice of such a request.
Dated this
day of
,2006.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400 - Telephone
(941) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELI@
Florida Bar No. 983860
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment
has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000
Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of
,2006.
ELLEN T. CHADWELL
Agenda Item No. 16K1
October 24,2006
Page 6 of 19
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. 05-1275-CA-CAE
v.
Parcel No.: 843
VISION & FAITH, INC., et al,
Respondents.
I
OFFER OF JUDGMENT
TO: Vision & Faith, Inc.
c/o Brian P. Patchen, Esq.
Law Office of Brian P. Patchen
1000 Brickell Avenue, Suite 1112
Miami, FL 33131-3014
Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby
make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for
all compensation, including severance damages, business damages, costs to cure, together with
the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH,
INC, arising out of the taking of Parcel 843, in the total amount of Eighteen Thousand Three
Hundred and NollOO Dollars ($18,300.00), for Parcel 843, which includes the amount of
$5,500.00 which was deposited pursuant to the Order of Taking dated October 5, 2005.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does not include attorney's fees and costs.
Agenda Item No. 16K1
October 24,2006
Page 7 of 19
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be made available for the Respondent' 5 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
(941) 774-8400 - Telephone
(941) 774-0225 - Facsimile
BY:
ElLEN T. CHADWELL(jJ
Florida Bar No. 983860
ATTORNEY FOR PETITIONER
CERTIFICA TE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment
has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000
Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of
,2006.
ELLEN T. CHADWELL
Agenda Item No. 16K1
October 24,2006
Page 8 of 19
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. 05-1275-CA-CAE
v.
Parcel No.: 840
VISION & FAITH, INC., et al,
Respondents.
I
OFFER OF JUDGMENT
TO: Vision & Faith, Inc.
c/o Brian P. Patchen, Esq.
Law Office of Brian P. Patchen
1000 Brickell Avenue, Suite 1112
Miami, FL 33131-3014
Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby
make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for
all compensation, including severance damages, business damages, costs to cure, together with
the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH,
INC, arising out of the taking of Parcel 840, in the total amount of Nine Thousand One
Hundred Fifty and No/loo Dollars ($9,150.00), for Parcel 840, which includes the amount of
$2,900.00 which was deposited pursuant to the Order of Taking dated October 5, 2005.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does not include attorney's fees and costs.
Agenda Item No. 16K1
October 24, 2006
Page 9 of 19
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be made available for the Respondent's review upon reasonable
notice of such a request.
Dated this
day of
,2006.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400 - Telephone
(941) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL(f)
Florida Bar No. 983860
ATTORNEY FOR PETITIONER
CERTIFICA TE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment
has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000
Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of
,2006.
ELLEN T. CHADWELL
Agenda Item No. 16K1
October 24,2006
Page 10 of 19
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. 05-1275-CA-CAE
v.
Parcel No.: 942
VISION & FAITH, INe., et aI,
Respondents.
/
OFFER OF JUDGMENT
TO: Vision & Faith, Inc.
c/o Brian P. Patchen, Esq.
Law Office of Brian P. Patchen
1000 Brickell Avenue, Suite 1112
Miami, FL 33131-3014
Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby
make this binding offer of judgment in this action to Respondent, VISION & FAITH, INe., for
all compensation, including severance damages, business damages, costs to cure, together with
the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH,
INC, arising out of the taking of Parcel 942, in the total amount of Six Thousand Seven
Hundred Fifty and NollOO Dollars ($6,750.00), for Parcel 942, which includes the amount of
$4,100.00 which was deposited pursuant to the Order of Taking dated October 5,2005.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does not include attorney's fees and costs.
Agenda Item No. 16K1
October 24, 2006
Page 11 of 19
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be made available for the Respondent's review upon reasonable
notice of such a request.
Dated this
day of
, 2006.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400 - Telephone
(941) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL tB
Florida Bar No. 983860
ATTORNEY FOR PETmONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment
has been furnished by u.s. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000
Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of
,2006.
ELLEN T. CHADWELL
Agenda Item No. 16K1
October 24, 2006
Page 12 of 19
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. 05-1275-CA-CAE
v.
Parcel No.: 742
VISION & FAITH, INC., et al,
Respondents.
/
OFFER OF JUDGMENT
TO: Vision & Faith, Inc.
c/o Brian P. Patchen, Esq.
Law Office of Brian P. Patchen
1000 Brickell Avenue, Suite 1112
Miami, FL 33131-3014
Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby
make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for
all compensation, including severance damages, business damages, costs to cure, together with
the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH,
INC, arising out of the taking of Parcel 742, in the total amount of Fifteen Thousand Sixty-Six
and NollOO Dollars ($15,066.00), for Parcel 742, which includes the amount of $9,100.00 which
was deposited pursuant to the Order of Taking dated October 5, 2005.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does not include attorney's fees and costs.
Agenda Item No. 16K1
October 24,2006
Page 13 of 19
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be made available for the Respondent's review upon reasonable
notice of such a request.
Dated this
day of
,2006.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400 - Telephone
(941) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL @
Florida Bar No. 983860
ATTORNEY FOR PETmONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment
has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000
Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of
, 2006.
ELLEN T. CHADWELL
Agenda Item No. 16K1
October 24,2006
Page 14 of 19
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. OS-1275-CA-CAE
v.
Parcel No.: 919
VISION & FAITH, INC., et aI,
Respondents.
/
OFFER OF JUDGMENT
TO: Vision & Faith, Inc.
c/o Brian P. Patchen, Esq.
Law Office of Brian P. Patchen
1000 Brickell Avenue, Suite 1112
Miami, FL 33131-3014
Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby
make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for
all compensation, including severance damages, .business damages, costs to cure, together with
the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH,
INC, arising out of the taking of Parcel 919, in the total amount of Two Thousand Two
Hundred Fifty and NollOO Dollars ($2,250.00), for Parcel 919, which includes the amount of
$600.00 which was deposited pursuant to the Order of Taking dated October 5, 2005.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does not include attorney's fees and costs.
Agenda Item No. 16K 1
October 24, 2006
Page 15 of 19
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be made available for the Respondent's review upon reasonable
notice of such a request.
Dated this
day of
,2006.
OAACEOFTHECOUNTYATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400 - Telephone
(941) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL ci3
Florida Bar No. 983860
ATTORNEY FOR PETITIONER
CERTIFICA TE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment
has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., WOO
Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of
,2006.
ELLEN T. CHADWELL
Agenda Item No. 16K1
October 24,2006
Page 16 of 19
IN THE CIRCillT COURT OF THE TWENTIETH JUDICIAL CIRCillT
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. 05-1275-CA-CAE
v.
Parcel No.: 940
VISION & FAITH, INC., et aI,
Respondents.
/
OFFER OF JUDGMENT
TO: Vision & Faith, Inc.
c/o Brian P. Patchen, Esq.
Law Office of Brian P. Patchen
1000 Brickell Avenue, Suite 1112
Miami, FL 33131-3014
Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby
make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for
all compensation, including severance damages, business damages, costs to cure, together with
the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH,
INC, arising out of the taking of Parcel 940, in the total amount of Nine Hundred and No/tOO
Dollars ($900.00), for Parcel 940, which includes the amount of $300.00 which was deposited
pursuant to the Order of Taking dated October 5, 2005.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does not include attorney's fees and costs.
Agenda Item No. 16K1
October 24, 2006
Page 17 of 19
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be made available for the Respondent's review upon reasonable
notice of such a request.
Dated this
day of
,2006.
OFFICE OF THE COUNTY A ITORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400 - Telephone
(941) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL Qk.J
Florida Bar No. 983860
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment
has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000
Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of
, 2006.
ELLEN T. CHADWELL
Agenda Item No. 16K1
October 24,2006
Page 18 of 19
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. OS-1275-CA-CAE
v.
Parcel No.: 943
VISION & FAITH, INC., et aI,
Respondents.
/
OFFER OF JUDGMENT
TO: Vision & Faith, Inc.
c/o Brian P. Patchen, Esq.
Law Office of Brian P. Patchen
1000 Brickell Avenue, Suite 1112
Miami, FL 33131-3014
Petitioner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby
make this binding offer of judgment in this action to Respondent, VISION & FAITH, INC., for
all compensation, including severance damages, busines~ damages, costs to cure, together with
the value of the taking, statutory interest, and any other claims of Respondent, VISION & FAITH,
INC, arising out of the taking of Parcel 943, in the total amount of One Thousand Eight
Hundred and NollOO Dollars ($1,800.00), for Parcel 943, which includes the amount of $500.00
which was deposited pursuant to the Order of Taking dated October S, 200S.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer does not include attorney's fees and costs.
Agenda Item No. 16K1
October 24,2006
Page 19of19
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be made available for the Respondent's review upon reasonable
notice of such a request.
Dated this
day of
,2006.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400 - Telephone
(941) 774-0225 - Facsimile
BY;
ELLEN T. CHADWELIW
Florida Bar No. 983860
ATTORNEY FOR PETITIONER
CERTIFICA TE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment
has been furnished by U.S. Mail, to: Vision & Faith, Inc., c/o Brian P. Patchen, Esq., 1000
Brickell Avenue, Suite 1112, Miami, FL 33131-3014, on this _ day of
,2006.
ELLEN T. CHADWELL
Agenda Item No. 16K2
October 24,2006
Page 1 of 9
.-
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment for Parcel Nos. 138 & 139 in the
lawsuit styled CC v. Ronen Graziani, et aL, Case No. 06-0548-CA (Santa Barbara Boulevard
Project No. 62081). (Fiscal Impact $40,300.00)
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final
Judgment for payment of full compensation, expert fees and costs, for the taking of Parcel Nos.
138 and 139 in the lawsuit styled CC v. Ronen Graziani, et ai., Case No. 06-0548-CA (Santa
Barbara Boulevard Project No. 62081).
CONSIDERA TIONS: Prior to suit, staff offered the Respondent, First Baptist Church of
Golden Gate, Inc., $220,000. After meeting with the church and learning of its pending plan
amendment, a revised offer of $319,500 was made. The County acquired the subject property by
entry of an Order of Taking and by depositing the sum of $297,200. The County and
Respondent have negotiated the proposed settlement of $329,500 as full compensation for the
taking of Parcel Nos. 138 and 139. In addition, the settlement provides for payment of attorney's
fees and appraisal fees and costs in this case.
If approved, the County will pay the following costs:
.-
· Additional Compensation:
· Appraisal Fees:
· Negotiated Attorney's Fees*:
TOTAL
$32,300.00
$ 5,000.00
$ 3.000.00
$40,300.00
*The Respondent has waived statutory attorney's fees which would have exceeded the $3,000
agreed upon.
Attached is the Stipulated Final Judgment.
FISCAL IMPACT: Funds in the amount of $40,300.00 are available in the FY 2007 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 Stipulated Final Judgment as to Parcel Nos. 138 and l39;
2. Approve the expenditure of funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
06-0548-CAl142
,-.
Item Number:
Item Summary:
Meeting Date:
Agenda Ilem No. 16K2
October 24, 2006
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Recommendation to approve a Stipulated Final Judgmenl tor Parcel Nos. 138 & 139 in the
lawsuit styled CC v. Ronen Graziani. et aI., Case No. 06-0548-CA (Santa Barbara Boulevard
Project No. 62081). (Fiscal Impact $40.300.00)
10124/20069:0000 AM
Assistant County Attorney
Date
Prepared By
Ellen T. Chadwell
County Attorney
County Attorney Office
10/10/20061:44:28 PM
Norm E. Feder, A1CP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
10/10/20061:51 PM
Lisa Taylor
Management/Budget Analyst
Date
Approved By
Transportation Services
Transportation Administration
10/10/20063:58 PM
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Approved By
Transportation Services
TECM-ROW
10/10/2006 4: 12 PM
Najeh Ahmad
Director
Date
Approved By
Transportation Services
Transportation Engineering &
Construction Management
10/11/20061:51 PM
Ellen T. Chadwell
Assistant County Attorney
Date
Approved By
County Attorney
County Attorney Office
10111120062:11 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
10/11/20064:55 PM
David C. Weigel
County Attorney
Date
Approved By
County Attorney
County Attorney Office
101121200611:38AM
OMS Coordinator
Administrative Assistant
Date
App roved By
County Manager's Office
Office of Management & Budget
10/12120062:58 PM
Susan Usher
Senior ManagemenUBudget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/13120068:35 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10/13/20069:39 AM
Approved By
James V. Mudd
Soard of County
Commissioners
County Manager
Date
County Manager's Office
10/16/2006 12:06 PM
Agenda Item No. 16K2
October 24, 2006
Page 3 of 9
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,
v.
Case No. 06-0548-CA
RONEN GRAZIANI, et aI.,
ParceI(s): 138, 139
Respondents.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by
Petitioner, COLLIER COUNTY, and Respondent, FIRST BAPTIST CHURCH OF GOLDEN
GATE, INC. (hereinafter "FIRST BAPTIST"), by and through their undersigned counsel, for
entry of a Stipulated Final Judgment as to Parcels 138 and 139, 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 Respondent, FIRST BAPTIST, and the Court
being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondent FIRST BAPTIST have and recover from
Petitioner the sum of Three Hundred Twenty Nine Thousand Five Hundred and NollOO
Dollars ($329,500.00) for Parcels 138 and 139, inclusive of the good faith estimate of value of
$297,200.00 deposited by Petitioner, as full payment for the property interests taken and for
damages resulting to the remainder, if less than the entire property was taken, and for all other
damages in connection with said parcels; it is further
1
Agenda Item No. 16K2
October 24,2006
Page 4 of 9
ORDERED that Respondent, FIRST BAPTIST, receive from Petitioner as a reasonable
attorney's fee the sum of Three Thousand and NollOO Dollars ($3,000.00); it is further
ORDERED that Respondent, FIRST BAPTIST, receive from Petitioner as a reasonable
appraisal fee the sum of Five Thousand and No/tOO Dollars ($5,000.00); it is further
ORDERED that Petitioner shall pay, within thirty (30) days hereof, the total sum of
Forty Thousand Three Hundred and No/tOO Dollars ($40,300.00) made payable to Kim
Charles Hornbach, Esq., Trust Account, c/o Kim Charles Hornbach, 5455 Jaeger Road, Suite B,
Naples, Florida 34109-5805, for disbursement of compensation and costs in accordance with this
order; it is further
ORDERED that title to Parcels 138 and 139, perpetual, non-exclusive road right-of-way,
drainage and utility easements, being more fully described in Composite Exhibit "A" and
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of
Taking dated July 18,2006, and the deposit of money heretofore made, is approved, ratified and
confirmed; it is further
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book 4014, Page 2954, et seq., of the Public Records of Collier County, Florida
be dismissed as to Parcel 138 and 139; and 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 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
2
Agenda Item No. 16K2
October 24, 2006
Page 5 of 9
ORDERED that Petitioner, upon proper application for the necessary permit, shall allow
the relocation of Respondent, FIRST BAPTIST's sign, which existed on Parcel 138 as of the
date of the taking, to a place as indicated on the drawing attached hereto as Exhibit "B," as long
as the sign is not located less than ten (10) feet from the western boundary of Parcel 138 (new
right-of-way line); 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, on this
day of _,2006.
Cynthia A. Ellis
Circuit Court Judge
Conformed copies to:
Ellen T. Chadwell, Asst. County Attorney
Kim Charles Hornbach, Esq.
Kevin Hendricks, TranslECMlROW A
Bookkeeping
3
Agenda Item No. 16K2
October 24,2006
Page 6 of 9
~10INT MOTION FOR STIPULATED FINAL JUDGMENT
WHEREFORE, Petitioner, COLLIER COUNTY, together with Respondent, FIRST
BAPTIST CHURCH OF GOLDEN GATE, INC., hereby respectfully move this Court for an
entry of the foregoing Stipulated Final Judgment as to Parcels 138 and 139.
Dated:
Dated:
ELLEN T. CHADWELL, ESQ.@'
Florida Bar No. 0983860
COUNTY ATTORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Phone
(239) 774-0225 - Facsimile
Attorney for Petitioner
KIM CHARLES HORNBACH, ESQ.
5455 Jaeger Road, Suite B
Naples, Florida 34109-5805
Attorney for Respondent,
FIRST BAPTIST CHURCH OF
GOLDEN GATE, INC.
(239) 592-9828 - Phone
(239) 596-0019 - Facsimile
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion
for Stipulated Final Judgment has been furnished via U.S. Mail to Kim Charles
Hornbach, Esq., 5455 Jaeger Road, Suite B, Naples, Florida, 34109-5805 on this
day of
,2006.
ELLEN T. CHADWELL
4
,
I.
I
Agenda Item No. 16K2
October 24, 2006
Page 7 of 9
"
.~
J.JO.OO' (PtAT)
1 107 107.1
SOUTH 150' NORTH 180'
OF mACT 107 OF TRACT 107
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2 PERPrnJAL.
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GOLDEN (W4 If' fS If'S UNIT- 30.
PLA T BOOK PAce 58
106
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PROPOSE()
R. O. W. VSEMCi
5
6
GOLDOI CAlf' UNIT 6.
PLAT BOOK S, PAG,ES 124-134
Ga.IJEN CAlF CITY UNIT 6. PLAT 800K ~ PAGES 124-131 BLOCK 225
lEGAL D€SlRIP71ON
BfJNG THE: ItES:T 54 mT OF THe CAST 107 FEET OF THf SOUTH 7Sf) FEET OF TRACT 101. COl.DCN GA7e
ESTA TES UNIT 30, Pl.A T BOOK 7. PA(;f 58. COl.UfR COUNTY. FLORIDA
CONTAINING 8.'100 SOUARE FEET MORE OR LESS.
SUBJECT TV EASEMENTS d: RESTRICTIONS OF RECORD.
EXHIBIT A
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Agenda Item No. 16K2
October 24,2006
Page 8 of 9
.,
107
SOUTH 150'
OF TRACT 107
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107.1
NORTH 180'
OF TRACT 107
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1
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COLDeN GArr CITY UNIT 6, PLAT BOOK 5, PAGfS 124-134 BLOCK 225
LEGAL DESCRIPTION .
BaNG T7-fE ItE'ST 54 FEET OF THE EAST 107 fEET. Of THE .NORT7-f 780 FeET OF TRACT 707, GCX.lJDI GA 1F
ESTA res UNIT 30, PLA r BOOK 7. PACE 58. COLLIER COUNTY. FLORIDA
1
3
4
5
CONTAINING 9,720 SQUARE FEET MORt OR LESS. . .
SUBJfCT' TO EASEMENTS &- RESTRfCnONS OF RECORO. .
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Agenda Item No. 16K3
October 24, 2006
Page 1 of 7
EXECUTIVESU~RY
Recommendation that the Board Ratify and Authorize the County Attorney's Retention of
Norman W. Thabit, an Expert Witness for the County in Dwieht E. Brock. Clerk of Courts v.
Collier County. Florida. Board of County Commissioners of Collier County. Florida. as Ex-
Officio Governine Board of The Ochopee Area Fire Control & Emereencv Medical Care
Special Taxine District. A/KIA The Ochopee Fire District: Linda T. Swisher and Paul W.
Wilson. - Case No. 04-941-CA consolidated with Board of County Commissioners of Collier
County. Florida vs. Dwieht E. Brock. Clerk of the Circuit Court of Collier County. Florida
Case Number 05-953-CA consolidated with Case No. 05-1506-CA; Exempt the County
Attorney from the Purchasing Policy if and to the Extent the Purchasing Policy is applicable
and Authorize the County Attorney to Sign any necessary Retention Documents
OBJECTIVE: For the Board to ratify and authorize the County Attorney's retention of an expert
witness to research and, as necessary and appropriate, provide testimony in regard to the above
pending litigations as to the following areas:
1.
2.
3.
~.
4.
5.
Constitutional and statutory authority under Chapter 125 relating to the Board of County
Commissioners;
Requirements to perform internal audit functions on another governmental agency;
Other government audit requirements relating to pre-audit, internal audit; Post audit as
described in the Florida Constitution for the Clerk and the Attorney General's Opinion
1986-38;
Government audit standards on Independence (June 2003 Comptroller General of the
United States); and
Component units of the primary government.
County Attorney requests an exemption from the Purchasing Policy, (Section VII. H.), if and to the
extent the Purchasing Policy is applicable, and authorize the County Attorney to sign any necessary
retention documents.
CONSIDERATIONS: The Clerk has retained a similar expert named Daniel O'Keefe. This
matter is set for trial to begin on November 27,2006.
Because of the extreme urgency of these matters and because it is in the best interests of the County,
the County Attorney's Office recommends the Board exempt it from following any potentially
applicable Purchasing Policy procedures. At this time, the County Attorney's Office recommends
the Board ratify and authorize the retention of Norman W. Thabit, CPA as an expert witness to
research and, as necessary and appropriate; provide testimony in regard to 1.) Constitutional and
statutory authority under Chapter 125 relating to the Board of County Commissioners; 2.)
Requirements to perform internal audit functions on another governmental agency; 3.) Other
government audit requirements relating to pre-audit, internal audit; Post audit as described in the
Florida Constitution for the Clerk and the Attorney General's Opinion 1986-38; 4.) Government
audit standards on Independence (June 2003 Comptroller General of the United States); and 5.)
Component units of the primary government. Mr. Thabit is a Certified Public Accountant and is an
,,-.-
1
Agenda Item No. 16K3
October 24,2006
Page 2 of 7
expert in this area. The retention agreement is attached hereto as Exhibit "A", and Mr. Thabit's
resume is attached hereto as Exhibit "B".
FISCAL IMPACT: Mr. Thabit's current hourly rate is $150.00 per hour when required to be in
attendance at court session, $200.00 an hour when testifying in open court and $l50.00 an hour for
review of documents as well as travel expenses, to include room, meals, tolls, and mileage in
accordance with Florida Statutes and rates established by the Collier County Board of County
Commissioners. A substantial number of hours are likely to be incurred. The costs for these fees
will be paid from the Risk Management's Property & Casualty Fund, Fund No. 516.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: Recommendation that the Board ratify and authorize the County
Attorney's retention of expert witnesses for the County in Dwight E. Brock. Clerk of Courts v.
Collier County. Florida. Board of County Commissioners of Collier County. Florida. as Ex-Officio
Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing
District, AIKIA The Ochopee Fire District: Linda T. Swisher and Paul W, Wilson. - Case No. 04-
94l-CA consolidated with Board of County Commissioners of Collier County. Florida vs. Dwight
E. Brock. Clerk of the Circuit Court of Collier County. Florida Case Number 05-953-CA
consolidated with Case No. 05-l506-CA; exempt the County Attorney from the Purchasing
Policy,(Section VII. H.), if and to the extent the Purchasing Policy is applicable and authorize the
County Attorney to sign any necessary retention documents.
PREPARED BY:
Jacqueline Williams Hubbard, Assistant County Attorney
,.."....,
2
Item Number:
Item Summlry:
Meeting Cite:
Agenda Item No. 16K3
October 24, 2006
Page 3 of 7
COLLIER COUNTY
BOARC OF COUNTY COMMISSIONERS
16K3
Recommendation that the Board Ratify and Authorize the County Attorneys Retention of
Norman W Thabit, an Expert Witness for the County in Dwight E Brock, Clerk of Courts v.
Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex-
Officio Governing Board of The Ochopee Area FIre Control & Emergency Medical Care
Special Taxing District, AIKIA The Ochopee Fire Dlstnct; Linda T SWisher and Paul W
Wilson. Case No. 04-941-CA consolidated with Board of County Commissioners of Collier
County, Florida vs. DWight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case
Number 05-953-CA consolidated with Case No. 05-1506-CA; Exempt the County Attorney
from the Purchasing Policy If and to the Extent the Purchasing Policy is applicable and
Authorize the County Attorney to Sign any necessary Retenllon Documents
10/24/2006900:00 AM
Assistant County Attorney
Date
Prepared By
Jacqueline W. Hubbard
County Attorney
County Attorney Office
10/12/20063:38:08 PM
David C. Weigel
County Attorney
Date
Approved By
County Attorney
County Attorney Office
10112120063:39 PM
OMB Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
1011212006 3:48 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
10/13120068:28 AM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
10/13/20068:52 AM
Agenda Item No. 16K3
October 24,2006
Page 4 of 7
~nan, ~i4 ?3~
2406 Key Largo Lane
Fort Lauderdale, Florida 33312
Phone (954) 581-0258
Fax (954) 584-9866
............!'!T!z.c:~i.~.~!:1@:1!:!I~.C?.'!:.t.~:.!!e.~...........
ENGAGEMENT LETTER
August 8, 2006
7671 Dat~~!Xc
From (YJ.t~
Co.
Jacqueline Williams Hubbard,
Assistant County Attorney
3301 East Tamiami Trail
Naples, Florida34112
Re: Board of County Commissioners of Collier County, Florida vs. Dwif!ht E. Brock,
Clerk of the Circuit Court orCollier Countv, Florida
Case Number 05-953-CA consolidated with Case No. 05-1506-CA
And
Dwif!ht E. Brock. Clerk of Courts ,\!, Collier County. Florida, Board of County
Commissioners of Collier County, Florida, as Ex-Officio Governinf Board orThe
Ochopee Area Fire Control & Emergencv Medical Care Special Toxin$! District,
A/K/A The Ochooee Fire District; Linda T. Swisher and Paul W. Wilson Case No.
04-941-CA
I am pleased to confirm my understanding of the services I am to provide for the
Collier County Attorney's Office as an expert witness pertaining to litigation
between the Collier County Clerk of the Circuit Court and the Collier County
Board of County Commissioners,
The services to be provided, if available, shall include a review of all documents
submitted to me from the County Attorney's Office, review of Florida Statutes as to
the Clerk's legal requirements and authority for auditing, review of AlCP A Audit
Standards and Government A udit Standards, review of Collier County's most
recent budget and External Audit Report, and any other related documents not
currently disclosed
Provide expert testimony related to the above subject matter upon proper
notification and request,
In consideration for the services rendered by N W. Thabit, CPA, (Consultant) the
feesfor the above services shall be asfallows:
One Hundred and Fifty ($150,00) an hour w hen required to be in attendance at
Aug 09 2008 9:58AM H.THABIT,CPA
=- _ ...~~....-l m
..~
iurGI-08 If 13411I FrDrCo11 ilr Cauntr AHDlnlY
..
Agenda Item No. 16K3
954-584-9888 October 2.p,..2lJ06
D....,..,... r:;i1i.f'.'
--IDII-.r .... ---
._JII
HUDEZ'
1-4DI P. DOJIoal F-IIT
r
Cr:nR't 8,,$8/011. Two Hrmdr<<d (SZOO. 00) D~UfU,f an 1J000r wh." rurt/Yt"8 in op.n
COIUI ,,,d , 1$0.00 an hOll.r for rMtIW af doC""""118,
Tnrwi "PfI'UU. to '"clud. 'oom, "..als. toll,. and millJlJge in accordance with
Flori. SttIfUtu and raru fl.rta~li:sh,d &y lh~ Coll',r COlmt)' BQard QfCt1Unry
Com",I$.io",,,.J. '
...." lrwoic, 6h,,1111, submtlTed Q,/t.r aU suvices have b..n ns"tUred b)J "N. w:
~611. ""....I_. ,Thu....m.nll. rJfOt:ttvc ~
m/tt:l1'lrIN. Jv. ""'bit, CPA Colli,,. County A.rt017lft)! .
,h"I.L-8f' S? . .:J.. C/O ~: Dare . O~ 'l-O ("
2
Agenda Item No. 16K3
October 24,2006
Page 6 of 7
9J{;JJla'll' (W/!!Ji;;6itj ?5{{P:!J!t
2406 Key Largo Lane
Fort Lauderdale, Florida 33312
Phone (954) 581-0258
Fax (954) 584-9866
NThabitCPA @Bellsollth.Net
PROFESSIONAL QUALIFICATIONS
N W THABIT CPA
DEPT. OF B USINESS AND
PROFESSIONAL REGULATIONS
CERTIFIED PUBLIC A CCOUN TANT/1978
LICENSE NO. AC-0006974
SOLE PRACTIONER
LICENSE NO. AD-0018227
EDUCA TION. MEMBERSHIPS, AND COMMITTEES
BBA/MARSHALL UNIVERSITY, HUNTINGTON, W VA.
MEMBER OF THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC
ACCOUNTANTS (AICP A)
LIFETIME MEMBER OF THE SOUTHEASTERN INERGOVERNMENTAL
AUDIT FORUM
CURRENTLY SERVING ON COMMITTEES WITH THE CITY OF FT
LA UDERDALE. FL:
A UDIT ADVISORY BOARD COMMITTEE
FIRE RESCUE BOND BLUE RIBBON COMMITTEE
EXPERIENCE
TITLE YEARS DATES OF SERVICE EMPLOYERS
Sole Proprietor 3 July 1, 2003/current Self Employed
Commission Auditor 23 Dec. 1 980/June 2003 Broward Co. Board of
County Commissioners
Asst. Commission
Auditor 2 July 1978/Dec. 1980 Broward Co. Board of
County Commissioners
Agenda Item No. 16K3
October 24, 2006
Page 7 of 7
Sr. Staff Auditor
State of Florida
13
1965/1978
Auditor General
State of Florida
PROFESSIONAL RESPONSIBILIES/SOLE PROPRIETOR
Assisting clients in response to audit findings by governmental agencies, conducting agreed upon
procedures for governmental entities, preparation of personal, partnerships, and corporation tax
returns, and other financial matters on investments and insurance.
PROFESSIONAL RESPONSIBILITIES FOR
BROW ARD COUNTY
Provided financial oversight for Broward County with an annual budget of two billion plus
dollars. Responsibilities included conducting audits, reviews, and monitoring governmental
revenues, expenditures and budgets. Monitoring activity included reviews of financial statements
of non profit agencies, enterprise funds, governmental funds, constitutional officer's financial
reports, and other agencies receiving funds from the County, as well as federal and state grants.
Written and verbal reports were provided to the commission on a routine and special basis.
Evaluations were made on a continuous basis of internal controls (administrative and fmancial),
expenditures, contracts, personnel, assets, and other related matters.
Compliance with state laws, county rules, regulations, ordinances, policies and legal opinions
were examined as related to audits, revenues, expenditures, assets, and liabilities.
PROFESSIONAL RESPONSIBILITIES FOR AUDITOR GENERAL
Conducted financial and compliance audits of State Agencies, Florida Atlantic University,
Broward Community College, Constitutional Officers, School Boards, etc. Audits included
examination of accounts and records in accordance with generally accepted governmental audit
standards in order to express an opinion on Financial Statements.
Agenda Item No. 17 A
October 24,2006
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve Petition A VESMT -2006-AR-9916-lmperial Wilderness
Storage Maintenance Parcel to disclaim, renounce and vacate the County's and the
Public's interest in a 400-foot long portion of a 65 foot wide drainage easement in the
West one-half of the Southwest Quarter of Section 12, Township 51 South, Range 26
East, Collier Cou nty, Florida.
OBJECTIVE:
To adopt a Resolution to vacate a 400-foot long portion of a 65 foot wide drainage easement in
the West one-half of the Southwest Quarter of Section 12, Township 51 South, Range 26 East,
Collier County, Florida.
CONSIDERATIONS:
Petition AVESMT-2006-AR-9916-lmperial Wilderness has been received by the Engineering
Services Department from Tim Johns, Manager, as agent for the petitioner, for Imperial
Wilderness Condominium Association.
_ Letters of no objection have been received from applicable divisions/entities.
FISCAL IMPACT:
Engineering Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner
which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact associated with this Executive Summary.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
LEGAL CONSIDERATIONS:
,-
The County Attorney's Office has reviewed and approved the Resolution and associated
legal documents.
Agenda Item No. 17 A
October 24, 2006
Page 2 of 6
RECOMMENDATIONS:
1. Adopt the Resolution for Petition AVESMT-2006-AR-9916-lmperial Wilderness Storage-
Maintenance Parcel to vacate a 40Q-foot long portion of a 65 foot wide drainage
easement in the West one-half of the Southwest Quarter of Section 12, Township 51
South, Range 26 East, 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: Stephen A. Higgins P.S.M., Engineering Services Department
.-""',......~
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 17 A
October 24, 2006
Page 3 016
17A
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members Recommendation to approve Petition AVESMT -2006-AR-9916-
Imperial Wilderness Storage Maintenance Parcel to disclaim. renounce and vacate the
Countys and the Publics Interest in that portion of a 65 foot wide drainage easement in the
West one-half of the Southwest Quarter of Section 12, Township 51 South. Range 26 East
Collier County, Flonda
10124120069:00:00 AM
Date
Prepared By
Stephen Higgins
Community Development &
Environmental Services
Surveyor
COES Engineering Services
9122/2006 9:43:26 AM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9/22120062:36 PM
Date
Approved By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
9/25/2006 8:01 AM
App roved By
Date
Thomas E. Kuck, P,E,
Community Development &
Environmental Services
COES Engineering Services Director
CDES Engineering Services
Approved By
10/4/20069:18 AM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services. Admin.
Date
10/10/200611:05 AM
OMB Coordinator
Date
App roved By
County Manager's Office
Administrative Assistant
Office of Management & Budget
10/11120062:38 PM
Mark Isackson
Date
Approved By
County Manager's Office
Budget Analyst
Office of Management & Budget
10/11/20063:13 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
10/11/20064:35 PM
WEST ONE-HALF
OF THE
SOUTHWEST QUARTER
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Page 4 of D
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EXHIBIT "A"
SKETCH AND DESCRIPTION OF A
DRAINAGE EASEMENT TO BE VACATED
PART OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
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PORTION OF 65' DRAINAGE
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SOUTH LINE OF SECTION 12
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PORTION OF 65' DRAINAGE EASEMENT TO BE VACATED
--------------------------------------------------------------------
A PORTION OF A DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1209,
PAGE 1057, SECTION 12, TO'WNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLO'WS'
THE SOUTHERLY 65 FEET OF THE EASTERLY 400 FEET OF THE 'WESTERLY 1,310 FEET
OF SAID SECTION 12.
CONTAINING ~~O OF AN ACRE OF LAND MORE DR LESS;
SUBJECT TO ~-SEMENTS AND RESTRICTIONS OF RECORD,
AGNoLI, BARB R &c BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS &c SURVEYORS AND MAPPERS
for:
A
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BY_________~~ _________________________
GUY p, ADAt'1S P.LS. NO, 4390
\ \ !pro ject:
IMPERIAL WILDERNESS IMPERIAL WILDERNESS
SKETCH AND DESCRIPTION OF PART OF SECTION 12, /date:
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AUG. 29, 2006
scale: book:
1 "= 1 00' page:
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title:
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CD D D D D RUNDAGE, INC.
Professional engineers, planners, & land surveyors
Collier County: Suite 200, 7400 T8.D1i8.D1i Trail. North; Naples. FL 34106 (239)597-3111
Lee County: 9990 Coconut Road. Suite 103. Bonita Sprinp. FL 34135 (239)948-6663
Certificate of Authorization Nos. LB 3664 and EB 3664
Fax: (239)566-2203
pro ject
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Agenda Item No. 17 A
October 24, 2006
Page 6 of 6
RESOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVESMT-2006-AR-9916,
DISCLAIMING, RENOUNCING AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN A 400-FOOT
LONG PORTION OF A 65 FOOT WIDE DRAINAGE
EASEMENT LOCATED IN THE WEST ONE-HALF OF THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA,
AND AS FURTHER DESCRIBED IN EXHIBIT 'A'.
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes,
Petitioner, Imperial Wilderness Condominium Association, has requested the
vacation of a 400-foot long portion of a 65 foot wide Drainage Easement located
in the West one-half of the Southwest Quarter of Section 12, Township 51 South,
Range 26 East, Collier County, Florida, specifically described in Exhibit 'A'; and
WHEREAS, the Board has this day held a public hearing to consider the
aforementioned vacation request, and notice of said public hearing was given as
required by law; and
WHEREAS, the granting of Petitioner's request will not adversely affect
the ownership or right of convenient access of the property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in the drainage easements as specifically described in Exhibit 'A' are hereby
vacated, extinguished, renounced and disclaimed, and this action is declared to
be in the Public's interest and for the Public's benefit.
BE IT FURTHER RESOLVED 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; to publish notice of adoption of this Resolution
within thirty (30) days of adoption; and to record such proofs of publication as
required by Section 336.10, Florida Statutes.
This Resolution adopted after motion, second and majority vote favoring
same, this day of , 2006.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form and legal
sufficiency:
By:
Jeff E. Wright
Assistant Collier County Attorney
Agenda Item No. 178
October 24,2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve Petition A VESMT -2006-AR-1 0083, The Rookery at Marco to
disclaim, renounce and vacate the County's and the Public's interest in a portion of a
fifteen-foot wide Collier County utility easement as recorded in O.R. Book 1664, Page
1963, Public Records of Collier County, Florida, and more specifically described in
Exhibit "A".
OBJECTIVE:
To adopt a Resolution to vacate all that portion of a fifteen-foot wide Collier County utility
easement as recorded in O.R. Book 1664, Page 1963, Public Records of Collier County,
Florida, and more specifically described in Exhibit "A".
CONSIDERATIONS:
Petition AVESMT-2006-AR-10083, The Rookery at Marco has been received by the
Engineering Services Department from Hole Montes, Inc., as agent for the petitioner,
Cornerstone Real Estate Advisors, Inc., Jerome Speltz, Vice President.
Letters of no objection have been received from applicable divisions/entities.
,-
FISCAL IMPACT:
Engineering Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner
which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact associated with this Executive Summary.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
.,.-.
Agenda Item No. 178
October 24, 2006
Page 2 of 7
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution and associated
legal documents.
RECOMMENDATIONS:
1. Adopt the Resolution for Petition AVESMT-2006-AR-10083, The Rookery at Marco to
vacate a portion of a fifteen-foot wide Collier County utility easement as recorded in O.R.
Book 1664, Page 1963, Public Records of Collier County, Florida, and more specifically
described in Exhibit "A".
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
"_.
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17B
Agenda Item No, 178
OClober 24, 2006
Page 3 of 7
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve Petition AVESMT -2006-AR-l0083, The
Rookery at Marco to disclaim, renounce and vacate the Cauntys and the Publics interest in a
portion of a fifteen-fool wide Collier County utility easement as recorded in O.R Book 1664,
Page 1963, Public Records of Collier County, Flonda, and more specifically described In
Exhibit A
10/24/2006 9:00.00 AM
Date
Prepared By
Stephen Higgins
Community Development &
Environmental Services
Surveyor
COES Engineering Services
9/2512006 1 :04:31 PM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Emlironmental Services Admin.
10/3/20068:37 AM
Date
Approved By
Thomas E. Kuck. P.E.
Community Development &
Environmental Services
COES Engineering Services Director
COES Engineering Services
Approved By
10/4/20069:19 AM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin,
Date
10110/2006 11 :06 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
10/11/20062:39 PM
Mark Isackson
Date
Approved By
County Manager's Office
Budget Analyst
Office of Management & Budget
10/11/20063:22 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
10/11120084:37 PM
LEGAL DESCRIPTION
No. 17B
October 2 ,2006
Pag 4 of 7
THIS IS NOT A SURVEY
LEGAL DESCRIPTION
(COUNTY UTILITY EASEMENT VACATION)
A PARCEL OF LAND LYING IN SECTION 14. TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY CORNER OF GOLF COURSE PARCEL 4, MARCO SHORES UNIT 30 GO~F
COURSE, AS RECORDED IN PLAT BOOK 17, PAGES 98 THROUGH 103, OF THE PUBliC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE ALONG ThE NORTHERLY RIGHT OF WAY LINE OF CLUB CDHER BOULEVARD, N.SO'13'17"W. FOR
80D,51 FEET TO A POINT OF CURVATURE;
THENCE NORTHWESTERLY 150.10 FEET, ALOI-.JG THE ARC OF A T,l\NG!:NTIAL CIRCULAR CURVE TO THE L!:n.
HIWING A RAD;US OF 4,050.00 FEET. THROUGH A CEf'>TRAL ANGLE OF 02'07'25" .AND BEING SUBTEI,DED
BY A CHORD WHICH BEARS NS1'16'S9"W. FOR 15009 FEET, TO THE SOUTHEASTERLY CORNER OF A
COLLIER UTILITY EASEMENT. AS DESCRIBED IN OFFCiAL RECORDS BOOI< i 164, PAGE 1963 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA;
THENCE ALONG THE EASTERLY PERII,lEER OF SAID COLLIER UTILITY EASEIv:ENT, THE FOLLOWING TWO (2)
DESCRIBED COURSES;
(1) THENCE N.40'59'57"E. FOR 227.82 FEET;
(2) THENCE S.49':'0'00"E. FOR 147.80 FEET, TO THE POINT OF BEGINNING OF THE PORTION OF THE
EXISTING COLliER UTILITY E ASEME~!T TO BE VACATED AS DESCRIBED HeREIN;
THENCE LEAVING SAID COLliER UTiLITY E4SEMDH P::RII,1ETER ~J.40''O'00''E. FOR 15.00 FEET, TO A POINT
ON THE NORTHERL Y BOU~"DARY OF SAID COLLIER UTILITY EPSEMENT;
THENCE A.LONG SAID COLLIER UTiliTY EASD,iENT PERI~1ETER, -HE FOLLCVM,G F;VE (5) DESCRiBED COCRSES;
(1) THENCE S.49'50'00"[ FOR 59.37 FEET;
(2) THENCE N85'30'00"E. FOR 5042 FEET;
(3) THENCE S.04'30'00"E FOR 1500 FEET;
(4) THENCE S.8S'30'00"W. FOR 56.58 FEET;
(5) THENCE N49'50'00"W. FOR 65.53 f-EET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRiBE:)
HEREIN
CON T AINING 1,739 SOJ -'IRE FEET. I"ORE OR LESS
SUBJECT TO EASEMENTS AND RESTRICTIc)~JS 0'- REC'ORD
BEARiNGS ARE BASED ON THE NORTHERc Y RIGI-iT OF WAY L'I"E OF CeUB CENTER BOULEVARD AS EElNG
fJSO'13'17"W.
AND MAPPER LS# 5278
RA.ISED SEAL
PREPAR[O ~OR: HEN,,!ING C':),,\lSTRUCPON
Q.\2005\05 coseo! Roclcery ill Marco Ck:bhou~'!! ["p (H~nf'lIng)\0005 F"Pl Utility [o'u""ent\CUE 'Jocotio"dw9 12/'\4/2005 9:07:47 AM EST
Di\XZAINC.
Plmutillg
. , V lsualization
CONSULTING Gvil Engineering
.&. "" , ~ JL. Sur""!'"g &. M::rpl'!!1g
DATE: CUENT'
12/'4/05
I-J/A
HENNING CONSTRUCTION
LEGAL DESCRIPTION
OF C.U.E, VACATION
SCAlE
QRAI't'N ar TITLE-
CAJ
6610 Willow PatJ.r. Drive, Suite 200
Naoles, Flonca 34109
Phone: (239) 597.0575
FAX: (239) 597-0518
CHECf':ED I3Y;
J_J.H
SEe ,tiP R:::C PROJECT
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0006
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A
nda Item No. 178
October 2 ,2006
Pag 5 of 7
THIS IS NOT A SURVEY
N
+1
"
W _ E
SKETCH OF DESCRIPTION
s
GOLF COURSE PARCEL 4
MARCO SHORES UNIT ::)0
GOLF COURSE
BOOK 17, PAGES 98-103
o
,
~o 60
,
GRAPHIC SCALE
1"~ 60'
GOLF COURSE PARCEL 4
MARCO SHORES UNIT 30 GOLF COURSE
PLAT BOOK 17, PAGES 98-103
~
./
" .rr
~/
~
~c
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,-'^ -1 >
,,<J S/,s Ji~
(/0;;:--26, o/.~ ~ 1/
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"I'>."('/i> "?/1t?'/ (""--" PH':"SE III,
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"
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~
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/
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BEARING
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504'30'OO"E
585'30'OO"W
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LENGTH
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59.37
50.42
15.00
5658
6553
P.O.C.
50U-HERL Y CORNER
COLF COURSE PARCEL 4
i..iARCO SHORES UNIT 3C GOLF COURSE
PLA1 BOOK 17, Pt..C::S 98-.:03
ft86REVIA TIONS:
PO.C = POINT OF COMMENCEMENT
P.OB. = POINT OF BEGINhllNG
C.UL = COeLlER UTiliTY EASEMENT
ti = CENTERLINE OF ROAD
o \2005\05-0088 01 Rl)(l\r...r)' "" Uorco ClubholJse ElI:p (Hennif1q)\OOOE F"PL UI1IiI)' Eoeem~nl\CU.E vocoUon dW9 12/14/2005 9; C7: 47 A~ EST
D~"1" TAINC.
I \1\/ ~ ~~Iion
CONSULTING Ci\iJ Enginocring
~ ....., T.I.. .JL Surveying & M1Jppillf!
D~TE'
12/14/05
SCALE:
1~~6D'
CLIENT:
O~AWN BY:
C.A J
TiTLE
HENNING CONSTRUCTION
SKETCH OF LEGAL DESCRIPTION
C,U.E. VACATION
661 a WillOW Park Drive, Suite 200
Naples, Fiorida 34109
Pho~: (2391597'057$
FAA: (239) 597-0578
CHECk:f;D a,.;
JJ.H.
SEC' lWP RGE: PROJE"CT
14 515 26E NUMBER
05-0088,01
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NUM8ER-
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F"ILE
NUMBER:
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Agenda Item No. 178
October 24, 2006
Page 7 of 7
RESOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVESMT.2006-AR.10083,
DISCLAIMING, RENOUNCING AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION
OF A FIFTEEN.FOOT WIDE COLLIER COUNTY UTILITY
EASEMENT AS RECORDED IN O.R. BOOK 1664, PAGE
1963, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A".
WHEREAS, pursuant to Sections 336.09 and 336,10, Florida Statutes,
Petitioner, Cornerstone Real Estate Advisor, Inc, has requested the vacation of a
portion of a fifteen-foot wide Collier County utility easement as recorded in O.R.
Book 1664, Page 1963, Public Records of Collier County, Florida, and more
specifically described in Exhibit "An.
WHEREAS, the Board has this day held a public hearing to consider the
aforementioned vacation request, and notice of said public hearing was given as
required by law; and
WHEREAS, the granting of the vacation request 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 easement as specifically described in Exhibit 'A' are hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the
Public's interest and for the Public's benefit.
BE IT FURTHER RESOLVED 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, to publish notice of adoption of this Resolution
within (30) days of adoption; and to record such proofs of publication as required
by Section 336.10, Florida Statutes.
This Resolution adopted after motion, second and majority vote favoring
same, this day of , 2006.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form and legal
sufficiency:
By:
Jeff E. Wright
Assistant Collier County Attorney
Agenda Item No. 17C
October 24,2006
Page 1 of 7
--
EXECUTIVE SUMMARY
Recommendation to approve Petition A VROW-2006-AR-9674 Lucerne Road to disclaim,
renounce and vacate the County's and the Public's interest in the 46-foot wide strip of
Lucerne Road right-of-way immediately adjacent to Block 115, Golden Gate Portion 4,
according to a map thereof, as recorded in Plat Book 5, Pages 107, ET SEQ., of the Public
Records Collier County, Florida.
OBJECTIVE:
To adopt a Resolution to vacate the 46-foot wide strip of Lucerne Road immediately adjacent to
Block 115, Golden Gate Portion 4, according to a map thereof, as recorded in Plat Book 5, Page
107 of the Public Records Collier County, Florida.
CONSIDERATIONS:
Petition AVROW-2006-AR-9674 Lucerne Road has been received by the Engineering Services
Department from Agnoli Barber & Brundage, Inc., as agent for the petitioner, Collier County
Facilities Management Dept., Larry R. Harris, P.E.
Letters of no objection have been received from applicable divisions/entities, with the following
stipulation from Transportation Services, Sprint, Time Warner and FPL.
.--..
That all necessary roadway changes (and the associated costs) to change the existing
westbound lanes to two-way traffic are the responsibility of the petitioner. These items could
include re-striping, paving, new signage, drainage revisions, possible reconstruction of the
existing median opening on Coronado Parkway for alignment purposes, lighting changes
construction of new sidewalk facilities and landscaping.
That the petitioner include all of the changes to the roadway in the Site Development Plans and
that the work within or connecting with the County's right-of-way follow the Right-of-Way
Permitting ordinance.
A utility easement shall be provided to Sprint, Time Warner and FPL for existing facilities.
FISCAL IMPACT:
Engineering Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner
which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact associated with this Executive Summary.
.--.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
Agenda Item No. 17C
October 24, 2006
Page 2 of 7
HISTORICAUARCHAEOLOGICAL 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.
RECOMMENDATIONS:
To vacate the 46-foot wide strip of Lucerne Road immediately adjacent to Block 115, Golden
Gate Portion 4, according to a map thereof, as recorded in Plat Book 5, Page 107 of the Public
Records Collier County, Florida.
1. Adopt the Resolution for Petition AVROW -2006-AR-9674, Lucerne Road.
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: Stephen A. Higgins P.S.M., Engineering Services Department
...."..."
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, He
October 24, 2006
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17C
This Item reqUires that all participants be sworn In and ex parte disclosure be provided by
Commission members, Recommendation to approve Petition AVROW-2006-AR-9674
Lucerne Road to disclaim, renounce and vacate the Countys and the Publics interest in a
portion of Lucerne Road adjacent to Block 115, Golden Gate Portion 4, according to a map
thereof. as recorded In Pi at Book 5, Pages 107 of the Public Records Collier County, Florida,
10/24/20069,00,00 AM
Surveyor
Date
Prepared By
Stephen Higgins
Community Development &
Environmental Services
COES Engineering Services
9/21/2006 1 :55:22 PM
App roved By
Senior Engineer
Date
John Houldsworth
Community Development &
Environmental Services
Engineering Services
9/221200610:20 AM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9/22/2006 11 :21 AM
Thomas E, Kuck, P,E.
CDES Engineering Services Director
Date
App roved By
Community Development &
Environmental Services
GOES Engineering Services
10/4/20069:17 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Dole
Community Development &
Environmental Services Admin.
10/10/2006 11 :02 AM
OMS Coordinator
Administrative Aftsistant
Date
Approved By
County Manager's Office
Office of Management & Budget
10/11/20062:37 PM
Mark Isackson
Budget Analyst
Date
A pp roved By
County Manager's Office
Office of Management & Budget
10111/20063:08 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10111120064:28 PM
------
------
'-
'-
BLOCK 116
LUCERNE ROAD ~genda I m No
(VACA TED PORTION) ober 24,
Page
/' ~
/'
17C
006
of 7
/'
~
N
o
SCALE: 1" = 117'
LUCERNE ROAD
(PORTION TO BE VACA TED)
(0.66 ACRES ::t)
~
C1
C2
C3
C4
C5
.aa..IA
2'50'27.
32"54'51-
33'03'56-
8427'49-
88'09'54-
NORTHERL Y BOUNDARY
LINE TABLE
~ ~ BEARING
L1 46.00 S 34'40'48- E
CURVE TABLE
&J2lJJS ~
898.17 44.53
1064.74 611.65
1018.74 587.92
25.00 36.85
25.00 38.47
.cJ::JQBQ
<<.53
603.27
579.79
33.61
34.78
GOLDEN GA TE UNIT 4
(P.B. 5, PGS. 107-116)
BLOCK 115
P.O.B.
SOUTHWESTERL Y
CORNER
BLOCK 115
~ C'O,p, "NOR""'AS""'-' R.O.W. UNE
'-. O~ '<
'-. "Ala
~ ~~~
....,;-
" "
/ ;~:f.~t-.J,./
/ ri~' /
./ ~:~ ./
J. P.O.B. = POINT OF BEGINNING. / GO"'() ./
4. R.O.W. = RIGHT-OF-WAY. /
S. BEARINGS ARE BASED ON THE PLA T OF GOLDEN GA TE
UNIT 4, AS RECORDED IN PLAT 800K 5. PAGES 107-116,
COLLIER COUNTY. FlORIDA.
-----I
"""'-
~
GENERAL NOTES:
"
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.
2. CURVF DIMENSIONS ARE AS FOLLOWS:
/). :: DElTA ANGLE. R :: RADIUS. A = ARC DISTANCE.
CH = CHORD DISTANCE AND CHB = CHORD BEARING
CHORD BEARING
S 64'20'19- E
N 38"57'46. E
N 38'4714- E
N 19"58'39- W
N 21'40'36. W
./
/
./
/
THIS LEGAL DESCRIPTION AND SKETCH PREPARED 8Y: CUENT: 8. S. S. W. ARCHITECTS
TITlE: SKETCH AND DESCRIPTION OF PART OF LUCERNE ROAD
OF THE PLAT OF GOLDEN GATE UNIT 4
(P.B. 5. PGS. 107-116) COLUER COUNTY, FLORIDA
UNDAGE.-.
hofeaJoDal eDCInM.... pIazuw.... a. !aDd .......70...
~ =:: ~=:'-= --=. -=:::::.-: 1::=::::::
-....__a__._ ....(Nl___
PROJ. NO.: 05 0165
SHEET NO.: 1 OF 2
ACAD NO: 9346-5Q FILE NO: 9346
.. REFERENCE ABB PROJECT 18308 ..
-
1?C
October 24, 006
Page of?
LEGAL DESCRIPTION
ALL ~T PART OF LUCERNE. ROAD. GOLDEN GATE UNIT of. AS SHOWN ON THE PL.A T THEREOF
AND AS RECORDED IN Pl.AT BOOK 5. PAGE 1t>>. PUBUC RECORDS OF COWER COIMTY.
FLORIDA. BEING MORE PARTICUtARL Y DESCRIBED AS FOLLOWS;
BEGlNNtNGAT A SOIJTHWESTERL Y CORHER OF BLOCK 115 OF THE AFOREMENTIONED Pl.AT.
SAID CORNER ALSO LYING ON THE SOVTHEASTERL Y UHE OF LUCERNE ROAD AS SHOWN ON
THE AFOREIIENTlONED PlAT AND ALSO LYING ON THE NORTHEASTERLY LJNE OF CORONADO
PARKWAY AS SHOWN ON THE AFOREMENTIONED Pl.AT AND ALSO LYING ON THE ARC OF A
CURVE CONCAVE SOUTHWESTERLY AND WHOSE RADIUS BEARS SOUTH 2roof'5S" WEST A
DISTANCE OF 898.17 FEET;
THENCE ALONG THE NORTHWESTERL Y EXTENSION OF SAID NORTHEASTERL Y LINE AND ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL. ANGLE OF 2. 5lJ' 27" AN ARC DISTANCE OF
44.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AHO HAVING A
RADIUS OF 25.00 FEET;
THENCE NORTHWESTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
88"OS'S4" AN ARC DISTANCE OF 36.47 FEET TO THE BEGINNING OF A COMPOUND CURVE
CONCAVE SOUTHEASTERL Y AND AND HAVING A RADIUS OF 10fU.7of FEET SAID CURVE ALSO
BEING ,",.00 FEET NORTHERL Y FROM AND CONCENTRIC WITH THE NORTHlERY UNE OF SAID
TRACT 115;
THENCE NORTHEASTERL Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
3r54'51" AN ARC DISTANCE OF 611.85 FEET;
THENCE L6\VING SAID CONCENTRIC CURVE SOUTH :U.40'offJ" EAST A DISTANCE OF 46.00 FEET
TO AN I/tITERSECTtON WITH THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERL Y
AND WHOSE RADIUS BEARS SOUTH :U"40'of8" EAST A DISTANCE OF 1018.7of FEET SAID ARC
BEING THE NORTHERL Y BOUNDARY OF SAID BLOCK 115;
THENCE SOUTHWESTERLY ALONG SAID HORTHERI. Y UNE AND ALONG THE ARC OF SAID
NON- TANGENT CURVE THROUGH A CENTRAL. ANGLE OF 33.03'51" AN ARC DISTANCE OF 587.(12
FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERL Y AND HAVING A RADIUS
OF 25.00 FEET:
THENCE CONTINUING ALONG SAID BOUNDARY SOUTHER!. Y ALONG THE ARC OF SAID
COMPOUND CURVE THROUGH A CEHTRAL/WGLE OF Bofozrw AN ARC DISTANCE OF 38..
FEET TO THE POINT OF BEGlNHfNG OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 0.. ACRES OF LAND MORE OR LESS;
SUBJECT 10 EASEMENTS AND RES7R1CTIONS OF RECORD.
ABSTRACT HOT RJ;:VIEWE"D.
AGNOU. ~ ANf)pRUHDAGE.INC.
PR9fE~ ~~RS. PLANNERS & SURVEYORS AND MAPPERS
:~dJ~~_
THIS LEGAL OESCRlPllON AND SKETCH PREPARED BY:
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Agenda Item No. 17C
October 24,2006
Page 7 of 7
RESOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVESMT-2006-AR-9674,
DISCLAIMING, RENOUNCING AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN THE 46-FOOT
WIDE STRIP OF LUCERNE ROAD RIGHT-OF-WAY
IMMEDIATELY ADJACENT TO BLOCK 115, GOLDEN GATE
UNIT 4, AS RECORDED IN PLAT BOOK 5, PAGE 107, ET
SEQ., OF THE PUBLIC RECORDS COLLIER COUNTY,
FLORIDA, AND AS FURTHER DESCRIBED IN EXHIBIT 'A'.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner,
Collier County Government Facilities Management Dept., has requested the
vacation of the 46-foot wide strip of Lucerne Road right-of-way immediately
adjacent to Block 115, Golden Gate Unit 4, as recorded in Plat Book 5, Page 107
of the Public Records Collier County, Florida, as more specifically described in
Exhibit 'A'; and
WHEREAS, the Board has this day held a public hearing to consider the
aforementioned vacation request, and notice of said public hearing to was given
as required by law; and
WHEREAS, the granting of the vacation request will not adversely affect
the ownership or right of convenient access of the property owners.
"_.,,-.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in the right-of-way 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:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form and legal
sufficiency:
By:
Jeff E. Wright
Assistant Collier County Attorney
Agenda Item No. 170
October 24, 2006
Page 1 of 18
EXECUTIVE SUMMARY
Petition SNR-2006-AR-I0350, Johnson Engineering, representing Treviso Bay
Development, LLC, requesting a street name change from Treviso Bay Boulevard to Corso
Bello Drive for the southern segment of Treviso Bay Boulevard, which is located in Section
32, Township 50 South, Range 26 East, legally known as Tract R-2, Treviso Bay
Subdivision.
OBJECTIVE:
That the Collier County Board of County Commissioners approve a Resolution to rename that
portion of Treviso Bay Boulevard to Corso Bello Drive, which lies south of the traffic circle at
the golf course clubhouse in Section 32, Township 50 South, Range 26 East.
CONSIDERA TIONS:
-
Treviso Bay Boulevard is the main spine road through the Treviso Bay Subdivision and is
approximately three miles long from the main entry into the development to Southwest
Boulevard. The first two-thirds of Treviso Bay Boulevard is generally a standard boulevard
configuration; this configuration ends at a traffic circle at the golf course clubhouse. Because of
the difference in the roadway configuration and the location of the traffic circle, the Petitioner
believes that it is appropriate to change that portion of Treviso Bay Boulevard to Corso Bello
Drive, which lies south of the traffic circle in Section 32, Township 50 South, Range 26 East,
and is legally known as Tract R-2, Treviso Bay, recorded in Plat Book 45, Pages 14 through 24.
The Petitioner has met the requirements for requesting a street name change. The name does not
duplicate an existing street name. There are nine undeveloped parcels abutting the street in
question; however all of the parcels are under unified ownership.
FISCAL IMPACT:
Fiscal impact to the County Manager's agency will be incurred in the form of staff time spent
revising plats and addressing records. Fiscal impact to fire, police (Sheriffs Office), Post Office,
EMS, and 911 Emergency Services will be incurred in the form of costs to update records and
maps.
The Petitioner has agreed to bear the cost of replacing the street sign.
GROWTH MANAGEMENT IMPACT:
The renaming of the street will have no impact on the Growth Management Plan.
~
SNR-2006-AR-10350
1
Agenda Item No. 170
October 24,2006
Page 2 of 18
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission does not review street name change petitions.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and its compliance with
criteria set forth in Chapter 22, Article X, of the Collier County Code of Laws and Ordinances.
The proposed Resolution is authorized by Section 336.05, Florida Statutes, and has been
reviewed and approved by the County Attorney's Office.
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition SNR 2006-AR-
10350, changing that portion of Treviso Bay Boulevard to Corso Bello Drive, which lies south of
the traffic circle at the golf course clubhouse in Section 32, Township 50 South, Range 26 East.
PREPARED BY:
Joyce Ernst, Senior Planner
Department of Zoning and Land Development Review
""",-"...
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SNR-2006-AR-10350
2
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 170
October 24, 2006
Page 3 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17D
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Petition SNR-2006-AR-10350, Johnson Englneenng, representing
Trevlso Bay Development. LLC, requesting a street name change from Treviso Bay
Boulevard to Corso Bello Onve for the southern segment of Treviso Bay Boulevard, which is
located In Seclion 32, Township 50 South, Range 26 East legally known as Tract R-2,
Treviso Bay Subdivision,
101241200690000 AM
Planner
Date
Prepared By
Joyce Ernst
Community Development
and Environmental Services
Zoning & Land Development Review
10/3/2006 9:31 :33 AM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
1013/200612:31 PM
Constance A. Johnson
Operations Analyst
Date
Approved By
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
10/9/2006 3: 20 PM
Zoning & Land Development Director
Date
Approved By
Susan Murray,AICP
Community Development &
Environmental Services
Zoning & Land Development Review
10/10120064:23 PM
Approved By
Chief Planner
Date
Ray Bellows
Community Development &
Environmental Services
Zoning & Land Development Review
10110/2006 S: 58 PM
Jeff Klatzkow
Assistant County Attorney
Date
Approved By
County Attorney
County Attorney Office
10111/20066:39 AM
Date
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
10/11/200610:14AM
OMB Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
10/11/20062:42 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/11/20063:47 PM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
10111120064:16 PM
Item No. 17D
Oc ober 24, 2006
Page 4 of 18
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NAPLES ~OR
SNR-2006-AR-I0350
JOHNS
II
ENGINEERING
Agenda Ite
SINCE 194&Octo
NO.17D
.2006
5 of 18
August 18, 2006
Department of Zoning & Land Development Review
Application Processing
Community Development Services
2800 North Horseshoe Drive
Naples, FL 34104
SNR-2006-AR-I0350
PROJECT #2004080032
DATE: 8/24/06
JOYCE ERNST
Re: Treviso Bay
Street Name Change Application
To Whom It May Concern:
In our original construction plans and plat (AR,#6434), we referenced the main spine road through the
project as Treviso Bay Boulevard. Treviso Bay Boulevard is approximately three miles from the main
entry of Treviso Bay to Southwest Boulevard. The :first two-thirds of the spine road is generally a
standard boulevard configuration with no units directly abutting the spine road. This configuration ends at
a traffic circle at the golf course clubhouse. Because of this difference in the roadway configuration and
the location of the traffic circle at this transition, we believe it is appropriate to change the spine road
name at this location. In addition, residential units abut the spine road past this feature. This name change
for this portion of the roadway will allow for more efficiency in providing services to the residents that
are along this section of spine road, which connects with Southwest Boulevard, We would like to change
the name of the portion of the spine road from the traffic circle at the golf course clubhouse to South West
Boulevard from Treviso Bay Boulevard to Corso Bello Drive. This will help in emergency service
location identification and response time in that Treviso Bay Boulevard is more easily accessed from
US41, and Corso Bello Drive would be more easily accessed from Southwest Boulevard.
Based on emergency response and the distinct differences between the roadways in these two sections, we
believe that changing the name of the spine road from the point of the traffic circle to South West
Boulevard to the Corso Bello Drive section is appropriate.
Please give this some consideration and contact me if you have any comments, questions or require any
additional information. We appreciate your time and consideration regarding this request and look
forward to your response shortly.
Sincerely,
JOHNSON ENGINERlNG, INC.
~~.
Stacy Ful
Permit Tee 'cian
H:120020000\20023436 T",viso BaylApplicationslStreet Name Change\D81106 JOOn Houldswa:1h Street Name Change Cover Letter.doc
2350 Stanford Coun . Naples, Florida 34112
(239) 434-0333 . Fax (239) 434-9320
COLLIER COUNTY GOVERNMENT
DEPT: OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
Agenda Item No, 170
2800 NORTH HORSESHOE DRIVE October 24,2006
NAPLES, FLORIDA 34104 Page 6 of 18
(239) 403-2400 FAX (239) 643-6968
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SNR AR #
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
LS~-2006_AJl-I0350
PROJECT #2004080032
DATE: 8/24/06
JOYCE ERNST
]
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.... . "])PLI~A",t. .INFc>.R.MATlq~ . . .
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NAME OF APPLlCANT(S) TREVISO BAY DEVELOPMENT. LLC
ADDRESS 19275 WEST CAPITOL DRIVE CITY BROOKFIELD
TELEPHONE # 12621790-6000 CELL #
E-MAIL ADDRESS:SANJAY@VKDEVELOPMENT.COM
STATE~ZIP 53045
FAX # f2621790-6010
NAME OF AGENT JOHNSON ENGINEERING
ADDRESS 2350 STANFORD COURT CITY NAPLES
TELEPHONE # 434-0333 CELL # 825-9862
E-MAIL ADDRESS:CDH@JOHNSONENG.COM
STATE FL ZIP 34112
FAX # 434-9320
ASSOCIATIONS' .
.. "I
. -', ,~- -:.- .- ~.; -', ,"'.
Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if
necessary.
NAME OF HOMEOWNER ASSOCIATION: N/A
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF MASTER ASSOCIATION: TREVISO BAY PROPERTY OWNERS MASTER ASSOCIATION, INC
ADDRESS 19275 WEST CAPITOL DRIVE CITY BROOKFIELD STATE~ZIP 53045
NAME OF CIVIC ASSOCIATION: EAST NAPLES CIVIC ASSOCIATION
MAILING ADDRESS CITY NAPLES
STATE-EL-ZIP _
*Be aware that Collier County has lobbyist regulations, Guide yourself accordingly and ensure that you are in
compliance with these regulations.
Application for Street Name Change - Revised June 2006
Page 2 of6
Agenda Item No. 170
October 24,2006
Page 7 of 18
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CURRENT NAME OF STREET Treviso Bav Boulevard
PROPOSED STREET NAME Corso Bello Drive
STREET IN QUESTION IS:
o public, or [gI private
REASON FOR PROPOSED CHANGE In our oril!:inal construction plans and plat (AR#6434). we
referenced the main spine road throul!:h the project as Treviso Bav Boulevard. Treviso Bav
Boulevard is approximately three miles from the main entry of Treviso Bav to Southwest
Boulevard. The first two-thirds of the spine road is l!:eneraUv a standard boulevard confil!:uration
with no units directlv abuttinl!: the spine road. This confit!Uration ends at a traffic circle at the l!:olf
course clubhouse. Because of this difference in the roadway confil!1lration and the location of the
traffic circle at this transition. we believe it is appropriate to chanl!:e the spine road name at this
location. In addition. residential units abut the spine road past this feature. This name chanl!:e for
this portion of the roadway will anow for more efficiency in nrovidinl!: services to the residents that
are alonl!: this section of snine road. which connects with Southwest Boulevard. We would like to
chanee the name of the portion of the spine road from the traffic circle at the eolf course
clubhouse to South West Boulevard from Treviso Bay Boulevard to Corso Beno Drive. This will
help in emerl!:ency service location identification and response time in that Treviso Bav Boulevard
is more easily accessed from US41. and Corso Beno Drive would be more easily accessed from
Southwest Boulevard.
Based on emereency resnonse and the distinct differences between the roadways in these two
sections. we believe that chanlrlnl!: the name of the spine road from the noint of the traffic circle to
South West Boulevard to the Corso Beno Drive section is annropriate.
Approximate length of street: 1.06 miles Number of parcels or lots abutting street: None at this time
Total Number of property owners abutting street to be renamed:
None at this time
Total Number of property owners signing petition to change street name:
Percentage of property owners signing petition:
100%
Applicant [gI does, or 0 does not, agree to pay cost of street sign replacement for public street,
(approx. $100.00 per sign)
Application for Street Name Change - Revloed June 2006
Page3of6
I:
Agenda Item No. 17D
October 24,2006
Page 8 of 18
" .L()c.ATiO~,'> :.., ....
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List legal description(s) of properties abutting the street to b. renamed. (Attach additional pages if
necessary)
Subdivision: Treviso Bay Unit No.
Tract No. GC-l throUGh 5. FD-6. 7. 8
SectionfTownship/ Range:
32
50S
I 26E
Subdivision:
Unit No.
Tract No.
Section/Township/ Range:
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Subdivision:
Unit No.
Tract No.
SectionfTownship/ Range:
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Subdivision:
Unit No.
Tract No.
SectionfTownship/ Range:
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Subdivision:
Unit No.
Tract No.
Section/Township/ Range:
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Subdivision:
Unit No.
Tract No.
Section/Township/ Range:
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/
Applicali.n for Slreel Name Change - Revised June 2006
Page4of6
Agenda Item No. 170
October 24, 2006
Page 9 of 18
PETITIO]
TO: THE BOARD OF OUNTY COMMISSIONERS
COLLIER COUNT' FLORIDA
lD OF COUNTY COMMISSIONERS TO
THE UNDERSIGNED PETIONERS HEREBY REQUEST THE B
CHANGE THE NAME OFfoIE FOLLOWING STREET NAME
!
FROM Treviso Bav Boward TO ~
lello Drive
LEGAL DESC.
"...~~4~~
DATE
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SIGNATURE ADDRESS
-rAf~'f A6.V€~P""EJ1I1. 1..1. L 4.1 7,r W. C.A!&"'* .b~ . ]
d'l, ~..,~_ !"z.... ..:' ~~ $;'"I"'"..r
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Page 5 of6
Application for Slreel Name Chaoge --!vised JuDe 2006
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DESCRIPTION:
S~-2006-~-10350
PROJECT #2004080032
DATE: 8/24/06
JOYCE ERNST
Agenda Item No. 170
October 24,2006
Page11of18
A PARCEL OF LAND LOCATED IN SECTIONS 29, 30 AND 31, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF SECTION 30, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, WITH THE WESTERLY RIGHT-OF-
WAY LINE OF U.S, HIGHWAY 41 (T AMIAMI TRAIL) AND RUN SOUTH 39003'42" EAST ALONG
SAID WESTERLY RIGHT -OF-WAY LINE, A DISTANCE OF 203.22 FEET TO AN INTERSECTION
WITH THE SOUTHERLY LINE OF THE DRAINAGE EASEMENT AS RECORDED IN OFFICIAL
RECORDS BOOK 1113, PAGE 2077 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY,
FLORIDA FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH 39003'42" EAST ALONG
SAID WESTERLY RIGHT -OF-WAY LINE, A DISTANCE OF 2,129.82 FEET; THENCE RUN SOUTH
38017'43" WEST, A DISTANCE OF 581.30 FEET; THENCE RUN NORTH 89034'42" WEST, A
DISTANCE OF 348.55 FEET; THENCE RUN SOUTH 02048'31" WEST, A DISTANCE OF 308.99
FEET; THENCE RUN SOUTH 88028'28" WEST, A DISTANCE OF 30.00 FEET TO THE SOUTHEAST
CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 30, THENCE RUN SOUTH
87014'44" WEST ALONG THE NORTH LINE OF "TRACT 10" AS RECORDED IN OFFICIAL
RECORDS BOOK 105, PAGES 595 THROUGH 597 OF SAID PUBLIC RECORDS AND "TRACT 9"
AS RECORDED IN OFFICIAL RECORDS BOOK 105, PAGES 592 THROUGH 594 OF SAID PUBLIC
RECORDS, A DISTANCE OF 683,13 FEET TO THE NORTHWEST CORNER OF SAID "TRACT 9";
THENCE RUN SOUTH 00020'37" WEST ALONG THE WEST LINE OF SAID "TRACT 9", A
DISTANCE OF 672.63 FEET TO THE SOUTHWEST CORNER OF SAID "TRACT 9"; THENCE RUN
NORTH 87026'41" EAST ALONG THE SOUTH LINE OF SAID "TRACT 9" AND SAID "TRACT 10",
A DISTANCE OF 654.42 FEET TO THE SOUTHEAST CORNER OF SAID "TRACT 10" AT AN
INTERSECTION WITH THE EAST LINE OF SAID SECTION 30; THENCE RUN SOUTH 02045'35"
WEST ALONG SAID EAST LINE OF SECTION 30, A DISTANCE OF 1,919,99 FEET TO THE
SOUTHEAST CORNER OF SAID SECTION 30; THENCE RUN SOUTH 02045'30" WEST, A
DISTANCE OF 805.74 FEET; THENCE RUN NORTH 90000'00" WEST, A DISTANCE OF 301.03
FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE WESTERLY AND HAVING A
RADIUS OF 430,00 FEET, A CENTRAL ANGLE OF 65009'04" AND A CHORD BEARING AND
DISTANCE OF SOUTH 11057'04" WEST, 463.03 FEET, RESPECTIVELY; THENCE RUN
SOUTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 488.95 FEET TO THE POINT OF
TANGENCY OF SAID CURVE; THENCE RUN SOUTH 44031 '36" WEST, A DISTANCE OF 219.69
FEET TO THE POINT OF CURVATURE OF A CURVE CONCA VE SOUTHEASTERLY AND
HAVING A RADIUS OF 660,00 FEET, A CENTRAL ANGLE OF 33055'39" AND A CHORD
BEARING AND DISTANCE OF SOUTH 27033'46" WEST, 385.13 FEET, RESPECTIVELY; THENCE
RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 390.82 FEET TO THE
POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING
A RADIUS OF 430.00 FEET, A CENTRAL ANGLE OF 26038'58" AND A CHORD BEARING AND
DISTANCE OF SOUTH 23055'26" WEST, 198.20 FEET, RESPECTIVELY; THENCE RUN
SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 200,00 FEET; THENCE RUN
NORTH 55025'02" WEST ALONG A NON-TANGENTIAL LINE, A DISTANCE OF 140,23 FEET TO A
POINT ON A NON-TANGENTIAL CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 290.00 FEET, A CENTRAL ANGLE OF 34019'39" AND A CHORD BEARING AND
DISTANCE OF SOUTH 55042'04" WEST, 171.16 FEET, RESPECTIVELY; THENCE RUN
SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 173.75 FEET TO THE POINT
OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 74020'58" AND A CHORD BEARING AND
DISTANCE OF SOUTH 35041'24" WEST, 18.13 FEET, RESPECTIVELY; THENCE RUN
SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 19.46 FEET TO THE POINT
OF REVERSE CURVATURE OF A CURVE CONCA VE WESTERLY AND HAVING A RADIUS OF
760,00 FEET, A CENTRAL ANGLE OF 06055'52" AND A CHORD BEARING AND DISTANCE OF
SOUTH 01058'51" WEST, 91.88 FEET, RESPECTIVELY; THENCE RUN SOUTHERLY ALONG SAID
CURVE, AN ARC DISTANCE OF 91.94 FEET TO THE POINT OF REVERSE CURVATURE OF A
Agenda Item No. 170
October 24, 2006
Page 12 of 18
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 440.00 FEET, A CENTRAL
ANGLE OF 42028'49" AND A CHORD BEARING AND DISTANCE OF SOUTH 15047'37" EAST,
318.80FEET,RESPECTIVELY; THENCE RUN SOUTHERLY ALONG SAID CURVE, AN ARC
DISTANCE OF 326.22 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 560.00 FEET, A CENTRAL ANGLE OF 07057'39"
AND A CHORD BEARING AND DISTANCE OF SOUTH 33003'12" EAST, 77.74 FEET,
RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE
OF 77.81 FEET; THENCE RUN SOUTH 83030'57" WEST ALONG A NON-TANGENTIAL LINE, A
DISTANCE OF 666.04 FEET; THENCE RUN NORTH 56010'37" WEST, A DISTANCE OF 816.27
FEET; THENCE RUN NORTH 89029'19" WEST, A DISTANCE OF 558,68 FEET TO AN
INTERSECTION WITH THE WEST LINE OF A 110-FOOT ELECTRIC TRANSMISSION RIGHT-OF-
WAY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 194, PAGE 601 OF SAID
PUBUC RECORDS; THENCE RUN NORTH 01035'00" EAST ALONG SAID TRANSMISSION
RIGHT-OF-W A Y EASEMENT, A DISTANCE OF 1,675.69 FEET; THENCE RUN NORTH 01039'41"
EAST ALONG SAID TRANSMISSION RIGHT-OF-WAY EASEMENT, A DISTANCE OF 179.02
FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 30; THENCE RUN
NORTH 01036'32" EAST ALONG SAID TRANSMISSION RIGHT-OF-WAY EASEMENT, A
DISTANCE OF 4,209.75 FEET; THENCE RUN SOUTH 88023'28" EAST, A DISTANCE OF 110.00
FEET; THENCE RUN SOUTH 42029'07" EAST, A DISTANCE OF 20.71 FEET; THENCE RUN
SOUTH 35041'47" EAST, A DISTANCE OF 48.88 FEET; THENCE RUN NORTH 78002'50" EAST, A
DISTANCE OF 73.84 FEET; THENCE RUN NORTH 69030'33" EAST, A DISTANCE OF 201.29 FEET;
THENCE RUN NORTH 72043'17" EAST, A DISTANCE OF 86.99 FEET TO A POINT ON A NON-
TANGENTIAL CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 480.00 FEET, A
CENTRAL ANGLE OF 52058'42" AND A CHORD BEARING AND DISTANCE OF SOUTH 78054'45"
EAST, 428.19 FEET, RESPECTIVELY; THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC
DISTANCE OF 443,83 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE
NORTHERLY AND HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 57033'15" AND A
CHORD BEARING AND DISTANCE OF SOUTH 81012'02" EAST, 48.14 FEET, RESPECTIVELY;
THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 50,23 FEET TO THE
POINT OF REVERSE CURVATURE OF A CUR VE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 510,00 FEET, A CENTRAL ANGLE OF 06043'19" AND A CHORD BEARING AND
DISTANCE OF NORTH 73023'00" EAST, 59.80 FEET, RESPECTIVELY; THENCE RUN
NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 59.83 FEET TO THE POINT OF
REVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 4 I 0.00 FEET, A CENTRAL ANGLE OF 35015'46" AND A CHORD BEARING AND DISTANCE
OF NORTH 59006'47" EAST, 248.37 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY
ALONG SAID CURVE, AN ARC DISTANCE OF 252.33 FEET TO THE POINT OF REVERSE
CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 460.00
FEET, A CENTRAL ANGLE OF 18030'36" AND A CHORD BEARING AND DISTANCE OF NORTH
50044'12" EAST, 147,96 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID
CURVE, AN ARC DISTANCE OF 148,61 FEET TO A POINT ON A NON-TANGENTIAL CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 48.09 FEET, A CENTRAL ANGLE
OF 66000'41" AND A CHORD BEARING AND DISTANCE OF NORTH 28023'42" EAST, 52,39 FEET,
RESPECTIVELY; THENCE RUN NOR THEASTERL Y ALONG SAID CURVE, AN ARC DISTANCE
OF 55,41 FEET; THENCE RUN NORTH 03012'06" WEST ALONG A NON-TANGENTIAL LINE, A
DISTANCE OF 188,34 FEET TO THE POINT OF TANGENCY OF A CURVE CONCAVE WESTERLY
AND HAVING A RADIUS OF 1035,00 FEET, A CENTRAL ANGLE OF 08012'55" AND A CHORD
BEARING AND DISTANCE OF NORTH 07018'33" WEST, 148.27 FEET, RESPECTIVELY; THENCE
RUN NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE OF 148.40 FEET TO A POINT ON
A NON-TANGENTIAL CURVE CONCA VE NORTHEASTERLY AND HAVING A RADIUS OF
186,12 FEET, A CENTRAL ANGLE OF 13046'22" AND A CHORD BEARING AND DISTANCE OF
NORTH 17058'30" WEST, 44.63 FEET, RESPECTIVELY; THENCE RUN NORTHWESTERLY
ALONG SAID CURVE, AN ARC DISTANCE OF 44.74 FEET; THENCE RUN NORTH 05040'36"
WEST ALONG A NON-TANGENTIAL LINE, A DISTANCE OF 24.18 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 180.00 FEET, A
CENTRAL ANGLE OF 06039'54" AND A CHORD BEARING AND DISTANCE OF NORTH 02020'39"
Agenda Item No. 17D
October 24,2006
Page 13 of 18
WEST, 20.93 FEET, RESPECTIVELY; THENCE RUN NORTHERLY ALONG SAID CURVE, AN
ARC DISTANCE OF 20.94 FEET TO A POINT ON A NON- TANGENTIAL CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 186.12 FEET, A CENTRAL ANGLE OF 85055'54"
AND A CHORD BEARING AND DISTANCE OF NORTH 45047'34" EAST, 253.70 FEET,
RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE
OF 279.14 FEET; THENCE RUN NORTH 89058'49" EAST ALONG A NON-TANGENTIAL LINE, A
DISTANCE OF 77.83 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF ]4013'33"
AND A CHORD BEARING AND DISTANCE OF NORTH 82052'03" EAST, 12.38 FEET,
RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE
OF 12.4] FEET; THENCE RUN NORTH 89002'29" EAST ALONG A NON-TANGENTIAL LINE, A
DISTANCE OF 38.62 FEET; THENCE RUN NORTH 38045'58" WEST, A DISTANCE OF 20.13 FEET
TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE WESTERLY AND HAVING A RADIUS
OF 50.00 FEET, A CENTRAL ANGLE OF 77024'28" AND A CHORD BEARING AND DISTANCE OF
NORTH 010] 6'26" EAST, 62.53 FEET, RESPECTIVELY; THENCE RUN NORTHERLY ALONG SAID
CURVE, AN ARC DISTANCE OF 67.55 FEET; THENCE RUN NORTH 38045'58" WEST ALONG A
NON-TANGENTIAL LINE, A DISTANCE OF 39,26 FEET; THENCE RUN NORTH 51014'02" EAST,
A DISTANCE OF 112.14 FEET TO AN INTERSECTION WITH SAID SOUTHERLY LINE OF THE
DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1113, PAGE 2077;
THENCE RUN NORTH 83053'47" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 302.76
FEET; THENCE RUN SOUTH 73009'55" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF
194.59 FEET; THENCE RUN SOUTH 84022'46" EAST ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 78.69 FEET TO THE SAID POINT OF BEGINNING.
CONTAINING 18,433,275.33 SQUARE FEET OR423.17 ACRES, MORE OR LESS.
LESS AND EXCEPT:
A PARCEL OF LAND SITUATED IN SECTION 30, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA AND RUN NORTH 02045'35" EAST ALONG THE EAST LINE
OF SAID SECTION 30, A DISTANCE OF 1004.10 FEET; THENCE RUN NORTH 87014'25" WEST, A
DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH
870]4'25" WEST, A DISTANCE OF 415,39 FEET TO THE POINT OF CURVATURE OF A CURVE
BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 203.00 FEET, A CENTRAL
ANGLE OF 33002'32" AND A CHORD BEARING AND DISTANCE OF SOUTH 76014'19" WEST,
115.45 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC
DISTANCE OF 117.07 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN
SOUTH 59043'03" WEST, A DISTANCE OF 621.38 FEET; THENCE RUN SOUTH 89048'49" WEST, A
DISTANCE OF 228.81 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 305.00 FEET, A CENTRAL ANGLE OF
109015'34" AND A CHORD BEARING AND DISTANCE OF NORTH 35033'24" WEST, 497.41 FEET,
RESPECTIVELY; THENCE RUN NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE
OF 581.62 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN NORTH
19004'23" EAST, A DISTANCE OF 2]0.8] FEET TO THE POINT OF CURVATURE OF A CURVE
BEING CONCAVE WESTERLY AND HAVING A RADIUS OF 470,00 FEET, A CENTRAL ANGLE
OF 67038'21" AND A CHORD BEARING AND DISTANCE OF NORTH 14044'47" WEST, 523.19
FEET, RESPECTIVELY; THENCE RUN NORTHERLY ALONG SAID CURVE, AN ARC DISTANCE
OF 554.85 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN NORTH
48033'58" WEST, A DISTANCE OF 105,35 FEET TO THE POINT OF CURVATURE OF A CURVE
BEING CONCA VE NORTHEASTERLY AND HAVING A RADIUS OF 220.00 FEET, A CENTRAL
ANGLE OF 55053'13" AND A CHORD BEARING AND DISTANCE OF NORTH 20037'22" WEST,
206.18 FEET, RESPECTIVELY; THENCE RUN NORTHERLY ALONG SAID CURVE, AN ARC
DISTANCE OF 2]4.59 FEET; THENCE RUN SOUTH 87051'05" EAST, A DISTANCE OF 115.90 FEET
Agenda Item No. 170
October 24,2006
Page 14 of 18
TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHWESTERLY AND
HAVING A RADWS OF 310.00 FEET, A CENTRAL ANGLE OF 37015'24" AND A CHORD
BEARING AND DISTANCE OF NORTH 73031'12" EAST, 198.05 FEET, RESPECTIVELY; THENCE
RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 201.58 FEET; THENCE
RUN SOUTH 37040'45" EAST, A DISTANCE OF 85.21 FEET; THENCE RUN NORTH 52019'15"
EAST, A DISTANCE OF 131.25 FEET TO THE POINT OF CURVATURE OF A CURVE BEING
CONCA VE NORTHWESTERLY AND HAVING A RADWS OF 620.00 FEET, A CENTRAL ANGLE
OF 25037'51" AND A CHORD BEARING AND DISTANCE OF NORTH 39030'20" EAST, 275.05
FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC
DISTANCE OF 277.35 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN
NORTH 26041'24" EAST, A DISTANCE OF 106.26 FEET; THENCE RUN SOUTH 83015'46" EAST, A
DISTANCE OF 54.16 FEET; THENCE RUN NORTH 85014'11" EAST, A DISTANCE OF 46.98 FEET
TO A POINT ON A CURVE BEING CONCAVE WESTERLY AND HAVING A RADIUS OF 595.00
FEET, A CENTRAL ANGLE OF 41029'28" AND A CHORD BEARING AND DISTANCE OF SOUTH
03037'33" WEST, 421.52 FEET, RESPECTIVELY; THENCE RUN SOUTHERLY ALONG SAID
CURVE, AN ARC DISTANCE OF 430.87 FEET TO THE POINT OF REVERSE CURV ATURE OF A
CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A RADWS OF 680,00 FEET, A
CENTRAL ANGLE OF 10050'14" AND A CHORD BEARING AND DISTANCE OF SOUTH 18057'09"
WEST, 128.43 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID CURVE,
AN ARC DISTANCE OF 128.62 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE
RUN SOUTH 13032'03" WEST, A DISTANCE OF 148.49 FEET TO THE POINT OF CURVATURE OF
A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADWS OF 205.00 FEET, A CENTRAL
ANGLE OF 168017'05" AND A CHORD BEARING AND DISTANCE OF SOUTH 67045'59" EAST,
407.86 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE, AN ARC
DISTANCE OF 602.11 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN
NORTH 28005'29" EAST, A DISTANCE OF 250.49 FEET; THENCE RUN NORTH 87026'41" EAST, A
DISTANCE OF 660.89 FEET; THENCE RUN SOUTH 02045'35" WEST, A DISTANCE OF 830,90
FEET TO THE SAID POINT OF BEGINNING.
CONTAINING 1,632,462.26 SQUARE FEET OR 37.48 ACRES OF LAND, MORE OR LESS.
ALSO INCLUDING THE FOLLOWING DESCRIBED LANDS:
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, FOR A POINT OF BEGINNING AND RUN NORTH 02048'47"
EAST ALONG THE WEST LINE OF SAID SECTION 32, A DISTANCE OF 2,394.57 FEET; THENCE
RUN NORTH 59056'01" EAST, A DISTANCE OF 2,041.35 FEET TO AN INTERSECTION WITH THE
SOUTHWESTERLY UNE OF "TRAIL ACRES UNIT 2", A SUBDMSION AS RECORDED IN PLAT
BOOK 4, PAGE 62 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN
SOUTH 39003'07" EAST ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 1,309,16 FEET
TO THE MOST SOUTHERLY CORNER OF SAID "TRAIL ACRES UNIT 2"; THENCE RUN NORTH
50055'09" EAST ALONG THE SOUTHEASTERLY LINE OF SAID "TRAIL ACRES UNIT 2", A
DISTANCE OF 762.41 FEET; THENCE RUN SOUTH 39004'51" EAST, A DISTANCE OF 430.46
FEET; THENCE RUN NORTH 50058'21" EAST, A DISTANCE OF 199.96 FEET TO AN
INTERSECTION WITH THE SOUTHWESTERLY LINE OF "TRAIL ACRES UNIT 3", A
SUBDMSION AS RECORDED IN PLAT BOOK 3, PAGE 94 OF SAID PUBLIC RECORDS; THENCE
RUN SOUTH 39001 '39" EAST ALONG SAID SOUTHWESTERLY LTh'E, A DISTANCE OF 962,19
FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID "TRAIL ACRES UNIT 3";
THENCE RUN SOUTH 87034'19" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF
1,003,95 FEET TO THE SOUTHEAST CORNER OF SAID "TRAIL ACRES UNIT 3" AT AN
INTERSECTION WITH THE EAST LINE OF SAID SECTION 32; THENCE RUN SOUTH 02032'54"
WEST ALONG SAID EAST LINE, A DISTANCE OF 1,912.12 FEET TO THE SOUTHEAST CORNER
OF SAID SECTION 32; THENCE RUN NORTH 89040'29" WEST ALONG THE SOUTH LINE OF
SAID SECTION 32, A DISTANCE OF 2,028.44 FEET TO A POINT ON A NON-TANGENTIAL
CURVE CONCA VE NORTHEASTERLY AND HAVING A RADillS OF 70.02 FEET, A CENTRAL
ANGLE OF 140056'28" AND A CHORD BEARING AND DISTANCE OF NORTH 19013'05" WEST,
131.98 FEET, RESPECTIVELY; THENCE RUN NORTHWESTERLY ALONG SAID CURVE, AN
ARC DISTANCE OF 172.24 FEET; THENCE RUN NORTH 57002'19" EAST ALONG A NON-
TANGENTIAL LINE, A DISTANCE OF 135.71 FEET TO A POINT ON A NON-TANGENTIAL
CURVE CONCA VE NORTHWESTERLY AND HAVING A RADillS OF 363.33 FEET, A CENTRAL
ANGLE OF 28042'48" AND A CHORD BEARING AND DISTANCE OF NORTH 48023'07" EAST,
180.18 FEET, RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC
DISTANCE OF 182.08 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADillS OF 47.39 FEET, A CENTRAL ANGLE OF 62014'39"
AND A CHORD BEARING AND DISTANCE OF NORTH 65009'02" EAST, 48.99 FEET,
RESPECTIVELY; THENCE RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE
OF 51.48 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 83043'38"
EAST, A DISTANCE OF 253.15 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE
NORTHERLY AND HAVING A RADillS OF 590.08 FEET, A CENTRAL ANGLE OF 22024'22" AND
A CHORD BEARING AND DISTANCE OF NORTH 85032'30" EAST, 229.29 FEET, RESPECTIVELY;
THENCE RUN EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 230.76 FEET TO THE
POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND
HA VING A RADillS OF 339,90 FEET, A CENTRAL ANGLE OF 22025'13" AND A CHORD
BEARING AND DISTANCE OF NORTH 63007'43" EAST, 132.16 FEET, RESPECTIVELY; THENCE
RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 133.00 FEET TO THE
POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADillS OF 132.94 FEET, A CENTRAL ANGLE OF 67048'23" AND A CHORD
BEARING AND DISTANCE OF NORTH 18000'55" EAST, 148.30 FEET,RESPECTIVELY; THENCE
RUN NORTHEASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 157.33 FEET TO THE
POINT OF TANGENCY OF SAID CURVE; THENCE RUN NORTH 15053'17" WEST, A DISTANCE
OF 176.04 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE SOUTHWESTERLY
AND HAVING A RADillS OF 192.22 FEET, A CENTRAL ANGLE OF 103026'35" AND A CHORD
BEARING AND DISTANCE OF NORTH 63040'33" WEST, 301.80 FEET, RESPECTIVELY; THENCE
RUN NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 347.05 FEET TO THE
POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 64036'09" WEST, A DISTANCE
OF 166.41 FEET; THENCE RUN SOUTH 57029'54" WEST, A DISTANCE OF 171.I4FEET; THENCE
RUN SOUTH 63004'41" WEST, A DISTANCE OF 206.49 FEET TO A POINT ON A NON-
TANGENTIAL CURVE CONCAVE NOR THERL Y AND HAVING A RADillS OF 42.11 FEET, A
CENTRAL ANGLE OF 82004'59" AND A CHORD BEARING AND DISTANCE OF NORTH 74025'38"
WEST, 55,30 FEET, RESPECTIVELY; THENCE RUN WESTERLY ALONG SAID CURVE, AN ARC
DISTANCE OF 60.33 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADillS OF 117.76 FEET, A CENTRAL ANGLE OF 76007'56"
AND A CHORD BEARING AND DISTANCE OF NORTH 72021'39" WEST, 145,22 FEET,
RESPECTIVELY; THENCE RUN NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE
OF 156,48 FEET TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADillS OF 950.00 FEET, A CENTRAL ANGLE OF 25023'32" AND A CHORD
BEARING AND DISTANCE OF SOUTH 63007'38" WEST, 417.58 FEET, RESPECTIVELY; THENCE
RUN SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 421.02 FEET; THENCE
RUN SOUTH 08044'40" WEST ALONG A NON-TANGENTIAL LINE, A DISTANCE OF 298.43 FEET
TO A POINT ON A NON-TANGENTIAL CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADillS OF 49.03 FEET, A CENTRAL ANGLE OF 67044'44" AND A CHORD BEARING AND
DISTANCE OF SOUTH 49057'11" WEST, 54.66 FEET, RESPECTIVELY; THENCE RUN
SOUTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 57.98 FEET TO A POINT ON A
NON- TANGENTIAL CURVE CONCA VE SOUTHEASTERLY AND HAVING A RADillS OF 804,93
FEET, A CENTRAL ANGLE OF 20017'19" AND A CHORD BEARING AND DISTANCE OF SOUTH
66053'34" WEST, 283.54 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID
CURVE, AN ARC DISTANCE OF 285.03 FEET TO AN INTERSECTION WITH SAID SOUTH LINE
OF SECTION 32; THENCE RUN NORTH 89040'08" WEST ALONG SAID SOUTH LINE, A
DISTANCE OF 1,006.67 FEET; THENCE RUN NORTH 00019'52" EAST, A DISTANCE OF 289.11
Agenda Item No. 170
October 24, 2006
Page 15 of 18
Agenda Item No. 170
October 24,2006
Page16of18
FEET; THENCE RUN NORTH 05002'55" EAST, A DISTANCE OF 462.73 FEET TO A POINT ON A
NON-TANGENTIAL CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
1,565.00 FEET, A CENTRAL ANGLE OF 11035'16" AND A CHORD BEARING AND DISTANCE OF
NORTH 77048'08" WEST, 315.98 FEET, RESPECTIVELY; THENCE RUN NORTHWESTERLY
ALONG SAID CURVE, AN ARC DISTANCE OF 316.51 FEET; THENCE RUN SOUTH 47014'49"
WEST ALONG A NON-TANGENTIAL LINE, A DISTANCE OF 172.41 FEET TO THE POINT OF
CUR VA TURE OF A CURVE CONCA VE SOUTHEASTERLY AND HAVING A RADIUS OF 84.23
FEET, A CENTRAL ANGLE OF 60028'10" AND A CHORD BEARING AND DISTANCE OF SOUTH
17000'44" WEST, 84.82 FEET, RESPECTIVELY; THENCE RUN SOUTHWESTERLY ALONG SAID
CURVE, AN ARC DISTANCE OF 88.89 FEET TO THE POINT OF TANGENCY OF SAID CURVE;
THENCE RUN SOUTH 20042'02" EAST, A DISTANCE OF 55,08 FEET TO THE POINT OF
CURV A TORE OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 222.17
FEET, A CENTRAL ANGLE OF 15058'21" AND A CHORD BEARING AND DISTANCE OF SOUTH
12042'51" EAST, 61.73 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID
CURVE, AN ARC DISTANCE OF 61.94 FEET TO THE POINT OF TANGENCY OF SAID CURVE;
THENCE RUN SOUTH 00058'35" WEST, A DISTANCE OF 145,60 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 291.48
FEET, A CENTRAL ANGLE OF 35050'55" AND A CHORD BEARING AND DISTANCE OF SOUTH
16056'52" EAST, 179.41 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID
CURVE, AN ARC DISTANCE OF 182.37 FEET TO THE POINT OF TANGENCY OF SAID CURVE;
THENCE RUN SOUTH 30040'40" EAST, A DISTANCE OF 70,07 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 264.81
FEET, A CENTRAL ANGLE OF 29007'21" AND A CHORD BEARING AND DISTANCE OF SOUTH
16007'00" EAST, 133,15 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID
CURVE, AN ARC DISTANCE OF 134.60 FEET TO AN INTERSECTION WITH SAID SOUTH LINE
OF SECTION 32; THENCE RUN NORTH 89040'08" WEST ALONG SAID SOUTH LINE, A
DISTANCE OF 1,138,08 FEET TO THE POINT OF BEGINNING.
CONTAINING 12,719,677 SQUARE FEET OR 292,00 ACRES, MORE OR LESS.
RESOLUTION 2006 -_
Agenda Item No. 70
October 24,2 06
Page 170 18
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RENAMING THE PORTION OF
TREVISO BAY BOULEVARD, DEPICTED IN EXHIBIT "A" ATI'ACHED
HERETO, TO CORSO BELLO DRIVE, LOCATED WITIDN THE
TREVISO BAY SUBDIVISION IN SECTION 32, TOWNSIDP 50 SOUTH,
RANGE 26 EAST, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 336.05, Florida Statutes, has conferred on all counties in Florida the
power to name or rename streets and roads, except for certain stale roads; and
WHEREAS, Ordinance 2003-14, codified as Chapter 22, Article X, of the Code of Laws
and Ordinances of Collier County, Florida, established criteria and procedures to rename streets
or roads; and
WHEREAS, Johnson Engineering, Inc., agent for petitioner Treviso Bay Development,
LLC, has applied to rename the portion of Tleviso Bay Boulevard depicted in Exhibit "A"
attached hereto, to Corso Bello Drive pursuant to the procedures set forth in Section 22-360 of
the Code of Laws and Ordinances. This street is depicted in the plat of Treviso Bay, recorded in
Plat Book 45, Pages 14 through 24 of the Public Records of Collier County, Florida, and located
in Section 32, Township 50 South, Range 26 East; and
WHEREAS, after notice pursuant to said procedures being made and provided, the Board
of County Commissioners held a public hearing to consider the application and determined that
all criteria set forth in Chapter 22, Article X, of Code of Laws and Ordinances had been met,
specifically finding that there is no other street in Colliel County with the same name or any
similar sounding name,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Effective this date of hearing, the portion of Treviso Bay Boulevard depicted in Exhibit
"A" attached hereto and made a part hereof, and located within the plat of Tleviso Bay,
as recorded in Plat Book 45, Pages 14 through 24 of the Public Records of Collier
County, Florida, is hereby changed to Corso BeUo Drive and is confirmed as such.
2, This Resolution shall be recolded in the Public Records of CoUier County, Florida, and
noted upon the appropriate zoning atlas of Collier County, and notations made on the
referenced plat.
This Resolution adopted after motion, second and super-majority vote favoring same, this
_ day of
,2006,
A TrEST:
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, Chairman
Agend . Item No. ~ 70
o tober 24,2006
i'l Page 18 oj 18
1
'-r! l!'
.-- ICIoLE FDJ
NAPLES ~OR
Rename this portion of
~;:;~~o~:~ _
V
Exhibit" A"
Agenda Item No. 17E
October 24, 2006
Page 1 of 17
Executive Summarv
Recommendation that the Board of County Commissioners adopt 1) a Resolution revising
the Collier County Water-Sewer District Utilities Standards Manual and 2) an Ordinance
amending the Collier County Utilities Standards and Procedures Ordinance, Project
Number 70202
OBJECTIVE: The public purpose is to provide for a technically viable and current Collier
County Water-Sewer District Utilities Standards Manual (SM) and Ordinance that govern the
installation of sustainable and safe utilities infrastructure within the County.
CONSIDERATIONS: The Utilities Standards and Procedures Ordinance outlines County
procedures and guidelines for the design and construction of both County-Constructed and
Privately-Constructed Utilities Systems in Collier County, The SM, which is an integral part of
the Ordinance, provides engineering as well as drawing detail sheets for components of utility
systems. Staff seeks to incorporate in the SM the input of the development community
(engineers and contractors) along with input from the County Public Utilities water and
wastewater operators to promote optimal and reliable operation and maintenance of utilities
infrastructure. Both of these groups, as well as the Public Utilities Engineering Department and
the Community Development and Environmental Services Engineering Review Services
Department are represented at monthly utilities subcommittee meetings.
The ftrst Utilities Standards and Procedures Ordinance, Ordinance No. 88-76, was adopted in
1988. It has been amended by the Board on several occasions, with the latest amendment on
May 11,2004. On that date, the BCC adopted the Utilities Standards and Procedures Ordinance,
Ordinance No. 2004-31, as well as the first edition of the SM.
The Utilities Code Subcommittee (Subcommittee) of the Development Services Advisory
Committee (DSAC) consists of members from the Public Utilities Division, the Community
Development and Environmental Services Division, and representatives from the construction
and development industry. Over the past year this Subcommittee has performed reviews of the
SM revisions and the ordinance, and on August 15, 2006, voted to approve the 2006 SM. On
September 6, 2006, the full DSAC approved the 2006 SM and minor ordinance amendment.
The Resolution revising the Collier County Water-Sewer District Utilities Standards Manual and
the Ordinance amending the Collier County Standards and Procedures Ordinance, drafted by the
Public Utilities Project Manager and the Assistant County Attorney, have been advertised in the
Naples Daily News on September 29, 2006.
A strike-through version of the revised Utilities Standards Manual was provided to each of the
Commissioners.
FISCAL IMPACT: There is no ftscal impact related to this action.
GROWTH MANAGEMENT IMPACT: This project is consistent with the 2005 Water and
Wastewater Master Plan Updates adopted by the BCC on June 6, 2006 as Agenda Item 10.B.
Executive Summary
Collier County Water-Sewer District Utilities Standards Manual Update Project
Page 2
Agenda Item No. 17E
October 24, 2006
Page 2 of 17
RECOMMENDATION: That the Board of County Commissioners adopt 1) a Resolution
revising the Collier County Water-Sewer District Utilities Standards Manual and 2) an
Ordinance that amends Ordinance 2004-31.
PREPARED BY: Paulus R. Kwa, P.E., PMP, Project Manager, Public Utilities Engineering
Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17E
October 24, 2006
Page 3 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17E
This item was continued from the October 10, 2006 BCC Meeting. Recommendation that the
Board of County Commissioners adopt 1) a Resolution revising Ihe Collier County Water-
Sewer District Utilities Standards Manual and 2) an Ordinance amending the Collier County
Utilities Standards and Procedures Ordinance, Project Number 70202.
10/24/20069:0000 AM
Date
Prepared By
Paul Kwa
Public Utilities
Project Manager
Public Utilities Engineering
9/13/20069:19:19 AM
Date
Approved By
POrfirio E. Gramatges, P.E.
Public Utilities
Sr. Project Manager
Public Utilities Engineering
9/15/20069:14 AM
Date
Approved By
Roy B. Anderson, P.E.
Public Utilities
PubliC Utilities Engineering Director
Public Utilities Engineering
9/21/2006 7:29 PM
Date
Approved By
Thomas Wides
Public Utilities
Operations Director
Public Utilities Operations
9/22/20068:31 AM
Date
Approved By
Pamela Libby
Public Utilities
Water Operations Manager
Water
9/22/2006 8:33 AM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
9122/2006 9:41 AM
Date
Approved By
G. George Yilmaz
Public Utilities
WasteWater Director
WasteWater
9/22/200610:52 AM
Date
Approved By
Ron Molly
Public Utilities
Operations Manager
Wastewater
9122/2006 10:55 AM
Date
Approved By
James W. Delany
Public Utilities
Public Utilities Administrator
Public Utilities Administration
10111/20062:53 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
10/12/20067:50 AM
Date
Approved By
Randy Greenwald
County Manager's Office
ManagementiBudget Analyst
Office of M anagernent & Budget
10/1212006 9:04 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
10113/2006 11 :39 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/131200611:51 AM
Agenda Item No. 17E
October 24, 2006
Page 4 of 17
ORDINANCE NO. 2006-
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING
SUBSECTIONS 10.4.2 AND 10.4.3 OF COLLIER COUNTY ORDINANCE NO.
2004-31, AS AMENDED, THE COLLIER COUNTY UTILITIES STANDARDS
AND PROCEDURES ORDINANCE, REGARDING FILING RECORD
DRAWINGS AND DIGITAL FilES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF lAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Subsections 10.4,2 and 10.4.3 of Collier County Ordinance No.
2004-31, as amended, the Collier County Utility Standards and Procedures
Ordinance, specify requirements that apply to the form and content of filing digital
files and record drawings; and
WHEREAS, staff is recommending that these specifics be removed from the text
of the Ordinance and concurrently be incorporated into the Utility Standards
Manual because the Manual can be amended by Resolutions of the Board of
County Commissioners without amending any Ordinance; and
WHEREAS, the Board of County Commissioners agrees with staff's
recommendation.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Subsections 10.4.2 and 10.4.3 in Ordinance No. 2004-31, as
amended, the Collier County Utility Standards and Procedures Ordinance, are
hereby amended to read as follows:
10.4.2. Three (3) sets of signed and sealed Record Drawings for the potable
water OR non-potable irrigation water OR wastewater systems to be conveyed
shall be submitted to the County or District. If potable water AND wastewater,
and/or non-potable irrigation water systems or portion(s) thereof are being
conveyed, five (5) sets of signed and sealed Record Drawings shall be submitted
to the County staff. Each sheet of the Record Drawings shall identify the entity
that provided the record data. Drawings shall be referenced to and tie-in with the
state plane coordinate system, with a Florida East Projection, and a North
American Datum 1983/1990 (NAD83/90 datum), and with United States Survey
Feet (USFEET) units, as established by a registered Florida surveyor and
mapper. FilCls chall be submittCld in Digital Exchange File (DXF) format in
/\utoC^D Releace 14 or later version, Record dra'.\'ingc shall. be cubmittecl to the
County etaff within 60 daye of the final construGtion completion d3te.
10.4.3. The following itoms shall be accurately depicted on the Record Drawings;.
and diqital files shall be submitted in accordance with the requirements in the
Standards Manual.
a) So'::er s)'Gtem inverts, pipe slopoe, manhole rim ele'lations 3nd run lengths.
b) Sowor latorallocations stationod from the nearest downctre3m manhole,
cj Sewer main stub extension inverts at both ends, pipe elopo, run length and
location.
1
Words Underlined are added; Words 8truek Th:rough are deleted.
Agenda Item No. 7E
October 24, 2 06
Page 5 0 17
d) Tie iRe: and state plane GOeFEliRate valuos to all 'lalvet, air r-eh3aSG assemblies,
fire hydrants, manheles, elowofffi, etc.
e) leGation and dimensional ties to lift station eloGtricol services and transformer.
SECTION TWO. Conflict and Severability.
The provisions of this Ordinance shall be liberally construed to effectively carry
out its purpose in the interest of public health, safety, welfare and/or
convenience. If any section, phrase, sentence or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed separate, distinct, and an independent provision,
and such holding shall not affect the validity of the remaining portions thereof.
SECTION THREE. 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 relettered to accomplish such, and the word "ordinance"
may be changed to "section", "article", or any other appropriate word.
SECTION FOUR. Effective Date.
This Ordinance shall become effective upon being filed with the 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
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
FRANK HALAS, Chairman
Approved as to form and legal sufficiency:
By: ~V\A. PcJ~
Thomas C. Palmer,
Assistant County Attorney
2
Words Underlined are added; Words Stmek TIrrSl:1gR are deleted.
Agenda Item No. 17E
October 24, 2006
Page 6 of 17
RESOLUTION NO, 2006 - _
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, APPROVING AMENDMENTS TO THE COLLIER COUNTY
WATER-SEWER DISTRICT'S UTIT...ITIES STANDARDS MANUAL, WHICH IS AN
INTEGRAL PART OF COLLIER COUNTY ORDINANCE NO. 2004-31, THE
COLLIER COUNTY UTIT...ITIES STANDARDS AND PROCEDURES ORDINANCE,
CODIFIED IN ARTICLE III OF THE CODE OF LAWS AND ORDINANCES
(CODE); PROVIDING ADELA YED EFFECTIVE DATE
WHEREAS, in 2004 the Board of County Conunissioners (Board) adopted Collier
County Ordinance No. 2004-31, entitled the Collier County Utilities Standards and Procedures
Ordinance (the "Ordinance"), codified as Article In, Utilities Standards and Procedures, in
Sections 134-51 through 134-64 of the Code of Laws and Ordinances, and
WHEREAS, The "Collier County Water-Sewer District Utilities Standards Manual,"
(Manual) was adopted by the Board concurrently with the Ordinance, including all of the
Manual's exhibits; and
WHEREAS, after input from the stakeholders, the Development Services Advisory
Conunittee agrees with these amendments all of which have been recommended by the Utility
Code Subcommittee, staff is recommending that the Board adopt the attached Resolution to
approve these amendments to the Manual; and
WHEREAS, the Ordinance provides that revisions to the Manual are to be approved by
Resolutions of the Board; and
WHEREAS, the Executive Summary accompanying this Resolution details all significant
amendments to the Manual; and
WHEREAS, the Board accepts these recommendations to amend the Manual.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Collier County Water-Sewer District Utilities Standards Manual, as amended, is
hereby approved, The Manual, as amended, shall take effect on the 14th day of October, 2006.
This Resolution is adopted after motion, second and majority vote favoring adoption this
_ day of October, 2006.
AITEST
DWlGlIT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved as to form and legal sufficiency:
By:
Thomas C. Palmer,
Assistant County Attorney
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Agenda Item No. 17E
October 24,2006
Page 8 of 17
ATTACHMENT - SUMMARY OF REVISIONS TO THE JULY 2005 EDITION OF
THE COLLIER COUNTY UTILITIES STANDARDS MANUAL
SECTION 3 - DETAIL DRAWINGS
1. The computer format of each Detail Drawing has been revised for easier Computer Aided
Design (CAD) use.
2. All statements regarding acceptable manufacturers were changed from "or equal" to "or
County approved equal."
3. Requirements were revised for restrained pipe lengths - a new Detail Drawing specifying
new reduced lengths was created.
4. The requirements for Contractors to contact Sunshine One Call and Utility Companies
prior to excavation were clarified.
5. Nine new Detail Drawings were created for Reclaimed Water Electrical and
Instrumentation & Controls infrastructure.
6. The force main Air Release Valve Detail Drawing was revised.
7. The requirement for valves at each end of Directional Drill Piping was clarified.
8. Various Water Department-requested revisions including changes to acceptable
manufacturers and addition of a maintenance driveway at large water meters were
incorporated.
9. Sizes of grease interceptors were revised to comply with the Florida Department of Health
and the Florida Administrative Code (F.A.C.).
SECTIONS 1 & 2 - DESIGN CRITERIA and TECHNICAL SPECIFICATIONS
1. A new specification section was provided regarding Pipe Removal and Demolition.
2. A new specification section was provided regarding Record Drawings, which amplifies the
existing requirements for surveyed as-built information.
3. The possible use of butterfly valves in water mains was deleted.
SECTION 4 - APPENDICES
1. The Deviation Form (Appendix A) will be available in Microsoft Word format and will be
more easily accessible from the County website.
2. The Water Meter Sizing Form (Appendix B) was revised to comply with the Florida Building
Code.
3. A New Product Form (Appendix E) was developed for manufacturers and vendors to
submit materials and services for consideration of County approval.
The 2006 Utilities Standards Manual can be viewed at the Collier County Public Utilities web site.
A detailed list of aI/ chanqes made since Julv 2005 can be found on the fol/owinq 9 paqes.
Page 1 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 17E
October 24, 2006
Page 9 of 17
CHANGES TO STANDARD DETAILS - SECTION 3
No.
Revision
Date Comments
ALL GENERAL REVISIONS EACH DETAIL: 3/21/06 OATES ON EACH OETAIL CHANGEO TO:
(1) EACH OETAIL CHANGEO TO MOOEL
SPACE IN AUTOCAO; REVISEO: APRIL 2007
(2) ALL OETAILS PURGEO;
(3) MOVEO INSERTION PONT TO 0,0; Copy of each detail provided to DSAC
(4) SCALEO TO 8.5 BY 11 PAPER; Subcommittee meeting attendees on 3/21/06.
(5) CHECKEO FOR CONSISTENT FONT;
(6) REVISEO LAYERS ANO TEXT FOR
CONSISTENCY; ANO
(7) CORRECTEO SPELLING AND
ABBREVIATIONS.
ALL GENERAL REVISION: Replace text "gF 4/18/06 Subcommittee approval; changed Oetails G-5,
~" and "or approvod oqual" with "or NP-1, NP-4, NP-5, W-2, W-6, W-12, WW-2
County approved equal". thru WW-5, WW-6
GENERAL DETAILS
G-1 Added text to end of Note 1 3/06 Water Oept requested minor chanqe
G-2 Added Notes 4 & 5
Added text to end of Note 1 3/06 Water Oept requested minor chanqe
Deleted Notes 4 and 5 regarding steel 4/18/06 Subcommittee approval
casing and pipe class in subdivisions.
G-2A New Detail
Added steel casing to section; replaced 4/18/06 Subcommittee approval
note 4 regarding casing with new Note 4
regarding ROW permit stipulations. 5/16/06 Subcommittee approval
G-2B New Oetail
Replaced note 4 regarding casing with new 5/16/06 Subcommittee approval
Note 4 regarding ROW permit stipulations.
G-3 Removed Existinq Note 5 Ouplicate of Note 4; Note 6 became Note 5
Added Notes 6 & 7
Added to Note 1 regarding vertical
separation and revise definition of pipe
clearances between pipes
Changed Pipe Callouts in Note 2
Note 2: Revise second line in parenthesis 4/18/06 Subcommittee approval
to state "(Class 235 AWWA C-905, OR
18...)" in lieu of Class 165, OR 25.
Revised Note 2 to requires Oeviation Form 4/18/06 Subcommittee approval
if vertical clearance is less than 18 inches;
revised pipe class for PVC pipe sizes >12".
G-4 Added Note 6
Removed restrained pipe length table and 5/16/06 Subcommittee approval
associated notes to new Oetail G-10.
G-5 Added to Note 1 regarding sub-aqueous
crossings
G-6 No changes identified
G-7 No changes identified
Page 2 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 17E
October 24,2006
Page100f17
No.
Revision
Date
Comments
G-8 Revised valve distance from each end of 4/18/06 Subcommittee approval
casing to be 40 ft; valve distance less than
40 ft will require Deviation Form; Note 9
revised to require valve to isolate the HOO
G-9 Added Note 6 to revise valve distance from 4/18/06 Subcommittee approval
each end of casing to be 40 ft; valve
distance less than 40 ft will require
Deviation Form; valves to isolate the HOO
G-9A Delete old Detail and substitute new Oetail
G-10 New Oetail for Restrained Pipe Lengths; 5/16/06 Subcommittee approval; restrained pipe
revised pipe lengths lengths previously shown on G-4; required
pipe lengths re-calculated and revised.
NON-POTABLE WATER DETAILS
~ Detail is deleted; not needed
N,Q4 Revise motor actuated valve to be 5/16/06 Subcommittee approval
NP-1 open/close rather than modulating
~ Oetail is deleted; covered in NP Electrical
Oetails
~ Revise to show long service and short 7/18/06 Subcommittee approval
NP-2 service tubing sizes; clarify meter and valve
by customer
~ Probable future deletion of old Detail and 8/15/06 Change to OetaillD number only
NP-3 substitute new Oetail; No changes at this
time
NON-POTABLE WATER DETAILS: ELECTRICAL & INSTRUMENTATION
NP-E1 Nine new drawings prepared by Oennis 10/18/05 OSAC Subcommittee approval; these
thru McGee for incorporation into the Manual. drawings address irrigation/reclaimed water
NP-E9 These drawings will be available on the connections with open/closed valves are
website in two formats, AutoCAO 11" by currently not available to the public.
17" OWG format and Adobe 8.5" by 11"
POF format. 4/24/06 Revised Orawings (Standard Oetails) are
approved by PUED.
5/16/06 Subcommittee approval
WATER DETAILS
W-1 Oeleted text "Megalug" 4/18/06 Subcommittee approval
W-2 Callout flushing device model
Change % stone to #57 stone 3/06 Water Oept requested minor change
Added text to end of Note 6 3/06 Water Oept requested minor change
Delete Note 6 7/18/06 DSAC Subcommittee approval
W-3 Changed Note 3 to reflect use of SS or 8/16/05 OSAC Subcommittee approval
ductile iron saddles for all sizes
Oeleted text "Meqalug" 4/18/06 Subcommittee approval
W-4 Added to Note 4 regarding asbestos
cement pipe
Remove Febco as approved BFP supplier 3/06 Water Oept requested minor change
and substitute Ames
Changed Note 3 to reflect use of SS or 8/16/05 OSAC Subcommittee approval
ductile iron saddles for all sizes
Deleted text "Meqaluq" 4/18/06 Subcommittee approval
Page 3 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 17E
October 24,2006
Page 11 of 17
No.
Revision
Date Comments
W-5 Chanaed Pedestal Callout
Add ARI 0-040 as equal for air release 8/16/05 OSAC Subcommittee approval
valve
Removed "or approved equal" from ARV
callout
Revised Elbow Callout
Chanae 7::1 stone to #57 stone 3/06 Water Oept reauested minor chanae
W-6 Added reinforcing and depth to concrete 3/06 Water Oept requested minor change
collar
W-7 Changed Note 7 to reflect use of SS or 8/16/05 OSAC Subcommittee approval
ductile iron saddles for all sizes
Oeleted text "MeQaluQ" 4/18/06 Subcommittee approval
W-8 Corrected spellinQ of Conbraco 3/06 Water Oept reauested minor chanae
Remove Febco as approved supplier and 3/06 Water Oept requested minor change
substitute Ames
Add Note 7 requiring a 7::I-inch bypass flow 3/06 Water Oept requested minor change
meter
W-9 Remove Febco as approved supplier and 3/06 Water Oept requested minor change
substitute Ames
Oeleted text "MeQalua" 4/18/06 Subcommittee approval
W-9A New Oetail: Temporary water/fire supply 8/15/06 OSAC Subcommittee approval
with compact backflow preventer
W-10 Remove Febco as approved supplier and 3/06 Water Oept requested minor change
substitute Ames
Add ARI 0-040 as equal for air release 8/16/05 Implied by OSAC Subcommittee approval of
valve W-5: Water Oept reauested minor chanae
Note 11 : Remove reference to A.M.R. 3/06 Water Oept requested minor change
meter
Oeleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval
stainless steel
W-10A Old Oetail deleted in its entirety; see new 3/06 Water Oept requested minor change
Oetail
Rotated valve assembly to indicate proper 3/06 Water Oept requested minor change
flow
Added flanged strainer upstream of valve 3/06 Water Oept requested minor change
assemblv
Changes sizes from 4" to 8" to be 4" thru 4/18/06 Subcommittee authorization for Hole Montes
10" research and revision
W-11 Remove Febco as approved supplier and 3/06 Water Oept requested minor change
substitute Ames
Oeleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval
stainless steel
W-11A Added flanged strainer upstream of valve 3/06 Water Oept requested minor change
assemblv
Add Note 10 requiring a 7::I-inch bypass 3/06 Water Oept requested minor change
flow meter
Change size from 8" only to be 4" thru 10" 4/1-8/06 Subcommittee authorization for Hole Montes
research and revision
W-118 Oetail to be deleted as product no longer 3/06 Water Oept requested minor change
available
W-12 Note 4.0 revised to have one size clearly 4/18/06 Subcommittee approval
stated for both lona and short services;
Page 4 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 17E
October 24,2006
Page 12 of 17
No.
Revision
Date
Comments
revise corp stop and tubing sizes; remove 7/18/06 Subcommittee approval
strainer from meter box detail; shown RPZ
device and gate valve by customer
W-13 Removed ASS compound meter and
inserted AMCO C3000
Compound Meter callouts revised
Added 8" Flanqed Tee & Cap Callout
Clarified wording to Notes 4, 5, 6, & 10 Intent of wording not changed,
Note 11 Added
Notes 10 and 11 removed 3/06 Water Dept requested minor chanqe
Remove Febco as approved BFP supplier 3/06 Water Oept requested minor change
and substitute Ames
Oeleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval
stainless steel; add info for concrete slab
rebar and size; clarify Note 6 as follows:
add "from the meter assembly" after the
word "equipment"; Delete Note 9 regarding
auto meter reader
W-14 Remove Febco as approved supplier and 3/06 Water Oept requested minor change
substitute Ames
Added new Note 8 requiring epoxy lining to 3/06 Water Oept requested minor change
strainer
Oeleted previous Notes 8 and 9 3/06 Water Oept requested minor change
Oeleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval
stainless steel; add info for concrete slab
rebar and size; clarify Note 6 as follows:
add "from the meter assembly" after the
word "equipment"
W-14A New Oetail: Maintenance parking at water 8/15/06 OSAC Subcommittee approval
meters 6" and over
W-15 Remove Febco as approved supplier and 3/06 Water Oept requested minor change
substitute Ames
Added new Note 8 requiring epoxy lining to 3/06 Water Oept requested minor change
strainer
Oeleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval
stainless steel; add info for concrete slab
rebar and size; add qauge cock & snubber
W-16 Remove Febco as approved supplier and 3/06 Water Oept requested minor change
substitute Ames
Oeleted text "Megalug"; pipe supports to be 4/18/06 Subcommittee approval
stainless steel; add info for concrete slab
rebar and size; slab width to be 6 ft; add
gauge cock & snubber
W-16A Oetail to be deleted 3/06 Water Oept requested change
WASTEWATER DETAILS
WW-1 Oeleted text "Meqaluq" 4/18/06 Subcommittee approval
WW-2 No changes identified
WW-3 Remove Ram-Nek joint callout at rim and 4/26/05
cover of manhole
Add text to rim callout regarding elevation
in unpaved areas
Added note to Section: Pipe shall be
Page 5 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 17E
October 24, 2006
Page 13 of 17
No.
Revision
Date Comments
beveled or square
Added 304 SS Inflow Protector
Added "Or County approved equal" to 4/26/05
Cretex chimnev seal
Revise to eliminate manhole in unpaved 5/16/06 Subcommittee approval
area
WW-4 Added "Or County approved equal" to 4/26/05
Cretex chimney seal
Add text to rim callout regarding elevation
in unpaved areas
Added 304 SS Inflow Protector
Added note to Section: Pipe shall be
beveled or square
Removed Ram-Nek joint callout at rim & 4/26/05
cover
Revise to eliminate manhole in unpaved 5/16/06 Subcommittee approval
area
WW-5 Added "Or County approved equal" to 4/26/05
Cretex chimney seal
Add text to rim callout regarding elevation
in unpaved areas
Added 304 SS Inflow Protector
Added note to Section: Pipe shall be
beveled or square
Removed Ram-Nek joint callout at rim & 4/26/05
cover
Revise to eliminate manhole in unpaved 5/16/06 Subcommittee approval
area
WW-6 Added 304 SS Inflow Protector
Revised note on cast iron frame to state 4/18/06 Subcommittee approval
"...frame on concrete to be... "
Manhole ring and cover revised to only in 5/16/06 Subcommittee approval
paved areas and flush with pavement
WW-7 Pipe supports in vault to be stainless steel 4/18/06 Subcommittee approval
WW-8 Added Electrical Oisconnect to Control
Panel
Number of Intake Lines Removed from
Odor Control Table
Removed most of Note 5 on control panel
and made reference to technical specs
Added Note 15
WW-8A New Oetail
WW -88 New Oetail
WW-9 Added text "Installed In Conduit" to ground
rod
Added Note 5
WW-10 Revised 2' dimension shown for C.O. 5/16/06 Subcommittee approval
height to be at time of preliminary utility
inspection; C.O. to be lowered to finish
grade at time of plumber's tie-in; revise
offset from ROW line to be 3"-12"
WW-11 No changes identified
WW-12 Revised 2' dimension shown for C.O. 5/16/06 Subcommittee approval
Page 6 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 17E
October 24, 2006
Page 14 of 17
No.
Revision
Date Comments
height to be at time of preliminary utility
inspection; C.O. to be lowered to finish
grade at time of plumber's tie-in; revise
offset from ROW line to be 3"-12"
WW-13 Remove Ram-Nek joint from rim callout
Changed Riser Ring callout
Chanqed Grout to Ram-Nek
Removed "or approved equal" from ARV
Major revisions to piping and structure to 4/18/06 Major revision approved by DSAC
allow 30" cover of pipe; Oetail only Subcommittee
applicable in unpaved areas; top of
structure to be approx 2" above adjacent
grade and have slope to top
WW-14 Removed "EFF" from frame & cover callout
Removed "effluent main" from pipe callout
Added ** Note on Oeviation
Oelete old Oetail; new detail is similar to 4/18/06 Major revision approved by OSAC
revised WW-13 except Oetail is applicable Subcommittee
for paved areas
WW -15 No changes identified
WW-16 Revised 2' dimension shown for C.O. 5/16/06 Subcommittee approval
height to be at time of preliminary utility
inspection; C.O. to be lowered to finish
grade at time of plumber's tie-in; revise
offset from ROW line to be 3"-12"
WW-17 Revised antenna base to be designed by 7/18/06 Subcommittee approval
FL P ,E. to current Buildinq Code
Add note clarifying telemetry is not required 9/06/06 OSAC approval
for privately owned and maintained stations
WW-18 Removed "Consult with Collier County Staff
for" in Note 0
Revised structural design criteria; added 5/16/06 Subcommittee approval subject to approval of
design submittal by PE; added witnessed Millie Kelley with Wastewater Oept; approval
leakage test; revised depth of liquid; received 6/1/06.
revised structural connections at piping;
revised table of acceptable sizes
Re-evaluate structure wall and slab 8/15/06 OSAC Subcommittee approval
thickness; revised to 6 inches minimum;
eliminate proposed Notes 1 and 2.
WW-18A No chanqes identified
CHANGES TO TECHNICAL SPECIFICATIONS - SECTION 2
Additions to text from Section 2 are shown in bold print, and deletions are shown with strike-through.
No.
Revision
Date
Comments
All Replace text "or I3qual" and "or 3pprovod 8qual" with "or 5/16/06 Subcommittee approval based
Sections County approved equal". on PUED request to clarify use
of or equal suppliers; Total of
27 locations in Technical
Sections 02226, 02400, 02607,
02622, 02630, 02650, 02675,
Page 7 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 17E
October 24,2006
Page 15 of 17
No.
Revision
Date
Comments
02700, 13511, 15100 and
15110
01026 Measurement and Payment Section, Subtitle, Page 1: 5/16/06 Subcommittee approval
Replace "(I\pplieEl enly to Collier County UtilitioEl Projecte
or If/erkEl, not to Priv3te DevelopmentE: and not to Collior
C9b1nty Tram;pert3ti9n Proj9~tE: )" with the following
"(Applies only to Collier County Public Utilities
Projects or Works and Utilities Portions of Collier
County Transportation Projects, but not to Private
Developments )"
01045 Paragraph 1.3.F, Page 2: 3/21 /06 OSAC Subcommittee approval
(1) Insert following text after end of third sentence "Before to correctly identify the firm and
commencement of any excavation, the existing phone numbers for contractors
underground utilities in the area affected by the work must to call prior to any excavation.
be marked by Sunshine One Call after proper notification
to them by either calling 800/432-4770 or email 5/16/06 Subcommittee approval
www.callsunshine.com. Before commencing excavation
for the work, potholing of all potential conflicts must be
performed. "
(2) Insert the following text prior to the last sentence "In
the event the potholing and/or vacuum soft dig does not
locate the marked utility, work must be stopped and the
affected utility owner contacted."
01090 Paragraph 1.5, Page 5: Add following text to include two 5/16/06 Subcommittee approval
additional reference books:
T. Metcalf and Eddy, Wastewater Engineering
Treatment and Reuse, 4th Edition, McGraw-Hili,
2002.
U. Water Environment Federation, Manual of
Practice No. 11, Operation of Municipal
Wastewater Treatment Plants, 601 Wythe Street,
Alexandria, VA 22314-1994
01600 Paragraph 1.3.A.1.a, Page 3: Revise as noted: "Where 5/16/06 Subcommittee approval based
request is directly related to an "or County approved on PUEO request to clarify use
equal" clause or other language of same effect in of or equal suppliers
Specifications."
01600 Paragraph 1.3.A.2.c, Page 3: Revise as noted: II "Or 5/16/06 Subcommittee approval based
County Approved Equal": For equipment or materials on PUEO request to clarify use
specified by naming one or more equipment of or equal suppliers
manufacturer(s) and "or County approved equal", submit
request for substitution and approval for any equipment or
manufacturer not specifically named."
01750 Add new Specification Section, Record Orawings. 8/15/06 OSAC Subcommittee approval
02210 Add new Section, Pipe Removal and Abandonment 7/18/06 Subcommittee approval
02226 Paragraph 3.1.B.1, Page 4: Revise third line as noted 5/16/06 DSAC Subcommittee approval;
"Use skids installed 7 foot or lace on oontor with 6 ft to 10 revised spec to conform to Std
Page 8 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 17E
October 24, 2006
Page 16 of 17
No.
Revision
Date
Comments
ft spacing as recommended by the manufacturer." Oetail 8-5
02622 Paragraph 1.3, Pages 2 and 3: Oelete paragraphs A, 8 3/21/06 OSAC Subcommittee approval;
and C in their entirety and replace with same paragraphs this change corrects error in
from 2004 Standards Manual. This substitution correctly PVC pipe pressure classes
requires pipe not under pavement to be SOR 18 (4"-12") made in 2005 Manual and
and 25 (14"-24") and pipe under pavement to be SOR 14 substitutes 2004 Manual
and 18 for same sizes. version.
02622 Paragraph 1.3.8, Page 2: Revise text in twelfth line 8/16/05 OSAC Subcommittee approval
"...Romac "Grip Ring: Sigma or Star restraint." of Sigma as acceptable
supplier
02622 Paragraph 2.1.L.1, Page 5: Revise text in second line 8/16/05 OSAC Subcommittee approval
"...Uniflange, Sigma or Star restraint." of Sigma as acceptable
supplier
02630 Paragraph 2.5.F.1, Page 7: Revise text in third line 8/16/05 OSAC Subcommittee approval
"... Romac Industries, Sigma or Star Restraint." of Sigma as acceptable
supplier
02650 Paragraph 3.2.0,1, Page 9, Revise test in fourth and fifth 5/16/06 OSAC Subcommittee approval;
lines "... marking tape shall be installed two feet (2') The same change is noted
below grade ono foot (1 ') 3bo,/Q top of pipe during backfill below in Section 1, Design
operations... " Criteria.
15100 Paragraph 2.3.C, Pages 4 and 5: Delete entire paragraph 8/16/05 DSAC Subcommittee approval;
of subsection C, which allows underground butterfly Water Oept request to remove
valves. To accommodate deletion of paragraph .C, revise butterfly valves as an
subsection letters starting with 0 on page 5 through H on acceptable product for use in
page 8. water mains.
CHANGES TO DESIGN CRITERIA & APPENDICES - SECTIONS 1 & 4
Additions to text from Sections 1 and 4 are shown in bold print, and deletions are shown with strike-
through.
No.
Revision
Date
Oesign Paragraph 1 .1 , Page 1, Revise text in fourth line of last sub-paragraph as noted: 5/16/06
Criteria - ".. .placed in the pipe trench two feet (2') below grade or one-half the pipe's bury,
Section 1 whichever is less, one foot (1 ') 3bo'/o top of pipe and labeled.... "
Oesign Paragraph 1.2.2, Page 3, Add following text to the end of the first sub-paragraph: "Water 8/15/06
Criteria - mains shall not be placed beneath any existing or proposed building structure."
Section 1
Oesign Paragraph 1.2.3, Page 4: Revise twelfth line as noted "...thickness Class 200 AWWA 5/16/06
Criteria - C900 PVC pipe, Class 235.:t-ge- AWWA C905 PVC.,. "
Section 1
Page 9 of 10
CHANGES SINCE THE JULY 2005 EDITION OF THE
COLLIER COUNTY UTILITIES STANDARDS MANUAL
Agenda Item No. 17E
October 24, 2006
Page 17 of 17
No.
Revision
Date
Oesign Paragraph 2.1.4, Page 11, Revise as noted: "All sewer lateral ends shall be provided with 5/16/06
Criteria - a 3M or County approved equal magnetic marker."
Section 1
Oesign Paragraph 2.1.4, Pages 11 and 12: Revise to allow laterals larger than six inches. 8/15/06
Criteria -
Section 1
Oesign Paragraph 2.2.1, Page 12, Revise text in third and fourth lines of last sub-paragraph as 5/16/06
Criteria - noted: "...placed in the pipe trench two feet (2') below grade or one-half the pipe's
Section 1 bury, whichever is less, one foot (1 ') 3BOVO top of pi po and labeled...."
Oesign Paragraph 2.2.2, Page 13, Add following text to the end of the last sub-paragraph: "Force 8/15/06
Criteria - mains shall not be placed beneath any existing or proposed building structure."
Section 1
Appendix A Revise signatures required for Oeviation Forms as requested by Water Oept and 5/16/06
Wastewater Oepartments; Add Reclaimed/lrrigation Water to subtitle of Water Oeviation
Form; General revisions to Wastewater Oeviation Form as requested by Wastewater
Oepartment; Oeviation Forms to be accessible on the website without downloading the
entire technical standards.
Appendix B General revisions to the water meter sizing to conform to the Florida Building Code 8/15/06
Appendix 0 Minor changes to Utilities Conveyance Checklist; Added (a) testing of telemetry, (b) 8/15/06
pressure testing of irrigation mains, (c) certification of irrigation facilities within right-of-way,
and (d) OEP certification for irrigation facilities.
Note:
Some changes to Detail Drawings, Section 3, do not have a date identified. These changes were
brought to the attention of the Project Manager and Hole Montes at various times between July,
2005 and March, 2006 in response to review comments from Wes Hill of the Collier County
Community Development and Engineering Services Division Engineering Services Department.
Page 10 of 10