Agenda 03/13/2007 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
March 13,2007
9:00 AM
Jim Coletta, Chairman, District 5
Tom Henning, Vice- Chairman, District 3
Donna Fiala, Commissioner, District 1
Frank Halas, Commissioner, District 2
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. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,
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.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112,
(239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
Page 1 of 9
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Dr. Craig Nelson, East Naples United Methodist Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure
provided by Commission members for consent and summary agenda.)
B. February 8, 2007 - District 5 Town Hall Meeting
C. February 13,2007 - BCC/Regular Meeting
D. February 22, 2007 - BCC/Congressman Mack Roundtable Discussion
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
1. Presentation of the Advisory Committee Outstanding Member Award to William H.
Poteet, Jr., Chairman, Conservation Collier Land Acquisition Advisory Committee.
4. PROCLAMATIONS
A. Proclamation designating Florida Surveyors Week as March 13 through March 19, 2007.
Florida Surveyors Week recognizes the many contributions and the continual dedication of
surveyors to the citizens of Florida and the United States. To be accepted by Mr. David J.
Hyatt, PSM, State Board of Directors, Florida Surveying and Mapping Society, District 5.
5. PRESENTATIONS
A. Project 66045 . Immokalee Rd. Design/Build Contractor Presentation.
6. PUBLIC PETITIONS
A. Public Petition request by Connie Stegall-Fullmer to discuss County Development Standards
and Zoning Variance Procedures.
B. Public Petition request by Ronald Bender to discuss side yard set back variance.
C. Public Petition request by Ovidio Pozo to discuss fence to be built behind home.
Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
Page 2 of 9
8. ADVERTISED PUBLIC HEARINGS
A. This item was continued from the January 23,2007 BCC meeting. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission members. DOA-
2005-AR-8543: Airport Road Limited Partnership, represented by Karen Bishop, of PMS, Inc.,
and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment to
the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an
increase in the maximum development area of 957,000 square footage (further limited to
707,000 square feet of retail and 250,000 square feet of office), to a maximum total of
1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000
square feet of office use); extend the buildout date from October 15, 2005 to October 15,
2010. The subject 148.99 acres, is located along the west side of Airport-Pulling Road,
parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of
Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida
(Companion to Petition PUDZ-A-AR-8550).
B. This item was continued from the January 23, 2007 BCC meeting. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission members.
PUDZ-A-2005-AR-8550: Airport Road Limited Partnership, represented by Karen Bishop, of
PMS Inc., of Naples and Richard Yovanovich, of Goodlette, Coleman and Johnson,
requesting an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised
in Ordinance No. 94-25, to allow an increase in the maximum development area of 957,000
square footage (further limited to 707,000 square feet of retail and 250,000 square feet of
office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of
retail space and 75,000 square feet of office use); extend the buildout date from October 15,
2005 to October 15,2010. The subject 148.99 acres, is located along the west side of Airport-
Pulling Road (CR 31), parallel to and approximately 1,600 feet north of Pine Ridge Road (CR
896); and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25
East, Collier County, Florida. (Companion to Petition DRIDOA-2005-AR-8543).
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Haldeman Creek Maintenance Dredging Advisory
Committee.
B. Appointment of member to the County Government Productivity Committee.
C. Appointment of member to the Golden Gate Beautification Advisory Committee.
D. Appointment of members to the Collier County Airport Authority.
E. Appointment of member to the Environmental Advisory Council.
F. Appointment of members to the Health Planning Council of Southwest Florida, Inc.
G. A resolution of the Board of County Commissioners to urge our Federal Government to take
immediate action to overhaul our immigration laws and to protect our borders.
(Commissioner Coyle)
H. A resolution of the Board of County Commissioners of Collier County, Florida to urge the
2007 Florida Legislature to renew their commitment to traffic safety and do all they can to
stop red light running. (BCC directive)
I. A resolution of the Board of County Commissioners to request that the Clerk perform an
audit of all funding in the Affordable Housing Program. (Companion Item to be heard with
KPMG audit report and management responses related to the October 18, 2006 engagement
letter between Collier County and KPMG.) This item to be heard immediately after Item 10E.
(Commissioner Henning)
Page 3 of 9
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11 :00 a.m. To review the written and oral reports of the Advisory
Boards and Committees scheduled for review in 2007 in accordance with Ordinance No.
2001-55. (Mike Sheffield, Assistant to the County Manager)
B. To seek Board approval of a Fiscal Year 2007 Budget Amendment in the amount of $625,000,
increasing the loan amount from Collier County to the Southwest Florida Expressway
Authority from $150,000 to $775,000. (Don Scott, Director, Transportation Planning and Bill
Barton)
C. Recommendation to adopt a superseding resolution authorizing the condemnation of fee
simple interests and/or those perpetual or temporary easement interests necessary for the
construction of roadway, drainage and utility improvements required for the six-lane
expansion of Collier Boulevard from U.S. 41 to Davis Boulevard. (Capital Improvement
Element No. 86, Project No. 60001). Estimated fiscal impact: $5,000,000. (Gene Calvert,
Director, Transportation/Stormwater Management)
D. Recommendation to endorse the design and construction schedule of the Lely Area
Stormwater Improvement Project (LASIP) Phase 1A; Project No. 511011. (Norman Feder,
Administrator, Transportation Services)
E. This item to be heard at 1 :00 p.m. Recommendation that the BCC accept the KPMG audit
report and management responses related to the October 18, 2006 engagement letter
between Collier County and KPMG.
F. Presentation to the Board of County Commissioners (BCC) by Mr. Greg Bello, a member of
the Goodland Preservation Coalition (GPC), pertaining to the Coalitions recommended
amendments to the Goodland Zoning Overlay (GZO) along with other associated community
data.(Joseph K. Schmitt, Administrator, Community Development and Environmental
Services Division)
G. Recommendation to approve the Southwest Florida Consortium 2007 Legislative Priorities
which will be presented by participating Commissioners in the six-county Consortium to
their respective Legislative Delegation in meetings in Tallahassee on March 22, 2007. (Debbie
Wight, Assistant to the County Manager)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board of County Commissioners instruct staff to present a
proposed Ordinance for the Boards consideration at a future date consolidating Ordinance
No. 2005-55 (Collier County Code Enforcement Board and Public Nuisance Abatement
Ordinance), Ordinance No. 1997-35 (Collier County Code Enforcement Citation Ordinance),
and Ordinance 2004-46 (Collier County Code Enforcement Special Master Ordinance), in
order to simplify the Code Enforcement process, and establishing affirmative defenses to
certain alleged code violations.
B. Board Consideration of Amendment Provisions to Collier County Ordinance No. 79-8, as
Amended, the Collier County Vessel Control Ordinance; by Amending Section Five, Speed
Limit in Certain Areas, to Establish the Speed Zones in Naples Bay and to Direct Staff to
Prepare a Waterway Permit Application.
Page 4 of 9
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will
be taken by one motion without separate discussion of each item. If discussion is desired by a
member of the Board, that item(s) will be removed from the Consent Agenda and considered
separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve the Release and Satisfactions of Lien for payments received for
the following Code Enforcement actions: Wilma Britton and Gordon & Kay Schultz, and Lyjac
Properties, LLC and the following Special Master action: FRVG, LLC.
2. Recommendation that the Board of County Commissioners determine compliance with the
requirement for open space/natural habitat preserve area as it relates to Ordinance No. 97-36,
the Cypress Wood Golf and Country Club Planned Unit Development Ordinance.
3. This item requires that ex parte disclosure be provided by Commission Members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
grant final approval of the roadway (private) and drainage improvements for the final plat of
Fiddlers Creek Phase 2A, Unit Two. The roadway and drainage improvements will be
privately maintained.
4. Recommendation to approve Commercial Excavation Permit No. 59.835 "Livingston Lakes
Commercial Excavation, located in Section 30, Township 48 South, Range 26 East to allow
for the removal of an additional 30,000 cubic yards of excavated material from the site.
5. Recommendation to approve the termination of the Cable Franchise Agreement between
Strategic Technologies, Inc., and Collier County.
B. TRANSPORTATION SERVICES
1. Recommendation to award Bid No. 07-4094 - Lely Stormwater Improvement Project Mitigation
Area: Invasive Vegetation Removal to All Florida Tree and Landscaping, in an amount not to
exceed $668,764.
2. Recommendation to approve the purchase of improved property (Parcel No. 130) which is
required for the construction of the Vanderbilt Beach Road Extension project. Project No.
60168 (Fiscal Impact: $563,500)
3. Recommendation to approve Change Order No.2 to Professional Service Agreement No. 03-
3553 in the amount of $995,500.00 with CH2MHILL, Inc., for the design of Collier Boulevard
Road Improvements from Davis Boulevard to Golden Gate Main Canal, combining this
project with FDOT Davis Boulevard Improvements and Post Design Services, Project No.
60001.
Page 5 of 9
C. PUBLIC UTILITIES
1. Recommendation to approve a Resolution authorizing the submission of a State Revolving
Fund low interest Construction Loan Application and authorizing the Loan Agreement with
the Florida Department of Environmental Protection for Collier Countys South County
Regional Water Treatment Plant (SCRWTP) 12 Million Gallons per Day (MGD) Reverse
Osmosis (RO) Expansion, Project No. 700971.
2. Recommendation to approve a Resolution authorizing the submission of a State Revolving
Fund low interest Construction Loan Application and authorizing the Loan Agreement with
the Florida Department of Environmental Protection for Collier Countys South County
Regional Water Treatment Plant (SCRWTP) 20 Million Gallons Per Day (MGD) Wellfield
Expansion. Project No. 708921.
3. Recommendation to authorize a budget amendment in the amount of $459,250 and award Bid
No. 06-3946R to D. N. Higgins, Inc. for the North County Regional Water Treatment Plant
(NCRWTP) Water Chemistry Laboratory Ventilation Improvements in the amount of $683,000;
Project 700952.
4. Recommendation to accept the South Florida Water Management District Big Cypress Basin
Local Government Agreement No. 4600000654 in the amount of $900,000 as partial funding
for the construction of the South County Regional Water Treatment Plant 20-MGD Wellfield
Expansion, Project 70892, and approve the necessary budget amendment.
D. PUBLIC SERVICES
1. Recommendation to rescind previous award to Weller Pools and award the installation of a
32" diameter Aquatube Slide at North Collier Regional Park to Varian Construction at a cost
of $76,059.
2. Recommendation to adopt a Resolution to declare a public purpose and for the solicitation,
receipt, and subsequent distribution of property donations to Collier County Domestic
Animal Services.
E. ADMINISTRATIVE SERVICES
1. Recommendation to approve submittal of an award application for the General Knowledge
Database Emergency Phone Bank Response System to the Mitretek Innovations Award in
Homeland Security Program.
2. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
F. COUNTY MANAGER
1. Recommendation to approve the submittal of a Volunteer Fire Assistance grant application to
the Florida Division of Forestry for the purchase of wild land firefighting equipment and
approve the necessary budget amendments to recognize and appropriate revenue.
2. Recommendation to approve the submittal of a Volunteer Fire Assistance Matching (50/50)
Grant offered by the Florida Division of Forestry, and approve the necessary budget
amendments to recognize and appropriate revenue in the amount of $3350.50
3. Recommendation to adopt a resolution approving amendments (appropriating grants,
donations, contributions or insurance proceeds) to the Fiscal Year 2006-07 Adopted Budget.
4. Recommendation that the Board of County Commissioners award Bid #07-4114 in the
amount of $176,425.00 for Pelican Bay Streetscape Irrigation System Phase VI to Stahlman-
England Irrigation, Inc.
Page 6 of 9
G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
1. Recommendation for the Collier County CRA Board to approve a CRA Resolution amending
the Bayshore Gateway Triangle Site Improvement Grant Program to allow for new Shoreline
Stabilization Improvement Grant and Sweat Equity Grant Programs for Fiscal Years 2008 and
2009; approve the Grant Application process; approve the form of the Grant Agreement
letters; and declare the grants as serving a valid public purpose.
2. Recommendation for the Community Redevelopment Agency to approve the purchase of a
vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA
residential infill project; to approve payment from and authorize the CRA Chairman to make a
draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount
of $90,000 plus cost and expenses to complete the sale of subject properties; and approve
any and all necessary budget amendments. Site address: Folio # 52700840000
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Henning requests reimbursement for attending a function serving a valid
public purpose; Commissioner Henning attended and spoke at the Marine Industry Member
Meeting on February 20,2007. $25.00 to be paid from Commissioner Henning's travel fund.
2. Commissioner Halas requests approval for reimbursement for attending a function serving a
valid public purpose. Attending the Third Annual Honor the Free Press Day on Wednesday,
March 14, 2007, at The Hilton Naples; $25.00 to be paid from Commissioner Halas' travel
budget.
3. Commissioner Henning requests Board approval for reimbursement payment for attending a
function serving a valid public purpose. Commissioner attended the Veteran Services
Department luncheon honoring volunteer drivers on March 7, 2007 at the Elks Lodge on
Radio Road. $16.00 to be paid from Commissioner Henning's travel fund.
4. Commissioner Coletta requests approval for reimbursement for attending a function serving
a valid public purpose. Commissioner paid in advance to attend the Breakfast Roundtable
Discussion at Moorings Park on March 5, 2007 and is requesting reimbursement in the
amount of $10.97, 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 for beverage at the 3rd Annual Marjory Stoneman
Douglas Festival on February 20, 2007 which he spoke at and is requesting reimbursement in
the amount of $5.00, 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 and speak at the Right Angle
Club at Quail Creek Luncheon on March 9, 2007 and is requesting reimbursement in the
amount of $11.00, 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 Treviso Bay "Next Best Thing" celebration on
March 2, 2007, at Treviso Bay; $10.00 to be paid from Commissioner Fiala's travel budget.
8. Commissioner Fiala requests Board approval for reimbursement for attending a function
serving a valid public purpose. Attended the Marco Island Alumni Club Monthly Luncheon on
Wednesday, February 28, 2007 at the Old Marco Inn; $22.00 to be paid from Commissioner
Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. To file for record with action as directed.
Page 7 of 9
J. OTHER CONSTITUTIONAL OFFICERS
1. To obtain board approval for disbursements for the period of February 17, 2007 through
February 23, 2007 and for submission into the official records of the board.
2. To obtain board approval for disbursements for the period of February 24, 2007 through
March 02, 2007 and for submission into the official records of the board.
3. The Finance and Accounting Department requires authorization from the Board of County
Commissioners to file an amended Internal Revenue Service 8038-G form for Commercial
Paper Loan A-25-1.
4. The Finance and Accounting Department requires authorization from the Board of County
Commissioners to file a Notice of Material Events pursuant to SEC Rule 15c2-12.
K. COUNTY ATTORNEY
1. Recommendation that the Board of County Commissioners Approve an Agreed Order for
Expert Fees in Connection with Parcels 136, 836 and 936 in the Lawsuit Styled Collier County
v. David J. Frey, et aI., Case No. 03-2353-CA (Golden Gate Parkway, Project #60027) Fiscal
Impact: $2,500.00.
2. Recommendation to approve the Offer of Judgment in the amount of $37,950 as to Parcel 134
in the lawsuit styled Collier County v. TreeSource, Inc., et aI., Case No. 02-5167-CA
(Immokalee Road Project No. 60018). (Fiscal Impact $5,857.50)
3. Recommendation to approve an Offer of Judgment in the amount of $8,500.00 as to Parcel
803 in the lawsuit styled Collier County v. James M. Brown, et aI., Case No. 06-0525-CA
(Santa Barbara Blvd. Project No. 62081). (Fiscal Impact if accepted: $3,066.91)
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 has been continued indefinitely. This item requires that all participants be sworn in
and ex parte disclosure be provided by Commission members. Recommendation to approve
Petition AVROW.2005-AR-7801, 12TH Street North disclaiming, renouncing and vacating the
Countys and the Publics interest in a 60 foot wide right of way easement, known as 12th
Street North (previously known by record plat as Second Avenue) as recorded in Plat Book 3,
Page 12, of the Public Records of Collier County, Florida, and more specifically described in
Exhibit A and to accept a drainage easement over the entire vacated area comprised of three
separate and segmented drainage easements, as depicted and described in Exhibit B, Exhibit
C and Exhibit D and a 20 foot wide access easement along the west 20 feet of the east 30 feet
of the proposed vacation area, as depicted and described in Exhibit E.
Page 8 of 9
B. This is the second hearing for this item as required by Subsection 10.03.05 E.4. of the LDC
which requires two public hearings by the BCC for rezone applications submitted by the
County. The first of the two required public hearings for this rezoning petition was held on
February 27,2007. This item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. RZ-2005-AR-7445, D. Wayne Arnold, AICP, Q. Grady
Minor and Associates, P .A. requesting a rezone from the Conservation Zoning District with
an Area of Critical State Concern and a Special Treatment Overlay (Con-ACSC/ST) and the
Village Residential Zoning District with an Area of Critical State Concern and a Special
Treatment Overlay (VR-ACSC/ST) Zoning District to the Village Residential Zoning District
with an Area Of Critical State Concern and a Special Treatment Overlay (VR-ACSC/ST -4)
Zoning District for Property Located in Sections 12 and 13, Township 52 South, Range 29
East, Collier County, Florida. (Copeland)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY
MANAGER'S OFFICE AT 774-8383.
Page 9 of 9
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
March 13. 2007
Add on Item 4B: Proclamation to recognize Collier County's Habitat for Humanity and their milestone
achievement of building 1,000 homes in Collier County. To be accepted by Sam Durso, President and CEO,
Habitat for Humanity of Collier County, and Mrs. Mary Ann Durso, Executive Director, Habitat for Humanity
of Collier County. (Commissioner Coletta's request.)
Continue Item 6A to March 27. 2007 BCC Meetina: Public Petition request by Connie Stegall-Fullmer to
discuss County Development Standards and Zoning Variance Procedures. (Petitioner's request.)
Add on Item 9J: Presentation by Dr. Leonard Ferenz, head of Ethics Department International College and
Vice President of the Character Council of Collier County, regarding the Council's achievements over the
past year and future goals for Collier County. (Commissioner Coyle's request.)
Continue Item 16B2 to March 27, 2007 BCC Meetina: Recommendation to approve the purchase of
improved property (Parcel No. 130) which is required for the construction of the Vanderbilt Beach Road
Extension project, Project No. 60168. (Fiscal Impact: $563,500) (Staff's request.)
Move Item 16B3 to 10H: Recommendation to approve Change Order No.2 to Professional Service
Agreement No. 03-3553 in the amount of $995,500 with CH2MHiII, Inc., for the design of Collier Boulevard
Road Improvements from Davis Boulevard to Golden Gate Main Canal, combining this project with FOOT
Davis Boulevard Improvements and Post Design Services, Project No. 60001. (Staff's request.)
Withdraw Item 16H2: Commissioner Halas requests approval for reimbursement for attending a function
serving a valid public purpose. Attending the Third Annual Honor the Free Press Day on Wednesday,
March 14, 2007, at The Hilton Naples; $25.00 to be paid from Commissioner Halas' travel budget.
(Commissioner Halas' request.)
Note:
Item 16E2: Under Considerations, second paragraph, last sentence should read: "These reports cover
period January 24, 2007 (rather than 2006) through February 20,2007." (Staff's request.)
Time Certain Items
Item 1 OA to be heard at 11 :00 a.m. To review the written and oral reports of the Advisory Boards and
Committees scheduled for review in 2007 in accordance with Ordinance No. 2001-55.
Item 100 to be heard at 3:30 p.m. Recommendation to endorse the design and construction schedule of the
Lely Area Stormwater Improvement Project (LASIP) Phase 1A; Project No. 511011. (Commissioner Fiala's
request.)
Item 10E to be heard at 10:30 a.m. instead of 1 :00 p.m. Recommendation that the BCC accept the KPMG
audit report and management responses related to the October 18, 2006 engagement letter between Collier
County and KPMG.
Item 91 to be heard immediatelv followina companion Item 10E: A resolution of the Board of County
Commissioners to request that the Clerk perform an audit of all funding in the Affordable Housing Program.
Item 10B to be heard at 3:00 p.m. To seek Board approval of a Fiscal Year 2007 Budget Amendment in the
amount of $625,000, increasing the loan amount from Collier County to the Southwest Florida Expressway
Authority from $150,000 to $775,000.
Agenda Item No. 3A 1
March 13, 2007
Page 1 of 5
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EXECUTIVE SUMMARY
PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER AWARD
TO BILL POTEET, CHAIRMAN, CONSERVATION COLLIER LAND ACQUISITION
ADVISORY COMMITTEE
OBJECTIVE: To recognize and reward an advisory committee member for their outstanding
and dedicated service to Collier County.
CONSIDERATIONS: On September 21,2004, the Board of County Commissioners adopted
Resolution No. 2004-280 to recognize and reward outstanding Advisory Committee members for
their significant contributions to the organization and/or community. The respective committees
nominate the outstanding Advisory Committee members and the Awards Committee (same
committee that currently selects the Employee of the Month) evaluates and selects volunteers
from the nomination forms. Nomination form included in the backup.
AWARD COMMITTEE RECOMMENDATION:
Bill Poteet, Chairman, Conservation Collier Land Acquisition Advisory Committee
FISCAL IMPACT: NONE
,,-..
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners present the Outstanding
Advisory Committee Volunteer Award to Bill Poteet for his work on the Conservation Collier
Land Acquisition Advisory Committee..
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MARCH 13. 2007
,-.
Aaenda Item No. 3A 1
~ March 13. 2007
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
31\1
Meeting Date:
Presentation of the Advisory Committee Outstanding Mernoer Avvard to William H Pcteet,
Jr , Cl1Blrman Conservation Collier Land AcquIsition Advisory Committee
3/13/2007900.00 AM
Prepared By
Sue Filson
Executive Manager to the Bee
Date
Board of County
Commissioners
Bee Office
2/26/2007 1 ;41 :32 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's OffICe
2/23/20072:03 PM
Co~y County
- ~ --
Agenda Item No. 3A 1
March 13, 2007
,_F,:age 3 of 5
R ~f:;E ._ '-
ADVISORY COMMITTEE
OUTSTANDING MEMBER
NOMINATION FORM
" ..] -'1 .3 ~=:7
:A/~~.l r::E;3;;JLt!~C:E.s
The objective of this program is to recognize significant contributions to the organization
and/or community by members of the many advisory boards and committees formed to
assist the Board of County Commissioners in carrying out their elected duties. All
committee members who have completed at least one-year volunteer service on an
advisory committee will be eligible for nomination. Please complete all sections of this
form and forward the nomination form to Human Resources.
A committee may nominate one of their members if they satisfy one or more of the
criteria listed below. The specific reasons for the nomination should be documented on
this form, under the specific criteria. Attach additional pages if necessary.
Nominee's Name: Bill Poteet, Chairman Advisory Committee: Conservation Collier
Land Acquisition Advisory Committee
Date of Appointment: 1/03 Nominator's Name: Michael Delate
Liaison: Alex Sulecki Liaison Phone: 213-2961
1) Does the member strictly follow the Ordinance creating the committee? Yes
2) Does the member have an excellent attendance record? Yes (records show 100%
attendance for 2005 and 2006.)
3) Give specific examples of exemplary volunteer service. Mr. Poteet provides
leadership as Chairman of the Committee as well as serving on the Outreach
and Referendum subcommittees. His extra hours of research and
preparation as Chairman provide an invaluable service to the rest of the
committee.
4) Describe a uniquely innovative solution to a problem. Mr. Poteet has skillfully
focused the committee to take a broad and long-term perspective to
prospective land acquisitions. He has guided the committee to achieve the
best possible geographical distribution of selected properties and has
encouraged public involvement in the selection of properties. He was a
dedicated and guiding participant in the Referendum Subcommittee, which
helped craft the clear and unambiguous language for the 2006 ballot question
that confirmed voter support for a lO-year tax-funded program, which
resulted in 82% of voter approval.
5) Detail an implementation of a recommendation that resulted in cost savings or
increased productivity. Mr. Poteet's smooth and orderly chairing of meetings
has led to more efficient review of reports and discussion of matters of
concern to the committee. In addition, Mr. Poteet's encouragement of public
. "..
Agenda Item No. 3A 1
March 13, 2007
Page 4 of 5
participation during the mee~ings is exemplary and should be used as a guide
for other county committees.
H~t,rl D-L,.:ta 1M! JC'~
,
inator's Signa
1/5/07
Date
Oi..jo~v7
D0
/' /::7
Date
The advisory committee voted
outstanding member.
to
on date to nominate member name as
Agenda Item No. 3A 1
rv1arch 13, 2007
Page 5 of 5
ADVISORY CO:MMITTEE
OUTSTANDING MEMBER
NOMINA nON FORM A TT ACHMENT
Bill Poteet has served for the past four (4) years as a member of the Conservation Collier Land
Acquir;ition Advisory Committee (CCLAAC), a committee fIrst appointed by the Board of
County Commissioners in February 2003 for a 2 year term to assist in carrying out the directives
of the Conservation Comer Program. Mr. Poteet was reappointed February 2005 and elected
Chairman in August 2005. He currently serves in that position. His present term will expire in
February 2008. He additionally contributes as a member of both the Outreach and Referendum
(sunsetted in 2006) subcommittees.
The Conservation Collier Ordinance (2002-63) is not very specific about locations to search for
conservation lands, referring instead to very broad Target Protection Areas. However, it calls for
"equitable geographic distribution" of acquired properties, a difficult task when only properties
from willing sellers may be evaluated. In his duties as Chairman, Mr. Poteet runs a smooth
meeting, is always prepared and coordinating closely with staff prior to the meeting to make sure
all necessary items are on the agenda. Mr. Poteet has always followed all of the ordinance
requirements however, he is particularly careful to see that acquired properties are equitably
distributed in the best way possible. He also contributed signifIcantly to developing the recent
referendum ballot language, which resulted in a 82% voter approval as confirmation of the desire
of the public to continue the Conservation Collier Program for 10 full years, beyond a $75 million
cap. Additionally, he has participated in developing many recommendations at the subcommittee
level in regard to outreach activities, which have been subsequently adopted by the full
committee.
Mr. Poteet meets the attendance requirements, as he has only missed one committee meeting in
the past 4 years.
As nominator, fellow member of the CCLAAC, and past Vice Chair, Mike Delate had the
following to say about Mr. Poteet's contributions, "Bill deserves this award. He is a very
dedicated member and really makes sure the public voice is heard. It's a pleasure working with
h. "
1m.
Member Wayne Jenkins adds the following comments, 'Td like to thank Bill for ftlling the
position of Outstanding Advisory Committee nominee, as this has been a blank spot in our
meetings! That's a joke, but I really would like to thank Bill for stepping in and doing such a
great job as Chairman!"
Marco Espinar, the current CCLAAC Vice Chair, comments, "Bill demonstrates incredible
leadership as Chairman."
Mr. Delate's nomination as Advisory Committee Member of the Month was unanimously
supported and recommended by the Conservation Collier Land Acquisition Advisory Committee
by a vote during their regular meeting held on January 8, 2004. Staff strongly supports this
nomination.
,.."",~,...~
/"'-
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.F :--,',
Fl.ORIDA SClRVEYORSWEEK
DONE AND ORDERED this J ~h day of March 2007
BOARD OF COUNTY COMMISSIONERS
CO~OVN~Ft.ORI~:
// )';' l.
I
'\
./
~)tt~~h
DWIGH,E.BR ; Cl.ERK --
Aaenda Item No. 4A
" March 13.2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
4A
ProclamatIOn designating Florida Surveyors Week as March 13 through March 19, 2007
F londa Surveyors Week recognizes the many contributions and the continual dedication of
surveyors tD the citizens of Flonaa and the United States To be accepted by Mr. David J
Hyatt PSM, State Board of Directors, Flonda SUI.veYlng and Mapping Society, District 5
3/13/2007900:00 AM
Item Number:
Item Summary:
Prepared By
Lisa Resnick
Executive Aide to the BCe
Date
Board of County
Commissioners
BGG OffIce
2/28120074:15:46 PM
Approved By
Sue Filson
Executive Manager to the Bee
Date
Board of County
Commissioners
BGe Office
3/1/2007 9:31 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's OffIce
31112007 4:32 PM
~4B
o{ \3 lory
PROCLAMA T.IQN
WHEReAS, Habitat for Hu.
eliminate poverty
WHEREAS, Habitat volunteers and
COtJnty: and,
ou.
began its mission in 1978 to
munlty: and,
families hove built t, 000 homes in Collier
WHEREAS, each of the 1,000 Habitat pt;lrlner families worke
"sweat equity" hours to buHd homes and their
than 500
(ghborhood: and,
WHEReAS, each of the 1,000 Ha
Habitat for Hum
eir home at cost from
mortgage: and,
WHeReAS, .each of t
Habitat to
and,
NOW THEREFORE,
County,
DONE ANC ORDERED THIS J 3th Coy of March, 2007.
ATTEST:
DWIGHT E. BROCK, CLERK
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 5A
March 13. 2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
5A
Project 66045 - Immokalee Rd Design/Build Contractor Presentation
3/1312007900.00 AM
Michael Greene
Date
Prepared By
Transportation Services
Project Manager
Transportation Engineering &
Construction Management
2/23/20074:42:24 PM
Michael Greene
Date
Approved By
Transportation Services
Project Manager
Transportation Engineering &
Construction Management
2/14/2007 1 :OB PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services. Admin
2/2712007 11 :46 AM
App roved By
Norm E. Feder, Alep
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
2/27/2007 1 : 30 PM
Najeh Ahmad
Director
Date
Approved By
Transportation Services
Transportation Engineering &
Construction Management
2/28/20077:47 AM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
2/2BI2007 9:47 AM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Dale
Office of Management & Budget
2/2BI2007 1 :00 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
2/28/2007 5:31 PM
Appruved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/1/20074:33 PM
,...--.
Agenda Item No. 6A
March 13, 2007
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010
February 23, 2007
Ms. Connie D. Stegall-Fullmer
P.O. Box 691
Goodland, FL 34140
Re: Public Petition Request to Discuss County Development Standards and Zoning
Variance Procedures
Dear Ms. Fullmer:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of March 13, 2007 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.
JVM/jb
cc: David Weigel, County Attorney
Joseph Schmitt, CD&ES Administrator
~.
Agenda Item No. 6A
March 13, 2007
Page 2 of 2
GOOD LAND PRESERV A TION COAL TION
PO BOX 691 GOODLAND, FL. 34140
239642-4932 Fax: 239389-9173
goodlandfl@aol.com
February 14,2007
Mr. Jim Mudd
County Manager
3301 E. Tamiami Trail
Naples FL 34112
Subject:
Collier County Development Standards and Variance Procedures
Dear Jim:
I respectfully request to petition the Board of County Commissioners for presentation of
issues regarding county development standards and zoning variance procedures in the
public petition time on the BeC agenda for February 27,2007. I also respectfully request
a time certain of 11 :30 or nearest time thereto.
I look forward to your response.
Respectfully yours,
Connie D. Stegall-Fullmer
President
Goodland PreselVation Coaltion
cc: GPC Board
Agenda Item No. 66
March 13, 2007
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 . Fax (239) 774-4010
February 26, 2007
Mr. Ronald G. Bender
2660 66th Street Southwest
Naples, FL 34105
Re: Public Petition Request to Discuss Side Yard Set Back Variance
Dear Mr. Bender:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of March 13, 2007 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.
~reIY,
~~~
County Manager
JVM/j b
cc: David Weigel, County Attorney
Joseph Schmitt, CD&ES Administrator
~.
02/20/2007 06:41
2392625708
R BENDER
AgendaFf~ N@168
March 13, 2007
Page 2 of 2
R,qJJeSt to 8J.Mtak U!'lW public Petition
Please print
Name: Ronald G. Bender
Address: 2680 66" Street Southweat J N.p.... Florida 34101
Phone 238..262-5708
Pme of the Board Meeting you w~ tQ IRt8I5. first .vall.ble
PI.... mcpIain In detaI ~ r888Or't YOU .. l'8auestinv to tpUIk (attadI additional
oage if ~l;
WeIIY. on 2 1/4 ~ in Gold", G.e. EMaItM and built. detltched ,......In 1888 me.ang
tM ....i..... 15 foot ... yn eetINICk. ".. aode .. aubMquently otwIged IIftd the ...
bIIck .. now 30 fMt. W. would Db to corMH't the..... III IIYIng tIpIICe to -=c:ornrnoc:I8t
our BOn who .... Jut conIpI4MIId hie II1IIItIIfJ' ..,.". in .. UnIIIed ... AIr Force.. He
would .. to live In ...... but due to tM ._ or......... ....... In CoI.... County end
the fact"'M he ...... to beGoI'M . fell....... cohge etudent.. .............. tIud..... would
be the bat eolutlon tD our hOUaIng problem.
Please exalain in .. the action YOU are asking the COn flissi9n to take (attach
additional oage if ~__ry);
w. .... requ....na a varianoe of the aide yard Nt black In order to 11M our existing bUilding
for the above..... pul'poM.
Itrr:
JII1
~tI i) i)
C;\PlCIgI....\E\JDCIRA~~ul*P.atIan ~ F<itm._
Agenda Item No. 6C
March 13, 2007
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail . Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010
March 2, 2007
Mr. Ovidio Pozo
1737 Knights Way
Naples, FL 34112
Re: Public Petition Request to Discuss Fence to be Built Behind Home
Dear Mr. Pozo:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of March 13, 2007 regarding the above referenced
subject.
.....-
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office .
Sincerely, ~
C;;!m;:~
County Manager
JVM/jb
cc: David Weigel, County Attorney
Joseph Schmitt, CD&ES Administrator
-'
~-- .,..
0.1..-
,
Agenda Item No. 6C
March 13,2007
Page 2 of 2
Reauest to Speak under Public Petition
Please print
Name:
POZ-D I O,//(J fD
(To 1 i::::-N ! (Q'{itts
N A lJl-~S{ R
'{~4- 2l z S
Address:
Phone:
Date of the Board Meetina YOU wish to speak:
Q
WAy
"34 l 1 :2
'~-/3~ D7
Please explain in detail the reason yOU are reouestina to speak (attach additional
paCle if necessary):
lifE rC:NC ~ TH fr ] ITA VJ3" to 0r
10 VI t-- T f-dY n~f= (6 f7 {'yl:=- Dr JLfttf.B2ccfl
tN:p- Tiff? f3A€f:- or M h' HDVSt?
B1SW2J? S~PTEf'-n BJ:-Q r~ 'Zc06( ffmtJrT
p -:etcr-r B 'fit l-1r5 -::r 7-( A v f= f6 j;;BY
tL-i\( l f,0 ' 1(' iJT At'I r p e{ v~
(9 r-6Liiv e rJD~
Please explain in detail the action YOU are asking the Commission to take (attach
additional paae if necessary):
H:\Public Petition Request Form.doc
Agenda Item No. SA
March 13, 2007
Page 1 of 160
SUPPLEMENTAL
EXECUTIVE SUMMARY
DOA-2005-AR-8543: Airport Road Limited Partnership, represented by Karen Bishop, of PMS,
Inc., and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment to
the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase
in the maximum development area of 957,000 square footage (further limited to 707,000 square feet
of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further
limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the
build out date from October 15, 2005 to October 15,2010. The subject 148.99 acres is located along
the west side of Airport-Pulling Road (CR 31), parallel to and approximately 1,600 feet north of
Pine Ridge Road (CR 896); and along both sides of Naples Boulevard, in Section 11, Township 49
South, Range 25 East, Collier County, Florida (Companion to Petition PUDZ-A-2005-AR-8550),
PROJECT STATUS:
The Board of County Commissioners (BCe) originally heard this petition on January 23, 2007. The
Executive Summary that was prepared for that hearing has been included in the information provided for
this hearing.
During the January 23, 2007 hearing, the BCC voted to continue this petition to the March 13, 2007
Board meeting to allow the applicant's agent an opportunity to gather more information to address this
project's traffic impacts.
,-
SUPPLEMENTAL ANALYSIS:
The petitioner's agent has not provided staff with additional information or a modified stance regarding
the traffic issue at this time. The petitioner's agent has indicated that he is continuing to work with
Transportation Planning Department staff; thus Zoning staff cannot provide any supplemental analysis at
this time. The petitioner's agent has indicated that he will provide any additional infonnation during his
presentation at the March 13, 2007 Board hearing,
PREPARED BY:
Kay Deselem, AlCP, Principal Planner
Department of Zoning & Land Development Review
~-
Pine Air Lakes, DOA-2005-AR-8543
Bee March 13, 2007
Page 1 of 1
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8A
March 13. 2007
Page 2 of 160
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8A
This Item was continued from the January 23 2007 Bee meeting This item requires that all
partiCipants be sworn In and ex parte disclosure be provided by Commission members. DOA-
2005.AR-8543: Airport Road Limited Pannersnip, represented by Karen Bishop. of PMS,
Inc., and Richard Yovanovlch of Goodlette, Coleman and Johnson. requesting an
amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order
to allow an Increase In the maximum development area of 957,000 square footage (further
limited to 707,000 square feet of retail and 250.000 square feet of office) to a maximum total
of 1,075.000 square lee I (further limited to 1,000000 square feel of retail soace and 75,000
square feet 01 office use); extend Ihe buildou\ date Irom October 15,2005 to October IS.
2010 The subject 148.99 acres. IS located along the west side of Airport-Pulling Road.
parallel to and approximately 1,600 feet north of Pine Ridge Road. and along bolh sides 01
Naples Boulevard. In Section 11, Township 49 South, Range 25 East, Collier County, Flonda
(Comoanron to PetitIOn PUDZ-A."R-8550j
3/13/200790000 AM
Principal Planner
Date
Prepared By
Kay Deselem, AIC?
Community Development &
Environmental Services
Zoning & Land Development Review
12/21/2000 7:14:13 AM
Marlene Stewart
Date
Approved By
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services. Admin.
2/23/20073:43 PM
Ray Bellows
Chief Planner
Date
Approved By
Community Development &
Environmental Services
Zoning & Land Development Review
2/26/20073:03 PM
Susan Murray, AICP
Zoning & Land Development Director
Date
Approved By
Community Development &
Environmental ServIces
Zoning & Land Development ReVIew
2/27/200711 :07 AM
Constance A. Johnson
Date
Approved By
Community Development &
EnVIronmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
2/28/20078:15 AM
Donald L. Scott
Transportation Plannmg Director
Date
Approved By
Transportation Services
Transportation Planning
2128/2007 9:05 AM
Norm E. Feder. AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
3/112007 2 52 PM
Date
App roved By
Marjorie M. StudentNStirhng Assistant County Attorney
3/1/20074:25 PM
Approved By
County Attorney County Attorney Office
Josepl1 K. SChmitt
Community Development &
Emtlfonmentat Services
Community Development &
Environmental Services Admmstrator
Date
Community Development &
Environmental Services Admin.
3/2/200710:10 AM
Administrative Assistant
Date
Approved By
OM B Coordinator
County Manager's Office
Office of Management & Budget
3/2/20074:08 PM
Budget Analyst
Date
Approved By
Mark Isackson
County Manager's Office
Office of Management & Budget
3/2/20074:42 PM
James V. Mudd
County Manager
Date
Approved By
Aqenda II em No, SA
, March 13, 2007
Page 3 of 160
Board of County
Commissioners
County Manager's Office
3/5/2007 1D:55 AM
Agenda Item No. 8A
March 13, 2007
Page 4 of 160
EXECUTIVE SUMMARY
DOA-2005-AR-8543 Airport Road Limited Partnership, represented by Karen Bishop, of PMS,
Inc., and Richard Y ovanovich, of Goodlette, Coleman and Johnson, requesting an amendment to
the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an
increase in the maximum development area of 957,000 square footage (further limited to 707,000
square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square
feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use);
extend the buildout date from October 15,2005 to October 15,2010. The subject 148.99 acres is
located along the west side of Airport-Pulling Road, parallel to and approximately 1,600 feet
north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49
South, Range 25 East, Collier County, Florida (Companion to Petition PUDZ-A-2005-AR-8550).
OBJECTIVE:
That the Board of County Commissioners review the request to amend the Pine Air Lakes
Development of Regional Impact (DRI) Development Order (DO) as noted above and to ensure that
the community's interest is maintained.
CONSIDERA TIONS:
The petitioner seeks an amendment to the Pine Air Lakes Development of Regional Impact (DRI)
Development Order to allow an increase in the maximum development area of 957,000 square footage
(further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total
of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet
of office use); and extend the buildout date from October 15,2005 to October 15,2010.
FISCAL IMPACT:
The PUD amendment, 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 PUD amendment is approved, a portion of the existing land will be developed and the new
development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the impacts of
each new development on public facilities. These impact fees are used to fund projects identified in
the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted
Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of
concurrency management, the developer of every local development order approved by Collier County
is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project.
Other fees collected prior to issuance of a building permit include building permit review fees and
utility fees associated with connecting to the County's water and sewer system. Finally, additional
revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is
directly related to the value of improvements.
Executive Summary for Pine Air Lakes, DOA-2005-AR-8543
January 23, 2007 Bee hearing
Page 1 of 4
Agenda Item No. SA
March 13,2007
Page 5 of 160
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.
ENVIRONMENTAL IMPACT:
The Environmental Review Staff has recommended approval since the petition will not cause any
impacts to any wetland preserve area.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Since this petition did not have environmental impacts it was not required to go to the Environmental
Advisory Council.
STAFF REVIEW:
Development authorizations contained in DRI Development Orders are prerequisite to zoning actions
that implement DRI land use authorizations. DRI Development Orders are structured first and
foremost to contain regulations that respond to relationships dictated by State Administrative rules.
Specifically, those relationships and questions that an applicant is required to analyze and report on as
part of their Application for Development Approval (ADA). Amendments as described by the Notice
of Proposed Change (NOPC) deal with those same questions as applicable. Those responses are
reviewed by County, the Southwest Florida Regional Planning Council (RPC) and Department of
Community Affairs (DCA) staff, who make a determination that the proposed changes adequately
address additional regional impacts or regional impacts not previously reviewed.
Staff believes this amendment will not adversely impact adjacent property owners or create an undue
public safety concern if the DRI DO language proposed by the RPC and County staff is adopted.
TRANSPORT A TION ISSUES:
Transportation Planning Department staff has reviewed the petition. The project access points are from
Airport Road and Pine Ridge Road via Naples Boulevard. Airport Road has seen a 15 percent
reduction in trips since the completion of Livingston Road. Pine Ridge Road was evaluated with the
conservative assumption of a 10 percent reduction in trips anticipated with the completion of the
Golden Gate interchange. Transportation Planning Department staff has evaluated the operational
impacts that may be associated with the existing and proposed change. We recommend that the
following mitigation strategies are incorporated if the project is approved; I) the project interconnects
with the industrial park to the north. 2) An additional eastbound to northbound left turn lane is added
on Naples Boulevard at Airport Road. 3) The existing dual northbound to westbound dual left turn
lanes on Airport Road are maximized. 4) Four permanent count stations are installed. 5) Two
additional intersections on Airport Road are fitted with the SCOOT system. 6) A signal warrant study
is conducted on Naples Boulevard at the intersection located opposite the movie theater and the
proposed interconnection road. Upon meeting warrants, a signal should be installed.
SOUTH\VEST FLORIDA REGIONAL PLANNING COUNCIL (RPC):
The proposed change was determined to be a substantial change to the DRI DO based upon the criteria
found in Florida Statutes (FS) 380.06( 19) because the addition of 293,000 square feet was determined
to trigger the thresholds found in the FS to require additional review. The analysis required focused on
Executive Summary for Pine Air Lakes, DOA-2005-AR-8543
January 23, 2007 BCC hearing
Page 2 of 4
Agenda Item No. SA
March 13, 2007
Page 6 of 160
regional issues of transportation and affordable housing. These two issues are addressed in the Draft
DRI DO document prepared for this petition.
The RPC addressed this Notice of Proposed Change (NOPC) to a previously approved Development of
Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on November 16, 2006. The
NOPC and the staff assessment for the NOPC were adopted by the RPC without changes. The RPC
adopted the recommendations prepared by its staff. The RPC assessment is attached to the application.
DEPARTMENT OF COMMUNITY AFFAIRS (DCA):
DCA has not offered any objection to the proposed amendment.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPe) heard the petition on December 21, 2006.
Commissioner Adelstein made a motion to approve the petition with staff s recommendation and the
stipulations added by Commissioner Strain. Commissioner Tuff seconded the motion. The CCPC
voted 4 to 4 on the motion thus there is no recommendation from the CCPC to the Board. Those
commissioners who voted against the motion indicated that they had concerns about the project's
intensification, perceived additional traffic congestion, and the loss of perceived necessary office
space. Those commissioners voting in support of the motion took the opposite stance, noting that the
traffic situation would be improved and office uses were not more desirable at this location.
Commissioner Strain's stipulations are as follows:
The remainder of the project's development shall be phased. The first phase shall contain a
maximum of 805,000 square feet of floor area. No certificates of occupancy shall be issued
for any remaining square footage until the following roadway improvements are fully
operational (The PUD document and the DR! development order set forth the exact
requirement language):
The developer shall extend the north bound left turn lane from Airport Road into
Naples Boulevard stacking lane in compliance with the requirements set forth by the
Transportation Division and said improvements shall be completed and operational
within one year of this PUD Amendment and Development Order amendment
approval.
The developer shall construct the additional east bound lane on Naples Blvd. heading
north onto Airport Road within two years of this PUD Amendment and Development
Order amendment approval.
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 (BCe) must be based. The legal considerations
are based upon the following criteria:
· Chapter 380.06(19)(c) Florida Statutes (F.S).
Executive Summary for Pine Air Lakes, DOA-2005-AR-8543
January 23, 2007 Bee hearing
Page 3 of 4
Agenda Item No. SA
March 13, 2007
Page 7 of 160
· LDC Section 10.02.13.E.1.j. which states, "Statutory Requirements. All statutory requirements
as set forth in Subsections 380.06 (9) through (12), 380.06 (19) and 380.06 (26), Florida Statutes, as
may be amended, together with the implementing regulations applicable to DRIs set forth in the
Florida Administrative Code shall apply."
RECOMMENDATION:
That the Board approve Petition DOA-2005-AR-8543 as otherwise described by the amending DRI
Development Order resolution included with this Executive Summary.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning and Land Development Review
Executive Summary for Pine Air Lakes, DOA-2005-AR-8543
January 23, 2007 Bee hearing
Page 4 of 4
Agenda Item No. SA
March 13, 2007
Page S of 160
Co~T County
- '-~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
HEARING DATE: DECEMBER 12, 2006
SUBJECT:
PETITION NO: DOA-2005-AR-8543 FOR PINE AIR LAKES DEVELOP-MENT OF
REGIONAL IMP ACT (DRI) [COMPANION TO PUDZ-A-2005-AR-8550]
APPLICANT:
Mr. Jason Wagner, Vice President
Airport Road Limited Partnership
800 Seagate Drive, Suite 302
Naples, FI 34103
AGENTS:
Ms. Karen Bishop
PMS of Naples, Inc.
2335 Tamiami Trail N, # 408
Naples, FL 34103
REQUESTED ACTION:
Mr. Richard D. Y ovanovich, Esquire
Goodlette, Coleman, & Johnson, P.A.
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
The petitioner seeks an amendment to the Pine Air Lakes Development of Regional Impact (DRI)
Development Order to allow an increase in the maximum development area of 957,000 square footage
(further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of
1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of
office use); and extend the buildout date from October 15, 2005 to October 15, 2010.
GEOGRAPHIC LOCATION:
The subject 148.99 acres, is located along the west side of Airport-Pulling Road, parallel to and
approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in
Section 11, Township 49 South, Range 25 East, Collier County, Florida.
Pine Air Lakes DRI, DOA-2005-AR-8543
December 12, 2006 CCPC
Page 1 of 3
Agenda Item No. SA
March 13, 2007
Page 9 of 160
PURPOSE/DESCRIPTION OF PROJECT:
The Board of County Commissioners (BCe) approved Development Order 85-5, which approved the
DRI known as Pine Air Lakes on November 12, 1985 for 1,280,600 square feet of commercial floor area
which included 707,000 square feet of retail regional mall, 368,600 square feet of office, 350 hotel
rooms and 322 rooms of institutional use. The Southwest Regional Planning Council (RPC) appealed
that Development Order and the appeal was settled by the BCC adopting Resolution 86-63 on April 15,
1986. A revision to the DRI was approved in May of 1994 pursuant to Ordinance 94-25 changing the
square footage from 1,280,600 to 957,000 square feet of floor area comprising 707,000 square feet of
retail uses and 250,000 square feet of office uses. The 1994 Notice of a Proposed Change (NOPC) also
extended the build-out date from October 15, 2000 to October 14, 2005.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC):
The proposed change was determined to be a substantial change to the DRI DO based upon the criteria
found in Florida Statutes (FS) 380.06(19) because the addition of 293,000 square feet was determined to
trigger the thresholds found in the FS to require additional review. The analysis required focused on
regional issues of transportation and affordable housing. These two issues are addressed in the Draft
DRI DO document prepared for this petition.
The RPC addressed NOPC this to a previously approved Development of Regional Impact pursuant to
Subsection 380.06(19) Florida Statutes on November 16,2006. The NOPC and the staff assessment for
the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations prepared
by its staff. The RPC assessment is attached to the application.
DEPARTMENT OF COMMUNITY AFFAIRS (DCA):
DCA has not offered any objection to the proposed amendment.
STAFF REVIEW:
Development authorizations contained in DRI Development Orders are prerequisite to zoning actions
that implement DRI land use authorizations. DRI Development Orders are structured first and foremost
to contain regulations that respond to relationships dictated by State Administrative rules. Specifically,
those relationships and questions that an applicant is required to analyze and report on as part of their
Application for Development Approval (ADA). Amendments as described by the Notice of Proposed
Change (NOPC) deal with those same questions as applicable. Those responses are reviewed by County,
the RPC and DCA staff, who make a determination that the proposed changes adequately address
additional regional impacts or regional impacts not previously reviewed.
Staff believes this amendment will not adversely impact adjacent property owners or create an undue
public safety concern if the DRI DO language proposed by the RPC and County staff is adopted.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) forward a recommendation of approval of
Petition DOA-2005-AR-8543 to the Board of County Commissioners as described by the amending DRI
Development Order resolution.
Pine Air Lakes DRI, DOA-200S-AR-8543
December 12, 2006 CCPC
Page 2 of 3
Agenda Item No, 8A
March 13, 2007
Page 10 of 160
PREPARED BY:
KAY DESELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
MARJORIE M. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
DATE
RAYMOND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
SUSAN M. ISTENES, AICP, DIRECTOR
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the January 23, 2007 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Pine Air Lakes DRI, DOA-2005-AR-8543
December 12, 2006 CCPC
Page 3 of 3
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Agenda Item No. 8A
March 13, 2007
Page 12 of 160
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL'S
STAFF FINDINGS AND RECOMMENDATIONS
REGIONAL
IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL
PLANNING COUNCIL THAT THE APPLICA TION FOR DEVELOPMENT APPROVAL
SUBMITTED OCTOBER 6, 2005, FIRST SUFFICIENCY RESPONSES DATED JANUARY
31,2006 AND SECOND SUFFICIENCY RESPONSES SUBMITTED JULY 20,2006, IS
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. AFFORDABLE HOUSING (Refer to Appendix I-A)
Based on the supply analysis provided by the housing consultant for the applicantthere
is adequate supply offor sale and for-rent affordable housing needs in all phases of the
DRI. That analysis based on the 20-minute radius around the project determined the
total number of vacant for rent units is approximately 2,033. The analysis assumes
2,024 vacant for-rent units for the range of price point for the DRI. The supply
analysis for For-Sale Housing projection during the 3-year future phase of the DRI an
affordable supply of 351 very low income housing units, 1,424 low income housing units
and 5,529 moderate income housing units within and 10-mile120 minute market.
Annually, the analysis expected there to be 241 very low income housing units, 605 low
income housing nnits and 2,020 moderate income housing units within and 10-mile/20
minute market.
Staff believes the analysis is incorrect because the University of Florida Shim berg
housing study assumed a deficit in affordable housing for Collier County and as such
there is no supply. Based on staffs insistence that there is no supply of affordable
housing the applicant worked with county housing staffto develop a development order
condition that requires a $78,000 contribution to the affordable housing trust fund in
Collier County. If the $78,000 currently proposed is accepted staff believes that based
on a review of similar developments in the regional this contribution is low.
Furthermore, RPC staff and DCA have always required a cumulative analysis of the
entire development's impact originally approved including existing development be
analysis for whether additional regional impact mitigation is necessary within a
substantial deviation application. This requirement is in the DRI law in Chapter
380.06(19)(b) Florida Statutes (F.S.) and Chapter 380.06(15)(g)1.F.S. Therefore, staff
recommends the following conditions.
RECOMMENDA TIONS
1
Agenda Item No. 8A
March 13. 2007
Page 13 of 160
Any DRI Development Order issued by Collier County shall contain the following provision:
a. To satisfy the project's affordable housing impacts cumulatively the applicant's
mitigation for commercial and office shall be $206,424. The money shall be paid
to Collier County Affordable Housing Trust Fund at issuance of building
permit. If more than one building permit is involved, then the money shall be
prorated on a .50 cent square footage basis and a portion collected at each
building permit.
2. TRANSPORTATION (Refer to Appendix I-B)
The ADA SD analyzed the cumulativc project impacts on transportation which from
the original development is a total of205,600 square feet less development. Many ofthe
original road segments impacted by the project have been improved and as such did
not have adverse impact of those segments. The development order changes to
transportation are acceptable to staff.
RECOMMENDATIONS
Any DRI Development Order issued by Collier County shall contain the following provisions:
Traffic generated by Pine Air Lakes, when combined with other growth in the Area,
will necessitate substantial roadway improvements, ifIevel-of-service "D" peak hour-
peak season conditions are to be maintained.
Conditions:
a. The developer shall provide has provided a fair share contribution toward
the capital cost of traffic signals at each of the project accesses on Pine
Ridge Road and Airport Road when deemed warranted by the County
Engineer. The signals shall be owned, operated, and maintained by
Collier County.
b. The developer shall provide arterial level street lighting at each of the
project accesses on Pine Ridge Road and Airport Road. This shall be
waived in prior roadway improvements by the County include a street
lighting system.
c. The applicant shall be required to pay the full cost for any site-related
intersection improvements (including but not limited to turn lanes and
additional side street or driveway through lanes) found to be necessary by
Collier County for the project's access intersections onto Airport Road
(CR 3]) and Pine Ridge Road.
2
Agenda Item No. 8A
March 13, 2007
Page 14 of 160
d. The following regional roadways and intersections are projected to be
significantly impacted (5% of LOS D - peak hour, peak season) prior to
project buildout.
Significantly Impacted Roadways are:
1. Airport Road
. Immokalee Road to Vanderbilt Beach Road
. Vanderbilt Beach Road to Edgewood Drive
. Edgewood Drive to Pine Ridge Road
. Pine Ridge Road to Gold Gate Parkway
. Golden Gate Parkway to Radio Road
. Golden Gate Parkwav to Vanderbilt Beach Road
. South of Pine Rid!!e Road
. Pine Rid!!e Road to Vanderbilt Beach Road
2. Pine Ridge Road
. U.S. 4] to Goodlette-Frank Road
. Goodlette-Frank Road to Edgewood Drive Naples Boulevard
. Edgewood Drive Naples Boulevard to Airport-Pulling Road
. Airport-Pulling Road to 1-75
. Airport Pullin!! Road to Livin!!ston Road
. Goodlette Frank Road to 1-75
3. Immokalee Road
. Airport-Pulling Road to ]-75
4. Vanderbilt Beach Road
. Airport-Pulling Road to Livingston Road
. Livingston Road to Oaks Boulevard
. Oaks Boulevard to Logan Boulevard
Significantly Impacted Intersections are:
5. U.S. 411Pine Ridge Road
6. Airport-Pulling RoadlRadio Road
7. Airport-Pulling Road/Golden Gate Parkway
8. Airport-Pulling RoadlPine Ridge Road
9. Airport-Pulling Road! Edgewood Drive Naples Boulevard
10. Airport-Pulling RoadlVanderbilt Beach Road
]1. Airport-Pulling RoadlImmokalee Road
12. Pine Ridge Road/Goodlette-Frank
13. Pine Ridge Road/Edgewood Drive Naples Boulevard
]4. Naples Boulevard at Costco Access
]5. Naples Boulevard at Re!!al Cinema Access
]6. Naples Boulevard at Lowe's Eastern Access
e. The applicant shall mitigate its impact on the regional and local roadway
and intersections identified herein as follows:
3
Agenda Item No. 8A
March 13, 2007
Page 15 of 160
i) The Applicant shall make the improvements specified in 6(a), (b), and (c)
hereof.
ii) The Applicant shall be subject to all lawfully adopted transportation
impact fees.
iii)The Applicant has constructed shall be responsible for the construction
of Edgewood Drive Naples Boulevard from its terminus on the
southern property boundary to and including the intersection
improvements needed at its juncture with Airport Road. This roadway
is expected to provide an alternative to and relieve some traffic
pressure on the Pine Ridge-Airport Road intersection.
iv)Applicant shall be required to make the following improvement to
Airport Road:
a) When requested by Collier County Transportation Department,
Applicant has contributed shall contribute the necessary funds
(approximately $80,000) for designing six-lane improvements from
the currently designed terminus at Cougar Drive to the northern
access point of Pine Air Lakes on Airport Road.
b) At the time of issuance of the first building permit for vertical
construction in Pine Air Lakes, the Applicant has contributed shall
be responsible for contributing (by escrowing with the County) the
necessary funds to six-lane Airport Road from its currently
scheduled terminus at Cougar Drive north to the northern access
point of Pine Air Lakes on Airport Road. The actual amount of
the contribution shall be the full amount necessary to accomplish
the six-lane improvements as determined by actual bid price. In
the event that amount has not been determined at that point in
time, the amount to be escrowed shall be as estimated by the
County Transportation Department to accomplish said six-lane
improvements with at least one left turn at Edgewood Drive Naples
Boulevard.
c) At the time the County Transportation Department deems a
second left turn lane is warranted on Airport Road at the
Edgewood Drive Naples Boulevard intersection, Applicant shall
has contributed it's proportionate share of the costs incurred to
install said second left turn lane at its expense and contribute the
funds necessary for any improvements to Airport Road or the
adjoining canal to accommodate the second left turn lane.
4
r
Agenda Item No. 8A
March 13, 2007
Page 16 of 160
d) Said contributions set forth in (a) and (b) above shall be have been
credited to the Applicant, his successor or assignees, as a road
impact fee credit. The amount of the credit shall be the
contribution amount less any costs required for the design or
construction of site-related improvements. For the purpose ofthis
stipulation, site-related improvements shall be deemed to be any
north bound or south bound turn lanes deemed required at each
access point to Pine Air Lakes, signalization costs for the
intersection of Edgewood Drive Naples Boulevard and Airport-
Pulling Road, and any canal improvements associated with the
Pine Air Lakes project. Collier County shall agree to use said
contribution for the sole purpose of the above described six-lane
improvements.
v) The Applicant shall be subject to the Concurrency Management System
of the County as set forth herein
f. The regional roadway segments and all intersections with one exception
on which this project has significant impacts are wholly within the
jurisdiction of Collier County. The sole exception is the intersection of
U.S. 41 and Pine Ridge Road. The County has made the decision to plan
for and manage the impacts of this DRI through its duly adopted
comprehensive plan. The County has considered the regional roadway
segments and regional roadway intersections set forth in 6.d. hereof,
including the U.S. 41-Pine Ridge Road intersection, and has determined to
require the project to be subject to and to comply with the Concurrency
Management System (CMS) of Collier County as adopted in its Growth
Management Plan and implemented by the Adequate Facilities Ordinance
(APF) Ordinance No. 93-82, a copy of which is attached hereto as Exhibit
"F". After due consideration of the alternatives, the County has
determined that to require compliance with concurrency as mandated by
the CMS, in addition to the other mitigation required in 6.e. hereof, is the
appropriate way to accommodate the impacts ofthis project and to assure
that transportation facilities are provided concurrently with the
transportation impacts of this project.
g. The Adequate Public Facilities Ordinance (APF) requires the Growth
Management Director to complete an Annual Update and Inventory
Report (AUIR) by August ] of each year on roads and public
transportation facilities based on the adopted level of service. The
applicant shall provide within fifteen (15) days of publication each year a
copy of said AUIR on the regional facilities set forth in 6.d. to the
Southwest Florida Regional Planning Council and the Florida Department
of Community Affairs (DCA).
5
Agenda Item No. SA
March 13, 2007
Page 17 of 160
h. The Board of County Commissioners is required by the APF to establish
Areas of Significant Influence (ASI) around any road segment or
intersection which is operation at an unacceptable level of service (LOS)
or is projected to operate at an unaccepted LOS and is not scheduled for
improvement in the Capital Improvement Element (CIE) of the
Comprehensive Plan in a manner and time which would provide facilities
concurrent with the impacts of development pursuant to the APF.
Projects within the boundaries of an ASI are, with few exceptions not
relevant herein, prohibited from obtaining further Certificates of Public
Facility Adequacy that would allow impacts to exceed the remaining
capacity, if any, of these road segments impacts to the deficient or
potentially deficient facility. The applicant shall notify SWFRPC and
DCA within five (5) working days after receipt of notice of a public
hearing to determine the boundaries of any ASI on any facilities listed in
Section 6.d. hereof.
i. If any of the road segments identified in this paragraph become deficient,
The County shall establish an Area of Significant Influence around such
segment pursuant to criteria set forth in the APF.
j. In addition to the provisions ofthe Collier County APF Ordinance:
i) The Pine Air Lakes Development of Regional Impact is subject to the
specific requirements of the Adequate Public Facilities Ordinance No.
93-82 as that Ordinance existed on May ]0, ]994. Any amendment to
the transportation portions of the Ordinance by Collier County shall
not be effective or applied to the DRI unless and until this Development
Order is amended to incorporate and render applicable such changes
or amendments to the APF Ordinance.
ii) In the event that Collier County designates an ASI around a deficient
road segment that is predicted to be substantially impacted by Pine Air
Lakes, and the ASI does not include this DRI, then the applicant shall
be required to file a Notice of Change of this Development Order with
Collier County, the Southwest Florida Regional Planning Council, and
the Department of Community Affairs, pursuant to Section 380.06(]9),
Florida Statues.
iii)The applicant shall file a Notice of Change within sixty (60) days from
the date the County creates an ASI for such a deficient road segment
that excludes the DRI. The applicant shall file with the Notice of
Change, a current traffic analysis and other information attempting to
establish that the DRI is not having a substantial impact upon the
pertinent road segment, or other justification for the County's
exclusion of the DR] from the AS]. If an ASI is established for any
6
Agenda Item No. SA
March 13, 2007
Page 18 of 160
deficient road segment listed in Paragraph S.d. of this Development
Order that does not include the Pine Air Lakes DRI, the DRI shall not
apply for or be issued any further Certificates of Public Facility
Adequacy until: (1) the Notice of Change decision is made by Collier
County, if neither DCA nor SWFRPC participates in the public
hearing on this Notice of Change pursuant to Subsection 380.06 (19) (f),
Florida Statues and the change is adopted by Collier County, as
proposed; or (2) until any appeal of such decision to the Florida Land
and Water Adjudicatory Commission is resolved.
iv)For purposes ofthis Development Order, the DRI shall be deemed to
have a substantial impact upon a deficient road segment if its traffic
impacts exceed five percent (5%) of the level of service "D" peak hour-
peak season capacity of the roadway.
v) The County shall provide the requisite public notice and hold a public
hearing on the Notice of Change as expeditiously as possible. Following
a public hearing, Collier County shall amend the DRI Development
Order to record its determination whether or not the DRI is having a
substantial impact upon the deficient road segment or otherwise should
not be included within as ASI for the deficient road segment. In
making this determination, the County shall include the impacts
resulting from all development to occur pursuant to the Certificates of
Public Facility Adequacy previously issued to the DRI. The
amendment to this Development Order is appealable pursuant to
Subsection 380.06 (19) and Section 380.07, Florida Statutes.
vi) If neither DCA nor SWFRPC participate in the public hearing on the
Notice of Change pursuant to Subsection 380.06 (19) (f), Florida
Statutes and the change is adopted by Collier County as proposed, the
DRI may be issued Certificates of Public Facility Adequacy following
the County's Development Order decision. If either DCA or SWFRPC
participates in the public hearing, the applicant shall not apply for or
be issued Certificates of Public Facility Adequacy until the deadline for
any appeal of the Collier County decision has expired pursuant to
Section 380.07, Florida Statutes and no appeal has been filed.
k. Collier County and the applicant may consider other options to provide
adequate commitments for needed improvements to transportation
facilities set forth in 6.d. hereof provided that said options meet the
following criteria:
i) The transportation impacts to the roads and intersections outlined
herein shall be addressed consistent with SWFRPC policies and said
options or mitigative measures shall be adopted in accordance with
7
Agenda Item No. 8A
March 13, 2007
Page 19 of 160
Sections 163.3220-]63.3243, Florida Statutes, which authorize local
government development agreements or as authorized by Rule 9J-
2.0255, Transportation Policy Rule.
ii) Any such option would be implemented only after a Notice of Change
procedure as outlined above.
I. Except for the three access points provided on Airport Road. all All access
to individual parcels shall be internal.
m. Exception to the Subdivision Regulations requiring sidewalks on both
sides of the street shall not be waived and additional crosswalks may be
required and approved by the County Engineer during the site plan
review process to join sidewalks at places other than at intersections.
n. Development shall be limited to parcels immediately adjacent to Airport
Road until easements for Edgewood Drive are obtained and dedicated to
the County; Edgewood Drive is constructed; and the water system is
looped in accordance with the Utilities Division's regulations and
requirements.
n. The Pine Air Lakes project shall have the ri!!ht to convert office space into
retail space or retail space into office space. with the conversion rate
between the different uses to be as set forth below (the conversion rate has
been determined bv an eQuivalent trip !!eneration analvsis). UP to 50.000
SQuare feet of office area can be converted into retail area at the rate of
] 00 SQuare feet of additional retail area for everv 420 SQuare feet of office
area converted. Additionallv. UP to 50.000 SQuare feet of retail area can be
converted into office area at the rate of] 00 SQuare feet of additional office
area for everv 24 SQuare feet of retail area converted. The maximum
SQuare foota!!e allowed is 1.075.000.
3. Solid Waste/Hazardous Materials (ReQuirement of the Preapplication Ouestionnaire
Checklist)
At the preapplication meeting the applicant agreed to commit to the standard
conditions required for this issue.
RECOMMENDA T10NS
Any DRI Development Order issued by Collier County shall contain the following provisions:
a. The applicant will provide the projected solid waste quantities for all
residential, commercial, industrial, and institutional developments.
8
Agenda Item No. 8A
March 13, 2007
Page 20 of 160
b. The applicant will provide official letters of commitments from the local
government jurisdiction, and the applicable franchise haulers showing ability to
serve the project=s solid waste and hazardous waste needs.
c. The applicant will incorporate the solid waste demands of the project into the
county solid waste management program and explore possibilities of extending
the life of the landfill by reducing the solid waste volume by incorporating
practices such as conservation, recycling, trash compaction, and mechanical
shredding.
d. Any business found within the development boundary that generates hazardous
waste will be responsible for the temporary storage, siting and proper disposal
of the hazardous waste generated by such business. However, there will be no
siting of hazardous waste storage facilities contrary to the county zoning
regulations.
e. The project will be bound by all applicable recycling requirements in effect in
the County at the time of the development.
f. Any Buildings where hazardous material/waste is to be used, displayed,
handled, generated or stored will be constructed with impervious floors with
adequate floor drains leading to separate impervious holding facilities that are
adequate to contain and safely facilitate cleanups of any spill, leakage, or
contaminated water.
g. Discharge of hazardous waste effluent into the sewage system will be prohibited
unless approved by permit issued by the Florida Department of Environmental
Protection.
4. GENERAL CONSIDERATIONS
In the "Pine Air Lakes Substantial Deviation ADA," numerous commitments were
made by the applicant to mitigate project impacts. Many, but not all of these
commitments are listed in this staff assessment. Additionally, the ADA provided a
phasing schedule that provided the timing basis for this review. If the applicant
significantly alters this phasing schedule, then many of the basic assumptions of this
approval could be substantially changed, potentially raising additional regional issues
and/or impacts.
RECOMMENDATIONS
Any DRI Development Order issued by Collier County shall contain the following provisions:
a. All commitments and impact mitigating actions provided by the applicant
within the Application for Development Approval (and supplementary
9
Agenda Item No. 8.'1
March 13. 2007
Page 21 of 160
documents) that are not in conflict with specific conditions for project approval
outlined above or in the current Pine Air Lakes DO as amended are officially
adopted as conditions for approval.
b. The developer shall submit a biannual report on the development of regional
impact to Collier County, the Southwest Florida Regional Planning Council, the
Department of Community Affairs and all affected permit agencies as required
in Subsection 380.06(]8), Florida Statutes.
c. The development-phasing schedule presented within the ADA and as adjusted
to date of development order approval shall be incorporated as a condition of
approval. If development order conditions and applicant commitments
incorporated within the development order, ADA or sufficiency round
responses to mitigate regional impacts are not carried out as indicated to the
extent or in accord with the timing schedules specified within the development
order and this phasing schedule, then this shall be presumed to be a substantial
deviation for the affected regional issue.
d. If the local governments, during the course of monitoring the development, can
demonstrate that substantial changes in the conditions underlying the approval
ofthe development order has occurred or that the development order was based
on substantially inaccurate information provided by the developer, resulting in
additional substantial regional impacts, then a substantial deviation shall be
deemed to have occurred. The monitoring checklist contained in Appendix III
shall be used as a guide by the local government in determining addition
substantial regional impacts.
e. Pursuant to Chapter 380.06(] 6), the applicant may be subject to credit for
contributions, construction, expansion, or acquisition of public facilities, if the
developer is also subject by local ordinances to impact fees or exactions to meet
the same needs. The local government and the developer may enter into a
capital contribution front-ending agreement to reimburse the developer for
voluntary contributions in excess of the fair share.
f. The local development order shall state the land uses approved in gross square
feet, acreages and parking (if applicable) consistent with the statewide
guidelines and standards in Chapter 380.065] Florida Statutes.
iO
Agenda Item No. 8A
March 13. 2007
Page 22 of 160
APPENDICES
ANALYSIS OF REGIONAL ISSUES
The Council staffs assessment of the "Pine Air Lakes Substantial Deviation DRI" identified four
issues of regional concern: affordable housing, transportation and consistency with the local
comprehensive plan and regional policy plan. The SWFRPC staff reports for these issues are
attached as Appendix I.
Before formulating the recommendations in the previous section, the SWFRPC staff analyzed the
entire local and regional issues discussed in the Pine Air Lakes application for development approval
and existing Pine Air Lakes development order. As a part of each analysis, the staff determined the
project's impacts, any necessary remedial action and the applicant's commitments to a solution. Such
determinations were based upon both the calculations and estimates of the applicant, Collier County
development review staff and Council staff. Where applicable, support correspondence is included.
A draft development order is included in the Appendix II. The Substantial Deviation Monitoring
Form is found in Appendix III.
11
1: TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. SA
March 13, 2007
Page 23 of 160
SUBSTANTIAL DEVIATION ANALYSIS
FOR A DEVELOPMENT OF REGIONAL
IMPACT
QUESTION 21
FOR
PINE AIR LAKES DRI
(PROJF:CT ~O. 0503.(8)
PREPARED BY:
TR Transportation Consnltants, Inc.
13881 Plantation R(HHI, Suite I I
Fort Myers, Florida 33912
239-278-3090
;fJ) 1f
I Reid C. Felluws, P.L
j..iccl1se No.: 61 ()73
Ccrtit'ic,lte nf Authorizal;on#:27003
Revised
~ovcmbel. 10,2006
"'l TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. 8A
March 13, 2007
Page 24 of 160
CONTENTS
I. PURPOSE OF REPORT
II. SCOPE OF PROJECT
III. PRE-APPLlCATI0N METHODOLOGY MEETING
IV. QUESTION 2]-A
V. QUESTION 2]-8
VI. QUESTION 21-C
VII. QUESTION 21-0
VIJI. QUESTION 21-6
IX. QUESTION 21-F
X. QUESTION 21-G
XI. QUESTION 21-11
XII. QUESTION 21-1
XIII. CONCLUSION
XIV APPENDIX
1: TRANSPORTATION
K CONSULTANTS, INC
Agenda Item No. 8.'1
March 13, 2007
Page 25 of 160
I. PURPOSE OF REPORT
The following report has been prepared by TR Transportation Consultants, Inc. (fcll'lnerly
Mctro Transportation Group, Inc.) in order to li.djill requircments set jC)Jih by Part IV -
Transportation ResoLlrcc Impacts (Qucstion21) oftha Application for Developmcnt of
Regional Impact for projects secking approval for a substantial deviation of an existing
Development of Regional Impact (DR I). More specifically. thc rcport provides response
to Q\lestion 21 as 10 define the anticipated tranic characteristics and establish any
ncgativc oiT-site roadway impacts associated with the development of the remainder of
the Pine Air Lakes DR!. The rcport assesses existing traffic conditions and futlu'c
background plus project tranic conditions in order to identify roadway mitigation nceds
and responsibilities.
II. SCOPE OF PRO.lECT
The Pine Air Lakes DR) is a Mixed-Usc Commercial/Retail project that lies within
Collier County Rcgional Activity Ccntcr No. 13, northwest of the Airport Pulling Road/
Pine Ridge Road intersection. The DRI was originally approved in 1985 for 1.280,60()
square feet of commercial floor area. A revision to the DR! was approved in 1994
altering the square footage to include a total oj' l)57 ,000 square feel of Jloor mea,
designated as 707,000 square feet of retail uses and 250,000 square feet of oftlee uses. ln
2004, an extension of' the termination dale was granted to October 14,2005.
As of' March 3 I, 2005, there was approximately 374,310 square feet of commercial uses
completed or allocated within the DR!. Of this Jloor area, approximatciy 13,489 square
feet 11as been allocated as ofliee use while the rcmaining 360.821 square feet has been
allocated as retail uses. An additional 202,225 square feet of relailllses arc either
permitted, uncler construction or within the permitting process, f()r a total of 563,046
square feel of retail uses and 13,489 square feet of office uses, or a total of 576,535 square
feet of commercial development that is in various stages of development.
Pilgc 2
,
l::.. TRANSPORTATION
K CONSULTANTS,INC.
Agenda Item No. 8A
March 13, 2007
Page 26 of 160
Based on market conditions in thc area, the Developer would like to add additional retail
floor area in order to fill the vacant parcels currently remaining with the DR!. The office
market in this area of Collier County will most likely not SUPPOlt thc dcvelopment of
250,000 square feet of office space. Therefore, conversion of office space to retail Boor
area is heing requested along with additional rctail floor area above the latest approved
11001' area of707,000 square feet. 1t is the intention that the trip generation of the
additional uses would not exceed the trip generation of the originally approved Boor area
of 957,000 square feet. Tranie surveys of the existing uses indicate that the uses that
have developed within the DRl are not the typical "retail" uses. A members only
warehouse club, Costeo, comprises approximately 138,564 square feet, a Lowe's l'lome
Improvement Store comprises approximately 129,235 square feet (I 15,746 square feel
assigned as retail use and the remaining 13,489 square feet assigned as offiee space), a
Regal Cinema comprises approximately 64.000 square feet and a Best Buy electronics
store comprises approximately 45,3S0 square feel, Table I summarizes the existing as
well as proposed development parameters being requested as part of this substantial
deviatioll.
Land Use
Table 1
Pine Air Lakes DIU
Land Uses
Originally
Approved>l
Currently
Approved 2
Retail
OfJIce
707,000 s.f
368,600 s.1'.
20S,OOO s.1'.
(350 Ilolel Rooms)
707,000 sJ.
250,GOO sf.
1,00G,000 d.
75,000 sJ.
Hotel/Institutional
o
o
Total 1,280,600 s.1'.
('Original DR'lApprovcd in Collier Co.
2 DR! Amended in 1994
957,000 sJ.
in 1985
1,075,000 s.f
Pine Air Lakes is anticipated to be completed in approximately 5 years. Thercfore, this
rcport cxamines the 2005 existing traf1le conditions and the year 20 I 0 traffic conditions
with the development traflic in order to asses the project's impacts.
Page 3
1: TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. 8A
March 13, 2007
Page 27 of 160
III. PRE-APPLICATION MEETING
A pre-application meeting was held with representatives of the Collier County
Development Services Division and the SWFRPC. A Transportation Methodology
Report was prepared and subsequently revised after the initial meeting on Monday
February 28, 2005.
As defined in the methodology report, the preliminary study area is deJined by the
following boundaries:
. J & C Boulevard to the north
. Airport Pulling Road/Pine Ridge Road to the south
The roadway segments analY7.ed within the preliminary study area were subject to the
measurement of the projccfs significant impact. '~Signit1canl1111pac1" was measured as
project traffic volumes representing 5% or more of the existing plus commilled (E + C)
adopted roadway Level of Service. Levels of Service were measured based 00 the Level
of Service staodards established by the Collier County Comprehensive Plan.
Road segments which were reviewed based on the 5% significant impact rule included:
. Airport Pulling Road- South of Pine Ridge Road
. Airport Pulling Road - North of Pine Ridge Road to Vanderbilt Beach Road
· Pine Ridge Road - Naples Boulevard to Goodlelte Frank Road
. Pine Ridge Road - Airport Pulling Road to Livingston Road
Page 4
r
""[ TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. 8A
March 13, 2007
Page 28 of 160
IV. QUESTION 2]-A
Using Map J or a tahlc as a basc, indicate existing conditions of the highway networl{
within the stndy arca (as prcviously dctined on Map J), including AADT, peak hour
trips directionlll, trllffic split, levels of scrvice and maximum service volumes for the
adopted level of service (LOS). Identify the assumptions used in this anlllysis,
including "K" fllctor, direction "D" factol', facility type, number oflanes and
existing signal locations. (If Icvels of service are based on the same methodology
other than thc most rccent procedures of the Transportation Research Board lllld
FDOT, this should bc agrced npon at the pre-application confel'encc stage.) Identify
the adoptcd LOS standanls for thc FDOT, approprillte regional study area. IdcntitY
what impl'o,'ements or new facilities within the study area are planned,
prognullmed, or committed for impt'ovement. Attach appl'opriatc excerpts frolll the
published capital improvement plallS, budgets lllld programs showing the schedulcs
llnd types of work and letters frolll the appropriate agcncics stating the CUlTcnt
status of the planned, programmed and committed improvemcnts.
2004 Existing Traffic Conditions
The roadways' existing functional classifications. adopted Levels of Service and service
volumcs were based on tbe Collier County Comprehensive Plan. Tahle 2 provides a detHil
of the functional classifications, adopted Level of Service and the peak bour, peak
direction service volumes for all roadways under study. A graphical representation of tbc
roadways within the study area is shown on Fignre 1.
Existing AMYI' traffic counts. peak season factors. bistoricai trends. K-1 00, D, and Truck
(T) factors were obtained from the Collier County Department of Transportation's 2004
Trame Count Report. TR Transportation also perf,)J'med manual turning movement
counts at the intersections of Naples Boulevard and Pinc Ridgc RO<ld, Naples Boulevard
and Airport Pulling Road. and Pinc Ridge Road and Airport Pulling Road. Fignre 2
indicates the wcckdny PM peak hour turning movement COllnts conducted at the
intcrscctions within the study area.
Page 5
Ilem I~O.
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1: TRANSPORTATION
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Agenda Item No.
March 13. 2007
Page 31 of 160
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1: TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. SA
March 13, 2007
Page 32 of 160
Planned and Committcd Capitallmpl'ovcmcnt Proiccts
Planned and committed capital improvement projects were identified for the study area
based on the Collicr County and Florida DOT Five Year Capital Improvement Programs.
Those projects which would impact the study's results and those scheduled for
construction prior to thc ycar 2009 wcre the only projects accounted for in this rcport.
The FDOT and CoBier County work program have no improvements to the immediate
arca that would influence the subjcct site.
The Collier County Transportation Five Year Work Program is attached to this report in
the Appendix for reference. Figurc 3 indicates the Existing + Committed (E + C)
roadway network utilized for the analysis, Roadway projects that will impact traffic
surmunding the subjcct sitc include the construction of the Golden Gate Parkway
interchange with J-75, which is the next major cast/west arterial south of Pine Ridge
Road, as wcll as the completion of the cxlcnsion of Livingston Road into Lee County to
the north, which is the next major north/south corridor to the cast of Airport Pulling Road,
Both of these improvements wiBlowcr the traJ'lic demand on Pine Ridge Road and
AirportPuBing Road. In addition, CoBier County is widening Goociletle Frank Road
li'OIll Golden Gate Parkway to Vanderbilt Beach Road, which is the next major
north/south corridor to the west of thc subject site.
Page 9
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Page 33 of 160
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K CONSULTANTS, INC.
Agenda Item No. SA
March 13, 2007
Page 34 of 160
V. QUESTION 2]-B
Provide a projection of vehicle trips expected to be generated by this development.
State all standards ,1I1d assumptions used, including trip end gencration rates by
land usc typcs, sourccs of data, modal split, persons per vehicles, etc., as appropriate.
The acceptable methodology to be used for projecting trip gcncration (including the
Florida Standard Urban Transportation Model Structure or the Institute of
T.-ansportation Enginecr's !I'ip gcncration nltcs) shall bc dctermined at the pre-
application confercncc stage.
Projcct Trip Gcncratiou
At the pre-applicationll1eeting, it waS agreed that the vehicular trip generation rates
would he calculated based on methodology provided in the Trip Genemfion report,
published by the Institute of Transportation Engineer's (lTE), 7'h Edition. Trip generation
rates and calculations j()r the proposed land uses ",'ere submitted in the project's
Transportation Methodology Report. The trip generation of the existing 374,310 square
feet ofuscs that exist on the subject site were taken fromlhe tranie counts conductcd by
TR Tnmsportation, 13ased on the DR! allocation, approximately 13,489 square feet of the
existing uses arc considered onice while the remaining 360,821 square fect is considered
retail. Table 4 indicates the breakdown of the uses that cUlTently exist on the site.
Table 4
J>jnc Air Lakcs ])RI
Existin Land Uscs
Use
Size
L Retail
L____General Offiee
Total
360,821 s,f.
13,489 s.f.
374,31 () s.f.
Table 5 indicates the various future land uses analyzed as part of this report and their
respective land use codes Ji'OIl1 the ITE report that were utilized to estimate the number of
vehicle additional trips that wiiJ be generated.
Page 11
1: TRANSPORTATION
K CONSULTANTS, INC
Agenda Item No. 8A
March 13, 2007
Page 35 of 160
Table 5
Pine Ail' Lakes J}Rl
Land lJses/ITE Code
lTE Land UseCode'ITE Land Use'Code Name
.:.-....-.......,..... .,.".."-....-,.,,,.,':..,...: "'....,.......,,.,..,....,....-..-,.........'.... "',,- .........-..
Retail
820
710
Shopping Center
G-;:'ner;1 Oflicc Building J
..----,
General Office !
Table 6 indicates the nom area of both onice and rctailuses that arc not currently
constructed on the site that would be permitted based on the reg\lested change to the DRL
Table 6
Pine Air Lakes J}Rl
Proposed Total Land Uses
Use SEee
Retail
1,000,000 s.f.
75,000 s.r
L~~~~::~1n2:J~I~ln~,L~, 1,075,000 s.ru'l
] Inch;des -;1;0 ~ 74j 10 -s.f:. nf e~isling lI~C~ \vilhin the project
General omcc
Tahle 7 indicates the peak hour trip generation as surveyed by TR Transportation
Consultants as well as includes the trips generated ii'om the ITE rCJl()l't for the additional
ret,lil und office uses bcing requested.
a\\' nil ..cncra JOn
__..n. .----- ~ 1,
I . WcckdayP.M. Peak Hour Daily
Use .,
In I Out Total 2-\vay I
i '.
n n
General Office 30 130 160 1,070
_.~------~-~- ]'~S- ,
Retail ~J I .. 1.485 ! 2,860 30,330 1
Total .,~.",l,'=.~.~,Jl ,6 1 5 I 3Jl20 31,400
_.....,.-~.J
Table 7
Pine Air Lakes DRl
R T' C r
The trip generation rates are shown in Table 8.
PHgc 12
1: TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. SA
March 13, 2007
Page 36 of 160
LI1 ('1') = 0.66 Ln (X) ,. 3.40
LI1 (T) "' 0.65 LI1 (X)" 5.83
T ;;:; Trips, X::..: 1,000 square fect of noar (Irca
(3cneralOffice
(LUe 710)
'I' = I 12 (X) ,. 78.8 J
LI1 (1')"' 0.77 LI1 (X),. 3.65
T "' Trips, X "" 1,000 square feel of nom arco
The trip generation as approved in 1985 and amended in 1994 is shown below in Tablc 9.
Table 9
Trip Gcncl'afion Compllrison
Pine Air Lakes DIU
" Weekday PM Peak. Hoilr .
'Tri Generatioil
ITE
(D:1Vid Plummer lIS. da\cd fvlnrch 15. 1994)
ITE
___.J.l}avi,~.PII11l1111r.;r TIS. dalcd f\~lllrd!...15. 11)94)
ITE
1985
3, 103
2,701
1994
2006
3,020
. .
- . - ---.
Note: ITE Trip C;cllcratioll 5th Eclition 111ilizcd by DRVid Plull1mer & ^~soc. for the 1994 report
71h Edition or lTE Trip Generation utilj;/.ed for 2006 data
Based on the requested modification to the DRI, the trip generation will be decreased
from what was originally proposed in 1985 and be increased by approximately 319 P.M.
peak hour trips as modi1ied in 1994. However, it should he noted that based on traHic
surveys conducted at the site access driveways of the existing uses on the subject site, it is
not anticipated that the peak hour trip gcneration of the project as requcsted (J ,000.000
squarc feet ofretai] and 75,000 square feet ofoffiee uses) will gcneratc more than 2,701
peak hour trips. In addition, tlK' new conncction proposed to J & C Boulevard will further
rcduce the peak hour trip impacts on the adjacent roadways of Pine Ridge Road and
Airport PuIiitlg Road.
Pngc 13
1:. TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. 8A
March 13, 2007
Page 37 of 160
VI. QUESTION 21-C
Estimate the internal/external split for the generated trips lit the end of each phase
of developmcnt as identified in (Il) above. Use thc formllt below (the format has not
been shown below) and include a discussion of what aspects of the development (i.e.,
opportunities, etc.) will account for this internal/external split. Provide supporting
documcntation showing how splits were estimated, such as the results of the Florjda
Standard Urban Transportation Model Structurc (FSUTMS) model application.
l)escrihc the extent to which thc proposcd design and land usc mix will foster a mOl'e
cohesi\.e, intemally, supported project.
Intcrnal/Extern,.1 Trip Gcneration
Thc Pine Air Lakcs developmcnt will cOI1linue to providc retail uses that will allraet trips
from the volume of traffic traveling the adjacent roadway system. The trip gencration
from the existing uses was based on peak hour [ranie counts conducted by TR
Transportation during the weckday peak hours of the adjacent street. The trips generated
for the ('emaining uscs that currently do not exist are based on the ITE Trip Generation
Report, as previously referenced.
VII. QUl~STION 21-D
Providc a projection of total pcak hour traffic, background plus DIU trafl1c, on thc
highway nctworl, within the study area at the cnd of each phasc of dcvelopmcnt. If
thcsc projcetions arc bascd on a validated FSUTMS, state the source, date lllld
netwlll'l, of the model and the TAZ projections. If no sllllldard model is available or
some other' model proeedun. is used, desel"ihe it in dctail and include doeumcntation
showing its validity. Dcscl"ibc the proecdurc uscd to estimatc and distributc traffic
with full DRI dcvclopmcnt in subzones at build-out and at intcl'im phase-end year"s,
Thcse assignments may r'cllcet the effects of any new road and/or improvemcnts
which ar"c programmed in adopted capital improvement programs and/or
comprehcnsive phllls to be constructed during I)IU constriction; however, the
inclusioll of such roads should hc clearly identified. Show these linl, projections on
maps or tnbles of thc stndy area network, on lIIap or tahle for each phase-end ycar,
Descrihe how these conclusions were reached.
SignificllntIv ]mpacted Roadwavs llnd Intersections
The roadvv'ays analyzed \vcre subject to the measuremcnt of (he projec.t's signil1canl
impact. I.'Signif1cal1l impi-lctB WLlS measured as project lranic volumes representing 50/0 or
morc orthe existing plus committed (E + C) roadway adoptedleve] ofsel'vice, The
P~gc 14
r
1: TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. 8A
March 13, 2007
Page 38 of 160
existing road network in the vicinity of the project has been shown in Figure 1. The
major roadways that will serve the site include Pine Ridge Road and Airport Pulling
Road.
The following represents roadway segments reviewed for this analysis:
Pine Ridge Road - fi'om Goodlelle Frank Road to 1-75
AiI'pol't J>ulling Road - from Golden Gate Parkway to Vanderbilt Beach Road
The distribution of the development trips is graphically represented on Figure 4. The
trips were then assigncd to the roadway segments listed above to determine which
segments would require further ~nalysis. The percentage impact as percent of the adoptcd
LOS volume are also shown on Figure 4. The following scgments were deemed
significantly impacted by 5%, and as such, were further analyzed in response to criteria
cstablished for Question 21:
Page 15
2460
(123)
5.0%
Agenda Item NO.8
MarciN 13, 2007
Page' 9 of 160
t
10%
. VANDERBILT BEACH RD
+4% + +10%+
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PERCENT DISTRIBUTION
ADOPTED LOS VOLUME
PROJECT TRAFFIC
PROJECT TRAFFIC PERCENTAGE OF ADOPTED LOS
1: TRANSPORTATION
K CONSULTANTS, INC.
IMPACT AS A % OF ADOPTED LOS
PINE AIR LAKES
Figure 4
r
1: TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. 8A
March 13, 2007
Page 40 of 160
Airport Puliing Road - South of Pine Ridge Road
Airport Pulling Road - Pine Ridge Road to Vanderbilt Beach Road
Pine Ridge Road - Naples Boulevard to Goodlette Frank Road
Pine Ridgc Road - Airport Pulling Road to Livingston Road
The following interscctions wcre reviewed bused on thc 5% significant impact rule:
Pine Ridge Roud at Naples Boulevard
Pine Ridge Road at Airport Pulling Road
Airport Pulling Road at Naples Bouievard
Naples Boulevard at Costeo access
Naples Boulevard at Regal Cincma Access
Naples Boulevard at Lowe's Eastern Access
Based on the 5% impact, the f{)lIowing intersection were analyzed further as part of this
report:
Pine Ridge Road at Naples Boulevard
Pine Ridge Road at Airport Pulling Road
Airport Pulling Road at Naples Boulevard
J\aples Boulevard at Costco access
Naples Boulevard at Regal Cinema Acecss
l'\aples Boulevard at Lowe's Eastern Access
For roadways and intersections under study, the following conditions were analyzed:
2005 Existing Conditions
2010 Background Conditions plus Project Conditions
As previously mentioned, Pine Air Lakes is expecting a relatively quiek build-out of
approximately 5 years. Since approximately Y, of the project is already either constructed
or in the permitting stage, a build-out of live y(,ars is not unrealistic. As a result, the most
accurate method for determining the future background traffic volumcs waS based on
historical growth trends cstablished in the area.
The Collier County Concurrency Managcmcnt Systcm was utilizcd to dctcrminc if
sutlkient capacity is and will be available on the surrounding roadways with the
additional retail noor area being, requested. Based on the latest inj{))mation as provided
Page 17
1: TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. 8.'1
March 13, 2007
Page 41 of 160
by the CoIlier County Concurrency Management System, the project traffic was
comparcd with the available Capacity for Peak Hour - Peak Direction tramc conditions
as defined in the most recent Collier County Concurrency Spreadsheet. Based on the
information containcd within Table 10, all of the roadway links that are projectcd to be
significantly impacted in accordance with the Collier County 3%-3%-5% Significance
Tcst will have sufficient capacity to accommodate the additional trips gcnerated by thc
project.
As can be seen ii'om Table 10, therc is sufficient capacity available on the significantly
impacted links surrounding this project to accommodate the projected additional traffic
demand ii'om the addilionai retail noor area. Therefore, no improvements arc
recommended to achieve the adopted Levcl of Service for any of the roadway segments
uncleI' study.
Page 18
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K CONSULTANTS, INC.
Agenda Item No. 8A
March 13, 2007
Page 43 of 160
The intersections in the immediate area were analyzed to determine what, if any,
improvements would need to occur to accommodate the projected additional development
trips. The site access drive intcrseetions along Naples Boulevard were not specifically
analyzed as these intcrseetions will be modified as development permits are applied for to
provide the ncccssary turn lanes and traffic control to accommodate the specific projects.
A Site Development Permit is currently being reviewed by Collier County for the
property immediately north of the Pine Air Lakes projcet that wi[1 provide an
interconncction to the Pine Air Lakes project dircctly to J & C Boulevard. J & C
Boulevard currently serves a larger commercial/industrial area and the interconnection
will allow traffic from this large commercial area to access the Pinc Air Lakes DR!
without having to travel on the adjacent arterial romls, as they mLlst do presently due to
the lack of any connection to the north and west from the DR!. This connection was
taken into accoLlnt in assigning the trips from the additional devclopmcnlto the
surrounding road\vay net\vork.
Table 11 identifics the intersections that were studied as well as the projected Levels of
Service and any improvements that will be requircdto maimain that Level of Service at
build-out of the project.
II...... -.-- ---. ~.- .---..--.. 1 ".-. --.- --- ._.~ ._-~
-- Intersection LOS Il1lpl'OVCments_Neccssnry to
2005 LOS 2010 Maintain Acceptable LOS
--..
I Airport Pulling Rd.ll'ine ! lmplcmemation of
E F
Ridgc Rd. SCOOT System
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i Airport Pulling 13 D Triple EB Lefts
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Pine Ridge Rd.iNaples C C None
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Table 11
2005 and 20 I 0 Tl'ame Conditiolls
Intersection Level of Service Designatioll
p[lgc 20
-c. TRANSPORTATION
-'. K CONSULTANTS,INC.
Agenda Item No. SA
March 13, 2007
Page 44 of 160
VIII. QUESTION 21.E
Assign the trips generated by this development as shown in (8) and (C) above and
show, on separate maps or tables for eaeh pllllse-end year, the DRI traffic on each
link of the then existing network within the study area, Includc pcak hour
directional trips. If local data is available, compare average tdp lengths by purpose
for the projcct and local jurisdiction. For thc YCllr of thc build-out and at each end
of each phasc estimate the pcrcent impact, in terms of peak hour directional DIU
trips/total peak hO\ll' directionallrips and in tenus of pcak hour DRl trips/existing
peak hour service volume for dcsired LOS, of each l'cgjonally significant roadway in
thc study area. Identify facility type, numbcr of lanes and projected signallocalions
for thc J'egionally significant roads.
Duc to the size, location and build-out sehcdu]e of the development, it was agreed to at
the pre-application meeting that the use of the Florida Standard Urban 'T'ransportation
Model Structure wou]d not provide applicable modeling forecast. The use of the
FSUTMS mode] on DRI projects with Sh0l1 build-out schedules generaily results in
extremely high growth ratcs and non-Iogica] project gcnerated trip assignl11ents,
Therefore, the Pine Air Lakes tramc was manually distributed and assigned to the
surrounding roadway system based on review of existing traffic patterns in the area as
well as other factors, such as location of complimcntary land uscs, and location of I11l\jor
population centers.
Figure 4 providcs a detail of the trip distribution utilized for this analysis as well indicting
the number of trips thc additional J100r area will add to each roadway link. Fig\ll'e 5
indicates the assignment of the development traffic to the surrounding intersections.
The PM peak hour project trame was then distributed to the surrounding roadways and
intersections based on the "nticipatcd distribution, These assignments arc shown on
Figure 6. 2010 tramc conditions were then determined by combining the background
trunk conditions and the project tramc assigned to tbc surrounding streets and
intersections. Development plus background tranic, along with corresponding Levels of
Service, have been shown in Tahle 9. Figure 6 graphically indicates the total traffic
assignment to the surrounding intersections.
Page 21
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LEGEND
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1: TRANSPORTATION
K CONSULTANTS, INC.
Agenda item No.
March 13, 2007
Page 45 of 160
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Agenda Item No.
March 13, 2007
Page 46 of 160
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1:. TRANSPORTATION
K CONSULTANTS, INC.
2010 TRAFFIC PROJECTIONS
PINE AIR LAKES DRI
Figure 6
1: TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. 8A
March 13. 2007
Page 47 of 160
IX. QUESTION 2]-F
Based on the assignment of trips as shown in (D) and (E) above, what modifications
in the highway network (including intersections) will be necessary at the end of each
phase of development to 'lttain and maintain the adopted Level of Service
standards? Identify which of the ahove improvements are required hy traffic not
associated with thc DRI at the end of each phase. For those improvemcnts needed
earlie,' as a result of the DRI, indicate how milch earlier. Where applicable, identify
Transport:ltion System M,magement (TSM) ,lIternatives (e.g., signalization, one-way
pairs, ride sharing, etc.) that will be used and 'my other measu,'es neeessal'y to
mitigate other impacts such as increased maintenance dlle to a 1:11'ge number of
trllek movements.
Based on the information discussed under (D) and (E). improvcments will be necessary at
the intersection of Naples Bou]evard and Airporll'ulling Road in order to maintain nn
acceptable Lcvel of Service for the buildout traffic conditions. This improvement would
include re-striping the west leg of the intersection to provide two exclusive left turn lanes,
a shared through/ten turn lane and a right turn lane. Signa] modilicmions wi]] also be
necessary as this wil] require a split phase signal operation. With these improvcments. the
intersection is projected to operate at LOS "[f.
At the intersection ofl'ine Ridge Road and Airport Pulling Road. several movcments are
projected to operate at LOS "I''' with or without the additional noor area being requestcd
with this amendmcnt. Thc current traffic data available docs not accurmely reflect the
shin in traJ1ic dcmands due to the new six lane north/south Livingston Road corridor
being available from Lee County through Co]lier County. This altcrnate north/soutb
corridor will alleviatc the demand on Airport Pulling RO~ld in tbis area. ]n addition.
severa] otber improvemcnts to cast/west corridors wil] 'llso impact Pine Ridge Road.
These include tbe widening of Vanderbilt Beacb Road to six lanes as well as the widening
ofGolclen Gate Parkway to six lanes and a full interchange with ]-75.
An additional commitment the Developer has made is 10 provide. througb easements,
connection from Naples Boulevard to J & C Boulevard to the north. Along with the
cooperation of property owners to tbe nortb of the project, a roadway connection will be
Page 24
1: TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. 8.'1
March 13, 2007
Page 48 of 160
provided that will allow traffic from the commercial development to the north to acccss
the subject site, as well as Naples Boulevard, without travcling along Pine Ridge Road or
Airport Pulling Road, This interconncction will provide a positive benefit to the area road
network by allowing retail shopping trips on a peak hour and dai Iy basis to be made
between the commercial uses and industrial uses without placing additional burden on the
major arterials. Short shopping trips or trips during the lunch time period from the
industrial uses can be completed to the retail serviccs without traveling on Pine Ridge
Road or Airport Pulling Road. The J & C business park employs a substantial number of
persons that will hc able to takc advantage of the retail uses within the Pinc Air Lakes
DR!.
The project also ineludes a reverse fl'ontage road on either side ofNapJes Boulevard that
allows trips bctween uses to occur without traveling on Naples Boulevard. Trips betwccn
thc various uses within the projcct can occur without having to travel on Naples
Boulcvard or tbc cxternal road system.
The Developer bas also agreed to make a financial contribution to Collier County for the
purposes of implementing the SCOOT system on Airport Pulling Road north of Pine
Ridge Road to accommodate the additional turn lancs being addcd. The SCOOT systcm
is a eomputcrizedtralTie signal coordination program that provides tllr a more c!licienl
use of the numbcr of lravellanes available by optimizing the traffic signal timings based
on the actual real timc tramc dcmands. Implementation of this system along Airport
Pulling Road will provide for an increased cfficiency in thc road network and a decrease
in the delay experienced at the signalized intersections.
The Developer is also providing the neccssmy funcls to Collier County to implement a
pCt'lnanenttraffic count station on Naples Boulevard in order to complete real lime tramc
monitoring as part of the DRI Development Order. This (ranie station will provided DOT
staff with necessary traffic cOllnt data to evaluate the Concurrency Management system
currently in place in Collier County.
Page 25
1: TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. 8A
March 13, 2007
Page 49 of 160
In order to mitigate any external impacts of the project, the Developer has agreed to
interconncct thc Pine Air Lakes DRl with the existing street network to the nOl1h (J & C
Boulevard), construct additional lell turn lanes on Naples Boulevard at Airport Pulling
Road, make a financial contribution to Collier County for the purposes of retiming the
SCOOT trafJic signai system along Airport Pulling Road, provide a permanent count
station within the DRI to monitor traffic and provide a reverse li'ontage road within the
projcct to reduce impacts to the public road system.
Based on surveys at the access points serving the existing uses. it is projected that, even
with the additional retail noor area being rcquested. the project will not exceed the totai
P.M. peak hour trip generation as approved in ] 994. The project as requested will also
not exceed the trip generation as originally approved in 1985, illr which the overall
mitigation mcasures to the transportation system were ultimately devcloped and
implemented by the project.
The project is also anticipated to generate approximately $7.9 Million in roadway impact
fecs from the additional amount of commercial retail dcvelopment requested. This. in
combination with the other commitments made by the Dcveloper. willmorc than offset
any additional impact the project will have on the slIl'rounding roadways.
Page 26
-c TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. 8A
March 13, 2007
Page 50 of 160
X. QUESTION 2]-G
Identify the anticipated number and general location of access pojnts for driveways,
median openings and roadways necessary to accommodate the proposed
dcvelopment. Please note which proposed IICCCSS points are to be located on the
State Highway System and must be permitted pursuant to Rules ]4-96 or ]4-97,
Florida Administrativc Code. Describe how the applicant's acccss plan will
minimize the impnets of the proposed development and preserve or cnhance traffic
now on the existing and pl"Oposed transportation system. This informntion will
assist the applicant and governmental agencies in renching conceptunlngreement
regarding the anticipated necess points. While the ADA m'lY constitute a conceptUlll
rcview for IIccess points, it is not n permit application and ,therefore, the applicant is
not requir'ed to include specific dcsign reljuirements (geomctry) until the time of the
permit application,
Xl. QUESTION 2]-H
If applicable, describc how the project will complement the protection of existing, or
development of proposed, transpoJ.tation corridors designated by local governments
in their comprehensive plans. In 'lddition, identify what commitments will be made
to protect thc designatcd corridors such as inter-local agreements, right-of-way
dcdieations, building set-hacks, et,',
The project is not proposing any acecss points onto a Stale Highway Systcm routc. thus
not rcquiring a pcrmit from thc Florida Departmcnt of Transportation pursuant to Rules
14-96 or 14-97, Florida Administrative Code.
Acecss to the proposed developmcnt will be provided via Naples Boulevard. a four lanc
dividcd collector roadway that was eonstructcd as part ofthc transportation mitigation for
the Pine Air Lakes DRI and deeded to Collier County as a public roadway. Three
existing separate access drives serve the development with several mOre planned in the
future.
XII. QUESTION 21-1
\Vhat provisions, including hut not limited to sidcwalks, bicycle paths, intel'l1al
shuttles, !'ide sharing and puhlic transit, wiil be mnde for movement of people by
means other than privllle automobile'! Refer to internnl (ksign, site planning,
parking provisions, location, etc,
Refer to the Applicant's response to Question 21-C and 2] -F.
Page 27
1: TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. SA
March 13, 2007
Page 51 of 160
XIIl. CONCLlJSION
In order to mitigate the external impacts of the additional trips, the Developer has agreed
to contribute to off-site mitigation efforts, such as interconnecting the Pine Air Lakes DRI
with the existing street network to the north (.J & C Boulevard), construct an additional
eastbound len turn lane on Naples Boulevard at Airport Pulling Road and contribute to
(oilier County for the purposes of implementing and retiming the SCOOT trafiie signal
system along Airport Pulling Road to accomlllodate the additional turn lane and traffic
generation,
The CH2M Hill technicalmemorandulll in the Appendix of this reports summarizes the
trip generation of the project as originally approved, as cllI'rently approved and as
proposed. The minor increase in trips between the currently approved development
intensity and thc proposed development intensity will be offset by the dispersion of Ihe
site trips to/li'om the north to .I & C I30ulevard whereas all the trips are now forced to use
Airport Pulling Road or Pine Ridge Road to access the project. I3ased on the preliminary
estimates, as much as 50/" to 15% of thc projcet trips could be diverted to the connection
between .I & C Boulevard and the project. thus reducing the corresponding amount of
trips that would otherwise have to use Airport Pulling Road to ueeess the project.
At the intersection oC Pine Ridge Road and Airport Pulling Road. several movements are
projccted to operate below the acceptable I,OS with or without thc additionallloor area
being requested with this amendment. 'fhe current tm11ie data available docs not
accurately reflect the shift in traflie demunds duc to the new six lane north/south
Livingston Road corridor being available from Lee County through Co!lier County, or the
widening ofYanderbilt Beach Road to six lanes or the widening oYGolden Gate Parkway
to six lanes and a flJlI interchange with )-75.
[)age 28
1:.. TRANSPORTATION
K CONSULTANTS, INC.
Agenda Item No. 8A
March 13, 2007
Page 52 of 160
The "reverse frontag,e road" on cithcr side of Naples Boulevard will allow trips between
uses to occur without traveling on Naples Boulevard, Trips between the various uses
within the project can oeeur without eausing, additional external traffic impacts.
The Developer has also agreed to make a financial eontribution to Collier County for the
purposes of implementing and l'e-timing the SCOOT system on Airport Pulling Road
north of Pine Ridge Road. The implemcntation and optimization of the SCOOT system
could improve the overall cfficiency of the roadway by as much as 10% to 25%, including
incrcasc in capacity by decrcasing bead ways, decreasing overall approach delay and
improving, traffic Jlow along the arterial corridor.
The Developer is also providing, the necessary funds to Collier County to implement a
permanent traf1ic count station on Naples Boulevard in order to complete real time tramc
monitoring as part of the DRI Dcvclopment Order.
Based on surveys at the access points serving the existing, uses, it is projected that, even
with the additional retail !loor area being requested, the project will not exceed the total
P,M. peak hour trip generation as approved in 1994. The project as requested will also
not exceed the trip generation as originally approved in 1995, for which the overall
mitigation measures to the transportation system were ultimately developed and
implemented by the project.
The project is also anticipated to generate approximately $7.9 Million in roadway impact
fces li'om the additional amount of commercial retail developmcnt requested. With these
improvements and contributions, any additional trip generation that may be experienced
by this project will be more than offset.
Page 29
EXHIBIT "An
A ".rcel or trac.t.of hnd lying In Section 11, rO'o'nshlp (9
South. RAnge 25 (15l. Collier County, flor1dj, be1n9
d~'cr1b~ .1 fol10W1:
Comm<nc1n9 It the Horth<<ist' corntr of slfdStct10n 11.
run S OO021l(7- W ,1009 the (1St ltne of Slid Sc'tlo~ 11 .
distinct: of 1318.85 feeti the-nee S e.gon'13. W' 100.0<4. (cd
to the POINT Of 6(GIKMIHG lnd the ~sterly r1qht.o(-w.y ltne
of County ROld No.31; thence continue S 85041'IJ- V 165(.OG
(eet; thence S 0100S121" [ 1JIG.71 (eet:. thcnce S 0100S'lS-
E 1316.78 (ecti thence K 68051"31" E 134.1.0(2 (eet; thence
N 0001B'S8" ~ 329.IS feet; thence N &BOSO'S7" E 1215.82 fe,t
to the \.1estcrly rlght-o(-'l<'<1Y 1 tne of Count)' ROid Ko.Jl;'
thence << 00027'18" E .10n9 sold r19~t-o(-w.y line 9B9.28
feet; thence M 000Z7'.0" E .10ng !.lid dght"'<)(-\(IY 1 ine
IJIB.80 reet to the POINT Of BEGI<<NING:
S.ld pared 0.- trlct contllnln9.148.~9 ."crt1:. bOre or ltss.
Subject to cls~nti. restrictions Ind rejcrvltfons o( record.
Bearfngs b'jed on t b(aring of H 000Z1'47. [ en the (ast
Hne of the 1((':1: of Section 11. Township <49 South, R.an9c 2S
(ast, Callicr County. florida.
This cJcscr1ption I\(tt.s the X1nlCll.U1'l Technic,,1 Stlndirds IS ,
set forth by the floridl Board of Lind Surveyors, pursujnt
tQ Chapter 47Z.0Z7, Florida Stltutes. .
Agenda Item No. 8.'1
March 13, 2007
Page 53 of 160
)
Agenda Item No. 8A
March 13, 2007
Page 54 of 160
RESOLUTION NUMBER 07-
DEVLEOPMENT ORDER NUMBER 07-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIO:>lERS
OF COLLIER COUNTY, FLORIDA AMENDING DEVELOPMENT
ORDER NUMBER 85-5, AS AMENDED, THE PINE AIR LAKES
DEVELOPMENT OF REGIONAL IMPACf (DRI) BY PROVIDING
FOR: SUBSECTION ONE, AMENDMENTS TO DEVELOPMENT
ORDER, BY INCREASING THE SQUARE FOOTAGE FOR
REGIONAL COMMERCIAL RETAIL USES AND REDUCING THE
SQUARE FOOTAGE FOR OFFICE USES WHICH RESULTS IN AN
OVERALL INCREASE IN SQUARE FOOTAGE, AND PROVIDING
FOR CONVERSIONS OF OFFICE SQUARE FOOTAGES TO RETAIL
SQUARE FOOTAGES AND VICE VERSA, BY INDICATING
IMPROVEMENTS THAT HAVE BEEN MADE TO DRAINAGE,
TRANSPORTATION AND WATFJ< SEWER FACILITRS, REVtSING
THE LIST OF IMPACTED ROADWAYS, BY PROVIDING FOR
MITIGATION FOR APFORDABLE HOUStNG IMPACfS AND BY
EXTENDlNG THE TERMlNATEION DATE: SECTION TWO:
FINDINGS OF FACT: SECTION THREE: CONCLUSIONS OF LAW:
AND SECfION FOUR: EFFECT OF PREVIOUSLY APPROVED
DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND
EFFECTIVE DATE.
WHEREAS, the BOli'd of County Commissioners of CollicI' County approved
Development Order 85-5, which approved. Development of Region.l Impact (DR!)
known as Pine Air Lakes on November 12, 1985;
WHEREAS, the Southwest Regional Planning council appealed Development
Order 85-5: and
WHEREAS, the appeal was settled by the Iloard of Connty Commissioners
adopting Resolution 86-63, which amended the Pine Air Lakes Development Order. on
Apdl 15, 1986: and
WHEREAS, the Application For Development Approval (ADA) was
incorporated into and by reference made a part of the Development Order; and
WHEREAS, the owners of the DRI property are desirous of amending tbe
Development Order; and
WHEREAS, the development order hoilS been subsequently amended; and
\VHEREAS, Karen Bis.hop, of Project Management Services, Tnc., and Richard
Yovanovich, of Goodlette. Coleman and Johnson, P.A., representing the Airport Road
Limited Partnership have petitioned the Board of County Conunissioners to further
amend the Pine Air Lakes Development Order; ancl
I
Words are clelelcd; words underlined are added.
Agenda Item No. 8A
March 13, 2007
Page 55 of 160
WHEREAS, lhe Collier County Planning Commissioner (Cepe) has reviewed
and considered the proposed amendment and the report and recOImnendations of the
South West Florida Regional Planning Council (SWFRPC) and hils held a puhlic hearing
on the petition on December 21, 2D06~ and
WHEREAS, the Board of County Commis!;ioncrs of Collier County has reviewed
and considered the proposed mncndmcnt and the reports of SWFRPC and the cepe and
held a public hem'iog on
,2007.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISISONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMEND:\1ENTS TO DEVELOPMENT ORDER
A. Paragraph 4, P'indillgs of Fact, of Development Order Number ~5~5, as amended, is
hereby amended to read as follows:
FINDINGS OF FACT
1. The real property which is the suhject of the ADA is tegally described as
set forth in Exhibit A, The-Plarnted Unit De','elofJtH8Rt Deel::lffi6Rt far PiRe
Aif-btllces ulta~lleG--fl(,"'fete.-a.-ftd-by-rcferenoc"--ffiftao fI. fHlrt fl~
,
,
,
,
3. The app]jcrlrlt submitted lo the County nn ADA and sufficiency response
eO\\'R ElS eemfJosite Exhibi-t-E;--Rnfr--by I'SfefSaee fflaae a Vat1 hereer, to the
extent that they are nol inconsistent with the terms und conditions of this
order.
4. The applicfmt proposes the development of Pine Air Lakes DR] lli--aflAee
Unit De"'elopment, for 148.99 acres which inCludes 25.&7 aaralS fef
effiee/..retail mLed use; 103 acres. for mixed use office/retail use: 33.49
acres for l'-lkcs/opcn space; ftPflT€lJ:imatelj 77.12 Beres fer regienal
Gommereil.ll; 10.: Rere~' fer )"0m]v:ay.:; and npproximately 1.81 acres of
cypress wellfmcls.
,
*
,
.
B. Paragraph 1, Conclusions of Lnw, of Development Order Number 85-5, us
<<mended, is hereby amended to read as [oHows:
CONCLUSIONS OF LAW
1. PROJECT [)ESCRIPTION: The ADA for the Pille Air Lakes project proposed
a range of ~quare foolage for approvill; however, the transportalion analysis
provided by the applicant addressed a project consisting of a total of ~O
LQ15.000 square feet of retail ,l11d office commercial use!; as delineated in
Paragraph La. hdow. +lte--AD:\ AlaA l'ifl6&iHed. tAat tAB 954~Unr6- f-eet-i-s
6\-llTentlj' pffi~l3~eB RRe tRAt aaElitional ammmts ? illl:le l'~fl:le~tAa if flltllf8 mtll'1:et
a::a!y::::i~ [:::8S : ne~~!.
Conditions:
2
Words are deleted; words ul1derlilt~ are added.
Agenda Item No. 8A
March 13, 2007
Page 56 of 160
n. Pine Air Lakes project approval shaH be for the foUawing maximum
square footage and uses, subiect to the conversion orovisiolls set f0l1h in
paragraplLGJ1~1.b~r~in.;,
Total
Sa. Ft.
707,000 1.000.000
=.000 75.000
9,7.999 1.075.000
Category
Regional Commerci al Retail
Office
b. Any further request for additional square footage shall be considered by
Colliel' County through the Substantial Deviation process pursuant to
Chapte,. 380.06, Florida Statutes.
c. Paragraph 2, Conclusions of Law, of Development Order Number 85-5, as
amended, is hereby amended to read as follows:
2. IlRAINAGEIW A TER QUALITY, The applicaut has proposed
a surface waleI' management system that, with an addition to the
pl'Oposed "Best Management Practices" (B. M.P. 's) should
improve water quality leaving the site and cease to add further to
the degradation of Naples Bay. ^dditiona[ly, the project has the
potential for locating businesses or other OIl-site uses that could
generate special 01' hazardous wastes (i,e" photographic
processing, gas station, printing).
.
.
.
.
Comlitlons:
e, VnthiR sbtty (60) days of the y...ritten request from tl=le CeuFLty
.^.dministralOl-';-6f--his ElesigRee, De\eJepel' shnllpl'8\'icle: The DevelOl)cr
h~s provided n thirty-five (35) foot wide and a twenty-five (25) foot wide
perpetual, non-exclusive easement for drainage purposes along the
weslefll boundary of the Pine Ail' Lakes project; thirty (30) font wide
temporary nOIl.ex.clusive constmction easement which parnllcls a twenty~
five (25) fool wide temporary lIon.exc1usive drainage easement, both of
which temporary easements connect with the lemporary drainage
easement for the lnke ahuuing the properly's northeastern boundary along
Airport-Pulling Road, around which lake the thirty (30) fool lcmpomry
construction easement continues; all as more fully described in the
dminage conveyance documents dated April 1994, and the drawings
attached thereto and prepared by Wilson, Miller, Barton & Peek, Inc.,
dated February 1994 for File No. 20-403. Said temporary ensemellts arc
for the purpose of accepting and transmining 29 acres of Pine Ridge
Industrial Park (Northeast Quadrant) drainage through the water
management system, and shall be abandoned at lime of Sile Development
approval of the area not1h of Edge\':o0d 9fWe Naoles Boulevard. At time
of Site Development Plan approval, a twenty-five (25) foot wide
perpetunl, non-exclusive ensement for dminage purpos.es shall by dedicate
to Collier County and recorded in the public records.
*
*
*
.
D. Paragraph 4, Conclusions of Law, of Development Order Number 85-5, as
amended, is hereby amended to rend as follows:
4. FLOODPLAINIHURRICANE EVACUATION: The prnposed letall
commercial and office development contains a large amount of common area that
J
Words are deleted: words !mdej"JiIlf"& are nelded.
Agenda Item No. 8A
March 13, 2007
Page 57 of 160
could be used as refuge in the event of a Hurricane. Tllis would constitute a llse of
Regioual benefit.
Gen,,*,-
a, Tl:e A.pplieRHt m'J!it meet \"ith tFle Aflfll'8priate CeHlltj' EmergeRs~' HaRagemsFlt
official!) te determine! the f)0t6AtiflI fo!' lIse ef the a8'/eloflmeRt's eemm8f1 areas AS
a hHlTieane refugB.
E. Par(lgraph 5, Conclusions or Law, of Development Order Number 85-5, as amended,
is hereby amended to read as follows:
5. REGIONAL SHOPI'ING CENTER: The proposed Pine Air Lakes regio"al
commercial center will contain UD to 1.000.000 square feet of retail space .and un
1075,000 BOUfire feet of office uses for use bY tbe markets of Collier County and
south Lee County by 2010.
Conditions:
*
*
,
,
b, In order to ensure that regionnl retail is achieved, there will be tlwee-n
minimum of two individual retail llse~, each with a minimum of 70,000
square feel of gross IcnsllbJc area (GLS) located north of Eage 'V8e~
NavIes Boulevard. Further. n majority of the lISes in the Regional
Conuncrcial arcn will be restricted to lIses specified in the Planned Unit
Development Document that are also within Division G of the Standard
Industrial Classification Manual, 1987 edition.
c. The Pine Air Lakes Droiccl shall have the rig:ht 10 convert office ~mace into
retail snnce or.n::lail space into offic~_ffiacc. with the conversion rate between
the different llses to be set forth fiS follows (tile .O;::Q.l1vcrsion rate has been
determined bv an eouivalent trin I!enerafion allflly~j$) UD to 50000 sCluare
feet of office area can be converted into retail area at the rate qf 100 SQuare
feet of additional retail area for every 420 soufl1:e~(eet of office area
converted. Additionallv. UD 10 50.000 saUDre feet of rc(ail area can be
convened into office area at the !'ale of 100 SOllfll'e feet of a.d~~jtional office
area for everv 24 SQuare feel of relail area converted.
F. Paragraph G, Conc1u::;ions of Law, of Development Oruer Number 85-5, as amended,
is hereby amended to rend ns fo[Jows:
6. TRANSPORTATION: Traffic generated by Pine Air Lakes, when combined with other
growtb in the Area, will necessitate substantial roadway improvements, jf level~of-sel'vice
"D" peak bOLn.~peak season conditions are to be maintained.
Conditions:
<l. The developer n-J:nH+-fwevis8 hm;p!J'l:yided a fail' shnre contribution (award the
capital cost of tt.affic signals ar ench of the project Recesses on Pine Ridge Road
and Airport Roml when deemed warranted by the Count.y Engineer. The signals
shall be owned, operated, and maintained by Collier County.
,
*
,
.
d. The following regional roHUV'/l1j's ~md inlcr::;cctions me projected to he
significantly impacted (5% of LOS D - peak hour, peak season) prior to project
buildout.
4
Words me deleted; words underlined are added.
Agenda Ilem No. 8.'1
March 13, 2007
Page 58 of 160
Significanlly Impacted Roadways are:
l. Airport Road
. Immel:a~ee Heatl te Va:ndel'bilt BeneR Read
. \1flRd6Fbi#-Bea~REl tB Edgew.eod DR, e
'* RElgeV/ooel-Dfi-ve ffi Pine Ridge Reaa
<- Pine-Ridge.Read teGe!G-Gato-Pal'kway
.-Geleen Gate Pari;:"&:. t8 Ratiie Road
. Golden Gale Parkwav to Vanderbilt Beach Road
. South of Pine Ride:e Road
Pine Ride:e Road to Vanderbilt Beach Road
2. Pine Ridge Road
< U.S. 4] l<>-Geoalelle Prank Rea<!
. Goodlellc-Frank Road to EJ.gewesEl Dl'i.8 Naples
Boulevard
&JgB\'\'00d Drive Naples Boulevard to Airport-
Pulling Road
<-AiFperH>lllJffig-Rea~
. Airoort Pulling Road to Livingston Road
. Goodlette Prank Road to 1-75
3. Immelmlee Reaa
. .\il'j3m1 Pulliag Read 1s 1 75
1. Vanderbilt Bassil Rst\a
<-AiFpefl-l'<tllffig-l<aaa 10 Li'iiHg,loll Roaa
. Li"iRg<lleiH<eaEi-le-Qlfks-Be~
'-9ako-B<luJeva,d-Ie-begRfl-B<ffiJ"""""
Significantly Impacted Intersecfions are:
~
6, Ahfl8ft PalliA;; Rea€llR-aaie--Ren4
7. .\irport Pl:llliBg ReaE1JGolden Gate Parl:'7ay
8. Airport-Pulling RondlPine Ridge Road
9. Ailport-Pulling Road! /;<IgB..""a Drh, Nap!es
Boulevard
1 0, ,"'.jrl'l9fl.-.Fu.l.lffig-Roa~erbilt Beaefi....&eaEI
j l. AiFpOlt Pdling Roaal!mmekalee--Read
~ne-RJage Rea<l/GeeElIelle-J'fauk
13, Pine Ridge RoadlEdgew8od Drive Naples Boulevard
14. Naoles Boulevard at Casteo Access
]5. Navies Boulevard III Re.a! Cinema Access
16. NaJ)les Boulevmd at Lowe's Eastern Access
e, The upplic.ant shall mitigate its impact on the regional and local
roadway and intersections identified herein us follows:
i) The Applicant shall make the improvements specified
in 6(a), (b), and (c) hereof.
iil The Applicant shall be subject 10 alllawfuJly adopted
transportation impact fees,
iii) The Applicant has constructed sH-aH-ee-l'%flB~e-fef
tfls--e~eaeR sf gage':/eeEi--I:)fi.w NavIes Boulevard
from its terminus on the southern property boundary to
and including the intersection improvements needed at
its juncllIre with Airport Road. Tbis roadway is
ex-peeled to provide an altemativc 10 and relieve 50me
tl'affic pressll1'e 011 the Pine Ridge-Airport Road
illtersection,
5
Words are deleted; words underline.g are added.
Agenda Item No. 8A
March 13, 2007
Page 59 of 160
iv) Applicant shall be required to make the following improvemenl to
Airport Road:
a) When requesled by Collier County Transportation Department,
Applicant has contributed shall 8S1ltfibl:tte the necessary funds
(approximately $RO,OOO) for designing six-hme improvements
from the currently designed terminus at Cougar Drive to the
northe1l1 access point of Pine Air Lakes on Airporl Road.
b) At the lime of issuance of the first building permit for vertical
constnlctioll in Pine Air Lakes, the Applicant h.'!~ contributed shtill
l>e-re&pelHlible-.."-ee,,.ffiHl.iAg (h,' e,orewiAg v'ith ",e-Ge~ the
necessary funds to six.lane Airp0l1 Road from its cun'ently
scheduled terminus at Cougar Drive north to the 1l0l1hcrn access
point of Pine Air Lakes on Airp0l1 Road. The Belua] amount of the
contribution shall he the full amount necessary to accomplish the
six-hmc improvements as determined by actual bid price. :lfl-.tAe
e. eAt that Affi81111t has not beeR eeterFAiRsa at that. point in t-iffie;-lfle
aFfJ01:lHt t8 be eSE!J's"'eEl shall be AS es.timateEl 8-) tAB Cmmty
+rofiSfH;)ltatioR Def:lSrtm0At Ie aeeompli.sl:t sHiEl &ix-lallo
-impreYefl1eHt-s--witlHllleaslllAe-Iefl telm at Et:lge"'eee Dri'18.
c) At the time the County Transportation Dcpar1ment deems a second
teft tUI11 lane is w~uTnntcd on Airport Road at the Bdgel'oeEl Dri','e
Naoles Boulevard intersection. Applicant shall has contributed it's
oronortiollatc share of the costs incurl.'~Q to install said second left
turn lane at its 6,.pt'J1l68 aAEI eeR-t:f:'ffilfte the funds necessary for any
improvements 10 Airport Rand 01' the adjoining canal to
aeeoJTunodate the second left ttu'J1lnne.
d) Said COIl[libutiollS set forth in (a) and (b) above &Halt.he-have been
credited to the Applicallt, his slIccessor or assignees, as 3 road
impact fee credit. The amount of the credit shall be the
contribution amollnt less any costs required [or the design or
constrLlction of site-related improvements. For the purpose of this
stipulation, sile-relnted improvements shaU be deemed to be any
north bound or south bound turn lanes. deemed required at each
ac(;c!)s point Lo Pille Ail' Lakes, signalization costs for the
intersection of &!geweeEl Drive Navies Boulevnrd find Airport..
Pulling Road, ,and any canal improvements assocjated with the
Pine Air Lflkf'~<; pl'Oject Collier Counly shall agree to use said
contriblltion for the sole purpose of the above described six-lane
improvements.
*
*
*
.
I. Except for tb~_~hrcc access 110inl<.; provided on AilU0l1 Road, all AH--access to
inc!jvidunl parcels shall be internal.
*
,
,
*
11, De"eh~f1FRBAt IlRA]] he limited to pamels--4mmetlialely ucljtu:H:mt to }jrl3srt Rena
until easements fer Eageweaa Dlive a~~-fleffiettteEl to the Ce:mty;
BEIge I,'SSEl Dri \'e is €-01:slf'.Istea; RBEI the ',:Rter-5J'fltem is loepeJ--..i.n-.oo.e.Ftkmee
wi-tlt-lfle L1tilili0!> Di\'isiun's regl:llatioFls finE!. reE'jHirell1entB.
G. Pnmgraph 7, Conclusions of Law, of Developmenl Ordor Number 85-5, as amended,
is hereby amended tu rcad as follows:
6
WOl'US me deleted; words nnderljn~g .are added.
Agenda Item No. 8A
March 13, 2007
Page 60 of 160
7. ENVIRONMENTAL CONSmEllA nONS:
a. A site dearing plan has been ~ submitted to the Development
Service!> Department for review and was aooroved nt)~rEl'(al prior to any
substantial work on the site. +his fllaFl mil) be sul31rultea in pR.a&e&--te
eaiaeide with tee atWelefffileA~edule. The site elenflRg plan BRait
eletlFly selfliet Rev: tlie CiRaI 5ite pluu iRGOrpofates retaiaed aRtive
~e ma:t:ft1HIfl edenl possible aRe Rely,' feRGs;-9uilaings,
t&ke&~tflef-fReilitie8 ha-:e beeR erieat6a-4:oaCCOlTIn::le(-ltH:e
tJ:is goal.
.
.
.
.
c. All exotic plants, as defined in the Collier County Land Development
Code, have been removed ~~eh pRase sf
88H!ltn:l.slio:A from all development areas, and preservations areas.
Following sile development a mnintelHlfice program ,c;hall he implememcd
to prevent reinvasion of the site by such exotic species, This plan, which
will describe (;ontroJ techniques and inspection intervals, shall be filed
with and approved by the Development Services Department.
.
.
.
.
H. Paragraph 8, Conclusions of Law, of Development Order Number 85-5, as amended,
is hereby amended to rend as follows:
8. UTlLITES:
A. Water and Sewer
1. Central water distribution and sewage collection and transmission systems
have been will--.oe constructed throughout the project development by the
Developer pursuant to nJ] CllITent requirements of Collier County and the State
of Florida, The proposed water and sewer' facilities ~ have been
constructed within easements to be dedicated to the County for utility
purposes or within platted rights.of-way. Upon completion of constl1lction of
water l:U1{l sewer facilities wHhin the project, the facilities wtH--be hflve been
lested to insllI"c they meet Collier County's minimum requirements at "'RisR
t-i-me---the-y-w-ill-be-and have been dedicated to the County pursuant to
appropriate County Ordinances and Regulfltions in effect at the time
dedication is requested, prior to being placed into service.
2. All construction plans and technical spedficalions and proposed pi<lts, if
.applicable. for the proposed water distribution and sewage collection and
transmission facilities ffiaat-ee hav~~reen reviewed and npproved by the
Utilities Division prior to commencement of construction.
.
.
.
.
5. An Agreement shall be entered into between the County .and the OWllcr,
legatly acceptable to the County, staling that:
it) The water sUPDlv and wastewater treatment facilities forJhis proiect are
Drovided hv Collier County and no temnorarv 01' interim water treatment
facilities ftl'e roouired,-+A~sed ",'ater s1:l13pl) and E1A fi.ite tr.eatment
flloilities AflEller en f.ite n:a~te\'l3.tBr ti:eattrent aH8 dispB5RJ faeitities,.---if
refJuired. R~': te Be 89115u'u61ed as part-of-..tfl8-pTupesefr.pFo:ieet and mast bo
regarded as inlerilfl~ tRey :;hflll t:le-eeRBWHeted to Stute--A-fl€l..-Fe€leffil.
stRA8an." amI are to be 8wned, oflerated, m:d maiR~:y--the--GwR:ef-;
7
Words are deleted; words underlined are added.
Agenda Item No. 8A
March 13. 2007
Page 61 of 160
fl.i.&--.a-ss-i-gflS or S1I8eeSBSfS l1ntil 51:3611 time as tl16--Getmty's CefltFal Water
F<ac--tti-t~efflr (SHtrer Ee'.:er Fflsilities Are available to ser\'iee the
J3f$e"
~Afleette>>---ta--tfle--Geunly's Centrel V7Ater PaeilitieEi, andlor Geffiml.
Sewer Pf\eiliti8&;--tfle--Gwner,..his-ass-igns-er 81:1eeeSSors shall a9am:lon;
dismantle, AAa rSlf'Aw'e {rem t~e site the interim ..8t8r RfJElJel' 68v:age
trenlFflent faeilit~' Rue clisee~f-tRe---wat8r sl1fJpl~' 6e~~
ilppJ.ioo&:le, in Ii f11QRRer SflH&!stent v hlci ~tate of.Fknisfl stm~aards. .^.ll
\':or[~ related \,ith this aeti':ity SHall ee j'JeJ'f8Ilned at ne e~e CeLlRt)'.
b) Connection to the County's Central Water and /01' Sewage Facilities will
be lTIilUe by the owners, their assigns or successors at no cost to the
County within 90 days nfrer such faciJitief> become uyuilnble.
c) All construction plans and technical specifications related to connections
to lhe County's Central Water .1IId/or Sewer Facilities wf.H.-be have Q~el!
submitled to the Utilities Division for review and approval prior to
commcncement of construction.
d) The owners, their assigns or successors shatl ngrce La pay aU applicable
system development chnrges at the lime that Building Permits are
reC]uired, pursuant to appropriate County Ordinances and Regulations in
effect at the time of Permit request. This requirement shall be mnde
known 10 all prospective buyers of properties for which building permits
will be required prior to the start of building construction.
e) The Coul1ly. at its option, may lease for operation and maintenance the
water distribution andJor sewer collcction and transmission system to the
project owner or his assigns for the sum of $10.00 per year. Terms of the
lew:;e sball be determined upon completion of the propos.ed u(iHty
construction and prior to activation of lhe water Sllpply, treatment and
distribution facilities and/or lhe sewnge collection, transmission and
treatment facilities.
.
.
.
.
D. The project Developer shall coopernte ond coordinate with the Utilities
Division and Public Works Department on (he installlllion of (he proposed oIJ-I;1te
package seWAge treatment plant. +tWi~lanned utility ifflflroveme'RtFl fer gcctioH--W-
rl::lt'SI1Hnt Ie the 01'eAtion of tAe--Pine.Rjdge-IndH5'tFial Part M$TL' ::All fDf all r.e'.\'age
HfHfl-Soeetif;lr1 11 10 be treated at a-G6fltral ElF! site '.reut1H:::Rt f:aellit)' Of-at---a-n-
aUernaJ~uHt) Regienal Se"'Rge TreRt-ment..Faeilit:" Carer-HI plRnAing "'ill be
retfUired-te-iHl:lure all onlerly cle','elopmeRt aAd GOAstr:.w-tffln..ef (,he se'1'e1' s)'lStefH-.1-fi4
trcattoonl-ku:Ji I it;., to serle this projeet aFle SeGtien-l.l-:--The. w.aler smmlv flnd
.wastewater treatment facilities for this nroiect nre..1KQ.vided bv Collier County and
.I1QJemQQLarv or interim water treatment [acilities are l~equjrcd.
L The Conclusions of Law Section of Develupmenr Order Number 85-55, as
amended, is hereby .amellded to add a new Paragraph cntiLled "Housing" to rend as
follows:
9. HOUSING: To satisfy the Pl'Oieces affordable housilH! impacts
cumulatively the !!policant's mitie:ation for commercial and Qffice uses sh.all be
$206.424.00. These JJ.l-J!ds shall be nuid Lo 'he Collier County Affordable Housinf! Trust
Fund at issllnnee of Q.l1ilding permit. If more than one building p~rmit is invol....ed. then
the payments shall bel~I9rated on U .50 cent ocr SQuare fool!H!e basis with a portion bcine:
collected al the issml1lr~.of each buildil1l! Dermit.
8
Words <l1"C deleted; words underlined are added.
Agenda Item No. 8A
March 13, 2007
Page 62 of 160
L. Paragraph 3, of the Future Resolution Section. of tbe Development Order
Number 85-5, as amended, is amended to read as follows:
BE IT FURTI-lER RESOLVED, by tbe Board of County Commissioners of
Collier County, that:
.
.
,
,
3. This Development Order~ termination date and Ule project buildollt date
shall be tbe same dale wbicb is October 14, ;lQOO 2010.
SECTION TWO: FINDINGS OF FACT
A. That the real property which is the subject of the Substantial Deviation
ADA is legally described as set fortb in Exhibit A, allaehed hereto and by
reference made a part bereof.
B. The application is. in accordance with Section 380.06(19), Florida Statues.
C. The applicant submitted Notification of Proposed Change to a Previously
Approved Development of Rcgionat Impact (DRI) pursuant to Subsection
380.06(19), Florid. Statues.
D. The applicant proposes the development of Pine Air Lakes on 148.99
acres of land in Collier County for commercial retail and office uses.
E. The proposed chmlges to (he previously approved Development Order 3re
consistent with the rcp011 and rec01mnel1dalions of SWFRPC.
F. A comprehensive review of the impact generated by the proposed changes.
to the previously approved development has. been conducted by the
County's depurtmcnts and the SWFRPC.
G. The development is not in aD area designated an Area of Clitic.al Stale
Concern pursuant to the provisiuns of Section 3&0.06, Hodda Stahltes, as
amended.
SECTION THREE: CONCLUSIONS 01' LA W
A. The proposed changes to the previously approved Development Order do
constitute a ~tlbstantial deviation pU1'su~nt to Section 380.06(19), Florida
Statutes. The scope of the development to be permitted pursuant to this
Development Order Amendment includes operations described in the
Notice of Change to a Previously Approved DR!.
13, The proposed changes to the previously approved Development Order are
consistent with the report and recommendations of the SWFRPC.
C. The proposed changes to the prcviously approved developmcnt will Ilot
unreasonably interfere with ~he achievement of the ohjectives of the
IIdoptcd State Land Development Plan applicable to the area,
D. The proposed changcs to tlie previously approved development arc
consistent with the Collier County Growth Management Plan and Collier
County Land Development Code adopted pUt'suant thereto.
9
Words are deleted; words underlined are added.
.L\genda Item No. 8A
March 13. 2007
Page 63 of 160
E. Tbe propo~etl chHnges 10 the previously approved development are
consistent with the State Comprchcnsi \Ie Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as llmended hereby, Development Order 85-5 shall remain in full
force and effect, binding in accordance with its terms on all parties thereto.
B. Copies of this Development Order Numher shall be transmitted
immediately upon execution 10 the Department of Community Affairs,
Burcnu of Lund aud \Vntcr Management, and (he Southwest Florida
Regional Planning Council.
C. This Development Order shall wke effect as provided by law.
BE IT FURTHER RF..SOLVED that this Resolution is recorded in the minutes of
this Board.
THIS RESOLUTION ADO]'TED this _ day of
,2007,
after a mol ion, second, and majOliLy vole.
A TIEST:
DWIGtIT E. BROCK, CLERK
BOARD OF COUNTY COMMlSSIONERS
COLLIER COUNTY> FLORIDA
By:
,Deputy Clerk
, Chairman
Approved as La form and
legal sufficiency:
~0
10
Words are deleted; words underlined are added.
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING.'& LAND DEVELOPMENT REVIEW
.,
WWW.COLLlERGOV.NET
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2800 NORTH HORSE~<;la.~21 No. 8A
"""''iIIl'Jf1:l\'"13,2007
NAPLES, FLORIDA 34104 Page 64 of 160
(239) 403-2400 FAX (239) 643-6968
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
. DOA_2005-AR-8543
PROJECT #19990038
DATE: HIl/05
i MICHAEL BOSI
]
Above to be completed by staff
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APPLlCANT(S) AIRPORT ROAD LIMITED PARTNERSHIP
ADDRESS 800 SEAGATE DR.. #302 CITY NAPLES
TELEPHONE # 239-261-2995 CELL #
E-MAIL ADDRESS:
STATE FL ZIP
FAX # 239-261,4278
34103
Is the applicant the owner of the subject property?
[gJ Yes
ONo
o (a) If applicant is a land trust, so indicate and name beneficiaries below.
o (b) If applicant is corporation other than a public corporation, so indicate and name
officers and major stockhoiders below.
o (c) If applicant is a partnership, limited partnership or other business entity, so
indicate and name principals below.
[gJ (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if
any.
o (e) If applicant if a lessee, attach copy of iease, 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) nome and address below.
Daniel Aronoff is President of Airoort Roaci Inc.. A general oartner of Airoort Road Limited
Partnershio
See attached Exhibit detailin~ orooertv ownershin
(If space is inadequate, attach on separerie page.)
I
AG~!iIT I~FO!l~TION
i.:":"""
Agenda Item No. 8A
March 13, 2007
~ 6r < ~fO
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",ij;':'T:,::,i"":'::::1i'::.'.'''tE::''''',:-
NAME OF AGENT RICHARD YOVANOVICH OF GOODLETTE COLEMAN & JOHNSON
ADDRESS 4001 TAMIAMI TRAILN SUITE 300 CITY NAPLES STATE FL ZIP 34103
TELEPHONE # 239-435-3535 CELL # FAX # 239-435-121 B
E-MAIL ADDRESS:RYOVANOVICH@GCJLAW.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
I' PROPERTY INfORMlO;TIO'N ..1
PUD ORDINANCE NAME Pine Air Lakes PUD NUMBER: Ord#94-25
Detailed le~al 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 far properly involved in each district. Applicant shall submit four (4) copies of a recent survey
(completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-
application meeting.
See exhibit
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.
SectionjT owns hip jRange
Lot: Block:
11
49S
25E
Subdivision:
Plat Book Page #: Properly 1.0.#: 66760001723.6676000274. 6676000036B.
66760011027.66760011302.66760010345.66760010303.66760002120. 66760001B20.
66760002065
Metes & Bounds Description: See attached
Size of prooertv:
ft. X
ft. = Total Sq. Ft.
Acres 14B.99
Address/eeneral location of subiect property: West and contil!1lous to Airoort Road. parallel to and
aoorox. 1.600 feet north of Pine Rid~e Road: aoorox. 1.300 feet west. the boundary iogs south then west again
aoorox. 1.300 feet oarallel to Pine Ridge Rd.
Does the owner of the subject properly own properly contiguous to the subject properly? If so, give
complete legal description of entire contiguous properly. (If space is inadequate, attach on separate page).
No
Section/Township/Range / /
___--.!...~t:
Plat Book
Block:
Page #:
Subdivision:
Properly 1.0.#:
Metes & Bounds Description:
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Page 66 of 160
TYPE OF AMENDMENT:
[SJ
A.
PUD Document Language Amendment
[SJ
B.
Development Order Languoge Amendment
DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN? [SJ Yes 0 No
If no, explain:
HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? [SJ Yes 0 No
IF SO, IN WHOSE NAME? Airport Ropd limited Partnership
PETITION #: DOA2004,AR5317
DATE: 9/28/04
HAS ANY PORTION OF THE PUD BEEN [SJ SOLD and/or [SJ DEVELOPED?
ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND lOR DEVELOPED? 0 Yes [SJ No
IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY).
Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public
hearing advertising sign (s) after final action is taken by the Board of County Commissioners.
Based on the Board's final action on this item, please remove all public hearing advertising sign
(s) immediately
Agenda Item No. 8A
March 13, 2007
Page 67 of 160
EXHIBIT A
PROPERTY OWNERS
Airport Road Limited Partnership
Sembler/Gaeta Naples Partnership #1, Ltd.
SW Florida Restaurant Holdings, LLC (Dairy Queen)
TIB Bank of the Keys
Best Buy
Clean Pursuit
Costeo Wholesale Corporation
Lowes
Naples Plaza Limited Partnership
Realty Ineome Trust
Tompkins Foster, as Qualified Intermediatry for Bailes Family Limited Partnershop
Boulevard Shoppe, LLC
Pine Air Lakes Community Development District
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EXHIBIT. B
" p.lrcel or tnc.tor hnd lying in Section 11, Tawnshlp ~9
South. Range 25 Ea~t, Collier County, florid.. being
des~rlbed as follO'W~:
Corrmencfng It the HortheAst' ~orner of said Section ll~
run 5 oo021'~7' II along the EHt lint of said Stctlon 11 a
dlstan~e of 1318.86 fe~t; thence S 88047'13. II 100.04 fe~t
to the POlKT OF 8EGIHHI~G and the ~sterly right-of-way line
of County Road Ho.31; thence continue S 88o~7'13' II 26S~.06
f.et;' thence S 0100S'27" E 1316.71 feet; thence S 01005'18'
E Ij16.78 feet; thence Ii 88051'31" E 1341.42 feet; thence
Ii 00018'58" II 329.45 feet; thence H 88050'57' E 1245.82' feet
to the IJesterly right-of-way line of County Road Ho.31; .
thence Ii 00027'18' E along said rI9/:1t-of.way line 989.28
feet; thence Ii 00027'40' E along said right-at-way line
1318.80 (e~t to the POIKT OF BEGIHlilliG:
'.
Said par~el or tract contalnlng.148.g9a~rc~. IllOre or less.
Subje~t to easements, resti-l~tions and reservations of record.
Bearings based on . bearing of Ii 00027'47" E on the East
line of the KE~ of Se~tion 11. Township 49 South, Range zS
East, Collier County, Florida.
-(
.
This description lllects the Hlnillll.lll Technical SUndards IS ,
set forth by the Florida Board of land SurveYOr1. pursuant
to Chapter 472.027, Fl~rida Statutes. .
Agenda Item No. 8A
March 13, 2007
h 0
.'
Well, Daniel J. Aronoff being first duly sworn, depose and say that well amlare the
owners of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application,
including the disclosure of interest information, all sketches, data, and other
supplementary matter attached to and made a part of this application, are honest
and true to the best of our knowledge and belief. Well understand that the
information requested on this application must be complete and accurate and that
the content of this form, whether computer generated or County printed shall not
be altered. Public hearings will not be advertised until this application is deemed
complete, and all required information has been submitted.
As property owner Well fu,er thorize Richard Yovanovich of Goodlette.
Coleman and lohnson to",act a our Imy representative in any matters regarding this
petition./
Signature of Property
Signature of Property Owner
Airport Road Limited Partnership
By: Airport Road, Inc.
Its: General Partner
By: Daniel J. Aronoff
Its: President
Typed or Printed Name of Owner
Typed or Printed Name of Owner
r
.' . h Agenda Item No. 8A
'The foregoing instrument was acknowledged before me this __LItL day OfMarch 13, 2007
., Page 70 of 160
September, 2005, by Daniel J. Aronoff who IS personally known to me or has
,
produced _______________________as identification.
H lC.t+I~
State of rlOI ida
County of -Culli~r
OA.Ia.A0]>
S-,/ ~11.~~
~-------~------------------
(Signature of Notary Public - State of
F-Io, ida) . _ "
klC.l-\--{~
-kRl%:.TIt:2L_~..:__0_~~~~
(Print, Type, or Stamp Commissioned
Name of Notary Public)
Kristine A. Mac Donald
Notary Public Oakland County
My Commission Expires on 10/13/2011
P";. ,.:Qiv<fsion..of Corporations
'~xh;ibllf~'I"
,.tA~~ti~~gfi,MW,j28A .
March 13, 2007
Page 71 of 160
Florida Limited Partnership
AIRPORT ROAD LIMITED PARTNERSHIP
---.....-1
PRINCIPAL ADDRESS
800 SEA GATE DR.
SUITE 302
NAPLES FL 34103
Changed 03/28/2003
MAILING ADDRESS
P.O. BOX 893
BLOOMFIELD HILLS MI 48303-0893
Changed 04/27/1998
Document Number
A96000001303
FE! Number
59339273 t
Date Filed
07/08/1996
State
FL
Status
ACTIVE
Effective Date
NONE
Last Event
REINSTATEMENT
Event Date Filed
04127/t998
Event Effective Date
NONE
Actual Contribution
100.00
R
dA
eglstere ,gent
I Name & Address I
ARONOFF, JANET Y
800 SEAGATE DR.
SUITE 302
NAPLES FL 3A 1 03
I Name Changed: 04127/199& I
I Address Changed: 03128/2003 I
General Partner Detail
'I
Name & Address
\\Documentll
http://ccfcorp.dos.state.f1.us/scripts/cordetexe?al =DETFIL&nl =A9600000 1303&n2=NAM... 9/2/2005
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March 13, 2007
Page 72 of 160
. .
AIRPORT ROAD, INC.
800 SEAGATE DR.
NAPLES FL 34103
1\ Number I
P960oo057691
~.__._.,----_....._,-,._-_._--_._-"--------_.,----_.--.----.--'".-..- ~
ua epo S
I Report Year II Filed Date I
I 2003 II 03/28/2.003 I
I 2004 II 04/3012004 I
I 2005 II 0413012005 I
Ann lR rt
lii~.$~E_~
t~~ali'.!i$lf&i~g".ti ~~ljjm!iO~~.(
View Events
No Name History Infonnation
Document Images
Listed below are the images available for this filing.
04/3012005 - ANN REPIUNIFORM BUS REP
04/30/2004 - ANN REPIUNIFORM BUS REP
03/2812003 - ANN REPIUNIFORM BUS REP
04/0412002 -. COR. ANN REPlUNIFORM BUS REP
05/0112001 - ANN REPIUNIFORM BUS REP
04/1912000 - ANN REPIUNIFORM BUS REP
12/15/1998 -- ANNUAL REPORT
04127/1998 REINSTATEMENT
11/19/1996 - ANNUAL REPORT
TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?al =DETFIL&nl =A96000001303&n2=NAM... 9/2/2005
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" March 13. 2007
Page 73 of 160
Florida Profit
AIRPORT ROAD, INC.
PRINCIPAL ADDRESS
800 SEAGATE DR
STE 302
NAPLES FL 34103
Changed 03/27/2003
MAILING ADDRESS
P,O. BOX 893
BLOOMFIED HILLS MI 48303-0893
Document Number
P96000057691
FE! Number
593392731
Date Filed
07/08/1996
State
FL
Status
ACTIVE
Effective Date
NONE
R
dA
t
eglstere I..gen
I Name & Address I
ARONOFF, JANET
800 SEAGATEDR STE 302
NAPLES FL 34J03
I Name Changed: 04/23/1998 I
I Address Changed: 03/27/2003 I
,,,.,,-,.
OfficerlDirector Detail
BLOOMFIELD HILLS MI 48304
II Title I
D
Name & Address
ARONOFF, DANIEL J
38500 WOODW ARD A VENUE SUITE 310
II
Annual Reports
II
,(
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March 13, 2007
Page 74 of 160
I Report Year II Filed Date I
I 2003 Ii o~m /2oo~ I
I 2004 Ii 0510~/2004 I
I 2005 \I 04/22/2005 I
fr"if~JiW~~~ifj
No Events
No Name History Information
l,tile~i~
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fw"~tev~os'~Jil;l..li,,,,:l
"'~,l' . 'c.._,_." .,,'e,._ ,.,",
~
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Listed below are the images available for this filing.
04/22/2005 -- ANN REPIUNIFORM BUS REP
05/03/2004 - ANN REP/UNIFORM BUS REP
03/27/2003 ANN REPIUNIFORM BUS REP
04/1 0/2002 COR - ANN REPIUNIFORM BUS REP
05/14/2001 ANN REPIUNIFORM BUS REP
04/25/2000 ANN REPIUNIFORM BUS REP
04/22/1999- ANNUAL REPORT
04/23/1998 ANNUAL REPORT
07/17/1997 - ANNUAL REPORT
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
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Agenda It6mNo8A
March 13, 2007
Page 75 of 160
QUESTIONS 2.3 - APPLICANT INFORMATION
2. Owner/Developer (name, address, phone). State whether or not the owner or developer is
authorized to do business in the State of Florida pursuant to the provisions of Chapter
407,F.S.
Airport Road Limited Partnership, a Florida Limited Partnership, by Airport Road,
Inc., its general partner
Jason Wagner, Vice President
800 Seagate Drive, #302
Naples, FL 34103
Phone - 239-261-2995
Fax - 239-261-4278
Developer is authorized to do business in the State of Florida. Please see Corporation
documents as Exhibit A.
3. Authorized Agent and Consultants (name, address, phone).
Agent:
PMS, Inc. of Naples
Karen Bishop, President
2335 Tamiami Trail North, Suite 408
Naples, FL 34103
Phone - 239-435-9080 ext 3
Fax - 435-9082
E-mail: karenbishop@pmsnaples.com
Consultants:
Pavese Law Firm
Neale Montgomery
1833 Hendry Street
Fort Myers, FL 33902
Phone - 941-334-2195
Fax - 941-332-2243
Goodlette Coleman and Johnson Law Firm
Richard Yovanovich
4001 Tamiami Trail N., Suite 300
Naples, FL 34109
Phone - 239-435-3535
Fax - 239-435-1218
DOA_2005-AR-8543
PROJECT #19990038
DATE: 1111105
MICHAEL BOSl
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March 13, 2007
Page 76 of 160
Johnson Engineering
David Willems, P .E.
2158 Johnson Street
Fort Myers, FL 33902
Phone ~ 239-334-0046
Fax - 239-334-3661
Metro Transportation Group, Inc.
Ted Treesh
12651 McGregor Blvd. Suite 4-403
Ft. Myers, F133919
Phone - 239-278-3090
Fax - 239-278-1906
Fishkind & Associates
Russ Weyer
1415 Panther Lane, Suite 248
Naples, FL 34109
Phone - 239-254-8585
Fax - 239-591-6601
Daniel Trescott
DRI Coordinator
SWRPC
1926 Victoria Avenue
Ft Myers, Fla. 33901
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. A~ehda Itilm No. 8A
March 13, 2007
Page 77 of 160
OUESTIONS 4-7 - DEVELOPMENT INFORMATION
4. Attach a notarized authorization from all persons or corporations (or authorized agents of
said persons or corporations) having fee simple or lessor estate in the site indicating that each of these
parties is aware of, and concurs with, the development of this property as described in this
Application for Development Approval. Include the names and addresses of all parties with an
interest in the property. In addition, include descriptions of an other properties within one-half mile
radius of the DR! site in which any of the parties with an interest in the DRI site hold a fee simple or
lessor interest.
Please find copies of the notarized authorization forms attached asExhibitB.
The following list is the parties with an interest in the property that mayor mily not be
developed:
Airport Road Limited Partnership
Sembler/Gaeta Naples Partnership #1, Ltd.
SW Florida Restaurant Holdings, LLC (Dairy Queen)
TIB Bank of the Keys
Best Buy
Clean Pursuit
Costco Wholesale Corporation
Lowes
Naples Plaza Limited Partnership
Realty Income Trust
Tompkins Foster, as Qualified Intermediatry for Bailes Family LimitedPartnershop
Boulevard Shoppe, LLC
Pine Air Lakes Community Development District
5. Attach a legal description of the development site; 'Include section, toWnship and,
range.
Please find the legal description attached as Exhibit C.
6. Have you requested a binding letter of interpretation ofDRl status or vested rights, clearance
letter, agreement or preliminary development agreement from the Department of Community
Affairs? If so, what is the current status of this determination?
No
7. List all local governments with jurisdiction over the proposed development.
Collier County
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. AgendB Item Nd.8A'
March 13, 2007
Page 78 of 160
OUESTlON 8 - PERMIT INFORMATION
8. List all agencies (local, state and. federal) from which approval and!or a permit must be
obtained prior to initiation of development. Indicate the permit or approval for each agency and its
status, Indicate whether the development is registered or whether registration will be required with
the Division of Florida Land Sales, Condominiums and Mobile Homes under Chapter478, Florida
Statutes. Indicate whether the development will be registered with the H.U.D., Division of Interstate
Land Sales Registration or with other states.
Not Applicable.
PART II. GENERAL SECTION
OUESTlON 9 - MAPS
The following maps must be provided as a part of the ADA. The appropriate scale for each map
should be determined at the preapplication conference.
MapA.
MapE.
MapC.
MapD.
MapE.
MapF.
MapG.
A general location map. Indicate the location of any urban service area boundaries
and regional activity centers in relation to the project site.
A recent vertical aerial photo of the site showing project boundaries which reasonably
reflects current conditions. Specify the date the photo was taken.
A topographic map with project boundaries identified (contour intervals from one to
five feet should be determined in consuItation-with-the--appf{)pciatecJ'~naLplannillg .
council and other reviewing agencies at the preapplication conference)~1il1e.ate"",~""=~:cc,:::,,",.
I OO-year flood prone areas (including hurricane-flood7:one-s:l-and-indi<late"majorc.landc.--
surface features. If applicable, delineate the coastal constniction control line.
A land use map showing existing and approved uses on and abutting the site. Theuses
shown should include existing on-site land uses, recreational areas, utility and
drainage easements, wells, right-of-way, and historic, archaeological, scientific and
architecturally significant resources and lands held for conservation purposes.
A soils map of the site.
Not Applicable
A vegetation associations map.
Not Applicable
A location map of all transects, trap grids, or other sampling stations used to determine
the on-site status of significant wildlife and plant resources. Show location of all
4
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Agenda 'item No. SA
March 13. 2007
Page 79 of 160
observed significanfwildlife and plant resources, and show location of suitable habitat
for all significant resources expected to be on-site.
Not Applicable
Map H.
A master development plan for the site. Indicate proposed land uses and locations,
development phasing, major public facilities, utilities, preservation areas, easements,
right-of-way, roads, and other significant elements such as transit stops, pedestrian
ways, etc. 1bis plan will provide the basis for discussion in Question IO-A as well as
other questions in the ADA.
Map!.
A master drainage plan for the site. Delineate existing and proposed: drainage basins,
flow direction, water retention areas, drainage structures, flow route offsite, drainage
easements, waterways, and other major drainage features. (1bis information may be
presented on two separate maps (existing and proposed), if desired.)
MapJ.
A map of the existing highway and transportation network within the study area. The
study area includes the site, and locations of all transportation facilities which are
substantially impacted. This area should be finally defined on the basis of the findings
of the traffic impact analysis, including determinations of where the criteria for a
substantial impact are met. Map J will become the base for the maps requested in.
Question 21.
This map is located in the traffic analysis done by Metro Transportation dated
6/23/05.
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Agenda Item No. 8A
March 13, 2007
Page 80 of 160
OUESTION to-GENERAL PROJECT DESCRIPTION
Part I Specific Project Description
A. Describe and discuss in general terms all major elements of the proposed development in its
completed form. Include in this discussion the proposed phases (or stages) of development (not to
exceed five years), magnitude in the appropriate units from Chapter 28.24,F,A.C., where applicable,
and expected beginning and completion dates for construction.
"
Pine Air Lakes DR! is an existing Mixed-Use CommerciallRetail projectthat lies within Collier
. County Regional Activity Center No. 13, northwest of the Airport RoadIPine Ridge Road
intersection, and was originally approved in 1985 for 1,280,600 square feet. A revision theDRI
was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the
termination date build-out date from October 15, 2000 to October 14;.2005 was approved,
As of March 31, 2005, 372,476 square feet of office and commercial uses are completed. An
additional 202,225 square feet are either permitted or under construction for a total of 574,701
square feet in various stages of development. All of the required water management system is:
permitted through the SFWMD with approximately 80% of the total water management system
. either.completed'or under construction and scheduled for completion in late 2005. The:
backbone drainage system is completed as well as the roadways and. are turned over to Collier
County. Since approximately Y, of the project is already either constructed or in the permitting
stage, a build-out of five years is not unrealistic. .
~
B. Provide a breakdown of the existing and proposed land uses on the site for each phase of
development through completion of the project. The developed land uses should be those identified in
Section 380.0651, F.S. and Chapter 28-24, FAC. Use Level III of the Florida Land Use and Cover
Classification System: A Technical Report (September l-98S),availaol~'frOm~'Cli,+egi.iJii<il::pl:aiming"."-..,,
counciL Refer to Maps 0 (ExistingLand.Use}and-H{Master_~1an)~oUsecthe.JormaLhelaw-,ancltr~t~~...~~.=
each land use category as mutuallyexc1usive unless otherwiseagreedto.at-the preapplication......... .
conference.
C. Briefly describe previous and existing activities on site. Identify and constraints or special
planning considerations that these previous activities have with respect to the proposed .
development.
This site is an existing Mixed Use CommerciallRetail site. We intend to continue to
develop the site in this manner and have no special planning considerations.
D. If the development is proposed to contain a shopping center, describe the primary and
secondary trade area which the proposed shopping center will serve.
The Primary Trade Area wiII be the area generally bounded by Golden Gate Parkway to the
South, Vanderbilt Beach Road to the North, I-75 to the East and Goodlette-Frank Road to the
West.
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Agenda Item No. SA .
March 13. 2007
Page 81 of 160
The Secondary Trade Area will be the area generally bounded by US-4 I to the South, Collier
Boulevard (CR-95I) to the East, Immokalee Road to the North and US-41 to the West. Please
note that this is a mixed use project with free standing buildings that range from mid-size to
large-size formatted retail providers which is not classified as a shopping center.
E. Describe, in general terms, how the demand for this project was determined.
The demand for the project has been market driven. The initial phases of the development have
been well received by large national and regional tenants that purchased properties and
constructed stores such as Lowes, Costco, Regal Hollywood 20 Movie Theatres and Best Buy.
Recent development has been more local "infill" development that is seeking locations in close
proximity to the established retailers. This is evidenced by the Naples Boulevard Car Wash,
smaller neighborhood-type conventional shopping centers (2 currently in permitting), the TIE . .
Bank of the Keys building (in permitting) and the Wild Oats anchored shopping center
currently under construction.
Part 2 Consistency with Comprehensive Plans
A.. Demonstrate how the proposed project is consistent with .the local comprehensive plan and
land development regulations. Indicate whether the proposed-project will require an amendment to
the adopted local comprehensive plan, including the capital improvements element If so, please
describe the necessary changes.
As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit
Development designation, this project is clearly consistent with local comprehensive plan and land
development regulations. This project is located in Activity Center No. 13 where uses are suggested
to be clustered. The property is located ,near arterials andprovidesreliefto. the Noctl:bA.ilpm:t,R,oad . .
Since it is an approvedJ'UD,-.it..pw'I.ides-ccnsistency.with.the.LD.CTherevisionla;,this:application
will not require an amendment to the adopted local comprehensive plan, includili:gcme-capitat=c:-.c;o.. ;
improvements element.
B. Describe how the proposed development will meet goals and policies contained in the
appropriate Regional Comprehensive Policy Plan.
As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit
Development designation, this project meets goals and policies contained in the Regional
Comprehensive Policy Plan. The revision to this application will continue to meet the goals and
policies in conjunction with growth and the issues of access. This area is well suited for development
since it is affluent in water, wastewater, recreational and other facilities for the existing population
and the expected growth. This project provides adequate infrastructure to support the development of
an area that is within a major public transportation corridor. Clean drinking water, along with treated
wastewater and stormwater, is essential for expanding the economy and maintaining quality of life
are provided by this site. To make flood-protection efforts compatible with environmental protection,
drainage is accomplished through streets, parking lots, storm sewers and on-site detention/retention
systems that do not harm the ecology of protected natural areas. Stormwater quantity and quality
7
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Agenda Item No, SA
March 13, 2007
Page 82 of 160
level of service standards are consistent ",ith those recommended by the SFWMD through our
permit. The site also maintains the character of the area by encouraging compatibility of adjacent
land uses. Naples Boulevard provides the safe transfer of people and goods efficiently which, in turn,
promotes economic strength whether through sales or employment.
This part of Collier County has changed dramatically since the DR! waS approved. The property is
located in an activity center in the comprehensive plan. This is an area where the county expects, and
has provided for intense commercial uses. To the north ofthis site is an industriallbusiness park, to
the south and east are intense commercial uses. This commercial site functions better than much of
the commercial located along Pine Ridge Road because the access points are appropriately located
and function well, and because the center was designed in a. manner that permits intemaltrip .
movements without the need to traverse public roads, other than the public road provided by the
center. Much of the commercial along Pine Ridge is strip commercial that is p00rIy designed and
doesn't function well. This area functions asa destination as one would anticipate ,in an activity
center. Much of north Collier County has developed in exclusive gated communities that are strictly
residential, and which do not provide any interconnections. This center provides much needed
interconnection, and meets the commercial needs of the residents in the nearby residential
communities.
C.. Describe how the proposed development will meet goals and policies contained .intheState
, Comprehensiv.e-Plan (Chapter 187, F.S.), including, but not. limited to, the goals addressing the
following issues: housing, water resources, natural systems and recreational lands, land use, public
facilities, transportation, and agriculture.
As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit
. Development designation, this project is meets goals and policies contained in the State
Comprehensive Plan (Chapter 187, F.S,) The revision to this application will 'COntinue to meet the
. goals and policies. This project accommodatflS..gfowth in'an etlwQI1Inentallo/,acGeptohJ~" '. ""'" ,,,,-,::Oi6;-_""+7C"
livability and character is enhanced throughth€HIDcouragementof an:attractiveandJunctional,mixoL~c._ ....0
working, shopping and entertainment. ,The transportation system provides citizens, and visitors with
timely and efficient access to services, jobs, markets and recreation. This area is also compatible with
existing local water supplies and stormwater quantity and quality level of service standards are
consistent with those recommended by the SFWMD through our permit.
8
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AgendalternNo sA
March 13. 2007
Page 83 of 160
PART 3. DEMOGRAPHIC AND EMPLOYMENT INFORMATION
A. Complete the following Demographic and Employment tables.
Future Phase 2006-2009
TOTAL
(1) 2004 Florida Population Studies: No. of Households and Average Household Size in Fiorida: Aprii 1, 2004,
Bureau of Economic and Business Research, University of Florida
U.S, Census Data, Census 2000 used to adjust total population for seasonality
(2) Provided by Florida DOE 2004 Public Schools Membership and 2004 BEBR Coliier County PPH
3 2004 Florida Po ulation Studies, Po ulation b A e, Bureau of Economic and Business Research, Univers' of Florida
Fishkind & Associates, Inc. has estimated the expected employment from the Pine Air
Lakes DR!. We have further distributed this employment based on expected salary
ranges and the historic ES-202 wage and employment data for Collier County.
Below, Table 10.3.2, Total Employment at Pine Air Lakes DRI shows the expected
employment for the Pine Air Lakes DR!. Table 10.3.3, Average Income Collier County
shows the average wage based on 2003 ES-202 data. Table 10.3.4a, Expected
Employment by Income Group: Pine Air Lakes DRI shows the Fishkind & Associates,
Inc. estimate of employment by Income group in the future phase. Table 10.3.5,
Expected Employment by Job Type: Pine Air Lakes DRI shows the Fishkind &
Associates, Inc. estimate of employment by job type for the future phase.
Table 10.3.2. Total Employment at Pine Air Lakes DRI
Future Phase 2006-2009
TOTAL
Table 10.3.3. Average Income Collier County
General Project Description
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'Agenda Ile~N68A
March 13. 2007
Page 84 of 160
Tables 10.3.4a. Expected Employment by Income Group:
Pine Air lakes DRI- Future Phase
-~~'liJ~n~~-
-~~ "" "" : -. ~ ~l~"1S1~~ ,-' ,:Aj~ ~~~
", ':;~~: '\' ~~:.:~:~\:,:: ' ;':~':~' ':'11' ~: '{r " . i~;
~.J.L. ~,:__ ,dl',j~ __ ; .11. ..__",,~..L_~. ~~~_-'
$8,500 $14,149 $11,325 153 2
$14,150 $16,649 $15,400 44 0
$16,650 $19,149 $17,900 47 0
$19,150 $21,649 $20,400 49 0
$21,650 $24,149 $22,900 49 0
$24,150 $26,649 $25,400 47 0
$26,650 $29,149 $27,900 44 1
$29,150 $31,649 $30,400 40 1
$31,650 $38,139 $34,895 80 6
$38,140 $40,639 $39,390 21 4
$40,640 $43,139 $41,890 16 5
$43,140 $45,639 $44,390 12 6
$45,640 $48,139 $46,890 9 8
$48,140 $50,639 $49,390 6 9
$50,640 $58,460 $54,550 9 31
$58,461 $60,960 $59,711 1 10
$60,961 $63,460 $62,211 1 9
$63,461 $65,960 $64,711 0 8
$65,961 $68,460 $67,211 0 7
$68,461 $70,960 $69,711 0 6
$70,961 $73,460 $72,211 0 5
$73,461 $75,960 $74,711 0 4
Greater than $75,960 0 8
Total 628 130
General Project Description
10
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A6endalt~m
March 1 2007
Page 85 of 160
Table 10.3.5. Expected Employment by Job Type: Pine Air lakes DRI
~ $10000- $15000- $20 000- $25 000- $30 000- $35 000- Over Total
10000 ~ lli.m $24 999 $29 999 $34 999 $39 999 HQ.QQQ
Future Phase
Non~Construction
Retail 0 153 91 98 91 120 21 54 628
Office 0 2 0 0 1 7 4 116 130
Construction
Residential 0 0 0 0 0 0 0 0 0
Non-residential 0 3 4 6 7 15 4 39 78
General Project Description
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Agenda 1tem No 8,0.,
March 13, 2007
Page 86 of 160
Part 4 Impact Summary
Not Applicable
12
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. Agenda I.terhNo.8'A
March 13, 2007
Page 87 of 160
QUESTION 11 - REVENUE GENERATION SUMMARY
A. Project the funds antjcipated to be generated by the project. This
projection should include any source or use of funds which could have any
reasonable connection to the proposed development.
1. Make the following projections by year, including the first and
last year in which any constructjon and/or development takes
place:
(a) Yearly ad Valorem tax receipts
(b) Yearly impact fees collected
(c) Yearly sales tax received by local government
(d) Yearly gasoline tax received by local government
(e) Yearly projections of any other funds by any other
sources generated as a result of development of the
proposed project within the region
Pine Air Lakes DRI will generate significant ongoing revenue benefits to
Collier County. The major operating revenues generated by the DRI by
year are provided in the attached Summary Table and include ad Valorem,
sales taxes, utility taxes, service fees and other major revenues. These
annual operating revenues are estimated to reach $2.0+ million per year
at build out estimated to be 2010. (Summary Table)
(a) Pine Air Lakes DRI is forecasted to generate $3.0-million in total ad
Valorem revenue each year for Collier County at build out (Summary
Table).
(a) Based on current millage rates, the Collier County School Board is
projected to receive ad Valorem revenues of $2.9 million each year at
build out. (Summary Table).
(a) Based on current millage rates, Collier County BOCC is expected to
receive $2.7-million from ad Valorem revenues each year at build out.
(Summary Table).
(b) Pine Air Lakes DRI is forecasted to generate $8.4-million in impact
fees for Collier County. (Summary Table).
(c) Pine Air Lakes DRI is forecasted to generate $1.1-million+ in Yz
cent sales tax revenue for the County each year at build out (Summary
Table).
(d) Pine Air Lakes DRI is forecasted to generate nearly $180,000 in
local option gas tax revenues to the County each year at build out
(Summary Table).
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March 13, 2007
Page 88 of 160
(e) Pine Air Lakes DRI is forecasted to generate $15,000 in franchise
and utility fees for the County each year at build out (Summary Table).
(e) Pine Air Lakes DRI is forecasted to generate $15,000 in
occupational licenses and building permit fees for the County each year at
build out (Summary Table).
(e) Pine Air Lakes DRI is forecasted to generate $17,400 in federal and
state grants each year at build out (Summary Table).
(e) Based on the RIMS II (Regional Industrial Multiplier System)
utilized in the Fishkind Fiscal Impact Analysis Model (FlAM), the direct and
jndirect economic impacts of the Project show that it is forecasted to
produce 1,849 jobs at build out. Direct and indirect total output or sales
within the area is expected to average $137-million each year at build out.
Direct and indirect employee earnings are forecasted to average $50.7-
million each year at build out.
B. List all assumptions used to derive the above projections and estimates,
show the methodologies used and describe the generally accepted
accounting principles used in all assumptions, estimates and projections.
The assumptions and supporting data used in the revenue
generation calculations for Collier County are provided in the Summary
Table. Property taxes were calculated using 85 percent of the sales price,
less the Homestead exemption (for 90% of single family households and
70% of multifamily), and multiplied by the appropriate Millage rate.
Franchise fees, utility taxes, charges for services, fines and
forfeitures and all other revenues were calculated using a per capita
methodology. This methodology arrives at a per capita amount for each
revenue item in the County Budget. These per capita averages are then
applied to the projected new population.
The additional assumptions used to calculate the school ad
Valorem revenue are provided in the Summary Table.
The assumptions used for the RIMS II (Regional Industrial Multiplier
System) calculations are provided as follows:
Construction MultiDliers Outnut Jobs Eaminos % Local
Residential 1.48 29.2 0.6137 70.00%
General Office 1.48 29.2 0.6137 60.00%
Retail-Shoooina Center 1.48 29.2 0.6137 50.00%
Restaurant 1.48 29.2 0.6137 60.00%
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Agendali"m No SA ."
March 13, 2007
Page 89 of 160
RIMS II MultiDliers OutDut Jobs Eamlnos Jobs/S Jobs X
Office (Professional and 0.00002
Med ical) 2.25 36 0.85 7 2.2
0.00002
Retail I Movie Theater 1.55 28 0.35 1 1.3
29.31 0.00002
Construction 1.9549 0.61 2 2.0003
1 5
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PART III. ENVIORNMENTAL RESOURCES IMPACTS
OUESTION 12 - VEGETATION AND WILDLIFE
Not applicable. No rare or endangered plants or animals inhabit this site.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
QUESTION 13 - WETLANDS
QUESTION 14 - WATER
OUESTION 15 - SOILS
OUESTlON 16 - FLOODPLAINS
QUESTION 17 - WATER SUPPLY ,
OUESTION 18 - W ASTEW A TER MANAGEMENT.
QUESTION 19 - STQRMW A TER MANAGEMEI\'T ..,
'Agend~I!~riiN:d. 8A"'
March 13, 2007
Page 90 of 160
For questions 19A-19E, A SFWMD (# 900326-6) was obtained in 1990 and is currently being
modified.
QUESTION 20 - SOLID WASTE/HAZARDOUS W ASTEIMEDICAL WASTE
Not applicable. Will adhear to standard conditions.
16
PART IV. TRANSPORTATION RESOURCE IMPACTS
QUESTION 21 - TRANSPORTATION
.; Agenda 1l0m No. 8A
March 13, 2007
Page 91 of 160
For questions 21A-2l I, please refer to the "Substantial Deviation Analysis for a Development of
Regional Impact" prepared byMetto Transportation Group, Inc.
QUESTION 22 - AIR
Not applicable.
OUESTION 23 - HURRICANE PREPAREDNESS
Not applicable.
17
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March 13, 2007
Page 92 of 160
.i.
PART V. HUMAN RESOURCE IMPACTS
OUESTION 24 - HOUSING
Al If the proposed development contains residential development, provide the
following information on Table 1 for each phase of the development.
Table 24.A.] Number of Dwelling Units in the Development
o
o
o
A2 What number and percent of lots will be sold without constructed dwelling
units? What is the extent of improvements to be made on these prior to sale?
No residential units are to be constructed as part of this development.
A3 What will be the target market for the residential deveIopment (break down by
number, percent and type, the number of dwelling units to be marketed for
retirees, family, etc.) What portion will be marketed as a second or vacation
homes?
No residential units are to be constructed as part of this development.
Table 24.A.2 Marketing Targets
Empty NesterslRetirees 1)
Families 2
Single(J
Source: Fishkind and Associates, Inc.
(I) "Empty nesters" are typically full-time working individuals whose children are no
longer living with them. "Retirees" are typically non-working individuals, and typically
do not have children living with them.
(2) "families" have school- age children, and typically work full-time.
(3) "Singles" are unmarried persons
18
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March 13, 2007
Page 93 of 160
",' ..^>...
Bl Indicate and discuss the availability or projected availability of adequate housing
and employment opportunities reasonably accessible to the development site.
Housing opportunities should be described in terms of type, tenure, and cost
range and location within the following circumscribed areas: adjacent, two
miles, five miles, ten miles, and within the local jurisdiction or county.
Employment opportunities should be described in terms of two digit NAlCS
code numbers located within the local jurisdiction with estimated distances or
transit times to the development site.
Table 24.B.la provides a summary of the anticipated employment opportunities at the
Pine Air Lakes DRI. Development of the DRI prior to the modification includes a
total of approximately 790 employees associated with the 624,614 square feet of
let.a space and 29,489-5ijU3Fe feet of "ffk~ <r.c~ At the completion of the future
phase of the Pine Air Lakes DRI, there will be an estimated 758 jobs associated with
the retail and office space constructed as part of the phase.
Table 24.B.la Pine Air Lakes DRI Employment
S .FI. Jobs S . Ft. Jobs
Permitted & Constructed 624,614 751 29,489 39
Future Phase 2006-2009 375,386 628 45,511 130
TOTALS 1,000.000 1.379 75.000 169
Source: Fishkind and Associates,Inc.
Fishkind and Associates, Inc. evaluated the approved and existing ORIs to determine
employment and impacts to the affordable housing supply during the buildout of the
Pine Air Lakes DRI project. The employment associated with the ORIs is broken out
by each phase of the Pine Air Lakes DRI project and is located in Table 24.B.lb.
Table 24.B.lb Existing DRI Employment
44,45,722,7221,7223
52- 55, 51t, 5312, 621
22,31,33,48-49
622,623
72 It
654,Q93
580,686
240,000
o
541
1,475,320
Source: Fishkind and Associates, Inc.
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March 13, 2007
Page 94 of 160
d,
Fishkind and Associates, Inc. evaluates affordable housing demand generated
internally by the project itself. If there is a marketwide shortage caused by other
ORIs, the calculations will show this because demand from other DRls is included in
the calculations. However, it is only necessary that the project meet its responsibility
for demand created by the project, so in calculating the project need or responsibility,
the market wide shortage is "zeroed out" leaving only demand by the project when
there is no other market supply available. If, when counting demand from other
ORIs, there was excess supply in the market, then demand is netted against the excess
supply to reduce the unmet affordable housing needs. Thus the net surplus/shortage is
not a simple supply minus demand calculation because of how the demand from
existing ORIs is treated.
Fishkind and Associates, Inc. evaluated the affordable housing supply within the 10-
milel20-rninute drive market of the Pine Air Lakes DRI using data provided by the
Collier County Property Appraiser. Fishkind and Associates, Inc. uses the ECFRPC
methodology in terms of taking the lesser of the 10-mile/20-minute radius at anyone
point. As part of the supply analysis, Fishkind and Associates, Inc. also removed
units from the available supply that showed a reduction in a sales price from one
historic sales price to the most recent sales price. Furthermore, units that were owned
by a bank, had less than 400 effective adjusted square feet or did not have an effective
adjusted square footage (assumed to be a lot sale) were also removed from. the
available market supply. Table 24.B.2a provides a summary of for-sale supply and
the employee and existing DR! for-sale housing demand generated by the non-
residential development completed in each phase of the project
This affordable housing analysis includes only the portion of the development that is
planned as part of the modification of the Pine Air Lakes DRI. It is assumed that the
affordable housing demand generated from the constructed square footage of the
project has been absorbed into the market and that the remaining affordable housing
demand from the project will result from the retail and office square footage
associated with the modification of the DRI.
Table 24,B.2a Pine Air Lakes DR1 For-Sale Housing Demand
Future Phase
Very Low (under $31,650)
Low ($31,650 - $50,639)
Moderate ($50,640 - $75,960)
Source: Fishkind and Associates, Inc (2005).
1,890
5,694
6.537
301
467
524
86
100
59
1,503
5.127
5,982
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March 13, 2007
Page 95 of 160
As shown in Table 24.B.2a, there are estimated to be 1,890 units within the 10-
mile/20-minute market which qualify as very-low income households; 5,694 units
which qualify as low income households; and 6,537 units which qualify as moderate
income households for sale during the 3-year period of the future phase of the Pine
Air Lake 0 RI. Broken down annually, there are expected to be 640 units within the
10-mile/20-minute market which qualify for very-low income households; 1,898 units
which qualify for low income households; and 2,179 moderate income units for sale.
Tables 24.B.3a provides a summary of the employee for-rent housing demand
generated by Phase 1 of the Pine Air Lakes DRI in the 20-minute market.
Table 24.B.3a Pine Air Lakes DRI For-Rent Housing Demand
Future Phase
Very Low (under $3t,650)
Low ($31,650, $50,639)
Moderate ($50,640 ,$75,960)
Source: Fishkind and AssociateS, Ine (2005).
3,018
1,407
459
58
92
102
21
24
12
2.939
1.291
249
As shown in Table 24.B.3a, there are estimated to be 3,018 units within the 20-minute
market which qualify as very-low income households; 1,407 units which qualify as
low income households; and 459 units which qualify as moderate income households
for rent during the 3-year period of the future phase of the project. Broken down
annually, there are expected to be 1,006 units within the 10-mile market which
qualify as very-low income households; 469 units which qualify as low income
households; and 153 units which qualify as moderate income units for rent during the
future phase.
Fishkind & Associates used census 2000 vacancy rates by occupancy status and the
distribution of rent asked for vacant rental units in Collier County to estimate the
percentage of rental household demand generated by the Pine Air Lakes DR! 20-
minute market.
According to the 2000 census there were 144,536 total housing units in Collier
County, of which 41,563 were vacant rental units. The ECFRPC methodology
precludes the use of the first 5% of vacancies. Therefore 1.72% (2,485) of the total
housing units in Collier County were assumed to be vacant for-rent. This ratio of
vacant for-rent units to total housing units for Collier County is then applied to the
total number of housing units in the 20-minute radius to get an estimated number of
vacant for-rent units in the 20-minute radius. With 88,041 total housing units in the
20-minute radius, the total number of vacant for-rent units is approximately 2,033.
The percentage of Collier County vacant for-rent units at each price point is then
calculated and the resulting ratios are applied to the total number of vacant for-rent
units in the 20-minute radius to determine the supply of vacant for-rent units at each
21
T
'Agendalt~i!lN6;8A
March 13, 2007
Page 96 of 160
price point. To remain conservative, partial units are rounded down to the nearest
whole unit resulting in 2,024 vacant for-rent units distributed across the range of price
points, This figure represents the total number of vacant for-rent units available
annually. Therefore, the total number of units per phase at each price point is equal to
the total number of vacant for-rent units at a given price point times the number of
years in the phase.
It is expected that there is an adequate supply of housing to accommodate the for sale
and for-rent affordable housing needs in all phases of the project. The complete
affordable housing tables and methodology are provided in Appendix 24.
B2 Please describe the locations of employment centers where residents of the
project are likely to work, given their expected income profiles, ages, family
makeup and other pertinent factors. Travel routes, travel times, and commuting
costs should be discussed, as well as the possibility of transportation by means
other than the private automobile. Employment opportunities should be
described in terms of two-digit SIC codes for jobs located within the project,
within the local jurisdiction, within adjacent jurisdictions and the County, and
within neighboring counties, as appropriate.
No residential units are to be constructed as part of this development.
C. If displacement or relocation of existing residents will occur due to the proposed
development, identify the number of people that will be affected, any special needs
of these people, and any provisions for addressing the effects of the relocation or
displacement of these people, particularIy in regards to their ability to find suitable
replacement housing.
No displacement and or relocation will occur as a result of the Pine Air Lakes DR!
DR!.
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March 13, 2007
Page 104 of 160
Pine Air Lakes DRI Affordability for Very Low, Low, and Moderate Income Households - Phase 1
RENTER-OCCUPIED HOUSING
VERY LOW INCOME:$31 ,650 X (0.3) = $9,495 ~ 12 = < $791/ Month
Number of Bedrooms
Utility Allowance Maximun Rent
Utilities Included Utilities Not Included
$37 < $791 < $754
$51 < $791 < $740
$66 < $791 < $726
$60 < $791 < $711
$102 < $791 < $689
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
LOW INCOME:$50,639 X (0.3) = $15,192 ~ 12 = < $1,266/ Month
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
Utility Allowance Maximun Rent
Utilities Included Utilities Not Included
$37 < $1,266 < $1,229
$51 < $1,266 < $1,215
$66 < $1,266 < $1,200
$80 < $1,266 < $1,186
$102 < $1,266 < $1,164
Number of Bedrooms
MODERATE INCOME:$75,960 X (0.3) = $22,788 + 12 = < $1,899/ Month
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
Utili1y Allowance Maximun Rent
Utilities Included UtiI~ies Not Included
$37 < $1,899 < $1,862
$51 < $1,899 < $1,848
$66 < $1,899 < $1,833
$80 < $1,899 < $1,819
$102 < $1,899 < $1,797
Number of Bedrooms
30
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E -g "". ~ <'ice."" 5I(.lIi<lir.:....:...: ";1~Ia;oi";~...no M. 6 0> o. ~IO"'oi .g<,; ~ g r-:.... Ii I-
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Pine Air Lakes DRl Rental Units in the Supply Area
Occupied Housing Units (Census 2000)
Owner Occupied 77,829 53.85%
Renter Occupied 25,144 17.40%
Vacant Units 41,563 28.76%
Vacancy Status (Census 2000)
Total Vacant Units 41,563
Rental Units 2,616
28.76%
1.72%
34
AgendalfemNo.8A
March 13, 2007
Page 108 of 160
1 .
Pine Air Lakes DRI Rental Unit Estimates by Rent Asked
Less than $100
$100 to $149
$150 to $199
$200 to $249
$250 to $299
$300 to $349
$350 to $399
$400 to $449
$450 to $499
$500 to $549
$550 to $599
$600 to $649
$650 to $699
$700 to $749
$750 to $799
$800 to $899
$900 to $999
$1,000 to $1,249
$1,250 to $1,499
$1,500 to $1,999
$2,000 or more
TOTAL
Units
(Census 2000) Distribution
18 0.69%
11 0.42%
18 0.69%
21 0.81 %
44 1.69%
18 0.69%
35 1.35%
93 3.58%
111 4.27%
164 6.31%
132 5.08%
152 5.85%
104 4.00%
235 9.04%
202 7.77%
187 7.19%
114 4.38%
281 10.81%
75 2.88%
141 5.42%
444 17.08%
2,600 100.00%
Annual Expected
Rental Units
14
8
14
16
34
14
27
72
86
128
103
118
81
183
157
146
89
219
58
110
347
2024
... .
A.gendanem No. SA
March 13, 2007
Page 109 of 160
35
Agenda Itemr~b~ 8A
March 13. 2007
Page 110 of 160
"; ~ ,'"
QUESTION 25 - POLICE AND FIRE PROTECTION
Not Applicable
QUESTION 26 - RECREATION AND OPEN SPACE
Have met the requirements of the Collier County Land Development Code.
QUESTION 27 - EDUCATION
Not Applicable
,; ." ~
QUESTION 28 - HEALTH CARE
Not Applicable
QUESTION 29 - ENERGY
Update conditions as necessary
. .
QUESTION 30 - HISTORICAL AND ARCHAEOLOGICAL SITES
Not Applicable
PART VI. SPECIFIC DR! INFORMATION
QUESTION 31 - AIRPORTS
Not Applicable
QUESTION 32 - ATTRACTIONS AND RECREATION FACILITIES
Not Applicable
QUESTION 33 - DOSPIT ALS
Not Applicable
QUESTION 34 - INDUSTRIAL PLANTS AND INDUSTRIAL PARKS
Not Applicable
QUESTIQN 35 - MINING OPERATION
Not Applicable
36
~ . ""^
Not Applicable
Not Applicable
Not Applicable
OUESTION 36 - PETROLEUM STORAGE FACILITIES
OUESTION 37 - PORT AND MARINA FACILITIES
OUESTION 38 - SCHOOLS
37
AgeJ1ct~jtalhtw; 8A ;"
. March 13, 2007
Page 111 of 160
RPM-BSP-ADA-l
Agenda Item No. SA
March 13, 2007
Page 112 of 160 .
MEMORANDUM
,
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F'SHK'ND
& ASSOCIATES
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TO: Cormac Giblin
Collier County Housing and Urban Improvement
FROM:
G. Russell Weyer
Senior Associates
SUBJECT: Pine Air Lakes Affordable Housing Resolution
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VIA:
E-Mail
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DATE:
May 12, 2006
Connac:
Attached is the most recent run of our affordable housing demand model for the Pine Air Lakes
DR! deviation where they are requesting an additional 118,000 square feet of commercial space.
The demand totals 78 units of which 64 would be for sale demand and 14 would be for rent
demand. Our analysis has determined that the combined supply of for-sale and for-rent units is
2,472. We have reviewed the data in detail during this fmal model run to ensure that only arms-
length transactions were used in this process.
As we discussed over the telephone, you indicated that you agree with our demand analysis.
Even though we have determined that there is enough supply to absorb the demand coming from
this additional square footage, the applicant is willing to pay $1,000 per unit for the 78 units to
mitigate the demand coming from the additional square footage.
We would like to know when that amount is due. When we originally talked about the per
square foot fee to mitigate the affordable housing demand, you mentioned that the amount due
would be due upon certiflcate of occupancy. Does that hold true for this mitigation and how is it
calculated? Do we convert the new amount to a square footage number and it is paid like the
other mitigation calculation? Please advise.
Also, please advise as to how the remainder ofthe procedure will take place.
Agenda Item No. 8A
March 13, 2007
Page 113 of 160
j
If you are in agreement with this mitigating offer, please indicate by signing below and returning
a copy for our files. We appreciate your assistance with this matter.
Ii
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* Notes- The Collier County Board of County Commissioners will always make the final
detennination as to what amount of mitigation is accepable to the County. The $1,000 per unit
mitigation amount is equivelent to what has been accepted by the County in the past by way of
volutary donations. Paymet of the mitigation amout shall be made no later than building permit
issuance. Ifmore than one permit is invloved then it may be prorated on a square foot baisis.
Signed: C c& ilu.k--c? ?j L-...
Name: Cormac Giblin
County Division: Housing and Grants Section
Title: Housing and Grants Manager
Date: 5/24/06
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DOA-2005-AR-8543
PINE AIR LAKES PUD (DRI-84-S)
PROJECH 1999003 8
DATE: 7121/06
KAY DESELEM
(COMPANION ITEM: PUDZ-A-2005-AR-8550)
~F"~.c-'" -~.' -_.-. _~., ___ "
Agenda Item~:~.:' """',','''\
Mamh 13:2007
REV, iPage 114 01'160 -
'..;..,,; ,~"
The Fiscal and Economic Impacts of
the Pine Air Lakes DRI Substantial
Deviation on Collier County
September 30, 2005
Prepared By:
Fishkind & Associates, Inc.
11869 High Tech Avenue
Orlando, Florida 32817
407-380-5225
http://www.fishkind.com
Executive Summary
Agenda IteniNb .81'C
March i3~ 2007
Page 115 of 160
;,C,
The Pine Air Lakes DRI ("the Project") is a commercial development in Collier
County ("County") near the corner of Pine Ridge Road and Airport Pulling Road.
At build-out, the Project will consist of approximately 75,000 square feet of
commercial office space and nearly 1,000,000 of commercial retail space. Since
397,218 square feet of commercial office and retail space has already been
constructed on the site, the Consultant calculated the fiscal results on the
remaining 677,782 square feet of space remaining to be constructed. The
primary purpose of the development is to provide a wealth of commercial
opportunities within a centrally located activity center.
The Project pays for itself in terms of fiscal impacts to the County and has
a positive fiscal impact for the School District as shown in Table 1 below.
The total net fiscal impact to the County is $3,922,544. The net present value of
the fiscal impact on the County is $2,660,517. The positive net present value
demonstrates that this development pays for itself in terms of impacts to
the County. For the School District, the Project provides a net present value
capital benefit of $32.2 million.
Table 1. Net Fiscal and Economic Impacts of the Project
Collier County, Net Total Fiscal Impact
Collier County, NPV of Total Fiscal Impact
Total ad Valorem Revenue for Collier County
Collier County School District, NPV of Capital Impact
Average Annual Economic Output in Local Economy at Build Out
Average Annual Economic Output in Local Economy during Construction
Total Direct and Indirect Employment Impacts at Build Out
$3,922,544
$2,660,517
$1,947,717
$537,884
$197,126,731
$128,813,361
6,784
There is also a substantial economic benefit to be derived from the
Project's development. Through direct and indirect impacts, the Project is
forecasted to produce 6,784 jobs at build out. Direct and indirect total output or
sales within the area is expected to average $143,206,936 each year at build out.
Direct and indirect employee earnings are forecasted to average $53,919,795
each year at build out.
These are very substantial fiscal and economic contributions to the local
economy that will benefit the County in a positive way. The bottom line is
that the Project will be a revenue generator to the County for many years to
come by increasing the overall taxable property base and providing an
economic stimulus for the area.
Pine Air Lakes DR! Fiscal Impacts
Page 2 of 11
T
f"'-
Agenda It~mN~:_8A'
March 13, 2007
Page 116 of 160
1.0 Introduction
1.1 Background
The Pine Air Lakes DRI ("the Project") is slated to be a mixed-use
development located in Collier County ("the County"), Florida. At build-
out, the Project will consist of approximately 75,000 square feet of
commercial office space and nearly 1,000,000 of commercial retail space.
1.2 Assignment
Fishkind & Associates, Inc ("the Consultant") has been contracted by
Landon Group South, Inc. ("the Client") to conduct a fiscal and economic
impact analysis to determine the impact of the Project's remaining square
footage on the County and the Collier County School District.
2.0 Development Schedule
Table 2 displays the commercial development schedule for the Project.
The Project's remaining square footage will consist of commercial office
space and retail/entertainment space.
Table 2. Commercial Development Schedule (Future)
Year Commercial Retail I Total
Office Entertainment
2006
2007
2008
Total
16,000
45,511
o
61,511
286,584
306,604
33,572
628,760
304,584
352,115
33,572
690,277
Pine Air Lakes DR! Fiscal Impacts
Page 3 of 11
Agenda Item No. 8A
March 13, 2007
Page 117 of 160
3.0 Fiscal Methodology
3.1 Introduction
The Consultant has developed a Fiscal Impact Analysis Model (FlAM)
under contract with the Florida Department of Community Affairs ("DCA").
FlAM is designed to serve as the prototype fiscal and economic
assessment tool for local governments in Florida. DCA has continued
contracting with the Consultant to further refine and develop FlAM.
Currently, FlAM Version 5.0 is available for use in Florida. Version 7.0 is
currently being developed. Recently an Urban Land Institute Pane ("ULI")
provided a peer review of FlAM on behalf of DCA. The ULI panel was very
complementary, made recommendations for further improvements, and
endorsed FlAM for use in Florida. DCA is continuing its contracting with
the Consultant for FlAM and DCA is planning for the implementation of
FlAM statewide.
FlAM provides estimates of the costs and revenues to local governments
associated with their land use decisions. FlAM examines both the long
range and near term impacts and it provides estimates for the effects of
land use decisions on both the operating budget and the capital budget of
the local government. FlAM is suitable for conducting analysis of individual
projects, development corridors, and entire comprehensive plans. FlAM
has been used for fiscal impact analysis in thirty-six Florida communities,
3.2 Fiscal Impact Analysis Model Calibration
The FlAM model used in the development scenario has been calibrated
based on the latest adopted budget and demographics for the County.
County staff has been contacted in order to gather accurate and current
information regarding the demographics of the County. In this way, FlAM is
properly calibrated to reflect the specific environment of the County with its
unique budget and characteristics, Furthermore, FlAM also includes ten
years of budgetary history for the County. This provides the base for FlAM
to project inflation rates over the long term.
3.3 Modified Per Capita Method
Local governments receive revenues from the land, development and the
activities of their populations of residents, workers and visitors, The major
portion of these revenues is in the form of taxes (Property Tax, Sales Tax,
Gas Taxes, Utility Taxes, Resort Tax, etc.) and fees, assessments and
charges for service (permits, impact fees, waste collection and lighting
assessments, etc.).
Pine Air Lakes DRI Fiscal Impacts
Page 4 of 11
r
Agend~"temNo,SA ..'
March 13; 2007
Page 118 of 160
Local governments also render services to all residents, to all who are
working in the County, and to all visitors to the County. Therefore, on the
cost side of the equation, cities incur costs to provide services to
residents, those employed in the County, and to visitors. At some point
during a 24-hour period, a resident may become a person employed in the
County, and then later in the day may be a resident again. To such an
individual, the County has rendered services for a full 24 hours. Other
residents may leave the County to work in another County. In this case,
the County only provides services to that person when they are physically
in the town. For those workers that do not live in the County, services are
only provided to those workers when they are in the County. Finally,
visitors receive service during the whole time period of their visit, but
obviously not when they leave.
To properly measure the services provided to each of these groups, a
weighting procedure is needed that reflects the duration of time each
group is resident in the County. This calculation provides us with the full-
time equivalent (FTE) population, employees and visitors. For both
residents and workers, a working period assumption of 2,000 hours per
year is applied. In this way, the fiscal impact of the FTE residents,
employees and visitors can be properly identified.
A variety of methods exist for quantifying the revenue and cost impacts
flowing from a development opportunity such as the one presented here.
The approach used in this FlAM is the modified per capita approach.
When possible, the revenues and expenditures that can be identified from
the subject population(s) are directly estimated or calculated. For this
project, ad Valorem and impact fee revenues were calculated using
current millages and fees. The remaining cost and revenue categories
were estimated based on modified per capita estimates.
The modified per capita approach involves the. calculation of revenues
using the latest published budgets for the appropriate population basis
(Le. per person. per employee. per tourist, per student). From an
economic perspective, this is equivalent to assuming that average
revenue generation applies to the particular situation being evaluated.
This is a reasonable assumption in most cases for two reasons. First,
local governments must run balanced budgets, so that current costs and
current revenues balance and are appropriate for current circumstances.
Second, using long run averages also means that any excess capital is
maintained in the various systems and not allocated to the project.
Furthermore, there is nothing peculiar about the location or the type of this
particular project that indicates that per capita parameters estimated from
the latest budgets would not be reflective of actual costs and revenues.
Pine Air Lakes DRI Fiscal Impacts
Page 5 of 11
Agenda Itenir\Jo. SA .
March 13. 2007
Page 119 of 160
The numerator for each cost or revenue item is the cost or revenue shown
in the County's budget. The denominator depends upon the type of cost
or revenue. Each category of cost and revenue was examined to
determine the impact of population and/or employment (businesses).
Then each category was divided by the appropriate divisor (FTE
population; FTE population + FTE employment) to yield the average per
capita revenues and expenditures for all budget categories. The
arithmetic is shown below.
Revenue
= Per Capita
FTE Population + FTE Employees
3.4 Fiscal Impact Calculations
The FlAM model utilizes the most recent Collier County annual budget
with projected revenues by source and expenditures by function.
Property taxes are calculated using the increase in taxable property value
applied to the appropriate millage rates. Most of the other budget
revenues and expenditures are calculated using the per capita
methodology. The per capita numbers used are the full-time equivalents
(FTE) residents and employees calculated using The University of Florida
data and Fishkind estimates of employment. The revenues and
expenditures are calculated by multiplying the FTE residents and
employees by the per capita revenue and expenditure amounts from the
budget. The County averages are used to maintain a conservative
methodology.
The per capita calculations for the County's budget were calculated using
revenues and expenditures from the budget's General and Special
Revenue Funds. The revenues and expenditures from these funds were
divided by the County FTE Population plus the County time. Any voted
taxes are assumed to be reaffirmed once their current FTE employment to
provide the per capita amount. Human Services and Parks and
Recreation typically have only the population as the denominator. These
Budget per capita amounts are then multiplied by the number of new FTE
residents and FTE employees and FTE visitors in order to generate the
projected revenues and expenditures found in Appendix Table 4.
Certain non-revenues and non-expenditure items are not included as they
are not applicable to the incremental change in population.
Pine Air Lakes DRI Fiscal Impacts
Page 6 of 11
Agenda,ltem No. sA
March 13.2001
Page 120 of 160
3.5 Assumptions
Appendix Table 1 contains the basic data, assumptions and sources used
in the County fiscal impact model. These are provided for completeness
and allow for the replication of our results.
3.6 Collier County School District Methodology
The FlAM provides the Project's impact on the School District's capital
revenues and expenditures. The Capital Projects Fund contains ad
Valorem revenues and impact fee revenue. The ad Valorem revenues
were calculated by multiplying the taxable value times the capital millage
rate. This methodology provides a good indication or whether or not the
development covers the capital costs of the School District. However. it
does not calculate the School District's actual cash flow.
4.0 FlAM Results
4.1 Fiscal Impacts of the Project on Collier County
The FlAM forecasts the fiscal impact of the Project on the future revenues
and expenditures for the County based upon the County's budget. The
total values look at the aggregate value associated with the development
of the project and are simply the sum of the annual revenues,
expenditures, or net impacts generated from the project at build out.
The net present value ("NPV') calculation displays how much a future
investment is worth in today's dollars. The NPV formula takes the annual
revenues, expenses, or net impacts and discounts them by a present value
factor of 10% a year for 3 years. NPV is a common tool used by the public
and private sectors to gauge a project's net effect on operations and
capital in order to make sound business decisions. NPV assumes a
person can take their money and invest it elsewhere for a given rate and
then discounts each future year's cost or revenue by that rate in order to
compensate for what could have been received on the money in the
alternative investment. Once each annual amount has been adjusted, the
values are summed in order to obtain the net present value of the future
costs or revenues.
Next. by deducting the expenses from the revenues, a net operating and
capital present value impact can be determined. The project's overall NPV
is calculated by summing the net capital impact and the net operating
impact. A positive NPV indicates a good investment. The greater the
number, the greater the positive impact the development will have on the
County. Projects with overall negative NPV's should be avoided. Table 3
presents the results of the fiscal impacts calculated by the FlAM.
Pine Air Lakes DRI Fiscal Impacts
Page 7 of 11
Agenda Item ['-lo. B,A
March 13, 2007
Page 121 of 160
Table 3. The Fiscal Impacts of the Project on the County
Total Present Value
Total Operating Revenue $3,802,744 $2,515,708
Total Operating Cost $610.466 $561,104
---------- ----------
---------- ----------
Net Operating Impact $3,192,279 $2,107,879
Net Operating Impact (Revenues @ $2,422,199 $1,594,655
95%)
Total Capital Revenue $8,433,691 $5,985,987
Total Capital Cost $6,933.346 $4,920,125
---------- ----------
--------- ----------
Net Capital Impact $1,500,345 $1,065,862
Net Fiscal Impact (Revenues @ 95%) $3,922.544 $2,660,517
By removing the capital lines from the budget, the FlAM determines both
capital and operating revenues and expenditures. The operating revenues
generated from the development of the project are the sum of each
revenue source the County would receive based on the development
schedule. The Project supplies the County with a total of $1,947,717 in ad
Valorem revenues through build out. Total operating revenues to the
County associated with the Project are $3,802,744. The NPV of the
operating revenues is $2,515,708. Operating revenues consist of such
items as ad Valorem tax revenue, occupational licenses, building permits,
utility taxes, state revenue proceeds. charges for County services, etc.
Operating expenses are the County's costs for such items and services as
financial and administrative expenses, emergency and disaster relief,
legislative and executive expenses, and comprehensive planning. The
total operating expenses are $610,466 with an NPV of $561,104.
Approximately 50% of all operating expenses associated with the Project
are related to police control.
By subtracting operating expenses from operating revenue, a net operating
impact can be calculated. Theoretically, the County will receive 100% of
the net operating impact. However, the State mandates that municipalities
budget based on 95% of projected revenues. The net operating impact at
95% of revenues ;s $2,422,199. The NPV of the net operating impacts at
95% of revenues is $1,594,655.
Total capital revenues are $8,433,691 for an NPV of $5,985,987. These
capital revenues are generated by the sum of all impact fees collected from
the buildings that will be constructed onsite.
Pine Air Lakes DRI Fiscal Impacts
Page B of 11
Agenda Item No. 8A
March 13, 2007
Page 122of160
Capital expenditures are generated by how the future land use impacts the
County's existing capital structure. Total capital expenses are $6,933,346
for an NPV of $4,920,125. Capital expenses include the capital costs
related to roads, fire rescue, law enforcement, etc. For example, a capital
cost for the Sheriffs Department would be the purchase of a new vehicle
or any new construction or improvements made to existing buildings in
order to serve the Project.
A net capital impact can be created the same way a net operating impact
was calculated. By subtracting capital expenses from capital revenues, the
total net capital impact is $1,500,345. The NPV of the capital impact is
$1,065,862.
Finally, by summing the values for the net capital impact and the net
operating impact, an overall net total impact at 95% of revenues can be
calculated. The total fisca.1 impact of the project to the County is
$3,922,544. The total NPV impact to the County is $3,173,740. This is
indicative of a Project that pays for itself in terms of both operational
and capital impacts.
The fiscal results by year and by type are presented in Appendix Table 2.
4.2 Fiscal Impacts of the Project on the School District
Since this Project is comprised of commercial office and commercial
retail/entertainment, it will create some fiscal impacts for the School District
primarily through operating and capital ad valorem tax revenues. Table 4
shows the operating and capital impacts of the Project.
Table 4. Operating and Capital Impacts for the School District
Ad Valorem Operating Revenues $1,215,348
Ad Valorem Capital Revenues $610,466
The total operating school ad valorem revenues produced by the Project
through build out are $1,215,348. These revenues are generated by
multiplying the total operating millage by the increase in taxable property
values due to the development of the Project. The majority of this revenue
is collected and redistributed to the State's school districts based on the
number of students and spending needs. Thus, the likelihood of the
School District experiencing a windfall or shortfall due to the new
development is negligible.
Pine Air Lakes DRI Fiscal Impacts
Page 9 of 11
Agenda Item No. SA
March 13, 2007
Page 123 of 160
The Project will also produce ad valorem capital revenues for the School
District, as shown in Table 4. The total NPV capital ad valorem taxes
generated by the increased taxable values of property in the County are
$537,884. The Project pays for itself in terms of impacts to the
School District with a $1,057,428 NPV benefit for the District.
5.0 Economic Impacts of the Project
The proposed Project will contribute greatly to the local economy. A
new development creates not only fiscal impacts. but also economic
impacts. Direct economic benefits are the result of people purchasing
goods or services from a business. For example, a person buying a new
car from a dealership creates a direct impact on the economy. Indirect
economic benefits are created by a 'ripple effect' through the economy.
For example, if enough people buy new cars from dealership, the owner
must then hire more clerical workers, salespeople, mechanics, etc. These
workers in tum purchase additional goods and services in the local
municipality, thus further impacting the economy. Appendix Table 3
contains the detailed economic impacts of the Project.
Table 5. Economic Impacts of the Project (Future Development)
Total Direct Impact Jobs
Total Indirect Impact Jobs
Average Annual Economic Output'Sales at Build Out
Average Annual Employee Earnings at Build Out
4,682
2,102
$143,206,936
$53,919,795
Table 5 summarizes the economic impacts of the Project. A total of 4,682
jobs are forecasted to be created directly onsite. Indirect impacts create
another 2,102 jobs in the local economy at the Project's build out. Total
output in the local economy is forecasted to reach $143,206,936 on
average each year at build out. Total employee earnings will average
$53,919,795 on average each year at build out. These numbers are
indicative of a project that provides an economic stimulus to its
surrounding areas.
Pine Air Lakes DRI Fiscal Impacts
Page 10 of 11
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5.0 Conclusion
Agenda Item No. 8A
March 13, 2007
Page 124 of 160
Based on the economic and fiscal impact summarized above. the County
and the School District will benefit greatly from the development of the
Project as proposed.
Table 6 below summarizes the total fiscal impact of the Project's
remaining square footage. The total net impact provided to the County
due to the development of the Project's remaining square footage is
$3,922,544. The NPV of the Project's impact to the County is $2,660,517.
In addition. the project contributes $537,884 in NPV capital dollars to the
School District. Thus, as Table 6 below demonstrates, the additional
development will not only pay its own way in terms of County
services and impacts on facilities, It will generate a sizeable fiscal
surplus. The surplus revenues can be used by the County for any
purpose, including roads, public buildings, or park construction.
Table 6. Net Fiscal and Economic Impacts of the Project (Future
Development)
Collier County, Net Total Fiscal Impact
Collier County, NPV of Total Fiscal impact
Total ad Valorem Revenue for Collier County
Collier County School District, NPV of Capital Impact
Average Annual Economic Output in Local Economy at Build Out
Average Annual Economic Output in Local Economy during Construction
Total Direct and Indirect Employment Impacts at Build Out
$3,922,544
$2,660,517
$1,947.717
$537.884
$197,126,731
$128,813,361
6.784
There is also a substantial economic benefit to be derived from the
Project's development. Through direct and indirect impacts, the Project
is forecasted to produce 6,784 jobs at build out. Direct and indirect total
output or sales within the area is expected to average $143,206,936 each
year at build out. Direct and indirect employee earnings are forecasted to
average $53,919,795 million each year at build out.
The ultimate conclusion is clear. From a fiscal and economic
viewpoint, the County and the School District will benefit greatly from
the Project's development.
Pine Air Lakes DRI Fiscal Impacts
Page 11 of 11
Appendix Table 1 - FlAM Input Assumptions
Taxable Assessment Ratio
Homestead Exemption
% Single-Family with Homestead
% Mulfifamtty with Homestead
92%
$25,000
68%
17"4
ProperlY Tax Ad Valorem Mil/ace
General Fund
Unincorporated
Fire & EMS (Golden Gate Fire District)
Water Pollution Control & Conservation
3.8772 Mil/s
0.8069 Mills
1.0000 MlIIs
0.2847 MlIIs
Mills
Population (total) 291,902 (Ft Population Studies, 2003)
Equivalent Fun.TIme
~ EQulvale~
Population-Working Residents 114,960 0.7619 87,588
Population-Non-Working Re_sldents . 176,942 1.0000 176,942
~~- ~~~-'~i1J]].__h'Lm
Population (peak season) 355,028 288,202
City Employment (total) 114.960 0.2381 27,372
(State of Florida ES-202, Q2, 2003)
City Labor Force Participation Rate 39.38%
County Population (unincorporated) 254,255 1.??oo 254,255
(FI Population Studies. 2003)
2005
Persons per Household - Single FamHy ~g
Persons per Household - Multifamily 1.79
(Fl Population Studies, 2003)
~~r-..",,,....,!!,~~~1l'%1;Z".fs~~__~
~~11R!!,!!!,,.2!~_!:i_
Total Households County 113,864 (A Population Studies, 2003)
~
2.39
1.79
W!
2.39
1.79
(U.S. Census Bureau, 2000)
(U.S. Census Bureau, 2000)
(U.S. Census Bureau, 2000)
Seasonal Units (not rentals)
35.217 (US Census, 2000)
Emplovment Assumptions
Office 1-Story
Office Class A
Office Medical
Retail. Neighborhood
Retail- Community
Retail- Regional
Restaurant-Sit Down
Restaurant-Fast Food
Hotel
Industrial
Warehouse
Golf Course
Clubhouse
Specially Recreation
ACLFlNursing Home beds
Institutional/Government (sq ft)
Hospital (per bed)
AgriculturelForestry
Proiect
300 sq. ft. per employee
350 sq. ft. per employee
250 sq. ft, per employee
598 sq. ft. per employee
598 sq. ft. per employee
598 sq. ft. per employee
450 sq. ft. per employee
100 sq, ft. per employee
0.5 employees per room
2,500 sq. ft. per employee
5,000 sq, ft. per employee
40 per 18-hole course
800 sq. ft. per employee
10 per unit
1 per bed
300 sq. ft. per employee
3
25 per 1,000 acres
Agenda Item No. 8A
March 13, 2007
Page 125 of 160
2008
2.39
1.79
2009
2.39
1.79
Agenda Item No. SA
March 13, '2007
Page 126of160
Maximum Annual Inflation Rate-Budget
Minimum Annual Inflation Rate-Budget
Maximum Difference in Inflation Rates-Budget
110.0% oflong-term total average
50.0% of long-term total average
2.50% Average rate for costs v. revenues
. Input Property Sales Value Assumptions for New Units:
Project Data
Multifamily-For Sale Condo
Multifamily-For Sale Townhouse
MultifamUy-For Sale Other
Multifamily-Rental ApartmentsfTH
Multifamily-ACLF/Nursing Home beds
Multifamily-Rental other
(Developer)
(Developer)
(Developer)
(Developer)
, (Developer)
Vacant Acreage
Single-Family - Low Range
Single-Family - Mid Range
Single-Family - High Range
Single-Family - Special
(Developer)
(Developer)
(Developer)
(Developer)
(Developer)
f (Developer)
Mobile Home
$30.000 (Developer)
Vacant Commercial Acres
Office 1-Story (sq.ft.)
Office Class A (sq. ft.)
Office Medical (sq.ft.)
$100,000 (Developer)
$210 (Developer)
$240 (Developer)
$200 (Developer)
Retail-Neighborhood
Retail-Community
Retail-Regional
Restaurant. Sit Down (sq.ft.)
Restaurant - Fast Food/Drive thru
Institutional/Government
Hotel (per room)
Vacant Industrial Acres
Industrial (per sf)
Warehouse (per sf)
Golf Course (per acre)
Golf Course (holes)
Golf/SwimfTennis Club (sq.ft,)
Specialty Recreation (per unit)
AgriculturelForestry (acres)
Mobile Home/RV Park, Parking Lot
$220 (Developer)
$220 (Developer)
$220 (Developer)
$220 (Developer)
$240 (Developer)
$0 (Developer)
$100,000 (Developer)
$100,000 (Developer)
$75 (Developer)
$50 (Developer)
$25,000 (Developer)
$555,556 (Developer)
$200 (Developer)
$5,000 (Developer)
$5,000 (Developer)
$4 (Developer)
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INPUT FOR CAPITAL FACILITIES AND EQUIPMENT
Input for Law Enforcement
Number of Patrol Deputies
Cost to Eouio Patml Depulv
Patrol Vehicle
Ugh! Bar
Mobile Data Computef
Other
353 (Shertll's Department)
$18,488 (Sherill's Department)
$1,000 (Sherill's Department)
$3,632 (Sherill's Department)
3,595 (Sherill's Department)
--------
--------
$26,716 (CalCUlated)
6
6,00%
$9,430,619 (CaIOJla1ed)
$2.238.795 (Calculated)
40,000 (Sherilf CIP Budget)
2,986,000
25
5.00%
$214.702
$2,453,497 (Calculated)
400,000 (Sherill's Department)
$6.13 (CaWated)
Subtotal
Average life of Equipment for Deputy
Interest Rate for Financing Equipment
Cost for Entire Patrol Deputies
AnnuaRzed Cost Including Interest
Sherill's 5- Year C1P
Corrections 5-Year CIP
Avera"" Economic life CIP Items
Interesl Rate for Financing Equipment
Annualized Cosllncluding Interest
Annulaized Total Palmi Capital Cost
T alai Calls for Service
Total Patrol Capital Cost per Call
Calls per Un" bv Land Use
Single-family
Multifamily
Mobile Home
HoteVMolel per Room
Commercial I Retail per 1,000 sq.ft..
Office per' ,000 sq.fl.
Institutional per 1,000 sq.1l
Warehouse I Storage per 1.000 sq.fl.
Manufacturing per 1.000 sq.1l
Recreation
Mobile HomelRV Part<, Parking LoVacre
Schools per 1,000 sq.fl.
BookinoslUn II
0.0632
0.0404
0.0061
0.0524
0.3053
0.3707
0.0328
0.0085
0.0086
0.1566
0.0328
0.0328
Cost
sew Cost estimated based upon bookings per ur
S56,52 Cost estimated based upon bookin"s per ur
S8.53 Cost estimated based upon bookings per ur
$73.31 Cost estimated based upon bookings per ur
5427.11 Cosl estimated based upon bookings per ur
$518.61 Cost estimated based upon bookings per ur
545,89 Cost estrnaled based upon bookings perur
$12.03 Cost estimated based upon bookings per ur
$12.03 Cost estimated based upon bookings per ur
$219.08 Cost estimated based upon bookings per ur
545.89 Cost estimated based upon bookings per ur
545.89 Cost estimated based upon bookings per ur
Input FirelRescuelEMS Data: North Naples Fire District
Capital Cost of New Fire Station $1,500,000 {Ate , Res.... OepertmenQ
Average Economic life CIP Items 25
Interest Rale for Financing Equipment 7.00%
Annualized Cost Fire Station $128,716 (calCUlated)
Capital Cosl of Engine $350,000 fF".. & Rescue OeportmonQ
Average Economic Life C1P Items 15
Interest Rale for Financing Equipment 7.01)0"
Annualized Cost Engine & Rescue Unit $38,428 (caJculotocl)
Total Calls for Service - FIRE 4,347 {Fire 0& ReSale DeplrtmenQ
Number of Fire Stations (
Average Cans per Station 1.087 (ealculaled)
Avera"e Capital Cost per Can $153.80 (calaJla1ed)
Calls per Unit bv Land Use - FIRE Calls Cost
Single-family 0.270 $41.53
Multifamily 0.270 $41.53
Mobile Home 0.270 54 , .53
HOleVMotel per Room 0.030 5461
Commercial I Retail per 1,000 sq.fl. 0.010 $1.54
Office per 1,000 sq.fl. 0.010 $1.54
Institul<onal per 1,000 sq.tt. 0.010 $1.54
Warehouse I Storage per 1,000 sq.1t. 0.010 $1.54
IndustIy per 1,000 sq.1t. 0.010 $1.54
Recreation per 1,000 sq.fL 0.010 $1.54
Mobile HomelRV Park per acre 0.010 $1.54
Aaenda Item No. 8A
- fvlarch 13, 2007
Page 129 of 160
In out EMS
Cepltal CosI of EMS Rescue UnIt
Average Ecol'lCllTlic L~e C1P Items
Interest Rate lor Financlng Equipment
Annua.zed CoIl of Rescue Unit
$175.000
15
7.00"1.
SO 1........04)
T DIal Celts for Service. EMS
Number of EMS Vehld..
Ave<Ilge Call. per EMS Vehide
"'verage Capltal eost per eaa
Calls _ Unit bY Lend Use. EMS
Single.famlty
MUltifamlly
Mobile HcmI
HoteUMotel per Rocm
Commercial I Ratall per 1,000 sq.fl
Olfoce per 1,000 sq.fl
Institutional per t,ooo sq.1L
warehouse r S1al1Ige par 1,000 1q.1L
Industry per 1,000 sq.tl
ReCAl8lion par 1,000 sq.!\.
Mobile HomeIRV Pm per a,,",
Input Level of Service and Cost for LIBRARIES
Il!!!t
O~
O~
0.43
Single.famlly
MIJUlamlly
Mobile Home
HotellMotel per Room
Input Level of Service end Cost for PARKS
~
3.0
3.0
3.0
Single.famlly
M\Jfifamlly
Mobile Home
HotelfMotel per Room
Input Level 01 Service end Cost for PUBLIC BUILDINGS
~
2
2
2
2
2
2
2
2
2.
2.
2.
Single.famlly
MIJlifamily
Mobile Home
HolellMoteI per Room
Comme<eiall Retail per 1.000 sq.!\.
0lf1Ce per 1,000 sq.fl
Institutional per 1.000 sq.1L
warehOUSe I Storage per 1,000 sq.fl
Industry per t,ooo sq.tl
Recreation per 1,000 sq.1L
Mobile HomeIRV Par1< per aen!
1 (may be qme as FJRE abowl
2.6 (_b...meaflRE_.)
o {calculat.d}
$0.00 1-04)
Agenda Item No. SA
March 13, 2007
Page 130 of 160
~
o.m
0.270
0.2.70
0.030
0.010
0,010
0.010
0.010
0.010
0.010
0.010
~
$103,61 These costs laken frOm EMS Impact Fee update 612.000
$13.03
$93.03
$37.61
$19U2.
$83.13
$33.65
$4.62
$~.91
$461.12
$33,65
per perwon
per person
per perwon
per room
~
$2.37.74 The.. costs taken frOm Ubrary Impact Fee Ulidate 11I2.000
$2.14.40
$214.40
SO
11.000 people
11,000 people
11 ,000 people
per room
per unit
per \rll
per unit
per room
per 1 ,000 If
per 1.000 sf
per 1,000 sf
per 1,000 If
per 1,000 If
per 1.000 sf
perR,,",
Input Level of Service and Cost for JAIL FACILmES
Bookina!lfUnlt CoSl/Booking
Single-lamlly
Multifamily
Mobile Home
HotellMotel per Room (2O'X40')
Commercial I Retail per 1,000 Iq.fI.
Olflce per 1 ,000 sq.fI.
Institutional per 1,000 sq.t1.
WarehOUSe I Storage per 1,000 sq.fl
InduStry per1 ,000 sq.1L
Recreation per 1,000 sq.fI.
Input OTHER Level of Service and Cost per UnIt
Delivered
Leyel of
Service
0,0632.
0.0404
0,0061
0.0524
0.3053
0.3707
0.0328
0,0086
0.0086
0.1566
~
$746.73
$746.73
S746.73
per unit cost faken fI'Om Park Iffil>lId Fee update June 2002
Divided by 2 to relied developer provision
~
$80
saD
S80
SSO
$80
$80
$80
S80
$80
S80
$80
S91.77 perl.l'1lt
S91.77 per unit
S91.77 per unll
$91.77 per room
$91.77 per 1.000 sf
$91.77 per 1.000 sl
$91.77 per 1.000 sf
$91.77 per 1,000 sf
$91.77 per 1,000 sf
$91.77 par 1,000 sf
!.!!l!1l
Roads
Mass Transit
water
Sewer
Solid waste
0.00173 lane mlleslpe<son
o person trips' dsy
2M gallons per ERU
200 gall ons per ERU
o pounds I peBon I day
~
$5.80
$3.71
SO.66
S4.81
S28.D2
$34.02
S3.01
$0.71
$0.71
$14.31
-imPact fee ordinance)
~mpacl fee ordinence)
~mpact fee ordinance)
.;mpact fee ordinance)
~mpact fee ordinance)
~mpact fee ordinance)
~mpact fee ordinance)
.;mpacl foe ordInance)
~mpact 1ae ordinance)
~mpact fee ordinance)
-impact lee ordinance)
Preferred
Average Leyel of
~ ~
$3,151,198
SO
$0
sa
So
0,00173
NA
NA
NA
NA
Agenda Item No. SA
March 13, 2007
Page 131 of 160
Input Usage Rates for Water, Sewer & Solid Waste
Residential Units
Single-Family - Low Range
Single-Family - Mid Range
Single-Family - High Range
Single-Family - Special
GallonslOav/Uni!
Water Sewer
Cubic YardslOay
Solid Waste
Multifamily-For Sale Condo
Multifamily-For Sale Townhouse
Multifamily-For Sale Other
Multifamily-Rental Apartments
Multifamily-Rental Townhouse
Multifamily-Rental Other
300 225
300 225
300 225
300 225
200 150
200 150
200 150
200 150
200 150
200 150
10
10
10
10
7.5
7.5
7.5
7.5
7.5
7,5
Mobile Homes
Non-Residential
Office 1-Story (sq. ft.)
Office Class A (sq.ft.)
Office Medical (sq. ft.)
Total Office (sq. ft.)
Golf Course (acres)
Golf Course (holes)
Golf Clubhouse (sq.ft.)
SwimlTennis Club (sq.ft.)
o
o
5
3
1
1
1
1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
50 5
1 1
1 1
0 0
0 0
5 2
3 2
Retall- Neighborhood (sq.ft.)
Retail- Community (sq,ft)
Retail- Regional (sq.ft)
Total Retail (sq.ft.)
Restaurant - Sit Down (sq,ft.)
Restaurant - Fast Food/Drive thru
Restaurant - Fine Dining (sq.ft.)
Hotel (rooms)
50
Industrial
Warehouse
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)\'genda Item No. SA
March 13, 2007
Page 133 of 160
Appendix Table 3. Pine Air Lakes DRI Economic Output Details
RIMS II Multipliers Output Jobs Earninos Jobs/$ Jobs X
General Office 1,74 24 0.59 0,000018 2.5
Retail-Shopping Center 1.55 28 0.35 0.000021 1.3
Restaurant 1.32 31 0.31 0.000023 1.2
Hotel 1.75 29 0.33 0,000022 1.7
Industrial 2.21 16 0.43 0.000012 1.9
Warehouse 1.25 13 0.25 0.000010 1.3
Institutional I Govemmental 1.13 12 0.21 0,000009 1,2
Golf Course 1.24 14 0.22 0.000011 1,1
Housing Related 1.33 20 0.33 0.000015 1.2
Construction 1.66 17 0.61 0.000013 1.4
2005 2006 2007 2008 Wi
Total Employment 1,808.3 3,011.4 1 ,963.4
Total Earnings $0 $0 $50,397,929 $83,650,627 $53,919,795
Total Output/Sales $0 $0 $114,228,812 $198,662,708 $143,206,936
*","""'"""",_""","""""O"""""i!'~)oQ_Ilfio_'lilll""_,_,-",_""""",,,,,,,,,,,,,,,,,,,_.,'....,,.'..,",,,,,,,.,....."_,,,,,,...,
---:=-,..,
Agenda Item No. 8A
March 13, 2007
Page 134 of 160
Pine Air Lakes Q24 Sufficiency Questions
Question 1:
Pine Air Lakes DRl: Demand Calculation is based onfiguresfor the proposed
Substantial Deviation a) Why weren't housing impacts analyzed for the entire ADA?
Response:
Housing impacts were only analyzed for the Substantial Deviation portion of the
ADAlDRI because a significant portion of the project is already constructed and
operational. The employment associated with the operational portion of the ADAlDRI
has been absorbed into the market and should not be counted as affordable housing
demand as it was previously calculated in the original submission of the ADAfDRI. The
affordable housing calculations were conducted on the Substantial Deviation in order to
estimate the affordable housing demand associated with the remaining commercial retail
and office development
Question 2:
Pine Air Lakes DRl: Demand Calculation Model for Commercial and Office is not in
agreement with the latest data from the Quarterly Edited ES-202 Report (by County) b)
please explain where the data came from and its age?
Response:
The analysis has been updated with the most recent ES-202 2005 quarterly data.
Question 3:
The report states that Housing Demandfrom existing DRls is included in various
calculations a) what are the existing DRls included in these calculations b) how are
these figures computed c) please provide these figures
Response:
In order to combat the "double counting" problem, affordable housing demand from
previously approved DRIs in the market are calculated. DRI's included in these
calculations are: Pelican Bay, Tallgate Commercial Center, Fiddler's Creek Marco
Shores, The Vineyards of Naples, Lely - Resort Community, Parklands, aIde Cypress-
the Woodlands, Twelve Lakes, Citygate Commerce Park, Grey Oaks, Collier's Reserve,
Pelican Marsh, Winding Cypress, Collier County Government Center, Heritage Bay, and
Ave Maria.
l\genda Item No. 8A
March 13. 2007
Page 135of160
As per the pre-application methodology, industry accepted employment multipliers are
applied to the developable square feet of each DRl on a phase per phase basis, which
yield an affordable housing demand using the ECFRPC methodology. This demand is
then applied to the available supply prior to evaluating the affordable housing demand
from the Pine Air Lakes DRl on the remaining supply in the market. The figures are
provided in the attached Appendix.
Question 4:
In the table "Pine Air Lakes DRl Rental Unit Estimates by Rent Asked" aJ How is the
presented data limited to the lOmile/20minute 'housing supply area"? Please elaborate
on the methodology used to limit said data bJ Which census table is the data takenfrom
Response:
The data is limited to the "housing area" by utilizing the Census based mapping program
iSite. Data is taken from the following census tables: H7, H8, and H59. The
methodology used to apply the data to the 10-mile/20-minute market is provided below.
According to the 2000 census there were 144,536 total housing units in Collier County,
of which 41,563 were vacant rental units. The ECFRPC methodology precludes the use
of the first 5% of vacancies. Therefore 1.72% (2,485) of the total housing units in Collier
County were assumed to be vacant for-rent. This ratio of vacant for-rent units to total
housing units for Collier County is then applied to the total number of housing units in
the 20-minute radius to get an estimated number of vacant for-rent units in the 20-minute
radius, With 88,041 total housing units in the 20-minute radius, the total number of
vacant for-rent units is approximately 2,033.
The percentage of Collier County vacant for-rent units at each price point is then
calculated and the resulting ratios are applied to the total number of vacant for-rent units
in the 20-minute radius to determine the supply of vacant for-rent units at each price
point. To remain conservative, partial units are rounded down to the nearest whole unit
resulting in 2,024 vacant for-rent units distributed across the range of price points. This
figure represents the total number of vacant for-rent units available annually.
Agenda Item No. SA
March 13, 2007
Page 136 of 160
Question 5:
ECFRPC Methodology limits the use of Census data to two years...Please use alternate
method of computing data where Census 2000 has been used?
Response:
Per the accepted methodology provided in the pre-application document submitted, the
source data for rental units was applied properly. As stated in the pre-application
methodology: "In the event that local rental unit vacancy rate data is unavailable, the
2000 Census data will be used."
Question 6:
Please provide the data from the Collier County Property Appraiser's office that was
usedfor Table 24.B.2a For-Sale Supply
Response:
The supply for the revised analysis is provided herein.
Question 7:
ECFRPC methodology states sales datafrom the Property Appraiser's Office should be
limited to recent 12 month time period a) is the presented data limited to recent 12
month period?
Response:
The revised analysis enclosed used the most recent 12 month sales data as recorded by
the Collier County Property Appraiser.
Question 8:
At this point in the housing analysis the applicant can answer the above questions or
committee to the standard recommendations to mitigate the affordable housing.
Fishkind & Associates, inc. (the Developer's Consultant) has conferred with both the
Regional Planning Council Staff (Dan Trescott) and the housing development manager
for Collier County's Housing and Urban Development Department (Cormac Giblin) to
first confirm that the affordable housing analysis is only performed on the additional
commercial square footage being requested since the original DR! approval accounted for
the affordable housing requirement for the initial 957,000 square feet.
Agenda Item No. SA
March 13, 2007
Page 137 of 160
Both the RPC staff and Collier County staff agreed that the affordable housing
requirement for this substantial deviation would be measured on the requested additional
square footage. The new total square footage is 1,075,000 and the initial approved DRI
was 957,000 square feet. The additional square footage requested is 118,000. Based on
the current commercial rnitigati on amount of $0.50 per square foot of commercial space,
the amount due to mitigate the affordable housing requirement is $59,000. The Applicant
is willing to agree to this amount.
According to Cormac Giblin of the Collier County Housing and Urban Development
Department, that amount is paid at Certificate of Occupancy (C.O,) for each building as
they are constructed.
COLLIER COUNTY GOVERNMENT(i) .,:.
DEPT. OF ZONING & LAND DEVELOPMENT REViEW........... zA..:::....:.....
WWW.COLLlERGOV.NET : .....
~l 0 ..\..~ :
Agenda Item No. 8A
March 13, 2007
2800 NORTH HORSESHOE Ditrv~ 138 of 160
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
PRE-APPLICATION MEETING NOTES
DOA-2005-AR-8543
PROJECT #19990038
DATE: 1l/l/05
MICHAEL BOSI
r
DRI [)evelopmenlOrder Amendment
Date: ).-~t... OS
PROJECT NAME:
Applicant Name:
Owner Name:
1'"'\ eo t ,\
Time: p(. v
,,?-,..., p,.,,.
Firm:
L~It..r
f ""\ S
A "" t ...1"", t '" r
I<.c. '1"1._ ~ 'f ShJ t
Phone:
Phone:
Owner Address:
State Development Order Number:
Assigned Planner V\; ("to '1" 1"1
~~nng~tte..,de~s: (a~ac~~ig~fn ~heet)
City:
State:
ZIP:
SUBMITTAL REQUIREMENTS (refer to application for additional requirements)
24 Copies of the following:
(0 1 additional set if located in the Bayshore/Gateway Triangle Redevelopment Area)
; Completed Collier County Public Hearing Application
Pre-application Meeting Notes
Site Plan 24"X 36" and One 8 1/2 X 11" copy, and one jpg copy (from DRI Development Order)
IXJ Completed State NOPC Form with all attachments
2 Copies of the following:
o Legal Description
o List identifying Owner & all parties of corporation
o Owner/Agent Affidavit signed & notarized
bll Completed Addressing Checklist
gr Copies of Notices sent to DCA and RPC
4 Copies of the following:
o Environmental Impact Statement (EIS) or waiver
o Survey, signed & sealed
EiL Seven (7) Traffic Impact Statement (TIS) or waiver
o Five (5) copies of Recent Aerial Photograph min scaled 1" = 400'
DOne (1) Electronic copy of all documents in Word format (CD-ROM or Diskette)
FEES:
8
lSi
o
Application Fee:
$6,000 DRI Development Order NOPC
$2,250.00 Comprehensive Planning Consistency Review
$150.00 Fire Review Fee
$500,00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre-app
meeting shall not be credited towards application fees and a new pre-application meeting will be
required.
[ij
~
$72~\OO
News).
$363.00
Agenda Item No. 8A
legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice frdlf#lf4'8p1~s :b1iltY
Page 1:39 of 160
legal Advertising Fee for BCC meeting
ev' e
Property Owner Notification fees. Property Owner Notifications $1.00 Non-certified; $3.00 Certified return
receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review)
[
Meeting Noles
Arlpn,.,,,, Itpm ~I" RA
March 13, 2007
Page 140 of 160
PMS, Inc. of Naples
Project Management Services
8. The following Transportation sufficiency review questions were inadvertently omitted
from the first DR! sufficiency review sent to the RPC. However, the petitioner's agent received a
copy of the questions on 12/22/05 and has been asked to respond.
The improvements that were outlined in the submitted traffic study need to be discussed
and reviewed with transportation staff. The intersections that are projected to operate at
an unacceptable LOS will need to be reviewed with staff to outline improvements and
additional project traffic.
Turn lane improvements discussed in the traffic statement provided should be define as
part of this application and included as language to the transportation section of the PUD
document.
The interconnection to the north was not analyzed in the traffic statement provided. In the
initial methodology meeting it was agreed that the interconnection would be reviewed as
part of this application.
The applicant has agreed to donate $50,000 towards the lighting improvements on Naples
Blvd. This language should be added to the PUD and the DR! DO/Resolution.
The improvements that were outlined in the submitted traffic study need to be discussed
and reviewed with transportation staff. The intersections that are projected to operate at
an unacceptable LOS will need to be reviewed with staff to outline improvements and
additional project traffic. Driveway analysis on Naples Blvd should be conducted to
review optimal on site interconnection and potential signal location.
The transportation language should be updated to reflect current conditions. The
developer has agreed to purchase and install permanent count stations in lieu of traffic
counts. The appropriate language should be added,
Response to all Transportation comments: The Traffic Statement has been revised to
reflect transportations requests. The PUD document has also been revised per staffs
comments. However, the applicant has not agreed to donate $50,000 towards the lighting
improvements on Naples Blvd, therefore this language has not been added.
2335 Tamiami Trail N" Suite 408, Naples, FL 341 03 1 (239) 435-9080 ,,61 Fax 435-9082/Email: jennifercastillo@pmsnaples.com
COLLIER COUNTY GOVERNMENT ...
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW c:i).... ilIIfIl. ..'...
VlWW.COlLlERGOV.NET .9:".
10':'" :
Agenda Item No. 8A
March 13. 2007
2800 NORTH HORSESHOE DRtW 141 of 160
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
PRE-APPLlCA nON MEETING NOTES
DOA-2005-AR-8543
PROJECT #19990038
DATE: 11/1/05
MICHAEL BOSI
r
DRI Developmenl Order Amendment
Date: ')-~t,. OS
PROJECT NAME:
I""\'.J 0
Time: pi.
y.,...., A"
Firm:
f t"V\ S
A 1\0\ t ,.J.. "'" t V\ r
L"'ltu
Applicant Name:
Owner Name:
t(......L_ \1'ISI...)(
Phone:
Phone:
Owner Address:
City:
State:
ZIP:
State Development Order Number:
Assigned Planner )1\; ("I. \\31-1
~eeti,ng Attendees: ((Jtia~h Sign,!ll ~he~f)
SUBMITTAL REQUIREMENTS (refer to application for additional requirements)
24 Copies of the following:
(0 1 additional set if located in the Bayshore/Gateway Triangle Redevelopment Area)
; Completed Collier County Public Hearing Application
Pre-application Meeting Notes
Site Pion 24"X 36" and One 8 V2 X 11" copy, and one jpg copy (from DRI Development Order)
~ Completed State NOPC Form with 011 attachments
2 Copies of the following:
D legal Description
o List identifying Owner & 011 parties of corporation
D Owner/Agent Affidavit signed & notarized
@ Completed Addressing Checklist
g Copies of Notices sent to DCA and RPC
4 Copies of the following:
o Environmental Impact Statement (EIS) or waiver
D Survey, signed & sealed
!S?l. Seven (7) Traffic Impact Statement (TIS) or waiver
D Five (5) copies of Recent Aerial Photograph min scaled 1" = 400'
DOne (1) Electronic copy of all documents in Word format (CD-ROM or Diskette)
FEES:
8
M
o
Application Fee:
$6,000 DRI Development Order NOPC
$2,250.00 Comprehensive Plenning Consistency Review
$150.00 Fire Review Fee
$500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre-app
meeting shall not be credited towards application fees and a new pre-application meeting will be
required.
Q
I
Agenda Item No. 8A
Legal Advertising Fee for eepe meeting (to be reconciled upon receipt of Invoice frc:MP~p1i>s ~~
Page 143 of 160
Legal Advertising Fee for Bee meeting
e e
Property Owner Notification fees. Property Owner Notifications $1.00 Non-certified; $3.00 Certifiecl return
receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review)
$72'.\00
News).
$363.00
J
. Meeting Notes.
1
PMS, Inc. of Naples
Project Management Services
\\Y'~
Agenda Item No. 8A
March 13. 2007
f
February 24, 2005
REV. 2
S W FL Regional Planning Council
Dan Trescott
1926 Victoria Ave
Ft. Myers, FL 33901
DOA-2005-AR-8543
PINE AIR LAKES POO (DRI-84-5)
PROJECf # 19990038
DATE: 7/21/06
KAY DESELEM
(COMPANION ITEM: POOZ-A-2005-AR-8550)
RE: Pine Air Lakes DRl
Dear Dan:
Pine Air Lakes bRI is a MiXed-Use C6inInercial/Retail project that lies within Collier
County Regional Activity Center No. 13, northwest of the Airport Road I Pine Ridge
Road intersection, and was originally approved in 1985 for 1,280,600 square feet A
revision to the DR! was approved in 1994 altering the square footage and specific uses. In
2004 an extension of the termination date build-out date from October 15, 2000 to
October 14, 2005 was approved.
Currently 370,240 square feet of office and commercial uses are completed and an
additional 160,396 square feet are either permitted or under construction and 82,225 is in
the permitting process, for a total of 612,861 in various stages of development. The
remaining 344,139 square feet of development rights as well as the requested additional
323,600 square feet will be phased over the next 5 years, with completion in late 2010.
We are submitting to you this preapplication conference summary to amend our DRl to
request the additional square footage. Please find the following per your request:
. Ten (10) Pre-application Summary's wI attachments
. Check for $2500.00
. Authorized agent letters
. Receipt & Review Fee Agreement
Please call us if you have any questions, or we can address them at the preapp meeting on
Monday, February 28th.
~~~
Vice President
2335 Tamiami Trail N., Suite 408, Naples, FL 34103/ (239) 435-9080 x6/ Fax 435-9082 /Email: jennifercastillo@pmsnaples.com
Pine Air Lakes DRI
Preapplication Conference Summary
Aaenda Item No. 8A
~ March13,2007
Page 145 of 160
FORM RPM_BSP _PREAPP INFO 1
STATE OF FLORIDA
DEPARTME"NI OF COMMUNITY AFFAIRS
DIVISION OF COMMUNITY PLANNING
BUREAU OF LOCAL PLANNING
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
850/488-4925
PREAPPLICA TION CONFERENCE DOCUMENT AND INFORMA nON
One of the initial steps in the development of regional impact (DRI) review process is the preapplication
conference. The preapplication conference is a meeting between various governmental agencies and
representatives of the developer that establishes the parameters of the Application for Development
Approval (ADA). Pursuant to Paragraph 380.06(7), Florida Statutes, and Rule 9J_2.021, Florida
Administrative Code, the information required to conduct the preapplication conference must be made
available to the participants in the conference at least ten working days prior to meeting. Note that the
following information lists the minimum information for a preapplication conference. The regional
planning council may have more stringent information requirements for a preapplication conference, and
council staff should be consulted prior to the preparation of a preapplication document.
Provide the following information about the proposed development.
A. General Information
l) Name of the development.
Pine Air Lakes
2) Name, address, and telephone number of the applicant.
Landon Group South
Jason Wagner, Vice President
800 Seagate Drive, Suite 302
Naples, FL 34103
Phone: 239.261.2995
Fax: 239.261.4278
3) Name, address, and telephone number of the authorized agent.
PMS, Inc. of Naples
Karen Bishop, President
2335 Tamiami Trail N., Suite 408
Naples, FL 34103
Phone: 239.435.9080 ext 3
Fax: 239.435.9082
AND
Pavese Law Firm
Neale Montgomery
1833 Hendry Street
Fort Myers, FL 33901
Phone: 239.334.2195
Fax: 239.332.2243
" \'
Agenda Item No. 8A
March 13, 2007
Page 146 of 160
Pine Air Lakes DR!
Pre application Conference Summary
B. Project Description
1) A general description of the project, including proposed land uses and amounts pursuant to the
guidelines and standards in Chapter 28-24, F .A.C. If a preliminary master plan has been
developed, please provide.
Pine Air Lakes DR! is a Mixed-Use Commercial/Retail project that lies within Collier
County Regional Activity Center No. 13, northwest of the Airport Road / Pine Ridge Road
intersection, and was originally approved in 1985 for 1,280,600 square feet. A revision to the
DR! was approved in 1994 altering the square footage and specific uses. In 2004 an extension
of the termination date build-out date from October 15,2000 to October 14,2005 was
approved.
Currently 370,240 square feet of office and commercial uses are completed. An additional
160,396 square feet are either permitted or under construction and 82,225 is in the permitting
process, for a total of 612,861 in various stages of development. All of the required water
management system is permitted through the SFWMD with approximately 80% of the total
water management system either completed or under construction and scheduled for
completion in late 2005.
See Attachment A, Master Site Plan.
See Attachment C, Activity Center Map
2) Proposed phasing of the project, including proposed preliminary phasing dates and build-out
dates.
Pine Air Lakes will be developed in a five-year phase as follows:
Phase
1
Years
2006-2010
Retail/Office
323,600
C. Site Information
1) Describe the existing land uses and vegetative associations. Provide an aerial photograph of the
site.
See Attachment B, Aerial Photograph
The existing land uses on the 149 acre approved site include a Mixed-Use
CommerciallRetail project that lies within Collier County Activity Center No. 13 and has
1.8 acres of upland/wetland preserve.
2) Provide a brief environmental assessment of the site, encompassing such topics as the probable
occurrence of wetlands and listed plant and animal species.
No rare or endangered plants or animals were found to inhabit the site. There is an
existing .4 ac wetland preserve is located at the south end of the site. This preserve will
not be impacted by this proposed modification.
3) Indicate which portions of the site, if any, are within the 100-year floodplain.
The subject property is not located within the 100 year floodplain.
4) Provide a letter from the Division of Historical Resources indicating if there are potentially
regionally significant historical or archaeological sites on the property.
Not Applicable. The Division of Historical Resources does not list cultural resources on the
property .
. ,
Aoenda Item No. 8A
- March 13, 2007
Page 147 of 160
Pine Air Lakes DRI
Preapplication Conference Summary
D. Impact Area Information
1) Provide a general location map. Indicate on this map adjacent land uses, the existence of public
facilities, regional activity centers, and any existing urban service area boundary. Also indicate on
this map any other lands owned or leased by the applicant within two miles.
See Attachment E, Location Map
See Attachment F, Surrounding Land Uses
See Attachment G, Public Facilities Map
2) Using a map, indicate the proximity of this site to regionally significant resources identified in the
Regional Policy Plan such as significant bodies of water, wetlands, or wildlife corridors.
There are no regionally significant resources identified in the Regional Policy Plan in the
proximity of Pine Air Lakes. Map is not applicable.
3) Provide a map of the proposed study area for Question 21 (Transportation) in the ADA. Indicate
the functional classification and number of lanes of all roadways in the study area except
residential streets.
See Attachment H, NW Transportation Concurrency Management Area Map
E. Permitting and Approval Information
1) Indicate if a comprehensive plan amendment will be required for this development.
No.
2) Provide a list of all permits already applied for or received, specifying the date of application,
issuing agency, and function of the permit.
SFWMD Permit 11-00715-S ERP
SFWMD Permit 11-00715- W Water Use
SFWMD Permit 11-02374-W Dewatering
F. Provide a summary of each of the proposed methodologies, assumptions, models, criteria, etc., that will
be used to answer ADA questions, particulary Question 12 (Vegetation and Wildlife) and Question 21
(Transportation). The methodologies, assumption, etc., should be specific enough so that once
agreement is reached among parties regarding these, everyone involved will have a clear understanding
of what will be provided in the ADA. The intent 0 this agreement is to streamline the review period
and decrease the number of insufficiency fmdings wherever possible. The regional planning council
should be consulted prior to the preapplication conference to explain the methodologies acceptable to
the region for ADA review.
Question 9 - Maps
All maps in the ADA will be provided at a scale of I" = 400'.
Weare requesting a waiver for maps C, E & G
Ouestion 10 - Part 1 & 2 Consistency with Comprehensive Plans
1) A. Describe and discuss in general terms all major elements of the
proposed development in its completed form. Include in this discussion the
proposed phases (or stages) of development (not to exceed five years),
.... ~,
Agenda Item No. 8A
March 13, 2007
Page 148 of 160
Pine Air Lakes DR!
Preapplication Conference Summary
magnitude in the appropriate units from Chapter 28-24, F.A.C., where applicable,
and expected beginning and completion dates for construction.
Pine Air Lakes DR! is a Mixed-Use CommerciallRetail project that lies within Collier County
Regional Activity Center No. 13, northwest of the Airport Road / Pine Ridge Road intersection, and
was originally approved in 1985 for 1,280,600 square feet. A revision to the DRI was approved in
1994 altering the square footage and specific uses. In 2004 an extension of the termination date build-
out date from October 15, 2000 to October 14,2005 was approved.
Currently 370,240 square feet of office and commercial uses are completed. An additional 160,396
square feet are either permitted or under construction and 82,225 is in the permitting process, for a
total of 612,861 in various stages of development. All of the required water management system is
permitted through the SFWMD with approximately 80% of the total water management system either
completed or under construction and scheduled for completion in late 2005. The remaining 344,139
square feet of development rights as well as the requested additional 323 ,600 square feet will be
phased over the next 5 years, with completion in late 2010.
B. Provide a breakdown of the existing and proposed land uses on the site for each phase of
development through completion of the project. The developed land uses should be those identified in
Section 380.0651, F.S. and Chapter 28-24, F.A.C. Use Level III of the Florida Land Use and Cover
Classification System: A Technical Report (September 1985), available from each regional planning
council. Refer to Maps D (Existing Land Use) and H (Master Plan). Use the fonnat below and treat each
land use category as mutually exclusive unless otherwise agreed to at the preapplication conference.
See attached Table 10-1
We have used the updated Florida Land Use, Cover and Forms Classification System handbook that was
published in January 1999.
Agenda Item No. SA
March 13, 2007
Page 149 of 160
Pine Air Lakes DR!
Preapplication Conference Summary
TABLE 10-1
Existinl! Land Uses
Approx
Acres
411 Open Space /BuffersfLakes
140 Road Rights-of-way
940 Preservation
820 Conunercial (707,000 approved)
394,698 sf constructed
710 Office (250,000 approved)
13,489 sf constructed
740 Disturbed Land
33.49
10.7
1.81
77.12
25.87
TOTAL
148.99
Final Land Uses
Commercial (707,000 approved)
33.49
10.7
1.81
77.12
411
140
940
820
Open Space tBufferslLakes
Road Rights-of-way
Preservation
710
Office 250,000 approved
25.87
TOTAL
148.99
Agenda Item No. 8A
March 13, 2007
Page 150 of 160
Pine Air Lakes DR!
Preapplication Conference Summary
C. Briefly describe previous and existing activities on site. Identify any constraints or special planning
consideration that these previous activities have with respect to the proposed development.
This 148.99 +/- acre site was originally used for farming and landscape nursery activities. The parcel
has been cleared except for the wetland. Approximately 65% of the existing commercial development
rights have been constructed with all of the required water management permitted through the
SFWMD and approximately 80% of the total required water management system either completed or
under construction and scheduled for completion in late 2005. Naples Boulevard has been constructed
as a divided four-lane connecter road between Pine Ridge and Airport Roads. The road has a
signaled intersection at both Airport and Pine Ridge Road, each with double left turns in and out of
the property. Sewer and water lines have been extended through the property with sufficient capacity
to service all of the proposed development. A conservation easement has been established for the
remaining wetlands and the required buffers. All other major infrastructure elements such as
telephone, electrical service, cable and natural gas are in place with sufficient capacity to service all
of the proposed development.
D. If the development is proposed to contain a shopping center, describe the primary and secondary
trade area which the proposed shopping area will serve.
For the pre-application meeting, we estimate the following trade areas, subject to our consultant's
confirmation as we preceed in this process:
The Primary Trade Area will be the area generally bounded by Golden Gate Parkway to the South,
Vanderbilt Beach Road to the North, 1-75 to the East and Goodlette-Frank Road to the West.
The Secondary Trade Area will be the area generally bounded by US-41 to the South, Collier
Boulevard (CR-951) to the East, lmmokalee Road to the North and US-41 to the West.
E. Describe, in general terms, how the demand for this project was determined.
The demand for the project has been market driven. The initial phases of the development have been
well received by large national and regional tenants that purchased properties and constructed stores
such as Lowes, Costco, Regal Hollywood 20 Movie Theatres and Best Buy. Recent development has
been more local "infill" development that is seeking locations in close proximity to the established
retailers. This is evidenced by the Naples Boulevard Car Wash, smaller neighborhood-type
conventional shopping centers (2 currently in permitting), the TIB Bank of the Keys building (in
pennitting) and the Wild Oats anchored shopping center currently under construction.
Part 2 Consistency with the Comprehensive Plans
A. Demonstrate how the proposed project is consistent with the local comprehensive plan and land
development regulations. Indicate whether the proposed project win require an amendment to the adopted
local comprehensive plan, including the capital improvements element. If so, please describe the necessary
changes.
As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit
Development designation, this project is clearly consistent with local comprehensive plan and land
development regulations. The revision to this application will not require an amendment to the adopted
local comprehensive plan, including the capital improvements element.
Agenda item No. SA
March 13, 2007
Page 151 of 160
Pine Air Lakes DR!
Preapplication Conference Summary
B. Describe how the proposed development will meet goals and policies contained in the appropriate
Regional Comprehensive Policy Plan. .
As an existing vested Development of Regional Impact since 1985 with approved local Planned
Unit Development designation, this project is meets goals and policies contained in the Regional
Comprehensive Policy Plan. The revision to this application will continue to meet the goals and policies
and will be detailed with the ADA submittal.
C. Describe how the proposed development will meet goals and policies contained in the State
Comprehensive Plan (Chapter 187, F .S.), including, but not limited to, the goals addressing the following
issues: housing, water resources, natural systems and recreational1ands, land use, public facilities,
transportation, and agriculture.
As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit
Development designation, this project is meets goals and policies contained in the State Comprehensive
Plan (Chapter 187, F.S.) The revision to this application will continue to meet the goals and policies
addressing the following issues: housing, water resources, natural systems and recreational lands, land use,
public facilities, transportation, agriculture, and will be detailed with the ADA submittal.
Question 13 - Wetlands
A-I) There is 0.4 acres of wetlands on the property.
2) Hydroperiods and seasonal water elevations of on-site wetlands will be determined and
included in our ADA submittal.
3) All wetland on the subject property will be preserved. The proposed modification will
not alter the hydroperiod.
4) The on-site wetland is located within an existing conservation easement and has already
been enhanced. Additional enhancement is not proposed.
5) No wetland impacts are proposed as part of this modification.
6) No wetland impacts are proposed.
7) All wetland preserves are protected by an existing berm. This berm will be maintained to
protect the wetland.
8) Jurisdictional delineations were done during the original permitting. The wetland
preserves are now located in conservation easements.
B) No additional wetland enhancement is proposed.
Question 14 - Water
A) Generally both ground water and surface water flows around the subject flow from east to
west This has been altered in some areas by the canal located on the east side of Airport
Pulling Road. This canal intercepts flows from the east and directs them to the south.
The canal also provides an outfall for some lands to west including Pine Air Lakes.
The subject property is not located within a groundwater recharge area. Water bodies
located downstream of the subject property include the Airport Pulling Road Canal,
Golden Gate Canal, Gordon River and Naples Bay.
B) Water quality has been issued by virtue of our SFWMD permit. Changes made with this
amendment will not affect water quality.
C) The surface water management system will be designed to provide the required treatment
and attenuation prior to discharging off site.
Agenda Item No. 8A
March 13,2007
Page 152 of 160
Pine Air Lakes DR!
Preapplication Conference Summary
Ouestion 17 Water Supply
A-I) 1. The ADA response to question 17Al will address water supply.
2. The ADA response to question 17 Al, how the demand information was generated,
will be addressed.
B) The ADA response to question 17B, providing a breakdown of water supply, will be
addressed.
C) There are existing wells on site that are used for irrigation.
D) All proposed wells will be permitted. During the review process the impacts to other
wells will be analyzed. No impacts are anticipated.
Question 21 - Transnortation
The original DR! was approved in 1985, when an extensive analysis was prepared addressing
the transportation related impacts of this project. The original DR! was approved for 1,280,600
square feet for retail and office uses. A revision to the DR! was approved in 1994 altering the
square footage and specific uses. In 2004 an extension of the termination date build-out date from
October 15,2000 to October 14,2005 was approved.
The Developer has met the obligations in the original DR! Development Order with respect to off-
site roadway improvements. The project has developed with uses that differ in trip generation
characteristics that were previously analyzed under the original DR! Transportation analysis. A
home improvement superstore (Lowe's), a member only warehouse (Costco) and a multi-screen
movie theater are the primary trip generators to date within the project. The peak hour trip
generation of these facilities is much lower than what was originally analyzed. It is the intent of
this Substantial Deviation to allow for the conversion of some of the office floor area to retail uses
and to pennit additional retail floor area while maintaining acceptable trip generation levels.
Traffic counts will be collected at all project access drives serving the project site as well as at
surrounding intersections within the Study area. A trip generation analysis will then be prepared
for the existing uses. The trips remaining (based on the 1994 analysis) will be allocated to retail
and office uses, which are anticipated to bring the total floor area permitted in the DR! to
approximately 1,280,600 square feet (all uses).
Recently approved retail uses within the DR! will also be included in the analysis (Sembler
project). The TIS for this project will be referenced for peak hour and daily trip generation.
The build-out year for the project will be assumed to be 2010.
The analysis will address Question 21 as required.
Question 24 - Housint!
The availability of adequate affordable housing will be assessed using the methodology
developed by the East Central Florida Regional Planning Council, as revised by June, 1999.
Agenda Item No. SA
March 13, 2007
Page 153 of 160
Pine Air Lakes DRl
Preapplication Conference Summary
G. Provide a list (or fonnal written request if required by the Regional Planning Council) of ADA
questions, which you wish to have deleted or exempted, Provide a discussion or explanation of why
you believe it is appropriate to delete from the ADA for your project.
The following ADA questions are not applicable to Pine Air Lakes:
Question 11- Revenue Generation Summary
Question 12 - Vegetation and Wildlife
Question 15 - Soils
Question 16 - Floodplains
Question 18 - Wastewater Management
Question 19 - Stormwater Management
Question 20 - Solid WasterlHazardous WastelMedical Waste (Developer will maintain standard
Conditions)
Question 22 - Air
Question 23 - Hurricane Preparedness
Question 25 - Police and Fire Protection
Question 26 - Recreation and Open Space
Question 27 - Education
Question 28 - Healthcare
Question 29 - Energy (Developer will maintain standard conditions)
Question 30 - Historical and Archaeological Sites
Question 31 - Airports
Question 32 - Attractions and Recreation Facilities
Question 33 - Hospitals
Question 34 - Industrial Plants and Industrial Parks
Question 35 - Mining Operations
Question 36 - Petroleum Storage Facilities
Question 37 - Port and Marina Facilities
Question 38 - Schools
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Agenda Item No. 88
March 13, 2007
Page 1 of 65
,-'
SUPPLEMENTAL
EXECUTIVE SUMMARY
PUDZ-A-2005-AR-8550: Airport Road Limited Partnership, represented by Karen Bishop, of PMS
Inc., of Naples and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an
amendment of the Pine Air Lakes Planned Unit Development (PUD), to allow an increase in the
maximum development area of 957,000 square footage (further limited to 707,000 square feet of
retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further
limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the
buildout date from October 15, 2005 to October 15, 2010. The subject 148.99 acre site is located
along the west side of Airport-Pulling Road CR 31), parallel to and approximately 1,600 feet north
of Pine Ridge Road (CR 896); and along both sides of Naples Boulevard, in Section 11, Township 49
South, Range 25 East, Collier County, Florida. (Companion to Petition DOA-2005-AR-8543).
PROJECT STATUS:
The Board of County Commissioners (BCe) originally heard this petition on January 23, 2007. The
Executive Summary that was prepared for that hearing has been included in the information provided for
this hearing.
During the January 23, 2007 hearing, the Bce voted to continue this petition to the March 13, 2007
Board meeting to allow the applicant's agent an opportunity to gather more information to address this
project's traffic impacts.
,,-
SUPPLEMENTAL ANALYSIS:
The petitioner's agent has not provided staff with additional information or a modified stance regarding
the traffic issue at this time. The petitioner's agent has indicated that he is continuing to work with
Transportation Planning Department staff; thus Zoning staff cannot provide any supplemental analysis at
this time. The petitioner's agent has indicated that he will provide any additional information during his
presentation at the March 13,2007 Board hearing,
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
---
Pine Air Lakes. PUDZ-A-2005-AR-8550
BCC March 13.2007
Page 1 of 1
Item Number:
Item Summary:
Meeting Date:
Agenda 11em No. 8B
March 13. 2007
Page 2 of 65
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
88
Tnis Item was continued from the January 23, 2007 Bee meeting This Item requires that all
participants be slIvorn In and ex parte dlsclosur'e be provided by Commission members
PUDZ-A-2005-AF-8550:Alrport Road Limited Partnership represented by Karen BiShop, of
PMS Inc.. of Naples and Richard Yovano\llch. of Goodlette_ Coleman and Johnson,
requesting an amendment of the Pine Air Lakes Planned Unit Development (PUD) last
revised in Ordinance No 94-25, to allow an increase in the maximum development area of
957.000 square footage (furtner limited to 707.000 square feet of retal! and 250,000 square
feet of office), to a maXimum total of 1,075,000 square feet (furnlSr limited to 1,000000
square feet of retail space and 75,000 square- feet of office use): extend the bUlldout date
from October 15 2005 to October 15, 20~IO, it18 subJect 148.99 acres, IS located along the
west side of AlrpOri-Pufilng Road (CR 31), parallel tc and approxlrnatel)l1 .600 feet north of
Pine Ridge Road (CR 896), and along both Sides of Naples Boulevard, In Section 11
Township 49 South. Range 25 East Collier COUllty, Florida. (Companion to PetitIOn
DRIDOA-2005-AR -8543)
31131200790000 AM
Pnncipal Planner
Date
Prepared By
Kay Deselem, A1CP
Community Development &
Environmental Services
Zoni ng & Land Development Review
12121120067:31 :36 AM
Approved By
Date
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
212312007 4:01 PM
Approved By
Chief Planner
Date
Ray Bellows
Community Development &
Environmental ServIces
Zoning & Land Development Review
212612007 3:03 PM
Approved By
Zoning & Land Development DirectOr
Date
Susan Murray, AICP
Community Development &
Environmenta! Services
Zoning & Land Development Review
212712007 11 :06 AM
Approved By
Date
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Deveiopment &
Environmental Services Admin.
212812007 8:25 AM
Approved By
Transportation Planning Director
Date
Donald L. Scott
Transportation Services
Transportation Planning
2f2812007 9:00 AM
Approved By
Transportation Division Admimstrator
Date
Norm E. Feder, A1CP
transportation Services
Transportation Services Admin.
311120072:53 PM
Approved By
Date
Marjorie M. Student-Stirling Assistant County Attorney
311120074:25 PM
Approved By
County Attorney County Attomey Office
Joseph K. Schmitt
Community Development &
Environmental Sendces
CommunIty Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin
3/2120U7 10: 11 AM
AdminIstrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
312f2007 4:09 PM
Budget Analyst
Date
Approved By
Mark Isackson
County Manager's Office
Office of Management & Budget
31212007 4:49 PM
Approved By
Agenda Item No. 88
March 13.2007
Page 3 of 65
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3151200710:59 AM
Agenda Item No. 88
March 13, 2007
Page 4 of 65
EXECUTIVE SUMMARY
PUDZ-A-2005-AR-8550 Airport Road Limited Partnership, represented by Karen Bishop,
of PMS Inc., of Naples and Richard Yovanovich, of Goodlette, Coleman and Johnson,
requesting an amendment of the Pine Air Lakes Planned Unit Development (PUD), to allow
an increase in the maximum development area of 957,000 square footage (further limited to
707,000 square feet of retail and 250,000 square feet of office), to a maximum total of
1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000
square feet of office use); extend the buildout date from October 15, 2005 to October 15,
2010. The subject 148.99 acre site is located along the west side of Airport-Pulling Road
CR 31), parallel to and approximately 1,600 feet north of Pine Ridge Road (CR 896); and
along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East,
Collier County, Florida. (Companion to Petition DOA-2005-AR-8543).
OBJECTIVE:
To have the Board of County Commissioners (BCe) 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.
CONSIDERA TIONS:
The petitioner is seeking to amend an amendment of the Pine Air Lakes Planned Unit
Development (PUD) last revised in Ordinance No. 94-25, to allow an increase in the maximum
development area of 957,000 square footage (further limited to 707,000 square feet of retail and
250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to
1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout
date from October 15, 2005 to October 15,2010. The subject property is also a Development of
Regional Impact (DRI) and is subject to the requirements contained in the DRI Development
Order which is being amended in a companion request.
FISCAL IMPACT:
The PUD amendment, 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 PUD amendment is approved, a portion of the existing land will be developed
and the new development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees co!!ected prior to issuance of a building
Pine Air Lakes PUD, PUDZ-2005-AR-8550
Executive Summary for January 23, 2007 BCC
Page 1 of 6
i\genda Item No. 88
March 13, 2007
Page 5 of 65
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by applying ad
valorem tax rates to applicable properties, and that revenue is directly related to the value of
improvements.
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 (FLUE): The subject property is designated (Urban - Mixed Use
District, Urban Residential Subdistrict, and Urban Commercial District, Mixed Use Activity
Center Subdistrict) on the Future Land Use Map (FLUM). Relevant to this petition, the Mixed
Use Activity Center Subdistrict permits a full array of commercial uses, residential uses,
institutional uses, hotel/motel uses at a density consistent with the Land Development Code.
Pine Air Lakes is an existing mixed-use commercial/retail project located within Activity Center
#13. Activity Centers permit a full array of commercial uses, residential uses, institutional uses
and hotel/motel uses at a density consistent with the Land Development Code.
The Board of County Commissioners (BCC) approved Development Order 85-5, which
approved the DRI known as Pine Air Lakes on November 12, 1985 for 1,280,600 square feet of
commercial floor area. The Southwest Regional Planning Council appealed the Development
Order and the appeal was settled by the BCC adopting Resolution 86-63 on April 15, 1986. A
revision to the DRI was approved in May of 1994 pursuant to Ordinance 94-25 changing the
square footage from 1,280,600 to 957,000 square feet of floor area comprising 707,000 square
feet of retail uses and 250,000 square feet of office uses. The original approval and subsequent
amendments were found to be consistent with the 1989 Gwwth Management Plan, as amended.
The applicant employed the firm of Metro Transportation Group, Inc., to conduct a Substantial
Deviation Analysis for a Development of Regional Impact Study. The study maintains that the
market in Collier County will most likely not support the development of 250,000 square feet of
office space. Therefore the developer is seeking to increase the retail floor area and decrease the
office floor area as shown in the following chart.
Land Use Originally Currently Proposed Developedl
Approved Approved Approved
Retail 707,000 707,000 1,000,000 561,202
Office 368,000 250,000 75,000 13,499
Hotelll nstitutional 205,000 0 0 0
Total 1,280,600 957,000 1,075,000. 574,701
(Measurements are provided in square feet)
In addition, a Fiscal and Economic Impacts of the Pine Air Lakes DRI Substantial Deviation on
Collier County was prepared by the firm of Fishkind & Associates, Inc., and submitted as part of
the Development Order Amendment to the Pine Air Lakes DR!. Pursuant to the study the fiscal
impacts that the proposed change will have on Collier County are as follows:
Pine Air Lakes PUD, PUDZ-2005-AR-8550
Executive Summary for January 23, 2007 BCC
Page 2 of 6
Agenda Item No. 88
March 13, 2007
Page 6 of 65
The project pays for itself in terms of fiscal impact to the County and has a positive fiscal impact
for the School District as shown in Table 1 below. The total net fiscal impact to the County is
$3,922,544. The net present value of the fiscal impact on the County is $2,660,517. The
positive net present value demonstrates that this development pays for itself in terms of impact to
the County. For the School District, the project provides a net present value capital benefit of
$32.2 million.
Collier County, Net Total Fiscal Impact $3,922,544
Collier County, Net Present Value NPV) of Total Fiscal Impact $2,660,517
Total Ad Valorem Revenue for Collier County $1,947,717
Collier County School District, NPV of Capital Impact $537,884
Average Annual Economic Output in Local Economy at buildout $197,126,731
Average Annual Economic Output in Local Economy during Construction $128,813,361
Total Direct and Indirect Employment Impacts at buildout $6,784
In order to promote smart growth policies, and adhere to the existing development character of
Collier County, the following policies shall be implemented for new development and
redevelopment projects, where applicable. (Comprehensive Planning staffs comments are
shown in parenthetically italics.)
Policy 7.1: The County shall encourage developers and property owners to connect their
properties to fronting collector and arterial roads, except where no such connection can be made
without violating intersection spacing requirements of the Land Development Code. (Provided
for in Section L 1.07, E.)
Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help
reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic
signals. (Providedfor in Section VIL 7.13, E.)
Policy 7.3: All new and existing developments shall be encouraged to connect their local streets
and their interconnection point with adjoining neighborhoods or other developments regardless
of land use type. (Provided for in Section VIL 7.13 K.)
Staff therefore believes this project is consistent with relevant requirements of the GMP FLUE
and the GMP FLUM.
Transportation Element: The proposed change in use (office to retail) and additional intensity
adds approximately 10 percent more project trips to the adjacent roadway network than currently
approved. Staff has evaluated the impacts associated with the increase with respect to
consistency with Transportation Element Policies 5.1 and 5.2. The project access points are from
Airport Road and Pine Ridge Road via Naples Boulevard. Airport Road has seen a 15 percent
reduction in trips since the completion of Livingston Road. Pine Ridge Road was evaluated with
the conservative assumption of a 10 percent reduction in trips anticipated with the completion of
the Golden Gate interchange. The project can be found consistent with respect to Policies 5.1 and
5.2. Staff has also evaluated the operational impacts that may be associated with the existing and
proposed change. We recommend that the following mitigation strategies are incorporated if the
project is approved; 1) the project interconnects with the industrial park to the north. 2) An
additional eastbound to northbound left turn lane is added on Naples Boulevard at Airport Road.
Pine Air Lakes PUD, PUDZ-2005-AR-8550
Executive Summary for January 23, 2007 BCC
Page 3 of 6
Agenda Item No. 8B
March 13, 2007
Page 7 of 65
3) The eXIstmg dual northbound to westbound dual left turn lanes on Airport Road are
maximized. 4) Four permanent count stations are installed. 5) Two additional intersections on
Airport Road are fitted with the SCOOT system. 6) A signal warrant study is conducted on
Naples Boulevard at the intersection located opposite the movie theater and the proposed
interconnection road. Upon meeting warrants, a signal should be installed.
GMP Conclusion: The Growth Management Plan is the prevailing document to support land
use decisions such as this proposed amendment. Staff is required to make a recommendation
regarding a finding of consistency or inconsistency with the overall GMP as part of the
recommendation for approval, approval with conditions, or denial of any rezoning petition. A
finding of consistency with the FLUE and FLUM designations is a portion of the overall finding
that is required, and staff believes the petition is consistent with the FLUM and the FLUE as
indicated previously in the GMP discussion. The proposed rezone is also consistent with GMP
Transportation Element Policy 5.1 as previously discussed. Based upon the above analysis, staff
concludes the proposed uses and density may be deemed consistent with the goals, objectives
and policies of the overall GMP.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and the PUD document to address any
environmental concerns. The Environmental Advisory Council did not review this petition
because the proposed changes do not have any impact on environmental issues.
TRANSPORTATION ISSUES:
Transportation Review: Transportation Planning Department staff has reviewed the petition
and the PUD document and Master Plan that accompanies the request. The project access points
are from Airport Road and Pine Ridge Road via Naples Boulevard. Airport Road has seen a 15
percent reduction in trips since the completion of Livingston Road. Pine Ridge Road was
evaluated with the conservative assumption of a 10 percent reduction in trips anticipated with the
completion of the Golden Gate interchange. Transportation Planning Department staff has
evaluated the operational impacts that may be associated with the existing and proposed change.
We recommend that the following mitigation strategies are incorporated if the project is
approved; 1) the project interconnects with the industrial park to the north. 2) An additional
eastbound to northbound left turn lane is added on Naples Boulevard at Airport Road. 3) The
existing dual northbound to westbound dual left tUl11 lanes on Airport Road are maximized. 4)
Four permanent count stations are installed. 5) Two additional intersections on Airport Road are
fitted with the SCOOT system. 6) A signal warrant study is conducted on Naples Boulevard at
the intersection located opposite the movie theater and the proposed interconnection road. Upon
meeting warrants, a signal should be installed.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard the petition on December 21, 2006.
Commissioner Tuff made a motion to approve the petition with staffs recommendation (to
include the denial of Deviation 1) and the stipulations added by Commissioner Strain.
Commissioner Adelstein seconded the motion. The CCPC voted 4 to 4 on Lhe motion Lhus there
is no recommendation from the CCPC to the Board. Those commissioners who voted against the
Pine Air Lakes PUD, PUDZ-2005-AR-8550
Executive Summary for January 23, 2007 BCC
Page 4 of 6
Agenda Item No. 88
March 13, 2007
Page 8 of 65
motion indicated that they had concerns about the project's intensification, perceived additional
traffic congestion, and the loss of perceived necessary office space. Those commissioners voting
in support of the motion took the opposite stance, noting that the traffic situation would be
improved and office uses were not more desirable at this location. Commissioner Strain's
stipulations are as follows:
1. The remainder of the project's development shall be phased. The first phase
shall contain a maximum of 805,000 square feet of floor area. No certificates of
occupancy shall be issued for any remaining square footage until the following
roadway improvements are fully operational (The PUD document and the DR!
development order set forth the exact requirement language):
The developer shall extend the north bound left turn lane from Airport Road
into Naples Boulevard stacking lane in compliance with the requirements set
forth by the Transportation Division and said improvements shall be completed
and operational within one year of this PUD Amendment and Development
Order amendment approval.
The developer shall construct the additional east bound lane on Naples Blvd.
heading north onto Airport Road within two years of this PUD Amendment and
Development Order amendment approval.
2. The developer shall correct the open space number discrepancy on the master plan.
(This revision will be made in conjunction with any other changes that may be directed by the
BCC if a recommendation of approval is forthcoming.)
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. The legal
considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 of the
LDC. These evaluations are completed as separate documents that were incorporated into the
staffreport. A summary of the legal considerations and findings recommended by staff are noted
below:
Whether the proposed change will be consistent with the goals, objectives, and policies of
the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the
Growth Management Plan (GMP).
Pro: County staff has reviewed this petition and has offered an in-depth analysis (see
staff report) of the relevant goals, objectives and policies of the Conservation & Coastal
Management Element, the Future Land Use Element and the Transportation Element of
the GMP offering a recommendation that this petition be found consistent with the
overall GMP.
Con: None.
Pine Air Lakes PUD, PUDZ-2005-AR-8550
Executive Summary for January 23, 2007 BCe
Page 5 of 6
Agenda Item No. 88
March 13, 2007
Page 9 of 65
Findings: Based upon staffs review, the proposed development is in compliance with
the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for
Collier County and all other relevant goals, objectives and policies of the GMP.
The existing land use pattern.
Pro: The location and zoning map that is attached to the staff report show the site size or
configuration of the parcel do not change.
Con: The petitioner's may be viewed by the surrounding property owners as an intrusion
into their neighborhood.
Finding: Staff believes the petitioner's commitments to participate in roadway
improvements will offset any negative impacts upon the surrounding property owners.
Whether changed or changing conditions make the passage of the proposed land use
change necessary.
Pro: The proposed change is not necessary, per se; it is being requested in compliance
with the LDC allowances to seek such changes.
Con: The subject tract could be developed without this amendment adding square
footage. It is the petitioner's choice to seek the proposed action.
Findings: The proposed zoning change is appropriate based on the existing conditions of
the property and because its relationship to the FLUE (Future Land Use Element of the
GMP) is positive.
Whether the proposed change will adversely influence living conditions in the
neighborhood.
Pro: The County's current land use policies in the FLUE support the proposed action or
at the proposed use is not contrary to the current land use policies.
Con: The perceived higher intensity may not coincide with the nearby property owners'
perception of the area's potential development.
Findings: The proposed change should not adversely influence living conditions in the
neighborhood because the recommended new transportation improvements and other
conditions already contained in the PUD document and the DRI Development should
ensure the least amount of adverse impact on adjacent and nearby developments.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2005-
AR-8550, except Deviation 1 shall be denied.
PREPARED BY:
Kay Deselem, AICP, Principal Pla..Tmer
Department of Zoning and Land Development Review
Pine Air Lakes PUD, PUDZ-2005-AR-8550
Executive Summary for January 23, 2007 BCC
Page 6 of 6
Agenda Item No. 88
March 13, 2007
Page 10 of 65
Co~T County
- '-~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: DECEMBER 12,2006
SUBJECT:
PUDZ-A-2005-AR-8550: AIRPORT ROAD LIMITED PARTNERSHIP, FOR
PINE AIR LAKES PUD (COMPANION TO DOA-2005-AR-8543)
APPLICANT:
Mr. Jason Wagner, Vice President
Airport Road Limited Partnership
800 Seagate Drive, Suite 302
Naples, F134103
AGENTS:
Ms. Karen Bishop
PMS of Naples, Inc.
2335 Tamiami Trail N, # 408
Naples, FL 34103
Mr. Richard D. Y ovanovich, esquire
Goodlette, Coleman, & Johnson, P.A.
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commissioner (CCPC) consider an
amendment to the PUD zoning that was granted on November 12, 1985, and amended several
times in Ordinances 85-67a, 85-67b, 92-1 a, 92-1b, 94-25 and 01-44. The subject property is also
a Development of Regional Impact (DRI) and is subject to the requirements contained in the DRI
Development Order which is being amended in a companion request.
GEOGRAPHIC LOCATION:
The subject 148.99 acres, is located along the west side of Airport-Pulling Road, parallel to and
approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard,
in Section 11, Township 49 South, Range 25 East, Collier County, Florida. (see location map on
the following page).
Pine Air Lakes PUD. PUDZ-A-2005-AR-8550
December 21, 2006 eepe
Page 1 of 8
i\qenda Item No. 88
- March 13, 2007
Page 11 of 65
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner is seeking an amendment of the Pine Air Lakes Planned Unit Development (PUD)
last revised in Ordinance No. 94-25, to allow an increase in the maximum development area of
957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet
of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet
ofretail space and 75,000 square feet of office use); extend the buildout date from October 15,
2005 to October 15, 2010.
SURROUNDING LAND USE AND ZONING:
North: a car dealership, zone C-4 and various industrial uses on platted lots with an Industrial
zoning classification
East: Airport-Pulling Road, then a canal, then residential uses within Tall Pines subdivision,
with a zoning designation ofRSF-3 residential lots
South: Various commercial uses with frontage on Pine Ridge Road or Airport-Pulling road or
both, with a zoning designation of C-5
West: Industrial uses along Lee Ann Lane and Yahl Street
AERIAL MAP
Pine Air Lakes PUD, PUDZ-A-2005-AR-8550
December 21, 2006 CCPC
Page 2 of 8
Agenda Item No. 8B
March 13, 2007
Page 12 of 65
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated (Urban - Mixed Use
District, Urban Residential Subdistrict, and Urban Commercial District, Mixed Use Activity
Center Subdistrict) on the Future Land Use Map (FLUM). Relevant to this petition, the Mixed
Use Activity Center Subdistrict permits a full array of commercial uses, residential uses,
institutional uses, hotel/motel uses at a density consistent with the Land Development Code.
Pine Air Lakes is an existing mixed-use commercial/retail project located within Activity Center
#13. Activity Centers permit a full array of commercial uses, residential uses, institutional uses
and hotel/motel uses at a density consistent with the Land Development Code.
The Board of County Commissioners (BCC) approved Development Order 85-5, which
approved the DRI known as Pine Air Lakes on November 12, 1985 for 1,280,600 square feet of
commercial floor area. The Southwest Regional Planning Council appealed the Development
Order and the appeal was settled by the BCC adopting Resolution 86-63 on April 15, 1986. A
revision to the DRI was approved in May of 1994 pursuant to Ordinance 94-25 changing the
square footage from 1,280,600 to 957,000 square feet of floor area comprising 707,000 square
feet of retail uses and 250,000 square feet of office uses. The original approval and subsequent
amendments were found to be consistent with the 1989, Growth Management Plan, as amended.
The applicant employed the frrm of Metro Transportation Group, Inc., to conduct a Substantial
Deviation Analysis for a Development of Regional Impact Study. The study maintains that the
market in Collier County will most likely not support the development of 250,000 square feet of
office space. Therefore the developer is seeking to increase the retail floor area and decrease the
office floor area as shown in the following chart.
Land Use Originally Currently Proposed Developedl
Approved Approved Approved
Retail 707,000 707,000 1,000,000 561 ,202
Office 368,000 250,000 75,000 13,489
Hotel/Institutional 205,000 0 0 0
Total 1,280,600 957,000 1,075,000. 574,701
(Measurements are provided in square feet)
In addition, A Fiscal and Economic Impacts of the Pine Air Lakes DRI Substantial Deviation on
Collier County was prepared by the firm of Fishkind & Associates, Inc., and submitted as part of
the Development Order Amendment to the Pine Air Lakes DR!. Pursuant to the study the fiscal
impacts that the proposed change will have on Collier County are as follows:
The project pays for itself in terms of fiscal impact to the County and has a positive fiscal impact
for the School District as shown in Table I below. The total net fiscal impact to the County is
$3,922,544. The net present value of the fiscal impact on the County is $2,660,517. The
positive net present value demonstrates that this development pays for itself in terms of impact to
the County. For the School District, the project provides a net present value capital benefit of
$32.2 million.
Pine Air Lakes PUD, PUDZ-A-2005-AR-8550
December 21, 2006 CCPC
Page 3 of 8
Agenda Item No. 88
March 13, 2007
Page 13 of 65
Collier County, Net Total Fiscal Impact $3,922,544.
Collier County, Net Present Value NPV) of Total Fiscal Impact $2,660,517.
Total Ad Valorem Revenue for Collier County $1,947,717.
Collier County School District, NPV of Capital Impact $537,884.
Average Annual Economic Output in Local Economy at buildout $197,126,731.
Average Annual Economic Output in Local Economy during $128,813,361.
Construction
Total Direct and Indirect Employment Impacts at buildout $6,784.
In order to promote smart growth policies, and adhere to the existing development character of
Collier County, the following policies shall be implemented for new development and
redevelopment projects, where applicable. (Comprehensive Planning staffs comments are
shown in parenthetically italics.)
Policy 7.1: The County shall encourage developers and property owners to connect their
properties to fronting collector and arterial roads, except where no such connection can be made
without violating intersection spacing requirements of the Land Development Code. (Provided
for in Section 1, 1.07, B.)
Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help
reduce vehicle congestion on nearby collector and arterial roads and minimize the need for
traffic signals. (Provided for in Section VII, 7.13, B.)
Policy 7.3: All new and existing developments shall be encouraged to connect their local streets
and their interconnection point with adjoining neighborhoods or other developments regardless
of land use type. (Provided for in Section VII, 7. 13 K.)
Staff therefore believes this project is consistent with relevant requirements of the GMP FLUE
and the GMP FLUM.
Transportation Element: Transportation staff has reviewed this project based on the current
TIS guidelines and with respect to the Collier County Growth Management Plan Transportation
Element and has determined that the project is consistent with the Transportation Element if the
PUD document is amended to address the concerns raised regarding PUD Section 7.1.1. This
issue is discussed in detail in the analysis section of this report.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which
a favorable determination must be based. These criteria are specifically noted in Sections
10.02.13 and 1O.02.13.B.5 of the Land Development Code and required staff evaluation and
comment. The staff evaluation establishes a factual basis to support the recommendations of
staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for
their recommendation to the Board of County Commissioners (BCC), who in turn, use the
criteria to support their action on the rezoning request. These evaluations are completed as
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Pine Air Lakes PUD, PUDZ-A-2005-AR-8550
December 21, 2006 CCPC
Page 4 of 8
Agenda Item No. 88
March 13, 2007
Page 14 of 65
Environmental Review: Environmental Services staff has reviewed the petition and the PUD
document to address any environmental concerns. The Environmental Advisory Council did not
review this petition because the proposed changes do not have any impact on environmental
Issues.
Transportation Review: Transportation Planning staff has reviewed the petition and the PUD
document and Master Plan that accompanies the request, and is recommending approval of this
amendment subject to the stipulations in the PUD document, especially staffs wording of PUD
Section 7.1.1. The petitioner is not in agreement with staff wording and has proposed alternative
language. This issue is discussed in more detail in the Deviation Discussion of Zoning Staffs
reView
Zoning Review:
Relationship to Existing and 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 uses that would be permitted if the proposed zoning
action (PUD amendment) is approved, and to the requirements or limitations set forth in the
Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The list of uses is
not proposed to change, per se. The PUD was approved to allow both retail and office uses, and
that is still the case. The actual mix of how much of each type-retail and office-is what is
proposed to change. The uses were determined to be consistent with the GMP when the original
Pine Air Lakes rezoning was approved, and as part of that consistency finding, the uses were
deemed to be compatible with the land uses that have been developed or would be developed on
adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and
the Master Plan, the Pine Air Lakes PUD is already developed or developing with mostly retail
uses.
The surrounding area uses, consisting of either industrial or commercial uses, have co-existed
with this project as it has been developing with seemingly little problems; no changes are
proposed to the PUD document that would allow different development.
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. There are
no "new" land uses proposed in this petition; the intensity of the retail uses is proposed to
increase but a decrease in office uses is also proposed to offset any net increase in project
intensity. In reviewing the appropriateness of the requested intensity on the subject site, the
typical compatibility analysis would include a review of both the subject proposal and
surrounding properties as to allowed use intensity, development standards (building heights,
setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural
features, amount and type of open space and location, traffic generation/attraction, etc. The
Master Plan submitted for the PUD does not show project design detail. No buildings have been
shown on that plan. The Master Plan is not required to show design detail such as building
footprints. Staff does not believe the proposed amendment will affect the finding of
compatibility that was made when this PUD was originally approved.
Pine Air Lakes PUD, PUDZ-A-2005-AR-8550
December 21,2006 CCPC
Page 5 of 8
Agenda Item No. 88
March 13, 2007
Page 15 of 65
Deviation Discussion:
The petitioner is seeking one deviation from the requirements of the LDC for parking
requirements. The deviation is found in PUD document Section 7.14.1.
The petitioner proposes the following language for this section:
Tfnerever feasible, the Pine Air Lakes project shall interconnect with adjoining
neighborhoods or other developments regardless of land use type as described in
Policy 7.3 of the Future Land Use Element. However, any par~ing spaces lost due to
these interconnections shall not be required to be replaced. 171e Developer shall be
granted a deviation from the minimum parking requirements set forth in the LDC
equal to the lost parking spaces,
Transportation staff is concerned about this deviation as is zoning staff. Transportation planning
staff notes that there is an LDC amendment pending in the current cycle that if approved, will
revise LDC Section 4.04.01.E. The excerpt essentially states what transportation staff wants in
PUD document Section 7.14.1. The LDC amendment states:
During the development or redevelopment of commercial or residential projects and
all rezone petitions shared access and interconnection shall be required 'Kith in and to
the boundmy of the application under revie'K'. Should the shared access or
interconnection require the removal of existing parking spaces, the applicable
development v..ill not be required to mitigate for the parking spaces. 171e County
Manager or designee shall require the shared access and interconnection unless in
the professional judgment of the County ;A,,fanger or designee one of the follov.ing
criteria prohibits this requirement.
1. It is not physically or legally possible to provide the shared access or
interconnection,
2, The cost associated with the shared access or interconnection is unreasonable.
For this application unreasonable H'i!l be considered when the costs exceed the cost
of a typical local road section or is above 10% of the value of the improvements being
made to the development
3. The location of environmentally sensitive lands precludes it and mitigation is not
possible.
4. 17ze abutting use isfound to be incompatible 'Kith the existing or proposed use.
Staff is concerned about approving a "blanket" deviation such as this language proposes. Staff
cannot adequately provide any recommendation to the CCPC or to the BCC for such a deviation
because the extent of the deviation or the possible ramifications of approval are not known at this
time. The ultimate use of the parcels is not known, thus the amount of required parking for
which a deviation would be sought is not known. Staff cannot evaluate a deviation request
unless the petitioner provides a LDC citation stating the specific parking space requirement and
state what would be provided instead. Staff cannot evaluate the deviation's impacts upon the
public health, safety and welfare. Staff believes that if the petitioner wishes to pursue a parking
Pine Air Lakes PUD. PUDZ-A-2005-AR-8550
December 21, 2006 CCPC
Page 6 of 8
Agenda Item No. 88
March 13, 2007
Page 16 of 65
deviation beyond what is proposed in the LDC amendment, the deviation should be addressed in
another PUD amendment when specific information can be provided.
Transportation Planning and Zoning staff members have discussed this issue with the agents.
The petitioner's agents are not in agreement with staffs position, citing fear that either the LDC
amendment will not pass, or if it does, it may be in a different form, and/or the LDC could later
be amended to change the language. This petitioner would then be subject to something other
than what is proposed. Staff understands the petitioner's concern with the potentially changing
future regulations, but notes that staff has similar concerns with potentially significant but
unknown parking space provisions.
Zoning and Land Development Review staff has reviewed this deviation and recommends
DENIAL. finding that, in compliance with LDC Section 1O.02.13.A.3. the petitioner has not
demonstrated that "the element may be waived without a detrimental effect on the health. safety
and welfare of the community."
NEIGHBORHOOD INFORMATION MEETING (NIM):
The agent for the applicant held the required meeting at the Italian-American Club on January
31, 2006 at 6: 3 0 p.m. Six persons other than the developer's team and county staff attended.
Several in attendance identified themselves as surrounding business owners and employees. Of
those who spoke, the majority had concerns relative to traffic impacts and interconnection
possibilities. Mr. Richard Y ovanovich, acting agent for the property owners presented the overall
conceptual site plan. Ms. Karen Bishop, acting on behalf of the developer(s), responded that a
frontage road is to be constructed on both sides of Naples Boulevard, as well as possible
connection improvements from Corporation Boulevard and the Industrial Park. One person
objected to the request for increasing the total square footage of the current PUD, citing current
traffic congestion and the potential for increased hazardous driving conditions. (Synopsis
provided by Linda Bedtelyon, Community Planning Coordinator)
RECOMMENDATION:
Zoning and Land Development Review staff recommends that the Collier County Planning
Commission forward Petition PUD-Z-A-2005-AR-8550 to the Board of County Commissioners
with a recommendation that this amendment be deemed consistent with the GMP, and further
that the PUD amendment be approved, with the limitations contained in the PUD document and
subject to the amended DRI Development Order.
Pine Air Lakes PUD, PUDZ-A-2005-AR-8550
December 21, 2006 CCPC
Page 7 of 8
Aoenda Item No. 88
~ March 13, 2007
Page 17 of 65
PREPARED BY:
KAY DESELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
MARJORIE M. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
DATE
RAYMOND V. BELLOWS, MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
SUSAN M. ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the January 23,2007 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Exhibits:
A. Rezone Findings
B. PUD Findings
Pine Air Lakes PUD, PUDZ-A-2005-AR-8550
December 21, 2006 CCPC
Page 8 of 8
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Aaenda Item No. 88
~ March 13, 2007
Page 19 of 65
Exhibit A
REZONE FINDINGS
PETITION PU DZ-A-2005-AR-8550
Chapter 10.03.05.G of the Collier County Land Development Code (LDC) requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners 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 of
the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the
Growth Management Plan (GMP).
Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff
report) of the relevant goals, objectives and policies of the Conservation & Coastal
Management Element, the Future Land Use Element and the Transportation Element of the
GMP offering a recommendation that this petition be found consistent with the overall GMP.
Con: None.
Findings: Based upon staffs review, the proposed development is in compliance with the
Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County
and all other relevant goals, objectives and policies of the GMP.
2. The existing land use pattern.
Pro: The location and zoning map that is attached to the staff report show the site size or
configuration of the parcel do not change.
Con: The petitioner's may be viewed by the surrounding property owners as an intrusion into
their neighborhood.
Finding: Staff believes the petitioner's commitments to participate in roadway improvements
will offset any negative impacts upon the surrounding propeliy owners.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
Pro/Con: Evaluation not applicable.
Findings: The location and zoning map that is attached to the staff report show the site size or
configuration of the parcel do not change.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro/Con: Evaluation not applicable.
Findings: The district boundaries are logically drawn as previously noted.
Page 1 of 5
Agenda Item No. 8B
March 13, 2007
Page 20 of 65
5. Whether changed or changing conditions make the passage of the proposed land use
change necessary.
Pro: The proposed change is not necessary, per se; it is being requested in compliance with the
LDC allowances to seek such changes.
Con: The subject tract could be developed without this amendment adding square footage. It
is the petitioner's choice to seek the proposed action.
Findings: The proposed zoning change is appropriate based on the existing conditions of the
property and because its relationship to the FLUE (Future Land Use Element of the GMP) is
positive.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Pro: The County's current land use policies in the FLUE support the proposed action or at the
proposed use is not contrary to the current land use policies.
Con: The perceived higher intensity may not coincide with the nearby property owners'
perception of the area's potential development.
Findings: The proposed change should not adversely influence living conditions in the
neighborhood because the recommended new transportation improvements and other
conditions already contained in the PUD document and the DRI Development should ensure
the least amount of adverse impact on adjacent and nearby developments.
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 ofthe development, or otherwise affect public safety.
Pro: Development of the subject property is consistent with provisions of the Transportation
Element of the GMP, requiring neighborhood connection because the petitioner has agreed to
create provide interconnections. As noted above, the petitioner has agreed to participate in
roadway improvements to offset adverse effects the perceived increased traffic may cause;
therefore, approval of this project should not create types of traffic deemed incompatible with
surrounding land uses and it should not affect the public safety.
The GMP Transportation Element Policy that encourages interconnection to neighborhoods
provides a positive effect on public safety because interconnections conserve highway capacity
on collector and arterial roadways.
Con: As urban intensification occurs, surrounding property owners could perceive there will be
negative impacts.
EXHIBIT A
Rezone Findings
PUDZ-A-200S-AR-85S0
Page 2 of 5
Agenda Item No. 88
March 13, 2007
Page 21 of 65
Findings: Evaluation of this project took into account the requirement for consistency with the
Traffic Element of the GMP and the project was found consistent. Additionally, certain
transportation improvements are included in the PUD document.
8. Whether the proposed change will create a drainage problem.
Pro: Road improvements precipitated by this development and water management
improvements to accommodate site development are designed to accommodate the normal
drainage requirement and are already in place for the most part.
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.
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: None
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 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 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
EXHIBIT A
Rezone Findings
PU DZ-A- 2005-AR-8550
Page 3 of 5
Agenda Item No. 88
March 13, 2007
Page 22 of 65
plan approval process and/or subdivision process, gives reasonable assurance that a change in
zoning will not result in deterrence 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/Con: Evaluation not applicable.
Findings: The proposed development complies with the Growth Management Plan, a public
policy statement supporting Zoning actions when they are consistent with said Comprehensive
Plan. In light of this fact, the proposed change does not constitute a grant of special privilege.
Consistency with the FLUE is further determined to be a public welfare relationship because
actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
Pro: The petitioner could finish the development of the commercial PUD within the parameters
of the existing PUD document and the DRI Development Order allowance.
Con: None.
Findings: Any petition for a change in land use is reviewed for compliance with the GMP and
the LDC with the Board of County Commissioners ultimately ruling what uses and density or
intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding
through the proper channels to gamer that Board ruling.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
Pro: Staff believes this amendment request proposes changes that are within the scale of the
needs of the neighborhood and County.
Con: Nearby property owners may object to the perceived intensification because of concerns
about increased traffic congestion.
Findings: The proposed development complies with the Growth Management Plan, a policy
statement which has evaluated the scale, density and intensity of land uses deemed to be
acceptable throughout the urban designated areas of Collier County.
15. Whether it is impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
Pro/Con: Evaluation not applicable
EXHIBIT A
Rezone Findings
PUDZ-A-2005-AR-8550
Page 4 of 5
Agenda Item No. 88
March 13, 2007
Page 23 of 65
Findings: Because the petitioner is seeking to amend a particular PUD to add square footage to
an already approved and partially built project, this analysis is not germane in this petition.
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/Con: Evaluation not applicable due to existing development.
Findings: Any development of this site would require considerable site alteration with the
existing or the proposed zoning.
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 LDC regarding
Adequate Public Facilities.
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
EXHIBIT A
Rezone Findings
PUDZ-A-2005-AR-8550
Page 5 of 5
Exhibit B
PUD FINDINGS
PUDZ-A-2005-AR-8550
Agenda Item No. 8B
March 13, 2007
Page 24 of 65
Section 10.02.13.B.5 of the LDC 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.
Pro: The nearby area is developed with industrial or commercial uses and the petitioner
amendment would add additional retail square footage to the project. The existing portion of
the Pine Air Lakes PUD uses have existed in seeming harmony with the neighborhood and
staff does not anticipate that the amendment will change that situation. The petitioner will be
required to comply with all county regulations regarding drainage, sewer, water and other
utilities.
The petitioner has agreed to provide for any increased traffic impacts and address staff s
concerns about safety regarding the increased intensity in several ways as noted below:
The petitioner has agreed to provide an additional north bound right turn lane from Naples
Boulevard to Airport Road, within one year of the PUD Amendment and Development Order
Amendment approval if the county requests this improvement (PUD Section 7.14.E.3).
The petitioner has agreed to provide an additional one (1) foot sidewalk easement shall be
provided by the Developer within the twenty (20) foot buffer along the Airport Road
frontage, north of Naples Boulevard, at Collier County's request within one year of the PUD
Amendment and Development Order Amendment approval (PUD Section 7.14.G).
The developer has agreed to the following additional Transportation conditions (PUD
Sections 7.14 Q-S):
At the request of Collier County, a Collier Area Transit (CAT) bus stop with shelter
will be installed by the developer or at the discretion of Collier County a
designated park and ride location will be required in lieu of the shelter. The exact
location vvill be determined during site development plan review and 'Will be
constructed within one year of the PUD Amendment and Development Order
Amendment approval.
Developer shall contribute to Collier County's SCOOT program along Pine
Ridge Road to include two additional intersections in the amount not to exceed
$50,000.00. Contribution to Collier County shall be made within one year of the
PUD Amendment and Development Order Amendment approval.
In lieu of the annual traffic counts for the PUD monitoring requirements, the
developer agrees to make a payment to Collier County to install four permanent
count stations not to exceed a total of $40,000.00 as per LDC Section 10.02.13.
Payment to Collier County shall be made v.ithin one year of the PUD Amendment
and Development Order Amendment approval.
Page 1 of 3
Agenda Item No. 88
March 13. 2007
Page 25 of 65
The Developer agrees to coordinate the design and coordinate the construction of
the interconnection to the north into the industrial park with the owner of Naples
Dodge, as shown on exhibit "C", within one year of the request of Collier County
the Developer agrees to provide the appropriate easements.
Con: The additional retail square footage may be viewed as having a negative impact upon
transportati on.
Finding: The stipulations included in the PUD document adequately address the impacts
from the proposed amendment.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, 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.
Finding: Documents submitted with the original application provided evidence of unified
control. The PUD document makes appropriate provisions for continuing operation and
maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
Pro: County staff has reviewed this petition and has offered an analysis (see staff report) of
the relevant goals, objectives and policies of the GMP offering a recommendation that this
petition be found consistent with the overall GMP.
Con: Staffs analysis is subjective. Many of the goals, objective and policies do no have
quantative means to measure compliance. The GMP Transportation Element Policies 5.1 and
5.2 contain measurable components; however, FLUE Policy 5.4 does not. Compatibility is
more subjective.
Finding: Staff has recommended that the subject petition has been found consistent with the
goals, objectives and policies of the GMP as provided for in the adopting ordinance. Please
see the staff report for a more detailed discussion.
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/Con: Evaluation not applicable.
PUD FINDINGS
PUDZ-A-2005-AR-8550
EXHIBIT B
Page 2 of 3
Agenda Item No. 88
March 13,2007
Page 26 of 65
Finding: Staff analysis as contained in the staff report indicates that this petition is
compatible, both internally and externally, with the proposed uses and with the existing
surrounding uses.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro/Con: Evaluation not applicable.
Finding: The amount of open space set aside by this project is consistent with the provisions
ofthe Land Development Code.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Pro/Con: Evaluation not applicable.
Finding: Timing or sequence of development in light of concurrency requirements does not
appear to be a significant problem as part of the PUD amendment process, but the project's
development must be in compliance with applicable concurrency management regulations
when development approvals are sought.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro: The petitioner has agreed to several transportation conditions as explained above.
Con: The surrounding property owners may not perceive that adequate accommodations
have been made to address roadway impacts.
Finding: If "ability" implies supporting infrastructure such as wastewater disposal system,
potable water supplies, characteristics of the property relative to hazards, and capacity of
roads, then the subject property has the ability to support expansion based upon the
commitments made by the petitioner and the fact that adequate public facilities requirements
will be addressed when development approvals are sought.
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/Con: Evaluation not applicable.
Finding: This criterion essentially requires an evaluation of the extent to which development
standards and deviations proposed for this PUD depart from development standards that
would be required for the most similar conventional zoning district. The development
standards in this PUD are similar to those standards. The petitioner is not seeking any
deviations as part of the rezoning approval.
PUD FINDINGS
PUDZ-A-2005-AR-8550
EXHIBIT B
Page 3 of 3
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
~ Item No. 88
--'i\1tarch 13, 2007
Page 27 of 65
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
r,
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DA TE PROCESSED
ASSIGNED PLANNER
pUDZ-A-2005-AR-8550
PROJECT #19990038
DATE: 10/31/05
MICHAEL nos I
NAME OF APPLICANT(S) AIRPORT ROAD LIMITED PARTNERSHIP
ADDRESS 800 SEAGATE DR.. #302 _CITY NAPLES STATE FL ZIP 34103
TELEPHONE # 239-261-2995 CELL # FAX # 239-26' -4278
E-MAIL ADDRESS:
NAME OF AGENT RICHARD YOVANOVICH OF GOODLETTE COLEMAN AND JOHNSON
ADDRESS 4001 TAMIAMI TRAIL N., SUITE 300 CITY NAPLES STATE FL ZIP 34103
TELEPHONE # 239-435-3535 CELL # FAX # 239-435-12' 8
E-MAIL ADDRESS:RYOVANOVICH@GCJLAW.COM
E..
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. 88
March 13, 2007
Page 28 of 65
L>
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Complete the following for all Association(s) affiliated with this petition. Provide additional
sheels if necessary.
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
ST A TE
ZIP
NAME OF MASTER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION:
MAILING ADDRESS
CITY
ST A TE
ZIP
:..,.. ,!~~iqs~nt~.Qf.Jllt~i~st:t~fQ~lI!~tio.lii:!'~,!iH.1,('
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by Ihe entirety,
tenancy in common, or joint lenancy, list all parties with an ownership interest as
well as Ihe percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
Application For Public Hearing For PUD Rezone: 6/14/04
Agenda Item No. 88
March 13. 2007
Page 29 of 65
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
See exhibit
Percentage of Ownership
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address
Percentage of Ownership
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
Daniel Aronoff is President of Airport Rood, Inc"
A general partner of Airport Limited Partnership
Percentage of Ownership
100%
100%
Application For Public Hearing For PUD Rezone 6/14i{)4
Agenda Item No. 88
March 13, 2007
Page 30 of 65
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all
individuals or ofFicers, if a corporation, partnership, or trust.
Name and Address
g.
Date subject property acquired 0 leased D Term of lease
yrs.fmos.
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 dale of application, but prior to the date of the final public hearing,
it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
Application For Public Hearing For PUD Rezone 6/14/04
I' ,..
...............--PROPEJ{TM:LQCATIQN..._
Agenda Item No. 88
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'"
Detailed leeal description of the propertv covered bv tbe application: (If space is inadequate, attach
on separate page.) If request involves change to more than one zoning district, include separate legal
description for property involved in each district. Applicant shall submit four (4) copies of a recent survey
(completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-
application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning
the legal description, an engineer's certification or sealed survey may be required.
Section/T ownship/Range
11
I 495
I 25E
Lot:
Block:
Subdivision:
Plat Book Page #: Property I.D.#: 66760001723.6676000274.66760000369.
66760011027.66760011302.66760010345.66760010303.66760002120,66760001820.
66760002065
Metes & Bounds Description: See Attoched
Size of J)ropcrtv:
ft. X
ft. = Total Sq. Ft.
Acres 148.99
Adch'ess/I!:enerallocation ofsubiect property: West and contiguous to Airport Road. parallel to and
appl'ox. 1.600 feet north afPine Ridge Road: approx. 1.300 feet west. the boundary iogs south then west again
appJ'ox. 1,300 feet. parallel to Pine Ridge Rd.
PUD District (LDC 2.03.06): 0 Residential 0 Community Facilities
cg] Commercial 0 Industrial
1--::.:,.:
-. ...:: ~'d::ADJ:t\.CEN'f ZONiNG ANI) LAND'USE
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'J
Zoning Land use
N C-4 Naples Dodae
S Commercial Various Commercial
E ROW ,r Airport Road _1~fVl4Sh--)'Ui \
w ~mmm'CIaT V~ou.sLGm~
-- ..
Does the owner of the subject property own property contiguous to the subject properly? If so,
give complete legal description of entire contiguous properly. (If space is inadequate, attach on
separate page). m
Section/T ownship/Range
I
I
Lot:
Block:
Subdivision:
_0 _ _ I ... _..J.L
t"lar I)OOK_ rage 11-:
Property tD.#:
Applicatiml For Public Hearing For PUD Rezone 6/J4/04
Metes & Bounds Description:
Agenda Item No. 88
March 13, 2007
Page 32 of 65
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This application is requesting a rezone from the PUD
zoning district(s) to the
PUD
zoning district(s).
Present Use of the Property: Commercial and Retail Use
Proposed Use (or range of uses) of the property: Commercial and Retail Use. Originally in 1985 PIne Air
was approved for 1.280.600 square feet. A revision was approved in 1994 alterlna the square footaoes and
uses. We are requestinQ to increase the square footage by 323.600 square feet.
Original PUD Name: Pine Air lakes
Ordinance No.: Ord#94-25
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Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and
recommendation to the Planning Commission, and the Planning Commission's recommendation to the
Board of County Commissioners shall be based upon consideration of the appli~able 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 iLDC Section 10.02.13.8)
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.
Pine Air Lakes is an existing Mixed-Use commercial/retail project that lies within Collier County
ReglonClI Activity Center No.1 3. Access Is alonQ Naples Blvd. from Airport Road to Pine Ridge
Rood. These roadways have been turned over to the county and all of the required water
management system has been permitted throuQh SFWMD with opprox. 80% of the total water
manaQement system either completed or under construction.
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.
tUb
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan.
As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit
Development designation, this proiect is clearly consi1>~ent with local comprehensive plan and land
develQQment regulations. This proiect is located in Activitv Center No, 13 where uses are
suggested to be clustered. The property is located near al1el'ials and provides relief to the North
Airport Road. Since it is an approved PUD, it provides consistency with the LDC. The revision to
this application will not require an amendment to the adopted local comprehensive plan. including:
the capital improvements element.
Applic~tioll For Public Hearing For pun Rezone 6/14/04
Agenda Item No. 88
.' 4. The internal and external compatibility of proposed uses, which conditions may include March 13, 2007
restrictions on location of improvements, restrictions on design, and buffering and screenih~ge 33 of 65
requirements.
Since Pine Air 1s located in an Activity Center and Is surro\l!lQed by Commercial/Retail Uses it is
compatible with the surroundina areQ.,
5. The adequacy of usable open space areas in existence and as proposed to serve the development.
Approx. 33 acres is reserved for open space.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
This DRI was oriainally opproved in 1985 so faclllties were built around thls area.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The DRI for Pine AIr was originally approved for 1 ,,280.600 sauare feet. This application is
not requestlno anymore square footoge tl1en previously approved.
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.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many
communities have adopted such restrictions. You ma)' wish to contact the civic or property owners association
in the area for which this use is being requested in order to ascertain whether or not the request is affected
by existing deed restrictions.
Previous land use petitions on the subject property: To your knowledge, has a public hearing been held
on this property withIn the last year? r8J Yes 0 No 9/28/04
If so, what was the nature of that hearing? The DO expiration date was changed.
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has been made and
the application is assigned 0 petition processing number, The application will be considered "closed"
when the petitioner withdraws the application through written notice or ceases to supply necessary
information to continlle nroceso;inn or otherwise activelv nlJrsue the rezonina for a Deriod of six (6)
months. An application deemed "closed" will not receive further processing and an application
"closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-
opened by submitting a new application, repayment of all application fees and granting of a
determination of "sufficiency". Further review of the project will be subject to the then current code.
(LDC Section 10.03.05.Q.)
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. 88
March 13, 2007
5
No. of Copies
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THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET
Completed Application
Pre-Application Meeting Notes
Legible Conceptual Site Plan 24" X 36"
Conceptual Site Plan 8 Y2" X 11"
PUD Document and Master Plan
Check here If not required
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24" X 36" Master Plan
Warranty Deed or Contract for Sale
Owner/Agent Affidavit, signed & notarized
Environmental Impact Statement or waiver
Aerial Photos with Habitat Areas Identified
Utility Provisions Statement with Sketches
Traffic Impact Statement or waiver
Historical Surveyor waiver
Architectural Rendering of Proposed Structures
Boundary Survey, no more than 6 months 0Id(24" x36")
Copies of State and/or Federal Permits
Affordable Housing Density Bonus Agreement, if applicable
Electronic Copy of PUD Document & Plans
Copy of Letter notifying the U.S. Postal Service of project
Addressing Checklist
#< Olle additional copy rel/llired iffor AfJonlable HOllsing
Required Fees
As the authorized agent/applicant for this petition, I attest that all of the information indicated on
this checIdist is included in this submittal package. I understand that failul'e to include all
necessa bmittal information .may result in the delay of processing this petition.
I 0- IO--OS--
Date
Applicatioll For Public Hearing For PUD Rezone 6/14/04
Agenda Item No. 8B
March 13, 2007
Page 35 of 65
EXHIBIT A
PROPERTY OWNERS
Airport Road Limited Partnership
Sembler/Gaeta Naples Partnership #1, Ltd.
SW Florida Restaurant Holdings, LLC (Dairy Queen)
TIB Bank of the Keys
Best Buy
Clean Pursuit
Costco Wholesale Corporation
Lowes
Naples Plaza Limited Partnership
Realty Income Trust
Tompkins Foster, as Qualified Intermediatry for Bailes Family Limited Partnershop
Boulevard Shoppe, LLC
Pine Air Lakes Community Development District
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A p.{rcel or tne.t.ot hod lying in S~ctfon H. TO'Wnshftl .(9
So~th. Range 25 East, Collier County, florida, being'
described IS follows:
Co~nc1n9 It the Hortheest' corn~r of slid Section 11~
run S 60021147- ~ &10ng tht (1St l1n. of slid Scctfo~ 11 I
distance of 1318.86 feet; thence S 88041113- V 100.0~ feet
to the POINT' OF 6€GINHIHG And the ~sterly ri9ht-Q(-w(y lfne
of County Ro~d Uo.31i thence continue S aeo~7'lJ- W 2654.06
(eeti' thence S 01005'27" E 1316.71 feet; thence S 01005'18-*
E IJ16.78 feet; thence Ii 88051'31- E 1341.42 feet; thence
I{ 00016'58" W 329.45 feet. thence If 88050'5701 E lZ4S.82' feet
to the Westerly right-at-way line of Count)' Road Ho.Jlt .
thence Ii 00027'18" E 110ng said rf9~t-c{-way line 969.28
(eet; thence H 00027'40" E 110ng ~a1d right-of-way line
131B.80 feet to the .POHH OF 8EGIHNIHG: . .
Solid parcel or tract containfn9.148.g9acrc~, IOOre or tts~.
Subject to eas~ntsl restrictions and res~rvatlons of. record.
Bearings based on a bearing of H 00021'47" E on the rist
line of the NE~ of Section 11. Township ~9 South. R~nge 25
Elst, Collier County, Florida.
.
This description ~ets the Hfnfmlm Technical Sundards u ,
set forth by the Florida BOlrd of Land Surveyors, pursuant
to Chapter 412.027, florlda Statute$,
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Agenda Item No. 88 .
March 13. 2007
Page 37 of 65
We/I, Daniel J. Aronoff being first duly sworn, depose and say that we/I amlare the
owners of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application,
including the disclosure of interest information, all sketches, data, and other
supplementary matter attached to and made a part of this application, are honest
and true to the best of our knowledge and belief. Well understand that the
information requested on this application must be complete and accurate and that
the content of this form, whether computer generated or County printed shall not
be altered. Public hearings will not be advertised until this application is deemed
complete, and all required information has been submitted.
As property owner Well fur,er thorize Richard Yovanovich of Goodlette.
Coleman and Johnson to/act a our Imy representative in any matters regarding this
/
Petition. /
/
/
I
Signature of Property
Signature of Property Owner
Airport Road Limited Partnership
By: Airport Road, inc.
Its: General Partner
By: Daniel J. Aronoff
Its: President
Typed or Printed Name of Owner
Typed or Printed Name of Owner
Agenda Item No. 88
, t-, March 13. 2007
' The foregoing instrument was acknowledged before me this __LJJ:L day of Page 38 of 65
September, 2005, by Daniel J. Aronoff who is personally known to me or has
- -~~-...
produced ________________________as identification.
H [C.~l~
State of r10rida
County of tolller
O/:>..Io!LAk)])
~~_a~_fu~
(Signature of Notary Public - State of
RoI IDa)
H lC b-\-'( ~
-~.g:.l~nt:2L_~.:__~_~~~~
(Print, Type, or Stamp Commissioned
Name of Notary Public)
Kristine A. Mac Donald
Notary Public Oakland County
My Commission Explres on 10/13/2011
LEGAL DESCRIPTION
Agenda Item No. 88
March 13, 2007
Page 39 of 65
A ~rcel or ~rlc~.of lAnd lying in S(ction 11, Towns~lp (9
SO!lth, Ringe. ZS' (ut, Collh:r County, nodda, being
G!scrtbed IS foll~: .
Collr.'ot::nclnq It the I{orlh~isl corne.r of n IdSect ton 11,
run S OOO~1'(1' ~ .10n9 the (1St line of slid Scctlo~ 11 .
distance of 1318.86 (e~t~ th~ncc. S eeo~7'13' y IOO.O~ feet
to the. POI/fT Of tEGl1lll1HCi lnd the k<st.erly rlqht-of-w.y I tne
of County Reid Mo.31, thence continue S eeQ~7'13. V 2654.06
(eet;' thence S 01005'Z1" ( 1:116.71 feet; thence S 0100S'lS"
E 1316.78 (ee't; thence II MOSl' 31" ( 13n.<, fee to thence
K 00018'58" ~ 329.45 (eet; thence II asoSO'S7" E 12(5.52' feet
to the \JeHuly rlght-<d-wIY line o( County Ro.d Ko.:!1; .
thel'cC t( 00027'1S" (along uld rlgl)t-o{-wl,y line 989.28
fe~t: thence N 00027'~O' ( .10ng Slid rI9ht-o(~(y lIne
U1e.00 (eet to tile potH or 8E:GHCtlIl<G:
Slid plrcel or tnct conulnlng-1<8.99 ,.cre', Mrc or lel$.
Subject to e,sem<nts, restrictions lnd rc.serv~tlons o(rc.tord.
6elrfngs hued on I budng o( N 000,7'47" E on the (at
lIne of the I(E~ of Section 11, TownshIp ~_9 South, Rlnge 25
[1St, Collier County, florida.
ThIs descrIption ~ets the Xtni~uu Technic.l Stlnd~rds, as .
set forth by the florida COlrd of L.nd SurveyorS, pursu&nt
to Chapter 47Z.0Z7, florida StHvtes. .
Pine Air Lakes
PU DZ-A-2005-AR-8550
Exhibit B
Agenda Item No. 88
March 13, 2007
Page 40 of 65
ORDINANCE NO, 07-
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS. COLLIER COUNTY, FLORIDA AMENDING OR-
DINANCE NUMBER 2004-41, AS A1\ItENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COllIER COUNTY, FLOR-
IDA, BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICA-
TION OF TIlE HEREIN DESCRIBED REAL PROPERTY
FROM PLANNED UNIT DEVELOPMENT (PUD) TO COM-
MERCIAL PLANNED UNIT DEVELOPMENT (CrUD) FOR A
PROJECT KNOWN AS PiNE AIR LAKES crUD TO AU~OW
AN INCREASE IN THE MAXIMUM DEVELOPMENT AREA.
THE SUBJECT 148.99 ACRES IS WCATED ALONG THE
WEST SIDE OF AIRPORT-PULLING ROAD (COUNTY ROAD
31), PARALLEL TO AND APPROXIMATELY 1.600 FEET
NORTH OF PINE RIDGE ROAD (COUNTY ROAD 896); AND
ALONG BOTH SIDES OF NAPLES BOULEVARD, IN SEC-
TION 11. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 94-25. THE PINE AIR LAKES POD;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Airpolt Road Limited Paltllership, represented by Karen Bishop, of P.M.S,
Inc., of Naples and Riebnrd Yovanovich, of Goodlette. Coleman and Johnson, P.A.. petitioned
the Board of County Commissioners to change the zoning classification of the herein described
real properly.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF COU~IER COUNTY, FLORIDA that:
SECTION ONE:
The zoning dassit'ication of the herein described real property located in Section 11,
Township 49 South. Range 25 East, CoHier County, Florida. is changed from Planned Unit De-
velopment (PUD) to Commercial Planned Unit Development (CPUD) known as the Pine Air
Lakes CrUD in accordance with the CPUD Document, attached hereto as Exhibit "A" which is
incorporated herein mid by reference mnde part hereof. The appropriate 7.oning atlas map or
mnps as described in Ordinance Number 2004-41, as amended, lhe Collier County Land Devel-
opment Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 94-25, known as the Pine Air Lakes PUD, adopted all May 10. 1994
by the Board of County Commissioners of Collier County. is hereby repealed in its entirety,
Petition NllI110er PlJDZ-2005-AR-8550
Page 1 of2
Agenda Item No, 88
March 13, 2007
Page 41 of 65
SECTION THREE:
This Ordinnnce shall become effective upon filing with the Dep81tment of State,
PASSED AND DULY ADOPTED by Lhe Board of County Commissioners of Collier
CounLy, Florida, this _ day of
,2007.
A TrEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
, CHAIRMAN
Deputy Clerk
Approved as to fOlm and
legal sufficiency
~1j _111. {kudLul. -~.
MarJon . Student-Slu'llllg ,- - -. 'IS
Assistant County Attorney
Petitioll Number PUDZ-2005-AR-8550
Page 2of2
PINE AIR LAKES
A
PLANNED UNIT DEVELOPMENT
BY
AIRPORT ROAD LIMITED PARTNERSHIP
AMENDED BY:
Goodlette Coleman & Johnson
4001 Tamiami Trail N., Suite 300
Naples, FL 34103
ORIGNINAL ORDINANCE NUMBER
DATE ISSUED
DATE APPROVED BY CCPC
DA TE APPROVED BY BCC
ORDINANCE NUMBER
85-67
11/12/85
94-25
PUD document from county attorney 12-22-06.doc
Agenda Item No. 88
March 13, 2007
Page 42 of 65
TABLE OF CONTENTS
SUBJECT
SECTION
Property Ownership and Description
Section I
Statement of Compliance
Section II
Project Development
Section III
Office
Section IV
Regional Commercial
Section V
Lake/Open Space
Section VI
Development Statndards
Section VII
Utility Services
Section VIII
PUD Master Plan
Section "A"
Legal Description
Exhibit "B"
PUD document from county attorney 12-22-06.doc
1
Agenda Item No. 88
March 13, 2007
Page 43 of 65
Agenda Item No. 88
March 13, 2007
Page 44 of 65
PROPERTY OWNERSHIP AND DESCRIPTION
SECTION I
1.01 PURPOSE The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be developed under
the project name of Pine Air Lakes.
1.02 INTRODUCTION It is the intent of Airport Road Limited Partnership, a Florida limited
partnership (here and after to be called Applicant) to amend a Planned Unit Development on
approximately 150 acres of property located in northwest Collier County, Florida.
1.03 NAME The development will be known as Pine Air Lakes.
1.04 PROPERTY OWNERSHIP The subject property is currently under the ownership of:
Airport Road Limited Partnership
800 Seagate Drive, Suite 302
Naples, FL 34103
1.05 UNIFIED CONTROL The property being submitted for rezoning is under the unified
control of Airport Road Limited Partnership.
1.06 LEGAL DESCRIPTION The subject project being +/- 148.99 acres is located in
northwest Collier County, Section 11, Township 49 south, Range 25 east. The complete
legal description is set forth in Exhibit "B".
1.07 GENERAL LOCATION
A. The subject property is west of and contiguous to Airport Road, parallel to and
approximately 1,600 feet north of Pine Ridge Road; approximately 1,300 feet west, the
boundary jogs south then west again approximately I ,300 feet, parallel to Pine Ridge
Road.
B. Four (4) accesses to the development will be provided as conceptually depicted on
Exhibit "A". Three (3) entrances will have access from Airport Road and one (1) access
will be from Pine Ridge Road, taking advantage of the existing Naples Boulevard.
Pine Ridge Road is scheduled to be the primary access into western Collier County
from Interstate 75. Regional access to the Pine Air Lakes development will be via
Interstate 75 and Pine Ridge Road Interchange and Airport Road Transportation
Corridors. Developers and property owners are to connect their properties to fronting
collector and arterial roads, except where no such connection can be made without
violating intersection spacing requirements of the Land Development Code as described
in Policy 7.1 of the Future Land Use Element.
1.08 EXISTING ELEVATION The +/- 150 acres ofland which Pine Air Lakes is comprised of
has an average elevation of plus 10.0 feet above sea level.
1.09 EXISTING SOIL TYPES The Pine Air Lakes site is composed of five (5) soil types as
identified by the U.S.D.A. Soil Conservation Service in their report titled, "Soil Survey.
PUD document from county attorney 12-22-06.doc 2
Agenda Item No. 88
March 13. 2007
Page 45 of 65
Detailed Reconnaissance, Collier County, Florida. Series 1942, No.8, issued March 1954. "
The site is primarily composed of Keri Fine Sand approximately forty-five percent (45%)
and Charlotte Fine Sand approximately eighteen percent (18%). The Arzell Fine Sand, Cypress
Swamp, and Ochopee Fine Sand Marl (shallow phase) makes up the remaining thirty-seven
percent (37%) of the Pine Air Lakes CPUD site. The Ochopee Fine Sand Marl (shallow phase) is
characterized by a shallow depth to rock which is typified by its exposure in the roadway
swale along Pine Ridge Road (south of the project site).
1.10 EXISTING VEGETATION The site area has been historically stripped of native vegetation
and utilized for agricultural and horticultural purposes. The only remaining native vegetation
exists in the cypress head areas, (this has been designated "S.T." by the County
Environmentalist), approximately in the center of the southern property line. The cypress
("S.T. It) area will be left in its natural state under the proposed Pine Air Lakes CPUD Master
Plan. The historical agricultural uses of the property supports a request for waiver of the
Environmental Impact Statement (E.l.S.) commonly required by the Land Development Code.
The request for a waiver has been filed with the County Environmentalist. NOTE: See
Benedict's Letter.
1.11 OPEN SPACE. A minimum of thirty percent (30%) of total acres shall be provided. (44.7
acres) 1.81 acres are provided in S.T. acres and 32.64 acres are provided in Lakes/Open
Space. The open space to be within the developed parcels along with the S.T. and
Lake/Open Space parcels will either meet or exceed the required acreage.
PUD document from county attorney 12-22-06.doc 3
Agenda Item No. 88
March 13, 2007
Page 46 of 65
STATEMENT OF COMPLIANCE
SECTION II
2.01 PURPOSE The purpose of this section is to briefly outline the Pine Air Lakes
Commercial Planned Unit Development compliance with the Collier County Comprehensive
Plan.
2.02 STATEMENT OF COMPLIANCE The development of approximately 150 acres of
property in, northwest Collier County, Florida, Section 11 (eleven), Township 49 south, Range
25 east, as a Planned Unit Development to be known as Pine Air Lakes will comply with the
planning and development objectives of Collier County.
A. This project is a Development of Regional Impact that predates the adoption of the
1989 Growth Management Plan for Collier County. As such, it was deemed to have
vested zoning rights through the Zoning Re-evaluation Program described in former
Policy 3.1K of the Future Land Use Element.
B. Properties that have been found to have vested zoning rights are deemed consistent with
the Future Land Use Element (reference Policy 5.9, FLUE). Policy 5.1 of the
Future Land Use Element allows changes to such projects, provided the intensity of
development is not increased.
PUD document from county attorney 12-22-06.doc 4
Agenda Item No. 88
March 13, 2007
Page 47 of 65
PROJECT DEVELOPMENT
SECTION III
3.01 PURPOSE The purpose of this section is to delineate and generally describe the proj ect
plan of development and general conditions of the Pine Air Lakes Project.
3.02 GENERAL
A. Regulations for development of Pine Air Lakes shall be in accordance with the
contents of this document, CPUD- Commercial Planned Unit Development District and
other applicable sections and parts of the "Collier County Land Development Code".
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set
forth in the Collier County Land Development Code.
3.03 TRACT DEVELOPMENT The development of separate tracts shall comply with the
Collier County Land Development Code, when applicable.
3.04 PROJECT PLAN AND LAND USE PARCELS
A. The project plan including the location of roadways, general circulation, and the land
use is illustrated graphically and conceptually on the CPUD Master Plan (Exhibit "A").
B. Areas illustrated as Lakes/Open Space on Exhibit "A" are illustrative only, and are
subject to relocation and reconfiguration. These areas may be constructed as lakes or
open space. A portion of the lakes may be constructed as shallow, intermittent dry
depressions for water detention purposes.
C. In addition to the various areas shown on Exhibit "A", such easements (utility, private,
semi-public, etc.) shall be established within or along the various tracts as may be
necessary or deemed desirable for the service, function or convenience of the project
users.
D. Adjacent parcels, whether owned by the same or different entities, shall be permitted to
be developed under a Unified Development Plan as a single shopping center or single
office complex with common and shared parking areas, access drives, utilities, entries,
common areas and other facilities typically contained within a shopping center or office
complex. Internal tract boundaries in such unified development plans shall not be
required to have lot line setbacks or buffers. Additionally, buildings within the Unified
Development Plan shall be permitted to abut one another as long as all appropriate
building codes have been adhered to without any requirement for property line setbacks
along common property lines with adjacent buildings.
3.05 BUFFERS
A. All parcels within the Pine Air Lakes development adjacent to interior roads
shall provide a minimum fifteen (15) foot wide landscape strip buffer. (Excluding
parcels designated Lakes/Open Space.)
PUD document from county attorney 12-22-06.doc 5
Agenda Item No. 88
March 13, 2007
Page 48 of 65
B. A minimum buffer fifteen (15) feet wide will be provided along all parcels (except
Lake/Open Space parcels) which are adjacent to surrounding land presently zoned
industrial/commercial. A minimum twenty (20) foot buffer will be provided along Airport
Road.
C. All other buffers shall meet the minimum standards of the Land Development Code in
effect at the time of development of the parcel.
D. No parking, outside display signs, or other structures shall be located within buffers.
3.06 SPECIAL TREATMENT (S. T.) REGULATION The S. T. zoning overlay is removed
and the approximate 1.8 acres of wetlands shall be preserved as a separate tract or easement,
with protective covenants. An average twenty-five (25) foot setback will be provided around
the wetlands area.
No parking, outside displays, signs or structures shall be located within the setback around the
wetlands area.
3.07 CPUD SITE DEVELOPMENT PLAN APPROVAL The provisions of Section 04.07.01
of the Collier County Land Development Code shall apply to the development of platted tracts or
other parcels of land prior to issuance of a building permit or other development order.
3.08 DEVELOPMENT PLAN ADJUSTMENT Minor variations in acreage, roadway, lakes
and tract boundaries, as shown on CPUD Master Plan shall be permitted at final design
to accommodate topography, vegetation, and other site conditions.
Minor variations shall be defined as in the Land Development Code in effect at the time such
variation is requested.
3.09 MAXIMUM SQUARE FOOTAGE USES: The maximum square footage to be constructed
within the CPUD shall be as follows. The permitted uses for each category of use shall be as set
forth herein in Section 4 with respect to Office Uses and in Section 5 with respect to Regional
Commercial/Retail Uses.
Category
Regional Commercial/Retail
Office
Total
Square Feet
1,000,000
75.000
1,075,000
3.10 CONVERSION BETWEEN USE CATEGORIES. Notwithstanding the maximum square
footage uses set forth in Paragraph 3.09 above, the Developer shall have the right to;
Convert office space into retail space or retail space into office space, with the conversion
rate between the different uses to be set forth as follows (the conversion rate has been
determined by an equivalent trip generation analysis). Up to 50,000 square feet of office
area can be converted into retail area at the rate of 100 square feet of additional retail area
for every 420 square feet of office area converted. Additionally, up to 50,000 square feet
of retail area can be converted into office area at the rate of 100 square feet of additional
office area for every 24 square feet of retail area converted. The maximum square footage
allowed is 1,075.000.
PUD document from county attorney 12-22-06.doc 6
Agenda Item No. 88
March 13. 2007
Page 49 of 65
OFFICE
SECTION IV
4.01 PURPOSE. The purpose of this section is to indicate the development plan land regulations
for any part of the site to be developed for office uses.
4.02 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:
4.03 PERMITTED PRINCIPAL USES AND STRUCTURES
1) Business and professional offices; banks; financial institutions.
2) Churches and other places of worship; civic and cultural facilities; colleges,
universities and schools.
3) Funeral homes.
4) Homes for the aged; hospitals; hospices and sanitoriums.
5) Medical laboratories; medical clinics; medical offices for humans; mortgage
brokers; museums.
6) Parking garages and lots; private clubs.
7) Real estate offices; research design and development activities; rest homes;
convalescent centers; and nursing homes.
8) Laboratories, provided that:
a) No odor, noise, etc., detectable to normal senses from off the premises
are generated;
b) All work is done within enclosed structures; and
c) No product is manufactured or sold, except incidental to development
activities.
9) Transportation, communication and utility offices - not including storage of
equipment.
10) Any professional or commercial use which is comparable in nature with the
foregoing uses and which the Board of Zoning Appeals detelmines to be
compatible in the district.
4.04 PERMITTED ACCESSORY USES AND STRUCTURES
I) Accessory uses and structures customarily associated with uses permitted in this
district.
2) Caretaker's residence.
3) Multi-story parking.
4) Water management structures and facilities.
4.05 REGULATIONS
405.01 General - All yards, setbacks, etc., shall be in relation to the individual parcel
boundaries.
405.02 Minimum Parcel Area - Twenty thousand (20,000) square feet.
PUD document from county attorney 12-22-06.doc 7
Agenda Item No. 88
March 13, 2007
Page 50 of 65
405.03 Minimum Parcel Width - One hundred (100) feet.
405.04 Minimum Yard Requirements - abutting the roadway within the Pine Air Lakes
Development and Airport Road to the west of the development shall be front
yards.
a) Front Yard - Twenty-five (25) feet.
b) Side Yard - Fifteen (15) feet with unobstructed passage from front to
rear yard.
c) Rear Yard - Fifteen (15) feet.
d) Minimum Yard Requirement From Any Residentially Zoned or Use
Property: Twenty-five (25) feet.
405.05 Maximum Height - Five (5) stories or fifty (50) feet, whichever is greater over a
maximum of two (2) levels of parking.
Ten (10) stories or one hundred (100) feet, whichever is greater over two (2)
levels of parking may be approved through Site Development Plan Approval and
by the Planning Commission.
405.06 Minimum Floor Area of Structures - One thousand (1,000) square feet per
building on the ground floor.
405.07 Minimum Distance Between Structures - Thirty (30) feet or one-half (1/2) the sum
of the height, whichever is greater.
4.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a
permit is requested.
4.07 MINIMUM OFF-STREET PARKING AND OFF-STREET PARKING LOADING
REQUIREMENTS As permitted or required by the Land Development Code in effect at the time
a permit is requested.
4.08 MINIMUM LANDSCAPING REQUIREMENTS As permitted or required by the Land
Development Code in effect a the time a permit is requested.
4.09 MINIMUM LANDSCAPEIBUFFER AREA Defined in Section 3.05 of this Document.
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REGIONAL COMMERCIAL
SECTION V
5.01 PURPOSE The purpose of this section is to indicate the development plan land regulations
for the areas designated on Regional Commercial. In order to ensure that regional retail is
achieved, there will be a minimum of two individual retail uses with a minimum of 70,000
square feet of gross leasable area (GLA) each. These three uses, along with a majority of the
commercial uses shall be restricted to uses herein which also would be within Division G,
Standard Industrial Classification Manual, 1987 publication.
5.02 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.
5.03 PERMITTED USES The following uses are expressly permitted when done in accordance
with the general intent of this ordinance:
a) Antique shops 5932; appliance stores 5722; art galleries 5999,
8412; art studios 8999; art supply shops 5199; assembly in
enclosed building 3549; auction house 5999; automobile parts
stores 5531; automobile service stations with repairs in enclosed
building 5541; automobile sales, and associated service
departments, 5541, 5511; alcoholic beverage sales, including
sales for consumption on or off the premises 5813,5921.
b) Banks and financial institutions Major Groups 60, 61, 62, 67;
barber and beauty shops 7231, 7241; bath supply stores 5719;
bicycle sales and services 7699 (excluding Cesspool cleaning),
5941, 5091, 5571; blueprint shops 7334; boat sales - with inside
storage 5551, 5091; bookbinders 2789, 2732; book stores 5192,
5961; business (i.e. Xerox) machine services 7359, 7629; bakery
shops, including baking only when incidental to retail sales from
the premises 5461; business offices 8741,8742,8748.
c) Carpet and floor covering sales which may include limited storage
(not to exceed 50% of retail sales area) 5713, 5023; enclosed car
washes 7542; clothing stores 5137, 5651, 5611, 5932, 5136,
5621; cocktail lounges 5813; commercial recreation uses - indoor
7999 (excluding animal shows, bath houses, circus companies,
shooting ranges/galleries, skeet shooting); commercial schools
8222, 8211, 8221; communications services and equipment repair
5065; confectionery and candy stores 5441, 5145; churches and
other places of worship 8661; civil and cultural facilities 8641,
8299, 8611, 8621; colleges, universities and schools 8211, 8221,
8222, 8299, 8243, 8244, 8249; child care centers 8351;
convalescent centers 8059, 8051; children's homes 8361.
d) Department stores 5311; dry goods stores 5131, 5999: drapery
shops 5023, 5714; delicatessens 5461; drug stores 5912, 5122;
dry cleaning - collecting and delivering only 7212. (Minimal on-site
pressing and spotting permitted).
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e) Electrical supply stores 5063; equipment rentals - including lawn
mowers, power saws, etc. without outside storage and display
7359; employment agencies 7361, 7819, 7922 (excluding
burlesques companies), 7363.
f) Fish markets (retailt5421, 5146; florist shops 5992,5193; fraternal
and social clubs 8641; funeral homes 7261 (excluding
crematories); furniture refinishing 7641; furniture stores 5712,
5021; furrier shops 5632.
g) Garden supply stores, which can include outside displays, gift
shops 5261; glass and mirror sales 5231, 5719; gourmet shops
5499,5411; gunsmiths 7699 (excluding cesspool cleaning).
h) Hardware stores 5251; hat cleaning and blocking 7251; health food
stores 5499; health clubs/fitness centers 7991; hobby supply stores
5092, 5945; hospitals and hospices 8069, 8062.
i) Ice cream shops 5451, 5143; ice sales (not including ice plants)
5143, 5999.
j) Jewelry stores 5094, 5944, 5632.
k) Kitchenware shops 5719.
1) Laundries 7211; lawn maintenance shops no outside maintenance
7699; leather goods 5199, 5948; legitimate theaters 7922
(excluding burlesque companies); light manufacturing or
processing (including food processing, but not slaughter house)
Major Group 23 (excluding 2371) & 39. Packaging or fabricating
in completely enclosed building 2671.Linen supply shops 7213;
liquor stores 5921,5182; and locksmiths 7699; lithographing 2752;
laboratories; provided no odor, noise, vibrations or other nuisance
detectable to normal senses from off the premises are generated
7819,8734,8071,8072.
m) Marinas 4493; markets - food of every type 5411; medical office
and clinics 8041,8021,8042,8031,8011,8043,8093; millinery
shops 5632, 5131; miscellaneous uses such as mail express office,
telephone exchange 7331, 5999; motion picture theaters 7832;
motorcycle sales and service 5571, 7699 (excluding cesspool
cleaning), 5012; museums 8412; music stores 5735, 5736;
mortgage brokers 6162, 6163; motels 7011; meat, fish and poultry
markets 5421, 5499.
n) Newspaper stores 5994.
0) Office Supply stores 5112,5943.
p) Paint and wallpaper stores 5231; parking garages (enclosed) 7521;
pest control service 7342; pet shops 5999; pet supply shops 5999,
5149,5199; photographic equipment stores 5043, 5946; plumbing
shop 5074; plumbing supplies 5074; pottery stores 5719; poultry
markets 5499; printing 2732, 2752,2759; publishing or similar
establishments 2741, 2731, 2711, 2721; private clubs 7997;
professional offices 8741,8742,8748; post offices 4311,7389.
q) Quilt shops 5949.
r) Radio and television stations and transmitters 4832, 4833; radio
and television sales and services 5731, 7622; interior non-
destructive and design labs 8711, 8712; rest homes 8059, 8361;
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restaurants including fast food restaurants with drive through
window service 5812; real estate offices 6531; research, design and
development planning facilities 8748.
s) Service establishments catering to commerce and industry 7389;
sign company 3993, 5046, 5099; sign painting shops 3993; shoe
repair 7251; shoe stores 5661; shopping centers (including regional
facilities) Major Group 53, 56, 57, 58, 59; souvenier stores 5947;
stationery stores 5943; supermarkets 5411; swimming pool
maintenance shops 7389; sanitoriums 8063; schools 8211, 8249.
t) Tailor shops 7219, 5699; taxidermists 7699; tile sales - ceramic
tile 5211, 5032; tobacco shops 5159, 5194, 5993; toy shops 5945,
5092; tropical fish stores 5999; transportation terminals without
outside storage of vehicles or equipment 4231; taverns 5813.
u) Upholstery shops 5714.
v) Variety stores 5331; vehicle rentals 7514, 4119; veterinarian
offices and clinics - no outside kennels 0742; vocational,
technical, trade or industrial schools 8211, 8249.
w) Water bed sales 5712, 5021.
x) X-ray clinics 8071.
y) Yacht sales 7389, 5551.
z) Any other commercial, which is compatible in nature with the
foregoing uses and which the Board of Zoning Apea1s determines
to be consistent with the purpose of the district.
aa) All uses allowed in Section IV.
* All references to numbers in this Section are understood to be to Standard Industrial
Classification Groups.
5.04 PERMITTED ACCESSORY USES AND STRUCTURES. Accessory uses and structures
customarily associated with uses permitted in this district:
1) Caretaker residence.
2) Water management structures and facilities.
3) Customary accessory uses and structures.
5.05 REGULATIONS
505.0 I General - All yards, setbacks, etc., shall be in relation to the individual parcel
boundaries. There shall be no outside overnight storage or display on any parcels
in this section.
505.02 Minimum Parcel Area - As determined at the time of Preliminary Site
Development Plan review.
505.03 Minimum Parcel Width - As determined at the time of Preliminary Site
Development Plan review.
505.04 Minimum Yard Requirements - The parcel sides abutting the roadway within
the Pine Air Lakes' Development and Airport Road to the west of the development
shall be front yards. Those parcels shall conform to the minimum yard
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requirement of Section 4.05.4 of the Document. All other parcels in this Section
shall conform to the following:
a) Front Yard - Twenty-five (25) feet.
b) Side Yard and Rear Yard - None or a minimum of five (5)
feet with unobstructed passage from front to rear yard.
c) Other parcel boundaries fifteen (15) feet.
505.05 Maximum Height - Three (3) stories or thirty-five (35) feet, whichever is greater.
505.06 Minimum Floor Area of Principal Structures - One thousand (1,000) square feet
per building on the ground floor.
505.07 Minimum Distance Between Structures, - Same as side yard setback.
5.06 SIGNAGE As permitted or required by the Land Development Code in effect at the
time a permit is requested.
5.07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS
As permitted or required by the Land Development Code in effect at the time a permit is
requested.
5.08 MINIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land
Development Code in effect at the time a permit is requested.
5.09 MINIMUM LANDSCAPE BUFFER AREA Defined in Section 3.05 of this Document.
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LAKE/OPEN SPACE
SECTION VI
6.01 PURPOSE The purpose of this Section is to indicate the development plan land regulations
for the areas to be utilized for Lakes/Open Space.
6.02 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:
6.03 PERMITTED PRINCIPAL USES AND STRUCTURES
1) Sidewalks constructed for purposes of access to or passage through common
areas.
2) Lakes and other storm water management facilities or uses to serve for the water
management and drainage of project.
3) Picnic areas, parks and passive recreation areas.
4) Small buildings, enclosures or other structures constructed for purposes of
maintenance, storage, recreation or shelter with appropriate screening and
landscaping.
5) Small docks, piers or other such facilities constructed for purposes of lake
recreation for project occupants or members.
6) Decks and platforms associated with restaurant and entertainment facilities on
adjacent parcels shall be allowed to project into Lake/Open Space parcels.
7) A lake/open space parcel may be considered a buffer for developed parcels if it is
adjacent to the parcel.
8) Any other open space activity which is comparable in nature with the foregoing
uses and which the Board of Zoning Appeals determines to be compatible in the
district.
6.04 PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures
customarily associated with the uses permitted in this district.
1) Customary accessory uses of recreational facilities.
2) Any other recreational use which is comparable in nature with the foregoing uses
and which the Board of Zoning Appeals determines to be compatible in the
district.
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6.05 REGULATIONS
605.01 General- All yards, setbacks, etc., shall be in relation to the individual parcel.
605.02 Minimum Lot Area: None
605.03 Minimum Lot Width: None
605.04 Minimum Yard Requirements: Abutting the arterial roadway within the Pine Air
Lakes Development and Airport Road to the west of the development shall be
front yards.
a) Front Yard: Fifty (50) Feet
b) Side Yard: Thirty (30) Feet
c) Rear Yard: Fifty (50) Feet
605.05 Maximum Height of Structures: Thirty-five (35) feet unless otherwise approved
during Development Review.
6.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a
permit is requested.
6.07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS
As permitted or required by the Land Development Code in effect at the time a permit is
requested.
6.08 MINIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land
Development Code in effect at the time a permit is requested.
6.09 MINIMUM LANDSCAPE/BUFFER AREA Defined in Section 3.05 of this Document.
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DEVELOPMENT STANDARDS
SECTION VII
7.01 PURPOSE The purpose of this Section is to set forth the standards for the development of
the project.
7.02 GENERAL All facilities shall be constructed in strict accordance with the Final
Development Plan and all applicable State and local laws, codes, and regulations. Except
where specifically noted or stated otherwise, the standards and specifications of the current
official County Land Development Code shall apply to this project.
7.03 PUD MASTER DEVELOPMENT PLAN
A. Exhibit "A" illustrates the proposed development.
B. The design criteria and system design illustrated on Exhibit "A" and stated herein shall be
understood as flexible so that the final design may best satisfy the project, the
neighborhood and the general local environment. Minor site alterations may be permitted
subject to planning staff and administrative approval.
C. All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all areas in the project.
7.04 CLEARING, GRADING. EARTHWORK. AND SITE DRAINAGE All clearing, grading,
earthwork, and site drainage work shall be performed in accordance with all applicable State and
local codes.
7.05 STREETS All streets shall be dedicated to the public.
The petitioner wishes to reserve the right to maintain and landscape the unpaved portions of the
right-of-way for roads within the project subject to the approval of the Development Services
Director.
All public street design and construction shall meet the Collier County standards that are in
effect at the time of approval.
7.06 SIGNS As permitted or required by the Land Development Code in effect at the time a
permit is requested.
7.07 HOUSING To satisfy the project's affordable housing impacts cumulatively the applicant's
mitigation for commercial and office uses shall be $206,424.00. These funds shall be paid to
Collier County Affordable Housing Trust Fund at issuance of building permit. If more than one
building permit is involved, then the payments shall be prorated on a .50 cent per square foot
basis and a portion collected at the time each building permit is issued.
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7.08 LANDSCAPING
A) For off-street parking areas - All landscaping for off-street parking areas shall be in
accordance with the appropriate portion of the Land Development Code.
B). For Naples Boulevard Land Improvements - The Pine Air Lakes CDD shall complete
the installation of the Naples Boulevard. right-of-way landscaping as approved by Collier
County Transportation Mode Department but will be limited to $400,000.00 in cost. The
Pine Air Lakes CDD shall maintain the right-of-way landscaping in perpertuity. The
installation shall take place within one year of this PUD amendment and the companion
DRI Development Order amendment approval.
7.09 ARCHITECTURAL DESIGN REVIEW The petitioner intends to create an association to
review individual parcel layout and architecture prior to the improvement of any parcel.
7.10 COMMON AREA MANAGEMENT The petitioner intends to convey the common areas,
including the water retention and surface water management structures, to Pine Air Foundation,
Inc., a Florida not-for-profit corporation, which will be responsible for implementation of the
surface water management plan and have authority to assess the other lands within the district for
the costs of such maintenance. The petitioner would also grant an easement to Collier County
with respect to the surface water management system so that the County could operate and
maintain the system in the event the Foundation fails to do so.
7 .11 ENVIRONMENTAL The Environmental Advisory Council stipulations:
A. A site clearing plan shall be submitted to the Natural Resources Department and the
Community Development Division for their review and approval prior to any substantial
work on the site. This plan may be submitted in phases to coincide with the development
schedule. The site clearing plan shall clearly depict how the final site layout incorporates
retained native vegetation to the maximum extent possible and how roads, buildings,
lakes, parking lots, and other facilities have been oriented to accommodate this goal.
B. Native species shall be utilized, where available, to the maximum extent possible in the
site landscaping design. A landscaping plan will be submitted to the Natural Resources
Department and the Community Development Division for their review and approval.
This plan will depict the incorporation of native species and their mix with other species,
if any. The goal of site landscaping shall be the re-creation of native vegetation and
habitat characteristics lost on the site during construction or due to past activities.
C. All exotic plants, as defined in the County Code, shall be removed during each phase of
construction from development areas, open space areas, and preserve areas. Following
site development a maintenance program shall be implemented to prevent reinvasion of
the site by such exotic species. This plan, which will describe control techniques and
inspection intervals, shall be filed with and approved by the Natural Resources
Department and the Community Development Division.
D. If during the course of site clearing, excavation, or other constructional activities, all
archaeological or historical site, artifact, or other indicator is discovered, all development
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at that location shall be immediately stopped and the Natural Resources Department
notified. Development will be suspended for sufficient length of time to enable the
Natural Resources Department or a designated consultant to assess the find and determine
the proper course. of action in regard to its salvageability. The Natural Resources
Department will respond to any such notification in a timely and efficient manner so as
to provide only a minimal interruption to any constructional activities.
E. The cypress wetland and buffer zone is to be checked and approved by the
Natural Resources Personnel prior to any construction in the vicinity of the wetlands.
F. As many existing native trees and shrubs as possible shall be incorporated into the
development.
G. The developers must demonstrate to the Natural Resources Department that this
development will be in compliance with the water quality regulations as outlined by DEP
and SFWMD when they return with their site development plans and, more specifically,
if DEP or SFWMD requires water quality monitoring of their storm water run-off, then
Natural Resources Department requests that they receive copies of all the data.
7.12 FIRE The North Naples Fire Control District has stated their ability to serve the Pine Air
Lakes Project, with the following stipulations:
A. Water mains and the locations of the fire hydrants must be approved by them prior to
issuance of any building permits.
B. Pine Air Lakes shall commit to pay its fair share for improvements needed as a result of
the development if and when an impact fee policy is adopted by the North Naples Fire
District to cover the entire District.
7.13 EXEMPTIONS TO THE SUBDIVISION REGULATIONS Pine Air Lakes development
shall be exempt from the following Land Development Code requirements:
A. Section 06.06.01.Q.l, LDC: Street name signs shall be approved by the Development
Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic
Control Devices.
B. Section 05.06.00, LDC: Entry signage may be located within the right-of-way of the
dedicated roadway. Such signage and planting shall be approved by the Development
Services Director.
C. The requirement to place permanent reference monument and permanent control points
in a typical water valve where such monuments occur within street pavement areas shall
be waived.
7.14 TRANSPORTATION
A. Except for the three permitted connections to Airport Road, all access to individual
parcels shall be internal from Naples Boulevard or from loop roads connecting adjacent
properties in an effort to help reduce vehicle congestion on nearby collector and arterial
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roads and minimize the need for traffic signals as described in Policy 7.2 of the Future
Land Use Element.
B. The Developer shall provide crosswalks across the main thoroughfare (i.e. Naples
Boulevard) to provide adequate pedestrian safety and movement for all applicable
development order submittals. All crosswalk requirements must be completed prior to the
buildout of the CPUD.
C. Naples Boulevard is constructed and dedicated to Collier County and the water system is
looped in accordance with the Utilities Division's regulations and requirements.
D. All Collier County traffic impact fees for Pine Air Lakes shall be as provided by the
current impact fee ordinance.
E. In conjunction with the six-laning of Airport Road, the following improvements shall be
made at the intersection of Naples Boulevard with Airport Road:
1. The Developer has constructed or contributed its fair share payment to the
construction of one additional northbound left turn lane from Naples
Boulevard to Airport Pulling Road for a total of two left turn lanes.
2. The Developer has constructed or contributed its fair share payment to the
construction of the traffic signal at the intersection of Airport Road and
Naples Boulevard.
3. In addition to the forgoing, at the County's request, the Developer shall
construct a third northbound left turn lane from Naples Boulevard to
Airport Pulling Road within one year of the CPUD amendment and
Development Order amendment approval.
F. 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
Land Development Code as it may be amended. Collier County reserves the right,
pursuant to Collier County ordinances to modify or close any median opening existing at
the time of approval of this CPUD which is found to be adverse to the health, safety and
welfare of the public. Any such modifications shall be based on, but are not limited to,
safety, operational circulation, and roadway capacity.
G. A five (5) foot sidewalk easement and completed sidewalk have been provided by the
Developer within the twenty (20) foot buffer along the Airport Road frontage. An
additional one (1) foot sidewalk easement shall be provided by the Developer within the
twenty (20) foot buffer along the Airport Road frontage, north of Naples Boulevard, at
Collier County's request and within one year of the CPUD amendment and Development
Order amendment approval.
H. All work within Collier County rights-of-way or public easements shall reqUire a
right-of-way permit.
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I. Any reduction in parking spaces as a result of interconnection with projects to the west
shall be consistent with the Land Development Code in effect at the time of development
order submittal.
1. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department 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 Collier County Land
Development Code.
K. 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
certificate of occupancy (CO) or when requested by Collier County.
L. Nothing depicted on any the CPUD Master Plan except for those access points in
existence as of the date hereof shall vest any right of access at any specific point along
any property frontage or property line. 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 may be less than the number depicted on the Master Plan; however, no
additional external access points shall be considered unless a PUD amendment or PUD
insubstantial change is approved.
M. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer and Collier County shall have no responsibility for maintenance of any such
facilities.
N. If any turn lane improvement requires the use of any existing County right-of-way or
easement and there is insufficient right-of-way available, the Developer shall
accommodate those turn lanes within the development.
O. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device,
sign or pavement marking improvement within a public right-of-way or easement within
the boundary of this CPUD is determined to be warranted, the cost of such improvement
shall be borne by the Developer and shall be paid to Collier County.
P. At the request of Collier County, a Collier Area Transit (CAT) bus stop with shelter shall
be installed by the Developer or at the discretion of Collier County a designated park and
ride location shall be required in lieu of the shelter. The exact location will be determined
during site development plan review process and shall be constructed within one year of
the CPUD amendment and Development Order amendment approval.
Q. The Developer shall contribute an amount not to exceed $50,000.00. to Collier
County's SCOOT program along Pine Ridge Road to include two additional
intersections. Contribution to Coliier County shall be made within one year of the PUD
amendment and Development Order amendment approval.
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R. In lieu of the annual traffic counts for the PUD monitoring requirements, the Developer
shall make a payment to Collier County to install four permanent count stations not to
exceed a total of $40,000.00 purusant to the Land Development Code. Payment to Collier
County shall be made within one year of the PUD amendment and Development Order
amendment approval.
S. The Developer shall coordinate the design and coordinate the construction of the
interconnection to the north into the industrial park with the owner of Naples Dodge, as
shown on Exhibit "C". Upon the request of Collier County, the Developer shall provide
the appropriate easements for the interconnection.
7.15 WATER MANAGEMENT
A. Conceptual and/or detailed site drainage plans shall be submitted to the
Environmental Advisory Board for review.
B. The Developer has provided to Collier County a thirty-five (35) foot wide and a
twenty-five (25) foot wide perpetual, non-exclusive easement for drainage purposes
along the western boundary of the Pine Air Lakes project a thirty (30) foot wide
temporary non-exclusive construction easement which parallels a twenty-five (25) foot
wide temporary non-exclusive drainage easement, both of which temporary easements
connect with the temporary drainage easement for the lake abutting the property's
northeastern boundary along Airport-Pulling Road, around which lake the thirty (30)
foot temporary construction easement continues; all as more fully described in the
drainage conveyance documents dated April 1994, and the drawings attached thereto
and prepared by Wilson, Miller, Barton & Peek, Inc., dated February 1994 for File No.
2G-403. Said temporary easements are for the purpose of accepting and transmitting
29 acres of Pine Ridge Industrial Park (Northeast Quadrant) drainage through the
water management system, and shall be abandoned at time of site development plan
approval of the area north of Naples Boulevard. At time of site development plan
approval, a twenty-five (25) foot wide perpetual, non-exclusive easement for drainage
purposes shall be dedicated to Collier County and recorded in the public records.
C. An excavation permit will be required for the proposed lakes in accordance with
appropriate County ordinances.
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UTILITY SERVICE
SECTION VIII
8.01 PURPOSE The purpose of this section is to provide a list of utility services and how they
will be provided.
A. See the Utilities Division stipulations per their memos dated July 23, 1985; and
September 21, 1985.
8.02 WATER SUPPLY The Collier County Water and Sewer District shall provide water to the
Pine Air Lakes Development from the existing 16" water main located within the Airport Road
right-of-way.
8.03 SOLID WASTE COLLECTION Solid waste collection for the Pine Air Lakes Project will
be handled by the company holding the franchise for that area of the County.
8.04 ELECTRIC POWER SERVICE Florida Power and Light Company will provide electricity
to the entire Pine Air Lakes Project.
8.05 TELEPHONE SERVICE Telephone service will be supplied by appropriate provider to the
Pine Air Lakes Project.
8.06 TELEVISION CABLE SERVICE The Pine Air Lakes Project will be provided cable
service by the cable company ho Iding the franchise for that area of the County.
8.07 EASEMENTS FOR UNDERGROUND UTILITIES All on-site utilities such as telephone,
electric power, cable television service, waste water collection, water distribution, etc. shall be
installed underground. Only items such as electrical feeder lines, lift stations, etc. which require
above ground installation shall be permitted above ground.
8.08 WATER DISTRIBUTION AND SEWERAGE MAIN DEDICATION The water
distribution and sewerage mains shall be located in the road right-of-way and will be dedicated
to the public. The water distribution and sewerage mains will be deeded to Collier County Water
and Sewer District upon completion in accordance to applicable county ordinances in effect at
the time of the Pine Air Lakes PUD Submission.
The applicant or future owners, will pay appropriate development hook-up fees at the time of
application for building permits.
Should any water/sewer system elements be located outside the road right-of-way, the
appropriate easements will be dedicated.
8.09 PROJECT EASEMENTS AND SERVICES All easements and services mentioned
in this and previous sections of this Document shall be non-exclusive
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DEVELOPMENT OF REGIONAL IMPACT
SECTION IX
The Developer, its successors in interest, and all future assigns or designees shall adhere to all
commitments made in the Development of Regional Impact (DRI) Application for Development
Approvals (ADA), sufficiency responses, and attachments for this amendment and all previously
adopted DRI Development Order (DO) actions for this project.
PUD document from county attorney 12-22-06.doc 22
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Lake/Open Space
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Total
103.00 Acres
1 0.69 Acres
33.49 Acres
1.81 Acres
148.99 Acres
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SCALE IN FEET
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JOHNS I N
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2158 JOHNSON SlREET
P.O. BOX 1550
FORT MYERS. FLORIDA 33902-1550
PHONE (~9) 334-0046
FAX (~9) 334-3661
E.B. 1642 & LB. #642
Master Concept Plan
DATE
Sept. 2005
EXECUTIVE SUMMARY
Agenda Item No. 9A
March 13, 2007
Page 1 of 36
-
APPOINTMENT OF MEMBER(S) TO THE HALDEMAN CREEK MAINTENANCE
DREDGING ADVISORY COMMITTEE
OBJECTIVE: To appoint 5 members to serve alternating terms; 2 members for 2 years; 2
members for 3 years; and 1 member for 4 years to the Haldeman Creek Maintenance Dredging
Advisory Committee. After initial appointments, all terms will be for 4 years.
CONSIDERATIONS: The Haldeman Creek Maintenance Dredging Advisory Committee
has 5 openings for members to serve alternating terms. This 5 member committee was created
on December 12,2006, by Ordinance 2006-60 to aid and assist the Board of County
Commissioners in carrying out the MSTU, to prepare and recommend an itemized budget and to
recommend work programs and priorities to the County Manager or his designee. Section Six,
B. states, "Said members shall be permanent residents within the MSTU and electors of Collier
County. The Board of County Commissioners shall consider appointment of members from
different parcels, subdivisions and/or the communities within the MSTU."
A press release was issued and resumes were received from the following 12 interested citizens:
APPLICAN'T
CATEGORY
ill[[ ELECTOR ADV. COMM.
-
David Woodworth Gulfshores Community 4 Yes None
Paul N. Miano Does not reside W II MSTU ] Yes None
Victoria A. Tracy Gulfshores Community 4 Yes None
Alan Eugene Hubbard Naples Sandpiper Bay Condo 4 Yes None
Elmer Wheeler Gulfshores Community 4 Yes None
Karen L. Beatty Saba] Shores Community 4 Yes Bayshore/Gateway
Tom Briscoe Gulfshores Community 4 Yes None
Roy A. Wilson Naples Land Yacht Harbor Pier C 4 Yes None
Larry Joe Patton Naples Land Yacht Harbor Pier A 4 Yes None
Doug Smith Gulfshores Community 4 NO None
Charles R. Moore Naples Land Yacht Harbor Pier A 4 Yes None
Stephen C. Main Does not reside W/I MSTU 3 Yes Bayshore/Gateway
COMMITTEE RECOMMENDATION: New Committee - no recommendation
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: That the Board of County Commissioners consider the requests for
appointment, appoint 5 members, and direct the County Attorney to prepare a resolution
confirming the appointments.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
-
Agenda Date: MARCH 13, 2007
Agenda Item No. 9A
March 13, 2007
Page 2 of 36
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
9A
AppOintment of members to the Haldeman Creek Maintenance Dredging Advisory
Committee
Meeting Date:
3/13/2007 90000 AM
Prepared By
Sue Filson
E.xecutive Manager to the Bee
Date
Board of County
Commissioners
Bce Office
2/26/2007 1 :41 :32 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's OffIce
2123/20072:20 PM
Agenda Item No. 9A
March 13. 2007
Page 3 of 36
TO: Sue Filson, Executive Manager
Board of County Commissioners
FROM: Tessie Sillery, Operations Coordinator
DATE: February 16,2007
SUBJECT: Halderman Creek Dredging Maintenance Advisory Committee
Staff has received twelve applications by the prescribed deadline for its five opemngs to serve
alternating terms for the Halderman Creek Dredging Maintenance Advisory Committee.
The nine applicants listed below meet the criteria required to be eligible, such as being permanent
residents within the Halderman Creek MSTU Boundary and electors of Collier County. Applicants will
be considered from different parcels, subdivisions and/or the communities within the MSTU boundary.
Attached is an aerial map identifying where the applicants reside within the Halderman Creek MSTU
Boundary .
David Woodworth Gu1fshores Elmer Wheeler
2735 Lakeview Drive Community 2667 Lakeview Drive
Naples, Florida Block 5 - Lot 8 Naples, Florida 34112
Victoria A. Tracy Gu1fshores Karen L. Beatty
3266 Lakeview Drive Community 3113 Basin Street
Naples, Florida 341 12 Block 4 - Lot 8 Naples, FL 34112
Alan Eugene Hubbard Naples Sandpiper Tom Briscoe
3051 Sandpiper Bay Circle, Bay Club Condo 2841 Shoreview Drive
Suite 1-106 Community - Naples, FL 34112
Naples, FL 34112 Condo # 1-106
Larry Joe Patton Naples Land Yacht Charles R. Moore
322 Pier A Harbor 334 Pier A
Naples, FL 34112 Pier A Naples, FL 34112
Roy A. Wilson Naples Land Yacht
336 Pier C Harbor
Naples, FL 34112 Pier C
Gulfshores Community
Block 5 Lot II
Saba! Shores
Community
Block F Lot 39
Gulfshorcs Community
Block 2 Lot 3
Naples Land Yacht
Harbor
Pier A
Transportation Services Division
Alt. Transportation Modes Department
Agenda Item No. 9A
March 13, 2007
Page 4 of 36
Memo: BeC
Applicants - Halderman Creek MSTU
Page 2
The three applicants listed below do Dot meet the criteria required to be eligible for the Halderman Creek
Dredging Maintenance Advisory Committee.
Stephen C. Main
15 Newbury Place
Naples, F134l04
Royal Wood Country Club
& CC Unit 1
Paul N. Miano
2741 Riverview Drive
Naples, Florida 34112
Gulf shores Community
Block 7 Lot 6
Douglas Smith
2701 Lakeview Drive
Naples, F134112
Gulfshores Community
Block 5 Lot 10
Please let me know, if you need any more information
--.
Transportation Services Division
All. Transportation Modes Department
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Agenda Item No. 9A
March 13, 2007
Page 6 of 36
MEMORANDUM
DATE:
January 5, 2007
Elections Office ~
Sue Filson, Executive Manager.., .>6 -'\,
Board of County Commissioners
TO:
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
HALDEMAN CREEK MAINT DREDGING
COMMISSION DISTRICT
David W oodwortb
2735 Lakeview Drive
Naples, FL 34112
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Paul N. Miano
4647 Ashton Court
Naples, FL 34112
Victoria A. Tracy
3266 Lakeview Drive
Naples, FL 34112
Alan Eugene Hubbard
3051 Sandpiper Bay Circle, Suite 1-106
Naples, FL 34112
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Elmer Wheeler
2667 Lakeview Drive
Naples, FL 34112
Karen L. Beatty
3113 Basin Street
Naples, FL 34112
Tom Briscoe
2841 Shoreview Drive
Naples, FL 34112
Roy A. Wilson
336 Pier C
Naples, FL 34112
Larry Joe Patton
322 Pier A
Naples, FL 34112
Doug Smith
2701 Lakeview Drive
Naples, FL 34112
Charles R. Moore
334 Pier A
Naples, FL 34112
Stephen C. Main
15 Newbury Place
Naples, FL 34104
Thank you for your help.
Agenda Item No. 9A
March 13, 2007
Page 7 of 36
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Agenda Item No. 9A
March 13, 2007
Page 8 of 36
MEMORANDUM
DATE:
January 5, 2007
TO:
Darryl Richard, Transportation Pro1ranager
Sue Filson, Executive Manager '
Board of County Commissioners
FROM:
RE:
Haldeman Creek Maintenance Dredging 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:
David Woodworth
2735 Lakeview Drive
Naples, FL 34112
Paul N. Miano
4647 Ashton Court
Naples, FL 34112
Victoria A. Tracy
3266 Lakeview Drive
Naples, FL 34112
Alan Eugene Hubbard
3051 Sandpiper Bay Circle, Suite 1-106
Naples, FL 34112
Elmer Wheeler
2667 Lakeview Drive
Naples, FL 34112
Karen L. Beatty
3113 Basin Street
Naples, FL 34112
Tom Briscoe
2841 Shoreview Drive
Naples, FL 34112
Agenda Item No. 9A
March 13, 2007
Page 9 of 36
Roy A. Wilson
336 Pier C
Naples, FL 34112
Larry Joe Patton
322 Pier A
Naples, FL 34112
Doug Smith
2701 Lakeview Drive
Naples, FL 34112
Charles R. Moore
334 Pier A
Naples, FL 34112
Stephen C. Main
15 Newbury Place
Naples, FL 34104
Please categorize the applicants in areas of expertise. If you have any questions, please call me
at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
e
-
-.
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 9A
March 13, 2007
Page 10 of 36
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Application for Advisory CommitteeslBoards
Name: David Woodworth
Home Address: 2735 Lakeview Drive
Fax No. 775-562-5700 Business Phone: 239-793-8642
239-774-5060
Home P"one:
Zip Code: 34112
e-mail address:dwoodworth@naplessunrealty.com
Business: Agent (Sun Realty, LLC) and Business Owner (Voice Box Services, Inc.)
Haldeman Creek Maintenance Dredging Advisory Committee
Board or Committee Applied for:
C t (Of I' hi) resident and property owner (east and west of Bayshore Drive)
a egory I app lea e:
Enmple: Commission District, DevekJper, emironmeallllist, lay penon, ek.
Are you a registered voter in CoUier COUDty: Yes X No
Do you currently bold public office? Yes No X
If so, wbat is tbat office?
Do you now serve, or IuIve you ever served, OD a Collier County board or committee? Yes
Hyes, please list the committealboarda:
No X
Please list your community activities (civic dubs, neighborhood usoc:i8tions, etc. ..d positioas "eld:
Education: Bachelor of Forestry (Stephen F. Austin University, 1977),
Master of Education (University of Miami, 1979)
Experience:
classroom teacher, Collier County Public Schools (1979-1993) Everglades City
School, Naples High School, and Shadowlawn Elementary School. Business
Owner (1993-present) Voice Box Services, Real Estate Sales (1994-present) Blue
Bill Prooerties (four vears) now with Sun Realty. LLC for over two vears.
PkaIe tIIIach 1110' IIIIiiltltHuIl bifortlflltUm ytIIIf- ~ 71tir ~ MtJWII be ft1l'Wtlnl<<l. &Ie FII.f-, ~ M"".,
tD tM Botud of C<<uI(v ~ J3fJl EII.ft T"",.". T1fIIl, NiIJMs, FL 34112. qytlll.... p/afefIDCJIOII' I/fII1IkrfIJmr tD
(2J9)774...3602 or ~tD .mefilslll.a,l'~"'trJ!.L Tlumkytlll/orl1OllllfleerbtgtlJ ._tIIt citIzms of Collier 0.11(I>.
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Agenda Item No. 9A
March 13, 2007
, ,--Paqe 11 of 36
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Board of County Commissioners
3301 East Tamlami Trail
Naples, FL 341 J2
(239) 714-8097
Fill(: (239) 77 4-~6U2
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Application for Advisory Committees/Boards
Name: fAvL H .I11~.()O Homel"llone: d13r -Y/7-7>1'>7
01'''' Rnl~R Vt<ii: 4J f),(IV ~
Home Address: "'1/..4/) A $# 7,u.) &"'It.1'./ Zip Code: 3"/// ;;..
Fax !\o. ':<3'9 ifn 1'fI~ Bu..inels Phone: ~.] r; ~M. '7-!f~'J.I e-mail.delre,s: rAI/.:.;<t~..<(.". @el#!PJ'NU,.}!t. ,v.~';r
Bubless: As-so&:::::. BR.()I<~fi. - TII-~ ~A,JJC t:~~Li? - S(/,AJ Re~~."-'/
BOllcclcJrColllfDitteeAppliedfM': HAL/)C/(I"-1AA.) (!I<c~~ MoST vi
Category (if applicable): ~ y P~A.s () .-.)
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Are)'4)lI.. regimnd voter in ColDer CPIIDty: Yes
Do yeD culT8ldy bold pllbUc offICe! Yes
If so. wbat is "'t ofIke!
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No
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y
Do JOo DCW .ene, ot" have yn enr uned, DD a Collier e--t). b..rd or eolnllllttn? Yell
lryes, plt_ ftst tlae c:oDUlllttee!llbo.erdl:
Nfl >{
Please lbt your commODity activities (civic d.bs, neighborhood associations, etc. and positioos beld:
1=~~/~ctl lI,e,.,d€1Z Ait.'/I."lN .Ap-P{.es k"/4h4AJI..$'~.a. rr....LI....~ Al'te';.n:,+.;J
CL...JS I"'J t"'.s~ L#v~l!.. tL~""$ I.~,i)...c
Ed1Laltion:~~t::l A res be~.. Ree /'1/feN A.,.()I C~(.
C AJ ~ IA.X~ ('" ,At ,;.() l:;
E]lperience: I5ll ,142.0 liel'f iJelt - Au"..o e. r. Iu~ TeL Ptfta/.' "u; C'LlAJT/2N_
A()7'RP/l.;7Y , B~,A..tj) DIAF~7'C.c.s Ftf-,!~,1""C;;'....1 1"1" ASse><. ,.Q/l. r.Ne.
~,; 7A/l".c /) .4-<Ji> N-+.L'I)/ UJ ~ J RL!AIj) t'j/ L>/II:!.(!"c..~A..5 1=,4~ I'1IAJi ;-", ~\ llA"-lC Y
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",nw BUIW ejCmutlJ' c.o...;".,;,,_ lUl Eaf T.__a ~jt("",., FL :J~Il2. If.- .aJt,J1I-J-JllIU'.w~_fn
~3" 774-3tiit2 or..... trJ ..rlil..(}.a'('fIm~ n-l," /H~, ID _ tlwdtizms .fCllllltn C.....
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Agenda Item No. 9A
-"3 (/I/;;;).J March 13,2007
7" Page 12 of 36
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"THE MIANO GROUP"
3757 Taanl.mi Trail North Napl_ FL 34103
Fax (239) 263--8446
Paul: (D9) 229.8221
Mike: (239) 289-4882
B~B: (239)272-1053
Email: paulmianoOearthlink....,t
Emalt: mhaddock44Oc:omcast.net
frnan: misbhavencmcomcast.net
~ TRANSMITTALj
FRO",:
Paul Miano
Michael Haddock Brenda Haven
Dale: II.}.. Ii' ")
No. Pages incl. cover: ;t,
Time:
To:
51.)::' /;'/4S()/J
Fax Number. 771/- 3e:t> J....
Re:
APi>i..lc..,..r/o...; FfPlt
/,/,0'11. /) c"e ~A JCJ C! i'lL;. ek' /1 S 7 v
Comments
da:lO La GO uar
Agenda Item No. 9A
March 13. 2007
Page 13 of 36
--
Board of County Commissioners
3.301 East Tamiami Tl'llil
Naples. FL 34112
(139) 774-8097
Fu: (239) 77~3602
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Application for Advisory CommitteeslBoards
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Name: V, t, <-., - II';: -1 ,-.(.. J Home Phone:
Home Address: '),)- U. (, ~1- U-c. 'LL(.: lJ;- ( v'f Zip Code:
Fax No. Business PhODC: Lf '3'1 - C l' (-, II e-mail address:
Businrss: C \- (() 111 (' U 5- f-' (. ,
Board or Commin<<:e Applied for: .: 1'1/ (.) e-Ik/\ 0 l" ( (" K- /)1 'S T L{
Category (if applicable): L.A-v. ~v')':"11
..........: (0........... DislrYL Dr-~r. .,l..imto_alilt, Ill~ pt........".
7-75 - V\l V 3
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An you a registered ~'oter in Collier Co..ay: Yrs L// No
Do you currently hold public oftice? Yes No ",/
If.... ..hal i. lloa. olrK"!
1)0 ~ou no_ ~n'~. or Ita" ~ou ~\tr ~n.cd. o. a {'oilier ('o..~ board or~ommittft! \ n
Ir~n. pinK li.1 Ih. rommitttnlboard.:
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VICTORIA A. TRACY
3266 Lakeview Drive
Naples, FL 34112
239-775-4843 home
239-572-3799 ceU
Agenda Item No. 9A
March 13, 2007
Page 14 of 36
CAPSULE RESUME
Current
CreoMed Inc.
Naples, Florida
Chief Operating Officer
2004-2006
National Consultants for Education - NCE
Royal Palm Academy,
Naples, Florida
Development Director / Board of Advisors Chairman
2002-2004
Xerox One Source
Naples, Florida
President
2000 - 2002
Hardy Development Group
Naples, Florida
Director of Operations and Vice President
1990 - ongoing
Tracy Consulting Inc.
Naples, Florida
President
1997 - 1999
Ezon, Inc.
Naples, FL
Director of Operations
President BG Corporate Flight Department
1995 - 1997
Skytruck Sales, Inc.
Naples, FL
V ice President & Member of Board of Directors
1994 - 1995
Youth Foundation of America WSRX Radio Station,
Naples, FL
CEO
1979-1990
Health Management Associates (lIMA)
Joseph C. Greene & Associates, founder HMA
Naples, FL
Corporate Administrator & Director of Corporate Operations
EDUCATION
· University of Michigan Dearborn - MA Degree in Human Resources
· Central Michigan University - BA Degree in Business Administration
.
.
. .
.
.
.
.
.
.
.
.
.
.
.
Agenda Item No. 9A
March 13, 2007
Henry Ford Community College - Accounting Certificate Page 15 of 36
Stetson Law School - on going studies to complete JD
Detroit Secretarial Institute - Associates Degree in Office Administration
Collier County School System -Substitute Teacher Certificate (SED and EH Certified)
State of Florida Real Estate License
Licensed Event and Meeting Planner - CMP
State of Michigan Para Legal- Certified Contract Negotiator and Mediation
State of Florida LLA - Licensed Legal Assistant and Para Legal
State of Florida Human Resource Evaluator
Licensed Quick Books Facilitator
Disney School of People Management - certificate
Disney School of Business Administration - certificate
CIVIC AND SOCIAL PAST AND CURRENT AFFILIATION
. Board of Directors - Fellowship of Christian Athletes - current
. Board of Directors of Collier County Education Association - past
. Executive Committee of Collier County Education Association - past
. CEO Youth Foundation of America - past
. Junior Achievement Volunteer - past
. Board of Directors Collier County Women's Network - past
. Guardian Ad Litem Program - past
. East Naples Civic Association Member - current
. Founder and former Chairman of the Board Collier County Pool & Spa Association - past
. Founder ofCCPSA - Collier County Private School Association - current
. Christian Businesswoman of the Year - 1990, 1991, 1992
. Naples Businesswoman of the Year-1995
. 8 year coordinator of Third Street Festival of Lights
. President of University of Michigan Alumni Club, Naples Chapter - 1982
Personal:
Married to Steve Tracy, Naples native and owner of Tradewind Pools, Inc.
One step-son, aged 26
~
-~
-.
,.- -.-
Agenda Item No. 9A
March 13, 2007
Page 16 of 36
,~_-r
Al Hubbard
3051 Sandpiper Bay Circle
Suite 1-106
Naples, Florida 34112
239-213-9438
Fax 239-213-0737
bil!BlnickliV.aol.(Om
AI Hubbardlalmsn.com
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Delivered via e-mail to Ms, Lisa Resnick
December 29, 2006
Mrs. Sue Filson,
Executive Director
The Board of Collier Coooty Commissioners
3301 East Tamiami Trail
Naples, Florida 34112
Dear Ms. Filson:
Thank you for your consideration of my background data for openings to the Collier County Advisory
Committee/Commission openings.
My in-depth review of the requirements and proximity of my residence to the various requests provide
me~o eoll6i_o..:
* aldeman Creek Maintenance Dredging Advi~
* Bayshore Beautification MSTU Advisory Committee
Since there are budgetary issues involved in each, I have chosen and would appreciate consideration
for the Bayshore Beautification MSTU Advisory Committee. The primary over-riding factor for me
is the excitement involved in the GatewaylBayshore Triangle project, in its entirety.
Recognizing that there is only one vacancy available, compared to five in the Haldeman Creek
project, I would still appreciate consideration for this opening. As you may see from my background,
I do have experience in similar projects, although outside the U.S., and budgeting experiences that
could be beneficial for either of these Committees.
I believe you have in your possession the remainder of the experience, background, and education
documents sent earlier in the week.
Thank you for your consideration.
Sincerely,
AI Hubbard
-
.
. ...........
,L\genda Item No. 9A
March 13, 2007
p p 17 of 36
3301 East Tamiami Trail
\
\
\.
Fax
Mr. U-S~~ J~~ ~O
----0cA J'- h., '-. Cuy" ~ () j~ ~ ~~ ,
He v.>;U c0oor---<- -LJ.. JlS~
+- ~ "f- I:> G-LC- ~L. .
Lisa Resnick, Administrative Aide
t-;f0
/
To: Mr. AI Hubbard
5
Fax: 239-213-0737
Phone: 239-213-9438
Date: 12/29/2006
Re:
Advisory Board Application
cc:
o Urgent
o For Review 0 Please Comment 0 PI.... Reply 0 Please Recycle
. Comments:
-
I am contacting you on behalf of Sue Filson, Executive Manager to the Board of County
Commissioners. Ms. Filson received your Advisory Board application fOm1, however it is
incomplete. You must apply for a specific Advisory Board or Committee. Please choose an
Advisory Board or Committee from the openings described below. Please contact me with
questions at 239-774-8097 or by email atlisaresnick@collierQov.net.
Thank you.
~
--
~
I ...
Agenda Item No. 9A
March 13, 2007
Page 18 of 36
""..,
r~~~' r:- t -"'. :r--" l
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"-"
AI Hubbard
3851 s.dplper "y ardor
Sattc 1-106
N8pIM. Florida lClll
l39-21J..94.18
Fat ~::nU737
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y ,~.:
,.j;..
nc.ered. Fas to: 239.77~
Ms. Sue Filson,
Executive Director
The Board of Collier County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112
Dear Ms, Filson:
Upon perusal of the article in Monday, December 2S, Nqples Daily Newlt I determined it was
time for me to become more active in the community in wbich I am home. I have lived in
Naples for nine-years. full-time; and part-time prior.
The publici7.ed open Advirory CoounissionlCommittee po~itiona are quite divergent and I am
not certain in JCVicwing them. what precise qualifications are required, or for which I may he
qualified. in ccrtai.n instauccs.
At any rate, [ offer whatever services you and your associates, upon review of my cccdentials
enclOllled with this Fax, may der:ermJne for which I would be best considered. if any.
Tf my P'O~!l) do not particularly fit those being sought lit this time, perhaps you would keep
the profile(s) in mind for future openings.
What is not included in the profiles are the cities in which I have lived. and a few of which I
perticipated in civic activities...(Marion. IN; NaperviJle, IT..; Peoria, IL; l.ooisville, KY;
Winnetka, IL; Nonhbrook, IL~ Lincolnshire, IL; Dallas. TX; Frisoo, 'IX; Scottsdale, AZ.).
I recogni2e fully that the enclosed docwnentation may weD be quite an overload of
information. but you might a.~ well havr the complete story.
\
Qt/Hl 3~l;1d
31~I0J6S~ a~anH ,~
L€L13Etl&ci:
lS:Lt gee~/le/E0
. .
Agenda Item No. 9A
March 13, 2007
Page 19 of 36
Page 1 of 3
Advisory Board Appl~on cFonn
e
Advisory Board Application
. City Required
. Postal Required
. Email Required
Please fiU out the following fonn to apply for a Collier
County Board I Committee. Once you have filled out all
the necessary fields., click the button below.
Name:
IAlan Eugene Hubbard
Please type your name as it appears on your voters
registration
Home Address
13051 Sandpiper BayCi1ele, Suite 1-106
City
elNlJ>lel
134112
Zip Code
Horne Phone
Fax:
1239-213--9438 123~213-9450
Ex. 239.555-5555
Ex. 239-.555-5555
Business Phone
1239-213"()737
Ex. 239-555-5555
Important: E-mail address is required to receive a copy of
your application.
Email Address:
lbigalnick@aol.com
Place of Employment:
IAI Hubbard Associates,Inc:.
How long have you lived in
Collier County IS-10 ..:J
.ave you been convicted of any offense against the
law"? i No -=.i
http://gis.colliergov.netlwebsitelvisionlbcc/advisnrvRoArdAn''''l'':f...'I'ft'l~f.,,1t ..Oft" 1"\ IM.....M"
,n 12:13 ~tld 3ll;;lI~OSS\;1 a~\188nH 111 Lf:LeEtZ:GE2: Z:~ :L t 90132:/ HI/E0
,: ..
Agenda Item No. 9A
March 13, 2007
Page 20 of 36
Page 2 of 3
Advisory Board Application eFono
.
Are you a registered voter in Collier
County? I Vet ..:J
Board or Committee Applied for:
ICheck Qu.lifieatiort8
Category (if Applicable)
jNot indicated
i.e., Commission Distric~ Developer
Enviromnentalist~ Citizen At-Large,
etc.
Do you currently hold public office? fN03
Do you now serve, or have you
-.ever served on a Collier County
board or committee? fN03
Please list your community activities and positions
held:
Example: Civic clubs, neighborhood associations, etc,
Education:
BS, MS
Experience I Background
-9
hUp'J/gis.colJiergoy.DetfwebsitelvisionlbccladviMTVRMrti A nr\l~f'n"",m..f'.."k ___ . .. _... ___ #
0t/Se 3rnId 31'0'10005\1 a~wenH 1v LELl3Et2:6E:Z; 2:9:L 1 9Sl32:/10/E:a
. .
Agenda Item No. 9A
March 13,2007
Page 21 of 36
Page 3of3
Advisory Board Application eForm
.
See ~ttached
Em1IiI Sue FUson J
RMelI
Any infonnation provided to the Board of County
Commissioners Office in connection with the Collier
COtmty website shall become a public record and available
to the public in accordance with Chapter 119. Florida
.Statutes. The Board of County Commissioners Office shall
be free to use such information on an unrestricted basis.
Sue Filson. Executive Manager to the Board of
County Commissoners
3301 East Tamiami Trail
Naples. FL 34112
.YOU may also fax your application to (239) 714-3602.
e
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63/Ell/2eeG 17;52
239213El737
AL HUBBARD ASSOCIATE
AgendMO!2m MI.m
March 13, 2007
Page 22 of 36
.
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Aoenda Item No. 9A
- March 13, 2007
Page 23 of 36
AI Hubbard s.eImroulld
* AI Huhhard boIds Badlclon or Scieace ill Aeeollllm.elMarbtingIRetaUing;
..._d... Muten of SdeIKe ID Corporate FiDaace
· AI Hobbard ~ from Sean, Roebuek and Co. ia aue.,o, D.. as a FiJIaDeial 0ffida.I
OOIldudiac a 3O-year AlCCaIfuI ftDaadal caner, iDdadiDJ GeDInI Maaqer of 5-OperadoDs (~eDten
auployblc up to.-so c:mployeea, cited as SlIa:essfuI eoDtributor for uut&taDdiDg cOIdrilMltioD to
C'OI'pOI'1de pro&.. Hubbard_joyed. senior --I'ketiaa poIitioD where tile eoJDPAIIY eatruated biI
lI'Gup with D S8S m.iUioD k"" to ~u'ft aew el&ItoDlen ad Dnpmve .... and profits, the (lOUt
of 'Whieh were exceeded.. Hubbanr. aareer .laeloded Gcwft'llDleot Af&ln omtel' 101' Sean Fiaaacial
SeniceI Orp.ab:atioa, iDchIcIiDc a W uhillgtoD. DC IobbyiDg pontio. for tile eorporate acquitiiiou 01'
two baDkiDJ tolllpUlie:s, and ac:qailldoll of Dea.-Witter. ReyDoIdI Co., aDd CoIdwdlBaoker Real
Es1a1e compallies.
* AI Hubbard aad his fiuaDy in the 1970's to 1990'. aequired five Baskbt-Robbias lee Crealll
stores in tile Cbkalo, miDois muket, tu~ _ell fmm lukluter performuee to OD~
faciBtia, in m'eDDes, ma..... aDd d_1p. These stores wm acquired.bowed S3OO.ooo in grou
teml.... At the date of their sale, the posa aales eseeeded 53,008,000.
It AI Hllbbud odlor AI Hubbard AJIoeiata, IDe. hu RPl"IIIeIlted le\'eral compaDies to off-
shore Inauraace fadBdea to .....p Variable Annuiay PIaDS .tructund to .....e the compallia milUou
. of dollan iD m.tII'IlDee premNlD outlays.
* AI Hubbard "'as succasful Praideat of two precious metals mining c:orporatiou. before
ceasmc opentieu .. pntioUl metals aaiDiBg became uapnrfttahle.
.
· AI Habbard aadlor AI Hubbard Asaoeiata, lite. bill "'P....ted . number ofveadors of
various ~ aod prod'" to . variety of COIIIpaaia lper.htlirinC ill fiDaIlc:W en1efs.
· AI H.w..nl.. F.&enldw Direetor of. FinaJae.1 SeI'Ykes Tradt Corpontiou (501(e)3).
CODVerted rl'Olll fS01(c)6) statu, oomistia& m eKftlS.f 15<<) seaior 6DaoclalsecuUves. Hnbbard has
bad esperience with dab orpDizlltioa for so..e 3O-yean, servt:ae OD the Board of DMcton and in
every oflker poatdoIa, iDelucliaC President.
· AI R.bbard .. ....olnd in repl"fMtldDg 0MIeI"I of IigDt&aDt mild boldiDp to dtNeIopers
aad CODStnldioa eompaai. for die mastnledoa of resorts iD Me:rko.
* AI Hubbard a.dlor AI Hubbard Associates, me. are iDeorporated iD the US., MaiM, and
Grud CIl)'IUL
1. AI Hubbard Auociatcs, IDe. (A Telas "C" Corporadon)
2. Seniciu8 del CieIo, MX
3. Ollt. IDvet1meDf Corporalion, LTD
* AI Hubbard. aDd pal'lDen eitabl~hed a Mutual Fund compaay, ecmpIete with "'1
representation, recuJatory authority saDctio.. admiDiltradoa. aDd marketed to ..... foreip
iDvtstment firmI.
lOt /9la ~'jd
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23'3213El737
AL HUBBARD ASSOCIATE
Agen~~m ~'1%A
March 13, 2007
Page 24 of 36
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2392136737
AL HUBBARD ASSOCIATE
Agen~IiEm W.l~
March 13, 2007
Page 25 of 36
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23'321313737
AL HUBBARD ASSOCIATE
Agen~~m ~.1~
March 13, 2007
Page 26 of 36
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03/61/2eO& 17:52
2392136737
AL HUBBARD ASSOCIATE
Agen~~m ~.1!@A.
March 13, 2007
Page 27 of 36
.
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Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 9A
March 13, 2007
Page 28 of 36
f~ ~:~.... ~: 'V.^;
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Application for Advisory Com,.1ittees/Boards
N....e: 6 ) m E.R (j) C 6/ ell Home PhoDe: 71 / 7 tJ yo /
Home Addreu: ,J t 6 7 L -'/ ). €. v/et.J Z?, Zip Code: .5 V //..)
Fax No. t r :l g ") ~ BUllDen Phone: ,5 $I J S" 3 I e....d lUIdftsl: E ) ~ eR /J?.f;J /I 5 (.) c:C)~~
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BullDe..: /lJ /Ill' 0 7s /"J~ ~I?A ~ //
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C It C~ J- - /JJ Ss-~L./ --.
Board or CommlUee Applled for:
Category (if applicable):
Ea...: c-........ DiItrid, DenIepw..m. . ."..,IIIy.........
Are you a regUtered voter ill Collier CourJty: YeI V
Do you c:urreDtly bold publie office? YeI
Uso, what is that oftice?
No
No
V
-.
Do ,-- n__ ieI'Ve, or have you ever 1lel'Ved, _ a Collier County board or CCJmllliUee1 Y.
If yes, pI_ JUt the CIOIIUIlh1eeslboanb:
No
v
--- -
Please Iiat your commwdty lICtivitiea (civic clubs, Deigbborbood asSocilltiODl, etr. ..d posidoDl held:
__D' #~) >.S: c.L-zL ,
Ln!~ '
ExperieDee: () Oc.. k P);fS -I-e-) ~.f-
VIkJ-f t:,/t/6 ZY.lC
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~ 11 1/.; Nil /1l1fW~ell
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(Z3~774..J662 .,....,,.1IIIdibD~."."fII n."JlWlfir ~"__"e~ 1f0000000~,
It
Board of County Commissionen
33D1 East Tamlaml TraU
Napla, FL 34t12
(239) 774-8097
Fax: (239) 774-3601
Agenda Item No. 9A
Ma~.....2007
, page~9/{~~\.I:~D
?DDS
f'C:J:"L' ;..-r C;)(I.,"::V C'::
;)i"iii:'::':~:i{)nt:f$.
Application for Advisory CommitteesfBoards
N.me:_-1(~V'~ L" B~ Home Plt01lC:
Home Adclreu: .3) I '3 B fA. ~;h ~-1-' Zip Code:
FAll No. BusiDClS Pholle: -:Lit ~-'l1 a
Business:
w ~ +a-t~
Board or Committee Applied for: .,- LA
Catepry (if applica.ble): 'A.t.d ~.~
IUlIlple: CoaIlDillllon DlJ1rIet, Dn-eIoper.ell..tr..lDeII.Ii....,. Ptrwa,e,
Are YOD . registered voter in Collier C..aty: Yes V No
Do ro- eUI'TeDtl) bold p_bli~ oftk,,'.Yes
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239 774, 9<483
p. 1
Agenda Item No. 9A
March 13, 2007
Page 30 of 36
.t
Board of COUDQ' Commissioners
3301 Ea."t TIIDlillUti Tr..U
N"'II~. IlL ~112
(239) 7i4-Hllln
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Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 9A
March 13. 2007
Page 31 of 36
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;((/Y A. J!JJLSC>N
Name:
80ard Of ('.
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J ."AmmlfSS
. loners
Home Phone: 7. J t:t. 7 J :J.,; r 8' J. 7
Home Address: 3 '3 ~ P,&: -/J;, C. Zip Code: 3 L/ J I ;A
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BusiDesS: ~, ~
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Category (if applicable): C I ., , "'L,'- ...)
En..pIe: Commillioa DiRrict, DeYdoper, ~ lay perwa. ett.
Are you a registered voter iD Collier County: Yes
x
No
No
x
Do you currently bold public office! Yes
If 10, wIW ill tat oflice?
Do yotl _ serve, or "an YOII ever served. .. a Colier CotI.ty board or coIDmittee? Y C8
If yes, pleae list tile coIRmittealboanls:
No
x
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(239)774-36(}] "r __to suefilsottJiaJlliffl'ov.ner. 1JI_"",/f1r WJlIUft<<rlItr III - IIwciIkDB ofCII&r CoafJ'.
..
Agenda Item No. 9A
March 13, 2007
Provided for Experience section of Application for MSTU Board applicati~e 32 of 36
applicant is no longer active in any of the listed companies/organizations
Roy A Wilson
Board Chairman
Beyond The Network Inc
and
Corporate Access (HK) Ltd
(retired July 1,2003)
In August 2001 Roy A Wilson was appointed Non-Executive Board Chairman of Beyond The
Network Inc (USA) and Corporate Access (HK) Limited, both subsidiaries ofPCCW. In this
role, Roy will be responsible for strategic initiatives and business relationship development
with a special focus on North America. www.btnaccess.com
From August 2000 to August 2001, Roy was Managing Director, PCCW-HKT, serving 3.7
million customers in Hong Kong with one of the most sophisticated fully digital
telecommunications networks in the world to provide local and international
telecommunications services. As PCCW's Telecommunications Services Unit, the staff of
11,000 was expanding outside Hong Kong both regionally and internationally in a targeted
manner to create sustainable growth serving both existing and new customers that needed
telecommunications services in Hong Kong and the Asian Region, especialJy China.
Prior to PCCW's merger with Hongkong Telecom (HK1), Roy was Executive Director with
responsibility for Customer Services, Network Services, & Quality for HKT. He had
previously held the positions of Executive Director, Sales, Marketing and Customer Service as
well as Executive Director, Customer Service from March 1997. During this time Roy served
on the Board of Directors ofHKT (with listings in Hong Kong and ADR's on the NYSE).
Before joining HKT, Mr Wilson held various positions in Sprint's Local Telecom Division,
including Vice-President and General Manager of Sprint North Central Operations, United
States. Here, he was responsible for network and customer service to over 1.5 million
customers in five US states, including representing and promoting the company in its many
public arenas. He served on the Board of Directors of United Telephone of Pennsylvania and
United Telephone of New Jersey from February 1988 through February 1997.
Earlier in his career, AT&T International employed Mr Wilson in the Market Planning
organization that created and monitored marketing strategy for six international regions. From
1967 to 1983, he worked for Ohio Bell Telephone in various operations and engineering
management positions.
Roy served on the Board of Directors as Vice Chair - Global of the Center for Telecom
Management (ClM) at the Marshall School of Business, University of Southern California
http://www.marshall.usc.edulweb/CTM. Additionally, was a member of the International
Engineering Consortium Executive Council (IEC) http://www.iec.oq~/.
Mr. Wilson graduated from Kent State University, Ohio, USA in 1966 with a BS degree in
marketing and attended the Executive Development Program at Columbia University in 1981.
-000-
last Update 7-2006
e1/05/2BB7 11:27
2397744877
HLYH
PAGE ell
Agenda Item No. 9A
March 13. 2007
Page 33 of 36
Board of County Commissionen
3301 Ea$t Tamiami Trail
N .pIN. FL 304' n
(239) 774-W97
FlIll: (239) 774-3602
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March 13, 2007
Page 34 of 36
Board of County Commi58ioner~
3301 ~st TIUDillUtl Trail
"I/.ples, Fl. 3411.2
(239) 774.8097
Fax: (%39) 774-3602
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RECEIVED
filson_s
Agenda Item No. 9A
March 13, 2007
Page 36 of 36
From: Steve & Char1es [gsmservice@earthlink.net]
Sent: Saturday, January 06, 20071:38 PM
To: filson_s
Subject: Application for Haldeman Creek MSTU
Importance: High
Sue,
I have been unable to access the online application forms for this Board. I tried to find a form to download and
could not find one to download either.
I am interested in membership consideration for the newly formed Haldeman Creek MSTU. I am currently a
member of the
Bayshore/Gateway CRA Advisory Board.
Please accept this "ad hoc. form as my application.
I provide the following information
Stephen C. Main
Home phone 455-2459 Cell 253-7263
15 Newbury Place, zip code 34104
Fax 774-5458 Work phone 774-0222 email gsmservice@earthlink.net
Business Service Manager/Co owner Gulf Shores Marina, 3470 Bayshore Drive
Applying for: Haldeman Creek MSTU
Category Business owner or at large
I have lived in Collier County since 1998 and have been a voting resident of Collier County since 1992.
I have not been convicted of any offenses against the law. ( Not including speeding tickets)
I am a registered voter in Collier County
I do not currently hold public office
I am currently a member of the Bayshore/Gateway CRA Advisory Board.
My community activities:
Cub Scout Pack Cubmaster 2003-2006
Treasurer Everglades Region Porsche Club of America 2000-2002
Assistant Scoutmaster Boy Scout Troop 2 Currently
Education
BS Engineering, United States Military Academy 1972
MS Operations Research, US Naval Postgraduate School, 1982
I served in the US Army for 26 years. During my tenure I worked with multiple levels of government culminating
with service in the Pentagon on the Army Staff. I was Chief of the Resource prioritization office. This office was
responsible to allocate the financial resources of the US Army, at the time approximately $608. Most recently I
have served as a member of the BayshorelGateway CRA Advisory Board. I have gained a great deal of
experience with the process in Collier County while serving on this board. As an owner of a commercial operation
located on Haldeman Creek and with 8 years experience operating this business in this area, I am qualified to
offer that perspective to the committee.
Thank you very much
If you need me to sign this form please call me and I can come over and sign it.
Stephen C. Main
1/8/2007
EXECUTIVE SUMMARY
Agenda Item No. 98
March 13, 2007
Page 1 of 16
APPOINTMENT OF MEMBER(S) TO THE COUNTY GOVERNMENT PRODUCTIVITY
COMMITTEE
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on
February 4, 2008, to the County Government Productivity Committee.
CONSIDERA TIONS: The County Government Productivity Committee has 1 vacancy with
the term expiring on February 4,2008. This committee is composed of 11 members, with the
vice chair of the Board of County Commissioners serving in a liaison capacity. The members
are appointed by resolution of the Board of County Commissioners for a two-year term and must
be permanent residents and electors of Collier County. Committee members are required to
possess special expertise and experience related to managing large organizations, and must be
balanced in representing the views of the community. The committee reviews the efficiency of
departments of County Government under the jurisdiction of the Board of County
Commissioners. The committee may analyze and review existing structure, organization,
staffing, management, functions, business practices, and procedures of any or all parts of county
government and make recommendations for increased efficiency and cost-effectiveness. The
committee may also assist in the implementation of those recommendations. A list of the current
membership is included in the backup.
Colleen M. Kvetko resigned on January 16,2007. A press release was issued and resumes were
received from the following 3 interested citizens:
APPLICANT
CATEGORY
.QlliI ELECTOR ADV. COMM.
Neno Spagna Public Administration, Urban 5 Yes None
Mgmt., Growth Issues
Michele Ellis Harrison Realty, Construction Industry, 2 Yes None
Management
Georgia A. HilJer Law, Accounting, International 2 Yes None
Business
COMMITTEE RECOMMENDATION: Georgia A. Hiller
FISCAL IMP ACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MARCH 13, 2007
,-
Agenda Item No. 98
March 13,2007
Page 2 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
~)B
,1I,ppomtment ot member to the County Government PrOductiVity Committee
3/13/20079.0000 AM
Prepared By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
Bee Office
212612007 1 :41 :32 PM
Approved By
James V. Mudd
Board of County
CommiSSIOners
County Manager
Date
County Manager's Offlce
2123120072:24 PM
Agenda Item No. 98
March 13,2007
Page 3 of 16
MEMORANDUM
TO: Sue Filson, Executive Manager, Board of County Commissioners
FROM: Michael J. Sheffield, Productivity Committee Staff Liaison
DATE: February 22, 2007
SUBJECT: Productivity Committee-Recommendation for Appointment
As you are aware, the Productivity Committee currently has one vacancy as the result of the
resignation of member Colleen Kvetko. The new appointee will serve the remainder of Mrs. Kvetko's
term and will be eligible for re-appointment in February 2008.
Three applications were received. It was determined that all three applicants meet the criteria for
appointment.
In accordance with Collier County Resolution 2006-83, at their meeting on February 21, 2007, the
Productivity Committee voted to recommend to the Board of County Commissioners the following:
Applicant Recommended for Appointment:
Name
Georgia A. Hiller
District
District 2
Place of Em 10 ment
Lawyer-Self
Applicants Not Recommended for Appointment:
Name District Place of Emplovment Three Primary Areas of Expertise
Michele Ellis District 2 Gates McVey Capital Realty, Construction Industry,
Harrison Group Management
N eno Spagna District 5 City of Naples Public Administration, Urban
Management, Growth Issues
Current Number of Members per Commission Distric4 as of February 21,2007:
District Commissioner Number PC Members
Number
I Fiala 2
2 Halas I
3 Henning 4
4 Coyle 3
5
.
Coletta
o
Agenda Item No. 98
March 13, 2007
Page 4 of 16
County Government Productivity Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Lawrence M. Baytos 06/28/05 02/04/07 2 Years
252 Cheshire Way 592-1398 01/09/07 02/04/09 2 Years
Naples, FL 34110
E-Mail: audubull@comcast.net
District: 2
Category: Human Resources; Mgmt Strat; Productivity; Retired
Commissioner Tom Henning 774-8097 01/09/07 01/09/08 1 Year
3301 E. Tamiami Trail
Naples, FL 34112
E-Mail:
District: 5
Category: Vice-Chairman
Mr. John F. Barlow, Jr. 04/12/05 02/04/07 2 Years
,. '. 4351 Gulf Shore Blvd., N. #19N 649-6380 01/09/07 02/04/09 2 Years
Naples, FL 34103
E-Mail: johnbarlow@lerivage.net
District: 4
Category: BS Business Administration
Mr. Robert Dictor 01110/06 02/04/08 2 Years
141 Gulfport Ct. 389-2638
Naples, FL 34145
E-Mail: rdictor@prodigy.net
District: 1
Category: General Management
Mr. Robert C. Bennett 290-2331 03/28/06 02/04/07 1 Year
285-1 West Naomi Drive 352-0219 01/09/07 02/04/09 2 Years
Naples, FL 34104
E-Mail: robertbennett3@comcast.net
District: 3
Category: Executive Leadership; Utilities Mgmt
W;~d~;"J;;;;~~";!/lit2oo7"'~''"'''''='''';'-';''''.''' ;C.;-"","",'"
"-'~':"i~~,~:,<;tV.:::tC"7~::;:'{~';~':~;_~:'4.,,::'_:fi~';~';"":t:,:::-,.J-T~',:- .
Page 1 ofi/
,..,,;;.,~,~~
County Government Productivity Committee
i\genda Item No. 9B
March 13, 2007
Page 5 of 16
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Janet Vasey 01112/99 02/04/00
4398 Longshore Way North 598-4378 01/10/06 02/04/08
Naples, FL 34119
E-Mail:
District: 3
Category: Budget & Financial Anaysis; Operations Research
Mr. Joe Swaja
460 Battersea Court
Marco Island, FL 34145
E-Mail: joeswaja@comcast.net
District: 1
Category: Executive Leadership
262-7100 06/06/06
394-4599
02/04/08
c
Mr. Sydney E. Blum 594-7880 10/14/03
12930 Positano Circle #305 261-1855 01/09/07
Naples, FL 34105
E-Mail: eescool@earthlink.net
District: 4
Category: Job costing; Mgmt Styles, Efficiency Training
02/04/05
02/04/09
Dr. James Alward Van Fleet
184 Spring Lake Circle
Naples, FL 34119
E-Mail: javanfleet@msn.com
District: 3
Category: Ph.D. Economics
04/12/05
348-8162 01109/07
02/04/07
02/04/09
Mr. Stephen A. Harrison 821-5180 01/27/04
4255 Gulf Shore Blvd, N. #1506 821-5180 01/10/06
Naples, FL 34103
E-Mail: s-harrison@comcast.net
District: 4
Category: EconomicslFinancelMarketing/CP A
02/04/06
02/04/08
(
,- -_'-';"'1':';' - '---;'!:~!if~-~:C:~ _-_.'7:A..~"'::__'_"~~".\:'.t:c;r~;':~;'~,:c~_~.i'",,\:,:;"IC: -~.~~_'~~'-:;:',' .,,' .-- ;:'"-,<-;:,:~"7:;:',,"~":,.,lf.'-::: '.,:'~';:-~:::'::'';:_.'~ - :...~~- -:::::S"i.-;~-_---.:r;.,;.-'- '-'s..,~:.
Wednesday, January 10, 2007 ... Page 2 of4
1 Year
2 Years
2 Years
1.5 Years
2 Years
2 Years
2 Years
2 Years
2 Years
\,
County Government Productivity Committee
Work Phone Appt'd Exp. Date
Home Phone DateRe-appt 2ndExpDate
Ms. Colleen M. Kvetko 1~V"'.tJ1"\ 272-3483 01110/06
6623 Glen Arbor Way ~e~ I..lD 353-0129
Naples, FL 34119 VI
E-Mail: gogirlnap1es@ao1.com
District: 3
Category: Operations Researcb/GovemmenVHuman Resources
Name
Mr. Bradley A. Boaz 403-6712 01/10/06
2185 Outrigger Lane 659-7006
Naples, FL 34104
E-Mail: dxdotcom@earthlink.net
District: 4
Category: GovemmentIHuman Resources
:;tt;:l;~. :;: ';,r.: _:~~'.: _ - -,~:;'-:'. .. ::-.:':,::;',:,m;;-:', -.:.J-'.."Ii:.W:1'i; ";':'~;'L"',':i"i~""/<tij'};-;::.';
Wednesday, January 10, 2007
02/04/08
02/04/08
Agenda Item No. 98
March 13, 2007
Page 6 of 16
Term
2nd Term
2 Years
2 Years
Page 3 of"
. 'A_ < :~,., - 7.,r,; . - .",,'-':-' ~_"~,,:,':;:':C:.'..~'_' ';""'?Zj-': :.._ "I"!,:::': _~ ?!.<'::_ _ __ ~;Z'
,/.
I
c_
Agenda Item No. 98
March 13, 2007
Page 7 of 16
County Government Productivity Committee
Name
Work Phone
Home Phone
Term
2nd Term
Appt'd Exp. Date
DateRe-appt 2ndExpDate
This 11 member committee was created on 01/20/91 by Ord. No. 91-10 (amended by Ord. No.
93-13, 96-10 & 2001-37). The committee is composed of 11 members, with the vice chair of the
BCC serving in a liaison capacity. Committee members are required to possess special
expertise and experience related to managing large organizations. and must be balanced in
representing the views of the community. The committee reviews the efficiency of departments
of County Government under the jurisdiction of the BCC. The committee may analyze and
review existing structure, organization, staffing, management, functions, business practices, and
procedures of any or all parts of county government and make recommendations for increased
efficiency and cost-effectiveness. They may also assist in the implementation of those
recommendations. Terms are 2 years.
7/25/06 - Amended by Ord. 2006-38 Section two. four, fIve, seven, and eight.
FL STAT
.
Staff: Mike Sheffield, Assistant to County Manager: 774-8383
- ~':,:,',::.:nc:::.:'.,~'-':,.:::;:.:::-::__. _ -~::';" -~ .,-,,_ _~: .:-. :~~:-r.';;.
. ,-:-,~ '~::j';t::;':-:-
Page 40f4
Wednesday, January 10, 2007
Agenda Item No. 98
March 13, 2007
Page 8 of 16
MEMORANDUM
DATE: February 12,2007
TO: Elections Office
FROM: Sue Filson, Executive Manager
Board of County Commissioners
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
COUNTY GOV PRODUCTIVITY COMM
COMMISSION DISTRICT
Neno Spagna
3850 27th Avenue, S.W.
Naples, FL 34117
5
eX
~
Michele Ellis Harrison
16622 Cortona Lane
Naples, FL 34110
Georgia A. Hiller
153 North Street
Naples, FL 34108
Thank you for your help.
.,-......,.....,',\/'....:0->'.,'., <i't_
Page 1 of 1
Agenda Item No. 9B
March 13, 2007
Page 9 of 16
filson_s
From: Neno J. Spagna [neno@naples,net]
Sent: Wednesday I February 21, 2007 9: 1 0 PM
To: filson_s
Cc: Neno J. Spagna
Subject: Vacancy on Productivity Committee
Dear Sue: By now Mike Sheffield has probably notified you that the Productivity Committee did not recommend
me to the Board to serve on its Committee. This being the case, I would request that my name be withdrawn from
further consideration by the Board. I understand that the Board may appoint a Charter Committee to review the
desirability of creating a charter for Collier County. If this happens, I will volunteer to serve on it. Thanks again
for all the help you gave me in applying to serve on the Productivity Committee.
Thanks again, best wishes, Neno
2/22/2007
MEMORANDUM
Agenda Item No. 9B
March 13, 2007
Page 10 of 16
DATE:
February 12,2007
TO:
Mike Sheffield, Assistant to thej0 Manager
Sue Filson, Executive Manager \
Board of COWlty Commissioners 1
FROM:
RE:
County Government Productivity 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:
Neno Spagna
3850 27th Avenue, S.W.
Naples, FL 34117
Michele Ellis Harrison
16622 Cortona Lane
Naples, FL 34110
Georgia A. Hiller
153 North Street
Naples, FL 34108
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration.
Please include in your return memo the attendance records of the applicants 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
Advisory Board Application
filson_s
Page I of2
A:Jenda Item No. 9B
~ f'v1arch 13, 2007
Page11of16
From: Neno@naples.net
. Sent: Monday, January 29,20078:10 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 1/29/20078:10:19 PM.
Name: /Neno J. Spagna, DPA, AICpj Home Phone: /239-455-21681
Home Address: ~850 27 Avenue swj
City: lNaple~ Zip Code: ~
Phone Numbers
Fax: I Business: I
It e-Mail Address:lNeno@}naples.ne~
Work Place: !city of Naples, Florid~
How lon~ have you lived in Collier County: !more than 151
Have you ever been convicted of any offense a~ainst the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: !county Government Productivity Committee!
Category: /Not indicated!
Do you currently hold public offfice? ~
.
ast member Collier County Rural Lands Area Assessment Oversight Committee Past
ember and fIrst chairman of the Golden Gate Fire and Rescue District Advisory
ommittee Past Member and Chairman of the Collier County Airport Authority Past
ember and Chairman of the Collier County Water and Wastewater Authority Past
ember Collier County Fair Board. Past Member Collier County Citizens Advisory
ommittee, Evaluation and Review Committee, Collier County Growth Manapement
Do you currently or ever served on a Collier County Board or Committee? ~
1/30/2007
.t
--4f
--
Advisory Board Application Page 2 of 2
Agenda Item No. 98
March 13, 2007
Please list our communi activities: Page 12 of 16
olden Gate Citizen of the Year, 2004 Past President of the Golden Gate Estates Area
ivic Association Past member City of Naples Fleischmann Park Steering Committee,
hairman of the Program Committee Past Trustee, International College Foundation,
c., International College Organizer and founder, Naples-International College Rowin
lub (Naples Rowing Club.). State certified Guardian Ad Litem (inactive at this time).
ast President, Saint Vincent De Paul Society, Naples Council. Past Member Golden
ate Architectural Review Board.
Education:
octor of Public Administration, Nova University, July 1977. A.S. degree in Urban
anagement and Administration, Manatee Junior College (Manatee Community
ollege), May 1975. Graduated Summa Cum Laude, class rank of5 out of535
raduating students). Masters degree in Urban and Regional Planning, Universidad del
alle, Cali, Colombia, S.A., June 1966 (Organization of American States Scholar). MS
. Geography, Univ. of Tennessee, March 1954 BA in Biology, Univ. of Miami, Coral
ables, Fla., February 1951. Grades 9 through 12, Valparaiso H.S., Valparaiso, Indiana.
rade 8, St. Paul's Parochial School, Valparaiso, Indiana. Grades 1 through 7, Wheeler
S, Wheeler, Indiana.
1/30/2007
filson_s
Page 1 of2
Agenda Item No. 98
March 13, 2007
Page13of16
Advisory Board Application
--
From: mharrison@gatesmcvey.com
Sent: Thursday, January 25,20078:23 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 1/25/20078:22:33 PM.
Name: !Michele Ellis Harriso~ Home Phone: ~39-593-00411
Home Address: 116622 Cortona Lan~
City: lNaple~ Zip Code: IElill
Phone Numbers
Fax: ~39-449-49151 Business: t239-580-988~
_ e-Mail Address:lmharrison~gatesmcvey.coml
Work Place: pates McVey Capital Group!
How lon~ have you lived in Collier County: Irnore than 15\
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: ~roductivity Committe~
Category: !Not indicate~
Do you currently hold public offfice? ~
!Alternate on Affordable Housing!
Do you currently or ever served on a Collier County Board or Committee? ~
. Please list our communi activities:
~eaderShiP Collier Class of 2007 2005 Naples ,AJea Board of Realtors Greater Naples
hamber of Commerce Board of Directors Current President of Collier Building
ndustry Assoc. Humane Society of Naples Habitat for Humanity Board of Directors
lorida Horne Builders Association Board of Directors Florida Board of Realtors Board
1/26/2007
Advisory Board Application Page 2 of 2
. f I d. . al Agenda I em No. 98
fDirectors National Association 0 Rea tors Boar of DIrectors NatIon Home Mar h 13,2007
uilders Association Pa e 14 of 16
Education:
'" !Bachelor of Science, Management MBAI
"-')
..
1/26/2007
Aoenda Item No. 98
~ March 13. 2007
Page 15 of 16
From: MHarrison@gatesmcvey.com
Sent: Thursday, February 15,2007 11 :26 AM
To: SheffieIdMichael
Subject: RE: Important-Please email information to me
Mike
Below is the information as I presented it in the online application. I printed it out from the
application, but was unable to read it all. This may not be the same, word for word.
Experience/Background
Vice President of Sales, Gates McVey Capital Group and broker for Gates O'Alessandro &
Woodyard, LLC.
Responsible for management of sales operations for billion dollar real estate and development
company.
Staff of 30 as well as 32 transactions specialists.
Past President of the Naples Area Board of Realtors with 5,500 members and presently President
of the Collier Building Industry Association which has 1400 business members.
Prior career experience has been in sale and marketing management for some of the largest
development companies in the market as well as the start up and management of my own
business on Cape Cod.
Michele Harrison
Vice President of Sales
Gates McVey Capital. LLC.
]2810 Tamiami Trail North
Naples, FL 34] 10
(T) 239.2]6.4257
(F) 239.449.4915
(C) 239.580.9889
mharrison@gatesmcvey.com
hltp:' 'w""w. gatesmcvey .com
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34J J2
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 98
March 13, 2007
Page 16 of 16
Application for Advisory Committees/Boards
Name: Georgia A. Hiller
Home Phone: 239-593-9103
Home Address: 153 North Street Zip Code: 34108
Fax No.: 239-431-5189 e-mail address: !!eor\:iahiller(@comcast.net
Place of Employment: Attorney - Self
Board or Committee Applied for: Productivity
How long have you lived in Collier County: 10-11 Years
Are you a registered voter in Collier County: Yes
Do you currently hold public office? No
Have you ever been convicted of any offense against the Law? No
Do you now serve, or have you ever served, on a Collier County board or committee? No
Please list your community activities:
Vice President - Pine Ridge Civic Association
Vice Chair - Pine Ridge Drainage Committee
County Volunteer
Education:
B.B.A. - International Business
B.S. - Accounting
M.B.A
C.P.A.
J.D.
Languages: English, French, German, Czech, Hungarian-limited.
Experience:
Big 6 Public Accounting - Auditor - Government and Banks
Nonprofit - CFO
Attorney - International and Complex Financial Transactions
PIMSe tlttJu:h /IIU' 1IIIdiDo1I. iIIfo~" you fed pertiIImt. This IIpplictdioII &ht1lll4 N fo....med III Sue F"rbtJlI, ~ MtmqB III
the Board ofCfJlllUy Collfllfi&&iollos, 3301 Elm TturrUuIIl Tndl, Ntq1/e$, FL 34112. 1fJ'Dfl wtrll, pleaufllXyt1IITllppiU:tlJ/mlto
(239) 774-3602 Dr e-moil to suefils(IIIiQ;Colliery(JI.. net. ThQllk you for volunteerillg to se",e the citkem of Collier Cormty.
EXECUTIVE SUMMARY
Agenda Item No_ 9C
March 13, 2007
Page 1 of 8
,,-
APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE BEAUTIFICATION
ADVISORY COMMITTEE
OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term expiring on
October 5, 2007, to the Golden Gate Beautification Advisory Committee.
CONSIDERATIONS: The Golden Gate Beautification Advisory Committee has 1 vacancy
due to a resignation. This 5 member committee assists the Board of County Commissioners in
handling the matters pertaining to the taxing district which was formed for the putpose of
beautification and maintenance oflandscape improvements within the road right of way as
described by ordinance boundaries. Terms are 4 years. A list of the current membership is
included in the backup.
Ginger Martin resigned on January 18,2007. A press release was issued and 1 resume was
received from the following interested citizen:
APPLICANT
CATEGORY
.ill[[ ELECTOR ADV. COMM.
None
Michael V. McElroy
Precinct #323 W/I MSTU
COMMITTEE RECOMMENDATION: Michael V. McElroy
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confirming the appointment. '
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MARCH 13, 2007
.--
Agenda Item No, 9C
March 13, 2007
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9C
Appointment of member to the Golden Gate BeautificatIon Advisory Committee
:~/13{2007 9:0000 AM
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
Date
BCC Office
2/26/2007 1 :41 :32 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Mana.ger
Date
County Manager's Office
2/23120074:55 PM
Agenda Item No. 9C
March 13, 2007
Page 3 of 8
~
TO: Sue Filson, Executive Manager
Board of County Commissioners
FROM: Tessie Sillery, Operations Coordinator
DATE: February 22, 2007
SUBJECT: Golden Gate Beautification MSTU
Recommendation to the Board for filling vacant position.
The Golden Gate Beautification MSTU has received and reviewed one application by the prescribed
deadline for its vacancy due to a resignation. The applicant was evaluated based on the potential
contribution to the Committee. The applicant represents Precinct #323, meets the criteria required to be
eligible and resides within the MSTU's district boundary.
The Committee recommends the following applicant for appointment to the vacant term as indicated
below.
TYPE OF
NAME APPOINTMENT
Michael v. McElroy Resignation - New
TERM
EXPIRES
FIELD OF EXPERTISE/CATEGORY
10-06-2007
Resident of Naples 16+ years. Presently works at
the NCH Medical Plaza.
Background - Graduated from High School, too
College courses through work. 10+ yrs in under-
ground utilities; public & private plant operations
Director, Facilities Maint. Director Building Mgr.,
Director of Security, Director of Housekeeping.
Please let me know if you need additional information.
Transportation Services Division
Alt. Transportation Modes Department
Agenda Item No. 9C
March 13, 2007
Page 4 of 8
(- Golden Gate Beautification Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Ginger Martin .,eJ. 455-1654 12/14/04 10106/07 3 Years
~r' 455-1654
5040 31st Avenue, s.w. 1
Naples, FL 34116 ,A\,I) J
E-Mail: XTRMOM@ao1.com
District: 3
Category: Precinct 326
Ms. Barbara Segura 821-3601 12/17/02 10106/06 4 Years
2343 41st Terrace, S.W. 348-8863 10/24/06 10/06/10 4 Years
Naples, FL 34116
E-Mail: segura515@cs.com
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 10/24/06 10/06/1 0 4 Years
~ Naples, FL 34116
E-Mail: jobnsonsaircondinc@earthlink.net
District: 3
Category: Precinct 323
Ms. Patricia Spencer 03/11/03 10/06/05 2 1/2 Year
5401 25th Place, S.W. 304-6886 09/27/05 10106/09 4 Years
Naples, FL 34116
E-Mail:
District: 3
Category: 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
( 'r;;;;;;:Sd;;;,"'()';;;;;;:'25:720(/;""",",C":"_:=---":'""~"~""eJC'Tc""",;w;,m"""'.~mc;,p:;;']'~71':' ~:,-,,,,""": ',.:' '. ,,,,""""."".,,,,,,,,,,,.,."'",,"""'''''''
(~
(
'-----
c__
Golden Gate Beautification Advisory Committee
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
Agenda Item No. 9C
March 13, 2007
Page 5 of 8
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.
Terms are 4 years.
FL STAT 125.01
.
Staff: Liz DeLeon, Transportation Operations Coordinator: 417-6081
ft"c :.:'~~tt:::-;.J<...~...2i:i1;ti,- ~.'__:7;l-_~~:':::-':Y;"-.oC.-:~:3:;::,.'V''':~~:;:<: ~ '-~~~~-::;;';',"':7_--_~:';if...-. -. -;-\:'7;",;;:,~~~'-;-;_:_~-:;::.::::7."-:?","_.:;r~\;-~.;s;::~2'7~_::
Wednesday, October 25, 2006 Page 2
-,.~
Agenda Item No. 9C
March 13, 2007
Page 6 of 8
MEMORANDUM
DATE: February 12, 2007
TO: Elections Office
FROM: Sue Filson, Executive Manager
Board of County Commissione
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
GG BEAUTIFICATION ADVISORY COMM
COMMISSION DISTRICT
Michael V. McElroy
1811 51st Terrace, S.W.
Naples, FL 34116
3
Thank you for your help.
...-..., rr.-.--".
rr~ r~')
MEMORANDUM
Agenda Item No. 9C
March 13, 2007
Page 7 of 8
DATE: February 12,2007
TO: Tessie Sillery, Transportation
FROM: Sue Filson, Executive Manag
Board of County Commissioners
RE: Golden Gate Beautification Advisory Committee
As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
Michael V. McElroy
1811 51st Terrace, 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 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
"
~
01/09/2007 11:22 2395433649
01/23/2987 09:53 12397743602
GRAHAMSOUTHFLORIDA
~ tFF'ICE
PAGE 01/01
Agen~m~o. 9C
Marcn 1':3~ 2007
Page 8 of 8
Board or CoUDty Com.miJskmen
>>tl ~ T___ T....
N...... n.. 34111
(23.9) TU-aOJr
Put (2D) 77"'360:&
Application for Advisory CommitteeslBoardJ
_ tUir~CI.1J1&ji'Uf .....- J.D :-,.['9' cfo
__:J!11 ~l){S\f 7e.Nr.e~ 4w' ~c.de: ~ 7<11/'
PuNo. GC/3 ...3,Q<; .....I'hoM1~f(/-I1{JI e-md....:~cSletJ~ .eM.
Ptue a!~7O*lt:
Boerd... c.,.**- ApplIed for. 6. (j. U ~ L .
~ (i"PPIi~Ic):~1M f,.r.~ (' ~~.
~ ("1 111' 'IP"......... . ~~..,...........
u- in....... yea ...... c.... C~ty~ y..... I b M.-s ,
~ Are)'M. ~ -Iter" CeIIier Couaty; Yet ~ No
Po yOII C1lI'nIItI1.... pablk ....1 v. No ~'
It-. WIIlIt.am..,
J
Have Y08 efti' bell coavkted 01.., otl'.... apiD. die L."1 Yl:S
If,..... _
Do,.. 11ft ~ or bw,.. .... .......... c.... CMcItJ ........~, y..
U)'tI, ,..... lit tile ........".,.
,N9 ~'
"* .,/"'
........ YVW''''''''''' .Mho...<......,. .....bo....... .....a..... lite. aDd .-11....
beIcl:
,..
W.d.~ 1-/.(1'" ~<\(" J.oo( i CA:.ltt"i e,. f"..41r..a--J''-' ~I(-
,...............,.- I" 1M""''''''''''''' '"* '[~ 'fM....",,,.~~$w,.,,,.,,.....,,,,iti-iiii;;,;-"-
"'d__f/f~c. . ~ r...JNI...r...,.....~I".t.ullt.l/,..wIi4"..,,,.,..,1JJi fi lit
flJIJ.,.,.,.,........ - -... 1-"'-' ....~Jw' rrr'u....__......,~~
EXECUTIVE SUMMARY
Agenda Item No. 90
March 13, 2007
Page 1 of 18
",.,,""'"
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY AIRPORT AUTHORITY
OBJECTIVE: To appoint 2 members to fulfill the remainder of a vacant terms: 1 expiring on
August 10, 2007, plus a full 4 year term expiring on August 10, 2011, and 1 expiring on August
10, 2009 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 ofImmokalee, 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.
Robert E. Doyle, Jr. resigned on January 25, 2007. A press release was issued and resumes were
received from the following 3 interested citizens:
,"'-'h
APPLICANT
CATEGORY
DIST ELECTOR ADV. COMM.
Michael Klein Management, Economics & 5 Yes None
Engineering/Everglades Resident
David R. Gardner Construction, Engineering & 1 Yes None
A viation/Marco Is land Resident
Monte Lazarus Law, Economics/Marco Island 1 Yes None
Resident
COMMITTEE RECOMMENDATION: Quasi-Judicial: no recommendation
NOTE: According to the current Airport Authority Ordinance No. 2004-06 at least one of the
appointments shall be from Marco Island.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the requests for
appointment, appoint 2 members, and direct the County Attorney to prepare a resolution
confirming the appointments.
,.-
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MARCH 13, 2007
Agenda Item No. 90
March 13, 2007
Page 2 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9D
Appointment of members to the Collier County Airport Authority
3/1312007 900:00 AM
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
Data
BCC Office
2/2612007 1 :41 :32 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
2/2612007 9:46 AM
~~1 AlRPo~
~~ ~..,~ COLLIER COUNTY AIRPORT AUTHORITY
{lj ~ 2005 Mainsail Drive Ste. 1
::J ~ ~ Naples, FL 34114-8955
a ::; (239) 642-7878
c;I ~ Fax (239) 394-3515
www.collieravlation.com
February 20, 2007
RECEI\/ED
p.r;::.r -, .', ').DO-
Cl.> i. ,', {
Sue Filson, Executive Manager
Collier County Board of County Commissioners
3301 E. Tamiami Trail
Naples, FL 34112
({(<r:lff'i f~';: C')U"t\' (.(:rr:1l1i~$iOner~
Dear Sue,
RE: Airport Authority Board
The Collier County Airport Authority has reviewed the applications for the above-
referenced Board, and has concluded that the following applicants are qualified to serve as
members on the board.
Applicant
Michael Klein
Area( s) of Expertise
Management, Economics and Engineering,
Everglades Resident
David R. Gardner
Construction, Engineering and Aviation
Marco Island Resident
Monte Lazarus
Law, Economics
Marco Island Resident
Please contact us at 642-7878 Ext. 34, if you need additional information from the Airport
Authority.
Thank you.
(.....f( (-. (- ,
, \. \.. LCJ.<L./
Theresa Cook
Executive Director
o Marco Island ExecutIve Airport
2005 MainsaIl Drive Ste 1
Naples FL 34114-8955
(239) 394-3355
(239) 642-5427 Fax.
o Immokalee Regional Alrpoirt
165 Airpal1<. BoLllevard
Immokalee. FL 34142
(2391657 -9003
(239)657-9191 Fax
D Everglades Airpark
PO 8ox889
650 E_C. Alrpar1-\ Road
Everglades City FL 34139
(239) 69~2778
(2391 159~3556 Fax
,(-'"
'-:;~:;:,:u.~4.;:r~'.':~l!::fr~,'..':':.::;: ::sur'P.."J;:";m"~:~'c__:c;,~;';:.'_:,-,~':,'3)i,n'!<;.;.';.l>','="':-;-;,;>,,,...-'_;:;e...,::~';':~'!i-:":,<~~-",".:.r~;':~- !~:~':'.M,r~_~~,',;7,M:>'=!'~;~\,:':~' -':~',:-__,:_~'~:.r.
Thursday, October 26, 2006 Page 1 of 3
r'
(~
Airport Authority
Agenda Item No. 90
March 13, 2007
Page 5 of 18
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
-
Mr. James A. Peterka {9Af\"'61. 768-4486 05/13/03
11 01 Edington Place r ~~.1 0 1 389-4262 09/13/05
Marco Island, FL 34145 I
E-Mail: jimpeterka@comcast.net
District: 1
Category: Public Affairs, General Business, Aviation
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 12/15104
~.~'f::~Z:;:;-e:.;~..<:;-,-.'__::- - -",=~'\.m;_~"~~?r-~~vit:.":,,,~~;,-,c, -~. ';-"_-'';.~:~,":;-.r.,,:-:sr,': ':-;,.,;:<.y:,~:c:~'
Thu~diY, Odo<b~ 26;2006 -' ..' Page
08/1 0105
08/10109
08/1 0/99
08/1 0/07
2 Years
4 Years
1 Year
3 Years
Agenda Item No. 90
March 13, 2007
Page 6 of 18
(
Airport Authority
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. 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.
Tom Palmer. County Attorney 774-8400
Board meets 2nd Monday of each month
FL STAT 330 & 333
.
Staff: Theresa M. Cook, Executive Director, Airport Authority: 642-7878
(':-. 'Tft;;;Sd;:;,Od::b:r;;."26,""i"006=-"="""'TXC-c",.."".""".,..,..,,,.,," ..".",,"',.,..,.,.,,"'. ,.P~;~"3~J'J' .:C.'. .."'....'..'"i';;..._'"1"""':"~0."'...7c..". ".""""
Agenda Item No. 90
March 13, 2007
Page 7 of 18
MEMORANDUM
DATE: February 12,2007
TO: Elections Office
FROM: Sue Filson, Executive Manager
Board of County Commissioners.
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
AIRPORT AUTHORITY
COMMISSION DISTRICT
Michael Klein
208 Allen Avenue - P.O. Box 5025
Everglades City, FL 34139
5
David R. Gardner
817 Giralda Court
Marco Island, FL 34145
I
Monte Lazarus
222 Wayerway Court, #202
Marco Island, FL 34145
)
Thank you for your help.
"', '-, 'r.' ';' ~
'--.'.1;'
. ' , ; ), ~ .;'. ~' :' ;: 1..-; i .:i
MEMORANDUM
Agenda Item No. 90
March 13,2007
Page 8 of 18
TO:
February 12,2007
Theresa M. Cook, Airport AUth~. ecutive Director
Sue Filson, Executive Manager "
Board of County Commissioner Y
DATE:
FROM:
RE:
Airport Authority
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:
Michael Klein
208 Allen Avenue - P.O. Box 5025
Everglades City, FL 34139
David R. Gardner
817 Giralda Court
Marco Island, FL 34145
Monte Lazarus
222 Wayerway Court, #202
Marco Island, FL 34145
Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to
serve as members on the authority, and I will prepare an executive summary for the Board's
consideration.
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
Advisory Board Application
filson_s
Page 1 of2
Agenda Item No. 90
March 13,2007
Page 9 of 18
-_._._"~--~".."-~-~._----_.,_.__.._~---.~._-----------"~--------,
From: nfn 19842@naples.net
__ Sent: Monday, January 29,20071:15 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 1/29/20071:15:24 PM.
Name: /Michael Klein! Home Phone: ~39-695-05951
Home Address: tz08 Allen Avenue - P.O. Box s02s1
City: !Everglades Cityj Zip Code: ~
Phone Numbers
Fax: I Business: ~03-3ss-64291
_ e-Mail Address:/nfn19842(Q}naples.ne~
Work Place: ISel~
How lon~ have you lived in Collier County: [IQI
Have you ever been convicted of any offense a~ainst the law? ~
Are you a registered voter in Collier County? Iy e~
Board 1 Committee Applied for: !Airport Adviso~
Category: !Not indicated!
Do you currently hold public offfice? ~
Do you currently or ever served on a Collier County Board or Committee? ~
.
ation
Education:
lBSc. Management & Economics: AAS Electronics: Paralegal certification: H&R Block
1/29/2007
Advisory Board Application Page 2 of 2
em No. 90
Sc. Management & Economics; AAS Electronics; Paralegal certification; H&R BMe h 13, 2007
ncome Tax Pa e 10 of 18
.,
J
~
1/29/2007
-
Board of County Commissioners
330] East Tamiami Trail
""aples, FL 341]2
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 90
March 13, 2007
Pa e 11 of 18
,
Application for Advisory Comlnittees/Boards
Name:_David R. Gardner
642-4410
Home Phone: _(239)
-
Home Address:817 Giralda Court_Marco Island FL
Code: 34145
Zip
Fax No .(239) 642-4410
address: _ annedavid 1@earthlink.net
Business Phone(239L289-5862
e-mail
Place of Employment:
Inc.
CEO Dave Gardner Contractor and Supply
Board or Committee Applied for:_Collier County Airport Authority, Marco Island
representative
Category (if applicable):
Example: Commission District, Developer, environmentalist, lay person, etc.
. How long have you lived in Collier County: Years_5
Months 1
Are you a registered voter in Collier County: Yes XXX ~o
Do you currently hold public office? Yes
If so, what is that office?
No XX
Have you ever been convicted of any offense against the Law?
If yes, explain:
Yes
No XX
Do you now serve, or have you ever served, on a Collier Count)' board or committee? Yes
If yes, please list the committees/boards:
No _XX
Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:_
Past President Kiwanis Club of Bourne, MA, Past President of Marco Island Lions Club,_MICA member,
member/officer Marco Police Foundation, Airport Support Network appointee of Aircraft Owner's and
Pilot's Association to Marco Island Airport._Past Commander of Mass. Wing, Civil Air Patrol, U. S. Air
Force,
with rank of Colonel. Member of Marco Island Post of Veterans of Foreign Wars._Past member Society of
American Military Engineers. Member of Southeast Mass. Police Chiefs Assoc.
. Education:
Bourne, MA high school, trade associated schools
Experience:_1948-1950 construction work. 1950-1953 combat medic Korean war. 1953-1967 police officer
""
-)
~
Agenda Item No. 90
March 13, 2007
Bourne, MA. 1967-present CEO of Dave Gardner Contractor and Supply Page 12 of 18
Inc.
Construction, repair and maintenance of pre-engineered buildings_and systems including offices,
warehouses, aircraft hangers, maintenance facilities, etc. Highway and taxiway construction. Underground_
utility installations including taxiway lighting, power and control wiring, water and wastewater systems.
Design, construction and operation of air-sparging/soil venting project for removal of 70,000 gallons of
jet fuel 100 ft below ground_for U. S. Air Force. Installed ILS system for U.S. Air Force._InstaUed weather
radar for U. S. Weather Bureau. Projects including roofing, industrial painting, construction and
rehabilitation
of buildings for many government agencies including Defense, Post Office, HUD, National Park Svc, Veteran's
Dept., Interior Department.
4,000 hour pilot w/multi-engine and instrument ratings.
Please attach any additional information you feel pertinent. This application shauld be forwarded to Sue Filson, Executive Manager to
the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34Jl2. lfyou wish, please fax your application to
(239) 774-3602 or e-mail tosllefilson(ii.co//ierI!OI..net. Thank you for volunteering to serve the citizens of Collier County.
Advisory Board Application
Page 1 of2
Agenda Item No. 90
March 13, 2007
Page 13 of 18
filson_s
-
From: bengoshi@marcocable.com
Sent: Thursday, January 25,200710:06 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 1/25/2007 10:06:25 PM.
Name: /Monte Lazaru~ Home Phone: 1239-394-41041
Home Address: 1222 Wayerway Court #2021
City: /Marco Island/ Zip Code: 1341451
Phone Numbers
Fax: 1239-394-41021 Business: ~39-394-4104I
_ e-Mail Address: !bengoshi@)llarcocable.comj
Work Place: /Monte Lazarus, Attorney at Lav.1
How lon2 have you lived in Collier County: !more than 151
Have you ever been convicted of any offense a2ainst the law? ~
Are you a registered voter in Collier County? Iy e~
Board / Committee Applied for: !collier County Airport Authority/
Category: !Not indicated/
Do you currently hold public otTfice? ~
!collier County Airport Authority Collier County Code Enforcement Board!
Do you currently or ever served on a Collier County Board or Committee? ~
-
Please list our communi activities:
oard of Directors, Lorenzo Walker Institue Foundation Marco Island Planning
oard Marco Island Charter Middle School Board of Directors
Education:
1/26/2007
-
...I
Advisory Board Application Page 2 of 2
Agenda Item No. 90
!university of Wisconsin, B.A. Economics (cum laude) Yale Law School, J.D.I March 13, 2007
Page 14 of 18
-,
1/2612007
.
.
.
PRE S S
Agenda Item No. 90
March 13, 2007
Page 15of18
R E LEA S E
FOR IMMEDIATE RELEASE
June 23, 1993
The Collier County Board of Commissioners is seeking applications
for positions on the newly established Collier County Airport
Authority.
This 7 member Authority was established by Ordinance No. 93-36. The
Authority shall be responsible for the construction, enlargement,
improvement, equipment, operation, maintenance, and regulation, as
authorized by the ordinance, of the three airports located in or
about Immokalee, Marco Island, and Everglades City, in Collier
County, Florida. At least one member of the Authority shall be
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.
Members of the advisory committees must be residents and electors of
Collier County. Residents interested in applying for the advisory
committee positions are requested to submit a letter and brief
resume to the attention of Mrs. Sue Filson, Administrative
Assistant, Board of County Commissioners, 3301 Tamiami Trail East,
Naples, Florida 33962. The deadline for acceptance of resumes is
July 16, 1993.
# # #
----
..- ; 'I
';
Agenda Item No. 90
March 13. 2007
Medi<!tfa~~ ~iY.a~~n
1395 Panther Lane. Suite 300
Naples, FL 34109-7874
--
DOYLE CONFLICT RESOLUTION, INC.
Office 239.434.4954
Mobile 239.293.5031
Fax 239.263.6104
RDoyle@DoyleResolution.com
.www.DoyleResolution.com
January 25, 2007
Stephen Price, Chairman
Collier County Airport Authority
c/o Florida Community Bank
1400 15th Street North
Immokalee, FL 34142
:t", :?,,;.:-
';. ;~ ~~..
.' '"
'.:~ i'-,
.. ~ "' "\.;
~vJ2.._.-
RE: Collier County Airport Authority
Dear Chairman Price:
I write to tender my resignation as a member of the Collier County Airport
Authority Board. It has been my pleasure to serve the Authority and the citizens of
Collier County as a member of the Board, including my two terms as Chairman. Because
of community and business commitments, I can no longer devote the time necessary to
Board responsibilities.
Collier County is fortunate to have citizens who give so freely of their time and
talents as do the members of the Airport Authority Board. It was an honor to serve with
members who always put the interest of the community first. Never once, as a member
of the Board, did I see any member make any comment or take any action that was for
personal gain and I am proud to have served with you.
The Collier County Airport Authority is poised to move to a new level with the
development of Florida Tradeport and I will follow your progress with great interest.
Although I would like to be relieved of my responsibilities as soon as possible, I realize
that the Board is short a member as a result of the resignation of Jim Peterka Therefore,
I am willing to continue my service until a replacement can be made by the Board of
County Commissioners.
RED/mr
.
Agenda Item No. 90
March 13,2007
Page 17 of 18
Stephen Price, Chairman
January 25,2007
Page Two
cc: Collier County Board of County Commissioners
Commissioner Frank Halas, Chairman
Commissioner Jim Coletta, Vice Chairman
Commissioner Fred W. Coyle
Commissioner Donna Fiala
Commissioner Tom Henning
Collier County Airport Authority Board
Richard Schmidt, Vice Chairman
Theresa Cook, Executive Director
Jim Peterka, Secretary
Gene Schmidt
Byron Meade
Harold Mays
Tammy Nemecek, President
Economic Development Council of Collier County
Agenda Item No. 90
March 13, 2007
Page 18 of 18
James A. Peterka
1101 Edington Place
Marco Island, Florida 34145-2000
~_-'L
Voice/Fax: 239.389.4262
e-mail: jimpeterka@comcast.net
January 4, 2007
The Honorable Donna Fiala
Collier County Government Complex
Administration Building, Third Floor
3301 Tamiami Trail E.
Naples, FL 34112
Dear Commissioner Fiala:
It is with sadness that I request you approve my resignation from the Collier County
Airport Authority Board, effective immediately. As you are aware, I was diagnosed with
ALS, also known as Lou Gehrig's disease, shortly after I was appointed to fill the vacant
Marco Island Board position. My condition has deteriorated to the point that I can no
longer adequately perform my duties and responsibilities.
It has been an absolute pleasure working with you and the other members of the
County Commission and staff, the County Manager and his staff, Teresa Cook and the
employees of the Authority and especially the other members of the Board. Together we
have made many positive changes to the County's Airports, but more importantly, to the
perception of the management of these airports by the citizens of Collier County. Thank
you for your confidence in me and the other members of the Board, and I wish you all
well.
Sincerely,
I!!:. Peterka
ce: The Honorable Frank Halas
The Honorable Jim Coletta
The Honorable Fred W. Coyle
The Honorable Tom Henning
Ms. Teresa Cook
bee: Ms. Sue Filson
EXECUTIVE SUMMARY
Agenda Item No. 9E
March 13, 2007
Page 1 of 11
,....-
APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL
OBJECTIVE: To appoint 1 member representing the Technical category to fulfill the
remainder of a vacant term, expiring on April 13, 2010, to the Environmental Advisory Council.
r-
CONSIDERATIONS: The Environmental Advisory Council has 1 vacancy due to a
resignation. This 9 member, (plus 2 alternate members) council acts in an advisory capacity to
the Board in matters dealing with the regulation, control, management, use or exploitation of any
or all natural resources within the County, and the review of all land development petitions
which require an environmental impact statement (EIS) per section 10.02.02 A of the Code, all
developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical
State Conceml Special Treatment zoning overlays, areas of the county covered by interlocal
agreements, any petitions which cannot be resolved between the applicant and staff. The
membership will include technical and non-technical members. Technical members shall
demonstrate evidence of expertise in one or more of the following areas related to environmental
protection and natural resources management: Air Quality, Biology (including any of the
sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes.
Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning,
Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife
Management, or other representative areas deemed appropriate by the Board such as, but not
limited to, a representative of the development community. Alternate EAC members will be
requested to attend meetings when regular EAC members have notified staff that they will be
absent. Alternate members will participate in discussions and vote when replacing a regular
member. Alternate members must be technical members that can demonstrate expertise in
environmental protection and natural resource management. Terms are 4 years. A list of the
current membership is included in the backup.
James Gregory Harcourt resigned on February 8, 2007. A press release was issued and resumes
were received from the following 2 interested citizens:
APPLICANT
CATEGORY
DIST ELECTOR ADV. COMM.
None
None
Llewellyn Williams
Richard W. Miller
Technical
Technical
COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: That the Board of County Commissioners consider the requests for
appointment, appoint 1 member, and direct the County Attorney to prepare a resolution
confirming the appointment.
,-
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MARCH 13, 2007
Agenda Item No. 9E
March 13,2007
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9E
Appomtment of member to the EnVIronmental AdvIsor)' Council.
3/13/2007 900:00 AM
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
Bee Office
212612007 1 :41 :32 PM
Approved By
Leo E. Ocho, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/1/20074:06 PM
Agenda Item No. 9E
March 13, 2007
Page 3 of 11
Memorandum
To:
Sue Filson, Executive Manager, BCC
From:
Summer Araque, Senior Environmental Specialist - Environmental Services
Department
Cc:
Barbara Burgeson and Susan Mason, Environmental Services Dept.
Date:
February 28, 2007
Subject:
EAC applications
I have reviewed the applications from Llewellyn Williams, PhD and Richard W. Miller for the vacant EAC
positions. The following is a brief outline of each applicant's qualifications. The applications, email and
brief telephone conversations were used to provide the following information.
Llewellyn Williams, Ph.D. is a qualified technical applicant Currently serves as a consultant to the U.S.
EPA. She has a Bachelor's degree in Zoology (minor in Chemistry) from Drew University. She also has a
Doctor of Philosophy in Aquatic Ecology from Rutgers University. Or. Williams had a 28 year career with
the U.S. EPA as a senior scientist in areas of eutrophication, biological method development, quality
assurance, environmental measurement and monitoring. She also has over 100 peer-reviewed
publications in the areas of eutrophication and nutrient dynamics, environmental measurement
technology, and sampling design. Dr. Martin has had Instructor and Professor level academic positions at
Rutgers University, Fordham University, and University of Nevada teaching environmental science,
limnology, phycology, and ecology.
Since retirement, Dr. Martin has run workshops for the Director General of the Environment in Malaysia.
She has lived in Collier County for 3 years and is currently involved in the community as a docent at the
Nature Discovery Center and as an independent scientific contributor to the Gulf of Mexico Alliance.
Richard W. Miller is a qualified technical applicant He has a Bachelor of Science in Civil Engineering
from the University of Illinois. He also has a Master-of-Arts degree from the University of Illinois in an
environmental affairs and administration curriculum that covered environmental history, chemistry,
geography, laws. He is licensed as a Professional Civil Engineer in FL, IL, CA, and as a Structural
Engineer in IL.
Mr. Miller has 35 years experience as a practicing geotechnical engineer. His academic background
includes hydraulics and hydrology, water and wastewater treatment, and engineering geology. As a
practicing civil engineer he was responsible for the design of projects, including, on occasion, permitting
through local, state and federal agencies. He performed wastewater testing for compliance with discharge
standards, wrote environmental assessments and impact statements for transportation projects and
communication towers.
The last few years of his employment he specialized in consulting with railroads, a practice that included
design and permitting for environmental cleanups and new facilities (including fueling stations and
intermodal facilities) railroad relocation thru agricultural areas and woodlands. Mr. Miller retired from full-
time practice in 1998, but is still employed part-time as a special consultant on railroad projects.
Call me at 530-6290 if you have any questions. Thank you very much.
Environmental Services Department
Community Development & Environmental Services Division
Agenda Item No. 9E
March 13, 2007
Page 4 of 11
( Environmental Advisory Council
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. James Gregory Harcourt 649-3339 04/25/06 04/13/1 0 4 Years
547 Huntington Drive ~ ~ 254-8742
Naples, FL 34109 re.s161"~v1l1
E-Mail: drharclourt@ao1.com ~
District: 2
Category: Technical- Geology
Ms. Judith M. Hushon 04/13/04 04/13/08 4 Years
1659 Chinaberry Court 643-6222
Naples, FL 34105
E-Mail: judyhushon@aol.com
District: 4
Category: Technical - Biology
Mr. Nick Penniman 04/12/05 04/13/09 4 Years
611 Portside Drive 261-7292
Naples, FL 34103
E-Mail: ngpn@ao1.com
District: 4
Category: Technical-Environmental
Mr. WilliamW. Hill 11/29/05 04/13/10 4+ Years
5928 Cranbrook Way, D205 774-4412
Naples, FL 34112
E-Mail: billhill44@aol.com
District: 1
Category: Technical - Professional Engineer
Mr. Roger Jacobsen 213-7121 01/09/07 04/13/11 4 Years
146 San Salvador Street 642-9618
Naples, FL 34113
E-Mail: Ijacobsen@naplesgov.com
District: 1
Category: Non-Technical
~,:,':;S;:'~-"~::'f:::'""~C~~:}:~:..",:.:'1~~'::'':'.',~$'<.+~;;;:;:,~~""',~:;:!.-,~:..;;~"~'i"T~Z'iK ';-I.'::::;':~.G;~;::':;'.",.': ,-,,;:,,::::.,.;g.,;~ ::i~:)lt.:;;..~~,,'.:':~:.,:,!,,:_.~~~:~;~
Wednesday, January 10, 2007 Page 1 of3
Agenda Item No. 9E
March 13, 2007
Page 5 of 11
/--'-. Environmental Advisory Council
(
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. William W. Hughes 435-1188 04/13/03 04/13/07 4 Years /
4501 Rosea Court 435-3923
Naples, FL 34104
E-Mail: hughesco@earthlink.net
District: 4
Category: Technical-Water Treatment & Hazardous Waste
Mr. Terrence Scott Dolan 498-8533 06/14/05 04/13/09 4 Years
581 19th Street. N.W. 455-5777
Naples, FL 34120
E-Mail: terreydolan@wcicommunities.com
District: 3
Category: Technical-Land Use Planning
Mr. Michael V. Sorrell 353-5932 06/11/02 04/13/03 10 Mos. ,,/
2335Wilson Boulevard, N. 571-7781 04/13/03 04/13/07 4 Years
r'- -
( Naples, FL 34120
E-Mail: www.colliersportsman@hotmail.com
District: 5
Category: Non-Technical - Owner Lawn Service
Mr. Lee Horn 287-5044 01/11/05 04/13/08 3 Years
2225 Malibu Lake Circle, #621 287-5044
Naples, FL 34119
E-Mail: sportslem@ao1.com
District: 3
Category: Non-Technical - Business Finance and Marketing
(
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Wednesday, January 10, 2007
Page
of3
'-=-:~~~.~;;;m~7~:;;:::";::~:- .-~'-_-::';:m!:,c.:"'" C:';':;',_S{,
Agenda Item No. 9E
March 13, 2007
Page 6 of 11
Environmental Advisory Council
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 9 member council acts in an advisory capacity to the Board in matters dealing with the
regulation, control, management, use or exploitation of any or all natural resources within the
County. and the review of all land development petitions which require an environmental impact
statement (EIS) per section 3.8 of the Code, all developments of regional impact (DRI). lands
with special treatment (ST) or Area of Critical State Conceml Special Treatment zoning overlays,
areas of the county covered by interlocal agreements, any petitions which cannot be resolved
between the applicant and staff. The Board should consider a membership guideline of six (6)
technical and three (3) non-technical members. Technical members shall demonstrate evidence
of expertise in one or more of the following areas related to environmental protection and natural
resources management Air Quality, Biology (including any of the sub diSCiplines such as botany,
ecology, zoology. etc.), Coastal Processes, Estuarine Processes. Hazardous Waste,
Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid
Waste, Stormwater Management, Water Resources, Wildlife Management, or other
representative areas deemed appropriate by the Board such as, but not limited to, a
representative of the development community. This is a Quasi-Judicial Committee. After initial
appointments, terms are 4 years.
FL STAT
.
Staff: SUS6f1 Mason, Senior Environmental Specialist 2'13-2~87
5t.JJ?1~r 6, fJra}ve.. $30-(;;;.90
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Wednesday, January 10, 2007 Page 3 of 3
''''-.''''~- -.:l:a;;;"T_~~,l'JZf;e;::,.:'_ ~-;'::.{Il
Agenda Item No. 9E
March 13, 2007
Page 7 of 11
MEMORANDUM
DATE: February 12,2007
TO: Elections Office
FROM: Sue Filson, Executive Manager
Board of County Commissioner
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.
ENVIRONMENTAL ADVISORY COUNCIL
COMMISSION DISTRICT
Llewellyn Williams
3824 Jasmine Lake Ct
Naples, FL 34119
3
o
Richard W. Miller
6067 Fairway Court
Naples, FL 34110
Thank you for your help.
~~r""'.~
. .~
, ,.....~
;-,.,!!...j.:,<j;~;;..':-:::;
MEMORANDUM
Agenda Item No. 9E
March 13, 2007
Page 8 of 11
DATE: February 12,2007
TO: Summer B. Araque, Senior Env'
FROM: Sue Filson, Executive Manager
Board of County Commissione
RE: Environmental Advisory Council
As you know, we currently have 2 vacancies on the above-referenced council. 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:
Llewellyn Williams
3824 Jasmine Lake Ct
Naples, FL 34119
Richard W. Miller
6067 Fairway Court
Naples, FL 34110
Please let me know, in vroting 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
--
-
--
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Agenda Item No. 9E
March 13, 2007
Page 9 of 11
Application for Advisory Committees/Boards
Name:_LleweUyn Williams, Ph.D.
Home Phone: 239-592-9852
Home Address:3824 Jasmine Lake Ct
Zip Code:_34119
Fax No._592-9852_ Business Phone:_ e-mail address: H2asllewell(iVcomcast.net
Place of Employment: _Retired
Board or Committee Applied for:_Environmental Advisory Committee
Category (if applicable ):_Retired Science Advisor, U.S. Environmental Protection Agency_
Example: Commission District, Developer, environmentalist, lay penon, ett:.
How long have you lived in Collier County: Years_2
Months _8
Are you a registered voter in Collier County: Yes _ x
No
Do you currently hold public office? Yes
If so, wbat is that office?
No_x
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, on a Collier County board or committee? Yes
If yes, please list tbe committees/boards:
No_x
Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:_ Serve
on the Board of Directors of the Naples Fishing Club, Docent to the Nature Discovery Center, Independent
scientific contributor to Gulf of Mexico Alliance, _
Education:_Degrees: Drew University - Bachelor's degree in Zoology (minor in chemistry); Rutgers
University - Doctor of Philo sop by (aquatic ecology)
Experience:_28-year career witb the U.S. EPA as a senior scientist in areas of eutrophication, biological
method development, quality assurance, environmental measurement and monitoring; Science Advisor to tbe
Director of U.S. EPA's National Monitoring Laboratory; Instructor- and Professor-level academic positions at
Rutgers University, Fordham University, and University of Nevada-Las Vegas teaching environmental science,
limnology, phycology and ecology. Over 100 peer-reviewed publications in the areas of eutrophication and
nutrient dynamics, environmental measurement tecbnology, sampling design. Since retirement - Have run
multiple workshops for the Director General of the Environment, Malaysia; serve as a consultant to the U.S
EPA.
Pkase tIlIlU:Ir IlI9' IUIditioIUZl information you fed pertinent. This appliadion slwuh/ be forwarded w Sue FIIsoIl, Executive MtuUlIfer to
tire Board of County CommissUJners, 3301 East TtUPIiami Trail, NfI/Iles, FL 34112. IfYOIl wisll,pl_efaxyour fl/lplicatiDn to
(239) 774-3602 or e-mail tosudilsonra;colliet.1!(/1..net. Thank you for volunteering to serve tire citizens of Collier County.
Advisory Board Application
filson_s
.,
From: RWMCnsltg@aol.com
Sent: Wednesday, January 24, 2007 11 :00 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted
Advisory Board Application Form
Collier County Government
3301 E. Tamiami Trail
Naples, FL 34112
(239)774-8999
Application was received on: 1/24/2007 11 :00:26 AM.
Name: /Richard W. Milleq Home Phone: 1239-594-864q
Home Address: ~067 Fairway Court!
City: lNaple~ Zip Code: IEITQI
Phone Numbers
Fax: ~39-594-03141 Business: I
) e-Mail Address:IRWMCnsltg@aol.com/
Work Place: lRetired!
How long have you lived in Collier County: ~
Have you ever been convicted of any offense against the law? ~
Are you a registered voter in Collier County? ~
Board / Committee Applied for: /Environmental Advisory Board!
Category: !Not indicated!
Do you currently hold public offtice? ~
Page 1 of2
Agenda Item No. 9E
March 13, 2007
Page 10 of 11
~
Do you currently or ever served on a Collier County Board or Committee? ~
Education:
IB.S. Civil Engineering. University of Illinois. 1960; M.S. Civil Engineering.
1/24/2007
--
--
.
Advisory Board Application
- .,..... -
otechnical and Structural Engineering, University of Illinois, 1962; M.A.
nvironmental Affairs, Sangamon State University (Now University of Illinois
S rin field, 1976
1/24/2007
Page 2 of2
enda Item No. 9E
March 13,2007
Page 11 of 11
-
Agenda Item No. 9F
March 13, 2007
Page 1 of 6
EXECUTIVE SUMMARY
APPOINTMENT OF MEMBERS TO THE HEALTH PLANNING COUNCIL OF SOUTHWEST
FLORIDA, INC.
OBJECTIVE: To appoint 1 member representing a Consumer and 1 member representing a
Purchaser to serve two-year terms, expiring on March 12, 2009, to the Health Planning Council of
Southwest Florida, Inc.
CONSIDERATIONS: The Health Planning Council of Southwest Florida, Inc. is a private not-for-
profit corporation created under Chapter 408.033, Florida Statutes. This agency deals primarily with
health policy and the regulation of health care services throughout seven counties of Southwest
Florida. A Consumer member is an individual who is not a health care provider or a health care
purchaser. A Provider/Purchaser member is someone who delivers health services or who is a
member of an organization that delivers health services.
The Board of Directors meets four times per year, usually on the third Thursday of the month, for
about two hours. Some Board members assume committee responsibilities as their schedules allow.
A letter was received from Mr. Ed Houck, Executive Director of the Health Planning Council of
Southwest Florida, Inc. advising that the term for Larry H. Ray, representing a Provider, expired on
February 8,2007 and the term for Barry Williams, Purchaser, expired on February 8, 2007. Mr.
Houck is requesting that the following candidates be appointed for 2-year terms, expiring on March
12, 2009.
APPLICANT
CATEGORY
Marcy Krumbine - representing Collier County Human Services
William Crone -
Purchaser
Consumer
The membership committee is recommending the appointment of William Crone, representing the
Consumer category and Marcy Krumbine, Collier Government Human Services, representing the
Purchaser category to serve 2-year terms, expiring on March 12,2009.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMP ACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the recommendation for
appointment, appoint 2 members to serve 2-year terms on the Health Planning Council of Southwest
Florida, Inc., and direct the County Attorney to prepare a resolution confirming the appointments.
Prepared By:
Sue Filson, Executive Manager
Board of County Commissioners
-
Date:
March 13, 2007
Agenda Item No. 9F
March 13, 2007
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9F
Appointment of members to the Health Planning Council of Southwest Florida, Inc,
3/13/2007 9:00:00 AM
Prepared By
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
Date
Bce Office
3/5/2007 11 :58:31 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
315120074:34 PM
03/05/2007 04:51
2394336705
PAGE 02/02
Agenda Item No. 9F
March 13,2007
The Health Planning Council Of SOUth"lIest Florida, Inc. Page 3 of 6
8961 Daniels Center Drive, Suite 401 . Fort Myers, Florida 33912
(239) 433-6700. SUNCOM 731-6700. Fax (239) 433-6706
Sue Filson. Executive Manager
Collier County Board of Commissioners
3301 E. Tamiami Trail
Naples, Florida 34112
Dear Ms. Filson:
Our By-Laws state that the Board of Directors of The Health F~lanning Council of
Southwest Florida, Inc. will be appointed by each county's Board of County
Commissioners.
The two members of our Board of Directors from CoRier Courlty (BarTy Williams and
Larry Ray) have accepted other employment and resigned frt\m our Board.
Per our Board requirements we are requesting one purchaser and one consumer
appointment to our Board. At this time I am recommending:
· Ms. Marcy Krumbine
· Mr. William Crone
Thank you for your attention to this matter. If you have any questions please call me at
(239) 433--6700.
Sincerely, purchaser
C~?J--; ~
Edward W. Houck, CEO
03/05/2007 04:04
2394336706
The Health Planning Council of Southwest Fbrida, Inc.
Board of Directors
2007
Ka.rin G. Cole
Paul Erickson
Danny Halvatzis
Shannon Hall
Sharon Murphy
Robert Rosenbluth. MD
Anthony Triulzi
Martha E. Valiant, MD
Roger D. Ward
Robert A. Zack
PAGE El3/05
Agenda Item No. 9F
March 13, 2007
Page 4 of 6
03/05/2007 04:04
2394336706
PAGE 64/05
Agenda Item No. 9F
March 13, 2007
Page 5 of 6
{r)
Health Planning Council of Southwest Aoricila, lnc. (HPC)
The MiMion of the HetJlfh Planning CorJrd of Soutf'1w8:d Florida, Inc. is it:' PtolJ1Ote availa". fJf'Ik;ierrt. cost-
effective quaflty health sel'Vice$ for per.rons of SOUfti'll\Iest RotfdtJ.
The Health Planning Council of Southwest Florida, Inc. (HPC or the Council) was
authorized by Ronda Statute in 1982 to plan for the health care needs of the
residents of seven counties - Charlotte, Collier, DeSoto, Glades, Hendry, Lee
and Sarasota. The responsibility for planning for effic::.ient, cost-effective health
systems is shared with the Florida Department of Hea Ith (DOH), the Agency for
Health Care Administration (AHCA) and a Statewide network of 11 local health
councils.
TIle Council, through its Board of Directors brings togetlher interested consumers,
providers and purchasers of health services in a neutnill setting to collaborate on
developing and inplernenting plans and programs tel improve the health care
system for the area. HPC has a partnership with public health departments,
community health centers, state agencies, promens and consumers. HPC
provides health statistics and reports through quantiti:rtive data gathering, data
analysis, implementing focus groups and facilitating community meetings. HPC's
philosophy maintains that policies relevant to residenb:i' of Southwest Florida can
best be attained through partiCipatory processes.
HPC works to increase the availability and accessibility of data regarding health
needs and health services within the region. Consequt{.mtly, providing health data
remains a primary focus of the Council. Of particular ijnterest to the Council is to
improve access to health care for persons with limited financial resources and to
reduce disparities in health status.
HPC is committed to soliciting community involvement: for its planning initiatives.
In addition to its planning functions, HPC is the Lea,d Agency for the following
health-related programs: Early Intervention Program/Early Steps, which serves
children from 0-3 years old with developmental disabilities and their families in
Collier, Lee, Glades and Hendry counties; Ryan lNhite Tiffe /I, a patient care
program that serves clients with HIV/AIDS in all seven counties; Housing
Oppotfunities for Persons with AIDS (HOPWA) that pr'l)vides housing and offsets
utility costs for persons living with AIDS and the,ijr family/caregivers; AIDS
Insurance Continuation Program (AICP) that pays insurance premiums for those
not able to work due to the progression of the disE;!.ase; Community Planning
Partnership (CPP) that provides a forum for the aSSi!SSment of HIV prevention
education and strategies to meet identified needs.
03/05/2007 04:04 2394336706 PAGE 65/05
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RESOLUTION NO. 2007._
Agenda Item No. 9G
March 13, 2007
Page 1 of 2
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS TO URGE OUR FEDERAL
GOVERNMENT TO TAKE IMMEDIATE ACTION TO
OVERHAUL AND ENFORCE OUR IMMIGRATION LAWS
AND TO PROTECT THE UNITED STATES BORDERS
WHEREAS, the Federal Government has failed in its responsibility to enforce our
immigration laws and secure our borders. This failure represents a threat to the security of our
citizens and places an unacceptable financial burden on the hardworking taxpayers of Collier
County; and
WHEREAS, the Federal Government provides incentives and rewards which encourage
illegal immigration; and
WHEREAS, it is estimated that as many as 20 million immigrants are in our Country
illegally; and
WHEREAS, illegal immigrants place an unacceptable burden on our schools, healthcare
system, social services and law enforcement agencies; and
WHEREAS, 30% of the inmates of the Collier County Jail who have committed
misdemeanors or felonies are in our Country illegally. These criminals not only represent a risk to
our citizens but the costs of their apprehension, trial, and incarceration are borne by local
governments and taxpayers; and
WHERE.o\S, the incarceration of illegal immigrants costs Collier County taxpayers $8.5
million per year.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CO:MMlSSIONERS OF COLLIER COUNTY, FLORIDA, that the Board urges the Federal
Government to reject all forms of amnesty which would permit those who have violated our
immigration laws to remain in our Country or to become citizens of the United States.
BE IT FURTHER RESOLVED that the Board urges the Federal Government to eliminate
from our immigration laws those incentives which encourage and reward illegal immigration.
BE IT FURTHER RESOLVED that the Board urges the Federal Government to swiftly and
firmly enforce our immigration laws against illegal immigrants and those employers who hire them.
This Resolution adopted this 13th day of March 2007, after motion, second and majority
vote.
A TrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
JAMES COLETTA, CH.A..IRMAN
Approved as to form and legal sufficiency:
-,
David C. Weigel
County Attorney
Agenda Item No. 9G
March 13, 2007
Page 2 012
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
9G
Meeting Date:
~. ,esolullon of the Board of County Commissioners to u'ge our Federal Government to take
immediate action to overhaul our immigration laws and to protect our borders (Commissioner
Coyle)
3/13120079:00:00 AM
Prepared By
Paula Springs
Board of County
CommiSSioners
Executive Aide to the BCe
Date
BCC OIfice
317/2007 11 :46:42 AM
App roved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
BCC OIfice
3m2007 1 :04 PM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/712007 1 :21 PM
Agenda Item No. 9H
March 13, 2007
Page 1 of3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
".~-
Item Number:
9H
Meeting Dale:
A resolution of the Board of County Commissioners of Collier County, Florida to urge the
2007 Flonda LegIslature to renew their commitment to traffic safety and do all they can to
stop red light running. (BCC directive)
31131200790000 P,M
Item Summary:
Prepared By
Sue Filson
Executive Manager to the BCe
Dale
Board of County
Commissioners
BCC Office
2126120071:41:32 PM
Approved By
Leo E. Oehs, Jr.
Board of County
Commissioners
Deputy County Manager
Dale
County M ,mager's Office
3/1/20073:52 PM
-
Agenda Item No. 9H
March 13, 2007
Page 2 of 3
RESOLUTION NO. 2007-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO
URGE THE 2007 FLORIDA LEGISLATURE TO RENEW
THEIR COMMITMENT TO TRAFFIC SAFETY AND DO
ALL THEY CAN TO STOP RED LIGHT RUNNING.
WHEREAS, in 2003, the Florida State Highway Patrol reported over 300,000 motorists ticketed for
running red lights in Florida and further showed that red light runners caused 8,000 crashes resulting in
13,000 injuries, 115 deaths and $77 million in damages; and
WHEREAS, in 2005, Collier County adopted a resolution to urge Legislators to allow local
governments to use photographic traffic control systems in the enforcement of red light running violations;
and
WHEREAS, the use of photographic traffic control systems is supported by the Florida Insurance
Council, Florida League of Cities, Federal Highway Administration, Insurance Institute for Highway Safety
and many other local, state and national agencies; and
WHEREAS, it has been reported that automated photo enforcement has proven to reduce intersection
collisions by more than forty percent (40%); and
WHEREAS, the need to further enforce the prevention of red light running has arisen and should be
addressed statewide through the imposition of stiffer penalties for repeat offenders, public demonstrations to
show a commitment to support efforts to ban red light running, and educational and preventive measures; and
WHEREAS, the STOP Red Light Running coalition - many organizations and units of government
including, the Florida Insurance Council, the Florida Sheriffs Association, Florida League of Cities, SafeKids
of Manatee County, Manatee Chamber of Commerce, and the Mark Wandall Foundation have been
encouraging Governor Charlie Crist, members of the Florida Legislature and others to "STOP Red Light
Running!"and to prevent the senseless loss of lives on Florida's roadways.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that the Board respectfully requests and urges the Florida State Legislature
1
Agenda Item No. 9H
March 13,2007
Page 3 of 3
to provide legislation providing for automated photographic traffic control systems enforcement to prevent
Red Light Running at the local governmental level.
This Resolution adopted this 13th day of March 2007, after motion, second and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and legal sufficiency:
David C. Weigel
County Attorney
2
RESOLUTION NO. 2007-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS TO REQUEST THAT THE CLERK
PERFORM AN AUDIT OF ALL FUNDING IN THE
AFFORDABLE HOUSING PROGRAM.
,-
WHEREAS, on September 13, 2006 the Board of County Commissioners authorized (by
4 to 1 vote) for KPMG to audit our affordable housing program, to include all funds and to
include a performance audit; and
, WHEREAS, on October 13, 2006 KPMG presented a draft housing audit engagement
letter to the County Manager and on October 16,2006 the County Manager responded to KPMG
and advised that the Board of County Commissioner,s desired an extended review beyond the
scope included in the draft to include 1. "expenditures by major sub-recipient for the same period
are being used to produce results consistent with the sub-recipient agreements" and, 2. "a review
of the $98,000 (seed money) provided to the Housing Development Corporation (HDC) to be
reviewed for compliance with the agreed-to accomplishments and for the purpose consistent with
their mission." The County Manager also wrote: "Collier County has the authority to review all
records of the sub-recipients associated with our funding"; and'
WHEREAS, on October 18,2006 KPMG presented a revised housing audit engagement
letter to the County Manager. The second letter adds the wording from the County Manager's
October 16, 2006 letter to what County Manager has described as the Board's "expressed
specific desire". The October 18, 2006 KPMG's housing audit engagement letter was not
brought back to the Board for subsequent ratification; and
WHEREAS, the Board of County Commissioners would like to share their concerns that
every penny of affordable housing money has not been audited as requested by the Board; and
WHEREAS, State Statute 136.08 states: "Accounts subject to examination by authorized
persons.- The accounts of each and every board and the county accounts of each and every
depository, mentioned or provided for in this chapter. shall' at all times be subiect to the
inspection and examination bv the county auditor and by the Auditor General."
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that a request (and not a task) for the
Clerk, in his role as County Auditor, to perform an audit including all funding in the affordable
housing program.
1ms Resolution adopted this 13th day of March, 2007, after motion, second and majority
vote.
ATTEST:
DWIGHT E. BROCK, CLERK.
BOARD OF COUNTY COM:MISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
JAMES COLETIA, CHAIRMAN
Approved as to form and legal sufficiency:
.-
David C. Weigel
County Attorney
Agenda Item No. 91
March 13, 2007
Page 1 of 2
Agenda Item No. 91
March 13, 2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
91
A resolution of the Board of County Commissioners to request that the Clerk perform an audit
of all funding in the Affordable Housing Program. (Companion Item to be heard with KPMG
audit report and management responses related 10 Ihe Oclober 18. 2006 engagement letter
between Collier County and KPMG.) This item to be 11eard Immediately after Item 10E.
(Commissioner Henning)
Meeting Date:
3/131200790000 AM
Prepared By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
Bce Office
3/5/20073:07:24 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/7120079:30 AM
Agenda Item No. 10A
March 13, 2007
Page 1 of 22
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EXECUTIVE SUMMARY
To review the written and oral reports or the Advisory Boards and Committees
scheduled for review in 2007 in accordance with Ordinance No. 2001-55
OBJECTIVE: To determine if e~sting advisory boards and committees continue to address the
issues they were created for, continue to warrant the time and funding required to retain them, and
whether any adjustments are necessary.
CONSIDERATIONS: Ordinance No. 2001-55 was created to provide a regular mechanism for the
Board of County Commissioners to review all existing advisory boards every fourth year. There is a
rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in
any given year.
Each advisory board scheduled for review in 2007 previously provided the County Manager with a
written report that answers specific questions prescribed in the ordinance. Additionally the ordinance
calls for each advisory board to make an oral presentation to the County Commission during March of
the year in which they are to be reviewed.
In 2007, eleven (11) advisory boards are scheduled for review, of which the first six (6) will be
presented at the March 13, 2007 Board meeting, with the remaining five (5) to be presented at the
March 27, 2007 Board meeting. The six (6) advisory committees scheduled for review on March 13th
are listed below in the order of presentation:
........-
. Board of Adjustment and Appeals
. County Government Productivity Committee
. Development Services Advisory Council
. Emergency Medical Services Advisory Board
. Environmental Advisory Council
. Golden Gate Community Center Advisory Committee
FISCAL IMP ACT: In most cases the boards scheduled for review require only the staff time needed
to attend, prepare back up information, minutes and any additional information required by committee
members. At a minimum, an advisory board will normally cost $2,000 annually.
GROWTH MANAGEMENT IMPACT: There is no direct Growth Management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners review the written reports and
oral presentations of the boards and committees scheduled for review in 2007, and if applicable, direct
any revisions necessary to have the committees function as efficiently and effectively as possible.
A IT ACHMENTS: Six (6) Advisory Board/Committee 4-year review written reports
PREP ARE>> BY: Mike Sheffield, Assistant to the County Manager
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Agenda Item No. 10A
March 13, 2007
Page 2 of 22
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10A
Meeting Date:
This Item to be heard at 11 :00 a.m To review the written and oral reports of the AdvIsory
Boards and Committees scheduled for review In 2007 in accordance with Ordinance No.
2001-55. (Mike Sheffield Assistant to the County Manager)
3/13/2007 900:00 AM
Approved By
Leo E. Ocho, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
312120074:06 PM
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Agenda Item NO.1 OA
March 13, 2007
Page 3 of 22
MEMORANDUM
DATE:
February 8. 2007
TO:
Board of County Commissioners
FROM:
Mike S~~s~ounty Manager
Review of Advisory Committees for FY 2007
SUBJECT:
Attached are reports from the 11 advisory boards scheduled for review in March
2007.
In accordance with Ordinance No. 2001-55, the County Manager is required to.
deliver to the Board of County Commissioners, on or before February 15, the
written report submitted by the chairperson of each board, together with any staff
recommendation or comments regarding these committees.
The chairperson of each advisory board will make an oral presentation to the
Board at your regular meetings on March 13 and March 27, as indicated below.
During those oral presentations, you will have an opportunity to ask questions
regarding their reports.
March 13. 2007
Board of Adjustment and Appeals
Productivity Committee
Development Services Advisory Council
Emergency Medical Services Advisory Board
Environmental Advisory Council
Golden Gate Community Center Advisory Committee
March 27. 2007
Immokalee Enterprise Zone Development Agency
Immokalee Local Redevelopment Advisory Board
Library Advisory Board
Pelican Bay Services Division Board
Tourist Development Council
C:
Jim Mudd, County Manager
Leo OeM. Deputy County Manager
David Weigel, County Attorney
Sue Filson, BCC Executive Manager
Agenda Item NO.1 OA
March 13, 2007
Page 4 of 22
Advisory Committee/Board
Four-Year Review
By the Board of County Commissioners
For Fiscal Year 2007
Advisory Committee:
Board of Adjusbnent and Appeals
Chairman:
Currently Vacant
Staff Liaison:
Bill Hammond
Staff Agency:
Authority:
Submittal Date:
Building Review and Permitting
Land Development Code
January 17, 2007
FY 07 Review Date:
March 13, 2007
Last Review Date:
March 2003
The Board of Adjustments & Appeals does not meet on a regular schedule.
The board is only required to convene when a owner or his authorized agent
appeals an action by the Building Official, or when it is claimed that the intent
and meaning of the Building Codes have been wrongly interpreted.
1. Whether the Board is serving the purpose for which it was created.
Yes. The purpose of the Building Board is to provide a decision-making body through
which an owner of a building or structure, or his duly authorized agency, may appeal the
rejections or refusal of the building official to approve the mode or manner of
construction proposed to be followed, or materials to be used, in the erection or
alteration of that building or structure, or when it is claimed that the provisions of the
Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One, do not
apply, or that an equally good or more desirable form of construction can be employed in
a specific case, or when it is claimed that the true intent and meaning of such codes, or
any of the regulations there under, have been misconstrued or wrongly interpreted by
the building official.
2. Whether the Board is adequately serving cunent community needs.
Yes. Florida statute 553.73 requires code enforcement agencies to have a local
administrative board authorized to hear complaints by materially affected persons
1
Agenda Item No. 10A
March 13, 2007
Page 5 of 22
regarding the Florida Building code and Florida Fire prevention code. The Collier
County Board of Adjustment & Appeals meets this statutory requirement.
3. A list of the Board's major accomplishments for the preceding twelve-
month period.
Yes. The board met in 2005 and ruled on a case regarding a dispute between the Collier
County Fire Code Official and a local Fire Alarm contrador.
4. Whether there is any other Board or agency, either public or private, which
is serving or would better serve the purpose for which the Board was
created.
No.
5. Whether the ordinance creating the Board should be amended to allow the
Board to more adequately serve the purpose for which it was created.
The current language of the Land Development Code is adequate to address matters
brought before the Board.
6. Whether the Board's membership requirements should be modified.
No. The current language of the membership requirement for board members is
adequate to address matters brought before the board.
7. The cost, both direct and Indirect, of maintaining the Board.
The cost of the board is supported by fees.
Staff Comments:
The Board of Adjusbnents & Appeals does not meet on a regular schedule.
The board is only required to convene when an owner or his authorized agent
appeals an action by the Building Official. or when it is claimed that the intent
and meaning of the Building Codes have been wrongly interpreted.
2
Agenda Item No. 10A
March 13, 2007
Page 6 of 22
ADVISORY COMMITTEElBOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2007
ADVISORY COMMITTEE: I Productivity Committee
IA.
lB.
I C.
I D.
IE.
IF.
I G:
1H.
CHAIRMAN:
I John F. Barlow, Jr.
STAFF LIAISON: I Mike Sheffield
STAFF AGENCY: I County Manager's Office
AUTHORITY:
I Ordinance No.2006-38
I.
I
Collier County Ordinance 91-10 created the County Government Productivity Committee
to review the efficiency of departments of county government under the jurisdiction of
the Board. The ordinance was amended in 1993 and 1996, and was replaced by
Ordinance 2006-38 on July 25, 2006.
The Committee is composed of 11 members, with the vice chair of the Board of County
Commissioners serving in a liaison capacity. The members are appointed by resolution
of the Board of County Commissioners for a two-year term and must be permanent
residents and electors of Collier County. Committee members are required to possess
special expertise and experience related to managing large organizations, and must be
balanced in representing the views of the community. The committee reviews the
efficiency of departments of County Government under the jurisdiction of the Board of
County Commissioners. The committee may analyze and review existing structure,
organization, staffing, management, functions, business practices, and procedures of any
or all parts of county government and make recommendations for increased efficiency
and cost-effectiveness. The committee may also assist in the implementation of those
recommendations.
Regular Productivity Committee meetings are usually held on the third Wednesday of the
month at 2:00 P.M. in the County Manager's conference room on the second floor of the
W. Harmon Turner Administration Building.
Page 1 of4
Agenda Item NO.1 OA
March 13, 2007
Page 7 of 22
The current membership is composed of:
Chairman John F. Barlow Jr., Vice-Chair Dr. lames A. Van Fleet, Larry Baytos, Robert
Bennett, Syd Blum, Brad Boaz, Robert Dictor, Steve Harrison, Joe Swaja, Janet Vasey,
and BCC Liaison Commissioner Tom Henning.
1. Whether the CommitteeIBoard is serving the purpose for which it was
created.
The Productivity Committee responds to the requests for review and advice on matters
identified by the County Commissioners, and undertakes commentary only on those issues
which are directly related to such activities. Since these activities have in fact been
central to the efficient and effective functioning of County Government under the
Commissioners, the Productivity Committee can be described as directly serving the
purposes for which it was created by Ordinance.
2. Whether the Board is ad uate servin current communi needs.
The Board primarily reacts to requests by the Commissioners to review proposed and
pending actions. Select activities have included the impact fees studied and enacted in
2005, the ADIR documentation, in conjunction with the Planning Commission; and an
extensive examination of Efficiency and Effectiveness over an eighteen month period,
resulting in some thirty recommendations for substantial savings to the County electorate.
Inasmuch as the Productivity Committee serves in these capacities to advise the
commissioners on potential savings, cost-cutting and diverse means of providing the
public with better service at less cost, it is continuing to fulfill its mission and serving
current community needs.
3. List the Board's major accomplishments for the preceding 12-month
oeriod.
01. Reviews and examinations with County offices and officials as well as outside
consultants of all major impact fee studies enacted during 2005.
02. Completion of exhaustive Efficiency and Effectiveness study, undertaken during
the previous eighteen month period, with review of same with the Commissioners.
03. Undertaking with the Planning Commission studies and hearings, with resulting
recommendations, for the County ADIR.
04. Other activities have included issues related to "affordable" housing, contract
reviews, value engineering questions and diverse matters designed to promote
savings for County Government.
Page 2 of 4
Agenda Item No. 10A
March 13, 2007
Page 8 of 22
4. Whether there is any other Board or ageney, either publie or private,
whieh is serving or would better serve the purpose for whieh the
Board was created.
No existing Board, Committee or governmental agency duplicates the work of the
Productivity Committee. Its work. product is unique in County Government, and
substitutes the need for such an advisory/consultative entity which otherwise would be
paid for, with the valued judgments, assessments and advice of a thoroughly professional,
accomplished grouping of high-achieving community members volunteering their time
and energies for the benefit of the citizenry and its government.
5. Whether the ordinanee ereating the Board should be amended to
aHow the Board to more adequately serve the purpose for whieh it
was created.
The Governing Ordinance of the Productivity Committee was revised and updated in
2006. It is believed that the Productivity Committee can operate adequately and
effectively under the existing Ordinance.
6. Whether the Board's membershi uirements should be modified.
The Committee's composition fairly well reflects community-wide interests and
professional skills, with representation from persons with considerable private sector and
public sector experience with substantial staff and financial dealings. There are a broad
age spread, employed and retired personnel, gender representation and a health diversity
of professional experience in senior and executive management. No modifications are
needed for the tasks at hand.
7. The cost, both direct aDd indi of maintainin the Board.
There are no direct costs to maintaining the Committee, and given the level of expertise
on same, as well as members' consulting fees for other remunerated work, not to
overlook the value of their work. product for the People of Collier, the contributions to the
County are vast and more than warrant the de minimus indirect costs of maintaining this
Committee.
J: ADDmONAL BOARD/COMMITTEE COMMENTS:
The Committee has recommended that given the frequency of sub-committee meetings
and the press of business for regular meetings that the County ensure adequate "Advisory
Committee" parking be enforced, and that identification tags of an appropriate sort be
issued to members.
Page 3 of 4
Agenda Item NO.1 OA
March 13, 2007
Page 9 of 22
K: STAFF COMMENTS:
The Productivity Committee is a very dedicated and hard-working group of
volunteers!
Mike Sheffield
Page 4 of 4
Agenda Item No.1 OA
March 13, 2007
Page 10 of 22
ADVISORY COMMITTEEIBOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2007
ADVISORY COMMITTEE: I Development Services Advisory Committee
IA.
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I D.
IE.
IF.
I G:
In.
CHAIRMAN:
I Clay Brooker
STAFF LIAISON: I Joe Schmitt I Marlene Stewart
STAFF AGENCY: I Community Development and Environmental Services
AUTHORITY:
I Ordinance No.93-76, as amended
L SUMMARY:
Collier County Ordinance 93-76 created the Development Services Advisory Committee
(DSAC) to provide reports and recommendations to the Board of County Commissioners
(BCC) to assist in the enhancement of operational efficiency and budgetary
accountability within the Community Development and Environmental Services Division
(CDES) and to serve as a primary communication link. between CDES, the development
industry and the citizens of the county. The ordinance was amended in 1995 through
Ordinance 95-60.
DSAC is composed of 15 members, who represent the various aspects of the
development industry, including architects, contractors, land planners, developers,
attorneys, and engineers. The members are appointed by resolution of the Board of
County Commissioners for a four-year term and must be permanent residents and electors
of the county. DSAC's functions include identifying concerns of the development
industry, making recommendations as to rules and procedures to enhance the operational
efficiency and budgetary accountability within CDES, and reviewing proposed
ordinances and codes that may affect CDES prior to their submittal to the BCC.
Regular DSAC meetings are usually held on the first Wednesday of the month at 3:30
p.m. in the CDES building on North Horseshoe Drive.
The current membership is composed of Chairman Clay Brooker, Vice-Chairman Dave
Dunnavant, Charles Abbott, James Broughton, David Bryant, Dalas Disney, Marco
Espinar, Blair Foley, Geor~e Hermanson, Reed Jarvi, Brian Jones, Thomas Masters,
Page: 1 of3
Agenda Item NO.1 OA
March 13, 2007
Page 11 of 22
I Robert Mulhere, Fred Reischl, and William Varian.
1. Whether the CommitteelBoard is serving the purpose for which it was
created.
DSAC is currently serving the purpose for which it was created. DSAC receives and
comments on monthly reports from CDES, the Transportation Division, the Public
Utilities Division, and Fire Review. Significant time is spent reviewing proposed
ordinances and codes that affect the community development, including but not limited to
amendments to the Coun 's Land Develo ment Code.
2. Whether the Board is ad uate servin current communi needs.
DSAC is adequately serving current community needs by providing expert knowledge and
first-hand experience relating to regulations governing the development industry and the
o mtional efficienc of develo ment review and .ttin .
3. List the Board's major accomplishments for the preceding 12-month
period.
DSAC spends significant time reviewing proposed ordinances and codes, or amendments
thereto, which may affect CDES and the development community. By way of example,
the preceding 12-month period included three "cycles" of amendments to the Land
Development Code. DSAC reviewed the amendments and offered recommendations for
the BCC's consideration.
4. Whether there is any other Board or agency, either public or private,
which is serving or would better serve the purpose for which the
Board was created.
DSAC is unaware of any other Board or agency, either public or private, which would
better serve the se for which DSAC was created.
5. Whether the ordinance creating the Board should be amended to
allow the Board to more adequately serve the purpose for which it
was created.
DSAC currently does not review proposed amendments to the County's Growth
Management Plan (GMP). Because the GMP directly affects CDES and the development
community, consideration should be given to expanding DSAC's duties to reviewing
TO sed amendments to the GMP.
6.
No modifications to DSAC's membershi
7. The cost, both direct and indirect, of maintainin the Board.
DSAC members serve voluntarily and without compensation. Therefore, the cost of
maintaining DSAC is relatively insignificant and can be expressed only in terms of
Coun staff time for administration and rts.
Page20fJ
Agenda Item NO.1 OA
March 13, 2007
Page 12 of 22
J: ADDITIONAL BOARD/COMMITTEE COMMENTS:
As mentioned above, one ofDSAC's primary functions is to review proposed ordinances
and codes, or amendments thereto, which may affect CDES and the development
community. In the past 12 months, seveml DSAC members have expressed
dissatisfaction with the process by which DSAC's recommendations are reported to the
BCC. In some cases, DSAC's recommendations have, either deliberately or inadvertently,
not been reported to the BCC. DSAC cannot fulfill its duties if its recommendations are
not reported to the BCC. Improvements to the process by which the various
recommendations of the reviewing boards/committees are reported to the BCC are
necessary.
K: STAFF COMMENTS:
Staff will ensure that in this upcoming LDC cycle that the comments and concerns
expressed by the committee are clearly delineated on the comment spreadsheet to the
BCC as well as the CCPC.
JoseDh K. Schmitt, Administrator, CDES
Page 3 of3
Agenda Item NO.1 OA
March 13, 2007
Page 13 of 22
ADVISORY COMMITTEE
Four Year Review
By the Board of County Commissioners
For Fiscal Year 2007
ADVISORY
COMMITTEE: Emergency Medical Services Advisory Council
CHAIRMAN: Dr. Jeff Allbritten
STAFF LIAISON: Jeff Page, Emergency Medical Services
AUTHORITY: Collier County Ordinance No. 86-41, as amended.
SUBMITTED: February 1, 2007
FY 07 Review: March 13, 2007
SUMMARY:
Established in 1981 ~ the Emergency Medical Services Advisory Council identifies and
evaluates all opportunities and/or challenges associated with providing optimal
performance standards for the provision of emergency medical services throughout
Collier County; to establish a procedure for reviewing any complaints received by it
concerning the quality of the emergency medical seIVices being rendered by any duly
authorized emergency medical seIVices provider within the county; and to further
delineate objectives and functions as may be necessary.
Current members of the Council include:
Dr. Jeff Allbritten, Chairman
Mr. Jim McEvoy
Mr. John Valenti
Ms. Judith Nuland
Ms. Nancy Laschied
Mr. Michael Murphy
Mr. Johan Domenie
Mr. Rob Pottieger
Dr. Douglas Lee
Dr. Jeffrey Panozzo
Ms. Gail Dolan
Mr. BiU Rule
District 1 is Vacant
District 5 is Vacant
1
Agenda Item No. 10A
March 13, 2007
Page 14 of 22
The Board meets monthly, usually on the 4th Wednesday of the month, at 2:00 p.m., in
the BCC Board Room.
Pursuant to Ordinance No. 86-41, as amended, the annual report should consider.'
1. Whether the Board is serving the purpose for which it was created.
2. Whether the Board is adequately serving current community needs.
3. A list of the Board's major accomplishments for the preceding twelve month period.
4. Whether there is any other Board or agency, either public or private, which is serving
or would better serve the purpose for which the Board was created.
5. Whether the ordinance creating the Board should be amended to allow the Board to
more adequately serve the purpose for which it was created.
6. Whether the Board's membership requirements should be modified.
7. The cost, both direct and indirect, of maintaining the Board.
We feel our main purposes set forth by the Board of County Commissioners and quoted
in our By-laws are to act as an advisory body to the BCC on all aspects of providing pre-
hospital Emergency Medical Services in Collier County. We also are here to study all the
challenges associated with providing an optimal EMS system throughout Collier County,
including a yearly review of the EMS Department's budget, transport fees, and the
Annual Update and Inventory Report, or AUIR.
As an advisory council we are able to serve the community needs by fostering and
promoting the development and utilization of improved methods of EMS. Recent
examples include the addition of state of the art technology such as the Autopulse and
Audicor machines on all of the units. Our support of having the Level of Service
Standard being based on a weighted population has resulted in an increase of four
additional growth units this year that will certainly have a positive impact on our
response times.
In this past year we have reviewed and discussed all major items, issues, and actions prior
to them being submitted to the Bee including but not limited to: items relating to the
budget; contractual agreements with other agencies; educational and training
opportunities afforded to staff; the Union contract; major equipment purchases and
monthly staffing level updates. We have also made a few changes to our By-Laws,
including adding an additional member to our Council to represent Physicians Regional
Hospital.
2
Agenda Item NO.1 OA
March 13,2007
Page 15 of 22
The Emergency Medical Services Advisory Board operates on minimal direct costs
(paper, copies etc.). Staff time is the only indirect cost, which is a minimal 30 hours
annually.
We believe that this board is serving the community's need to insure that all sections of
our county has input on issues related. to emergency medical care that concern our
citizens. We see no reason at the present that the board's membership requirement be
modified. We also do not believe that there is any other Board or agency, either public or
private, which is serving or would better serve the purpose for which the Board was
created.
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Agenda Item No. 10A
March 13, 2007
Page 16of22
ADVISORY COMMITTEE
Four-Year Review
By the Board of County Commissioners
For Fiscal Year 2007
ADVISORY COMMITTEE:
ENVIRONMENTAL ADVISORY COUNCIL
CHAIRMAN:
William Hughes
STAFF LIAISON:
Summer Araque
STAFF AGENCY:
Environmental Senices Department
Community Development and Environmental Services
AUTHORITY:
Collier County Land Development Code Chapter 8.06;
Ordinance 04-41
SUBMITTED:
January 16,2007
FY 07 REVIEW DATE:
March 13,2007
SUMMARY: Established in January 27, 1999, the Collier County Environmental
Advisory Council (EAC) is a combination of two previous advisory boards, The
Environmental Advisory Board (EAB) and the Environmental Policy and Technical
Advisory Board (EPT AB). The EAB had been a culmination of two advisory boards, the
Environmental Advisory Council (old EAC) and the Water Management Advisory Board
(WMAB).
The current EAC is charged to act in an advisory capacity to the Board of County
Commissioners (BCC) in matters dealing with the regulation, control, management, use
or exploitation of any or all natural resources of or within the county and the review and
evaluation of specific zoning and development petitions and their impact on those
resources.
The nine current members of the EAC include:
William Hughes, Chairman
Judith Hushon, Vice Chairman
Terrance Dolan
Nick Penniman
James Harcourt
Bill Hill
Lee Horn
Michael Sorrell
Roger Jacobsen
EAC Quadre""ial Review. January 2007
Page 1 of4
Agenda Item NO.1 OA
March 13, 2007
Page 17 of 22
The EAC meets monthly, on the 1st Wednesday of the mon~ at 9:00 am., in the Third
Floor Board Meeting Room of the Turner Building. Meetings are taped and aired on the
County's Government Access Channel.
On January II, the EAC at their regular meeting discussed the Quadrennial Review and
provided the following responses to these questions:
1. Whether the Board is senring the purpose for which it was created.
Yes. The EAC is serving the purpose for which it was created The EAC formally
discussed in detail the four main functions of the EAC and agreed that they are
performing them in accordance with their authority.
2. Whether the Board is adequately serving current community needs.
Yes. The EAC is serving the community by providing the environmental advice, and
assistance to County staff and their review and recommendations to the BCe.
However they felt that they could better serve the public by focusing more on the
environmental policy issues that face Collier County. These relate to endangered
species management, watershed management plans, stormwater management,
preserve priorities, and impacts of hurricanes on our coast.
3. A list of the Board's major accomplishments for the preceding twelve month
period:
The EAC reviewed and commented a number of major projects this past year
including:
· The EAC reviewed and helped to formulate the Environmental CME amendments
and the LDC modifications required to enact them. A special subcommittee was
created for this purpose; they met independently on a number of occasions then
brought their conclusiom to the EAe. Members of the EAC also met with the
Planning Commission to inform them of the EAC's reasoning behind some of the
requested changes.
· The EAC has worked with petitioners over the past year to identify the types of
data required to review a project and the formats in which these data should be
presented
· The EAC has begun to carefully comider water quality and stormwater
management issues related to projects to determine whether they will adversely
affect adjacent properties. This has led to a request that a select number of
EAC Quadrennial Review, Janwny 2007
Page 2 of4
Agenda Item No. 10A
March 13, 2007
Page 18 of 22
previously permitted PUDs be reexamined to determine how the retention ponds
are functioning in situ.
. The EAC has on several occasions requested that the County take a stronger
stand for Endangered Species Protection than the USFWS, which seems very
willing to sacrifice these animals in favor of development. We are particularly
concerned that gopher tortoises are not doing well when they are moved to a new
preserve area which is often overcrowded Several projects with the potential to
affect nesting eagle pairs were reviewed and specific advice was provided to the
Commissioners.
. The EAC has reviewed several projects related to development of tourism efforts
on Keewaydin Island and each time has determined that the projects threaten the
ability of this barrier island to support its sensitive wildlife in an appropriate
manner. There are issues with boat landing, sanitary waste management,
garbage management, beach access, dune protection, and supervision of the
many acres under conservation. There is already a recognized problem from
boaters on the south end of the island and there is a desire not to have this type of
problem repeated
4. Whether there is any other Board or agency, either public or private, which is
serving or would better serve the purpose for which the Board was created.
No other board or committee serves the function that the EAC does for the
community. They provide professional input with regard to water management,
environmental assessment, policy and procedures, and provide a forum for the public
to comment on environmental issues that they feel should be heard by County staff or
the BCe.
5. Whether the ordinance creating the Board should be amended to allow the
Board to more adequately serve the purpose for which it was created.
The ordinance allows the EAC to adequately serve the purpose for which it was
created
6. Whether the Board's membership requirements should be modified.
With the addition of two additional alternate members, it will be easier to obtain the
five member quorum. The Board approved the addition of the 2 members as part of
the most recent Land Development Code amendments.
7. The cost, both direet and indirect, of maintaining the Board.
EAC Quadrennial Review, Januory 2007
Page 3 of4
Agenda Item NO.1 OA
March 13, 2007
Page 19 of 22
The EAC is a volunteer board that provides their service to the community free of
charge. They auend a monthly meeting, which usually take three to four hours of
their time. There are a few members that serve on a subcommittee that meets once or
twice a month in addition to the regularly scheduled EAC meeting. There is also the
additional time (usually 4-5 hours) that the members provide, prior to the meetings,
in reviewing the materials and information that they are sent.
The EA C is supported by members of the Community Development and
Environmental Services staff who are available for meetings and discussions outside
of the monthly meetings and who attend the meetings each month The following
staff are typically in attendance at each EAC meeting: two Environmental
Specialists, two Senior Engineers, the Environmental Services Department Director,
one or more Principal Planners, one assistant County attorney and a court reporter.
Staffhas estimated that the total cost to administer the EAC is $36,000 per year:
Personnel
Operating
Total
$25,000
$11.000
$36,000
Personnel Costs are based on a fully burdened rate for the staff time identified above.
Operating Costs consist of the direct costs for copying, mail, and contractual services
to provide meeting minutes.
EAC Quadrennial Review, January 2007
Page 4 of 4
Agenda Item NO.1 OA
March 13, 2007
Page 20 of 22
ADVISORY COMMITTEEIBOARD
FOUR-YEAR REVIEW
BY THE BOARD OF COUNTY COMMISSIONERS
FOR FISCAL YEAR 2007
A. ADVISORY COMMITTEE: Golden Gate Community Center Advisory
Committee
CHAIRMAN:
I William Arthur
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I H.
STAFF LIAISON: I Barry Williams, Director, Parks & Recreation Dept
STAFF AGENCY: I Parks and Recreation Department
AUTHORITY:
I Ordinance No.2001-37
I. SUMMARY: I
Collier County Ordinance 75-4 created the Golden Gate Municipal Services Special
Taxing District with the power to create the Golden Gate Community Center Advisory
Committee to serve the interests of the taxpayers and residents of the district.
The Committee shall annually review the proposed budget within the millage limits
established for the district and review unbudgeted capital expenditures, make
recommendations to the BCC on proposed budgetary adjustments, recommend to the
BCC changes in the roles governing the use of the facility, recommend to the BCC the
employment of the Community Center Supervisor, advise the County Manager in writing
on the contents and proposed changes to the job description for the Community Center
Supervisor and receive and review monthly reports. The ordinance was amended in 1980
and 1986.
The Committee is comprised of (5) members serving staggered two-year terms, with the
Director of Parks and Recreation serving in a liaison capacity. The members are
appointed by the Board of County Commissioners for a two-year term and must be
permanent residents of the Golden Gate Municipal Services Special Taxing District and
electors of Collier County.
Regular Golden Gate Community Center Advisory Committee meetings are usually held
on the first Monday of each month at 6:00 P.M. in the Golden Gate Community Center
located at 4701 Golden Gate Parkway in Naples, Florida.
Page 1 of3
Agenda Item NO.1 OA
March 13, 2007
Page 21 of 22
The current membership is composed of Chainnan William Arthur, Vice-Chair Jim Klug,
Vicki Clavelo, Kaydee Tuff, and Ernie Bretzmann. The BCC Liaison is Parks and
Recreation Director, Barry Williams.
1. Whether the CommitteelBoard is serving the purpose for which it was
created.
Yes, the Committee does serve the purpose for which it was created. It meets monthly
with the Center Supervisor during which the Committee reviews the center revenue,
programs, special events, capital projects, budget and the center's policies and procedures.
The Committee advises the Board of County Commissioner's regarding the affairs of the
state.
2. Whether the Board is ad uate servin current communi needs.
In order to ensure that the Committee is adequately serving the current community needs,
the Committee works with the Center Supervisor to foster relationships with civic groups
and organizations in the Golden Gate area. As a result the Golden Gate Community
Center continues to be the place to meet and offers a variety of programs, special events,
and activities to a very diverse community.
3. List the Board's major accomplishments for the preceding 12-month
period.
Over the past 12 months, the Committee has assisted with the following major
accomplishments:
a. The smooth transition from one Center Supervisor to his successor.
b. Encouraged the successful debris removal and repair attributed to Hurricane
Wilma. Hardy trees and plants were planted to replace those damaged.
c. Reduction of the taxing district millage rate from .2337 in FY06 to .1815 in FY07.
d. Maintained and fostered good relationships with various local, civic associations.
e. Dedicated newly renovated and updated preschool room to Eleanor Williams.
f. Enhanced the courtyard. (Within the last couple of years)
g. Excellent relationship with community organizations who donated over $10,000
for pre-school, after-school and summer camp scholarships. This includes Cool
Cruisers and the Women's Club.
h. Increased. cooperative relationships with the Golden Gate Fire Department and
Sheriff's Department.
1. Reviewed programming needs to better serve the community.
J. One of the six entities responsible for the continued success of the Golden Gate
Festival.
k. Ensured community center appearance exceeds community expectations. This year
the center kitchen will receive a new hood system, stove and refrigerator. A roof
Page 2 of3
Agenda Item No. 10A
March 13, 2007
Page 22 of 22
was replaced in 2006.
1. Supported the fostering of good relationships with federal (FEMA), state (CERT)
and local (Red Cross) agencies during times of disaster.
4. Whether there is any other Board or agency, either public or private,
which is serving or would better serve the purpose for which the
Board was created.
I No other Commitree would serve a beuer pmpose.
5. Whether the ordinanee creating the Board should be amended to
aHow the Board to more adequately serve the purpose for which it
was created.
The Golden Gate Community Center Advisory Committee is currently reviewing and
revising the 1986 Ordinance. The Committee believes these guidelines are out of date,
and recommendations to amend will follow.
6. Whether the Board's membership requirements should be modified.
I Not at the present time.
7. The cost, both direct and indirect, of maintainin2 the Board.
Direct costs of the Committee are minimal and include paper, copies and postage. The
only direct costs are staff time which is approximately 40 - 50 hours per year.
J: ADDmONAL BOARD/COMMITTEE COMMENTS:
Enter any additional board or committee comments in this section
K: STAFF COMMENTS:
Staff concurs with the committee's report. Staff will work with the Golden Gate
Community Center Advisory Committee to review and revise the current ordinance
initially established in 1986. Staffhas appreciated the positive working relationship with
the Golden Gate Community Center Advisory Committee in meeting the recreation,
social, health, and wellness needs of citizen's in Golden Gate City.
Page 3 of3
Agenda Item NO.1 08
March 13, 2007
Page 1 of 2
EXECUTIVE SUMMARY
To seek Board approval of a Fiscal Year 2007 Budget Amendment in the amount of
$625,000, increasing the loan amount from Collier County to the Southwest Florida
Expressway Authority from $150,000 to $775,000.
OBJECTIVE: The objective is to gain Board approval establishing Collier County's
remaining $625,000 loan payable to the Southwest Florida Expressway Authority. This
commitment represents Collier County's share of the original $1,550,000 Southwest
Florida Expressway Authority budget. The Expressway Authority is moving forward with
the tolling options, the public involvement on the toll options and the hiring of an
Executive Director and, as such, needs to complete the original budget request.
CONSIDERATION: The Southwest Florida Expressway Authority was created under
House Bill 401 that was signed by Governor Bush in 2005 with the single purpose of trying
to get tolled express lanes on 1-75 (i.e. more than the six lanes that is currently
programmed) in Collier and Lee Counties. The bill provided no funding for the Southwest
Florida Expressway Authority and to date budget has been provided by the Lee and Collier
Board's and a Toll and Revenue loan from the Florida Department of Transportation. In
addition, staff from Lee and Collier County have been providing the necessary support
servIces.
,~ .......,
At Collier's July 25th BCC meeting, the Board committed $150,000 to move forward at that
time, though the total budget that the Board saw at that time was $1.55 million. Following
the Collier BCC meeting, the Lee BOCC at their August meeting authorized the matching
$150,000 but also proceeded with an interlocal agreement for the entire amount. Collier
County's total loan of $775,000, if approved, is projected to last for two years of the
Expressway Authority's budget (through the Expressway Authority's fiscal year 2008).
FISCAL IMPACT: The initial budget appropriation totaling $150,000 was established
with approval of a budget amendment by the Board of County Commissioners on October
24, 2006. This funding was derived from General Fund reserves. The additional $625,000
will come from General Fund reserves and will be paid back to the County in the future (as
well as the original $150,000) when there is toll revenue in excess of bond payments.
GROWTH MANAGEMENT: The widening of 1-75 up to ten lanes is consistent with the
County's Growth Management Plan and the MPO's Long Range Transportation Plan.
RECOMMENDA TION: That the Board of County Commissioners approves a Fiscal
Year 2007 budget amendment in the amount of $625,000 from the General Fund reserves
which increases the current year appropriation for remittance to the Southwest Florida
Expressway Authority from $150,000 to $775,000.
PREPARED BY: Donald Scott, Transportation Planning Director
1
Item Number:
Item Summary:
Meeting Date:
Agenda Item NO.1 08
March 13,2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10B
To seek Board approval of a Fiscal Year 2007 Budget Amendment In the amount of
$625,000, Increasing the loan amount from Collier County to the Southwest Florida
Expressway Authority from $150,000 to $775,000 (Don Scott, Director, Transportation
Planning and Bill Barlon)
3/13/2007900.00 AM
Transportation Planning Director
Date
Approved By
Donald L. Scott
Transportation Services
Transportation Planning
212612007 1: 14 PM
App roved By
Assistant County Attorney
Date
Scott R. Teach
County Attorney
County Attorney Office
2126/2007 1: 52 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
2/27/20071:44 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
3/1/2007 1 :09 PM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
3/1/2007 1 :43 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
3/2/20079:26 AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
316/2007 8:03 AM
Michael Smykowski
Management & Budget Director
Date
App roved By
County Manager's Office
Office of Management & Budget
3/6/2007 1 :22 PM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
3/612007 1 :43 PM
Agenda Item No. 10C
March 13, 2007
Page 1 of 35
--
EXECUTIVE SUMMARY
Recommendation to adopt a superseding resolution authorizing the condemnation of fee
simple interests and/or those perpetual or temporary easement interests necessary for the
construction of roadway, drainage and utility improvements required for the six-lane
expansion of Collier Boulevard from U.S. 41 to Davis Boulevard. (Capital Improvement
Element No. 86, Project No. 60001). Estimated fiscal impact: $5,000,000.
OBJECTIVE: To adopt a superseding resolution authorizing the condemnation of fee simple
interests and/or perpetual or temporary easement interests necessary for the widening from four
lanes to six lanes of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal (Project No.
60001).
CONSIDERATIONS: This phase of the improvements to Collier Boulevard, from U.S. 41 to the
Golden Gate Main Canal, will consist of widening the roadway from 4 lanes to 6 lanes, intersecting
street improvements, signalized intersection, utility and canal improvements, lighting, sidewalks
and bike lanes. Initial authorization for the purchase of right-of-way for the Collier Boulevard
project was given by the Board of County Commissioners on December 13, 2005, under Resolution
No. 2005-431. On June 20, 2006, the Board of County Commissioners adopted Resolution No.
2006-156 finding public purpose and necessity and authorizing condemnation of fee simple title
interests and/or those perpetual or temporary easement interests required for the construction of the
improvements to Collier Boulevard.
,.,.-
Since the adoption of the previous resolution authorizing condemnation and based upon several
discussions with the County's design consultant engineer, CH2MHill, Inc., staff decided to attempt
to reduce the right-of-way requirements necessitated by this project. The redesigned parcels
reduced the right-of-way acquisition on several parcels and the overall right-of-way costs for the
project. As a result of the redesign, a total cost savings of approximately $500,000 will be realized
on this project.
The construction of this important project will commence in two phases. Phase One will be from
U.S. 41 to Rattlesnake Hammock Road and all the necessary right-of-way will be acquired by April,
2007. Phase Two will be from Rattlesnake Hammock Road to Davis Boulevard and all the
necessary right-of-way will be acquired by December, 2007. All additional lanes will be
constructed in the existing median and can be added without acquiring the remaining parcels until
December. Staff will identify all acquired and remaining parcels in the contractor bid
specifications, but does not anticipate this split phasing to cause any additional financial costs.
CH2MHill, Inc. completed their redesign in December of 2006 and provided staff with updated
legal descriptions and sketches to support the new plans. In the meantime, appraisals have been
completed and project notices have been sent to all property owners along the conidor. Many
parcels, where the legal descriptions did not change, have already been purchased.
Due to the design changes, two parcels have increased in size, while the size of many other
_ temporary construction and driveway restoration easements have decreased. Other than those area
Agenda Item No. 10C
March 13, 2007
Page 2 of 35
changes, the facts, findings and conclusions presented in the attached memorandum dated May 30,
2006, are still valid.
The Board of County Commissioners has been further advised that it is necessary and in the
public's best interest to acquire, by condemnation if necessary, those interests in real property
specified on each legal description attached to the Resolution.
FISCAL IMPACT: Staff has acquired several parcels of property by negotiation and settlement.
Staff will continue to negotiate settlements in good faith even after condemnation lawsuits have
been filed. However, if condemnation proceedings are required in order to meet the schedule for
the commencement of construction, the total cost of right-of-way acquisition for the project is
estimated to be $5,000,000 (inclusive of the $2.35 million spent to date). This amount includes the
cost of all real property rights required for construction of the proposed improvements, as well as all
expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner
attorney fees and expert witness fees, which the County is required to pay according to Sections
73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax
fund and the Road Impact Fee fund. Source of funds are gas tax and road impact fees.
GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element,
the six-lane improvements to Collier Boulevard (Project No. 60001) are an integral part of Collier
County's Growth Management Plan.
RECOMMENDA TION: That the Board of County Commissioners of Collier County, Florida:
1. Adopt the attached Resolution;
2. Authorize its Chairman to execute same on behalf of the Board; and
3. Authorize any budget amendments that may be necessary to implement the collective will of the
Board as evidenced by the adoption of the attached Resolution and the approval of this
Executive Summary.
Prepared by: Lorraine Lantz, ROW Coordinator, TECM
Attachments: (1) Interoffice Memorandum dated May 30, 2006, from Jay Ahmad, P.E. to Norman
E. Feder, AICP; (2) Condemnation Resolution with Exhibit A; (3) CH2MHill
Technical Memorandum dated February 14,2007 prepared by Bill Gramer, P.E.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10C
March 13. 2007
Page 3 of 35
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10C
Recommendation to adopt a superseding resolution authorizing the condemnation of fee
simple interests and/or those perpetual or temporary easement interests necessary for the
construction of roadway, drainage and utility improvements required for the six-lane
expansion of Collier Boulevard from U.S. 41 to DaVIS Boulevard. (Capital Improvement
Element No. 86. Project No. 60001). Estimated fiscal impact $5.000.000 (Gene Calvert,
Director. Transportallon/Stormwater Management)
3113/2007 9:00:00 AM
Right Of Way Coordinator
Date
Prepared By
Lorraine Lantz
Transportation Services
TECM-ROW
2/26120073:43:22 PM
Marlene Messam
Date
Approved By
Transportation Services
Right of Way Manager
Transportation Engineering &
Construction Management
2/27/200711 :46 AM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
2/2712007 1:44 PM
Najeh Ahmad
Director
Dale
App roved By
Transportation Services
Transportation Engineering &
Construction Management
2/28/20077:49 AM
Heidi F. Ashton
Assistant County Attorney
Date
Approved By
County Attorney
County Attorney Office
2/281200711:14AM
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Approved By
Transportation Services
TECM.ROW
2/28/200711 :15 AM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
311120071:29 PM
Lisa Taylor
ManagemenUBudget Analyst
Date
Approved By
Transportation Services
Transportation Administration
3/1/20071:50 PM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
311/2007 2:17 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
3/2/20079:27 AM
Susan Usher
Senior MzmagementfBudget Analyst
Date
A pp roved By
County Manager's Office
Office of Management & Budget
3/2/2007 5:33 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/3/2007 12: 11 PM
Agenda Item NO.1 OC
March 13, 2007
Page 4 of 35
Co~~ County
--- ~ -
TRANSPORTATION DIVISION
ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Norman Feder, Transportation Administrator
DATE: 5/30/06
FROM: Jay Ahmad, Director, TECM
SUBJECT: Condemnation Resolution for Collier Boulevard from US 41 to the Golden Gate
Main Canal Project No. 60001
On June 20, 2006, the Board of County Commissioners will consider the adoption of a
Condemnation Resolution for the property interests necessary to implement Capacity
Improvements to Collier Boulevard from US 41 to the Golden Gate Main Canal. This project
includes converting existing 4-lane divided roadway to 6-lane divided arterial roadway from US
41 to Davis Boulevard and widening to an 8-lane arterial roadway from Davis Boulevard to the
Golden Gate Main Canal. Bike lanes, sidewalk and pathway will be added throughout the
project's length. Drainage and intersection improvements will be implemented. This
memorandum contains vital information that the Board of County Commissioners must consider
in adopting this Resolution.
As you are aware, this roadway has been on the County's long-range plan for many years. It has
been the subject of Board meetings, MPO meetings and various other public meetings. This
memorandum shall serve to supplement and recap the documentation previously provided,
and/or presentations made, to the Board.
The county attorney's office has advised that the following criteria shall be considered, when
adopting the condemnation resolution:
1. Alternate Routes
The need for additional north-south arterial capacity within Collier County for travel
demands east of Airport-Pulling Road has been identified and studied at the long
range planning level for more than a decade. Due to past and current development
patterns, few alternatives exist other than the existing roadway alignments.
Livingston Road from Pine Ridge to Immokalee Road has been opened to 6-lanes of
traffic in the past year. Future design plans will complete the widening of Collier
Agenda Item No. 10C
March 13, 2007
Page 5 of 35
Boulevard from US 41 to lmmokalee to 6-lane roadway. Santa Barbara Boulevard
will be improved to a 6-lane roadway from Davis Boulevard to Painted Leaf Lane
and will be extended from Davis Boulevard to Rattlesnake Hammock Road. To
meet current and future capacity needs, the only viable alternative is to widen and
improve Collier Boulevard at this time.
2. Safety Factors
The design of the Collier Boulevard improvements has been conducted to meet the
standards as defined using the Florida Department of Transportation (FDOT)
Roadway and Traffic Design Standards; the FDOT Plans Preparation Manual, and
related design manuals; the American Association of State Highway and
Transportation Officials (AASHTO) Policy on Design of Urban Highways and
Arterial Streets; the Manual on Uniform Traffic Control Devices (MUTCD); the
Collier County Policy for Access Management for Arterial and Collector Roadways
(Resolution No. 92-442 as amended by Resolution 01-247, dated June 26, 2001); and
the Public Rights of Way Construction Standards Handbook to ensure the safe
movement of people and goods within the project limits. There were no "Design
Exceptions" such as substandard lane widths or median widths identified for this
roadway.
3. Long Range Planning Factors
The Long Range Transportation Plans (LRTP) for Collier County have evaluated the
future travel demand needs using factors such as social impacts, environmental
impacts, costs, safety and provision for alternatives. Since at least the 2010 LR TP
(adopted in 1992), and reiterated in the following updates for 2020 LRTP (originally
adopted in 1996 and updated in 1999) and the 2025 LRTP (adopted in 2001), the
need for upgrading Collier Boulevard has been identified. The project improvements
are consistent with current and future travel demand needs and the availability of
financial resources.
4. Environmental Factors
Long-range planning criteria require the consideration of impacts to environmentally
sensitive areas. Generally, the impacts of roadway construction utilizing existing
corridors have less environmental impacts than new corridors. As such, the section
of Collier Boulevard from US 41 to Main Golden Gate Canal will have minimal
environmental impacts.
The project has been coordinated with both the U.S. Fish & Wildlife Service and the
Florida Fish & Wildlife Conservation Commission. A Threatened and Endangered
Species Survey was conducted with negative findings. The project has also been
coordinated with the South Florida Water Management District (SFWMD) and the
Army Corps of Engineers. A wetland survey was conducted, and wetland areas
Agenda Item NO.1 OC
March 13, 2007
Page 6 of 35
along the corridor were flagged. Impacts to these wetlands will be minimal and will
be mitigated, as needed, through "mitigation banking".
Evaluations during the alignment determination phase took more localized
environmental issues into account such as choosing the offsite retention/detention
system ponds and developing the surface water management system. As a result, this
project will use a combination of exfiltration system in the median and storm water
ditch system.
5. Costs
Cost to provide for the improvements has been considered from the initial
identification in the adopted LRTP. As the project has been refined during the
design, more specific costs to implement have been developed and considered as part
of developing the financially feasible Capital Improvement Program. The design of
the improvements has been made to maximize the improvement benefit with the
minimum amount of impacts. The project includes a typical six-lane section with
sidewalk on the east side, pathway on west site of the canal and bike lanes on both
sides. The corridor is bounded on the east and west sides by residential
developments, residential homes, golf courses, together with commercial properties
and undeveloped lots. The road alignment will minimize the taking of additional
right of way, and to provide for safe and efficient pedestrian and traffic flow.
Construction on this two-year project is planned to commence in the 1 st Quarter of
fiscal year 2007. This project is part of an aggressive acquisition schedule to address
the traffic movement and safety needs of the community.
Thank you for your time and review of this vital information.
Agenda Item NO.1 OC
March 13, 2007
Page 7 of 35
TECHNICAL MEMORANDUM
CH2MHILL
Collier Boulevard II - Widening Project
(US 41 to Davis Boulevard)
Right-Of-Way Evaluation-Justification Memo
PREPARED FOR:
Tad Pluc/Collier County
Bill Gramer, P.E.
PREPARED BY:
COPIES:
DATE:
Kevin Hendricks/Collier County
File
February 14, 2007
Proiect need:
Collier Boulevard, from US 41 to Davis Boulevard (7.50 -miles), has been identified as one of
the most severely constrained north-south corridors in Collier County. Collier Boulevard is
currently a 4-lane urban roadway which serves as an arterial collector for residents and
commercial travelers. The intersections of Collier Boulevard/Davis Boulevard, Collier
Boulevard/Rattlesnake Hammock Road and Colleir Boulevard/US 41 have been
documented as some of the busiest in Collier County and have high accident rates. In
addition, Collier Boulevard traffic data show that Collier Boulevard also serves as a "haul"
route for heavy trucking activities (e.g. agriculture, construction, dump truck hauling, etc.).
The combination of existing residential development, local business and commercial use
makes this 7.50 mile stretch of 4-lane corridor a heavily congested roadway. The existing
traffic counts indicate the facility already exceeds acceptable levels of service for the existing
(pre-developed) roadway.
This roadway has been on the County's long-range plan for many years. It has been the
subject of Board meetings, MPO meetings and many other public meetings. The Long Range
Transportation Plan (LRTP) for Collier County has evaluated the future travel demand
needs using factors such as social impacts, environmental impacts, costs, safety and
provision for alternatives. Traffic projections provided by the Collier County Traffic
Operations Department for the 2025 traffic demand model show the existing roadway does
not have sufficient capacity. The project improvements are consistent with current and near
future travel demand needs. The Board of Collier County approved the six-laning of the
Collier Boulevard project over its full length in 2002. Collier County's Traffic Planning
Department has selected Collier Boulevard to be expanded to a 6-lane urban facility to
relieve congestion and improve the overall safety of the corridor.
The Collier Boulevard corridor has been almost completely developed. The corridor is
bounded on the west side by residential communities, housing sub-divisions, strip malls,
AVOIDANCE_ TMEMO_COLLlERI_ 04-25.06BG.DOC
164332
Agenda Item NO.1 OC
March 13, 2007
P;:JQP 8 of 35
small business, golf courses, 2 schools and commercial properties. Very few vacant parcels
exist along the west side of the corridor. The corridor is bounded in the east by the
Henderson Canal, beyond which are residential communities, housing sub-divisions, a golf
course, a church, a quarry and landscape nursery's.
Collier Boulevard also functions as a collector-distributor facility to other east-west collector
roads, such as: 1-75, Davis Boulevard, Rattlesnake Hammock Road, Sabal POalm Road,
Grand Lely Drive, Lely Cultural Drive and US 41. As Naples continues to grow and develop
new areas, additional traffic will continue to impact the collectors and arterial corridors.
The Collier Boulevard Widening Project will relieve congestion, improve safety, and
ultimately help balance the traffic nodal system planned by Collier County's Transportation
Master Plan.
Proiect History
Collier Boulevard from US 41 to Davis Boulevard is bound to the west by existing
development and to the east by the Henderson Canal. The Collier County Transportation
Deparbnent and Real Property Division previously identified the need for Collier Boulevard
to be widened as part of its long range goals and provided a "footprint" for the ultimate
widening of Collier Boulevard many years ago when the 4-Lane Wideing Plans were
developed by Johnson Engineering in 1990 (US 41 to Rattlesnake Hammock Road) and in
1995 (Rattlesnake Hammock Road to Davis Boulevard). The roadway stormwater treabnent
was handled by means of an exfiltration system within the 44 foot median from Davis
Boulevard south for 6.50 miles. This 44 Foot median was designed to accommodate the
widening of Collier Boulevard from 4-lanes to 6-lanes within the median. The median
however did not anticipate the need for dual left turn lanes from Collier Boulevard to
certain intersecting cross streets. Nor did the exfiltration system extend the last mile of the
project to US 41. Drainage treahnent and attenuation was provided in that 1-mile section by
means of a lateral ditch which ran adjacent to the east side of the corridor. This ditch
drained into the Henderson Canal.
It was determined early in the analysis that additional ROW would be needed at the major
intersections and along the lateral ditch at the south end of the project to increase
intersection capacity and provide sufficient treahnent for the new pavement at the south
end of the project.
Alternative Alignment Analvsis
The objective of the alternative analysis process was to identify technically and
environmentally sound alignment alternatives that are cost effective and acceptable to the
community and Collier County. The process involved the use of aerial photography,
survey, previous permitting and site development history, and transportation and traffic
planning analysis to evaluate project alternatives.
The alternative alignment analysis revealed 3 possible alternatives:
1. "N 0- Build"
COLLIER JI_ROW_TECHNICALMEMO_21407WJG.DOC
Agenda Item No. 10C
March 13, 2007
P80!'l q of 35
2. Widen/Improve alternative corridors
3. Expand Collier Boulevard to a 6-lane facility.
Each of these 3 alternatives is summarized in the following section.
"No Build"
The "No-Build" alternative would rely on other transportation improvements nearby or
system-wide to handle traffic flow that otherwise would utilize Collier Boulevard. The
result of steadily increasing traffic being distributed to other corridors would only add
congestion to those routes, leading to longer travel times. The additional congestion would
lower travel speeds, lengthen vehicle queues, impair traffic flow, increase volume, and raise
the risk and probability of vehicle accidents. Each of these impacts does not meet the long
range transportation goals of Collier County and would not be a benefit to the traveling
public. In fact, the widening of many of these roads is also included in the Long Range
Transportation Plan and will be required in the future to handle growing traffic demands.
As a result of this analysis, the "No-Build" alternative was not considered feasible for this
project.
Widen Alternative Corridors
The Collier Boulevard corridor is one of only seven major north-south corridors in Collier
County, and is the primary north-south corridor east of 1-75 and Logan Boulevard. The need
for additional north-south arterial capacity within Collier County for travel demands east of
1-75 has been identified and studied at the long range planning level for more than a decade.
Due to past and current development patterns, few alternatives exist to widening existing
roadway facilities.
The widening of many alternative north-south corridors has taken place in the past 5-10
years. To the west Goodlette Frank Road (7 miles west) is currently being widened to 6
lanes, Airport Pulling Road (5 miles west) has been widened to 6-lanes, Livingston Road (a
new corridor - 4 miles west) was constructed to 6-lanes, 1-75 (3 miles west) is currently in
the planning stages to be widened to 6-lanes and portions of Logan Boulevard (2 miles west)
is being designed and constructed to improve capacity. To the east there are future plans to
widen Wilson Boulevard, Everglades Boulevard and Desoto Boulevard.
The improvements to east-west roadways intersecting Collier Boulevard, such as Davis
Boulevard (currently under design), Rattlesnake Hammock Road (currently under
construction, Sabal Palm (currently in developer planning), Grand Lely Drive, Lely Cultural
and US 41 as well as the additional development activity along the corridor will place
additional capacity demands on Collier Boulevard. To meet current and future capacity
needs, the only viable alternative is to widen Collier Boulevard to six lanes at this time.
Widen Collier Boulevard
The alternative to widen Collier Boulevard was selected as the preferred alternative by
Collier County's Transportation Planning Department. Collier Boulevard serves as the only
north-south route for residences living in adjacent communities and commercial
development and extremely high volumes of traffic commuting east-west add to the local
COLLIER JI_ROW_ TECHNICALMEMO_21407WJG.DOC
Agenda Item No. 10C
March 13, 2007
PrlQA 1 () of 35
traffic. Collier Boulevard cannot sustain the high volume of traffic that exists in the current
4-lane configuration.
The projected traffic levels on Collier Boulevard (2010, 2015, 2025 and 2030) show a warrant
to improve the corridor to a 6-lane facility. The 6-lane widening will relieve the congestion
on Collier Boulevard as well as adjacent facilities. The additional lanes will help reduce the
risk of auto accidents and personal injury to the citizens of Collier County due to congestion
and access management issues. The widening of Collier Boulevard will also achieve the
goals of Collier County's Transportation Planning Department and Traffic Operations
Department to interconnect signal timing, improve operations, and provide pedestrian
facilities (including sidewalks, pathways and bicycle facilities) as well as adding handicap
accessibility features. The proposed project will ultimately afford the citizens of Collier
County alternative corridor selections for commuting.
Much of the right-of-way for the corridor was already owned by Collier County since the
majority of the improvement will take place in the existing median. Long-range planning
criteria require the consideration of impacts to environmentally sensitive areas. Generally,
the impacts of roadway construction utilizing existing corridors have less environmental
impacts than new corridors. As such, the section of Collier Boulevard from US 41 to Davis
Boulevard will result in less environmental impacts than a new corridor.
"Where the existing right-of-way was insufficient to accommodate the proposed intersection
improvements, there was little choice but to either relocate portions of the existing canal
along the east side of the road, or to acquire additional right-of-way along the west side of
the existing right-of-way corridor. Factors against relocating portions of the existing canal
included the length of time to obtain permits from the South Florida Water Managemment
District, the cost of moving the canal itself, as well as the creation of less-than-desirable
traffic "weave" around the left turn lanes through most of the corridor.
The proposed project has been coordinated with the South Florida Water Management
District. A Threatened and Endangered Species Survey was conducted and findings were
negative. A wetland survey was conducted and wetland areas along the corridor were
flagged. Refinements to the proposed ditch widening at the south end of the project
resulted in no wetland impacts. The proposed roadway widening project did not result in
any wetland impacts.
The surface water drainage issues along this project have been coordinated with the South
Florida Water Management District. The Environmental Resource Permit (ERP) for this
project has been obtained from the SFWMD. The project will result in a net benefit to the
existing surface water quality.
Conclusion
The 6-lane roadway corridor widening and adjacent development was previously well
planned by Collier County, so widening the existing facility resulted in minimal need for
additional ROW acquisition.
There were no viable cost effective alternatives available which would result in the need for
no ROW aqusition.
COLLIER JI_ROW_ TECHNICALMEMO_21407WJG.DOC
Agenda Item NO.1 OC
March 13, 2007
Prl\)P. 11 of 35
COLLIER _"_ROW _ TECHNICALMEMO_21407W JG.DOC
Agenda Item NO.1 OC
March 13, 2007
Page 12 of 35
RESOLUTION NO. 2007-
A RESOLUTION AUTHORIZING CONDEMNA T10N OF FEE SlMPLE AND/OR
THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY
FOR THE CONSTRUCTION OF THE SIX LANING AND ASSOC1A TED
IMPROVEMENTS TO COLLIER BOULEVARD FROM U.S. 41 TO DAVIS
BOULEVARD. (CAPITAL IMPROVEMENT ELEMENT NO. 86, PROJECT NO.
6000 I).
WHEREAS, the Board of County Commissioners (Board), on October 26, 2004, adopted
Ordinance No. 2004-71 therein establishing the Capital Improvement Element of the GrO\vth
Management Plan in ordcr to establish priorities for the design, acquisition and construction of
the various capital improvement projects: and
WHEREAS, the Transportation Element of the County's Comprehensive Plan was
adopted in Ordinance No. 2004-71; and
Vv1-IEREAS, the six-lane section of Collier Boulevard from U.S. 41 to Davis Boulevard
(Project No. 60001) is onc of the capital improvement projects required undcr the Transportation
Element of the County's Comprehensive Plan; and
WHEREAS, on June 20.2006. the Board adopted Resolution No. 2006-156 authorizing
the condemnation of property for the construction of the Collier Boulevard Project; and
WHEREAS, sevcral refinements in the project design have been made since Resolution
No. 2006-156 was approved: and
WHEREAS, the location for the construction of the proposed improvements has been
fixed by survey and is 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 the project alternatives, various impacts upon the environment, long range
planning options, and public safety considerations, the Board desires to exercise its right to
condemn property for public purposes.
NOW, THEREFORE, BE IT RESOL VED HY THE HOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the
Board that the expansion of Collier Boulevard from U.S. 41 to Davis Boulevard (hereinafter
referred to as "the Project") is necessary and in the public's best interest in order to protect the
health, safety and welfare of the citizens of Collier County.
Agenda Item NO.1 OC
March 13, 2007
Page 13 of 35
AND IT IS FURTHER RESOLVED that construction of the Project is an integral part of
the County's long range planning effort, and is included in the Transportation Element of the
County's Comprehensive Plan for Grov.1h Management, as approved by the Florida Department
of Community Affairs.
AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative
locations for the Project, and the costs associated with the design, property rights acquisition, and
construction of the project, as well as public safety and welfare considerations associated with
the design and construction of the Project, and various impacts to the environment, and the
Board finds that after consideration of these issues, the most feasible locations 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 in order to construct the Project as designed, it
is necessary for the Board to acquire various real property interests described in Exhibit "A" to
wit: fee simple title interests and/or those perpetual easement interests.
AND IT IS FURTHER RESOLVED that all 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
Chaplers 73, 74 and 127, Florida Statutes, the above referenced real property interests more
particularly described in Exhibit "A," attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the property
sought to be acquired 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
,2007, after motion,
second and majority vote supersedes and replaces Resolution No. 2006-156.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and
le~al sufficiency: {
(--";;'/1 C'~ / ~
Heidi F. Ashton
Assistant County Attorney
-Page 2-
LOT 10
Parcel
I
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Of- t5 LOT 1 1
""5<(
80..0-
PARCEL
109
LOT 12
I~
:'.38
I
I
25' 7' S E. I
-C.R. Book 2~241
Co ::loge 160
I
I
FEE ~'MPLE
INTeREST
...,.
..
Co
u")
b
o
/- pos
- - - - - L37
LEL0YCUL~~RAL_~0R~WAY
.-- 120' R/W
LEL Y RESORT
'- PHASE TWO
- P,LAT BOOK18."",,~\
-PAGeS A5--46) !
I
'.-
o 2.5 50 100
GRAPHIC SCALE
N
109
Agenda Item
March 1
Page
o.10C
,2007
4 of 35
Legal Description
The East 25.00 feet of Lot 12, Edison
Vi11aoe, os reco....ded in Plot Book 4J paces
76 through 77 of the Public Record~ of'
Collier County, F:orida. :ceing more
por\icu1crly deScribed cs follows.
Beginning at the southeast corner of soid
Lot ~ 2, seid point olso be;.,g the
;r.tersectlon of the r:ortherly righ1-of-woy
line of Lely Cultwral Parkway and the
westerly right-oi-way line of Collier
Boulevard; thence Sawth 8S':)S'31" West,
along said nart'oerly right-ai-way line, a
disto!'".;:e of 25.0.3 feet; thence leOYlng said
line North OC'50'44" Ecst, a distance of
204,05 feet. to ~he nort~erly line of said
~ot 12; tr,ence Nor\h 88'0 ~ 'AS" East. along
scid northerly line. a distance of 25.03 feet
to 0 point on the westerly right-of-way
line of Cellier Boulevard; thence South
00'50'44" West along said westerly right of
way line. 0 distance of 204.10 feet to the
POINT OF BEGINNING.
Containing 5.102 square teet, mare or less.
EXHIBIT :\
Paga-L of~
NOTES:
7. This is not 0 survey.
2. Basis of bearing is the Wesl line of
County !?oad 951 (C.R. 951) being N
00'50 '44" f, norido State Plane Coordinates
NAD 83/90, [osl Zone.
3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon ore per plat,
unless otherwise noted.
5. Dimensions ore In feet and decimals
thereof.
6. Certificote of autharizollan LB 43.
7. R/I/i represents Righ!-cf-Wcy.
B. P.O.B. represerits POJ'nf of BeginnIng.
9. p.O.C. represenfs Pcnnt of Cornmencemen
i O. O. R. represents Offlciof Records.
71. L.2.[. represents Lcnasccpe Bu~fer
Casement.
12. UE. represents Utility Easement.
13. F.P.L.E. represents nor/do Power &: Light
Easement.
74. D.f. represents Drainoge Easement,
15. S.E. represents Sidewalk Easement.
16. P.U.E. represents Public Utility Easement.
::10
LINE
LJ7
US I
LINE TABLE I
LENGTH I BEARING I
25.03 i SSS'OS'31"W I
25.03 N88'01 '48"E I
DAVID J. H "ATT, (FOR THE FiRM)
tLA. LIe I:). 5B3~
NOT VALl WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL, OF A FLORIDA LICENSED
SURVeYOR AND MAPPER ' .
E.,
CHl FU::
IC-41
This is NOT 8 Survey.
Wi/.Miller -~=--
,....,.,.&v-t.~..,...,.,...~~.~~
~..-.ilc.
:IfQl...,.....JD:l......Arl:III~.,.............,.". 2>>-.,....,.......---..,._
I PllC.IEI:T NO: SHEET
N5015-SQU-OOJ 109
t:1F X
1-..cI INDEX NO:
lC-41
I~
U'J~ 15. 2:.115 - ~)9" ~ ~,_'J ::,SG':"""i:=.lx '. :;1, P\COIIE': r;\'c\Cl-i.::'~i-i:i1\ I C -~ 1\ L:::~ ')' :l1LTL'r~A,- ~tOK"'.'AY ~ ~:;"-i:::CR[EK DRivE d....g
I
TEMpORARY
1
CONSTRUC~ION EASE~ENT
DURATION I '~., YEARS.
, I
I
.---.---..--.....----.
Parcel 709
LOT 10
I
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~ (j
~ ..Jz I
.s~ ~ n: I
on: <(0 I
::G I US' I
w )
~ :/
I U I
!:,~ I
1 I 7' SE. f
l..-,' '-O.R. Book 2124
, Poge 160
L40 I
1
r
I
25' L.B.E.--".
& D.E. '
W,...j'r---.
0...,....
:5",1
~otO
>0"'"
ZCDv>
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~:5<(
8CLQ.
LOT 11
25' L.B.E.
& D.E.
25'
V Ln.!
o 0
...i ~I
~ ~I ~~
w 3:::ct
~v ;v'!'iii
b ~ b
Lf) . iii: I~
PARCEL ~ ~: I'
- --709 -- '-18'".,-poc
_ _ _ _ _ ' . '/ 25.03'
~ c.39'~ S88'08'31"W
POB
LELY CULTURAL PA~WAY
- G' -12o'R7W
LELY RESORT
PHASE TWO
- PLAT BOOK \ 8,
- - PAGES' 7+5:4"6-
LOT 12
+
N
I
~o 100
GRAPHIC SCALE
~-
D "
200
LINE I
L.39
L4Q
E.,
0.10C
,2007
5 of 35
Legal Description
The West 8.00 feet of the Easterly 33.00
feet of Lot 12, Edison Villoge. os
recorded in Plat Book 43, pages 76
through 77 of the PUblic Records of
Collier County. Florida, being more
particulorly described os follows.
Commencing at the southeast corner of
said lot ~ 2, said point also being the
intersection of the northerly right-aI-way
line 01 lely Cultural Parkway and the
westerly right-at-way line of Collier
Boulevard; thence South 88'08'3'" West.
olong said northerly right of woy line, 0
distor,ce of 25.03 feet to the POINT OF
BEGINNING: thence continue South
88"08'3'" West, along said line, 0
clstonce of 8.01 feet; thence leaving SOld
li~e I~orth 00'50'44" East, 0 distance of
204.04 feet to the northerly line of said
Lot 12: thence North 8S"01 '48" ::ost.
along said northerly line, 0 distance of
8.01 teet: thence leaving said line South
OCJ50'44" West, 0 distance of 204.05 feet
to the POINT OF BEGINNllolG.
Containing 1,632 square feet, more or
less.
EXHIBIT
Pa~ .9 of ;78..
-
NOTE:S:
,. This is not a survey.
2. Basis of bearing is the West line of
County Rood 95' (CR 951) being N
00"50'44" [, Florida State Plane Coordinates
NAD 83190, Eosl Zone,
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon ore per plot,
unless otherwise noled.
5. Oimensions ore in feet and decimals
thereof.
6 Certificote of authorization LB 43.
I. RIW rep'escnts RighI-of-Way.
8. P.O.B. represeMs Point of Beginning.
9. P.O.C. represents Point of Commencemen
;0. O.R. reoresents Offici,,] Records
11. L.8.E. represents !..onds:;ope B:.Jfer
[osemen!.
12. U.E. represents UWity Easement.
13. F.P.L.E, represents Florido Power & Light
E:asemenr.
14. D.E:. represents Drainage E:osement.
15. S.f:. represents Sidewalk Easement.
16. P.U.E:. represents Public Utility E:asement.
BEARING
: S88'OB'31"W
N8B"O 1 '48" E
~jr!t
C1 .
,--).J /'-11.,1.
DAVID J. H 'i~1T, P"_'.M. (FO.'? THE: F1"?M)
FLA. LlC. Nt). 5834
NOT VALID WITHOUT' THE: SIGNA TURE: AND THE
ORIGINAL RAISED SEAL OF Ai FLORIDA LICENSED
SURVEYOR AND MAPPER
This is NOT a Survey.
Wi/.Mlller __.=--=-M
.........~.~.........,..,.~........~~
_,he.
,W)....,.......101J .__~.NIIHC)'.1'lw. ~.fv,....... ...... -........-
CMI FUl
lC-41
1PRC:l.'l!CT NOI SHEEr
N6015-S0U-OOI 709
O1X
DIIMIG IIlEX NOI
IC-41
Et:
\~C" :)9, "2006 _ 1022:0' TOsBORN~lx\SUR\coll;er blvd\CH2MHil\\ ~C-4'\LELY CULTURAL P,dRKWAY-lONECREEK DRl\IEdwg
LEL Y CULTURAL PARKWAY
~ .~t!!._
LEL Y RESORT
PHASE TWO
PLAT BOOI< 18,
PAGES 45-46
--~
I
I
I
LOT 10
PARCEL
110
LUn-f'.
5v~
-'>L<i:J
50"
o
ZroUl
0....t5
\:2:3<
8a.a.
LOT "
25' L.B.E.
& D.E.
LOT '2
_ _ --=-- ~ ~--=:J
Parcel
110
,I
'_42'
25'
7' S.E. I
-O.R. Book 2'24f
. Page 1 60
,
I
FEE SIfi.1PLE
INTEREST
I
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LINE
L41
L42
LINE -; ABLE i
LENGTH I BEARING I
25.03 ! 588"01 '48"W
25.03 I N88'01'4S"E I
SCALE
I PIlCUECT NO: SHEET
N6015-S0U-OOl 110
Agenda Item
March 1
Page
o. 10C
,2007
6 of 35
Legal Description
T~e East 25.00 feet of Lot 11. Edison
V;iicge, os "e:::orced in Plot Soak 43. ooges
76 through 77 01 Pie Public Records of
Col:ier Co'...:nty, r=!oricio. being more
;JortiClIlcrly descri~ed os follows.
Beginning at the southeast carner of said
Lot ", said point also lying on the
westNly right-of-way line of Collier
Boulevard: \ner,ce Soc;\h 88'01'48" West
c:ong tr-e scuthe"jy tine of soid Lot i i I 0
::lstcnce of 25.0.3 feet; the~ce leaving said
line North OC'50'44" East. a d!storce of
225.01 feet to the northerly line of sCfd
~ot 11: thence "orlh 88'0"48" Ecst. along
said northerly Jil1e. 0 distance of 25.03 feet
to the northeast corner of said Lot l' end
c point on said westerly right-of -way line;
the:1ce SOL.:th ,:)0"50'44" Iflest along the
westerly right of way line of scid Sollier
Boulevc~d. 0 disto'1ce of 226.01 feet to the
FOIW OF BEGINNING.
Containing 5,650 square feet, more or less.
EXHIBIT
Pa~ of ..:;
--
NOT[S:
1. This is not a survey.
2. Basis of bearing is the West line of
Coun ty Rood 951 (C.R. 951) being N
00'50 '44" f, Florida State Plane Coordinates
NAD 83/90. [ost Zone.
J. Subject to easements, reservations and
restrictions of record.
4. [osements shown hereon are per plot.
unless otherwise noted.
5. Dimensions ore in feet and decimals
thereof.
6 Certificate of ou~hDr;zo!io.'"! LB 43.
7 q/w rept'''e5ef')~S Piqi,t-o( - Viay.
8. P C. e. represents POint of 8egin.cirg.
9 P.o.c. represents p;J,",""r of Ccmmenceme,'"
10. 0 R. r~;Jres!:nfs ::J(fi{;r-:;: R5cords.
; 1. ....6'.[. r<?r::"'esefit~ LOf'iGSCODe Bu~fer
[Qserr:e,'''d.
12. Uf. represents Ulility fosement.
13. F".P.LE represen!s Florida Power & Light
Easement.
14. D. f. represents Drainage [osement.
15. S.[. represen!s Sidewalk Easement.
76. P.u.[. represents Public Utility Easement.
, ..
DAVID J. HYATT. FIRM)
FLA. Lie. NO. 5 34
NOT VALID WITHOUT TH[ SIGNA TURf AND TH[
ORIGINAL RAISED SEAL OF A FLORIDA UC[NSro
SURVfYOR AND MAPPfR
This is NOT a Survey.
Wils(lnMiller -_.~.=--
,...,.....w--r.&o/loIIIIJ.~.~~.~~
_.he.
:tlQ)...,.....ID1J......fItIn:fIl'QHlt'...... ........,...ftJ ,....,...,.~_........._
~..lor 13.2006 - 14~'9:29 TOS8':JRNEIX:,SUR\Colli€-r blvd\C\..!2MHiil\lC-4)\..~LY CULTURAL PA.RI<.wAY-~ON[CREEK Oli'1V[ DINg
Of" X
_ HlfJl _
lC-41
I~
o 0
ID l.O w
N N ,
N,N IV
,W ~ 12;
.~: ~'Iii
o 0
z "U1 _ 25'
POB
...----- PO C
25.03
S88'01'48"W I
7' S.E.
- O.R. Book 2 \ 24,
Page 160 I
LOT 10
L44
PARCEL
710
Wto'"),.....
0.........
::s I
--'''<0
>8....
Zco(/)
o.....~
\!!s<
811.11.
LOT 11
8'
LOT 12
~
LELY CULTURAL PARKWAY
1 20' R/~_
- _.,"_.._--~
LEL Y R:::SORT
PHASE TWO
PLAT BOOK 18,
PAGES 45-46
----~
- .-. -----.
--- --"+-
i
N
\ -
-
o 2~ $ 100
GRAPHIC SCALE
Parcel 710
0.10C
,2007
of 35
rl
I
Legal Description
The westerly 800 feet of the easterly
33.00 feet of Lot 11, Edison Village, os
recorded in Plot Book 43, pages 76
through 77 of the Public Records of
Collier Counly, >torido, being more
particularly described os follows.
'L2S' L.BE.
& D.E.
Commencing 0\ the southeast corner of
said Lot 11, said point also lying on the
westerly right-of-way line of Collier
80ulevord; thence South 88'01 '48" West,
along the southerly line of said Lot 11, 0
distance of 25.03 feet to the POINT OF
BEGINNING; thence continue South
88'01 '48" West, along said line, 0 distance
of B.Ol feet; thence leaving said line
North 00'50'44" Ecst, 0 distance of 22601
feet to the northerly line of said Lot 11:
thence North 88'01'48" Ecst. along said
northerly line, 0 distance of B.Ol feet;
thence leoVl"g soid line South 00'50'44"
West, 0 distance of 226.01 feet to the
POINT OF BEGINNING.
:...
Containing 1.BOB square feet, more or
less.
EXHIBIT .;
Page~ of--.2
I
/:
( I
NOTCS:
,. This is not 0 survey.
2. Basis of bearing is the West line at
County Rood 951 (C.R. (51) being N
00'50 '44" [, Florida State Plane Coordinates
NAD 83/90. Cost Zone.
If)
(])
I
a::
2::!::
........
cia::
> -
-1L.1)
CDN
a::
w
::J
-1
o
U
r1
-1Z I
<I:: a::
Z
<1::-
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I ~
/
I
6. Certificate of authorization LB 43.
7. r</w represents Ri911t-of-Way.
8. P,O.B. represenls Poi,~t of Beginning.
9. P,O C. rep....esents Point ':Jf Commencemen
f O. a.R. represen/s Official Records.
~ i. L.8,E. represents Landscape Buffer
EosemenC
12. U.[. represents Utility [osement.
1 J. F.P.LE represents Florida Power & Light
Easement.
14. D.[. represents Drainage Casement.
15. S.E. represents Sidewalk [osement.
16, P. UL represents Public Utility [osement.
3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon ore per plot,
unless otherwise noted.
5, Dimensions ore in feet and decimals
I h ereat.
I~
I
TEMPORARY
CONSTRUCTION EASEMENT
/l
DURATION hi YEARS.
I
"'0
DAVID J. WATT, .SM. (FOR THE: FIRM)
FLA Lie. NO, 5834
NOT VAUD WITHOUT TH[ SIGNATU.q[ AND TH[
ORIGINAL RAIStD S[AL OF A FLORIDA UC[NStD
SURVE:YOR AND MAPP[R
BEARING
S88'01'48"W
N88'Ol '48"E
This is NOT a Survey.
E..
Wils(lllMiller -,-,;,;:,=--
fMwI.~.~.an.,:n.~A/'d'lkdI.~b!~
_.1Ie.
__...... ,../'t:I'MI.M&fJP.,.. ..........,. ~ ,............... -.......-
<>>oD fUl
lC-41
PlIOJECf NO: SHEET
N6015-SQU-OOl 710 OIF X
DIlM'INlJ HlEl NO:
lC-41
IlE.Vl
"~or 1 J. ;~OE _ ~ ~ t ~ 49 TOSBORNE1X-\SUR\colllt!f b1vd\CH2MHil1\ 1 C-4 t\LEL Y CULTURAL PARKWA'f-LorKCREEK DRtVE.dwg
C/l.
~"'''"'
0""'-
~~.!.
wo_
:::;;0
--=(l)i::J
0::1-0
i;i~~
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---so-- - R/W
W!"":i,....,
5v'l
...J"'",
58""
Z(l)C/l
o W
C/l....0
-:5--=
8o...CL
- -TRACT -H
lOT 10
~ :::.
'oJ
25'
&
POB
I
FEE SIMPLE
INTEREST
I
i
I
I
I
Parcel 111
I-\genaa tem o. 10C
March 1 ,2007
Page 8 of 35
Legal Description
A portion of Lot 10, Edison Village, as
recorded in Plat Book 43, pages 76
through 77 of the Public Records of
Collier County, Florida, being more
particularly described os follows.
Beginning at the northeast corner of said
Lot 10 said point also being the westerly
right-of -way line of Collier Boulevard;
thence South 00'50'44" West along the
westerly right of way of Collier Boulevard,
a distance of 225.31 feet to the
southeast corner of said Lot 10; thence
South 88'01 '48" West along the south line
of so',d Lot 10, 0 distance of 25.03 feet;
thence leaving said south line North
00'5()'44" East, 0 distance of 32.02 feet;
thence South 89'09' 16" East, 0 distance
of 10.00 feet; thence North 00'50'44"
East, a distcnce of 193.78 feet to the
northerly line of said Lot 10; thence North
88'01 '48" Eost along said northerly line. a
distance of 15.02 feet to the POINT OF
BEGI'-INING.
Containing 3,59B square feet, more or
less.
EXHIBIT
0--..< of ~I
. ~~ -...::..::Y-
7' S.E. I
...J - -O.R. Book 2124/
Page 1 50 I
PARCEL
111
LOT 11
lOT 12
+
N
~-
C 2!l 50 laD
CRAP rllC SCALE
Revised bearing direction
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lC-H
NOT[S:
1. This is not a survey.
/!
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<to::
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UO
o
2. Basis of bearing is the West line of
County Rood 951 (C.R. 951) being N
00'50'44" E, Florida State Plane Coordinates
NAD 83/90, East Zone.
J, Subject to easements, reservations and
restrictions of record.
4. Easements shawn hereon ore per plat,
unless otherwise noted.
5. Dimensions ore ;n feet and decimals
thereof.
I
I
I }
,/
I
I
I
6. Certificate of authorization LB 43.
7. .,/\/V/"'epresenfs F?lg"'~-c(_lrA.lay
B. P.C.B. represents Point of Beginnh"g.
9. p.O.C. recresents Point 0.' Cc..-r.mence"i"ren
i 0 0, R. represents Of(icrol RecDrds.
; ,. L.5.[. ,"'epresents :....cncs~ope cuffer
[cse,~e!iL
72. U. E. represents Utility [osement.
13. F,P.L.E. represents Florida Power & Light
Eosemen t.
74. 0.[. represents Drainage casement.
75. S. E. represents Sidewalk Easement.
76. P. UE. represents Public Utility Easement.
LINE
L45
L46
L47
L48
,
liNE TABLE I
L~NGTH BEARING
25.03 'S88'01 '48"W !
32.02 'NOO'50'44" E I
10.00 S89'09"6"E!
15.02 I N88'01'48"E I
C>' (
'--)........!c{1J1^
DAViD ,I '4'(~'7T. ,d .~V (FOF? T'-<[ FiRM)
FLA LlC. NIJ. 5834
NOT VALle WiTHOUT THE SIGNATURE AND THE
ORIGINAL RA!SED SEAL OF A . FLORIDA LICENSED
SURVeYOR AND MAPP[R
03/06
This is NOT 8 Survey.
Wi/sqnMiller --~--
~'~'~''''''''''.l'''''~'~'''~
_.t>:.
.1XO....,.....i.tl.,..."'"*~."'- ~.AI..,.,.....,........ _.........._
PllOJEl::T NO: ISlET
N6015-S0U-001 111
~x
I~ NlEX NO:
1C-41
REY:
r~b 21, 2006 - ~.!;. 4>] TC:;B:)P~~::!X' S",R\ r(,'I'er bJd\ C...;:".1Hil'< S'" &. :J\LEL v C'JLTL~PA'_ PtIRV\,,.'AY -LO\EC~E[I' C,r.WE.dwCl
0.10C
,2007
of 35
A
Porcel 711 A
I
~1
Legal Description
A portion of Lot 10, Edison Village, os
recorded in Plot Book 43, pages 76
through 77 of the Public Records of
Collier County. Florida, being more
particularly aescribed os follows.
Vl.
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V
Commencing at the Southeast corner of
said Lot 10 said point also lying on the
westerly right-or-way line of Collier
Boulevard; thence South 88.01 '48" West,
along the southerly line of said Lot 10, 0
distance of 25.03 feet to the POINT OF
BEGINNING; thence continue South
88.01'4S" West, along said line, 0 distance
of 8.01 feet; thence leaving said line
North 00'50'44" East, 0 distance of 32.42
feet; thence South 89'09'16" Ecst, 0
distance of 8.00 feet; thence South
00.50'44" West, 0 distance of 32.03 feet
to the POINT OF BEGINNING.
l/)
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CDN
_ ________--1__
lONE CREEK DRIVE"
--sfi'R/w
0:::
W
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PARCEL Ib
711A "'. 5>1 _I~
~N'
" on
8' -.J -- I
39~'~;'~~0~~s"w
POB
LOT 11, 7' S E.
--, -O,R. Book 2124t
Page 160 I
T.~ACT - H' - -
- --------1
I
Containing 258 square feel, more or less.
EXHIBIT
PagelL- of ..'~~
LOT 10
W ..
t:>"l,...
5"''1
...J><:lD
50,...
o
zooVl
o.-t5
~<(<:
80:0..
NOT[S:
1. This is not 0 survey.
2. Basis of bearing is the West line of
County Rood 951 (C.R. 951) being N
00'50'44" [, Florida State Plane Coordinates
NAO 8J/90, East Zone.
25' L.B.E.--1
& D.E.
J. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon ore per plot,
unless otherwise noted.
5. Dimensions ore in feet and decimals
thereof.
6. Certificole of outhorizotion La 43.
7. R/W represents Right-of-Woy.
8. P.O.8. represents Point of BegInning.
9. P,O,C, represents POint of Commencemen
10, O.R. ,'epresents Official Pecords.
it. L.B.E. represents Londscope Buffer
LOSemetft.
12. U.f:. represents Utility [osement.
13. F.P.L.E. represents Florida Power &: Light
Eosemen!.
14. D.E:. represents Droinage E:asement.
IS, S.f:. represents Sidewall< Easement.
16. P.U.f:. represents Public Utility Easement.
LOT 12
TEMPORARY
CONSTRUCTION EASEMENT
DURATION :~} YEARS.
+
N
D0~~j,1 ~u?
DAVID J. !-IY,,"T, P.~ (FOR THE FIRM)
FLA Lie N'6. 583'1'
NOT VALID WITHOUT TH[ SIGNATUR[ AND TH[
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
'.-
2!t 50 lOa
GRAPHIC SCALE
100
This is NOT a Survey.
WI/.Miller _N'~r.=....
,.."....~.~.~'~~.~Ial'I~
_,he,
;I2ClI~_"'JIllCl,,,,,,,"".JC&<<Il1''''''''' ~.kI ir3I"-,.,.......... ..........._COI
E.,
I~
\DIlMIIIG INDO IIlll
JC-41
PllOJE:CT IIlll SHEEr
N6015-S0U-OOJ 71JA 01 X
eN) I'I.El
lC-41
'.br 1.3 ::006 _ . .3:se 58 TOS80RI'-IE!X:\SUR\collier bllld\CH2MHih\ 1C-41\lELY CULTURAL PA.RKWAY-LONECR(EK DRIVE dwg
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25' L.B.E.~ 'I~
& DE. I
lONJ:.i;:!3. EEJS_D R I'{E
-- 50' R/W
TRACT H
- - - - -25'-L-:B:E:-~
& DE. ~.
LOT 10
8'
PARCEL
711 B
LOT 11
LOT 12
1_
-
o ~5 50
+
N
I
I
I
I 1
I
TE~PORARY !
,
CONSTRU~TmN EASEMENT
DURA TIO~ YEARS.
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15.02
S88'01 '4S"W
c~. ./POC
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,....; /
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7' S.E. I
O.R. Book 2124,
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Parcel 711 B
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LINE
L53
L54
LINE TABLE I
LENGTH I BEARING i
8.00 I N89'09'16"W I
8.01 'N88'0I'48"E I
Rev 1)
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lC-41
03/06
Agenda Item
March 1
Page 2
0.10C
,2007
of 35
Legal Description
A portior. of Lot 10, Edison Village, os
recorded in Plat Book 43, pages 76
through 77 of the Public Records of
Collier County, Florida, being more
particularly described os follows.
Commencing at the rortheast corner of
seid Lot 10 said point also lying on the
westerly right-of-way line of Collier
Boulevard: thence South 88'01'48" West
along the north lioe of said Lot 10, a
distance of 15.02 feet to the POINT OF
BEGINNING: thence leaving said line South
00'50'44" West, a distance of 193.78 feet;
thence North 89'09'16" West, 0 distance
of 8.00 feet; thence North 00'50'44" East,
a d'stance of 193.39 feet to the northerly
line of said Lot 10; thence North
88'01'48" East along said northerly line, 0
distance of 8.01 feet to the POINT OF
BEGINN'NG.
Containing 1,548 square feet, more or
less.
EXHIBIT
~ I of .')
I~_-
NOT[S:
,. This is no f 0 survey.
2. Basis of beoring is the West line of
County Road 951 (C.R. 951) being N
00'50'44" E, Florida SIale Plone Coordinates
NAD 83/90, fast Zone.
3. Subject to easements, reservolions and
restricflons of record.
4. [osemen ts shown hereon ore per plat,
unless otherwise noted.
5. Dimensions ore in feet and decimals
thereof.
6. Certificate of outhorization LB 43.
7. P./W reor-eSEr: ts .;:;:;gh! - 0.'- a-coy'
8. ;::'.0.8. represep1ts Pc,inl of Beginning.
9. ,oC.C. rep"'eser.t~ Point of CornmeTiCe,""'nen
10. C.R. r-eor'':;!set1ts Cf'i=:icf i?eco"cs.
'1. L.BE rccresenls Lo.cdscope Buffer
~cse('""1~nL
12. u.[. represents UtiHfy Easement.
13. F.peL represents Florida Power & Light
[asement.
14. DE represents Drainage Easement.
15. S.[. represents Sidewalk [osement.
16. P.U.E. represents Public Utility Easement.
DAVID J HYIvTT, f''''. i (FJR TH[ FIRM)
"LA Lie Nd 5834
NOT VALID WITHOUT iH[ S/GNA TURE AND iI-IE
Of?IGINAL RAISW SEAL OF A FLORiDA L1C[NSW
SURV[YOR AND MAPP[R
This is NOT 8 Survey.
Wi/s(mMiller _._~'="M
,....,......~.~.~.~~.~.,...noIrllCcrU...
W'""",,,_,hc:.
lItD,.."......XC.........."t:o'MI:NI:lJ.IIl7.,.... ~.,...~......... _........_
PIlllJE1::T NO: SIEEr
N6015-S0U-OOl 711B OF X
~ ta:X NO:
tC-41
Rf.Vl
Vcr- ~.3, .:r;;~,[, - . .~4g 42 TOS80R"JEIX;\SUR\coLier blvd\CH2MHiJl\ 1 C -41\lEl Y CULTURAL PARKWAY-LONECREEK DR,V( dWQ
Parcel 71 6
\ I;, TEMPORARY
qO~STRUCTION EASEMENT
[0 RATION YEAR8:T 5
I
I
I
I
I
-I
1
1
LOT 14
rO~ p U.E.
\ SEQUOIA DRIVE TRACT
N8T48',9"E 272.38'
L78
01 ~
a::L.o,:
<(0 O'
>' .0
wi o'f'
--.Ji NO
:Ji 0 _____
0' -1
coi ,,/ 10'
Ill! I P .U.E.
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::::!' I
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a:: 1
a:; 1
W I
Vi :
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S87'48"9"W
PARCEL 716
(fl
~"'t')
010_
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::;;0
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Vl
LOT 6
Legal Description
A portion at Tract A, Sequoia Drive, Sierra Meadows, less
the easterly 30.00 teet, os recorded in Plot Book 39,
pages 11 through 1:\ at the Public Records ot Coliier
County, Florida, being more particularly described os
follows.
+
Commencing at the southeast corner of said Troct At
Sequoia Drive. said point elso being the intersection of Ihe
westerly right-of -way line of Collier Bou'evard and the
southerly right-of-way line of Sequoia Drive: thence South
87"48'19" West. along the south line of said Tract A,
Seouoia Drive. 0 Distance of 30.04 feet to the POINT OF
BEGINNING: t',ence ccntinue South S T 48'19" West, along
said southerly rlghl-of-way iine. 0 distance at 20.03 feet:
Ihence leaving soid line North 00'50'44" Eost, 0 dislonce of
24.37 feet: thence Jaulh 87"48'19" West, 0 distonce of 282.40
feet: thence North DO'5~'44" Eas\. a distance 01 20.02 feet:
lhence North 8748'19" East. 0 dislor.ce of 10.02 teet; thence
South 00'50'44" West. 0 distance of 6.00 leel: thence North
8748'19" East, 0 distance of 272.38 feet: thence North
00"50'44" East. 0 dls.tance of 38.39 feet to 0 point on tne
t.Jo..th Right-of-VJoy line of Troct A, Sequoia Drive; thence
Norlh 87'4-8' 1 g" E()st, along said r\ortherly right-of -way
line, 0 dlstcr.ce of 20.03 feet: thence South 00"50'44"
West, 0 distance c;f 75.78 feel to ~Me POINT or
BEGINNING.
Containing 5,549 sQuore feet more or less.
N
EXHIBIT
Page C(,.., of-21.
BEARING
S87'48'19"W
NOO'SO'44" E
I N87'48'19"E
I SOO'SO'44"W
LINE
I L7S
" >00 L76
L77
L78
L79
Rev Revised per CH2MHILL design changes
Rev Revised per CH2MHILL design changes
Rev Revised per CH2MHIll design changes
i
II
-!- 25' L.B.E.
I & D.E.
I
I
1
'I
I
'VTroct K
, I
'I
I
I
d I O. 10C
March 1 ,2007
Page 1 of 35
L
:'::
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UO
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w
'v
,v
:0
NOTES:
1. This is not 0 survey.
2. Basis of bearing is the West line of
County Rood 951 (C.R. 951) being N
00'50'44" [, Florida State Plane Coordinates
NAD 83/90, [ost Zone.
J. Subjecf to easements, reservo/ions and
restrictions of record.
4. Easements shown hereon ore per plat,
unless otherwise noted.
5. Dimensions ore in feet and decimals
thereof.
6. Certificate of authorization LB 4J.
7. R/W represents Right-or-Way.
8. P.O.B. represents Paint of Beginning.
g. P.O.C. represents Paint of Commencemen
10. O.R. represents Official Records.
71. L.BE represents Landscape Buffer
Easement.
12. U.E. represents Utility Easement.
13. F.P.L.E. represents Florida Power & Light
Easement.
74. D.E. represents Drainage Easement.
15. S.E. represents Sidewalk Easement.
16. P.U.E. represents Public Utility Easement.
.'S.M. (FOR THE FIRM)
O. 5 4
NOT VALID WITHOUT THE SIGNATURE ANDJHE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
This is NOT a Survey.
Wi/.Miller --:.==--
1'liwrWf. &P'IMrI" ~,.....,..... ~~. rr......ibrl~
_.k
_....II'II..."".,..~~.,..., ...........,., ,....,...... -.............
CAD FIE:
IC-41
fIllClJEl:f NO: IHEEI"
N6015-S0U-OOI 716 OF X
~_NO:
IC-41
lIE.\/:
t.hl~ 09, 2006 _ 15:14:.36 TOSBORNtIX\SlJ,~\colli~r bivd\CH2MHill\lC-41\Lone Creek Or - Rotll.esnoke Hammock dwg
POicel 517
_____w_______
------------
-----------
.-----------
_ __ __ _ _ ___ _ _ _ _ __ _ _ _ _ _ __ ___J
kgenoa Item
March 1
Page
0.10C
2007
of 35
RA~~~~_~KE_. H~I!'QS:~_ R~AQ_
3'x4' SIGN t:ASEMENT
/O.R.BOOK 3070, P. 1475
..---.- - ----If:: Q~ - ~~-;,-~;: ~ ~~,-~--;; ;~;_;,n - - _u, i - - - -- ~ -TR~l-G!
, ''',,',... ~""" ~ ,.'"'t . . !
....J S8T4B'~9 w L_'.2.~i1... ___,
-- -----..------- '-11'
l25' L.B.E. PARCEL J
& D.E. 51 7
Perpetual/ Non-Exclusive
Slope Easement LOT 4
EXHIBIT I)
Page~ of~
j~
LOT .3
SIt:RRA MEADOWS
PLAT BOOK 39
PAG~S 1 1 -- , 3
i
I
m; T _________j,,'~~O~,i!09~
I I' -------j --1
\ I - ,- - -- - - - - I LOT 5
24' ACCESS
EASEMENT
AS DESCRIBED IN
Legal Description
The North 11.00 feet less the East 75.00 feet of
Lot 4. Sierra Meadows, os recorded in Plot Book 39,
pages 11 through 13 of the Public Records of
Collier County, Florida, being more particularly
described os follows.
B~qinn;no at :he r,o...thwest cor"';er of said ~ct 4,
s(<d pc;~~ also Iyiri~ 011 t'le SOJtrer:y righ: - oJ -w:JY
line of Rattlesnake Hcm.~ock PCGd; thence t'Jorth
ST48' j g" Eosl e1or-lt; scid sOutl-,eriy ~:~~t-cf -way
line, 0 d[stonce of 272.38 feet to 0 Doint an ~he
West line of the Ecst 7S.aO feet of Lot 4; Ihe""'ce
So~th CD.SO'44" W~st clor~ said li.,e. a cls~cnce oJ
1 i.02 feet; t'~ncc leavj:"')g scic lir:e South 87.46'~9"
V,.'est. c distcl"'\ce of 272.38 'e('t to ~''le .....cste~ly li"',e
of ~oid Lot 4; he'\ce ~'J0dh O:;.5~J.t.4.' E:::st ~1"""'\-J
said w!:ste..-iv lire, C d;s~or.:.e of . i .C2 fce~ ~o ',he
POiNT or BEG'r.JN:\;G,
Containing 2,996.18 square feet, mare or ,ess.
GRAPHIC SCALE
:::0
SEARING
I SOO'50'44"W
NOO'SO' 44" E
26 E.,
CAD FI.E:
lC-~l
I PROJEX:T NO: I SHEET
f\601~-SOU-OOI 517
i": 1.!.];::, TOSBOF.NClx:\SUR\coliier t,i\ld\C'""2t.\hill\ 1 C-4 "\Lc:"le Creek Dr - Rot(lesnokl!! Hornmock: dwg
OF X
_ NlEX NO:
lC-41
REV>
~ky C;, :::SJ€
I
I i
r!(1
::' I I
lJ) I
0> I I
I I ;;::
2~ I ~~ I
c:i a:: I <5 0
> 0
.....JlJ)
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i
l~
..,.
1~
.0
1J"1
b
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I.
,Z
I
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I
NOT[S:
1. This is not 0 survey.
2. Basis of beorino is the West line of
County Rood 951 (C.R. 951) being N
00'50'44" [, Florido State Plane Coordinates
NAD 83/90, [ost Zone.
3. Subject /0 easements, reservations and
restrictions of record.
4. Easements shown hereon ore per plot.
unless otherwise noted.
5. Dimensions ore in (eet and decimals
thereof.
6. Certificate of authorization LB 4.3.
J. k,/~,r ,.eoresen!s Right-of-Way
B. '::'.c.3. "'-ep"esenrs Point of E;'c'Jirr.;"'9
9='. O. C rCDr~ser. ts POint of Ccr-r,rr"er;ce,'-rH:n
; J. C.R. rep-rese"~s 01(':601 Records.
; ,. ;...- 8.[. r-:-prescnfs Lor.ds;::oDe SufFer
::~5e."'"""Ie_"'t.
7 2. UE represents Utility [osement.
1.3. F.P.L.E. represents Florida Power & Light
Easement.
14. o.E. represents Drainage Easement.
15. S.[. represents Sidewalk [osement.
;6. P.U[. represents Public Utility [asement.
C;;..-/
1 \ .
,~c\'l
DAVID J.H/ATT, i/. .S.M. (FOR TH[ FIRM)
FLA. LlC. NO. 5834-
NOT VALID WITHOUT TH[ SIGNA TUR[ AND TH[
ORIGINAL RAIS[O S[AL OF A FLORIDA LlCENS[D
SURVEYOR AND MAPPER
This is NOT a Survey.
Wil.Miller -..~"_..
,..."...~.~.an.,..n.~~.~~
WlfonUw, hi:.
2il'ClCl..,.....J\XI.__~~.,...~.hJ nJ.~....... _.........._
RATTLESNAKE H~Mo.~~_ R-2AI2.____
- --"-- - 3'.4' SIGN EASEMENT
r._O...R.._B.O_.OK 3070, P. 1475
SOO'50'44"W 11.02' .
---.-.----\----.- .Ti<ACT G:, I
.-.POB---..--......~.-;-..-- ~ ~
l,." : 1:- ( :\ (I
J~ ~ I
LOT 4 Ibm I
,"'1 I I :s: I
II~ S~ I ~ ~ I
'0:: <to
52 u 8 I
~~ ~ '
I
I
Parcel 717
--. -- -.. --.... - ----- - -- -- --.... ---
._-- --.... --- ----- -- -.. -- -- ----- ----
,
_____~______.J
---
POC
-....---------- -
r-:
_ C" 07'-48'-1 g"..w 2-7~ .-3 S'
-1-- -:><0
25' L.B.E. PARCEL
& D.E. 717
------"
LOT 3
SIERRA MEADOWS
PLAT BOOK 39
PAG!:.:S 11 - 1 3
\
24' ACCESS
EASEMENT
AS DESCRIBED IN
r O.R. BOOK 2909,
I_~ ___________L-~A~~~~3~-,
hl_:____________ .'1- ------- -1
I 1 LOT 5
Legal Description
The South 5.00 feet of the North 16.00 feet less
the East 75.00 feet of Lot 4, Sierra Meadows, os
recorded in Plot Book 39, pages 11 through 13 of
the Public Records of Collier County, Florida, being
more particularly described os follows.
Commencing at the northwest corner of soid Lot 4,
said point also lying on the southerly right-of-way
line of Rattlesnake Hammock Rood; thence South
00'50'44" West along the west line of said Lot 4, 0
distance of 11.02 feet to the POINT OF BEGINNING;
thence North 67'46'19" Eost, 0 distance of 272.38
feet to 0 point on the West line of the East 75.00
feet of Lot 4; thence South 00'50'44" West along
said line, 0 distonce of 1102 feet; thence leaving
said line South 6T46' 19" West, 0 distance of
272.38 feet to the westerly line of said Lot 4;
thence North 00'50'44" East along said westerly line,
o distance of 11.02 feet to the POINT OF
BEGINNING.
Containing 1,361.90 square feet, more or less.
+
TEMPORARY
CONSTRUCTION EASEMENT
DURATION YEARS.
N
~- I
o ~~ 50 100
GRAPHIC SCALE
LINE
L174
L175
~oo
Agenda Item I
March 1
Page 2
.10C
,2007
of 35
n::
, , rl ~
,~ K
yTract
NOTES:
1. This is not a survey.
2. Basis of bearing is the West line of
County Rood 951 (C.R. 951) being N
00'50'44" E, Florida Stole Plone Coordinates
NAD 83/90, East Zone,
J. Subject to easements, reservations and
restriclions of record.
4. Easements shown hereon are per plat,
unless otherwise noted.
5. Dimensions ore in feet and decimals
thereof.
6. CcrUfi=ote of cuthorizotion LB 4..3.
7. P/W represents Ri;hf-o(-W=y.
8 p.O.8. -"cp."csen!s Po,.,t of B~ginf1;ng.
g, p.O.C. represents Point of CorM.~e"Cemel"'l
i O. O. R. represents Official Records.
i 1, L.B.[. represents Landscape Buffer
Casement.
12. U.E. represents utility Easement.
13. F.P.L.E. represents Florida Power & Light
Easement.
14. D.E. r~;:resen!s Draincge [osemet1L
t 5. S. c. reorese,,!s Sidewo/k Easement.
16. P.U.E. reoresents Public Utility Easement.
,<
EXHIBIT
Page-1fL of~
"ATT, I=<(.M. (POR THE nRM)
FLA. Lie. NO. 58 4
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED StAL OF A FLORIDA LlCENSro
SURVEYOR AND MAPPER
This is NOT a Survey.
Wil.,Afiller -~~.=..
~.~.~.~.~kM<<b.r,.......,,~
W-~.I'>e
.>>OO...,.rw....l'Ot!......,.,.S<<IhtlIt'."'- ~.kl ,.,..,......... -.........
CI.Il FU:
IC-41
fIlIO.lCrr NO: Sl-EEf
N6015-S0U-OOl 717 OF X
~ NIDC NO:
IC-41
!lEY:
Mn"- 0'3. :-~!(lt? _ ~~::',o!'.35 TOSGORNEI).::\SIJR\coll;e' blvd\CH2t....u-rI1l\ 'C-41\Lon~ Creek Dr - Roltlesr.oke Hommockdw9
TRACT C
Parcel
118
!~
~
lRACLR-=.l._
/ '
"I - - -:/,-/"L - - - --.
, /
{~.'
. TRACT B
~17' P.U.E.
I FeE St~PlE
INTE~ST
I
'~;~PO~
~ I
15'
~
-!~ I
<(0::
Z
<(-
UO
o
20'
~
I
TRACT A
L()
Ol
I
0::
2.?!:
"'-
ciO::
>.
-!L()
CIlN
0::
W
::J
-!
o
U
NAPLES LAKES
SHOPPING
CENTER
PLAT BOOK 36
PAGES 98-99
PARCEL
118
TRACT H :
__~ _____ __ _______. _ _ _ _ _.J
RATTLESNAKE tl~MMOCK _ R.9~
- - - 10Q' R/W
----- --- - - - - ----- ..-- - -- - --i
TR::: : i
SIERRA
MEADOWS
PLAT BOOK 39
P^CES "-"+
N
'.- I
o 25-!lO 100 200
GRAPHIC SCALE
DELTA
86'56'38"
LINE
L79
L80
BEARING
I N31' 37' 33" E
S89'OS'50" E
REVISED PER CH2MHILL
REVISED PER CH2MHILL
10/06
05/06
TMO/,965
TMO/1965
E",
.aIXI..,.....IDO......~~...... ~."." J>>..,............... _.........._
IlEY\
Ql\D FLE:
lC-41
Agenaa Item
March
Page
o.10C
3, 2007
4 of 35
Legal Description
A portion of Tract A, Naples Lakes
Shopping Center, os recorded in Plot Book
36, pages 98 through 99 of the Public
Records of Collier County, Florida, being
more particularly described os follows.
Beginning at the northeast carner of said
Tract A, said point also lying an the
westerly right-aI-way line at Collier
Boulevard; thence South 00'50'44" West.
along said westerly right-at-way line, 0
distance of 328.37 feet to 0 point of
curve to the right having a radius of
25.00 feet, a central angle of 86"57'27",
and 0 chord bearing of South 44"19'29"
West, a chord distance of 34.40 feet;
thence southwesterly along the arc a
distance of 37.94 feet; thence leaving soid
line North 31"37'33" East, 0 distance of
16.94 feet; thence Norlh 00"50'44" Eosl, 0
distance of 338.79 feel to the north line
of said Tract A; thence South 89'05'50"
East olong soid northerly line, a distance
of 15.00 feet to the POINT OF BEGINNING.
Containing 5,230 square feet, more or
less.
EXHIBIT A
pageJL of..,li
NOTES:
1. This is not 0 survey.
2. Basis of .bearing is the West line of
County Rood 951 (C.R. 951) being N
00'50'44" E, Florida State Plane Coordinates
NAD 8.3/90, East Zone.
.3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon ore per plot.
unless otherwise noted.
5. Dimensions ore in feet and decimals
thereof.
6. Certificate of authorization LB 4.3.
7. R/W represents Right-or-Way.
8. P.O.B. represents Point of Beginning.
9. P.O.C. represents Point of Commencement.
10. O. R. represents Official Records.
11. L.B.E. represents Landscape Burfer
Easement.
12. U.E. represents Utility Easement.
1.3. F.P.L.E. represents Florida Power & Light
Easement.
14. D.E. represents Drainage Easement.
15. S.E. represents Sidewalk Easement.
16. P.UE. represents Public Utility Easement.
17. L.E. repersents Landscape Easement.
''ATT, .S.M. (FOR THE FiRM)
O. 58.34
NOT VALID WITHOUT THE: SIGNATURE: AND THE
ORIGINAL RAISED SfAL OF A FLORIDA L1CENSE:D
SURVEYOR AND MAPPER
This is NOT a Survey.
Wi/.Mi//er --==-.
"""".~.~...".,.....~~.r,~~
W-__, he:
PIIDoIECf NO: IID:f
N6015-SQU-QOI 116 OIF X
__NO:
lC-41
Oct 04, 2006 - 07:22:5.3 TCS60RNElx \SUR\collier b1vd\CH2MHill\ 1C-41\Noples \...okes Shoppin~ Center.dwg
TRACT C
.lB~~..:L.B..::..L...
'I
~-_ ;0L=-- ____ L~..n.l
I "TRACT B I I
I /... ! L
(/
I
,--17' P.U.E.
5'
I
!-15'
20' L.E.-
L
;.... ;"1
~ ~i
'" '"
~ ~J
:7; :7;1 .
b bj"" 0::
0, W
"'\; j
o 0
iLJ
---..------ ,.- ~
TRA~~_~_____ ______ _ __ j
---. .-- ----- -----
TRACT A
NAPLES LAKES
SHOPPING
CENTER
PLAT 'BOOK 36
PAGES 98-99
PARCEL/
718
RAlTlESNAKE jj~M~K _R.9~
- - - 100' R/W
-- -------- --.--
-.--------
----,
1
TRACT G
LOT _4
SIERRA
MEADOWS
PLAT BOOK 39
PAGES 11 - 1 3
Parcel 718
l{)
Ol
I
0::
2.:=
........
aO::
>.
....Jl{)
aJN
I
I
~
....J~ I
<1:0::
Z
<(.
uO
o
TEMPdRARY
CONSTRUCTION EASEMENT
DURA nON 3 YEARS.
N
'.-
o 20
I
200
I
50 100
CRAPHIC SCAlE
Rev
Rev
Revised per CH2MHILL 10/06
Revised per CH2MHILl 05/06
Revised distance in description
C/oD FUl
IC-41
!/
LINE
L83
L84
Agenoa ITem
March
Page
0.10C
3,2007
5 of 35
03/06
Legal Description
A portion of Tract A, Naples Lakes .
Shopping Center, os recorded in Plot Book
36. pages 98 through 99 of the Public
Records of Collier County, Florida, being
more particularly described os follows.
Commencing at the northeast corner of
said Tract A, said point also lying on the
westerly right-of-way line of Collier
Boulevard; thence North 89'05'50" West
along the northerly line of said Tract A, 0
distance of 15.00 feet to the POINT OF
BEGINNING; thence leaving said line South
00'50'44" West, 0 distance of 338.79 feet;
thence South 31'37'33" West, 0 distance
of 9.77 feet: thence North 0.0.'50.'44" East,
o distonce of 347.17 feet to the northerly
line of said Tract A; thence South
89'05'50" East olang said northerly line, 0
distance of 5.00 feet to the POINT OF
BEGINNING.
Contoining 1,715 square feel, more of
less.
EXHIB[T .A
De--. I ~ f" ..)
· gtfO"~O~
NOTES:
1. This is not 0 survey.
2. Basis of 'bearing is the West line of
County Rood 951 (C.R. 951) being N
00'50'44" E, Florida State Plane Coordinates
NAD 8J/90, Easl Zone.
J. Subject to easements. reservations and
restrictions of record.
4. Easements shown hereon ore per plot,
unless afherwise noted.
5. Dimensions are in feet and decimals
thereof.
6. Certificate of authorization LB 4J.
7. R/W represents Right-of-Way.
8. P.O.B. represents Point of Beginning.
9. P.O.C. represents Pain! of Commencement.
10. O.R. represents Official Records.
11. L.B.E. represents Landscape Buffer
Easement.
12. U.E. represents Utility Easement.
1.3. F.P.L.E. represents Florida Power &< Light
Easemenf.
14. DE represents Drainage Easement.
15. S.E. represents Sidewalk Easement.
16. P.U.E. represents Public Utility Easement.
17. L.E. repersents Landscape Easement.
TT, ..M. (FOR THE FIRM)
FLA. LlC. N . 58.34
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
This is NOT a Survey,
Wil,-iller _-:O~=-..
,.."... . &...- . ..... . ..,.,... . L..-.... NdlIItCI . 'rlftlPCl'llb ~
_.hI.
-...... ......,..............,... .........,.,. ....... ...... ..........
PIIO.lECI' NO: IHEEI"
N6015-S0U-OOl 718 fE X
_ IIlEX NO:
IC-41
REV:
Mar 14, 2006 - OB~29:39 Tos8oRNQX\SUR\cotlier blvd\CH2Mrlill\ lC-41\Nopln lakes Shopping Center.dwg
I
I
I
,:::-_.I~C~t~ -J.,ePCBSIGN EAS~MENT
,---- - --' 25' 0 R BOOKI3'51
- I 15' F.P.L E.- -] - L9() pl-GE 3~ 12
OR. BOOK 2980 - 15'
I P. .3120 .,
I
I
r--17' P.U.E.
l
TRACT C
~
TRACT B
PARCEL
119
FEE SIMPlE
INTEREST
Parcel 1 19
20' L.E.
20'
I
ri
~ I
I
I
(!
-1Z I
<cr
Z
<-
uO
o
I tf)
O"l
I I
I; cr
TRACT A U3;
'--'........
NAPLES LAKES l:?l cicr
>.
SHOPPING 10 -1tf)
CENTER 0 CDN
PLAT BOOK .36 /z 0::
PAGES 98-99 w
:J
-.J
0
U
y
-- -"..J
TRACT H :J
RATTLESNAKE .t',~MMOCK_R9~
- - - 100' R/W
TRACT G
LOT 4
SIERRA
MEADOWS I
PLAT BOOK .39
PAG!::S 1 1 - 1 .3
3M
I _
-
o ~ ~ 100
GRAPHIC SCALE
~
EXHIBIT '
PaQ6LOf--21
'00
BEARING
! N89'05'SO"W
: NOO'SO'44" E
! S89'09'16"E I
'N89'09'16"W I
I NOO'50'44"E !
CURVE 1;'8LE
DEL TA I LENGTH I TAt~GEN1 I C~ORD I
33'32"48" I 2810' I 14.47 I 27.70'
REVISED TO ADO F.P.L.E.
03/06
TMO/1965
genoa Item
March 1
Legal Description p
A portion of Tract B, Noples Lakes Shoppii\l&le
Center, os recorded in Plot Book 36, pages
98 through 99 01 the Public Records of
Collier County, Florida, being more particularly
described as follows.
0.10C
,2007
~ of 35
E"
Beginning at the ncrthe:!st corner of said
Tract S. soid point olso being the intersection
of ~he southerly ric;ht-of-woy line of lioct
R-1 and the westerly right-ol-way line 01
Collier Boulevard: thence South 00'50'44"
West, along said westerly right-ol-woy line, a
dis:once of 155.' 9 feet to the southeasterly
corner 01 Trcct 3; thence North 89'05'50"
Viest, clang the southerly line of said Troct B.
o distance of 20.00 'eet: then.ce leaving said
south line. North 00"50'44" East, 0 distance
of 1.3.88 feet; thence South 89"09'16" East,
a d',stonce of 5.00 leet; thence North
00'50'44" East. 0 distance of 145.00 feet;
then:e ~'orth 89'09' i 6" West, 0 distance 01
10.00 leet; thence North 00"50'44" Eost, 0
distance of 18.23 feet to the southerly
rignt-ol-way I;ne 01 soid Troct R-1 ar,d the
point of curve or 0 non tOl'1gent curve to the
riaht. of wnich the radius point ries South
09' 36'04" \'lest, 0 radial distance 01 48.00
leet ond hoving a chord bearing of South
63'37"42" Ecst. 0 chord distance 01 27.70
feet; thence southeasterly along said southerly
rignt-of-wny end the orc. through 0 cen~rol
cnq!e 01 3.3'32'48., 0 distance of 28,10 feet
to -the POiNT OF B!::GINNING.
Containing 2,797 square feet, mare of less.
NOT[S,
7. ThiS is not 0 survey.
2. Basis of bearing is the West line of
County Rood 951 (C.R. 951) being N
00'50'44" E, Florida State Plane Coordinates
NAD 8.3/90. East Zone.
.3. Subject to easements, reservotions and
restriclians of record.
4. Easements shown hereon ore per plot,
unless otherwise noted.
5, Dimensions ore in feet and decimals
thereof.
6 Certificate of oulhorizctlon Le 4J,
7. ,R/V: rep....ese,'1ts Piqht-o(-Woy.
8 P.O,B. re~reS!;,'1rS Point of 5egir.ning.
9. P. O. C. repr!':sents c;oinf of Commencement.
7 C. C. R. repreSef1ts Offi6ol Records.
~ 1. L.B.E. represents Landscape Buffer
E:;sernent.
72. U.[, represents UliJity Easement.
1.3. F.P.L.f. represents Florido Power & Light
Easement.
14. D,E. represents Drainage Easement.
15. S.[. represents Sidewalk Easement.
16. P. u.[. represents Public Utility Easement.
17. L.E. repersents Landscape Easement.
C>c
Pt1'n<-
,,(f;, n, / . M. (FOR TH[ FIRM)
FLA, LlC. vND. 58.34
NOT VALID WITHOUT TH[ SIGNA TURE AND TH[
ORIGINAL RAISED SEAL OF A FLORIDA LlC[NSED
SURVEYOR AND MAPPER '
This is NOT 8 Survey,
Wi/s(lnMiller -~~=--
~.~.~........,.....~~.~~
_,K
,uo,...,... .._......~JiIIS-tIIl1...... ~.kI__.............. _........_
~
en> n.e
lC-41
PROo.IEl:T NQ: SHEEr
N6015-S0U-OOl 119 OF X
I'-C1 :4 2006 - 08:29:39 iOS80RNE!X:\SUR\collier bhJd\CH2MHill\ 1C-41\N.:Jples lakes Shopping Ce....ter dwg
1_ NlEX NQ:
10-41
TEMPohARY I
1
C NSTRUCTIO~ EASEMENT
DURA liON YEARS.
Parcel 719
TRACT C
I
SIGN EASEMENT
O.R. BOOK 3111
PAGE 3212
8'
lS' I
I
L-. 7RACT R-1
TRACT B
L.E.
I
I
IW
TRACT A 'ot Lf)
:t 0)
I~ I
NAPLES LAKES a::
SHOPPING [b 2=:
0
CENTER IZ ........
PLAT BOOK 36 6cr
PAGES 98-99 > "
....J<f)
D:lN
cr
W
I I ~
, 0
I
------~:~::----~~
--------
RATTLESNAKE tl~MMQQ<_R.9~
--- 100' R/W
TRACT G
_ _ _ _ _ _ ~O_T _ 4_ _ _ _ _ _ "I
SIERRA I
MEADOWS I
PLAT BOOK 39
PAGES 11-1:.)
N
~
'0 100
GRAPHIC SCALE
\
200
~-
D 2>
REVISED TO ADO F.P.L.E,
03/06
\
I
~
....J~ I
<tcr
Z
<t"
00
o
lJ-
I
BEARING
N89'09'16"W
I 500'50'44"'11
! N89'05'50"W
NOO'50'44"E
! 589"09' 16" E
589'09' 16" E
TMO/1965
E"
Agenda Item . 10C
Legal Description March 1 ,2007
A porlion of Tract B, Naples Lakes Sha~eQe 2 of 35
Center, as recorded in Plot Baok 36, pages
98 through 99 of the Public Records of
Collier County, Florida, being more particularly
described os follows.
Commencing at the sautheast carner of said
Tract B, said point being on the westerly
righI-aI-way Ene 01 Collier Boulevard; thence
Narth 89'05'50" West, along the southerly line
or said Tract B, 0 distance 01 20.00 leet to
the POINT OF BEGINNING: thence continue
North 89'05'50. West. along said southerly
line, 0 distance of 8.00 leet; thence leaving
said line North 00'50'44" Eas\. 0 distance 01
13.87 feel; thence South 89'09'16" East, a
distance of 5.00 feet: thence North 00'50'44"
Easl, 0 distance of 145.00 feel: lhence Soulh
89'09' i 0' Eost. a dislance or 8.00 feel:
thence South 0C'50'44" West. a distance af
145.00 feet; thence North 89'09',6" West. a
distance of 5.00 leet; thence South 00'50'44"
West, a distance 01 i 3.88 feet to the POINT
OF BEGINNING.
Conloining 1,271
square feet, more at less.
EXHI~ITL
Pagei:L. of~
NOTES:
1. This is not 0 survey.
2. 8asis of bearing is the West line of
County Road 951 (C.R. 951) being N
00'50'44" E, Florida State Plane Coordinates
NAD 83/90. East Zone.
.3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon ore per plot,
unless otherwise noted.
5. Dimensions are in feet and decimals
thereof.
6. Certificate of authorization L8 43.
7. R/W represents Righl-of-Woy.
8. P.O.B. represents Point of Beginning.
9. P.O.C. represents Point of Commencement.
10. O.R. represents Official Records.
; 1. L.BE rep'esents Londscope Buffer
Easement.
t2. U.E. represents Utility Easement.
1.3. F.P.L.E. represents Florido Power & Light
Easement.
14. D.E. represents Droinoge Easement.
15. S.E. represenfs Sidewalk Easement.
16. P.U.E, represents Public Utility Easement.
17. L.E. repersents Landscope Easement.
~.
-).....) ^
DAVID J. Hy,r,T,
FLA. LlC. NO. 5 4
NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSeD
SURVEYOR AND MAPPER
This is NOT 8 Survey,
WI/.Miller -=';.;::.~.
,.."......~............".,..,.~........~~
_,he
..,....,.......... ....,...,Nr/I-MIT.,..,. .............. ..,.,............. ............
PflOoIEl:T NO: sm
N6015-S0U-OOI 719 at X
lllNI<<l ICII!X IlOI
lC-41
Il!Y:
Mar 14, :t.Or:-6 _ CB.29;39 TOSaORNE!X:\SUR\collier blvd\CH2MHill\ 1C-4 '\Nopies Lakes Shopping Center,dwQ
TRACT C
P.U.E.
!
. " JRACT .R::,----
<X)
---Ol
~
/ .
""1 - - -/'-- L - - _ _
I /S'ARCEL
1</ 120
~/
i ~ .j
TRACT B
20' L.E.--1
NAPLES LAKES
SHOPPING
CENTER
PLAT BOOK 36
PAGES 98-99
TRACT A
I
, I
_____--0 ~
:J
-----
F:.A TTLESNAKE ~AMMOC~ _ROAD
- - - ---'00' R/W
N
-.-
o 2S 50 100
GRAPHIC SCALE
Parcel
120
I
I
;=
FEE b,MPLE
INTEREST
I
I
I
[-
I
I
I
/ ('!
(I I
'2' I~:z I
~ ~ a: I
I I <( - ,
a: I (.) 0 '
2~ i 0 I
'-... '/ I
ci a: i '
>.
~LJ") I
OJN ,
I
25'
'-POB
I,'"
I:
I~
.b
a
Iz
a:
w
:=i
~
o
(.)
I
I
I,-J
I
I
EXHIBIT
Page_of j
--
200
LINE TABLE
LINE LENGTH I BEARING
L98 38.61 NOO'50'44" F
I CURVE 'AKE
I CURvE I RADIUS DELIA J_..I:pJGTf-': TANG, E~,; i" CHORD
C8 48.00' 33'32'48" I 28; 0' 14 47 I 27 70'
C9 i 48.00' 4S 38'09" I 3(;.:6' I 19,22 i 3563'
Rev \) Revised bearing in description 03/06
CH2MHllL 3 06
SKETCH & DESCRIPTION OF PARCEL 120
A PORTION OF
SECTION 15, TOWNSHIP 50 S" RANGE 26 E"
COLLIER COUNTY, FLORIDA
TASl( CXlllE: _ 8'1': I CH<ED 8'1': CAD l'U;:
GCSOO T110 DJH IC-41
Agenoa 1ern
March 1
Legal Description p
The easterly 25,00 feet of Tract R-l, NaJ?~e
lakes Shopping Center, os recorded in Plot
Book 36, pages 98 through 99 of the Public
Records of Collier County, Florida, being more
particularly described os follows,
o.10C
,2007
of 35
Beginning at the southeast corner of said
Tract R-1, said point also being the
intersection of the so~therly right-of-way line
of Tract R-l and the westerly right-aI-way
line of Collier Boulevard and the beginn',ng of
o curve to the left, of which the radius point
iies South 43"08'32" West, a radial distance
of 48.00 feet and having 0 chord bearing of
North 53'37'42" West, a chord distance of
27.70 feet; thence northwesterly along the
southerly line of said Tract R-l and the ore,
through a central angle of 3.3"32'48", 0
distance of 28,10 feet; thence leaving said
line North 00'50'44" East, a distance of
38,61 feet to the northerly right-ai-way line
of said Tract R-l and a point of curve of a
non tangent curve to the left, of which the
radius point lies North 22'51 'IS" West, a
radial distance of 48.00 feet and having a
chord bearing of North 45'19'39" East, 0
chord distance of 35.58 feet; thence
northeasterly along said northerly
right-of-way line and the ore, through a
central angle of 43' 38'09", 0 distance of
36.56 feet to the westerly right-of-way of
said Collier Boulevard; thence South 00.50'44"
West a'ong said line, a distance of 76,00
feet to the POINT OF BEGINNIING.
Containing 1,312 square feet, more 'of less,
NOTES:
I, This is not 0 survey,
2, Bosis of bearing is the West line of
County Rood 951 (CR, 951) being N
00'50'44" E, Florida State Plane Coordinotes
NAD 83/90, East Zone,
J, Subjec/ to easements, reservotions ond
restrictions of record.
4. fasements shown hereon ore per piot,
unless 0 therwise noted.
5. Dimensions ore ;n feet and decima's
Ihereof.
6. Cert;'r:ccte of authorizetion LB 43.
I. R/W r-ep"eser;ts .Righ~-~d-Woy.
8. F.G.S. r~pre5e,.,fs Point of Beginning.
9. P.C.C."!:pt"esents Point of Commcnceme~t.
i O. 0 R. represents Officio! Reco"ds.
1 i L.8.[, represents Londsco~e Buffer
[Qseme.'1L
12, U.f, represents Utility fosement.
13, F,P.L.f, represents Florida Power &- Light
Eosement.
74. D.E. represents Drainage Easement.
15. SL represents Sidewalk Easement,
76. P. U.E. represents Public Utility Easement,
17. ~.E. repersents Landscape Easement.
DAV'D J. HYA' T,
cLA LlC NO. 5834
NOT VALID WITHOUT TH[ SiGNATU,R[ AND T!-f[
ORIGINAL RAISED SEAL OF A 'FLORIDA LICENSED
SURV[YOR AND MAPP[R .
(FOR TH[ FIRM)
This is NOT a Survey.
Wils(lllMiller --=.--
~.~.~.~..........~.~~
-,~
PIIO.IECT NO:
N6015-S0U-001
m....,....... A'O. ... ""'~. "'- ~. Fu .....,........ _............_
Of'X
Sle:T
120
_ INDEX NO:
IC-41
I~
~,"::H 2006 - 0829:39 T':)SBOR~lEiX:\SUh\coll'er tivc\CH2l~H;11\ iC-41\~~Opl~S lakes Sh:DVng C:enter,<jwg
Legal Description Agenda Item
A portion of Tract R-1, Naples Lakes Sha~,arch 1
I Center, os recorded in Plot Book 36, pages P1age
I through 99 of the Public Records of Collier County,
Florida, being more particularly described as
I follows,
J
Cammer,cing at the northeast corner of Trect B of
I said Naples Lakes Shopping Center, said pOint also
I being the intersection of the southerly right-of-way
line of Tract R-l and the westerly right-of-way
I line of Collier Boulevard and the beginning of 0
I C'Jrve to the lefl, of which the radius point iies
South ~3'08'32" West, 0 rodiol distance of 48.00
feet and having 0 chord bearing of North 63'37'42"
West, 0 chord distance of 27.70 feet; thence
I northwesterly along the southerly li"e of so;d Tract
i R-1 ond the arc, through a ce"tral angle of
33' 32'48", a distance of 28,10 feet to tr.e POINT
I OF BEGINNING and the beginning of 0 curve to the
'efl, of whiCh the rad;us pair.! lies Soulh 09'35'54"
I West, 0 redial distance of 48.DO feet and having 0
I I chord beoring of North 84'46'47" West. 0 chord
I ( distance of 7,33 feet; thence westerly along said
~ I southerly right-of-woy line and the arc, througr, 0
central engle of 08'45'22", 0 distance of 7.34 fcet;
thence North 89'09'11' West, along said
'I : right-of-way line, 0 distance of 29,51 feet: thence
leaving said line North 44'09'16" Wesl, a distance
I I of 7,33 feet: thence North 00'50'44" Ecst, 0
,....." ~ distance of 28,82 feel to the northerly
;n <i ~ right-of-way line of said Tract R-1; thence South
(]) I Z I 89'09' 17" Eost. along said northerly right of way
~ I 13 g J line, a distance 01 22,71 feel to a point of curve
'-"aU' .....0::3: I ~ I to the left having a radius of 48,00 feet, 0 central
..... / angle of 23' 41'58", and 0 chord bear;ng of North
76'59'43" East, 0 chord distance of 19,71 leet:
> . thence easterly along the northerly right-ai-way
as ~: ~i~e8~f f:~;~ t~::~e R~01U\~n~O:~~'4a;.~ ~e:t~nce of
[5 I distance of 38,51 feet to the POINT OF BEGINNING.
=:;
6 Containing 1,442 square feet, more or less,
U NOTES:
" This is not 0 survey.
-------.-.-'..-"
Parcel 720
TRACT C
I
I
tEMPORARY DRJWAY
RESTORA"ON EAS$MENT
IDURATlON: 3 YEAR~
I
I
I
:-'7'
I
P,U,E,
TRACT B
20'
I
I
I
L. E,---1
I
I
~
NAPLES LAKES
SHOPPING
CENTER
PLAT BOOK 30
PAGES 98-99
I~
, ....
'v
;~
Ib
o
I '
(
TRACT A
I
I
1/
!
I
I
I
I
I I
----------------~
:J
------
EXHIBI+ fJ
~ f ,7')'~T
· ~ I 0 - ::Y.~::')(
A ~ATTLESNAKE HA~M9~AD
1----100' R/W
N
~- I
o 2$)0 100 :00
GRAPHIC SCAlE
CURVE
C8
C1Q
Cll
Rev 1)
DELTA
33' 32' ~8.
08'4:"22"
23' 41 '58"
E.,
BEARING
N89'09'11'w
I N44'09'10"W
NOO'SO'44" E
SB9'09'17"E
I SOO'SO'44"W
CHORD BRG.
N6'S37'42"W
N84'4(;'47"W
I N7S"59'4,3"E
03/00
o.10C
,2007
9 of 35
2, Basis of bearing is the West line of
County Rood 951 (C.R, 951) being N
00'50'44" E, Florida State Plane Coordinates
NAD 83/90, East Zone,
], Subject to easements, reservations and
restrictions of record.
4, Easements shown hereon ore per plot,
unless otherwise noted,
5, Dimensions are in feet and decimals
thereof,
6, Certificate of autnorizotion LB 43,
7, R/W represents Right-of-Way,
8. P.O.B, represenrs Point of Beginning.
9, ,o,O.C. represents Point of Commencement.
10, O,R, represents Official Records,
11. L.B,[, represents Landscape Buffer
EosemenL
12. U. E, represents Utility Easement.
1 J, F,P,LL represents Florida Power &0 Light
Easement,
14, D.E. represents Drainoge Easement,
15, S.t:, represents Sidewalk Easement.
J 6, P,U,E. represents Public Utility Easement,
17, L,E, repersents Landscape' Easement,
MiZ1" fl!l'
DAViD J. HY-::r:*' ps. ( (F'Ol'? THE FiRM)
F1A LlC. Nd/SB34
NOT 'lAUD WiTHOUT THE .SiGNATU'=IE. AND ThE.
ORiGINAL RAISED SfAL OF A FLORIDA UCfNSfD
SURvEYOR AND MAPr::r:R
This is NOT 8 Survey,
Wit.Miller -~==--
,..".,..&..--..~......,.....~~.~...~
-,""-
:'llP...,.......... --.FirIl*fIJCH!I:I1."........., 01'1I..,...,..... ...........-
CAll l'U;:
lC-41
I PllOJECl' NO: lIHEEI'
N60!5-S0U-OOl 720
rEX
I~ NlEX NO:
lC-4!
REV:
Mar 14, 2006 - 08:29:39 TOSBORNE!X'\SUR\collier bjyd\CH2MHill\ 1C-41\Noples Lakes Shoppin~ Cenler.dwg
TRACT 0
\
J
I
n
I'
I
I
I !
10' r,p,l.E, ' ; I
O.R. BOOK 3600, + ,-
P 1952-1954 I I I
I I I
'-I...J
I '[lfD-
0:::
w
:=i
~
o
(.)
PtRCEL
i 21
TRACT R-l ,
::------r-- I
71 ~~;~1~LJ9~~] LPl
j//P,3120 ~'I
v I
TRACT B
~
NAPLES LAKES
SHOPPING CENTER
PLAT BOOK 36
PAGES 98-99
TRACT A
+
N
I _
-
02550
'00
20:::
GRAPHIC SCALE
I
I CURVE RADIUS
C 1 2 48CO'
CURVE ,ABLE
DEL TA LENGTH ! 1ANGr.N~
403'.38'09" 36.56' i 19,22
bearing direction 03/00
Rev i)
Revised
CH2MHIlL 3/06
SKETCH & DESCRIPTION OF PARCEL 121
A PORTION OF
SECTION 15. TOWNSHIP 50 S" RANGE 26
COLLIER COUNTY, FLORIDA
1QI( CXlllE: _ lI'r: I CHICEJ) lI'r: CAD l'U;:
GCSOO TMO DJH lC-41
Parcel 121
r!
I
I
Ii
I
Agenda Item
March 1
Legal Description p
:he ~est 25,00 feet of Trect C and the ~o'6~W
5.00 feet of the East 25.00 feet of Tract 0,
Naples Lakes $hcDp;ng Center, os reccrded ir.
=>Iat Book 36, pages 98 t!".rCwgh 99 of the
Public RecO:ds of C:>liier :ounly, F:orico. beino
more oorticulc--ly described os foflows. .,
Beginning at the southeast corner of Tract C of
said Ncr,ies LOIo.es ShoDoing Center, said point
also being the intersec~;on of the northerly
right - of -way line of ,'act R-l and the
westerly ri;ht-of -way tine of Coilicr Boulevcrd
end the beginning of 0 curve 10 ~he right. of
which the radius pcint :ies North 66'29'27"
West, 0 redial distance of 48,00 feet and
having 0 chord bearina of South 45'19'39"
Vi~st. a chord distance of .35.68 feet; thence
southwesterly clong the norU',er-ly right-of-way
line of -'oct R-' end the arc, through 0
central angle of 43"38'09", 0 d'stonce of 36.56
feet; thence leaving said line North 00'50'44"
t:ast. a distance of 25642 leet to the northerly
line of the south 5.00 feet of so:d Tract D;
thence South 8~"J6'OO" East OIO....g SOld line. a
distor'1ce of 25.DO feet to the westerlv
right-of-way line of CoHier 3ou!evord~ ther"'ce
South 0::'5C"44" West along said I!ne, 0
d'slance of 230.94 feet to the paiNT OF
BEGINNING,
Containing 6,174 square feet. more or less,
,I
EXHIBIT
Page~ of-d
NOTES'
1, This is not 0 survey,
2. Basis of bearing ;s the West line of
Counfy Road 951 (C.R, 951) being N
00'50'44" t, Florido Stote Plane Coordinates
NAD 83/90, East Zone,
J, Subject to eosements, reservotions and
restrictions of record.
4. Easements shown hereon are per plot,
unless otherwise noted,
5, Dimensions ore in feet ond decimols
thereof,
6 Cert;ficote of ci.)thonZO~r'Of1 LS L:.?
7. R/Yr' represents Riqhl -0.'- \0''/0.'.
a P.C.B. rep"'ese:1!S PO;r.t of B~ginn;ng.
9. ,CI,C.C. rep,"eser"'!s Point of Commencement
;0. C.R rep,"'e~ef'lt5 Ottic.ie' RecarC!s.
; 1. L,E.~. reD"'esen~s Lc.'1d$:~J)e B;.;.'fer
[:JsernenL
72. U.E:. represents Utility tosemenL
1 J, FP.L.E, represents Florido Power & Light
Easement,
14. DE represents Drainage Easement.
15. S.t. represents Sidewalk Easement,
76, p.UE represents Public Utility EosemenL
17, L,E. repersents Landscape Easeme"t,
c- (;l11
r!.--Jd1/ /J ~
'Ot,'/ID J, HY4rr, .0,
FLA UC. NO, 58.34
tJOT VALiD ~J/;THOUT iHE SIGNATURE AND THE
ORIGINAL PAiSED SEAL OF A FLORIDA UCH!S[D
SURVEYOR Ar..i'D M,:...oP[R ;
if/
.m (FeR THE FIRM)
This is NOT a Survey.
Wils(lllMiller -""='=--
,.....,. &cr-'t. foatV*-lUwrn' ~~. T~bI~
_,he
E"
:rm..,_ ........"'"*.tCIHIP."........... Fu..,.,.......... _.,...._
orx
_ IN!lO NOo
lC-41
RE't:
'!nl .., 2006 - Of'29"39 TOSBORr~:::lX'\S'JQ\cDlli~' hlvd\CH2MHill\ 1C-41\~Jcples LOKes Sl'i0oDlr,g Cen\erdwg
f'llOoECT NO: IIHEEl'
N6015-S0U-OOl 121
:;;
~.........
<(0:::
Z
<(-
.,0
""'0
LJ")
O'l
I
a:
U~
.................
cia:
>.
~lI')
(]}N
I I
1/
I
I
I
FEe SIMPLE
'IEREST
LINE
l104
ciNE :ABlE
LENGTH I
25,00
Parcel 721
I
1-1
: I I I
I I
, '('
OR:O;;&\~OO-tJ L~! I
P 1952-1954 r-I.J ......... I ~ I
t:1DS-.J :r; ! <i! ~
1-' 0> Z
I <( "
Cl:: (.)0
(.) I 0
'-' 3: I
;:~ ~~ i )
N,r" Cl:: V
nl ~ i
~ 'Ir ~ )
L.E ,~
.~POC
TRACT R-l C1.) I POB
:--'--'-'--'-f-I
_ '___'_::"':"'_'___'___1"
I /1.5'< F,P,L.E. J I"~
I ,Q,F\, BOOK 2980 !
:'/ P,Jl20 lei
W mAG< 8 i TEMIjoRARY I
I CONSTRUCTION EASEMENl
I
I DURATION .1:' YE~RS.
I
NAPLES LAKES
SHOPPING CENTER
PLAT BOOK 36
PAGES 98-99
TRACT A
+
N
',.-
o 2~ 50
I
EXHIBIT
'Yo. ' '.
Page~ of~
,
"
"'"
I
200
LINE '
L105
LINE TABLE I
LENGTH I BEARING I
8.00 \ S89'06'OQ"E
GRAPHIC SCALE
CHORD BRG,
S45'19' 39"W
572'1' '29"W
E"
Agenda Item
March 1
Paoe
The West 8.00 feet of the East 33,00 feet 6f
Tract C and the South 5,00 feel of the West
8,00 feet of the East 33,00 feet of Tract 0,
Naples Lakes Shopping Center, as recorded in
Plot Saok 36, pages 98 through 99 of the
Public Reoords of Collier County, F'orida, being
more porltcularly aescribed as follows,
o.10C
,2007
of 35
Legal Description
Corrmencing at the southeast corner of Tract C
of said Naples Lakes Shopping Center, said
point also being the intersection of the northerly
right-af-way line of Tract R-l and the
westerly right-of-way line of Collier Boulevard
and the beginning of a curve to the right, of
whiCh the radius point lies North 66'29'27"
West, a rad'lal distance of 48,00 feet and
having a chord bearing of South 45'19'39"
West, a chord distance of 35,68 feet; thence
southwesterly along the northerly right - of -way
line of said Tract R-l and the ore, through a
central angle of 43'38'09", 0 distance of 36,56
feet to the POINT OF BEGINNING; and the
beginning of a curve to the right, of which the
radius point lies North 22'51" 6" West, a radial
distance of 48,00 feet and having 0 chord
bearing of South 72"11 '29" West, 844 feet;
thec,ce westerly along the northerly right-of-way
line of said Tract R-l and the ore, through a
central arogle of 10'05'30", 0 distance of 8,45
feet; thence leaving said line North 00'50'44"
East, a distance of 259. '13 feet to the northerly
line of the south 5,00 feet of said Trcct D;
thence South 89'06'00" Ecst along scid
northerly line, 0 distance af 8,00 feet; tncnce
leaVing said line South 00'50'44" West, 0
distance of 256.42 feet 10 the POINT OF
8EGINNltiC,
Containing 2,063 square feet. more or less.
NOTES:
" This is not a survey,
2, Bosis 01 bearing is the West line of
Coun!y Rood 951 (C,R, 951) being N
00'50'44" E:, Florida Stale Plane Coordinates
NAD 83/90, [ost Zone,
3, Subject to easemenfs, reservations ond
restrictions of record,
4, Easements shown hereon ore per plot,
unless otherwise noted,
5, Dimensions ore in feet and decimols
thereaf.
6, Certificate af outhorizotion La 43,
7, R/W represents Right-of-Way,
8, P.O,8, represents Point of Beginning,
9, P,O,C, represents Point of Commencement.
10, OR, represents Official Recards,
11, L,B,E, represents Landscape Buffer
Easement.
12. U,E, represents utility Easement,
1 J, F,P.L.E:. represents Florida Power <Ie Light
Easement,
14, D,E:. represents Drainage Easement,
15, S,E, represents Sidewalk Easement.
16, P.U,E. represents Public Utility Easement.
17, L,E. repersents,'Landscape Easement.
"
DAVID J. Hi'jrr, ',M, (FOR THE" FIRM)
FLA, LlC. Nu, 5834
NOT VALID WiTHOUT Ti-lf: SIGNA TURE AND THE
ORIGINAL RAISE:D Sf:AL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
This is NOT a Survey,
Wi/s;nMiller _~,~i__
,....................~..,.,...~Ara'Mcllr.Tl'~CcnIutriI
_.nc.
.,""'r.......~ .,."....I'bMo~..... ~.kI,.,.,...."...... ..........-
CAD R.El
IC-41
PIUEl:T NO: 1:ilHEE1'
N6015-S0U-001 721
f:JFX
-.0 IIIIEX NO:
IC-41
REY:
k~':'l" 14 2C:Jt. _ 08:29:39 TOSBORt-l(I)(:\SUR\coll;~r blvd\CH2MHill\lC-41\Noples Lckes Shopping Center dwg:
TEMP~RARY I
CONSTRUCTUllN EASEMENT
, I
I PARCEL ,~DURA liON /J\ YEA~S.
723 ~
\S89"06'OO"E ' 3957' I
c, ." U ,.,.-SOO'5C'44"W
:,'Q' , "" 29'M7' I
~ ~1' 109.:,8"(", t,l.; I POB i
'I E_ ( -10' i E ~ ~ w, I I i
I' - O,R BOOK 3058, lc q -I
'" I I PAGE 3228 ~ :::- I
~ ~ I 7RA:::T D:g ~
!,'II'i:1 10' "P.L.E. L~:z
' - C,R BOOK 3ECQ,-
.1.'1 ' '952-'95' ~ ~
" I -17' PUE, I_
I. ~r, ,110 W~
NA"'.ES cAKES , _ :::
SHO~?tNG C€N-::R ~ i
~i~[~(~08K~g; ls, I, (.) )
TRACT C ~
Parcel
723
FUTURE
DEVELOPMENT
DE, AE, ME,
20' L,E,-I
~jAPLES LAKES
COUNTRY CLUB
PLAT BOOK J3
PAGES 8-15
N
'.-
o 25 50 100
GRAPHIC SCA~E
:zeo
LINE
l114
L 115
UNE TAB E
LENGTH
12.00
14.00
BEARING
NOO"50'44" E
NOD' 54' 1 2" E
legal Description
A portion of Tract R-1 of Naples Lakes Shopping Cer,ter, os
recorded in Plat Baal< 36, Dages 98 throug" 99 of the Public
Records of Collier County, Florida. being more particularly described
os foliowS.
5eginning at the sO'Jthecsl ::o~ner :::! Ire::! R-1 Or soid r\lcples
LOKes Shop=,ing Center, sOld pomt OiSO :y:r.g on lre wes:.~rly
ngnt-:.f-woy iine of Col;:ci" 8oule....ord. e....d t...e !::'~gl:Or1;ng of 0 curve
to the I!'~t. 0' which t...,~ rodi115 oo,,.,t i:es Sou~J"I 28'40'~9" "'est, c radial
distance of 27.54 (eet. thence wes~er!y c:,c"g sed souther:y :ne of
Tract R-1 and th., o"c. ~hrO'.Jgh C C~I"':~cl O'"lgre of 2E'00']5".
dlS~Jnce 0' i ':.46 feet. 'Jr'iC beir>::; sw:-:",e~deo by ': ::r,orC ho~'inQ 0
becring vr ~,orth 75' ~ 9'28" ''','es~ one ~ ::~S',c":ce ~f ~ 2.3~ 'ee~: ~her:ce
~~or~h 89'0f.'00" 'Nl2'st IJlony sc:c s-::;~t"e"iy r:e. C ::::5:0:"1:e of 1 7.05 feet;
thence leov;~g said .:ne ~:~rth 0:"50'44" :cst. c c'stc~,:e of : :.00 feeL
thence ~~01'"th 8?'OS'OC" West. a C;S~8!"1C:C of 'CQ_5E: feel to he poin1 of
curve or (J nor tC:1ge:-,t cl.;"'/e tc tne left, -:;! .....~icn ~he "cj:us point lies
S~uth OC'54'0'" '_Vest. 0 ~(vl::::J: clstar.::e o' 6e- CO f~et; ~ne~ce
~outhwe5ter!y C!cr; lhl';' ere. p".ro;..;gh c ce!"1trc! cr.gle 0' 139"59'45". ::::
~~~~~~~e o~f S~~'~~,4 41;;~'Go7~'C \,~~e~~?a~~t;~~~~J:~~'C~)~ :' c~~~~5 h~~~: ~~€'rce
t.jorth 'CO' 54 '12" EasL 0 d;stonce or 1/~,CC ~ee~ Ie c cent Ol ::tJrve to
~~:5;';t~~:' :h~~e~~cO .,rcGr~~~c:s~:r!~C~:~r.~e~~e~:~c ~ 0 :~~3\~~:C~r.~\le 90:.2.i f~et,
c.,d ~eir,c sLJbten:lcd by 0 :ho!'C ...c....irc C o!'c';'"'lC 0' r~vth .15'05/.'05"
Cost clid ~ 0 :i~to-nce 0' 8.~_e5 !ee:; the.ree S:);,./.rl - 8';<':1(-'CO" E:::st. 0
~~~~c~(e"I~: ~~:i'~\:cr~~e;h~~,::: ~~;~tt~ ~C.~~~e'4:.;s~I'~~;~ rof~h~~~~';;~~~r~~eo of
ol~tonce of 29. i 7 feet to lr.~ P']UH O? GL:::;lNh'I~<:;.
Ccntoini'lC; .3,167 sqLicre feet !Tore or less.
EXHIBIT
Pcrw.. I of' ;;
,g~- -.;-
:-:L.R\j~ ;,t..B:..E
CURVE; R.\DiUS
C:4 ! 27~~4'
DELTA
;..~i~G"7't-:
i 7;.f\:;UC
CHORD
[:,..<)::;:D SRG
1 J .....6.
gtl.24'
~4.24'
2S.0C' 35"
89'59'48"
89"SS'4Ef'
6.87
60,DO
j 1 ~.3.3'
~.7~;19'2e"w I
SO: ~':,4'0 7" V.
~J,:~,'5t.'Of:.'[
C28
60,00'
54,85'
5~.85'
C29
6000'
6eaD
Rev 2) Revised Der CH2M'1LL
Rev 1) Revised per CH2MHILL
CII2MHILL 4/06
SKETCH & DESCRIPTION OF PARCEL 723
A PORTION OF
SECTION 15. TOWNSHIP 50 S,. RANGE 26 E..
COLLIER COUNTY, FLORIDA
TASl( CXlllE: I' - II'/': I CHICEP II'/': CIoll l'U;:
GCSOO TMO OJ!! lC-41
12/06
, 1/06
Agenaa Ilem
March 1
Page
o,10C
,2007
2 of 35
~
~ I
~< I
<(a: I
I j g I
:/
NOTES:
1. This is not 0 survey.
2. Basis of bearing is the West line of
County Rood 951 (C.R, 951) being S
00'50'44" W, Florida Stele "lone CDordinates
NAO 83/90, East Zone.
3. Subject to easements, reservations ond
restrictions of record.
4. Easements sh:;.wn hereon ore per plot,
urless otherwise noted.
5. Dimensions ore i;1 feet and decimals
thereof.
6. Certi'iccte of authori2ation L8 43
R/W r~pl"eser,:s Rig",1-0'-'~'''-oy.
0::' D_S. ~cprese~ts Pc.i!it of Be:;i:'"'":r\:ng.
;:::' .O.C recresents PD:~Jl of Cc~,mencemer\t.
-:::.R r~cr~se;lts 8H;:io~ Rec;:.rd!;.
L.S.E reo"~sent'S ~crcs':::cpe B.Jffer
.,
.,
8.
9.
10
1i.
:::'CSf::""'"':e""t.
I L. ....;~. re;:r~ser~s L}t:
13. c.PL.E. "'eDrcser,l.s
Ecsemer,t.
it..... ~::seme"'t.
;:-ior:da P~;....er &
Light
, =: ........ re;::;"ese!""j~S ~.;c:nc:].e ~cse~lent.
-1 S.E rep"'ese!"",ts ::,:j~'NO!l( ~osement.
P.U.E. ~ec~ese"its c;.J~lic Ut;~:ty ::C$E:-r:e;"t.
f:',~ o,::~c"se;lts AC(::.~ss Ecseme~t
6
, i.
s:\~,;.j ,~ If
~CAViD J. HlfiTT, ,;JM, (FOR THE FIRM)
FLA. ue. Nil 58.34
NOT VALID WITHOUT THE SIGNAiURE AND THE
ORIGINAL RAiSED SEAL OF A FLORIDA LICENSED
SURVEYOF? AND MA,D,D[R
This is NOT a Survey.
Wi/_Miller _,M~;
........,.~.~.~.~~,lt~b!~
_,l1c
I P!nET NO: I SHE1:T
N6015-S0ll-001 723
.mll...,w.Ut2ll'.--.JbrI:llI"....".".,... ~,Fv :>>-~..... _.............
_ taX NO:
lC-41
OF X
Ilf.V:
!.~?~ ~,:. 2:';'::'6 - :'.'3:29J9 -'-C'5i=,J;;I;~IY ,:,:~'R\ :':"1'!;~~ "'1~d"~"<:"'I-'T\~:-":I\\cpl~s L;.~~ S\-,~cJ-~g C~nl"!rGwg
Parcel 725
TEMPORARY
CONSTRUCTION EASEMENT
OURA TION YEARS.
FUTURE
DEvELOPMENT
DE, AE, ME,
NAPLES LAKES
COUNTRY CLUB
PLAT SOOK 33
PAGES 8-'5
1D~ ~~S:~Ej
PARCEL (A,E. & PS.U,E.) I 8
725 TRACT R Z
\S89'05'.tfr": -230"'0"
w
I\'Nt.r<NtS~ --o'~
_/-CLU\3-vP\'Jt.. ~ 5:;
-b
S?
I
,I
I
Agenda Item
Marc~ 1
Pagf'3
o,10C
,2007
of 35
20'
L.8.E.-: 1\-
, 'I
~- -' I
5' S,[~I
L,8.E. 'I
w W
IV ~
b"g~/'
0-.
00
(/l
)
5 ~ I ~ I
;= ......... I ~.........
.~;.. cia: ~a:::
o~ :::LJ") 00
~~ : N \ ;::
i'-POB jo- :(
_~- c.u.E,
<'\~
EXHIBI1- 1
~j[ of ...~
- ~~-
I NS9'D5'40"W 230,40'
l ,- q -[' - -- -''- -.-.Sw-
-. 10' -p S U,.[. - :$0
00-
Lfl"1
bN
a
z
N
1-;5' WATERLINE
EASEMENT
'" 100
GRAPHIC SCALE
I
:'DO
FUTURE
DEVELOPMENT
DE, AE, ME,
".-
Q 25
Legal Description
A portion of Tract R, Inverness Club Drive, Naples Lakes
Country Club, as recorded in Plot Book 33, pages 8 through
15 of the Public Records of Collier County, Florida, being
more particularly described as follows.
BegInning at the southeast co"ner or Trcc.t R of said Naples
Lakes Country Club, said point also be;r.g the intersection of
the wl2sterly right-of -way l'1'1e of CcH:er 3ouievord and tne
sou~herly ri;nt-of-woy 11"le or !"ive"!'1.css Club Drive. and the
beginning of 0 curve to the left, of which the ~cdius ooint lies
North B9.09' '1 6" West. 0 radiol distance of 25.00 feet ond
:laving 0 chord bearirg of North 44.07'3'" West, 3:".34 feet;
the!"'\ce northwesterly o:ong soid scutherly f;ght-o~ -way l;r.e for
the follOWing 2 courses and the arc, through 0 cent'ol angle
of 89'56'30", 0 distorce of 39.24 feet; thence North 89'05'40"
W~st. () distonce of i 5.03 feel: trence ieavlng soid line Nodh
00.50.44" 'Ecst. 0 distol1ce of 23.00 feet; ~hence North 8g.C~'46.'
West, 0 distance of 2.30.40 feet: thence North 00.50'44" Ecst. 0
dtston::e of 17.00 feet; thence South 89.05'46" East. 0 dis:cr'",ce of
230.40 'eel; thence North 00.50'44" East. :: distance of 8.00 feet;
thence South e9.C5':~6" Cost, 0 dist:;,nce of 40,00 feet to 0 point
on the westerly right-of-way jtr.e of Said :'o\:ler 8oulevard: ~nenc!
South OC'50'44" West. clang soid line, 0 distance of 72.97 feet to
Ihe POINT OF 8EC"J!'>:INC;.
Containing 5,970 square feet or 0.1.371 ac"es, more or less
CURVE TABLE
~ RADIUS I DELTA I lENGTH lANGENT, CHORD
~ 2500' I 89'56'30. 1 39,24' I 24,97 35.34' i
NOTES:
1, This is not a survey,
2, 8asis of bearing is the West line of
County Rood 951 (C,R 951) being S
00'50'44" W, Florida State Plane Coordinates
NAD 83/90, East Zone.
3. Subject to easements, reservalions and
restrictions of record.
4. Easements shown hereon ore per plot,
unless otherwise noted.
5, Dimensions are in feet and decimals
thereof.
6. Certificate 01 autha,ization LS 43,
7, R/W represents Right-ai-Way,
8. P.O,S, represents Point of Beginning.
9. P.O.C, represents Point of Commencement.
10, O,R, represents Official Records,
11, L.B.E. represents landscape BuHer
Easement.
12, U,E. represents Utility Easement.
i 3. F.P.L.E, represents Florida Power & Light
Easement.
14, D,E. represents Drainage Easement.
15, S, E, represents Sidewalk Easement.
16. P.U,E represents Public Utility Easement.
17. PS.U,E. repersents Prrvate specific use
Ease ment
18, C,U,E, repersents County Utility Easement
18, A,E. repersents Access Easement
r:'>i <:1
;;cJ rIr.N.'~
Rev Revised per CH2MHILL design changes 12/06 DAViD J, T, A~ ~. (FOR TH[ FIRM)
Rev Revised per CH2MHILL design changes 12/06 FLA. LlC, N 583
Rev Revised per CH2MHILL 04/06 NOT VALID WiTHOUT THE SIGNA TUR[ AND THE
ORIGINAL RAISm SCAL OF A FLORIDA LlCCNSED
Rev Revised per County Comments 04/00 SURVEYOR AND MAPP[R
Revised per CH2MHILL 04/06 This is NOT Survey.
a
E.,
CAD FI.f:
IC-41
P!lCl.El' NO:
N6015-S0U-OOl
'I..., . 4, 20::Jt, _ ']8: 2'j39 'T5;8GRt,[lX\S!A~\ccq,e~ bivd\::::H2MHiil\ 1 C-<4 '\\~'c;::le;; lckes Sh<::p~;ng Ct".....t~fdw9
OF X
Wi/.Miller _N~J_N
....,.....~.~,,,.,.,.,.....~~.T'..,,.,.n....~
~,hc.
31OO.........._.........~~.f'Iwn "....,ClI).FI1, ,.,.,.....,........ -..........-
I SHEET
725
DR*IlG HlEX NO:
lC-41
RE.\':
Parcel 729
TRACT GC6
NAPLES HERITAGE GOLF &
COUNTRY CLUB
PHASE ONE
PLAT BOOK 25
PAGES 73-80
N
..-
o 2~!>O 100
GRAPHIC SCALE
I
200
TRACT
w
'0:) . ;=
~g
00
(1\ --
OJ
If
....
....
,a
00
,nco
n
\
EXHIBIT ,--1
nf of ~:J
Page-L ~
I
~,APLE:S w \
HE:Rt,AGE OR'\'E ,'".,
- (60' R/W. c.u-:E-, -- --g-~
D.E.) ..i Lf)
TRAC' R I N ~
1
,< O' UE,
TEMPORARY
CONSTRUCTION EASEMENT
DURA TION ---'3 YEARS.
Legal Description
A portion Tract R, Naples Heritage Drive, Naples Heritage
Golf & Country Club, Phose One, as recorded in Plot Book
26, Pages 73-80 of the Public Records of Collier County
Florida, being more particularly described os follows,
Beginning at the southeasterly corner of said Tract R, said
point also lying on the south right-of-way line of Naples
Heritage Drive, and the beginning of 0 curve to the left, of
which the radius point lies South 50'18'19" West, 0 'adial
distance of 50.00 feet and haVing 0 cnorc beo"ng of North
59'49'25" West, a crord distance of 34.41 feet: hence
northwesterly clang said south right-of-way line and the
ore, through a central ongle of 40'15'29", 0 distance of
35,13 feet; thence leoving said line Nortn 00'50'44" East, 0
distance or 26.65 feet; thence Nor:h 89"09'16" West. 0 distcr"Ice
01 99,89 feet; thence North 00'50'44" Eost, 0 cislonce of 24.00
feet; thence South 89'08'58" Eost, 0 dislonce 01 ; 000 feet;
thence South 00"50'44" West. a distance o' 8.00 feel; thence
South 89'08'58" East, 0 dislorce of 104.89 feet; Ihe"ce Nodh
00-50'44" Eost, 0 distonce of 8.CO 'eet; theree South 89'08'58"
East. 0 distance of 15.00 feet to Q pOI"lt on the easterly line
soid Tract R; thence South 00'50'44" West along sc,d eosterly
line, 0 d;stonce of 67.49 foet '0 the PClINT OF 8EGI],NI.'1G.
Containing .3,259 SQwcre feet or 0.0748 Qcres, mo"e or :ess.
CURVE i RAOiUS I
':20 i 50,00' I
CURVE TABLE
C::l;A :..ENG;-;..; i :l.J~G~N"7
4C"1 :,':?9" I 35 1.3' ) ~ 8.32
.~~:)O::..d9'7Sn,.v
::":RD
2,4t. i'
C!-i:::iRD ~~G.
Rev Revised per CH2MHllL 01/07
Rev Revised per CH2MHllL '2/06
Rev Revised per Ci-!2MHILL 11/06
Revised per C'i2MHILL 04/06
~!
i I
I I
LJ")
(l)
I
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2;:;:
.........
cia:
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....Ju')
OJN
Il;:
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....J
....J
o
(.)
NOTES:
,. This is not 0 survey.
Agenda Item
March 1
f1'age
I
o,10C
2007
of 35
r
~:Z I
<(a:
Z
<( .
(.)0
o
I )
(
2, Basis of bearing is the West line of
County Road 951 (C,R, 951) being S
00'50'44" W, Florida Stale Plane Coordinates
NAD 83/90, East Zone,
;.".- :)6, 2C06 - oe.17:20 T'::<;BJ~~,ErX:\SUP"u.i:lf'r ~;",:',C""!:','~.i'!\ ':--41\CIt.t: [s'Cl'es C':"i~-JrJv;~rll'(?
~ X
I~ INDlJC 110:
1(-41
3. Subject la easements, reservations and
restrictions of record,
4 Easements shown hereon are per plat.
unless otherwise no'.ed.
5, Dimensions ore in feet and decimals
thereof.
9
5. Certificate of authorization LB 43,
~. '~"'B -e:;;:oe:€I~lS"'~::;: c'~i"'~~~i,,"ng
C .D.C re-;,yese"";ts ;::):-:nt ci Camme~cem~nt
C.R. "->2::;r€se~~s :)jr1c!ol Reco~ds.
,-.B.E- "'~;J"-ese!i~s _cndsccpe Buffer
'J.
, I,
t::::se-~~:.
12. ""E. represents U~ility t:asemen\,
.. 3, F.Pl.E, represents Floridc Powe' & L:ght
Ec:sement
14. D.E. represents Draincge Easement.
15. S,E, represe~\s Sidewalk Easer'1enl.
',5, P,l.E, represents Public Utility Easennent.
, 7. C.U.E. represen~s C:oun~y utili:y Easement
C?i " d !J I}
~'('l~nl. ?l
DAVID J, ,...r:/;'r7, 'p!~.M. (FOR THE FIRM)
FLA UC. "/0. 5834-
NOT '.lAUD ;~\'ITI-IOr.jT THE S!GNATU,R[ AND if-IE
ORICINAL RAISE:D SEAL OF A FL OR/DA LlC[NSE:D
SURVEYOR AND MAPPER
This is NOT a Survey,
Wi/s(JnMillsr _N~=-~
.............~.~.~.~ArdtIIc..T~blCcltUwlll
_.he.
TASK ~
GCSOO
I PRO.lECT NO: IIIHEEl'
N5015-S0U-OOl 729
=o:'I...,.......XJ'J.~I\ItII~.,.,.. ~.k1. zw-~...... _.""..._
Ilf:Y:
CEDAR HAMMOCK
PLAT BOOK 32
PAGES 91-108
Parcel 732
\,----/,
TRACT L-7
c(; ",,-
O..q" .
& 'r '
(0.( Cluo( ~..q4t '-"
'<',OJ',.... 4,00",
'1.1.(''''",,, ~Ir
J''? " (,,_
'4C,,(')'_
'-" -4
TRACT
TRACT F-4
TRACT L-6
CURVE RADIUS
C24 I 50,00'
02 543.62'
034 . 523,00'
DELTA
53"07'48"
13" 13'52"
13'25'43"
CURVE T A8LE
I lENGTH 'TANGENT
4E;.16' 25,00
125.54' 63.05
122,58' 6157
CHORD CHORD BRG.
4472' I N25.4~'1 ,"w
125.26' N82'26'3'''W
122,30' SBT32'26"E
Legal Description
A portion Tract A, Cedor Hammock, as recorded in Plat Book 32.
Pages 91-108 of the Public Records of Collier County Florida,
being more particularly described os follows,
Beginning ot the southeast corner of said Troct A, said point also
being the intersection of the westerly right-of -way line of Collier
Boulevard and the southerly right-of -way line of Cedor Hammock
Boulevard arld the beginning of a curve to the left, of which the
radius point lies North 89'09'10" West, 0 radial distonce of 50,00
feet and hoving 0 chord beoring of North 25' 43'11" West, 0 chord
distonce of 44.72 feet: thence northwesterly along said southerly
right-of-way line of said Cedor Hammock Baulevord and the arc,
through a central angle of 53'07'48", 0 distance of 46,36 feet;
thence leaving said line North 00'50'44" East, 0 distance of 26,02
feet; thence North 89'09' 16" West, a distance of 30,00 feet: thence
North 00'50'44" East, 0 distance of 6,38 feet; thence North
89'09'16" West, a distance of 26,34 feet to the point of curve of
o non tangent curve to the right, of which the radius point lies
North 00'56'33" East, a radial distance of 543,62 teet, and beirlg
subtended by a chord hovi"g 0 bearing of North 82'26'31" West
ond 0 distonce of 125,26 feet; thence westerly along the arc,
through 0 central angle of 13'13'52", 0 distance of 125,54 feet:
thence North 14'10'25" East, 0 distol"ce of 20,62 feet to the point
of curve of a non tangent curve \0 the left, of which the rodius
point lies North 14" 0'25" Eost, a radial distance of 523.00 feet,
and being subtended by 0 chord having a bearing of South
82' 32'20" East and a distance of 122,30 feet; thence easterly
along the ore, through a central angle of 13'25'43", 0 distance of
122.58 feet: thence South 89'09'16" East, a distance of 74,50 feet
to the westerly right-of-way line of Collier Boulevard; thence South
00'50'44" West along soid westerly Right-aI-Way line, 0 distance of
93,00 feet to the POINT OF BEGINNING,
Containing 5,193 square feet or 0,1192 ocres, more or less,
TEMPORARY
CONSTRUCTION EASEMENT r\
DURATION .3 YEARS. EXHI~I~ r\
Rev 3) Revised per CH2MHlll 01/07 Page 2...;.L of~>-?
Rev 2) Revised per CH2MHILL 12/Jo
Rev 1) Revised per CH2MHILL 11/06
CH21lHllL 4/06
SKETCH &. DESCRIPTION OF PARCEL 732
A PORTION OF
SECTION 3, TOWNSHIP 50 S., RANGE 26 E.,
COLLIER COUNTY, FLORIDA
TASlC CXlllE: ~ II'tl atICl!D 1m
GCSOO TMO DJH
N
I
00
l-
t>
~
I-
(I
--.. I
Agenda Item 0, 10C
Marc~ 1 ,2007
Pa9:e 5 of 35
I
I
I
(!
I
~
~.........
<(a:
Z
<(-
UO
o
I
l)
I
N
1_
- I
o 2~!.O 100 :200
GRAPHIC SCALE
!IHEET
732
I~ NIEX NO:
IC-41
J-
LJ")
O'l
I
a:
2.~
.........
cia:
>
-'Lf'l
OJN
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~
NOTES:
1, This is not 0 survey,
2, Basis of beoring is the West line of
County Road 951 (C.R, 951) being S
00'50'44" W, Florido Stole Plane Coordinates
NAD 83/90, East Zone,
3, Subject to easements, reservations and
reslriclions of record.
4. Easements shown hereon are per plot,
unless otherwise noted.
5, Dimensions ore in feet and decimals
ther-eof.
6. Certificate of authorization LB 43:
7. R/W represents Right -of ":Woy,
8, P.O.B, represents Point of Beginning,
9, D.E, represents Orainage Easement.
10, L.M,E, represents Lake Mointenance
Eosement.
11, C,U,E, represents County Utility Easement,
'\r~ "6 :2006 - 081i.20 ;osaORNElx.\.SUR\c.r.dj;er bl...c\C~2MhiP\lC-4'\Club [sktes Drive-Dov'ls.dwg
OFX
LINE
l139
L 140
LiNE TABLE
LENGTH I BEARING
30,00 N89'09'16"W
6,38 i NOO'50'44" E
J5 (1~d( 0 ~I
D~VID .;: HYATTlp,"I/!/(FOR THE: FIRM)
FLA. LI,--, NO, _834
NOT VALID Wf7HOU7 TH[ SfCNA'URE AND TH~
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
This is NOT a Survey.
Wi/.Miller -~:.=.=--
~'&wr-'J.~............~~.Trll'llJlll"'l'bea...l...
WMo:lrrMler, he.
PlIOJECI' NO:
N6015-S0U-OOI
!II'XJ....,......,.,~.......~NI'JHIII11.".. ~oINl.Pu ...,............... -.......--
RfY:
Agenda Item No, 100
March 13, 2007
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to endorse the design and construction schedule of the Lely Area Stormwater
Improvement Project (LASIP) Phase lA; Project No. 511011.
OBJECTIVE: To provide the Board an overview of the Le1y Area Stormwater Improvement Project
(LASIP) Phase 1A and to receive the Board's endorsement to proceed with construction of the project.
CONSIDERA TIONS: On January 23, 2007 the Board of County Commissioners approved the award
of Contract No. 07-4075, Phase 1A of LASIP, to Mitchell & Stark Construction Company, Inc. in the
amount of$2,459,003, (Item lOG).
This construction project consists of excavation of an existing water management ditch, relocating and
enlarging it into an engineered canal, for approximately one mile in length beginning at Rattlesnake
Hammock Road, running north to the southern limits of the Kings Lake and Crown Pointe
Developments.
,.........,..
Due to the proximity of the canal's construction relative to several dozen single family residences it is
important to review all of the alternatives considered during the design process, as well as all
mitigatory measures incorporated into the design intended to diminish impacts to adjacent residents
and their private property. This canal's final design is a culmination of considerations incorporated
into the project, meeting all necessary water management requirements while placating the concerns of
the adjacent residents to the greatest extent possible. The design of this canal is the result of balancing
flow capacity, flood protection, State and Federal environmental and water quality criteria, safety, long
term maintainability, construction and maintenance cost, and preservation of adjacent yard area.
In 2006, as construction plans were being finalized, a significant amount of public input was received
during three public meetings relating to the canal's cross section design adjacent to the Queens Park
subdivision. All of this input was considered and evaluated thoroughly by the design team. As a result
of this input a formal engineering analysis of six (6) different canal cross sectional design alternatives
was completed for approximately the northern half of the project including the Queens Park area.
Refer to Attachment 1 for this analysis. The final canal section, typical section no, 4, was selected
because it meets all necessary project criteria and goals while resulting in the least amount of usage of
the existing eighty-foot (80') wide County drainage easement.
On February 28, 2007 a preconstruction meeting was conducted to present the project's construction
plans and the construction sequence. Refer to Attachment 2 for the Public Information Meeting Project
Facts Handout and Attachment 3 for the construction schedule.
FISCAL IMPACT: Funds in the amount of $2,459,003 are available in the Stormwater Capital
Project (511011) Fund 325. Source of funds are Ad Valorem Tax.
-'
GROWTH MANAGEMENT IMP ACT: The Project is consistent with, and furthers the goals,
objectives and policies of, the Collier County Growth Management Plan.
Agenda Item No. 10D
March 13, 2007
Page 2 of 11
RECOMMENDATION: That the Board of County Commissioners endorse proceeding with the
construction of Phase lA of the Lely Area Stormwater Improvement Project, Project No. 511011, as
approved on January 23,2007.
Prepared By: Jerry Kurtz, Principal Project Manager, Transportation Services Division, Stormwater
Management Department
Attachments: 1. Alternative Analysis by Agnoli, Barber & Brundage, Inc.
2. Public Information Meeting Project Facts Handout
3, Contractor's Construction Schedule
4. Press Release issued 2/14/07
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 100
March 13, 2007
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10D
Recommendation to endorse the design and construction schedule of the Lely Area
Slormwater Improvement Project (LASIP) Phase 1A: Project No 511011. (Norman Feder,
AdminIstrator, Transportation Services)
3/13/2007 9 00: 00 AM
Senior Engineer
Date
Prepared By
Gerald Kurtz
Transportation Services
Stormwater Management
3/1/20075:17:33 PM
Approved By
Senior Engineer
Date
Gerald Kurtz
Transportation Services
Stormwater Management
3/2120078:33 AM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin,
31212007 9: 12 AM
Approved By
Principal Project Manager
Date
Eugene Calvert
Transportations Services
Transporta.tion Engineering and
Construction Management
3/212007 10:44 AM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
3/212007 12:52 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
3/212007 4: 12 PM
Susan Usher
Senior ManagementfBudget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
3/5/2007 1 :34 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/5120074:33 PM
Agenda Item NO.1 00
March 13, 2007
Page 4 of 11
AGNOLT
,.,.if,'BARBER &
!i'ii.BRUNDAGE~ fNC
Professional Engineers, Planners & Land Surveyors
7400 Tamiami Trail N" Suite 200, Naples, FL 34108
9990 Coconut Rd" Suite 103, Bonita Springs, FL 34135
Phone (239) 597-3111 Fax: (239) 566-2203
Phone: (239) 334-1173 Fax: (239) 334-1175
MEMORANDUM
Date:
To:
From:
Subject:
August 3, 2006
File 7599 - LASIP
Dan Brundage
Alternatives Analysis for LASIP Canal LCB-OI-COOI5
Along Queens Park.
ABB has been asked by the Collier County Stormwater Management Department
to investigate possible alternative canal sections and conveyance means to soften
the impacts to existing homes located within Queen's Park along the alignment of
LASIP Canal LCB-O I-COO 15. The County has an 80 foot wide drainage easement
in this area in which to construct the canal improvements.
The original permitted canal consisted of a section with a bottom elevation of 0.50
NGVD, a bottom width of21 feet, and 3:1 side slopes. The original section also
included a 10 foot maintenance road along the west side of the canal and a swale,
with a flow line elevation of 4.5 NGVD, between the westerly easement line and
lime rock maintenance road. Refer to Exhibit A, Typical Section 1, for a drawing
of the original proposed section,
After receiving numerous negative comments about the maintenance road and
swale being located along the westerly side of the canal a section was proposed
with the maintenance road along the easterly easement line. This section however
resulted in moving the canal closer to the Queen's Park homes. This section did
not receive favorable reviews from the residents due to the close proximity of the
canal to their homes. Refer to Typical Section 2 in Exhibit A for this section.
Typical Section 3 was then developed in an effort to move the maintenance road
(located along the westerly side of the canal) as far as possible to the east. This
section received un-favorable reviews due to the maintenance road remaining on
the Queen's Park side of the canal.
C:\Documents and Settings\brundage\Local Settings\Temporary Internet Files\OLKlE7\08-039Y06
MEM (2).doc 1
Agenda Item NO.1 00
March 13, 2007
Typical Section 4 was developed with the proposed Greenway from Rattlesmfl~e 5 of 11
Hammock Road to Davis Boulevard in mind. The Greenway will run along the
FPL easement to the east of the subject canal. The Greenway could function as the
canal maintenance road provided FPL would approve tall equipment such as
backhoes being able to operate within their easement. FPL stated they would
allow equipment to work within their easement provided such equipment would
not exceed 15 feet in height. This height limitation would not pose a problem for
routine maintenance consisting of mowing and spraying for vegetation control. It
would however pose a problem for sediment removal activities which occur on an
infrequent basis (once every 10 to 20 years). Typical Section 3 was therefore
developed with the understanding that routine maintenance activities would utilize
the proposed greenway. The non-routine maintenance activities would utilize a
hybrid maintenance road consisting of geoweb, crushed stone, and sod. This
hybrid road would run along the west side of the canal.
A review of the proposed canal hydraulics was also made to determine if the canal
adjacent to Queen's Park could be reduced in width. This additional analysis was
made by running the XP-SWMM computer model of the LASIP system for various
reduced canal widths. The analysis indicated that the canal section could be
reduced to a bottom width of 15 feet resulting in a minimum increase of water
elevation in the canal for the 25 year storm. The canal width in Typical Section 4
has been reduced accordingly.
Typical Section 5 is similar to Section 4 except one side of the canal has been
steepened to a 2: 1 side slope. This steep side slope will require gabions for
reinforcement. This section meets the required hydraulic capacity as discussed for
Section 4.
Typical Section 6 calls for the replacement of the canal with a double 5' x 10' box
culvert. This size box would be required to minimize the hydraulic gradient
required over the length of the box to pass the required flow.
The cost of construction of Sections 1, 2, 3, or 4 would be approximately the same.
The cost of construction for Section 5 would include an additional expenditure for
gabions which is estimated to be $550.00 per foot of canal, resulting in an
additional project cost of$1,458.000.
The cost of construction of the double 5' x 10' box culvert would result in an
additional cost of $2,000 per foot of canal resulting in an additional project cost of
$5,300,000.
C:\Documents and Settings\brundage\Local Settings\Temporary Internet Files\OLKlE7\08-039Y06
MEM (2),doc 2
Recommendation
Agenda Item NO.1 OD
March 13, 2007
Page 6 of 11
Sections 5 and 6 are not recommended based on the order of magnitude of the
difference in cost between these two sections and the other four.
Of Sections 1 through 4, Section 4 provides the most separation between the
Queen's Park houses and the canal. Section 4 is therefore the recommended
section to be used for LASIP Canal LCB-O I-COO 15.
C:\Documents and Settings\brundage\Local Settings\Temporary Internet Files\OLKlE7\08-039Y06
MEM (2).doc 3
K:\7599 Lely Outfall Bssin\CAO\Queens Park Exhibi1\Exhibit A.dwg, 8/312006 10:47:18 AM
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Lely Area Stormwater Improvement Proie~ch13,2007
, .. . . . J '" !Dage8 of 11
Kick Off of Construction - Public Information Meeting
.J
Feb. 28,2007
Collier County Stormwater Management Department
Proiect Facts
· Lely Branch Canal improvements extend from Rattlesnake-Hammock Road to King's Lake Boulevard
· One mile long, Six-foot depth, fifty-two feet wide (at top) channel
. Greenway Project - bike & walking path planned
. Construction Contract for canal: $2.46 million
Anticipated Schedule
· Construction is scheduled to begin in March 2007
. Completion is planned in the third quarter of 2007
Who to Contact for Information
· Collier County Stormwater Management Department 774-8192 - Project Manager Shane Cox or shanecox@collierqov,net
· Construction Management Oversight - URS, Inc. (305) 884-8900 Nestor Fernandez or nestor fernandez@urscorp,com
· Contractor - Mitchell & Stark Construction 597-2165 - Project Manager Russ Dejonge or rdeionqe@MitcheIlStark.com
Lely Branch Canal Phase 1 A
Improvement
Project Area
Approximate finished appearance
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Agenda Item No, 10D
2007
f 11
Collier County Government
Transportation Division
Transportation Engineering and
Construction Management Department
2885 S. Horseshoe Drive
Naples, FL 34104
239-774-8192
Contact:
Connie Deane
Community Liaison
774-8192 or 774-8365
Eileen O'Grady
Public Information Specialist
774-8192 or 213-5801
Feb. 20, 2007
FOR IMMEDIATE RELEASE
Lely Area Storm water Improvement Project Phase lA Kick-off of Construction
Public Information Meeting Announced
The Collier County Stormwater Management Department is hosting a "Kick Off of Construction" Public
Information Meeting Wednesday, Feb, 28 from 4:30 to 6:30 p,m, at St. Peter the Apostle Catholic Church,
Parish Hall, 5130 Rattlesnake Hammock Road, Naples regarding the Lely Area Stonnwater Improvement
Project (LASIP), Phase 1 A. This phase of the project consists of deepening, widening, and in some places
reconfiguring about one mile of the storm water canal within a drainage easement adjacent to and just west of the
power line easement running north between Rattlesnake Hammock Road and one mile south of Davis Boulevard
between the Queens Park and Riviera subdivisions, Construction is scheduled to begin in early March and be
completed in the late summer, Once completed, the canal will have a noticeable flow of water during the rainy
season when stormwater runoff is generated by rainfall, During the dry season there will be no noticeable flow
but we anticipate there will be water in it all year long, most years,
The project was competitively bid, Six contractors submitted bids and in January the Board of County
Commissioners approved the lowest qualified bidder of Mitchell & Stark Construction Company, Inc, for
approximately $2.46 million for the improvements to the Lely Branch Canal from Rattlesnake Hammock Road
to King's Lake, The Lely Branch Canal is a major Secondary Canal that provides the backbone for the
northwestern portion of the Lely drainage basin. The improvements in Phase lA include the reconstruction of
one mile of the canal and a canal maintenance roadway, There are a number of homes located west of the canal
easement and a Florida Power and Light easement is to the east. The canal will be 52 to 60 feet wide at the top
and have a depth of approximately 6 feet. The canal sides will typically have a gentle 3: 1 slope. A pedestrian I
bicycle pathway will be constructed along west side of the southerly portion of the canal to facilitate a future
FPL greenway project.
The overall LASIP has been in process of study and design and pennitting for over 16 years. LASIP is a
stormwater facilities improvement project that has been designed to address a multitude of storm water issues
within an 11,000 acre area composed of two drainage basins in the Lely area. Neighborhoods throughout the
Lely area have experienced flooding during high rainfall events. In addition to improving flood control, the
LASIP project will also improve the quality of the stormwater runoff. The overall cost of the improvements is
$62 million and it has been programmed for completion over the next 6 to 8 years.
-illore-
Agenda Item No, 100
March 13, 2007
Lely Area Stonnwater Improvement Project Phase IA Kick-ofT of Construction Public Infonnation Meeting Announced/Page 2 of 2 Page 11 of 11
The meeting will be held in an open house format. There will not be a formal presentation, The public is
welcome to stop in during the two-hour time frame of the meeting to review the displays detailing the project,
talk one on one with Stormwater Management Department staff and representatives of the county's construction
contractor, consulting engineering inspection contractor and design team. Members of the Board of County
Commissioners (BCe) may be in attendance at this public meeting.
In accordance with the Americans with Disabilities Act, any person requiring special accommodations to
participate in the meeting should contact the Collier County Transportation Services Division at least two days
prior to the meeting by calling (239) 774-8192,
If you have any questions please contact Senior Project Manager Shane Cox, P.E., with the Collier County
Stormwater Management Department, 774-8192.
###
[News Media: If you have any questions, please contact Community Liaison Connie Deane at 774-8365 or
Public Information Specialist Eileen O'Grady at 213-5801.]
Agenda Item No. 10E
March 13, 2007
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation that the BCC accept the KPMG audit report and management responses
related to the October 17, 2006 engagement letter between Collier County and KPMG.
OBJECTIVE: Recommendation that the BCC accept the KPMG report and management
responses resulting from the October 17, 2006 engagement letter between Collier County and
KPMG.
CONSIDERATION: At the September 12, 2006 BCC meeting, under Item 15, the Board
directed the County Manager to engage KPMG in a supplemental audit of the Housing and
Grants Section activities relative to Community Development Block Grant (CDBG), HOME, and
State Housing Initiative Partnership (SHIP) programs. The BCC also requested a detailed review
of the $98,000 "seed money" provided to the Collier County Housing Development Corporation
(CCHDC) as approved by the BCC on Sept 10, 2003.
KPMG was contracted by the County Manager to carry out this board request. KPMG will
deliver the complete audit with management responses to the Board of County Commissioners
on March 8, 2007.
-
FISCAL IMPACT: Cost of the supplemental audit is unknown at this time. KPMG will bill
on an hourly basis when complete,
GROWTH MANAGEMENT IMP ACT: None
LEGAL CONSIDERATIONS:
RECOMMENDATION: That the BCC accept the KPMG report and management responses as
a result of the October 17, 2006 engagement letter between Collier County and KPMG,
PREPARED BY: H. Denton Baker, Director
CDES Operations Support Department
---'
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10E
March 13, 2007
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10E
This item to be heard at 1:00 p.m Recommendation that the BCC accept the KPMG audit
report and management responses related to the October 18, 2006 engagement letter
between Coltier County and KPMG.
3/13/20079:0000 AM
Financial Admin & Housing Director
Date
Prepared By
Denton Baker
Community Development &
Environmental Services
Financial Admin. & Housing
3/2/20074:38:17 PM
Date
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
3/5/20078:58 AM
Executive Secretary
Date
Approved By
Kathy Carpenter
Public SeNices
Public Services Admin.
3/51200710:19 AM
Public Services Administrator
Date
Approved By
Marla Ramsey
Public Services
Public Services Admin.
3/5/200710:37 AM
Director
Date
App roved By
Marcy Krumbine
Public Services
Housing & Human Services
3/5/20073:37 PM
Management & Budget Director
Date
Approved By
Michael Smykowski
County Manager's Office
Office of Management & Budget
3/6/2007 1: 20 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
3/6/2007 1 :56 PM
.emt
---\.exv\ =if IOt:-
211'310'1
-:
KPMG LLP
Suite 1700
100 North Tampa Street
Tampa, FL 33602
Telephone 813223 1466
Fax 813 229 3976
Internet www.us.kpmg.com
'"BM"R.
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3h\.{ 10'\
March 8, 2007
Distinguished Members of the Board of County Commissioners
Collier County, Florida:
ill our engagement letter dated October 18, 2006, we stated that we would perform audit procedures
with respect to Collier County's Community Development Block Grant (CDBG), Home illvestments
Partnership Program (HOME), and State Housing illitiatives Partnership Program (SHIP) in
accordance with the provisions of OMB Circular A-l33 and Chapter 10.550, Rules of the Auditor
General for the years ended September 30,2006 and 2005. The Board expressed that KPMG extend
our review beyond the scope defined to include the following:
· Test expenditurei>by major subrecipients for the same periods to determine that they are being
used to produce results consistent with the subrecipient agreements,
· Review the $98,000 "seed money" provided to the Collier County Housing Development
Corporation (CCHDC) for compliance with the agreed-to accomplishments and for purposes
consistent with their mission.
We stated that we would prepare a written report which (1) provides our opinion on the schedule of
expenditures of these programs, and (2) provides our opinion on compliance with the requirements
applicable to each of these programs and on internal control over compliance. The report will
indicate that it is intended solely for the information and use of the Board of COlillty Commissioners
and management of Collier County, Florida and is not intended to be and should not be used by
anyone other than those specified parties.
We are in the process of completing our single audit which will include the opinions referred to above
regarding expenditures and compliance and will also include detailed findings relative to specific
grants as well as management's response to each of those findings (see Attachment). The findings
that we have identified with the above grants have also been summarized later in this report.
The purpose of this report is to provide additional information regarding the expenditures of the
County's housing programs and specifically to discuss items that came to our attention in reviewing
the $98,000 seed money provided to CCHDC, as well as our testing of expenditures for major
subrecipients.
Seed Monev of $98.000
Collier County requested that KPMG LLP review the $98,000 "seed money" provided to Collier
County Housing Development Corporation (CCHDC) for compliance with the "agreed-to
accomplishments and for purposes consistent with their mission." We noted the following:
KPMG LLp, a u.s. limited liability partnership, is the U.S.
member firm of KPMG International, a Swiss cooperative.
~ mJ
I4am =t (DE
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Page 2
>- On September 10, 2003, the Collier County Board of County Commissioners (BOCC) approved
funding in the amount of $98,000 for the creation of a non-profit housing development
corporation.
>- We observed a letter dated April 9, 2004 from Joseph G. Foster (President ofCCHDC) to Connac
Giblin (Housing Development Manager for Collier County). The letter requests the BOCC to
provide the $98,000 of seed money to CCHDC to "assist us in our initial organizational efforts."
The letter also outlines the proposed "tangible deliverables" that CCHDC would provide and the
payment associated with each deliverable. The letter indicates that these deliverables were
discussed with Mr. Giblin's office.
We did not observe any further BOCC approvals (to provide the seed money to CCHDC) or
fonnal response to Mr. Foster's letter accepting the proposed deliverables. As detailed below,
however, the County made payments totaling $98,000 to CCHDC based upon the deliverables in
this letter.
>- There were 10 deliverables listed in the letter noted above. Those deliverables, the related
payment amount, and the associated documentation observed by KPMG are as follows:
· Item 1 ($8,000)
Filed Articles of Incorporation with the State of Florida
KPMG observed the Articles of illcorporation of CCHDC and a certificate from the State of
Florida that they were filed on September 22, 2003.
· Item 2 ($10,000)
Hold Community Organizational Meeting to determine interested cOlporations,
organizations, individuals and community resources
KPMG observed an "invitation" to patiicipate in the fonnation of a Non-profit Housing
Development Corporation. We also observed a copy of the "agenda" for the organizational
meeting to be held on October 20, 2003. We were unable to review any minutes of the
meeting or a listing of pmiicipants who attended.
· Item 3 ($10,000)
IdentifY interested individuals and install Board of Directors
We observed a letter dated November 28,2003 from Mr. Foster to eight individuals thanking
them for volunteering to serve on the Board of Directors. We also observed the minutes of
the first meeting of the Board of Directors held on December 4, 2003. The minutes do not
formally describe the "installation" of the board members, but list the names of the nine
individuals on the Board and the names of the officers elected.
I'BI
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Page 3
· Item 4 ($10,000)
Develop and approve corporate By-Lmvsfor the corporation
We observed the By-Laws ofCCHDC. We also observed board approval of the by-laws, as
reflected in the minutes of the first board meeting held on December 4, 2003.
· Item 5 ($10,000)
Apply for 501 (c)(3) charitable-organization status for the corporation from the U.S Internal
Revenue Service (IRS)
We did not observe a copy of the application submitted to the IRS, however we observed a
letter fi'om the IRS dated July 20, 2004 indicating that CCHDC was exempt fi'om federal
income tax under section 50l(c)(3).
· Item 6 ($10,000)
Hold brainstorming retreat with the members of the Board of Directors to begin process of
determining organizational vision, mission statement, and goals
We observed the "agenda" for a Board of Directors meeting to be held on Febmary 7, 2004.
The agenda included developing a mission statement, stmcturing the board, defining
problems, market conditions, resources, business lines and "next steps." We also observed
one page of "Flipchart notes from the board retreat" on Febmary 7, 2004. We were unable to
review minutes of this meeting.
· Item 7 ($10,000)
Draft and approve a Mission Statement for the cmporation
We observed minutes of the Board of Directors meeting held on June 8, 2004. There was a
motion approved to adopt the "Goal Setting Worksheet." This goal setting worksheet was
attached to the board minutes and included the following mission statement: "The CCHDC
exists to ensure that all residents of Collier County have a decent affordable home in a safe
neighborhood."
· Item 8 ($10,000)
Develop list of short-term and long-term goals and projects for the corporation
The "Goal Setting Worksheet" noted above does not specifically address "short-term" versus
"long-term" goals. The worksheet lists three "target areas" and has 4-5 goals for each of
these areas. The "target areas" are as follows:
1) Development of more affordable housing units
2) Assist in the development of more affordable housing units
3) County-wide resource center for affordable housing
The worksheet also describes the "initial work on goals."
, I'BI
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Page 4
· Item 9 ($10,000)
Receive official recognition of 501 (c)(3) charitable-organization status of the corporation by
the Us. IRS
We observed a letter from the IRS dated July 20, 2004 indicating that CCHDC was exempt
from federal income tax under section 501(c)(3).
· Item 10 ($10,000)
Receive official recognition of Community Housing Development Organizational status for
the corporation from the Us. Department of Housing and Urban Development, or its
designee.
We observed a letter dated February 6, 2006 from Susan Golden (Grants Administration
Manager for Collier County's Housing Department) to Kathy Patterson of ccHbc. The
letter "certifies the CCHDC as a Community Housing Development Organization operating
in Collier County effective December 8,2005."
>- We observed the following with respect to payment of the deliverables described above:
· CCHDC submitted an invoice dated May 26,2004 for $68,000. The invoice was signed by
Mr. Foster and indicated that the first seven deliverable items (as described above) had been
completed. Because we did not observe a copy of the IRS application, we could not
detennine if "item 5" had been accomplished as of the invoice date. However, the letter from
the IRS dated July 20, 2004, would indicate the application had been filed at the date of this
invoice. In addition, the mission statement that we observed (item 7) was not fonnally
approved by theBoard until June 8, 2004.
We observed a copy of a check dated June 16, 2004 from the BOCC and signed by Dwight E.
Brock and the Chailman of the Board of County Commissioners to CCHDC for $68,000.
The purchase order associated with this payment was approved by Connac Giblin.
· CCHDC submitted an invoice dated October 5, 2004 for $20,000. The invoice was signed by
Mr. Foster and indicated that items 8 and 9 had been completed.
We observed a copy of a check dated October 20, 2004 from the BOCC and signed by
Dwight E. Brock and the Chairman of the Board of County Commissioners to CCHDC for
$20,000. The purchase order associated with this payment was approved by Connac Giblin.
· CCHDC submitted a request for payment signed by Kathy Patterson on February 9,2006 for
$10,000, indicating that item 10 had been completed.
We observed a copy of a check dated March I, 2006 fi'om the BOCC and signed by Dwight
E. Brock and the Chairman of the Board of County Commissioners to CCHDC for $10,000.
The purchase order associated with this payment was approved by Connac Giblin.
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CCHDC: Expenditure and Reconciliation of Funds
As noted above, the County approved funding in the mnount of $98,000 for the creation of a non-
profit housing development corporation. There was not, however, a formal agreement between the
County and CCHDC and we did not observe any documentation or correspondence describing the
specific use of those funds.
We observed the following with respect to the expenditure of the $98,000 seed money, as well as the
expenditure of contribution and grant funding (as listed below) received by CCHDC. In addition, we
reconciled the revenue atld expenditure items listed below to CCHDC's general ledger and bank
statement as of September 30,2006.
Sources and uses of funds provided to CCHDC by Collier County
(from inception through September 30,2006)
Funds provided to CCHDC from Collier County:
HOME: land acquisition
Total funding received fi'om Collier County
$320,000.00 Paid to CCHDC on 12/19/05; approved
by Rosa Munoz, Connac Giblin and
Denny Baker.
7,500.00 Paid to CCHDC on 2/17/06; approved
by Rosa Munoz and Connac Giblin.
The total developer fee is $30,000 and
the balance will be paid as certain
milestones are achieved.
72,000.00 Paid to CCHDC on 7/11/06; approved
by Rosa Mlmoz, Cormac Giblin and
Dermy Baker.
9,375.00 Paid to CCHDC on 7/11/06; approved
by Rosa Munoz, C0l111ac Giblin and
Denny Baker.
98,000.00 See payment dates and approvals noted
above.
HOME: developer fee
CDBG: land acquisition
CDBG: closing costs and developer fee
Seed money from Collier County
$506,875.00
Land acquisition costs:
Land acquisition: Cirrus Pointe Joint Venture
$320,000.00 Observed sales contract and closing
statement showing the total land cost
of$1,080,000. Funds were used to
pay a portion of the acquisition cost
associated with providing 32 units of
affordable housing. The balance of
the purchase price as well as closing
costs and constmction and interest
reserves of $445,000 were paid for by
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Land acquisition: 819 Church Street, Copeland
Closing costs: 819 Church Street, Copeland
Stan-up and operating costs:
Salary and payroll taxes
Health insurance reimbursement
Telephone and intemet services
Rent and sigtlage
~ :tt to
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Cinus Pointe Partners LLC. The
closing was handled by the Porter
Wright law flll11. See the Single Audit
comments for issues noted with
respect to this transaction.
$72,000.00 Observed sales contract and closing
statement for $72,000.
2,368.46 Appraisal fee of$375 (paid to Gary
Bowles Appraisal Services) and
closing costs per the closing statement
of $1 ,993 .46. Closing costs per the
closing statement were as follows:
$150 settlement fee paid to Porter
Wright Monis & Arthur, LLP, $175
title search paid to Attomeys' Title
msurance Fund, $100 title examination
paid to Porter Wright, $64 title
insurance paid to Porter Wright,
$18.50 recording fee, $504 of State
tax/stamps, $1,050 survey paid to
F.L.A. Surveys, $10 phone/fax/copy
charges paid to Porter Wright, $32
garbage collection fee, less a credit for
County taxes of$110.04.
Note: CCHDC received $3,375 from
the County for closing costs. Costs
incuned totaled only $2,368.46
(difference of$1006.54.)
$394,368.46
$73,516.30 Bi-weekly salary for Kathy Patterson
(Executive Director) of$1,634.62
statiing 2/24/05, plus employer payroll
taxes.
7,862.92 Monthly payment of $561.83 paid
directly to Kathy Patterson to cover
the costs of health insurance.
Payments were made for the months of
March 2005 to April 2006.
4,163.03 Observed invoices from Sprint,
Embarq, and Com cast.
3,851.41 Observed lease agreement (NBC
Building) and invoice for sigtlage.
CCHDC occupied this space from
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Travel expense
$3,824.55
Office and computer supplies
2,329.04
Tax return and financial statement review
2,700.00
Payroll processing fees
1,527.84
Printing services
Business fees and taxes
1,214.20
1,108.60
Insurance
841.60
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April of2005 to June of2006.
Mileage reimbursement of $457.43 to
Kathy Patterson. Travel to attend
Florida Affordable Housing
Conference of$663.02, travel to
Tallahassee of $494.30, travel to
attend "Florida Housing Coalition
Financing & Developing Affordable
Housing" of $324, travel to attend
"Housing Coalitions Alternative
Funding Sources" of$307.70, travel to
attend "Quantitative Analysis of the
SHIP program" of$465.10, hotel for
National Community Latld Tmst
Conference of $756, hotel for 2006
Florida Housing Coalition conference
of$357.
Observed invoices fi'om Office Depot,
Office Max, QuickBooks, Circuit City,
Success Computers, Home Depot, Ace
Hardware, Harland Checks, US Postal
Service, Traci Grothause (purchase of
$150 desk), atld Comp USA.
Observed reimbursement to Kathy
Patterson in the atnount of $732.29
(supported by invoices from Office
Max, Office Depot, Costco Check
Printing, QuickBooks, Success
Computers, and Costco).
Observed invoice from Robert T
Resha, CPA.
Observed reports from Paychex and
mtuit.
Observed invoices from Kwik Kopy.
Observed documentation relating to
Division of Corporations, Florida UC
Fund, and Florida Depmiment of
Revenue. Observed invoice from
POlter Wright Monis & Althur
(reimbursement of $500 recording fee,
$168.75 incorporation fee, $8.75
certificate of status, $79.45 long
distance, courier and copy charges,
$61.25 Division of Corporation fee for
2006).
Observed invoice fi-om Ott msurance
Agency.
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Advertising
Subtotal - start-up and operating costs
$767.00 Observed invoices from Naples Daily
News and Naples Sun Times.
438.10 Observed invoices from Success
Computer Consultants, Willett
Associates, and Michael R. Memoli.
300.00 Observed invoices from Florida
Housing Coalition.
125.00 Observed bank service charges per the
bank statement and invoices from
Trophy Case of Naples, Community
Foundation, and Horizon Foundation.
Computer consulting
Membership fees
Miscellaneous
$104,569.59
Total costs associated with funds provided
through Collier County
$498,938.05
Remaining funds at September 30, 2006
$ 7,936.95
(Note: Payroll atld payroll taxes from October I, 2006 to December 31,2006 would total $12,3l7.69,
thus utilizing the remaining funds.)
CCHDC: Revenue from sources other than Collier County:
ContIibutions - $ 1 ,280 and grants - $3,700
Housing Fair vendor fees
$4,980.00
3,200.00
8,180.00
Expenses associated with these sources - includes
costs associated with:
Housing Fair
Training fees partially funded by grants
Computer funded by grant
Miscellaneous items
1,303.91
1,175.00
1,519.63
672.94
4,671,48
Remaining "other funds" at September 30, 2006
$ 3,508.52
Reconciliation to CCHDC's records and bank statement as of 9/30/06:
Remaining funds from Collier County
Remaining funds from "other sources"
Total (agrees to balance per CCHDC books at September 30,2006)
Outstanding checks ($268.05 Office Depot, $380.67 Embarq)
Balance per the bank statement as of September 30, 2006
$ 7,936.95
3,508.52
11,445.47
648.72
$12,094.19
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Collier County Housinl! Grants: Testinl! of Expenditures for CDBG, HOME and SHIP:
In conjunction with our single audit testwork, we observed documentation associated with
expenditures as follows:
CDBG HOME
Year ended September 30,2006:
Total grant expenditures $2,038,491 $1,242,713
Less: payroll expenditures
(tested separately) (429263) (84,645)
Remaining expenditures $1.609.228 $1.158.068
Expenditures tested by KPMG $1.036291 $757.508
Percent coverage 64% 65%
SHIP
$2,064,606
(163,460)
$1.901.146
$436.052
23%
· Subrecipient expenditures made from CDBG funds totaled $664,856. See additional
procedures perfonned relative to major subrecipients.
· Subrecipient expenditures for the HOME program in fiscal 2006 totaled $700,114
($148,614 of tenant-based rental assistance [TBRA] at1d $551,500 of expenditures paid to
CHDOs), KPMG observed documentation relating to TBRA assistance of $38,992 and
100% of the costs related to the CHDOs. See additional procedures perfonned relative to
major subrecipients. Other expenditures related primarily to providing direct assistance to
homeowners.
· There were no subrecipient expenditures for the SHIP program in fiscal 2006.
Expenditures related primarily to providing direct assistance to homeowners.
CDBG HOME SHIP
Year ended September 30, 2005:
Total grant expenditures $1,272,962 $609,288 $2,500,669
Less: payroll expenditures
(tested separately) (382,901 ) (8 1.086) (169,807)
Remaining expenditures $ 890.061 $528.202 $2330,862
Expenditures tested by KPMG $726.113 $215.234 $274.622
Percent coverage 82% 41% 12%
· Subrecipient expenditures made from CDBG funds totaled $674,000 See additional
procedures performed relative to major subrecipients.
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· Subrecipient expenditures for the HOME progrmn in fiscal 2005 totaled $91,650
($76,145 of tenant-based rental assistance [TBRA] and $15,505 of CHDO operating
expenses.) KPMG observed documentation relating to TBRA assistat1ce of $36,768 and
CHDO operating costs of $8,540. Other expenditures related primarily to providing
direct assistance to homeowners.
· There were no subrecipient expenditures for the SHIP program in fiscal 2005.
Expenditures related primarily to providing direct assistance to homeowners.
Additional Notes on Subrecipient Expenditures
We obtained a listing of subrecipient expenditures in fiscal 2005 and 2006 that were directly
associated with the development or rehabilitation of affordable housing units. Subrecipients with
such expenditures were as follows:
· Collier County Housing Development Corporation
· Big Cypress Housing Corporation
· Empowerment Alliance of Southwest Florida
· Habitat for Humanity
· Immokalee Nonprofit Housing
· Immokalee Senior Housing
We requested a detail of expenditures for each of these subrecipients for the period October 1,
2004 to September 30, 2006. We observed contractual agreements, expenditure documentation,
and monitoring documentation associated with these expenditures.
See the 2006 Single Audit findings (Attachment) associated with these expenditures.
The status of these projects, as documented in monitoring repoI1s, correspondence, or VIa
discussion with Housing Department staff, was as follows in the first quarter of fiscal 2007:
· Collier County Housing Development Corporation
(HOME funds of $350,000; contract dated December 14, 2005, $327,500 expended in fiscal
2006)
· Project involves the acquisition of land to construct 32 affordable housing units in a
mixed-income condominium development.
· Per the agreement, construction was supposed to start August 31, 2006. The project
deadline for completion of all units and occupancy by qualified buyers is May 30,2007.
· The project is not ruIming according to schedule. The subrecipient had not started
construction on the project as of December 31, 2006. Per discussion with CCHDC, the
project is cUlTently in the pennitting process. The project experienced pennitting delays
due to replacing the architect. In addition, due to the slower real estate market, the joint
venture has not pre-sold the required number of units to draw construction funds.
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· Collier County Housing Development Corporation
(CDBG funds of $100,000; contract dated June 1, 2006, $81,375 expended in fiscal 2006)
.
Project involves the acquisition of property at 819 Church Street in Copeland for the
fhture constmction of an affordable housing unit or duplex.
Fifty percent of the funds were required to be expended by December 1, 2006. The
subrecipient met this requirement.
The subrecipient is required to secure construction funding by May 31, 2007 and
complete the outlined activities by June I, 2007. CCHDC must complete the project
(including traIlsfer of title to an income-eligible homeowner) within 3 years.
Per discussion with CCHDC, they split this lot and will build 2 modular homes on the
propeliy. They have obtained constmction bids and are working to finalize constmction
finmlcing, which may come from the Florida Housing Finance Authority, SHIP and/or a
financial institution.
.
.
.
· Big Cypress Housing Corporation
(HOME funds totaling $224,000; contract dated July 26, 2005; all funds expended in fiscal
2006)
· Project involves the development and constmction of four single-faInily rentallmits for
the homeless at Eden Gardens.
· Per the agreement, constmction was supposed to start November I, 2005. The project
deadline for completion of these units was November 1, 2006.
· The project is not mnning according to schedule. The subrecipient had not stmied
construction on the project as of December 31, 2006. Per discussion with Housing
Department staff, there were unexpected delays due to environmental issues and County
site-plan issues.
· Empowerment Alliance of Southwest Florida (EASF)
(CDBG funds totaling $239,550; contract dated May 22, 2003, amended Febmary 9, 2006;
$85,261 expended in fiscal 2005, remainder expended prior to fiscal 2005)
· Project involves the site development of a parcel of laIld (known as Milagro Place) to
support the constmction of approximately 26 single-faInily homes for income eligible
residents.
· The project completion date for the 26 units per the original contract was July 2005. Per
the amended agreement, the extended time frame for completion of the outlined activities
is June 15,2007.
· The October 2006 "monthly progress report" indicates that eight units are finished and
occupied and five units are completed (with two scheduled to close in November 2006
and three awaiting final homeowner approval.) EASF stated that they have picked up
permits for the next seven units. Permits for the remaining six units will be pulled at a
later date.
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· Habitat for Humanity
(CDBG funds totaling $500,000; contract dated December 9,2004; all funds expended in
fiscal 2005)
· Project to acquire 100 acres of land and construct at least 250 new owner-occupied
housing units for low-income residents.
· Funds were expended in 2005 to acquire land. Habitat for Humanity met the deadline to
expend the funds by March 31, 2005.
· The contract states that re-zoning and pennitting is aIlticipated to take three years. It also
states that 50% of the units must be completed by June 30, 2010.
· The November 2006 "monthly progress report" indicates that environmental studies, land
planning, pennitting and zoning are in progress. As such, the project appears to be on
schedule.
· lmmokalee Nonprofit Housing
(CDBG funds of $218,600; contract dated November 21,2005, amended June 14, 2006 and
September 12,2006; $163,884 expended in fiscal 2006)
· Project to install 40 permanent air conditioning aJld heating units in the homes of income-
eligible households in SaIlders Pines, Immokalee.
· The project completion date per the original contract was June 15, 2006. Per the
amended agreement, the extended time frame for completion of the outlined activities
was October 31, 2006.
· The project is complete. The final lien release fi'om the contractor was dated November
7, 2006.
· lmmokalee Senior Housing, Ltd. a/k/a United Church Homes
(CDBG funds of $200,000; contract dated December 19, 2005; $22,047 expended in fiscal
2006)
· Project to construct 30 rental units for very-low income elderly residents. This
subrecipient also received $275,000 of CDBG funds in fiscal 2004, which was expended
to acquire land for this project.
· The project has experienced problems and the subrecipient has not adhered to the project
schedule. The County tenninated all agreements with this subrecipient on December 6,
2006 aJld demanded repayment of all grant funds (totaling $297,047.) Per discussion
with Housing Department staff, the funds have now been returned to the County.
Summary of2006 Audit Findines
The following is a sUlmnary of the findings related to Housing grants that are included in the
fiscal 2006 Single Audit repOlt. Please refer to the Attachment for the specific findings
associated with each funding.
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Findin!:! 2006-1
Completion of the environmental review process is mandatory before taking a physical action
on a site, or making a commitment or expenditure of HUD funds for property acquisition,
rehabilitation, conversion, lease, and repair or construction activities.
At the time of our initial audit testwork, an environmental review had not been perfonned or
fully documented for one HOME project (land acquisition by Collier County Housing
Development Corporation) and four CDBG projects (Immokalee Non-Profit Housing, Collier
County Hunger & Homeless Coalition, David Lawrence Center, Empowerment Alliance of
Southwest Florida.)
Findin!:! 2006-2
A Community Housing Development Organization (CHDO) is a specific type of nonprofit
entity that must meet certain requirements pertaining to legal status, organizational structure,
capacity and experience. As of September 30, 2006, the County had certified the following
three organizations as CHDOs:
· Collier County Housing Development Corporation (CCHDC)
· Empowerment Alliance of Southwest Florida (EASF)
· Big Cypress Housing Corporation (Big Cypress)
We observed documentation maintained by the County to detennine if these organizations
met the criteria to qualifY as a CHDO. We noted deficiencies with respect to the CHDO
documentation on file for each of these organizations.
Findin!:! 2006-3
The County must reserve 15 percent of its HOME allocation for investment in housing to be
developed, sponsored, or owned by CHDOs. This 15% allocation is refelTed to as "set-aside"
funds.
The County entered into a contract with CCHDC to provide $350,000 of HOME funds
(including $115,000 of CHDO set-aside funds) for development of 32 affordable housing
units. The County has indicated that it believes CCHDC is fulfilling the capacity of a CHDO
"developer" on this project. Based upon HUD's "Building HOME" guide and our review of
the contract documents, it does not appear that CCHDC met the conditions to be considered a
"developer."
Findin!:! 2006-4
If a CHDO is utilizing "set-aside" funds for a project and owns this project in partnership, it
must be the managing general paIiner. m acting in any of the capacities specified, the
community housing development organization must have effective project control.
The County entered into a contract with CCHDC to provide the $350,000 of HOME funds
(including $115,000 of CHDO set-aside funds) for development of 32 affordable housing
units. CCHDC entered into a joint venture (N) agreement with James Fields/Cinus Pointe
Partners to develop this project. Based upon our review of the N agreement, CCHDC was
not designated as the managing general partner and did not have effective project control at
the time HOME funds were expended.
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Findi11l! 2006-5
Requirements under the Unifonn Relocation Act for a voluntmy real propelty acquisition
include the following: (1) inform the property owner in writing that the power of eminent
domain will not be used to acquire the property if negotiations fail to result in an amicable
agreement; (2) no specific site is designated for acquisition; and (3) provide the property
owner a Wlitten estimate of the fair market value of the property before entering into a
contract for sale.
One of the County's subrecipients (Big Cypress) acquired a pat"cel of real property with
HOME funds totaling $224,000. The propelty owner was not provided the information
required in items (1) and (3) above by either the County or Big Cypress.
Findinl! 2006-6
HOME regulations state that administration of tenant-based rental assistance (TBRA) IS
eligible only as a "general management oversight and coordination" cost.
TBRA administrative costs totaling $20,000 were paid to the Collier County Housing
Authority, however they were not funded as required. These administrative costs were
essentially drawn fi"om "project" funds instead of "administrative" funds.
Findinl! 2006-7
The County must provide eligible matching contributions equal to 25% of HOME funds
drawn from the U.S. Treasury. Match funds must be contributed permanently to the HOME
program aJld as such, all repayment, interest or other retlln1 on investment must be deposited
in the County's HOME account to be used for HOME projects.
The County was not aware that SHIP loans used as "match" must be pennanently contributed
to the HOME program and as such, did not have a control mechanism in place to determine
proper treatment of "match" loan repayments.
Findinl! 2006-8
Agreement with Collier County Human Services:
Collier County entered into an $85,000 agreement with another County depmiment (Human
Services) to provide intake services. Human Services was paid a flat fee of either $687.50 or
$1,000 for each patient seen by the local physician network. These fees were paid without
any SuppOliing documentation as to the actual cost of Collier County's OWll Human Service
Department to complete these intake services.
Agreement with David L<<wrence Center (DLC):
The County entered into a $100,000 contract with DLC to provide urgent medical care atld
patient assistance services. The rates used for reimbursement did not adhere to the
documentation requirements (payroll reports) as described in the contractual agreement.
Instead, the rates used were based upon a contract between DLC and the Department of
Children & Families.
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Findine: 2006-9
Program income must be fully expended before entitlement funds are drawn fi'om the U.S.
Treasury.
The County received HOME program income for the first time in fiscal 2006. The fIrst two
program income payments received of $15,000 and $13,386 were not utilized prior to
drawing entitlement funds.
Findine: 2006-10
The County entered into an agreement with Big Cypress Housing Corporation for
development of affordable rental housing using $224,000 of HOME funds. The "Scope of
Work" per the contract states that funds were for the development and construction of four
single-family rental units to be used for homeless families.
HOME funds were not expended in accordatlce with the "scope of work" and were not used
solely for the four single-family rental units described above. mstead, the $224,000 was used
to acquire all of the land for Phase I of a development known as Eden Gardens. This land
will be used for the four single-family homes described above, as well as a 51-unit apartment
complex for income-eligible households.
Findinl!s 2006-11 and 2006-15
Compensation for personnel services rendered in conjunction with Federal awards must be
documented and supported as described in OMB Circular A-87.
Documentation of payroll allocations was not sufficient for the first four months of fiscal
2006. m addition, salary charges to the CDBG program for one part-time employee were not
supported by semi-annual celiifications or time sheets indicating she worked solely on CDBG
activities.
Findine: 2006-12
HOME regulations describe the provisions that must be in written agreements with a "for-
profit or nonprofit housing owner, sponsor or developer." One requirement is that the
agreement must provide for a means of enforcement of the affordable housing requirements
by liens, deed restrictions or covenants running with the land.
The contracts with Big Cypress Housing Corporation and CCHDC did not provide for
enforcement of the agreement, as described above, at the time funds were expended. We also
observed other requirements that were not included in the written agreements with these
developers.
Findinl! 2006-13
Revenue per the SHIP Annual Report was supported by detailed schedules, but was not
reconciled to the general ledger. There were substantial differences between the SHIP
Annual RepOli and the general ledger.
The County has a process in place to reconcile expenditures per the SHIP Annual Report to
expenditures in the general ledger. We noted, however, several differences that had not
identified by the Housing DepaIiment.
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Findine: 2006-14
SHIP funds must be encumbered (as defined) within 12 months from the end of the
applicable State fiscal year. SHIP funds must be expended within twenty-four months from
the end of the applicable State fiscal year. If funds are not encumbered or expended within
these periods, they may be reduced or recaptured by the State.
Per the SHIP annual report filed in September of 2006, funds totaling $1,771,569 from the
2004/05 program year were not encumbered, as required by the State of Florida.
* * * * *
I will be present at the Board of County Commissioners' meeting on March 13,2007 to answer
any questions or comments you may have regarding this report. Deanne Wilkins, who seniored
this engagement and performed most of the detailed work, will also be present.
Very truly yours,
KPMG LLP
~~~~{?
Partner
DMJ:pd
Attachment
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31 r3 (Or')
Attachment
Findings Associated With Federal Awards
Finding 2006-1
Federal Agency: U.S. Department of Housing and Urban Development
Programs: Community Development Block Grant (CDBG) and Home Investment Partnerships Program
(HOME)
CFDA numbers: 14.218, 14.239
Criteria:
HOME regulation S92.352 requires that the environmental effects of each activity carried out with HOME
funds be assessed in accordance with the provisions of 24 CFR Part 58 - "Environmental Review
Procedures for Entities Assuming HUD Environmental Review Responsibilities."
Completion of the environmental review process is mandatory before taking a physical action on a site, or
making a commitment or expenditure of HUD or non-HUD funds for propeliy acquisition, rehabilitation,
conversion, lease, repair or construction activities. (HUD Notice CPD-O 1-11)
The County must maintain a written record of the environmental review undertaken for each project
(known as the Environmental Review Record or ERR), which includes documentation described in 24
CFR S58.38.
Conditions:
At the time of our initial audit testwork in August 2006, an environmental review had not been perfonned
for the following HOME project:
· Collier County Housing Development Corporation - land acquired on December 19, 2005 using
$320,000 of HOME funds. This project was subject to a full environmental assessment in accordance
with 24 CFR 58.36.
At the time of our initial audit testwork in August 2006, environmental reviews had not been perfonned or
fully documented for the following CDBG projects:
· Immokalee Non-Profit Housing - contract to purchase and install air conditioning units for 40 income-
eligible homes. Items in 24 CFR S58.5 were not addressed for this "categorically excluded"
rehabilitation activity.
· Collier County Hunger & Homeless Coalition - contract to provide tenant-based rental assistance:
Items in 24 CFR S58.6 were not addressed for this "categorically excluded" activity.
· David Lawrence Center - contract to provide mental health services: Items in 24 CFR S58.6 were not
addressed for this "exempt" activity.
· Empowennent Alliance of Southwest Florida - contact to provide vocational training: There was no
documentation in the file to document this as an "exempt" activity. Additionally, items in 24 CFR
958.6 were not addressed.
Questioned Costs:
HOME: -Land acquisition costs of$320,000
-Developer fee of $7,500 associated with the land acquisition
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Attachment (cont.)
CDBG:
-Payments totaling $161,471 were made relating to the Immokalee Non-Profit Housing
contract prior to the County completing the ERR.
-Documentation issues on the other projects (which are not associated with development or
construction activities) are not considered to result in questioned costs.
Context/Effect:
We observed the ERR in conjunction with expenditure testwork. We noted exceptions in 4 of 10 projects in
the CDBG sample and in 1 of 17 projects in the H01v1E sample.
Recommendation:
The County has now completed an Environmental Review Record for each of the above projects.
Environmental reviews should be completed for each project prior to IDIS set-up and prior to expending
any grant funds. To ensure completion of environmental assessments, we recommend implementation of
oversight controls. After each ERR is completed, it should (1) be signed and dated by the appropriate staff
member and (2) be reviewed and approved by management. The approved ERR should then be forwarded
to the person responsible for IDIS set-up (to initiate this process) aJld subsequently placed in the
appropriate file. We recommend the County update its policies and procedures to document all controls
and processes associated with environmental reviews.
Management Response:
Collier County concurs with this finding and as indicated in the recommendation above has already
implemented additional environmental practices and procedures. Consequently, our positive completion of
all environmental reviews and implementation of additional practices ffild procedures has validated all
HUD eligible activities and any and all questioned costs associated with these aJld future projects.
Finding 2006-2
Federal Agency: U.S. Department of Housing and Urban Development
Program: Home fuvestment Partnerships Program (HOME)
CFDA number: 14.239
Criteria:
A Community Housing Development Organization (CHDO) is a private nonprofit community-based
service organization fonned for the purpose of developing affordable housing for the community it serves.
A CHDO is a specific type of nonprofit entity that must meet certain requirements pertaining to legal
status, organizational structure, capacity and experience. To qualify as a CHDO, a non-profit organization
must meet the criteria listed in the HOME regulations (92.2) aIld further described in HOD's "Building
HOME".
Background:
As of September 30, 2006, the County had certified the following 3 organizations as CHDOs:
Collier County Housing Development Corporation
· fuitial date of certification by the County: 2/06/06 (with an effective date of 12/08/05)
· Agreement associated with use of CHDO funds: The County entered into a contract on 12/14/05 to
provide $350,000 of HOME funds (including $115,000 of CHDO set-aside funds) for a mixed
income condominium development.
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Attachment (cont.)
Empowennent Alliance of Southwest Florida
· Initial date of certification by the County: 6/19/03
· Agreement associated with use of CHDO funds: The County entered into a contract on 10/03/04 to
provide $37,000 of CHDO operating funds and $224,000 of CHDO set-aside funds for construction
activity. The set-aside funds were never expended by EASF.
Big CyPress Housing Corporation
· Initial date of celiification by the County: 9/15/04
· Agreement associated with use of CHDO funds: The County entered into a contract on 7/26/05 to
provide $224,000 of CHDO set-aside funds. The funds are to be used for development and
construction of 4 single-family rental units for the homeless at Eden Gardens.
Conditions:
We noted the following with respect to documentation of the requirements to qualify as a CHDO:
Collier COWlty Housing Development Corporation (CCHDC)
· The "Building HOlvtE" guide states the following: "A CHDO must provide a fonnal process for
low income program beneficiaries to advise the CHDO on design, location of sites, development
and management of affordable housing. The process must be described in writing, and must be
included in the organization's by-laws or a board resolution."
CCHDC's formal process was not included in either the organization's by-laws or a board
resolution. As such, it does not appear that CCHDC met all of the CHDO criteria.
· Although the County ultimately determined that CCHDC met the criteria associated with low-
income board representation, documentation in the file did not initially support this conclusion. It
appears that the controls associated with CHDO certification were not working effectively.
· The County awarded $115,000 of CHDO funds to CCHDC on 12/14/05. The County did not
fonnally certify CCHDC as a CHDO, however, until 2/06/06. The celtificationletter indicated the
effective celtification to be 12/08/05.) As such, it appears the County awarded CHDO funds prior
to obtaining all necessary CHDO documentation.
Empowerment Alliance of Southwest Florida (EASF)
· The "Building HOlvtE" guide states the following: "A CHDO must provide a fonnal process for
low income program beneficiaries to advise the CHDO on design, location of sites, development
and management of affordable housing. The process must be described in writing, and must be
included in the organization's by-laws or a board resolution."
EASF's written process was not included in either the organization's by-laws or a board resolution.
As such, it does not appear that EASF met all of the CHDO criteria.
· There was no specific documentation in the files we observed addressing requirements associated
with "CHDO experience" and "CHDO capacity". The County indicated that EASF staff were well
known and respected in the community and had participated in projects in the Immokalee area. The
County also indicated that they relied on CHDO celiifications that EASF received fi'om Florida
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Attachment (cont.)
Housing Finance Corporation. Specific documentation addressing "CHDO experience" and
"CHDO capacity" is now on file.
Big Cypress Housing Corporation
· The "Building HOME" guide states the following with respect to CHDO capacity: "CIIDOs must
demonstrate the capacity of key staff to CatTY out the HOME-assisted activities they are plarming.
This means the CHDO must have (1) experienced staff who have successfully completed projects
similar to those proposed by the CHDO; or (2) key staff with limited or no experience, and who
will use experienced consultants for the planning and development activities, as long as there is a
plan in place for the consultant to train the key staff."
There is a written statement from Big Cypress that the organization has no employees. Although the
president of Big Cypress indicated employees of a related organization would act as "key" staff, this
does not appeat. to meet the "CHDO capacity" requirement as described above.
General
· A maximum of 1/3 of the board of a CHDO may consist of representatives of the public sector.
Each CHDO provided the County with annual lists of its board members, however these lists did
not identify members that would be considered "public sector". This infonnation was later provided
to the County, who determined that the maximum limits were not exceeded in any case.
Questioned Costs:
The types of expenditures described above are allowable under the HOME regulations. They cannot,
however, be classified as "CHDO" expenditures if the associated entity is not a properly docwnented
CHDO.
Context/Effect:
We observed documentation of CHDO requirements for each of the 3 entities that have been certified by
Collier County.
HOME funds designated for CHDOs can be de-obligated if commitment and expenditure requirements are
not met.
Recommendation:
We recommend fonnal policies and procedures with respect to CHDO certifications. The policies should
address initial CHDO certification as well as CHDO re-certifications, and require completion of an annual
checklist. For initial certifications, the County should have documentation to support each item on this
checklist. Documentation required for re-certifications should also be described. To ensure proper controls
are in place, we recommend coordination of CIIDO documentation by one individual and review and
approval by another.
Management Response:
Collier County Housing Development Corporation (CCHDC)--
Low Income Community Input: The by-laws of CCIIDC include a statement of compliance that
CCHDC would create a "process for low income community input." CCHDC did adopt by Board
motion a fonnal written process for low income community input. CCHDC's actions since its inception
have reinforced this policy. CCHDC has now adopted an official corporate resolution on January 11,
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Attachment (cont.)
2007 validating that their official policy of low income community input has been in existence since
creation of the organization.
Low income Board representation: As part of the County's CHDO Certification checklist process, low-
income board participation is verified by staff. CCHDC has always and continues to maintain their
required minimum number of low income board members.
CHDO Certification Date: The certification process for CCHDC occurred over approximately a 9 month
period. On December 8, 2005 county staff attended the Board meeting where the CCHDC adopted the
two remaining policy items, thus completing all of the HUD checklist requirements for their CHDO
certification status.
Empowerment Alliance of Southwest Florida (EASF)--
CHDO Low-income community input and CHDO Capacity: EASF has been a State of Florida certified
CHDO since 2002. The State guidelines for CHDO certification are identical to HUD guidelines.
Documentation of State CHDO approval is on file with Collier County. EASF has been operating in
Collier County since 2000 which substantiates their capacity and experience working in the low-income
community ofImmokalee.
Big Cypress Housing Corp -
CDHO Capacity and Staffmg: Big Cypress CHDO operates as a subsidiary of Everglades Community
Association. The staff of the orgatlization is allocated to the parent organization supporting the CHDO
and charges their time accordingly. Everglades Community Association operates 3 certified CHDOs
throughout Florida in Collier, Manatee, and Miami-Dade cOlmties utilizing the same staffing
relationships. Everglades Community Association and its subsidiaries have developed over 1,000 units
throughout Florida.
It is common practice for nonprofits to create new corporate entities for each new housing development.
As a result, staff remains on the parent corporation's payroll for administrative expediency. Big Cypress
retains the staff talent by absorbing the appropriate cost of their share of the parent corporation's payroll
cost.
Chapter 8 of Building HOME (page 8-11) specifically provides for alternative staffing plans that would
allow this staffing arrangement to satisfY the requirement for staff capacity and experience. Big Cypress
Housing Corporation developed and owns the 79-unit Main Street Village in Immokalee. In addition,
Steve Kirk, President and Executive Director received a national award fi'om the Housing Assistance
Council in Washington, DC in December 2006 for his efforts to develop housing for migrant fann
workers.
In essence, it is our opinion, that this CHDO meets the HOME requirements in substance over fornl.
General--
Collier County is confident that all three organizations have been appropriately celiified as Community
Housing Development Organizations (CHDOs) and that all expenditures are in compliance with HOD
HOME regulations. The HOD CHDO Certification checklist will continue to be used annually for re-
celiifying all organization seeking CHDO status in Collier County.
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Attachment (cont.)
Finding 2006-3
Federal Agency: U.S. Department of Housing and Urban Development
Program: Home fuvestment Partnerships Program (HOME)
CFDA number: 14.239
Criteria:
Within 24 months after HUD notifies the participating jurisdiction (PJ) of RUD's execution of the HOME
fuvestment Pminerships Agreement, the PJ must reserve not less than 15 percent of the HOME allocation
for investment only in housing to be developed, sponsored, or owned by CHDOs. (24 CFR 92.300(a))
This 15% allocation is referred to as "set-aside" funds.
The "Building HOME" guide states the following with respect to qualifying as a CHDO "developer": If the
CHDO does not own the property, it must be under a contractual obligation with the owner to obtain
financing and rehabilitate or construct the project. Under this scenario, the CHDO assumes all of the risks
and rewards associated with being the project developer. A written agreement between the CHDO and the
property owner must detail the CHDO's specific obligations.
Condition:
The County entered into a contract with CCHDC on December 14, 2005 to provide $350,000 of HOME
funds (including $115,000 of CHDO set-aside funds) for a mixed-income condominium development.
CCHDC is termed as a "sponsor" in the contractual agreement. The County has indicated, however, that it
believes CCHDC is fulfilling the capacity of a CHDO "developer" on this project.
Based upon the "Building HOME" guide and our review of the contract documents, it does not appear that
CCHDC met the conditions to be considered a "developer". CCHDC was not responsible for obtaining
project finaJlcing and is not assuming all risks/rewards associated with being the developer. Additionally,
CCHDC's specific obligations as a developer are only described in general terms in the joint venture
agreement.
Questioned costs:
Although expenditme of HOME funds in this manner is allowable, it would not fulfill the County's
requirement with respect to reserving 15% of its HOME allocation for CHDOs.
Context/Effect:
There was one other expenditure associated with CHDO "set-aside" funds 111 FY 2006. No similar
exceptions were noted in this case.
Recommendation:
We recommend thorough research and review of CHDO requirements prior to entering into a contractual
agreement. Additional review and approval procedures should be developed with respect to CHDO
expenditures to ensure that all conditions are met prior to release of any CHDO funds. We recommend
formal documentation of all CHDO requirements and controls.
Management Response:
Collier County reviewed HUD HOME mles and made the determination that the Collier County Housing
Development Corporation (CCHDC) was acting as a developer in the case of the Cirrus Pointe project. The
joint venture agreement between CCHDC and Jim Fields states that both parties are responsible for the
development of the project. This contractual agreement details the property owner and the CHDO's
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Attachment (cont.)
specific obligations to bring this project from conception to completion. "The parties desire to fonn a joint
venture for the development and sale of the parcel according to this agreement. The pmiies hereby create a
Joint Venture for the construction and sale of 108 residential condominium units on the parcel."
In addition, the CHDO will be involved in efforts to secure additional financing for this project and the
prequalification and sale of the affordable units. HUD encourages CHDO's to develop partnerships in
order to more successfhlly develop, construct, finance and sell affordable housing.
According to BUD regulations a CHDO is defined as a "Developer" when it "has a contractual obligation
to a property owner to develop a project." In addition, "In the Developer role, the CHDO carries out some
or all of the principal project development activities." (Building HOME pgs 8-12 and 8-15)
On January 16,2007, staff requested clarification from the Miami HUD office on this matter.
Finding 2006-4
Federal Agency: U.S. Department of Housing and Urban Development
Program: Home fuvestment Pminerships Program (HOME)
CFDA number: 14.239
Criteria:
HOME regulation S92.220(a)(l) states the following with respect to set-aside funds for Community
Development Housing Organizations (CHDOs): "The funds must be provided to a community housing
development organization, its subsidiary, or a partnership of which it or its subsidiary is the managing
general partner. If a CHDO owns the project in partnership, it or its wholly owned for-profit or non-profit
subsidiary must be the managing general partner. fu acting in any of the capacities specified, the
community housing development organization must have effective project control."
Background and Condition:
The County entered into all agreement with CCHDC on December 14, 2005 to provide the $320,000 of
HOME funds (including $115,000 of CHDO set-aside funds) for development of a mixed-income
condominium project and $30,000 of HOME funds to pay CCHDC a developer fee. The $320,000 was
expended on December 15, 2005 to acquire land and the initial payment of $7,500 of developer fees was
paid.
CCHDC entered into a joint venture (N) agreement with James Fields/CilTUs Pointe Partners (the
Venturer) on November 30,2005 to develop a multi-family condominium project. Thiliy-two units in this
project are to be sold to income-eligible homebuyers. CCHDC agreed to contribute $320,000 of HOME
funds to the project.
Based upon our review of the N agreement, CCHDC was not designated as the managing general partner
and did not have effective project control at the time HOME funds were expended. The Joint Venture
Agreement states, among other things, the following: The Venturer (as defmed above) "shall supervise and
direct the work related to the Project. Venturer shall be solely responsible for and have control over all
construction means, methods, techniques, sequences and procedures and for coordinating all portions of the
work under the contract documents." The N agreement also states that "a failure of the parties to agree on
any issue necessmy for successfully carrying out the N will result in submission of the question to
mediation."
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Attachment (cont.)
Questioned Costs:
None
Context/Effect:
The N agreement was mnended on September 30, 2006. Under this amendment, CCHDC was given
control over any disagreement relating to (1) "any change in the affordable housing units" or (2) "a change
in the character or concept of the project from what is contemplated by this agreement to the extent such
change would have a material adverse impact on the affordable housing units." Other disagreements on
"major transactions" would go to mediation. There were no changes in the atnendment with respect to the
Venturer's duties as described above or elsewhere in the original N agreement.
Recommendations:
We recommend the County review any future N agreements that are associated with CHDO set-aside
funds and ensure that the requirements described above are met prior to the expenditure of HOME funds.
Management Response:
Collier County will continue to review all joint venture (N) agreements as an integral part of its evaluation
of HOME CHDO projects and their compliance with HUD regulations.
Finding 2006-5
Federal Agency: U.S. Department of Housing and Urban Development
Program: Home fuvestment Partnerships Program (HOME)
CFDA number: 14.239
Criteria:
Requirements under the Uniform Relocation Act (URA) for a voluntary real property acquisition include
the following (1) infonn the propelty owner in writing that the power of eminent domain will not be used
to acquire the property if negotiations fail to result in an amicable agreement; (2) no specific site is
designated for acquisition; and (3) provide the property owner a written estimate of the fair market value of
the property before entering into a contract for sale. (49 CFR S24.1 01)
Condition:
One of the County's subrecipients (Big Cypress Housing Corporation) acquired a parcel of real property
with HOME funds totaling $224,000. The property owner was not provided the information required in
items (1) and (3) above by either the County or Big Cypress Housing Corporation.
The property acquired by Big Cypress was originally under contract with a third party (Beneficial) that Big
Cypress has identified as its "co-developer". Beneficial entered into this contract on 3/10/04 and assigned
the contract to Big Cypress on 3/30/04. A letter addressing eminent domain was sent to the seller by
Beneficial on 4/21/05. This letter indicated that Beneficial was interested in acquiring the property
(although it was already under contract) and did not give the seller the option to withdraw from the
contractual agreement.
Questioned Costs:
None
Context/Effect:
HOME funds were used to acquire one other property in FY 2006. We observed this acquisition and noted
no exceptions to the above criteria.
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Attachment (cont.)
Recommendation:
We recommend the County develop and utilize a checklist describing all documentation requirements for
real propelty acquisitions. Management level personnel should review and fonnally approve all significant
steps (as described on the checklist) in the property acquisition process. We also recommend sending any
future ORA letters via "certified" mail to document compliance with the above-noted requirements.
Management Response:
With regards to this land acquisition activity, the seller was delinquently notified of all URA requirements
by the co-developer of the project, Beneficial Communities. Collier County has implemented a project
checklist requiring management approval certifying URA requirements have been met by sub-recipients
prior to disbursement of funds.
Finding 2006-6
Federal Agency: U.S. Department of Housing and Urban Development
Program: Home Investment Partnerships Program (HOME)
CFDA number: 14.239
Criteria:
HOME regulation S92.209(a) states that "administration of tenant-based rental assistance (TBRA) is
eligible only under general management oversight and coordination at S92.207(a)." Administrative costs
under 24 CFR S92.207(a) are basically limited to 10% of HOME entitlement funds plus 10% of HOME
program income.
Condition:
TBRA administrative costs totaling $20,000 were paid to Collier County Housing Authority, however they
were not funded under S92.207(a) as required. These administrative costs were essentially drawn from
"project" funds instead of "administrative" funds.
Questioned Costs:
The County has now revised its IDIS draws and funded the TBRA administrative costs using non-grant
funds. As such, there are no questioned costs.
Context/Effect:
There were no other payments of TBRA administrative costs in FY 2006.
Recommendation:
As noted above, the County has already COlTected this error.
This was the first year the County utilized HOME funds for a TBRA program. In the future, we
recommend careful review of all HOME regulations and guidance when starting progratns/projects that are
new to the County.
Management Response:
Collier County has COlTected this situation.
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Attachment (cont.)
Finding 2006-7
Federal Agency: U.S. Depatiment of Housing and Urban Development
Program: Home fuvestment Partnerships Program (HOME)
CFDA number: 14.239
Criteria:
Each paIiicipating jurisdiction (PJ) must provide eligible matching contributions of 25 percent of HOME
funds drawn from the U.S. Treasury during the fiscal year (excluding certain draws relating to
administration and CHDOs). Match funds must be contributed pennanently to the HOME program and as
such, all repayment, interest or other return on investment must be deposited in the PJ's HOME account to
be used for HOME projects. Matching infonnation is provided annually to HUD on the HOME Match
Report, fonn HUD-401 07-A. (24 CPR 92.218-222 and S92.220(a)(1)).
Conditions:
The County utilizes the State Housing Initiatives Partnership (SHIP) program to fulfill "match"
requirements. We noted the following with respect to HOME match and the HOME Match Report:
· The County was not aware that SHIP loans used as "match" must be pemlanently contributed to the
HOME program and as such, did not have a control meChaIlism in place to detennine proper treatment
of "match" 10atl repayments.
· The "match contribution" per the HOME Match Report was not SUPPolied by a detail of specific match
loans.
· The "match" liability per the HOME Match Report appears to be incorrect. It should be calculated
using guidance in the HOME regulations and not taken from HUD's IDIS report.
Questioned Costs:
None. The County subsequently determined that no SHIP loans used as "match" have been repaid.
Context/Effect:
The SHIP program provides a significant source of "match" for the County and as such, the County should
not have any difficulty meeting the 25% HOME match requirement.
Recommendations:
We recommend the County detennine whether any loans used as "match" have been repaid. If this
situation has occillTed, the County needs to develop a plan to reimburse the HOME program (from the
SHIP program) for any such amounts.
We recommend the County develop detail policies and procedures with respect to HOME match and
provide training for all personnel involved in the HOME match process. As pali of this process, the County
needs to develop procedures to separately identify SHIP "match" loans and ensure repayment of these
loans is deposited into the HOME fuvestment Trust Fund local account. The County should revise and re-
file its 2006 match report with HUD, based upon the new procedures.
Management Response:
No HOME activities using SHIP match have been re-paid to Collier County. The situation described in the
recommendation has not occurred. Collier County will develop a detailed policy and procedure to handle
the re-payment of matched funds should the situation ever arise.
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Attachment (cont.)
Finding 2006-8
Federal Agency: U.S. DepaIiment of Housing atId Urban Development
Program: Community Development Block Grant (CDBG)
CFDA number: 14.218
Criteria:
Grant expenditures must be reasonable and suppOlied by adequate documentation. (OMB Circular A-l33)
Condition:
The COlUIty entered into two agreements with subrecipients to provide medical refelTals or medical
services. We noted the following with respect to these contracts:
Agreement with Collier County Human Services
Collier County entered into an $85,000 agreement with another County depatiment (Human Services)
to provide intake services. The purpose was to provide income-eligible residents of Collier County
with access to medical services with a local physician network. A minimum of 116 intakes were to be
completed. The contract stated that "reimbursement will be limited to and average $687.50, not to
exceed $1,000 per patient." The contract also included $5,000 to be used for prescription drugs.
Human Services was paid a flat fee of either $687.50 or $1,000 for each patient seen by the local
physician network. These fees were paid without any supPOliing documentation as to the actual cost of
Collier County's own Human Service Depmiment to complete these intake services.
Agreement with David Lawrence Center (DLC)
The County entered into a $100,000 contract with DLC to provide urgent medical care and patient
assistance services. The contract stated that payrolls would be required as suppOliing documentation to
obtain reimbursement for staff services. The rates actually used for reimbmsement were based upon a
contract between DLC and the Department of Children & Families (DCF). The rate used to reimburse
doctors was $340 per hour, which is much higher than the payroll data submitted by DLC (generally
showing rates < $100 per hom). As such, the rates used for reimbursement did not adhere to the
documentation requirements as described in the contractual agreement.
Questioned Costs:
Collier County Human Services: $80,000
David Lawrence Center: None - Although the reimbursement rates did not follow the contractual
agreement, they were supported by other documentation.
Context/Effect:
There were no other CDBG contracts relating to medical intakes or medical services.
Recommendations:
We recommend Collier County Human Services provide payroll and/or other documentation to suppOli the
cost of providing intake services. Any costs that cannot be supported by underlying documentation should
be returned to the CDBG program.
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Attachment (cont.)
We recOlmnend the County adhere to the payment and documentation standards established in its
contractual agreements. If changes are considered necessaty, the County and its subrecipient should amend
the appropriate sections of the agreement.
The County should carefully consider all documentation and monitoring requirements prior to entering into
subrecipient agreements for medical-related services and other "Public Services" (as defined by the CDBG
program). Such contracts often require significant oversight from both a programmatic and financial
management (documentation review) perspective.
Management Response:
All reimbursements made for these projects were made in accordance with the executed contracts.
Management continues to ensure that programmatic and fiscal controls are in place for all public service
projects and other CDBG eligible activities.
This Depmiment will request that another County Department review payroll records from Human
Services relative to this contract and make any necessary funding conections.
Finding 2006-9
Federal Agency: U.S. Department of Housing aI1d Urban Development
Program: Home fuvestment Partnerships Program (HOME)
CFDA number: 14.239
Criteria:
Progran1 income must be fully expended before entitlement funds are drawn from the U.S. TreasUlY.
Condition:
The County received HOI\1E program income for the first time in FY 2006. The first two program income
payments received of $15,000 and $13,386 were not utilized prior to drawing entitlement funds.
Questioned Costs:
None
Context/Effect:
The County only received one other program income payment in FY 2006, which was used prior to
drawing entitlement funds as required.
Recommendation:
The County utilized this program income prior to year-end and developed a process to incorporate program
income into its cash draw process. We recommend the County update its written policies and procedures
for cash draws to reflect the requirements associated with program income.
Management Response:
Collier County concurs with this fInding. Staff has developed policies and procedures to address this
situation as described by the auditor in the context/effect section above.
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Attachment (cont.)
Finding 2006-10
Federal Agency: U.S. Department of Housing and Urban Development
Program: Home fuvestment Partnerships Program (HOME)
CFDA number: 14.239
Criteria:
Grant expenditures must be reasonable atld supported by adequate documentation. (OMB Circular A-133)
HOME-assisted rentals units must meet affordability requirements for not less thaIl the applicable period
(as shown below), beginning after project completion. They must be imposed by deed restrictions,
covenants running with the land, or other mechanisms approved by HUD. Affordability requirements per
(24 CFR 92.252( e)) are as follows:
Rehabilitation or acquisition of existing housing (per unit amount of HOME funds):
Under $15,000
$15,000 to $40,000
Over $40,000 or rehabilitation involving refinancing
New constmction or acquisition of newly constructed housing
5 years
10 years
15 years
20 years
Condition:
The County entered into an agreement with Big Cypress Housing Corporation for development of
affordable rental housing using $224,000 of HOME funds. The "Scope of Work" per the contract (Article
III) states that funds were for the development and construction of 4 single-family rental units to be used
for homeless families.
HOME funds were not expended in accordance with the "scope of work" and were not used solely for the
4 single-family rental units described above. fustead, the $224,000 was used to acquire all of the land for
Phase I of a development known as Eden Gat'dens. This land will be used for the 4 single-family homes
described above, as well as a 51-unit apartment complex for income-eligible households. The "period of
affordability" requirements were attached only to the 4 single-family rental units, and not to the other 51
units, which were also assisted with HOME funds.
Questioned costs:
The cost of the land (currently unknown) associated with the 51-unit apartment complex.
Context/Effect:
There were no other HOME contracts in FY 2006 associated with development and construction of rental
housing.
There was one HOME contract in FY 2006 for development of a mixed-income condominium complex.
This contractual agreement with CCHDC states that expenditures must be made in accordance with the
project budget. The budget in CCHDC's grant application shows HOME funds will be expended on
architect/engineering, site improvements and infrastructure. Actual costs were used to acquire laIld.
Although land acquisition is an allowable use of HOME funds, specifications per the contract were not
followed.
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Attachment (cont.)
Recommendations:
Using reasonable allocation methods, we recommend the County detennine and document the amount/cost
of land associated with the 4 single-family units and the amount associated with the 51 apartment units.
The County should then either:
(1) require Big Cypress to retum the portion of HOME funds associated with the 51-unit apartment
complex; or
(2) amend its contractual agreement with Big Cypress to include the 51 units of rental housing and
impose the applicable "period of affordability" requirements for the HOME program.
We also recommend the County clearly describe the intended use of HOME funds in its contractual
agreements. The County should not approve and fund HOME expenditures that are not detailed in the
contract "scope of work".
Management Response:
Collier County has amended this contractual agreement effective March 2, 2007 to include the 51 units of
rental housing aIld the applicable period of affordability.
Finding 2006-11
Federal Agency: U.S. Department of Housing and Urban Development
PrograIns: Community Development Block Grant (CDBG) and Home Investment Patinerships Program
(HOME)
CFDAnumbers: 14.218,14.239
Criteria:
Compensation for personnel services rendered in conjunction with Federal awards must be documented
and supported as described in OMB Circular A-87. Where employees work on multiple activities, a
distribution of their salaries should be supported by personnel activity reports that meet the following
standards:
(a) Reflect an after-the-fact distribution of the actual activity of each employee,
(b) Account for the total activity for which each employee is compensated,
(c) Be prepared at least monthly and must coincide with one or more pay periods, and
(d) Be signed by the employee.
(e) Budget estimates determined before the services are performed do not qualifY as support for
charges but may be used for interim accounting purposes (as described in Circular A-87).
Conditions:
Documentation of payroll allocations was not sufficient for the first four months of FY 2006. Allocations
were based upon a 2-week time study conducted in July 2005. We observed the time study atld noted that
the results minored the allocation percentages used prior to it being perfonned. Additionally, no employee
time was charged to "general fund" activities (although this occuned) and some individuals charged all
time to the CDBG program even though they work on other grants. The level of documentation and detail
amongst employees participating in the time study varied greatly.
14
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~ :t IDE
~fr3/o"
Attachment (cont.)
We observed salary charges to the CDBG progratn for one part-time employee that were not supported by
semi-mlliual celiifications or time sheets indicating that she worked solely on CDBG activities.
Questioned Costs:
Unknown
Context/Effect:
The County did not meet the requirements of OMB Circular A-87, with respect to allocations of salaries
and related costs, for the ftrst four months of FY 2006. The County implemented a timesheet
documentation process later in the year and began using this process to document and allocate payroll
effective February of 2006. The County has now obtained celiifications from the part-time employee that
she worked solely on CDBG activities.
Recommendation:
We recommend the County continue utilizing the timesheet documentation process it developed in FY
2006.
Management Response:
Collier County will continue utilizing the timesheet documentation process developed in FY 2006.
Finding 2006-12
Federal Agency: U.S. Departn1ent of Housing and Urban Development
Programs: Home Investment Partnerships Progrmn (HOME)
CFDA numbers: 14.239
Criteria:
HOME regulation g92.504(3) describes the provisions that must be in written agreements with a "for-profit
or nonprofit housing owner, sponsor or developer". This regulation states, among other things, the
following:
Section (ii) Affordability: If the owner or developer is undertaking homeownership projects for sale to
homebuyers in accordance with g92.254(a), the agreement must set forth the resale or recapture
requirements which must be imposed on the housing.
Section (vii) Enforcement of the agreement: The agreement must provide for a means of enforcement of
the affordable housing requirements by the participating jurisdiction or the intended beneficiaries. This
means of enforcement may include liens on real property, deed restrictions or covenants running with the
land. The affordability requirements in g92.252 must be enforced by deed restriction."
Section (ix) Duration of the agreement: The agreement must specify the duration of the agreement. If the
housing assisted under this agreement is rental housing, the agreement must be in effect through the
affordability period required by the participating jurisdiction under g92.252. If the housing assisted under
this agreement is homeownership housing, the agreement must be in effect at least until completion of the
project and ownership by the low-income family.
15
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~*IDE
3{r~)c1l
Attachment (cont.)
Conditions:
We noted the following with respect to contractual agreements with nonprofit housing developers:
Big Cypress Housing Corporation
Section (vii):
The County entered into an agreement on 7/26/05 to provide $224,000 of HOME funds for
development of 4 single-family rental units for the homeless at Eden Gardens. The HOME funds were
fully expended on November 18, 2005, however there was no "enforcement of the agreement" as
described above. Per the County, the deed restrictions have now been drafted and forwarded to Big
Cypress for execution.
Section (ix):
The "duration of the agreement" is not specified, however HOME Agreement, Part II states that the
project will be monitored for 15 years. Because this is new construction, the duration of the agreement
(and monitoring) should be for 20 years. The County indicated that an amendment is in process to
extend monitoring to 20 years.
Collier County Housing Development Corporation (CCHDC)
Section (ii):
The HOME agreement (Part V, Sections D and E) states that CCHDC must comply with the
affordability requirements under 92.254. The agreement does not, however, specifically address the
resale or recapture provisions of 92.254(a).
Section (vii):
The County entered into an agreement on 12/14/05 to provide $350,000 of HOME funds for a mixed
income condominium development. HOME funds totaling $320,000 were expended on 12/19/05,
however there was no "enforcement of the agreement" as described above. A promissOlY note and
mortgage (including affordability requirements) were executed on November 2,2006.
General
We noted other provisions (as described in 992.504(3)) that were not specifically addressed in the
contractual agreements but per the County, were covered under an all encompassing statement that
requires compliance with 24 CFR.
Questioned Costs:
Unknown
Context/Effect:
There were no other contracts in FY 2006 associated with for-profit or nonprofit housing owners, sponsors
or developers.
Recommendation:
We recommend the County carefully review the language of all HOME contracts to ensure compliance
with 24 CFR 92.504. Written agreements should specifically address each provision as described in this
HOME regulation.
16
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~ *IOE.
'5/r3/0'1
Attachment (cont.)
Management Response:
Collier County will review all contractual agreements to ensure they comply with all requirements of 24
CFR including 92.504. Regarding the Big Cypress deed restrictions referenced above, the developer
requested an additional ChaIlge to reflect a revised legal description. This revision is in process and will be
completed in March 2007.
Findings Associated With State Awards
Finding 2006-13
State Agency: Department of Community Affairs
Progranl: State Housing Initiatives Partnership (SHIP) Program
CSFA number: 52.901
Criteria:
The County must submit an "Annual Report" or "Form SHIP-AR/99-1" to the Florida Housing Finance
Corporation by September 15 of each year. This is a report of its affordable housing programs and
accomplishments through June 30th of the year immediately preceding submittal of the report. The report
requires financial and patiicipant data to be compiled and presented in various manners.
Conditions:
We noted the following:
· Revenue per the SHIP Annual Report was supported by detail schedules, but was not reconciled to the
general ledger. There were substantial differences between the SHIP Annual Report and the general
ledger.
· The County has a process in place to reconcile expenditures per the SHIP Annual Report to
expenditures in the general ledger. We noted, however, several differences that had not identified by
the Housing Depmiment.
Questioned Costs:
None
Context/Effect:
The County did not have effective reconciliation controls in place with respect to reporiing. The County
has now, however, reconciled the SHIP Annual Report to the general ledger.
Recommendations:
Reconciliations of both revenue and expense (between the SHIP Annual Report and the general ledger)
should be formally documented, reviewed and approved. Policies and procedures should be written to
describe the entire reporting process, including reconciliation controls, the manner in which data is
compiled and the documentation to be maintained.
Mcmagement Response:
As indicated in the finding the reconciliation of the SHIP report and General Ledger has been completed
and are correct. The SHIP annual report submitted to the State was conect. A policy and procedure has
been implemented requiring reconciliations to be completed for the SHIP program on a monthly basis.
17
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~ ;:lOE.
3/(3./0'1
Attachment (cont.)
Finding 2006-14
State Agency: Department of Community Affairs
Program: State Housing Initiatives Partnership (SHIP) Program
CSF A number: 52.901
Criteria:
SHIP funds must be encumbered (as defined) within 12 months from the end of the applicable State fiscal
year. SHIP funds must be expended within twenty-four months from the end of the applicable State fiscal
year. If funds are not encumbered or expended within these periods, they may be reduced or recaptured by
the State.
Condition:
Per the SHIP annual report filed in September of 2006, funds totaling $1,771,569 from the 2004/05
program year were not encumbered, as required by the State of Florida.
Questioned Costs:
None
Context/Effect:
The County did not comply with SHIP requirements to encumber funds within 12 months.
Recommendations:
The County budgeted for increased SHIP activity in FY 2007 and believes that they will meet the
encumbrance and expenditure requirements as of June 30, 2007. The County periodically reviews the
expenditure and encumbrance levels of the SHIP program. We recommend written policies that address
this process and formal documentation of this control on a quarterly (or more frequent) basis.
Management Response:
Collier County agrees with this finding, however all 2004/05 SHIP nmds were not only encumbered but
also expended by December 31, 2006, six months prior to their statutory expenditure deadline. Collier
County has amended its LHAP to allow greater flexibility to encumber and expend all SHIP funds
consistent with statutory requirements. The State of Florida was notified of the situation prior to July 2006
and agreed to the County's plan to encumber and expend the SHIP funds in the fall of2006.
Finding 2005-15
State Agency: Depmiment of Community Affairs
Program: State Housing Initiatives Partnership (SHIP) Program
CSFA number: 52.901
Award numbers: N/A
Award years: 2003/04; 2004/05; 2005/06
Criteria:
Costs that benefit more than one funding stream must be allocated to the various grants benefited in a
reasonable and consistent manner. The methods used to allocate such costs should be documented and
supportable.
18
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~ #:(DE
'"b/r'3(o'1
, 1
Attachment (cont.)
Conditions:
Documentation of payroll allocations was not sufficient for the fIrst four months of FY 2006. Allocations
were based upon a 2-week time study conducted in July 2005. We observed the time study and noted that
the results mirrored the allocation percentages used prior to it being performed. Additionally, no employee
time was charged to "general fund" activities (although this occurred). The level of documentation and
detail atnongst employees participating in the time study varied greatly.
Questioned Costs:
Unknown
Context/Effect:
The County did not adequately document allocations of salaries and related costs for the first four months
of FY 2006. The County implemented a timesheet documentation process later in the year and began using
this process to document and allocate payroll effective February of 2006.
Recommendation:
We recommend the County continue utilizing the timesheet documentation process it developed in FY
2006.
Management Response:
Collier County will continue utilizing the timesheet documentation process developed in FY 2006.
19
Agenda Item No. 10F
March 13, 2007
Page 1 of 3
EXECUTIVE SUMMARY
Presentation to the Board of County Commissioners (BCC) by Mr. Greg Bello, a member
of the Goodland Preservation Coalition (GPC), pertaining to the Coalition's
recommended amendments to the Goodland Zoning Overlay (GZO) along with other
associated community data.
OBJECTIVE:
To have the BCC consider and provide direction concerning the recommended amendments to
the GZO and to consider other associated community data presented by Mr. Greg Bello of the
Goodland Preservation Coalition (GPC).
CONSIDERATIONS:
--
During the February 27, 2007 BCC meeting under Agenda item 6D, Public Petitions, Mr. Greg
Bello discussed the concerns and issues pertaining to residential redevelopment in Goodland. At
that time, he indicated that a survey of the property owners in Goodland would be conducted to
see if they wanted to amend the GZO as part of the Land Development Code (LDC) amendment
process. The purpose of the amendment is to add development standards to the GZO, which
would prevent the construction of residential dwellings (mega-homes) that are out of scale with
the rest of the community. The amendment would further protect the tropical fishing village
character of Goodland. The results of the survey and specific design standards would be
presented verbally to the BCC during their March 13th meeting.
Mr. Bello also indicated that the GPC will hold two or three community meetings to review the
proposed LDC amendment language prior to a final draft being presented to the BCC. The
purpose of presenting this proposed draft amendment to the BCC is to obtain additional
comment and direction prior to the GPC submitting the application and paying the applicable
fees, which are $3,000 for an LDC Amendment or for the BCC to direct staff to make the
proposed amendment.
FISCAL IMPACT:
As long as the request for direction is in compliance with the requirements of the Land
Development Code and the Growth Management Plan, there are no direct fiscal impacts to
Collier County. However, if the BCC directs staff to prepare and process the proposed LDC
amendment, then the required $3,000 application fee would come from Unincorporated General
Fund (111) reserves.
-
Agenda Item NO.1 OF
March 13, 2007
Page 2 of 3
GROWTH MANAGEMENT IMPACT:
There would appear to be no growth management impact associated with this Executive
Summary because the request is for procedural direction by the BCC for a proposed amendment
to the Land Development Code.
RECOMMENDATION:
That the BCC consider and provide direction to the Goodland Preservation Coalition concerning
their proposed amendment.
PREPARED BY:
Raymond V. Bellows, Zoning Manager
Department of Zoning & Land Development Review
Executive Summary for the 3/13/07 BCC Meeting
2
Mar 08 07 09:36a
vantastic tours
239-389-9173
~ :B&m No, lOF
~rcl-. t~) 2tb'1
p.1 p.zA
The Goocl/and Zoning Overlay Committee
PO Box 742
Goodland, FL. 34140
Committee Members:
Emilee Lalce - Chair Person - fi'ol11 Goodland Preservation Coalition
Greg Bellow - fJ-om Goodland Civic Association
Michael Higuera - trom Drop Anchor
Cleve Smith - 1'1'0111 Call1sa Island Village
Matt Finn - Member-At-Large
We. the members of the Goodland Zoning Overlay Committee, having been organized
by the Boards of Directors of the Goodland Civic Association and the Goodl,lIld
Preservation Coalition, present the following amendments to the Collier Co. Land
Development Code for your consideration and approval this] 3th day of March, 2007.
MOTION#I - To amend Table ]4 in section 4.02.22 oftbe Collier Co. Land
Development Code by adding the following design standards:
Maximum square footage under air: 3,500 square feet maximum.
Side Yard setback for combined lots: 15% of road frontage, per side.
MOTIO:.Jf.i2 - Tu amt:lld $cction 2.03.07 J by adc1~item 6 as follows:
milee Lake, Chair Person
~~
Matt F1I1n. rv'lelllber
~~~
'l)eve Smith, f'v1ember
J7 /!fueL ,,1M 7 ;7l/r &, dws -
~;lJ. ljiJlfl" rf/t/.LSt. (t- i!fW mmht s w-,,- /;"'1"".1.><. ;.
-\\] s: hml/' O?<- -;?fucA- 13,;2 0,; '1. -/0 ~ If e <! /$ fa"'t -t&.p ~
~ .ft;. 1./ at s ~1 _ 'f nt 7J7!Z;/ & w. A- 7G ,.Pr ~ /!~r.e. y tl'z,tr 4!J~~#~t'ds. ,;6
~ f4te / .8ee # U r /gt:c/ fr!P.~d I t.... ~ tf' J.?I rl/1l.. t'J' ~ k I iub at k
\~ .:iM'pjJ3yj- -;;~ ik ;?[Jt.zx o0tirv"1s ~f)11 k f;tUt,lkk/ ~ll /Jl~~/:I..)Ot17
6 Any property O\vner ,"vhose primary residence Or business is destrored by Iifl.:,
storm, wind, or noad will be entitled under this section to reconstruct said
primary residence or business, at his own cost and expense, in accordance with
site plans of record but subject to current l100d elevations. The property O\vner's
volunt<lIY destruction of his primary residence 01' business is not covered by this
sewon.~
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10F
March 13, 2007
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10F
Presentation to the Board of County Commissioners IBCC) by Mr Greg Bello. a member of
the Goodland Preservation Coalilion (GPC). perlalnl[lg to the Coalitions recommended
amendments to the Goodland Zoning Overlay (GZOj along with olller associated commun,ty
data.(Joseph K. Schmitt, Administrator Community Development and Environmental
Services Division)
3/1312007900:00 AM
Date
Prepared By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Zoning & Land Development Review
3/5/20073:07:23 PM
Approved By
Operations Analyst
Date
Constance A. Johnson
Community Development &
Environmental Services
Community Development &
Environmental Services Admin,
3/6120077:45 AM
Dnte
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
3/6/20078:02 AM
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
CommunIty Development &
Environmental Services Admin.
3/6/20078:53 AM
Date
Approved By
Marjorie M. StudentHStirting Assistant County Attorney
3/6/200711:15 AM
Approved By
County Attorney County Attorney Office
Joseph K. Schmitt
Community Development &
Environmental Ser.rices
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/6/2007 2: 12 PM
M icl1ael Smykowski
Date
Approved By
County Manager's Office
Management & Budget Director
Office of Management & Budget
3/6/2007 5:08 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
317/2007 9:43 AM
Agenda Ilem No. '10G
March 13, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve the Southwest Florida Consortium 2007 Legislative
Priorities which will be presented by participating Commissioners in the six-county
Consortium to their respective Legislative Delegation in meetings in Tallahassee on
March 22.
OBJECTIVE: To approve the Southwest Florida Consortium 2007 Legislative Priorities
which will be presented by participating Commissioners in the six-county Consortium-
including Collier, Lee, Sarasota, Charlotte, Hendry and Glades counties - to their
respective Legislative Delegation representatives in meetings in Tallahassee on March
22.
-
CONSIDERATION: To develop the Southwest Florida Consortium 2007 Legislative
Priorities, county and city staff from the six member counties and cities met in November
2006 in Lee County to address issues of common concern to our constituencies in
Southwest Florida in the 2007 Legislative Session. At that time, the Southwest Florida
Consortium 2007 Legislative Priorities list was developed, which was then refmed and is
now being brought to each member county's respective County Commission for
endorsement.
Upon approval, the slate of Southwest Florida Consortium 2007 Legislative Priorities
will be presented by participating County Commissioners to our representatives in the
Florida Legislature in meetings in Tallahassee on Thursday, March 22, which is the
Consortium's 2007 Legislative Day.
The Southwest Florida Legislative Consortium was formed several years ago with the
intent of unifying our efforts and strengthening our representation in Tallahassee on
issues of importance to our region.
F or the past several years the Southwest Florida Consortium members have traveled to
the State of Florida Capitol at the beginning of the Legislative Session to meet with state
legislators to present the Consortium's State Legislative Priorities. This year the trip is
scheduled for March 21-22 and Sarasota County is the host (draft agenda attached).
The below list was developed as a result of a joint meeting of the Consortium's county
and city managers/administrators held on November 16, 2006:
Southwest Floridll Consortium's 2007 Lel!islative Priorities
I. Property Tax Reform -Support F AC Position/Oppose unrestricted portability
-
Agenda Item No. 10d
March 13, 2007
Page 2 of 5
The Officers of the Florida Association of Counties (FAC), Florida School Boards
Association (FSBA), and the Florida League of Cities (FLC) acknowledge the need for
comprehensive reform of Florida's property tax structure. As an overriding goal of
reforming Florida's Property Tax Structure, the FAC, FSBA and FLC SUPPORT
solutions that improve equity and fairness among classes of taxpayers as well as
individual taxpayers. SUPPORT reasonable limits on the rate of property assessment
increases and OPPOSE caps on local government expenditures/revenues and
modifications to the Property Tax Structure that erode the existing tax base. (FAC
message may be refined to accommodate new legislative proposals including replacing
property tax on homesteaded properties with sales tax)
II. Transportation Funding
A. Gas Tax Indexing
The state, over 12 years ago, authorized that the state motor fuel tax be annually indexed
to the Consumer Price Index (CPI) to allow the purchasing power of the tax to be
maintained as costs increased over time. However, they did not provide for the same
indexing of the Local Option Gas Taxes imposed by the Counties. As such, the buying
power of the Local tax has decreased as costs have increased. As Counties struggle to
find new revenue sources and fend off unfunded State mandates it has become imperative
that Counties have every revenue resource available.
B. Support Mandatory Statewide Seatbelt law
C. Provide More State Funds for State Highways and Arterial Roads
III. Support Red Light running study - Cameras at intersections
IV . Support Additional Funding for Red Tide/Red Drift Algae (HB 535-Lake
Okeechobee and Estuary Protection Act) and SUPPORT State's proposed Fertilizer Rules
V. Affordable Housing-Lift the Cap on the Sadowski Fund
Legislation to Closely Monitor
. Growth Management Glitch bill (SB 360)
. Election of Water Management Governing Board Members (Collier/Lee)
. Construction Manager at Risk (Cape Coral) Legislation change to limit the amount of
payment and performance bonds required to that amount not covered by Surety bonds
provided by the construction subcontractors. Eliminates the need for the City to
purchase two levels of payment and performance bonds to cover the same work.
. Support changes in the law that Provide Sales Tax exemptions for certain vendors
producing services for municipalities (Cape Coral)
Agenda Item No.1 OG
March 13, 2007
Page 3 of 5
. Eminent Domain/Attorney's Fee's (Collier) Opposes a County being charged
exorbitant attorney's fees in eminent domain cases that are not proportionate to the
services provided.
The Board approved on November 14, 2006 the following list of priorities on behalf of
Collier County, most of which are also being addressed by the Consortiwn:
Collier Countv's 2007 State Leflislfltive Priorities:
. Growth Management Glitch Bill (SB 360)
. Water Bill
. Insurance
. Affordable Housing
. Attorney/Court Fees
. Portability of Homestead Property Assessments (Collier County
opposed)
. Partial- Year Assessments
. Transportation funding tied to seat belt use
. 311 funding
. Cameras at intersections to catch red-light runners
. Oppose any attempt to change impact fees
. Requesting Change in Florida Statutes to Elect Rather than Appoint
Florida Water Management District Governing Board Members
. Amend House Bill 7079 to give all counties the latitude to exempt
only portions of their county with unpaved roads from all-terrain
vehicle (ATV) use
. Address issues of concern in Consultants Competitive Negotiation Act
FISCAL IMPACT: There is no fiscal impact associated with this executive summary.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact
associated with this executive summary.
LEGAL CONSIDERATIONS: There are no legal considerations associated with this
executive summary.
RECOMMENDATION: That the Board of County Commissioners approves the
Southwest Florida Consortium 2007 Legislative Priorities which will be presented by
participating Commissioners in the six-county Consortium to their respective Legislative
Delegations in meetings in Tallahassee on March 22.
Prepared by Debbie Wight, Assistant to the County Manager
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10G
March 13, 2007
Page 4 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10G
Recommendation to approve the Southwest Florida Consortium 2007 Legislative Priorities
w~lich will be presented by participating Commissioners in the sixMcounty Consortium to their
respeclive Legislative Delegation in meetings in Tallahassee on March 22, 2007. (Debbie
Wight, Assistant to the County Manager)
3/13120079:00:00 AM
County Manager
Date
Approved By
James. V. Mudd
Board of County
Commissioners
County Manager's Office
3/7/20072:26 PM
Agenda Item NO.1 OG
March 13, 2007
Page 5 of 5
Southwest Florida Consortium Legislative Day
Thursday, March 22
Draft Agenda-March 22st
7:30 AM
Consortium Breakfast
(SWF Legislative Members
invited)
22nd Floor The Capitol
9:00 AM - 12:00 PM
Meetings with Legislative
Members in the Capitol**
12:00 PM --1:15 PM
Lunch
Andrews 228 Restaurant
1:15 PM--5:00 PM
Meetings with Legislative
Members in the Capitol**
**Meetings will be arranged with as many of the SWF Legislative members as possible.
Participants will be divided into groups to attend the meetings, which frequently will be held
simultaneously. A final agenda with exact times will not be available until the legislative week
calendars are released.
In addition, requests to the Senate President and House Speaker have also been issuedfor
them to address the SWF Consortium Legislative Day participants, as well as a few other state
leaders. These events will be scheduled so all participants can attend.
Prior Evening - Wednesday, March 21st
7:30 PM Dinner at the Governor's Club for those who indicate interest in attending. Each
County will be billed for its attendees.
Sarasota County will work with the other Counties and Cities for a head count of County and
City Elected Commissioners that will be attending SWF Consortium Day. Once the names are
obtained we will ask them to RSVP for each of the meals.
We look forward to seeing you at Southwest Florida Consortium Legislative Day!
Agenda Item No. 12A
March 13, 2007
Page 1 of 17
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners instruct staff to present a
proposed Ordinance for the Board's consideration at a future date consolidating
Ordinance No. 2005-55 (Collier County Code Enforcement Board and Public Nuisance
Abatement Ordinance), Ordinance No. 1997-35 (Collier County Code Enforcement
Citation Ordinance), and Ordinance 2004-46 (Collier County Code Enforcement Special
Master Ordinance), in order to simplify the Code Enforcement process, and establishing
affirmative defenses 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 consolidates the Collier County
Code Enforcement Board and Public Nuisance Abatement Ordinance, the Collier County Code
Enforcement Citation Ordinance, and the Collier County Code Enforcement Special Master
Ordinance, in order to simplify the Code Enforcement process, and which establishes
affirmative defenses to certain alleged code violations. The proposed draft Consolidated Code
Enforcement Ordinance is attached. No substantive changes to existing ordinances are
intended by this consolidation, with the following exceptions: (l) authorizing the Special
Magistrate(s) to adopt such rules and regulations as deemed necessary to carry out their duties
(subject to Board approval), which authorization is identical to that currently enjoyed by the
Code Enforcement Board; and (2) providing for county court de novo review of animal control
appeals, consistent with state animal control statutes and recent case law.
CONSIDERATIONS: By the authority vested by Chapter 125, Florida Statutes, and pursuant
to Chapter 162, Pali II, Florida Statutes, the Board of County Commissioners enacted
Ordinance No. 97-35, as amended "The Collier County Code Enforcement Citation Ordinance,"
which established a supplemental County code or ordinance enforcement procedure. Also,
pursuant to Chapter 162, Florida Statutes, the Board enacted Ordinance No. 2005-55, as
amended, "The Collier County Code Enforcement Board and Public Nuisance Abatement
Ordinance" and Ordinance No. 2004-46, as amended, "The Collier County Code Enforcement
Special Master Ordinance."
At the October 24-25, 2006 Meeting of the Board of County Commissioners, staff
presented a proposed amendment to "The Collier County Code Enforcement Citation
Ordinance" 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. The proposed
amendment 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
Agenda Item No. 12A
March 13, 2007
Page 2 of 17
governments normally bring enforcement proceedings to cause landowners to
correct existing conditions before they result in harm."
During the staff presentation, the Board commented on the proposed affirmative
defenses and also discussed the possibility of consolidating certain Code Enforcement
ordinances as a means of simplifying the Code Enforcement process without jeopardizing its
purpose or the safety and welfare of Collier County citizens. The Board then directed staff to
create a draft Consolidated Code Enforcement Ordinance which would merge the above-
referenced Code Enforcement ordinances and incorporate the Board's suggestions relating to
affirmative defenses to alleged code violations.
FISCAL IMP ACT: None.
GROWTH MANAGEMENT IMP ACT: 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 instruct staff to
present a proposed Ordinance for the Board's consideration at a future date which consolidates
the Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance, the
Collier County Code Enforcement Citation Ordinance, and the Collier County Code
Enforcement Special Master Ordinance, in order to simplify the Code Enforcement process,
and which establishes affIrmative defenses to certain alleged code violations.
PREPARED BY:
Jeffrey A. Klatzkow, Managing Assistant County Attorney
Jeff E. Wright, Assistant County Attorney
Agenda Item No. 12A
March 13, 2007
Page 3 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
12A
Meeting Date:
Recommendation that the Board of County Commissioners Instruct staff to present a
proposed Ordinance for the Boards consideration at a future date consolidating Ordinance
No. 2005-55 (Collier County Code Enforcement Board and Public NUisance Abatement
Ordinance), Ordinance No. 1997 ~35 (Collier County Code Enforcement Citation Ordinance),
and Ordinance 2004-46 (Collier County Code Enforcement Special Master Ordinance), in
order to simplify the Code Enforcement process and establishing affim1ative defenses to
certain alleged code violations
3/13/200790000 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
311120074:34 PM
Approved By
David C. Wei gel
County Atlomey
Date
County Attorney
County Attorney Office
3/2/2007 8: 57 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/2120074:16 PM
Agenda Item No. 12A
March 13, 2007
Page 4 of 17
COLLIER COUNTY
CONSOLIDA TED CODE ENFORCEMENT ORI>INANCE
ORDINANCE NO. 2007-___
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR TIlE
CON~OLIDA nON OF THREE EXISTING CODE ENFORCEMI<:NT
ORDINANCES, AS SPECIFIED HEREIN, INTO THIS SINGLE
ORDINANCE; ESTABLISHING AN AFFIRMATIVE DEFENSE TO
CERTAIN ALLEGED CODE VIOLA nONS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORI>INANCES; PROVIDING FOR REPEAL
OF THREE SPECIFIED ORDINANCES; ANI> 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 carryon 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 125.01(1)(t), Florida Statlltes, 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 Statllles, recognIze that the
enumeration of powers in Section 125.01 (l), 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 mle 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 duly enacted
Collier County Ordinance No. 1992-80, superseded by Ordinance No, 2005-55, known as "The
Collier County Code Enforcement Board and Public Nuisance Abatcment Ordinance;" and
\\'HEREAS, by the authority vested by Chapter] 25, Florida Sratutes, and pursuant to
Chapter 162, Part II, Florida Statutes, the Board enacted Collier County Ordinance No. 1997-35,
as anlended, known as the "Collier County Code Enforcement Citation Ordinance," which.
established a supplemental enforcement procedure with respect to cCltain codes and ordinances;
and
WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Govenullent Code
Enforcement Boards Act," the Board of County Commissioners of Collier County duly enacted
Collier County Ordinance No. 2004-46, known as the "Collier COlUlty Code Enforcement Special
Master Ordinance," which created a code enforcement special magistrate process as an additional
means for the enforcement of county codes and ordinances; and
\\'HEREAS, pursuant to Chapter 162, Florida Stalutes, "The Local Government Code
Enforcement Boards Act," the Board of County Commissioners has the authority to adopt, by a
vote of at least a majority plus one, an ordinance that gives code enforcement boards or special
rage j of 14
Agenda Item No. 12A
March 13, 2007
Page 5 of 17
magistrates, or both, authority to impose lines in excess of the fines provided In Section
162.09(2)( a); and
WHEREAS, the Board of County Commissioners of Collicr County wishes to consolidate
these three ordinances into one ordinance, thereby simplifying the Code Enforcement process; and
WHEREAS, the Board of County Commissioncrs, rccobrnizing that the primary mission of
code enforcement is to promote voluntary compliance with the Collier County Code of Laws and
Ordinances and the Collier County Land Development Code, desires to establish affi111lative
defenses to certain alleged code violations, which defenses shall not interfere with the primary
intent and purpose of this Ordinance, which is 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: Repeal of Ordinances.
On the effective date of this Ordinance, the following Collicr County Ordinances are
repealed and superseded in their entirety: Ordinance No, 2005-55, known as the Collier County
Code Enforcement Board and Public Nuisance Abatement Board Ordinance; Ordinance No. 2004-
46, known as the Collier County Code Enforcement Special Master Ordinance; and Ordinance No,
1997-35, as amended, known as the Collier County Code Enforcement Citation Ordinance,
SECTION TWO: Collier County hereby adopts an Ordinance that reads as follows:
ARTICLE I. General
Section 1. Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Consolidated
Code Enforcement Ordinance."
Section 2. Applicability.
The provisions of this Ordinance shall apply t.o, and be enforced in, the unincorporated
areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities
within Collier CotJl1t.y that agree, by resolution of the governing bodies of both the County and the
municipality, to have this Ordinance apply and be enforced in the municipality.
Section 3. I)urpose and Authority.
It is the intent of this Ordinance to promote, protect, and improve the health, safety, and
welfare of the citizens of Collier County by authorizing the creation of a Code Enforcement
Board, which may act as the Collier County Nuisance Abatement Board from time to time, and a
Special Magistrate, with authority to impose administrative fines and other noncriminal penalties;
and to provide a Code Enforcement Citation process for enforcement of County codes and
ordinances in County COUlt, all of which is intended to provide an equitable, expeditious,
effective, and inexpensive method of enforcing any codes and ordinances in force in Collier
County, where a pending or repeat violation exists.
Section 4. General Definitions and Abbreviations.
When used in this Ordinance, the following terms shall have the follo",(..ing meanings,
unless the context clearly indicates otherwise.
Codc Enforcement Officer means any authorized agent or employee of the County whose duty it is
to assure code and ordinance compliance.
Commission means the Board of County Commissioners; of Collier County, Florida.
Page 2 of 14
Agenda Item No. 12A
March 13, 2007
Page 6 of 17
E,!(orcemenl Board means the Collier County Code Enforcement Bom'd, which may act a~ the
Collier County Nuisance Abatement Board from time to time, and which is authorized to hear and
decide cases involving violations of any County codes and ordinances.
Notice to appear refers to a written order issued by a Code Enforcement Officer requiring a person
accllsed of violating the law to appear in a desif,'11ated eourt or government office at a specifJed
date and time. If a person refi1se~ to sign the notice to appear, the Code Enforcement Officer has
no authority to arre~t such person.
Order means a decision of the Enforcement Board or the Special Magistrate, whether stated orally
or reduced to writing,
Person meallS all ITtdividual, association, fiml, partnership. corporation. or other legal entity,
Prosecutor meallS anyone authorized to present cases before the Enforcement Board or Special
Magistrate, and shall include Code Enforcement Officers,
Pu.blic nuisallce means those nuisance~ as identifJed in either ~ 893,138 or ~ 823.05, Florida
Statutes, or other ~tatllte or ordinance ckclaring public nuisances,
Repeat violation shall mean a violation of a provision of a code or ordinance hy a person who has
been previously found through the Enforcement Board. Special Magistrate, or any other qU3si-
judicial or judicial process, to have violaled the same provision within five years prior to thc
violation, notwithstanding the fomler and present violations occurring at differcnt locations,
SecrctalY 10 the Enforcement Board, or SecrelaT)' to the Special Alagislrate, means the
administrative staff personnel responsihle for the preparation. development and coordination of all
administrative and case management services necessary for the proper functioning of the
Enforcement Board or Special Magistrate, as the case may be.
Special Magistrate is a person authorized by tbe Commission to hear and decide cases Involving
violations of any County codes and ordinances.
Viola/or means a person (the property owner. tenaIlt, or business cntity 011 the premises, or any
combination thereof) alleged or found to have violated <.lny code or ordinance of Collier County,
which an Enforcement Board or Special Magistrate has jurisdiction to enforce.
Section 5. Rules of Procedure.
Both an Enforcement Board and a Special Magistrate may adopt such rules and regulations ;:IS
deemed necessary 10 carry out their duties. consistent with the provisions of this Article and
Chapter 162, Florida Statutes, the Local GovemIncnt Code Enforcement Boards Act, subject to
approval by the Commission.
ARTICLE n. The Code Ellfon'ement Board and Nuisance Abatement Board
Section 1. There shall be one or morc Enforcement Boards \vhich shall, from time to time, also
function as the Collier Coullty Nuisance AI13temcnt Board, The Enfon;ement Board shall have
jurisdiction to hear and decide cases in which violations are alleged of allY provision of Collier
County codes or ordinances,
Section 2. The Enforcement Bo.ud shall be comprised of seven members and two aliernate
members appointed by the Comm.ission Members of the Enforcement Board shaH include,
whenever possible. an architect, a busine~sperson. an engineer. a general contractor, a
subcontractor, and a realtor.
Section 3. Each member of the Enforcement Board shall be a permanent resident of Collier
County and shall serve V':ithout compensation.
Section 4. Mcmbers may be reimbursed for such travel. mileage, ,md per diem e~.pe!lSes as may
be authorized, in advance, by the Commission.
Page 3 of 14
Agenda Item No. 12A
March 13, 2007
Page 7 of 17
Section 5. Terms of office shall be in accordance with Ordinance No. 2001-55, as it may he
amended.
Section' 6. Enforcement Board member attendance requirements, including failure to attend
meetings and removal from office, shall be governed by Ordinance No. 2001-55 or its successor
ordinance. The members shall serve at the pleasure ofthe Commission and may be suspended and
renioved for cause by a majority vote of the quorum of the Commission, If any member becomes a
candidate for publicly elected office, or becomes an employee of the County, his or her
membership will automatically terminate.
Section 7. An alternate member shall act only in the absence, or disqualification, of a regular
Enforcement Board member.
Section 8. Theinitial appointments to the Enforcement Board shall be as follows:
(1) Two members shall be appointed for a term of one year each;
(2) Three members shall be appointed for a term of two years each;
(3) Two members shall be appointed for a term of three years each;
(4) One alternate member shall be appointed for a tenn of two years and olle allernate member
shall be appointed for a term ofthree years.
(5) Thereafter, all appointments shall be made by the Commission for a tenn of three years,
(6) In the event any member's term, including that of any alternate member's term, expires during
the pendency of a case(s) which has not reached conclusion by a final vote, such member's expired
teml shall automatically be extended for the limited time and for the limited purpose of presiding
over such particular case(s) until conclusion and final vote and the time for rehearing has passed.
In the event a rehearing is granted, sueh member's term shall continue for the limited time and
limited purpose to rehear the matter and reach conclusion by final vote,
Section 9. Organization of tbe Enforcement Board.
(I) An Enforcement Board shall consist of a chairperson, a vice-chairperson, and such other
officers as the Enforcerm.'l1t Board shall deem necessary, after election to such position by the
regular voting Enforcement Board members,
(2) Officers of an Enforcement Board shall be elected by a majority vote of the membership at
the first meeting of the Enforcement Board, after the initial appointment of the membership and
annually thereafter,
(3) A minimum of four members of an Enforcement Board shall constitute a quorum. An
alternate member shall be considered as one of such members for quorum purposes.
(4) The Commission shall provide such clerical and administrative personnel and legal services
as may be reasonably required by an Enforcement Board for the proper performance of its duties.
(5) The Commission shall appoint either the Office of the Collier County Attorney or an attorney
who is a member of the Florida Bar, either residing or practicing in the County, to represent and
act as legal counsel to the Enforcement Board. and such person shall attend all meetings of the
Enforcement Board. If not the County Attorney, the appointed attorney shall be compensated as
provided by the Commission.
(6) The Enforcement Board shall be reviewed by the Commission. in accordance with Collier
County Ordinance No. 2001-55, as it may be amended.
ARTICLE III. Special Magistrate
Section]. Jurisdiction of Special Magistrates.
Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement
Board, and may also hold hearings on contested citations issued by but not limited to, the Collier
County Sheriffs office, the Collier County Code Enforcement Department, Domestic Animal
Services, and the Utility Billing and Customer Services Departments for violation of local codes
and ordinan.ces.
Section 2. Qualification, appointment, and removal of Special Magistrates. I
Appointment of a Special Magistrate shall be based on the following qualifications and ternlS:
(1) The Commission shall appoint as many Special Magistrates as deemed necessary.
(2) Special Magistrates shall at minimum, (a) be a graduate of a law school accredited by the
American Bar Association, (b) demonstrate knowledge of administrative law. land use law and
local government regulations and procedures, (c) be a member in good standing with the Florida
Bar, and (d) be either a certified mediator under the rules of the Florida Supreme Court, an
Page 4 of 14
Agenda Item No. 12A
March 13, 2007
Page 8 of 17
arbitrator qualified by a recognized Arbitration Association, or a fonner judge, and (e) meet other
such qualifications that may be established by resolution oflhe Commission.
(3) Special Magistrate appointment shall be for a two year tenn. Upon recommendation of the
Special Magistrate Review Board, any Special Magistrate may be reappointed at the discretion of
the Commission. There shall be no limit on the number of reappointments that may be given to
any Special Magistrate; provided a detennination for removal or reappointment is made for each
individual Special Magistrate at the end of each two-year tern!. The Commission shall have
authority to remove a Special Magistrate with or without cause upon ten days written notice.
(4) If any Special Magistrate resigns or is removed prior to expiration of his or her tenn or the
Review Board detemlines that the Special Magistrate should not be rcappointed, thc Review
Board shall make a recommendation for reappointment from the candidates previously
interviewed to fill the vacancy within 30 days.
Section 3. Establishment of a Special Magistrate Review Board.
The Commission shall create a Special Magistrate Review Board, comprised of two members of
the Code Enforcement Department; one member from the Office of the Collier County Attorney;
and two sitting members of the Code Enforcement Board. The dUly of the Review Board shall be
to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the
performance of the Special Magistrate(s) in order to recommend the removal or reappointment of
said Special Magisrrate(s) to the Commission.
ARTICI.E IV. Procl'dures Governing the Code Enforcement Board, Nuisance Abatement
Board, and the Special Magistrate
Section 1. Enforcement procedures.
Matters brought to the Enforcement Board not sitting as a Nuisance Abatement Board, or to the
Special Magistrate, shall be scheduled on the applicable agenda consistent with the following
procedures:
(I) Alleged violations of any code or ordinance may be tiled with the Code Enforcement
Department by citizens or those administrative officials who have the responsibilily of enforcing
the various codes and ordinances in force in Collier County.
(2) If a violation(s) of a code or ordinance is believed to exist, the Code Enforcement Officer
shall provide notice and specify a reasonable time to correct the violation(s). Notice shall be given
in writing and shall specify the alleged violation, the required corrective action and the time period
for correction.
(3) Should any violation continue beyond the time specified for correction, the Secretary to the
Enforcement Board or Special Magistrate shall give notice to the Violator that a hcaring will be
conducted concerning the alleged violalion(s) as notIced. The notice shall slate [he time and place
of the hearing, as well as the violation(s) which are alleged to exist.
(4) Tfthe violation is correcled and then reoccurs, or if the violation is not correcied by the time
specified for correction in the notice, the Code Enforcement Officer may either isslIe a citation or
schedule the case for hearing, and the nolice of hearing shall so state, If the Code Enforcement
Officer initiates the hearing process, the case may be brought for hearing even if the violation has
been corrected prior to hearing, and the notice of hearing shan so state.
(5) I [lhe Cude Enforcement Officer has rea !ion to believe a violation or the condition causing the
violation presents a serious threat to the public health, safety and welfare or if the violation is
ilTeparable or irreverslble in nature, the Code Enforcement Officer shall make a reasonable effort
to notify the Violator and may immediately notify tht, Enforcement Board or Special Magistrate
and request a hearing. Under such circumstances, the Code Enforcement Officer shall not be
required to adhere to the notice and time requirements 3S set forth above.
(6) If a repeat violation is found, the Code Enforcement Officer shall notify the Violator but is
not required to give the Violator reasonable lime to conect the violation, The Code Enforcement
Officer, upon notifying the Violator of a repeat violation, may request a hearing. The Code
Enforcement Department shall give notice to the Violator as set forth in this Ordinance. The case
may be brought for bearing even if the repeat violation has been corrected prior to hearing, and the
notice of hearing shall so state,
(7) If the owner of property which is subject to an Enforcement Board or Spccial Magistrate
proceeding transfers ownership of such property between the time the notice of violation was
served and the time of the hearing, such owner shall:
a. Disclose, in writing, the existence and the nature of the proceeding to the prospective
transferee;
b. Deliver to the prospective transferee a copy of the notices and other materials relating to the
code enforcement proceeding received by the Violator/transferor;
Page 5 of t4
Agenda Item No. 12A
March 13, 2007
Page 9 of 17
c. Disclose, in writing, to the prospective transferee that the new owner will he responsibJ.e for
compliance with the applicable code and with orders issued in the Enforcement Board or Special
Magistrate proceeding; and
d. File a notice with the Code Enforcement Department of the transfer of the property, with the
identity and address of the new owner and copies of the disclosures made to the new owner,
within five days after the date of the transfer.
A failure to make the disclosure described above and before the transfer creates a rebuttable
presumption of fraud. If the property is transferred before the hearing, the hearing shall not be
dismissed, but the new owner shall be provided a reasonable period oftime to correct the violation
before the hearing is held.
Section 2. Enforcement procedures before the Nuisance Abatement Board.
Matters brought to the Enforcement Board sitting as the Collier County Public Nuisance
Abatement Board shall be scheduled on a separate agenda in accordance with the following
procedures:
(1) Any employee, officer or resident of Collier County may make a complaint and request for
prosecution of public nuisances before the Public Nuisance Abatement Board, for public
nuisance(s) located within the area of Collier County as set forth in Article I, Section 2 of this
Ordinance. Said complaint shall be made with the Collier County Sheriffs Office if the complaint
involves criminal activity as the underl}~ng basis for the nuisance complaint. Any non-criminal
nuisance complaints shall be made with the CoHier County Code Enforcement Department.
(2) Upon the making of more than t,vo complaints within a six-month period on any particular
place or premises, the Collier County Code Enforcement Supervisor or his/her designee shall mail
written notice of such complaints by hand delivery or by certified mail, retum receipt requested, to
the owner of the place or premises complained of at the o'wner's address listed in the tax collector's
office of tax notices, Said notice shall provide for the owner of the place or premises to contact the
Collier County Code Enforcement Department within 14 days of receipt of the notice. This time
period shall be allowed for the pmpose of allowing the owner to tak.e such' good faith measures as
are appropriate to abate the nuisance. The Code Enforcement Department supervisor or his/her
desi gnee may extend the 14 days to allow the owner to initiate or continue actions to abate the
nuisance, provided that the actions taken are reasonable.
(3) In the event the owner fails to respond to the notice from the Collier County Code
Enforcement Department or fails to take reasonable action to abate the nuisance within the time
frames set forth above, the Secretary to the Enforcement Board shall schedule 'a hearing on the
complaint before the Nuisance Abatement Board. The Collier County Sheriffs Office shall
provide the Prosecutor with the results of its investigation of tbe complaint and also assist in
serving any notices required under this division. The Sheriffs Office shall also make available the
Sheriffs staff witnesses to appear before the Nuisance Abatement Board without need for
suhpoena,
(4) Written notice of a hearing before the Public Nuisance Abatement Board shall be provided by
the Secretary to the Enforcement Board hy certified mail, retum receipt requested, to the owner of
the place or premises and to the complainant at least ten calendar days prior to the scheduled
hearing. Said notice shall include:
a. A statement of1he time, place and nature oftbe hearing;
b. A statement ofthe legal authority and jurisdiction under which the hearing is to be held;
c. A reference to the particular sections of the statutes and ordinances involved; and
d. A short and plain statement summarizing the nuisance, which is the subject ofthe complaint.
Section 3. Subpoena procedures for Enforcement Board, Nuisance Abatement Board, and
Special Magistrate.
(l) Every subpoena for testimony before an Enforcement Board, Nuisance Abatement Board or
Special Magistrate shall be approved in advance of issuance by the Enforcement Board, Nuisance
Abatement Board or Special Magistrate, respectively. Each subpoena shall state the name of the
Enforcement Board, the title of the action, the case numb(~r of the action, the name and address of
the person to whom the subpoena is issued, and the time, place and location of the hearing at
which the person is directed to appear, and shall be prepared by the party requesting issuance.
(2) A subpoena for pwduction of documentary evidence may also be issLled to command the
person to whom it is directed to produce the books, papers, documents or tangible items
desigflated therein. The Enforcement Board, upon motion made timely and in any event at or
before the time specified in the subpoena for compliance therewith, may (1) quash or modify the
subpoena if it is unreasonable or oppressive, or (2) condition denial (If the motion upon the
advancement by the person on whose behalf the subpoena is issued of the reasonable cost of
producing the requested books, papers, documents or tangible items,
Page 6 of 14
Agenda Item No. 12A
March 13, 2007
Page 10 of 17
(3) A subpoena may be served by any person authorized by law to serve process or by any other
person who is not a party to the action and who is not less than 18 years of age. Proof of such
service shall be made by affidavit of the person making service if not served by an officer
authorized by law to do so. Proof of service shall be tiled with the Secretary of the Enforcement
Board, The party at whose request the service is made shall make payment of any service fee.
(4) Persons subpoenaed shall be entitled to a witness fee and mileage compensation as providcd
for in ~ 92.142, Florida Statutes. The cost of the witness fee and mileage compensation shall be
borne by the party at whose request the subpoena is issued and shall be paid to the witness at or
before the time of service of the subpoena,
Section 4. Conduct of bearing.
(l) Hearings relating to violations of local codes and ordinances shall be conducted in the
following manner whether being held by the Code Enforcement Board, Nuisance Abatement
Board or Special Magistrate:
(a) Upon request of the Code Enforcement Officer, or at such times as may be necessary, a
hearing before the Enforcement Board or Special J'vlagistrate may be convened.
(b) All hC:irings shall be open to the public and allY person whose interests may be affected by
the:: matter before the Enforcement Board shall be given an opportunity to be heard, Official
minutes of all hearings shall be kept.
(e) Healings may be informal and need not be conducted in accordance with tbe technical rules
relating to evidence and witnesses. They shall, however, be conducted in accordance with
accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due
process shan be observed and shall govem all hearings,
(d) At the hearing, the burden of proof shall be upon the Prosecutor to show by a preponderance
of the evidence that a vioJation(s) does exist and that the Violator committed, or was responsible
for maintaining or allowing the violation to continue,
(e) Where notice of the hearing has been provided to the Violator as provided for herein, a
hearing may be conducted and an order rendered even in the abscnce of the Violator.
(I) All testimony shall be under oath and shall be recorded by a certified court reporter and/or a
recording instrument. The Violator may cause the proceedings to be recorded by an independent
certified couli reporter.
(g) All relevant evidence shall be admitted if, in the opinion of the Enforcement Board or Special
Magistrate, it is the type of evidence upon which reasonable persons would nOITllally rely in the
conduct of business affairs, regardless of the existence of any common Jawor statutory rule ,,,,hich
might make sllch evidence inadmissible over objection in civil actions. Any part of the evidence
may be received in written form.
(h) Hearsay evidence may he accepted for the purpose of supplementing or explaining any direct
evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a
finding or decision.
(i) Eaeh party to the hearing shall have the nght to call and examine witnesses, introduce
exhibits, cross-examine opposing witnesses, impeach witnesses and rebut evidence, T'he Violator
may be represented by legal counsel at all hearings.
(i! At the conclusion of the hearing, an Order shall be issued, Orders shall be based on competent
and substantial evidence entered into the record, and must be based on a preponderance of the
evidence. The decision shall then be sent by regular First Class United States Mail, to the Violator
in the fonn of a written Onkr including findings of fact and conclusions of Jaw based on evidence
of record.
(k) Should an Enforcement Board or Special Magistrate be unable to issue a decision
immediately following any hearing because of questions of law or other matters of such nature
that a decision canno1 be immediately made, the Enforcement Board may withhold issuing its
decision until a subsequent meeting, and the Special Magistrate may withhold issuing his or her
decision for a period not exceeding thirty (30) days. in such a case, further disclIssion of the
pending matter 811d all deliberalions relating thereto by members of an Enforcement Board shall
occur at a puhlic meeting of the Enforcement Board. The Enforcement Board or Special
Magistrate shall thereafter issue its decision pursuant to subsection (] )(j) of this Section,
(1) A certified copy of such order may be recorded in the public records of Collier County and
shall constitute notice to any subsequent purchasers. successors in interest, or assigns as the
violation(s) concern(s) real property, and the findings therein shall be binding upon the Violator
and, if the violation(s) cOIlcern(s) real prupcrty, any subsequent purchasers, sllccessors in interest,
or assigns.
(m) If Collier County prevails in prosccuting a C2~,C before the Enforcement Board or Special
M,agistrate. it shall be entitled to recover aU costs incurred in prosecuting the case, including costs
incurred by the County in enforcing its codes and ordinances, and all costs of repairs incurred by
Page 7 of 14
Agenda Item No. 12A
March 13,2007
Page 11 of 17
the County. Whether and to what extent such costs are imposed shall be within the discretion of
the Enforcement Board or Special Magis1;rate, but shall not exceed the costs incurred.
(2) Special Additional Rules for Nuisal;ce Abatement Board. The Collier County Code
Enforcement Department shall present cases before the Nuisance Abatement Board. The Collier
County Sheriffs Office shall only be responsible for receiving and investigating complaints.
sharing said investigative information with the Code Enforcement Department, notifying the Code
Enforcement Department of the need to scheoule hearings. assisting Code Enforcement
Department staff in serving any notices required lU1der this Ordinance, and making available
investigative witnesses at Nuisance Abatement Board hearings, Where appropriate, the public may
be given an opportunity to present oral or written communications, in which event all parties shall
be given an opportunity to cross-examine, challenge, or rebut said material. After considering all
evidence, the Nuisance Abatement Board may declare the place or premises to be a public
nuisance, as defined by applicable County ordinances and Florida Statutes, and may enter an order
immediately prohibiting:
(a) The maintaining of a nuisance;
(b) The operating or maintaining of the place or premises, including the closure of the place or
premises or any part thereof;
(c) The conduct, operation or maintenance of any business or activity on tile premises 'which is
conducive to such nuisance.
An Order entered under subsection (b) shall expire after one year or at stich earlier time as stated
in the Order. The Nuisance Abatement Board may retain jurisdiction to modify its Orders prior to
the expiration of said Orders. The Nuisance Abatement Board or any other authorized pcrson,
may bring a complaint under S 60.05, Florida Statutes, seeking a permanent injunction agalllst any
public nuisance.
Section 5. Penalties before Enforcement Board and Special Magistrate.
(1) Upon a finding of violation, the Enforcement Board or Special Magistrate may order the
Violator to pay a rme which shall not exceed $1,000,00 per day per violatIon for each day the first
violation continues past the date set for compliance hy the Enforcement Board or Special
Magistrate; or in the case of a repeat violation, may order the repeat Violator to pay a fine which
shall not exceed $5,000.00 per day per violation for each day the repeat violation continues past
the date set for compliance by the Code Enforcement Board, or from the time the violation has
been repeated, and a hearing shall not he necessary for the issuance of the Order. If the
Enforcement Board or Special Magistrate finds a violation to be irreparable 'or irreversible in
nature, it may impose a fine not to exceed $15,000.00 per violation.
(2) In determining the amount of the fine, if any, the Enforcement Board or Special Magistrate,
as the case may be, shall consider the following factors:
(a) TIle gravity ofthe violation;
(b) Any actions taken by the Violator to eon-ect the violation; aod
(c) Any previous violations committed by the Violator.
(3) The Nuisance Abatement Board may order the Violator to pay a fine which shall not exceed
$250,00 per day for each day the first violation continues past the date set for compliance; or in
the case of a repeat Violator, may order tlle repeat Violator to pay a fine which shall not exceed
$500,00 per day.
(4) Where the Nuisance Abatement Board hears an administrative action, based on a stolen
property nuisance, against a property owner operating an establishment where multiple tenants, on
one site, conduct their own reta il business, the property owner shall not be subject to a lien against
his or her property or the prohibition of operation provision if the property owner cvicts the
business declared to be a nuisance within 90 days after notification by registered mail to the
property owner of a second stolen property conviction of the tenant. The total fines imposed
pursuant to the authority of ~ 893,138, Florida Statutes, shall not exceed $15,000.00.
(5) A certified copy of an Enforcement Board or Special Magistrate's Order imposing a fine may
be recorded in the public records and thereafter shall constitute a lien against the land on which the
violation occurred or exists, aJ ld upon any other real or personal property ovmed by the Violator;
and shall be superior to the interest on such parcel or property of any owner, lessee, tenant,
mortgagee, or other person exc(~pt the 1 ien of cmUlty taxes, a.'ld shall be coequal with county taxes
enforced in the same manner as a court judgment by the sheriffs of this state, including levy
against personal property, but sllall not bc deemed to be a court judgment except for enforcement
purposes. After three months from the tiling of any sllch lien which remains unpaid, the
enforcement board may authori7(~ the county attorney to foreclose on the lien or forward the lien
to a collection agency. No lien c!'l,:ated pursuant to this Section may be foreclosed on real property
that is a homestead under Article :'\, Section 4 ofthe Florida Constitution.
Page 8 of 14
Agenda Item No. 12A
March 13, 2007
Page 12 of 17
(6) No lien provided under this division shall continue for a period longer than 20 years after the
certified copy of an Order imposing a fine has been recorded, unless within that time an action to
foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the
lien effected by the commencement of tbe action shalInot be good against creditors or subsequent
purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.
Section 6. Costs for nuisance abatement cases.
In the event the Nuisance Abatement Board declares a place or premises to be a nuisance and
issues an order, the Nuisance Abatement Board shall assess against the owner of the place or
premises the costs which the county, its at/omey and/or the sheriffs office have incurred in the
preparation, investigation and presentation of the case. These costs shall be due and payable 20
days after the written order of the Nuisance Abatement Board has been filed in the public records.
A certified copy of an Order imposing costs may be recorded in the official records and thereafter
shall constitute a lien against the land on which the violation exists or, ifthe Violator does not own
the land, upon any other real or personal property owned by the Violator. Upon petition to the
circuit court, said order/lien may be enforced in the same manner as a court judgment except for
enforcement purposes. After one year from tbe filing of allY such lien, which remains unpaid,
Collier County may foreclose or otherwise execute on the lien with recovery of all costs, including
reasonable attorney fees, associated with the recording of the order and foreclosure. Interest shall
accrue on the unpaid costs at the legal rate of interest set forth in S 55.03, Florida Statutes, as said
statute may be amended, replaced, or superseded from time to time. No lien created pursuant to
the provisions of this Seetion may be foreclosed on real property that is a homestead under Aliicle
X, Section Four of the Florida Constitution,
Section 7. Rehearing of Enforcement Board or Special Magistrate ac1ion,
(I) A request for rehearing shall be made in writing. Either the Prosecutor or tbe Violator may
request a rehearing of the decision of an Enforcement Board or Special Magistrate. In the case of
Enforcement Board decisions, said requests shall be filed with thc Secretary to the Enforcement
Board. and in the case of Special Magistrate decisions, with the Secretary to the Special
Magistrate, within ten days of the date of receipt of the ,,,,ritlen Order of tbe Enforcement Board or
Special Magistrate, but in no event more than 20 days fTOm the date of mailing of the written
order. A request for rehearing shall be based only on the ground that the decision was contrary to
the evidence or that the hearing involved an error on a ruling of law, which \vas fundamental to the
decision of the Enforcement Board or Special Magistrate. The written request for rehearing shall
specify the precise reasons therefore.
(2) The Enforcement Board, or Special Magistrate, as the case may be, shall make a
determination whether to rehear the matter and its decision shall be made at a public meeting,
reduced to writing, and mailed to the interested parties within ten days after thc date thc decision
is made, If the Enforcement Board or Special Magistrate detemlines it will gran! a reheating, it
may either:
(a) Schedule a hearing where the pm1ies will be given the opportunity of presenting evidence or
argument limited by the Enforcement Board and Special Magistrate to the specific reasons for
which the rehearing was granted; or
(b) Modify or reverse the prior order, without receiving further evidence, provided that any
modification is ba<;ed 011 a finding that the prior decision of the Enforcement Board or Special
Magistrate resulted from a ruling 011 a question of law which the Enforcement Board or Special
Magistrate has been informed was an erroneous ruling,
(3) The Order of the Enlorcement Board or Special Magistrate shall be stayed and the time for
taking an appeal, pursuant to Section 8 below, shall not commence to nm until a request for
rehearing has been denied or otherwise disposed of and the virittcn decision has been received by
the interested parties; provided, however, tbat in no event shall the Order be stayed [or a period
longer than 20 days from the date of mailing of the rehearing decision.
Section 8, Appeals,
(I) With the exccption of violations of Ordinan.ce No, 72-8; Ordinance No, 74-9, as amended;
Ordinance No. 76-13; and Ordinance No. 93-56, as amended, as collectively codified in Chapter
14 of the County Code of Laws and Ordinances, any aggrieved par1y, including the Commission,
may challenge a final administrative order of an Enforcement Board or Special Magistrate to the
Collier County Circuit Court. Such challenge shall not be a hearing de novo but shall be limited to
appellate review of the record created before the Enforcement Board or Special Magistrate. Any
appeal shall be tlkd \vithin 30 days of the execution oftllc Order to be appealed.
(2) For violations of Ordinance No. 72-8; Ordinance No, 74-9, as amended; Ordinance No. 76-13;
amI Ordinance No. 93-56,8.0; amended, as collectively codified in C'hapter 14 of the County Code
Page 9 01']4
Agenda Item No. 12A
March 13, 2007
Page 13 of 17
of Laws and Ordinances, any aggrieved party, including the Commission, may seek to overturn
the Order by making application to the County Court for a trial de novo on the merits within 30
days of the execution of U1C Order to be appealed. These requirements for appeal are
jurisdictional.
(3) In the event that a party to the proceedings before an Enforcement Board or Special
Magistrate should elect to appeal, a verbatim record of the proceedings may be required or may be
desirable. It shall be the sole responsibility of the alleged Violator to ensure that a record is made
which includes the testimony upon which an appeal may be taken. Collier County, an
Enforcement Board, and the Special Magistrate shall not have responsibility to provide a verbatim
transcript of the proceedings.
Section 9. Notices.
(I) All notices required by this Ordinance shall be provided to the alleged Violator by:
(a) Certified mail, return receipt requested, provided if such notice is sent to the owner of the
property in question at the address listed in the tax collector's offices for tax notices, and at any
other address provided to the local government by such owner and is retul11ed as unclaimed or
refused, notice may be provided by posting as described below, and by first class mail directed to
the addresses furnished to the local goverruncnt with a properly executed proof of mailing or
affidavit confirming the first class mailing;
(h) Hand-delivery by the sheriff or other law enforcement officer, Code Enforcement Officer, or
other person designated by the Commission;
(c) Leaving the notice at the Violator's usual place of residence with any person residing therein
who is above 15 years of age and infoTIning such person of the contents of the notice; or
Cd) In the case of commercial premises, leaving the notice with the manager or other person in
charge.
(2) In addition to providi11g notice as set forth in subsection (1) above, at the option of the
Enforcement Board or Special Magistrate. notice may also be served by publication or posting, as
follows:
(a) Such notice shall be published once during each week for [our consecutive weeks (four
publications being sufficient) in a newspaper of general circulation in Collier County. The
newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for
legal and official advertisements.
(b) Proof of publication shall be made as provided in SS 50.041 and 50.051, Florida Statutes.
(3) In lieu of publication as described in subsection (2) of this Section, such notice may be posted
at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the
notice, in at least two locations, one of which shall be the property upon which the violation is
alleged to exist and tile other of which shall be at or near the front door of the Collier County
Courthouse.
(4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall
include a copy of the notice posted and the date and places of posting.
(5) Notice by publication or posting may nm concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by mail as required under subsection (I) of this
Section.
(6) Evidence that an attempt has been made to hand deliver or mail notice as provided in
subsection (1) of this Section, together with proof of publication or posting, sllall be sufficient to
show that the notice requirements of this Section have been met, without regard to whether or not
the Violator actually received such notice.
(7) Proper notice may be assumed when a notice of violation and/or hearing has been mailed to,
and accepted by, the Violator or his or her agent or other person in the household or business, or
where a Code Enforcement Officer. under oath testifies that he/she did hand-deliver the notice to
the Violator.
ARTICLE V. Code Enforcement Citation Regulations
Section 1. Purpose and Autbority,
It is the intent of this Article to promote, protect, and improve the health, safety, and welfare of the
citizens of Collier County by providing a supplemental means of enforcing County ordinances by
creating an option for the issuance of civil citations for adjudication of ordinances in Collier
County Court. The authority for this Article is Chapter 162, Florida Statutes, Part II.
Section 2. Designation of certain county employees as code enforcement officers and
authorization to issue citations and notices to appear.
Page 10 of 14
Agenda Item No. 12A
March 13, 2007
Page 14 of 17
(1) Subject to the successful completion of required training, the following county employees or
agents are hereby designated as code enforcement officers with authorization to issue citations and
notices to appear as an additional and supplemental means of obtaining compliance with county
codes and ordinances: law enforcement officers; code enforcement director; code enforcement
supervisors; code enforcement investigators; and code enforcement compliance investigator for
revenue services.
(2) Designation as a code enforcement officer with authorization to issue citations and notices to
appear does not provide the designated code enforcement officer with the power of arrest or
subject the code enforcement officer to the provisions of ~S 943.085-943.255, Florida Statutes.
Section 3. Training of designated code enforcement officers to issue citations and notices to
appear.
The training of designated code enforcement officers for issuing citations/notices to appear shall
be implemented by the Collier County Code Enforcement and Human Resources Departments,
which shall maintain in their respective dcpartment files a written procedure as to the necessary
training requirements. Topics in the training shall include, but are not limited to, the lolJowing:
(1) 171e citation and notice to appear.
a. l<\.pplicable laws and enabling legislation.
b. Purpose of citation and notice to appear procedmcs.
c. Powers and limitations of citation and notice to appear procedures.
(2) Responsibilities of the code officer.
a. Enforcement policies.
I. ~Then to use citation and notice to appear power.
2. Warnings.
(3) issuing citation and notice to appear.
a. Form of citation and notice to appear.
b. Applicable laws.
c. Warning notice required.
d. Court data.
e. Practice writing citations and notices to appear.
(4) Signature of code Violator and/or refusal to sign.
a. What to do to obtain signature.
b. Procedure for refusal to sign.
c. How to obtain sheriffs assistance.
d. Emergency contact procedures.
(5) Public call/act.
a. How to handle difficult situations.
b. Angry people.
(6) Sworn statements.
(7) Keepingfiles.
a. Documentation and building a case.
b. What to do with files for court action.
(8) Court room procedures.
a. Appearance.
b. Demeanor.
c. Testimony.
d. Judges.
Section 4. Powers and duties of designated Code Enforcement Officers.
(I) It shall be the duty of those persons designated in this Article, who have successfully
completed the required training, to issue a citation(s) or notice(s) to appear to a person(s) when,
based upon personal investigation, the Code Enforcement Officer has reasonable cause to believe
that the person(s) has (have) committed a civil infraction in violation of any duly enacted county
codes or ordinances.
(2) As may otherwise be permitted by law, all Collier COlmty codes and ordinances may be
enforced by the procedures set forth in this Article. ,
Section 5. Civil infraction.
A violation of any codes or ordinance for which a citation/notice to appear is issued, under the
authority provided herein, is a civil infraction subject to the enforcement procedures set forth in
this article and any other applicable enforcement procedure set forth in any other county code or
ordinance, and in Florida Statutes. Said civil infraction shall carry a maximum civil penalty not to
exceed $500.00. A civil penalty of less than the maximum civil penalty may apply if the person
Page II of 14
Agenda Item No. 12A
March 13, 2007
Page 15 of 17
who has committed the civil infraction does not contest the citation. Each violation of a code or
ordinance shall be a separate civil infraction. Each day each violation shall continue beyond the
time period for correction stated in the written warning notice, citation or notice to appear, shall be
deemed to constitute a separate civil infraction.
Section 6. Citation aDd notice to appear procedures.
(1) Prior to issuing a citation or a notice to appear, a Code Enforcement Officer .5hall provide
written notice to the person that the person has committed a violation of a code or ordinance and
shall establish a reasonable time period within which the person must correct the violation. Such
time period shall be no more than 30 days if a citation is issued. Such time period shall be no
fewer than five days and no more than 30 days if a notice to appear is issued. If, upon personal
investigation, a Code Enforcement Officer finds that the person has not corrected the violation
within the time period, a Code Enforcement Officer may issue a citation or a notice to appear to
the person who has committed the violation. A Code Enforcement Officer does not have to
provide the person with a reasonable time period to correct the violation prior to issuing a citation
or notice to appear, and may immediately issue a citation or notice to appear if a repeat violation is
found or if the Code Enforcement Officer has reason to believe that the violation presents a
serious threat to the public health, safety or welfare, or if the violation is irreparable or
in'eversible.
(2) Written waming notices, if applicable, and citations and notices to appear shall be provided to
the Violator by certified mail, return receipt requested, or by hand-delivery by the Code
Enforcement Officer, sheriff, or other law enforcement officer. Issuance of a written warning
notice or citation or notice to appear to a business may be accomplished by leaving a copy at the
business, during regular business hours, with any employee and informing the employee of the
contents or by certified mail, return receipt requested. Each employee of the business shall be
deemed to be an agent of the business for service of waming notices, citations, and notices to
appear; said warning notices, citations, and notices to appear may also be served on the registered
agent for the business.
(3) After issuing a citation or notice to appear to the Violator, the Code Enforcement Officer
shall deposit the original citation or notice to appear and two copies of the citation or notice to
appear with the county court.
(4) Upon issuance of a citation or notice to appear, the following options apply:
(a) A person who elects not to contest the citation or notice to appear may pay the civil penalty as
set out herein within 30 days from issuance of the citation or notice to appear; or'
(b) The person cited may contest the citation or notice to appear in county court. In such cases
where a person wishes to contest the citation or notice to appear, the person must request, in
writing, a court date from the clerk of courts within 30 days of issuance of the citation or notice to
appear.
(5) A person who fails to pay the civil penalty within the established period of time, fails to
request a court date, and/or fails to timely contest the citation or notice to appear shall be deemed
to have waived his or her right to contest the citation or notice to appear and, in such case,
judgment shall be entered against the person for the amount of the maximum civil penalty
$500.00.
(6) In the event a civil judgment is entered against a person pursuant to the provisions of this
article, the county may record a certitied copy of said judgment in the official records of the
county. If a person pays the civil penalty [or which a civil judgment has been recorded, the clerk
of courts shall notify the Collier County Code Enforcement Department when the judgment has
been paid. Upon receipt of written verification of payment from the clerk of courts, the Director of
the Code Enforcement Department, or authorized delegate, shall prepare, execute and record a
satisfaction of judgment in the Official Records of Collier County.
(7) The provisions of this Article are an additional and supplemental means of enforcing county
codes and ordinances and may be used for the enforcement of all applicable county codes or
ordinances as may be permitted by law. Nothing contained ill this Article shall prohibit the county
from enforcing its codes and ordinances by any other civil, administrative and/or criminal means.
(8) The provisions of this Section shall not apply to enforcement, pursuant to ~~ 553.79 and
553.80, Florida Statutes, of the Building Codes adopted pursuant to {i 553.73, Florida Statutes, as
they apply to construction; provided that a building permit is either not required, or has been
issued by the county or a municipality. For the purpose of this subsection, "building codes" means
only those codes adopted pursuant to ~ 553.73, Florida Statutes.
Section 7. .Form of citations and notices to appear.
The citation and notice to appear forms to be issued by the Code Enforcement Officers designated
herein shal1 be in a form prescribed by the county and shall contain:
Page 12 of 14
Agenda Item No. 12A
March 13, 2007
Page 16 of 17
(1) The date and lime of issuance.
(2) The name and address of the person to whom the citation is issued.
(3) TIle date and time the civil infraction was committed.
(4) The fads constituting reasonable cause.
(5) The number or section of the code or ordinance violated.
(6) The name and authority of the code enforcement officer.
(7) The procedure for the person to follow in order to pay the civil penalty or to contest the
citation or notice to appear in county court.
(8) The applicable potential civil penalty if the person elects to contest the citation or notice to
appear.
(9) The applicable civil penalty if the person elects not to contest the citation or notice to appear.
(10) A conspicuous statement that, if the person fails to pay the civil penalty within the time
allowed, and/or fails to request a hearing date and/or appear in county court to timely contest the
citation or notice to appear, such person shall be deemed to have waived the right to contest the
citation or notice to appear and that, in such case, judgment shall be entered by the clerk of comis
against the person for the amount ofthe maximum civil penalty of$500.00.
Section 8. Establishing a schedule of violations, options and penalties, regarding citations
and notices to appear.
(1) The Commission hereby establishes a schedule of violations and penalties to be assessed by
Code Enforcement Officers for those codes and ordinances enforced pursuant to this Article.
(2) Schedule of violations and penalties: For uncontested violations cited under this Article, the
following schedule of civil penalties is imposed for the conesponding offense; first offensc
$105.00, second offense $255.00, and third or more offense $405.00.
(3) The following options are available to a person who has been issucd a citation or notice to
appear in accordance with this Article:
(a) If a person elects not to contest a citation or notice to appear, the person may pay the
appropriate civil penalty, as set forth above in this article, within 30 days from issuance of the
citation or notice to appear to the clerk of the circuit court.
(b) If a person elects to contest a citation or notice to appear in county court and, after trial before
the county court, is adjudicated to have committed a violation, a civil penalty not to exceed
$500.00 shaH be imposed by the county court. The county judge may also order the Violator to
correct the violation within a time certain and as may be specified. Court costs, legislative
assessments, and costs of prosecution, all as provided [or by law, shall be assessed by the county
court.
(4) If a person fails to pay the civil penalty specified by the schedule ofpenaHics within the time
allowed, or fails to request a hearing or fails to appear in COWlty court to contest the citation or
notice to appear. the Violator shall be deemed to have waived the right to contest the citation or
notice to appear and judgment shall be entered against the person in an amount up to the
maximum civil penalty of $500.00 per violation, but not less than the amount of the penalty set
forth in the schedule for uncontested violations.
(5) Any person who willfully refuses to sign and accept a cltation issued by a designated Code
Enforcement OfIicer shall be guilty of a misdemeanor of the second degree, punishable as
provided in ~ 775.082 or 9775.083, Florida Statutes.
(6) Unless otherwise required by law, all monies required to be paid for civil penalties, or as may
otherwise be awarded by the county court, pursuant to this ordinance will be distributed as
follows:
(a) The first $5.00 of any fine or order of the court will be retained by the clerk of courts, and;
(b) All other monies paid by, and collected from, violations will be remitted to the Collier
County Code Enforcement Department.
ARTICLE VI. Affirmative Defense
Section 1. Affirmative defenses to alleged code violations.
It shall be a complete defense to any Enforcement Board or Special Magistrate 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 Q be oblained prior to April 1, 1997, and the person
charged with such alleged failure demonstrates by a preponderance of the evidence that the \vork
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.
Page 13 of 14
Agenda Item No. 1'2A
March 13, 2007
Page 17 of 17
SECTION THREE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County, the more
restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application
thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body
with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and
their application shall not be affected thereby.
SECTION FOUR: 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
other appropriate word.
SECTION FIVE:
Effective Date.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day 2007.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
, Deputy Clerk
By:
By:
JAMES COLETTA, Chairman
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Managing Assistant County Attorney
Page t4 of 14
Agenda Item No. 12B
March 13, 2007
Page 1 of 6
,,-."
EXECUTIVE SUMMARY
Board Consideration of Amendment Provisions to Collier
County Ordinance No. 79-8, as Amended, the Collier County
Vessel Control Ordinance; by Amending Section Five, Speed
Limit in Certain Areas, to Establish the Speed Zones in Naples
Bay and to Direct Staff to Prepare a Waterway Permit
Application.
OBJECTIVE: First, that the Board of County Commissioners consider the adoption of an
amendment to Collier County Ordinance No. 79-8, as amended, to establish speed zones in
Naples Bay and surrounding waters.
Second, for the Board of County Commissioners to direct staff to prepare a Waterway Permit
Application to the Florida Fish and Wildlife Conservation Commission (FWC).
CONSIDERATIONS: On February 13, 1979, the Board of County Commissioners adopted
Ordinance No. 79-8, establishing the Collier County Vessel Control Ordinance. The ordinance
regulates speed limits in certain areas of unincorporated Collier County.
-
Naples Bay is a water body located within the boundaries of Collier County and the City of
Naples. Collier County has concurrent jurisdiction over Naples Bay and is authorized to
establish and administer programs of . . . navigation. . . and to cooperate with governmental
agencies and private enterprise in the development and operation of such programs.
For the purpose of promoting and protecting public safety and welfare, and the protection of
persons and property, it is necessary and advisable to control vessel speeds in the waters located
within Collier County, including without limitation, Naples Bay and its approaches and
surrounding waters. An amendment to Ordinance No. 79-8, as amended, would allow the
County to establish speed zones in Naples Bay. The proposed amendment is attached.
The Waterway Permit Application may only be submitted to the FWC following adoption of a
local ordinance establishing the proposed speed zones. The Application is very fact specific and
will require significant staff time to identify and mark the locations for the speed zone markers.
Additionally, staff will need to coordinate with other governmental agencies regarding
ownership and posting rights on existing pilings. Finally, the Application requires a process with
the FWC. In fact, it took approximately five months for the City of Naples to receive the FWC
Notice of Intent to issue the permit.
.--
LEGAL CONSIDERATIONS: It should be noted, that Article VIII, section l(t), of the
Florida Constitution provides that "[t]he Board of County Commissioners of a county not
operating under a charter may enact, in a manner prescribed by general law, county ordinances
not inconsistent with general or special law, but an ordinance in conflict with a municipal
ordinance shall not be effective within the municipality to the extent of such conflict."
Accordingly, it could be argued that although Collier County shares concurrent jurisdiction to
,..".".....,
Boat Speed Zones
Page 2 of2
Agenda Item No. 128
March 13, 2007
Page 2 of 6
regulate Naples Bay, that this ordinance would be of no force and effect as to any contrary
ordinance by the City.
FISCAL IMPACT: The fiscal impact is unknown at this time. Collier County may be required
to incur costs to implement the Ordinance and post signage if approved.
GROWTH MANAGEMENT IMPACT: There is no growth management impact related to
this matter.
RECOMMENDATION: That the Board of County Commissioners consider the approval of
revision to Section Five of Collier County Ordinance No. 79-8, as amended, and direct the
County Attorney to work with County staff to prepare and advertise an ordinance for same.
Further, once the ordinance is adopted, to direct the County Attorney's Office to work with staff
to prepare and submit a Waterway Permit Application to the FWC.
Prepared by:
Colleen M. Greene, Assistant County Attorney
Jeffrey A. Klatzkow, Managing Assistant County Attorney
.....
2
Agenda Item No. 128
March 13, 2007
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
128
80ard Consideration of Amendment ProvisIOns 10 Collier County Ordmance No 79-8, as
Amended, the Collier County Vessel Control Ordinance by Amending Section Five, Speed
Limit in Certain Areas. to Establish the Speed Zones In Naples Bay and to Direct Staff to
Prepare a Waterway Permll Application
3/13/2007 9:00:00 AM
Item Number:
Item Summary:
Prepared By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
3/1/2007 12:22:14 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
3/1/2007 4:36 PM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
3/1/20074:37 PM
Approved By
Leo E. Ochs. Jr.
Deputy County Man~ger
Date
Board of County
Commissioners
County Manager's Office
3/212007 4:23 PM
Agenda Item No. 128
March 13, 2007
Page 4 of 6
PROPOSED ORDINANCE AMENDMENT
AN ORDINANCE AMENDING ORDINANCE NO.
79-8, AS AMENDED, SPEED LIMIT IN CERTAIN
AREAS, REGULATING BOAT SPEEDS IN
COLLIER COUNTY AND THE CITY OF NAPLES
IN NAPLES BAY.
WHEREAS, Naples Bay is a water body located within the boundaries of Collier County and
the City of Naples; and
WHEREAS, Collier County has concurrent jurisdiction over Naples Bay and is authorized to
"establish and administer programs of . . . navigation . . . and to cooperate with governmental
agencies and private enterprise in the development and operation of such programs;" and
WHEREAS, the Collier County Board of County Commissioners finds that Naples Bay is both
a destination and a transit waterway used by local businesses, citizens, and tourists, for
recreational, business, and commercial purposes; and
WHEREAS, for the purpose of promoting and protecting public safety and welfare, and the
protection of persons and property, it is necessary and advisable to control vessel speeds in the
waters located within Collier County, including without limitation, Naples Bay and its
approaches and surrounding waters.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
Section 1. That Article II, Division 3, Speed, of Chapter 146, Collier County Water Safety
and Vessel Control Regulations, is hereby amended to read as follows:
ARTICLE II, DIVISION 3
Speed
Sec. 146-60.5. Speed limits in certain areas.
(a) No person shall operate a vessel of any kind which is propelled by a motor or engine in
any area designated as an official "no wake-idle speed only" area and so posted at greater
than idle speed.
(b) No person shall operate a vessel of any kind which is propelled by a motor or engine in
any area designated as an official "slow speed-minimum wake" zone or area so posted at
greater than slow speed.
(c) No person shall operate a vessel in any area designated and posted as an official idle
speed zone at a speed greater than idle speed. The following are designated as idle soeed
zones:
(1) The Gulf of Mexico along the Naples public beach. from the shoreline out of 500 feet
west of the public beach. from the north boundary of the city of Naples to Gordon
Pass. excluding the outer aoproach to Doctors Pass. such approach being the area
within the marked channel from the lighted. outermost marker east to the outer ends
of the stone jetties.
(2) Doctors Pass and the Moorings Bav Svstem. from Seagate Drive South to Banyan
Boulevard.
Words underlined are added; words slnlal( IIll'llllgR are deleled
Proposed Ordinance Amendment
Page 2 of3
Agenda Item No. 28
March 13, 2 07
Page 5 f 6
(3) The Gordon River and Naples Bay. from the north boundary ofthe City of Naples to
a line runnin~ east to west through marker 32. connectinll adiacent shorelines. exceot
that for the PUTDose of testinll propulsion syStems. marine mechanics are permitted to
exceed the idle speed restriction in the Gordon River in an area approximatelY 0.3
mile in length. extending from the City Wastewater Treatment Plant south to the
Horticultural Landfill. weekdayS. between the hours of8:00 a.m. and 5:00 p.m.
(4) Naples Bay. from a line running north to south through marker 10. connecting
adjacent shorelines. to a line running north to south through marker 6. connecting
adjacent shorelines.
(5) All canals and waterwavs tributary to Naples Bay and the Gordon River. including
without limitation those in River Park. Avion Park. Golden Shores. Oyster Bav Roval
Harbor. Aaualane Shores and Port Royal.
(d) No person shall operate a vessel in any area desi~ated and posted as an official slow
speed zone at a speed greater than slow speed. The following are designated as slow
speed zones:
(1) Naples Bay. from a line running east to west through marker 32. connecting
adjacent Shorelines: to a line ruIU1ing east to west through marker 27. connecting
adiacent shorelines_ from 10:00 AM through 5:00 PM weekends and holidays (see
68D-23.103 F.A.C. "holidays")
(2) Naples Bay. from a line running east to west through marker 21. connecting
adjacent shorelines. to a line running north to south through marker 10.
connecting adjacent shorelines. from 10:00 AM through 5:00 PM weekends and
holidays:
(3) Naples Bay and Dollar Bay. from a line runninl!. east to west through marker 21.
connectin~ adjacent shorelines. to a line running east to west through marker 73 in
Dollar Bay. connecting adjacent shorelines. from 10:00 AM through 5:00 PM
weekends and holidays:
(e) No person shall operate a vessel in anv area desilmated and posted as an official 30 mile
per hour (MPID zone at a speed greater than 30 MPH. The following are designated as
30 MPH zones:
(1) Naples Bay. from a line running east to west through marker 32. connecting
adiacent shorelines. to a line ruIU1inl!. east to west through marker 10. connecting
adjacent shorelines. weekdays:
(2) Naples Bay. from a line running east to west through marker 27. connecting
adjacent shorelines. to a line running north to south through marker 21.
connecting adjacent shorelines. from 10:00 AM through 5:00 PM weekends and
holidays:
(3) Naples Bay and Dollar Bay. from a line runnil1lz east to west through marker 22.
connecting adjacent shorelines. to a line running east to west through marker 71 in
Dollar Bay. connecting adjacent shorelines. weekdayS:
Words underlined are added; words _\fuel, thoeygh are deleted
Proposed Ordinance Amendment
Page 3 of3
Agenda Item No. 128
March 13, 2007
Page 6 of 6
(4) Gordon Pass and the portions of Naples Bav and Dollar Bav. all as described in
subsection (e). at all times other than those set forth in subsection (c): or not
otherwise designated as an idle speed zone or slow speed zone.
This Ordinance shall become effective on
,2007.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
JAMES COLETTA, CHAIRMAN
, Deputy Clerk
Approved as to form and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
Words underlined are added; words 5lruek tk",ygil are deleted
Agenda Item No. 16A 1
March 13, 2007
Page 1 of 6
EXECUTIVE SUMMARY
,-
Recommendation to approve the Release and Satisfactions of Lien for payments
received for the following Code Enforcement actions: Wilma Britton and Gordon &
Kay Schultz: and Lyjac Properties, LLC and the following Special Master action:
FRVG, LLC
OBJECTIVE:
To approve execution and recording of the Release and Satisfactions of Lien,
acknowledging compliance and recovery of fines and fees related to prosecution of Code
Enforcement matters.
CONSIDERATIONS:
/_.
Reference Owner of Record Property Address Lien
Amount
CEB 2003-014 Wilma Britton and Gordon and Kay 109 Duncan Lane, Naples, FL 34114 $914.00
Schultz
CEB 2003-015 Wilma Britton and Gordon and Kay 109 Duncan Lane, Naples, FL 34114 $448.05
Schultz
CEB 2006-32 Lyjac Properties, LLC 771 AirpOlt Road North, Naples, FL $498.08
34104
OSM 2004100207 FRVG, LLC 8315 Davis Blvd, Naples FL $326.96
TOTAL $2,187.09
FISCAL IMP ACT:
Costs incurred by the County are costs of recording the Release and Satisfactions of Lien
estimated to be $10.00 per release, totaling $40.00, which is budgeted and available in
the current fiscal year Code Enforcement budget.
GROWTH MANAGEMENT IMPACT:
This request will have no impact on the County's Growth Management Plan.
LEGAL CONSIDERATION:
This request has been reviewed for legal sufficiency and has no outstanding legal
considerations.
RECOMMENDATION:
That the Board of County Commissioners approve the Release and Satisfactions of Lien.
PREPARED BY:
Bendisa Marku, Operations Coordinator, Code Enforcement
"-"
Rev ] 2/06
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A1
March 13, 2007
Page 20[6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1M1
RecommendaUon to approve the Release and Satisfactions of lien for payments receIved for
the following Code Enforcement actions Wilma Britton and Gordon & Kay Schultz and Lyjac
Properties. LLC and the following Special Master action FRVG, LLC
3/13/2007 9 00 00 AM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
3/1J2007 12:39 PM
Approved By
Code Enforcement Director
Date
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement
3/212007 8:46 AM
Approved By
Date
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
3/2120079:23 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/212007 10:14 AM
App roved By
Administrative Assistant
Date
OMS Coordinator
County Manager's Office
Office of Management & Budget
3/2120074:11 PM
Budget Analyst
Date
Approved By
Mark Isackson
County Manager's Office
Office of Management & Budget
312120074:27 PM
Deputy County Manager
Date
Approved By
Leo E. Oells, Jr.
Board of County
Commissioners
County Manager's Office
3/2/20074:43 PM
Agenda Item No. 16A 1
March 13, 2007
Page 3 of 6
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34 104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order Imposing FinelLien dated October 1, 2003, a certified copy of which was recorded
on October 13, 2003, in O.R. Book 3420 Pages 1719-1721, of the Public Records of
Collier County, Florida, against the following described real property, and all other real
and personal property located in Collier County, owned by Wilma Britton and Gordon
and Kay Schultz, has been discharged in full:
Wilma Britton
Gordon and Kay Schultz
109 Duncan Lane
Naples, FL 34114
Folio No.
Cost:
Reference:
50880004661
$914.00
2003-014
The undersigned is authorized to and does hereby release this lien as to the
whole of the above-described real property, and all other real and personal
property owned by Wilma Britton and Gordon and Kay Schultz, and consents to
this lien being discharged of record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
~
Jeff. ri t
Assi t County Attorney
Agenda Item No. 16A 1
March 13, 2007
Page 4 of 6
This instrument prepared by:
JefT E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 2 13-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order Imposing Fine/Lien dated October 1,2003, a certified copy of which was recorded
on October 13, 2003, in O.R. Book 3420 Pages 1722-1724, of the Public Records of
Collier County, Florida, against the following described real property, and all other real
and personal property located in Collier County, owned by Wilma Britton and Gordon
and Kay Schultz, has been discharged in full:
Wilma Britton
Gordon and Kay Schultz
109 Duncan Lane
Naples, FL 34114
Folio No.
Cost:
Reference:
50880004661
$448.05
2003-015
The undersigned is authorized to and does hereby release this lien as to the
whole of the above-described real property, and all other real and personal
property owned by Wilma Britton and Gordon and Kay Schultz, and consents to
this lien being discharged of record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
JAMESCOLETTA,CH~AN
Approved as to form and
legal sufficiency:
,
ri t
t County Attorney
Agenda Item No. 16A 1
March 13, 2007
Page 5 of 6
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 2 I 3-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated July 31, 2006, a certified copy of which was recorded on August 2, 2006, in
O.R. Book 4081, Pages 2922, et seq., of the Public Records of Collier County, Florida,
against the following described real property, and all other real and personal property
located in Collier County, owned by L YJAC Properties, LLC, has been discharged in full.
Lxiac Properties, LLC
771 Airport Road North
Naples, FL
Folio No.
Cost:
Reference:
00270560008
$498.08
2006-32
The undersigned is authorized to and does hereby release this lien as to the
whole of the above-described real property, and all other real and personal
property owned by L YJAC Properties, LLC and consents to this lien being
discharged of record.
Dated this
day of
, 2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
t
ri t
t County Attorney
Agenda Item No. 16A 1
March 13, 2007
Page 6 of 6
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Special
Master dated January 6, 2006, a certified copy of which was recorded on January 20,
2006, in O.R. Book 3968, Page 1939 of the Public Records of Collier County, Florida,
against the following described real property, and all other real and personal property
located in Collier County, owned by FRVG, LLC, has been discharged in full.
8315 Davis Blvd., Naples, Florida
Folio No.
Cost:
Reference:
00399360008
$326.96
OSM Case No. 2004100207
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by
FRVG, LLC, and consents to this lien being discharged of record.
Dated this
day of
,2007.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
Jeff
Assi
Agenda Item No. 16A2
March 13, 2007
Page 1 of 4
--
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners determine compliance with
the requirement for open space/natural habitat preserve area as it relates to Ordinance
No. 97-36, the Cypress Woods Golf and Country Club Planned Unit Development
Ordinance.
OBJECTIVE: That the Board of County Commissioners (Board) approve the attached
Resolution declaring that the Cypress Woods Golf and Country Club Planned Unit
Development (PUD) is in full compliance with the open space/natural habitat preserve area
requirement.
.-
CONSIDERATIONS: On August 26, 1997, the Board adopted Ordinance 97-36, establishing
the Cypress Woods Golf and Country Club PUD, a 285-acre residential and golf course
community. The PUD ordinance requires a minimum of sixty (60) percent open space/natural
habitat preserve area be provided on site. Prior to the property owners assuming control of the
Cypress Woods Golf and Country Club Master Association, the developer, Cypress Woods
Land Holding, LLC, voluntarily conveyed a portion of Tract D, described in the PUD Master
Site Plan as Preserve, to the Florida Department of Transportation (FDOT) in lieu of
condemnation proceedings. FDOT intends to use this parcel for stormwater retention, which
may not comply with the open space requirement set forth in the PUD ordinance. Although
staff has assured the residents that the conveyance did not place the PUD into noncompliance
with its open space requirement, homeowners remain concerned that this opinion may change
with future staff turnover. Accordingly, for peace of mind, the Cypress Woods Golf and
Country Club Master Property Owners Association seeks the Board's official determination that
the loss of the parcel conveyed to FDOT did not result in noncompliance with the open
space/natural habitat preserve area requirement of the PUD ordinance.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Resolution, is fully consistent with the intent
and purpose of Section 1.04.04.B.2.b. of the Collier County Land Development Code (LDC),
which provides that legal conformities rendered more nonconforming as a result of acquisition
for public use, may be allowed to remain as legal nonconformities, as well as LDC Section
10.02.13.F.5., which states that a release of a PUD commitment determined to be no longer
necessary shall be brought as an agenda item to the Board of County Commissioners for
approval.
STAFF RECOMMENDATION: That the Board approve the Resolution declaring that the
Cypress Woods Golf and Country Club PUD is in full compliance with the open space
requirement set forth in Section 2.8 of Ordinance 97-36, and shall remain so unless and until the
development undergoes redevelopment, at which time the Cypress Woods Golf and Country
Club PUD will need to comply with the then existing requirement of the Collier County Land
Development Code.
~
PREPARED BY:
Maryann Devanas, Supervisor - PUD Monitoring
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A2
March 13, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A2
Recommendation that the Board of County Commissioners determine compliance with the
requirement for open space/natural habitat preserve area as it relates to Ordinance No 97-
36, tl1e Cypress Wood Golf and Country Club Planned UI1It Development Ordinance
3/13/2007900:00 AM
COES Engineering Services Director
Date
Approved By
Thomas E. Kuck, P .E.
Community Development &
Environmental Services
COES Engineering Services
212712007 1 :55 PM
Approved By
Assistant County Attorney
Date
Jeff Klatzkow
County Attorney
County Attorney Office
3/1120077:54 AM
Date
Approved By
Constance A. Johns.on
Community Deyelopment &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
31112007 2:44 PM
Approved By
Date
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
311/20074:12 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
31212007 10:16 AM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
31212007 4: 11 PM
Budget Analyst
Date
Approved By
Mark Isackson
County Manager's Offi[;e
Office of Management & Budget
312120074:32 PM
Approved By
Deputy County Manager
Date
Leo E. Dells, Jr.
Board of County
Commissioners
County Manager's Office
312120074:47 PM
Agenda Item No. 16A2
March 13, 2007
Page 3 of 4
RESOLUTION NO. 2007-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RELATING TO ORDINANCE
NO. 97-36, THE CYPRESS WOODS GOLF AND COUNTRY'CLUB
PLANNED UNIT DEVELOPMENT ORDINANCE, DETERMINING
COMPLIANCE WITH THE REQUIREMENTS FOR OPEN
SP ACE/NA TURAL HABITAT PRESERVE AREA.
WHEREAS, on August 26, 1997, the Board of County Commissioners of Collier County,
Florida (Board) adopted Ordinance 97-36, thereby establishing the Cypress Woods Golf and
Country Club PUD, a 285-acre (+/-) residential and golf course community located in
unincorporated Collier County; and
WHEREAS, Section 2.8 of Ordinance 97-36 requires a minimum of sixty (60) percent
open space, as described in the then current Land Development Code, be provided on site; and
WHEREAS, Ordinance 97-36 has not been amended since its effective date; and
WHEREAS, prior to the property owners assuming control of the Cypress Woods Golf
and Country Club Master Association, its developer, Cypress Woods Land Holding, LLC,
volnntarily conveyed a portion of Tract D, described in the PUD Master Site Plan as Prescrve, to
the Florida Department of Transportation (FDOT) in lieu of condemnation proceedings; and
WHEREAS, Collier County staff has opined that FDOT's intended use of this portion of
Tract D for storm water retention is not compatible with the open space requirement set forth in
Section 2.8 of Ordinance 97-36, and as such the loss of this preserve area could be construed to
result in non-compliance with Section 2.8 of Ordinance 97-36; and
WHEREAS, ~1.04.04.B.2.b. of the Collier County Land Development Code (LDC)
provides that legal conformities rendered more nonconforming as a result of acquisition for
public use may be allowed to remain as legal nonconformities; and
WHEREAS, ~1O.02.13.F.5. of the LDC states that a release of a PUD commitment
determined to be no longer necessary shall be brought as an agenda item to the Board of County
Commissioners for their approval; and
WHEREAS, the Cypress Woods Golf and Country Club Master Property Owners
Association seeks the Board's determination that the loss of that portion of Tract D conveyed to
the FDOT did not result in this PUD becoming noncompliant with the Section 2.8 open space
requirement of Ordinance 97-36 and the PUD Monitoring Program of Collier County; and
WHEREAS, it is in the public interest to provide certainty and comfort to the residents of
the Cypress Woods Golf and Country Club community.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. In light of the circumstances set forth above, in keeping with ~ 1.04.04.B.2.b. of
the Collier County Land Development Code, the Board hereby declares that the Cypress Woods
Golf and Country Club PUD is in full compliance with the sixty (60) percent open space
requirement set forth in Section 2.8 of Ordinance 97-36, and shall remain so unless and until thiseDevelopment undergoes redevelopment, at which time the Cypress Woods Golf and Country
Club PUD will need to comply with the then existing requirements of the ColIier County Land
Development Code.
Page 1 of 2
Agenda Item No. 16A2
March 13, 2007
Page 4 of 4
2. This Resolution shall be recorded in the minutes of this Board and a copy of the
recorded Resolution maintained in the official PUD Ordinance files of the Conununity
Development and Environmental Services Division.
This Resolution adopted after motion, second and majority vote this _ day of
,2007.
ATIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES COLETI A, CHAIRMAN
, Deputy Clerk
Page 2 of 2
Agenda Item No. 16A3
March 13, 2007
Page 1 of 5
.-
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Fiddler's Creek Phase 2A, Unit
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 "Fiddler's Creek Phase 2A, Unit Two".
CONSIDERATIONS:
1. On June 1, 2001, the Board of County Commissioners granted preliminary
acceptance of the roadway and drainage improvements in "Fiddler's
Creek Phase 2A, Unit Two".
2. The roadway and drainage improvements will be maintained by the project
developer or assigns.
,,-
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.
'-"
Agenda Item No. 16A3
March 13, 2007
Page 2 of 5
--
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution for legal
sufficiency.
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Fiddler's Creek Phase 2A, Unit 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:
Ilem Summary:
Meeting Date:
Agenda Item No. 16A3
March 13. 2007
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16.1\3
Tills item requlfes that ex parte disclosure be prOVided by Commission Members. Should a
hearing be held on this item, all participants are required 10 be sworn tn. Recommendation to
grant final approval of tM roadway (private) and drainage improvements for the final plat of
Fiddlers Creek Phase 2.11, Unit Two The roadway and drainage improvements will be
privately maintained.
3/13/200790000 AM
Senior Engineer
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services.
Engineering Services
2122/20072:42:34 PM
Approved By
COES Engineering Services Director
Date
Thomas E. Kuok, P.E.
Community Development &
Environmental Services
CDES Engineering Services
2/22120073:19 PM
Jeff Wtight
Assistant County Attorney
Dale
Approved By
COUJlty Attomey
County Attorney Office
2/26/2007 4:04 PM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
2/27/20073:26 PM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Comm unity Development &
Environmental Services Admin.
31112007 2:20 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstr'ator
Community Development &
Environmental Services Admin.
Date
3/2/200710:12 AM
Administrative Assistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
3/2120074:09 PM
Budget Analyst
Date
Approved By
Mark Isackson
County Manager's Office
Office of Management & Budget
312/20074:18 PM
Deputy County Manager
Date
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
County Manager's Office
3/212007 4:36 PM
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Agenda Item No. 16A3
March 13, 2007
Page 5 of 5
RESOLUTION NO. 07-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN FIDDLER'S
CREEK PHASE 2A, UNIT TWO, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 35, PAGES 96 THROUGH 97; 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 951 LAND
HOLDINGS, LTD.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
February 8, 2001 approved the plat of Fiddler's Creek Phase 2A, Unit 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 fmal acceptance is hereby
granted for those roadway and drainage improvements in Fiddler's Creek Phase 2A, Unit
Two, pursuant to the plat thereof recorded in Plat Book 35, pages 96 through 97, and the
Clerk is hereby authorized to release thc 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 951 Land Holdings, Ltd. (the
developer).
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of , 2007.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES COLETI A, CHAIRMAN
, Deputy Clerk
Agenda Item No. 16A4
March 13, 2007
Page 1 of 5
<,-
EXECUTIVE SUMMARY
Recommendation to approve Commercial Excavation Permit No. 59.835 "Livingston Lakes
Commercial Excavation", located in Section 30, Township 48 South, Range 26 East to allow for
the removal of an additional 30,000 cubic yards of excavated material from the site.
OBJECTIVE:
To issue a Commercial Excavation permit to Section 30 Corporation, LLC for the project known as
"Livingston Lakes Commercial Excavation" in accordance with Article 4 of Chapter 22 of the Collier
County Code of Laws and Ordinances. The project is bounded on the north by vacant land zoned
Agricultural and two parcels zoned PUD (Eboli, and Stiles), on the east by the Donovan Center PUD
(Wal-Mart and Summer Lakes), on the south by the North Collier County Community Park and on the
west by Livingston Road.
CONSIDERA TIONS:
The petitioner proposes to excavate four lakes with a total surface area of 12.15 acres (+/-) to a depth
of approximately 20 (+/-) feet below Control Elevation. Most of the resultant 232,000 (+/-) cubic
yards of fill will be used on-site for infrastructure construction and pad fill and the remainder,
approximately 50,000 cubic yards, will be hauled off the site. Code automatically allows the removal
of20,000 C.Y. as requested in the PUD document.
,-
Section 2.6 of Ordinance 99-18, the Livingston Lakes PUD, states "Lakes may be excavated to the
maximum commercial excavation depths set forth in Section 3.5.7.3.1 of the Land Development Code,
however, removal of fill from Livingston lakes PUD shall be limited to an amount up to ten percent
(10%) (to a maximum 20,000 cubic yards) of the total volume excavated unless a commercial
excavation permit is received."
The petitioner has applied for that Commercial Excavation Permit and Engineering Review staff has
reviewed and approved the application.
FISCAL IMP ACT:
The Community Development Fund, Development Services (131) has or will receIve $6,265 III
revenues broken out as follows:
Application Fee
Yardage Fee
Inspection Fee
$2,000
2,465
1,800
$ 6,265 TOTAL FEES
Security in the amount of $119,053.40 has been posted. Reporting and inspection fees will be paid
annually.
..--
GROWTH MANAGEMENT IMPACT:
None.
1
Agenda Item No. 16A4
March 13, 2007
Page 2 of 5
STAFF CONSIDERATIONS:
The Board of County Commissioners may grant a commercial excavation permit if the permit
application requirements and excavation permit criteria of Section 22, Article IV, of the Collier County
Code of Laws and Ordinances are met.
LEGAL CONSIDERATIONS: These matters are typically not reviewed by the Office of the County
Attorney.
ST AFF RECOMMENDATION:
That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.835 to
Section 30 Corporation, LLC for the project known as "Livingston Lakes Commercial Excavation"
with the following stipulations:
1. Depending on the proximity of the structures, blasting of parts of the excavation may not be
allowed. The petitioner's surveyor will need to delineate any such areas on the ground prior to
drilling.
2. Proper bonding must be in place prior to issuance of any permits.
,--
3. If groundwater is to be pumped during the excavating activity, a South Florida Water
Management District Dewatering Permit must be obtained.
PREPARED BY: Stan Chrzanowski, P.E., Engineering Review Manager, Engineering Review
Services
-",-'''''
2
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A4
March 13. 2007
Page 3 of 5
COLLIER COUNTY
BOARD Of COUNTY COMMISSIONERS
16A4
Recommendation to approve Commercial Excavation Permit No. 59.835 "livingston Lakes
Commercial Excavation, located in Section 30, Township 48 South, Range 26 East to allow
for the removal of an additional 30.000 cubic yards of excavated malerial from the sileo
3/13/20079:00:00 AM
Engineering Review Manager
Date
Prepared By
Stan Chrzanowsld
Community Development &
Environmental Services
Engineering Services
3/1120071 :54:48 PM
Approved By
Engineering Review Manager
Date
Stan Chrzanowski
Community Development &
Environmental Services
Engineering Services
2/2312007 11 :21 AM
Approved By
COES Engineering Services Director
Date
Thoma. E. Kuck, P .E.
Community Development &
Environmental Senriees
COES Engineering Services
311/20072:11 PM
Approved By
Date
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
311/20073:56 PM
Approved By
E:lI.ecutlve Secretary
Date
Marlene Stewart
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
3/1/2007 3:59 PM
App roved By
Jo.eph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Admlnstrator
Date
Community Development &
Environmental Services Admin.
3121200710:13 AM
App roved By
Administrative Assist.ant
Date
OMS Coordinator
County Managers Office
Office of Management & Budget
3/2120074:10 PM
Budget Analyst
Date
Approved By
Mark Isackson
County Manager's Office
Office of Management & Budget
3/2/20074:23 PM
Deputy County Manager
Date
Approved By
Leo E. Och.. Jr.
Board of County
Commissioners
County Manager's Office
3/2/20074:40 PM
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Agenda Item No. 16A5
March 13, 2007
Page 1 of 6
,-
EXECUTIVE SUMMARY
Recommendation to approve the termination of the Cable Franchise
Agreement between Strategic Technologies, Inc., and Collier County
OBJECTIVE: That the Board of County Commissioners, acting in its capacity as the
"Franchising Authority," consider the attached agreement submitted by Strategic
Technologies, Inc., to terminate the cable television franchise agreement granted to
Strategic Technologies, Inc.
CONSIDERATIONS: On June 22, 2004, the Board of County Commissioners (Board)
granted a non-exclusive cable television franchise agreement (Agreement) to Strategic
Technologies, Inc. (STI), associated with Lennar Homes, for a franchise term to year
2020.
,,-.'
On November 21, 2006, STI notified county staff of their desire to terminate their
Agreement with Collier County because of increased competition in the cable television
industry and the decision to realign with their parent company, refocusing the company's
attention on the core business of building homes. STI's desire to terminate its Agreement
with Collier County is consistent with other measures taken by STI not to provide cable
television services throughout the State of Florida, already having surrendered other cable
television franchises in central Florida.
STI has not served any subscribers in Collier County, nor entered into any contractual
agreements that would adversely affect any cable television subscribers in the County.
STI has not built any infrastructure in Collier County other than a limited amount of
conduit buried in the public easements leading into the Heritage Bay Community. The
Heritage Bay Community's cable television services are cun'ently being provided by the
Comcast Corporation.
FISCAL IMPACT: There will be no fiscal impact to Collier County as a result of
mutual termination of this franchise.
GROWTH MANAGEMENT IMPACT: There will be no growth management impact
as a result of this mutual termination of this franchise.
LEGAL CONSIDERATIONS: According to the Assistant County Attorney, there are
no legal issues regarding mutual termination of this franchise.
",-..
RECOMMENDA TION: Staff recommends that the Board of County Commissioners
approve Strategic Technologies, Inc. application to terminate the subject Cable
Television Franchise Agreement between Strategic Technologies, Inc. and Collier
County, authorizing the Chairman to execute the Cable Television Franchise Termination
Agreement on behalf of the Board.
PREPARED BY: James C. French, Operations Manager, CDES
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A5
March 13, 2007
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A5
Recommendation to approve the termination of the Cable Franchise Agreement between
Straleglc Technologies, Inc" and Collier County
3/13120079:0000 AM
Operations Supervisor
Date
Prepared By
James French
Community Development &
Environmental Services
CDES Operations
2128120078:32:28 PM
Approved By
Date
Constance A. Johnson
Comm unity Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
311120074:23 PM
App roved By
Executive Secretary
Date
Marlene Stewart
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
3/2/20077:42 AM
Approved By
Assistant County Attorney
Date
Thomas Palmer
County Attorney
County Attorney Office
3/212007 3:37 PM
Financial Admin & Housing Director
Date
Approved By
Denton Baker
Community Development &
Environmental Services
App roved By
Financial Admin. & Housing
3/2/2007 4:36 PM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/3/2007 5:54 PM
Approved By
Administrative Assistant
Date
OMS Coordinator
County Manager's Office
Office of Management & Budget
3/5/20077:25 AM
Budget Analyst
Date
Approved By
Mark Isackson
County Manager's Office
Office of Management & Budget
3/5120078:52 AM
Approved By
County Manager
Date
James V. Mudd
Board of County
Commissioners
County Manager's Office
3/51200710:45 AM
Agenda Item No. 16A5
March 13, 2007
Page 3 of 6
TERMINATION OF CABLE TELEVISION FRACHISE AGREEMENT
THIS TERMINATION OF CABLE TELEVISION FRANCHISE AGREEEMENT
("Termination Agreement") is made and entered into as of _, 2007 (the
"Effective Date") by and among COLLIER COUNTY, a political subdivision of the State of
Florida (the "County"), STRATEGIC TECHNOLOGIES, INC. ("STIli), a Florida cOIporation,
and LENNAR CORPORATION, a Delaware corporation ("Lennar") (the County, STr and
Lennar are sometimes hereinafter referred to collectively as the "Parties," and each is hereinafter
referred to individually as a "Party").
WHEREAS, the COWlty and STr are parties to that certain Cable Television Franchise
Agreement, dated May 19, 2004 (the "Franchise Agreement"), pursuant to which the County
granted to STI a Franchise to operate a Cable System within the County; and
WHEREAS, Lennar guaranteed STI's obligations under the Franchise Agreement by
executing and delivering to the County a Guarantee dated on or about May 19, 2004 (the
"Guarantee" and collectively with the Franchise Agreement, the "Franchise Documents"); and
WHEREAS, the Parties desire to enter into this Termination Agreement to provide for
the termination of the Franchise and each of the Franchise Documents and, furthermore, the
release of the Parties' obligations arising under or in connection with the Franchise and the
Franchise Documents.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the Parties, intending to be legally bound hereby, do hereby
agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein
by this reference.
2. Capitalized Terms. Capitalized terms used herein and not otherwise defined
herein shall have the meanings ascribed to them in the Franchise Agreement.
3. Termination. Effective as of the Effective Date, the Franchise Documents are
hereby terminated in their entirety.
4. General Release.
4.1 The County does hereby remise, release, acquit, satisfy and forever discharge
each of STI and Lennar (each, a "Lennar Party") and each Lennar Party's directors, officers,
employees, shareholders, affiliates, predecessors, sureties, successors and assigns, of and from
all, and all manner of, action or actions, cause and causes of actions, suits, debts, dues, sums of
money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies,
agreements, promises, variances, trespasses, damages, judgments, executions, claims and
demands whatsoever, in law or in equity, which the County ever had, now has, or which the
COWlty can, shall or may have from the beginning of time to the Effective Date, against either of
Agenda Item No. 16A5
March 13, 2007
Page 4 of 6
the Lennar Parties, arising out of, in connection with or relating to the Franchise or the Franchise
Documents.
4.2 Each Lennar Party does hereby remise, release, acquit, satisfy and forever
discharge the County and each of its officers and employees of and from all, and all manner of,
action or actions, cause and causes of actions, suits, debts, dues, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law
or in equity, which such Lennar Party ever had, now has, or which such Lennar Party can, shall
or may have from the beginning of time to the Effective Date, against the County, arising out of,
in connection with or relating to the Franchise or the Franchise Documents.
5. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws ofthe State of Florida.
6. Entire Agreement. This Agreement sets forth the entire understanding of the
Parties with respect to the subject matter hereof and may be modified only by a writing duly
executed by each Party.
7. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, and all of which together shall constitute one and the
same instrument. An executed counterpart of this Agreement, transmitted by telecopy shall be
effective upon receipt of the telecopy as an original counterpart.
8. Severability. The invalidity or unenforceability of any provision hereof shall not
affect the validity or enforceability of any other provision hereof.
9. Further Assurances. Each of the Parties agree to execute all such further
agreements and documents as are reasonably requested by the other Parties to evidence the
intention of this Agreement.
(Signature page follows)
MIAMI 124279\.1 7566424871
2
Agenda Item No. 16A5
March 13, 2007
Page 5 of 6
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be
effective as of the Effective Date.
ADOPTED this _ day of
majority vote favoring adoption.
, 2007 after motion, second and
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
JAMES COLETTA, Chairman
By:
C;t;/:;/-
Debra A Kalata,
Vice President & Controller
By:
.--- f
- Enrique Vargas,
tor, Corporate De elopment
Approved as to form and legal sufficiency:
By:
Name: Thomas C. Palmer,
Title: Assistant County Attorney
MIAMI 1242791.1 7566424871
3
Agenda Item No. 16A5
March 13, 2007
Page 6 of 6
State of Florida )
County of Miami-Dade )
The foregoing Termination of Cable T levision Franchise Agre ment was aclmowledged
befor.s;.me this,30 day ofJ" MU .~2007, by . II c.. , the
"f>~ ~~f Strategic Tec logies, Inc., who is lmow to me R who produced the
following Identification:
(t: OOtItAJ. PfI!STON
....., NIIO . .. II FloIIlII
.. .. .; ......'11.1 J- EIIIiM.'O.2007
. CI . ,,-'DDaD218
.....' MIL
State of Florida )
County of Miami-Date )
as aclmowledged
, the
e following
1\C~'t<>~
NOW~
",-/
MIAMI 1242791.1 7566424871
4
Agenda Item No. 16B1
March 13, 2007
Page 1 of 4
-
EXECUTIVE SUMMARY
Recommendation to award Bid No. 07-4094 - "Lely Stormwater Improvement Project Mitigation
Area: Invasive Vegetation Removal" to All Florida Tree and Landscaping, in an amount not to
exceed $668,764.
OBJECTIVE: To receive Board approval to award a contract to proceed with the LASIP Mitigation
Project: Invasive Vegetation Removal, as per plans and specifications, in an amount not to exceed
$668,764 to the lowest bidder, All Florida Tree and Landscaping.
CONSIDERATIONS: The bid was advertised on January 25, 2007 and forty-nine (49) notices were
sent to potential bidders. On February 15, 2007, five (5) bids were received (one (1) was deemed non-
responsive) and reviewed by the Stormwater Management Department in conjunction with the
Purchasing Department. Responses were received from the following firms: Aquagenix, Trevino
Enterprises, All Florida Tree & Landscape and Native Technologies.
South Florida Water Management District (SFWMD) permit 11-01140-S and U.S. Army Corps of
Engineers (COE) permit SAJ-2002-2436 requires the enhancement of two adjacent parcels totaling
109.3 acres in size as mitigation for impacts associated with the construction of the Lely Area
Stormwater Improvement Project (LASIP). These parcels are located within a portion of Sections 9
and 15, Township 50 South, Range 26 East, in Collier County, Florida. This enhancement includes the
initial treatment of exotics, supplemental planting of selected wetland areas, and long term
maintenance.
r-
The project consists of the treatment and/or removal of exotic/nuisance vegetative species to be found
within the conservation areas, located nOl1h of Naples Lakes Country Club and west of Collier
Boulevard. The scope of services includes the initial treatment and two (2) maintenance events of the
specified wetland and upland conservation areas to eliminate all exotic and or nuisance vegetation
species. The emphasis of this work will be to eliminate all identified exotic/nuisance species while
minimizing damage to non-target or desirable plant species.
Staff has reviewed the bids and recommends awarding to All Florida Tree & Landscape, Inc. as the
lowest, qualified and responsive bidder.
FISCAL IMPACT: Funding in the amount of $668,764 is available in the Transportation Supported
Gas Tax Fund (313) Lely Mitigation Project (690816).
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners award Bid No. 07-4094 to All
Florida Tree and Landscaping;
Prepared By: Gianfranco Nicolaci, Project Manager, Transportation Services Division, Stormwater
Management Department
.,,-..
Attachments: (1) Project Location Map; (2) Bid Tab
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1681
March 13, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONE~S
1681
Recommendation to award Bid No 07-4094 - Lely Stormwater Improvement Project
Mitigation Area: Invasive Vegetation Removal to All Florida Tree and Landscaping, in an
amount not 10 exceed $668,764,
3/13/2007 9:0000 AM
Project Manager
Dale
Prepared By
Gianfranco Nicolaci
Transportation Services
Stormwater Management
2123/20072:02:50 PM
Approved By
Purchasing Agent
Date
Brenda Brilhart
Administrative Services
Purchasing
2/26/2007 10:35 AM
Approved By
Date
Eugene Calvert
Transportations Services
Principal Project Manager
Transportation Engineering and
Construction Management
2/26/200712:32 PM
Senior Engineer
Date
Approved By
Gerald Kurtz
Transportation Services
Stormwater Management
2/26/20073:33 PM
Assistant County Attorney
Date
Approved By
Scott R. Teach
County Attorney
County Attorney Office
2/26/20073:58 PM
Acquis.ition Manager
Date
Approved By
Mike Hauer
Administrative Services
Purchasing
2/2812007 11 :06 AM
PurchasingfGeneral Svcs Director
Date
Approved By
Steve Carnell
Administrative Services
Purchasing
2/28/2007 11 :35 AM
ManagemenUBudget Analyst
Date
Approved By
Lisa Taylor
Transportation Services
Transportation Administration
2/2812007 1: 13 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
3/112007 2:01 PM
Norm E. Feder, Alep
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
311/2007 2:47 PM
Pat Lelmhard
Execlltive Secretary
Date
Approved By
Transportation Services
Transportlltion Services Admin
3/112007 2:52 PM
Approved By
Administrative Assistant
Date
OMB Coordinator
County Managers Office
Office of Management &. Budget
3/2120079:26 AM
Senior Management/Budget Analyst
Date
Approved By
Susan Usher
County Manager's Office
Office of Management & Budget
3/2/2007 4:48 PM
Deputy County Manager
Date
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
County Manager's Office
3/2/2007 5: 10 PM
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Agenda Item No. 16B2
March 13, 2007
Page 1 of 13
--
EXECUTIVE SUMMARY
Recommendation to approve the purchase of improved property (Parcel No. 130) which is
required for the construction of the Vanderbilt Beach Road Extension project. Project No.
60168 (Fiscal Impact: $563,500)
OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase improved
property, which is required for the construction of the Vanderbilt Beach Road Extension project
(between Collier Boulevard and Wilson Boulevard).
CONSIDERATIONS: On June 6, 2006 the Board of County Commissioners approved
Resolution No. 2006-142 authorizing the acquisition by gift or purchase of property required for
the construction of Vanderbilt Beach Road between Collier Boulevard and Wilson Boulevard
(Project No. 60168).
The subject property (Parcel No. 130) contains 2.55 acres and is improved with a single family
home. An independent real estate appraiser has estimated the market value of the property at
$560,000. The appraisal was reviewed by the County's Review Appraiser, who has determined
that the appraisal complies with the Uniform Standards for Professional Appraisal Practice. The
property owner has agreed to sell the property to the County at the appraised value.
,~
FISCAL IMPACT: Funds in the amount of $563,500 will come from the Transportation
Supported Gas Tax Fund and Impact Fee Funds. (Total amount includes the $560,000 purchase
price and $3,500 for the approximate cost of title insurance, closing fees and recording fees.)
Source of Funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: The recommendation is consistent with the County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attached Purchase Agreement;
2. Authorize its Chairman to execute same on behalf of the Board;
3. AuthoriZe the payment of all costs and expenses necessary to close the transaction;
4. Accept the conveyance of the property via Warranty Deed and authorize the County Manager
or his designee to record same in the public records of Collier County, Florida; and
5. Approve any and all budget amendments required.
Prepared by: Claudia Plesha, Property Acquisition Specialist, TECM
Attachment: Purchase Agreement
.-.'
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1682
March 13, 2007
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1682
Recommendation to approve the purchase of improved property (Parcel No 130) which is
required for the construction of the Vanderbilt Beach Road Extension project. Project No.
60168 (Fiscal impact: $563,500)
3/1312007 9:00:00 AM
Property Acquisition Specialist
Date
Prepared By
Claudia Plesha
Transportation Services
TECM-ROW
2126120073:30:37 PM
Approved By
Right Of Way Acquisition Manager
Date
Kevin Hendricks
Transportation Services
TECM-ROW
2/26/20074:04 PM
Accounting Supervisor
Date
Approved By
Sharon Newman
Transportation Services
Transportation Services Admin
2127/200712:36 PM
Property Acquisition Specialist
Date
Approved By
Claudia Piesha
Transportation Services
TECM.ROW
2/27/20071:23 PM
Transportation Division Administrator
Date
A pp roved By
Norm E. Feder, AICP
Transportation Services
Transportation Services Admin.
2127/2007 1 :45 PM
Date
Approved By
Joseph Delate
Transportation Services
Senior Project Manager
Transportation Engineering and
Construction
2/2712007 2:23 PM
Director
Date
Approved By
Najeh Ahmad
Transportation Services
Transportation Engineering &
Construction Management
2/28120077:50 AM
Management/Budget Analyst
Date
Approved By
Lisa Taylor
Transportation Services
Transportation Administration
2/2812007 11 :40 AM
Executive Secretary
Date
Approved By
Pat Lehnhard
Transportation Services
Transportation Services Admin
2/28/20073:38 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
3/1/20078:03 AM
Approved By
Senior Management/Budget Analvst
Date
Susan Usher
County Manager's Office
Office of Management & Budget
3/2/2007 5:38 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
31312007 12:14 PM
Agenda Item No. 1682
March 13,2007
Page 3 of 13
PROJECT: 60168
PARCEL No(s): 130
FOLIO No(s): 36862940000
PURCHASE AGREEMENT
(For Improved Property)
THIS PURCHASE AGREEMENT is made and entered into on this day of
,20_, by and between MATTHEW J. HERMANSON AND
AMBER M. HERMANSON, HUSBAND AND WIFE, AS TO AN UNDIVIDED TWO-
THIRDS (2/3) INTEREST AND HOWARD D. GRADY, A SINGLE WOMAN, AS TO AN
UNDIVIDED ONE-THIRD (1/3) INTEREST, COLLECTLlVEL Y AS TENANTS IN
COMMON, whose mailing address is 14726 Indigo Lakes Circle, Naples, Florida 34119-
4824, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Seller owns certain improved property located at 790 291h Street NW
Naples, Florida 34120-1730, and more particularly described as Exhibit "A" which is
incorporated herein by reference, together with all buildings, structures and
improvements, fixtures, built-in appliances, refrigerators, stove, dishwasher, washer,
dryer, ceiling fans, floor coverings and window treatments (hereinafter referred to as
"Property"), and the personal property, jf any, as listed on the attached inventory, free
from liens;
WHEREAS, Purchaser requires the Property for right-of-way purposes as part of
the Vanderbilt Road Extension Project;
WHEREAS, Seller has agreed to sell and Purchaser has agreed to buy the
Property subject to the terms and conditions that follow.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. AGREEMENT
In consideration of the purchase price and upon the terms and conditions hereinafter set
forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the
Property.
2. PURCHASE PRICE
The purchase price (the "Purchase Price") for the Property shall be $560,000 (U.S.
Currency) payable at time of closing. None of this Purchase Price is attributed to any
personal property listed in the attached inventory. If this Agreement includes an
occupancy provision, the Purchase Price stated above will include a deduction for all
occupancy fees due under the term of this Agreement.
3. CLOSING
A. The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before ninety (90) days following
execution of this Agreement by the Purchaser but not later than June 11, 2007,
unless extended by mutual written agreement of the parties hereto. The Closing
shall be held at the Collier County Attorney's Office, Administration Building, 3301
Tamiami Trail East, Naples, Florida. Purchaser shall be entitled to possession as
of Closing, unless otherwise provided herein. Seller shall deliver the Property in
broom-clean and working condition, and free of all debris upon vacating the
premises.
Agenda Item No. 1682
March 13, 2007
Page 4 of 13
B. Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law.
At or before the Closing, the Seller shall cause to be delivered to the Purchaser the
items specified herein and the following documents and instruments duly executed
and acknowledged, in recordable form:
1, Warranty Deed in favor of Purchaser conveying title to the Property, free
and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
2. Combined Purchaser-Seller closing statement.
3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue the
policy contemplated by the title insurance commitment.
4. A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service,
5. Such evidence of authority and capacity of Seller and its representatives
to execute and deliver this Agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser's
counsel and/or title company.
C. At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
1. A negotiable instrument in an amount equal to Net Cash to Seller on the
Closing Statement. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not changed
adversely since the date of the last endorsement to the commitment,
referenced in "Requirements and Conditions" below, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller and
to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
2. Funds payable to the Seller representing the Purchase Price shall be
subject to adjustments and pro-rations as hereinafter set forth.
D. Seller, at its sole cost and expense, shall pay at Closing all documentary
stamp taxes due upon the recording of the Warranty Deed, in accordance with
Chapter 201.01, Florida Statutes, unless the Property is acquired under threat of
condemnation, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Article 8, "Requirements and
Conditions" below, shall be paid by Purchaser. The cost of the title commitment
shall also be paid by Purchaser.
E. Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
Page No.2
Agenda Item No. 1682
March 13, 2007
Page 5 of 13
4. PROPERTY CONDITION DISCLOSURES
A. General. Seller represents that Seller knows of no facts or conditions
materially affecting the value of the Property, except those which are readily
obseNable by Purchaser, or which have not been disclosed to Purchaser by Seller
in writing and furnished to Purchaser prior to the Effective Date of this Agreement.
B. Radon Gas. Florida law requires the following disclosure: Radon is a
naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding radon and radon
testing may be obtained from your county health department. Seller has no
knowledge of the existence of radon on the Property or any radon mitigation
having been performed on the Property.
C. Lead Based Paint/Paint Hazards. If construction of the residence on the
Property was commenced prior to 1978, Seller is required to complete, and Seller
and Purchaser are required to sign and attach to this Agreement, the addendum
entitled "Lead-Based Paint and/or Lead-Based Paint Hazards Attachment to Sales
Contract: Disclosure of Information and Acknowledgement."
D. Mold. Molds are commonly found both indoors and outdoors. Interior
infestation by certain molds may cause property damage and health problems for
some persons, Seller has no knowledge of any mold remediation having been
performed on the Property.
E. Warranty. Except as to any facts or conditions disclosed to Purchaser as
required under Section 5.A. above, Seller warrants that all major appliances and
equipment; sprinkler, well, septic, heating, cooling, electrical and plumbing and
security systems; major mechanical components; roof (including fascia and soffits);
ceiling; structural walls; foundation; swimming pool, spa and pool/spa deck;
seawalls; docks; boat lifts/davits and related electrical and mechanical
components, if any (collectively "Systems and Equipment") are in Working
Condition. "Working Condition" shall mean operating in a manner in which the
Systems and Equipment were designed to operate. The roof, ceiling, interior and
exterior walls, foundation, swimming pool, spa and pool/spa deck, if any, shall be
considered in Working Condition if structurally sound and watertight. Seawalls and
docks, if any, shall be considered in Working Condition if structurally sound. Seller
shall not be required to repair or replace any Cosmetic Condition. "Cosmetic
Condition" shall mean an aesthetic imperfection which does not affect the Working
Condition of the item, including corrosion; tears; worn spots; discoloration of floor
covering or wallpaper or window treatments; missing or torn screens; nail holes;
scratches; dents; chips; caulking; pitted pool surfaces; minor cracks in windows,
driveways, sidewalks, spa/pool decks and garage, tile, lanai and patio floors; and
cracked roof tiles, curling or worn shingles and limited roof life, so long as there is
no evidence of structural damage or leakage.
5. INSPECTIONS
A. Inspection Period. Purchaser shall have 30 days from the Effective Date
(Inspection Period) to have the Property and improvements thereon inspected at
Purchaser's expense as follows: (a) Systems and Equipment, by an appropriately
Florida licensed inspection company or licensed contractor, and/or (b) radon gas,
by a Florida certified radon measurement technician or specialist, and/or (c) lead-
based paint and hazards, by an EPA-certified lead exposure risk assessor, and/or
(d) termites or other wood-destroying organisms, by a certified pest control
operator (collectively the "Inspection Items"). Upon reasonable notice, Seller shall
provide access and utilities seNice to the Property to facilitate inspections.
Page No.3
Agenda Item No. 16B2
March 13, 2007
Page 6 of 13
B. Election and Response. If any inspection conducted during the Inspection
Period reveals: (1) that any Systems and Equipment are not in Working Condition,
and/or (2) the presence of radon gas at a level in excess of EPA action levels,
and/or (3) the presence of lead-based paint or paint hazards required abatement
under HUD/EPA protocols, and/or (4) the existence of active infestation by termites
or other wood-destroying organisms and/or visible damage caused by active or
past infestation (collectively the "Defective Inspection Items"), Purchaser shall,
within 15 days after expiration of the Inspection Period: (a) notify Seller of any
Defective Inspection Items, and (b) furnish to Seller a copy of the inspection
report(s) documenting the Defective Inspection Items, and (c) notify Seller of
Purchaser's election either to: (i) receive a credit from Seller at closing in lieu of
any repairs, replacements, treatment, mitigation or other remedial action necessary
to bring the Defective Inspection Items into compliance with the relevant standards
set forth above (the "Remedial Action"), or (ii) have Seller take Remedial Action at
Seller's expense prior to closing. If Purchaser elects to receive a credit, the
amount of the credit shall be equivalent to the estimated costs of any Remedial
Action and shall be determined not later than the earlier of Seller's Response
Deadline, or 10 days prior to the Closing. If Purchaser elects (i), Seller shall not be
required to take any Remedial Action. If Purchaser makes no election, Purchaser
shall be deemed to have elected to receive a credit at Closing,
C. Not later than 15 days from receipt of the written notice and inspection
report(s) from Purchaser ("Seller's Response Deadline"), Seller shall notify
Purchaser whether Seller will give Purchaser credit equal to the cost of repairs or
take remedial action, whichever is requested by Purchaser. If Seller refuses
Purchaser's election by the Seller's Response Deadline, then Purchaser may
terminate this Agreement within 10 days of Seller's Response Deadline. If
Purchaser does not elect to so terminate this Agreement, Purchaser is deemed to
have accepted the Property in the condition it existed on the Effective Date, except
that Purchaser retains the rights set forth in Section 6.G. (Walk Through
Inspection) below. If Seller fails to respond by the Seller's Response deadline,
Seller shall be deemed to have accepted Purchaser's election and Purchaser may
receive credit at Closing as set forth above.
D. If Purchaser does not have the Inspection Items inspected, or fails to do so
within the Inspection Period, or fails to timely report any Defective Inspection Items
to Seller, Purchaser shall be deemed to have accepted the Property in the
condition it existed on the Effective Date, except that Purchaser retains the rights
set forth in Section 6.G, (Walk Through Inspection) below.
E. Remedial Action shall be deemed to have been properly performed if (1) the
Systems and Equipment are placed in Working condition (as defined above), (2)
radon gas within the residence on the Property is reduced to below EPA action
levels, (3) lead-based paint and paint hazards on the Property are removed or
contained in accordance with HUD/EPA guidelines, and (4) any active infestation
of termites or other wood-destroying organisms is exterminated or treated, and all
visible damage caused by active or past infestation is repaired or replaced. Seller
shall make a diligent effort to perform and complete all Remedial Action prior to the
Closing Date, failing which a sum equivalent to 150% of the estimated costs of
completing the Remedial Action shall be paid by Seller into escrow at Closing
pending completion.
F. No cost to repair or replace any Systems and Equipment shall exceed the fair
market value of that item if it were in Working Condition. If the costs do exceed fair
market value, than either Seller or Purchaser may elect to pay such excess, failing
which, either party may terminate this Agreement upon written notice.
G. Walk-ThrouQh Inspection. Purchaser (or a designated representative) may
conduct a walk-through inspection of the Property prior to Closing and prior to
possession, to confirm: (1) completion of any Remedial Action agreed to by Seller
in Section 6.B "Election and Response" above, (2) that the personal property items
which are being conveyed as part of this Agreement remain on the Property, (3)
Page No.4
Agenda Item No. 1682
March 13,2007
Page 7 of 13
that the personal property items which are not being conveyed as part of this
Agreement have been removed from the Property, and (4) that Seller has
maintained the Property as required in Articles 3 and 7. Upon reasonable notice,
Seller shall provide access and utilities service to the Property to facilitate the walk-
through inspection.
H. Inspections durinq Occupancy, Purchaser may enter upon the Property with
at least 24-hour notice to Seller for purposes of inspecting the Property for
compliance with the terms of Article 4 of this Agreement or effecting repairs.
6. RISK OF LOSS
Seller shall maintain the Property (including without limitation the lawn, shrubbery, and
landscaping) in the condition existing on the Effective Date until Closing or date of
Purchaser's possession, whichever is later, except for ordinary wear and tear and any
Remedial Action agreed to by Seller under Section 68 above. Any future loss and/or
damage to the Property between the Effective Date and the Closing or date of
Purchaser's possession, whichever is earlier, shall be at Seller's sole risk and expense,
except as provided in Article 4.
7. REQUIREMENTS AND CONDITIONS FOR CLOSING
Upon execution of this Agreement by both parties or at such other time as specified
within this Article, Purchaser and/or Seller, as the case may be, shall perform the
following within the times stated, which shall be conditions precedent to the Closing:
A. Purchaser shall obtain as evidence of title an AL TA Commitment for an
Owner's Title Insurance Policy (AL TA Form 8-1970) covering the Property,
together with hard copies of all exceptions shown thereon. Purchaser shall have
fifteen (15) days, from the effective date of this agreement to notify Seller in writing
of any objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the Seller
written notice of its intention to waive the applicable contingencies or to terminate
this Agreement.
8. If Purchaser shall fail to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall
have thirty (30) days to remedy any defects in order to convey good and
marketable title, except for liens or monetary obligations which will be satisfied at
Closing. Seller, at its sole expense, shall use its best efforts to make such title
good and marketable, In the event Seller is unable to cure said objections within
said time period, Purchaser, by providing written notice to Seller within seven (7)
days after expiration of said thirty (30) day period, may accept title as it then is,
waiving any objection, or may terminate the Agreement.
C, Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the Effective Date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida, No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A." unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered Florida
surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack of
legal access to a public roadway, the Purchaser shall notify the Seller in writing of
such encroachment, projection, or lack of legal access, and Seller shall have the
option of curing said encroachment or projection, or obtaining legal access to the
Property from a public roadway. Purchaser shall have thirty (30) days from the
Effective Date of this Agreement to notify Seller in writing of any such objections.
Page No.5
Agenda Item No. 1682
March 13, 2007
Page 8 of 13
Should Seller elect not to or be unable to remove the encroachment, projection, or
provide legal access to the property within thirty (30) days from the date of receipt
of said notification, Purchaser, by providing written notice to Seller within seven (7)
days after expiration of said thirty (30) day period, may accept the Property as it
then is, waiving any objection to the encroachment, or projection, or lack of legal
access, or Purchaser may terminate the Agreement. A failure by Purchaser to give
such written notice of termination within the time period provided herein shall be
deemed an election by Purchaser to accept the Property with the encroachment, or
projection, or lack of legal access.
8. TERMINATION AND REMEDIES
A. If Seller shall have failed to perform any of the covenants and promises
contained herein, which are to be performed by Seller, within fifteen (15) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity to
a contract vendee, including the right to seek specific performance of this
Agreement.
B. If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon $1,180.00 shall be paid to Seller as
liquidated damages which shall be Seller's sole and exclusive remedy, and neither
party shall have any further liability or obligation to the other except as set forth in
Article 1, Real Estate Brokers, hereof. The parties acknowledge and agree that
Seller's actual damages in the event of Purchaser's default are uncertain in amount
and difficult to ascertain, and that said amount of liquidated damages was
reasonably determined by mutual agreement between the parties, and said sum
was not intended to be a penalty in nature.
C. The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties, and take into account the peculiar risks and expenses of
each of the parties.
9. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
Seller intends for Purchaser to rely on the representations contained in this Article in
entering into this Agreement and warrants the following:
A. Seller has full right and authority to enter into and to execute this Agreement
and to undertake all actions and to perform all tasks required of each hereunder.
Seller is not presently the subject of a pending, threatened or contemplated
bankruptcy proceeding.
B. Seller has full right, power, and authority to own and operate the Property,
and to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals
shall be delivered to Purchaser and/or Seller, if necessary.
C. The warranties set forth in this Article are true on the Effective Date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the
said Property shall not be deemed to be full performance and discharge of every
Page No, 6
Agenda Item No. 1682
March 13, 2007
Page 9 of 13
agreement and obligation on the part of the Seller to be performed pursuant to the
provisions of this Agreement.
D. Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property
that could, if continued, adversely affect Seller's ability to sell the Property to
Purchaser according to the terms of this Agreement.
E. No party or person other than Purchaser has any right or option to acquire the
Property or any portion thereof.
F. Until the date fixed for Closing or as long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any
rights with respect to the Property or any part thereof, without first obtaining the
written consent of Purchaser to such conveyance, encumbrance, or agreement
which consent may be withheld by Purchaser for any reason whatsoever.
G. Seller represents that they have (it has) no knowledge that any pollutants are
or have been discharged from the Property, directly or indirectly into any body of
water. Seller represents the Property has not been used for the production,
handling, storage, transportation, manufacture or disposal of hazardous or toxic
substances or wastes, as such terms are defined in applicable laws and
regulations, or any other activity that would have toxic results, and no such
hazardous or toxic substances are currently used in connection with the operation
of the Property, and there is no proceeding or inquiry by any authority with respect
thereto. Seller represents that they have (it has) no knowledge that there is ground
water contamination on the Property or potential of ground water contamination
from neighboring properties. Seller represents no storage tanks for gasoline or
any other hazardous substances are or were located on the Property at any time
during or prior to Seller's ownership thereof. Seller represents none of the
Property has been used as a sanitary landfill.
H. Seller has no knowledge that the Property, and/or that Seller's operations
concerning the Property, are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or regulation
or requiring or calling attention to the need for any work, repairs, construction,
alterations or installation on or in connection with the Property in order to comply
with any laws, ordinances, codes or regulation with which Seller has not complied.
I. There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there
are no maintenance, construction, advertising, management, leasing, employment,
service or other contracts affecting the Property.
J. Seller has no knowledge that there are any suits, actions or arbitration, bond
issuances or proposals therefore, proposals for public improvement assessments,
pay-back agreements, paving agreements, road expansion or improvement
agreements, utility moratoriums, use moratoriums, improvement moratoriums,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which affects
the Property or which adversely affects Seller's ability to perform hereunder; nor is
there any other charge or expense upon or related to the Property which has not
been disclosed to Purchaser in writing prior to the Effective Date of this
Agreement.
K. Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Page No. 7
Agenda Item No. 1682
March 13, 2007
Page 10 of 13
Property to change from its existing state on the effective date of this Agreement
up to and including the date of Closing. Therefore, Seller agrees not to enter into
any contracts or agreements pertaining to or affecting the Property and not to do
any act or omit to perform any act which would adversely affect the zoning or
physical condition of the Property or its intended use by Purchaser. Seller also
agrees to notify Purchaser promptly of any change in the facts contained in the
foregoing representations and of any notice or proposed change in the zoning, or
any other action or notice, that may be proposed or promulgated by any third
parties or any governmental authorities having jurisdiction of the development of
the property which may restrict or change any other condition of the Property.
L. Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall be in
accordance with, but not limited to, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq.,
("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund
Amendment and Reauthorization Act of 1986 ("SARA"), including any
amendments or successor in function to these acts. This provision and the rights
of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of title.
1 O. NOTICES
Any notice, request, demand, instruction or other communication to be given to either
party hereunder shall be in writing sent by facsimile with automated confirmation of
receipt, or registered or certified mail, return receipt requested, postage prepaid or
personal delivery addressed as follows:
If to Purchaser:
With a copy to:
If to Seller:
Transportation Engineering & Construction Management
Attn: Kevin Hendricks
Right-of-way Acquisition Manager
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-774-5846
Fax 239-213-5885
Ellen T. Chadwell
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone 239-774-8400
Fax 239-774-0225
Matthew J. Hermanson,
Amber M. Hermanson, and
Howard D. Grady
14726 Indigo Lakes Circle
Naples, Florida 34119-4824
The addressees, addresses and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party in the
manner provided herein. For the purpose of changing such addressees, addresses and
numbers only, unless and until such written notice is received, the last addressee and
respective address stated herein shall be deemed to continue in effect for all purposes.
Notice shall be deemed given in compliance with this Article upon receipt of automated
Page No.8
Agenda Item No. 1682
March 13, 2007
Page 11 of 13
fax confirmation or upon on the fifth day after the certified or registered mail has been
postmarked, or receipt of personal delivery.
11. REAL ESTATE BROKERS
Any and all brokerage commissions or fees shall be the sole responsibility of the Seller
and shall be paid at Closing. Seller shall indemnify Purchaser from and against any aim
or liability for commission or fees to any broker or any other person or party claiming to
have been a procuring clause or engaged by Seller as a real estate broker, salesman or
representative, in connection with this Agreement.
12. MISCELLANEOUS
A. This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
B. This Agreement and the terms and provisions hereof shall be effective as of
the Effective Date and shall inure to the benefit of and be binding upon the parties
hereto and their respective heirs, executors, personal representatives, successors,
successor trustee, and assignees whenever the context so requires or admits.
C. Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
D. Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or limit
the scope or intent of this Agreement or any provisions hereof.
E. All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
F. No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as to
such provision or a waiver as to any other provision.
G. If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
H. If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to s. 286.23, Fla.
Stat., under oath, of the name and address of every person having a beneficial
interest in the Property before Property held in such capacity is conveyed to Collier
County. (If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock
is for sale to the general public, it is hereby exempt from the provisions of Chapter
286, Florida Statutes.)
I. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
J. The Effective Date of this Agreement will be the date of execution of this
Agreement by the last signing party.
K. This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and there are no promises, representations,
Page NO.9
Agenda Item No. 1682
March 13,2007
Page 12 of 13
warranties or covenants by or between the parties not included in this Agreement.
No modification or amendment of this Agreement shall be of any force or effect
unless made in writing and executed and dated by both Purchaser and Seller.
L. TIME IS OF THE ESSENCE to this Agreement.
M. Seller may not assign, sublease, or license any rights arising under this
Agreement without the written consent of the Purchaser.
N. The parties hereto agree and acknowledge that this Agreement is not a lease
but rather a contract for occupancy (extended possession) of the Property as a
condition of sale which is not subject to Chapter 83, Florida Statutes. The parties
do not intend to invoke any of the obligations or remedies contained in Chapter 83,
and the terms and conditions contained herein shall be construed in accordance
with the parties intent and shall be given their plain meaning without reference or
application of s. 83.43, Fla. Stat., or any other portion of Chapter 83.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
Acquisition Approved by BCC pursuant to Resolution No.
day of ,20_, agenda item no.
approved on the
AS TO PURCHASER:
DATED:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES COLETTA, Chairman
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER:
DATED:
Witness (Signature)
Matthew J. Hermanson
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Amber M, Hermanson
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Page No, 10
Agenda Item No. 1682
March 13, 2007
Page 13 of 13
Witness (Signature)
Howard D. Grady
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Assistant County Attorney
Last Revised: 2/1/07
Last Revised: 2/1/07
Page No. 11
Agenda Item No. 1683
March 13, 2007
Page 1 of 15
/-'
EXECUTIVE SUMMARY
Recommendation to approve Change Order No. 2 to Professional Service
Agreement No. 03-3553 in the amount of $995,500 with CH2MHILL, Inc., for the
design of Collier Boulevard Road Improvements from Davis Boulevard to Golden
Gate Main Canal, combining this project with FDOT Davis Boulevard
Improvements and Post Design Services, Project No. 60001.
OBJECTIVE: To receive Board approval of the negotiated Change Order No.2 for
Engineering and Permitting Services to be provided by CH2MHill, Inc., for capacity
improvements to Collier Boulevard, Project No. 60001.
CONSIDERATION: Contract 07-4124 is currently being advertised for bids to widen
Collier Boulevard to six lanes from US-41 to Davis Boulevard. Change Order 2 expands
the design contract to provide for a future construction project combining FDOT Davis
Boulevard Improvements with improvements to Collier Boulevard. The expanded project
will widen Collier Boulevard to 8-lanes through the 1-75 Interchange and conclude at the
bridge over the Main Golden Gate Canal. This Change Order also provides Post Design
Services for Contract 07-4124 and the future contract to be advertised in early 2008.
,,--
FISCAL IMPACT: Funds in the amount of $995,500.00 are available within the
Transportation Supported Gas Tax Fund and Road Impact Fee Funds. Source of funds are
in gas tax and impact fees.
GROWTH MANAGEMENT IMPACT: The project is currently identified on the
Capital Improvement Plan as CIE 61 is consistent with the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve Change
Order No.2 to Professional Services Agreement No. 03-3553 with CH2MHill, Inc., in
the amount of $995,500 for design and engineering services for roadway and capacity
improvements to Collier Boulevard from US 41 to Main Golden Gate Canal, and
authorize the Chairman to execute the agreement on behalf of the County.
Prepared by: Gary R. Putaansuu, Principal Project Manager, TECM
Attachments: (1) Change Order No.2; (2) Change Order Checklist; (3) Backup
Document - Fees; (4) Scope
,,--
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16B3
March 13, 2007
Page 2 of 15
COLLIER COUNTY
BOARD Of COUNTY COMMISSIONERS
16B3
Recommendation to approve Change Order No.2 to ProfessIonal ServIce Agreement No
03-3553 In the amount of 5995,500,00 with CH2MHILL. Inc" for the design of Collier
Boulevard Road Improvements from Davis Boulevard to Golden Gale Main CanaL combining
this project with FOOT Davis Boulevard I mprovements and Post Design Services, Project No,
60001,
3/1312007 9 0000 AM
Senior Project Manager
Date
Prepared By
Gary Putaansuu
Transportation Services
Transportation Engineering and
Construction
2/26/20072:19:58 PM
Approved By
Transportation Division Administrator
Date
Norm E, Feder, AICP
Transportation Services
Transportation Services Admin.
2/27/20073:25 PM
Approved By
Date
Najeh Ahmad
Transportation Services
Director
Transportation Engineering &
Construction Management
2128120077:52 AM
App roved By
Contract Specialist
Date
Rhonda Rembert
Administrative Services
Purchasing
2128/2007 11 :45 AM
Approved By
ManagementlBudget Analyst
Date
Lisa Taylor
Transportation Services
Transportation Administration
2/28120074:10 PM
Accounting Supervisor
Date
Approved By
Sharon Newman
Transportation Services
Transportation Services Admin
31112007 2:32 PM
Approved By
Purchasing/General Svcs Director
Date
Steve Carnell
Administrative Services
Purchasing
311120074:34 PM
Approved By
Executive Secretary
Date
Pat Lehnhard
Transportation Services
Transportation Services Admin
3/1/2007 4:40 PM
Approved By
Administrative Assistant
Date
OMS Coordinator
County Manager's Office
Office of Management & Budget
31212007 9:28 AM
Approved By
Senior ManagementfBudget Analyst
Date
Susan Usher
County Manager's Office
Office of Management & Budget
31212007 5:44 PM
Approved By
County Manager
Date
James V. Mudd
Board of County
Commissioners
County Manager's Office
3151200710:43 AM
GUIDELINES FOR COMPLETING THE
CONTRACTIWORK ORDER MODIFICATION CHECK LIST FORM
Agenda Item No. 1683
March 13, 2007
Page 3 of 15
1. Document circumstances prompting the changers) request by...
a. Identifying who initiated the change request
b. Identifying the nature of the change
2. Analyze the change request to determine:
a. The hard and soft costs of the change and the appropriateness of each
b. The benefits of the change
c. The impact(s) of the change on the project
d. The impact of the change on the overall success/failure of the project
3. If the change is deemed justified, review the original contract to determine or verify...
a. Whether the change is consistent with existing project scope
b, The existing terms and conditions (e.g.; price and schedule)
c. That the proposed change is not included within the existing scope
d. The protocol for authorizing changes to the agreement
4. Document the analysis of and the justification(s) for the change.
5. Obtain preliminary review and input from one of more of the following:
a. Other project managers
b. Immediate supervisor
c. Appropriate 3rd party consultants
d. Purchasing Contract Specialist
e. County Attorney Office
f. Risk Management Department
g. Other County departments materially impacted by the change.
6. Certify the appropriateness of the change based on the information gathered in steps 1-5.
7. If the change is not deemed justified, notify the appropriate parties and include the documentation
gathered to date in the project file.
8. If the change is deemed justified, identify the appropriate contract instrument and clearly state the
benefit or value that the change has to the project. . (Change Order, Amendment, Work Orders or
Supplemental Agreement).
9. Prepare and process the change document in accordance with...
a. The terms and conditions of the existing agreement
b. The County's Contract Administration Procedures,
c. Check the numbers and percentages for accuracy.
d. Sign the Contract Modification Form
e. Submit the form with back up documentation attached to Purchasing for review
Form Retrieved From:
I/Forms/County Forms/Purchasing Forms/Contract Modification Checklist
Revised 10.24.2006
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 1683
March 13, 2007
60001 Page 4 of 15
PROJECT NAME: Collier Boulevard. US41 to Main Golden Gate Canal PROJECT #:
BID/RFP #:
03-3553 MOD #: -1-PO#:
WORK ORDER #:
CONTRACTOR/FIRM NAME: CH2MHiII
DEPARTMENT: TE&CM
Current BCC Approved Amount:
$ 2.264.000.00
(Starting Point)
$ 2.264.000.00
(Last Total Amount Approved by the BCC)
Original Contract Amount:
Current Contract Amount:
$ 2.264,000.00
(Including All Changes Prior To This Modification)
Revised ContractIWork Order Amount:
$ 995,500.00
$ 3.259.500.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 995.500.00
Change Amount:
Date of Last BCC Approval Julv 27.2004 Agenda Item # 10K
Percentage of the change over/under current contract amount 43.97 %
Formula: (Revised Amount / 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 BCC by the purchasing department. CCNA Work Orders: For all work orders that
exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing
Department to the BCC 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 BCC amount, then BCC 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: Februarv 24,2009
CURRENT: 10/17/2010
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Chanae Order No.2 provides comoensatiDn for desian of
an a-lane roadwav throuah the 1-75 Interchanae with Collier Boulevard from Davis Boulevard to Main Golden Gate Canal. for
combinina this additional work with FDOT improvements to Davis Boulevard from Radio Road to Collier Boulevard and for
Post Desian Services for current and future proiects. An additional six hundred days is added to carry this contract throuah
construction, certification and proiect closure.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Contract 07-4124
is currentlv beina advertised for six-Ianina of Collier Boulevard from US-41 to Davis. The benefit of this chanae order is that it
will address the needed capacity imDrovements to the Davis/Collier Boulevard Intersection and to the Interchanae with 1-75.
The desian is to be completed in one year and should be advertised for bids in the second year of contract 07-4124.
PARTIES CONTACTED REGARDING THE CHANGE: TE&CM Director and the Desian Consultant
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices. fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY:
Date:
Principal Project Manager
REVIEWED BY: Date:
Contract Specialist
PREPARED BY: Date:
Gary R. Putaansuu, P .E.
Principal Project Manager
APPROVED BY: Date:
Jay Ahmad, P.E. Director, Transportation
Engineering and Construction Management
APPROVED BY: Date:
Norman E. Feder, AICP, Administrator
Transportation Services Division
Revised 10.24.2006
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Agenda Item No. 1683
March 13. 2007
Page 6 of 15
ATTACHMENT A
SCOPE OF SERVICES
FOR
SUPPLEMENTAL AGREEMENT NO.1
TO
CONSULTING ENGINEERING SERVICES AGREEMENT
FOR
COLLIER BOULEVARD (C.R. 951)
(US 41 to Davis Boulevard)
PROJECT NO. 60001
February 22,2007
DESCRIPTION
Supplemental Agreement No.1 provides for the CONSULTANT'S services to be expanded to:
1) Provide plans, specifications, cost estimates and permits for widening of Collier Blvd.
from 4 -lanes to 8-lanes between Davis Blvd. and the Main Golden Gate Canal
(approximately 7000 ft - 1.4 miles); widening of Beck Blvd. from 2 to 4 lanes from Davis
Blvd. to a point 1800 feet to the east; and redesign of 1500 feet of the 1-75 northbound
exit ramp (TASK 1).
2) Provide Post Design Services for two (2) projects. The Collier Boulevard (US 41 to Davis
Boulevard) and the Collier Boulevard (Davis Boulevard to Main Golden Gate Canal)
Projects.
PART 1. - SCOPE OF WORK
TASK 1:
The CONSULTANT will provide engineering services required for extending the Collier
Boulevard Improvements to the north between Davis Blvd. and the Main Golden Gate Canal (1.4
miles). This task includes meetings, coordination, engineering calculations, design analysis, and
plan additions to Collier County Project No. 60001. Sub-tasks required to complete the design are
shown below, associated fees are shown in Attachment B.
1.1
Data Collection
Field reviews of project site, review of
As-Built bridge and utility data, review
C:\Docwnents and Settings\mmatizpa\Desktop\Collier South Supplement_Davis to GG Canal SOW _1121 06.doc
Attachment A
Supplemental Agreement No.1
Collier Boulevard (CR 951) - US 41 to Davis Blvd
Project No. 60001
February 22, 2007
1.2
Project Coordination
1.3
Preliminary Concepts, Roadway
Analysis and Design
1.4
Bridge Studies
1.5
1.6
1.7
Key sheet:
General Notes
Drainage Maps
1.8 Typical Section
1.9 Summary of Pay Items
1.10 Summary of Drainage Structures
1.11 Project Layout
1.12 Survey Control Sheet
1.13 Plan and Profile Sheets
1.14
Intersection Layout/Detail Sheet
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Agenda Item No. 1683
March 13, 2007
Page 7 of 15
of existing survey data, photo log of
project site
Coordination with FDOT, FHW A,
Collier County and Developers
Study proposed roadway alignment to
accommodate 8 lanes, future FDOT
improvements to the 1-75 interchange,
including the design of the approved
concept, City Gate PUD, Collier Blvd
Mixed Use Commerce Center PUD,
Golden Gate Commerce Center PUD,
and Beck Blvd widening and transition to
a 2 lane section.
Evaluate the Main Golden Gate Canal
bridge to determine
widening/replacement options
Prepare new sheet
Prepare new sheet
New Sheets required (6) for the extended
area. Calculate areas of the new
impervious area for permits. Determine
drainage areas for basin calculations.
Prepare (4) new typical sections sheets
Prepare (3) new sheets
New Sheet required (3) for Drainage
Structures - Assume Closed System
Prepare new sheet
Prepare new sheet
Prepare (15) sheets for the length of
improvements (11800' @800' per sheet).
Profile may need modification to reflect
a closed drainage system.
Intersection Plans for seven (7)
intersections (Davis Blvd, 1-75 NB
Ramps, 1-75 SB ramps, 2 developers).
2/28/2007
Attachment A
Supplemental Agreement No.1
Collier Boulevard (CR 951) - US 41 to Davis Blvd
Project No. 60001
February 22, 2007
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
Storm DrainlDitch/Outfall Design
Drainage Report
Drainage Structure Sheets
Drainage Pond !Lateral Ditch Design
(Plans & Cross Sections)
Drainage Details
SWPPP
Soil Survey Sheet
Cross Sections
Traffic Control Analysis
Traffic Control General Notes and
Details
Traffic Control Plans and Cross
Sections
Temporary Traffic Signals
Utility Identification/Coordination
Agenda Item No. 1663
March 13, 2007
Page 8 of 15
Design for drainage features along length
of improvements
The design assumes no modification of
the 1-75 SFWMD Permit. DOT is
amenable to accept the additional runoff
into their project system. No water
management modeling of the 1-75 system
is included in this SOW
(20) Sheets required for the length of
improvements. New structures to reflect
a closed drainage system.
Assumed (2) water management areas
will be required for storm water
treatment and attenuation
Drainage Details (1) required for
additional Ponds and outfall structures
Prepare new sheets
Prepare new sheet
(58) Sheets required for the length of
improvements. Calculate volumes.
11800' @ 100' sections.
Traffic data and modeling will be
provided by County
General notes, Typical Section and
staging (2) for construction through 1-75
interchange.
(20) Sheets required to show construction
of improvements on Collier Blvd and
Beck Blvd. Two phases assumed
(11800' at 1600' per sheet)
(8) temporary signals required at 1-75
ramps during construction
Identification of existing utilities along
project extension and coordination with
the UAO's
C:\Documents and Settings\mmatizpa\Desktop\Collier South Supplement_Davis to GG Canal SOW _1121 06.doc
2/28/2 007
Attachment A
Supplemental Agreement No.1
Collier Boulevard (CR 951) - US 41 to Davis Blvd
Project No. 60001
February 22,2007
1.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
1.36
1.37
Utility General Notes and Details
Utility Adjustment Sheets
Signing and Marking Plans
Signing and Marking - Guide Sign
Signalization Analysis and Plans
Lighting Analysis and Plans
Structure Plans
Structure Plans - Retaining Wall
Quantities/Cost Estimate
Permit
Agenda Item No. 1683
March 13, 2007
Page 9 of 15
Prepare (1) new sheet
(15) Sheets required (8) for the length of
improvements (11800' @800' per sheet).
Show existing utility information
obtained from field survey, as-built
research and SUE on sheets
(14) Sheets required for the length of
improvements (11800' @1600' per
sheet) for the signing and pavement
markings.
Sheets required (2) to show Intersection
and Interchange Guide Signs - assumed
6 new signs (4 Interchange - 2 each
direction; 2 Intersection). Signage on
existing I - 7 5 bridges is not included in
this estimate
Analysis and design for 4 new signalized
intersections. (15) Sheets required to
show plans for the additional Signals (1-
75 NB Ramps, 1-75 SB ramps, 2
developments)
Analysis and Design of lighting features
for half 0 f the length of improvements.
(15) Sheets required for the length of
improvements (11800' @1600' per
sheet). No modification to FDOT High
Mast Lighting
(2) Sheets required for 14 signal poles
and 4 over head sign structures.
(12) Sheets required for retaining walls
tie-back under 1-75
Prepare quantities and cost estimate to
reflect additional length of
improvements.
Prepare permit data to reflect new
drainage areas, pervious/impervious
calculations for the additional
improvements. Assumes (2) water
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2/28/2007
Attachment A
Supplemental Agreement No. 1
Collier Boulevard (CR 951) - US 41 to Davis Blvd
Project No. 60001
February 22,2007
Agenda Item No. 1683
March 13, 2007
Page 10 of 15
1.38 Specifications
1.39 Utility Locates
1.40 Geotech
1.41 Survey
1.42 Project Management
management areas.
Prepare Project Specifications
SUE Investigation
Geotechnical Investigation
Survey for Project
Coordinate with OWNER and COUNTY
staff. Attend meetings, provide proj ect
management, coordination.
1.43
1.44
Quality Assurance/Quality Control
Drainage Review and Coordination
QAJQC for plans & calculations.
Drainage reviews and Coordination for
Davis Boulevard Project.
TASK 2:
The CONSULTANT will provide Post Design Services for two (2) projects. The Collier
Boulevard (US 41 to Davis Boulevard) and the Collier Boulevard (Davis Boulevard to Main
Golden Gate Canal) Projects. This task includes meetings, coordination, shop drawing reviews,
RFI responses, field meetings, plan modifications and SFWMD Certification. Sub-tasks required
to provide Post Design Services and associated fees are shown in Attachment B.
PART 2. - PROJECT SCHEDULE:
The project design schedule for design services shall be:
TASK 1: Plans and Permit: 12 months from NTP
TASK 2: Project No.1 (US 41 to Davis) - 24 Months, Project No.2 (Davis to Main
Golden Gate Canal) - TBD
PART 3. - EXCLUSIONS:
The following tasks are not included in the Scope of Work for this Supplement:
1. Services other than those specifically listed above.
2. Services requiring more effort than that listed in the Fee Schedule.
3. Threatened and Endangered Species Survey
4. Any tasks associated with obtaining additional ROW including Sketch and
Descriptions for additional ROW Parcels
5. Jurisdictional Wetland Delineation Survey and Wetland Permit Preparation
C:\Documents and Settings\mmatizpa\Desktop\Collier South Supplement_Davis to GO Canal SOW _1121 06.doc
2/2812007
Attachment A
Supplemental Agreement No.1
Collier Boulevard (CR 951) - US 41 to Davis Blvd
Project No. 60001
February 22, 2007
Agenda Item No. 1683
March 13,2007
Page 11 of 15
6. Utility Relocation Designs or New Utility Designs
7. Signalization at Collier Blvd. and Davis Blvd. intersection
8. Main Golden Gate Canal bridge widening design.
9. Preparation of Biological Opinions
PART 4. - ASSUMPTIONS:
The following tasks are not included in the Scope of Work for this Supplement:
1. Plans and Permit will be a separate project from 60001
2. Existing pavement will be utilized and widened.
C :\Documents and Settings\mmatizpa'Desktop\Collier Soulh Supplement_Davis to GG Canal SOW _1121 06.doc
2/28/:2007
CHANGE ORDER
Agenda Item No. 1663
March 13, 2007
Page 12 of 15
CHANGE ORDER NO.
2
CONTRACT NO.
BCC Date:
Agenda Item:
03-3553
July 27.2004
10K
TO: CH2M HILL
5801 Pelican Bay, Suite 505
Naples, FL 34108
DATE: 2-7-07
PROJECT NAME: Collier Boulevard. US-41 to Davis Blvd
PROJECT NO.: 60001
Under our AGREEMENT dated March 23
,2007.
You hereby are authorized and directed to make the following change(s) in accordance with
terms and conditions of the Agreement: (See attached Attachment "A")
FOR THE Additive Sum of: Nine hundred ninety-five thousand five hundred dollars and zero cents.
($ 995.500.00 ).
Present Agreement Amount
$
$
$
$
2,264,000.00
0.00
Original Agreement Amount
Sum of Previous Changes
This Change Order (Add) (Deduct)
995,500.00
3,259,500.00
The time for completion shall be increased by 600 calendar days due to this Change
Order. Accordingly, the Contract Time is now 2235 calendar days. The substantial completion
date is October 17, 2010 and the final completion date is October 17. 2010
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:
CONTRACTOR: CH2MHILL
,2007
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
JOHN MOGGE, P.E.
SET Region Business Group Manager
By:
Gary Putaansuu, P.E. Principal Proj. Mgr.
Jay Ahmad, P.E. Director, Transportation
Engineering and Construction Management
By:
Norman E. Feder, AICP, Administrator
Transportation Services Division
BY:
Revised 2/24/2005
EXHIBIT A
SCHEDULE A
SCHEDULE OF FEES FOR BASIC SERVICES
Agenda Item No. 1683
March 13, 2007
Page 13 of 15
CH2M HILL
Collier Boulevard - Additional Design Services
from US-41 to Golden Gate Canal
Collier County Project No. 60001
Schedule of Fees for Basic Services
Task 6. Collier Boulevard/Davis Blvd to Golden Gate Canal $745,500.00
Data Collection, Project Coordination, Preliminary
Concepts, Roadway Analysis and Design, Bridge
Studies, PS&E Preparation, Drainage, Permits,
Traffic Control Analysis and plans, Temporary Signals,
Utilities, Signing, Signals, Lighting, Structures and
Project management and Coordination with FOOT
and their consultant.
Lump Sum
Task 7. Post Design Services - US-41 to Golden Gate Canal $250,000.00
Pre-contract Award Meetings
Project Kick-off and Progress Meetings
Review Shop Drawings and contractor submittals
Respond to RFI and intents to claim
Field Coordination and conflict resolution
End of project Review and certification
Time &
Materials
Not to Exceed
Total for Task 1 and Task 2
$995,500.00 I
Revised 2/24/2005
Agenda Item No. 1683
March 13, 2007
Page 14 of 15
SCHEDULE B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
Classification $/HR
Principal Engineer $147.95
Proiect Manaoer $132.42
Senior Engineer $105.04
Enoineer/Designer $90.25
Environmental Engineer $83.59
Senior Technician $72.50
Technician $53.26
Senior Clerical $51.78
Clerical $39.95
Revised 2/24/2005
SCHEDULE C
PROJECT SCHEDULE
Agenda Item No. 16B3
March 13, 2007
Page 15 of 15
CH2M HILL
Collier Boulevard - Additional Design Services
from US-41 to Golden Gate Canal
Collier County Project No. 60001
Task 6. Collier Boulevard/Davis Blvd to Golden Gate Canal
Data Collection, Project Coordination, Preliminary
Concepts, Roadway Analysis and Design, Bridge
Studies, PS&E Preparation, Drainage, Permits,
Traffic Control Analysis and plans, Temporary Signals,
Utilities, Signing, Signals, Lighting, Structures and
Project management and Coordination with FDOT
and their consultant.
365
Days**
Task 7. Post Design Services - US-41 to Golden Gate Canal
Pre-contract Award Meetings
Project Kick-off and Progress Meetings
Review Shop Drawings and contractor submittals
Respond to RFI and intents to claim
Field Coordination and conflict resolution
End of project Review and certification
600
Days**
** The time for Tasks 1 and 2 runs concurrently
Revised 2/24/2005
Agenda Item No. 16C1
March 13, 2007
Page 1 of 16
EXECUTIVE SUMMARY
,-
Recommendation to approve a Resolution authorizing the submission of a State Revolving
Fund low-interest Construction Loan Application and authorizing the Loan Agreement
with the Florida Department of Environmental Protection for Collier County's South
County Regional Water Treatment Plant (SCRWTP) 12 Million Gallons per Day (MGD)
Reverse Osmosis (RO) Expansion, Project No. 700971.
OBJECTIVE: The public purpose is to expand the RO water treatment capacity at the South
County Regional Water Treatment Plant (SCRWTP) by 12 MGD to a total of 20 MGD. This
action request is to allow the County to obtain a State Revolving Fund (SRF) low-interest
Construction Loan for this project.
CONSIDERATIONS: On October 11, 2005, Agenda Item 10 G; the Board of County
Commissioners awarded contact #05-3879 to The Poole and Kent Company, for the construction
of the SCRWTP 12 MGD RO Expansion. The Project is included in the 2005 Water Master Plan
Update.
---
Collier County is seeking a SRF low-interest Construction Loan from Florida Department of
Environmental Protection (FDEP) in the amount of $31,177 ,942 excluding capitalized interest and
service fee to finance this project. These funds will be used for the construction of the South
County Regional Water Treatment Plant 12 MGD RO Expansion Project (700971, 710221). The
FDEP has added this project to the Fiscal Year 2006 fundable portion of the SRF Priority list as a
result ofthe October 25,2006 Public Hearing held by the Department. The County is now in the
position to authorize the submission of the SRF Loan Application and execute the Loan
agreement for this project.
FISCAL IMPACT: The South County Regional Water Treatment Plant 12 MGD RO
Expansion project (700971, 710221) is consistent with the FY07 Capital Budget approved by the
Board of County Commissioners on September 21, 2006. This SRF loan is the permanent
financing mechanism for this project. The SRF Loan amount excluding capitalized interest and
service fee is $31,177,942. The estimate of the capitalized interest and service fee is $1,309,645.
This loan amount includes $24,373,000 in construction cost, $1,218,650 for contingency,
$3,655,950 in technical services along with administrative and engineering allowance of
$1,930,342. The financing rate of this loan is 2.51 %. The anticipated annual loan repayment is
$2,037,445 over a 20-year loan cycle.
GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan
Standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio
Governing Board of the Collier County Water-Sewer District adopt the attached Resolution to
authorize submission of the SRF Loan Application and allow the County Manager or his
designee to sign the application.
~
Prepared by: Phil Gramatges, Principal Project Manager, Public Utilities Engineering.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16C1
March 13, 2007
Page 2 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16Cl
Recommendation to approve a Resolution authorizing the submission of a State Revolving
Fund lowinterest Construction Loan Application and authorizing the LOBn Agreement with the
Florida Department of Environmental Protection for Collier Cauntys South County Regional
Water Treatment Plant (SCRWTP) 12 Million Gallons per Day (MGD) Reverse Osmosis IRQ)
Expansion, Project No 700971,
3/13/20079,0000 AM
Sr. Project Manager
Date
Prepared By
Phil E. Gramatges, P.E.
Public Utilities
Public Utilities Engineering
2/20/20074:02:22 PM
Paul Mattausch
Water Director
Date
App roved By
Public Utilities
Water
2/21/20078:52 AM
Operations Director
Date
Approved By
Thomas Wides
Public Utilities
Public Utilities Operations
2121120073:16 PM
Roy 8. Anderson, P .E.
Public Utilities Engineering Director
Date
Approved By
Public Utilities
Public Utilities Engineering
2122/20072:25 PM
Public Utilities Administrator
Date
Approved By
James W. DeLany
Public Utilities
Public Utilities Administration
2/231200710:03 AM
Approved By
Administrative Assistant
Date
OMB Coordinator
County Manager's Office
Office of Management & Budget
2126/20072:12 PM
Approved By
Senior Management/Budget Analyst
Date
Susan Usher
County Manager's Office
Office of Management & Budget
316/2007 5:25 PM
Approved By
Management & Budget Director
Date
Michael Smykowski
County Manager's Office
Office of Management & Budget
3/712007 11 :42 AM
Approved By
County Manager
Date
James V_ Mudd
Board of County
Commissioners
County Manager's Office
3/7/20071:19 PM
RESOLUTION NO. 2007-_
RESOLUTION NO. CWS 2007-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, RELATING TO THE STATE REVOLVING
FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN
APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING
PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES;
PROVIDING ASSURANCE AND EFFECTIVE DATE
Agenda Item No. 16C 1
March 13, 2007
Page 3 of 16
WHEREAS, Florida Statues provide for loans to local government agencies to finance
the planning, design, administration and construction of drinking water facilities. The Florida
Administrative Code requires authorization to apply for loans and to enter into a loan agreement;
and the State Revolving Fund loan priority list designates Project No. DW 1111 030 as eligible for
available funding and Collier County intends to enter into a loan agreement with the Florida
Department of Environmental Protection under the Sta1e Revolving Fund for projec1 financing.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT that:
SECTION I. The foregoing findings are incorporated herein by reference and made a part
hereof.
SECTION 2. The Board of County Commissioners of Collier County, Florida, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District ("District") is authorized to apply
for a construction loan to finance the South County Regional Water Treatment Plant 12 MGD
Reverse Osmosis Expansion project 700971, 710221.
SECTION 3. The revenues pledged for the repayment of this loan are the Gross Revenues
derived yearly from the operation of the Water and Sewer Systems and Development Fees, after
payment of the Operation and Maintenance Expense and the satisfaction of all yearly payment
obligations on account of the Senior Revenue Obligations and any senior obligations issued.
SECTION 4. The Division Administrator of the Collier County Public Utilities is hereby:
(a) Designated to be the District's authorized representative to provide assurances
and commitments required by the loan applications; and
(b) Authorized to execute the loan agreements/amendments (which will become a
binding obligation in accordance with its terms when signed by both parties); and
(c) Authorized to represent the District in carrying out its responsibilities under the
loan agreement; and is
(d) Authorized to delegate responsibility to appropriate staff to carry out technical,
financial, and administrative activities associated with the loan agreement.
SECTION 5. The legal authority for the District borrowing moneys to construct this Project is
Florida Statutes.
SECTION 6. This Resolution shall become effective immediately upon its adoption.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of , 2007
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTI' COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS
EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTI' WATER _
SEWER DISTRICT
By:
Deputy Clerk
BY:
JAMES COLETTA, Chairman
Approved as to form and legal sufficiency:
do~ ~}~
Thomas . Palmer, SIStant County Attorney
Agenda Item No. 16C 1
March 13, 2007
Page 4 of 16
LOAN APPLICATION
--
(1) SUBMITTAL. Submit the application and attachments to the Department of Environmental Protection,
MS 3505, Bureau of Water Facilities Funding, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
(2) COMPLETING THE APPLICATION.
(a) This application consists of four parts: (I) ADMINISTRATIVE INFORMATION; (II) PROJECT
INFORMATION; (III) FINANCIAL INFORMATION; and (IV) APPLICANT RESOLUTION, ASSURANCES, AND
CERTIFICATION.
(b) All information provided on this application must be typed. Monetary amounts may be rounded to the
nearest $1,000.
(c) Attachments to be submitted are denoted with italic print. They are to be listed on Page 10.
(3) ASSISTANCE.
Bureau of Water Facilities Funding staff are available to provide assistance. Please call (850) 488-8163 or
SUNCOM 278-8163.
)
PART I - ADMINISTRATIVE INFORMATION
(1) PROJECT SPONSOR APPLYING FOR LOAN. Collier County
Federal Employer Identification Number. 59-6000558
(2) AUTHORIZED REPRESENT A T1VE. [Person formally authorized by the project sponsor to sign or attest to
loan documents, including this application. If more than one, attach the information (Attachment # -).]
Name James DeLonv. P.E. Telephone (239) 732-2540
Title Administrator, Public Utilities Division
Mailing Address 3301 East Tamiami Trail. Buildina H. Third Floor Naples, Florida 34112
(3) PRIMARY CONTACT PERSON. (Person to answer questions about this application.)
Name Mark Brewer Telephone (941) 756-5800
Title President I Client Manaaer Fax # (941) 756-0804
Employer AnQie Brewer and Associates, LC
Mailing Address 9104 58th Drive East Bradenton, Florida 34202
(4) ADDITIONAL PERSON(S) TO RECEIVE COpy OF DEPARTMENT CORRESPONDENCE. (If more than
one, attach the information (Attachment#_).
Name Thomas Wides Telephone (239) 530-5343
Title Operations Director Employer Collier County. Public Utilities Division
Mailing Address 3301 East Tamiami Trail. Buildina H, Third Floor Naples, Florida 34112
(5) PROJECT NUMBER (identified on the Department's priority list).
DW 1111 030
.~
DEP Fonn 62-552.900(2)
Page 1 of 12
Effective Date
07-2()"99
-
e
Agenda Item No. 16C1
March 13, 2007
Page 5 of 16
-
(6) LOAN AGREEMENT DATE. When do you expect to sign the Loan Agreement? Apri/3. 2007.
(Allow time for Department preparation of agreement, applicant review, and local commission meeting if
applicable.)
(7) PREAWARD COMPLIANCE. Has an EPA Preaward Compliance Review Report been submitted
for this project? L Yes. _ No. If "yes', identify the date submitted to the Department
September 14, 2006. If not, please complete and attach the EPA form. (Attachment #
(8) FEDERAL EQUIVALENCY REQUIREMENTS. As a result of the federal funding of the State Revolving Fund
Program for Drinking Water Facilities, there are federal requirements that must be met to enable financial
assistance for any project. These requirements are identified under PART IV of this application.
PART 11- PROJECT INFORMATION. Complete SUBPART A or SUBPART B as appropriate.
SUBPART (A): PRECONSTRUCTION LOAN INFORMATION.
(1) PRECONSTRUCTION ACTIVITIES. Attach a brief description of the scope of planning and design activities to
be financed by this loan.
(2) PRECONSTRUCTION LOAN SCHEDULE.
(a) Provide proposed completion dates for the items below. (Please call Department staff to discuss time
frames needed to complete required tasks.)
Water facilities plan adoption by the Project Sponsor.
Engineering design.
Certification of site availability (for construction and operation).
(b) Do you anticipate that a contractual agreement with another party will be necessary to implement the
project? _Yes. No. If "yes", list entities to be involved.
(3) PRECONSTRUCTION LOAN PROJECT COSTS. Is the cost information submitted for the priority list
current? _Yes. _No, If "no., please explain and submit revised cost information (Attachment #_)
using the appropriate page of the Request for Inclusion on the Priority List for Drinking Water Facilities Form 62-
552.900(1), FAC. Note that the disbursable amount (including the repayment reserve) will be limited to the
priority list amount. Preconstruction loans are not available to finance the non-grant share of SRF preconstruction
grants.
SUBPART B: CONSTRUCTION LOAN INFORMATION.
(1) CONSTRUCTION ACTIVITIES
(a) Attach a brief description of construction activities to be financed by this loan. Include a list of the
construction contracts (by title) corresponding to the plans and specifications accepted by the Department
(AttachmenttLL). Also provide a proposed "start date" and "completion date" for each contract.
(b) Attach a copy of the Department letter(s) accepting the plans and specifications and all addenda
(Attachment 1L1.....).
(c) Does this project involve a contractual service agreement with other entities? _ Yes. ---X-No. If
"yes", attach a copy of the Department letter accepting the agreement. (Attachment # _) Is the
agreement, as accepted by the Department, fully executed and enforceable? _ Yes. No. If
"no", please explain (Attachment # _).
DEP Fonn 62-552.900(2)
Page 2 of 12
Effective Date
07.20.99
-
~
--
Agenda Item No. 16C1
March 13, 2007
Page 6 of 16
(d) Has the Department accepted a clear site title certification for the project? lL. Yes. _No. If "yes",
provide evidence of such certification or its acceptance. (Attachment # 3 ) If "no", explain.
(Attachment # )
(e) Attach evidence that either a permit from the Department is not required to authorize project construction
or that such authorization has been issued by the Department. (Attachment # 4 )
(2) CONSTRUCTION LOAN PROJECT COSTS.
Is the cost information submitted for the priority list current? 1L Yes. _No. If "no', please explain and
submit revised cost information (Attachment #.---J using the appropriate page of the Request for Inclusion on
the Priority List for Drinking Water Facilities Form 62-552.900(1), FAC. Note that the disbursable amount
(including the repayment reserve) will be limited to the priority list amount
PART 11I- FINANCIAL INFORMATION
(1) PRINCIPAL AMOUNT OF THE LOAN. The requested amount of the loan, including capitalized interest
(which is not disbursed), is $32.487.586. The estimate of the capitalized interest is $686.086. Note that the
disbursable amount will be limited to the priority list amount and must be consistent with the information provided
under PART II of this application. Also note ~hat the capitalized interest is an inexact estimate, and it is subject to
adjustment by the Department to reflect disbursement timing.
(2) LOAN TERMS AND REPAYMENT.
(a) If a construction loan involves a financially disadvantaged community, loans are amortized over 30 years,
or less, with interest and principal paid semiannually. If a construction loan is not for a project to serve such a
community, loans are amortized over 20 years, or less, with interest and principal paid semiannually.
Preconstruction loans are amortized over not more than 10 years, with interest and principal paid
semiannually. Do you want to repay the loan in less than the maximum amortization period?
_Yes. X No. If "yes', identify the number of years
(b) Due to limitations on availability of State Revolving Fund revenues. a large (generally in excess of $8
million unless the loan is to be made from the reserve for small communities in which case the amount
generally would be in excess of $1.5 million) loan amount may be provided in increments pursuant to the
initial loan agreement and subsequent amendments as well Chapter 62~552, FAC. Each increment shall
have a separate interest rate as established in the agreement or amendment providing that increment. If in
doubt about whether the funding will be segmented, this matter should be discussed with Department staff.
(c) List all revenues that are to be pledged for repayment of this loan. (Note: Typically, water system or water
and sewer system revenues are pledged, and the net revenues available for loan repayment must equal at
least 1.15 times the annual debt service unless special reserves are locally funded. Rule 62-552,430, FAC.,
addresses pledged revenues and coverage requirements.
Gross Revenues derived ~ear\v from the operation of the Water and Sewer Svstems and Development Fees,
after payment of the 0 eration and Maintenance Expense and the satisfaction of all vearlv payment
obliaations on account of the Senior Revenue Obliaations and any senior obliaations issued.
(3) LOAN REPAYMENT RESERVE. The Applicant will be required to maintain a Loan Repayment Reserve
Account to provide an interim remedy for any deficiency in pledged revenues. This reserve shall be no less than
0.03 times the total loan amount less the portion of the loan for capitalized interest and loan repayment reserve.
Loan proceeds will be provided to establish the minimum (0.03) reserve.
DEP Form 62-552.900(2)
Page 3 of 12
Effective Date
07-20-99
--
-
Agenda Item No. 16C1
March 13, 2007
Page 7 of 16
-
(4) ADDITIONAL LOAN SECURITIZATION, If the project sponsor does not meet the requirements of Rule 62-
552.430(4), FAC., for pledged revenue, loan repayment responsibility, default remedies, and debt service
history, indicate which of the following securitization provisions the project sponsor is prepared to negotiate
(describe each in Attachment # ):
(a) Additional escrowed loan repayment reserve. No Yes
(b) Letter of credit. No
Yes
(c) Lien on tangible assets. No _ Yes
(d) Personal or corporate obligation. No _ Yes
(e) Other equivalent securitization, No Yes
(5) INFORMATION ON LIENS.
(a) Describe all debt obligations having a prior or parity lien on the revenues pledged for this Loan
(Attachment ~); see the following example:
City Name, Florida, Water and Sewer System Revenue Bonds, Series 1996, issued in the amount of
$10,000,000, pursuant to Ordinance No. 93-104, as amended and supplemented by Ordinance No. 96-156.
(b) Using the Schedule of Prior and Parity Liens (paoes 7,8 and 9), provide debt service information on each
prior and parity obligation, For the listed obligations, provide a copy of the ordinance(s), resolution(s), official
statement(s), or pages thereof, setting forth the definitions, use of proceeds, debt service schedule, pledged
revenues, rate covenants, provisions for issuing additional debt, provisions for bond insurance,
and debt rating (Attachment!LU.
(6) ACTUAL AND PROJECTED REVENUES.
(a) Complete the Schedule of Actual Revenues and Debt Coverage for Rate-Based System Pledged
Revenues (paQe 10) for the past two fiscal years, Additional information may be required if deemed
necessary by the Department to evaluate credit-worthiness of the applicant.
(b) Complete the Schedule of Projected Revenues and Debt Coverage for Rate-Based System Pledged
Revenue (paoe 11), demonstrating the availability of pledged revenues for loan repayment. All projects
expected to be implemented in the next five years are to be reflected into the need for projected revenues.
(7) LEGAL OPINION ON THE AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a
written legal opinion (Attachment # 7 ) addressing the:
(a) Availability of the revenues to repay the loan;
(b) Right to increase rates at which revenues shall be collected to repay the loan; and
(c) Subordination of the pledge if pledged revenues are subject to a prior or parity lien.
(8) RESOLUTION ESTABLISHING PLEDGED REVENUES. Provide a certified resolution or other
documentation (Attachment # 8 ) of the formal action taken by the applicant that establishes the pledged
revenues.
PART IV . APPLICANT RESOLUTION, ASSURANCES, AND CERTIFICATION
(1) RESOLUTION. Provide a certified resolution or other documentation (Attachment tLL) of the formal action
taken by Applicant that:
(a) Authorizes this application; and
DEP Fonn 62-552.900(2)
Page 4 of 12
Effective Date
07-20-99
-
,..
Agenda Item No. 16C 1
March 13, 2007
Page 8 of 16
)
(b) Designates the Authorized Representative(s) to file the application, provide assurances, execute the loan
agreement, and represent the Applicant in carrying out responsibilities (including that of requesting loan
disbursements) under the loan agreement.
(2) ASSURANCES AND CERTIFICATION. The Applicant agrees to comply with the laws, rules, regulations,
pOlicies and conditions relating to the loan for this project. Specifically, the Applicant certifies that it has complied,
as appropriate, and will comply with the following requirements in undertaking the project
(a) Complete all facilities recommended in the approved facilities plan.
(b) The Archaeological and Historic Preservation Act of 1974, PL 93-291, and the National Historic
Preservation Act of 1966, PL 89-665, as amended, regarding identification and protection of historic
properties.
(c) The Clean Air Act, 42 U.S.C. 7506(c}, which requires conformance with State Air Quality Implementation
Plans.
(d) The Coastal Zone Management Act of 1972, PL 92-583, as amended, which requires assurance of
project consistency with the approved State management program developed under this Act.
(e) The Endangered Species Act, 16 U.S.C. 1531, et seq., which requires that projects avoid disrupting
threatened or endangered species and their habitats.
(f) Executive Order 11593, Protection and Enhancement of the Cultural Environment, regarding
preservation, restoration and maintenance of the historic and cultural environment.
(g) Executive Order 11988, Floodplain Management, related to avoiding, to the extent possible, adverse
impacts associated with floodplain occupancy, modification and development whenever there is a practicable
alternative.
(h) Executive Order 11990, Protection of Wetlands, related to avoiding, to the extent possible, adverse
impacts associated with the destruction or modification of wetlands and avoiding support of construction in
wetlands.
(I) The Fish and Wildlife Coordination Act, PL 85-624, as amended, which requires that actions to control
natural streams or other water bodies be undertaken to protect fish and wildlife resources and their habitats.
U) The Wild and Scenic Rivers Act, PL 90-542, as amended, related to protecting components or potential
components of the national wild and scenic rivers system.
(k) The federal statutes relating to nondiscrimination, including: The Civil rights Act of 1964, PL 88-352,
which prohibits discrimination on the basis of race, color or national origin; the Age Discrimination Act, PL 94-
135, which prohibits discrimination on the basis of age; Section 13 of the Federal Water Pollution Control Act,
PL 92-500, which prohibits sex discrimination; the Rehabilitation Act of 1973, PL 93-112, as amended, which
prohibits discrimination on the basis of handicaps.
(I) Executive Order 11246, Equal Employment Opportunity, which provides for equal opportunity for all
qualified persons.
(m) Executive Orders 11625 and 12138, Women's and Minority Business Enterprise, which require that small,
minority, and women's business and labor surplus areas are used when possible as sources of supplies,
equipment, construction, and services.
(n) The Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended, which
requires that projects be reviewed in accordance with state clearinghouse procedures.
(0) The Amended Safe Drinking Water Act, PL 104-182, which sets forth requirements for public water
systems.
(p) The Coastal Barrier Resources Act, 16 U. S. C. 3501 et seq., regarding protection and conservation of the
coastal barrier resources.
(q) The Farmland Protection Policy Act, 7 U.S.C. 4201 et seq., regarding protection of agricultural lands from
irreversible loss.
DEP Fonn 62-552.900(2)
Page 5 of 12
Effective Date
07-20-99
-
Agenda Item No. 16C 1
March 13, 2007
Page 9 of 16
(r) The Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646, which provides for
fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or
federally assisted programs.
(s) Section 306 of the Clean Air Act, Section 508 of the Clean Water Act and Executive Order 11738, which
prohibit manufacturers, firms, or other enterprises on the EPA's list of Violating Facilities from participating in
the Project.
(t) Executive Order 12549, Debarment and Suspension, which prohibits any award to a party which is
debarred or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance
programs.
(u) Minority and Women's Business Enterprise participation in project work using numerical goals,
established by the U,S. Environmental Protection Agency, and to be set forth in the specifications for
construction and materials contracts.
I, the undersigned Authorized Representative of the Applicant, hereby certify that all information contained herein
and in the attached is true, correct, and complete to the best of my knowledge and belief. I further certify that I
have been duly authorized to file the application and to provide these assurances.
Authorized Representative
James DeLonv. P,E.
Public Utilities Administrator
(signature)
Signed this
Day of
,20
Attachments
. THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
.
DEP Form 62-552.900(2)
Page 6 of 12
Effective Date
07-20-99
Agenda Item No. 16C1
March 13, 2007
Page 10 of 16
-
SCHEDULE OF PRIOR AND PARITY LIENS
List annual debt service beginning two years before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary.
IDENTIFY EACH OBLIGATION
#1 Water & Sewer Taxable Refunding Revenue #2 Water & Sewer Taxable Refunding Revenue #3 Water & Sewer Taxable Refunding Revenue
Bonds - Series 2oo3A Bonds - Sefies 2oo3B Bonds - Series 1999A
Coverage" 125" Coverage" 125" Coverage" 125"
Inllured Yell Inllured Yell InllUred Yell
#4 Water & Sewer Taxable Refunding Revenue #5 Water and Sewer Revenue Bonds III SRF Loan CS 120597070
Bonds. Series 1999B Series 2006
Coverage" 125" Coverage% 125% Coverage" 125%
Insured Ye5 Insured Yes Inllured Yes
PISCAL ANNUAL DEBT SERVICE fPRINCIPAL PLUS INTERESn ~I
YEAR 'II' /COVERAGE* SERVICE 'IV /COVERAGE*
#1 #2 #3 #4 #5 #6
2004 $2.822,281 $1.646,138 $1,246,160 $1,973,404 $1,060,598 $ -
2005 $2,824,819 $1,683,550 $822 347 $1,968,804 $1,060,598 $ -
2006 $2,819,019 $1.683,550 $817,648 $1,967,604 $1,060,598 $ -
2007 $2,820.856 $1.683,550 $826,518 $1.964,604 $2,735.729 $1,060,598 $ -
2008 $2,821,425 $1,683,550 $818,317 $1,974.804 $4,974,053 $1,060,598 $ .
~009 $764,975 $3,733,550 $819,317 $1,971,079 $4,974,053 $1,060.598 $ -
110 $4,501,050 $818,362 $1,969,879 $4,974,053 $1,060,598 $ -
~11 $4,835.050 $1,970,979 $4,974,053 $1 060,598 $ -
2012 $4.835,050 $1,974,154 $4,974,053 $1,060,598 $ -
2013 $4,836,550 $1,979,179 $4,974,053 $ -
2014 $4,837,175 $1.977.569 $4,974,053 $ -
2015 $4,837,125 $1,967,319 $4,974,053 $ -
2016 $2,630.875 $1,971,094 $4,974,052 $ -
2017 $1,799,000 $7,284,052 $ -
2018 $1,798,500 $7,285,877 $ -
2019 $1.799,500 $7,283.452 $ -
2020 $1,796,750 $7,286,777 $ -
2021 $1,790,250 $7,291,977 $ -
2022 $9,082,777 $ -
2023 $9,081.790 $ -
2024 $9,085,790 $ -
2025 $9,082,540 $ -
2026 $9,081,790 $ -
2027 $9,082.790 $ -
.Totals located on the last page of this form.
~
DEP Form 62-552.90(2)
Page 7 Of 12
Effective Date 07.20-99
Agenda Item No. 16C1
March 13, 2007
Page 11 of 16
.
SCHEDULE OF PRIOR AND PARITY LIENS - Cant'd.
List annual debt service beginning \'No years before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary.
IDENTIFY EACH OBLIGATION
t1T SRF Loan CS120597090 #8 SRF Loan CS 120597100 #9 SRF Loan CS12059715P
Coverage" 125% Coverage" 125" Coverage% 125%
Insured Yes Insured Yes Insured Yes
1110 SRF Loan WVVG12059715L01 #11 SRF Loan WVVG12059715L02 #12 SRF Construction Loan WVVG 12059715L03
Peyments per Rnel Amendment 12/06 Payments per Rne! Amendment 512006 Estimated Payments per Agreement
Coverage" 125" Coverage" 125" Coverage% 125"
Insured Yes Insured Yes Insured Yes
FISCAL ANNUAL DEBT SERVICE 'PRINCIPAL PLUS INTERESTl ~
YEAIl SERVICE. *
W /COVERAGE* SERVICE W /COVERAGE
#7 #8 #9 #10 #11 #12
2004 $886.480 $1,508,800
2005 $686.460 $1463,311 $346.569 $510.386
2006 $886,480 $1.463.311 $346.589 $510.366 $972.224 $393,783
2007 $886.480 $1,463,311 $346.589 $440.335 $1,944,449 $767,566
I $886.480 $1.463,311 $346,569 $440.335 $1,944,449 $787,566 -
$886480 $1463,311 $346,589 $440,335 $1.944.449 $787.566
010 $886.480 $1.463.311 $346.589 $440.335 $1.944.449 $787,566
2011 $886.480 $1,463,311 $346,589 $440.335 $1.944,449 $787.566
2012 $886480 $1.463,311 $346,589 $440,335 $1,944.449 $787.566
2013 $886,480 $1.463.311 $346.589 $440,335 $1.944,449 $787.566
2014 $886,480 $1.463.311 $346,589 $440.335 $1.944,449 $787.566
2015 $886.480 $1.463,311 $346,589 $440,335 $1.944.449 $787.566
2016 $886,480 $1.463.311 $346.589 $440.335 $1.944,449 $787.566
2017 $886.480 $1,463,311 $346,589 $440.335 $1.944.449 $787.566
2018 $886,480 $1.463.311 $346.569 $440.335 $1.944,449 $787.566
2019 $1.463,311 $346,589 $440.335 $1.944.449 $787,566
2020 $1.463.311 $346,589 $440,335 $1.944,449 $787.566
2021 $1.463.311 $346,589 $440,335 $1,944,449 $787,566
2022 $346,589 $440,335 $1.944.449 $787.566
2023 $346,589 $440,335 $1.944,449 $787,566
2024 $346,589 $440,335 $1,944.449 $787,566
2025 $1,944.449 $787.566
2026 $972.224 $393.783
2027
'Totals located on the last page of this form.
-
DEP Form 62-552.90(2)
Page 8 of 12
Effective Date 07-20-99
Agenda Item No. 16C1
March 13, 2007
Page 12 of 16
-
SCHEDULE OF PRIOR AND PARITY LIENS - Cont'd.
list annual debt service beginning two years before the anticipatad loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary.
IDENTIFY EACH OBLIGATION
#13 SRF Pre-Construclion Loan WW59716P .14 SRF Construction Loan WW59717S .15 SRF Construction Loan WW120597180
Estimated Payments per Agreement Estimated Payments per Agreement Estimated Payments per Agreement I
Coverage% 120% Coverage" 120% Coverage" 120%
Insured ves InSJJred Yes Insured Yes
.16 SRF Construction Loan DW1111020 #17
Eslimaged Payments per Agreement
Coverage" 120%
Insured Ves
FISCAL ANNUAL DEBT SERVICE (PRINCIPAL PL.US INTERESn ~I
YI!AR SERVICE W ICOVERAGE SERVICE W ICOVERAGl!
#13 #14 #15 #16 #17 #18
2004 $ 9.609,978 $4,319,848
2005 $ 9,124,400 $5,334.205
2006 $424.132 . $ 9,109.776 $7.550,672
....2.007 $234,461 $363.097 $169,348 $ 12.539.071 $9,581.947
)8 $468 922 $363.097 $338.696 $405,710 $ 15,340,186 $10,553.370
~9 $468,922 $363.097 $338.696 $405,710 $ 15.328.717 $10.553.370
2010 $468,922 $363,097 $338.696 $405.710 $ 15.329,179 $10.553.370
2011 $468.922 $363,097 $338,696 $405,710 $ 14,725.103 $10.553.370
2012 $468.922 $363.097 $338,696 $405,710 $ 14,729,071 $10,553,370
2013 $468,922 $363.097 $338.696 $405,710 $ 14,737.227 $9.227.623
2014 $468.922 $363.097 $338.696 $405,710 $ 14.735996 $9.227,623
2015 $468,922 $363,097 $338.696 $405,710 $ 14.723,121 $9.227,623
2016 $468.922 $363.097 $338.696 $405,710 $ 11,970,026 $9,227.623
2017 $468.922 $363.097 $338.696 $405,710 $ 11,353,815 $9.227,623
2018 $468.922 $363.097 $338,696 $405,710 $ 11.355.471 $9.227,623
2019 $468,922 $363,097 $338,696 $405.710 $ 11.353,690 $8.119,523
2020 $468,922 $363.097 $338,696 $405,710 $ 11.354,409 $8.119,523
2021 $468.922 $363,097 $338,696 $405,710 $ 11.352,784 $8.119.523
2022 $468,922 $363,097 $338,696 $405,710 $ 11.353.471 $6,290.384
2023 $468,922 $363.097 $338,696 $405,710 $ 11.352,238 $6,290.384
2024 $468.922 $363,097 $338,696 $405.710 $ 11,357,238 $6.290,384
2025 $468.922 $363.097 $338,696 $405.710 $ 11,353,175 $5,306,729
2026 $468,922 $338,696 $405,710 $ 11 ,352,238 $3,163.502
2027 $234.461 $169.348 $405,710 $ 11,353.488 $971.423
~
DEP Fonn 62-552.900(2)
Page 9 of 12
Effective Date 07-2()"99
Agenda Item No. 16C1
March 13, 2007
Capitat E~ncims> praB
(g.)
SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE FOR PLEDGED REVENUE
(Provide information for the two fiscal years preceding the anticipated date of the SRF Loan Agreement)
FY04 FY05
Operating Revenues(ldentify) $ 64,725.897 $ 72,462,470
Interest Income $ 4,095,329 $ 5,302.991
Other Incomes or Revenues (Identify)
Miscellaneous $ 206,379 $ 733,385
System Development Fees $ 25.641.401 $ 23,528,058
Total Revenues $ 94,669,006 $ 102,026,904
Operating Expenses (excluding interest on debt,
depreciation, and other non-cash items) $ 39,174,075 $ 44 115,579
Net Revenues (f= d - e) $ 55,494,931 $ 57,911,325
Debt Service (including coverage) Excluding SRF
Loans $ 9.609,978 $ 9,124,400
Debt Service (including coverage) for
Outstanding SRF Loans $ 4,319,848 $ 5,334.205
Net Revenues After Debt Service (i=f-g-h) S 41.565.106 $ 43.452.720
Attach audited annual financial report(s), or pages thereof. or other documentation necessary to support the above mformation.
Include any notes or comments from the audit reports regarding compliance with covenants of debt obligations having prior or parity
lien on the revenues pledged for repayment of the SRF Loan. (Attachment # 10)
Attach worksheets reconciling this page with the appropriate financial statement (for example, backing out depreciation and interest
payments from operating expenses). (Attachment-l
If the net revenues were not sufficient to satisfy the debt service and coverage requirement, please explain what corrective action
was tak.en. (Attachment_)
System Development Fees - In addition to the monthly rates for water and sewer service. the District currently charges System
Development Fees. which are sometimes referred to as "impact fees" or "System Development Charges". based upon an equitable
and proportionate share of the cost for: water production and transmission facilities; and wastewater transmission treatment and
effluent disposal capacity of the System. Although the Resolution refers to these fees as "System Development Fees." the
ordinance enacted by the Board establishing such fees (and the District in practice) refers to them as "Impact Fees."
.
(a.)
(b.)
(c.)
(d.)
(e.)
(f.)
(h.)
- (i.)
0.)
(k.)
(I.)
(m.)
Source: Financial Statements - Collier County FY 04. FY 05 - FY 06 is pending approval
.
1/23/2007
10 of 12
FDEP Effective: 6/1/01
(a.)
SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE FOR PLEDGED REVENUE
(Begin with the fiscal year preceding first anticipated semiannual loan payment)
FY07 FY08 FY09 FY10 FY11
Operating Revenues (IdentifY) $ 87,550,286 $102,945,992 $110,074,153 $117,466,049 $ 125,131,388
Interest Income $ 1,967,407 $ 2,134,885 $ 2,426,179 $ 2,530,638 $ 2,455,013
Other Incomes or Revenues
(IdentifY)
Miscellaneous $ 6,404,024 $ 7,394,347 $ 8,363,495 $ 9,342,139 $ 10,329,338
System Development Fees $ 30,244,535 $ 30,244,535 $ 30,244,535 $ 30,244,535 $ 30,244,535
Total Revenues $126,166,252 $142.719.759 $151,108.362 $159,583.361 $ 168,160.274
Operating Expenses (excluding
interest on debt, depreciation, $ 57,875,717 $ 62,895,474 $ 68,591,125 $ 77,081,725 $ 87,423,652
and other non-cash items)
Net Revenues (f= d - e) $ 68.290.535 $ 79.824.285 $ 82.517.237 $ 82.501.636 $ 80.736.622
Existing Debt Service on Non-
SRF Projects (including $ 12,539,071 $ 15,340,186 $ 15,328,717 $ 15,329,179 $ 14,725,103
coverage)
Existing SRF Loan Debt Service $ 9,581,947 $ 10,553,370 $ 10,553,370 $ 10,553,370 $ 10,553,370
(including coverage)
Total Existing Debt Service $ 22.121.019 $ 25.893.556 $ 25.882.087 $ 25.882.549 $ 25.278.473
(i=g+h)
Projected Debt Service on Non-
SRF Future Projects (including $ - $ - $ - $ - $ -
coverage)
Projected SRF Loan Debt $ $ - $ 2.444.935 $ 2.444.935 $ 2.444.935
Service (including coverage) .
Total Debt Service (Existing $ 22.121 ,019 $ 25.893.556 $ 28.327.022 $ 28.327.484 $ 27.723.407
and Projected) (l=i+j+k)
Net Revenues After All Debt $ 46,169.516 $ 53.930,729 $ 54.190.215 $ 54.174.152 $ 53.013.215
Service (m=f-I)
Agenda Item No. 16C1
March 13, 2007
Capital f.jij~fTd~gCf>IM\
-
(b.)
(c.)
(d.)
(e.)
(f.)
(g.)
(h.)
J
(i.)
G.)
(k.)
(1.)
(m.)
--
Source: Figures used from the Offical Statement - Collier County Water-Sewer District, Water and Sewer Revenue Bonds,
Serries 2006 dated November 28, 2006, Projected Operating Results page 78. (Attachment #1 0)
Notes: (Le. Rate Increases. Explanations. etc.)
Collier County has approved a rate increase that was effective October 1, 2006. In October 1, 2007 there will be an additional rate
increase of approximately 9% for Wastewater and 13% for Water. (Attachment # 10 )
For Construction loans, are the above projections consistent with the accepted feasibility information? YES
1/15/2007
11 of 12
FDEP Effective: 6/1/01
-
.
-
LIST OF ATTACHMENTS
Please list all attachments that you are including with this application form.
Attachment
Project Description
Plans and Specifications Approval Letter
Site Certification
Permit
Description of Debt Obligations
Debt Service Information
Legal Opinion Letter
Loan Resolution
Request for Inclusion
Backup Financial Information (CAFR)
Agenda Item No. 16C 1
March 13, 2007
Page 15 of 16
Number
1
2
3
4
5
6
7
8
9
10
DEP Form 62-552.900(2)
Page 12 of 12
Effective Date
07-20-99
v>..e<Pcr oil< A.~
~~~~
Clpit_llmpr~ Fi,.."cUt/ Sprctaltsl.
SRF DW PROJECT COST WORKSHEET / LOAN CALCULATION
Administrative Allowance
Engineering Allowance
Construction. Demolition and Related Procurement
Eligible Land
Contingency (10% or 5% of construction and land)
Legal and Technical Services during Construction
Interim Financing (excluding SRF capitalized interest)
Cost of Refinancing (suCh as underwriter fees)
Start-up Services
Allowance
Subtotal and amount for loan application Part III, Item 1
Years to Construct / Capitalized Interest
1.75
Total Cost for Prlo List
Service Fee (2% of subtotal)
Total Cost for Amortization
Estimated Interest Rate
2.51%
Semi-annual Payment Start Date / Annual Payment
8/8/2008
Annual Payment with
120 % Coverage
Total Payments
Notes:
--
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
175.486
1 754 856
1,218,650
3.655950
31,177,942
686,086
31,864,028
623,559
32,487,586
2,037,446
2,444,935
40,736,286
Agenda Item No. 16C1
March 13, 2007
Page 16 of 16
fI. is from Construction GrantlLoan AJlowanc:e Calculation sheet
# is from Constt'UCbon GrantlLoan AUowanc.e Calculation sheet
Construction Clolllrl
o
5% (project was bid)
15% torTI!lQl Svc used
o
o
o
removed SUlltup cost
o
No1 valid for OW
Agenda Item No. 16C2
March 13, 2007
Page 1 of 16
.~-
EXECUTIVE SUMMARY
Recommendation to approve a Resolution authorizing the submission of a State Revolving
Fund low-interest Construction Loan Application and authorizing the Loan Agreement
with the Florida Department of Environmental Protection for Collier County's South
County Regional Water Treatment Plant (SCRWTP) 20 Million Gallons Per Day (MGD)
Wellfield Expansion. Project No. 708921.
OBJECTIVE: The public purpose is to expand the SCRWTP Wellfield to supply the raw water
necessary for the 12 MGD Reverse Osmosis Expansion currently under construction. This action
request is to allow the County to obtain a State Revolving Fund (SRF) low-interest Construction
Loan for this proj ect.
CONSIDERA TIONS: On July 25, 2006, Agenda Item lOP; the Board of County
Commissioners awarded contact #06-3992 to John Reynolds & Sons Inc., for the construction of
the SCRWTP 20 MGD Wellfield Expansion project #708921. The Project is included in the
2005 Water Master Plan Update.
,-
Collier County is seeking a SRF low-interest Construction Loan from the Florida Department of
Environmental Protection (FDEP) in the amount of $61,175,799 excluding the capitalized interest
and service fee amount to finance this project. These funds will be used for the construction of
the SCRWTP 20 MGD Wellfield Expansion project #708921. The FDEP has added this project
to the Fiscal Year 2006 fundable portion of the SRF Priority list as a result of the October 25,
2006 Public Hearing held by the Department. The County is now in the position to authorize the
submission of the SRF Loan Application and execute the Loan agreement for this project.
FISCAL IMPACT: The SCRWTP 20 MGD Wellfield Expansion project #708921 is consistent
with the FY07 Capital Budget approved by the Board of County Commissioners on September
21,2006. This SRF loan is the permanent financing mechanism for this project. The SRF Loan
amount excluding capitalized interest and service fee is $61,175,799. The estimate of the
capitalized interest and service fee is $2,682,253. This loan amount includes $47,958,450 in
construction cost, $2,397,923 for contingency, $7,193,768 in technical services along with
administrative and engineering allowance of $3,625,659. The financing rate of this loan is
2.51 %. The anticipated annual loan repayment is $4,080,675 over a 20-year loan cycle.
GROWTH MANAGEMENT IMP ACT: This project meets current GrO\vth Management Plan
Standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio
Governing Board of the Collier County Water-Sewer District adopt the attached Resolution to
authorize submission of the SRF Loan Application and allow the County Manager or his
designee to sign the application.
Prepared by: Phil Gramatges, Principal Project Manager, Public Utilities Engineering.
~.~--..."
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C2
March 13, 2007
Page 2 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C2
RecommendatlOn to approve a Resolution authorizing the submission of a State Revolving
Fund lowinterest Construction Loan Application and authorizing the Loan Agreement wIth the
Florida Department of Environmental Protection for Collier Countys South County Regional
Water Treatment Plant (SCRWTPj 20 Million Gallons Per Day (MGD) Wellfield Expansion.
Project No. 708921
3113/20079:0000 AM
Date
Prepared By
Phil E. Gramatges, P.E.
Public Utilities
Sr. Project Manager
Public Utilities Engineering
2/20/20074:09:28 PM
Date
Approved By
Paul Mattausch
Public Utilities
Water Director
Water
2/21120078:51 AM
Date
Approved By
TI10mas Wides
Public Utilities
Operations Director
Public Utilities Operations
2122/200711 :52 AM
Date
Approved By
Roy B. Anderson, P .E.
Public Utilities
Public Utilities Engineering Director
Public Utilities Engineering
2/2212007 2:24 PM
Date
Approved By
James W. Delany
Public Utilities
Public Utilities Administrator
Public Utilities Administration
2123/2007 10:04 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
2126/20072:12 PM
Date
Approved By
Susan Usher
County Manager's Office
Senior ManagemenUBudget Analyst
Office of Management & Budget
3/712007 10:43 AM
Date
App roved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
3/7/2007 11:44 AM
Date
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
317/2007 1 ;26 PM
RESOLUTION NO. 2007-_
RESOLUTION NO. CWS 2007-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, RELATING TO THE STATE REVOLVING
FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN
APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING
PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES;
PROVIDING ASSURANCE AND EFFECTIVE DATE
Agenda Item No. 16C2
March 13, 2007
Page 3 of 16
I
I
WHEREAS, Florida Statues provide for loans to local government agencies to finance
the planning, design, administration and construction of drinking water facilities. The Florida
Administrative Code requires authorization to apply for loans and to enter into these loan
agreements; and
WHEREAS, the State Revolving Fund loan priority list designates Project No.
DWIIII040 as eligible for available funding and Collier County intends to enter into a loan
agreement with the Florida Department of Environmental Protection under the State Revolving
Fund for project financing.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT that;
SECTION 1. The foregoing findings are incorporated herein by reference and made a part
hereof.
SECTION 2. The Board of County Commissioners of Collier County, Florida, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District ("District") is authorized to apply
for a construction loan to finance the South County Regional Water Treatment Plant 20 MGD
Wellfield Expansion project 708921.
SECTION 3. The revenues pledged for the repayment of this loan are the Gross Revenues
derived yearly from the operation of the Water and Sewer Systems and Development Fees, after
payment of the Operation and Maintenance Expense and the satisfaction of all yearly payment
obligations on account of the Senior Revenue Obligations and any senior obligations issued.
SECTION 4. The Division Administrator of the Collier County Public Utilities is hereby:
(a) Designated to be the District's authorized representative to provide assurances
and commitments required by the loan applications; and
(b) Authorized to execute the loan agreements/amendments (which will become a
binding obligation in accordance with its terms when signed by both parties); and
( c) Authorized to represent the District in carrying out its responsibilities under the
loan agreement; and is
(d) Authorized to delegate responsibility to appropriate staff to carry out technical,
financial, and administrative activities associated with the loan agreement.
SECTION 5. The legal authority for the District borrowing moneys to construct this Project is
Florida Statutes.
SECTION 6. This Resolution shall become effective immediately upon its adoption.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of , 2007
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS
EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER -
SEWER DISTRICT
By:
Deputy Clerk
BY:
JAMES COLETTA, Chairman
Approved as to form and legal sufficiency:
[bW\ Q)~
Thomas C. Palmer, ASSIstant County Attorney
"
(
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Agenda Item No. 16C2
March 13, 2007
Page 4 of 16
LOAN APPLICATION
(1) SUBMITTAL. Submit the application and attachments to the Department of Environmental Protection,
MS 3505, Bureau of Water Facilities Funding, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
(2) COMPLETING THE APPLICATION.
(a) This application consists of four parts: (I) ADMINISTRATIVE INFORMATION; (II) PROJECT
INFORMATION; (III) FINANCIAL INFORMATION; and (IV) APPLICANT RESOLUTION, ASSURANCES, AND
CERTIFICATION.
(b) All information provided on this application must be typed. Monetary amounts may be rounded to the
nearest $1,000.
(c) Attachments to be submitted are denoted with italic print. They are to be listed on Page 10.
(3) ASSISTANCE.
Bureau of Water Facilities Funding staff are available to provide assistance. Please call (850) 488-8163 or
SUNCOM 278-8163.
PART I - ADMINISTRATIVE INFORMATION
(1) PROJECT SPONSOR APPLYING FOR LOAN. Collier County
Federal Employer Identification Number. 59-6000558
(2) AUTHORIZED REPRESENTATIVE. [Person formally authorized by the project sponsor to sign or attest to
loan documents, including this application. If more than one, attach the information (Attachment # ->.]
Name James DeLonv. P.E. Telephone (239) 732-2540
Title Administrator. Public Utilities Division
Mailing Address 3301 East Tamiami Trail. BuildinQ H. Third Floor Naoles. Florida 34112
(3) PRIMARY CONTACT PERSON. (Person to answer questions about this application.)
Name Mark Brewer Telephone (941) 756-5800
Title President! Client ManaQer Fax # (941) 756-0804
Employer Anaie Brewer and Associates. LC
Mailing Address 9104 58th Drive East Bradenton. Florida 34202
(4) ADDITIONAL PERSON(S) TO RECEIVE COpy OF DEPARTMENT CORRESPONDENCE. (If more than
one, attach the information (Attachment #->.
Name Thomas Wides Telephone (239) 530-5343
Title Ooerations Director Employer Collier Countv. Public Utilities Division
Mailing Address 3301 East Tamiami Trail. Buildino H. Third Floor Naoles. Florida 34112
(5) PROJECT NUMBER (identified on the Department's priority list).
DW 1111 040
DEP Fonn 62-552.900(2)
Page 1 of 12
Effective Date
07-20-99
Agenda Item No. 16C2
March 13, 2007
Page 5 of 16
-
(6) LOAN AGREEMENT DATE. When do you expect to sign the Loan Agreement? April 3, 2007.
(Allow time for Department preparation of agreement, applicant review, and local commission meeting if
applicable.)
(7) PREAWARD COMPLIANCE. Has an EPA Preaward Compliance Review Report been submitted
for this project? L Yes. _ No. If "yes", identify the date submitted to the Department
September 14, 2006. If not, please complete and attach the EPA form. (Attachment #
(8) FEDERAL EQUIVALENCY REQUIREMENTS. As a result of the federal funding of the State Revolving Fund
Program for Drinking Water Facilities, there are federal requirements that must be met to enable financial
assistance for any project. These requirements are identified under PART IV of this application.
PART II _ PROJECT INFORMATION. Complete SUBPART A or SUBPART B as appropriate.
SUBPART (A): PRECONSTRUCTION LOAN INFORMATION.
(1) PRECONSTRUCTION ACTIVITIES. Attach a brief description of the scope of planning and design activities to
be financed by this loan.
(2) PRECONSTRUCTION LOAN SCHEDULE.
(a) Provide proposed completion dates for the items below. (Please call Department staff to discuss time
frames needed to complete required tasks.)
Water facilities plan adoption by the Project Sponsor.
Engineering design.
Certification of site availability (for construction and operation).
(b) Do you anticipate that a contractual agreement with another party will be necessary to implement the
_ project? _Yes. No. If "yes", list entities to be involved.
(3) PRECONSTRUCTION LOAN PROJECT COSTS. Is the cost information submitted for the priority list
current? _Yes. _No. If "no', please explain and submit revised cost information (Attachment #-->
using the appropriate page of the Request for Inclusion on the Priority List for Drinking Water Facilities Form 62-
552.900(1), F.A.C. Note that the disbursable amount (including the repayment reserve) will be limited to the
priority list amount. Preconstruction loans are not available to finance the non-grant share of SRF preconstruction
grants.
SUBPART B: CONSTRUCTION LOAN INFORMATION.
(1) CONSTRUCTION ACTIVITIES
(a) Attach a brief description of construction activities to be financed by this loan. Include a list of the
construction contracts (by title) corresponding to the plans and specifications accepted by the Department
(Attachment tL1..J. Also provide a proposed "start date" and "completion date" for each contract
(b) Attach a copy of the Department letter(s) accepting the plans and specifications and all addenda
(Attachment tLL).
(c) Does this project involve a contractual service agreement with other entities? _ Yes. -LNo. If
"yes., attach a copy of the Department letter accepting the agreement. (Attachment # -> Is the
agreement, as accepted by the Department, fully executed and enforceable? _ Yes. No. If
. "no', please explain (Attachment #->.
DEP Form 62-552.900(2)
Page 2 of 12
Effective Date
07-20-99
"
L
".,..
Agenda Item No. 16C2
March 13,2007
Page 6 of 16
(d) Has the Department accepted a clear site title certification for the project? L Yes. _No. If "yes",
provide evidence of such certification or its acceptance. (Attachment # 3 ) If "no", explain.
(Attachment # )
(e) Attach evidence that either a permit from the Department is not required to authorize project construction
or that such authorization has been issued by the Department (Attachment # 4 )
(2) CONSTRUCTION LOAN PROJECT COSTS.
Is the cost information submitted for the priority list current? lL Yes. _No. If "no", please explain and
submit revised cost information (Attachment # _) using the appropriate page of the Request for Inclusion on
the Priority List for Drinking Water Facilities Form 62-552.900(1), F.A.C. Note that the disbursable amount
(including the repayment reserve) will be limited to the priority list amount.
PART 11I- FINANCIAL INFORMATION
(1) PRINCIPAL AMOUNT OF THE LOAN. The r.equested amount of the loan, including capitalized interest
(which is not disbursed), is $63.858.052. The estimate of the capitalized interest is $1.458.737. Note that the
disbursable amount will be limited to the priority list amount and must be consistent with the information provided
under PART II of this application. Also note that the capitalized interest is an inexact estimate. and it is subject to
adjustment by the Department to reflect disbursement timing.
(2) LOAN TERMS AND REPAYMENT.
(a) If a construction loan involves a financially disadvantaged community, loans are amortized over 30 years,
or less, with interest and principal paid semiannually. If a construction loan is not for a project to serve such a
community, loans are amortized over 20 years, or less, with interest and principal paid semiannually.
Preconstruction loans are amortized over not more than 10 years. with interest and principal paid
semiannually. Do you want to repay the loan in less than the maximum amortization period?
_Yes. X No. If "yes", identify the number of years
(b) Due to limitations on availability of State Revolving Fund revenues, a large (generally in excess of $8
million unless the loan is to be made from the reserve for small communities in which case the amount
generally would be in excess of $1.5 million) loan amount may be provided in increments pursuant to the
initial loan agreement and subsequent amendments as well Chapter 62-552, F.A.C. Each increment shall
have a separate interest rate as established in the agreement or amendment providing that increment. If in
doubt about whether the funding will be segmented, this matter should be discussed with Department staff.
(c) List all revenues that are to be pledged for repayment of this loan. (Note: Typically, water system or water
and sewer system revenues are pledged, and the net revenues available for loan repayment must equal at
least 1.15 times the annual debt service unless special reserves are locally funded. Rule 62-552.430, F.A.C.,
addresses pledged revenues and coverage requirements.
Gross Revenues derived vearlv from the operation of the Water and Sewer Systems and Development Fees.
after payment of the Operation and Maintenance Expense and the satisfaction of all yearlv payment
oblioations on account of the Senior Revenue Obliaations and any senior obliaations issued.
(3) LOAN REPAYMENT RESERVE. The Applicant will be required to maintain a Loan Repayment Reserve
Account to provide an interim remedy for any deficiency in pledged revenues. This reserve shall be no less than
0.03 times the total loan amount less the portion of the loan for capitalized interest and loan repayment reserve.
Loan proceeds will be provided to establish the minimum (0.03) reserve.
DEP Form 62-552.900(2)
Page 3 of 12
Effective Date
07-20-99
-
-
.
Agenda Item No. 16C2
March 13, 2007
Page 7 of 16
(4) ADDITIONAL LOAN SECURITIZATION. If the project sponsor does not meet the requirements of Rule 62-
552.430(4), FAC., for pledged revenue, loan repayment responsibility, default remedies, and debt service
history, indicate which of the following securitization provisions the project sponsor is prepared to negotiate
(describe each in Attachment # ):
(a) Additional escrowed loan repayment reserve. No Yes
(b) Letter of credit. No
Yes
(c) Lien on tangible assets. No _ Yes
(d) Personal or corporate obligation. No _ Yes
(e) Other equivalent securitization. No Yes
(5) INFORMATION ON LIENS.
(a) Describe all debt obligations having a prior or parity lien on the revenues pledged for this Loan
(Attachment ~); see the following example:
City Name, Florida, Water and Sewer System Revenue Bonds, Series 1996, issued in the amount of
$10,000,000, pursuant to Ordinance No. 93-104, as amended and supplemented by Ordinance No. 96-156.
(b) Using the Schedule of Prior and Parity Liens (oaaes 7.8 and 9), provide debt service information on each
prior and parity obligation. For the listed obligations, provide a copy of the ordinance(s), resolution(s), official
statement(s), or pages thereof, setting forth the definitions, use of proceeds, debt service schedule, pledged
revenues, rate covenants, provisions for issuing additional debt, provisions for bond insurance,
and debt rating (Attachment ~.
(6) ACTUAL AND PROJECTED REVENUES.
(a) Complete the Schedule of Actual Revenues and Debt Coverage for Rate-Based System Pledged
Revenues (page 10) for the past two fiscal years. Additional information may be required if deemed
necessary by the Department to evaluate credit-worthiness of the applicant.
(b) Complete the Schedule of Projected Revenues and Debt Coverage for Rate-Based System Pledged
Revenue (oaae 11), demonstrating the availability of pledged revenues for loan repayment. All projects
expected to be implemented in the next five years are to be reflected into the need for projected revenues.
(7) LEGAL OPINION ON THE AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a
written legal opinion (Attachment # 7 ) addressing the:
(a) Availability of the revenues to repay the loan;
(b) Right to increase rates at which revenues shall be collected to repay the loan; and
(c) Subordination of the pledge if pledged revenues are subject to a prior or parity lien.
(8) RESOLUTION ESTABLISHING PLEDGED REVENUES. Provide a certified resolution or other
documentation (Attachment # 8 ) of the formal action taken by the applicant that establishes the pledged
revenues.
PART IV - APPLICANT RESOLUTION, ASSURANCES, AND CERTIFICATION
(1) RESOLUTION. Provide a certified resolution or other documentation (Attachment tLJL) of the formal action
taken by Applicant that:
(a) Authorizes this application; and
"-"",
DEP Form 62-552.900(2)
Page 4 of 12
Effective Date
07-20-99
"
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~
Agenda Item No. 16C2
March 13, 2007
Page 8 of 16
(b) Designates the Authorized Representative(s) to file the application. provide assurances. execute the loan
agreement. and represent the Applicant in carrying out responsibilities (including that of requesting loan
disbursements) under the loan agreement.
(2) ASSURANCES AND CERTIFICATION. The Applicant agrees to comply with the laws. rules, regulations,
policies and conditions relating to the loan for this project. Specifically, the Applicant certifies that it has complied,
as appropriate, and will comply with the following requirements in undertaking the project:
(a) Complete all facilities recommended in the approved facilities plan.
(b) The Archaeological and Historic Preservation Act of 1974, PL 93-291, and the National Historic
Preservation Act of 1966, PL 89-665, as amended, regarding identification and protection of historic
properties.
(c) The Clean Air Act, 42 U.S.C. 7506(c). which requires conformance with State Air Quality Implementation
Plans.
(d) The Coastal Zone Management Act of 1972, PL 92-583, as amended, which requires assurance of
project consistency with the approved State management program developed under this Act.
(e) The Endangered Species Act, 16 U.S.C. 1531, et seq., which requires that projects avoid disrupting
threatened or endangered species and their habitats.
(f) Executive Order 11593, Protection and Enhancement of the Cultural Environment, regarding
preservation, restoration and maintenance of the historic and cultural environment
(g) Executive Order 11988, FlOOdplain Management, related to avoiding, to the extent possible. adverse
impacts associated with floodplain occupancy, modification and development whenever there is a practicable
alternative.
(h) Executive Order 11990, Protection of Wetlands, related to avoiding, to the extent possible, adverse
impacts associated with the destruction or modification of wetlands and avoiding support of construction in
wetlands.
(I) The Fish and Wildlife Coordination Act, PL 85-624, as amended, which requires that actions to control
natural streams or other water bodies be undertaken to protect fish and wildlife resources and their habitats.
(j) The Wild and Scenic Rivers Ac~ PL 90-542, as amended, related to protecting components or potential
components of the national wild and scenic rivers system.
(k) The federal statutes relating to nondiscrimination, including: The Civil rights Act of 1964, PL 88-352,
which prohibits discrimination on the basis of race, color or national origin; the Age Discrimination Act, PL 94-
135, which prohibits discrimination on the basis of age; Section 13 of the Federal Water Pollution Control Act,
PL 92-500, which prohibits sex discrimination; the Rehabilitation Act of 1973, PL 93-112, as amended, which
prohibits discrimination on the basis of handicaps.
(I) Executive Order 11246. Equal Employment Opportunity. which provides for equal opportunity for all
qualified persons.
(m) Executive Orders 11625 and 12138, Women's and Minority Business Enterprise, which require that small,
minority, and women's business and labor surplus areas are used when possible as sources of supplies,
equipment, construction, and services.
(n) The Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended, which
requires that projects be reviewed in accordance with state clearinghouse procedures.
(0) The Amended Safe Drinking Water Act, PL 104-182, which sets forth requirements for public water
systems.
(p) The Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq., regarding protection and conservation of the
coastal barrier resources.
(q) The Farmland Protection Policy Act, 7 U.S.C. 4201 et seq., regarding protection of agricultural lands from
irreversible loss.
DEP Form 62-552.900(2)
Page 5 of 12
Effective Date
07-20-99
.
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-
Agenda Item No. 16C2
March 13, 2007
Page 9 of 16
(r) The Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646, which provides for
fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or
federally assisted programs.
(s) Section 306 of the Clean Air Act, Section 508 of the Clean Water Act and Executive Order 11738, which
prohibit manufacturers, firms, or other enterprises on the EPA's list of Violating Facilities from participating in
the Project.
(t) Executive Order 12549, Debarment and Suspension, which prohibits any award to a party which is
debarred or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance
programs.
(u) Minority and Women's Business Enterprise participation in project work using numerical goals,
established by the U.S. Environmental Protection Agency, and to be set forth in the specifications for
construction and materials contracts.
I, the undersigned Authorized Representative of the Applicant, hereby certify that all information contained herein
and in the attached is true, correct, and complete to the best of my knowledge and belief. I further certify that I
have been duly authorized to file the application and to provide these assurances.
Authorized Representative
James DeLonv. P.E.
Public Utilities Administrator
(signature)
Signed this Day of
,20
Attachments
THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
,-.....,
DEP Form 62-552.900(2)
Page 6 of 12
Effective Date
07-20-99
Agenda Item No. 16C2
March 13, 2007
Page 10 of 16
..,
SCHEDULE OF PRIOR AND PARITY LIENS
Ust annual debt service beginning two years before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary.
IDENTIFY EACH OBLIGATION
#1 Water & Sewer Taxable Refunding Revenue '2 Water & Sewer Taxable Refunding Revenue tI3 Water & Sewer Taxable Refunding Revenue
Bonds - Series 2003A Bonds - Series 2003B Bonds - Series 19119A
Coverage" 125" Coverage" 125" Coverage" 125"
Insured Yes Insured Yes Insured Yes
M Water & Sewer Taxable Refunding Revenue lI!li Water and Sewer Revenue Bonds lI!li SRF Loan CS120597070
Bonds - Series 1999B Series 2006
COVlllllge" 125" COl'elllge" 125% Covelllge" 125'16
Insured Yes Insured Yes Insured Yes
FISCAL ANNUAL DEBT SERVICE (PRINCIPAL PLUS INTERESTl ~
YEAR. W/COVERAGE* SERVICE W/COVERAGE*
#1 #2 #3 #4 #5 #6
2004 $2,822.281 $1.646.138 $1,246.160 $1.973,404 $1,060.598 $ -
2005 $2.824.819 $1.683.550 $822,347 $1.968,804 $1.060.598 $ -
2006 $2.819.019 $1.683.550 $817.648 $1,967,604 $1.060,598 $ -
2007 $2.820.856 $1.683,550 $826.518 $1.964.604 $2.735,729 $1,060.598 $ -
2008 $2.821,425 $1.683.550 $818,317 $1.974 804 $4,974.053 $1.060.598 $ -
-Z009 $764.975 $3.733.550 $819,317 $1,971,079 $4,974.053 $1.060.598 $ -
10 $4,501,050 $818.362 $1.969.879 $4.974,053 $1.060,598 $ -
,011 $4.835.050 $1.970.979 $4,974,053 $1,060,598 $ -
2012 $4,835.050 $1.974,154 $4,974,053 $1,060.598 $ -
2013 $4.836,550 $1.979,179 $4.974,053 $ -
2014 $4,837,175 $1.977,569 $4,974,053 $ -
2015 $4,837.125 $1.967,319 $4,974.053 $ -
2016 $2,630,875 $1,971,094 $4 974.052 $ -
2017 $1.799,000 $7.284,052 $ -
2018 $1.798.500 $7,285.877 $ -
2019 $1,799,500 $7.283.452 $ -
2020 $1.796,750 $7.286.777 $ -
2021 $1,790,250 $7.291,977 $ -
2022 $9,082.777 $ -
2023 $9,081,790 $ -
2024 $9,085,790 $ -
2025 $9,082.540 $ -
2026 $9,081.790 $ -
2027 $9.082,790 $ -
*Totals located on the last page of this form.
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DEP Form 62-552.90(2)
Page 7 of 12
Effective Date 07-20-99
Agenda Item No. 16C2
March 13, 2007
Page 11 of 16
e
SCHEDULE OF PRIOR AND PARITY LIENS - Cont'd.
List annual debt service beginning two years before the anticipated loan agreement date and continuing alleast fifteen fiscal years. Use additional pages as necessary.
IDENTIFY EACH OBLIGATION
111 SRF Loan CS 120597090 18 SRF Loan CS120597100 #9 SRF Loan CS 12059715P
Coverage" 125" Coverage" 125" Coverage" 125"
Insured Yes Insured Yes Insured Yes
1J10 SRF Loan WWG12059715LOl #11 SRF Loan WWG12059715L02 #12 SRF Construction Loan WWG12059715L03
Payments per Final Amendment 12/06 Payments per Final Amendment &'2006 Estimated Payments per Agreement
Coverage" 125" Coverage" 125% Coverage" 125"
Insured Yes Insured Yes Insured Yes
FISCAL ANNUAL DEBT SERVICE (PRINCIPAL PLUS INTERESn ~
SERVICE AL *
YEAR W /COVERAGB* SERVICB W /COVRRAGB
#7 #8 #9 #10 #11 #12
2004 $886,480 $1.508.800
2005 $886.480 $1,463.311 $346.589 $510.386
2006 $886,480 $1.463.311 $346.589 $510.386 $972.224 $393,783
2007 $886,480 $1.463,311 $346.589 $440.335 $1.944.449 $787.566
008 $886.480 $1,463,311 $346.589 $440.335 $1.944.449 $787.566
9 $886.480 $1,463.311 $346.589 $440.335 $1,944449 $787.566 -
2010 $686.480 $1.463.311 $346.589 $440.335 $1.944,449 $787.566
2011 $886.480 $1.463.311 $346.589 $440.335 $1,944.449 $787.566
2012 $886.480 $1.463.311 $346589 $440.335 $1.944.449 $787 566
2013 $886.480 $1.463,311 $346,589 $440.335 $1.944.449 $787.566
2014 $886.480 $1.463.311 $346.569 $440.335 $1,944,449 $787.566
2015 $886.480 $1.463.311 $346.589 $440,335 $1.944.449 $787.566
2016 $886.480 $1,463.311 5346.589 $440.335 $1.944,449 $787.566
2017 $886.480 $1.463.311 $346.589 $440.335 $1.944,449 $787.566
2018 $886.480 $1,463.311 $346,589 $440.335 $1.944.449 $787.566
2019 $1.463.311 $346.589 $440.335 $1.944,449 $787.566
2020 $1.463.311 5346.589 $440.335 $1.944.449 $787.566
2021 $1.463.311 $346.589 $440.335 $1,944.449 $787.566
2022 $346,589 $440.335 $1.944.449 $787.566
2023 $346.589 $440.335 $1.944,449 $787.566
2024 $346.589 $440.335 $1.944.449 $787.566
2025 $1.944,449 $787.566
2026 $972.224 $393.783
2027
"Totals located on the last page of this form.
-
DEP Form 62-552.90(2)
Page 8 of 12
Effective Date 07-20-99
Agenda Item No. 16C2
March 13, 2007
Page 12 of 16
"
SCHEDULE OF PRIOR AND PARITY LIENS - Cant'd.
List annual debt service beginning two years before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary.
IDENTIFY EACH OBLIGATION
#13 SRF Pre-Construction loan WW59716P #14 SRF Construction loan WW59717S #15 SRF Construction loan WW120597180
Estimated Payments per Agreement Estimated Payments per Agreement Estimated Payments per Agreement
Cowrage" 120'16 Coverage" 120'16 Coverage" 120"
Insured Yes Insured Yes Insured Yes
#16 SRF Construction Loan OW1111 020 #17 SRF Construction Loan OW1111 030
Estirmrged Payments per Agreement Loan Appfication In process
Coverage" 120'16 Coverage" 120'16
Insured Yes Insured Yes
FISCAL ANNUAL DEBT SERVICE (PRINCIPAL PLUS INTEREST! ~
YEAR SERVICE W ICOVERAGE SERVICE W ICOVERAGE
#13 #14 #15 #16 #17 #18
2004 $ 9,609,978 $4,319,848
2005 $ 9,124,400 $5,334.205
2006 $424,132 $ 9,109.776 $7,550,672
2007 $234,461 $363.097 $169.348 $ 12,539.071 $9,581,947
, $468.922 $363.097 $338.696 $405.710 $1,018.723 $ 15,340,186 $11,775.838
1\.......';9 $468,922 $363.097 $338.696 $405,710 $2,037.446 $ 15.328,717 $12,998,305
2010 $468.922 $363,097 $338,696 $405,710 $2.037,446 $ 15.329,179 $12,998.305
2011 $468,922 $363,097 $338.696 $405,710 $2,037,446 $ 14,725,103 $12,998.305
2012 $468.922 $363,097 $338.696 $405,710 $2.037.446 $ 14,729.071 $12.998.305
2013 $468,922 $363.097 $338.696 $405,710 $2.037.446 $ 14.737.227 $11,672.558
2014 $468.922 $363.097 $338.696 $405.710 $2,037.446 $ 14.735,996 $11,672,558
2015 $468,922 $363,097 $338.696 $405,710 $2,037.446 $ 14,723.121 $11,672.558
2016 $468.922 $363,097 $338.696 $405.710 $2.037,446 $ 11,970,026 $11 ,672.558
2017 $468.922 $363,097 $338.696 $405.710 $2.037,446 $ 11.353,815 $11,672.558
2018 $468.922 $363,097 $338.696 $405.710 $2,037,446 $ 11.355.471 $11,672,558
2019 $468,922 $363,097 $338.696 $405.710 $2,037.446 $ 11.353,690 $10.564.458
2020 $468 922 $363.097 $338.696 $405,710 $2.037.446 $ 11,354,409 $10,564,458
2021 $468,922 $363,097 $338.696 $405.710 $2,037,446 $ 11,352,784 $10,564.458
2022 $468,922 $363.097 $338.696 $405,710 $2,037,446 $ 11,353,471 $8,735.319
2023 $468,922 $363.097 $338.696 $405,710 $2,037.446 $ 11.352.238 $8,735.319
2024 $468,922 $363.097 $338,696 $405,710 $2.037.446 $ 11.357,238 $8,735.319
2025 $468.922 $363,097 $338.696 $405,710 $2.037,446 $ 11.353.175 $7.751.664
2026 $468.922 $338,696 $405.710 $2.037,446 $ 11.352.238 $5,608,438
2027 $234,461 $169.348 $405.710 $2.037,446 $ 11.353,488 $3.416,358
~
DEP Form 62.552.900(2)
Page 9 of 12
Effective Date 07.20.99
Agenda Item No. 16C2
March 13, 2007
Capitcp:> ~~en~!9Qjf' I".,
(g.)
SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE FOR PLEDGED REVENUE
(Provide information for the two fiscal years preceding the anticipated date of the SRF Loan Agreement)
FY04 FY05
Operating Revenues(IdentifY) $ 64,725,897 $ 72,462,470
Interest Income $ 4,095,329 $ 5,302,991
Other Incomes or Revenues (IdentifY)
Miscellaneous $ 206,379 $ 733,3B5
System Development Fees $ 25,641,401 $ 23,52B,05B
Total Revenues $ 94,669,006 $ 102,026,904
Operating Expenses (excluding interest on debt,
depreciation, and other non-cash items) $ 39174,075 $ 44.115579
Net Revenues (f = d - e) $ 55,494,931 $ 57,911,325
Debt Service (including coverage) Excluding SRF
Loans $ 9.609,978 $ 9,124,400
Debt Service (including coverage) for
Outstanding SRF Loans $ 4,319,84B $ 5,334,205
Net Revenues After Debt Service (i=f-g-b) $ 41,565.106 $ 43.452.720
Attach audited annual financial report(s), or pages thereof, or other documentation necessary to support the above information.
Include any notes or comments from the audit reports regarding compliance with covenants of debt obligations having prior or parity
lien on the revenues pledged for repayment of the SRF Loan. (Attachment # 10 )
Attach wor1<sheets reconciling this page with the appropriate financial statement (for example, backing out depreciation and interest
payments from operating expenses). (Attachment--->
If the net revenues were not sufficient to satisfy the debt service and coverage requirement, please explain what corrective action
was taken. (Attachment--->
System Development Fees - In addition to the monthly rates for water and sewer service, the District currently charges System
Development Fees. which are sometimes referred to as "impact fees" or "System Development Charges", based upon an equitable
and proportionate share of the cost for: water production and transmission facilities; and wastewater transmission treatment and
effluent disposal capacity of the System. Although the Resolution refers to these fees as "System Development Fees," the
ordinance enacted by the Board establishing such fees (and the District in practice) refers to them as "Impact Fees."
-
(a.)
(b.)
(c.)
(d.)
(e.)
(f.)
(h.)
- (i.)
U.)
(k.)
(I.)
(m.)
Source: Financial Statements - Collier County FY 04, FY 05 - FY 06 IS pending approval
.
~,
1/23/2007
10 of 12
FDEP Effective: 6/1/01
(a.)
SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE FOR PLEDGED REVENUE
(Begin with the fiscal year preceding first anticipated semiannual/oan payment)
FY07 FY08 FY09 FY10 FY11
Operating Revenues (IdentifY) $ 87,550,286 $102,945,992 $110,074,153 $117,466,049 $125,131,388
Interest Income $ 1,967,407 $ 2,134,885 $ 2,426,179 $ 2,530,638 $ 2,455,013
Other Incomes or Revenues
(IdentifY)
Miscellaneous $ 6,404,024 $ 7,394,347 $ 8,363,495 $ 9,342,139 $ 10,329,338
System Development Fees $ 30,244,535 $ 30,244,535 $ 30,244,535 $ 30,244,535 $ 30,244,535
Total Revenues $126.166.252 $142,719,759 $151.108.362 $159.583,361 $ 168.160.274
Operating Expenses (excluding
interest on debt, depreciation, $ 57,875,717 $ 62,895,474 $ 68,591,125 $ 77,081,725 $ 87,423,652
and other non-cash items)
Net Revenues (f = d - e) $ 68.290.535 $ 79.824.285 $ 82.517.237 $ 82.501 ,636 $ 80,736.622
Existing Debt Service on Non-
SRF Projects (including $ 12,539,071 $ 15,340,186 $ 15,328,717 $ 15,329,179 $ 14,725,103
coverage)
Existing SRF Loan Debt Service $ 9,581,947 $ 11,775,838 $ 12,998,305 $ 12,998,305 $ 12,998,305
(including coverage)
Total Existing Debt Service $ 22.121.019 $ 27.116.023 $ 28.327.022 $ 28.327.485 $ 27.723.408
(i=g+h)
Projected Debt Service on Non-
SRF Future Projects (including $ - $ . $ . $ - $ -
coverage)
Projected SRF Loan Debt $ . $ - $ 4.896,810 $ 4.896.810 $ 4,896,810
Service (including coverage)
Total Debt Service (Existing $ 22.121,019 $ 27.116,023 $ 33.223.832 $ 33.224.294 $ 32.620.218
and Projected) (l=i+j+k)
Net Revenues After All Debt $ 46.169,516 $ 52,708,262 $ 49.293.405 $ 49.277.342 $ 48.116.404
Service (m=f-l)
Agenda Item No. 16C2
C 't I March :13, 2007
apl a F~I"g f5i~
-
(b.)
(c.)
(d.)
(e.)
(f.)
(g.)
(h.)
L
(i.)
G.)
(k.)
(I.)
(m.)
~
Source: Figures used from the Offical Statement - Collier County Water-Sewer District, Water and Sewer Revenue Bonds,
Serries 2006 dated November 28, 2006, Projected Operating Results page 78. (Attachment #1 0)
Notes: (Le. Rate Increases, Explanations, etc.)
Collier County has approved a rate increase that was effective October 1, 2006. In October 1, 2007 there will be an additional rate
increase of approximately 9% for Wastewater and 13% for Water. (Attachment # 10)
For Construction loans, are the above projections consistent with the accepted feasibility information? YES
1/16/2007
11 of 12
FDEP Effective: 6/1/01
.
.
.
LIST OF ATTACHMENTS
Please list all attachments that you are including with this application form.
Attachment
Project Description
Plans and Specifications Approval Letter
Site Certification
Permit
Description of Debt Obligations
Debt Service Information
Legal Opinion Letter
Loan Resolution
Request for Inclusion
Backup Financial Information (CAFR)
Agenda Item No. 16C2
March 13, 2007
Page 15 of 16
Number
1
2
3
4
5
6
7
8
9
10
DEP Form 62-552.900(2)
Page 12 of 12
Effective Date
07-20-99
_6 & .1\......,
~~~~
C./li14/ J"'p~l Fhur.a./ Sl'f'CMliw
Agenda Item No. 16C2
March 13, 2007
Page 16 of 16
-
Administrative Allowance -"-.,,'. --. $ 345 301
Engineering Allowance .- $ 3,280.358
Construction. Demolition and Related Procurement $ 47.958.450
Eligible Land --,_. -- $ 0
Contingency (10% or 5% of construction and land) .- --- $ 2,397,923
Legal and Technical Services during Construction ------- $ 7193.768
Interim Financing (excluding SRF capitalized interest) ---"-- $ 0
Cost of Refinancing (such as underwriter fees) --_...----- $ 0
Start-up Services ------- ..~..-.- $ 0
Allowance . -- -_._.~_._-- $ 0
Subtotal and amount for IIlan application ~r:t III. Item 1 ._-~ $ 61.175,799
Years to Construct I Capitalized Interest 1.90 $ 1,458,737
Total Cost for Priority List $ 62,634,536
Service Fee (2% of subtotal) $ 1.223.516
Total Cost for Amortlzatlon $ 63,858,052
Estimated Interest Rate 2.51%
Seml-annual Payment Start Date I Annual Payment 7/2/2009 $ 4,080,675
Annual Payment with 120 % Coverage $ 4,896,810
Total Payments $ 81,588,210
SRF DW PROJECT COST WORKSHEET I LOAN CALCULATION
# is from Construclion GrantfLoan A1IO'11ance Calculation sheet
'# Is. from Construction GrlntlLOIIn AIIawance Calculation sheet
Construction dollars
5% (projec1 wa. bid)
15% for Toch Sy. used
removed ...al1up cost
Net Yall~ for OW
~
Notes:
~
EXECUTIVE SUMMARY
Agenda Item No. 16C3
March 13, 2007
Page 1 of 21
Recommendation to authorize a budget amendment in the amount of $459,250 and
award Bid No. 06-3946R to D.N. Higgins, Inc. for the North County Regional Water
Treatment Plant (NCRWTP) Water Chemistry Laboratory Ventilation Improvements
in the amount of $683,000; Project 700952.
OBJECTIVE: The public purpose is to continue to meet the water demands of our
customers while being fully compliant with all laws, codes, and ordinances. Ventilation and
equipment improvements are greatly needed at the NCRWTP Water Laboratory to support
this mission.
CONSIDERATIONS: The NCRWTP Water Laboratory was evaluated and improvements
were recommended for fume hood ventilation effectiveness, air unit temperature and
humidity control, and effectiveness of air unit operation during use of exhaust hoods.
Improvements to the laboratory fresh air intake were also recommended to lessen the effect
of plant generator exhaust on laboratory ventilation. Bid # 06-3946R, Construction of North
County Regional Water Treatment Plant Chemistry Laboratory Ventilation Improvements,
was re-advertised for a second time after the Board approved the rejection of a sole bid of
$784,000 on September 26, 2006, Agenda Item 16C3. The project was re-advertised on
November 6, 2006 in accordance with County purchasing policies, and 204 notices were
sent. Prospective bidders purchased six sets of bidding documents and on December 21,
2006, one (1) bid was received for the project from D.N. Higgins, Inc. in the amount of
$683,000. The proposal is in excess of the third party engineering estimate of $534,303, but
is $101,000 less than the previously received bid response of$784,000. The bid response was
studied by the County Purchasing and Public Utilities Engineering Departments, and was
determined to be acceptable considering the current competitive construction environment.
The Purchasing Department received no complaints or notice of any problems from any of
the prospective bidders regarding the nature and scope of the project during the bidding
period. The qualifications and bid price tabulations of the low and only bidder have been
scrutinized by Public Utilities Engineering leadership and the engineer of record, TLC
Engineering for Architecture, and have determined that D.N. Higgins, Inc. is qualified,
responsible and able to perform the work. The engineer's letter of recommendation is
attached.
A budget amendment is necessary to fulfill the project's completion. The budget amendment
form is attached. A summary of the total cost breakdown is as follows:
Available funds, Project 700952 $257,900
Construction Costs ($683,000)
Reserve Allowance Contingency (5%) ($ 34,150)
Budget amendment request - transfer from Project 710461 $459,250
Project Total $717,150 ($717,150)
The proposed contract is consistent with the 2005 Water Master Plan Update as adopted by
the Board on June 6, 2006, Agenda Item lOB. The Purchasing Department has reviewed the
information contained in this Executive Summary.
Executive Summary
Award Contract 06-3946R
Page 2
Agenda Item No. 16C3
March 13, 2007
Page 2 of 21
FISCAL IMPACT: Approximately $257,900 is currently available for Project 700952,
Facility Rehabilitation. A budget amendment is needed to transfer funds in the amount of
$459,250 from Project 710461,50/50 BrackishlTamiami Water Supply, to Project 700952.
Funding is available in the FY07 Capital Budget adopted by the Board of County
Commissioners on September 21,2006. The source of funds is Water User Fees (412).
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management
Plan standards to ensure the adequacy and availability of viable public facilities. The
proposed scope of work is consistent with the 2005 Water Master Plan Update as adopted by
the Board on June 6, 2006, as Agenda Item lOB.
RECOMMENDA TION: That the Board of County Commissioners, as the Ex-officio
Governing Board of the Collier County Water-Sewer District:
1. Approve the necessary budget amendment in the amount of $459,250 to appropriate
funds for Project completion; and
2. Award Bid 06-3946R to D.N. Higgins, Inc. in the amount of $683,000 and authorize
the Chairman to sign the contract after approval by the County Attorney.
PREPARED BY: Howard Brogdon, Project Manager, Public Utilities Water Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16C3
March 13, 2007
Page 3 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C3
Recommendation to authorize a budget amendment In the amount of $459,250 and award
Bid No. 06-3946R to D.N Higgins Inc. for the North County Regional Water Treatment Plant
(NCRVVTP) Water Chemistry Laboratory Ventilation Improvements In the amount of
$683,000; Project 700952
3113120079:00:00 AM
Date
Approved By
Karen B. Guliani, P.E.
Public Utilities
Senior Project Manager
Public Utilities Engineering
2/14/20074:34 PM
Date
Approved By
Pamela Libby
Public Utilities
Water Operations Manager
Water
2/19120071 :38 PM
Date
App roved By
Paul Mattausch
Public Utilities
Water Director
Water
2/19/200710:57 PM
Date
App roved By
Jack P. Curran
Administrative Services
Purchasing Agent
Purchasing
2120/2007 8:44 AM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
2/20/2007 9:59 AM
Date
Approved By
Mike Hauer
Administrative Services
Acquisition Manager
Purchasing
2/2112007 9:49 AM
Date
Approved By
Thomas Wi des
Public Utilities
Operations Director
Public Utilities Operations
2/21/20073:12 PM
Date
Approved By
Roy B. Anderson, P,E.
Public Utilities
Public Utilities Engineering Director
Public Utilities Engineering
2/22/20074:32 PM
Date
Approved By
James W, Delany
Public Utilities
Public Utilities Administrator
Public Utilities Administration
212812007 3:06 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
3/112007 8:00 AM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
3/6/2007 1 :34 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
316/20072:17 PM
Date
App roved By
James V. Mudd"
Board of County
Commissioners
County Manager
County Manager's Office
3/612007 3:05 PM
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Agenda Item No. 16C3
March 13,2007
Page 7 of 21
-
ENGINEERING
FOR ARCHITECTURE
February 1, 2007
Mr. Howard Brogon
Collier County Government
BOOS Vanderbilt Beach Rd.
Naples, FL 34120
Re: N.C. Regional Water Treatment Plant
Chemistry Laboratory Ventilation Improvement
TLC Project No. 405010
Dear Howard:
The above referenced project bids were read on December 21, 2006. The bidding
contractor, D.N. Higgins, Inc. met the bid requirements per the plans and specifications.
The bid was $683,000.
The contractor is qualified, responsible and able to perform the work, therefore is
recommended for approval. Attached for your reference is the bid "Bid Tabulationu.
Sincerely,
TLC ENGINEERING FOR ARCHITECTURE
~/~--~
Nicholas L. Mancuso. PE
Associate Senior Mechanical Engineer
Project Manager
Cc: Karen B. Guliani P.E.
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Agenda Item No. 16C3
March 13. 2007
Page 10 of 21
Construction
DynaDlics
Group
an ARCADIS company
P. U. E. l1.
· C 6 JUL -~,
f'1J !?: h'"
1: . t.. ,~"
June 29, 2006
Mr. Howard Brogdon
Project Manager
Collier County Public Utilities Engineering Department
3301 East Tamiami Trail
Building H, 3rd Floor
Naples, FL 34112
Re: Work Order No. CDG-FT-3657-Q6-01
Cost Estimate for North Collier County Regional Water Treatment Plant HVAC Renovation
Dear Mr. Brogdon,
We have completed a cost estimate for the HVAC Renovation at the North Collier County
Regional Water Treatment Plant. The cost estimated is based upon the drawings and
specifications prepared by TLC Engineering dated 7/14/2005.
The scope of work includes furnishing and installing the following equipment and materials:
1. Outside Air Solutions Model DP-50 690-DHR Makeup Air Unit air handler, ACU-690
condensing unit and associated refrigeration piping.
2. Trane Model MCCB-030 air handler, 2TTA A2030 condensing unit and associated
refrigeration piping.
3. Controls work as specified on the drawings.
4. Two exhaust fans as specified.
5. Four electric duct heaters as specified.
6. Relocated motorized volume dampers.
7. Metal Fab single wall Corr/Guard ducts.
8. Three (3) 316 stainless steel acid sink exhaust hoods.
9. 316 stainless steel ducts as shown on the drawings.
10. Aluminum ducts and intake ducts (2) as shown on the drawings.
11. Galvanized ducts as shown on the drawings.
12. Insulation for ducts as shown on the drawings.
13. Five (5) supply diffusers, four (4) slot diffusers and three (3) return grilles.
14. One stainless steel fire damper.
15. Structural steel platform for AHU- 5A. Support for AHU-5B.
16. Vibration isolation of two (2) air handler units.
17. Electrical work as shown on the drawings.
18. Test and Balance work as defined in the specifications.
19. Crane rental.
20. Rigging subcontract for placement of item 1 and 2.
21. Roofwork.
22. Building work (Enlargement of OA intake louver to facilitate placement of AHU-5A and -
58).
23. Refurbishing four (4) lab hoods.
40 Sarasota Center Blvd., Suite E-104 . Sarasota, Florida 34240
Local: 941,378,3555 . Fax: 941,378.3483
www.cdg-cm.com
Agenda Item No. 16C3
March 13, 2007
Page 11 of 21
Demolition work includes:
24. Remove AHU-5
25. Remove CU-5
26. Remove outdoor air louvers.
27. Remove ducts in Laboratory area.
28. Remove and re-install seven (7) motorized dampers.
29. Remove EF-2S.
It is recognized that the work must be performed in phases so that interruptions to the laboratory
day-to-day operations are minimized. However, in order to achieve a timely, efficient
construction schedule the following phases of work are proposed. Our cost estimate is based
upon this phasing of work.
A. Install the structural steel platform for AHU-5A and supports for AHU-5B. Install the
electrical system for the two air handlers. Prefab the south aluminum outside air intake.
8. Over a weekend shutdown, remove the south outside air (OA) intake, enlarge the OA
opening and remove any ducts that will interfere with the placement of AHU-5A and
AHU-SB. Move AHU-5A and AHU-SB to the platform. Reconnect any ducts removed and
install the new south OA intake.
C. Complete the installation of AHU-SA and AHU-SB and their associated condensing units
and controls. Complete electrical work. Start-up and check out AHU-SA and AHU-5B.
Complete the building work on the OA duct.
D. Prefab all ducts and have all other equipment on site.
E. Shut the laboratory down for a three (3) week period to perform demolition work and
complete the installation as shown on the drawings. Perform test and balance work.
F. Refurbish lab hoods one at a time.
If this phasing of work is not feasible, the work will have to be accomplished in weekend
shutdowns which will result in increased costs and take longer to complete. It is possible that a
lack of clarity in the bid documents on this specific issue could be the cause of pricing
discrepancies experienced.
One item of special note is the single piece air handler (AHU-SA) which weighs 3400 Ibs. The
wall louver opening will have to be enlarged and special rigging placed to move the AHU into
place.
The estimated cost to perform this work is Five Hundred Thirty Four Thousand Three Hundred
Dollars ($S34,300.00). This estimate is based upon using a local Mechanical Contractor that
will not require per diem or travel expenses.
~:-\ Construction
I DynaIDlcs
Group
an ARCADlS company
Agenda Item No. 16C3
March 13,2007
Page 12 of 21
Should you have any questions or comments, please contact me at 941-378-3555.
~"i:/j~
Gary S. Older, P. E.
Senior Project Manager
cc: D. Sutter
File
~ Construction
. Dynamics
. Group
an ARCADlS company
Project:
Documents:
DIVISION
ESTIMATE SUMMARY
Agenda Item No. 16C3
March 13, 2007
Page 13 of 21
North County Regional Water Treatment Plant HV AC Renovations
100% Construction Drawings by TLC Engineering Dated July 14, 2005
DESCRIPTION
VALUE
1
5
7
9
15
16
GENERAL REQUIREMfuT....JTS
METALS
ROOF WORK
ACOUSTICAL CEILING
MECHANICAL SYSTEMS
ELECTRICAL SYSTEMS
$21,867
$17,566
$4,000
$7,350
$460,171
$23,350
$534,303
Esdmated By:
Construction Dynamics Group, an ARCADIS company
Estimate Work Sheet
CONSTRUCTION DYNAMICS GROUP, INC.
6/29/2006
1 of 1
ESTIMATE SUMMARY
North County Regional Water Treatment Plant HV AC Renovations
June 2006
ISECTIONI DESCRIPTION VALUE
Payment & Performance Bonds $2,622
Builder,; Risk Insurance $2,622
General Liability Insurance $2,622
Permit Allowance $2,000
General Requirements $12,000
01000 DIVISION 1 TOTAL VALUE $21,867
05000 STEEL AND ~T ALS
05000 DIVISION 5 TOTAL VALUE 517.566
07000 ROOF WORK
07000 DIVISION 7 TOTAL VALUE $4,000
09000 ACOUSTIC CEILINGS
09000 DIVISION 9 TOTAL VALVE 57,350
15000 HVAC - MECHANICAL
15000 DIVISION 15 TOTAL VALVE $460,171
16000 ELECTRIC.>\L
16000 DIVISION 16 TOTAL VALUE $23,350
TOTAL ESTIMATED PROJECT COST:
$534,3{)3
ABI Companies, Inc.
6/29/2006
1 of 1
Agenda Item No. 16C3
March 13, 2007
Page 14 of 21
Estimate Work Sheet
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Agenda Item No. 16C3
March 13, 2007
Page 18 of 21
June 22, 2006
From:
Process Air System Sales, Inc.
PO Box 1710
Riverview, FL 33568
Quote # P06-044-6WG
11lls quote replaces all
previous offerings for this
Project.
TO: Mr. Herb Newman
REF: Collier Water Treatment Lab
We are pleased to provide this revised proposal for an Outside Air Solutions DP50-
MoistuRe-Movere VentilationIHumidity Control Unit for this project to provide outside air
ventilation cooling and humidity control:
The unit is a DP50-690-DHRR split d/x system with horizontal or vertical discharge and
an outdoor air cooled condensing unit, designed to process 100% outside air, including:
* Heavy gauge galvanized steel base and floor
* Extruded aluminum cabinet frame
* Double wall cabinet with aluminum inner and outer walls and roof
* 1", 2#, R-6.5 internal cabinet insulation
* Copper tube/copper fin D/X and reheat coils
* Rapid cycle-hot gas reheat and hot gas bypass controls for variable temperature
and humidity control of space
Stainless steel drain pan
Plenum type Class I supply fan belt driven by ODP fan motor
Remote air cooled condensing unit with copper tube/aluminum fin condenser coils
Galvanized steel condenser fans direct driven by totally enclosed motor
Copper refrigerant piping with hot gas bypass, filter driers and thermal expansion valves
Control panel with motor contactors, phase failure protection, operating relays and safeties
Start/Stop interface with building EMS
High and low refrigerant pressure cutout switches
1" metal mesh pre-filters and 6", 65% cartridge filters in slide-out racks
Side access damper and filter rack assembly
Single point power connection
Modu-Flow Package with internal modulating damper, Supply fan AFD, fan inlet air flow
measuring station and microprocessor controller for V A V operation to 15% airflow
Stand-alone microprocessor controls
Access doors on fan, coil, control, filter and compressor sections
One year parts warranty on entire unit and five year compressor parts warranty
Freight allowed to first destination
OAS MoistuRe-Mover@
The Ultimate Outdoor Air Solution
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Outside Air Solutions Company. 8900 Glebe Park Drive . Easton, MD 21601. . 4W..822.B763 . fax 410.822.3797
www.outsideairsolutions.com
-1-
Collier Water Treatment Lab
DP50-DHRR proposal
page two
Agenda Item No. 16C3
March 13, 2007
Page 19 of 21
*
'"
Internal electric heat section for winter heating
Factory run test
Not included:
*
'"
'"
*
'"
'"
*
*
'"
*
'"
*
Sales tax
Roof Curb
Field Start up sexvice
Main power disconnect switch
Installation or rigging
Interconnecting piping, wiring, insulation or refrigerant to remote condensing unit
Roof work of any kind
Power or control wiring to units
Structural steel or concrete support for units
Ductwork of any kind
Condensate piping or insulation
Interface wiring to BMS
NET PRICE
$107,432.00
Price is valid for 30 days and subject to revision thereafter.
Current production loading dictates an October, 2006 delivery schedule. This is subject to
change based on new work received before confirming Purchase Order is received. Freight is
F.O.B. shipping point in Easton, MD.
Payment terms are Net 30 days after shipment. A late charge of 1-112% per month will be
added to past due accounts.
Thank you for the opportunity to present this proposal. I hope this proposal provides the
information you are seeking, and we look forward to working with you further on this project.
Very truly yours,
Outside Air Solutions Companv
James L. Cayce
Vice President
.2-
. TIIA/IE'
Proposal
Agenda Item No. 16C3
March 13, 2007
Page 20 of 21
Trane
A Division of American Standard Inc.
PROPRiETARY' AND CONFiDENTIAL PROPERTY OF TRANE
DISTRiBUTTON TO OTHER THAN THe NAMED RECIPiENT is PROHIBITED
2005 A:7ierican Srar:dard .!:J.N ':~ights .~e!;ar"red
Prepared For:
Engineer: NEWMAN, HERB P.E,. P.A.
Date: June 14, 2006
Proposal Number: H5-65267-1
Job Name:
Collier Cty Lab Pricing
Engineer:
Delivery Terms:
Freight Allowed and Prepaid - F,O.B. Factory
Payment Terms:
Net 30 Days
Trane is pleased to provide the enclosed proposal for your review and approval.
-0
Product Data - Split System Air Conditioning Units (Small)
Item: A1 Qty: 1 Tag(s): CU-1
Split System Cooling Outdoor Unit
2.5 Ton Nominal Cooling Capacity
460 Volt 3 Phase-60 Hertz
Bronz-Glow coil coating
Model Number
MCCB003
Product Data - Indoor Central Station Air Handler Units
Item: B1 Qty: 1 Tag(s): AHU-1
Unit level selections
M-Series climate changer
Unit size 03
srD 4" mounting leg
UL listed unit
Filter module (pos #1)
Flat filter
Solid OW panels
1.50 Ib insulation
Right hand door
2" filter frame
Pleated media filters - MERV 7
J:VOBS\45\65267.A\2\Co/lier Cty Lab Pricing prop.doc
Collier Cty Lab Pricing
Agenda Item No, 16C3
Marcbun~ ~~OO06
I-'age [I at [I
Coil module CPos #2)
Horizontal coil section
Solid OW panels
1.50 Ib insulation
Galvanized drain pan
Right hand dpan connection
Refrigerant
Coil supply right hand
Type "F" coil
Cooling coil
4 row coil
93 Fin spacing
Aluminum fins
Galvanized steel coil casing
ARI rated and certified
R-22
Access/turning module (Pos #3)
Large inspection/blank module
Solid OW panels
1,50 Ib insulation
Fan module (Pos #4)
Supply fan
Solid OW panels
1.50 Ib insulation
38 - 9,5" (241.3 mm) Fe
Right hand door
Top-back discharge
Energy eff open drip proof motor
1,5 variable drive
1,0 HP
Voltage 460/3
60 cycle/see
RH drive
80th sides extended grease lines
Total Net Price (Excluding Sales Tax) .....................,.....,...,.....,.........,..,..,.., .,.,..,..,..............,$ 4,539
Sincerely,
Jim Sparling - Trane
902 N, Himes Avenue
Tampa, FL 33609-1399
Phone: (813)877-8251
Fax: (813)877-8257
FLD = Furnished by Trane / Installed by Others
Trane Equipment Proposal
Page 2 of 5
Agenda Item No, 16C4
March 13,2007
Page 1 of 12
,,-.."
Executive Summary
Recommendation to accept the South Florida Water Management District Big Cypress
Basin Local Government Agreement No. 4600000654 in the amount of $900,000 as partial
funding for the construction of the South County Regional Water Treatment Plant 20-
MGD WeIIfield Expansion, Project 70892, and approve the necessary budget amendment.
OBJECTIVE: The purpose of the South County Regional Water Treatment Plant (SCRWTP)
20-MGD Wellfield Expansion project is to provide a reliable raw water supply for the reverse
osmosis (RO) expansion of the SCRWTP. This action is to accept Grant Agreement No.
4600000654 from the South Florida Water Management District (SFWMD) Big Cypress Basin to
assist in the funding of the SCRWTP 20-MGD Wellfield Expansion Project.
CONSIDERATIONS: Collier County is currently constructing a 12-MGD expansion to the
existing 8-MGD SCRWTP RO facility that was completed in 2004. Twenty-three (23) new
wells and associated transmission mains will be constructed to supply raw water from the
Hawthorn Zone I Aquifer to the SCRWTP as an alternative water source.
-
On May 30, 2006, the Collier County Public Utilities Division submitted a grant application to
the SFWMD under the Senate Bill 444 Alternative Water Supply Grant Program. Funds in the
amount of $900,000 were allocated to Collier County by the SFWMD Big Cypress Basin to aid
in the construction of the South County Regional Water Treatment Plant 20-MGD Wellfield
Expansion Project. This project was also allocated grant funding in the amount of$990,000 from
SFWMD for FY 2007, under Senate Bill 444. In addition, funds in the amount of $987,679.00
were previously received for this project.
The South Florida Water Management District (SFWMD) Big Cypress Basin recommended
funding in the amount of $900,000 for the SCRWTP Wellfield Expansion. Staff is now in
receipt of the contract agreement for this project. The contract is to be executed and returned to
the SFWMD Big Cypress Basin for final processing. This project is consistent with the 2005
Water Master Plan Update adopted by the Board of Collier County Commissioners on June 6,
2006, under Item 10(B).
FISCAL IMPACT: Revenue in the amount of $900,000 will be realized upon completion of
the work associated with this agreement. It is anticipated that this will occur during FY07. The
source of funds is water impact fees. This project is consistent with the FY07 Capital Budget
approved by the Board on September 21, 2006, under item 10(A). A budget amendment will be
required to recognize the revenue generated upon receipt of the grant funds.
GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing
Board of the Collier County Water-Sewer District:
,-
Agenda Item No, 16C4
March 13, 2007
Page 2 of 12
1. Accept the SFWMD Big Cypress Basin Local Government Agreement No. 4600000654
as partial funding for construction of the SCRWTP 20-MGD Wellfield Expansion Project
70892.
2. Authorize the chairman to execute the agreement.
3. Approve the necessary budget Amendment
PREPARED BY: Phil Gramatges, P.E., Principal Project Manager, Public Utilities
Engineering Department
2
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16C4
March 13, 2007
Page 3 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C4
Recommendation to accept the South Florida Water Management District Big Cypress Basin
Local Government Agreement No 4600000654 In the amount of $900,000 as partial funding
for the construction of the South County Regional \^/ater' Treatment Plant 20-MGD INellflsld
Expansion, Project 70892 and approve the necessary budgel amendment
3/13/200790000 AM
Date
Prepared By
Alicia Abbott, E.I.
Public Utilities
Project Manager
Public Utilities Engineering
2/21120079:25:46 AM
Date
Approved By
William D. Mullin, PE
Public Utilities
Principal Project M~nager
Public Utilities Engineering
2/23/200710:19 AM
Date
Approved By
Roy B. Anderson, P,E.
Public Utilities
Public Utilities Engineering Director
Public Utilities Engineering
2123/2007 4: 12 PM
Date
Approved By
Thomas Wi des
Public Utilities
Operations Director
Public Utilities Operations
2/26/2007 12: 12 PM
Date
Approved By
Phil E. Gramatges, P.E
Public Utilities
Sr. Project Manager
Public Utilities Engineering
2/26/2007 1 :38 PM
Date
Approved By
Paul Mattau5ch
Public Utilities
Water Director
Water
2/26/2007 2:25 PM
Date
Approved By
Marlene J. Foord
Administrative Services
Grants Coordinator
Administrative Services Admin.
2/28/20072:23 PM
Date
Approved By
James W. Delony
Public Utilities
Public Utilities Administrator
Public Utilities Administration
2/28/20073:06 PM
Date
Approved By
OMS Coordinator
Count~' Manager's Office
Administrative Assistant
Office of M;;lnagement & Budget
3/1/20078:02 AM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
3/6/2007 1 :43 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
3/6/20072:46 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Mana'ger
County Manager's Office
3/7/20078:52 AM
~~...~R ~
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Agenda Item No. 16C4
March 13, 2007
Page 4 of 12
SOUTH FWRlDA WATER MANAGEMENT DISTRICT
3301 Gun Gub Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-fI1SIj.~ (Sf)) 697-2574
Mailing Address: P. O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov . .
'07 JAN I 7
;11 '0 4S
,,:., , :
January 10,2007
Mr. Phil Gramatges
Collier Country
3301 East Tamiami Trial
Bldg H
Naples, FL 34112
Dear Mr. Gramatges:
Subject:
Contract # 4600000654
Expanding the South County Regional Water Treatment Plant
Please find enclosed two (2) copies of the subject document. Please have them signed by an individual
with signature authority on behalf of your organization. Please include documentation to demonstrate
official delegation of signature authority up to the contract monetary limits.
Please return both copies to my attention, along with, if applicable and not previously submitted, a
Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed
document will be returned to you upon execution by the South Florida Water Management District
(District), Note that this document is not binding on the parties until it is approved by the appropriate
level of authority within the District and executed by both parties,
Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if
you require any additional information, please contact me.
Sincerely,
Bernadette Harrison
Contract Specialist
Procurement Department
bharriso@sfwmd,gov
(561) 682-6378
FAX: (561) 681-6275
BH Ikp
Enclosure
c: Max Guerra- MSC6862
GOVERNING BOARD EXECUTIVE OFnCE
Kevin McCarty, Cllair
Irela M. Bague, Vice-Clurir
Miya Burt-Stewart
Alice J. Carlson
Michael Collins
Nicolas J. Gutierrez, Jr., Esq.
Lennart E. Lindahl, P.E.
Harkley R. Thornton
Malcolm S. Wade, Jr.
Carol Ann Wchle, Executive Director
Agenda Item No. 16C4
O~rS~fiA~
.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600000654
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY
mIS AGREEMENT is entered into as of by and between the South Florida Water Management
District (DISTRICT) and the Collier County (COUNTY).
WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida
Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include
entering into contracts with public agencies, private corporations or other persons; and
WHEREAS, the DISTRICT desires to provide fmancial assistance to the COUNTY for the South County
Regional Water Treatment Plant expansion.
WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms and conditions of this AGREEMENT; and
WHEREAS, the Governing Board of the District at its October 12,2006 meeting approved entering into
this AGREEMENT with the COUNTY;
NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
I. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in
Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with
their respective authorities for expanding the South County Regional Water Treatment Plant (SCRWTP).
2. The period of performance of this AGREEMENT shall commence on the date of execution of this
AGREEMENT and shall continue for a period of one (1) year.
3. The total DISTRICT contribution shall not exceed the amount of $900,000,00. The DISTRICT will
provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit "B", which is
attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to
adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT funding
limitation of $900,000.00, In no event shall the DISTRICT be liable for any contribution hereunder in
excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding
Agreement No, 4600000654 - Page 1 of 5
Agenda Item No. 16C4
March 13, 2007
Page 6 of 12
allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing
Board budgetary appropriation, In the event the DISTRICT does not approve funding for any subsequent
fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding
other provisions in this AGREEMENT to the contrary, The DISTRICT will notify the COUNTY in
writing after the adoption of the fmal DISTRICT budget for each subsequent fiscal year if funding is not
approved for this AGREEMENT.
4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting
of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall
report and document the amount of funds expended per month during the quarterly reporting period and the
AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding
limitation..
5. The COUNTY shall cost share in the total amount of $11.656.315.00 in conformity with the laws and
regulations governing the COUNTY,
6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which
is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress
reports detailing the status of work to date for each task, The work specified in Exhibit" A" shall be under
the direction ofthe COUNTY but shall be open to periodic review and inspection by either party. No work
set forth in Exhibit "A" shall be performed beyond September 30, 2007 unless authorized through
execution of an amendment to cover succeeding periods,
7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded
through a competitive process required by Florida Statutes. The COUNTY shal1 not subcontract, assign or
transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's
Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It
is understood and agreed by the COUNTY that the DISTRICT shal1 not be liable to any subcontractor for
any expenses or liabilities incurred under the subcontract(s).
8, Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but
not limited to, all documents, technical reports, research notes, scientific data, computer programs,
including the source and object code, which are developed, created or otherwise originated hereunder by
the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A",
Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include
the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no
additional cost to the other party, Notwithstanding the foregoing, ownership of all equipment and hardware
purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the
COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible
property .
9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury
and property damage attributable to negligent acts or omissions of the COUNTY and the officers,
employees, servants and agents thereof.. The COUNTY represents that it is self-funded for Worker's
Compensation and liability insurance, covering bodily injury, personal injury and property damage, with
such protection being applicable to the COUNTY, its officers and employees while acting within the scope
of their employment during performance of under this AGREEMENT. In the event that the COUNTY
subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and
every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required
by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the
COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all
damages arising in connection with the COUNTY's subcontract.
10, The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or
interpreted as (1) denying to either party any remedy or defense available to such party under the laws of
Agreement No. 4600000654 - Page 2 of 5
Agenda Item No. 16C4
March 13. 2007
Page i of 12
the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a
waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768,28,
Florida Statutes.
II. The parties to this AGREEMENT are independent entities and are not employees or agents of the other
parties, Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of
independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or
assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not
assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT
without the prior written consent of the other parties. Any attempted assignment in violation of this
provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color,
creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise
subjected to discrimination in any activity under this AGREEMENT.
13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and
local laws and regulations relating to the performance of this AGREEMENT, The DISTRICT undertakes
no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such
laws of which it has present knowledge.
14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days
prior written notice to the other party, In the event of termination, all funds not expended by the COUNTY
for authorized work performed through the termination date shall be returned to the DISTRICT within
sixty (60) days of termination,
15, The COUNTY shall allow public access to all project documents and materials in accordance with the
provisions of Chapter 119, Florida Statutes, Should the COUNTY assert any exemptions to the requirements
of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other
relief as provided by law, shall be upon the COUNTY.
16, The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The
COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit
purposes:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records and
reports directly or indirectly related to the negotiation or performance of this AGREEMENT including
supporting documentation for any service rates, expenses, research or reports. Such records shall be
maintained and made available for inspection for a period oftive (5) years from the expiration date of this
AGREEMENT,
B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in
accordance with generally accepted governmental auditing standards all records directly or indirectly
related to this AGREEMENT. Such examination may be made only within five (5) years from the
expiration date of this AGREEMENT.
C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become
involved in a legal dispute with a third party arising from performance under this AGREEMENT, the
COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the
final disposition ofthe legal dispute, All such records shall be made readily available to the DISTRICT.
17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall,
in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and
similarly require each subcontractor to maintain and allow access to such records in compliance with the
requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows:
Agreement No, 4600000654 - Page 3 of 5
Agenda Item No, 16C4
March 13, 2007
Page 8 of 12
A, Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as
set forth in Exhibit "C". The COUNTY shall maintain all financial/non-fmancial records through:
(1) Identification ofthe state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial Assistance (CSF A) or
the Catalog of Federal Financial Assistance (CFDA), as applicable
(3) Audit and accountability requirements for state projects as stated in the Single Audit Act and
applicable rules ofthe Executive Office of Governor, rules of the Chief Financial Officer and rules
of the Auditor General and the State Projects Compliance Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year
B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's
Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right
to examine the COUNTY's financial and non-financial records to the extent necessary to monitor the
COUNTY's use of state or federal financial assistance and to determine whether timely and appropriate
corrective actions have been taken with respect to audit findings and recommendations which may include
onsite visits and limited scope audits,
18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the
attention of the following individuals:
South Florida Water Management District
COLLIER COUNTY
Attn: Max Guerra, Project Manager
Telephone No. (239) 597-1505 ext. 7612
Attn: Phil Gramatges, Project Manager
Attn: Bernadette Harrison, Contract Specialist
Telephone No. (561) 682-6378
Address:
3301 East Tamiami Trail, Bldg. H
Naples,FL 34112
Address:
P,O. Box 246&0
3301 Gun Club Road
West Palm Beach, FL 33416-4680
19. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not
suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and
signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall
be binding upon the parties, their respective assigns, and successors in interest,
20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties..
The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required.
21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida.
Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority,
nor does this AGREEMENT alter the legal rights and remedies which the respective parties would
otherwise have, under law or at equity.
22. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as
against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any
forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this
AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and
effect to the extent permitted by law.
Agreement No, 4600000654 - Page 4 of 5
Agenda Item No, 16C4
March 13, 2007
Page9of12
23. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this
AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve
the other party from performing any subsequent obligations strictly in accordance with the terms of this
AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom
enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred
to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing
waiver unless the writing states othelWise.
24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly
to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue
through negotiation or other forms of non-binding alternative dispute resolution mutually acceptable to the
parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute.
25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and
all written or oral representations, statements, negotiations, or agreements previously existing between the
parties with respect to the subject matter of this AGREEMENT.
26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order:
(a) Terms and Conditions outlined in preceding paragraphs I - 24
(b) Exhibit "A" Statement of Work
(c) all other exhibits, attachments and docwnents specifically incorporated herein by reference
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT
on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By:
Frank Hayden, Procurement Director
SFWMD PROCUREMENT APPROVED
By: yJl i Ii. <':dz . tlcl &~ . i L (~.. L- '
I
Date: ;l, / t' 7
/ ~JW-
Entity's Legal Name: THE BOARD OF COUNTY
COMMISSIONERS OF
COLLIER COUNTY. FLORIDA
ATTEST:
DWIGHT E. BROCK, Clerk
By
Deputy Clerk
By Authorized Official:
Printed Name:
JAMES COLETTA
Date
Approved as to form and legal
sufficiency
Title:
CHAIRMAN
Date:
:sistant County Attorney
Agreement No. 4600000654 - Page 5 of 5
Agenda Item No, 16C4
March 13, 2007
Page 10 of 12
EXHIBIT" A"
STATEMENT OF WORK
COLLIER COUNTY
SOUTH COUNTY REGIONAL WATER TREATMENT PLANT (SCRWTP)
20-MGD WELLFIELD EXPANSION
A. INTRODUCTION
Existing needs for additional water supply, fueled by an extremely high rate of growth, have
prompted Collier County to move forward with a comprehensive plan to improve and expand its
alternative water supply wellfield system. As part of the comprehensive plan, additional wells
are to be provided to meet demand needs. The construction of the 8 MGD SCRWTP reverse
osmosis (RO) facility was completed in 2004. To meet the projected increase in potable water
demand, the SCRWTP RO treatment capacity will be expanded by an additionall2 MGD (to 20
MGD).
The purpose of the SCRWTP Wellfield Expansion project is to provide a reliable raw water
supply for the reverse osmosis expansion of the SCRWTP..
In fiscal year 2006, the South Florida Water Management District recognized the importance of
this comprehensive plan and funded this project with $987,698.
B. OBJECTIVES
The expansion of the wellfield will be designed to provide an additional yield of 12 MGD of
finished water, for a total of20 MGD.
C. SCOPE OF WORK
Twenty-three (23) well sites have been identified south of the SCRWTP site for the 12 MGD
expansion. The twenty-three (23) new wells will draw water from the Hawthorn Zone 1 Aquifer,
an alternative water source.
Collier County is requesting for FY 2007 $900,000 as partial funding for the construction of
following facilities adjacent to the SCRWTP:
. 23 Wells in the Hawthorn Zone 1
. Raw Water Transmission Main
. Wellfield Collection Main
Page 1 of2, Exhibit "A" to Agreement No. 4600000654
Agenda Item No. 16C4
March 13, 2007
Page 11 of 12
D. WORK BREAKDOWN STRUCTURE
The major Tasks of this project are:
1 General Contract Mobilization
2 Raw Water Transmission and Wellfield Collection Main
3 Installation of Raw Water Transmission and Wellfield Collection Main
(Jacking and Boring under 1-75)
4 Installation of Raw Water and Transmission and Wellfield Collection Main
(Trenching)
E. SUMMARY SCHEDULE OF TASK AND DELIVERABLES
SFWMD
Task Deliverable Cost Cost Share Date
1 Mobilization $ 1,635,000 $ 250,000 9/30/2007
2 Raw Water Transmission and $ 7,591,230 $ 250,000 9/30/2007
Well field Collection Main
(Material)
3 Installation of Raw Water $ 594,080 $ 200,000 9/30/2007
Transmission and Wellfield
Collection Main
(Jacking and Boring under 1-75)
4 Installation of Raw Water and $ 2,736,005 $ 200,000 9/30/2007
Transmission and Wellfield
Collection Main
(Trenching)
Total SFWMD Share $900,000
F. CONTACT INFORMATION
Collier Coun
Name
Address
Phone
Fax
Email
Page 2 of2, Exhibit "A" to Agreement No, 4600000654
Agenda Item No. 16C4
March 13. 2007
Page12of12
EXHIBIT "B"
PAYMENT AND DELIVERABLE SCHEDULE
South County Regional Water Treatment Plant
(SCRWTP) Expansion Project
Total payment by the District to Collier County shall not exceed the amount of $900,000,00.
Payment will be made upon completion of the tasks and submission of a final acceptance
certificate. All invoices shall be accompanied by adequate documentation to support actual
expenditures incurred by Collier County within the not-to-exceed amount specified below in
accordance with Article 3 of the Agreement. Payment by the District is further subject to receipt
of quarterly progress reports from the Entity with documentation to demonstrate completion of
each project task. The Project Manager is responsible for reviewing and approving deliverables
to ensure that project objectives are met. The Entity is also responsible for project management,
budget management and quality control.
If the total consideration for this Agreement is subject to multi-year funding allocations, funding
for each applicable fiscal year of this Agreement will be subject to Governing Board budgetary
appropriation. In the event the District does not approve funding for any subsequent fiscal year,
this Agreement shall terminate upon expenditure of the current funding, notwithstanding other
provisions in this Agreement to the contrary.
Task Deliverablel Due Date2 District Payment
I Mobilization 9/30/2007 $250,000.00
Raw Water Transmission and Wellfield
2 Collection Main (Material) 9/30/2007 $250,000.00
Installation of Raw Water Transmission and
Wellfield Collection Main (Jacking and
3 Boring under 1-75) 9/30/2007 $200,000.00
Installation of Raw Water Transmission and
4 Wellfield Collection Main (Trenching) 9/30/2007 $200,000,00
Total Not-to-Exceed Pavment $900,000.00
lThe deadline for the final invoice submittal is August 1,2007. However, this invoice may be submitted prior to
August 1,2007 if the deliverables are completed prior to the due date.
2Ifthe project is completed prior to the due date ofa Status Report (Tasks 1-3), then the Status Report shall be
replaced by the Final Report and subsequent Status Reports shall not be required,
Page 1 of 1, Exhibit "B" to Agreement No. 4600000654
Agenda Item No. 16D1
March 13, 2007
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to rescind previous award to Weller Pools and award the installation of
a 32" Aquatube Slide at North Collier Regional Park to Varian Construction at a cost of
$76,059.
OBJECTIVE: To make optimal use of contracting methods to achieve a more efficient
and cost effective installation of a pool slide at the North Collier Regional Park.
CONSIDERATIONS:
The Board approved agenda item moved from #16D3 to 10J on October 10,2006, which
provided for a waiver of formal competition to approve contracting with Weller Pools
Inc. to install a 32" Aquatube Slide at a cost of $183,304.25 at the Sun-N-Fun Lagoon at
the North Collier Regional Park. Pursuant to that decision, staff issued a purchase order
to the slide manufacturer, Whitewater West Industries, Ltd. in the amount of $82,426 to
avoid payment of state sales tax. A separate purchase order for the balance of the Board
approved amount was issued to Weller.
Subsequently, Whitewater has fabricated the slide and is prepared to install it under the
supervision of Weller. Weller Pools is now requesting payment terms that are not in
accordance with Section 218,70 Florida Statutes, the Florida Prompt Payment Act, and an
increase in the purchase order amount. After discussing the matter with the contractor,
staff forwarded a letter to Weller which stated the County's position and established a
deadline for response; Weller responded by withdrawing its contract offer.
In light of these considerations, staff believes that it would be in the County's best
interest to use a different contractor to complete the project. Accordingly, staff has
obtained the following price quotes under 06-3971 "Annual Contract for General
Contractor's Services":
Varian: Lump sum of$76,059
PBS: Lump sum of $79,450
Chris Tel: No Bid
Based on the quotes received, staff recommends award of the work to Varian
Construction. The benefits of using this contractor are:
1. Saving by obtaining competitive quotes for completion of the project.
2. Turnkey installation, which includes fabrication, installation of the slide and
connection to the mechanical pumping system, removal, repair, and replacement
of existing landscape, fencing and hardscape, electrical work, refilling and
balancing of the plunge pool.
3. Installation of the slide in a timely manner.
Agenda Item No. 16D1
March 13,2007
Page 2 of 5
FISCAL IMPACT: Funds have been budgeted in 346 Impact Fees for Parks Capital
Proj ects in FY 07 for purchase and installation for the slide,
GROWTH MANAGEMENT IMPACT: North Collier Regional Park will be
inventoried in the Growth Management Plan.
RECOMMENDA TION: That the Board of County Commissioners rescind the original
approval of the contract with Weller Pools and award the installation of a slide at the
North Collier Regional Park to Varian Construction in the amount of $76,059.
Prepared by: Barry Williams, Parks and Recreation Director
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL
CONTRACT ADMINISTRATION PURCHASING BUILDING
ADMINISTRATIVE SERVICES DIVISION NAPLES, FLORIDA 34112
(239) 774-8407
FAX (239) 530-6594
email: kelseyward@colliergov.net
Agenda Item No, 1601
March 13, 2007
Page 3 of 5
February 26, 2007
Mr. John Tuhela
Weller Pools
1821 South Orange Blossom Trail
Apopka, FL 32703
Re: Purchase Order 4500072053
Dear Mr. Tuhela:
Following our phone conversation this afternoon, we have made a decision relative to the
installation of the pool slide at the North Regional Park. Should your firm be willing to honor
the purchase order price of $72,023 and accept our standard payment terms in compliance with
Section 218.70 Florida Statutes, the Florida Prompt Payment Act, we are prepared to move
forward. Otherwise, we will pursue other options for completing the installation. Please
respond directly to me by fax or email no later than noon, EST on Wednesday, February 28,
2007.
Sincerely,
Kelsey Ward
Contract Administration Manager
Cc: Barry Williams, Parks and Recreation Director, Mary Ellen Donner, Parks and Recreation
Assistant Director, Tony Ruberto, Project Manager
Page 1 of 1
Item Number:
Item Summary:
Meeting Date:
Agenda Item No 1601
March 13,2007
Page 4 0' 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
~6D1
Recommendation to resCind prevIous award to \I\/eller Pools and award tile Installation of a
32" diameter Aauatube Slide at North Collier Regional Park to Vanan Construction at a cost
of $76 059
3/13/20079.0000 AM
Director
Date
Prepared By
Barry Williams
PublIC Services
Parks and Recreation
2/28/20079:28:18 AM
Barry Williams
Director
Date
Approved By
Public Services
Parks and Recreahon
2/28/2007 9:41 AM
Marla Ramsey
Public Services Administrator
Date
Approved By
Public Services
Public Services Admin.
2/28/20079:41 AM
Kathy Carpenter
Executive Secretary
Date
Approved By
Public Services
Public Services Admin,
212812007 9:50 AM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
2/28/200711:33 AM
Linda Best
Contracts ,!'I,gent
Date
Approved By
Administrative Services
Purchasing
2128/2007 2:45 PM
Kelsey Ward
Contract Administration Manager
Date
Approved By
Administrative Services
Purchasing
3/112007 2:37 PM
OMB Coordinator
Administrative AssistZlnt
Date
A pp roved By
County Manager's Office
Office of Management & Budget
312120079:31 AM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
3f612007 2:56 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County fv'! anager< s Office
Office of Managemeni & Budget
3/8120073:59 PM
Approved By
James V. Mudd
Board of County
Comm issioners
County Manager
Date
County Manager's Office
3i7t2007 8:57 AM
Agenda Item No. 1601
March 13, 2007
Page 5 of 5
From: ward _ kelsey
Sent: Monday, February 26,20073:13 PM
To: carnell_s; donner_m; WilliarnsBany; ruberto_t
Subject: FW: Collier County response
And now we move on!
From: John [mailto:john@wellerpools,com]
Sent: Monday, February 26,20073:11 PM
To: ward_kelsey
Subject: RE: Collier County response
Kelsey:
Unfortunately, we are not in a position to credit the County back for more than what was carried in our
last estimate for the slide installation. We thank you for this opportunity and hope that you will keep us in
mind for future endeavors,
Regards,
John Tuhela
From: ward_kelsey [mailto: KelseyWard@colliergov.net]
Sent: Monday, February 26, 2007 3:00 PM
To: John
Cc: WilliamsBarry; donner_m; ruberto_t
Subject: Collier County response
Please see attached letter.
<<Letter to Weller Pools with final offer 2-26-07.doc>>
Agenda Item No, 16D2
March 13, 2007
Page 1 of 4
.-.'
EXECUTIVE SUMMARY
RECOMMENDATION TO ADOPT A RESOLUTION TO DECLARE A
PUBLIC PURPOSE AND FOR THE SOLICITATION, RECEIPT, AND
SUBSEQUENT DISTRIBUTION OF PROPERTY DONATIONS TO
COLLIER COUNTY DOMESTIC ANIMAL SERVICES.
OBJECTIVE: For the Board of County Commissioners to adopt the attached resolution
which declares a public purpose for Collier County Domestic Animal Services ("DAS") to
solicit, receive, and distribute property donations for the benefit of animals in DAS custody
and those other non-profit agencies which may benefit from some of Collier County's
donations.
CONSIDERA TIONS: DAS often receives property donations of pet supplies, food, and pet
toys. DAS requests that the Board of County Commissioners authorize and recognize these
donations as serving a public purpose to benefit the animals in custody at DAS. Occasionally,
DAS cannot use the donations, and DAS would like Board authorization to distribute these
donations to local non-profit animal groups.
--
Further, DAS receives Pet Adoption Kits from some of its vendors. These Adoption Kits
benefit the new pet owner. DAS would like Board authorization to accept these donations and
to distribute the Adoption Kits to its pet adopters.
Finally, DAS established a DAS Donation Trust Fund Account on or about February 14,2006.
Pursuant to that Resolution, DAS has fundraising events to benefit the Donation Account.
DAS would like to Board authorization to solicit and receive both property and monetary
donations to benefit the Donation Account.
LEGAL CONSIDERATIONS: The Board of County Commissioners has the legal authority
to adopt a resolution authorizing the solicitation and receipt of certain donations to Domestic
Animal Services for valid and proper public purposes.
FISCAL IMPACT: There will be a positive fiscal impact as DAS will be able to receive
property donations.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners adopts the attached
resolution finding a public purpose for DAS to solicit, receive, and distribute property
donations.
Attachment: Proposed Resolution
PREPARED BY:
.-
Margo Castorena, Director, Domestic Animal Services
Colleen M. Greene, Assistant County Attorney
Agenda Item No. 16D2
March 13, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1602
Recommendation to adopt a Resolution to declare a public purpose and for the solicitation,
receipt, and subsequent distribution of property donations to Collier County Domestic Ammal
Services
Meeting Date:
3/13/20079:0000 AM
Prepared By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
311/20073:00:05 PM
Approved By
Margo Castorena
Director
Date
Public Services
Domestic Animal Services
311/20073:58 PM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
311/20074:38 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin,
3/21200712:11 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/2/20074:50 PM
Agenda Item No, 1602
March 13, 2007
Page 3 of 4
RESOLUTION NO. 2007 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY DECLARING A PUBLIC PURPOSE FOR THE
SOLICITATION, RECEIPT, A~D SUBSEQUENT DISTRIBUTION OF
PROPERTY DONATIO~S TO COLLIER COUNTY DOMESTIC
A.l',jIMAL SERVICES.
WHEREAS, on February 14, 2006, the Board of County Commissioners adopted a
resolution establishing the DAS Donation Trust Fund Account; and
WHEREAS, the Board of County Commissioners of Collier County finds there is a
compelling public purpose for Domestic Animal Services ("DAS") to solicit and receive
donations of property, for example pet food, toys and supplies, for the benefit of the animals in
DAS custody; and
WHEREAS, the Board finds that there is a public purpose for DAS to donate or distribute
these items to other local non-profit animal l:,'TOUPS if DAS cannot benefit from the use of the
property; and
WHEREAS, DAS also receives donations of "adoption information packages" for DAS
to distribute to its pet adopters from vendors, and these information packages directly benefit the
pet adopters; and
WHEREAS, the Board finds that there is a valid public purpose for DAS to distribute the
information packages to the pet adopters; and
WHEREAS, on occasion and at least yearly, DAS will host an awareness and fund-
raising event for the DAS Donation Trust Fund Account; and
WHEREAS, the Board finds that there is a valid public purpose for DAS to raise funds
for the purpose of promoting community awareness and preserving the quality of life in Collier
County for its Citizens and for the animals in DAS custody; and
WHEREAS, the Board finds that DAS may solicit donations for its fund raising efforts,
and that the donations may include property and/or monetary donations; and
WHEREAS, the Board authorizes DAS to solicit and accept property and/or monetary
donations and to spend or distribute the donations in a manner consistent with the stated public
purpose; and
WHEREAS, the Board further approves obtaining private and public donations for the
benefit of DAS and its stated public purpose; and
Page 2 of2
Agenda Item No. 1602
March 13, 2007
Page 4 of 4
WHEREAS, the Board has the legal authority to adopt a resolution authorizing the
solicitation and receipt of certain donations to Domestic Animal Services for valid and proper
public purposes,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board hereby declares that
there is a valid public purpose as to the solicitation of donations, the receipt of such donations,
the expenditure or distribution of said donations in compliance with this Resolution.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this
day of
,2007,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES COLETTA, CHAIRMAN
Deputy Clerk
Approved as to form and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
Agenda Item No. 16E1
March 13, 2007
Page 1 of 20
EXECUTIVE SUMMARY
Recommendation to approve submittal of an award application for the
General Knowledge Database Emergency Phone Bank Response System to
the Mitretek Innovations Award in Homeland Security Program.
OBJECTIVE: To obtain approval of an award application to the Mitretek Innovations
Award in Homeland Security Program sponsored by Harvard University and the Ash
Institute for Democratic Governance and Innovation.
CONSIDERATIONS: Following submittal of an Innovations in American Government
grant application for the General Knowledge Database (GKD) Emergency Phone Bank
Response System to the Harvard University/Ash Institute, Collier County was invited to
submit the program for a supplemental Innovations Program called the Mitretek
Innovations Award in Homeland Security.
-
The purpose of this program is to identify, explore, and highlight creative and effective
government solutions -- and the leaders behind them -- to the nation's homeland security
concerns. The finalists and winner of this annual non-cash award receive significant
media and academic attention and are honored at forums and ceremonies in
Cambridge, MA. After several rounds of evaluation, five finalists are chosen to receive a
site visit, assessment and press coverage. The final round selects the winner. It is
considered an honor to be invited to participate in this program.
FISCAL IMPACT: This program provides a non-cash award and, therefore, there is no
fiscal impact at this point.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan.
RECOMMENDATION: That the Board of County Commissioners approves an award
application to the Mitretek Innovations Award in Homeland Security Program sponsored
by Harvard University and the Ash Institute for Democratic Governance and Innovation.
PREPARED BY: Marlene Foord, Grant Coordinator, Administrative Services Division
2007 Mitretel~ltf~WcY~tfPe?1J tJ~~~~E 1
March 13,2007
Page 2 of 20
1. Describe your innovation. What problem does it address? How exactly is your program or policy innovative?
How has your innovation changed previous practice? Name the program or policy that is closest to yours.
maximum 1 pal!e
We introduced a general knowledge computer driven database program into our standard
emergency response procedures. (GKD Emergency Phone Bank Response System) This enabled
emergency phonebank: volunteers to quickly and easily access the most current data in emergency
situations. This proved to be a great asset when responding to concerned or frightened citizens
and visitors to our County.
Before the introduction of this new procedure we relied on "runners" to go back and forth between
the phone bank: location and our Emergency Management "war room" to gather updated
information needed when responding to callers. Delays in having current information could be
critical when it involves closings, transportation issues, mandatory evacuation areas, what shelters
are open/closed, available hotels, waste management issues, etc.
We believe it is an innovative response to handling emergency situations because we do not know
of any other emergency response group using this when volunteers are involved.
It has changed our previous practice of using runners because it has given us more timely access to
pertinent information; has freed up more people to use where there is a greater need; has allowed
phone bank volunteers more time at their workstations with less interruptions; and it keeps the
workstations and area more organized so important announcements are not lost in the shuffle.
In the past taking a phone call and searching for the correct response took longer and calls in the
queue were sometimes lost.
I believe the closest program to ours is perhaps the 311 system, currently available in some
counties in the State of Florida.
GKD Emergency Phone Bank Response System p. 1
2007 MitreteJW~~d~tffmf1 m~~i E 1
March 13, 2007
Page 3 of 20
2. What is the single most important achievement of your program or policy initiative to date? maximum 1 page
The single most important achievement of our program is improved timeliness and accuracy -
the ability to get the best information available to the most people in the shortest amount of time.
In the past, taking a phone call and searching for the correct response took longer and calls in the
queue were sometimes lost. (Calls in previous years have totaled 35,000 incoming - 18,000
missed because of delays.)
We now are able to take many more calls and have fewer missed calls and less downtime while
volunteers search for information - especially when they change shifts. The replacement person
just has to look at their computer screen to see the latest information; not waste valuable time
looking around trying to find out what is happening, etc. All volunteers have been trained on how
to use the system which is very user-friendly.
Prior to the introduction of this new procedure, we relied on "runners" to go back and forth
between the phone bank location and our Emergency Management "war room" to gather updated
information needed when responding to callers. Delays in having current information can be
critical when it involves special needs information, closings, transportation issues, mandatory
evacuation areas, what shelters are open/closed, available hotels, waste management issues, etc.
It has also freed up more people to use where there is a greater need and allowed phone bank
volunteers more time to spend at their workstations with less interruptions; and it keeps the
workstations and area more organized so important announcements are not lost in the shuffle.
GKD Emergency Phone Bank Response System p. 2
2007 Mitrete~EM8~t~~ t~~~~E 1
March 13, 2007
Page 4 of 20
3. What are the three most important measures you use to evaluate your program's success? In qualitative or
quantitative terms for each measure, please provide the outcomes of the last full year of program operation and, if
possible, at least one prior year. maximum 1 page
#1 Did we give the best - most accurate information to those who called in?
Yes. There were very few delays in responding to callers and every caller got the same
answer, rather than having some get a different response because the phone bank volunteer
they spoke to did not have the latest information. The program allowed the information
operators access to a huge amount of important information which could be constantly
updated and provided to the community quickly.
#2 Were we able to answer every call?
Information on calls received showed 35,000 incoming calls with 18,000 missed. However,
it is suspected that these calls could have been call-backs who dropped off when they had to
wait and then were answered later as one of the 35,000. This hotline is manned 24 hours
and after 1 :00 or 2:00 a.m. calls historically become fewer during the night. It would be
very difficult to ascertain what was truly a "missed" call under the circumstances. A small
point of reference is that we had not received any complaints after the emergency saying
they could not get through to us; only thank you's for being there and for helping them.
#3 Were we able to perform at our best and did the program serve us well?
It appeared the program served us very well and that we performed well working within it.
As stated, we were able to stay at our stations for longer periods of time; we were able to
access most answers and in cases where the question did not exist in our database, we were
able to redirect them to a more appropriate resource; i.e. special needs, solid waste, the
utilities representative, etc.
A great asset in helping our performance was the fact that the Sheriffs department wanted
to contribute some volunteers to the program. Their volunteers were also trained on the
program and this was a big plus this past year as it gave their group a chance to see what
kind of calls were coming in vs. the 911 calls their office was receiving from frightened
individuals who were not sure what was happening around them. It also provided us an in-
house reference to any restrictions law enforcement put in place for citizen safety and
added greatly to the content of our database.
GKD Emergency Phone Bank Response System p. 3
2007 Mitretek Innovations Award
Agenda Item 1\10. 16E1
March 13. 2007
Page 5 of 20
4. Please describe the target population served by your program or policy initiative. How does the program or
policy initiative identify and select its clients or consumers? How many clients does your program or policy initiative
currently serve? What percentage of the potential clientele does this represent? maximum 1 page
Our target population is every resident and visitor to Collier County.
The call number is advertised over the various media to try and reach all citizens.
The system is especially useful to the elderly who need help in preparing for an emergency or
evacuating if necessary; and it is especially useful to those in the community who have special needs
and need to go to a shelter where there will be medical staff to look after them. The information we
can give them as to what time they will be picked up and what they should bring with them, etc. if
very valuable to them.
We are a work in progress and look forward to expanding. While we have Spanish and Creole
speakers on the phonebank:, we are planning to tie into a "phonemaster" system in the near future.
This will allow us to forward a call to a person who speaks a language not available on our
phonebank.
GKD Emergency Phone Bank Response System p. 4
2007 Mitreteklnnovations Awar.1dE1
-Agenaa Hem NO. . b
March 13, 2007
Page 6 of 20
5. What would you characterize as the program's most significant remaining shortcoming? maximum 1 page
The most significant shortcoming is how to backup the computer system, should we lose all power.
While generators are in place, the worse case scenario would be that for whatever reason they don't
end up supporting our power needs and therefore, we would have to revert back to having "runners"
again, going back and forth to gather updated information. To date this has not happened, but it is an
issue to be addressed.
Fortunately, most of the questions asked by callers are repeated several times, and because of the
heavy volume experienced in most emergency situations, the volunteers are pretty much aware as to
what the answers should be.
GKD Emergency Phone Bank Response System p. 5
2007 Mitreteklnnovations Award
Agenaa Item No. "itiE1
March 13, 2007
Page 7 of 20
6. When and how was the program or policy initiative originally conceived in your jurisdiction? What individuals or
groups are considered the primary initiators of your program? Please substantiate the claim that one or more government
institutions played a formative role in the program's development. maximum J page
Helene ("Len") Golden Price, the Administrator of our Administrative Services Division took over
responsibility for manning and organizing the "Collier County Information Hotline" phonebank: in
order to free up the Emergency Management group for more important issues.
She watched over the former phonebank for a couple of years and realized where time and energy
was wasted. She also noted how volunteers did not always show up due to other commitments in an
emergency situation.
In meeting with volunteers and Emergency Management personnel, it became apparent how useful a
database system that held all the data would be for many reasons: timeliness, accuracy, ability to
save time and answer more calls, freeing up essential personnel from having to go back and forth
with updates, keeping the phonebank location organized and developing a group of volunteers who
were positively committed and trained to use the database.
Within County government, Len Price, Emergency Management, the Information Technology
Department and a flood of volunteers from many sources were all part of forming and executing the
program.
GKD Emergency Phone Bank Response System p. 6
2007 Mitretek.Innovatinns A:watjd E 1
-Agenaa Tfem l\jo. 0
March 13, 2007
Page 8 of 20
7. Please identify the key milestones in program or policy development and implementation and when they occurred
(e.g., pilot program authorization enacted by state legislature in June 2001; pilot program accepted first clients, September
2001; expanded program approved by legislature in July 2002). How has the implementation strategy of your program or
policy initiative evolved over time? maximum 1 page
It was a thought back in 2004 when Florida and surrounding areas were hit with so many hurricanes
and it became obvious that a better way of handling information and incoming calls was needed so
that the phonebank: could be more efficient in their responsiveness. An assigmnent was given to the
Information Technology Department to work at finding a database that could accommodate our need
to get updated information as rapidly as possible. A high volume of incoming calls was constant.
An emergency phone bank: has been in operation for several years and is activated for any situation
causing concern to residents and/or visitors, with the most common being an impending
Hurricane. At a time like this, there are many emergency responders called to action and the
phone bank: is activated to take calls from worried / concerned residents and visitors who are not
sure what to do to protect themselves or whom need help due to illness, handicaps, etc.
Information Technology found a good database program that was also user friendly. We tried to
be pro-active in second guessing (from past experience) what questions would most likely be
asked through several brainstorming sessions beforehand and this primary information was
inputted. As other data was found and deemed to be relevant it too was inputted into the database.
In 2005 it was used part-time for hurricane "Wilma" - space did not allow us to set up all eight
computers. Space issues were fixed and in 2006 the system was used for pending hurricane
"Ernesto". It worked well.
This system was recently used for a Pandemic Flu "drill" and in the near future the database will
be expanded to cover specific data for that type of emergency also.
GKD Emergency Phone Bank Response System p. 7
2007 Mitrete~~&Yd~_ ~~~~iE 1
March 13, 2007
Page 9 of 20
8. Please describe the most significant obstacle(s) encountered thus far by your program How have they been dealt
with? Which ones remain? maximum Y:. page
In the beginning, space was an issue.
Then came wiring to accommodate the 8-12 computers that would be used - we needed appropriate
telephone lines and computer feeds.
There has been a room designated to the use of these computers and the correct wiring has been
installed.
GKD Emergency Phone Bank Response System p. 8
2007 Mitretek Innovations Award
Agenda Item No. 16E1
March 13, 2007
Page 10 of 20
9. If your innovation is an adaptation or replication of another innovation, please identify the program or policy initiative
and jurisdiction originating the innovation. In what ways has your program or policy initiative adapted or improved on
the original innovation? maximum Yz page
N/A
GKD Emergency Phone Bank Response System p. 9
2007 Mitrete~wmrcf~ 1\~.a'~E 1
March 13,2007
Page 11 of 20
10. What other individuals or organizations have been the most significant in (a) program development and (b) on-
going implementation and operation? What roles have they played? What individuals or organizations are the strongest
supporters of the program or policy initiative and why? What individuals or organizations are the strongest critics of the
program or policy initiative and why? What is the nature of their criticism? maximum 1 page
Len Price, the Administrator of the Administrative Services Division for her foresight and
perseverance in making this happen.
The Emergency Management (EM) Department and the Information Technology (LT.) Department
have been significant for their respective areas of expertise.
EM for their input as to what information they would prefer to see in the database and their on-going
contribution to updates of the information.
Information Technology is significant for their constant surveillance over what is needed to keep
these computers and phone lines in top shape so they can be activated at a moment's notice, and for
being able to set up the phonebank: at a moment's notice.
All our Divisions within the County are supportive of this program, including the County Manager
and Deputy County Manager who have blessed this initiative from the beginning. Many employees
from each division are dedicated volunteers and most volunteers are happy with the new way of
handling the phone bank.
11. If your program or policy initiative has been formally evaluated or audited by an independent organization or
group, please provide the name, address, and telephone number of a contact person from whom the materials are
available. Please summarize the principal findings of the independent evaluator(s) and/or auditor(s). If your program has
GKD Emergency Phone Bank Response System p. 10
2007 Mitretek Innovations Award
Agenda Item r\Jo. 16E 1
March 13, 2007
Page 12 of 20
has been the subject of an article, book, or other publication (including web-based) produced by an independent
organization or group, please provide a complete citation. maximum 1 page
N/A
GKD Emergency Phone Bank Response System p. 11
2007 Mitretek Innovations Award
Agenda Item No. 16E1
March 13. 2007
Page 13 of 20
12. To what extent do you believe your program or policy initiative is potentially replicable within other jurisdictions
and why? To your knowledge, have any other jurisdictions or organizations established programs or implemented
policies modeled specifically on your own? maximum 1 page
This program would not be difficult to replicate. It would be replicable within any jurisdiction that
deals with emergency situations and has a phone bank: in place to handle dissemination of
information to the public. Ifno phone bank: is in place now, it can be somewhat easily developed.
It would take a room or some space that could handle the wiring for the phones and the computers -
a computer for each phone - and the purchase of a database software program. A dedicated group of
volunteers and training for them and they are on their way. The database data would be relevant to
each jurisdiction.
We are not aware of any other jurisdictions or organizations implementing policies modeled after
this program.
GKD Emergency Phone Bank Response System p. 12
2007 MitretekJnnovations Awa~dE
7\genaa Iteml\lo. ,1) 1
March 13, 2007
Page 14 of 20
13. What is the program's current operating budget? What are the program's funding sources (e.g., local, state, federal,
private)? What percentage of annual income is derived from each? Please provide any other pertinent budget
information. maximum 1 page
We don't have an exact figure.
Because the phone bank: runs 24 hours, volunteers are paid overtime after completion of a 40-hour
week and that money comes out of their specific department's budget.
The phones and electronic equipment comes out of our Information Technology's budget.
Overall, in an emergency the funds are supported from the General Fund.
GKD Emergency Phone Bank Response System p. 13
2007 Mitretek.Innovations Awar:dE1
-A"genaa Item T'J o. "10
March 13, 2007
Page 15 of 20
14. Has the program or policy initiative received any awards or other honors? Yes_, No _X_
If yes, please list and descnoe the awards or honors and the sponsoring organizations. maximum 1 page
GKD Emergency Phone Bank Response System p. 14
.
2007 Mitretek Inno"atr.ons Award
Agenda tem No. 16E 1
March 13, 2007
Page 16 of 20
15. Has the program received any press or other media coverage to date? Yes _X_ No_.
If yes, please list the sources and briefly describe relevant coverage. maximum 1 page
Local newspaper - Naples Daily News
During Ernesto activation - reporter came through and wanted to see how the system worked.
He included a description of it in his column in the paper.
GKD Emergency Phone Bank Response System p. 15
.
2007 Mitretek Innovations AWlU'dE1
Agenaa Hem No. 10
March 13, 2007
Page 17 of 20
16. Please attach an organization chart to show the current number, responsibilities, and reporting relationships of key
program employees or staff. maximum 1 page
GKD EMERGENCY PHONE
BANK RESPONSE SYSTEM
Len Price
Administrator
Mary Beck
Program Coordinator
I I I
"
Employee Employee Employee Employee
Volunteer Volunteer l Volunteer Volunteer
\. \. \.
GKD Emergency Phone Bank Response System p. 16
ASH INSTITUTE
Agenda Item No. 16E1
March 13, 2007
Page 18 of 20
. :". "-
H A R v A~tit.;,~.
UN IV E as j-;r;Y',
FOR DEMOCRATIC GOVERNANCE
AND INNOVATION
JOHN F. KENNEDY
SCHOOL OF GOVERNMENT
MITRETEK INNOV A TIONS AWARD IN HOMELAND SECURITY
2007 SUPPLEMENTARY APPLICATION
AGENCY DIRECTOR SIGNATURE PAGE
This Document is Due to the Innovations Office by 5:00 PM on Wednesday, January 24th, 2007
Program Name: GKD Emergency Phone Bank Response System
Contact Person: Marlene Foord OR Mary Beck
Title:
Grant Coordinator
Program Coordinator
DepartmentlDivision: Administrative Services Division
Address (no P.O. Boxes, please): Collier County Government
3301 TantiamiTnrilEam
City: Naples
State: FL _ Zip: 34112
Telephone: 239 - 732-2700
Fax: 239 - 774-8720
E-Mail: MarleneFoord@colliergov.netORMarvBeck@colliere:ov.net
~~~~~.t ~!-~~~.:.~.'.. ;;k'~~ ,It;;=~~~!:;~':::-~~~\~..~~ ,=~:'---j;~~~~; ~~6;'~f~7:..~~~;}:~fr~;,J~.:~., :. ~?;~ ~ '~~)~~~~j..d.k~i~~},"'~r~~~~.~'
Agency Director: Helene Golden Price ("Len")
Title: Administrator
DepartmentIDivision: Administrative Services Division
Address (no P.O. Boxes, please): Collier County Government
3301 Tantiami Trail East
City: Naples
State: FL_ Zip: 34112
Telephone: 239 - 732-2700
Fax: 239-774-8720
("
E-Mail: LenPrice@colliergov.net
tion contained in this application is accurate.
/- 20-{)7
Date
ASH INSTITUTE
Agenda Item No. 16E1
March 13, 2007
Page 19 of 20
HARVARD
UNIVERSITY
L FOR DEMOCRATIC GOVERNANCE
AND INNOVATION
n I '" JOHN F. KENNEDY
~ ,<"OOC 0' 00""'"'"
MITRETEK INNOV A TIONS AWARD IN HOMELAND SECURITY
2007 SUPPLEMENTARY APPLICATION
CEO SIGNATURE PAGE
CEO SIGNATURE DEADLINE: Wednesday, February 7, 2007
APPLICATION DEADLINE: Tuesday, January 23rd, 2007
Program Name: GKD Emergency Phone Bank Response System
Contact Person: Marlene Foord OR Mary Beck
Title: Grant Coordinator OR Program Coordinator
Department/Division: Administrative Services Division
Address (no P.o. Boxes, please): Collier County Government
3301 Tamiami Trail East, Bldg. D
City: Naples
State: Florida
Zip: 34112
Telephone: 239 732-2700
Fax: 239 774-8720
E-Mail: marlenefoord(@.colliergov.netORmarvbeck(@.colliergov.net
)tr.. .<,. ..w ~--:"" :t.-.-,.~ ~. ..... ...'" ;",~. '" ~ ' .,..- ~~"--'- ;0. %" e.~ .'''' .,.. " ~., -'JJ'.... .,- ...- ." .". .....". ",. .,. .... ." -'" _. .., '<Iii-- .. .,;.:. "... -<lL'"
'" St/". j;~ :~-.;~ ,~. -"J~ <: -#' ,-ilW" -~~.~' w.o-; :t'~ if #-. .~, .:11 _'f1',:,~~' "'=~ -::: ;r-~,~-~'~ -- -~;" -'IT '_~'1'': ' .Jf" t(F~;~" 0(":'>", ft.' -~ ~.:~;, .;> ~-,: ... >. ._.~.. !?";'"~ '.;A.,~ .~, - - .:;- - .f(':""~-",~ .~.:~_-: ~
_.,oar,:a:.''''''''''' "'., '..,' ._..;~_~t...___.,<"..,. .4'~"''''''_'''' ;..". . C '._',"_ ,', - ....,.-,._c' ,. "-"'_~,~"""";''''''''',',~''~'''''\'.'&-'.'''I!<-'~'-
'e1lected Officer or Presiding Official: James Coletta
\ C Title: Chairman
S' Department/Division: Board of County Commissioners
i
S Address (no P.O. Boxes, please): 3301 Tamiami Trail E., Bldg. F
E'P
C;. City: Naples
i Tolepbon" 239774-8097
,..~
I certify that, as represented to me, the information contained in this application is accurate.
State: Florida
Zip: 34112
Fax: 239774-3602
Signature of Chief Elected Officer
This form should be mailed to:
Rebecca Kalauskas
Ash Institute
Kennedy School ofGovemment
79 JFK Street
Cambridge, MA 02138
Date
A'1TI8'l
DWlIIrf...... _
BY:
Agenda Item No. 16E1
March 13. 2007
Page 20 of 20
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
loEl
Meeting Date:
Recommendation to approve submittal of an award application for the General Knowledge
Database Emergency Phone Bank Response System to the Mltretek Innovations Award in
Homeland Security Program
3113120079:00:00 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
311/2007 4:21 PM
Approved By
OM B Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
312/20079:29 AM
Approved By
Laura Davisson
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/2120071:18 PM
Approved By
Leo E, Ochs. Jr,
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
3/2/2007 4:53 PM
Agenda Item No. 16E2
March 13, 2007
Page 1 of 39
EXECUTIVE SUMMARY
Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
OBJECTIVE: To enable the Board to oversee the execution of administrative change orders
and changes to work orders, and promote accountability in the use of staff authority.
CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement
a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County
Purchasing Policy) of not greater than 10 percent of the current Board approved amount or
$10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes
to Work Orders. These include work orders issued under CCNA Contracts, which are less than
or equal to $200,000 (Section VII.C, Collier County Purchasing Policy), and changes to work
orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not
greater than 10 percent of the current Board Approved amount or $100,000 whichever is
greater. The Administrative report identifies the percentage changes, to contracts or work
orders, that have occurred since the prior BCC approved amount, which are below the threshold
limits as referenced above.
The plan calls for staff to submit a monthly report listing these change orders from the previous
reporting period. Enclosed is the monthly report of the Administrative Change Order and
Administrative Changes to Work Order Reports. These reports cover period January 24, 2006
through February 20,2007.
FISCAL IMPACT: The total change to contracts is $886,946.16. The total change to work
orders is $129.494.05.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this action.
RECOMMENDATION: That the Board of County Commissioners accepts the enclosed
Administrative Change Orders and Administrative Changes to Work Orders Reports and ratifies
the listed change orders and changes to work orders
PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16E2
March 13. 2007
Page 2 of 39
16E2
Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts
3/13/2007900:00 AM
Date
Prepared By
Diana Deleon
Administrative Services
Administrative Assistant
Purchasing
2128/20073:13:59 PM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
311/20073:27 PM
Date
Approved By
Len Golden Price
Administrative Services
Administrative Services Administrator
Administrative Services Admin,
3/1/20074:21 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of ManagemCl1t & Budget
312/20079:31 AM
Date
Approved By
Laura Davisson
County Manager's OfFice
Management & Budget Analyst
Office of Management & Budget
3/5/200710:34 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
316/2007 1 :38 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
3f712oo7 9:27 AM
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CONTRACTJWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
March 13, 2007
. Page 8 of 39
(
PROJECT NAME: Collier County Hlahwav Enhancement at Port of the Islands
PROJECT#600521
BID/RFP #: 06-4009MOD #: 1
DEPARTMENT:_ ATM
PO#:4500067935 WORK ORDER #:
CONTRACTORIFIRM NAME: Hannula LandscaDlna Inc.
Orlglna' Contract Amount:
$ 237.061.45
(Starting Point)
$ 237.061.45
(Last Total Amount Approved by the BCC)
$. 237.061.45
(Including All Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
$ 509.50
$ 237.570.95
(Including This Change Order)
Revised ContractlWork Order Amount:
Cumulative Dollar Value of Change. to this ContractJWork Order: $
509.50.
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BeC amount, then BCe approval is required;
equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that
exceed $200,000 where the change does not exceed 10% or $10,000. these changes are reported by the Purchasing
Department to the Bee 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.
._~
.'}~
JoSJ..
%
Date of Last Bee Approval Julv 25. 2006
Agenda Item #
16B2
CURRENT COMPLETION DATE (S):ORIGINAL: Januarv 19. 2007 CURRENT: January 31. 2007
SUMMARY OF PROPOSED CHANGE IS): Identify the chanae.. Remove additional soli. chanae Dlant size for strina
Illy from 1 aal. to 3 aal. due to unavailable In 3 aal. size. add days due to delay. caused by local aovernment aaency
ICID) locatlna and tlDDlng re-use lines. delays In other utility locates. delays In directional bores coordination with
state. delays In electric hook-UDS . de laved due to field .dlu.tments needed to reDlace Dlant material that was not
awarded due to budaet constraints.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the proJect? Allows project te
be completed without leaving some beds empty~ Allows for time to complete project and as-bullts.
PARTIES CONTACTED REGARDING THE CHANGE: Pam Lulich. Dale Hannula.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
...:J_ Proposed change is consistent with the scope of the existing agreement
_n_ Proposed change Is in fact an addition or deletion to the existing scope
_JL Change is being implemented in a manner consistent with the existing agreement
...y_ The appropriate parties have been consulted regarding the change
...:J_ Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
ATION: This form Is to be signed and dated.
. -~-O?
/"'-- Date: - 2 ....J.
ate:
:ii";'~.' ..r...rJi<!-,' ;~"
,"'10.~..- _,~~ .:..
~.;)o' . ...:..;c;~....
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: ..It! Floor Courthouse Renovations PROJECT #: 62004
BIDIRFP #: 04-3676MOD t#: LPOI:4500060187 WORK ORDER #: N/A
Agenda Item No. 16E2
March 13, 2007
Page 9 of 39
:z
DEPARTMENT: Facilities Management
CONTRACTORIFIRM NAME: Kraft Construction
Original Contract Amount:
$1,716,800 ,~,()
(starting Point)
$1,718,800. 00
(last Total Amount Approved by the BCC)
$1,714,520.00
(Including All Changes Prior To This Modification)
$ 41,518.51
$1,758,038.51
(Including This Change Oroer,
Cumulative Dollar Value of Changes to this ContractlWork Order: 539.238.21
Cumtnt Bce Approved Amount:
Current Contract Amount:
Change Amount:
Revised ContractJWork Order Amount:
APPROVE BY:
Date of Last Bee Approval 3/28/06 Agenda Item # 10..e
Percentage of the change over/under current contract amount 2.29%
Fonnula: (Revised Amount / Last BCe approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current acc amount, then BCC approval is required;
equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all worX orders that
exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing
Department to the BCC 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 BCC amount, then BCC approval is
required. If in doubt. contact your contract specialist. For more specific information regarding work oreler thresholds,
please refer to the Procurement Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: Multiple Phases CURRENT: MultlDfe Phases
SUMMARY OF PROPOSED CHANGE (8): IdentifY the changes: Modifications to existing building that were
unforeseen at the time of bidding to correct existing conditions.
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project? These chanaes are
to enhance life safety and functional use of the remolded Judoes chambers and office soace.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell, Linda Best, Skip Camp
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor NlA)
_X_ Proposed change is consistent with the scope of the existing agreement
_X_ Proposed change is in fact an addition or deletion to the existing scope
_X_ Change is being implemented in a manner consistent with the existing agreement
-X_ The appropriate parties have been consulted regarding the change
_X_ Proposed prices, fees and costs set forth in the change are reasonable
ECO MENDATION: This fonn is to be signed and dated.
Date: 1~6AJ '7
Date: %/;4(67
REVIEVVEO BY: ,
C
,,-&-,~:.;-.- -..~~, ~~~~;~;~-'.~
~~_~~~~'.x:. ,~
--~-~
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2 3
March 13, 2007
Page 10 of 39
BIDIRFP II:
06-3985 MOD #:
1
POt: 4500068948
PROJECT #: 163645
WORK ORDER #: NlA'
PROJECT NAME: Survey Base MaD of Roadwavs In GoldenGm. Estates
DEPARTMENT: Road Maintenance ..
CONTRACTOR/FIRM NAME: AIM EnalneerlnG SurvevlnG. Inc.
Current BeC Approved Amount:
$ 674.080.00
(Starting Point)
$ 674.060.00 .
(Last Total Amount Approved by the BCC)
$ 674.060.00
(Including All Changes Prior To This Modification)
. Original Contract Amount:
Current Contract Amount:
$ 0.00
$ 674.060.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 0.00
Change Amount:
Revised ContractIWork Order Amount:
Date of Last Bee Approval:. September 12.2006 .
Agenda Item # 16.8.14
Percentage of the change over/under current contl"lct amount
Fonnula: (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 BCC by the purchasing department. CCNA Work Orders: For all work ordel"$ that
exceed $200,000 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 Bee 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.
'0
0/.
CURRENT COMPLETION DATE (S):OR1GINAL:
10/14/06
CURRENT:
1013/2007
SUMMARY OF PROPOSED CHANGE (5): Identify the changes.
frame for Task 1 & Task 3 which was incorrect.
The pureose of this chanQe is to extend the time
JUSTIFICA TION FOR CHANGE (5): What value or benefit do these changes provide to the project? The additional time
for Task I and Task III will aive the contractor the time needed for each task.
PARTIES CONTACTED REGARDING THE CHANGE: Road Maintenance. Purchasina and AIM Enaineerina Inc.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
y.. Proposed change is consistent with the scope of the existing agreement
N/A 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 MAN~ RECOMM N
APPROVED BY1~ .' r-. L
M er
REVIEWED BY:
N: This form Is to be signed and dated.
Date: / .- 2 .5........ t:? ?
Date: ;~f /; 1
I /
tract Specialist
Revised 10.24.2006
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2 J /
March 13, 2007 .,.
Page 11 of 39
~
PROJECT NAME: Immokafee Road Widenlnq US 41 to '-75
PROJECT It: 660428
BIDIRFP #: 05-3788
MOD It: 6
POI: 4500044405
WORK ORDER It:
NA
DEPARTMENT: Transportation Em:lineerinQ and Construction Management CONTRACTORIFIRM NAME: John
Carlo. Inc.
Original Contract Amount:
$ 26.947.099.43
(Starting Point)
$ 26.947.099.43
(Last Total Amount Approved by the BCC)
$ 27.395.143.71
(Including All Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
Revised ContractIWork Order Amount:
$
9.502.68
$ 27,404,646.39
(Including This Change Order).
Cumulative Dollar Value of Changes to this Contract/Work Order: $
457.546.96
Date of Last BCC Approval March 8. 2005
Agenda Item It
10 C
Percentage of the change over/under current contract amount 1.70 %
Fonn ula: (Revised Amount I Last BCC approved amount)-l
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 BCC by the purchasing department. CCNA Work Orders: For all work orders that
exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing
Department to the BCC 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 BCC amount, then BCC 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: November 18. 2007 CURRENT: February 7,2008
SUM:MARY OF PROPOSED CHANGE (S): Identify the changes. Item 102-81D Impact Attenuator Repairs; Item
999-031 Repair an 8" water main at The Lane; Item 999-032 Revising a 20" water main tie-in: Item 999-033 for
revising the 30" water main at the Cypress Wav East bridge. .
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?ltem 102-81 D Due
to damaoe caused by vehicle traffic: Item 999-031 Due to locates not markino this line: Item 999-032 Due to conflict with
existino 12" raw water main; Item 999-033 Due to not removino the Cypress Way East bridoe as per direction of Board of
Commissioners.
PARTIES CONTACTED REGARDING THE CHANGE: Steve Stevens and Charlie McCleaf (John Carlo. Inc.); Fred Sexton
and Ron Dillard (Collier County PUED): Chris Libby and Michael Jordan (PBS&J); Steve Ritter, Jay Ahmad and Norm Feder
(Collier County Transportation ).
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) IW.T"C' . n
l Proposed change is consistent with the scope of the existing agreement nlJCE "j):'; U
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 r.'~.j
l The appropriate parties have been consulted regarding the change JA..\ ;. ':} ....
l Proposed prices, fees and costs set forth in the change are reasonable
. '\ : ;~':r';;:;:: '0,~''':.~r~ nSllt
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PROJECT MANAGER R.ECOMMENDATION: This form Is to be signed and dated.
Revised 10.24.2006
..;;;;:~.
Agenda Item No. 16E2 l(
March 13, 2007 ~
Page 12 of 39
APPROVE, BY:
Pr. .
REVIEWED BY:
Co t act Specialist
. Revised 10.24.2006
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
March 13, 2007
Page 13 of 39
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PROJECT NAME:
Collier County Services for Seniors
PROJECT #:
NA
BID/RFP #: 05-3823 MOD #:
l5fffi1f26.t1!Is'iJ'oOSlir2&lI8XI WORKORDER #:
2
NA
PO#s(multiple)~5~..r:rjTmrtj'~~58~45lfdamm
DEPARTMENT: Human Services CONTRACTOR/FIRM NAME(s): Bidwell Service Care. LLC. dfb/a
Home Instead Senior Care. Accu-Care Nursina Services. Inc.. Eleven Ash. Inc. d/b/a Health Force.
Original Contract Amount:
$ NA
(Starting Point)
Current BCC Approved Amount:
$ NA
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ NA
(Including All Changes Prior To This Modification)
$ 0
$ NA
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ NA
Change Amount:
Revised ContractIWork Order Amount:
Date of Last BCC Approval June 14. 2005
Agenda Item # 16.D.4
Percentage of the change over/under current contract amount
Formula: (Revised Amount f Last BCC approved amount)-1
o
%
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 BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $200,000 where
the change does not exceed 10% or $10,000, these Changes are reported by the Purchasing Department to the BCC 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 BCC amount, then BCC 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:
NA
CURRENT:
NA
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To provide for the addition of two more services to be provided bv
the Care Providers as per the direction of the Older American's Act proaram direction.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The additional
services to the clients will provide an enhanced service prOQram.
PARTIES CONTACTED REGARDING THE CHANGE:
Krurrlbine:nH'u'm'arfrsl?iVfc~s
Linda Jackson Best. PurchasinQ: We'n-f' Daril~Ruman,""USeiVIces~Ma"rov
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
Y Proposed change is consistent with the scope of the existing agreement
y.. Proposed change is in fact an addition or deletion to the existing scope
y.. Change is being implemented in a manner consistent with the existing agreement
y.. The appropriate parties have been consulted regarding the change
y.. Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MAN
APPROVE BY'
REVIEWED BY:
Revised 10.24.2006
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Agenda Item No. 16E2 66
March 13, 2007 ,
Page 14 of 39
Supplemental Authorization Exhibit "A2-A"
Contract Rate Caps - Appendix I
SERVICE MAXIMUM FEE
MATCHING
FUNDS 1 0%
TOTAL BILLING RATE
Personal Care $23.23
(PECA)
Respite
(RESP) $20.00
ti;
-'~,~..'
-$3.23
$20.00
-$2.00
$18.00
_~'L___
Agenda Item No. 16E2 /
March 13, 2007 fP
Page 15 of 39
CONTRACTIWORK ORDER MODIFlCAnON
CHECKLIST FORM
Revised
PROJECT NAME: Golden Gate Grade Separated Overpass
PROJECT #: ~
BIDlRFP.: 04-3653 MOD .: 14
DEPARTMENT: T.E.C.M.
PO,: 4500031462 WORK ORDER ,:
CONTRACTORlF1RM NAME:MCM
Original Contract Amount:
$ 35.397.385.35
(Starting Point)
$ 37.951.482.80
(Last Total Amount Approved by the BCC)
$ 37.951.482.80
(Including All Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
Revised ContractJWork Order Amount:
$
&.510.62
$ 37.957.993.42
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ G i10.Cl 'L/~ /5~ {;lJg',07 ~
Date of Last BCC Approval June 20m. 2006
Agenda Item" 1 0 (h)
Percentage of the change over/uncler current contract amount
Formula: (Revised Amount I Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, than BCC approval is required;
equal to or less than 10% reported to BCC by the purchasing deparbTlant. CCNA Work Orders: For all work orders that
exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing
Department to the BCC 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 BCC amount, then BCC 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: September 26th. 2006
CURRENT: June 15th. 2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. .sse "CXI1l8R" ft."
Adjusting structural steel quantities, adding conflict structure to contract due to utilities conflict. Adding money for per day charge
of maintenance of traffic. Adding money to Lump Sum allowance for Irrigation Redesign. Adding days to contract for weather
and material delay.
JUSTIFICATION FOR CHANGE (S): What value or beneflt do these changes provide to the project?
To move money from the allowance to line items to pay contractor for work performed. To increase contract time
due to weather and material delays. Sfliilii EXl><flil'f U./l,"
PARTIES CONTACTED REGARDING THE CHANGE: James Zuver. Enaineerlna InsP9CtorJProiect Manaaer T.E.C.M.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NlA)
y. Proposed change is consistent with the scope of the existing agreement.
y... Proposed change. is in fact an addition or deletion to the existing scope
y. Change is being implemented in a manner consistent with the existing agreement
y.. The appropriate parties have been consulted regarding the change
y. Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated.
APPROVE BY: --1 ~,J ~ Oat.: 1117"':>7
...8fOject Manager I /
REVIEWED Bi(_ Date:
Contract Specialist
Revised 10.24.2006
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" MANAGER - ROAD CONSTRUCTION
By: 5~~ 1~/9.o?
Steve Ritter, T.E.C.M.
ADMINISTRATOR, TRANSPORTATION DIVISION
By:
Norman E. Feder, AICP
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Agenda Item No. 16E2 I n
March 13, 2007 (0 '"'\
DEPARTMENT DIRECTOR Page 16 of 39
CONTRACT SPECIALIST
I'"
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CONTRACTIWORK ORDER MODIFlCAnON
CHECKLIST FORM
Agenda Item No. 16E2
March 13, 2007
Page 17 of 39
-,
PROJECT NAME: US 4116" Water Main replacement PROJECT #: _71059
SIO/RFP #: 06-~941 MOD #:
OEPARTMENT= PUED
3
PO#: 4500060223 WORK ORDER #=
NtA..
CONTRACTORlF1RM NAME: Akerman Construction Co. lne
Original Contract Amonnt:
$ 3,J.S59~3.00
(Starting Point)
Curn:nt Bee Approved Amount:
$ 3.559.343.00
(Last Total Amount Approved by the Bce)
Current Contract Amotmt:
$ 3,680.040.00
(Including All Changes .Prior To This Modification)
t, .
$ 0.00
$ 3.680.040.00
(Including This Chl\nge Order)
Change Amount:
} :
Revised ContractIVVork OrdeJ:' Amount:.
Cumulative Donar Value of Changes to this Contract/Work Ordcr~ $
120.697.00
Oate of Last Bee APproval
Feb 14. 2006
Agenda Item f#
10 (E)
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last Bee approved amount)-1
3.4
0/..
R8SUr~ and Actions; Cantn:leb:: If the change exceeds 10% of the eurrent BOC amount, ihen Bce approval is required: equal t"i or loss lt1an 10%
: I'llportsd 10 8CO by the purchasing department. CCNA WOrk Orclers: For all work orders that exceed $200,000 wh!Jre the Char ge does not e~d
: 10% or $10,000, these changes are reported by the Purehasing Department to !he BCC administratively. Changers 1.0 these wone orders that exceOO
. those threstlolds require prior BCG approval. NON-CCNA Work Orders: If !he change exceeds 10% of ihe current aoe amourn. t1en Bee approval Is
rsquired. If in doubt. contact your contract spaclaflsl. For more specifiC information regarding work order thrnsholds, please refer 10 the Procumment
I AdmlnlstratlDl'l ProcedUreS. Section IV.3.d.
I tURRENT COMPLETION DATE (S):ORIGINAL: Januarv 28,2007
i .
! $UMMARY OF PROPOSED CHANGE (S): Identify the changes. This change order is to extend the
: Contract days and (let the I!,roiect constructed and closed out as intended in the constnlction p]ans.__
!
CURRENT:
Af'n \ q,2-co.? ,_ r>
Febr~2007 ..tP~.
~
, JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the, project?
The construction was started on time. It was ahead of schedule for the most Dart of last summer. Given
the construction conditions and the traffic situat10ns this contractor performed an excellent iob at the construction
site. However. they have been unsuccessful in oettina the pipe to pass the bae-tees and ha:?. been delayed for
over a month. The contractor 1s confident that they could oet positive testinQ results this week and oan finish the
tie-in soon after that. To oomplete all the necessary paper work this contract needed to be e)'!ended a.t fea.st 60
days. ~
: PARTIES CONTACTED REGARDING THE CHANGE:
. of JEJ.
: ~MPLEMENTATION STEPS (Verify each before prooeeding with change using V, N or N/A)
! :.x... Proposed cha.nge is consistent with the scope of the existing agreement
i ;.x.. Proposed change is in fact an addition or deletIon to the existing scope
Mr. Bill Mullin, Mr. Mike Dickey of JE:I and Eric Howard
: OIl'clC: Lilli for US 41.
. ,
Page 1 oF2
Date: Novernilnr 17. 200a
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-X... Change Is being implemented In a manner consistent with the existing agreement Agenda Item No. 161:2 (,
.1L The appropriate parties have been consulted regarding the change March 13, 2007 C(
..x... Proposed prices, fees and costs set forth In the change are reasonable Page 18 of 39
MENDAll0N; Thfs fonn is to be signed and dated.
~~ Date: ~!7~7
Date: ~ 1 ) 01
I.
I ReviEWED BY:
: i" . Contraot Specialist
, ,
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Choot J.,lst l'<< us 41.
?ngc: 2 of 2
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Da.le: Novcmix:r 17, 2006
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Agenda Item No. 16E2 g.
,
Page 19 of 39
CONTRACTIWORK ORDER MODIFICATION
CHECKUST FORM
PROJECT NAME: Pelican Bay Streetscape Irrtf:Jation System Phase V
PROJECT#: 51130
BID/RFP #: 06-4011
MOO #:
2 PO#: 4500066550 WORK ORDER 'II:
DEPARTMENT: PeUcan Bay Services
Contractor/Firm Name: Stahlman-EnQJand IrriGation
Original Contract Amount:
$ 200.000.00
(StilrUll.g Point)
Current BCe Approved Amount:
$ 200,000.00
tI.:urt n'M AmNlUt Appnwetl by UIC Bce!
Current Contract Amount:
$
216~. /,A:O . 00 ~
(Including All C~e.!; PriorTl' Thill ModitiCllti<'ul
ClUlDge Amount:
S 1.800.00
$ 218.000
(lududiJl3 Thi~ Chlln~ Onh:rJ
Reyised Contraet/Wock Orde.. Amount:
Cumulatin~ DoDar Value of Changes to this ContractlWork Order: $ 18,000
Date of Last Bce Approval 7/25/2006 Agenda ttem # 16.F-6
Percentage of the change over/under current contract amount 9 %
Formula: (Revised Amount I Last BCC approved amount}-1
ResUlbl and Actioml: Contracl:a: If the change exceeds 10% of th.. current BCC amount, then BCC .ppnl"lal is r9qwrvct. equal to or less than 10"
rvported to Bce by the purchasing depal1mllnl CCNA Work Orders: F<<.a wolle ordel$ that eXCMd $90.000 wMl'll th6 <:hang. do.. not exceed 1 ~
or $10.000. these eluu1iles are reported by the Purchasing Oepartment to the BCC adrrinistratively. Changelll to these work orders that exceed those
thresholds rvqulrv prlor Bee appl"Oval. NON..cCNA Work Orders: If the chang. _ed. 10'1(, of the currvnt see amount. then see approval is
IlIqulrvd. If in doubt, oontllct )'Our contract specialist. For more specifIC Informallo.n ..garding work order thresholds. please refer to the Procurement
Admlnfstrati<m Procedures. Seetlon IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: 1212/06
CURRENT: 219107
SUMMARY OF PROPOSED CHANGE (S): Identify the changes.
Install irrigation main line stub outs to the comers of North Pointe Dr & Vanderbilt Beach Road.
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project?
Since this project was bid the PBSO Board has decided to maintain ROW area along Vanderbilt Beach Rd.
and these main line stub outs will provide Irrigation to this area. By performing this work now it will
prevent having to re-excavate this area after landscape improvements have been completed on North
Pointe Dr.
PARTIES CONTACTED REGARDING THE CHANGE:
Desion Professiona'
Dianna Penvman. Contract Specialist. James Abnev.
Revised 3/29/06
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Agenda Item No. 16E2 ~
March I,), .2001 q
Page 20 of 39
IMPlEMENTAnON STEPS (Verify each before proceeding with change using Y. N or N/A)
X. Proposed change Is consistent with the scope ofthe existing agreement
X Proposed change is in fact an addition or deletion to the existing scop$
r Change Is being Implemented in a manner consistent with the existing agreement
L The appropriate parties have been consulted regarding the change
X Proposed prices. fees and costs set forth In the change are reasonable
APPROVE BY:
A TION: This tonn is to be signed and dated.
Date: c5l//d,
Date: ~/ fJ,/ 01
Revised 3/29/06
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Agenda Item No. 16E2
March 13, 2007
Page 21 of 39
~
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: SCRWTP 12-MGD Reverse Osmosis Expansion PROJECT #: 05-3879
03-01 PO#: 4500054770 WORK ORDER #: N/A
BID/RFP #: 05-3879 MOD #:
DEPARTMENT: Public Utilities
CONTRACTOR/FIRM NAME: The Poole and Kent Company
,
I Original Contract Amount:
I '
,
i Currerit BCe Approved Amount:
I Cu""n' Contract Amount:
I "
I Change Amount:
~ev~~~d Cont~ctIWork Order Amount:
$ 24.373.000.00
(Starting Point)
$ 24.373,000.00
(last Total Amount Approved by the BCC)
$ 24.655.511.64
(Including All Changes Prior To This Modification)
$
0.00
$ 24.655.511.64
(Including This Change Order)
, '..~ .
: (~1.:lI1iuJative 'DoU,ar Value of Chan'ges to this ContractIWork Order: $
i
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Date. of Last BeG Approval 10/11/2005 Agenda item #
r
i P.ercentage,of the ct!ange over/under current contract amount
l' ,~.
; Formula: (Revised Amount /last BCC approved amount)-1
!
i Bf.($~l4tan(:I;Acti9ns; Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required;
i squal to or less than 10% reported to BCe by the purchasing department. CCNA Work Orders: For all work orders that
: exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing
i nep~rtn:lenHo-,~he BCC administratively. Changers to these work orders that exceed those thresholds require prior BCC
t approval. NON~CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is
: required. if in doubt, contact your contract specialist. For more specific information regarding work order thresholds,
.' plea$9 refer to the Procurement Administration Procedures, Section IV.3.d.
283.850.001::, '7
10G
1.16 %
: CURRENT COMPLETiON; DATE (3):
; stmST.^.."lTIJ\l:tOMPLETION NO.1: ORIGIN!\L: 01/24/2007 CURRENT:
: SUBSTANTIAL COMPLETION NO.1A:ORIGINAL: 01/24/2007 CURRENT:
'I ~UB~1"ANTIAL.j:O~flLETIONNq, 1B:ORIGINAL: 01/24/2007 CURRENT:
, SUBSTANTIAL COMPLETION NO.2: ORIGINAL: 07/1312007 CURRENT:
I
- F1NJlECOMPLETION: ORIGINAL: 08/12/2007 CURRENT:
01/24!2gg+
01/31/2007/
02/23/2007/
07/13/2007
08/12/2007 ,
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; ~UMMAft~' OF"'PROPOSEO' CHANGE (S): Identify the chanqes.
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. Tnis,jt~m incorp9r~tes the following Bid Schedule Allowance Items into a zero dollar change order:
~"':');i;J3id ~che,dule,.ItemNo, 2 (Allowance for Furnishing a)1d Installation of Membran!3 Elements): ,In accordan<;:,e,with
.;..::::) ~, Gon.tract' Specification Section 13707, the Contractor shall furnish and assist with installation of membrane
, ". ':.,.' el€101ents for .Reverse Osmosis Treatment Skids Nos. 5, 6, 7, 8, 9 and 10. The allowance account total is
.,::'~,:,;~::!::$1,5bO,,o;06:o6. The followi'ng items have been authorized by Work Directive(s): ,
.-:-' . ~ '! ;.
'7-~~~
a. 'Work Dire~tive No: 3 - Materials and labor to provide electrical service and piping connections to the
'Membrane Pilot unit for proof testing of membrane elements being fumished under this contract
Compensation from allowance - $7,730.00.
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b.'W6rk'Dir~ctive No.:9 - Materials to furnish membrane elements for RO Treatment Skids Nos. 5, 6. 7, 8, 9
~nd 10. Compensation from allowance - $1,071,860.00.
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Agenda Item No. 16E2 D 13
. March 13, 2007 -( ,
.". :. . . . Page 22 of 39
: f~' '.,:2-" Bid Sch~~t:lIe Item No.4 '(Allowance for Landscaping, Irrigation and other Miscellaneous Sitework required by
.'.': approved County Site Development Plan): This allowance account total is $175,000.00. The following items
,..:,' f't~ve b~~n authorized by Work Directive(s):
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a. .work Directive N6. 1: Materia's, equipment and labor to raise the b~ttom elevation of Stormwater
, "Retention Pond No. 2 from elevation 7.5' to elevation 9.8'; and sedimentation and erosion control
, , " \ IT!easv.res required by the SDP that were in addition to those required by contract documents.
C~mp'ensatlon from allowance - $94,720.00. '
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:b. 'Work Directive No. 11: Materials, equipment and labor to incorporate the following revisions required by
the approved Site' Development Plan: Additional landscaping, fencing and re-alignment of the 36-inch
diameter finished water piping based on revised landscape' buffer and perimeter fencing requirements.
Compensation from allowance - $69,110.00. .
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3. Bid SchSdule'No. 6 (A1iowance to Extend the 36-lnch Finished Water Pipeline to County Road 951): Under Work
Directive No. :12, the Contractor was authorized to purchase the majority of pipil19, materials for this item. The
total ampunt for this lot of piping materials was $143,110.00. This allowance account total is $100,000.00. Work
Directive No. 12 authorized compensation of $100,000.00 through this allowance account and the remaining
$43,1' 1 0:00 under Change Order No.2.
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JUSTIFICATl9.t,.! FOR CHANGE (S): What varue or benefit do these changes provide to the project?
'. >
According. to. County Finance policy, a zero dollar change order Is required to account for money utRized from any contract
, allowahceitem o~fore it can be paid through a monthly progress payment. ; . , ,
,,'.., ."
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. PARTIE'S caNt ACTED REGARDING THE CHANGE: PUED Proiect Manaoer, SCRWTP Plant Menaaer, PurchasinQ
~ntrac~ SoeciaRst Contractor. EnqineerinQ Consultant
t . ", . '" ~.: .
· IMPLEMENTAT!ON STEPS (Verify each before proceedIng with change usIng V, N'or N/A)
, __ Proposed change Is consistent with the scope of the existing agreement
_ Proposed chaOnge is. in fact an addition or deletion to the existing scope
_ Change Is bemg implemented in a manner consistent with the existing agreement
_ The: appropriate parties have been consulted regarding the change
_ Proposed prices ,fees arid costs, set forth in the change are reasonable
._' ". 'r~~' :. : ,I
TION: This form is to be signed and dated.
Date: 1/2~/07
Date: di1/ 01
REVIEWEO BY:
to, . '.' . Contract Specialist
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CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2 9 b
March 13, 2007
Page 23 of 39
PROJECT NAME: SCRWTP 12-MGD Reverse Osmosis Expansion PROJECT #: 05-3879
BID/RFP #: 05-3879 MOD #:
03-02 PO#: 4500054770 WORK ORDER #: N/A
DEPARTMENT: Public Utilities
CONTRACTOR/FIRM NAME: The Poole and Kent Company
Original Contract Amount:
$ 24,373,000.00
(Starting Point)
Current BCC Approved Amount:
$ 24,373,000.00
(last Total Amount Approved by the BCC)
Current Contract Amount:
$ 24,655,511.64
(Including All Changes Prior To This Modification)
Change Amount:
$_ 814.420.00
$ 25,469,931.64
(Including This Change Order)
Revised Co ntractIWork Order Amount:
Cumulative Dollar Value of Changes to this ContractIWork Order: $
1,096,931.64
Date of Last BCC Approval 10/11/2005
. Agenda Item #
10G
Percentage of the change over/under current contract amount
Formula: (Revised Amount / Last BCC approved amount)-1
4.50
%
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 BCC by the purchasing department. CCNA Work Orders: For all work orders that
exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing
Department to the BCC 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 BCC amount, then BCC 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):
SUBST:'\NTI,^.L COMPLETION NO.1:
SUBSTANTIAL COMPLETION NO. 1A:
SUBSTANTIAL COMPLETION NO.1 B:
SUBSTANTIAL COMPLETION NO.1C:
SUBSTANTIAL COMPLETION NO.2:
FINAL COMPLETION:
ORIGIN.^,L: 91/24/2007 CURRENT:
ORIGINAL: 01/24/2007 CURRENT:
ORIGINAL: 01/24/2007 CURRENT:
ORIGINAL: 01/24/2007 CURRENT:
ORIGINAL: 07/13/2007 CURRENT:
ORIGINAL: 08/12/2007 CURRENT:
01/24/2007
01/31/2007
02/23/2007
05/02/2007
07/13/2007
08/12/2007
SUMMARY OF PROPOSED CHANGE (5): Identifv the chanqes.
1. Materials and labor for the extension of the 36-inch Finished Water pipeline from the northwest corner of the SCRWTP
site to the point of connection to the existing 36-inch diameter water main near County Road 951, as authorized in Work
Directives 12 and 12A. It is understood that this item includes labor for pipe trench dewatering and excavation in areas of
limestone cap rock.
2. This item requires a 98 calendar day time extension for placing High Service Pump Station NO.2 in service due to the
anticipated time to install this 36" FW extension. This will result in the creation of Substantial Completion No. "1 C" for
High Service Pump Station No.2 only. All other portions of the project other than High Service Pump Station No. ? -'1d
the 36" FW discharge piping shall be completed by current contract dates.
Revised 10.24.2006
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Agenda Item No. 16E2 q e...
March 13,2007
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the projecEWJe 24 of 39
1. The 36-inch finished water main is designed to convey treated water from new High Service Pump Station NO.2
to the County's water distribution system. At the time the project was issued for bidding, the County was still
negotiating easements for the portion of the finished water piping from the SCRWTP boundary to the point-of-
connect!on near County Road 951. For that reason, and to avoid delaying the start of this project due to the need
to complete this expansion in time to meet anticipated demand increases, an allowance account was included in
the contract under Bid Schedule Item No. 6 (Installation of 36-lnch Finished Water Pipeline from SCRWTP
Boundary to and including point of connection to Existing Finished Water Main in County Road 951). Easements
have since been obtained from FPL and the owner of the City Gate PUD. A total cost of $143,110.00 for the
majority of materials (piping and valves) associated with the original Work Directive No. 12 was previously
reviewed by the Engineer and authorized under Work Directive No. 12. This item addresses the balance of
materials and all installation costs. The segment of the 36" FW pipeline from High Service Pump Station NO.2 to
the northwest plant boundary has been installed per the original lump-sum contract.
2. Rather that submitting this portion of the work to a second contractor through a competitive bidding process it was
decided that it was preferable to avoid the complication of having two contractors working in parallel at the same
location and the confusion inherent in splitting responsibility for warranting and disinfecting different portion of the
same pipeline with different companies. This decision was contingent on negotiating a favorable price for this
work with Poole and Kent, and this company has agreed to meet our Collier County standard fIXed term Time and
Material unit cost, a very favorable rate. Once the pipeline extension to County Road 951 is installed under this
Work Directive/Change Order, the entire new pipeline will be disinfected and cleared through FDEP at the same
time under the responsibility of one contractor (Poole and Kent).
3. Work will be completed in accordance with material costs and labor/equipment rates included in the Poole and
Kent PCO#28C, dated 12/19/06. Material invoices for piping have been reviewed by the Engineer and are
acceptable. Labor and equipment rates are consistent with rates established by the County for Fixed Term Utility
Contractors. The Engineer will provide full-time inspection of the work to ensure that that the Contractor
maintains suitable productivity (rate of pipeline Installation). These cost-control measures have been established
to ensure fair and reasonable pricing consistent with competitive bidding, while maintaining responsibility for
testing and disinfection of the entire pipeline under the responsibility of a single contractor.
4. PCO#28C includes a total amount for this proposal of $814,420.00. Proposed pricing for installation appears to
include high amounts of "contingencies". Apparent contingencies may be due to one or more of the following
reasons:
· Uncertainty regarding production rates due to challenge of excavating through limestone cap rock.
· Challenge of dewatering the pipeline trench adjacent to an existing drainage canal.
· Uncertainty due to potential conflicts with an existing stormwater culvert and existing pipIng In the area of
the piping connection near County Road 951.
Based on cost-control measures outlined above, the Engineer anticipates that actual T&M costs will be significantly
less than the total estimated amount included in PCO#28C. The final amount will be calculated based on actual
quantities and unit pricing included in PC0#28C. A deductive change order is anticipated once all work is complete to
creditthe contract amount for the unspent portion of the $814,420.00.
5. The time extension of 98 calendar days for this work is warranted due to the fact that easements and investigations of
existing utilities through the proposed alignment were only recently completed. The extension allows a reasonable
amount of additional time to purchase remaining materials and complete the installation.
PARTIES CONTACTED REGARDING THE CHANGE: PUED Project Manaaer, SCRWTP Plant Manaaer. Purchasina
Contract Specialist. Contractor. Enaineerinq Consultant
-
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Proposed change is consistent with the scope of the existing agreement
_ Proposed change is in fact an addition or deletion to the existing scope
_ Change is being implemented in a manner consistent with the existing agreement
_ The appropriate parties have been consulted regarding the change
_ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
Revised 10.24.2006
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APPROVE BY.
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L Revised 10.24.2006
Date: -z..r'f:;j07
Date: M1j 01
---~~
Agenda Item No. 16E2 q c
March 13, 2007
Page 25 of 39
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CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
j:lROJECT NAME: SCRWTP 12-MGD Reverse Osmosis ExPansion PROJECT #: 05-3879
Agenda Item No. 16E2
March 13, 2007
Page 26 of39
Cfe,
.." .
03~03 PO#: 4500054770 WORK ORDER#: N/A
BfD/RFP #: '. 05-3879 MOD #:
DEPARTMENT: Public Utilities
CONTRACTOR/FIRM NAME: The 'Poole and Kent Company
Orjgl~:al Contract Amount:
$ 24,373.000.00
(Starting Point)
$ 24.373.000.00
(Last Total Amount Approved by the BCC)
$ 25,469.931.64
(Including All Changes Prior To This Modification)
Currerit Bce Approved Amount:
.Cur!'a!'lt Contra<;:t Amount:
Change Amount:
$
5.160.00
I. .
i ~,z,YJ~~~ C~mtr~p~ork Order Am.ount:
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! Curt1U:ative DoUar Value of Changes to this ContractJWork Order: $
$ 25.475.091.64
(Including This Change Order)
1.102.091.64
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Date of Last BCC Approval
10/11/2005
Agenda Item #
10G
; Per~entage..of the change over/under current contract amount
~ Formula: (Revised Amount! Last BCC approved amount)-1
4.52
%
. .
: Re.$~Us 'and 'Act!ons: Cont~c~: If the change exceeds 10% of the current BCC amount, then BCC approval is required;
, ttqual to or less than 10% reported to BCC by the purchasing department. CCNA Work Qrders: For all work orders that
. exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purc;hasing
i Dep~t~'il1ent.1oth~ BCGadministratively. 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 BCC approval is
! required, If in doubt, contact your contract specialist. For more specific information regarding work order thresholds,
pJe.as~.:refer-tothe Procurement Administration Procedures, Section IV.3.d.
t;:tJ~NTCOMP.LET.(ON PATE (S):
1V.g~Ti'.NTIAL COMPLETION NO.1:
SUBSTANTIAL COMPLETION NO. 1A:
: SUBPTANTIALCOMPLETION NO. 18:
: SUBSTANTIAL COMPLETION NO.1C:
, SUBSTANTIAL. COMPLETION NO.2:
fINAl,.:COM PLET!ON:
ORIGINAL: 01/24/2007 CURRENT:
ORIGINAL: 01/24/2007 CURRENT:
ORIGINAL: 01/24/2007 CURRENT:
ORIGINAL: 01/24/2007 CURRENT:
ORIGINAL: 07/13/2007 CURRENT:
ORIGINAL: 08/12/2007 CURRENT:
01/21/2007
01/31/2007
02/23/2007
05/02/2007
07/13{2007
08/12/2007
SUMMARY OF PROPOSED CHANGE (S): Identify the channes.
, .".
Material charges to change the bridge crane in High Service Pump Station No.2 from a 2-ton rating to a 3-ton rating. Th8
. E;..xcbange involves only the hoist and trolley. The bridge runway, bridge structure and rails will rt7main in place and be
:::;~e~ by the manufacturer for 3-ton service capacity. This work involves returning the 2-ton crane tathe manufacturer and
: exc~an.gjng it for a 3-ton crane. . .
. ,
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!J~jFicATioN. FOR CHANGE (5): What value or benefit do these chanaes nrovlde to the proJect?
'.. .!;"-'r.' . .. .
: The,'.bi'idge. crani was. designed ;;is a 2-ton unit to lift the heaviest component In the pump station. Major equipment
,~6!nl)ohents include each pump motor or each pump column assembly. During design the single source pump manufacturer
; cqQfjrrned in writing that the heaviest single component to lift would be approximately 3,500 pounds, I.e. - within the capacity
'iY;'q".:2:~on crane: YVhElO the pumps were shipped, it was discovered that the motors weighed approximately 5,200 pounds.
: Sliwe the motors were already shipped to the site, the most practica( solution is to upgrade the crane capacity as explained
'n.b6y~~ This change does not include costs for re-stocking the 2-ton unit or labor for removing he 2-ton unit and installing the
. Revi~i~d 10.24.2006
. .
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Agenda Item No. 16E2
March 13, 2007
, . , Page 27 of 39
3-ton unit. The additional crane capacity provides added value to the project and ensures that all components can be
removed for maintenance. The Engineer has reviewed the costs and confirmed them to be reasonable.
'j:
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'PARTI,ES CONTACTED REGARDING THE CHANGE: rUED Proiect Manaoer. SCRWTP Plant Manaoer. Purchasinq
:;:pnfrclct Specialist. Contractor. Enqineerinq Consultant
";.' '-..,' , '. .', . , '.
'(MPL~.MENTATION STEPS (Verify each before proceeding with change using Y, Nor NJA)
, __ Pr9posed change is consistent with the scope of the existing agreement
. _~ Proposed change ,is in fact an a~dition or deletion to the existing scope
: -.:::. ~fja--nge is being implemented in a manner consistent with the existing agreement
'.'< nie' approprjateparties have been consulted regarding the change
, ,7:Proriiosed prices: fees and costs set forth in the change are reasonable
'1':'-....... ". ....
,.......... .
~~.RbJECT MANAGE.
. -r!: 1:i: -~. ~. .. .
ION: This form is to be signed and dated.
; APPROVE B ,
Date:
\!?.4/O7
d-/11 D1
Date:
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Fleet Facrlltv PROJECT #: 52009
BID/RFP #: 02-3422 MOD #: 17 PO#:4500048657 WORK ORDER #:n/a
Agenda Item No. 16E2
March 13, 2007
Page 28 of 39
to
OEPARTMENT:Facilities
CONTRACTOR/FIRM NAME: Dlsnev & Associates
Original Contract Amount:
$ 500,000.00
(Starting Point)
$883,109.73
(Last Total Amount Approved by the BCC)
$875,584.88
(Including All Changes Prior To This Modification)
$ 7,524.85
$883,109.73
(Including This Change Order)
Cumulative Doffar Value of Changes to this ContractlWork Order: $383,109.73
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
Revised ContractIWork Order Amount:
Date of Last BCC Approval November 14,2006
Agenda Item # 10 J
Percentage of the change over/under current contract amount -0%
Formula: (Revised Amount / Last BCC approved amount)-1
r-- qesults and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required;
;qual to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that
exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing
Department to the BCC 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 BCC amount, then BCC 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:5/5/05 CURRENT: 11/8/07
SUMMARY OF PROPOSED CHANGE (S): Identity the changes. This is to correct a mistake made on change 13
& 16. A deduct of7.524.85 was taken twice.
JUSTIFICATION FOR CHANGE (S): What value or benef'rt do these changes provide to the project?This will adiust the
Purchase Order back to the correct amount.
PARTIES CONTACTED REGARDING THE CHANGE: SkiD Camo. Linda Best CH2MHILL: Mike Mackenzie.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N/A)
_-'<- Proposed change is consistent with the scope of the existing agreement
_X_ Proposed change ;s in fact an addition or deletion to the existing scope
_X_ Change is being implemented in a manner consistent with the existing agreement
_X_ The appropriate parties have been consulted regarding the change
_X_ Proposed prices, fees and costs set forth in the change are reasonable
.-e-PPROVE BY:
. . hIs form is to be signed and dated.
/ Date: ::l/!J.f /07
Date: 02(("1 (07
Revised 10.24.2006
Agenda Item No. 16E2 It
March 13, 2007
Page 29 of 39
CONTRACTJWORK ORDER MODIFlCATlON
CHECKLIST FORM
PROJECT NAME:
RATTLESNAKE HAMMOCK ROAD
PROJECT #:
60189
BIDlRFP tI:
05-3878
MOD It: 7lsenn) 1'<>>:4500054219
WORK ORDER #:
DEPARTMENT: TECM
CONTRACTORIFIRII NAME: JOHN CARLO. INC.
Original Contract Amount:
$ 23.298.102.25
(S1arting Point)
$ 23.298.102.25
(Last Total Amount Approved by the BCC)
$ 23.298.102.25
(Induding All Changes Prior To ThIs Modification)
$ 0.00
Current Bec Approved Amount:
Currant Contract Amou~
Change Amount:
Revised ContractlWork Order Amount:
$ 23.298.102.25
(Including This Change Order)
./
Cumulative Donar Value of Changes to this ContractlWork Order: $ 0.00
Date of Last BCC Approval 9/1312006
Agenda Item # 1 OL
Percentegeof the change overJunder cu.....nt contract amount 0.00
Formula: {Revised Amount 1 last acc approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current acc amount, then BCC approval is required;
equal to or less than 10% reported to BCC by the purchasing department CCNA Work Orders: For all work orders that
exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing
Department to the ace administratively. Changers to these work orders that exceed those thresholds require prior acc
approval. NONoCCNA Work Orders: If the change exceeds 10% of the current BCC amount, then acc 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: 1/11/08
CURRENT: 1/11108
~B 8 \ 11J17
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) r~ ~
y. Proposed change Is co!)sistent with the scope of the existing agreement Trans~....-=
Revised 10.24.2006 ....._'ngD.;1 ~1.1t
Agenda Item No. 16E2 I ( 01
March 13, 2007 -,
Page 30 of 39
Y Proposed change Is In fact an addition or deletion to the existing scope
:x: Change Is being implemented In a manner consistent with the existing agreement
Y The appropriate parties have been consulted regarding the change
y. Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated.
APPROVE BY: ~~. (::17'
1
Revised 10.24.2006
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
March 13,2007
Page 31 of 39
PROJECT NAME: CR 951/VBR 16" Force Main, CEI Services
PROJECT #: 73085
BID/RFP #: 01-3291 MOD #: 1.
POi: 4500043534
WORK ORDER #: CHM-FT -05-02
DEPARTMENT:PUED
CONTRACTOR/FIRM NAME: CH2M Hill
Original Contract Amount:
$ 80.600.00
(Starting Point)
$ 80.600.00
(Last Total Amount Approved by the BCC)
Current BCC Approved Amount:
Current Contract Amount:
$ 80.600.00
(Including All Changes Prior To This Modification)
$ 7,140.00
$ 87.740.00
(Including This Change Order)
Change Amount:
R~vis~dCol1tract/Work Order Amount:
.~; ,< ; # . . '
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 7,140.00
, : '.
Date of Last BeC Approval N/A Agenda Item # N/A
. ...~:- ,/" ( _', " i', . I ( . .
per6entage of the change over/under current contract amount 8.90%
, Formula: (Revised Amount / Last BCC approved amount)-1
. .
, . '
Results and Actions: Contracts: If the change exceeds 10% of the current BCe amount, then BeC approval is requirec...
equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that
exceed $200,0,00 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 BeC amount, then BCC 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.
". r., .1
CURRENT COMPLETION DATE (S): ORIGINAL: February 9. 2006
CURRENT: June 30. 2006
StTh-IMARYOF'PROPOSED CHANGE (8): Identify the changes. Additional inspection services and
: related support services.
. .J.lJSTJFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Provide
for continual inspection of the contractor's work until completion.
:.; ~ ..~: '.
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, PARTIES CONTACTED REGARDING THE CHANGE: CEI Professional. PUED Principle Project Manaaer and Director.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A)
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
Date:
Date:
R~vi's~~11O.24.~006
i
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
10/24/06
Agenda Item No. 16E2 ~
March 13, 2007
Page 32 of 39
PROJECT NAME: Palm River Estates Unit #8lmDrovements PROJECT ##:: 510361
BIDIRFP ':02-3371 MOD #:J
PO#:4500049767
WORK ORDER #:PSS-FT -05-03
DEPARTMENT: Stormwater ManaGement CONTRACTORIFIRM NAME: PBS&J
Original Contract Amount: $ 76.417.50
(Starting Point)
Current Bec Approved Amount:
$ N.A.
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 76.417.50
(Including All Changes Prior To This Modification)
$ 22.165.00
$ 98.582.50
(Including This Change Order)
Change Amount:
Revised ContractlWork Order Amount:
Cumulative Dollar Value of Changes to this ContractlWork Order: $ 22.165.00
Date of Last BeC Approval NlA
Agenda Item ##: NlA
Percentage of the change g,mIunder current contract amount 29.00
Formula: (Revised Amount I Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCe approval is
required; equal to or less than 10% reported to BCC by the purchasing department. eCNA Work Orders: For
all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these changes are
reported by the Purchasing Department to the Bee administratively. Changers to these work orders that exceed
those thresholds require prior BCC approval. NON-eCNA Work Orders: If the change exceeds 10% of the
current BCC amount, then BeC 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: March 13.2006 CURRENT: JulV 18. 2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To add to the current Work Order
allowina for existina utilities to be located as to their deoth. size. and tvoe within the r/w and side &
rear lot easements within Palm River Estates Unit #8. Bv locating the utilities orior to bid will eliminate
any unknowns/change orders after the bid for construction has been awarded.
See attached November 22. 2006 Prooosal Letter with December 22. 2006 Revision.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Locatina existina utilities so their existina conditions can be shown on the olans which will be bid.
Should the locations be in conflict. the desian may have to be redesianed orior to bid.
PARTIES CONTACTED REGARDING THE CHANGE: Desian Professional- Georae Wise. P.E. PBS&J:
Jerry Kurtz. Collier County Princioal Proiect Manaaer: and Rhonda Cum minas, Purchasina
Deoartment
~~..i.:'ri;fi;.;iJ;~.:: .k~-
Agenda Item No. 16E2
March 13. 2007
Page 33 of 39
2....0
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N1A)
..::(Proposed change is consistent with the scope of the existing agreement
3 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
:r. The appropriate parties have been consulted regarding the change
~Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
REVIEWED BY:
';""'~'"
;.~:s;ikt.. .~...,,,
='"'-"':
.... .,,:!j;,
CONTRACTJWORK .ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
March 13, 2007
Page 34 of 39
3
PROJECT NAME: PeIiCII" BIY Fire and Irrigation Impl'QVements PROJECT #; 74023
6L/-35,JS
BIDIRFP #: G1-32!O MOD #: .L--. PO#: 45...61472 WORK ORDER #: UC-113
DePARTMENT: PUED . CONTRACTOR/FIRM NAME: MITCHELL & STARK COtlST. CO Inc.
Original Contnlet Amount:
$ 694,300.00
(StDl'ting Point)
Current Bee Approved Amount:
$ 694,300.00
(La..t Total Amount Approved by the BCC)
Current Contract Amount:
$ 745,003.00
(rncludin, All ClwtiCS Prior To This Modification)
Change Amount:
$ 8,600,00
$ 753,603.00
(lncIuditg Thi& ChAnge Otdllf)
Reviled ContradlWork Order Amount:
Cumulative Dollar Value of Changes to this ContraetIWork Order: $ 59,303.00
Date of Last Bee Approval
0612812005
Agenda Item #
16(C)16
Percentage of the change over/under current contract amount 8.54 %
Formula: (Revised Amount I Lalit BCO approved lImOunt)-1
, Results And Ac:lIQns: Contracts~ Jf the ~h.nge exoeeda 10" of the cllrreni Bce .mount, then Bee approvar Is requln!ld; flquar to ~r less than. 10%
report&d to BCD by the purchasing departmenl CCNA WDrt Orders: For s~ worle orders thet elCce-.cl $90.000 where the change d:lfi not exceed 10%
or $10.000, thes. changes are reportad by the Pun;;hl!lsing Department to the BOO adminilllnltively. Chlngera 10 thaBa work Ord(!I'$ lh.t ~ed those
thresholds require prior BCC approval. NON-CCNA Work 0rdIIr8: If the change exceed. 10% of the current Bee .mount, then ElCe appn;;val Is
I'$quirad. If In doubt, contact your contract speciallet. ror more spec/lie In/'onnathm "'IiIarall1; work order thresholtfe. plaaH l'8far to tha Procurement
Adminisll'tltlon Prooedllres, Selllion IV.3.d.
CURRENT COMPLETION DATE (S):ORIGrNAL: 12/04/2006
CURRENT: 02/23/2006
SUMMARY OF P.ROPOSED CHANGE (9): Identify the changes. Increase time to complete ~ork
and add funds to install fire hydrants as required by the NNFCD
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
This change will extend the time and add the funds needed to finalize the I2!:Qject
PARTIES CONTACTED REGARDING THe CHANGE: Wilson Miller Inc, Waterdept, Purc.~'Jcing de~
Mitchell & Stark Const CO" lnc
IMPLEIII'IENTATION STEPS (Verffy each before proceeding with change using Y, N or N/A)
...::L- PrapoAed change ie consistent with fhll! .Scopll of the eld,lIng Ilgl'gem&rlt .
~ j:>roposed change I. In faot an addition or dell.llon to the Ill(/$t!ng soope
....y...- Change Is being implem8ntad In II menner consistent with the exls:tlng agreement
...::L- The appropriate parties have been consulted regarding the Cf'lange
-!- PropQsed changl!l Is consfstentWlth the scape afthe mclstlng agreement
...:L- ~ropoGed prices. fees and costs cat forth In tne change arl!l reuonabl!l
PROJECT MANAG~ ~
APPROVED BY: V\~ ~ \-:
Project M nager
REVIEWED BY:
ON: This form is to be signed and date~. \
Oate: 0' -1 '?- ~ J 0."
Date:
Id~/O 7__
Revised 3/29/06
~j~"G..>(~~ .,;~.t:~j;~~:....;.....:.,~~~~~;-...
".;+'"
";1
?!it.
~1--itd
Agenda Item No. 16E2 / l
March 13, 2007 T
Page 35 of 39
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: 195 Wiaain. Pass MonitorlnaJPennittina & Survey PROJECT #:
900012
BIDIRFP.: 06-3902 MOD #: LPOI: 4500065993
WORK ORDER .: HM-FT ~6.o5
I
DEPARTMENT: Tourism
CONTRACTORIFIRM NAME: Humiston & Moore Enalneers
. Orfglnal Contnlct Amount:
Current BCC Approved Amount:
$ 30.770.00
(Starting Point)
$ N/A
(Last Total Amount Approved by the BCG)
Current Contract Amount:
$ 61.441.25
(Including All Changes Prior To This Modification)
$ 8.100.00
$ 69,541.25
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 69,541.25
Change Amount:
Revised ContractlWork Order Amount:
Date of Last BCC Approval N/A Agenda Item # NfA
Percentage of the change overtundercurrentcontract amount ~.J% '3,1'i %. .cQJ
Formula: (Revised Amount f 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 BCC by the purchasing department. CCNA Work Orders: For all work orders that
exceed $200,000 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 Bce
approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then Bee 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: 1/27107
CURRENT:
Revised to V27/07 This CO
SUMMARY OF PROPOSED CHANGE (S): Identify the chanaes. Increase Task $: Additional coordination and on-site
meetlnQs required for sand sample collection and additional processina of data not previouslv included in scope
($4,180.00). Task 5: Preoare and submit to State Lands. information required to obtain Use Agreement between
Collier County and State Lands to allow County to work on State lands. Obtaining the use aareements was not
previously included in our scope of services. ($3.920.00). Request for an additional bud"et of $8.100.00
JUSTIACAllON FOR CHANGE (9): What value or benefit do these changes provide to the project?Necessarv
additional work In order to complete pro/eet.
PARTIES CONTACTED REGARDING THE CHANGE: Lvn Wood. Garv McAlpin
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NfA)
_ Y _ Proposed change is consistent with ttle scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope .
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form 18 to be signed and dated.
APPROVE BY: Date:
REVIEWED BY'
t Manager
A...... Date:
,Q,'"*~~~\\\ST .
II Z-7'/o 7
.
Revised 10.24.2006
,..
~~
,-._~J.$'
...
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2 :;-
March 13, 2007 --
Page 36 of 39
PROJECT NAME:
Hld..wav Beach Monltorlna PROJECT #: 905402
BIOfRFP #:
06-3902 MOD #: LPO#: 4500063139 WORK ORDER #: HM.FT.3902-Qa-G1
DEPARTMENT: Tourism
CONTRACTOR/FIRM NAME: Humiston & Moore Enalneers
Original Contract Amount:
$ 81.775.00
(Starting Point)
$ N/A
(Last Total Amount Approved by the BCC)
$ 114.619.30
(Including All Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
$ 3.980
Revised ContractIWork Order Amount: $ 118.599.30
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractfWork Order: $ ~ 1;~. J 8 ~ t.f . .3 ~
Percentage of the change over/under current contract amount~% '3. "1 0/0
Formula: (Revised Amount I Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCe approval is required;
equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that
exceed $200,000 where the change does not exceed 10% or $10,000. 1hese changes are reported by the Purchasing
Department to the BCC 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:
9/13/06
CURRENT:
6/10/07
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Additional Task 6: Prepare for and attend meetina
as requested bv Collier County Staff. Three meetings are anticipated. The budaet for these services is
$3,980.00.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the proJect?Attendance at
reauest by Collier County Staff to various meetinQ for Droiecf.
PARTIES CONTACTED REGARDING THE CHANGE: Lvn Wood. Gary McAIDin
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change Is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
Revised 10.24.2006
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2
March 13, 2007
Page 37 of 39
(,
PROJECT NAME: Maintenance Dredaing of Clam Pass
PROJECT #: 900281
BID/RFP fl.: 01.3271 MOD #: LPO#: 4500058270 WORK ORDER #: HM-FT -3271-06-03
DEPARTMENT: Tourism
CONTRACTOR/FIRM NAME: Humiston & Moore Engineers
Original Contract Amount:
$ 59.820.00
(Starting Point)
Current BCe Approved Amount:
$ 59,820.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 75.325.00
(Including All Changes Prior To This Modification)
$_ 12.807.00
$ 88.132.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $28 312.00
Change Amount:
Revised ContractIWork Order Amount:
Date of Last BCC Approval 1-24-06 Agenda Item # 16F2
{7 c.
Percentage of the change over/under current contract amount ~Io to
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 BCC by the purchasing department. CCNA Work Orders: For all work orders that
exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing
Department to the BCC 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 BCC amount, then BCC approval is
required. If in doubt, contact your contract specialist. For more specific information regarding work oreler thresholds,
please refer to the Procurement Administration Procedures, Section IV.3.d.
CURRENT COMPLETION DATE (S):ORIGINAL: February 2.2006 CURRENT: May 1.2007
SUMMARY OF PROPOSED CHANGE (5): Identifv the chanaes. Add Task 9: Additional Dermittina activities due to County
CCSL and VOS permit reauirements and meetinas plus assistance with Clam Bay water Quality and Seaorass issues.
Turbidity monitorino not included as Dart of scope. (7434.00): Add Task 10: BioloQistlwetland scientist approved by DEP to be
available to oversee bi%cical issues as may arise durinQ the dredaina as required by the DEP Specific Permit Condition 1.a.
These services will be provided bv Turrell & Associate4s on a as-needed basis. ($5.373.0Q)=(includes %% markup in
accordance with paraoraoh 5.5 and coordination): Total increase of $12,807.00
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This is an
additional task not Included In the original scope of services which has been reauested bv County staff or reaulatory
agencies.
PARTIES CONTACTED REGARDING THE CHANGE: Lvn Wood. Gary McAloin
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_Y_ Proposed change is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
P~OJECT NAME:
::...:., .
BiO/RFP #: c,,- 35" 35"MOD #:
:.~,:.I.~..' ~'~~" - .
O~~RTMEth; r':>vttfO
CONTRACTIWORK ORDER IliiOOIFlCATlON
. , , CHECKLIST FORM
(.~;.... ,..&" ~ .:r........."'IA<........-<f;s
'e./~ ,iI,~1.. J:d.",~;/J "=Hc<'!. ""al... PROJECT#:
v
E2
March 13, 007
Page 38 f 39
7
:,).
2
72>t? 8
j':.
PO#:q~()DO{~ 1>-0 WORKORDER#: :;i ()& -2.350"""', ,
CONTRACTOR/FIRM NAME: >9-k.>UMS. {-(U?f, Jr. .TlVe. .: .
:.': 'f
6~igi~al Contract Amount:
..' .
$ 2I"f~/~CJ
(Starting Point)
$ 2. Z~ .rsq.
(Last Total Amount Approved by the BCCr:
$ 2:?S .583.00
(Including Air Changes Prior To This Modifieation)
$ ~'6'l.q.O
$ 2.'3""{. 1,.-2.. M>
(Including This Change Order)
C!J!rentBCC;: Approved Amount:
Current Contract Amount:
, ,
"'.
',-,t. .
"r- ',' _,'
C,hange Amount:
Revis8d ContractIWort< Order Amount:
Cumulative Dollar Value of Changes to this ContractIWort< Order: $
f, /6". q{)
,
D.~t~ of Last BCC Approval ,10"1/flil07 Agend.ltem # 16 C
. l'erc'~~tage ,?Hhe change over/under current contract amount~%
FonTlulll:: .(ReviSed Ameunt I Last BCC appreved ameunt)-1
, . .
"Re!;>ults and Actiens: Contracts: If the change exceeds 10% of the current BCC amount. th~n BCC appreval is required;
.: equal to' er less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all worX orders that
exceed $200,000 where the change does net exceed 10% or $10,000, these changes are reported by the Purchasing
; Department to the BCC administratively, Changers to. these worX orders that exceed those thresholds require prior BCC
approv,al. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is
relil~ired;lf in doubt, contact your contract specialist. For mere specifIC infermation regardi~g worX order thresholds,
i ple~se refer to. the Precurement Administration Procedures, Section IV.3.d.
CI,iIRREi'IT Q9MPLETION DATE (S):ORIGINAL: ,f,'p /0 7
SUMM~Y OF PROPOSED CHANGE (S): Identify the change..
. . "'0
~KJ.
CURRENT:
JI)STIFICATION FOR CHANGE (S): What value or benefit do these changes provide ,to the project? /On.>. v"ud., kj
: ~ 11.A","",'~~J> .6,.... J.t.~ p../~ J.M--' jJ."n:xAf'l ~!..f~~ ~ <;/'~ dxa.L4.
PARTIES CONTACTED
I
,.:c"..,~ ) ,P"'e!~P .s.,,~ .
IMPI,.EMENTATlON STEPS erlfy each before pr ceeding with change using Y.
.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
..:z. Change Is being implemented in a manner consistent with the existing agreement
..;;!The appropriate parties have been consulted regarding the change
,Z:Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated.
.APPROVEBY:~~~~ Date: ';/~/O.>'
0. ect Manag "' -) 7
REVIEWED BY.' ~ W) Date: =-"1 ~ 0
Contract Specialist
Revised 10.24.2006
~~iiii.
~;;,:\;.~. -
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E2 <j
March 13, 2007
Page 39 of 39
PROJECT NAME:
NCWRF Bleach System Reliability UpQrades
PROJECT #: _73966
BIDIRFP #:
MOD #:
DEPARTMENT:_PUED
Original Contract Amount:
$_693,154
(Starting Point)
Current BCC Approved Amount:
$_693,154
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$_693,154
(Including All Changes Prior To This Modification)
Change Amount:
$
57,532.65
$_750,686.65
(Including This Change Order)
CumulatIve Dollar Value of Changes to this ContractJWork Order: $_57,532.65
Revised Contract/Work Order Amount:
-Date of Last BCC Approval_12/13/05
Agenda Item # _1 6 C (7)
r
Percentage of the change over/under current contract amount_8.29
Formula: (Revised Amount / Last BCC approved amount)-1
%
i
, Results and Actions: Contracts: If the change exceeds 10% of th~ current BCC amount, then BCC approval is required;
equal to or less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that
exceed $200,000 where the change does not exceed 10% or $10,000, these changes are reported by the Purchasing
Department to the BCC 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 BCC amount, then BCC 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:
11/4/06
CURRENT:
4/4/07
SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Additional work for expansion of the
; containment area in order to accommodate the sodium hypochlorite bleach pumps
- JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Provides for better
; safety in the event that there is a failure to the pumps, the sodium hvpochlorite will be contained in the containment area.
I '
: PARTIES CONTACTED REGARDING THE CHANGE: Desiqner and Lvn Wood
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
_ Proposed change is consistent with the scope of the existing agreement
_ Proposed change is in fact an addition or deletion to the existing scope
_ Change is being implemented in a manner consistent with the existing agreement
_ The appropriate parties have been consulted regarding the change
_ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT
: Revised 10.24.2006
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Agenda Item No. 16F1
March 13, 2007
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve the submittal of a Volunteer Fire Assistance
grant application to the Florida Division of Forestry for the purchase of wild
land firefighting equipment and approve the necessary budget
amendments to recognize and appropriate revenue.
OBJECTIVE: To obtain Board of County Commissioners approval of an application
for a Volunteer Fire Assistance matching (SO/50) grant for the purchase of wild land
frrefighting equipment and approval of the necessary budget amendments.
CONSIDERATIONS: Isles of Capri Fire Rescue District has received this type of grant
from the Division of Forestry in past years, including $1,998 awarded in June 2006 and
$2,779 awarded in September 2006. The grant has been used to purchase equipment to
improve firefighter safety and firefighting capabilities.
FISCAL IMPACT: The total cost of the equipment requested this year is $3,340.98.
As this is a SO/50 matching grant, the Division of Forestry will pay $1,670.49 leaving the
Isles of Capli Fire Rescue District to provide $1,670.49 from the contingencies line of
Fund 144 (Isles of Capri Fire Rescue). Following award, budget amendments will be
needed in order to transfer funds to Fund 118, Emergency Management and Fire Grants.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners authorize the
Chairman to sign the Florida Division of Forestry Volunteer Fire Assistance Grant
application and approve the budget amendments needed upon award of the grant.
Prepared Bv: Emilio Rodri2uez. Fire Chief
,-,
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F1
March 13,2007
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1
Recommendation to approve the submittal of a Volunteer FIre Assistance grant application to
the FlOrida DivIsion of Forestry for the purchase of wild land firefighting equipment and
approve the necessary budget amendments to recognize ana appropnate revenue.
3/13/200790000 AM
Date
Prepared By
Rod Rodriguez
Board of County
Commissioners
Fire Chief
Isles of Capri Fire Rescue
2/16/2007 3:00:53 PM
Marlene J. Foard
Date
Approved By
Administrative Services
Grants Coordinator
Administrative Services Admin.
2/20/20079:22 AM
App roved By
Thomas Palmer
County Attomey
Assistant County Attorney
Date
County Attorney Office
2/20/200710:36 AM
Date
Approved By
Rod Rodriguez
Board of County
Commissioners
Fire Chief
Isles of Capri Fire Rescue
2/21/2007 1 :43 PM
Date
Approved By
Dan E. Summers
County Manager's Office
Bureau of Emergency Service$. Director
Bureau of Emergency Services
2/27120077:17 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
2/2812007 1 :00 PM
Date
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Office of Management & Budget
3/1/2007 12:47 PM
Date
Approved By
Leo E. Ochs, Jr.
Board of County
Comrnissioners
Deputy County Manager
County M anager's Office
3/1/20074:46 PM
........--
r
Agenda Item No. 16F1
March 13, 2007
Page 3 of 7
--
Florida Department of Agriculture and Consumer Services
Division of Forestry
VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION
.
CHARU!II II. BAONlIOH
COMMIlISION~R
LEGAl NAME
Collier Coun
FORM OF ORGANIZATION: (Municipal, Fire District, Non-Profit, County)
ADDRESS
CITY
175 Ca ri Blvd.
Na les
Isles of Capri Fire Rescue District
IF COUNTY, L1STVFD'S BENEFITING FROM GRANT:
STATE
FL
ZIP
34113
COUNTY #
COUNTY
EMPLOYER IDENTIFICATION NUMBER (EIN)
IS FIRE DEPARTMENT LOCATED IN AN INCORPORATED TO~?
YES 0 NO m IF YES, NAME OF TO~: I
POPULATION OF TOWN: I
PROTECTED AREA: EST. POPULA nON:13, 2 00 SIZE: (SQ. MILES)119
WHAT IS THE FIRE DEPARTMENT ISO RATING? I 4
IS FIRE DEPARTMENT NIMS COMPliANT? YES Rl NO 0
CURRENT COOPERATIVE AGREEMENT WITH DOF? YES ~ NO 0
DISTANCE OF CLOSEST MUTUAL AID FIRE DEPARTMENT:I 3
NAME OF FIRE DEPARTMENT: I Ma lId
rco s an
NUMBER OF FIREFIGHTERS: PAID: ru VOLUNTEERS: r;--
NO. OF INCIDENTS PAST YEAR: WILDLAND FIRE:1l2 OTHER: Il'028
NO. OF FIREFIGHTERS CERTIFIED AS:
WILDLAND FIREFIGHTER I rI3" WILDLAND FIREFIGHTER 1/ ~
HAS APPLICANT RECEIVED GRANT FUNDS FROM ANY SOURCE IN
THE PAST 12 MONTHS? YES IlrI NO 0
IF YES, WHERE? I Di v. of Forestry
AMOUNT: $ 14777
LIST TOTAL FUNDS RECEIVED FROM OTHER TAXING AUTHORITIES
SUCH AS CITY, COUNTY, TAXING DISTRICTS (Past 12 Months)
AMOUNT: $ I 0
LIST OF FIREFIGHTING VEHICLES:
TYPE MAKEIYR.MODEL PUMP CAPACITY (GPM) WATER CAPACITY (GAl.)
Engine E-0ne 2005 Tvohoon 1500 7AO
Eng~ne E--Gne 2005 Typhoon 1500 780
Brush Mack 1955 5 Tnn ~t;n 71:;f\
Brush Humvee 1997 250 310
ESTIMATED GRANT FUNDING REQUEST: LIST OF EQUIPMENT OR SUPPLIES TO PURCHASE WITH GRANT FUNDS:
FEDERAL $ 1670.49 NUMBER DESCRIPTION AMOUNT
APPLICANT $ 1670.49 150 Gallons Class A Foam a~n nn
COUNTY $ 2 2-way radio & GPS Rino 520 799.98
TOTAL $ 3340.98 4 ("roll",nc::ihlQ"c:!1"ni""'>!rQ , II
(Federal nol more Ihan 50% of tolal. Applicant alleasl 50% of (Indian pack) 564.00
lolal in malching funds.) ", Shipping charge 27.00
'We understand thai this is a 50 percent maximum cost-share program (Cooperative Forestry Assistance Act of 1978, PL 95-313), and that funds on
deposit up 10 50 percent of the actual purchase price of the items approved will be committed to O~ project. TO THE BEST OF MY KNOWLEDGE AND
BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT. THE GOVERNING BODY OF THE APPLICANT HAS DULY AUTHORIZED
THIS DOCUMENT.
James Coletta
Title Ch . 11 '
alrman, Co ler
ounty ~rd of County
Telephone Number: ( 239) 394-8770
Type Name of Authorized Representative
Signature of Authorized Representative
FAX: (239) 394-5862
Emai1:
A'l'TB8T
DACS-11484 REV. 3/06 mill!
BY:
..
~ f}(~VJ
~l:ooam1AUonle1
Agenda Item No. 16F1
March 13, 2007
Page 4 of 7
OMB ApproVlI No. 0348-0040
ASSURANCES - NON-CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency.
Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be
notified.
As the dulv authorized re.,presentative of the "P.,plicant I certifv that the l\Pplicant:
I. Has the legal authority to apply for Federal assistance, and the
institutiona~ managerial and fmancial capability (including funds
sufficient to pay the non-Federal share of project costs) to ensure
proper planning, management and completion of the project
described in this application.
2. Will give the awarding agency, the Comptroller General of the
Vnited States, and if appropriate, the State, through any authorized
representative, access to and the right to examine all records, books,
papers. or documents related to the award; and will establish a proper
accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will establish safeguards to prohibit employees from using
their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest, or
personal gain.
4. Will initiate and complete the work within the applicable time
frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970
(42 V.S.C. ~~ 4728-4763) relating to prescribed standards for merit
systems for programs funded under one of the nineteen statutes or
regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a)Title VI
of the Civil Rights Act of 1964 (p.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title
IX of the Education Amendments of 1972, as amended (20 V.S.C. ~~
1681-1683, and 1685-1686). which prohibits discrimination on the
basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 V.S.C. ~ 794), which prohibits discrimination on the
basis of handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 V.S,c. ~~ 6101-6107), which prohibits discrimination
on the basis of age;
(e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-
255), as amended, relating to nondiscrimination on the basis of drug
abuse; (t) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616),
as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; (g) ~~ 523 and 527 of the Public Health Service
Act of 1912 (42 V.S.C. 290-dd-3 and 290 ee-3), as amended. relating
to confidentiality of alcohol and drug abuse patient records; (h) Title
VIII of the Civil Rights Act of 1968 (42 V.S.C. ~ 3601 et seq.), as
amended. relating to nondiscrimination in the sale, rental or financing
of housing; (I) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being
made; and 0) the requirements of any other nondiscrimination
statute(s) which may apply to the application.
7. Will comply, or has already complied. with the requirements of
Titles II and 1II of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 961-646) which
provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or federally assisted
programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in
purchases.
8. Will comply with the provisions of the Health Act (5 U.S.C. ~~
1501-1508 and 73 24-7328) which limit the political activities of
employees whose principal employment activities are funded in
whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U,S.C. ~~ 276a to 276a-7), the Copeland Act (40
U.S,C. ~ 276c and 18 U.S,C. ~~ 874), and the Contract Work Hours
and Safety Standards Act (40 V.S.C. ~~ 327-333), regarding labor
standards for federally assisted construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102 (a) of the Flood Disaster Protection Act
of 1973 (p.L. 93-234) which requires recipients in a special flood
hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable
construction and acquisition oiSl0,000 or more.
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of environmental
quality control measures under the National Environmental Policy
Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b)
notification of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d) evaluation of flood
hazards in floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16
V.S.C. ~~ 1451 et seq.); (t) conformity of Federal actions to State
(Clear Air) Implementation Plans under Section 176(c) of the Clear
Air Act of 1955, as amended (42 V.S.C. ~ 7401 et seq.); (g)
protection of underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended. (P.L. 93-523); and (h)
protection of endangered species under the Endangered Species Act
of 1973, as amended. (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16
U.S,C. ~~ 1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
V, B-5 (02105)
Authorized for Local Reproduction
Standard Fonn 424B (9-03)Prescribed by OMB Circular A-102
13. Will assist the awarding agency in assuring compliance with
Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470), EO 11593 (identification and protection of
historic properties), and the Archeological and Historic Preservation
Act of 1974 (16 V.S.c. 469a-l et seq.).
Agenda Item No. 16F1
March 13, 2007
research, teaching, or other activities supported I?f~s5a~ of
assistance.
16. Will comply with the Lead-Based Paint Poisoning Preventior.
Act (42 V.S.C. ~~ 4801 et seq.) which prohibits the use of lead based
paint in construction or rehabilitation of residence structures.
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and related
activities supported by this award of assistance.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit Act of 1984.
15. Will comply with the Laboratory Animal Welfare Act of 1966
(P.L. 89-544, as amended, 7 U.S.c. 2131 et seq.) pertaining to the
care, handling, and treatment of warm blooded animals held for
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations and policies governing
this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
Chairman f Board of County Corrmissioners
APPLICANT ORGANIZATION DATE
Collier County Board of County Commissioners SUBMITTED
ATTBST
DWl81ft B. BllOI. ....
BY:
~Ut.o!orm .s,l.".,~;,~ ""..'~'.-'_ ,
'~~"".~W
'. ~.
... . . ---. . . .'- ....
V, B-6 (02105)
Authorized for Local Reproduction)
Standard Fonn 424B (9-03
Prescribed by OMB Circular A-102
I-_H
I
Agenda Item No. 16F1
March 13, 2007
Page 6 of 7
Form AD-l 04 7 (I192) (REVERSE)
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this form, the prospective primary participant is providing the certification set out
on the reverse side in accordance with these instructions.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective participant shall submit an explanation of why it
cannot provide the certification set out on this form. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such
person from participation in this transaction.
3. The certification in this clause is a material representation offact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective
primary participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate written notice to the department or agency to
whom this proposal is submitted if at any time the prospective primary participant learns that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules
implementing Executive Order 12549. You may contact the department or agency to which this proposal is
being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this form that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary participant further agrees by submitting this form that it will include this clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transactions," provided by the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency may terminate this transaction for cause or
default
2
. \.
Agenda Item No. 16F1
March 13, 2007
Page 7 of 7
Fam AD-1047 (1/92)
US. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension,
7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the
January 30, 1989, Federal Refister(pages 4722-4733). Copies of the regulations may be obtained by contacting the
Department of Agriculture agency offering the proposed covered transaction.
(Before completing certification, read instructions on reverse.)
(I) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or Local) with commission of any of the offenses enumerated in paragraph (l}(b) of this
certification; and
(d) have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or Local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
ORGANIZATION NAME I PRlAWARD NUMBER OR PROJECT NAME
Collier County Board of County Isles of Capri Fire Rescue District
Corrmissioners
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
James Coletta
Chairman
SIGNATURE I DATE
ATIIII'
DWl81ft' I..... CURIr
1
~\pp1'09ed u to form & legal o;uf.iicl~~Y
-~{}k'R~~
AMiBtant Coturty At-tel n",z
BY:
Agenda Item No. 16F2
March 13, 2007
Page 1 of 8
EXECUTIVE SUMMARY
Approve the submittal of a Volunteer Fire Assistance Matching (SO/50)
Grant offered by the Florida Division of Forestry, and approve the
necessary budget amendments to recognize and appropriate revenue in
the amount of $3350.50.
OBJECTIVE: To obtain Board of County Commissioner's approval of a Volunteer Fire
Assistance Matching (SO/50) Grant for the purpose of purchasing VHF Radios and
authorizing the necessary budget amendments.
CONSIDERATIONS: For the past twenty-nine years, the Ochopee Fire Control District
has applied and been awarded a Volunteer Fire Assistance Grant from the United States
Department of Agriculture, Forest Service through the Florida Division of Forestry. This
year Communications Equipment is a top priority therefore the Ochopee Fire Control
District wishes to purchase VHF Radios. The radios are crucial to our Department and
the Division of Forestry especially during brush fire incidents. They also prove
beneficial in the event of natural disasters such as hurricanes when other types of
communication are inoperable making this type of equipment essential when interacting
with other Departments and agencies with in Collier County.
FISCAL IMPACT: The total cost of the Radio Equipment is $3,350.50 with a cost split
of SO/50 between the Florida Division of Forestry and the Ochopee Fire Control District.
The Fire District's share of$1,675.25 will be funded from the Ochopee Fire Control
District's Reserve for Contingencies, Fund 146. Budget Amendments will be necessary
to recognize and appropriate $1,675.25 in revenue and transfer $1,675.25 from Reserves
for Contingencies into Fund 118 Emergency Management and Fire Grants.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners authorizes the
Chairman to sign the Florida Division of Forestry Volunteer Fire Assistance Grant
application, certifications, assurances and approve the budget amendments.
Prepared by: Paul Wilson, Fire Chief, Ochopee Fire Control District
.---
Agenda Item No, 16F2
March 13, 2007
Page 2 of B
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F2
Meeting Date:
RecommendatiOn to approve the Sllbmittal of a Volunteer Fire AssIstance Matching {SOI50)
Gran' offered by the Florida DI'lIslon of F ore.lry, and approve the necessary budget
amendments to recognize and appropriate revenue in the amount of $3350.50
3/13/2007900:00 AM
Prepared By
Paul Wilson
Fire Chief
Date
County Manager's Office
Ochopee Fire Control District
2/16/20073:37:53 PM
Approved By
Marlene J. Foord
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
2116/2007 3:40 PM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
2127120077:19 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
2/28/2007 1 :01 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/2/20074:55 PM
:{~TB~)
....:#:~.
Agenda Item No. 16F2
March 13, 2007
Page 3 of 8
Florida Department of Agriculture and Consumer Services
Division of Forestry
VOLUNTEER FIRE ASSISTANCE GRANT APPUCA TION
.
cHARU:$ H, BRONSON
COM"'ISSlOHER
LEGAL NAME
QQ11ie~ CO~Q~Y Boa~d of Commissione~s
ADDRESS
3301 T~~ami T~ail East
CITY
Naples_
STATE ZIP
FI.
COUNTY
34112
COUNTY #
EMPLOYER IDENTIFICATION NUMBER (EIN)
0r;-r-~rc;-~~r;T;}---
IS FIRE DEPARTMEN1' LOCATED IN AN INCORPORATFD TOWN?
-,.._--~--
YES ~ NO 0 IFYES.NAMEOFTOWN . Eve~glades City
I POPULATION OF TOWN: : - 500-
PROTECTED AREA: EST. POPULATION' ------ SIZE: (SQ_ MILES)--------
3000 11,1
\ ----- -----.--.--
NUMBER OF FIREFIGHTERS: PAID:! 12 VOLUNTEERS: 10
NO. OF INCIDENTS PAST YEAR: WILDLAND FIRE' !-- 65 OTHER:. 624
NO, OF FIREFIGHTERS CERTIFIED AS:
WILDLAND FIREFIGHTER I !Ti" WILDLAND FIREFIGHTER 11 .
LIST OF FIREFIGHTING VEHICLES.
~s
ESTIMATED GRANT FUNDING REQUEST:
FEDERAL $ 1,675.25
NUMBER
APPLICANT
COUNTY
TOTAL
$
$
$ 3,350.50
(Federal not more than 50""" of lolal, Applicant at least 50% of
total in matching funds.)
FORM OF ORGANIZATION: (Municlpal, Fire District. NorH>rotit. County)
Ochopee Fi~e Cont~ol Dist~ict
IF COUNTY: LIST VFD'S BENEFITING FROM GRANT
WHAT IS THE FIRE DEPARTMENT ISO RATING? i-Wg-
IS FIRE DEPARTMENT NIMS COMPLIANT? YES KJ NO 0
CURRENT COOPERATIVE AGREEMENT WITH OOF? YES eg NO 0
DISTANCE OF CLOSEST MUTUAL AID FIRE DEPARTMENT: j--.to-
NAME OF FIRE DEPARTMENT' --------------------------
___n_____. .! East Naples Fi~e Di.st
----~
HAS APPtlCANl RECENEO GRANT FUNDS FROM ANY SOURCE IN
THE PAST 12 MONT~~~._.:!'.~.E'_~_~O ~_______
IF YES, WHERE? I
AMOUNT $
LIST TOTAL FUNDS RECENED FROM OTlIER TAXING AUTHORITiE.S
SUCH AS CITY. COUNTY, TAXING DISTRICTS (PaSl12 Months)
AMOUNT: S -----------
We understand that this is a 50 percent maKjmum cost-share program (Cooperative Forestry Assistance Ad. of 1978. PL 95-313), and that funds on
deposit up to 50 percent of the actual purchase price of the items approved will be committed to our project TO THE BEST OF MY KNOWLEDGE AND
BELlE~. AlL DATA IN THIS APPLtCA TION ARE TRUE AND CORRECT, THE GOVERNING BODY OF THE APPLICANT HAS OUL Y AUTHORIZED
THIS DOCUMENT.
Type Name of Authorized Representative
Jim Coletta
,iUe
Chai~man
Signature c,/AUioor;ziid RepresentatIve
Date Signed and-Submitted
G'& &__ll484 REV. 3/06
D\VIIBT B. BROOK. CUR
BY:
Telepl100e Number. l 239) 695-4114
FAX (239) 695-3473
EmaU
_._.__._.,~-,------.._,>~--'"'-,. -~.---.....,...__. --- '"
Agenda Item No. 16F2
March 13, 2007
Page 4 of 8
FOJJlI AD-] 04 7 (1/9lJ
u. S. DEPARTMENT OF AGRICUL TURE
Certification Regarding Debannent. Suspension, and GUler
Responsibility Matters - Primary Covered Transactions
Thi~ cerli lication is required by the regulations implementing Executive Order 12549, Dcbarmcnt llnd Suspension,
7 CFR Part 3m 7, Section 3017_51 n, Participant,,' responsibilities, The regulations wen~ published as Part IV of the
January 30, 1989, Federal RCfister(pages 4722-4733). Copies of the regulations may ~ obtained by contacting the
DepllrtlO~..nt of Agricultun: agency olTering the propost:d coven:a tnl.llsaction.
(Before completing certification. read instructions 011 reverse.)
(I) The prospective primary participant certifies to the best of its knowli:dge aUlI belief, that it am] its principals:
(a) arc not presently debarred. suspended, proposed Jor debarment. dcclared ineligible. or volumarily
excluded JTom covered transactiuns by any federal department or agency;
(b) have nO{ within a three-year period preceding this proposal been conviet,->d of or had a dviJ judj,>mcnt
rellden.-d against them for commission uffraud or a criminal ofltmsc in cOllnection with obtaining,
attempting to oblain, or performing a public (Federal. State or Local) transaction or cOlltracl tinder a
public transaction; violation of Federal or Stale antitrust slatutes or commission of embez:dement, theft,
forgery, bribery, falsification or destruction of records, making litlse statements, or receiving stolen
property;
(c) arc not presently indicted for or othcrwise '-'Tirninally or civilly charged by a govemmental entity
(Federal, State or Local) with commission orallY oflhe offclIses enulllcratt--d in paragraph (I )(b) of this
cerliJication; and
(d) have not within a three-year period preceding this application/propusal had one or more public
transactions (Fcderal, Slate ur Local) h:rminat'-'(j for cause or default.
(2) Where the prospective primary punicipant is unable to cenify to any of the statemcnts in this ccrtification,
such prosp'-'Ctivc participant shull uttach an explanation to this proposal.
~-.- __. .__._______00__
OJ((,i1N17.A f10,V NAME
IpWAWAIW NUMBF.ROR PROJECT NAMli
Collie~ County Board of Commissioners
Ochopee Fire Control
District
NAMl:.' _4.ND l1rui 01' AU17l0RlZEfJ J<EJ'Ri:'SEN1ill1V/I
Jim Coletta, Chaicman
I--- ----0.--
SlG,\A1VH/:.-
--. '____n__ ---O\iJAl1:
lftBSl'
IJWI8B! B. .... ......
BY:
~"'-ij~..!
Td~ ~
Assistant C~~i:~ld'l A..1J~:~~~ (J~'.;~r
Agenda Item No. 16F2
March 13, 2007
Page 5 of 8
F um} AD-1017 {I/Y1) (RL'\'I:RSJ:oJ
INSTRUCTJONS FOR CHNTI flCA nON
I, Lly signing and submilling this form, the prospective primary participant is providing the certi Iication set out
on the reverse side in accordance with these instructions,
2. The inability ora person to provide UIt: certification required bdow will nol nCCl.'Ssarily result in d~'nial of
purticipation in this covered trunsaetioll_ The prospective participant shall submit an explanation of why it
cannot provide the certification set 001 on this limll. The ccrlil1catillll ur explanation will be considered ill
conm:ction with thc department or agency's delennillation whether to enter into Ulis transaction, However,
failure oflhe prospective primary participant to furnish a certification or an cxplanation shall disquali1y such
person Ii-mn participation ill this transactiolL.
], The ccrtilicatioll in this clause is a material rcprt:Sentation of lact upon which rdiance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the pro~JX..'Ctive
primary participant knowingly rendered an erroneous certilication, in addition to other remedies available to
lhe ~eJerlll Govl..'Tnment, the d~partmellt or agency may terminate this transaction lOr cause or dclault.
4. ThL~ pmspoctiVl' primary parlicipant shull provide immediate written notice to thc departmenL or agency to
whom Ihis proposal is submitted if at any time the prospective primary participant learns that its certification
was erroneous when submiued or has become erroneous by reason of changed circumstances_
5, The lcrms "covered lransaction," "ddlarred," "suspended," "ineligible," "lower lier covered trans.aclilln,"
"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," a.'i
used in this clause, have the meanings set out in the Delinitions and Coverage !;eCtions orthe rules
implementing Executive Order 12549. You may contact the department or agency to which Ihis proposal is
being submitted for assislance in obtaining a copy o[ those rcguhitions.
6. The prospective primary participant agrees by submilling this (Orm that, should the proposed covcr<.>d
tr-.lnsaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or vuluntarily excluded from participation in this covered
transaction, unlt:ss aUlhori:to:d by tho: department or agency entering inlo thi~ transaction,
7_ Thc prospective primary participant further agrees by submitting Ihis form lhal it will include this clause
titled "CenilicHlion Regarding Debarment, Suspension, Ineligibility and Voluntary Exdusion - Lowt.'T Tier
Covered Transactions," provided by the department or agency entering into this covered transaction, without
modification. in all lower tier covered transactions and in all solicitations for lower lier covered transactions.
II. A participant in a covered trausaclion lIluy rely upon u certilicution ofa prospective participant ill a lower tier
covered Lnmlluetion that it is nol debarred, suspendl..>d, ineligible, or voluntarily ex.eluded from the covcred
transaclioll, unless it knows lhllllhe certification is erroneous_ A participant may decide the method and
fn:quency hy which it determines the digibility of its principals. Each participant may, but is not required 10,
check the Nonprocuro:ment List.
9. Nothing containoo inlhe foregoing shull be eonstru~:d lo require establishml.."(ll ora syslcm ofrccords in order
to render in good faith the certification required by this c1ausc_ The knowledge and intormation ofa
participant is not required to exceed that which is normally posst..'Sscd by II prudent person ill the ordinary
cour~e of blc;iness do;:alings.
10. Except lllr transactions authorized under paragraph 6 oftht..'SC instruclions, if a participant in a covered
transaction knowlngly enters into a lower tier covered transaction with a person who is suspcnd(..-d, debarred,
ineligible, or voluntarily ex.eluded from participation in this transaction, in addition to other remedies
availahle to the Federal Govcrnmcnt, the department or agency may terminatc this transaction for cause or
defil\J 1 t.
2
">"''''..-'-'.;.'>'',.~ ...-.... ---------_. ........... ---.,.......,---
...._"'..-____........'4'______'....____.._.,__________~.4~
Agenda Item No. 16F2
March 13, 2007
Page 6 of 8
OMB Approval No. 0348-0040
ASSliRAM'ES - NON-CONSTRIICTION fROGRAMS
Note: Certain ofthcSil asSllTaJlllCS mllY nOI be applicuble to your projector program. If you have questions, pll:ll:le COlllactthc aWlIlding ugl.'m;y.
Further. certain Foocralllwurding agencies may require applicants to certify to additional assurances. Il'sueh is the case. you will be
noli lied.
As ~uly autltori:r.t:d n:;presentalive oftbe aDl1licant I certify that the armlicant.
I. HilS the legal authority' to apply lor Federal assistance, and the
institutiollul, managerial and linllJlcial "llpubilily (including funds
suflieient to pay the non-Federal shllJ'C of projc<:t costs) to ensure
proper planning, mlUlagement and ctllnpleliulI ul' the projeL.1
tJcscribcd ill this application.
L Will give the awarding allency, the Comptroller General of the
Unitcd Stutes. and if appropriate, the State, thruugh WIY authorized
representative. access to ami the right to eltamine all records, books,
papers, or documents related to the awllfd; and will.:slahlish a proper
accounling sysk:m in accordance with generally accepted accounling
standards or agency direct i YeS.
J. Will cslablish suli:p,uanl.~ to prohibit employccs from using
thcir positions for a purpose lltal constitules or pn:scnts the
appearance of personal or organil".ational con Ilict of illtl:l'esl, or
persollal gam.
4. Will initiate and complete llle work within lhe applicable time
fl1lmc aftL.'!' receipt of approval of the awarding agellCY_
5. Will comply with the Intergovernmental Personnel Acl of 1970
(42 U_S.c. ~~ 4728-4763) rel3ling to prescribed standaTll~ tor meril
systems for programs fundl:d undcr one of the ninelCen staUltes or
regulations sp.x:ilicd in Appcndi" A Ill' OPM's SllUldllTds for a Merit
Syslem ofl\:rsonnel Adminislnition (5 C,F.1t 900. Suopart F).
6. Will comply with all Federal statutes relating to
nondiscrilllilllllion. 111l.'Se include but are ootlimitcd to: {alTitle VI
nf the Civil Rights Act of 1964 (P.L. 88-352) whicll prohibilS
discrimination on the basis of race, color or national origin; (b) Title
IX "fthe Education Amendmcnts uf 1972. liS alllended (20 U.S.c.~!l
168J-I6K3. and 1685-16Ilb), which prohihiLS discrimination on Ule
busis of Sc:x; (e) Sc..:tion 504 of the Rehabilitation A(.1 of 1973, as
amended (29 1I.S.c. ~ 794). whieh pn>hibits dis..TiminUlion on the
basis of handicaps; (d) the Age Uiscrirnination Act of 1975, a~
amended (42 {J.S.C_ ~~ 6101-6107), which prohibits discrimination
011 the basis of age;
(e) the Drug Abuse Oflic.:e ana Tn:aum:nt AClof 1972 (P.L. 92-
255), as amenck:d, relating to nondiscrirninulioll 011 the hasis of drug
abuse; (J) the Comprehensive Alcohol Abuse lUJd Alcoholism
Prevention, Trcatment and Rehabilitation ACI of 1970 (I>.L. 91-616).
a.~ amended, relating to nondiscrimination on thl: basis of alcohol
abuse or alcoholism: (1\) ~~ 523 Wld 527 ..flhe Puhlic I leallh S".."i....,
Act of 1912 (42 li.S.C. 290-<ld-3 and 2l)() ce-3), as amended. reluting
lo confidellliaJily of alcohullUld drug abuse patient rL."\.'onls; (h) Tille
VIII of Ihe Civil Righls Act of 1968 (42 U.S,c. Ii 3601 et selj.), us
amended. relating to nundiscrimination in thc sale, rentnl or fimUlcinl!
of housing; (I) WIY othcr nmuliscrimination provisions in the specific
statuh:(s) under which application for federal assistance is ht:ing
made; and (j) the requirements of WIY other nondiscrimination
statutc(s) which mllY apply to Ihe application,
7. Will comply, or has aln:ady complit.-d. wilh the requirements of
Titles II and 1IJ of the Unifnrm Relocalion Assistance and Real
Propcrt)' Acquisition Policies Act of 1970 (1'_1.. 961-646) which
provide lilr fair and ctjuitahle treatuu:nt of perSCIJI~ displact:d or
whose propert)' is acquired liS II rcsu It of Fc:deral or lederally alhSislcd
pwgrwns. '111<."SC n:quircmellls appl)' 10 all interests in real pr-opc:rly
acquired for prqject purposes regardless uf Federal pwticiputiulI in
purchasc5_
8, Will comply with the provisions of the Health Act (.5 U.S.l'. ~~
1501-1508 anu 7324-7328) which limit lhe political activilies of
employc..'eS whose principal t:lllpl\Jyml::nl acli~'itie:; are Jundcd in
whole or in part ""ith Fl.:deral fUllus.
9. Will comply, as applicable, willI the provisions ur the Davis-
Haclln Act (40 lJ.S.C. ~~ 276a III 276a- 7), the Copeland Act (40
LJ.S.C. ~ 276c and III U.S.c. ~~ 874), mId Ihe ('ontract Work HOOI'S
and Sali:t)' SliIndanls Act (40 U.S_l'. ~~ 327-333), regarding labor
~1andards for fedcrally assisted construetioll subagreements,
10. Will comply, if applicahle, with flood insurance purehase
re(luircmcols of SccLion 102 (1I) of the Flood Disllster I'mtcclion ACI
01' 1973 (1'.1.. 93-234) which reljuircs ll..-cipients in a special flood
hazard lU'ellto participate in the
progrdlll /lnu 10 purchase flood insurancc if the total cost of insurdhle
construc.;tion IInd lICljuisition of $10,000 or 1II0re.
I I. Will comply with envirolUllI.:ntal stal'llfurds which ma)' be
prcscrihed pursuant to the following: (II) institution of environmental
quality culllrol measuTCs under l.he National Environmental I'uliey
Act of 1969 (P,L, 91-190) l1lul Cxl:l.lItivl.: Order (EO) 11514; (b)
notificlllion ul' violaling lilcilities pur.;W1nt to EO 11738; (c)
protectiun of wetlands PU/llUwlt lo EO 1 J 'J'X1; Cd) evaluation of n<K>d.
hazards in floodplains in accordance with EO 1191111; (c) assllr.mce or
project consistency with the approved Statc mlllla~Clllent program
dcvelop<.>d under the ('oaslal Zone Managemeut Act of 1972 (16
lJ_S,c' 1i1S 1451 et scq.): (I) coulorrnil) of Fc<kral actjOIl~ \() Slate
(Clear Air) Implementation 1'lans under Section 17t>(c) of the Clt:ar
Air Act of 1955, as llIT1CII<Jed (42 U.S.C. * 7401 et seq.); (g)
protection of Ilnd.....ground >>our~ of tJrinking Wilier under thc Sate
Drinking Water Act of 1974, as amcndt..-d. (P.1.. 93-523); and (h)
protection or endangered species under the Endangered Spt:Cies Act
of 1973, as amended. (1',1.. 9J-2(5).
12. Will comply with the Wild mId S~lIic Rivers Act of 1968 (16
LJ.S.c. ~* 1271 et scq,) n:1aled to protecting componenL~ or potential
comp(lnenL~ orlhc national wild and scenic rivers system.
V. SOS (02105)
Authorized for Local ReprOduction
Slandard Fornl424B (Y.UJ )presc.:rilx.-d nv OMII Circular A-I 02
13. Will as.~isl the aWaI"ding agency in assuring L'Olllpliancc \.rith
Section 106 of the National lIistoric Preservation Act of 1966, as
amended (16 U.S.c. 470). EO 11593 (identitication wId protection of
historic properties). and Ihe Archeological and Historic Preservation
Act of 1974 (16 U.S.c. 469a-] et scq.).
14, Will comply wiLh P.L. 93-348 regarding the protection of
human subj<<x)t5 involved in research, devclopmenl. wid related
activities supportt:d by this award of assistance,
IS. wm comply with the Labonltory Animal Welfare Act of 1966
(I'.L. 89-544, a~ amended, 7 U.S,c, 2131 et Sl.'q.) pertaining 10 the
care. handlin\!., lInd lrelltmcnl of warm blooded animals held lor
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
APPLICANT ORGANIZATION
Ochopee Fice Contcol Distcict
ATTIST
m8B! B.... ....
BY:
research. Icltch inll"
assistance: .
Agenda Item No. 16F2
March 13. 2007
lIr lI!her activities suppc.)n~~i1 ~:gd of
16. Will comply with the l..cad-Iiased Paint Poiwning r.-evelllio
Act (42 U.S.C. ~~ 41101 et S(:q.) which prohibits the use oClead based
paint in construction or rehabilitation of residencc structures.
17. Will cause to be pertbnlled the required finllncial and
oomplilll1cc audits in accordance with !he: Single Audit Act \If 1984.
]8. Will comply willi all applicahle rcquiremenlS of all other
Fcderal laws., cxcclIlive orders. regulations aud policies govcming
this progrdJJl.
TITLE
Colliec County Board of Commissionecs
Chairman
DATE
SUBMllTED
2-15-07
~..\ororm&l
-r
AIIlItaDt County Attornsy v, B-6 (U2I05)
Authorized for L~ Raproduc:tlon)
SlBmlard I'onn 4248 (9-03
Pn..'SCribcd by OMB Circular A-I 02
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02/15/2B~1 0B:52
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P'AGl::. O::?
Agendj3 Item NO.:t6F2__,
March 13,2007
Page 8 of 8
~MMUNICATIONS
~Q INTERNATIONAL. INC.
1100 Commerc,~' Blvd SUite 109
Naples, I=L 34104
VOice 239,4303892 Fex 239..30,3904
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EXECUTIVE SUMMARY
Agenda Item No. 16F3
March 13, 2007
Page 1 of 4
Recommendation to adopt a resolution approving amendments (appropriating grants,
donations, contributions or insurance proceeds) to the Fiscal Year 2006-07 Adopted Budget
OBJECTIVE: That the Board of County Commissioners adopts the attached resolution and the
related amendments that amend the Fiscal Year 2006-07 adopted budget in accordance with
Section 129.06, Florida Statutes.
CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as
adopted by the Board, can be amended. Budget amendments recognizing grants, donations,
contributions, or insurance proceeds that increase the total appropriations of a fund over the
adopted annual budget may be approved by resolution of the Board of County Commissioners.
Each of the budget amendments in the attached Resolution has been reviewed and approved by
the Board of County Commissioners via separate Executive Summaries. The attached
Resolution was reviewed and approved by the County Attorney's Office for legal sufficiency.
FISCAL IMPACT: The amendments and executive summaries, which were previously
considered and approved by the Board, contained their respective fiscal impact statements.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
--
RECOMMENDATION: That the Board adopts the attached resolution amending the Fiscal
Year 2006-07 adopted budget.
Prepared by: Michael Smykowski, Director, Office of Management and Budget
-..
RESOLUTION NO. 07-BAR-
A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES,
TO AMEND THE BUDGET FOR F1RST QUARTER OF THE 2006-07 FISCAL YEAR.
WHEREAS, Section 129,06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred
to as "Board") at any time within a fiscal year may amend a budget for that year, and provides the procedures therefor; and
WHEREAS. the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which
provide for but are not limited to: revenue from grants, donations or contributions, or insurance proceeds for a designated purpose.
WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2006-07 by resolution pursuant
to Section 129.06, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORlDA, that the budget amendments to the FY 2006-07 Budget described below are approved and hereby adopted and the
FY 2006-07 Budget is so amended.
BUDGET
AMENDMENT
FUND NUMBER
INCREASE
(DECREASE)
RECEIPT
INCREASE
(DECREASE)
EXPENDITURE
INCREASE
(DECREASE)
RESERVES
EXPLANATION FOR
APPROPRlA TION
001
07-041 $1,381 $1,381 Appropriate Hunger and Homeless Coalition donation for
computers.
07-110 $8,143 $8,143 Emergency Management grant for Hazards Analysis RepOl
07-020 $5,000 $5,000 Recognize donation for EN Community Center
Senior Annex activities.
07-084 $178,360 $209,360 ($31,000) Older Americans grant for case management services.
07-085 $110,185 $110,185 Older Americans grant for respite care.
07-086 $37,020 $41,520 ($4,500) Older Americans grant for congregate meals.
07-087 $33,281 $36,781 ($3,500) Older Americans grant for nutrition services.
07-088 $85,058 $97,058 ($12,000) Older Americans grant for family caregiver services.
07-083 $31,500 $31,500 Bill Gates Foundation grant for computer upgrades,
07-009 $101,822 $101,822 Halstatt donation for additional plantings (GG Overpass).
07-055 $330,000 $330,000 Recognize FDOT funds for a Trail Corridor Study,
07-068 $100,000 $100,000 SFWMD grant for Gordon River Water Quality Park.
07-018 $164,938 $164,938 Recognize rebate from FP&L for Naples Jail Center.
07-024 $394 $394 Appropriate grant funds for Public Transportation System.
07-061 $195 $195 Appropriate grant funds for Transportation Disadvantaged.
07-093 $63,419 $63,419 Allocate EMS Trust grant for medical equipment
07-034 $8,000 $8,000 Recognize Cedar Bay Marina donation for boater educatio:
us
123
123
123
123
123
129
313
313
325
381
426
427
491
604
- I -
Agenda Item No. 16F3
March 13, 2007
Page 2 of 4
BE IT FURTIiER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of
Agenda Item No. 16F3
March 13,2007
Page 3 of 4
this meeting for permanent record in his office.
This Resolution adopted this 13111 day of March 2007, after motion, second and majority vote.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTI' COMMISSIONERS
COLLffiRCOUNTI',FLORlDA
By:
DEPUTI' CLERK
By:
JAMES COLETTA, CHAIRMAN
Approved as to form and legal sufficiency:
David Weigel, County Attorney
-2-
Imll_
Agenda Item No. 16F3
March 13, 2007
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
16F3
Recommendation to adopt a resolulion approving amendments (appropriating grants,
donations, contributions or II1surance proceeds) to the Fiscal Year 2006-07 Adopted Budget
3/13/2007 800:00 AM
Approved By
OM B Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
2/28/2007 1 : 18 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Managers Office
Office of Management & Budget
316/2007 1: 39 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/6/2007 1 :55 PM
Agenda Item No. 16F4
March 13, 2007
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners award Bid #07-4114 in
the amount of $176,425.00 for Pelican Bay Streetscape Irrigation System Phase VI
to Stahlman-England Irrigation, Inc.
OBJECTIVE: To award Bid #07-4114 in the amount of $176,425.00 for Pelican Bay
Streetscape Irrigation System Phase VI to Stahlman-England Irrigation, Inc.
CONSIDERATIONS:
1. Bid #07-4114 was posted on January 29,2007. Two hundred and sixty five (265)
inquiries were sent, one non-responsive bid and four (4) responsive bids were
received and opened on February 23,2007.
~--...
2. Staff has reviewed the bids and determined that the low bid was submitted by
Stahlman-England Irrigation, Inc. Therefore, staff recommends award of Bid #07-
4114 to Stahlman-England Irrigation, Inc. as the lowest qualified responsive
bidder in the amount of$176,425.00.
FISCAL IMPACT: The fiscal impact for Bid #07-4114 is $176,425.00 with the funds
available in the Pelican Bay Phase VI Irrigation Improvements Project, Fund 322.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
resulting from this action.
RECOMMENDATION: That the Board of County Commissioners award Bid #07-
4114 in the amount of $176,425.00 for Pelican Bay Streetscape Irrigation System Phase
VI to Stahlman-England Irrigation, Inc. and to authorize the Chairman to sign the
standard contract after review by the County Attorney.
Prepared by: Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division
~......
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16F4
March 13,2007
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F4
Recommendation that the Board of County Commissioners award Bid #07-4114 in the
amount of $176,425.00 for Pelican Bay Slreetscape Imgatlon System Phase VI to Stahlman-
England Irrigation, Inc
3/1312007900:00 AM
Date
Prepared By
Kyle Lukasz
County Manager's Office
Operations Manager
Pelican Bay Services
3/11200711:00:28 AM
Date
Approved By
Jean C.Smith
County Manager's Office
Operations Analyst
Pelican Bay Services
3/1/2007 11 :34 AM
Date
Approved By
Kyle Lukasz
County Manager's Office
Operations Manager
Pelican Bay Services
3/1/200711:39 AM
Date
Approved By
Jack P. Curran
Administrative Services
Purchasing Agent
Purchasing
3/11200711:43 AM
Date
Approved By
Mike Hauer
Administrative Services
Acquisition Manager
Purchasing
3/1/20072:53 PM
Date
Approved By
Steve Carnell
Administrative Services
PurchasinglGeneral Svcs Director
Purchasing
3/1/20073:30 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
3/2120074:12 PM
Date
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Office of Management & Budget
3/512007 8:55 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
3/51200710:08 AM
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Agenda Item No. 16G 1
March 13, 2007
Page 1 of 33
.-
EXECUTIVE SUMMARY
Recommendation for the Collier County CRA Board to approve a CRA Resolution
amending the Bayshore Gateway Triangle Site Improvement Grant Program to allow for
new Shoreline Stabilization Improvement Grant and Sweat Equity Grant Programs for
Fiscal Years 2008 and 2009; approve the Grant Application process; approve the form of
the Grant Agreement letters; and declare the grants as serving a valid public purpose
OBJECTIVE: Recommendation for the Collier County CRA Board to approve a CRA
Resolution amending the Bayshore Gateway Triangle Site Improvement Grant Program to allow
for new Shoreline Stabilization Improvement Grant and Sweat Equity Grant Programs for Fiscal
Years 2008 and 2009, approve the Grant Application process, approve the form of the Grant
Agreement letters and declare the grants as serving a valid public purpose.
BACKGROUND: Florida Statute 163.370 - "Powers; counties and municipalities, community
redevelopment agencies" - authorizes the CRA to carry out plans for a program of voluntary or
compulsory repair and rehabilitation of buildings or other improvements in accordance with the
community redevelopment plan.
,,-..
Collier County Ordinance 2002-38 created the Site Improvement Grant for the Bayshore
Gateway Triangle Redevelopment Area. The ordinance provided that the CRA Board may
amend the Site Improvement Grant by Resolution.
CONSIDERA TIONS: The CRA Local Advisory Board has monitored the Site Improvement
Grant program for the CRA for five years. A thorough review of the program and its process has
determined that the program should be amended to better serve the community by increasing the
opportunities to applicants to include shoreline stabilization (stormwater) matching grants to
residential and commercial properties, and residential improvement non-matching grants for
modest 'do-it yourself exterior homeowner projects that do not require permits or licensed
contractors. Recommended funding requirements of the programs include:
. Shoreline Stabilization: Dollar-for-dollar match up to $5,000 from the CRA.
o Commercial and residential property.
o FDEP and COE permits required.
o Limited period of grant availability - 2 years.
. Sweat Equity: No private dollar match - $500 minimum to $1000 maximum from the CRA.
o Residential owner occupied.
o Residential-rental (single family houses and duplexes only).
o Funding for materials only - no labor.
The form of the CRA Grant Agreement between property owner and CRA Board has been
modified to reflect the amendments made for the Shoreline Stabilization and Sweat Equity Grant
programs.
,"'-".
FISCAL IMPACT: If approved, these grant programs will be made available and funded in the
FY2008 and FY2009 Bayshore Gateway Triangle CRA Fund 187 budget at the following levels:
Shoreline Stabilization Grant at $100,000 and Sweat Equity Grant at $20,000.
Agenda Item No. 1681
March 13,2007
Page 2 of 33
--
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, including the Bayshore Gateway Triangle CRA, that may consider,
modifications to development standards, improvements to infrastructure and incentives to
encourage redevelopment.
RECOMMENDATION: Recommendation for the Collier County CRA Board to approve a
CRA Resolution amending the Bayshore Gateway Triangle Site Improvement Grant Program to
allow for new Shoreline Stabilization Improvement Grant and Sweat Equity Grant Programs for
Fiscal Years 2008 and 2009, approve the Grant Application process, approve the form of the
Grant Agreement letters, and declare the grants as serving a valid public purpose.
Prepared by: David L. Jackson on February 5,2007
Executive Director, Bayshore/Gateway Triangle Community Redevelopment Agency
".-.
~..
Agenda Item No, 16G1
March 13, 2007
Page 3 of 33
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16Gl
Recommendation for the Collier County CRA Board to approve a CR,A, Resolution amending
the Bayshore Gateway Triangle Site Improvement Grant Program to allow for new Shoreline
Stabilization Improvement Granl and Sweat Equity Grant Programs for Fiscal Years 2008
and 2008 approve the Grant Appllcalion process: approve the form of the Grant Agreement
letters: and declare the grants as serving a valid public purpose
Meeting Date:
3/13120078:00:00 AM
Prepared By
David Jackson
Executive Director
Date
Community Redevelopment
Agency
Bayshore.Gateway Redevelopment
3/1120079:29:31 AM
Approved By
David Jackson
Executive Director
Date
Community Redevelopment
Agency
Bayshore-Gateway Redevelopment
31112007 9:29 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
3/212007 9:25 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/212007 10:20 AM
Approved By
James V. Mudd
County Manager
Date
BOaJ'd of County
Commis&ioners.
County Manager's Office
3/212007 3:57 PM
Agenda Item No. 1681
March 13,2007
Page 4 of 33
CRA RESOLUTION NO.07-
A RESOLUTION OF THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY
RELATING TO COMMUNITY
REDEVELOPMENT BY AMENDING THE
BA YSHORE GA TEW A Y TRIANGLE SITE
IMPROVEMENT GRANT PROGRAM TO
ALLOW FOR NEW PROGRAMS ENTITLED
SHORELINE STABILIZATION IMPROVEMENT
GRANT PROGRAM AND SWEAT EQUITY
IMPROVEMENT GRANT PROGRAM;
PROVIDING AN EFFECTNE DATE,
WHEREAS, Ordinance No. 2002-38 was adopted by the County Commission on July 30, 2002
creating a Collier County Redevelopment Grant Program for the Bayshore Gateway Triangle
Redevelopment Area; and
WHEREAS, the Community Redevelopment Agency (CRA) desires to use a portion of the funds
in the Redevelopment Trust Fund, pursuant to the authority of section 163.370, Florida Statutes, the
Bayshore Gateway Triangle Redevelopment Plan and Ordinance Number 2002-38 for stormwater
management by creating a Shoreline Stabilization Improvement Grant to allow the use of tax increment
funding for shoreline stabilization projects within the coterminous Haldeman Creek Municipal Service
Taxing Unit (MSTU) and the redevelopment areas; and
WHEREAS, after the Collier County Haldeman Creek stormwater dredging project completion
the CRA desires to be proactive in the curtailment of shoreline erosion by offering a Shoreline
Stabilization Improvement Grant as an incentive to property owners to improve or install seawalIs,
bulkheads and shoreline rip rap; and
WHEREAS, the Community Redevelopment Agency (CRA) desires to use a portion of the funds
in the Redevelopment Trust Fund, pursuant to the authority of Section 163.370, Florida Statutes, the
Bayshore Gateway Triangle Redevelopment Plan and Ordinance Number 2002-38 to create a Sweat
Equity Improvement Grant Program to provide financial and technical assistance for residential site
improvements; and
WHEREAS, the CRA desires to use a portion of the Trust Funds as an incentive to residential
property owners in blighted neighborhoods to improve their residential property; and
WHEREAS, the Site Improvement Grant Program needs to be modified to provide greater
opportunity to low to moderate income residential property owners to improve their property; and
WHEREAS, the CRA desires to establish the application process, staff review procedures,
project funding levels, length of grant life, and CRA approval process to better serve the community; and
WHEREAS, the CRA desires to clearly define grant boundaries and specify qualified residential
and commercial properties eligible for grant funding,
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY that:
SECTION 1.
A. Title. The grant program shalI be known as the Shoreline Stabilization Improvement Grant
Program and for the Bayshore Gateway Triangle Redevelopment Area.
B. Ado-otion of the Shoreline Stabilization Improvement Grant Prolrram. There is hereby
established, created and adopted, in accordance with the provisions of Collier County Ordinance No.
2002-38, a new Shoreline Stabilization Improvement Grant process and Grant Agreement documents for
the Bayshore/Gateway Triangle Redevelopment Area, attached hereto as Composite Exhibit A.
C. Administration by CRA. After the Board of County Commissioners allocates grant funding
for the fiscal year, the CRA shall approve grant recipients, grant funding and grant payment upon
Agenda Item No. 16G1
March 13, 2007
Page 5 of 33
completion of work. The CRA delegates the administration of the grant program to the
Bayshore/Gateway Triangle Executive Director and Local Redevelopment Advisory Board to include, but
not be limited to: application process and review, recommendation of recipients, monitoring grant
progress, and recommending grant payments upon completion of work. The recipients of any grant funds
shall be required to e)(ecute a Grant Agreement in the fonn approved by the County Attorney's Office for
legal sufficiency and approved by the CRA.
SECTION 2.
A. Title. The grant program shall be known as the Sweat Equity Improvement Grant
Program and for the Bayshore Gateway Triangle Redevelopment Area.
B. Adoption of the Sweat Eauity Imnrovement Grant ProlmlIIl. There is hereby established,
created and adopted, in accordance with the provisions of Collier County Ordinance No. 2002-38, a new
Sweat Equity Improvement Grant Program process and Grant Agreement documents for the
Bayshore/Gateway Triangle Redevelopment Area, attached hereto as Composite Exhibits B.
C. Administration bv CRA. After the Board of County Commissioners allocates grant
funding for the flSCal year, the CRA shall approve grant recipients, grant funding and grant payment upon
completion of work. The CRA delegates the administration of the grant program to the
Bayshore/Gateway Triangle Executive Director and Local Redevelopment Advisory Board to include, but
not be limited to: application process and review, recommendation of recipients, monitoring grant
progress, and recommending grant payments upon completion of work. The recipients of any grant funds
shall be required to e)(ecute an Grant Agreement, In the fonn approved by the County Attorney's Office
for legal sufficiency and approved by the CRA.
SECTION 3, Effective Date. This Resolution shall become effective immediately upon passage
and adoption. This Resolution adopted after motion, second and majority vote this day of
March, 2007.
ATTEST:
DWIGHT E. BROCK
COMMUNITY REDEVELOPMENT
AGENCY OF COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
DONNA FIALA, CHAIRMAN
Approved as to fonn and legal sufficiency:
~ori' M. S""""-Stirung
Assistant County Attorney
2
COMPOSITE EXHIBIT A
Agenda Item No. 16G 1
March 13, 2007
Page 6 of 33
SHORELINE STABILIZATION IMPROVEMENT GRANT PROGRAM
General Provisions
The Collier County Community Redevelopment Agency (CRA) created the Shoreline
Stabilization Improvement Grant Program to provide financial assistance to residential and
commercial property owners in the BayshorelGateway Triangle Redevelopment Area by offering
financial assistance for shoreline stabilization (rip-rap, bulkhead or seawall) improvement
projects. Improvements must be along one or more sides of the deeded property. All
improvements must meet the criteria listed below as well as the current requirements of the land
development code, building code, construction inspections and permits, any applicable zoning
overlays, and permits from US Army Corp of Engineers, Florida Department of Environmental
Protection, and Collier County.
The CRA is funded by Tax Increment Financing (TIF), a capture of Collier County's property
taxes above the year 2000 property tax value. TIF is a unique tool that CRAs can use to leverage
public funds and to promote private sector activity on the shoreline:
· The Grant is a "limited" two (2) year program funded in fiscal years 2008 & 2009
budgets. All approved applicants will have twelve (12) months to complete their project
from the date of Collier County Community Redevelopment Agency approval.
· For residential and commercial properties within the project boundary, the CRA will
provide up to 50% but not to exceed $5,000.00 of the cost of installation and! or
maintenance of "RIP RAP," bulkheads and seawalls on subject property,
The funding awarded will be leveraged by the personal fmancial contribution made by each
applicant/property owner as well as the extent of improvements to be made. All applications will
include two written proposals from qualified contractors to complete the improvements, and all
required permits as required by Corps of Engineers (COE), Department of Environmental
Protection (DEP) and Collier County.
All proposed work must be approved before beginning any work. Grant funding is not
retroactive. All work must be completed within one year of approval by eRA. Applicants are
required to request a meeting with staff prior to submittal of application.
All shoreline work to be completed under this program must be:
· Reviewed and recommended for approval by the Bayshore Gateway Triangle CRA Local
Advisory Board,
· Pre-approved by any applicable county departments that would normally review such
improvements, and
· Pre-approved by the CRA Board.
Eligibility: All property owners with parcels within the project area are eligible for grant funds
for installation andlor maintenance of "RIP RAP," bulkheads and seawalls. Properties must be
within the Haldeman Creek MSTU boundary and also within the Bayshore Gateway Triangle
CRA boundary and abutting tidal canals including Haldeman Creek and its tributaries. See
attached project area map. Excluded areas are lakes, ponds, water retention areas, swales and
drainage ditches.
COMPOSITE EXHIBIT A - Shoreline Stabilization Improvement Grant FY2008
COMPOSITE EXHIBIT A
Agenda Item No. 1681
March 13, 2007
Page 7 of 33
Project Evaluation:
All projects will be evaluated based upon the following:
. Possession of two licensed contractor bidslquotes
. Possession of required permits (Corps of Engineers, Department of Environmental
Protection, and Collier County)
. Ability to fund and begin work immediately
. Ability to complete project within one year
. Remedy of code enforcement problems
PROCESS
Step 1: Applicant must make application to:
. First make application to the US Army Corp of Engineers for permit.
The offices for this area are US Army Corp of Engineers, P.O.Box 4970, 701
San Marco Blvd., Jacksonville, FL 32232-0019. Telephone: 904-232-2241,
Fax: 904-232-1213. Application is available on line at www.usace.am1y.mil
. After permit issuance by US Army Corp of Engineers, applicant will contact the
Florida Department of Environmental Protection and make application for permit.
Offices located at: FDEP, South District, 2295 Victoria Avenue, Suite 364, Ft. Myers,
FL 33902-2549. Telephone: 239-332-6975. Application is available on line at
v.ww .dep .state. fl. us/water/wetlandsl erp/forms. htm
. Upon completion of permitting from US Army Corp of Engineers and Florida
Department of Environmental Protection application will be made to the Collier County
Permitting Department located at 2800 North Horseshoe Drive, Naples, FL 34104.
. Note: Some local contractors will provide all permitting for the contracted job.
Additional fees could be applied to original estimate. Consult your contractor.
Step 2:
. Shoreline Improvement Grant Application (all permits must be submitted with
application)
. Project Initiation and Completion Form
. Two 8 x 10 color photos of the existing shoreline ("before" photos)
. Sketch of proposed improvements
. Submit two (2) written estimateslquotes from qualified/licensed contractors
COMPOSITE EXHIBIT A - Shoreline Stabilization Improvement Grant FY2008
2
COMPOSITE EXHIBIT A
Agenda Item No. 1681
March 13, 2007
Page 8 of 33
Step 3: CRA Staff and Advisory Board Review
· CRA staff reviews application and then places the application on agenda of next
Advisory Board meeting
· Advisory Board checks project to make sure it meets all grant criteria and
Redevelopment Plan criteria
· Applicant is required to be present at the Advisory Board meeting to answer any
questions that may arise during the review or to provide additional material if requested
· Ifproject meets all criteria, the Advisory Board makes a recommendation to CRA to
approve the application
· Grant funding is limited to a one-time application per parcel
Step 4: CRA Review and Approval
· CRA staff prepares Shoreline Stabilization Improvement Grant Agreement for the CRA
to review and approve
· Applicant signs Shoreline Stabilization Improvement Grant Agreement
· Application with Advisory Board recommendation and agreement placed on CRA agenda
for review and approval
· CRA reviews Advisory Board recommendation and agreement during regular meeting
and approves or denies project
Step 6: Project Work
· Applicant begins work and completes same in twelve (12) months
Step 7: Project Completion and Submittal of Project Summary Report
· Upon completion of work and after all inspections have been completed to insure work
conforms to the work that was proposed, applicant submits:
o "Project Summary Report," including description of completed improvements,
two 8X10 color "after" photos, contractor invoices, list of materials and
construction techniques used, list of contractors and any additional information
specific to the project.
· Notarized "Payment Request Form" and all materials receipts and/or canceled checks
as proof that all materials and contracted improvements have been paid
Step 8: eRA Staff Submits Project Completion Report for Payment
· CRA Staff visits site and documents improvements.
· CRA Staff forwards Completion Report and documents to County for payment.
COMPOSITE EXHIBIT A - Shoreline Stabilization Improvement Grant FY200S
3
COMPOSITE EXHIBIT A
Agenda Item No. 16G1
March 13, 2007
Page 9 of 33
SHORELINE STABILIZATION IMPROVEMENT GRANT APPLICATION
Section 1: Applicant Information
Owner Name:
Owner Address:
Site Address (if different from owner address):
Legal Description of Site:
Daytime Phone:
Alternate Phone:
E-Mail Address:
How long have you owned this property?
Number of Years in Business at Site Address:
Occupational License Number:
First Time Shoreline Stabilization Improvement Grant Applicant? Yes D
[]No
If no, how many applications submitted?
Orant(s) awarded? Yes D
NoD
COMPOSITE EXHIBIT A - Shoreline Stabilization Improvement Grant FY2008
4
COMPOSITE EXHIBIT A
Agenda Item No. 1681
March 13, 2007
Page 10 of 33
Section 2: Project Information
Existing Condition of Project (attach additional sheets if necessary):
ATTACH "BEFORE" PHOTOS AT LEAST TWO 8XIO COLOR PHOTOS, OTHERS MAY BE
ADDED TO ACCURATELY DESCRIBE THE SITE).
Outline Proposed Improvements in Detail (attach additional sheets if necessary):
List Materials to be Used and Construction Methods to be Utilized (i.e. Slope, type of rock,
underlayment, bulkhead type, etc.) (attach additional sheets if necessary):
COMPOSITE EXHIBIT A - Shoreline Stabilization Improvement Grant FY2008
5
COMPOSITE EXHIBIT A
Agenda Item No. 16G1
March 13, 2007
Page 11 of 33
Section 3: Project Cost Information
Estimated Project Cost:
. ALL WORK TO BE COMPLETED BY A LICENSED CONTRACTOR
. APPLICATION MUST HA VE AT LEAST TWO (2) WRITTEN ESTIMA TES OR
QUOTES ATTACHED TO THE APPLICATION
. COPIES OF FLORIDA! COLLIER COUNTY CONTRACTORS LICENSE AND
COLLIER COUNTY OCCUPATIONAL LICENSE MUST BE ATTACHED TO
ESTIMA TES/ QUOTES
Estimated Requested from CRA $
(up to 50% of the total project cost (bulkheads, seawalls, rip rap, installation and/or repairs only),
up to, but not exceeding $5,000.)
COPIES OF ALL RECEIPTS AND/OR CANCELED CHECKS WILL BE REQUIRED UPON PROJECT
COMPLETION AS PROOF THAT ALL MATERIALS AND CONTRACTED IMPROVEMENTS HAVE BEEN
PAID. NO REIMBURSEMENT WILL BE MADE BY THE CRA UNTIL ALL RECEIPTS AND/OR CANCELED
CHECKS HA VE BEEN RECEIVED AND VERIFIED.
Owner Signature
Date
Owner Signature
Date
CRA Staff
Date
COMPOSITE EXHIBIT A - Shoreline Stabilization Improvement Grant FY2008
6
COMPOSITE EXHIBIT A
Agenda Item No. 1681
March 13, 2007
Page 12 of 33
PROJECT INITIATION AND COMPLETION FORM
(to be submitted with Shoreline Stabilization Improvement Grant Application)
I,
owner of the property located at
, have the funding and capability necessary to begin the
shoreline improvements listed under Section 2 of the completed Shoreline Stabilization
Improvement Grant application and have the ability to complete all improvements within one
year of the approval of the Shoreline Stabilization Improvement Grant by the Collier County
Community Redevelopment Agency.
Signature of Owner
Date
Signature of Owner
Date
NOTARY
STATE OF:
COUNTY OF:
The foregoing Owner Authorization Form was executed before me this day of
, 200_ by , owner of the property located
at
_ is personally known by me
OR
_ who has produced
who:
as proof of identity.
Affix notary seal.
Notary Public (Signature)
Print Name of Notary Public
Commission No:
My Commission expires:
COMPOSITE EXHIBIT A - Shoreline Stabilization Improvement Grant FY2008
7
COMPOSITE EXHIBIT A
Agenda Item No. 16G 1
March 13, 2007
Page 13 of 33
PROJECT SUMMARY REPORT FORM
(Submit after project completion)
Describe Condition of Project:
ATTACH "AFTER" PHOTOS (INCLUDING AT LEAST TWO 8XIO COLOR PHOTOS,
OTHERS MAY BE ADDED TO ACCURATELY DESCRIBE THE SHORELINE
IMPROVEMENTS).
List Materials and Construction Methods used, especially if unique methods were
necessary to preserve or enhance some aspects of the improved site (attach additional sheets
if necessary):
List Names and Contact Information for Contractors Involved to Provide Proper Credit
Provide any other important information specific to the project. All projects will be listed in the
annual project report of the CRA so details and noteworthy information about the project is very
critical.
Owner Signature
Date
Owner Signature
Date
COMPOSITE EXHIBIT A - Shoreline Stabilization Improvement Grant FY2008
8
COMPOSITE EXHIBIT A
Agenda Item No. 1681
March 13, 2007
Page 14 of 33
PAYMENT REQUEST FORM (PROJECT COSTS)
(attach all receipts, invoices andlor cancelled checks)
On , the Collier County Community Redevelopment
Agency approved a portion of the following improvements (50% of the total up to $5,000) to be
funded through the Shoreline Stabilization Improvement Grant Program:
Improvement
Cost
Total
COPIES OF ALL RECEIPTS AND/OR CANCELED CHECKS WILL BE REQUIRED UPON
PROJECT COMPLETION AS PROOF THAT ALL MATERIALS AND CONTRACTED
IMPROVEMENTS HA VE BEEN PAID. NO REIMBURSEMENT WILL BE MADE BY THE CRA
UNTIL COPIES OF CERTIFICATE OF OCCUPANCY HAS BEEN SUBMITTED.
I hereby confirm that all items listed above have been completed as per the Shoreline
Stabilization Improvement Grant application submitted to the CRA and authorized by the CRA.
Therefore, I am requesting the approved funding in the total amount of $
as approved by the eRA.
The foregoing Payment Request Form was executed before me this
, 2007 by
owner of the property located at
_ is personally known by me
OR
_ who has produced
Affix notary seal
day of
,who:
as proof of identity.
Notary Public (Signature)
Print Name of Notary Public
Commission No:
My Commission expires:
COMPOSITE EXHIBIT A - Shoreline Stabilization Improvement Grant FY2008
9
COMPOSITE EXHIBIT A
Agenda Item No. 1681
March 13, 2007
Page 15 of 33
GRANT AGREEMENT BETWEEN CRA AND OWNER
FOR SHORELINE STABILIZATION IMPROVEMENT FOR
BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this _ day of , _ by and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRA") and (hereinafter referred to as "Owner").
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No, 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, CRA Resolution No. 07-XX established the Shoreline Stabilization
Improvement Grant; and
WHEREAS, Owner has applied for a Shoreline Stabilization Grant in the amount of
dollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant award in the amount of dollars on
("CRA Approval"), which is _% of the costs to
construct the shoreline improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Shoreline Stabilization Improvement Grant Program (hereinafter referred to
as "Grant Program"), that Owner has read the Grant Program, and that Owner has had ample
opportunity to discuss the Grant Program with Owner's counsel or advisor. Owner further
acknowledges to the CRA that Owner understands and agrees to abide by all of the terms and
conditions of the Grant Program. Owner agrees to the terms and conditions of the Grant
Program.
2. Owner is the record owner of property described as
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated attached hereto as
Exhibit A and incorporated herein by reference.
4. Owner agrees to complete the construction of the Shoreline Stabilization
Improvements within one (1) year of CRA Approval. Owner also agrees to fund at least 50% of
the costs of the shoreline improvements.
COMPOSITION EXHIBIT A - FY2008 Shoreline Stabilization Improvement Grant
Agreement
COMPOSITE EXHIBIT A
Agenda Item No. 16G1
March 13, 2007
Page 16 of 33
5. CRA has approved a grant to Owner in the amount of to be
administered pursuant to the terms of this Agreement based on an estimated cost of
If the actual costs are less than the estimated costs to construct the shoreline
improvements and less than $5,000, the grant amount shall be reduced dollar for dollar in
matching CRA funds as determined by ratio of matching private funds required.
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the shoreline improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction of the shoreline improvements. An immediate
relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family
member by marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees to obtain all necessary Corps of Engineers, Department of
Environmental Protection permits and submit any required plans to the County's Community
Development and Environmental Services Division. Upon completion of the work, Owner shall
submit to the CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials
and construction techniques used, a list of architects and/or contractors, and any other
information specific to the project or requested by the CRA staff. The CRA, through its staff,
shall confirm that the shoreline improvements were constructed pursuant to the terms of the
application approved by the CRA.
8. Within forty-five (45) days after confirmation that the shoreline improvements
were constructed pursuant to the terms of the approved application, Owner shall be issued a
check in the amount of the grant. However, if Owner fails to make the improvements pursuant
to the terms of the approved application, or if the project is not completed within one (1) year of
CRA approval, or if Owner fails to fund at least 50% of the cost of the shoreline improvements,
the grant shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
COMPOSITION EXHIBIT A - FY2008 Shoreline Stabilization Improvement Grant
Agreement
:2
COMPOSITE EXHIBIT A
Agenda Item No, 16G1
March 13, 2007
Page 17 of 33
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
frrst written above.
OWNER(s):
(1)
Witness Signature
By:
PrintedlTyped Name
PrintedlTyped Name
(2)
Witness Signature
By:
Printed/Typed Name
PrintedITyped Name
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
DONNA FIALA, Chairman
, Deputy Clerk
Approved as to form and
legal sufficiency:
Marjorie M. Student-Stirling
Assistant County Attorney
COMPOSITION EXHIBIT A - FY2008 Shoreline Stabilization Improvement Grant
Agreement
3
COMPOSITE EXHIBIT B
Agenda Item No. 16G 1
March 13, 2007
Page 18 of 33
SWEAT EQUITY IMPROVEMENT GRANT PROGRAM
General Provisions
The Collier County Community Redevelopment Agency (CRA) created the Sweat Equity
Improvement Grant Program to provide financial assistance to existing residential (single-family
owner-occupied and single-family or duplex rentals) in the Bayshore/Gateway Triangle
Redevelopment Area by offering financial and technical assistance for residential site
improvements. Improvements must be exterior improvements to the structure or surrounding
site. All improvements must meet the criteria listed below as well as the current requirements of
the land development code, building code, and construction inspections, and any applicable
zoning overlays. Improvements that remedy existing code enforcement violations also qualify if
combined with other site improvements.
The CRA is funded by Tax Increment Financing (TIF), a capture of Collier County's property
taxes above the year 2000 property tax value. TIF is a unique tool that CRAs can use to leverage
public funds and to promote private sector activity:
· The Grant is for single-family owner-occupied residences and for single-family or duplex
residential rental property.
· The CRA will provide 100% of the cost of materials for external improvements to
existing structures, buildings and surrounding property.
· Cost of material improvement is $500 minimum and $1,000 maximum.
· Funds may not be used for "sweat eQuitv" (cost of labor or personal effort).
· Applicant must perfonn two accepted improvements to exterior of the property.
· Grant applications may be submitted 30 days prior to Availability Period*:
o Oct. 1 st -Dec. 30th
o May 1 st_July 31 st
* Availability Period is the ninety (90) days that all work must be completed.
Funding awarded will be evaluated based on the contribution made by each applicant as well as
the extent of improvements. Projects must include a minimum of two (2) different types of
improvements (described below). For example, a project that consists of only one type of
improvement (new paint) will not qualify.
All proposed work must be approved before beginning any work. Grant funding is not
retroactive. All work must be completed within ninety (90) days of approval by eRA. Applicants
are required to request a meeting with staff prior to submittal of application.
All sweat equity work to be completed under this program must be:
· Reviewed and recommended for approval by the Bayshore Gateway Triangle CRA Local
Advisory Board, and
· Pre-approved by the CRA Board..
Grant funds may be used for the following improvements:
· Painting (all colors must be approved)
· Window or door replacements or repairs to hurricane standards, hurricane shutters
· Repointing of mortar joints for brick or stone fronts
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant FY2008
1
COMPOSITE EXHIBIT B
Agenda Item No. 16G1
March 13, 2007
Page 19 of 33
. Landscaping installation, and improvement at front of building (visible from public
street), and must include in-ground irrigation system
. All work must be completed within 90 days of approval by CRA
Grant funds may not be used for:
. Working capital or administrative costs (payroll, rent, utilities, etc.)
. Sweat equity (time/labor of applicant or family)
. New construction
. Residential additionslexpansions of existing buildings or on site
. Residential rental property - apartments or buildings with more than two units
. Interior renovations
. Seawalls or waterfront improvements
. Demolition only
. Loans or other capital support
. Work that will extend beyond ninety (90) days of approval by CRA
. Work completed prior to approval of Sweat Equity Improvement Grant
Project Evaluation
All projects will be evaluated based upon the following:
. Number and extent of improvements (minimum 2 for residential)
. Ability to begin work immediately and ability to complete project within 90 days
. Remedy of code enforcement violations
Project Provides Points Points
Available Awarded
New paint only & pressure wash 1
Paint complements the "Old Florida" style 1
Design consistent with the "Old Florida" stvle 1
Replacement or repaired windows or doors 1
Repointing of mortar ioints for brick or stone fronts, stucco repair 1
Woodwork repair, replacement or new installation 1
Landscaping improvements and irrigation system repair 1
Install new irrigation system 3
Applicant has funding and is prepared to begin permitting process and hiring of 1
qualified contractors immediately following CRA approval and complete all
work within 90 days of approval by CRA
Debris removal, fallen trees 1
Exotic treelplant removal 2
Repair Code Violations 3
Replacelrepair rain gutters 1
Repair/replace ripped or tom screens 1
Subtotal
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant FY2008
2
COMPOSITE EXHIBIT B
Agenda Item No. 1681
March 13, 2007
Page 20 of 33
PROCESS
Step 1: Applicant Meets with Staff
· Applicant must request a meeting with staff prior to submittal of application.
· Applicant & staff meet at project site
Step 2: Applicant Submittal
· Site Improvement Grant Application & Project Initiation and Completion Form
· Owner Authorization Form requires notarization
· Two 8 x 10 color photos of the existing conditions ("before" photos)
· Sketch of proposed improvements
· Budget estimates for the improvements if work to be completed by applicant
Step 3: CRA Staff and Advisory Board Review
· CRA staff reviews application and completes the Points Form, then places the application
on agenda of next Advisory Board meeting
· Advisory Board checks project to make sure it meets all grant criteria
· Applicant is required to be present at the Advisory Board meeting to answer any
questions that may arise during the review or to provide additional material if requested
· If project meets all criteria, the Advisory Board makes a recommendation to CRA
· Grant funding is limited with first priority given to projects with higher points
Step 4: CRA Review and Approval
· CRA staff prepares Sweat Equity Grant Agreement for the CRA to reviewlapprove
· Applicant signs Grant Agreement
· Application with Advisory Board recommendation and agreement placed on CRA agenda
for review and approval
· CRA reviews Advisory Board recommendation and agreement during regular meeting
and approves or denies project
Step 5: Site Plan Improvement Process
· Applicant completes work
Step 6: Project Completion and Submittal of Project Summary Report
· Upon completion of work and inspection to insure work conforms to the work that was
proposed, applicant submits:
o "Project Summary Report," including description of completed improvements,
two 8X10 color "after" photos, invoices, list of materials and construction
techniques used, any additional information specific to the project.
· Notarized "Payment Request Form" and all materials receipts and/or canceled checks as
proof that all materials and contracted improvements have been paid
Step 7: eRA Staff Submits Project Completion Report for Payment
· CRA Staff visits site and documents improvements.
· eRA Staff forwards Completion Report and documents to County for payment.
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant FY2008
3
COMPOSITE EXHIBIT B
Agenda Item No. 1681
March 13. 2007
Page 21 of 33
SWEAT EQUITY IMPROVEMENT GRANT APPLICATION
Section 1: Applicant Information
Owner Name:
Owner Address:
Site Address (if different from owner address):
Legal Description of Site:
Daytime Phone:
Alternate Phone:
E-Mail Address:
How long have you owned this property?
Number of Years in Business at Site Address:
Occupational License Number:
First Time Shoreline Improvement Grant Applicant?
Yes D
NoD
Ifno, how many applications submitted? Grant(s) awarded? Yes D
NoD
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant FY2008
4
COMPOSITE EXHIBIT B
Agenda Item No. 16G1
March 13, 2007
Page 22 of 33
Section 2: Project Information
Existing Condition of Project (attach additional sheets if necessary):
ATTACH "BEFORE" PHOTOS AT LEAST TWO 8X 10 COLOR PHOTOS, OTHERS MAY BE ADDED
TO ACCURATELY DESCRlBE THE SITE).
Outline Proposed Improvements in Detail (attach additional sheets if necessary):
List Materials to be Used and Construction Methods to be Utilized (i.e. type paint, plant species,
irrigation system, doorslwindows, etc.) (Attach additional sheets if necessary):
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant FY2008
5
COMPOSITE EXHIBIT B
Agenda Item No. 16G1
March 13, 2007
Page 23 of 33
Section 3: Project Cost Information
Estimated Project Cost:
. ALL WORK TO BE COMPLETED BY OWNER, FAMILY OR FRIENDS
. APPLICATION MUST HAVE AT LEAST WRITTEN ESTIMATES OR QUOTES
FOR MATERIALS ATTACHED TO THE APPLICATION
Estimated Requested from CRA $
Project materials must be a minimum of $500 and a maximum of $1,000
COPIES OF ALL RECEIPTS ANDloR CANCELED CHECKS WILL BE REQUIRED UPON PROJECT
COMPLETION AS PROOF THAT ALL MATERIALS FOR IMPROVEMENTS HAVE BEEN PAID. NO
REIMBURSEMENT WILL BE MADE BY THE CRA UNTIL ALL RECEIPTS AND/oR CANCELED CHECKS
HAVE BEEN RECEIVED AND VERIFIED.
Section 4: Availability of Grant Funds
This grant program will be available for limited periods of the calendar year.
Winter Program - October 1 st through December 30th
.
Summer Program - May 1 st through July 31 st
Owner Signature
Date
Owner Signature
Date
CRA Staff
Date
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant FY2008
6
COMPOSITE EXHIBIT B
Agenda Item No. 16G 1
March 13. 2007
Page 24 of 33
PROJECT INITIATION AND COMPLETION FORM
(to be submitted with Site Improvement Grant Application)
I, , ownerltenant of the property located at
, have the funding and capability necessary to begin the
site improvements listed under Section 2 of the completed Sweat Equity Improvement Grant
application and have the ability to complete all improvements within ninety (90) days of the
approval of the improvement grant by the Collier County Community Redevelopment Agency.
Signature of Tenant (if leased)
Date
Signature of Tenant (if leased)
(if jointly leased)
Date
Signature of Owner
Date
Signature of Owner
(if jointly owned)
Date
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant FY2008
7
COMPOSITE EXHIBIT B
Section 5: List of A roved Landsca in
{,,"f
; ',I '_;',~::' i.', :< ;:':.~ ;~,'.
" ;-.Ji;;;:~.'>'-/;~.
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant FY2008
X
X
X
Agenda Item No. 16G1
March 13, 2007
Page 25 of 33
X
X
X
X
X
8
COMPOSITE EXHIBIT B
Agenda Item No. 16G 1
March 13,2007
Page 26 of 33
..... CiririecorctAcClC,ia (Acacii:!. 9l:1.orii> ,Le," ,:.' ...,...';;.....
Crabwood (Ateramnus lucidus) X
.Dar1ingpIUW:-(I{eynosiij.(septenttiolaljs)"f~f "'..'~;;:,..
.. ... ""'-,
Florida privet (Forestiera segregata) X
G<514~ii.,.lJ)~wdfOJj';(I>@~ta.'irep~ns):~t~j;"#~-W,{:;!t:j "..,":;,.".";". .i;.
,-.- ",-,..-.
Jamaica caper (Capparis cynophallophora) X
..i:";8"MaJqeii,15us1):;($'~Yia;-pa;nim:i'~nsis':?t:~tl~i~~li1'*tD;.~i;f'i~i'~:'. . ~
Myrsine (Myrsine floridana) X
J~ihipil!~pWP1i:iW;rt~Q~q<51Q[4'iqiy~tsifQ1ii,\);;~G1~1:j(:k:;::,' '.; .'.;';,
Paurotis palm ( Acoelorrhaphe wrightii) X
.... I{eaberry'stopper"tEugei11a:jcoilf1.lS~ ".:,... . Ie l
'.>."""":..""'.,,:;, " I'"
Seagrape (Coccoloba uvifera) X
":;;fi:~iJA;Jjjm~.tZ;MtAQ~yJW;ijIilig~):;f,\(,f;l;aK:1f{~~ii.t};j;;:;, ,'..
. "'f' siffipsQptStopp~~:.(N1vrci$tAes\'-fiagtan,sJ;~;::; ",,:':.;.:; . i.,';;::..
"'~:<;::.'\;'--' "
Spicewood (Calyptranthes spp.) X
:.Wa1fers;VioUrii~CViil)umum;,ob6vatUm)!:;;\.",.,',:, Vi,. .'"C',.
"'~'"'' .' "
Wax myrtle (Myrica cerifera)** X
:'..,YeI1ow;~lder(Tecoma}staris.';i;i.;: .,.". ii/:":"'" X':.,:-.',.' ",.j .. ,
Shrubs- Medium to Small
. ....... Bay cedar (StiIiana'ffiaritiine}i:';{;1j\;.,:.. .. </'.....:'.: X,:,:</, ,.,
i:,: ','
Blackbead (Pithecellobium guadalupense) X
Cbcopll$:rl. fCJ:Uysc)p~l~ij'$)lC~co) ,';]1:,:: '. .. li..Y'"
",
Cordia (Cordia globosa) X
F ireblish{fIam.eliapafens){;@,;!j.:" .. ,",'.' IL",.'.': .V.',-,'.... IF. Ii
. ", ,.,
Florida privet (Forestiera segregata) X
, Goldetipewdrop(piit8.ri.fa'repen:s }'jI;ij'" .> ,'X,".'," Ii I.
. I'
Jamaica caper (Capparis cynophallophora) X
Leather-fem(ACr()sticnatridariaeaefolitun) .... I.' , .Xi". ..,............ I
Maiden bush (Savia bahamensis) X
.. Mjirsine(Myrsme floridaila) ....... /\ > .X........... ....
" '.. . .
Necklace pod (Sophora tomentosa) X
S aW,paun e1:to' (Se:feno&repens)i\~'i':,!f;..,t:.' '.. "..,.".V.i"""..,', i. f
Sea Oxeye Daisy (Borrichia trutescens) X
Seven\'Y'earApp1e-{CasasiiiClusiito lia}..'....... .. ,.'v." ,..... .1' .
. .. ., .L"'-:;,. ....,.
Silver saw palmetto (Serenoa repens X
'Cinerea')
'. Spicewbod( CalyptranthessPP.):i . ". '..... ..,,;. ./......1(:.;.".. 11 ..
White Indigo Berry (Randia aculeate) X
....'....Wildcoffee(Psyc116manervosa}> ;{.:::x'1:';~':,:;..':: .. '.. ...X, v:- "1'"".' r>
*
Cabbage palms must be used in groupings of 3 to count towards a single canopy tree.
Palms can only be used for up to 30% of the required number of canopy trees.
Not a good buffer shrub - becomes leggy over time.
**
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant FY2008
9
COMPOSITE EXHIBIT B
Agenda Item No. 1681
March 13, 2007
Page 27 of 33
PROJECT SUMMARY REPORT FORM
(Submit after project completion)
Describe Condition of Project:
ATTACH "AFTER" PHOTOS (INCLUDING AT LEAST TWO 8XlO COLOR PHOTOS, OTHERS MAY
BE ADDED TO ACCURATELY DESCRIBE THE SHORELINE IMPROVEMENTS).
List Materials and Construction Methods used, especially if unique methods were necessary to
preserve or enhance some aspects of the improved site (attach additional sheets if necessary):
List Names and Contact Information for Contractors Involved to Provide Proper Credit
Provide any other important information specific to the project. All projects will be listed in the
annual project report of the CRA so details and noteworthy information about the project is very
critical.
Owner Signature
Date
Owner Signature
Date
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant FY2008
10
COMPOSITE EXHIBIT B
Agenda Item No. 16G1
March 13,2007
Page 28 of 33
PAYMENT REQUEST FORM (PROJECT COSTS)
(attach all receipts, invoices andlor cancelled checks)
On , the Collier County Community Redevelopment
Agency approved a portion of the following improvements (l00% of the total up to $1,000) to be
funded through the Sweat Equity Grant Program:
Improvement
Cost
Total
COPIES OF ALL RECEIPTS AND/OR CANCELED CHECKS WILL BE REQUIRED
UPON PROJECT COMPLETION AS PROOF THAT ALL MATERIALS FOR
IMPROVEMENTS HA VE BEEN PAID.
I hereby confirm that all items listed above have been completed as per the Sweat Equity
Improvement Grant application submitted to the CRA and authorized by the CRA. Therefore, I
am requesting the approved funding in the total amount of $ as approved
by the CRA.
The foregoing Payment Request Form was executed before me this
, 2007 by
owner of the property located at
day of
,who:
OR
is personally known by me
who has produced
as proof of identity.
Affix notary seal
Notary Public (Signature)
Print Name of Notary Public
Commission No:
My Commission Expires:
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant FY2008
11
COMPOSITE EXHIBIT B
Agenda Item No. 1681
March 13, 2007
Page 29 of 33
GRANT AGREEMENT BETWEEN CRA AND OWNER
FOR SWEAT EQUITY IMPROVEMENTS FOR
BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this _ day of , _ by and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRAil) and (hereinafter referred to as "Owner").
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, CRA Resolution No. 07-XX established the Sweat Equity Improvement
Grant; and
WHEREAS, Owner has applied for a Sweat Equity Grant III the amount of
dollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant award in the amount of dollars on
("CRA Approval"), which is 100% of the costs to construct
the improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Sweat Equity Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program.
2. Owner is the record owner of property described as
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated attached hereto as
Exhibit A and incorporated herein by reference.
4. Owner agrees to complete the construction of the Sweat Equity Improvements
within ninety (90) days of CRA ApprovaL Owner also agrees to provide the seat equity (labor)
to complete the improvements.
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant Agreement
1
COMPOSITE EXHIBIT B
Agenda Item No. 1681
March 13, 2007
Page 30 of 33
5. CRA has approved a grant to Owner in the amount of to be
administered pursuant to the terms of this Agreement based on an estimated cost of
. If the actual cost of materials are less than the estimated costs to construct the
improvements, the grant amount shall be reduced dollar for dollar in CRA funds; however in no
case will the cost of materials for improvements be less than $500.
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction of the improvements. An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees that all improvements completed do not require a Collier County
permit or permit from any other agency. Upon completion of the work, Owner shall submit to the
CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials and
construction techniques used, and any other information specific to the project or requested by
the CRA staff. The CRA, through its staff, shall confirm that the improvements were constructed
pursuant to the terms of the application approved by the CRA.
8. Within forty-five (45) days after confirmation that the improvements were
constructed pursuant to the terms of the approved application, Owner shall be issued a check in
the amount of the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within ninety (90) days of
CRA approval, or if Owner fails to make improvements of at least $500 value, the grant shall be
deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant Agreement
2
COMPOSITE EXHIBIT B
Agenda Item No. 1681
March 13, 2007
Page 31 of 33
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
frrst written above.
OWNER(s):
(1)
Witness Signature
By:
PrintedlTyped Name
Printed/Typed Name
(2)
Witness Signature
By:
Printed/Typed Name
PrintedlTyped Name
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
, Deputy Clerk
DONNA FIALA, Chairman
Approved as to fOlm and
legal sufficiency:
Marjorie M. Student-Stirling
Assistant County Attorney
COMPOSITE EXHIBIT B - Sweat Equity Improvement Grant Agreement
3
Agenda Item No. 1681
March 13, 2007
Page 32 of 33
<of) 1 ~ ~O'J 1-2,or
1lJ" IS" ~~
'"', '"
i C lUG .. ~ N ORDINANCE OF COLLIER COUNTY, FLORIDA CREATING
5i .r<<.N{t\ ~ A SITE IMPROVEMENT GRANT AND IMPACT FEE
,. tI.\A,nUt S ASSISTANCE GRANT FOR THE BAYSHORE GATEWAY
~~ fl"li TRIANGLE REDEVELOPMENT AREA; PROVIDING FOR
~ VJ..-tJ..... ANNUAL APPROPRIATION BY THE BOARD OF COU~TY ".,
-- COMMISSIONERS; PROVIDING FOR ADOPTION; PROVID'IN(j ,',
FOR ADMINISTRATION BY THE COLLIER coUIfi'v :;.,.
COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR ~l
INCLUSION IN THE COLLIER COUNTY CODE OF LAWS MID _."
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DAT~",
cr,-';
~:_'~
0::'"
~"'l '.l1
ORDINANCE NO. 2002- 38
-'f'1!
. i
I', )
;~1
::J
WHEREAS, Resolution No, 2000-83 was adopted by the County Commission on March
14, 2000 creating the Community Redevelopment Agency of Collier County. Florida (the
"CRA"); and
WHEREAS. Resolution No. 2000-181 was adopted by the County Commission on June
13, 2000 adopting a Community Redevelopment Plan (the "Plan") for the community
redevelopment area as described in that Resolution; and
WHEREAS, Ordinance No. 2000-42 was adopted by the County Commission on June
13. 2000. establishing the Redevelopmenl Trust Fund which appropriates "incremental tax
revenues" for community redevelopment purposes; and
WHEREAS. the County Commission desires 10 use a portion of the funds in the
Redevelopment Trust Fund for a Site Improvement Grant and Impact Fee Assistance Grant to
allow the use of tax increment funding for projects within the redevelopment area.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
Title and Citation.
This Ordinance shall be known and cited as the "Collier County Redevelopment Grant Program
Ordinance",
SECTION TWO: Annual Appropriation.
The Board of County Commissioners shall annually, during its budget process, allocate funding
for grant programs from the Redevelopment Trust Fund for the community redevelopment area.
The Board of County Commissioners, in its discretion, may adjust the amount allocated for grant
programs at any time during its fiscal year,
SECTION THREE: Adoption of Site Improvement Grant and Impact Fee Assistance
Grant Programs.
The Site Improvement Grant and Impact Fee Assistance Grant programs are hereby adopted. A
copy of said programs are annexed to this ordinance and adopted and made a part of this
Page I of 2
Agenda Item No. 16G1
March 13, 2007
Page 33 of 33
ordinance by reference. Either the Site Improvement Grant or the Impact Fee Assistance Grant
program may be amended by resolution of the CRA.
SECTION FOUR; Administration by CRA.
The Board of County Commissioners delegates the administration of the grant programs to the
CRA including. but not limited to, selection of recipients. contracting with owners and contract
enforcement. The CRA shall approve all applicants for funding after the Board of County
Commissioners allocates grant program funding for each fiscal year. The recipients of any grant
funds shall be required to execute an agreement in a form approved by the County Attorney's
Office for legal sufficiency and approved by the CRA.
SECTION FIVE: Conflict and Severability.
In the event this Ordinance connicts with any other Ordinance of Collier County or other
applicable law. the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional. such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SIX:
Inclusion In the Code of I.aws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County. Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION SEVEN: Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this :3 O\.!::: day of~'-~ .2002.
.................'.,"""" \\
"':-~~ < . 1~CCJ1;, .,' III
.:;-- ".,:~...:,>~,..'.."'..~lh... 'i,
- ..' .;.~.:... ., .I~,,:l._
_! :..;r.....""~t.:., \f~fr'llln'l
A11E~Ti .~_l~il'itur,e~"'J~ ~:
DW1Qyt e,,~ROCK'~t:'~,~ ~
", :.(.. -. t :.~ _: .: '.r. -J: t:) ;
~. oJ'.... ~ i.'it\ \ ...._~. t... :'
.>.4..r.,..~:!).~ .
~J ."".',. -- (
'It :'\h', ~: ,~...l.:....~....... ......-
BOARD OP COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
BY~
'JA~N. . mnan
Approved as to form
and legal sufficiency:
{lJJ hk1, ~~
HeliH F. Ashton
Assistant County Atlorney
h:HfAIOrd\CRA2002
Thla ordlnonce file''' '-"'lIlL
~" of State's OI'FitF.,
. of.a..c... z.--
and adINIwIecIge.(;ni 01 Ihell
flli~ ~"'-4,tt;:.. ~ do,
of_. ,
~',.,~ . . ~ 4b-",
,-- '-"l' C_
Page 2 of 2
Agenda Item No. 1682
March 13, 2007
Page 1 of 23
EXECUTIVE SUMMARY
Recommendation for the Community Redevelopment Agency to approve the purchase of a
vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA
residential in fill project; to approve payment from and authorize the CRA Chairman to
make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in
the amount of $90,000 plus cost and expenses to complete the sale of subject properties;
and approve any and all necessary budget amendments. Site address: Folio # 52700840000.
OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve the
purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a
CRA residential infill project; to approve payment from and authorize the CRA Chairman to
make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the
amount of $90,000 plus cost and expenses to complete the sale of subject properties; and approve
any and all necessary budget amendments. Site address: Folio # 52700840000.
BACKGROUND: Florida Statute 163.358 - "Exercise powers in carrying out community
redevelopment and related activities" - gives the CRA power to acquire property.
Florida Statute 163.370 - "Powers; counties and municipalities, community redevelopment
agencies" - delineates other powers necessary to carry out the purchase of property.
BCC RESOLUTION No. 2000-82 made a 'finding that a blighted area exists' in the Bayshore
Gateway Triangle area and that 'conditions are present in the Area that are detrimental to the
sound growth of the county and which substantially impair or arrest the growth within the Area,
and present conditions and uses in the Area are detrimental to the public health, safety, morals
and public welfare.. ..'
BCC RESOLUTION No. 2000-181 adopted a community redevelopment plan to correct
deficiencies. The applicable Redevelopment Master Plan sections cite:
1. Neighborhood Focus Program
o Acquisition of vacant and dilapidated sites (page IX-6)
o Demolish dilapidated and unsound buildings (page IV -20)
2. Bayshore Neighborhood Focus Initiative (NFl):
o Bayshore Drive consists of several residential streets and loops extending from
both sides of Bayshore Drive. As a neighborhood it is defined by and will take its
character from the improvements planned for Bayshore Drive. The potential
catalytic effect of the Bayshore Drive Landscape program should be
supplemented by NFl activities as presented on Illustration IX-14 (Exhibit A):
· Site acquisition and infill housing (Illustration IX-14)
· New multifamily housing (Illustration IX-14)
· New single family housing (Illustration IX-14)
-
CONSIDERA TIONS: As cited in the Bayshore Gateway Triangle Master Plan, there is a
provision for the creation of CRA programs to remove substandard or blighted homes or acquire
Agenda Item No. 1682
March 13, 2007
Page 2 of 23
vacant lots and facilitate the construction of new housing that meets Collier County codes.
Working with the Local CRA Advisory Board, CRA staff identified stressed locations that had
high crime rates or multiple Code Enforcement problems and blighted neighborhoods where
substandard or aged housing existed. Following the example of other CRAs throughout the state
of Florida, a local program was developed for an older Bayshore Drive neighborhood zoned
mobile home. The Neighborhood Focus Initiative program objectives are:
1. To acquire mobile home lots (with or without trailers) from willing sellers,
2. Demolish existing structures,
3. Prepare the site for new construction,
4. Advertise to the private sector a Request for Proposals (RFP) for each lot,
5. Provide selected floor plans that meet the Bayshore Overlay Design Guidelines,
6. Select qualified builders to construct new housing that meets code,
7. * Offer builder incentives, if necessary,
8. * Market new housing at workforce or gap priced housing,
9. Require new housing to be deed restricted as owner-occupied housing.
* NOTE: The CRA has applied for a Community Development Block Grant (CDBG) through
the Collier County grant office. If awarded the CDBG Grant, portions of the funds will be used
to satisfy objectives 7 and 8 above.
--
The CRA commissioned an in-house appraiser to assess the mobile home site in the
Neighborhood Focus Initiative area (a blighted area). On February 22, 2007 the property was
appraised at $90,000.
On January 31, 2007, Ms Cynthia Odiema offered to sell the CRA the vacant lot for $95,650.
This offer was presented to the CRA Board on February 27, 2007 and was rejected. By motion
the CRA Board offered to purchase Ms Odierna's vacant lot for appraised value $90,000. Ms
Odierna has agreed to sell the property for $90,000.
It is in the best interest of Collier County, and in particular of the residents of the Bayshore area,
for the CRA to acquire this property, construct new housing and resell the residence as work
force/gap housing. Presently the Land Development Code allows an owner of a mobile home
zoned lot to install a replacement mobile home unit. Replacing mobile homes with new
construction assists in the implementation of the Bayshore Gateway Triangle CRA Master Plan's
Neighborhood Initiative, increases the residents' quality of life and constructs a higher quality
home within the Coastal High Hazard Area (CHHA).
Therefore, the CRA Local Advisory Board recommends the CRA Board approve the purchase of
the subject property with CRA Wachovia Bank Line of Credit funds (to be repaid with CRA Tax
Incremental Finance (TIF) revenues) as part of a residential infill project removing mobile
homes and replacing them with a foundation home built to current building codes and resold as
an owner-occupied workforce/gap housing unit).
-
FISCAL IMP ACT: Funds in the amount of $90,000 plus cost and expenses to complete the sale
of subject property (title insurance, attorney's fee, closing services and recording fees) are
available in the Bayshore Gateway Triangle CRA Wachovia Line of Credit. A budget
Agenda Item No. 1682
March 13, 2007
Page 3 of 23
amendment is needed to recognize the draw on the CRA line of credit and expenditure for the
purchase of subject property. Source of all funds are Fund 187 tax incremental finance revenues.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, including the Bayshore Gateway Triangle CRA. This property is a part of a
targeted Neighborhood Focus Initiative and this purchase is consistent with the Bayshore
Gateway Triangle Redevelopment Plan as documented in Exhibit A.
RECOMMENDATION: That the Collier County Community Redevelopment Agency:
1. Approve the attached Purchase Agreement;
2. Authorize the CRA Chairman to execute same on behalf of the Board;
3. Authorize the CRA Chairman to make payment of all costs and expenses necessary to
close the transaction from the CRA Wachovia Line of Credit;
4. Accept the conveyance of the properties via Warranty Deed and authorize the Executive
Director or Assistant County Attorney to record same in the public records of Collier
County, Florida; and
5. Approve any and all budget amendments required.
Prepared by:
David L. Jackson on February 28,2007
Executive Director, Bayshore Gateway Triangle Community Redevelopment Agency
,.-
-
Item Number:
Item Summary:
Meeting Dlte:
Agenda Item No. 16G2
March 13, 2007
Page 4 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1682
Recommendation for the Community Redevelopment Agency to approve the purchase of a
vacant residential (mobile home) lot in the Bayshore area of the eRA as part of a CRA
residential infill project; to approve payment from and authorize the CRft, Chairman to make a
draw from the Bayshore Gateway Triangle eRA VVachovla Bank Line of CredIt in the amount
of $90,000 plus cost and expenses to complete the sale of subject properties: and approve
any and all necessary budget amendments Site address: Folio # 52700840000
3/13/2007 9:00:00 AM
Executive Director
Date
Prepared By
David Jackson
Community Redevelopment
Agency
Bayshore~Gateway Redevelopment
2/28120075:09:30 PM
David Jackson
Executive Director
Date
App roved By
Community Redevelopment
Agency
Bayshore~Gateway Redevelopment
2128120075:59 PM
Approved By
Administrative Assistant
Date
OMS Coordinator
County Manager's Office
Office of Management & Budget
31212007 9:32 AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
31212007 2:00 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
312120074:06 PM
AGREEMENT FOR SALE AND PURCHASE
a~"1 No. 1682
. ch 13, 2007
age 5 of 23
/
THIS AGREEMENT Is mace and entered into by and between CYNTHIA ODlERNAC 'l1
(hereinafter referred to as "Seller"), and Collier CountrRedevelopment Agency, a ~fI
political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"),
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property located at No
Address- Folio Number: 52700840000, Naples, Florida 34112 (hereinafter referred to
as "Property"), located in Collier County, State of Florida, and being more particularly
described in Exhibit "A", attached hereto and made a part hereof by reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
CI() undertakings of the parties hereinafter set forth and the sum of Nine Thousand-Five-
~~URgfQd Sixty Fi...e Dollars ( , ' ,to be placed in escrow by Purchaser within
twenty (20) calendar days after approva by the CRA Board of Directors the receipt and
sufficiency of which is hereby actmowled d, it is agreed as follows:
rn '1",o-",~
I. AGREEMENT "-::::---- /
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Ninety
Five Thousand Six Hundred and Fifty Dollars ~ga,SSO.aOr.-(~Currency)
payable at time of closing. ~ ia 600 ~ ~
)
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before May 3, 2007, unless
extended by mutual written agreement of the parties hereto. The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami
Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit,fl as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
co
Agenda Item No. 1682
March 13, 2007
3.0114 A W-9 Form, "Request for Taxpayer Identification and Page 6 of 23
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amou~t equal, to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to ~he
commitment referenced in Section 4.011 thereto, and the TItle
Company is' irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3,0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed. in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(AL T A Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title. except for liens or monetary obligations which will
be satisfied at Closing. SeUer. at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
---
Agenda Item No. 1682
by Purchaser to accept the exceptions to title as shown in the title March 13, 2007
commitment. Page 7 of 23
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida.
No adjustments to the Purchase Price shall be made based upon any change
to the total acreage referenced in Exhibit "A", if any. Seller agrees to fumish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
4.014 Seller agrees to convey all properties vacant and free of all tenant
occupants on or before the day of closing. Buyer has the right to inspect all
properties the day of closing to confirm said vacancies. Failure to convey
properties by Seller as vacant will cause delay of closing.
V. APPRAISAL PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement
(Appraisal Period), to obtain the required appraisal(s) in order to detennine the
value of the Property pursuant to the requirements of Florida Statutes 125.355.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
the independent appraisal(s), Purchaser shall deliver to the Seller within thirty
(30) days from the expiration of the Appraisal Period, written notice of its intention
to waive the applicable contingencies or to tenninate this Agreement. If
Purchaser fails to notify the Seller in writing of its specific objections as provided
herein, it shall be deemed that the Purchaser is satisfied with the results of its
investigation and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to tenninate this Agreement copies of the appraisal
reports shall be furnished to the Seller.
5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph
2.01 exceeds the average of two (2) independent appraisals, if obtained, the
Purchaser is required to approve the purchase by an extraordinary vote. If such
vote is not obtained, then this Agreement shall terminate and the parties shall
bear their own costs.
VI. INSPECTION PERIOD
6.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to detennine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to tenninate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article VI shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property. Seller has the right to mediate any inspection issues. Buyer and
Seller agree that either party may tenninate this agreement if no agreeme.nt can
be reach for satisfactory remediation of said property. SeUer has the nght to
Agenda Item No. 16G2
mediate any inspection issues. Buyer and seller agree that either party may Ma~ch 138 2f~~
terminate this agreement if no agreement can be reach for satisfactory age 0
remediation of said property.
6.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty four (24) hours prior to said inspection of the
Property.
VII. INSPECTION
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
IX. PRORATIONS
9.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2007 taxes, and shall be
paid by Seller.
X. TERMINATION AND REMEDIES
10.01 If Seller shall have failed to perform any of the covenants and/or
agreements contained herein which are to be performed by Seller, within ten (10)
days of written notification of such failure, Purchaser may, at its option, terminate
this Agreement by giving written notice of termination to Seller. Purchaser shall
have the right to seek and enforce all rights and remedies available at law or in
equity to a contract vendee, including the right to seek specific performance of this
Agreement.
10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one percent (1 %) of the purchase price
shall be paid to Seller as liquidated damages which shall be Seller's sole and
exclusive remedy, and neither party shall have any further liability or obligation to
the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof.
The parties acknowledge and agree that Seller's actual damages in the event of
Purchaser's default are uncertain in amount and difficult to ascertain, and that
said amount of liquidated damages was reasonably determined by mutual
agreement between the parties, and said sum was not intended to be a penalty in
nature.
10.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement. the party prevailing in such litigation or
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs
for appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose.
10.04 The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take into account the peculiar risks and
expenses of each of the parties.
Agenda Item No. 1682
March 13, 2007
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES Page 9 of 23
11.01 Seller and Purchaser represent and warrant the following:
11.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
11.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
11.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed
to the said Property shall not be deemed to be full performance and discharge
of every agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this Agreement.
11.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or
other governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
11.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
11.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
11.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
11.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any govemment~1 body
has been served upon Seller claiming any violation of any law, ordmance,
Agenda Item No. 1682
code or regulation or requiring or calling attention to the need for any work, M~rCh 130 2?07
repairs, construction, alterations or installation on or in connection with the age 1 0 23
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied.
11.019 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property.
11.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
11.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
11.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statemenr) reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and aU costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
11.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XII. NOTICES
Agenda Item No. 1682
March 13, 2007
Page 11 of 23
12.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by registered, or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Collier County Redevelopment Agency
Bayshore/Gateway Triangle
c/o David Jackson, Executive Director
2740 Bayshore Drive
Naples, Florida 34112
With a copy to:
Ma~orie Student-Stirling
Assistant County Attorney
Office of the County Attorney
2800 Horseshoe Drive
Naples, Florida 34104
If to Seller.
~/^f1-.' ~ Od( er/lS
;/;- ~JCJ~ C,.#-;)<J.)....
/J cy:J (eJ- pc.. :; *0 ~
p-3C?) )'116YS]
12.02 The addressees and addresses for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
XIV. MISCElLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
14.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
SeUer as soon as it has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
Agenda Item No. 1682
March 13.2007
14.05 All terms and words used in this Agreement, regardless of the number and Page 12 of 23
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
14.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the CRA Board of
Directors of Collier County, Florida.
14.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any fonn of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286. Florida Statutes.)
14.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XV. ENTIRE AGREEMENT
15.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation. warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Agenda Item No. 1682
March 13, 2007
Page 13 of 23
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
CRA BOARD OF DIRECTORS
COLLIER COUNTY, FLORIDA
BY:
. Chairman
, Deputy Clerk
AS TO SELLER:
DATED:
BY td.~ OJ/C---
nature Seller
C~/}1nI?;
rint Name
oJ/er/'7~
Seller
Approved as to form and
legal sufficiency:
!1v~ i~ '6Dl. t'tuflP-4 - ~
Ma~o Student-Stirling
Assistant County Attorney
LAND APPRAISAL REPORT
FileNo 0011
_.. COLLIER COUNTY 1 BUYER
Prq>erl)' Ad4ma TAX ID#527oo8400oo VAN BUREN AVE
CilY NAPLES COOIJ1y COLLIER s....
upl D<saiptioo KELLY PLAZA LOT 23 ___
SoJc:Prioc$ 90.000 Do1cofSoIe 1I20QL.._l.oooTerm _ yrs. Propenyki8bUAppniJed OOF.. ULcasebold UDeMin.imJsPUO
Actual ReaIEsull:T.... $ 600 EST (yr.) ~ <baqj<s to be paid by..u.r __._._ Olher ..I.. <OlI<mio.. NIA
1"'letIdeI'lClieDl COLLIER COUNTY GOVERNMENT Add.... 3301 E TAMlAMt~TI.- NAPLES FL 341.1.7
0<.".,.... CYNTIIIA -- .-.~.::::.;:- ROO EVPT T r N/A
Lo<alioD .K U!bu _ Suburbu _ Run! GJ!!!d ~. ~ P..!!'!'
BudtUp 0 .K Over 7S~o _ 2S~.to 75% _ UDder 25'1'. Employment Stability .x _ I-- _
Growlb RaIe FuUy Dev. _ R.pid .K S'e.dy _ Slow Convenim<:e '0 Employ..... .K _ r- _
Property Values _ loct<aSing .K Stobie _ De<tilWll Convenienc:e to SboppioJ _ X I-- _
DemanclISupply _ _I< .K In _ _ Over Supply Conveni<n<e to S<hools _ X I-- _
M...etina T.... _ Ulldet 3 Moo. .K 4-6 M... L- 0"",6 MOl. Ad.quacy to Public T....p<>rtotioa _ X
PrCICId ~ ~. I FaruiIy __._ 't,. 2.... Flmily _ ~. AptJ __ .;' Condo 1-- .... Commercial Recreatiooal Facilities _ X
Land U..: _. _ o..lndllltrilll 1.;11--0" Vocaot ~D'" . ----,---r------ '._ Adequaoy ofUtilitiea _ X
Cbange in _ Load U.. i.XJNot Lil<eIy Ukely L-JTakini PIo,e(O) Property COOIpotibiJily _ X
(-) From To ___._ Protection from Detrimental CooditiOlll _ X
_Occupon<y [KJOw;':--'---' UT..... _.....____%V.cont PoU", and Fite P...eetion _ X _
Sin8leFumlyPric:eR_ $__ ._.J50toS ~50I'1edomin...V.j..S 12-G......1Appeal1lllt:.ofProperti.. _ X _
SinPc Fumly AI< ~_ y... to ~__ yrs. Pre<lollli.... AI!" 20 __ . yrs h.._' '0 .._~.. X
Coamenlo "",Iud"'g ......""or.I. favorable Of unIilvotoble. afreClUll! muto:etobibly (,.g. publ" pub. ",boals. VIew. oois,. THF;_~V!lJECT PROPERTY IS_1OCA TED CLOSE
10 PARKS, RETAIL SHOPPING. 6...J\!.I:)_lli~_GOVERNMENT CENTER. .!'J~WER HOUSING PUD WII.tIIJ.'! TWO MILES AND_COMMERCIAL
REINVESTME.lIT THROUGH OUT TIlE MARIq':T AlffiA. ,. ._. .
Census Tract
107.01
Map Rerer....
_ Zip Code
SAl\~end~ ItAm No.
March 13
Page 1,
34112
1682
2007
of 23
~
-
-,
-
-
-
-
-
-
I--
I--
I--
~Ga'
~ w.ter
Sm. Sewer
DtmclIsions 40 X 100 __ _..__.. __
Zooing C_ri(ll RESIDENTIAL I MH-R3
Higbestaod Best Use, 00- u..'--"h~r(s-",,\
Public OdIet(n.scnbe) OFF SITE IMPROVEMENTS Tope .sl-IGHTLYE.LI;:V,',:nm_
~' _._.._ ______ Street Address: OOPublic OPfl"" Size TYPICAL FOR THE AREA___ .._
Sur&o:e ASPHALT SIuIpc RECT ____...__________
X ---- Ma'~'F ~::'o~"- IKJP~~, UPnva.. View RESIDENTIAL .... n.- ---
X X S,OTTlI Sower ~CwblGutter DflIinoge APPEARS TO. ~_l':. AQ~Q. .. ._
Undergr~-E~.~-;I~ Is the pro~' loc'led U'I a HUD Identified Special Rood Hazard Ace.? OONo U 'l~'"
C........ (favonble or ...favorabl. including any .pp._ .dvcne ........... t:n<:roocbments Of other .dv.... o:ondm... NO SURVEY IS A V AILABLE AT THE TIME OF THIS
APPR,&S_~HOWli.~_:[H..E1lli.Mpl':ARf> TO J.3P_.NOAl)~E..EAS..EMENTS. OR ENCROACHMENTS OTHER rnAN-n:~t;:M-"!}TILn
EASEMENTS.
.___4.00Q -r.;-]X 00-- --- UCol1letLol
Prescut Improvements ~ Dno }o..~ol Conform to Zoning Rq,'Ulations
Ell!(;.
'l"be UDderslpet hu cealed 1hree ream nles ofpropertics most mlar and prOxUnllt 10 the subject.and bas 10 be cOOIldcred these in tbe market maJysis. The descnptioo includes I doUar
adjuslmeat reftecting market ~actioo 10 those items of Significant Vlriation between the subject and comparable properties. If 8 l&ipUllUIM Item In the comparable propeny is
~uperior [0, or more favorable than subjec( property. a minus (.) adjustment is made. thus reducing tbc indicalcd value oftbe subject; If a Significant Item in the CORlplfBble is
i.",;'" M ~.... "'V u'''"''' .,........ . nh.,,+ .
IiEM Sob'eeI Pronenv
Addresa #52700840000 VAN BUREN AV
NAPLES FL 34112
COMPARABLE NO. I
COMPARABLE NO.2
COMPARABLE NO.3
Proximitv to Sub'ect
Salea Price
Pric, SI"".Fl
Dlta Som:e
Date of SnIe and
Tune Adjustment
:: l.ocation
! SiteNiew
i LOT SIZ~.
· CLEARED
lITILITIES
4053 HARVEST CT 3979 HARVEST CT
!'IAPLES FL NAPLES FL
3 BLOCKS SOUTH__n_ 3 BLOCKS SOUTH
90 000 IL _ .U7.Jl00 Is
._.._____22.50 $ 0 $
n T AX 1D#5}~5~Qg.oQ!lQ. TAX 10#53352240002 _ _ .
_-----PES<;ll,IITI.9R__ ~K.~ITl9li._ .._ + (-) A!!i.~'!! DESCRIPTION + 1_' Mus......'
. Y2_007 6/2006 3/2005 ___,_ __
BA YSHOR!::_~BJ.j.A BA YSHORE _on IM,YSHORE
.OOOSF I Rl?S.. 4.000SF I RES __ __. ___ 6.098SF 1 RES
.09 ACRE.. ,Q?ACRE __ ..14 ACRE
LEARED ..___ ENCUMBURI::I2 -22 000 CLEARED
llIIl.:mES A V AILAB A V t.JLAJ.3!,,1; A V A!1,o.BLE._ . _ _______
4021 FULL MOON CT
N...I>1.E.;~_f:L____________.
2 BLOCKS SOUTH
120.0001$
o $
IAXJP#53350520009
113.500
o
DEJi.QUPTIQ!i. .-
1/2006
BA.Y$..HQRE
___ _h 4.000SF I RES
-30.000 .09 Ac:RJO
ENCUMBURED
A V AIL@l-.!L_
.:!cJ -l6!!i!!!l!!>!'!!L
-22.00Q.
.....
S.Jes ... Fioacing
Cooce!Sions
Net Adi. (TolIll
ASH
CASH
CASH
----:22,000 I Iplus I X IMinu;l$ .
CASH
I IPlus X IM.,us 1$
-30.000 I IPlus I X IM;~'< 1$
I.
.22.000
lndiCflted VaIlIt
ofSubiect 90000 90000
c............ MuketData FLOOD ZQNE AE 120067058~.LDATEI>_;U1611995 CURREN"[ O\\INER CYNTHIA ODI!'RNA..
~JUJBJECT PROPERTY.!S .LOCA TED S OF J A~A.M!.TRL E AND E OF BAYS!:lQR!'J2!L___._ . ..._
91 _110
COIDIl1<IIlS and C01ld..... of AppnllSllt: gSJIMA TED VALUE [S . A~ IS. NO ADJUSTMENTS t.1AQE FOR MARKET l::I~_PUE TO CURRENT
MARKET CONDITIONS. ALL MARKET DATA CONSIDERED BEST AVAILABLE _.
FinolRecon<ihation: toLL MARKET A<:;.I\.YITY INCLUDING .ACTIVE LISTING ANQ_CLOSED SALJ.jS ARE TAKEN INTO CONSIDERA nON
ADJUSTMENTS ARE GIV~ A CONTRIBUTORY VALUE.
I ESTIMATE TI-IE MARKET VALUE. AS DERNED, OF SUBJECT PROPERTY AS OF
~,!~_ROOSEVELTLEONARD ~../_
PEB 20, ~007 __..
_. __._.10 be S 90.000
t?~~......ffB 22._200Z ___ - -----
~Certiicatioo.._.__.._.__ _. _~__~ _~ j;tJte ~_
Of s.... Licens. ~ RDOO03287 Sute
.om>. FW-6Il 120112
R~viewADD!3j,ser(IfaDPlir.;ll~L-._ _._ _ __."__" ~
~ ~c! 'Not Physically lnspec1 Property
=:~==.'~.~=.:,=_..=-=_~-~ Sta~=
or State License #I State
fItJwenad aJ O. . . .
Agenda Item No. 1682
March 13, 2007
Page 15 of 23
STREET SCENE
-..
~;::~-:---~. ::~~~~~
:-"i-:1.fie,
FRONT VIEW OF VACANT LOT
Agenda Item No. 1682
March 13, 2007
Page 16 of 23
~;;.. . .
~N1 .' ~ll: I u~.-.~;' ._~ .-....'">~~;'~gJ :~~F~i:~~m.i' T ,;' -TT~~:.;' ---~
~: !!l:. IN ~ ~~"i '- il ~'. J:~-=L<J.A.~\~T__ R1l1~ /UnRIH1 R'-""- ;T~~I ,,~~~
" !:..... ~~J"~~J :;" r;-r.~6R )~~~" -ll..'".:!'~.-~ii;~i FOX~ "..~- ~ ~
'''6 !l...l:.!. I....~~, dl;i:it O.:!.! .;\ .-'*... .p ... "~i ~ ; I!
t I 11='11011 \lJl(f. A~\ ~ laW . "TIY ~\ IN fI II ~.. a ~ <r I II-- [J
.~ .~I f'~~/::\~ ~il.~l.~'~'~~: .rl ~~ N:~ ESt'TES. JI LA-~J~f K. ~ I~
~.~!s ~ ~DEN's~fJ =~ ~ ;:- ~ M.I .~A~ i r .
I A" . '. ~J-: Napl';' r ~ ~ Ii """"'" r.:: ..........!7'.. IlfDr> CR j
- III &~. I, _ ~ I. ~~,. ~ i!;
~~ ,.J OYSTER~ , ....., Gl.AIl!S I BL! ~., "; If
,.. 1.:o..T OU.....O .. w ' 1 lml ii'..# ... Ii iii ~ '-Jil.. Ii. " '
~ 0 ~!
.. 'sl - ....NDlNO :::, ~~;m "'''' S'lJ<lJOJi!12 "'- ki"~ ''"- I~.~
' s ~. 10 \ 7i/ ~ I...,. ,:Au", t1 7 Ii"'
/<II .. O~COVEINNCOMI't.D-; ~ .. 'III ..... - , .:;n., ~ It,.
s ,J:'oui ClTVDOCK - - t' ~ ~ I ......Dow....w!.L:l'lC"'~i!itli~ ---:;: LA,~ L I:< \ '"
o#i' . C5' AQUALANE....- ' .ou.~ TH ~I~ ~!~~
III--'s.. SHORE, m; "1,__ ", $I .AT! ..... GLAD '9//" !i P oct j ,$
" -"'_: . , . ~ PlAZA " CDweR _~ ~, i! LA W ST
i-l" 'CA~ .c."'}. ~ l' IN Cl<>V'T~.~ N 0 I ,~, CR WN ,.,",,,
" ! AV : -.~:.~ '" I~_ Bll)' ~E'" -rA ~ AL IHr 41 r~"y,.;;\ i 4( ~m ~ ~ PO NTE ~='
~v ll:o-'l~. "I!ii!";:; t:l:1....a 1 .CDC.... ""CT THC~.....,.8 ;j)11I...., ~ I 5"'" at; On- l~ ........---.......
(A'" !!I !!l - ~. ~dI!:...- ''''''''''-",. r... ",- r -.:-
.J" ~~':...<r..i -'ft. f;~:r;VJ\~~~~ ~ cr-'" !~ ---~ J::~~', ~r,t.,,~-H""~~'" DR :1i&~7' I
"I~" /J ~"'!.\ ~, ._~" << ~ ce",,;.':. KE'O DU 'ss' , C=l" 0;. I!
j i r.. ~~I~ L~ .1{,o(.l\\,_' ........~" ... 'I> ....".... KI!W D ~ ~
16~ [) L_.,.'. 5p::~'~\'/j,;:..11.._:t~.. , -~. ~l ~ - ,~~i I.J~ ~i~~~~
~ II ~ ~ OVAL / ~""DO """'~a ~'9i.... !~~Sr...
"'" ~.:)I;:.; ~ ,_m ._.. ~~ I'. ; ~ 7 E ~ DO '
i1l ~"'iiio"~ ~- ~ l~':1lW i" r~ tI ,. "~LO~~ '~ VI tN- ..." ~
'U"~"J ~:.. .~~ :~':.Cl :/. '" l!!' "'~ES.s! "...'.1;. S~C" ,--=---'
F. (my -:. r~ , ~ ... = . i ~ .. ~ !fIJ ~ \ ,...1 LA DR,
lil ~l' '" ~~i\-;;'" P ". ,.. .' '" "'SU~:r .-I! ....., '... Am<: OR ~ .. " . '=
~'l' Q.:r. ~ :;; , flDlO' itHOM In' ~liIr~ ... 3 !$
~f =- i ,\~ AY!IHOR coo.... ~ lIl>RACE COM:!lcH.
~~._ ~F~ _. -..." . . :...~~ ~I !IIC; C AG!GRCM" THOMASSOlt~ OR'll ,.,,, ......,coo':s'rlJ'. G
,..,.,,;,;;: 3. ~ 1!G.,II",. i Al-€".).'I ~~':;;'!I~; -I.. ""u" ~ AVALONES ~~ N"PLE~ lac"",.. ~~'Q,
...CT\ I~'~ ~ 0,..., _M.....~~ CLUB D' 'Ii "::::"'1 "":':":'_USTMAPLES ~~H PLAZA .,.""'1:' ~~ '"...... ,
10. V _' . :r NAPLES ~ 'ta. "'(:::e::; ~f:S ~ ~o#J
\ }..;r i) tE ~ /, i ! Ii> ~AC" CLUB GutFE.A'~' ~}"to" ,\~,:j~' .:Xl~9 ~ \\.~
\ .l..~&,l o....,,~? I..wW~tt 23 c ~~~ ~~
I ,.l:ll ~.:-..LIA~ ill/rbo r_:~",,~D&TRA"1 ~~ 24 UI.ARY. " ~~<"l
;coJE 'rARAIlEW PARAD!!, . H..,,{, W~SI~V ~ I~~ ,
'CLUB C----------..- (:l3' h ..t1~LV,,_
l ' ~). AJmirnltyBay, r,,;V ,,~ ~
0. ) 3' ~
e~ I ""
, r:-------- '---;:J I , : w..
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drm-; :, "!ARY . !' \~ " ;c
r ' :'/ I
\ .,;>.1 Key ) '.J/ /
8' o,L'O' "'.,''''
! KEEWAYD~r i":'-:;=
ISlAND (\.f -)
~
26
25
30
c~
~ .....
~
fiJ/lr
C BG)
,. / ,:
\.{i;~ ..'.F~~ lCS:r-
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"(1': ~"'~'(i\ N"jr-'-.:,'
34113
1W'!!e
M
MYRTLE
COVE
ACRES
.. .:....::1.?. ;;.... I .,.
, ",ttl-f~ '~""l ' .
,
I
I.
Agenda Item No. 1682
March 13, 2007
Page 17 of 23
APPRAISAL AND REPORT IDENTIFICATION
This Appraisal Reporlls one of the following types:
o Sa" Contained (A writ1en report prepared untler Standards Rule 2-2{a), persuant to the Scope of Wori<, as disclosed elsewhere In this report)
g) Summary (A written report prepared under Slandards Rule 2.2(b), persuant 10 the Scope of Wort<, as disclosed elsewhere in this repolt.t
o Restricted Use (A written report prepared under Standards Rule 2.2(c), persuant to the Scope of Wort< as disclosed elsewhere in this report.
restricted to the staled intended use by the specified clienl or intended user.)
Comments on Standards Rule 2-3
I ceIlify tI1al, to the best Of my knowledge and belief:
- the statements Of lac! contained in tIIs report are true and correct
- the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limting conditions and are my personal, i'llpartial, and urbiased professional
analyses, opinions, and conckJsions.
- Illlve 00 (or the specified) presert or prospecfjve interest in the property that is the subiect of tlls report and no (or lhe s~c~ied) personal interest wrth respect 10 the parties
involved.
- I have ro bias with respect 10lhe property Ihat IS the SUbject of Ihis report or tc the parties involved WIth this assignment
- my engagement in this assignment was not com in gent upon developing or reporting predetermined results.
- my compensation for completing tlls assignment IS not contingent upon the development or reporting of a prellelerITllned value or direction in value that favors Ihe cause 01 the
ciert, the amount 01 the value opinion, the attainment 01 a stipulated reM, or the ocCtJITel);e of a subsequent event direc~y related 10 the inteMed use 01 this apprillsal.
- my analyses, opmions, aoo cooousions were developed. and this report has been prepared, In conformity w~h the Uritorm Standards 01 Professional Appraisal Practice.
-I have lor have nor) made a personal inspection of the property that is the subject Of !lis repo~. (ff more than ore person signs ttis certification, rhe certHication must clea~y
specify wJich indiviiluals did and wtdch individuals did not make a personal inspection 01 the appraised property.)
- no one provided sgnrticant real property appraisal assistance to lhe person signing this certification, 01 there are exceptions. the name 01 each lIldll'ldual providing slgnfficant real
property appraisal assistance must be stated.)
Agenda Item No. 1682
March 13, 2007
Page 18 of 23
>> EXTENT OF THE APPRAISAL PROCESS (SCOPE OF WORK}:
Legal description of the subject property was supplied by client or determined from public records, or both, and is
assumed to be accurate. No additional verification of legal description was made by appraiser.
Unless noted elsewhere in the appraisal report, the primary appraiser signing the report has made an on-site
inspection of the subject lot If the subject property or development is proposed or under construction, site
description, project spedfications, brochures, or subdivision docs supplied to appraiser may have been used to
ascertain property details.
Data in the appraisal may be collected by the appraiser from a variety of sources including, but not limited to: public
records, MLS services, or other identified sources, as well as inspection of the subject property and neighborhood.
The original source of the market com parables used in the report is shown in the Data Source section of the market
grid along with the source of confirmation, if confirmation is available. The original source of the data is presented
first. The sources utilized for data within this report are considered reliable. When conflicting information was
provided, the source deemed most reliable has been used. Data believed to be unreliable was not included in the
report nor used as a basis for the value conclusion.
The Reproduction Cost is not applicable in the valuation of a single vacant building site and was not included in the
appraisal for that reason.
Vacant single family homesites are not typically held for rental and therefore the Income Approach is not considered
to be meaningful in the valuation of a residential homesite and therefore the Income Approach was not used.
>> INTENDED USERfSlIRELIANCE ON THIS APPRAISAL BY OTHERS:
This appraisal was performed at the request of, and for the express use of, the Lender/Client indicated on page one.
Reliance by others shall be limited to the intended purpose of the original client which was for possible purchase of
subject by County Government. Any other use of this appraisal shall be deemed an unauthorized use.
>> ELECTRONIC SIGNATURE STATEMENT:
If this appraisal has been transmitted electronically or via PDF file, the Appraiser acknowledges as follows:
The software utilized by Appraiser to generate the appraisal prote~ the .ap?raisal integrity and .slgnature security
by means of a digital security feature with password for each appra1ser slgmng the report. If thiS. ~eport has been
transmitted as a PDF file Adobe's Distiller software, with password secunty enabled, has been utilized to create an.
encrypted pdf-formatted/appraisal. This software secures data from editing by means of a password that remains In
the sole control of the transmitting appraiser.
For any appraisal delivered electronically, the Appraiser Is only responsible for the inte~rity and authe~tidty of data
. and signatures if the appraisal has been delivered directly to the client from the Appraiser. The Appraiser cannot be
held responsible for any breach of data security or failure of the data mtegrity if the file has been passed on to a
third party once It has left the Appraiser's control. Such third party dlents are adVised to confirm that they have
received a true & correct copy of original appraisal. .
form TAOO - "WinTOTAL" appraisal software by I II mooe, inc. - HIOO-ALAMODE
Agenda Item No. 1682
March 13, 2007
Page 19 of 23
Introduction
The Florida Legislature created Collier County in 1923 from portions of lee and Monroe
counties. It is located on the southern gulf coast of the Florida peninsula, due west of the
Miami-Ft. Lauderdale area. Naples, located in the
western and coastal area of Collier County, is the
largest of the 3 incorporated cities in Collier County.
Everglades City lies south and east of Naples and
recently incorporated City of Marco Island lies south
along the Gulf of Mexico.
Collier County contains approximately 2,025.45
square mites of land area. The climate of Collier
County is sub-tropical. The average annual
temperature is approximately 75 degrees, with
January having an average temperature of 67
Collier County, FL degrees, and in June, an average of 82 degrees.
Freezes are not common in the area, although
"jacket weather" does occur periodically during the
fall and winter months. Rainfall averages about 54
inches annually with much of the precipitation
occurring during the summer months. The yearly
rainfall and year-round mild temperature enable agriculture to be productive throughout
most of a typical year.
Collier County Government
A five-member Board of County Commlssioners elected for terms of four years governs
Collier County. Each commissioner represents a particular district within the County. The
Board of County Commissioners hires a County Manager, who heads the County
govemment staff and departments. [It is the function of the County Manager's office to
head the daily operations of the government in providing quality services to our citizens.}
Profile Overview
The 2003 Collier County Community Profile describes the demographic, economic and
social characteristics of Collier County. The data includes existing conditions, projections
and trends, as well as comparisons of Collier County with the State of Florida and other
counties.
A number of maps exist for planning purposes and the public. The County is divided into
12 different planning communities. This, in part, allows for a more structured monitoring
program on the development of the County, and allows for smoother implementation of
the County's Growth Management Plan.
COLLIER COUNTY 2003 DEMOGRAPHIC AND ECONOMIC PROFILE Page 7 on1R~
Agenda Item No. 1682
March 13,2007
Page 20 of 23
Demographic Characteristics
The census count grew from 85,971 to 152,099' from 1980 to 1990 with a percent
change of 77%. The census count grew from 152,099 to 251 ,3772 from 1990 to 2000
with a percent change of 65%, while the State grew by 24%. and the U.S. grew by 10%.
The County has an estimated population density of 131 persons3 per square mile. From
1990 to 2000, Collier County's permanent population increased from 152,099 to 215,043
with a percentage increase of 42%.' The annual growth is 5% and is anticipated to
continue at approximately the same rate for the foreseeable future.
In 2000, the U.S. Census reported Collier County's median age at 44.1 years, compared
to the State's median age of 38.7 years, and a national median of 36.1 years.~ A
significant age disparity exists within Collier County. In 2000, the average median age
within these selected Collier County coastal communities of Golden Gate City,
Goodland, Lely, Naples Manor, Naples, Pelican Bay and Naples Park was 48.4 years as
compared to the inland farming community of Immokalee. which had a median age of
24.7 years.&
Notes:
, Source: University of Florida, Bureau of Economic and BUSiness Research, The
Urbanization of Florida's Population: An Historical Perspective of County Growth, 1830-
1970, and Florida Population- Census Summary, 2000. Data from U.S. Bureau of the
Census., p 17.
2Source: University of Florida, Bureau of Economic and Business Research, The
Urbanization of Florida's Population: An Historical Perspective of County Growth, 1830-
1970, and Florida Population: Census Summary, 2000. Data from U.S. Bureau of the
Census., p 19.
3 Source: University of Florida, Bureau of Economic and Business Research, Population
Program, Florida Estimates of Population, April 1 ,2001. Census data from U.S. Bureau
of the Census., p. 15.
4 Source: U.S. Bureau of the Census, 1990 Census Data, University of Florida, Bureau
of Economic and Business Research, Florida Population Studies Bulletin #115 and
#121, Collier County Comprehensive Planning Section
S Source: U.S., Department of Commerce, Bureau of the Census, Census 2000
Summary File 1 (SF1) 100-Percent Data, Internet site
hllP:/ffactfinder.census.Qov/home/en/sf1.html accessed 10, September 2001
6 Source: U.S. Bureau of the Census, Census 2000: Table DP-1.Profile of General
Demographic Characteristics: 2000 - Geographic areas: Golden Gate City, Goodland,
Lely, Naples Manor, Naples, Pelican Bay, Naples Park, and Immokalee.
COLLiER COUNTY 2003 DEMOGRAPHIC AND ECONOMIC PROFILE Page 8 of2~KaJ&
Economic Characteristics
Major industrial sectors within Collier County include services, retail trade, finance,
insurance, real estate, agriculture and construction. Historically, employment within the
County has been seasonal and largely attributable to a pleasant sub-tropical climate
during the winter months, creating a seasonal-based tourist economy. Recently,
however, Collier County's seasonal population has stayed longer thus adding in greater
diversity to the County's economy.
The County's unemployment rate was an average of 4.4% in 2002, contrasted with a
statewide average of 5.5%. The per capita income for Collier County in 1999 was
$40,121, which is the highest in the State of Florida. The State's per capita income is
$27,764 and the national per capita income is $29,451, respectively.
Social Activities
Collier County has within its borders a variety of social, recreational, and educational
opportunities for its citizens and visitors. The County has 71 golf courses, and 11
approved, but not yet constructed golf courses. The County also has a variety of
neighborhood parks, community parks and regional parks as well as beach and
wateriront parks. Furthermore, Collier County is blessed to have some of the most
spectacular state and national parks, preserves, and wildlife refuges in the Nation: the
Big Cypress National Preserve and Wildlife Refuge, Florida Panther National Wildlife
Refuge, Fakahatchee Strand State Preserve, Everglades National Park, Collier
Seminole State Park, Rookery Bay National Estuarine Research Reserve, and Cape
Romano-Ten Thousands Islands Aquatic Preserve.
Education (K-12)
The Collier County School Board provides public education within
the County for both incorporated and unincorporated areas. The
County currently has 22 elementary schools, 8 middle schools and 5
high schools with a total student enrollment of 31,310.
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The number of students enrolled by school type is as follows:
School Type
Elementary (K - 5)
Middle (6 - 8)
High (9 - 12)
2002 - 2003
Enrollment
18,021
8,429
10,576
1999-2000
Enrollment
15,911
6,810
8,589
COLLIER COUNTY 2003 DEMOGRAPHIC AND ECONOMIC PROFILE, Page 9 of218~
Agenda Item No. 1682
March 13, 2007
Page 21 of 23
Agenda Item No. 1682
March 13,2007
Page 22 of 23
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under a~ conditions
requlsi1e to a fak sale, lIle buyer and selillr, each Icting prudBl1lly, knowledgeably and assuming the price is not anected by undue stimulus. Imp~cit in this
de1infilon Is the consummation 01 a sale as 01 a spec~ied dale and the passing 01 tide from seller to buyer under conditions whereby: (1) bUytl' and seller ale
typicahy motlvafed; (2) both parties are wellln10rmed or wBlI advised, and each acting in whal he considers his own best interest (3) a reasonable time is aHowed
lor !XIIOsure In the open mari<lll: (4t payrrenl is made in terms 01 cash in U.S. dollars or in terms of finall:ial arrarYJements comparable lhereto; and (5) the pnce
represm the normal consideration lor lhe property sold unanected by special or creallve financing or s~es cOll:essions. granted by anyone associated with
lhe sale,
. Adjustments to lhe comparables must be made for special or creative linancirIJ or sales concessIons. No adjustrrents are necessa'Y
101 those costs which are normally paid by sellers as a resutt 01 tradition or law in a market area: these costs are readily idenlWiable
sim:e the seller pays these costs In virtually aD sales transactions. Special or creative financing adjustments can be made to the
coll1larable property by compariSOns to financing terms oIfered by a third party inslilulional lender that Is nol already involved in the
prorwrtY or transaction. Any adjustment should not be calculated on a mechanical dollar lor dol~r cost 01 the linancirIJ or concession
bUt Ihe iloIlar amount 0( any adjustment should approximate the marXft's reaction to the financing or concessions based on lhe
appraiser's judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal repol1 is subjec1 to the folowinQ
conditions:
1. The awrais<< wili not be responsible for matters of a legal nalUle thai affect either the property being appraised or the tille 10 it. The appraiser assll118S that
the title is good and marketable and, the/efore, will not render any opinions about tM tille. The property is appraISed on the basis 01 it being under responsible
OWI1Blship.
2, The apprais<< has provided a sketch in the appraisal repon to shOw approXJmate dimensions 01 the improvemenls and the sketch is incilJded only fa assist
the reader of the repon In visualizing the property and understanding the appraiser's determmation of its Slle.
3. The appraiser has examined the available flood maps that are prll'lided by the federal Emergency Management Agency lor other dala sources) and has noted
in the appraJs~ report whether the subJecl site is located in an identllled Special Rood Hazard Area. Because the appraiser is not a surveyor, he or she maxes
no guarantees, express or Implied, regarding INS derermlnation.
4. The appraiser will not give testimony or appear in coun because he 01 she made an appraisal 01 the property in Questioo, uniess speci1lc arraT'l;lements to do
so have been made beforehand,
5. The appraiser has estimated the vaiue of the Iarxl in the cost approactl at its highest and best use and the improvements It their COnlribuiory value. These
separate valuations 01 the land and improvements must not be used in conjunction with any other apprais~ and are invalid II they are so used.
6. The appraiser has noted in the appraisal repan any adverse conditions (such as, needed repairs, dllllreclation, the presenctl of hazardous wast8S, lodc
substances, etc,) observed during the Inspection of the sublect property or that he or She became aware of durirl,l the rormal research inv~ved in pe~orming
the awraisal. Uniess otherwise stated in the appraisal report the appraiser has no xnowledge 01 any hidden or unapparent conditions 01 the property or
all'versll envirormertll conditions (inciJding the p~sence 01 hazardous wastes, toxic substances, etc.) that would make the property more or iBss valuable, and
has assumed that 1here are no such conditions and makes no guarantees or warranties, express or implied, regarding the condi1ion of the property. The
appraiser wit nol be responsible lor any such conditions that do exist or for arrj engineering or testmg that migti be required to discll'ler whether such
conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal repon must not be considered as an
environrnertal assessment ol the property.
7, The appraiser oblJined the Information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be
reliable and beieves them to be true arxl correct, The appraiser does not assume responsibility for the accuracy of such items that were lumished by other
patties.
8. The appraiser will not disclose the contents 01 lhe appraisal report except as provided for in the Un~orm Standards 01 Professional Appraisal Practice.
9, The appraiser has based his or her apprais~ report and valuation conclusion Ill! an appraisal thaI is subject to satisfactory completion, repairs, or
alterations on the asSlfTCltion that compielion of the improvements will be pe~ormed in a wOOOnanlike manner.
10. The appraiser musf provide his or her prior written consent before the iender/client specified in the app,aisal report can distnbute the appraisal report
~ncluding ooncIusions about the property value, the appraiser's idertity and professional designahons, and references to any prolessionaJ appraisal
organizations or the firm with which Ihs appraiser Is associated) 10 anyone other than the borrower, the mongagee or its successors and assigns; the mortgage
insurer; consultalts; prolessiDrlBI appraisal organizations; any state or federaJIy approved linlncial institution; or any department. agency, or inStrumentality
01 the United States or any state or lhe District of Columbia: except that the lender/Client may distribute the property descnptlOll section 01 the report OAIy to datJ
coiilction or reportil1Q selVlce(S) without having to obtain the appraiser's pnor written consert. The appraiser's written consenl and approval must also
be olltainell before the appraisal caA be conveyed by anyone to the public tlvough advertising, public felations, news, sales, or other media.
Pagelof2
Fanl1lB Mae form 10048 6-93
Freddie Mac Form 4396-93
THE ~Pl\A\SAl. SHDPPI', INC. (239)435-1111
foml ACR - "WinTOTAL" appraisal software by a la mode, inc. - 1-80Q-ALAMOOE
Agenda Item No. 1682
March 13, 2007
Page 23 of 23
APPRAISER'S CERTIFICATION: The Appraisll! ce~l1ies and ag(ees that
1. I !lave researched the subject market area and have selected a minimum 01 three recel1l sales of prope~ies most simiar and proximate to the subject property
101 cOMideration in the sales comparison analysis and hive made a doUar adjustmel1l when appropriate tli reflect the market reaction 10 lOOse rtems of significant
varialion. ~ a Significant item in a comparable property is superior to, or more favorable thir, the subJEct proplrty, I have made a negative adjustment tli reduce
the adjusted sales price of the comparable all1, it a srgnilicant item In a comparable property IS mlerior to. or less lavorable than the sublect property. ! hive made
a posrtive adjustment to increase the adjusted sales price at the comparable.
2. I have taKen irrlll COtlSldlllation the lactors tI1.1t have an Impact on .alue 11\ my development otthe eSl1mate 01 market value in the appraisal report. I ha'oli not
knOWl1'l,l1y withheld any sigrlficarl inlormation Irom the appraisal report and I believe, In ll1e best of my Knowledge, that III statemerts and information in tl1e
appraisal report are true and correct.
3. I stated in the appraisal report only my own personal, unbiasi{j. and prolesslonal analysis, opimons, and conclusions, whcn ale subject only to the cootmgerl
and limning conditions specified In this lorm.
4. I have no presen1 or prospective imerest in the property that IS the subject to this report, and I have no present or prospective personallrllllest or b13s With
respect to the participants in the transaction. I did not base, ertlllr partially or completely, my a'lillySis all1lor the estimate of mar1<el value in the appraisal report
on the race. color, r~iglon, sex, handicap. tarniial status, or national origin of eitller the prospective owneffi or occuparls of the subject property or of the presen1
owners 01 occupants 01 the properties in the vicinity of the subject property.
5. ! have no present 01 contemp;ated future Interest in tl1e suOiect propeft)', and neither my current or MUle employment nor my compeMation for pertormif1\l this
appraisal is contingent on the appraised value of the property.
6. I was not reqUIred to repo~ a predetermine<! value or direction in value thatlavors !he cause of the clied or any related party, the armllll 01 the valle estimate,
the attairvnent of a specific resu~. or the occurrence of a subsequent event in order to receive my compensation anillor employment for pertormlng the appraisal. I
did not base the appraisal report on a reQUested rmmmum valuation. a specilic ,alualion. or lhe need to appro'e a specific mortgage loan.
7. I performed this appraisal in conformity wilh !he Uniform Standards 01 Prolessional Appraisal Practice lhat were adopted and promulgated by the Appraisal
Standards Board of The Appraisal Foundation and that were in p'ace as 01 the effective dale of this appraisal. wrth the excepnon of the departure provision of lOOse
Standards. which does not apply. I acKnowledge that an estimate of a reasonable lime lor exposure In lhe open market is a condiUon in the definition 01 market value
and the estimate 1 developed is consistent wrth the marketing lime noted in 1he neighborhood secUon 01 this report unless I !lave otherwise stated in the
recorcihatJon section.
8. I have personaly inspected the Interior and exterior areas of 1I1e subject property and the exterior of all properfies hsted as cOfT'llarables in the appraisal report.
I further certify Ihat I have noted any apparent or known adverse conditions in 1I1e suOiect improl'limenlS, on the sublect srte. Ol on any srte within the invnediate
viclllity of the subject property ot which I am aware and have made adlustments lor lhese aaverse conditiOns in my a!1,Jlysis of the property value tli the extent that
I had market evidence to support trem. I have also commented about !he effect of the adl'lirse conditions on the marketability of lhe subject property.
9. I personally prepared all corciusions all1 opilllons abou! the real estate that were set 10r1l1 rn the apprarsal report II I relied on signtiicant professional
assistance Irom any mdividual or individuals in tre pefformance of the appralsa' or the preparation 01 the appraisal report, I have named SUCh indivillual(s) alll
disclosed !he specifiC tasks pefformed by !hem In the recorciiation section 01 this appraisal report I ce~lly that any indiooual so named is qualtiied to per10rm
!he tasks. I have 1101 autholizi{j anyone to make a chal'l,le tli any item m the repott; therefore. II an unauthor~ed chaT1ge is made In 1I1e appraisal report, I will lake
no responsibility lor it.
Agenda Item No. 16H1
March 13, 2007
Page 1 of 3
e-~
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: Tom Henning
FUNCTIONIEVENT: Marine Industries Member Meeting
.-
PUBLIC PURPOSE: Requested to speak to the group on topics of importance
throughout the County.
DATE OF FUNCTIONIEVENT: February 20,2007 @ 6:00 p.m. at the Elks Club on
Radio Road, Naples.
FISCAL IMPACT: $25.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Tom Henning
to attend function serving a valid public purpose.
PREPARED BY: Sam Tucker, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: March 13,2007.
.--
Agenda Item No. 16H1
March 13, 2007
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H1
Meeting Date:
Commissioner Henning requests reimbursement for attending a function serving a valid
public purpose; Commissioner Henning attended and spoke at the Marine Industry Member
Meeting on February 20,2007 $250010 be paid from Commissioner Henning's travel fund
3/13/20079:00:00 AM
Prepared By
Sam Tucker
Executive Aide to the BCe
Date
Board of County
Commissioners
Bee Office
2/21/200712:03:36 PM
Approved By
Sue Filson
Executive Manager to the Bee
Dale
Board of County
Commissioners
Bee Office
2/2112007 2: 1 0 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
2/23120072:05 PM
Agenda Item No. rH1
March 13, 007
Page 3 of 3
Marine Industries Assoriation
of Collier County, tD~.
P.O. Box 9887
Naples, FI. 34101
941261-08&2 941 261-5882 ~;'AX
,
-- f .
,;', ~ "
'~_ \.r
- ~----~
FROM
.~CEIPT
7;~/~~h~ll~r
DATE
Check ~
AMOUNT $ ;) j-. N
FOR
[ ] pu~s
[ ~eals .
[ ] Donation
[ ] Membership insignia
[ 1 Other . .
Date
Date
Specify
Specify
Specify
COMMENTS:
I ·
I R'oe"odbyk~J{
I . .
Agenda Item No. 16H2
March 13, 2007
Page 1 of 3
-
EXECUTIVE SUMMARY
Commissioner request for Board approval for payment to attend function serving a valid
public purpose.
OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a
Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to resolution No. 99-410, the Board of County Commissioners
has determined that attendance at the functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
associations/organizations serves a valid public purpose, provided that said functions reasonably
relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTIONIEVENT: Third Annual Honor the Free Press Day, sponsored by the Marine Corps
League of Naples, in cooperation with The Naples Press Club and The Greater Naples Chamber
of Commerce, held at The Hilton Naples, 5111 Tamiami Trail North, Naples, Florida
-
PUBLIC PURPOSE: Meet and interact with local business and community leaders.
DATE OF FUNCTION/EVENT: March 14, 2007
FISCAL IMPACT: $25.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
resolution No. 99-410, approve reimbursement by the Clerk for meals provided to Commissioner
Frank Halas while serving a valid public purpose.
PREP ARED BY: Sandra Lea, Executive Aide to BCC
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16HZ
March 13,2007
Page2of3
COLLIER COUNTY
BOARD OF COUNTY COMMISStONERS
16H2
CommiSSioner Halas requests approval for reimbursement for attendmg a functIon serving a
valid public purpose, Attending the Third Annual Honor the Free Press Dayan Wednesday,
March 14, 2007 at The Hilton Naples: $25.00 to be paid from eommissioner Halas' travel
budget.
3/13/20079:00:00AM
Date
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
BCC OffIce
2/28/20077:58 AM
Approved By
Date
Leo E. Cchs, Jr.
Board of County
Commissioners
Deputy County Manager
County Manager's Office
3/212007 4:58 PM
Page 1 of 1
Agenda Item 'No. 16H2
March 13, 2007
Page 3 of 3
LeaSandra
From: Mike Trephan [mtrephan@comcast.net]
Sent: Monday, January 29, 2007 9:10 AM
To: HalasFrank
Subject: Honor the Free Press Day Event
Third Annual Honor the Free Press Day
The Marine Corps League of Naples, in co-operation with The Naples Press Club and The Greater Naples
Chamber of Commerce, will present "Honor The Free Press Day" on Wednesday, March 14th at 11 :OOam at The
Hilton Naples.
We are proud to have other organizations join us in this Marine Corps League of Naples annual event at which we
will honor Mr. Lou Reda of Reda Productions.
Under the guidance of Mr. Reda, his production company has produced more than four hundred cable and
network programs as well as numerous shorts and special presentations in the 30 years since its founding. The
exceptional quality of work is evidenced by the numerous awards and recognitions with which Reda productions
has been honored over the years. If you have ever watched the History, A&E, or the Biography channels, you will
have seen his works. Lou, a resident of Easton Pennsylvania, is a veteran of the Seabees who served during the
Second World War in the Pacific.
This is the first time that we will honor an individual who is still hard at work in his trade. The format will change
somewhat, but the time frame and program will be much the same. There will be a debut of Mr. Reda's film
footage, that has never been shown publicly.
Hal Buell, retired chief editor of the Associated Press and last year's speaker, will return to introduce Mr. Reda.
We are very proud and grateful that the Fifth Third Bank of Naples has once again agreed to be our sole sponsor.
Payment of $25.00 per person will be required at the time reservations are made. No walk-ins at the door.
Mike Trephan
Press and Public Relations
Marine Corps League of Naples
(239) 263-0330
2/27/2007
Agenda Item No. 16H3
March 13, 2007
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: Tom Henning
FUNCTIONIEVENT: Luncheon for Volunteer Drivers, sponsored by the Veteran
Services Department.
PUBLIC PURPOSE: Buffet luncheon to honor the volunteer drivers who so willingly
give their time to transport the veterans of Collier County to their medical appointments.
DATE OF FUNCTIONIEVENT: Wednesday, March 7,2007; 11:30 a.m. at the Elks
Lodge on Radio Road.
FISCAL IMPACT: $16.00 Funds to be paid [rom 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 Tom Henning
to attend function serving a valid public purpose.
PREPARED BY: Sam Tucker, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: March 13,2007
-
Agenda Item No. 16H3
March 13, 2007
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H3
Meeting Date:
CommISSioner Henning requests Board approval for reimbursement payment far attending a
functIon serving a valid public purpose, Commissioner attended the Veteran Services
Departmenlluncheon honoring volunteer drivers on March 7, 2007 at the Elks Lodge on
Radio Road. $16,00 to be paid from Commissioner Henning's travel fund.
3/13/2007 9:00:00 ,~M
Prepared By
Sam Tucker
Board of County
Commissioners
Executive Aide to the BCe
Date
BCC Office
2/2812007 10:48:05 AM
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Date
BCC Office
2128/20073:33 PM
App roved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
311/20074:43 PM
INTE R-OFFICE
Agenda Item NO.1 H3
March 13, 2 07
RECEIVED Page 3 f 3
FEe 2 2 2007
COR RES P 0 N D E~,,@rEnIyCommiss'
loners
DATE:
February 21, 2007
EACH SO~M. REC'D COP\
DF FH ([!f)FC JC .
TO:
Commissioner Tom Henning
Joanne Dalbey, Transportation Coordinatli\r\()
Veteran Services Department-~
\
J
FROM:
SUBJECT:
Luncheon for Volunteer Drivers
The Veteran Services Department cordially invites you to attend a buffet luncheon 0I1!-----
Wednesday, March 7, 200.1 to honor our volunteer drivers who so willingly give their i
time to transporting the veterans of Collier County to their medical appointments.
The luncheon will be held at 11 :30. a.ffi at the Elks Lodge, 3950. Radio Road.
Please RSVP to Joanne Dalbey at 732-10.0.8 by Friday, March 2,20.0.7.
Ijd
\-
Agenda Item No. 16H4
March 13, 2007
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
FUNCTIONIEVENT: Breakfast Rountable Discussion at Moorings Park
--
PUBLIC PURPOSE: To learn more about an important character education programs
here in Southwest Florida and how the curriculum works with Partnership with School
Systems.
DATE OF FUNCTIONIEVENT: March 5,2007
FISCAL IMPACT: $10.97 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: March 13,2007
--
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16H4
March 13. 2007
Page 2 of 4
16H4
Commissioner Coletta requests approval for reimbursement for attending a function servIng a
valid public purpose, Commissioner paid in advance to attend the Breakfast Roundtable
Discussion at Moorings Park on March 5, 2007 and is requesting reimbursement in the
amount of 510.97 to be paid from his travel budget
3/13/2007 9:00:00 AM
Date
Prepared By
Nancy Rosiak
Board of County
Commiss.ioners
Executive Aide to the Bee
Bee Office
3/11200710:28:04 AM
Sue Filson
Dale
Approved By
Board of County
Commissioners
Executive Manager to the BCe
Bee Office
3/1120072:00 PM
Date
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
County Manager's Office
3/112007 4:42 PM
Agenda Item No. 16H4
March 13, 2007
Page 3 of 4
February 23 2007
Mr. Jim Schneeberger
c/o Moorings Park
120 Mooring Park Drive
Naples, FL 34105
RE: Breakfast Roundtable Discussion at Moorings Park
Dear Mr. Schneeberger:
I received an invitation to join the Breakfast Roundtable Discussion at Moorings Park on March
5, 2007 from 8-9:30 a.m. I am pleased that I was included in this invitation and I have informed
Toni Wilson that I plan to attend. Per my "no gift policy" I am enclosing herewith my personal
check for $10.97 to cover the cost of my breakfast, at her direction.
I'm looking forward to this meeting and will see you then.
Sincerely,
Jim Coletta, Chairman
Commissioner, District 5
j imco letta@colliergov.net
JC: nkr
Encl: Personal Check $10.97
Agenda Item No. 16H4
March 13, 2007
p:a~ef of 4
............
MOORINGS P~K
County Commissioner Jim Coletta
Board of County Commissioners
3301 E. Tamiarni Trail
Naples, FL 34112
February 9,2007
Dear Commissioner Coletta:
As a distinguished leader of Collier County, you are invited to an important Breakfast Roundtable
Discussion at Moorings Park. The focus is on the role the Collier County business and education
community can play in furthering character education in the region and as we work to develop
ethical employees and leaders of tomorrow.
Please join us on Monday, March 5th from 8-9:30 AM. The agenda will be:
. Welcome - Al Reynolds and Guenther Gosch
. Southwest Florida History and a Character Education Foundation & Curriculum - Arlene
Roth, Executive Director, Uncommon Friends Foundation
. How the Curriculum Works in Partnership With School Systems- Sandra Stilwell, business
leader and curriculum author and Dr. Patricia Archambault, Character Education
Coordinator, Uncommon Friends Foundation.
. Roundtable Discussion - Character Education in Collier County - Al Reynolds
In 2004 the Florida State Legislature enacted a bill which requires teaching character education in
grades K-12 in all Florida schools. As business and education leaders, we can play an important
role in supporting this initiative through our influence.
We urge you to attend this breakfast roundtable discussion with fellow business and education
leaders to learn more about an important character education program developed right here in
Southwest Florida. This curriculum relates to our region's history, meets Florida Department of
Education's Sunshine State Standards of Excellence, and is relevant and easy to integrate into
existing curricular content.
Please RSVP to Toni Wilson at 261-1616 ext. 501 no later than March 1st. We look forward to
seeing you and hearing your opinions about this important topic on March 5th.
Sincerely,
~ r
(j r I
X'.~ (Li~
lit!- ~~
AI Reynolds, Chairman & CEO
WilsonMiller
Guenther Gosch, Chairman & CEO
Moorings Park
120 Moorings Park Drive . Naples, Florida 34105 .
. (239) 261-1616 . w\vw.mooringspark.org
Agenda Item No. 16H5
March 13, 2007
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
FUNCTIONIEVENT: 3rd Annual Marjory Stoneman Douglas Festival
PUBLIC PURPOSE: To represent the County and speak at this event.
-
DATE OF FUNCTION/EVENT: February 20, 2007
FISCAL IMPACT: $5.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDA TION: 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: March 13, 2007
.,-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16H5
March 13, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H5
Commissioner Coletta requests approval for reimbursement for attending a function serving a
valid public purpose, Commissioner paid for beverage at the 3rd Annual Marjory Stoneman
Douglas Festival on February 20, 2007 which he spoke at and IS requesting reimbursement
lil the amount of $5,00, to be paid from his Ira vel budget
3/13/2007900:00 AM
Date
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the Bee
BCC Office
3/112007 11 :07:21 AM
Approved By
Date
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
BCC Office
3/1/20071:59 PM
Approved By
Deputy County Manager
Date
Leo E. Ochs, Jr.
Board of County
Commissioners
County Manager's Office
3/1120074:08 PM
NAPLES · EVERGLADES CITY · IMMOKALEE
. I' t15'"---~".
2007 t
f 4 i
,
I
..
COLLIER COUNTY MUSEUMS
1928-2003
TAMlAMI TRAIL
75TH ANNIVERSARY
1923-2003
COLliER COUNTY
80TH AN\ilVERSARY
Mr. Jim Coletta
Collier County Commissioner
3301 E. Tamiami Trail
Naples, Fl. 34112
'\"'\
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Commissioner Coletta,
We want to thank you for accepting our invitation to speak at the opening of our
3rd Annual Marjory Stoneman Douglas Festival. The opening ceremonies start on
Tuesday, February 20th at 2pm. Enclosed is a brochure with all the times of the weekly
events. I believe that if Marjory was still here she would be proud to know that her
friends and colleagues have come together to honor her hard work and dedication to her
beloved everglades and to applaud her life as she was a vivacious go getter for her cause
and beliefs. We look forward to having you join us on this special day. If you have any
questions or concerns. please do not hesitate to contact us at 239-695-0008.
Sincerely,
(~~ o~k.~,-, ~ \~L v(~~\,,-- r'~
Martha Schramm
Museum of the Everglades
COLLIER COUNTY GOVERNMENT CENTER
3301 TAM1A!\11 TRAIL EAST · NAPLES, FLORIDA 34112
(239) 774-8476 · FAX (239) 774-8580 · WEB SITE: www.colliermuseum.com
Agenda Item No. 16H5
March 13, 2007
Page 4 of 4
February 28,2007
Ms. Martha Schramm
Museum of the Everglades
3301 E. Tamiami Trail East
Naples, FL 34112
Subject: 3rd Annual Marjory Stoneman Douglas Festival
Dear Ms. Schramm:
Thank you for the wonderful time that I had at the 3rd Annual Marjory Stoneman Douglas
Festival on February 20th at the English Tea. I really enjoyed hearing all about author
Marjory Stoneman Douglas and the attention that she brought to the Everglades as being
a vital part of the ecosystem of South Florida and protecting this national treasure.
While I did not partake of the luncheon, I did enjoy of some ice tea, and I am enclosing
my check for $5.00 to cover the cost of this in keeping with my "no gift policy."
Sincerely,
Jim Coletta, Chairman
Commissioner, District 5
j irnco letta@colIiergov.net
JC: nkr
Enc1: Check $5.00
Agenda Item No. 16H6
March 13, 2007
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: Right Angle Club at Quail Creek Luncheon
,."-'
PUBLIC PURPOSE: Speaker to discuss budgets, schedules, new concepts and
questions and answer regarding County business.
DATE OF FUNCTION/EVENT: March 9,2007
FISCAL IMPACT: $11.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDA TION: 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: March 13,2007
.-
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16H6
March 13. 2007
Page 2 of 3
16H6
Commissioner Coletta requests approval for reImbursement for attending a function serving a
valid public purpose Commissioner paid In advance to attend and speak at the Right Angle
Club at Quail Creek Luncheon on March 9. 2007 and is requesting reimbursement in the
amount of $11 00. to be paid from his travel budget
3113/20079:0000 AM
Date
Prepared By
Nancy Rosiak
Board of County
Commissioners
Executive Aide to the BCe
BCC Office
311/2007 11 :23:58 AM
Sue Filson
Date
Approved By
Board of County
Commissioners
Executive Manager to the BCe
Bee Office
3/1/2007 1 :57 PM
Date
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
County Manager's Office
311120074:10 PM
PlJoanI o/W~ Woanq; ~ommiJ~
3301 East Tamiami Trail. Naples. Florida 34112 - 4977
(239) 774-8097. Fax (239) 774-3602
Agenda Item No. 16H6
March 13. ')n()
Pa
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
February 14, 2007
Mr. Merrill H. J. Roth
8408 North Hampton Court
Naples, FL 34120
RE: Right Angle Club Speaking Engagement March 9, 2007
Dear Mr. Roth:
Thank you for your invitation to speak at your Right Angle Club at Quail Creek on March 9,
2007. 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. Per my "no gift policy" I am enclosing herewith my personal
check for $11.00 to cover the cost of my lunch.
I'm looking forward to our time together and will see you then.
JC: nkr
End: Personal Check for $11.00
Agenda Item No. 16H7
March 13, 2007
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: Donna Fiala
FUNCTIONIEVENT: Treviso Bay "Next Big Thing"
-,
PUBLIC PURPOSE: To participate in Treviso Bay's "Next Big Thing" celebration and
network with constituents.
DATE OF FUNCTIONIEVENT: Friday, March 2nd 2007
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 Donna Fiala to
attend function serving a valid public purpose.
PREP ARED BY: Kendra Hastings, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: Tuesday, March 13,2007
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16H7
March 13, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H7
CommISSioner Fiala requests Board approval for reimbursement for attendrng a function
serving a valid pubHc purpose. Attended the Treviso Bay "Next Best Thing" celebration on
March 2, 2007, at Treviso Bay: :510.00 to be paid from Commissioner Fiala's travel budget.
3/13/200790000 AM
Date
Prepared By
Kendra Hastings
Board of County
Commissioners
Executive Aide to the BCe
BCC Office
312/20074:22:13 PM
Sue Filson
Date
Approved By
Board of County
Commissioners
Executive Manager to the BCe
BCC Office
3/2/2007 4: 39 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
3/2/2007 4:46 PM
03/01/2007 l' :::5 FpX 239 843 11::(1
TREVISO BAY STE
Agenda Ite~~g! ~%~l7
~; ':f'1 '1 - '3> " D .2...Mar~ha~;' l~n
A+tn: ~,,",d.ra..
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~adrd of C>J!.~~ty Corn;r;iSD:onel
March 1, 2007
Office of Donna Fiala
Government Center
2335 Orange Blossom Dr.
Naples, FL 34109
(239) 774-8097
To Whom It May Concern:
Greelings from Treviso Bay!
Please be advised the foodlbcverage cost for party attendcc!> is $10.00, as estimated by the
DircctCJr of Sales & Marketing, Rod Robinson.
We look forward to s~ing yoo tomorrow, March 2rwJ Lo Ctlehrate Treviso Bay!
Regards.
C ~ '"h- f.-... w ~ I--
Carolyn S. Whiteman
Project Assistant
Sales Phone: (239) 643.1414
Toll Free: (877) 643.' 476
IEnclosure
HastingsKendra
.subject:
Location:
Start:
End:
Recurrence:
RSVP'd 2/28
$10.00 put on agenda
Agenda Item No. 16H7
March 13, 2007
Page 4 of 4
Next Big Thing **Carolyn-
Treviso Bay 9004 Tamiami TrI E. - 643-1414
Fri 3/212007 6:00 PM
Fri 3/212007 9:00 PM
(none)
Agenda Item No. 16H8
March 13,2007
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: Donna Fiala
FUNCTIONIEVENT: Marco Island Alumni Club Monthly Luncheon
-
PUBLIC PURPOSE: To speak at the Marco Island Alumni Club Monthly Luncheon
and network with constituents.
DATE OF FUNCTIONIEVENT: Wednesday, February 28,2007
FISCAL IMPACT: $22.00 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, March 13,2007
.-
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H8
Agenda liem No. 16H8
March 13. 2007
Page 2 of 4
Commissioner Fiala requests Board approval for reimbursement for atlending a function
serving a valid publiC purpose Attended the Marco Island Alumni Club Monthly Luncheon on
Wednesday, February 28 2007 at the Old Marco Inn: 522.00 to be paid from Commissioner
Fiala's travel budget
3/13/20079.0000 AM
Date
Prepared By
Kendra Hastings
Board of County
Commissioners
Executive Aide to the BCe
BCC Office
3/2/20074:29:40 PM
Approved By
Date
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
BCC Office
312120074:38 PM
Date
Approved By
leo E. Ochs, Jr,
Board of County
Commissioners
Deputy County Manager
County Manager's Office
3/2120074:59 PM
HastinvsKendra
From:
Sent:
To:
Subject:
Agenda Item No. 16H8
March 13, 2007
Page 3 of 4
dOLORES RIORDAN [beachgram24@gmail.com]
Thursday, March 01, 2007 4:18 PM
HastingsKendra
receit for luncheon
please accept this as a receit for the $22.00 luncheon fee paid by Donna Fiala to the
Alumnae Club of Marco island on Feb 28 2007.
1
Agenda Item No. 16H8
March 13, 2007
Page 4 of 4
._ HastingsKendra
Jubject:
Location:
Start:
End:
Marco Island Alumni Club (Delores Riordan - 394-7723) --Delores will call to confirm and
provide location-
@ The Old Marco Inn
Wed 2/28/2007 12:00 PM
Wed 2/2812007 2:00 PM
Recurrence:
(none)
$22.00
Confirmed with Delores 2/27
1
Agenda Item No. 1611
March 13, 2007
Page 1 of 2
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
March 13, 2007
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Districts:
(1) Ave Maria Community Development District: Proposed Budget FY
2006-2007.
(2) Port of the Islands Community Development District: Minutes of
November 10, 2006; Agenda for November 10, 2006; Minutes of
January 12, 2007; Agenda for January 12, 2007; Minutes of
January 22, 2007 Special Meeting.
--
(3) Cedar Hammock Community Development District: Minutes of
August 14, 2006; Agenda for August 14, 2006.
B: Minutes:
(1) Ochopee Fire Control District Advisory Board: Minutes of
December 11,2006.
(2) Collier County Water and Wastewater Authority: Minutes of
November 26,2006.
C: Other:
(1) Collier County Government/City of Naples Government/East
Naples Fire Control and Rescue District: Agenda for February 5,
2007; Minutes of February 5, 2007.
-
H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\03 1307_ misc _ corr.doc
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1611
To file for record with action as directed
:J11312007 90000 AM
Agenda Item No. 1611
March 13.2007
Page 2 of 2
Lisa Resnick
Prepared By
Board of County
Commissioners
Executive Aide to the BCe
BCC Office
Date
3/1120078:24:10 AM
Sue Filson
Approved By
Board of County
Commissioners
Executive Manager to the BCe
Bee Office
Date
3/1/20079:40 AM
Approved By
Leo E. Ochs. Jr,
Board of County
Commissioners
Deputy County Manager
County Manager's Office
Date
311120074:11 PM
Agenda Item No. 16J 1
March 13, 2007
Page 1 of 16
EXECUTIVE SUMMARY
TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF
FEBRUARY 17, 2007 THROUGH FEBRUARY 23, 2007 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD.
OBJECTIVE: To present to the Board of County Commissioners the disbursements for
the period of February 17, 2007 through February 23, 2007 for approval as well as to
obtain approval for the submission of the disbursement listing into the official records.
CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1), the
Clerk's office requests that these listings be approved and made part of the official
records of the Board of County Commissioners.
GROWTH MANAGEMENT IMP ACT: None.
FISCAL IMPACT: Disbursements as totaled on the attached report
-
RECOMMENDATION: That the Board of County Commissioners approve the
disbursements listing for the period of February 17, 2007 through February 23, 2007 and
submit these documents into the official records.
Prepared By: ~ fZ. rflJ~
Lisa N. Melvin
Assistant General Operations Manager
Date:
0:2./ t2tiIOr
Date: J f)-v 10 ~
-
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J1
Agenda Item No. 16J1
March 13, 2007
Page 2 of 16
To obtain board approval for disbursements for the period of February 17, 2007 through
February 23, 2007 and for submission into the official records of the board.
3/13/20079.00:00 AM
Date
Approved By
Connie Murray
Clerk of Courts
General Operations Manager
Finance
2128/20072:56 PM
Date
Approved By
Leo E. Dehs, Jr,
Board of County
Commissioners
Deputy County Manager
County Manager's Office
3/1/20074:15 PM
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Agenda Item No. 16J2
March 13, 2007
Page 1 of 15
EXECUTIVE SUMMARY
TO OBTAIN BOARD APPROVAL FOR DISBURSEMENTS FOR THE PERIOD OF
FEBRUARY 24, 2007 THROUGH MARCH 02, 2007 AND FOR SUBMlSSION INTO THE
OFFICIAL RECORDS OF THE BOARD.
OBJECTIVE: To present to the Board of County Commissioners the disbursements for
the period of February 24,2007 through March 02, 2007 for approval as well as to obtain
approval for the submission of the disbursement listing into the official records.
CONSIDERATIONS: In accordance with Florida Statutes, Chapter 136.06(1), the
Clerk's office requests that these listings be approved and made part of the official
records of the Board of County Commissioners.
GROWTH MANAGEMENT IMP ACT: None.
FISCAL IMPACT: Disbursements as totaled on the attached report
-
RECOMMENDATION: That the Board of County Commissioners approve the
disbursements listing for the period of February 24, 2007 through March 02, 2007 and
submit these documents into the official records.
Prepared By:
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Lisa N. Melvin
Assistant General Operations Manager
Date:~-5 )D1'-
-
Agenda Item No. 16J2
March 13. 2007
Page 2 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16J2
To obtain board approval for disbursements for the penod of February 24, 2007 through
March 02. 2007 and for submission into the official records of the board.
Meeting Date:
3113120079:0000 AM
Approved By
Connie Murray
General Operations Manager
Date
Clerk or Courts
Finance
31512007 12:00 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
31512007 1 :43 PM
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'-' .
0 .
,...
Agenda Item No. 16J3
March 13, 2007
Page 1 of 4
EXECUTIVE SUMMARY
The Clerk of the Circuit Court's Finance and Accounting Department requires
authorization from the Board of County Commissioners to file an amended Internal
Revenue Service 8038-G form for Commercial Paper Loan A-25-1.
OBJECTIVE: The Finance and Accounting Department requires authorization from the
Board of County Commissioners, including execution of the amended 8038-0 by the
Chairman, to file an amended Internal Revenue Service 8038-0 form for Commercial
Paper Loan A-25-1.
CONSIDERATIONS: Form 8038-0 is entitled Information Return for Tax-Exempt
Governmental Obligations and these forms are completed for all tax exempt debt issued
by Collier County. Commercial Paper Loan A-25-1 was issued on September 30, 2002
and the original 8038-0 was filed with an incorrect final maturity date of December 5,
2006. The actual final maturity date for Loan A-25-1 is December 4,2007, and this is the
date reflected on the amended 8038-G.
GROWTH MANAGEMENT IMPACT: None.
--
FISCAL IMP ACT: None.
LEGAL CONSIDERATIONS: County bond counsel has recommended that this
amended form be filed with the Internal Revenue Service.
RECOMMENDATION: That the Board of County Commissioners authorizes the
Finance and Accounting Department to file the amended 8038-0 form with the Internal
Revenue Service.
Prepared by: Derek M. Johnssen, Oeneral Accounting Manager,
Office of the Clerk of the Circuit Court
-
Agenda Item No. 16J3
March 13, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16J3
The Finance and Accounting Department requires authorization from the Board of County
Comm,ss:oners to file an amended internal Revenue Service 8038~G form for CommercIal
Paper Loan A-25-1
3/13/20079:0000 AM
Item Number:
Item Summary:
A pp roved By
James V. Mudd
County Manager
Dale
Board of County
Commissioners
County Manager's Office
3/7/2007 9:45 AM
Form 8038-G
Information Return f9r Tax-Exempt Government Obligations
. · ull<<Utr Internat Revenue Code section 149le)
. See 8Clpantc Irmruc:tlons.
CoiuUon: Use Form B03O-GC if the issue prioo is under $150,000.
Agend item No. 16J3
v'1arch 13, 2007
~~.~4
(Rev. 1-bYo/nbor 20(0)
~IM~~
Reporting Authority . If Amended Return, check here ..0
1 Issuer's name 2 Issuer's employer identification number
Collier County, Florida 59 I 6000558
3 Number and slreet (or P.O. box if mail is not delivered 10 street ackhss) Room/Suite (Report ntlT1ber
3301 Tamiami Trail East 305
5 City, town, or post office, state, and ZIP code 6 Date of Issue
Naples, Florida 33962 913Ol.!OO2
1 Name of issue 8 CUSIP mmber
Colli~ County, Florida Revenue Note Draw No. A-25-1 NJA
9 Name and title of officer or legal representative whom !he IRS may call for more information 10 Telephone number of officer or legal representalive
Sleven E. Miller, Bond CCKlIlSel (613) 281.2222
Type of Issue (check applicable box(e$) and enter' the fssue price) See instrucijons and attach schedJle
o Education . . . 11
o Health and hospital . . . . . . 12
o Transportation. . . . . . . . 13
o Public safety . . . . . . . . 14
o Environment (including sewage bonds) 15
o Housing. . . . . . . . . . 16
o Utilities. . . . . . . . . . . . . . . . . . . . . 17
. Oltter. Descnbe ACQUisition and implementation of mobile data infrastructure
If obI~ga~ons a~ I ANs or RANs, .check b<?x · 0 " . If obligations are BANs, check box
Description of Obligations (COmplete for, the entire issue for wtiich lhis form is being filed.)
24
25
26
27
28
..
[I) Yield
VR 0,.(,
.0-
1 800000.00
.().
..()-
..().
..()-
-0-
29 .()-
30 1 800 000.00
. N/A years
.. N/A years
~ N/A
(el Staled redemplion
(h) Issue Price price al ma1urily
12/512006 $1 BOO 000 1 800 000
U$~ .of Proceeds of Issue (Including underwriters' discount)
. 2.? Proceeds used for accrued interest . . . . . . . . . . .
23 Iss,ue p'rice of entire issue (enter amount from line 21, column (b)). .
~4 p~ used fOr borid iSsuance costs (including underwriters' discount)
25 Proceeds used for credit enhancement. . . . . . . . . .
2? . Proceeds allOcated to reasonably required reseTVe or replacement fund
. 27 . Pr.x:eeds used to currently refund prior issue
28 Proceeds ~sed to advanoo refund prior issue . . . . . . . .
29- Total (a~ lines 24 through 28) . . . . . . . . . . . .
30- Nonrefundin . eedS of the issue subtract line 29 from line 23 and enter amount here
D~scription of Re~unded ~onds (Complet~ this part only for refunding bonds.)
Enter the remaining weight~ ~v8rage maturity ofU,113 bonds to be currently refunded
Ent~r th~ reTT$ining weightBd average maturity of the bonds to be advance refunded
Enter the la~t date on ~ich tmI refUllded ~nds will be caned. . . . . . .
..
(d) Weighled
average maturity
3.17 Years
Miscellaneous
Enter t!ie. arlJf>Unt of ~ s~le volume capallocaled,to the issue under section 141(b)(5} . . . . . . " 35
Enb;~r trnlamo.unt ofgtpsspriic8eds inveslBd or fo be invested In a guaranteed investment conlrnct (see instructions) 36a
Enter the final maturity ~te of lhe guaranteed inve~tment contract .. 8~~i~f!~~
Pooled financings; a flfoceeds of this.issue that at!:! to be used to make loans to other governmental units 37a N/A
If this issue is a lOan made from the prOcOOds of another taX-exempt issue, check box . . . . . ..I!!!I and enter the name of the
issuer .Roodc! lOcal GoVernment Finance Commission and the date of the issue . 9130102
, 38 . If the.issu.~has deslgmit~ the issueunder section 265(b)(}{S}(i)(1I1}(Smalf issuer exception), check box. . . . . . . . . ..0
. 39 If the 1S$u6r has elactedto pay a penally in lieu of arbitrage rebate, check box . . . . . . . . . . . . . . . . . ..0
40' If the IsSuer has ldentifi h e check box . . . . . . . . . . . . . . . . . . . . . . ~ 0
Please IJncIer priIiet of . .1 decin that 1 hM 8II1ined . lWlJing g:hechJes md l:la1amenls, llfld to 1he besI 01 Ill)' ~ and bltief. they af8 \rue, conecl. llfld
00lIlpiItle.
Sign .
Here
N/A
N1A
For Paperwork ReW
J
ASCt"~t.Wt ALS'D
9I3OJ2OO2
Dale
~ Ollinnan. floa'd of Comly Commissialf!rs
T~ or print _ md Iitio
Cal No. 63773S
Form B038.G {Rev. 11-00)
Agenda Item No. 16J3
March 13, 2007
Page 4 of 4
9
Re ortin
Issuer's name
Collier County, Florida
Number and street (or P.O. box if mail is not delivered to street address)
330 I Tamiami Trail East
City, town, or post office, state, and ZIP code
Naples, Florida 34112
Name of Issue
Collier Count, Florida Revenue Note, Draw No. A-25-1
Name and title of officer or legal representative whom the IRS may call for more Information 10 Telephone number of officer or legal rcprosentallve
[attorney]. Esg., Nabors, Giblin & Nickcrson,P.A.. Bond Counsel ( 813 ) 281-2222
r e of Issue (check a Iicable box(es) and enter the issue rice) See instructions and attach schedule
o Education 11
o Health and hospital 12
o Transportation . 13
o Pubiic safety. 14
o Environment [Including sewage bonds} 15
o Housing . 16
o Utilities 17
o Other. Describe ~ 18
If obligations are TANs or RANs, check box ~ 0 If obligations are BANs, check box ~ 0
If obli alions are in the form of a lease or installment sale. check box ~ 0
Descri tion of Obli ations. Com lete for the entire issue for which this form is bein
Information Return for Tax-Exempt Governmental Obligations
~ Under Internal Revenue Code section 149(e)
.. See separate Instructions.
Caution: If the issue price is under $100.000. use Form 8038-GC.
Authorit If Amended Return, check here ~ [;z)
2 Issuer's employer identification number
59 : 6000558
Roomlsuite 4 Report number
301
6 Date of issue
OMS No. 1545-0720
Form 8038-G
(Rev. November 2000l
3
5
7
8 CUSIP number
11
12
13
14
15
16
17
18
19
20
(c) Stated redemption
price at maturity
(d) Weighted
average maturity
(e) Y'leld
I~QOO7 $ %
Uses of Proceeds of Bond Issue
22 Proceeds used for accrued interest . .
23 Issue price of entire issue (enter amount from line 21, column (b))
24 Proceeds used for bond issuance costs (including underwriters' discount) 24
25 Proceeds used for credit enhancement . 25
26 Proceeds allocated to reasonably required reserve or replacement fund 26
27 Proceeds used to currently refund prior issues 27
28 Proceeds used to advance refund prior issues 28
29 Total (add lines 24 through 28) .
30 Nonrefundin roceeds of the issue (subtract line 29 from line 23 and enter amount here
Descri tion of Refunded Bonds (Com lete this art onl for refundin
31 Enter the remaining weighted average maturity of the bonds to be currently refunded years
32 Enter the remaining weighted average maturity of the bonds to be advance refunded years
33 Enter the last date on which the refunded bonds will be called
34 Enter the date(s) the refunded bonds were issued II--
Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5)
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions)
b Enter the final maturity date of the guaranteed investment contract ~
37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a
b If this issue is a loan made from the proceeds of another tax-exempt issue. check box ~ 0 and enter the name of the
issuer ~ and the date of the issue ~
38 If the issuer has designated the issue under section 265{b)(3)(B}(i)(lII) (small issuer exception), check box II-- 0
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ~ 0
40 If the issuer has identified a hed e, check box ~ 0
Under penalties of perjury. I declare that I have examined this retum and accompanying schedules and statements, and to the best of my knowledge
and belief. they are true. cOfTec~ and complete.
Sign
Here
~ Signature of issuer's authorized representative
3113/2007
James N. Coletta, Jr. Chairman
.. Board of County Commissioners
r Type or print name and title
Cal. No. 637735 Form 8038-G (Rev. 11.2000)
Date
For Paperwork Reduction Act Notice, see page 2 of the Instructions.
<V
Agenda Item No. 16J4
March 13, 2007
Page 1 of 6
EXECUTIVE SUMMARY
The Clerk of the Circuit Court's Finance and Accounting Department requires
authorization from the Board of County Commissioners to file a Notice of Material
Events pursuant to SEC Rule 15c2-12.
OBJECTIVE: To receive authorization from the Board of County Commissioners to
file a Notice of a Material Event pursuant to SEC Rule 15c2-12.
CONSIDERATIONS: As an issuer of debt, Collier County is routinely required to
disclose to the Municipal Securities Secondary Market any Material Events that occur
regarding outstanding County debt. In the process of issuing the Collier County Water-
Sewer District's Water and Sewer Revenue Bonds, Series 2006 two items met the criteria
for disclosure as Material Events. Resolution No. CWS-85-13, adopted on December 26,
1985, as supplemented and amended, was amended by amending the defmition of"Oross
Revenues" to include the Allowance for Funds Prudently Invested (AFPI) fee, to add a
definition of AFPI and to provide for the deposit of AFPI in a separate account in the
Revenue Fund and lawful uses of the AFPI. This amendment was adopted by the Board
of County Commissioners on November 14, 2006, Item 10(1), CWS Resolution No.
2006-298. In addition, Moody's Investors Service upgraded its underlying ratings on the
County Water-Sewer 1999A Bonds, the 1999B Bonds, the 2003A Bonds and the 2003B
Bonds from "AI" to "Aa3".
-
GROWTH MANAGEMENT IMP ACT: None.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: County bond disclosure counsel has recommended that
this notice be filed.
RECOMMENDA TION: That the Board of County Commissioners authorizes the
Finance and Accounting Department to file the attached disclosure documents.
Prepared by: Derek M. Jobnssen, Oeneral Accounting Manager,
Office of the Clerk of the Circuit Court
-
Agenda Item No. 16J4
March 13, 2007
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16J4
The Finance and Accounting Department requires authOrizatIOn from the Board of County
Commissioners to file a Notice of Material Events pursuant to SEe Rule 15c2~12.
3/13/2007 800:00 AM
Item Number:
Item Summary:
Prepared By
Derek Johnssen
General Account Manager
Date
Clerk of Courts
Finance
3/5/20074:13:36 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
317120079:48 AM
Agenda Item No. 16J4
March 13, 2007
Page 3 of 6
Municipal Secondary Market Disclosure
Information Cover Sheet
ELECTRONIC SUBMISSION
This ('over shect. should be selllll'ilh all submissions made to the Municipal Securities Rulcmaking Board, Nationally Rcmgub-t:d
MuniC'ipal Securities Iuformation Repositories, and any applicable Slate Infolmauon Depository, whelher the lilillg is VOIUllliu'y 01"
made pUrslI<lllllO Securities ;uHI Exdl<U1ge Commission rule 1,5('2-12 or any flnalogous sbtt.c slittutc.
See W'1'\v.scc.lroV/illfCl/mullicill<ll/lll'ntsil'.hlm lor list of CUITcnt NUMSIRs amI SIDs
IFTHIS FILING RmATF,S TO A SINGLE BOND ISSUE:
Provide name of hond issue e~-arlly as illlppcars on the ('Ovcr or ~le OOilial Slalcmellt
(plca.~c include name of st.ate where ismer is [ocaled): Florida
1) Collier County Water-Sewer Dislrict, WaleI' and Sewer Refunding Revenue Bonds, Series 1999A; 2) Collier County Water-
Sewer District, Water and Sewer Refunding Revenue Bonds, Series 199913; 3) Collier County Water-Sewer District, Taxable Water
and Sewer Refunding Revenue Bonds, Series 20D3A; and 4) Collier County Water-Sewer District, Water and Sewer Revenue
Bonds, Series 2Q1)3B
Provide ninc.cUgil CUSH>' lIumbcJ'S if available, to whirh the illformalioll rclale$:
(See CUSIP ikhcdule alla('hed.)
IF 11115 FILING RELATES TO ALL SECURITIES ISSUED BY THE ISSUER OR ALL SECUlUTIES OF A SPECIFIC
CREDIT OR ISSUED UNDlm A SINGLE INDENTUIlli:
Issuer's Name (p]ea.~e includc llamc of st.1lc where Issuer is loratcd);
OU1Cl' Ohligated I'erwn's Name (if any);
(E.\7I<1ly ns it appe:ll~ oUlltc Ollirial Sla!emenl CO\'er)
Provide six-digil CUSlP' Ilumber(s), ifnvailablc, ofIssuer:
{Coni'".. CIIS]]''. Municirml Disdmlll'C ^<si,'l"nrc Lille 01 212.'138,(;518 for as.isl:Ul<'C "lib ohlaininl1'lhe Ilroller CIISJP lIumhe,..1.
TYPE OF HUNG;
[[J Ele['u'oni(' (number of pages alwd led) 4 (including Information Cover Sheet)
fl!t<ldlC<!l.
If informalioll is also availal)1c on lhe Intcl1lcl, give UHL:
o Paper (Humber of Plll1CS
WHAT TYPE OF INIiORMATION ARE YOU PROVIDING? (Checlta.ll that. apply)
A. 0 Aruma] Financiallnfonnalion and Opcraung Data pursuant 10 Rule 15c2-12
(Fi"auri~J i"lomlo,io" o"d or=lil1~ clata should 1101 be lUed \lith !he MSRB.)
];;~cal Period Covered;
I
H. 0 Audited Financial SlaI.cmenls or CAFR pur~uanllo Rulc 15c2-12
Fiscal Period CO\'CTed:
Agenda Item No. 16J4
March 13, 2007
Page 4 of 6
C. rEI Notiee of a Mal.criaI Evenl pursuanlto Rule 15c2-12 (Check as appropriale)
I. 0 Prilldp:ti ami inlcrcs1 payment clclinqllendes
(i. CI Advel'5c IRS opinions 01' C\'Cllts a[fectillJ:' the lil.~.
exempt SlnllL~ of (he serlllily
2. D NOI1.paymelllrclalcd <Icfalllls
7. 181 Modilirnliom to the LillhlS of 5C('lIl1t)' ho~len;
:-1. 0 Vnschecluk:d ell""':! all debl sen-ice rc.~en'c.'
rencrtinll finanrial (lilTIcllllics
B. CI BOlld rails
4. 0 UlIs,hedulcel um\'l's 011 ucdil CnhRlKements
reRecling financial (liffirnltics
9. CI Dcfeasanc:Cli
!i. CI SlIhSlihllic)JI of credit or Ji(lniclily providers, 01'
Ihcil'I,.ihll'C to pcr[c,ml
10. 0 Rclc:."lSc, slIbstitution, or s:ue of propCI1y securinil repaymenl
seMlritie.~
1 J. 181 RmillJ: c1mllges
D. 0 N oticc ()f Failure to Provide Annuall"inandal Information as Requircd
1': 0 OLher S<x:ondary MarkeL Informatioll (Specify):
I hereby represent thaL I lUll authorized by the issuer or obligor or i19 agenL to distribul.c this information publicly:
Issuer ConlaCl:
Name Derek T ohnssen
Employer Collier County. Florida
Aclclrc.~s ~Ol East Tamiami Trail. Building F
TclCllhOllC 239-774-8350
Email Address;derek.johnssen@c1erk.collier.fl.us
Dissemination Agent Conl.'lc4 if any:
TiUe General Accounting- Manager
CiL)':~
Fa.'t 239-774-6179
Slale FL
Zip Code 34112
Issuer Vleb Sire Address http://www.coIJiergov.net
Name
Title
Employer
i\.dch'Css
Telephone
EmlliJ Address
Obligor Contact, if any:
Name
City
Stille
Zi!} Code
1',1:1:
RcI:ILiollshi(> [0 Issuer
Title
Emplo}'C1'
Address
City:
SliIlc
Zip Codc
TclClll mne
Fa.'t
Emili! Address:
Obligor Web Sile i\.rldress
ATTACHMENT
NOTICE OF MATERIAL EVENTS
Relating to
Agenda Item No. 16J4
March 13, 2007
Page 5 of 6
COLLIER COUNTY WATER-SEWER DISTRICT
Issue
Water and Sewer Refunding Revenue
Bonds, Series 1999A (the "1999A Bonds")
Water and Sewer Refunding Revenue
Bonds, Series 1999B (the "1999B Bonds")
Taxable Water and Sewer Refunding
Revenue Bonds, Series .2003A
(the "2003A Bonds")
Water and Sewer Revenue Bonds, Series
2003B (the "2003B Bonds")
CUSIP Nos.
222642 FU9
222642 FV7
222642 FW5
222642 GG9
222642 GH7
222642 GJ3
222642 GKO
222642 GLS
222642 GM6
222642 GV 6
222642 GW4
222642 GYO
222642 GZ7
222642 HAl
222642 HB9
222642 HC7
1
222642 FX3
222642 FYl
222642 GN4
222642 GP9
222642 GQ7
222642 GR5
222642 CS3
222642 GX2
222642 HM5
222642 HN3
222642 HD5
222642 RE3
222642 HFO
222642 HL7
L
Agenda Item No. 16J4
March 13, 2007
Page 6 of 6
MODIFICATION TO THE RIGHTS OF
SECURITY HOLDERS
Resolution No. CWS-85-13, adopted on December 26, 1985, as supplemented and
amended (the "Bond Resolution") has been amended by (i) amending the definition of "Gross
Revenues" to include AFPI, (ii) to add a definition of "AFPI" and (ill) to provide for the deposit
of AFPl in a separate account in the Revenue Fund and the use thereof for lawful purposes
related to the System, including,. but not limited to, acquisition and construction of
improvements and additions to the System which provide capacity for new users and payment
of debt service on obligations related thereto. "AFPI" is defined to mean Allowance for Funds
Prudently Invested fee, to the extent lawfully levied by the Issuer.
RATINGS UPGRADE
On November 9, 2006, Moody's Investors Service upgraded its underlying ratings on the
1999A Bonds, the 1999B Bonds, the 2003A Bonds and the 2003B Bonds from "AI" to "Aa3."
,
.
i
1-
,
I
2
Agenda Item No. 16K1
March 13, 2007
Page 1 of 4
-"
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners Approve an Agreed Order for
Expert Fees in Connection with Parcels 136, 836 and 936 in the Lawsuit Styled Collier County
v. David J. Frey, et aL, Case No. 03-2353-CA (Golden Gate Parkway, Project #60027) Fiscal
Impact: $2,500.00.
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for Expert fees
in connection with Parcels 136, 836 and 936 in the lawsuit styled Collier County v. David J. Frey,
et al., Case No. 03-2353-CA (Oolden Oate Parkway, Project #60027).
CONSIDERA TIONS: The parties reached a settlement and a Stipulated Final Judgment was
entered on January 9, 2007 by Judge Martin. Pursuant to S 73.091, F.S., the property owner is
entitled to all reasonable and necessary costs incurred in defense of the eminent domain proceeding.
The property owner submitted an invoice for $7,544.01 for planning fees. Through negotiation, the
parties have agreed to settle for $2,500.00.
If the settlement is approved, the County is responsible for the following cost:
. Planning Fees:
$2,500.00
$2,500.00
-
TOTAL
Attached is the proposed Agreed Order providing for the above stated funds.
FISCAL IMP ACT: Funds in the amount of $2,500.00 are available in the FY 2007 adopted
budget. Source of funds are Oas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Agreed Order as to Parcels 136, 836 and 936; and
2. Approve the expenditure of funds as stated.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
.-
Item Number:
Item Summary:
Meeting Date:
Agenda hem No. 16K1
March 13, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Recommendation that the Board of County CommIssioners Approve an Agreed Order for
Expert Fees In Connection with Parcels 136 836 and 936 in tt'le Lawsuit Styled Collier
County v David J Frey, et at, Case No 03.2353.CA (Golden Gate Parkway, Project
#60027) Fiscal Impact $2,50000
3/13/200790000 AM
Assistant County Attorney
Date
Prepared By
Heidi F. Ashton
County Attorney
County Attorney Office
2122/200711 :25:21 AM
Director
Date
Approved By
Najeh Ahmad
Transportation Services
Transportation Engineering &
Construction Management
2/2212007 1: 1 B PM
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Approved By
Transportation Services
TEeM.ROW
2/22/20075:05 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
2127/200712:23 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
2/27120071 :32 PM
Lisa Taylor
ManagemenUBudget Analyst
Date
Approved By
Transportation Services
Transportation Administration
2/2B/2007 11 :39 AM
David C. Weigel
County Attorney
Date
Approved By
County Attorney
County Attorney Office
2/28/2007 2: 58 PM
Approved By
OM B Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
311120078:03 AM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
3/212007 439 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3!2!2007 5:01 PM
Agenda Item No. 16K1
March 13, 2007
Page 3 of 4
IN THE CIRCUIT COURT OF THE TWENTIETH J1JDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 03-2353-CA
Petitioner,
Parcel Nos.: 136, 836, 936
VS.
DA VID J. FREY, et aL,
Respondents.
I
AGREED ORDER FOR EXPERT FEES
TIllS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COlLIER COL"NTY, FLORIDA, by and through the undersigned counsel, and Respondent,
NANCY L. JOHNSON PERRY, SUCCESSOR-TRUSTEE OF THE DOROTHY L. JOHNSON
REVOCABLE INTER VIVOS TRUST UNDER AOREEMENT DATED JUNE 11, 1998
(hereafter "Respondent"), by and through her undersigned counsel, for entry of an Agreed Order,
and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondent receive from Petitioner, COlLIER
COUNTY, FLORIDA, the sum of Two Thousand Five Hundred Dollars and NollOO ($2,500.00)
for planning fees incurred by Morris-Depew Associates, Inc. in connection with Parcels 136, 836
and 936; it is further
ORDERED that within thirty (30) days of receipt by Petitioner of the Agreed Order entered
by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount of Two
Thousand Five Hundred Dollars and NollOO ($2,500.00) to the LAW OFFICES OF PAUL A.
Agenda Item No. 16K1
March 13, 2007
Page 4 of 4
BLUCHER, P.A. TRUST ACCOUNT, c/o Paul A. Blucher, Esquire, 7300 Delainey Court,
..
Sarasota, FL 34240 for proper disbursement.
DONE AND ORDERED this _ day of
, 2007 in Naples, Collier County,
Florida.
CIRCUIT COURT nmGE
Conformed copies to:
Heidi F. Ashton, Esquire
Paul A. Blucher, Esquire
FPL
Collier County Tax Collector
Kevin Hendricks, Acquisition Mgr/Transp.
Bookkeeping
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 136, 836 and 936.
Dated:
Dated:
@
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 0966770
COUNTY A TIORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATIORNEY FOR PETmONER
PAUL A. BLUCHER, ESQUIRE
Florida Bar No.: 0860409
LAW OFFICES OF PAUL A. BLUCHER, P.A.
7300 Delainey Court
Sarasota, Florida 34240
(941) 361-1145 - Telephone
(941) 361-1146 - Facsimile
AITORNEY FOR RESPONDENT
2
Agenda Item No. 16K2
March 13, 2007
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve the Offer of Judgment in the amount of $37,950
as to Parcel 134 in the lawsuit styled Collier County v. TreeSource, Inc., et al.,
Case No. 02-5167-CA (Immokalee Road Project No. 60018). (Fiscal Impact
$5,857.50)
OBJECTIVE: That the Board of County Commissioners approve and authorize the making of
an Offer of Judgment pursuant to S 73.032, Fla. Stat., to property owners Michael Blumert and
Janet W. Blumert, ("Respondents"), in the amount of $37,950, as full compensation, exclusive of
attorney's fees and costs, for the acquisition arising out of the condemnation of Parcel 134 in
Collier County v. TreeSource, Inc., et aI., Case No. 02-5167-CA (Immokalee Road Project No.
60018).
-
CONSIDERATIONS: On June 5, 2003, Collier County deposited $33,000 into the Court
Registry and acquired title to Parcel 134 in accordance with the Order of Taking entered on May
22,2003. The County Attorney's Office would like to make an Offer of Judgment in the amount
of $37,950, as full compensation for the property taken, exclusive of attorney's fees and costs.
See attachment. The making of the Offer will require Respondent to carefully assess hislher
claim within 30 days. If the offer is rejected and Respondent fails to recover more than $37,950
through settlement or jury verdict, the County will not be required to pay any costs, including
appraisal and other expert fees, incurred by Respondent after the date of the offer's rejection.
Should the Respondent accept, the County will be required to pay as follows:
. Additional Compensation for Parcel
. Statutory Attorney's Fees*
TOTAL COST:
$4,950.00
$ 907.50
$5,857.50
* Attorney's Fees are mandated by S 73.092, F.s., and are based on 33% of the difference
between settlement amount and the initial offer, i.e., 0.33 X ($37,950.00 - $35,200.00).
FISCAL IMPACT: Funds in the amount of $5,857.50 are available in the FY 2007 adopted
budget. Source of funds are Oas Taxes and/or Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve and authorize service of the Offer of Judgment;
2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the
offer is accepted.
-
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
02.0217/144
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K2
March 13. 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Recommendation to approve the Offer of Judgment in the amount of $37,950 as to Parcel
134 In the lawsUit styled Collier County v TreeSource, Inc.. et aI., Case No 02-5167-CA
(Immokalee Road Project No 60018). (Fiscallmpacl $5857 50)
3/13/2007900:00 AM
Assistant County Attorney
Date
Prepared By
Ellen T. Chadwell
County Attorney
County Attorney Office
2/161:20072;37:41 PM
Najeh Ahmad
Di rector
Date
Approved By
Transportation Services
Transportation Engineering &
Construction Management
2122/2007 1: 19 PM
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Approved By
'Transportation Services
TECM.ROW
2/22/20075:04 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
2/271200712:18 PM
Norm E. Feder. AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services. Admin.
2/27/2007 1 :31 PM
Lisa Taylor
ManagemenUBudget Analyst
Date
Approved By
Transportation Services
Transportation Administration
2128/2007 11:38 AM
Approved By
Ellen T. Chadwell
County Attorney
Assistant County Attorney
Date
County Attorney Office
2/28/20073:33 PM
David C, Weigel
County Attorney
Date
Approved By
County Attorney
County Attorney Office
3/112007 9:30 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
312120079.25 AM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Office at Management & Budget
3/21200711 :34 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
312f2007 5:04 PM
Agenda Item No. 16K2
March 13, 2007
Page 3 of 4
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner,
v.
Case No. 02-5167-CA
TREESOURCE, lNe. FIKI A CAPVENTURE
OF COLLIER COUNTY, INe., et aI.,
Parcel No. 134
Respondents.
I
OFFER OF .JUDGMENT
TO: Michael Blumert
Janet W. Blumert
c/o Kenneth A. Jones, Esq.
2320 First Street, Ste. 1000
Ft. Myers, FL 33901-3419
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues,
and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the
Respondents, MICHAEL BLUMERT and JANET W. BLUMERT ("Respondents"), 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 Respondents arising out of the
taking of Parcel 134, in the total amount of Thirty-Seven Thousand Nine Hundred Fifty and
No/too Dollars ($37,950.00), for Parcel 134, which includes the amount of $33,000.00 which
was deposited pursuant to the Order of Taking dated May 22, 2003.
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.
1
Agenda Item No. 16K2
March 13, 2007
Page 4 of 4
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for the Respondents' review upon reasonable notice
of such a request.
Dated this _ day of
,2007.
OFFICE OF THE COUNTY A ITORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY: ~
ELLEN T. CHADWELL, ESQUIRE ~
Florida Bar No. 0983860
A ITORNEY FOR PETITIONER
CERTIFICA TE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment
has been furnished via U.S. Mail to all parties listed below, on this day of
2007.
ELLEN T. CHADWELL
Michael Blumert, et ux
c/o Kenneth A. Jones, Esq.
Roetzel & Andress
2320 First St., Suite 1000
Ft. Myers, Florida 33901-3419
Michael Dodgion
11180 Immokalee Rd.
Naples, FL 34120
Collier County Tax Collector
c/o E. Glenn Tucker, Esq.
RHODES, TUCKER & OARRETSON
P. O. Box 887
Marco Island, Florida 34146
Michael Dodgion
360 18th Ave. NE
Naples, FL 34120
2
Agenda Item No. 16K3
March 13, 2007
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve an Offer of Judgment in the amount of $8,500.00 as to Parcel
803 in the lawsuit styled Collier County v. James M. Brown, et al., Case No. 06-0525-CA
(Santa Barbara Blvd. Project No. 62081). (Fiscal Impact if accepted: $3,066.91)
OBJECTIVE: That the Board of County Commissioners approve and authorize the making of
an Offer of Judgment pursuant to ~ 73.032, Fla. Stat., to property owners, Kenneth A. Wilborn
and Patricia A. Wilborn ("Respondents"), in the amount of $8,500.00, as full compensation,
exclusive of attorney's fees and costs, for the acquisition arising out of the condemnation of
Parcel 803 and Parcels 801 and 804 in Collier County v. James M. Brown, et al., Case No. 06-
0525-CA (Santa Barbara Blvd. Project No. 62081).
.~.-....
CONSIDERATIONS: On September 7, 2006, Collier County deposited $6,300.00 into the
Court Registry and acquired title to Parcel 803 in accordance with the Order of Taking entered
on August 29,2006. The County Attorney's Office would like to make an Offer of Judgment in
the amount of $8,500.00, as full compensation for the property taken, exclusive of attorney's fees
and costs. See attachment. The making of the Offer will require Respondents to carefully assess
their claim within 30 days. If the offer is rejected and Respondents fail to recover more than
$8,500.00 through settlement or jury verdict, the County will not be required to pay any costs,
including appraisal and other expert fees, incurred by Respondents after the date of the offer's
rejection. Should the Respondents accept, the County will be required to pay as follows:
. Additional Compensation for Parcel
. Statutory Attorney's Fees *
TOTAL COST:
$ 2,200.00
$ 866.91
$ 3,066.91
* Attorney's Fees are mandated by S 73.092, F.s., and are based on 33% of the difference
between settlement amount and the initial offer, i.e., 0.33 X ($8,500 - $5,873).
FISCAL IMPACT: Funds in the amount of $3,066.91 are available in the FY 07 adopted
budget. Source of funds are Oas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve and authorize service of the Offer of Judgment;
2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the
offer is accepted.
-
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K3
March 13, 2007
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K3
Recommendation to approve an Offer of Judgment In the amount of $8.500.00 as to Parcel
803 In the laWSUit styled COllier County v. James M. Brown. el al., Case No. 06.0525.CA
(Santa Barbara Blvd. Project No 62081). (Fiscal Impact if accepted $3,06691)
3113/2007900:00 AM
Assistant County Attorney
Date
Prepared By
Ellen T. Chadwell
County Attorney
County Attorney Office
2/16/2007 2:30,04 PM
Najeh Ahmad
Director
Date
Approved By
Transportation Services
Transportation Engineering &
Construction Management
2/22/2007 1: 19 PM
Right Of Way Acquisition Manager
Date
Approved By
Kevin Hendricks
Transportation Services
TEeM.ROW
2/22/20075:03 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
2/27/200712:01 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
2/27/2007 1 :31 PM
Lisa Taylor
Management/Budget Analyst
Date
Approved By
Transportation Services
Transportation Administration
2/28/200711:37 AM
Approved By
Ellen T. Chadwell
County Attorney
Assistant County Attorney
Date
County Attorney Office
2/28/20073:32 PM
OMB Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
3/1120078:01 AM
David C. Weigel
County Attorney
Date
Approved By
County Attorney
County Attorney Office
311/20079:31 AM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
3/212007 11: 33 AM
Approved By
Leo E. Ochs, Jr.
Board af County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/2/2007 5:07 PM
Agenda Item No. 16K3
March 13, 2007
Page 3 of 4
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 06-0525-CA-CAE
v.
JAMES M. BROWN, et al.,
Parcel: 803
Respondents.
I
OFFER OF JUDGMENT
TO: Kenneth A. Wilborn and Patricia A. Wilborn
c/o John P. Cardillo, Esq.
3550 East Tamiami Tr.
Naples, FL 34112-4999
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida
Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this
action to the Respondents, KENNETH A. WILBORN AND PATRICIA A. WILBORN, 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 Respondents, KENNETH A.
WILBORN AND PATRICIA A. WILBORN, arising out of the taking of Parcel 803 and Parcels
801 and 804, in the total amount of Eight Thousand Five Hundred and NollOO Dollars
($8,500.00), for Parcel 803 and any interest Respondents have in Parcels 801 and 804, which
includes the amount of $6,300.00 which was deposited pursuant to the Order of Taking dated
August 29, 2006.
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. 16K3
March 13, 2007
Page 4 of 4
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 Respondents' review upon
reasonable notice of such a request.
Dated this
day Of~ 2007.
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: n /
ELLEN T. CHADWELL, ESQUIRE ~
Florida Bar No. 0983860
ATIORNEY FOR PETITIONER
CERTIFICATION 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 all parties listed below, on this _ day of ,2007.
ELLEN T. CHADWELL, ESQUIRE
Kenneth A. Wilborn and Patricia A. Wilborn
c/o John P. Cardillo, Esq.
3550 East Tamiami Tr.
Naples, FL 34112-4999
Sprint - Florida, Incorporated
nlkla Embarc}
c/o James R. Myers, Esq.
SW ARTZ CAMPBELL LLC
12585 New Brittany Blvd.
Ft. Myers, FL 33907
Suncoast Schools Federal Credit Union
c/o Neil C. Spector, Esq.
KASS, SCHULER, SOLOMON, SPECTOR, FOYLE & SINOER, P.A.
P.O. Box 800
Tampa, FL 33601-0800
Agenda Item No. 17 A
March 13, 2007
Page 1 of 29
EXECUTIVE SUMMARY
Recommendation to approve Petition AVROW-2005-AR-7801, disclaiming, renouncing
and vacating the County's and the Public's interest in a 60 foot wide right-of-way
easement, known as 12th Street North (previously known by record plat as Second
Avenue) as recorded in Plat Book 3, Page 12, of the Public Records of Collier County,
Florida, and more specifically described in Exhibit "A" and to accept a drainage
easement over the entire vacated area comprised of three separate and segmented
drainage easements, as depicted and described in Exhibit "B", Exhibit "C" and Exhibit
"0" and a 20 foot wide access easement along the west 20 feet of the east 30 feet of the
proposed vacation area, as depicted and described in Exhibit "E".
OBJECTIVE:
To adopt a Resolution to vacate a 60 foot wide right-of-way easement, known as 1ih Street
North (previously known by record plat as Second Avenue) as recorded in Plat Book 3, Page
12, of the Public Records of Collier County, Florida, and more specifically described in Exhibit
"A" and to accept a drainage easement over the entire vacated area comprised of three
separate and segmented drainage easements, as depicted and described in Exhibit "B", Exhibit
"C", and Exhibit "0" and a 20 foot wide access easement along the west 20 feet of the east 30
feet of the proposed vacation area, as depicted and described in Exhibit "E".
-
CONSIDERATIONS:
Petition A VROW-2005-AR-7801, 1 ih Street North, has been received by the Engineering
Services Department from Jennifer Castillo of PMS, Inc. of Naples, as agent for the petitioners,
Carol Leech, M. Allen Milarcik, and George McKay, requesting a vacation of the referenced 60
foot wide right-of-way easement.
A drainage easement has been offered to Collier County for required drainage purposes over
the entire vacated area, along with a 20 foot wide access easement for access to the north % of
Lots 1 & 2 in Block "E", North Naples Highlands, according to the plat thereof as recorded in Plat
Book 3, at Page 12 of the Public Records of Collier County.
Letters of no objection have been received from applicable divisions/entities.
FISCAL IMPACT:
Engineering Services Department has collected a $1,000 "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. 17 A
March 13, 2007
Page 2 of 29
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution and associated
legal documents.
RECOMMENDATIONS:
Adopt the Resolution for Petition to vacate a 60 foot wide right-of-way easement, known as 12th
Street North (previously known by record plat as Second Avenue) as recorded in Plat Book 3,
Page 12, of the Public Records of Collier County, Florida, and more specifically described in
Exhibit "A".
Accept the three drainage easements depicted and described in Exhibit "B", Exhibit "C" and
Exhibit "0", which together cover the entire vacated area, and authorize the County Manager or
his designee to record the three drainage easements.
Accept a 20 foot wide access easement over the west 20 feet of the east 30 feet of the
proposed vacation area, for access to the north Yz of Lots 1 & 2 in Block "E", North Naples
Highlands, according to the plat thereof as recorded in Plat Book 3, Page 12 of the Public
Records of Collier County more specifically described in Exhibit "E" and authorize the County
Manager or his designee to record this access easement.
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., Land Surveyor
Engineering Services Department
~''-''
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17A
March 13. 2007
Page 3 of 29
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
This Item has been contmued indefinitely This item reqwces lhat all participants be swam m
and ex parte disclosure be provided by CommissIon members, Recommendation to approve
Petition AVROW.2005.AR.7801. 12TH Street North disclaiming, renouncing and vacaling the
Counlys and the Publics mterest In a 60 fool wide right of way easemenl, known as 12th
Street North (previously known by record plat as Second Avenue) as recorded in Plat Book 3,
Page 12. of the Public Records of Collier County, Florida. and more specifically described in
Exhibit A and to accept a drainage easement over the entire vacated area comprised of three
separate and segmented drainage easements, as depicted and described in Exhibit 8,
EXtliblt C and Ext1ibit D and a 20 foot wide access easement along the west 20 feet of the
east 30 feet of the proposed vacation area, as depicted and described in Exhibit E
3/13/20079:00,00 AM
Surveyor
Dale
Prepared By
Stephen Higgins
Community Development &
Environmental Services
CDES Engineering Services
2/5/2007 1 :33:35 PM
COES Engineering Services Director
Date
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
COES Engineering Services
2/5/2007 1 :57 PM
Constance A. Johnson
Date
App roved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
2/12/2007 2: 06 PM
Executive Secretary
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
2/13/2007 12:49 PM
Nick Casalanguida
Project Manager
Date
App roved By
Transportation Services
Transportation Planning
2/13/20074:19 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
2116/20073:45 PM
Assistant County Attorney
Date
Approved By
Jeff Wright
County Attorney
County Attorney Office
2/16/2007 5:26 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
2/26/20072:11 PM
Mar~ Isackson
Budget Aoalysl
Date
Approved By
County Manager's Office
Office of Management & Budget
2/26/20074:28 PM
Approved By
Leo E. Ochs. Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/1/20074:31 PM
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Agenda Item No. 17 A
March 13, 2007
Page 5 of 29
BBLS
SURVEYORS & MAPPERS INC.
l502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239) 597-1315
FAX: (239) 597-5207
LEGAL DESCRIPTION
RIGHT OF WAY TO BE VACATED
A PORTION OF SECOND AVENUE, NORTH NAPLES HIOHLANDS, ACCORDINO
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 12 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEINO MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1, BLOCK E OF
SAID NORTH NAPLES HIGHLANDS; THENCE S.89012'19"W., A DISTANCE OF
60.00 FEET TO THE SOUTHEASTERLY CORNER OF LOT 16, BLOCK C OF SAID
NORTH NAPLES HIGHLANDS; THENCE N.Ol o06'55"W., ALONG THE EASTERLY
LINE OF SAID LOT 16, A DISTANCE OF 135.91 FEET TO THE NORTHEASTERLY
CORNER OF SAID LOT 16; THENCE N.890l0'04"E., ALONO THE NORTHERLY
LINE OF SAID NORTH NAPLES HIGHLANDS, A DISTANCE OF 60.00 FEET TO
THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S.01006'55"E.,
ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 135.95 FEET
TO THE POINT OF BEGINNING.
BEARINOS SHOWN HEREON REFER TO NORTH NAPLES HIOHLANDS,
ACCORDINO TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE
12 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
THIS PROPER.TY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIQN-S0F RECORD.
.- ~--
~ ~~ 05/02/05
STEPHEN E~B~R.Y~?sl' A TE OF FLORIDA, (P .S.M. #5296)
BBLS'SURVEY9R~'~'::-MAPPERS INC., (L.B. #6753)
PROOFED BY .~ . .
Z:\PROJECTS\2OQ5\0S39 HIGHLANDS NAPLES\0539 ROW.DOC
REVISED 11107/06 _' .'
(SEE ATTACHED SKETCH - 0539 ROW SKETCH)
. SHEET 1 OF 2
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P.B. 3, PAGE 12
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NOTES:
Agenda Item No. 17 A
March 13, 2007
Page 6 of 29
N89'10'04-"E
"TO'
NORTHERLY LINE OF
NORTH NAPLES HIGHLANDS
P.B. 3, PAGE 12
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1.) BEARINGS SHOWN HEREON REFER TO NORTH NAPLES
HIGHLANDS. ACCORDING TO THE PLAT THEREOF RECORDED IN
PLA T BOOK .3 AT PAGE 12 OF THE PUBLIC RECORDS OF COLLIER
COUNTY. FLORIDA
2.) THIS PROPERTY !S SUBJECT TO EASEMENTS, RESERVATIONS
OR RESTR!CTlONS OF RECORD.
LEGEND
POINT OF BEGINNING
PLA T BOOK
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3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS
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THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
BBLS SURVEYORS & MAPPERS INC.
1502-A RAIL HEAD BLVD.
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RIGHT OF WAY TO BE VACATED
SECOND A VENUE, NORTH NAPLES HIGHLANDS
PLAT BOOK 3, PAGE 12, COLLIER COUNTY, FLORIDA.
NAPLES, FLORtDA 34110 (239)597-1315
.,
Prepared by:
Adam P. Chenell, Esq.
Garlick, Stetler & Pceples~ LLP
5551 Ridgewood Drive, Suite 101
Naples, FL 34108
Agenda Item No. 17 A
March 13, 2007
Page 7 of 29
DRAINAGE EASEMENT
'31"(.1 (} n -
THIS EASEMENT, granted this. day of {~~ . 2006. by Carol A. Leech,
as Trustee of the Carol A. Leech Revocable Trust U/ 12/11/00. as Grantor. to the BOARD
.OF. COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA, AS TIm,
GOVERNING BODY OF COrLIER. COUNTY AND AS EX-OFFICIO TIm GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and
assigns. as Grantee.
WITNESSETH: That the Grantor for and in consideration of the sum often dollars ($10.00) and
other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged,
hereby conveys, grants, bargains and sens unto the Grantee, its successors and assigns, a
perpetual, non-exClusive easement, license, and privilege to enter upon and 10 install, relocate
and/or maintain drainage facilities, in, on, over and under the following described lands being
located in Collier County, Florida, to wit:
See attaehed Exhibit "AIf which is incorporated herein by reference
TO HA VB AND TO HOW the same unto the Grantee and its assigns, together with the right to
enter upon said ~ excavate, relocate and/or take materials for the purpose of constructing,
operating, relocating and/or maintaining the subject drainage facilities thereon. Grantor and
Grantee are used for singular or plural, as the context requires.
IN WITNESS WHEREOF. the Orantor has caused these presents to be executed the date and
year first above written.
wrrNESSES:
~ &,-A~'fv'~
(Sign ame)
~~ /3e,ih B Ljift <-J
(Print ame)
(!~~C<.~
Carol A. Leech, TrUstee of the Carol A. Leech
Revocable TlUSt UI AID 12/11/00
.., ,
Agenda Item No. 17 A
March 13, 2007
Page 8 of 29
STAlE OF FLORIDA P c--
COUNTY OF tAJ C~ V'-"j~
The foregoing instrument was acknowledged before me this 3 l~d day of ~. 2006, by Carol
A. Leech, Trustee of the Carol A. Leech Revocable Trust U/AID 12111/00~rsona1ly known
to me or who has produced P t,- d <l";....(::. I.. ...~ as identification.
II
L~ ,~.b-;~
No~ lie
':1 [) (. -tr, (3 '-j r.'l"('s
Printed Name
II t{ 6L ;5
Commission No.
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
"1- ,;).) . D "}
Expiration Date
J1:I f P
Notarial Seal
Amy Beth Byrnes, Notary Public
Peters Twt'., WIIbinpon CoUftty
My CommisslOll ExpireS Apr. 22, 2007
Member, Pennaylvanle AssocIatIon of Notaries
-2-
.,
Agenda Item No. 17 A
March 13, 2007
Page 9 of 29
BBLS
SURVEYORS AND MAPPERS
l502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239)-597-1315
FAX: (239)-597-5207
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PORTION OF SECOND AVENUE, NORTH NAPLES HIGHLANDS,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE
12 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEINO
MORE P ARTICULARL Y DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1, BLOCK E OF
SAlD NORTH NAPLES HIGHLANDS, THENCE S.Ol o06'55"E., ALONO THE
WESTERLY LINE OF SAID LOT 1, BLOCK E, A DISTANCE OF 67.98 FEET;
THENCE S.89009'57"W., A DISTANCE OF 30.00 FEET; THENCE N.Ol o06'55"W.,
A DISTANCE OF 67.98 FEET TO THE NORTHERLY LINE OF SAID NORTH
NAPLES HIGHLANDS; THENCE N.890} 0'04"E., ALONG SAID NORTHERLY
LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. PARCEL
CONTAINS 0.05 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO NORTH NAPLES HIGHLANDS,
ACCORDINO TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAOE
12 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
- - -
~ -'-_~~ 03/10/06
STEPHEN E.'BERRY, STATEOF FLORIDA, (L.S. #5296)
BBLS SURVEYORS AND MAPPERS INC., (L.B. #6753)
PROOFED B~ _ 03/10/06
(SEE ATTACHED SKETCH-SHEET 2 OF 2)
SHEET 1 OF 2
Z:\PROJECTS\2005\0539 HIGHLANDS NAPLES\survey\DRAlN EASE U1.DOC
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SCALE: 1" = 30'
LOT 16
BLOCK C
NORTH NAPLES
HIGHLANDS
P.B. 3, PAGE 12
60'
RIGHT DF-
'WAY
NOTES:
Agenda Item No. 17 A
March 13, 2007
Page 10 of 29
NORTHERLY LINE OF
NORTH NAPLES HIGHLANDS
P.B. 3, PAGE 12
NB9iO'04"E
30.00'
30'
DRAINAGE-
EASEMENT
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1.) BEARINGS SHOWN HEREON REFER TO NORTH NAPLES
HIGHLANDS, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLA T BOOK 3 AT PAGE 12 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA
2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS
OR RESTRICTIONS OF RECORD.
LEGEND
POINT OF BEGINNING
PLA T BOOK
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P.B.
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS
THEREOF.
<0
~
~~
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Q 0
THIS IS OT A V Y
SKETCH TO ACCOMPANY LEGAL DESCR1PTION
DRAINAGE EASEMENT
A PORTION OF SECOND A VENUE, NORTH NAPLES HIGHLANDS
PLAT BOOK 3, PAGE 12, COLLIER COUNTY, FLORIDA.
BBLS SURVEYORS & MAPPERS INC.
1502-A RAIL HEAD BLVD.
NAPLES. FLORIDA 34110 (239) 597-1315
,
-,
Agenda Item No. 17 A
March 13, 2007
Page 11 of 29
..
,
~oparcd by:
Adam P. O1enell, Esq.
Garlick, Stetler &. Peeples, u.P
5551 Ridgcwood.Drive, Suite 101
Naples, FL 34108
DRAINAGE EASEMENT
TInS EASEMENT, granted this ;l"1 day of ~ ~ I 2006, by M. Allen
Milarcik ami Je .\u. )(llaroik, as Grantor, to the BOARD 0 COUNTY COMMISSIONERS
OF COLLIER COUN1Y, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNIY
AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUN1Y W ATER-
SBWBR.D!81"ftI€T, its sueoeuom and assigDs, .. Graatee.----..,- -- - .'.
WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and
other valuable consideration paid by the Orantcc, receipt of which is hereby admowledged,
hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns. a
perpetual, non-exclusive casement, license, and privilege to enter upon and to install, relocate
and/or mainfBin drainage facilities, in, on, over and under the following described lands being
located in Collier County, Florida, to wit:
~ .ttadled E:ddblt "A" wbieIl is mcorporated herdD. by menace
TO HA VB AND TO HOLD the same unto the Grantee and its assigns, together with the right to.
enter upon said land, excavate, relocate and/or take materials for the pmpose of constructing,
operating.. relocating and/or maintaining the subject drainage facilities thereon. Grantor and
Grantee are used for singular or plural, as the context requires.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year :first above written.
~
a ,.0 e e.. d.W
(print Name)
~~
(Sign Name)
(Print Name)
19 AJ;I~ MlI~k
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Agenda Item No. 17 A
March 13,2007
Page 12 of 29
STATE OF FLOl3,IDJ\..
COUN1Y OF Ckl ~~
The furcgoing iostrumcnt was _lodged bcfoI<> me thiB~ Ofr"t . 2006, by
M. AUk Milarcik ~ Jo-A1m h1:iidlcik, :who ~e ~nally known to me or who ;ve produced .
..o"'~. .._c:ati~ ~"'--~
N lon, Notary Public -
.NOTARY RUBBER STAMP SEAL &AlA nf ()/;)iQ .
'-OR EMBOSSED SEAL ~Expires. Dec. 12.2010
Commission No.
Expiration Date
-2-
Agenda Item No. 17 A
March 13, 2007
Page 13 of 29
BBLS
SURVEYORS AND MAPPERS
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239)-597-1315
FAX: (239)-597-5207
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PORTION OF SECOND AVENUE, NORTH NAPLES HIGHLANDS,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE
12 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1, BLOCK E OF
SAID NORTH NAPLES HIOHLANDS; THENCE S.89012'19"W., A DISTANCE OF
30.00 FEET; THENCE N.Ol o06'55"W., A DISTANCE OF 67.95 FEET; THENCE
N.89009'57"E., A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY
LINE OF SAID LOT 1, BLOCK E; THENCE S.01006'55"E., ALONO SAID
WESTERLY LINE, A DISTANCE OF 67.98 FEET TO THE POINT OF
BEGINNING. P ARCEL CONTAINS 0.05 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO NORTH NAPLES HIGHLANDS,
ACCORDINO TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE
12 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
~~ 03/10/06
STEPHEN E. BERRY, STATE OF FLORIDA, (L.S. #5296)
BBLS SURVEYORS AND MAPPERS INC., (L.B. #6753)
PROOFED B~ _ 03/10/06
(SEE ATTACHED SKETCH-SHEET 2 OF 2)
SHEET 1 OF 2
Z:\PROJECfS\2005\0539 HIGHLANDS NAPLES\survey\DRAlN EASE II.DOC
1.) BEARINGS SHOWN HEREON REFER TO NORTH NAPLES
HIGHLANDS, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK :3 AT PAGE 12 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA
2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS
OR RESTRICTIONS OF RECORD.
. .
.. .
N
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SCALE: 1" =30'
LOT 16
BLOCK C
NORTH NAPLES
HIGHLANDS
P.8. 3, PAGE 12
6 '
RIGHT OF -
'WAY
NOTES:
Agenda Item No. 17 A
March 13, 2007
Page 14 of 29
NORTHERLY LINE OF
NORTH NAPLES HIGHLANDS
P.8. 3, PAGE 12
I I
~3000'~
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POINT OF BEGINNING
PLAT BOOK
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS
THEREOF.
CD
o
"
..0
~,
-< '"
Q 0
THIS IS N A S ~
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PORTION OF SECOND A VENUE, NORTH NAPLES HIGHLANDS
PLAT BOOK 3, PAGE 12. COLLIER COUNTY, FLORIDA.
BBLS SURVEYORS & MAPPERS INC.
1502-A RAIL HEAD BLVD.
NAPLES, FLORIDA 34110 (239) 597-1315
. .
"
Prepared by:
Adam P. Chenell, Esq.
08rlick, Stetler 8r. Peeples, lLP
5551 Rid&ewood Drive, Suite 101
NaplO$, FL 3410&
DRAINAGE EASEMENT
Agenda Item No. 17 A
March 13, 2007
Page 15 of 29
THIS EASEMENT, grantod 1bis .5 d day of ~JLJ -r , 2006, by OeoIll" McKay,
as Grantor, to the BOARD OF COUNTY c6 SSIONERS OF COLLIER COUNTY,
'. FLuID.1JX,-;tS THJ:fUOVERNING BODY'OY COLLIER COUNTY AND AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its
successors and assigns, as Grantee.
WITNESSETH: That.the Grantor for and in consideration of the sum often dollars ($10.00) and
other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged,
hereby conveys, grants; bargains and. sells UIlt9 the Grantee, its successors and assigns, a
perpetual, non-exclusive easement, license, and privilege to enter upon and to install, relocate
and/or maintain drainage facilities. in. on, over and under the following described lands being
located in Collier County, Florida, to wit:
See attached ExIrlbit "A to which is incorporated hereiD by reference
TO HA VB AND TO HOLD the same unto the Grantee and its assigns, together with the right to
enter upon said 1an~ excavate. relocate and/or take materials for the pmpose of constructing,
operating. relocating and/or maintaining the subject drainage facilities thereon. Grantor and
Grantee are used for singular or plural, as the context :requires.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above .
~.7?1.~. .... --
George Kay ~
. .
,n- ~-- -"-.......-....
Agenda Item No. 17 A
March 13,2007
Page 16 of 29
STATE OF FLO?:'!I: .
COUNTY OF I-Pr
The foregoing instrument was acknowledged before me this :? J:J1,
George McKay who is personally known to me or who has produced
as identification:-
Of~ 2006. by
..-...-----.
--.
....Na ._.,....
I:l 'I~ ........._._
C 'III n' DO 4R7ft
Aun
wteroY\
~r/lJr
:tioi Date
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
-2-
. ,
Agenda Item No. 17 A
March 13, 2007
Page 17 of 29
BBLS
SURVEYORS AND MAPPERS
l502-A RAILHEAD BLVD,
NAPLES, FLORIDA 34110
TELEPHONE: (239)-597-1315
FAX: (239)-597-5207
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PORTION OF SECOND AVENUE, NORTH NAPLES HIOHLANDS,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE
12 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEINO
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHWESTERLY CORNER OF LOT 1, BLOCK E OF
SAID NORTH NAPLES HIGHLANDS; THENCE S.89012'19"W., A DISTANCE OF
30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREIN DESCRIBED; THENCE CONTINUE S.890l2'19"W., A DISTANCE OF
30.00 FEET TO THE SOUTHEASTERLY CORNER OF LOT 16, BLOCK C OF
SAID NORTH NAPLES HIOHLANDS; THENCE N.Ol o06'55"W., ALONO THE
EASTERLY LINE OF SAID LOT 16, A DISTANCE OF 135.91 FEET TO THE
NORTHEASTERLY CORNER OF SAID LOT 16; THENCE N.890l0'04"E., ALONO
THE NORTHERLY LINE OF SAID NORTH NAPLES HIGHLANDS, A DISTANCE
OF 30.00 FEET; THENCE S.OI o06'55"E., A DISTANCE OF 135.93 FEET TO THE
POINT OF BEGINNING. PARCEL CONTAINS 0.09 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO NORTH NAPLES HIOHLANDS,
ACCORDINO TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE
12 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
~ --- - ~~ \.-/ - 03/10/06
STEPHEN E. BERRY, STATE OF FLORIDA, (L.S. #5296)
BBLS SURVEYORS AND MAPPERS INC., (L.B. #6753)
PROOFEDBY~ _ 03110/06
(SEE ATTACHED SKETCH-SHEET 2 OF 2)
SHEET 1 OF 2
Z:\PROJECTS\2005\0539 HIGHLANDS NAPLES\sulvey\DRAIN EASE I. DOC
Agenda Item No. 17 A
March 13, 2007
Page 18 of 29
N89" O'04"E
30.00'
NORTHERLY LINE OF
NORTH NAPLES HIGHLANDS
P.B. 3, PAGE 12
30'
DRAINAGE
EASEMENT
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P.O.C.
SOUTHWESTERLY CORNER OF
LOT 1, NORTH NAPLES HIGHLANDS,
P.B. 3, PAGE 12, COLLIER COUNTY, FLORIDA
~RIGHT OF W~Y ~INE
6 .
RIGHT OF -
WAY
" 30,00'
L~=J.~ FRANK WHITEMAN BOULEVARD
~CENTERLlNE ' "_.'. - +
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~RIGHT OF WAY LINE
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NOTES:
1.) BEARINGS SHOWN HEREON REFER TO NORTH NAPLES
HIGHLANDS, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 3 AT PAGE 12 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA
2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS
OR RESTRICTIONS OF RECORD.
LEGEND
ID
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..,
THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PORTION OF SECOND A VENUE, NORTH NAPLES HIGHLANDS
PLA T BOOK 3, PAGE 12, COLLIER COUNTY, FLORIDA.
..
~
~
SHEET20F2 ~
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS
THEREOF.
BBLS SURVEYORS & MAPPERS INC.
'.-
1502-A RAIL HEAD BLVD.
NAPLES, FLORIDA 34110 (239) 597.1315
Agenda Item No. 17 A
March 13, 2007
Page 19 of 29
This instrument prepared by:
Andrew O. Elliott, Esq.
Garlick., Stetler & Peeples. LLP
5551 Ridgcwood Drive, Suite 101
Naples, FL 34108
ACCESS EASEMENT
This Access Easement made and executed this _ day of , 2006 by Carol
A. Leech, Individually and as Trustee of the Carol A. Leech Revocable Trust U/AfD 12/11/00,
whosemailingaddressis536ChurchHillRoad.Venetia.PAI5367 , its successors andlor assigns,
hereafter known as "Grantor," to Collier County, a political subdivision of the State of Florida,
whose mailing address is 3301 East Tamiami Trail, Naples, Florida, 34112, its successors and
assigns, hereinafter referred to as "Grantee."
WITNESSETH: . That the Grantor for and in consideration of the sum of ten dollars ($10.00) and
other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby
convey, grant, bargain and sell Wlto the Grantee, its successors and assigns, a perpetual, non-
exclusive easement, license, and privilege of ingress and. egress for the sole purpose of permitting
emergency and other service vehicles to gain access to the North ~ of Lots 1 and 2, Block E, North
Naples Highlands, as recorded in Plat Book 3, Page 12, Public Records of Collier County, Florida,
without responsibility for maintenance upon the following described lands being located in Collier
County, Florida, to wit:
See attached Exhibit" A" which is incorporated herein by reference
TO HA VB AND TO HOlD the same unto the Grantee and its assigns, subject to easements,
restrictions, and reservations of record. Grantor and Grantee are used for singular or plural, as the
context requires.
1. The easement granted herein shall be non-exclusive and Grantor reserves and retains
the right to use the property described in Exln'bit "A" for any and all other pmposes which do not
unreasonably interfere with and prevent the use by Grantee of the Easement, and Grantor reserves
and retains the right to convey similar rights and easements to such other persons as Grantors may
deem proper.
2. Nothing in this easement shall be construed to give any easement, license, or
privilege of ingress and egress to the public upon said property for any reason.
rn WITNESS WHEREOF, Grantor has executed this Access Easement on the day and year
first above written.
Agenda Item No. 17 A
March 13, 2007
Page 20 of 29
Signed, Sealed and Delivered in the
Presence of:
Print Name:
Carol A. Leech, Individually and as Trustee of
the Carol A. Leech Revocable Trust VI AID
12/11/2000
Print Name:
STATE OF
COUN1Y OF
The foregoing instrument was acknowledged before me this _ day of .
2006, by Carol A. Leech, Individually and as Trustee of the Carol A. Leech Revocable Trust U/AfD
12/1112000, who is personally known to me or who has produced as
identification.
NOTARY PUBLIC
Name:
Serial #:
My Commission Expires:
-2-
Agenda Item No. 17 A
March 13, 2007
Page 21 of 29
Exhibit uN'
Easement Property
!,.-
-3-
Agenda Item No. 17 A
March 13, 2007
Page 22 of 29
BBLS
SURVEYORS & MAPPERS INC.
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239) 597-1315
FAX: (239) 597-5207
LEGAL DESCRIPTION
20 FOOT ACCESS EASEMENT
A PORTION OF SECOND A VENUE, NORTH NAPLES HIGHLANDS, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 12 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHWESTERLY CORNER OF LOT 1, BLOCK E OF
SAID NORTH NAPLES HIGHLANDS; THENCE RUN N.OI o06'55"W., ALONG THE
WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 67.98 FEET, THENCE RUN
S.89009'57"W., A DISTANCE OF I 0.00 FEET TO THE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
S.89009'57"W., A DISTANCE OF 20.00 FEET; THENCE RUN N.Ol o06'SS"W., A
DISTANCE OF 67.98 FEET TO THE NORTHERLY LINE OF SAID NORTH
NAPLES HIGHLANDS; THENCE RUN N.8901 0'04"E., ALONG SAID NORTHERLY
LINE, A DISTANCE OF 20.00 FEET; THENCE RUN S.Ol o06'55"E., A DISTANCE
OF 67.98 FEET TO THE POINT OF BEGINNING.
,
,
,
i
i
I.
I
I
BEARINGS SHOWN HEREON REFER TO NORTH NAPLES HIGHLANDS,
ACCORDING TO THE PLAT THEREOF RECORDED IN PIA T BOOK 3 AT PAGE
12 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND
RESERVATIONS OF RECORD.
PROOFED BY
Z:\PROJECTS\200~S39 HIGHLANDS NAPLES\OS39 N AE.DOC
(SEE A IT ACHED SKETCH - SHEET 2)
SHEET 1 OF 2
NORTHERL Y LINE OF
~NORTH NAPLES HIGHLANDS
N89"lD'04'E P.B. 3, PAGE '2
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Agenda Item No. 17 A
March 13,2007
Page 23 of 29
NORTH 1/2 OF
LOTS 1 & 2
BLOCK E
NORTH NAPLES
HIGHLANDS
P.B. 3, PAGE 12
~
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SOUTH 1/2 Of
LOTS , & 2
BLOCK E
NORTH NAPLES
HIGHLANDS
P.B. 3, PAGE \2
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NOTES:
1.) BEARINGS SHOWN HEREON REFER TO NORTH NAPLES
HIGHLANDS, ACCORDING TO THE PLAT THEREOF RECORDED 'IN
PLAT BOOK .3 AT PAGE 12 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA
2.) THIS PROPERTY IS SUBJECT TO EASEMENTS. RESERVATIONS
OR RESTRICTIONS OF RECORD.
P.O.C.
P.O.B.
A.E.
P.B.
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS
THEREOF.
LEGEND
POINT OF COMMENCEMENT
POINT OF BEGINNING
ACCESS EASEMENT
PLAT BOOK
(:)
,.,
THIS IS NOT A SU VEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
BBLS SURVEYORS & MAPPfERS INC.
1502~A RAIL HEAD BLVD.
NAPLES, FLORIDA 34110 (239) 597.1315
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'-
20 FOOT ACCESS EASEMENT
SfECOND A VfENUE, NORTH NAPLfES HIGHLANDS
PLA T BOOK 3, PAGE 12, COL/.IER COUNTY, FLORIDA.
Agenda Item No. 17 A
March 13, 2007
Page 24 of 29
This instrument prepared by:
Andrew G. Elliott, Esq.
Garlick, Stetler & Peeples. LLP
5551 Ridgewood Drive, Suite 101
Naples, FL 34108 .
ACCESS EASEMENT
This Access Easement made and executed this _ day of , 2006 by M.
Allen Milarcik, whose mailing address is 3750 12th Street N., Naples, Florida 34103, its successors
andlor assigns hereafter known as "Grantor," to Collier County, a political subdivision of the State
of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida, 34112, its
successors and assigns, hereinafter referred to as "Grantee."
WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and
other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby
convey, grant, bargain and sell unto the Grantee, its successors and assigns, a perpetual, non-
exclusive easement, license, and privilege of ingress and egress for the sole purpose of permitting
emergency and other service vehicles to gain access to the North Yz of Lots 1 and 2, Block E, North
Naples Highlands, as recorded in Plat Book 3, Page 12, Public Records of Collier County, Florida,
without responsibility for maintenance upon the following described lands being located in Collier
County, Florida, to wit:
See attached Exhibit" A" which is incorporated herein by reference
TO HAVE AND TO HOLD. the same unto the Grantee and its assigns, subject to easements,
restrictions, and reservations of record. Grantor and Grantee are used for singular or plural, as the
context requires.
1. The easement granted herein shall be non-exclusive and Grantor reserves and retains
the right to use the property described in Exhibit "A" for any and all other purposes which do not
unreasonably interfere with and prevent the use by Grantee of the Easement, and Grantor reserves
and retains the right to convey similar rights and easements to such other persons as Grantors may
deem proper.
2. Nothing in this easement shall be constrned to give any easement, license, or
privilege of ingress and egress to the public upon said property for any reason.
IN WITNESS WHEREOF, Grantor has executed this Access Easement on the day and year
first above written.
Agenda Item No. 17 A
March 13, 2007
Page 25 of 29
Signed, Sealed .and Delivered in the
Presence of:
Print Name:
M. Allen Milarcik
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of .
2006. by M. Allen Milarcik. who is personally known to me or who has produced
as identification.
NOTARY PUBLIC
Name:
S.erial #:
My Commission Expires:
-2-
Agenda Item No. 17 A
March 13, 2007
Page 26 of 29
Exlnbit "An
Easement Property
.,3-
Agenda Item No. 17 A
March 13,2007
Page 27 of 29
BBLS
SURVEYORS & MAPPERS INC.
1502-A RAILHEAD BLVD.
NAPLES, FLORIDA 34110
TELEPHONE: (239) 597-1315
FAX: (239) 597-5207
LEGAL DESCRIPTION
20 FOOT ACCESS EASEMENT
A PORTION OF SECOND AVENUE, NORTH NAPLES HIGHLANDS, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 12 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUTHWESTERLY CORNER OF LOT 1, BLOCK E OF
SAID NORTH NAPLES HIGHLANDS; THENCE RUN S.89012119"W., A DISTANCE
OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREIN DESCRIBED; THENCE CONTINUE S.89012'19"W., A DISTANCE OF 20.00
FEET; THENCE RUN N.Ol o06'55"W., A DISTANCE OF 67.95 FEET; THENCE RUN
N.89009'57"E., A DISTANCE OF 20.00 FEET; THENCE RUN S.Ol o06'55"E., A
DISTANCE OF 67.97 FEET.TO THE POINT OF BEGINNING.
BEARINGS SHOWN HEREON REFER TO NORTH NAPLES HIGHLANDS,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE
12 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
THIS PRQPERTY!IS, SUBJECT TO EASEMENTS, RESTRlCTIONS AND
RESERV ATI0N:{OF'~ECORD.
. I'. '.;'.', .
~ 'I" I ", ..;
~. ~ S~ 12/07/06
STEPHEN E. BERRY, STATE OF FLORIDA, (P.S.M. #5296)
BBLS SURVEYORS. & MAPPERS INC., (L.B. #6753)
PROOFED BY S e9
Z:\PROJECTS\2005\OS39 HIGHLANDS NAPLES\OS39 S AE.DOC
(SEE ATTACHED SKETCH - SHEET 2)
SHEET 1 OF 2
Agenda Item No. 17 A
March 13, 2007
Page 28 of 29
NORTHERLY LINE OF
NORTH NAPLES HIGHLANDS
P.B. 3. PAGE 12
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C2 i NORTH NAPLES
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RIGHT DF-
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~
NOTES:
1,) BEARINGS SHOWN HEREON REFER TO NORTH NAPLES
HIGHLANDS. ACCORDING TO THE PLAT THE~EOF RECORDED IN
PLAT BOOK .:5 AT PAGE 12 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA
2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS
OR RESTRICTIONS OF RECORD.
LEGEND
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS
THEREOF.
p.o.e.
P.O.B.
A.E.
P.B.
POINT OF COMMENCEMENT
POINT OF BEGINNING
ACCESS EASEMENT
PLA T BOOK
co
~
~:;
..c;:;'
Q-
b
,..,
THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
20 FOOT ACCESS EASEMENT
SECOND A VENUE, NORTH NAPLES HIGHLANDS
PLA T BOOK 3, PAGE 12, COLLIER COUNTY, FLORIDA.
BBLS SURVEYORS & MAPPERS INC.
1502.A RAIL HEAD BLVD.
NAPLES, FLORIDA 34110 (239) 597-1315
RESOLUTION NO. 07-_
Agenda Item No. 7 A
March 13, 07
Page 29 29
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
AVROW-2005-AR-7801 12TH STREET NORTH R/W, DISCLAIMING,
RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S
INTEREST IN A 60 FOOT WIDE RIGHT-OF-WAY EASEMENT,
KNOWN AS 12TH STREET NORTH (FORMERLY KNOWN BY
RECORD PLAT AS "SECOND A VENUE"), NORTH NAPLES
HIGHLANDS, AS RECORDED IN PLAT BOOK 3, PAGE 12 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE
SPECIFICALLY DESCRIBED IN EXHIBIT "A", AND ACCEPTING A
DRAINAGE EASEMENT OVER THE ENTIRE VACATED AREA,
COMPRISED OF THREE SEPARATE AND SEGMENTED DRAINAGE
EASEMENTS AS DEPICTED AND DESCRIBED IN EXHIBITS "B", "c"
& "D", AND A 20 FOOT WIDE ACCESS EASEMENT ALONG THE
WEST 20 FEET OF THE EAST 30 FEET OF THE PROPOSED
VACATION AREA, AS DEPICTED AND DESCRIBED IN EXHIBIT "E"
WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioners, Carol Leech, M.
Allen Milarcik and George McKay, have requested the vacation of a 60 foot wide right-of-way
easement known as 1ih Street North (formerly known by plat as "Second Avenue"), North
Naples Highlands, as recorded in Plat Book 3, Page 12 of the Public Records Collier County,
Florida, and more specifically described in Exhibit' A'; and
WHEREAS, in conjunction with, and as part of, Petitioners' request, Petitioners have
offered, for dedication and acceptance by the County, a 60 foot wide (combined) drainage
easement over the entire vacated area, comprised of three separate and segmented areas as
depicted and described in Exhibits "B", "c" & "D", and a 20 foot wide access easement over the
west 20 feet of the east 30 feet of the proposed vacated area as access to the North 112 of Lots 1 &
2 in Block "E", North Naples Highlands, according to the plat thereof as recorded in Plat Book 3,
Page 12 of the Public Records of Collier County, Florida, depicted and described in Exhibit "E",
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 Petitioners' 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 right-
of-way easement 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 that the County hereby accepts the grant of three
Drainage Easements, attached as Exhibits "B", "c" and "D", along with a 20 foot wide Access
Easement attached as Exhibit "E", and this action is declared to be in the Public interest and for
the Public's benefit.
This Resolution adopted after motion, second and majority vote favoring same, this
_ day of ,2007.
DATE:
A TrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES COLETr A, CHAIRMAN
By:
Jeff
Agenda Item No. 178
March 13, 2007
Page 1 of 107
EXECUTIVE SUMMARY
RZ-2005-AR-7445, D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A.,
representing Collier County Community Development and Environmental Services
Division, requesting a rezone from the Conservation Zoning District with an Area of
Critical State Concern and a Special Treatment Overlay (Con-ACSC/ST) and the Village
Residential Zoning District with an Area of Critical State Concern and a Special
Treatment Overlay (VR-ACSC/ST) Zoning District to the Village Residential Zoning
District with an Area of Critical State Concern and a Special Treatment Overlay (VR-
ACSC/ST-4) Zoning District for property located in Sections 12 and 13, Township 52
South, Range 29 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider the petitioner's request to rezone
96 acres from the Conservation Zoning District with an Area of Critical State Concern and a
Special Treatment Overlay (Con-ACSC/ST) and the Village Residential Zoning District with an
Area of Critical State Concern and a Special Treatment Overlay (VR-ACSC/ST) Zoning District
to the Village Residential - Area of Critical State Concern/Special Treatment with a limit of four
residential dwelling units per acre (VR-ACSC/ST (4)) zoning district, and ensure the project is in
harmony with all the applicable codes and regulations in order to ensure that the community's
interests are maintained.
CONSIDERA TIONS:
Subsection 10.03.05 EA. of the Land Development Code requires two public hearings by the
BCC for rezone applications submitted by the County. The first of the two required public
hearings for this rezoning petition was held on February 27, 2007. The petitioner wishes to
rezone 96 acres to the Village Residential - Area of Critical State Concern/Special Treatment
with a limit of four residential dwelling units per acre (VR-ACSC/ST (4)) zoning district. The
subject rezoning area is located in the northwestern half of the designated Urban Area of
Copeland, and west of S.R. 29, in Sections 12 and 13, Township 52 South, Range 29 East,
Collier County, Florida. The urban designated area of Copeland, as identified on the Growth
Management Plan's Future Land Use Map, has two separate zoning district classifications:
Village Residential (VR) and Conservation (CON). The Copeland area contains a mix of single-
family and mobile home residential units. The existing zoning boundary line between the two
zoning districts not only splits this small community into two different residential land uses, but
also divides several of the existing lots in the community. As a result, many residents have
indicated that they have had problems with obtaining building permits because of the split zoning
on these lots. This has also created confusion among the County Staff and individual property
owners. The Copeland Civic Association has requested that this discrepancy be abated. At the
request of the Board of County Commissioners, the Operations Support and Housing Department
submitted this petition which would amend the zoning map to correct this discrepancy, and limit
the density to four residential units per acre. It should be noted that mobile homes are not a
RZ-2005-AR-7445
Page 1 of5
Executive Summary - 2
Agenda Item No. 178
March 13, 2007
Page 2 of 107
permitted use in the CON Zoning District but are permitted in the VR District. The area
proposed to be rezoned to the VR zoning classification would be limited from a permitted 16
dwelling units per acre to a density of four units per acre.
The community has also identified additional desired land uses and other unique characteristics,
which are not allowed under the current codes. A Land Development Code (LDC) amendment
for Copeland, submitted for consideration in the 2006 Cycle 1 LDC Amendments and
subsequently approved by the Board on December 7, 2006, created a new Zoning Overlay that
would provide uniformity in land use regulations within the Copeland urban designated area.
The prohibition of multi- family residential structures within the overlay area is a characteristic of
the overlay.
FISCAL IMPACT:
The rezoning petition, by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the rezoning petition is approved, a portion of the existing land will be developed
and the new development may result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by applying ad
valorem tax rates to applicable properties, and that revenue is directly related to the value of
improvements.
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 PLAN IMPACT:
The subject property is designated Urban (Urban-Mixed Use District, Urban Residential
Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan (GMP)
and is within the Big Cypress Area of Critical State Concern. Relevant to this petition, the
Urban Residential Subdistrict permits residential development (variety of unit types) at a base
density of 4 dwelling units/acre.
Review of the Density Rating System deems the 96 acres eligible for a base density of 4
residential dwelling units/acre and no density bonuses are applicable.
RZ-2005-AR-7445
Page 2 of 5
Executive Summary - 2
Agenda Item No. 178
March 13, 2007
Page 3 of 107
The subject property is within the Area of Critical State Concern Overlay (ACSC). The Overlay
is the same or similar to the ACSC regulations contained in Florida Statutes and in the LDC's
(Land Development Code) ACSC-ST Overlay. Certain development restrictions apply, such as a
limitation on the amount of site alteration allowed, and all development orders approved within
the ACSC are rendered to, and subject to appeal by the Florida Department of Community
Affairs. Review for compliance with ACSC standards will occur at time of subsequent
development order submittals (plat, SDP, building permit, etc.).
Based upon the above analysis, staff concludes the proposed uses and density for the subject site
can be deemed consistent with the Future Land Use Element.
AFFORDABLE HOUSING IMPACT:
This request should increase the availability of Affordable-Workforce Housing in the Copeland
area by allowing affordable residential development to occur in areas previously prohibited due
to the Conservation Zoning that bisected many properties that were also zoned VR.
ENVIRONMENTAL ISSUES:
The Environmental Services review staff has reviewed the petition and the Environmental
Impact Statement (ElS), and has found them to be consistent with Policies 6.1.1, 6.2.4, and 7.1.2
of the GMP.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC met on January 11, 2007 to review this petition, and they motioned to approve the
project with the staffs recommendation. The vote was 4-2, which did not achieve a majority
vote of EAC members. The two voting members on the dissenting side were not satisfied with
the telemetric data for panther and bear. Not having a majority vote, the EAC is not forwarding
a recommendation to the CCPC or the BCC.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard the petition on February 1, 2007 and
with a 7 to 0 vote recommended to forward this petition to the Board of County Commissioners
(BCC) with a recommendation of approval. Because the CCPC approval recommendation was
unanimous, this petition can be placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
This is the traditional type of rezone adopted by a local government. As this rezone is being
initiated by the County, it is legislative in nature. The Board of County Commissioners (BCC),
pursuant to the Land Development Code, must consider the criteria set forth below in making its
decision.
Criteria for Straieht Rezones
RZ-2005-AR-7445
Page 3 of5
Executive Summary - 2
Agenda Item No. 178
March 13,2007
Page 4 of 107
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
1. Will the proposed change be consistent with the goals, objectives, and policies
and future land use map and the elements of the Growth Management Plan?
2. Will the proposed rezone be appropriate considering the existing land use pattern?
3. Would the proposed rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
4. Are the existing district boundaries illogically drawn III relation to existing
conditions on the property proposed for change?
5. Do changed or changing conditions make the passage of the proposed amendment
necessary?
6. Will the proposed change adversely influence living conditions III the
neighborhood?
7. Will the proposed change 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?
8. Will the proposed change create a drainage problem?
9. Will the proposed change seriously reduce light and air to adjacent areas?
10. Will the proposed change adversely affect property values in the adjacent area?
11. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
12. Will the proposed change constitute a grant of special privilege to an individual
owner as contrasted with the public welfare?
13. Are there substantial reasons why the property cannot be used in accordance with
existing zoning?
14. Is the change suggested out of scale with the needs of the neighborhood or the
County?
15. Consider: Whether it is impossible to fmd other adequate sites in the County for
the proposed use in districts already permitting such use.
RZ-2005-AR-7445 Executive Summary - 2
Page 4 of5
Agenda Item No. 178
March 13. 2007
Page 5 of 107
16. Consider: 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.
17. What is the impact of development on the availability of adequate public
facilities and services consistent with the levels of service adopted in the Collier
County Growth Management Plan and as defined and implemented through the
Collier County Adequate Public Facilities Ordinance [Code ch.l06, art. II], as
amended?
] 8. Are there other factors, standards, or criteria relating to this rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
The decision to approve the rezone must have a rational basis. The rational basis consists of the
written materials presented by the County's consultants and staff in the form of maps, studies,
the Staff Report and Executive Summary, as well as any oral presentations made before the BCC
at the rezone hearing.
A super-majority vote is required to approve this rezone. Florida law and the LDC require two
public hearings for this type of rezone. One of those hearings must take place after 5:00 p.m. on
a week-day unless the BCC determines by super-majority vote to have such meeting during the
regularly allotted time for BCC meetings. The second hearing must be held at least ] 0 days after
the first hearing.
The BCC held the first of the two required public hearings on Tuesday, February 27, 2007. The
meeting scheduled for Tuesday, March 13, 2007 would meet the second public hearing
requirement.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners (BCC) approve Petition RZ-2005-
AR-7445.
PREPARED BY:
Michael J. DeRuntz, Principal Planner
Department of Zoning and Land Development Review
RZ-2005-AR-7445
Page 5 of5
Executive Summary - 2
Item Number:
Item Summary:
Meeting Date:
Agenda Item No< 178
March 13,2007
Page 6 of 107
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17B
This IS the second heanng for this item as required by Subsection 100305 E 4 of the LDC
which requires two public hearings by the BCC for rezone applications submitted by the
County. The first of ttl6 two required public hearings for this rezoning petition was held on
February 27, 2007 This item requires that all participants be sworn in and ex parle disclosure
be provided by Commission members, RZ-2005-AR-7445, 0, Wayne Arnold. AICP, Q. Grady
Minor and Associates, P,A requestIng a rezone from t~le Conservation Zoning District with
an Area of Critical State Concern and a Special Treatment Overlay (Con-ACSCISTI and the
Village Residential ZOlllng District with an Area of Cnllcal State Concern and a Special
Treatment Over1ay (VR-ACSCIST) Zoning District to the Village Residential Zoning District
with an Area Of CrIticat State Concern and a Special Treatment Overlay (VR-ACSC/ST -4)
Zoning District for Property Located in Sections 12 and 13. Township 52 South, Range 29
East, Collier County, Florida (Copeland)
3/13/20079:0000 AM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
3/212007 2:35 PM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
31212007 2:40 PM
App roved By
Date
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Zoning & Land Development Review
31212007 2:47 PM
Approved By
Date
Susan Murray, Alep
Community Development &
Environmental Services
Zoning & Land Development Director
Zoning & Land Development Review
3/212007 5: 30 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
315120078:57 AM
Date
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
315120079:41 AM
Date
App roved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
3/512007 10:02 AM
Date
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
3/51200710:12 AM
,-
- Agenaaltem No:-rm--
Executive SU"~3, 2007
1st Hearing . Februaptrtrr 2blW
EXECUTIVE SUMMARY
RZ-200S-AR-7445, D. Wayne Arnold, A1CP, Q. Grady Minor and Associates, P.A.
representing Collier County Community Development and Environmental Services
Division, requesting a rezone from the Conservation Zoning District with an Area of
Critical State Concern and a Special Treatment Overlay (Con-ACSC/ST) and the Village
Residential Zoning District with an Area of Critical State Concern and a Special
Treatment Overlay (VR-ACSC/ST) Zoning District to the Village Residential Zoning
District with an Area of Critical State Concern and a Special Treatment Overlay (VR-
ACSC/ST-4) Zoning District for property located in Sections 12 and 13, Township 52
South, Range 29 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners consider the petitioner's request to rezone 96 acres
of the northwestern half of the designated Urban Area of Copeland, as identified by the Future
Land Use Element (FLUE) of the Growth Management Plan (GMP) to the Village Residential -
Area of Critical State Concern/Special Treatment with a limit of four residential dwelling units
per acre (VR-ACSC/ST (4)) zoning district.
It should be noted that Sections 1 O.03.0S.e.4 & 05 of the Land Development Code (LDC) require
two (2) public hearings for a rezone over ten acres that is initiated by the County. One of these
meetings would be a night meeting unless the BCC votes to have two day meetings. The final
vote would occur during the second meeting that would be held after 5:05 unless the BCC moves
to hold the second meeting during the day.
CONSIDERATIONS:
The subject property containing approximately 96 acres, lies immediately north and west in the
Copeland community, west ofS.R. 29 and Janes Scenic Drive, in Sections 12 and 13, Township
52 South, Range 29 East, Collier County, Florida. The urban designated area of Copeland, as
identified on the Growth Management Plan's Future Land Use Map, has two separate zoning
district classifications: Village Residential (VR) and Conservation (CON). The development of
the Copeland area is a mix of single-family and mobile home residential units. The existing
zoning boundary line between the two zoning districts subdivides several of the existing lots in
the community, creating problems with obtaining building permits and confusion among the
County Staff and individual property owners. It should be noted that mobile homes are not a
permitted use in the CON Zoning District but are permitted in the VR District. The area that
would be rezoned to the VR zoning classification would be limited to a density of four units per
acre.
The Copeland Civic Association has requested that this discrepancy be abated. At the request of
the Board of County Commissioners, the Operations Support and Housing Department submitted
RZ-2005-AR-7445 COPELAND REZONING
EXECUTIVE SUMMARY
Page 1 of5
Agenda Item No. 178
March 13,2007
Page 8 of 107
this petition which would amend the zoning map to correct this discrepancy, and limit the density
to four residential units per acre.
The community has also identified additional desired land uses and other unique characteristics,
which are not allowed under the current codes. A Land Development Code (LDC) amendment
for Copeland, submitted for consideration in the 2006 Cycle I LDC Amendments and
subsequently approved by the Board on December 7, 2006, created a new Zoning Overlay that
would provide uniformity in land use regulations within the Copeland urban designated area.
The prohibition of multi-family residential structures within the overlay area is a characteristic of
the overlay.
FISCAL IMPACT:
The rezoning petition, by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the rezoning petition is approved, a portion of the existing land will be developed
and the new development may result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by applying ad
valorem tax rates to applicable properties, and that revenue is directly related to the value of
improvements.
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 PLAN IMPACT:
The subject property is designated Urban (Urban-Mixed-Use District, Urban Residential
Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan and is
within the Big Cypress Area of Critical State Concern. Relevant to this petition, the Urban
Residential Subdistrict permits residential development (variety of unit types) at a base density
of 4 dwelling units/acre.
Review of the Density Rating System deems the 96 acres are eligible for a base density of 4
residential dwelling units/acre and no density bonuses are applicable.
The subject property is within the Area of Critical State Concern Overlay (ACSC). The Overlay
is the same or similar to the ACSC regulations contained in Florida Statutes and in the LDC's
(Land Development Code) ACSC-ST Overlay. Certain development restrictions apply, such as a
limitation on the amount of site alteration allowed, and all development orders approved within
RZ-2005-AR-7445 COPELAND RFZONING
EXECUTIVE SUMMARY
Page 2 of5
Agenda Item No. 178
March 13, 2007
Page 9 of 107
the ACSC are rendered to, and subject to appeal by the Florida Department of Community
Affairs. Review for compliance with ACSC standards will occur at time of subsequent
development order submittals (plat, SDP, building permit, etc.).
Based upon the above analysis, staff concludes the proposed uses and density for the subject site
can be deemed consistent with the Future Land Use Element.
AFFORDABLE HOUSING IMPACT:
This request should increase the availability of Affordable-Workforce Housing in the Copeland
area by allowing affordable residential development to occur in areas previously prohibited due
to the Conservation Zoning that bisected many properties that were also zoned VR.
ENVIRONMENTAL ISSUES:
The Environmental Services review staff has reviewed the petition and the Environmental
Impact Analysis, and has found them to be consistent with Policies 6.1.], 6.2.4, and 7.1.2 of the
GMP.
ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION (EAC):
The EAC met on January 11, 2007 to review this petition, and they motioned to approve the
project with the staffs recommendation. The vote was 4-2, which did not achieve a majority
vote of EAC members. The two voting members on the dissenting side were not satisfied with
the telemetric data for panther and bear. Not having a majority vote, the EAC is not forwarding
a recommendation to the CCPC or the BCC.
PLANNING COMMISSION RECOMMENDATION (CCPC):
The Collier County Planning Commission reviewed this petition on February 1, 2007 and
unanimously recommended approval by a vote of 7 to O. Staff has received a letter of support
from the Chair of the Copeland Civic Association in support of this project and since no one has
objected, this petition can be placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
This is the traditional type of rezone adopted by a local government. As this rezone is being
initiated by the County it is legislative in nature. The Board of County Commissioners (BCC),
pursuant to the Land Development Code, must consider the criteria set forth below in making its
decision.
Criteria for Strai2ht Rezones
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
RZ-2005-AR-7445 COPELAND REZONING
EXECUTIVE SUMMARY
Page 3 of5
Agenda Item No. 178
March 13, 2007
Page 10 of 107
1. Will the proposed change be consistent with the goals, objectives, and policies
and future land use map and the elements of the growth management plan?
2. Will the proposed rezone be appropriate considering the existing land use pattern?
3. Would the proposed rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
4. Are the existing district boundaries illogically drawn in relation to existing
conditions on the property proposed for change?
5. Do changed or changing conditions make the passage of the proposed amendment
necessary?
6. Will the proposed change adversely influence living conditions in the
neighborhood?
7. Will the proposed change 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?
8. Will the proposed change create a drainage problem?
9. Will the proposed change seriously reduce light and air to adjacent areas?
10. Will the proposed change adversely affect property values in the adjacent area?
11. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
12. Will the proposed change constitute a grant of special privilege to an individual
owner as contrasted with the public welfare?
13. Are there substantial reasons why the property cannot be used in accordance with
existing zoning?
14. Is the change suggested out of scale with the needs of the neighborhood or the
county?
15. Consider: Whether it is impossible to find other adequate sites in the county for
the proposed use in districts already permitting such use.
RZ-2005-AR-7445 COPELAND REZONING
EXECUTIVE SUMMARY
Page 4 of5
Agenda Item No. 17B
March 13. 2007
Page 11 of 107
16. Consider: 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.
17. What is the impact of development on the availability of adequate public
facilities and services consistent with the levels of service adopted in the Co llier
County growth management plan and as defined and implemented through the
Collier County Adequate Public Facilities Ordinance [Code ch.l06, art. II], as
amended?
18. Are there other factors, standards, or criteria relating to this rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
The decision to approve the rezone must have a rational basis. The rational basis consists of the
written materials presented by the County's consultants and staff in the form of maps, studies,
the Staff Report and Executive Summary, as well as any oral presentations made before the BCC
at the rezone hearing.
A super-majority vote is required to approve this rezone. Florida law and the LDC require two
public hearings for this type of rezone. One of those hearings must take place after 5:00 p.m. on
a week-day unless the BCC determines by super-majority vote to have such meeting during the
regularly allotted time for BCC meetings. The second hearing must be held at least 10 days after
the first hearing. (MMSS)
RECOMMENDATION:
Considering that there are no objections to this proposal, that overwhelming majority of the
residents of Copeland support this petition, and that the petition received unanimous approval of
the CCPC, staff recommends that the Board of County Commissioners (BCe) concur with staff's
proposal of scheduling the second hearing for this petition as a regularly scheduled item for the
March 13, 2007 Board of County Commissions meeting pursuant to LDC Sections 10.03.0S.e.4
&05.
PREPARED BY:
Michael J. DeRuntz, Principal Planner
Department of Zoning and Land Development Review
RZ-2005-AR-7445 COPELAND REZONING
EXECUTIVE SUMMARY
Page 5 of5
Agenda Item No. 178
March 13, 2007
Page 12 of 107
Co~r County
- ~~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: JANUARY 25,2007
SUBJECT:
PETITION RZ-2005-AR-7445 COPELAND REZONING
OWNER! AGENT:
Agent: D. Wayne Arnold, Planning Manager
Development
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34117
Applicant: Collier County Community
and Environmental Services Division
2800 North Horseshoe Drive
Naples, FL 34104
REQUESTED ACTION:
The petitioner wishes to rezone 94 acres a rezone from the Conservation zoning district with an Area
of Critical State Concern and a Special Treatment overlay (CON-ACSC/ST) and the Village
Residential zoning district with an Area of Critical State Concern and a Special Treatment overlay
(VR-ACSC/ST) zoning district to the Village Residential zoning district with an Area of Critical
State Concern and a Special Treatment overlay (VR-ACSC/ST-4) zoning district.
GEOGRAPHIC LOCATION:
The property is located on the west side of State Route 29, north ofU.S Highway 41 (Tamiami Trail)
in the northwest half of the Copeland Urban Area in Sections 12 and 13, Township 52 South, Range
29 East, Collier County, Florida. (See illustration on following page)
PURPOSEIDESCRIPTION OF PROJECT:
The purpose for this rezoning petition is to bring the northwestern half of the designated Urban Area
of Copeland, as identified by the Future Land Use Element (FLUE) of the Growth Management Plan
(GMP) to the Village Residential - Area of Critical State Concern/Special Treatment <4> (VR-
ACSC/ST <4>) zoning district. The Copeland area was originally developed as a logging camp by the
Collier Company in the 1890's. After the logging activities had terminated a remnant of the
residences remained, and through time additional residences were developed in the Copeland area
RZ-2005-AR-7445 COPELAND REZONING
PAGE 1 OF 11
Agenda Item No. 178
March 13, 2007
Page 13 of 107
with a number of them being mobile homes. The urban designated area of Copeland, as identified on
the Growth Management Plan's Future Land Use Map, has two separate zoning district
LOCATION MAP
RZ-2005-AR-7445 COPELAND REZONING
PAGE 2 OF 11
Agenda Item No. 178
March 13, 2007
Page 14 of 107
Aerial Map
classifications: Village Residential (VR) and Conservation (CON). The development of the
Copeland area is a mix of single-family and mobile home residential units. The existing zoning
boundary lined between the two zoning districts subdivide several of the existing lots in the
community, creating problems with obtaining building permits and confusion among the County and
individual property owners. It should be noted that mobile homes are not a permitted use in the CON
Zoning District but are permitted in the VR district. The area that would be rezoned to the VR
zoning classification would be limited to a density of four units per acre.
RZ-2005-AR-7445 COPELAND REZONING
PAGE 3 OF 11
Agenda Item No. 178
March 13, 2007
Page 15 of 107
The Copeland Civic Association has requested that this discrepancy be abated. At the request of the
Board of County Commissioners, the Operations Support and Housing Department submitted this
petition which would amend the zoning map to correct this discrepancy, and limit the density to four
residential units per acre.
The community has also identified additional desired land uses and other unique characteristics,
which are not allowed under the current codes. A Land Development Code (LDC) amendment for
the Copeland area has been submitted for consideration in the 2006 Cycle 1 LDC Amendments,
which would create a new Zoning Overlay that would provide uniformity in land use regulations
within the Copeland urban designated area. One of the characteristics of the overlay is the
prohibition of multi-family residential structures within the overlay area. The EAC reviewed this
Copeland Overlay at their June 14,2006 regular meeting, and recommended its unanimous approval.
The Board of County Commissioners approved the Copeland Overlay on December 7, 2006. The
affective date will be at the end of the December (See Copeland Overlay).
SURROUNDING LAND USE AND ZONING:
Subject Parcel:
Surrounding:
North:
East:
South:
West:
The site is developed with single- family homes and mobile
homes and undeveloped parcels; zoned CON-ACSC/ST
Terminated earth mining activities now owned by the State
Department of Conservation (Big Cypress Preserve Area);
zoned CON-ACSC/ST
Single-family homes, Jane's Scenic Drive, State Department of
Conservation area office, and undeveloped parcels; zoned VR-
ACSC/ST, County maintained roadway, and CON-ACSC/ST,
Single-family homes, and undeveloped parcels; zoned CON-
ACSC/ST and VR-ACSC-ST,
Undeveloped parcels (Big Cypress Preserve Area); zoned CON-
ACSC/ST
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 of the Growth Management Plan and is within the Big
Cypress Area of Critical State Concern. Relevant to this petition, the Urban Residential Subdistrict
permits residential development (variety of unit types) at a base density of 4 dwelling units/acre.
Review of the Density Rating System deems this project is eligible for a base density of 4
dwelling units/acre and no density bonuses are applicable.
Base Density
Density Bonus
Density Reduction
Total Eligible Density
4 dwelling units/acre
o
~
4 dwelling units/acre
RZ-2005-AR-7445 COPELAND REZONING
PAGE 4 OF II
Agenda Item No. 178
March 13, 2007
Page 16 of 107
Zoning Map
The subject property is within the Area of Critical State Concern Overlay. The Overlay is the same
or similar to the ACSC regulations contained in Florida Statutes and in the LDC's (Land
Development Code) ACSC-ST Overlay. Certain development restrictions apply, such as a limitation
on the amount of site alteration allowed, and all development orders approved within the ACSC are
rendered to, and subject to appeal by the Florida Department of Community Affairs. Review for
compliance with ACSC standards will occur at time of subsequent development order submittals
(plat, SDP, building permit, etc.).
FLUE Policy 5.4 provides that all new development must be compatible with the surrounding land
uses. Comprehensive Planning leaves the determination of compatibility to Zoning and Land
Development Review staff as part of their review of the petition on its totality.
Based upon the above analysis, staff concludes the proposed uses and density for the subject site can
be deemed consistent with the Future Land Use Element.
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 10.02.13 of
RZ-2005-AR-7445 COPELAND REZONING
PAGE 5 OF 11
Agenda Item No. 178
March 13, 2007
Page 17 of 107
the Land Development Code and required staff evaluation and comment. The Planning Commission
and the BCC use 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 criteria noted and are summarized by staff, culminating in a
determination of compliance, non-compliance, or compliance with mitigation. These evaluations are
completed as separate documents and are attached to the staffreport (See Exhibit "A").
Environmental Analvsis: The Environmental Services Review staff has review the petition and the
Environmental Impact Analysis, and has found it to be consistent with Policy 6.1.1, 6.2.4, and 7.1.2
of the GMP.
The Environmental Advisory Council (EAC) met on January 11, 2007 to review this petition. The
EAC motioned to approve of the project with the staffs reconunendation. The vote was 4-2, which
did not achieve a majority vote of EAC members. The two voting members on the dissenting side
were not satisfied with the telemetric data for panther and bear. Not having a majority vote, the EAC
does not any recommendation forward to the CCPC or the BCC.
Transportation Analvsis: The Transportation Services Division staff has reviewed the petition and
has found that the petition is consistent with Policy 5.1 and 7.2 of the Transportation Element of the
GMP.
Utilities Analvsis: The Utilities Department staff has reviewed the petition and advises that water
and sewer service is subject to the conditions associated with the availability letter from the Collier
County Utilities Division. The petitioner will provide a water and sewer availability letter at the time
of SDP if the rezoning is approved.
Zoning and Land Development Review Analvsis: 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 Existing Land Uses - The subject property is bordered by Big Cypress Preserve Area
to the north, west and south. That area is owned and managed by the Florida Department of
Conservation and is part of the Big Cypress Area of Critical State Concern with Special Treatment
overlay. The overlay area was established by the Florida State Legislature in 1974. The ACSC-ST
overlay establishes specific criteria for site alteration, drainage, transportation and structure
installation which include the following:
Site Alteration
. Limit to 10% of the total site area and the installation of non-permeable surfaces shall
not exceed 50% of the disturbed area,
. A minimum of 2,500 square feet on any permitted site,
RZ-2005-AR-7445 COPELAND REZONING
PAGE 6 OF ]1
Agenda Item No. 178
March 13, 2007
Page 18 of 107
· Any non-permeable surface greater than 20,000 square feet shall provide for release of
surface run-off: collected or uncollected, in a manner approximating the natural
surface water flow regime of the area,
· Soils exposed during site alteration shall be stabilized and retention ponds or
performance equivalent shall be provided and maintained for siltation on the
construction area
· Restoration of vegetation shall be substantially completed within 180 days following
completion of a development,
· Undesirable exotic species shall not be replanted or propagated,
· No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered.
· Fill areas and related dredge or borrow ponds shall be aligned substantially in the
direction of local surface water flows and shall be separated from fill areas and ponds
by unaltered areas of vegetation of comparable size.
· Man-made lakes, ponds, or other containment works shall be constructed with a
maximum slope of 30 degrees to a depth of six feet of water.
· Finger canals shall not be constructed in the Critical Area
Drainage
· Existing drainage facilities shall not be modified so as to discharge water to any
coastal waters, either directly or through existing drainage facilities.
· New drainage facilities shall release water in a manner approximating the natural local
surface flow regime, through a spreader pond or performance equivalent structure or
system, either on site or to a natural retention, or natural filtration and flow area,
· New drainage facilities shall not discharge water into any coastal waters either directly
or through existing drainage facilities,
Transportation
· Transportation facilities which would retain, divert or otherwise block surface water
flows shall provide for the re-establishment of sheet flow through the use of
interceptor spreader systems,
· Transportation facilities shall be constructed substantially parallel to the local surface
flow and shall maintain a historic ground water level sufficient to protect wetland
vegetation through the use of weirs of performance equivalent structures,
· Transportation facility construction sites shall provide for siltation and run-off control
through the use of settling ponds, soil fixing or performance equivalent structures or
system,
Structure Installation
· Placement of structures shall be accomplished in a manner that will not adversely
affect surface water flow or tidal action,
· Minimum lowest floor elevation permitted for structures shall be at or above the 100
year flood level as established by the Administrator of the Federal Flood Insurance
administration.
· The construction of any structure shall meet additional Federal Flood Insurance Land
Management and Use Criteria (24 CFR 1910) as administered by the appropriate local
agency.
RZ-2005-AR-7445 COPELAND REZONING
PAGE 7 OF II
Agenda Item No. 178
March 13, 2007
Page 19 of 107
All Development Orders issued for projects within the Big Cypress area of Critical State Concern
shall be rendered to the State of Florida Department of Community Affairs for review with the
potential for appeal to the Administration commission per Chapter 9J-l, Florida Administrative
Code, "Development Order requirements for areas of Critical State Concern". These State owned
properties are zoned CON-ACSC/ST. The properties to the east of the subject property consist of
developed residential homes and undeveloped parcels.
These properties are zoned CON-ACSC/ST, and VR-ACSC/ST. The subject property is located in a
CON-ACSC/ST district. The Conservation district limits single-family residence to a minimum lot
area of five acres or greater. Mobile homes are not a permitted of conditional use in the CON district.
Of the 30 lots identified within the 94 acres of the subject property, 23 lots do not meet the minimum
lot area for a single-family residential structure, 13 lots have a dual zoning (CON-ACSC/ST and VR-
ACSC/ST), 11 lots have non-conforming mobile home residential structures on them, and two lots
have an area of less than five acres with a single- family residences on them.
The zoning district classification proposed for the subject property is the same as the majority of the
adjacent properties to the east. It is also consistent with expected land uses by virtue of its
consistency with the FLUE of the GMP. Staff believes that the proposed amendment would aid in
creating greater compatibility within the urban designated area of Copeland, as well as meet the
needs of the subject property by abating the non-conforming conditions and bring continuity and
stability within the Copeland community.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The agent for the applicant held the required NIM on June 15, 2005 at 5:30 P.M. at the Copeland
Baptist Mission, at 900 Church Street, Copeland. Twenty-nine persons other than the applicant and
county staff attended the meeting. There were many questions relating to the proposed rezone and
the existing zoning to the area of Copeland. Many persons expressed their unhappiness of how their
property was rezoned without their knowledge and were very frustrated with the burdensome
regulations that encumber their property. They were concerned as to the fate of those properties,
which are currently split by two different zoning districts. They also expressed their need to get
clarification with the regulations associated with the overlay restrictions of the "Area of Critical State
Concern" (ACSC).
There was discussion relating to the requirement of an Environmental Impact Statement (EIS) for the
rezoning request. They were unsure if this should be done for just the area in the rezoning request, or
for the entire community. They also questioned if this study could be utilized for individual lots
when completed.
There was discussion relating to the need of an overlay and amendment to the Land Development
Code (LDC), or if the rezoning would meet their needs. They were interested in getting this done as
quickly as possible, but wanted to make sure that their needs were met.
Donnie McDowell, President of the Copeland Homeowners Association, stated that he believed that
there was an agreement that had been reached with the County regarding a ten-year exemption from
RZ-2005-AR-7445 COPELAND REZONING
PAGE80Fll
Agenda Item No. 178
March 13, 2007
Page 20 of 107
the Management Plan. He said that he was going to research this further and proved this information
to the staff.
The meeting was adjourned at 6:45 PM.
RZ-2005-AR-7445 COPELAND REZONING
PAGE90F II
Agenda Item No. 176
March 13, 2007
Page 21 of 107
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RZ-2005-AR-7445 COPELAND REZONING
PAGE lOaF 11
Agenda Item No. 178
March 13, 2007
Page 22 of 107
STAFF RECOMMENDATION:
1. That the Collier County Planning Commission (CCPC) forward to the Board of County
Commissioners (BCC) a recommendation of approval of petition RZ-2005-AR-7445.
PREPARED BY:
MICHAEL J. DE RUNTZ , CFM, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
REVIEWED BY:
MARJORIE M. STUDENT-STIRLING DATE
ASSISTANT COUNTY ATTORNEY
RAYMOND V. BELLOWS, ZONING MANAGER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
SUSAN MURRA Y-ISTENES, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the February 27, 2007 Board of County Commissioners Meeting.
COLLIER COUNTY PLANNING COMMISSION:
MARKP. STRAIN, CHAIRMAN
DATE
RZ-2005-AR-7445 COPELAND REZONING
PAGE II OF II
. ~ /..
RZ-2005.AR-7445
PROJECT # 2004050010
DATE: 4/11/05
MICHAEL DeRUNTZ
Agenda Item No. 178
March 13, 2007
Page 23 of 107
APPLICATION FOR PUBLIC HEARING FOR:
STANDARD REZONE
Petition No.:
Date Petition Received:
Commission District:
Plalmer Assigned:
ABOVE TO BE COMPLETED BY STAFF
1 . General Information:
Name of Applicant(s) Collier County Community Development and Environmental
Services Division
Applicant1s Mailing Address 2800 North Horseshoe Drive
City Naples
State Florida
Zip 34104
Applicant's E-Mail Address:
Applicant1s Telephone # Fax #
Name of Agent D. Wayne Arnold Firm O. Grady Minor and Associates. P.A. .
Agent's Mailing Address 3800 Via Del Rey
. City Bonita Sprines
State Florida
Zip 34117
Agent's Telephone # 239-947-1144
Fax # 239~947-0375
Agent's E-Mail Address:warnold@gradyminor.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403~2400/FAX (941) 643-6968
F:\JO B\COPELAND\CARl\RezoneRAoolication070704, doc
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03
Agenda Item No. 178
March 13, 2007
*Be aware that Collier County has lobbyist regulations. Guide yourself accordingly anaage 24 of 10?
ensure that you al'e in compliance with these regulations.
,.,
Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets if necessary)
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Homeowner Association:
Mailing Address
City
State ---.-: Zip
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association:
Mailing Address
City
State _ Zip
Name of Civic Association:
Mailing Address
City
State _ Zip
2 . Disclosure of Interest Information:
a. If the property is oVi'ned 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
F:\JOD\COPELAND\CARl \R~zoneRADDliclltion07(l704.doc .
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/U3
b.
Agenda Item No. 178
March 13,2007
. Page 25 of 107
If the property is owned by a CORPORATION, list the officers and stockholders
and the percentage of stock owned by each.
. .
Name and Address, and Office
Percentage of Stock
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
Percentage of Interest
d, If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general andlor limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract:
F:\JOD\COPELAND\CARl \RezoneRAoIlIiClltlon07ll704.dllc
APpLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03
Agenda Item No. ,178
1, . I dd" a1 . . Man;j113, 2007
f, If any contingency cause or contract tenus mvo ve a Itlon parties, h$a~ 26 of 1Q7
individuals or officers, if a cOIporation, partnership, or trust.
Name and Address
g. Date subject property, acquired 0 leased D
Tenn of lease
yrs.!mos.
If, Petitioner has option to buy, indicate date of option:
terminates: ,or anticipated closing date
and date option
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 fonn.
3. Detailed legal 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 (completed within the last six
months, maximum 1'1 to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required.
Section: 12 and 13'
Township: 52 S
Range: 29 E
Lot:
Block:
Subdivision:
Plat Book_Page #:
Property I.D.#:
Metes & Bounds Dyscription:
4.
Size of property:
ft. X
ft. = Total Sq. Ft.
Acres 94:1::
5. Address/generallocation of subiect property: The subject property lies immediately
north and west of the Copeland community west ofS.R. 29 and Janes Scenic Drive.
F:\JOB\COPELAND\CARl\RczoneRADDlicatil)n0707{}4.do~
APPLICATION FOR PUBLIC BEARING FOR STANDARD REZONE - 4/14/03
6.
Adiacent zonine and land use:
Agenda Item No. 178
March 13, 2007
Page 27 of 107
Zoning
Land use
N CON-ACSC/ST EARTH MINE
S VR~ACSC/ST ci VACANT
CoN -- AL-~ Is,-
E VR-ACSC/ST c[ SINGLE-FAMILY HOMES
Cc:::N- A~I s,
w CON-ACSC/ST VACANT
Does the owner of the subject propelty 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 LD. #:
Metes & Bounds Description:
7 . Rezone Request: This application is requesting a rezone from the CON-ACSC/ST
zoning district (8) to the VR-ACSC/ST <4> zoning district(s).
Present Use of the Property: Partially developed with sin1de-family residences.
Zonine line bisects approximately 16 properties.
Proposed Use (or range of uses) of the property: Continued use as single-family homes.
8 . Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land
Development Code, staffs analysis and recommendation to the Planning Commission,
and the Planning Commission's recommendation to the Board of County Commissioners
shall be based upon consideration of the applicable criteria noted below. Provide a
nalTative statement describing the rezone request with specific reference to the criteria
noted below. Include any backup materials and documentation in SUPPOlt ofthe request.
Standard Rezone Considerations (LDC Section 2.7.2.5,)
Fl\JOB\COPELAND\CARl\RezolleRADPlicllliol1070704.doc
APPLICATION FOR PUBLIC HEMUNG FOR STANDARD REZONE - 4/14/03
Agenda Item No. :178
March 13, 2007
Page 28 of 107
1. Whether the proposed change will be consistent with the goals, objectives, and .
policies andfuture land use map and the elements of the growth management plan.
The proposed change is consistent with the Goals, Objectives, and Policies of the
future land use map and elements of the Growth Management Plan. The subject
'rezoning is located in the urban designated area of 'the County. The proposed
rezone will affect 16 developed' properties in the Copeland area, and will
alleviate the non-conforming zoning status of the properties.
2. The existing land use pattern.
The existing land use pattern supports the proposed rezoning from CON-
ACSC/ST to VR-ACSCIST <4>. The proposed VR designation is consistently
applied to other residentially developed properties in the Copeland area.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
An isolated zoning district is not created as a result of the zoning charge. All
contiguous properties lying east of the subject property is also zoned VR-
ACSC/ST.
4, Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
The existing boundaries have been illogically drawn, and are not consistent with
the residential improvements that presently exist on the 16 affected parcels.
5. Whether changed or changing conditions malre the passage of the proposed
amendment (rezone) necessary.
Conditions have changed, which warrant the zoning change. All properties
lying to the west of the subject rezonIng are owned by
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
No, the zoning change will improved living conditions by eliminating the non-
conforming zoning status, 'and permit residents to obtain building permits for
necessary residential building improvements.
l!!\JOB\COPELAND\CARl \RezoneRAppliClltlou070 704.dlll<
APPLIq TION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03
"' . '
Agenda Item No. 17B
March 13,2007
Page 29 of 107
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.
No increased traffic will result from the rezoning. The subject properties are
developed with residential dwellings and the resulting zoning will continue to
permit the residential use.
8. Whether the proposed change will create a drainage problem.
No drainage problems will result from the zoning action.
9. Whether the p"roposedchange will seriously reduce light and air to adjacent areas.
The subject properties will continue to be subject to LDC provisions for building
setbacks, yards, open space, etc., therefore no diminution of light and ail' will
result.
10. Whether the proposed change will seriously affect property values in the adjacent
area.
. The zoning charge will have no negative impacts with resp.ect to property values
by eliminating non~conforming conditions.
11. Whether the proposed change will be a deterren.t to the improvement or development
of adjacent property in accordance with existing regulations.
The zoning change will permit development and redevelopment of the subject
properties by eliminating the non-conforming zoning status.
12. . Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
The zoning change will affect a total of 16 properties. The zoning change is
consistent with the surrounding zoning and provide a public benefit by
eliminating the non~conforming statues of the properties.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The present zoning is Conservation, and several of the subjects properties have a
portion of the property zoned VR and COW. . The dual zoning recently has
created difficulties for property owners obtaining building permits home
improvemen ts.
F:\J omCOPELAND\CARl \RczoneRAuullcatlon070704.do e
APPLICATION FOR PUBLIC HEARING FOR STA,NDARD REZONE - 4/14/03
Agenda Item No. 178
March 13, 2007
14. Whether the change suggested is out of scale with the needs of the neighborh08d9!Jir30 of 107
the county. . '
The zoning change is appropriate for the area, and the proposed zoning district
is consistent with the adjacent zoning district.
15. Whether it is impossible to find other adequate sites in the county for the proposed
use in districts already permitting such use.
This criteria is not applicable to this rezoning application due to the existing. site
conditions that arc present.
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 o/potential uses
under the proposed zoning classification.
Only typical site improvements in support of residential development will be
required; cOllsistent with existing improvements.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County growth
management plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended,
18. Such other factors, standards, or criteria that the board of county commissioners
shall deem important in the protection of the public health, safety, and welfare.
9. Deed Restrictions: The County is legally precluded from enforcing deed resbictions,
however, many co1l111iunities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use petitions on the subiect property: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? NO
11. Additional Submittal reauirements: In addition to this completed application, the
following shall be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the pre-application meeting.
a. A copy afthe pre-application meeting notes;
b. If this rezone is being requested for a specific use, .provide fifteen (15) copies of a
241) x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced
8W' x 11" copy of site plan), drawn to a maximwn scale of 1 inch equals 400 feet,
depicting the following [Additional copies of the plan may be requested upon
completion of staff evaluation for distribution to the Board and various advisory
boards such as the Environmental Advisory Board (EAB), or CCPe];
F:\JOB\COPELAND\CARl \RezonoRADDllclltlon070704.do c
APPLICATI0~ FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03
Agenda Item No. 178
March 13, 2007
Page 31 of 107
. all existing and proposed stlUctures and the dimensions thereof,
. provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the stmcture(s) on site),
. all existing and/or proposed parking and loading areas [include matrix indicating
required and provided. parking and loading, including required parking for the
disabled].
. required yards, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to
the site),
. proposed and/or existing landscaping and buffering as may be required by the
County;
c. An architectural rendering of any proposed structures,
d. An Environmental Impact Statement (ElS), as required by Section 3.8. of the Land
Development Code (LDC) , or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet,
shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their
boundaries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Forms Classification System. Additionally, a
calculation of the acreage (or square feet) of native vegetation on site, by area, and a
calculation and location(s) of the required pOltion of native vegetation to be
preserved (per LDC Section 3.9.5.5.4.).
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), lIDless waived at the pre-application meeting;
h. A historical and archeological surveyor waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting);
i. The petitioner niust provide a letter of no objection from the United States Postal
Service prior to submittal of the application. Please contact Robert M. Skebe,
Growth Management Coordinator at:
U.S. Postal Service,
1200 Goodlette Road
Naples, Florida 34102-9998
Phone (239) 435-2122; Fax (239) 435-2160
j. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any
required state or federal permits.
F:\JOB\COPELAND\CARl \RezoneRATlPlica t1on070704.doc
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03
Agenda Item No. 178
March 13, 2007
Section 2.7.2.3.2 (3) of the Land Development Code requires an applicmtgt032 of 107
remove their public hearing advertising sign (s) after final action is taken by the .
Board of County Commissioners. Based. on the Board's rmaI action on this item,
please remove all public hearing advertising sign (s) immediately
F:\JOB\COPELAND\CAR1\Rl!wneRAnDllcatlon070704.do c
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03
Agenda Item No. 178
March 13, 2007
Page 33 of 107
STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST
1. NAME OF APPLICANT: Collier County Community Develo.Qment and Environmental
Services
2. MAILING ADDRESS: 2800 North Horseshoe Drive
CITY Naples
STATE Florida
ZIP 34104
3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE):
4. LEGAL DESCRIPTION:
Section:
Township: Range:
Lot:
Block: Subdivision:
Plat Book
Page #: Property I.D.#:
Metes & Bounds Description: Please refer to attached Exhibit "A" Legal Description
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM 0
b. CITY UTILITY SYSTEM D
c. FRANCHISED UTILITY SYSTEM ~
PROVIDE NAME Copeland
d. PACKAGETREATMENTPLANT D
(GPD capacity)
e. SEPTIC SYSTEM D
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME Copeland
d. PRIVATE SYSTEM (WELL)
D
o
o
D
F:\J OB\COPELAND\CARl\RczoneRAnplicstlon070704, doc
APPLICATION JtOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03
7.
TOTAL POPULATION TO BE SERVED: 64:1: RESIDENTS
Agenda Item No. 178
March 13', 2007
Page 34 of 107
8. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK AVERAGE DAILY 3,200 GPD
B. SEWER-PEAK AVERAGE DAILY 3,200 GPD
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED
TO BE REQUIRED:
10. NARRATIVE .STATEMENT: Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a specific statement
regarding the method of effluent 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.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is
located within the services boundaries of Collier County's utility service system~ written
notarized statement shall be provided agreeing to dedicate to Collier County Utilities the
water distribution and sewage collection facilities within the project area upon
completion of the construction of these facilities in accordance with all applicable County
ordinances in effect at the at time. This statement shall also include an agreement that the
applicable system development charges anq comection fees will be paid to the County
'dtilities 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.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the pre-application meeting, if the project is
to receive sewer or potable water services from any provider other than the County~ a
statement from that provider indicating that there is adequate capacity to serve the project
shall be provided. .
Utility Provision StatcUlCJIt RJM 10/17/97
F;\JOD\COPELAND\CARl\RezoncRAnnllcafion070704. doc
APPLICATION FOR PUBLIC HEARlNG FOR STANDARD REZONE- 4114/03
STANDARD REZONE APPLICATION
SUBMITTAL CHECKLIST
Agenda Item No. 178
March 13, 2007
Page 35 of 107
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKETI
REQUIREMENTS #OF NOT
COPIES REQUIRED REQUmED
1. Completed Application 20*
2. Copy of Dced{s) and list identifying OWllCI'(S) and all 2*
Partners if a Corporation
3. Completed Owner/ Agent Affidavit, Notarized 2*
4. Pre-application notes/minutes 20*
5. Conceptual Site Plans 20* ./
6, Environmental Impact Statement - (EIS) 4 ./
7. Aerial Photograph - (with habitat areas identified) 5*
8. Completed Utility Provisions Statement (with required 4 ./
attachments and sketches)
9. Traffic Impact Statement - (TIS) 7 ./
10. Historical & Archaeological Surveyor Waiver 4 ./
App'lication (waiver request)
11. Copies of State and/or Federal Permits 4 ./
12. Architectural Rendering of Pl'oposed Structure(s) 4 ./
13. Electronic copy of all documents and plans 1
14. Application Fee = $6000.00 plus $25.00 per acre ~
Comprehensive Plan Consistency Review = $750.00
Fire Code Review Fec = $100.00
Check shall be made payable to:
Collier County Board of Commissioners
15. Letter of no objection from the United States Postal 1 ./
Service.
16. Other Requirements -
* Additional Documents required for Long-Range Planning Review.
As the authorized agent/applicant for this petition, I attest that all ofthe information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal infonnation may result
in the delay of processing this petition.
~ \\FJ
:3l3\.\OS
Date
Agent! Applicant Signature
F:\J08\COPELAND\CARl \RczQneRAnnlicatlon070704.do c
APPLiCATION FOR PUBLIC HEAIUNG FOR ST ANDARD REZONE - 4/14/03
AFFIDA VIT
Agenda Item No. 178
March 13, 2007
Page 36 of 107
We, Collier County being first duly sworn, depose and say that we are the applicants for the
property described herein and which is the subject matter oj the proposed hearing; that all the
answers to the questions in this application, including the disclosure of interest infonnation, 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 infonnation has
been submitted
As Applicant, well further authorize O. Grady Minor and Associates. P .A. to act as our/my
~ ]1''' re~m~ Ihis Petilion
Signature of Applicant
,1 . f3 Ib5e ;:}r<~c:~
yped or Printed Name of Ap, licant /-::::,cJ- f-( .
OR
Theforegoing instrument was acknowledged before me this S day of bd.-ob fA. ,
2004, by \".\). ~n.k-t C" who is personally knownJo me or has produced
as identification.
State of Florida
County of Collier
(Signature of Nota,y Eub 1
Florida) 0
"'~~~Y'111,, Lautep J. Beard
L~~t~ Com!1llsslon #DD159084
~~'. ~.'..~ Expires: Oct 24,2006
"'~~ 0; .,~,~ Bonded Thru
""" ,II' AllanIte Bonding Co.. Ino.
(print, Type, or Stamp Commissioned
Name. oj Notary Public)
Agenda Item No. 178
March 13, 2007
Page 37 of 107
TRAFFIC IMPACT STATEMENT (TIS):
A TIS is required unless waived at the preMapplication meeting. The TIS required may be either a
major or minor as determined at the pre-application meeting. Please note the following with
regard to TIS submittals:
MINOR TIS: Generally required for rezone requests for propelty less than 10 acres in size,
although based on the intensity or unique character of a petitioll, a major TIS may be required for
petition of ten acres or less. .
MAJOR TIS: Required for all other rezone requests.
A minor TIS shall include the following:
1. Trip Generation: Annual Average Daily Traffic
(at build-out) Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
2. Trip Assignment:
Within. Radius of Development Influence (RDI)
3. Existing Traffic: Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact ofthe proposed use on affected major thoroughfares, including any anticipated changes in level of
service (LOS).
5. Any proposed improvements (to the site or the extemal right-of-way) such as providing or eliminating an
ingress/egress point, or providing turn or decel Janes or other improvements.
6. Describe any proposal to mitigate the negative impacts on the transportation system.
7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic
Circulation E1ement(TCE) of the Growth Management Plan (GMP), including policies 1.3. 1.4,4.4,5.1,5.2,
7.2 and 7.3.
A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also Include an analysis of
tbe following:
1. Intersection Analysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. PlarmedlProposed Roadway Improvement
F:\JOD\COPELAND\CARl\RczQlleRApDllcatlo n07Q704.d(lc
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03
6.
Proposed Schedule (Phasing) of Development
Agenda Item No. 178
March 13; 2007
Page 38 of 107
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS:
The following standards shall be used in preparing a TIS for submittaJ in conjunction with a
conditional use or rezone petition:
1. Trip Generation: Provide the total traffic generated by the project for each link within the
project's Radius of Development Influence (RDI) in confOlmance with the acceptable traffic
engineering principles. The rates published in the latest edition of the Institute of
. . Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation
by the petitioner or the County justifies the use of alternative rates.
2. Trip Assienment: Provide a map depicting the assignment to the network, of those trips
generated by the proposed project. The assigmnent shall be made to all1inks within the RDI.
Both annual average and peak seasonal traffic should be depicted.
3. Existlne Traffic: Provide a map depicting the current traffic conditions on all links within.
the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI.
4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable
Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP.
5. Radius of Development Influence ffiDD: The TIS shall cover the least of the following two
areas:
a) an area as set forth below; or,
b) the area in which traffic assigmnents fl:om the proposed project on the major
thoroughfares exceeds one percent of the LOS "C".
Land Use
Distance
Residential
5 Miles or as required by DRl
Other (connnercial, industrial, institutional, etc.)
o - 49, 999 Sq. Ft. 2 Miles
50,000 - 99,999 Sq. Ft. 3 Miles
100,000.199,999 Sq. Ft. 4 Miles
200,000 . 399, 999 Sq. Ft. 5 Miles
400,000 & up 5 Miles
In describing the RDI the TIS shall provide the measurement in road miles fl'om the
proposed project rather than a geometric radius.
F;\JOB\COPELAND\CAR1\RezoneRAI1IlIlcation070704.do ~
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03
Agenda Item No. 17B
March 13, 2007
6 . Intersection Analysis~ An intersection analysis is required for all intersections withlprllWfe39 of 107
RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200
Vehicles Per Hour (VPH).
7. Back2round Traffic: The effects of previously approved but undeveloped or partially
developed projects which may affect major thoroughfares within the RDI of the proposed
project shall be provided. This information shall be depicted on a map Oft alternatively, in
a listing of those projects and their respective characteristics..
8. Future Traffic: An estimate ofllie effects of traditional increases in traffic resulting from
potential development shall be provided. Potential development is that which may be
developed maximally under the effective Future Land Use Element (FLUE) and the
Collier County Land Development Code. This estimate shall be for the projected
development areas within the projects RDI. A map or list of such lands with potential
traffic impact calculations shall be provided.
9. Throtl2h Traffic: At a minimum, increases in through traffic shall be addressed through
the year 2015. The methodology used to derive the estimates shall be provided. It maybe
desirable to include any additional documentation and backup data to support the
estimation as well.
10. PlannedJProposed Roadwav Improvements: All proposed or planned roadway
improvements located within the RDI should be identified. A description ofthe.funding
commitments shall also be included.
11. Project Phasjne: When a project phasing schedule is dependent upon proposed roadway
improvementst a phasing schedule may be included as part of the TIS. If the traffic
impacts of a project are mitigated through a phasing schedule, such a phasing schedule
may be made a condition of any approval.
TIS FORM RVB/RJM 10/17/97
F :\JOB\COPELAND\CAR1\RezolleR Ann] ication(}7D704. 110 C
APPLICATION FOR J>UBLIC HEARING FOR 8T ANDARD REZONE - 4/14/03
I
, Details
. .
, .\'
A~ndaJt~1F No. 178
a~ rMf 1-3, 2007
. Page 40 of 107
FoUo No.11 01134800609 ~ II
11IIII
Current Ownership
Property Addreesll350 OLD TRAIN LN
~
Owner Namel ROBERTS, MITCHELL A
Addressesl PO BOX 14
COPELAND II Statel\ FL II ZIPl134137 .0014
City
Legal 135229 UNRECORDED PARCEL K
DESC AS: COMM AT E1/4 CNR SEe
13, N 68DEG W 987.57FT, S
42 DEG W 37FT N 52DEG W
"For more than four lines of Legal DescriptIon please call the Property Appraiser's Office.
Township
52
Acres
10.39
Map No.
7E13
Section
13
r
Sub No.
-1J Use Code
100
99
ACREAGE HEADER
NON.AGRICUL rURAL ACREAGE
2004 Final Tax Roll
Latest Sales History
Land Value $13,507.00
(+) Improved Value $ 0.00
(::;) Market Value $ 13,507.00
(-) SOH Exempt Value $0.00
(=) Assessed Value $ 13,507.00
H Homestead and other Exempt Value $0.00
[=} Taxable Value $ 13,507.00
Date Book. Peg& Amount
04 J 20iJ3 3267 . 1143 $ 0.00
05 J 2000 2680. 33B8 $ 0.00
03 J 1998 2402.2641 $ 6,000.00
I 05/1993 I 1829.1169 $ 2,000.00
SOH'" "Save Our Homes. exempt value due to cap on assessment
increases.
RZ-2005-AR-7445
. PROJECT # 2004050010
DATE: 4/11/05
MICHAEL DeRUNTZ
-
The Information is Updated Weekly.
http://www.collierappraiser.comlRecordDetail.asp ?FolioID=OOOOOOl i 34800609
1/13/2005
Details
Agenda Item No. 178
p~erf~1::3.! 2007
....Page '4'" of 107
Folio No.11 01134801200 'MaR II
..,
Current Ownership
Property Addressll NO SITE ADDRESS
Owner Name
Addresses
I MCDOWELL, DONALD R=& DIANNA
I PO BOX 476 .
227 OLD TRAIN LANE
II COPELAND II Stetell FL I zipll 34137.
City
Legal 1135229 UNREC PAR L. DESC AS: 1
COMM AT E 1/4 CNR SEC 13 N B8
DEG W 987.57 FT, S 42 DEG W
37FT, N 52 DEG W 134.40FT, N ~
'For more than four lines of Legal Description please call the Properly Appraiser's Office.
Section Township Acres
13 62 6.61
Sub No. II 100 II ACREAGE HEADER
"CJ Use Code Il 99 II NON.AGRICUL TURAL ACREAGE
Map No.
7E13
Strap No.
522.91308(tD007E13
"fJ Millage Area
35
"i1 ~
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value I $ 13,220.00 I
(+) Improved Value . ' $ 0.00
{=} Market Value $ 13,220.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $13,220,00
(.) Homestead and other Exempt Value $ 0,00
(=) Taxable Value $ 13,220.00
I Date I Book - Page Amount
12/2000 2754.208 $ B,500.00
11 / 2000 2740.1221 $ 0,00
o. /1~H 23U.1071 $ 1 Cl,OOO.DO
07/199 1845. 1789 $ 0.00
01/1993 1792 - 933 $ 0.00
SOH = 'Save OUf Homes' exempt value due to cap on assessment
increases.
-
The Informatlon'ls Updated Weekly.
httn~//www.c.o111f.:r~nnrfli~f.:rr.nmIRAr.C.ll..r1llp.t~il....m?Pt"\1ir\Tlld)(\()()()f\11.lL1.Q()1 ')()()
1/1 'l/"')(\()"
Det~i1s
, ..
Agpaii ijeJ:Q.t)lo. 178
<:M'ah:~fll1.1B, 2~07
Page 42 of 107
-
Current Ownership
Property Addressll276 BROCKJiIIGTON DR
Follo No.11 01132720008 Mlw.11
I Owner Namel GRAHAM EST, MONROE
Addresses % PANSY ANDERSON .
PO BOX 122
Cltv COPELAND II Statell FL I zlo1l34137.0122
Legal 13 52 29 COMM 1:1/4 CNR SEe
13, N6B DEG W987.57FT, S42
DEG W37FT, N54 DEG W134.40
FT, N358FT, NaB DEG W
"For more than four lines of Logal DescrIption please call the Property AppraIser's Offlca.
Section
13
.re M.Illil9I!
15.7153
Sub No.
'1J Use Code
II
100
99
II ACREAGE HEADER
I NON..AGR1CUL rURAL ACREAGE
II ~ M"::e Area ~
2004 Final Tax Roll
Latest Sales History
Land Value $ 3,260.00
(+) Improved Value :Ii 0.00
(II) Market Value :Ii 3,260.00
(-) SOH Exempt Value $ 0.00
{=) Assessed Value $ 3,260.00
H Homestead and other Exempt Value R $ 0.00
(=) Taxable Value II $ 3,260.00
Date II
Book. Page
Amount
SOH.. 'Save Our Homes. exempt value due to cap on assessme nt
Increases.
-
The Information Is Updated Weekly.
http://www.collierappraiser.comIRecordDetail. asp?FolioID=OOOOOO 113 2720008
1/13/2005
.", Details
Agenda Item No. 178
Pa.Marcaf'1i3, 2007
cp'age a3 of 107
-
Current Ownership
Property Addressl1290 BROCKINGTON DR
Fol1o No.11 01132040005 Miw.11
Owner Warne I GRAHAM ET UX, MONROE
Addresses PO BOX 122
Cltyl! COPELAND
State II FL
Zlpl 34137.0122
I
Le~al 135229 COPELAND VILL UNRECD
PAR 71 DESC AS:COMM AT E1/4
CNR OF SEC 13, N 6BDEG W
987.57FT, SAID CNR BNG PL OF
"For more than four lines of Legal DescriptIon please call the Property Appraiser's Office.
Section II Township Range Acres
13 I 52 29 lIiUlI
Sub No. + 100 I ACREAGE HEADER
.-1) Use Code 99
NON.AGRICULTURAL ACREAGE
Map No.
7E13
'11 M.I.\Jaml
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value $ 2,000.00
(+) ImDroved Value $ 0.00
{=} Market Value. $ 2,000.00
H SOH Exemot Value $ 0.00
(..) Assessed Value $ 2,000.00
(.) Homestead and other Exempt Value I $ D.OD I
(=1 Taxable Value $ 2,000.00
Date
Book. Page
Amount
SOH" .Save Our Homes" exempt value due to cap 011 assessment
increases.
. .
.
~
The Information Is Updated Weekly.
1. ..... . I L______ _ _ 11~ _ .._n n .._ ~ _ u. _ _n_ In .... ....-1T'\ _<..; 1 .. __r)r.'..1: _ T~_(\I\{V\I\f"\ 1 1 '1 ''If"\A (\(\/10<;
1'1 ~ l-:l ()() ,
Details
. ~
Agend~ Item No. 178
PaiMarcar1l3, 2007
~age 44 of 107
--
Current Ownership
.1 Folio No.11 01134802801 M.a.n II Property Addressl1270 SINGLETARY ST
Owner Name HOSSAIN. OELOWAR
Addresses 408 NW 30TH CT APT 206
CIty POMPANO BEACH II StatGD FL lr z11l1l33064 . 3121
Legal 135229 UNREC PAR N DESC AS:
COMM AT E 1/4 CNR SEe 13, S
42 DEG W 37FT, N 52 DEG W
134.40 FT, N 00 DEG E 358FT,
"For more than four lines of Legal Description please call the Property Appraiser's OfflGe.
100
99
Map No.
7E13
Section
13
~
Towns.hlp
52
Sub No.
-1J Use Code
ACREAGE HEADER .
NON.AGRICUL TURAL ACREAGE
"'6
35
2004 Final Tax Roll
Latest Sales History
Land Velu9 $ 1,720.00
(+) Improved ValuB $ 0.00
(=) Market Value $1,720.00
(-) SOH Exempt Value :Ii 0.00
(0) Assessed Value $ 1,720.00
(.) Homestead and other Exempt Value $ 0.00
(c) Taxable Value $1,720.00
Book. - Page
3459 . 2~55
II
Amount I
$ BOO.OO .
SOH:; "Save Our Homes" exempt value due to cap on assessmenl
Increases.
-
The Information is Updated Weekly. .
"hftn.II"""m1 ",,11;p.r(.l""1"'\r~ic!f"r i't"\t'Yl/R AN'rr1npt~;l o<:!n?Pnlj" Tf'l=n(\n(\n(\11 'lAQrl')Qrl1
1 11 ':1''''''''''1'::
Details
Agenda Item No. 178
PaMaltbfll, 2007
'Page 45 of 107
Folio No,11 01134801307 MAA II
11IIII
Current Ownership
Property Addressll NO SITE ADDRESS
Owner Namell BEE JR, GREORY ALAN
Addressesl PO BOX 1
Clty\ COPELAND
Statell FL
Zlpl 34137.0001
Loga I 1135229 UNREC PAR R DESC AS: I
I COMM AT E 1/4 CNR SEC 13 N 68 I
DEG W 987.57FT, S 42 W 37FT,
N 52 DEG W 134.40FT, N 356FT, .
"For more than four lines of Legal Description please call the Property Appraiser's Office.
Map No.
7E13
"G~
15.7153
Section I: Township ~ Range II Acres
13 52 29 I ~
Sub No. ~ 100 I ACREAGE HEADER
'1J Use Code 99 I NON.AGRICUL TURAL ACREAGE
~ Millage Area
35.
2004 Final Tax Roll
Latest Sales History
I Land Value I $ 7,660.00
I+} Improved Value $ 0.00
(A) Market Value $ 7,660.00
(-) SOH Exempt Value $ 0.00
(:0) Assessed Value $ 7,660.00
/-) Homestaad and other Exempt Value $ 0.00
{=} Taxable Value $ 7,660.00
Book. Page
2754. 203
2444 . 3427
2303 . 2928
2109.199
Amount
4100.00
$ 0.00
$ 5,000.00
$ 0.00
SOH = "Save.Our Homes" exempt value due to cap on assessment
Increases.
-
The Information Is Updated Weekly.
htto;ffwww.collieraooraiser.com/RecordDetail.aso?FolioID=OOOOOOl134R01307
lInnon"
Details
Ag~Qalfe~No. 178
./M'atc11'-1S, 2007
. Page 46 of107
-
Current Ownership
[ . Folio No.11 01134804003 .M.Iw II Property Addressl1275 SINGLETARY ST
Owner Name GARCIA, BARBARA J
AddreuGS I JOHN T TORRE
[PO BOX 504
eltv COPELAND II Statell FL T zion 34137.0504
Legal 135229 UNREC PAR 0 DESC AS:
COMM AT E1/4 CNR SEC 13, N 68
DEG W 987.57FT, S 42 DEG W
37FT, N 52 DEG W 134.40FT, N
.For more than four lines of Legal DescrIption please call the Property Appraiser's Offica.
SectIon ~ Township ~ Range I: Acres
13 52 29 (1t3.
Sub No. 100 ACREAGE HEADER
"G Use Code 99 .11 NON.AGR1CUL rURAL ACREAGE
~
Map No.
7E13
I Strap No.
S22S13114.0007E13
vjlj M1Jtllg.lLAmil
35
"fI ~
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value $ 6,500.00
(+) Improved Value $ 0.00
(=) Market Value $ 6,500.00
(-) SOH Exempt Value $ 0.00
{:o) Assessed Value $ 6,500.00
(-) Homestead and other Exempt Value $ 0.00
(:0) Taxable Valua $ 6,500.00
SOH = 'Salle Our Homes' exempt value due to cap on assessment
Increases.
http://w:ww.collierappraiser.comlRecordDetai1.asp?FolioID=OOOOOO 1134804003
1/13/2005
Details
Agenda Item No. 178
. Pai*ldcbfl~, 2007
1='age 47 of 107
Folio No.11 01134040003 Miu2 II
-
Current Ownership
Property Address" 233 SINGLETARY 5T
Qwner Namell HARMON, DONALD L
Addresses FLAWERENCEHARMON
D/B/A HARMON BROS ROCK CO
PO BOX 488
City COPELAND II Statell FL II ZIP1134137. 0488 I
Legal 135229 UNRECD PAR 72 DESC
SEe 13. N
DEG W 987.57FT, 5 42 DEG W
37FT, N 52 DEG W 134.40FT, N
"For more than four lines of Legal Descrlptton please call the Property Appralser's Office.
Section Township Range Acres
13 52 29 ~a_
Sub No. II 100 II ACREAGE HEADER
'1J Use Code II 99 I NON-AGRICULTURAL ACREAGE
Map No.
7E13
. Strap No. I
II 522913 055.0007E13 I
'1l Millage Area
35
"'{lJ Mllla9..e
15.7153
2004 Final Tax Roll
Latest Sales History
$ 25,920.00 I
Book - Page
3173 - 1949
Amount
$ 35,000.00
Land Value
(+} Improved Value $ 0.00
(.) Market Value $ 25,920.00
H SOH Exempt Value $ O.OD
(=} Assessed Value $ 25.920.00
H Homestead and other Exempt Value $ 0.00
I (=) Taxable Value I $ 25,920.00
SOH.'" .Save Our Homes'" exempt value due to cap on assessment
increases.
-
The Information is Updated Weekly.
nttn:IIW\.VU!.('.o1t-i P.il'lnl'lrai~p.r ('.omffi e('.()jc1Dp.tHl1_l'l~n?Fo lio Tf)=()OOOOO 1114040001
1/13/2005
Det~ls A~~J~~ ~~'2d1~
Page 48 of 107
.~
Current Ownership
Folio No.11 01133040004 M1ul II Property Addressll NO SITE ADDRESS
Owner Namell BROOKS, RONALD E
Addressesl PO BOX 154
Cltyl EVERGLADES CITY I
Statel FL
Zlp 34139.0154
Legal 135229 UNRECD COPELAND
VILLAGE PAR F OESC AS: COMM
E1/4 CNR SEC 13, N 68 DEG W
9B7.57FT, S 42 DEG W 37FT, N
"For more thAn four lines of Legal Description pi Base call the Property Appraiser's Office.
Section Township Range Acres Map No.
13 52 29 14.52 7E13
Sub No, 100 ACREAGE HEADER
'1J.I.!!;~ 99 NON.AGRICUL TURAL ACREAGE
2004 Final Tax Roll
Latest Sales History
Land Value I $ 29,040.00 I
(+) Improved Value $ 0.00
(;:) Market Value . :Ii 29,040.00
(-) SOH Exempt Value $ 0.00
(=1 Assessed Value . $ 29,040.(1(1
H Homestead and other Exempt Valu& $ 0.00
(=) Taxable Value $ 29,(140.00
II
05 I 2000 I
Date
Book. Page
2670 . 3266
Amount
$ 25,000.00
SOH:: "Save Our Homes' exempt value due to cap on assessment
increases.
-
The Information Is Updated Weekly,
http://www.collierappraiser.comIRecordDetai1.asp ?F olioID=OOOOOO 113 3040004
1/13/2005
Det~dls
Ag~'lda ItI3m~o. 178
.t"agffirtIGlIi~. 2007
Page 49 of 107
~
Current Ownership
Property Addressll NO SITE ADDRESS
Follo No.11 01133440002 .Mlm. ~
I
j
I
I
Owner Name': BEE JR, GREGORY
A.ddressesl JANES SCENIC DR
I PO BOX 87
Cltyll COPELAND II
Stale II FL
I
I
I
Zip\[34137.0087 _._nj
Legal 1135229 PAR H FURTHER DESC I
AS: COMM NE CNR SEe 13, S 89
DEG 49' 05" W 1277.62 FT, S
696.05 FT TO POB, 5 7 DEG 05'
'For mora than four lines of legal Description please call the Property Appraiser's Office.
Section
13
Township
52
Range
29
\1
J
~ 4j MlllaQe Area
II 35
-1J~
15.7153
Acres
~~~A
Map No.
7E13
II Strap No. I
II 522913 040.0007E13 I
Sub No.
~ Use Code
100
99
I ACREAGE HEADER
I NON.AGRICUL TURAL ACREAGE
2004 Final Tax Roll
Latest Sales History
Land Value I S 6,136.00 I
(+) improved Value $ 0.00
(=) Market Value $ 6,136.00
(-) SOH EXllmpl Value $ 0.00
("'I Assessed Va~ue $ 6,136.00
(-) Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 6,136.00
Book. Page
1759.1304
II
I
Amount I
$ 0.00 I
SOH = "Save Our Homes. exempt value due to cap on assessment
increases.
~
The Informatlon 1$ Updated Weekly.
htto:/ !INW\V. collierauoraiser. com/RecordOetai1.asD ?Fo Ii 010=0000001133440002
1/1312005
Dettlil~
Agenda l~eO'1cN.o. 178
.t'a~kF?I1~. 2d07
Page 50 of 107
Folio No.11 01134805316 MaD. II
-
Current Ownership
Property AddressllS15 WEBB RD
j
L
L
I
I
Owner Name
Addresses
City
I NOBLES JR, MERVIN LEE=& RHONDA
I PO BOX 293
I EVERGLADES CITY II Statell FL II Zlp1l34139.0293
Legal 1135229 A PORTION OF UNREC'D I
I PARCEL V DESC AS FOLLOWS: COM I
AT N1/4 CNR SEC 13. THENCE
ALONG THE N.S 1/4 LINE, S OOEG
.For more than four lines of Legal Description please call the Pl"Oparty Appraiser's Office.
l
Sub No.
-t Use Code
100
99
Map No.
7E13
I Strap No.
522913 122.0017E13
SectIon
13
T owns hi
52
ACREAGE HEADER
NON.AGRICUL TURAL ACREAGE
-"e Mill age Area
35
-1J~
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value $ 3,255.00
{+) Improved Value $ 0.00
(=) Market Value $ 3.255.00
H SOH Exempt Valu& $ 0.00
(a} Assessed Value $ 3.255.00
(-) Homestead and other Exempt Value $ 0.00
("') Taxable Value $ 3.255.00
Date Book. Page Amount
07 / 2003 3329.2413 $ 0.00
09 /1991 :164Q..d. $ 0.00
SOH = 'Save Our Homes" exempt value due 10 cap on assessment
Increases.
-
The Information Is Updated Weekly.
http://www.coIlierappraiser.comlRecordDetail.asp ?F 0 lioID=OOOOOO 1134805 316
1/13/2005
Detai1~
Aqenda Item No. 178
~ Pargitlllrltnf:l 2007
Page 51 of 107
Folio No.11 01134805303 Mim
Owner Namel MESCE, WILLIAM D
Addresses PO BOX 1 e1
City EVERGLADES CITY ~
~
Current Ownership
Property Addressll605 WEBB RD
~
I
I
Stetell FL
II
Zip II 34139 - 0191
I'
I
I
I
Legal 1135229 UNREC'D PARCEL V DESC I
AS: COM AT N1/4 CNR SEC 13, S -
533.40FT TO POB, 5 :l91.42FT, S
88DEG E 8eS,67FT, N 19DEG E 40
"For more than four. lines of Legal Description please call the Property AppraIser's Office.
Section
13
TownshIp
52
Acres
5.53
Map No,
7E13
Sub No.
'1J Use Coda
100
2
I ACREAGE HEADER
1 MOB1LE HOMES
4!J~
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value S 33.1 BO.OO
(+) Improved Value :.$-,14.1 Oii.olfo
(=) Market Value $ 47.284.00
(-) SOH Exempt Value $ 29,016.00
(=) Assessed Value $ 18.268.00
Book. Page
1645.1
Amount
$ 8,000.00
I (0) Homestead and other Exempt Value II $ 18,268.00 I
I (=) Taxable Value I $ 0.00
SOH = "Save Our Homes" exempt value due to cap on assessmsnt
incroases. .
lIIIIImI
The Infonnation Is Updated Weekly.
h~.l/nrnn" ",,11; o~n~.....,..n;n~" ""...... m o""..,.<T'"l",t.,;l nco....'rt<,,'.A TT'"l=OOn(\(\()11 ~t1 Qn~~(\~
1/11.1? not:;
Det~l~
Agp",nda Itern.t-lo. 178
. a1MrakW1 g, 2007
Page 52 of 107
Folio No.~ 01134802209 MaD II
-
Current Ownership
Property Addreasll 621 WEBB RD
Owner Name JENSEN, JOVENE
Addresses PO BOX 525
CIty COPELAND II statalj FL II Zlpll 34137 - 0525
Legal 13 5229 UNREC PAR A-22 OESC
AS: COMM AT NE CNR SEe 13 S 89
DEG W 2697.49FT, S 110FT TO
POB, N B9 DEG E 516.52FT, S
'For more than four lines of Legal Description please call the Property AppraIser's Office.
Section
13
Range
29
Acres
5
Strap No.
522913096.0007E13
Sub No.
4.'J ~~
100
1
I ACREAGE HEADER
SINGLE FAMILY RESIDENTIAL
'11~
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value $ 30,000.00 Date Book. Page Amount
(+llmIJroved Value ,.'$ 22,'659.00, 04/2002 3026.815 $ 0.00
(::oj Market Value $ 52,659.00 01/1997 2267 . 1923 $12,000.00
H SOH Exempt Value $ 0.00 07/1993 1 $ 0.00
(:oj Assessed Value $ 52.659.00 I 01/1993 I 1792. 933 $ 0.00
(-) Homestead and other Exempt Value $ 0.00
(..) Taxable Value $ 52,659.00
SOH = 'Save Our Homes" exempt value due to cap on assessment
Increases. .
-
The Information Is Updated Weekly.
http://www.collierappraiser.comIRecordDetail.aso ?FolioID=OOOOOO 1134802209
1/13/2005
Details.
Aqenda Item No. 178
~ Pa~rtof11 2007
Page 53 of 107
Folio No.11 01131680107 Mimll
-
Current Ownership
Property AddressllS17 WEBB RD
Owner Name'l PACE JR, GLENN D=& DONNA
Addressesl PO BOX 5
CltyU COPELAND II
State II FL
zipll 34137 - 0006
LGgal 1125229 UNRECORDED PARCEL I
A-3-A DESC AS: COMM AT NE CNR ._-~
SEe 13, S 89DEG W 1923.43, N
1DEG W 60FT, S 89DEG W
"For more than four lines of Legal Descrlptlon please calt lhe Property Appraiser's Office.
Section II Township II Range Acres
12 11 52 I 29 5
Sub No. 100 ACREAGE HEADER
Use Code 1 SINGLE FAMlL Y RESIDENTIAL
Map No.
7E12
Strap No.
522912105.0007E12
-1l Milla{Ja..Arell II
35 . II
'1l M.\J.J.!um
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value $ 16,000.00
(+) Improved Value $.4,07iUI0'
(=) Market Value $ 20,076.00
(-) SOH Exempt Value $ 0.00
I (=) Assessed Value I $ 20,076.00
(-) Homestead and other Exempt Value $ o.ao
i {=} Taxable Value I $ 2a,076.00
Date II Book - Page Amount
Pi ~.eM.: 2331 $ 0.00
I 06/1996 11 2190 - 823 $ 10,000.00
I 06/1995 II 2070-1390 I $ 12,000.00 I
SOH = "Save Our Homes. exempt value due to cap on assessment
increases. .
....
The lnformatlon is Updated Weekly.
l......_.II______. __ 11: ______~:___ ~~_ID _~~_..1T"'\_~_:1 ___<)1:)"T: '" Tn-{){)(){)(){)1 1 ':t 1 .t;Qf\1 (1'7
1/1 ~I?()()"
Details
. . .
Aoenda 11em No. 17B
~PaPal~f1n, 2007
Page 54 of 107
Folio No.11 ll1131480006 M1!.1l11
-.
Current Ownership
Property Address~ 515 WEBB RD
I Owner Namel PACE JR, GLENN D=& DONNA
Addresses 515 WEBB RD
PO BOX 5
City COPELAND II statell FL 11 Zlpll 34137 - 0005
Legal 12 52 29 PAR A.3 DESC AS:
COMM NE CNR SEe 13, S a9 DEG
W 1923.43FT, N 1 DEG W 60FT
TO POB, S 89 DEG W 240.27FT,
"For more than four lines of Legal Description please call the Property Appra1ser's Office.
Section
12
Township Range ~
52 29
100 ACREAGE HEADER
2 MOBILE HOMES
Acres
~
"CJ Millage Area
35
"1l ~
15.7153
Sub No.
"G Use Code
2004 Final Tax Roll
Latest Sales History
Land Value $ 36,000,00 Date Book. Page Amount
(+)Improved Value r,;;.$<68}2(it;OO. It 01/2001 2765 - 51 $ 90,000.00
(..) Market Value $ 104,244.00 04/1994 1934.290 $ 0.00
H SOH Exempt Value $ 34,577 .00 03/1993 1804 . 2252 $ 0.00
(=) Assessed Value $ 69,667.00 02/1993 I .11~a.6 1 $ 0.00
(-} Homestead and other Exempt Value $ 25,000.00
(=) Taxable Value $ 44,667.00
SOH = "Save Our Homas" exempt value due to cap on assessment
increases.
~
. The Information is Updated Weekly.
htto://www.collierannraiser.comIRecordDetail.asn?FolioID=OOOOOO 1131480006
1/13/2005
Det?/-l'Is Agppna~~te;:r-~o. 178
bTdFcAt1 S, 2007
Page 55 of 107
~.
Current Ownership
Follo No.ll 01131680204 MaR II Property Addresslls11 WEBB RD
Owner Namell MOSHER, LARRY
AddressesllllRANDETTE ELLISON
II PO BOX 63
Cltyll COPELAND II
Statell FL
Ir---
ziPlf 34137. 0063
Legal 125229 UNREC PAR A-4 DESC
! AS: COMM AT NE CNR SEe 13, S ..
89 DEG W 1923.43FT. N 01 DEG
W 165FT FOR POB, N 01 DEG W
'For more than four lines of Legal Descrlptlon please call the Property Appraiser's Office,
Section
12
Township
52
Range
29
Acres
Q~""
Map No.
7E12
I Strap No.
I 522912 106.0007E12
II
.I
, -1J MlIlar;le Area
II 35
..Ifl .M.!.!l1!9 e
15.7153
Sub No.
'1i ~~
100
99
ACREAGE HEADER
I NON-AGRICUL rURAL ACREAGE
2004 Final Tax Roll
Latest Sales History
Land Value $ 17 ,004.00
(+) Improved Value $ 0.00
(=) Market Value $ 17,004.00
H SOH Exempt Value $ 0.00
(=) Assessed Value $ 17,004.00
(-) Homestaad and other Exempt Value I $ 0.00 I
I 02/ 2000 II _26~ I $ 0.00
I 09/1995 II 2064 . 552 $ 0.00
r 05/1995 II 2056 - 2401 I $ 0.00
Book - Page
]1
Date
Amount
I (=} Taxable Value II $ 17,004.00 I
SOH = "Save Our Homes" exempl value due to cap on assessment
incroanes.
~
II": .,..,
The lrlformatlon Is Updated Weekly.
I1ttn:/ /www.co11ierannraiser.comJRecordDetaiLasn?F olioID=OOOOOO 1131680204
1/13/2005
Detai1~ A~~~g&1 j.;~.2~6~
Page 56 of 107
-
Current Ownership
Folfo No,11 01131680505 M.lu211 Property Addressll NO SITE ADDRESS
Owner Name MOSHER, LARRY
Addresses RANDETTE ELLISON
DRED LESSOR
EBB RD
OX63
Clt COPELAND
State I FL
ZI 134137.0063
Legal 125229 UNREC PAR A.23 DESC
AS: COMM AT NE CNR SEe 13, S
a9 DEG W 164B.43FT, N 01 DEG
W 165FT FOR POB, N 01 DEG W
For more than four IIn9s of Legal Doscrlptlon please call the Property AppraIser's Office.
Section
12
Range
29
eicres
'r\jt~
.~- ...:.-- . .
Map No.
71:12
I Strap No.
522912109.0007E12
I ACREAGE HEADER
NON .AGRICUL TURAL ACREAGE
Sub No.
"fJ Use Code
100
99
-t Mlflaae Area
35
"l'J~
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value $ 17,280.00
(+) Improved Value $ 0.00
t=) Market Value $ 17,280.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $17,280.00
H Homestead and other Exempt Value $ 0.00
(=) Taxable Value :Ii 17,280.00
Date Book. Page II Amount I
01/2002 2967.2866 II $ 27,200.00 I
0112002 1 2967.2863 II $ 0.00 I
01/2002 ~28M
$ 0.00
SOH = "Save Our Homes' exempt value due to cap on assessment
increases.
~.
The Information is Updated Weekly.
http://www.collierappraiser.com/RecordDetail.asp?FolioID=OOOOOO 1131680505 .
1/13/2005
Det<11'1& AgEUlda""lt{3m,No. 178
.... yagrarcl9IJ 3. 2007
Page 57 of 107
IIIdId
Current Ownership
Folio No.11 01131681106 M.wl.11 Property Addressl1258 LAKE GLORIA RD
Owner N3mel[ Me GOON, LUCILLE LAHAIE
Addresses!. PO BOX 461
Cityll COPELAND II
Statell FL
zlpl!34137.0487
. LC9alll12 52 29 UNRECD PAR W DESC IN
I OR 1650 PG 672.
Sectlo n II TownshIp Range Acres
12 I 52 29 rB.Q1~)-
Sub No. II 100 I ACREAGE HEADER
'1l U.S~_ C o_d.ll I 99 I NON-AGRtCUL TURAL ACREAGE
Map No.
7E12
Strap No.
522912115.0007E12
-1J MIllage Area
35
-'t'l~
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value
$10,920.00 II
Book - Paga
2124 -i1Q
Amount
[+) Improved Value I $ 0.00 I
(=) Market Value \ $ 10,920.00 I
(.) SOH Exempt Value $ 0.00
(..) Assessed Value $ 10,920.00
$ 0.00
I (-) Homestead and other Exempt Value II $ 0.00 I
r (=) Taxable Value "$10,920.00 I
SOH = "Save Our Homes" exempl value due to cap on assessment
Increases.
~
The Information is Updated Weekly.
1,ttn'//nmrm ...nllipr~mnr"i"'f'r ...rrnfR (->('.nrrlT1f't",il ,"<m?Po1;nTT1=OOOOOOll ~ 1 fiR 1106
111312005
Detail~
AgEll1da It.fm,N? 178
pa~rtl4l11:1, 2007
Page 58 of 107
-
Current Ownership
Property Addressl1228 LAKE GLORIA RD
Folio No.11 011316B0709 .Mn II
Owner Name TORRE, JOHN J
Addresses PO BOX 604
Cltv COPELAND II Statell FL II Zlp]L 34137.0504
Legal 125229 UNRECORDED PARCEL
A.26 DESC AS: COMM AT NE CNR
SEe 13, S B9 DEG W 1026.03FT,
N 116.77FT TO POB, N 55 DEG W
'For more than four lines of Legal Descrlptlon please call the Property Appraiser's Office.
Section I: Township Acres .
12 1 52
Sub No. I 100 ACREAGE HEADER
4'J Use Code 99 NON.AGRICUL TURAL ACREAGE
Map No.
7E12
~~~ ~
~ MJJ.l.ase
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value $ 3,120.00
I (+) Improved Value $ 0.00
(ea) Market Value $ 3,120.00
H SOH Exempt Value :Ii 0.00
(,,) Assessed Value $ 3,120.00
H Homestead and other Exempt Value $ 0.00
(=) Taxable Value :Ii 3,120.00
Date
Book. Page
II
Amount
SOH = "Seve Our Homes" exempt value due 10 cap on assessment
Increases.
--
The Information Is Updated Weekly.
http://www.collierappraiser.comIRecordDetail. asp?F olioID=OOOOOO 1131680709
1/13/2005
Details
Agenda Item No. 17B
Pawrp~j1'l2007
'F'age 59 of 107
~
Current Ownership
Property Adclressl1222 LAKE GLORIA RD
I
I
r
I
Folio No.11 01131680602 MM II
Owner Namel TORRE, JOHN J
Addresses PO BOX 504
City COPELAND II
statell FL
.
ZlpF4137.0504
1
1
1
I
Legal 1125229 UNRECORDED PARCEL I
A.17 DESC AS: COMM AT NE CNR
SEC 13, S 89 DEG W 757.62FT,
N 28 DEG E 32.92FT, N 64 DEG
'For more than four lines of Legal Description please call the Property Appraiser's Office.
Section I Rango Acres ~ Map No. II Stl1lP No. I
12 I 29 ~9Mt_~' 7E12 1 522912110.0007E12 I
Sub No. II 100 I ACREAGE HEADER i ~ Millage Area -t MlJ1ag.Q
-1l Use Code II 2 I MOBILE HOMES 35 15.7153
2004 Final Tax Roll
Latest Sales History
land Value $ 2,280.00 I
(+) improved Value ~~$j9;1i12.0D,
(=) Market Value $ 22,092.00
H SOH Exempt Value $ 6,541.00
I (=) Assessed Value I $ 15,551.00
I H Homestead and other Exempt Value I $15,551.00
Date
Book - Page
Amount
I (=) Taxable Value II $ 0.00
SOH = .Save Our HomGs" exempt value due to cap on as~es~ment
increases.
--
The Inf[)[mation Is Updated Weekly.
l..tt-l"\-/lnn1.nlT ...",11; p,-ran-n..,...a.; C\~'t" ",....,....vo. ro O'......r\..-AT'\Llof.,.,~l nn_I')'C'n. 1:,.... Tr'\-AI1(,\(\(\(\ 1 1 '11 c. ont:"...,.
1 /1 .., /,.., ()()J::.
Details
. ,
Ag~nda Item No. 178
.pa.ualcW1B, 2007
Page 60 of 107
Folio No.11 01131680806 M.iul ~
mIEIII
Current Ownership
Property Address~ 216 LAKE GLORIA RD
Owner Name HENDRICKSON, CANDl I
Addresses PO BOX 50S I
CIty COPELAND II Statal FL II ZIPl~4137 - G50S I
Legal 1125229 UNRECORDED PARCEL I
A-iS OESC AS: COMM AT NE CNR
SEe 13, S B9 W 757.62FT, N 2B
DEG E 32.92FT FOR POB, N 64
'For more than four lines of L.egal Descrlplion please call the Property Appraiser's Office.
100
2
Map No.
7E12
Section
12
Township
52
Sub No.
'1J.u.~
~ rn
35
2004 Final Tax Roll
Latest Sales History
Land Value $ 3,240.00
(+) Improved Value ,.f.i,$.12,620;0("
(=) Market Value $ 15,860.00
(.) SOH Exempt Value $ 0.00
(=IAssessed Value $ 15,860.00
(.) Homestead and other Exempt Value $ 0.00
(=1 Taxable Value $ 15.850.00
II.
Book - Page
2071 - Sn
Amount I
$ 0.00 .
SOH;;; "Save Our Homes' exempt value due 10 cap on assessment
increases.
-
. The InformatIon Is Updated Weekly.
htto://www .coUieraporaiser.com/RecordDetai1.asn7FolioID=OOOOOOl131680806
1/13/2005
Detail~
Agenda [tem No. 178
PafftetrtJ0f1, 2007
'Page 61 of 107
Fol1o No.11 01127480007 M.ml.11
~
Current Ownership
Property Addressl1516 HARMON TER
Owner Namsll O'CONNELL, DERRICK W
Addresses I AMANDA SLATTON
,I PO BOX 534
City COPELAND II
State II FL
~
Zip II 34137 - 0534
I
I
I
I
Legal 112 5229 UNRECORDED ~.ARCEL I
A-16 DESC AS: COMM AT NE CNR
SEC 13, S 69 DEG 49' OS" WEST
982.15 FT FOR POB, S 45 DEG
"For more than four lines of Legal Description please call the Property AppraIser's Office.
Section
12
TownshIp
52
Ranga
29
Map No.
7E12
I Strap No. I
1522912001.0007E12 I
Sub No.
'1l Use Code
100
2
I ACREAGE HEADER
II MOBELE HOMES
'1l Ml1l.1lwI
15.7153
2004 Final Tax Roll
Latest Sales History
I Land Value I $ 4.080.00
(+) Improved Value ($:22;540:il(j~
(=) Market Value $ 26,420.00
(-) SOH Exempt Value $ 255.00
1=) Assessed Value $ 26,165.00
(-) Homestead and other Exempt Value $ 25,000.00
Amo un! I
$ 35,000.00 I
$1~,000.OO I
Date
06 I 2001
06 /1996
Book - Page
2844 - 572
211}4 -1462
I (=}TaxableValue II $1,165.00
SOH co "Save Our Homes" exempt value due to cap on assessment
increases. .
~
The InformatlDn is Updatod Woakly.
httn.//~"t.".,.".'H ,n^11~"".,...t')_"""""r"l~no't"' ,...^~roCl."""''''1''1n,...4-r.;1 ....n-.f"')'D""1:,...Tr\-(\[\()(\(\()11"1'7A Q"(\,,,.,
1 11':1 /"}An.c:
,Details
Agenda Item No. 178
Pak'e>ilcbfl~, 2007
'Page 62 of 107'
Folio No.11 01131320001 MnR II
--
Current Ownership
Property Addressll NO SITE ADDRESS
J
I
L
l
I
Owner Namall HENDRICKSON, ROCKY J=& CANDIDA
Addressesl PO BOX 505
elt~. COPELAND State FL
Zip 34137 - 0505
Legal 125229 PAR A-1 DESC AS:
COMM NE CNR SEe 13, S 8S DEG
W 818.14FT TO POB, S 47 DEG E
54. 87FT, N 85 DEG W 1B1.97FT.
'For more fhan four IIne9 of Legal Description please call the Property AppraIser's Office.
I Section I Township Range
12 52 29
I Sub No. II 100 ~ ACREAGE HEADER
I' "'{lJ Use Code 2 MOBILE HOMES
2004 Final Tax Roll
Map No.
7E12
'1J MrnaQ9 Area
3S
41J~
15.7153
Latest Sales History
Land Value $ 11,880.00
(+T Improved Value ....;$:25,;;88;00
(m) Market Value $ 37,468.00
(-1 SOH Exempt Value $10,990.00
(=) Assessed Value $ 26,478.00
(-) Homestead and other Exempt Value $ 25,000.00
(al Taxable Value $ 1,478.00
Date
Book - Page
1901 - 2206
Amount I
$ 0.00
~. 01/1994 ~
.11
SOH = 'Save Our Homes' exempt value due 10 cap on as~e~:lment
Increases.
--
The Information is Updated Weekly.
httn'llwWw- ('.f\mp.r~mnrl'l;Qf''' rm"/R pr.nrrlnp.bil '-1<l,,?l:;'nl1nTn=.()()()()()()11 ~ 1 ":(,)()()()1
1/1 ~I?n(j"
Detail~
Agenda Item No. 178
Pal:!.re[cbfl~, 2007
'Page 63 of 107
--
Current Ownership
Property Addressll15859 JANES SCENIC DR
I
I
I
I
Folio No.11 01134803606 .Mil.P- II
Owner Namel BRAUGHMAN.HELEN
Addresses PO BOX 517
City COPELAND U
Statell FL
Zlp1L34137. 0517
I
I
I
Logal 1135229 UNREC PAR A.20 DESC I
I AS: COMM AT NE CNR SEe 13, S _. .J
89 DEG W 757.62FT. N 28 DEG
E 32.92FT TO POB, N 89 DEG E
'For more than four lines of Legal Description please call the Property Appraiser's Office.
Townshlp
52
Range
29
Acres
~J?1K~~
Map No.
7E13
I Strap No.
I 522913110.0007E13
Section
13
II
II
II
II
Sub No.
'1l Use Code
100
2
I ACREAGE HEADER
I MOBilE HOMES
"'ij Mlllatle Area
35
'1l M.lI.l.ana
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value $ 21,600.00
(+) Improved Value ..t~.$36;122.00
(=) Market Value S 57,722.00
(-) SOH Exempt Value $ 17.007.00
(=) Assessed Value $ 4".715.00
H Homestead and other Exempt Value $ 25,000.00
(=) Taxable Value $15,715.00
Book. Page
2040 . 778
Amount I
$ 0.00 I
Date
03/1995
SOH = "Save OUf Homes' exempt value due to cap on assessment
increases.
~
The Information Is Updated Weekly.
11ttn. / /~ r,r>l1tporn,..,t'orA;QPr ('r>rn/R pf'r>rrlTlpt.,;l .,,,,,..,')P,,,i'A TTl=Il()(\(\(\() 111./1 Q(\':l,<;llh
1/1~/'")()()"
Details
Agpnda Item~o. 178
a~tclirlB, 2007
Page 64 of 107
--
Current Ownership
Folio No.11 01134803800 M..lw.11. Property Addressll524 HARMON TER
Owner Namell SEABURY, DONALD JAMES
Addressesl PO BOX 453
CIty COPELAND
Statel FL
Zlp1134137.0453
]
I
I
legal 135229 UNREC PAR A-24 DESC
AS: COMM AT NE CNR SEe 13, S
as DEG W 1022.30FT TO POB, S
69 DEG E 25.88FT, S 41 DEG E
"For more than four lines of Legal DlIscriptlon please call ths Property Appraiser's Office.
Sub No.
''8 .u~
100
2
I ACREAGE HEADER
MOBILE HOMES
Map No.
7E13
Section
13
Township
52
~~.~II
'1J M.lJ.IaM
15.7153.
2004 Final Tax Roll
Latest Sales History
Land Value $ 18,720.00
(+) Improved Value L.sA3i960.00 .
t=) Markel Value $ 32,680.00
H SOH Exempt Value $ 0.00
("') Assessed Value $ 32,680.00
(-) Homestead and othar Exempt Value $ 0.00
("'-} Taxable Value $ 32,680.00
~I1111999 ~
Book. Page
2611 - 2993 .
Amount
$ 5,000.00
Date
SOH" "Save Our Homes" exempt value due 10 cap on assessment
increases.
~.
The Information Is Updated Weekly.
http://www.collierappraiser.comIRecordDetai1.asp 7F olioID=OOOOOO 1134803 800
1/13/2005
p~tail('l AgIPadJ~tpRmt\jo. 17B
_ wrak, 13. 2007
Page 65 of 107
-
Current Ownership
Folio No.11 01134803703 M..M II Property AddressllS27 HARMON TER
Owner Namelf MULDOON, JOHN
Addressesll PO BOX 554
1\ 527 HARMOND TER
Cltyll COPELAND II
.
Statel\ FL
~
Zlp1134137-
Legal I 13 52 29 UNREC PAR A-25 DESC
AS: COMM AT NE CNR SEe 13, S
DEG W 1146.57FT TO POB, S
03 DEG E 363.76FT, S 61 DEG W
For more than four lines of Legal Description please call the Property Appraiser's amell.
Township
52
Range
29
~
Acres
~1r~~".a
Strap No.
522913 111.0007E13
Section
13
II
II
II
II
Sub No.
"1; Use Code
100
2
II ACREAGE HEADER
II MOBILE HOMES
-1J MiIlaoe A.rea
35
.Ifl M!llag~
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value $15,720.00 I Date II Book - Page II Amount ~
(+) Improved Value ,r,.S-.34iB16.0ob-f 01/1999 II 2499 - 934 II $ 67,000.001
(=) Market Value $ 50.536~00
(-) SOH Exempt Value I $ 14,32B.00 I
(=) Assessed ValuQ $ 36.20B.OO
(-) Homestead and other Exempt Value $ 25,500.00
(=) Ta)(Bble \'alue $ 10.708.00
SOH:: "Save Our Homes" exempt value due to cap on assessment
increases.
~.
. .11"
The Information is Updated Weekly.
httn:/ /www .col1ierannrai!{er.comfRecordDetai1.astl?FolioID=OOOOOO 1134803 703
1/13/2005
pe.tail~
Age.o.da It.\3m.No. 17B
.P~rtKJ~ j, 2007
Page 66 of 107
-
Current Ownership
Property Addresslls19 HARMON TER
l
Folio No.11 01133760009 M2n II
Owner Namel BEE JR, GREGORY A
Addresses: PO BOX 87
. City I COPELAND
State FL
Zip l?4137 - 0087
Legal 113 5229 UNRECD TRACT A-8-B J
OESC AS: COMM NE CNR OF SEe
13, S 89 DEG W 1312.67FT, S -
153.18FT TO POB, S 6 DEG E
'For more than four lines of Legal Desl::riptlon please Gall the Property Appraiser's Office.
Section
13
Township
52
Range
29
'I
I
Acres
~~
Map No.
7E13
I Strap No.
I 522913 048.0007E13
Sub No.
'1J Use Coile
100
99
ACREAGE HEADER
NON-AGRICUL rURAL ACREAGe
..re Millage Area
35
'11 M.i.llng~
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value $ 4,836.00
(+) Improved Value $ 0.00
(=) Market Value $ 4,836.00
(-) SOH Exampt Value $ 0.00
(.;;) Assessed Value $ 4,836.00
{-} Homestead and other Exempt Value : $ 0.00 I
(=) Taxable Value . :Ii 4,836.00
Book - Page
1815.993
1 .
Amount I
$ 500.00
SOH = "Save Our Homes" exempt value due to cap on assessment
Increases.
-'
The Information is Updated Weekly.
http://www.collierappraiser.comlRecordDetail. asp?F olioID=OOOOOO 1133 760009
1/13/2005
..D ytai 1.s
Aoenda Item No. 178
~ Pa&ieJrtlmffJ, 2007.
'fSage 67 of 107
Folio No.11 01134800104 M.l!R II
.-
Current Ownership
Property Addressll 537 HARMON TER
Owner Namell RAINS, MICHAEL:::& LINDA
Addressesl PO BOX 455
Cltyll COPELAND
Statell FL
Zip 341~7 - 0455
Legal (135229 UNRECORDED PARCEL I
A.6.A DESC AS: COMM AT NE CNR
SEC 13, S B9DEG W 1312.67FT S
153.18FT S 6DEG E 120 .98FT,
'For more tllan four lines of Legal Description please call the Properly AppraIser's Office.
Section II
13 II
Sub No. I
-1l Use Code I
Acres J Map No. II Strap No. I
Cif'~'" II 7E13 II 522913 075.0007E13 I
II -'IS Miliage Area i -t MJllanQ
~ 35 II 15.7153
Township
52
Range
29
100
2
~ ACREAGE HEADER
II MOBILE HOMES
2004 Final Tax Roll
Latest Sales History
I Land Value I $ 7,560.00
(+) Improved Value ..<$:3S;263;1)0" .
(!O) Market Value $ 45,823.00
H SOH Exempt Value $ 13,243.00
(a) Assessed Value I> 32,580.00
(-) Hom ~ ..L ~. .< I> 25.000.00
(:::) Taxable Value $ 7,580.00
Date ~
09/1997 11
Book. Page
2.347 . 1~63
Amount I
$ 15,000.00 I
SOH'" "Save Our Homes' exempt value due to cnp on m;sessment
hcreases.
...
The Information is Updated Weekly.
httn'//nnvur "nl1, <>..""',.".,,, ~pr ".....,."ID p",wHT'\pt",l '" ",..,?P.....1,.....TT"'l=()(){)()()1l1 11.,1 ROil 1 ()A
1/1 ~n()()"
p~tai1.s
Age.pda It~m N.p. 178
~8r~HJlJ; 2007
Page 68 of 107
~.
Current Ownership
I . Follo No.11 01134804304 .M.wl." Property Addressfl543 HARMON TER
A
Owner Name
Clt
State I FL
Zlpj[14137 -
Legal 135229 UNRECORDED PARCEL A-7
DESC AS FOLL: COMM AT NE CNR
SEe 13, S 89DEG W 1312.57FT, S
153.18FT, S GDEG E 241.95FT
"For more than four Ilnas of Legal Description please call the Property Appralller's Office.
Sectlon
13
Township
52
Range
29
Acres
Map No.
7E13
I Strap No.
I 522913 117.0007E13
~~
Sub No.
'1l Use Code
100
2
~. ACREAGE HEADER
MOBILE HOMES
'1J Millage Area
35
'1J~
15.7153
2004 Final Tax Roll
Latest Sales History
Land Value $13,440.00 J
{+ Improved Value f~'''$'3t;i138;[f .1
(=:I) Market Value $ 51,37B.00
{- SOH Exempt Value $15,006.00
(=) Assessed Value $ 36,372.00
H Homestead and other Exempt $ 25,000.00
(=) Taxable Value $ 11,372.00
SOH" "Save Our Homes' exempt value due to cap on assessment
increases.
Book - Page
1474 - 20GB
Amount
$11,500.00
~
The Information is Updated Weekly.
http://www.collierappraiser.comlRecordDetail. asp?F olioID=OOOOOO 11348043 04
1/13/2005
Agenda Item No. 17B
March 13, 2007
Page 69 of 107
RZ-2005-AR-7445 '
PROJECT # 2004050010
DATE: 4/11/05
MICHAEL DeRUNTZ
'\I" AIVER Al>PLICA TION FROM THE REQUIRED H1STORICAL AND
ARCHAEOLOGICAL SURVRY ANn ASS1{~SSMENT .
PLA...1\.lNER: Ray V. Bellows: Zoning Manager
DATE SDBMITTED:
PETITION NUMBER ASSOCLA TED WITH THE WAIVER:
(To Be Completed By Zoning and Land Development Review Staff)
PROJECT NAME: COPELAND AREA REZONING
LOCATION: (Common, Description) THE PROPERTY COMPRISES
APPROXIMATELY 94:1: ACRES IN THE UNINCORPORATED . AREA FO
COPELAND. THE PROPERTY LIES WEST OF S.R. 29 AND SOUTH OF
. PROPERTY OWNED BY THE STATE OF FLORIDA.
SUMMARY OF \\7 AIVER REQUEST: THE PROPOSED REJOINING OF THE 94:1:
ACRES FROM CON-ACSC/ST TO VR-ACSC/ST<4> HAS BEEN REQUESTED BY
THE COLLIER COUNTY BOARD OF COMMISSIONERS IN ORDER TO CORRECT
A ZONING ATLAS MAP THAT PRESENTLY HAS EXISTING AND DEVELOPED
HOMESITES LOCATED IN TWO ZONING DISTRICTS. THE ZONING DISTRICTS
HAVE DIFFERING DEVELOPMENT REGULATIONS, WHICH AT THE PRESENT
TIME ARE RESTRICTING THE RESIDENTS FROM MAKING IMPROVEMENTS
TO THEIR EXISTING RESIDENCES.
THE COLLIER COUNTY DEPARTMENT OF FINANCIAL ADMINISTRATION
AND HOUSING HAS A HOUSING [NITTA TIVE IN THE COPELAND AREA TO
REHABILITATE HOUSING STRUCTURES AND UPGRADE OTHER ESSENTIAL
SERVICES IN THIS AREA.
HistOlic Preservation/forms! 11 /30/04
1
Agenda Item No. 178 .
March 13; 2007
Page 70 of 107
SECTION TWO: SUBJECT PROPERlY DATA (Attach copy of the plat book page
(obtainable from Clerk's Offke at the original scale) with subject propeliy clearly
marked.)
A. Legal description of subject property. Answer only 1 or 2, as ap.plicable.
1. Within platted subdivision, recorded in official Plat Books of Collier County.
SubdivisiOli Name:'
Page
. Unit
B1 ock
Plat Book
Lot.
Section
Township
Range
2. If not in platted subdivision~ a complete legal description must be attached
which is sufficiently detailed so as to locate said property on County maps or
aerial photographs. The legal description must include the Section, Township
and Range. If the applicant includes multiple contiguous parcels, the legal
description may describe the perimeter boundary of the total area, and need
not describe each individual parcel, except where different zoning requests
are made on individual parcels. A boundary sketch is also required. Collier
County has the right to reject any legal description, which is not sufficiently
detailed so as to locate said property, and may require a certified survey ur
boundary sketch to he submitted:
B. Property dimensions:
Area:
square feet, or 94::l:
acrcs
Width along roadway: Varies
Depth: Varies
C. Present use ofpropel1y: SINGLE FAMILY RESIDENTIAL
D. Present zoning classification: CON-ACSC/ST
Histolic Prc~r,:r~,'l1!jQt!If()S[l1s/ll /30/04
4
Agenda Item No. 178
March 13. 2007
Page 71 of 107
SECTION THREE: WAIVER CRlTERIA
Note: TI1is provision is to cover instances in which it is obvious that any archaeological
or historic resource that may have existed has been destroyed. Examples would
1)0 evidence that a major building has been constructed on the site or that an area
has been ex.cavated as a quan-y. The Community Development & Environmental
Services Administrator may Reck counsel of the chairman of the Historic and
Archaeological Preservation Board when it is not completely evident that the site
is wiLhout archaeological or historic value.
A. Waiver Request Justification.
1. Interprctation of Aerial Photograph Aerial photo demonstrates tat
significant portions of the area have been previously impacted by road.
construction and residential home construction.
2. Historical Land Use Description: Historically the area has been utilized as
a rural residential community in support of timber harvesting.
3. Land, cover, formation and vegetation description: Much of the property is
. vacant and vegetated with a variety of native and exotic vegetation.
4. Other: The char12:e of zoning atlas designation will not result in activities
that have any detrimental impact on historical or archeological resources.
Any resulting home construction will be subiect to LDC provisions
. reg;arding accidental discovery.
B. The Community Development & Environmental Services Administrator or his
designee may deny a waiver, grant the waiver, or grant the waiver with
conditions. The official decision regarding the waiver request shall be provided
to the applicant in writing. In the event of a denial of the waiver request, written
notice shall be provided stating the reasons for such denial. Any party aggrieved
by a decision of the Corrnnunity Development & Enviromnental Services
Administrator or his designee regarding a waiver request may appeal to the
Preservation Board. Any party aggI1eved by a decision of the Preservation Board
regarding a waiver request may appeal that decision to the Board of C01.mty
Commissioners.
HistOllC rl'C.~lT\!atinn!f orrm;/ 11/311!04
5
. .
r
r-
r
Agenda Item No. 178
March 13,' 2007
Page 72 of 107
SECTION FOUR: CERTIFICATION
A. The applicant shall be responsible for the accuracy and completeness of this.
application. Any time delays or additional expenses necessitated due to the
submittal of inaccurate or incomplete information shall be the responsibility of the
applicant.
B.' All infonn ati on submitted with the application becomes a part ofthe public record
and shall be a. pemlanent part of the file.
C. All attachments an.d exhibits submitted shall be of a size that will fit or
conveniently fold to fit into a legal size (8 W' x 14") folder.
Signature of Applicant or Agent :::J
.~~~
I . .
Printed Name of Applicant or Agent
u,~~~ Avvu.\cJ
. .
-TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION-
SECTION FIVE: NOTICE OF DECISION
. .
The Community Development & Environmental Services Administrator or designee has made the .
:~1I0wm:::=on:4~<C_05 By: 4 Zonln:; II') "n..,e,
17
2.
Approved with Conditions on:
(s ee attached)
By:
3.
Denied on:
(see attached)
By:
Hi~tOlic Prest-rvationlfOllDs'II/30/04
6
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Agenda Item No. 17B
March 13, 2007
Page 74 of 107
('\
)
COLLIER COUNTY
ENVIRONMENTAL IMPACT STATEMENT
1 0_02.02(4) APPLICANT INFORMATION:
A
i. Responsible agent who wrote EIS and his education and job related
environmental experience.
Marco A. Espinar, B.S. Biology, University of South Florida
Collier Environmental Consultants, Senior Biologist - Owner
Turrell & Associates, Senior Environmental Planner
SFWMD, Natural Resource Regulation
Collier County Government, Development Services Department
SWFMD, Resource Regulation
ii.
Owner(s)/agent name and address, phone number & e-mail address.
r)
Copeland- Collier County Government
Agent: Q. Grady Minor & Associates
3800 Via Del Rey
Bonita Springs, Florida 34134
Contact: Wayne Arnold
B
MAPPING AND SUPPORT GRAPHICS:
i.
General Location Map.
See maps provided as Exhibit # 1 Location Maps
ii.
Native habitats and their boundaries identified on an aerial photo of
site extending at least 200 feet outside the parcel boundary. Habitat
identification consistent with the Florida Department of
Transportation Florida Land Use Cover and Forms Classification
System (FLUCFCS) shall be depicted on an aerial photograph having
a scale of one inch equal to at least 200 feet when available from the
County.
,,.-\
j
Such map has been created and included as Exhibit # 2
A;)enda Item No. 178
March 13, 2007
Page 75 of 107
Exhibit # 2 Vegetation / Habitat Inventory
This site was historically cleared and farmed. The town seems to have
been developed primarily on cleared agricultural fields. The 1940 aerial
show the farm fields. The 1953 aerial shows the town starting to take
shape on what was farm fields along SR 29. Several historical aerials have
been included as an exhibit.
Exhibit # 7 Historical Aerials
iii. Topographic map, and existing drainage patterns if applicable.
The existing drainage pattern is mostly natural sheet flow to the south. The
town of Copeland is inhabited primarily with mobile homes. Other than
primary and secondary structures and the roadway the area is pervious to
any storm event. The natural areas outside of the urban area of Copeland
have natural hydrological regimes. Lichen lines, algal matting and
adventitious rooting are evident in the wetland areas. The only man made
conveyances of storm water are swales and ditches along main roadways.
The main drainage canal is along the eastern side of SR 29.
A topographic map has been included as an exhibit.
Exhibit # 3 Topographic map
iv. Soils map
The site has the following soils.
# 31 H Hilolo limestone substratum, Jupiter and Margate soils
# 38 Urban Land Matlacha Limestone substratum Boca complex
# 50 H Ochopee FSL, Prairie (marl)
# 51 H Ochopee FSL
See hydric soils map and associated attachments Exhibit # 4 Soils
v_ Drainage plan
Not Applicable
vi. Development plan including phasing program, service area of
existing and proposed public facilities, and existing and proposed
transportation network in the impact area.
The transportation system and drainage infrastructure has already been
constructed. The town of Copeland is a well-established, historic
Agenda Item No. 178
March 13, 2007
Page 76 of 107
community. No new construction and/or phasing are proposed with this
petition.
Public facilities were somewhat of an issue. However, the town of
Copeland has resolved all outstanding issues in regards to public facilities.
Copeland is in agreement with the city of Everglades City for their water
and sewer. I have attached a copy of the resolution and the agreement for
public services.
Exhibit # 5
Exhibit # 6
Resolution of Public Services and
Public Water
vii. Site plan showing preserves on-site, and how they align with preserves
on adjoining and neighboring properties.
Not Applicable
viii. For properties in the RLSA or RFMU District, a site plan showing
the location of the site and land uses designations and overlays as
identified in the Growth Management Plan
Not Applicable
C
PROJECT DESCRIPTION AND GMP CONSISTENCY
DETERMINATION:
i.
Description of proposed project with respect to environmental and
water management issues.
Not Applicable
ii. Explain how the project is consistent with each of the Objectives and
Policies in the Conservation and Coastal Management Element of the
Growth Management Plan, where applicable.
This EIS is different in that there are no proposed impacts with this
petition. All impacts are existing and no impacts are proposed with this
submittal. This does not obviate individuals from obtaining any necessary
County, State and/or Federal permits for any land alteration and/or
development.
The project as proposed is consistent with Policies in Objective 6.1 and
6.2 of the Conservation Coastal Management Element, for the following
reasons:
D
Aaenda Item No. 178
~ March 13. 2007
Page 77 of 107
Policy 6.1.1: Where development occurs within the Area of Critical State
Concern (ACSC), the ACSC requirements referenced in the Future Land
Use Element shall apply. This petition does not exempt land owners from
complying with ACSC requirements.
Policies 6.1.8 & 7.1.2: This Environmental Impact Statement (EIS)
satisfies the requirement pursuant to Policy 6.1.8 A Listed species survey
in accordance with Policy 7.1.2 is included in EIS
NATIVE VEGETATION PRESERVATION
Identify the acreage and community type of all upland and wetland
habitats found on the project site, according to Florida Land Use
Cover and Forms Classification System (FLUCFCS). Provide a
description of each of the composition (canopy, midstory and ground
cover) and vegetation dominance (dominant, common and
occasional).
i.
The zoning overlay consists of approximately 94 acres. In addition to this
area the boundaries were greatly extended during this study. As such,
acreage figures were not calculated. However the entire area was
identified by habitat type. The following habitats were the most common
habitats.
FLUCFCS
111
172
186
422
427
437
510
520
617
618
621
641
740
742
743
832
1123
1758
8143
() 1 A A
01'+'+
HABITAT
Single Family Home
Church
Community Playground
Brazilian Pepper
Oaks
Australian pines
Canal/Ditch
Lake (man-made)
Mixed Wetland Hardwoods
Willow
Cypress
Freshwater Marsh
Disturbed Area
Borrow Pit
Spoil Material
Power Lines
Mixed Width Mobile homes
Park Service
Two lane highway
County Road
UPLAND/WETLAND
U
U
U
U
U
U
Other Surface Waters
Other Surface Waters
W
W
W
W
U
Other Surface Waters
U
U
U
U
U
Agenda Item No. 178
March 13, 2007
Page 78 of 107
8145
8146
8341
8343
Graded Road U
Trail (Primitive) W
Treatment Plant (abandoned) U
Aeration Pond Other Surface Waters
Exhibit # 2
Vegetation / Habitat Inventory
ii. Explain how the project meets or exceeds the native vegetation
preservation requirement in Goal 6 of the Conservation and Coastal
Management Element of the Growth Management Plan, and Division
Chapters 4 and 10. of the Land Development Code. Provide an exhibit
illustrating such. Include calculations identifying the acreage for
preservation and impact, per FLUCFCS category.
Policy 6.1.1 under Goal 6 of the GMP-CCME required development
within the ACSC to comply with the site alteration and other requirements
of the ACSC.
iii. For sites already cleared and in agricultural use, provide
documentation that the parcel(s) are in compliance with the 25-year
rezone limitation in Policy 6.1.5 of the Conservation and Coastal
Management Element of the Growth Management Plan and Chapter
4 and 10 of the Land Development Code. For site cleared prior to
January 2003, provide documentation that the parcel(s) are in
compliance with the 10-year rezone limitation previously identified in
the Growth Management Plan and Land Development Code.
This site was historically cleared and farmed. The town seems to have
been developed primarily on cleared agricultural fields. The 1940 aerial
shows the farm fields. The 1953 aerial shows the town starting to take
shape on what were farm fields along SR 29. Several historical aerials
have been included as an exhibit.
Exhibit # 7 Historical Aerials
iv. Have preserves or acreage requirements for preservation previously
been identified for the site during previous development order
approvals? If so, identify the location and acreage of these preserves,
and provide an explanation if they are different from what is
proposed.
Not Applicable
v.
For properties with Special Treatment (ST) overlays, show the St
overlay on the development plan and provide an explanation as to
why these areas are being impacted or preserved.
E
Agenda item No. 178
March 13, 2007
Page 79 of 107
The development of the Copeland community is a mix of single-family
and mobile home residential units. The community has identified
additional desired land uses and other development requirements, which
will better address unique characteristics of the Copeland community,
which are not allowed under current codes. The Collier County Board of
Commissioners has initiated this amendment in order to address unique
community issues arising in the urban area of the Copeland community,
and to rectify a situation where portions of developed properties are
partially zoned VR-ACSC/ST and CON-ACSC/ST.
The purpose of this submittal is to change the zoning overlay of Copeland
from CON-ACSC/ST to VR-ACSC/ST. This does not obviate individuals
from obtaining any necessary County, State and/or Federal permits for any
land alteration and/or development. Nothing herein shall exempt any land
use from complying with Area of Critical State Concern requirements.
The proposed Zoning Overlay for Copeland will exempt single-family
residences from the requirement of an EIS. However, any subdivision
and/or development plan may be required to submit an EIS for review by
Collier County.
This EIS has been prepared too serve as a baseline EIS and in support of
the proposed amendment change from CON-ACSC/ST to VR-ACSC/ST
and amend the official zoning atlas.
Exhibit # 8
Exhibit # 9
Labeled Existing Zoning and
Proposed Zoning Overlay and Amendment
WETLANDS
i.
Number of acres of Collier County jurisdictional wetlands according
to the Florida Land Use Cover and Forms Classification System
(FLUCFCS). Include a description of each of the FLUCFCS
categories identified on site by vegetation type (species), vegetation
composition (canopy, midstory and ground cover) and vegetation
dominance (dominant, common and occasional). Wetland
determinations are required to be verified by South Florida Water
Management District or Florida Department of Environmental
Protection, prior to submission to the County.
No impacts are proposed with this submittal. All habitats were identified.
In addition, SFWMD habitat maps are included as an exhibit. However,
jurisdictional determination by SFWMD is not applicable. This is a
change in the zoning overlay and not a development. This does not obviate
individuals from obtaining any necessary County, State and/or Federal
Agenda Item No. 17B
March 13, 2007
Page 80 of 107
permits for any land alteration and/or development.
Item # 2
Item # 10
Vegetation / Habitat Maps
SFWMD Land Cover Maps and National Wetland
Inventory Maps.
ii. Determine present seasonal high water levels and historical high
water levels by utilizing lichens lines or their biological indicators.
Indicate how the proposed project design improves/affects pre-
development hydroperiods resulting from the project. Provide a
narrative addressing the anticipated control elevation(s) for the site.
The proposed zoning overlay changes will not affect the existing
hydroperiod.
iii. Indicate the proposed percent of the defined wetlands to be impacted
and the effects of proposed impacts on the functions of the wetland
areas. Provide an exhibit showing the location of wetlands to be
impacted and those to be preserved on-site. Describe how impacts to
wetlands have been minimized.
Not Applicable
iv. Indicate how the project design shall compensate for the wetland
impacts pursuant to the Policies and Objectives in Goal 6 of the
Conservation and Coastal Management Element of the Growth
Management Plan. For sites in the RFNU District, provide an
assessment, based on the South Florida Water Management District's
Uniform Mitigation Assessment Method, that has been accepted by
either the South Florida Water Management District or the Florida
Department of environmental Protection. For site outside the RFMU
District, and where higher quality wetlands are being retained on-site,
provide justification based on the UMAM.
Not Applicable
F SURFACE AND GREOUND WATER MANAGEMENT
i. Provide an overall description of the proposed water management
system explaining how it works, the basis of design, historical
drainage flows, off-site flows coming in to the system and how they
will be incorporated in the system or passed around the system,
positive outfall availability, Wet season Water Table and Dry Season
Water Table, and how they were determined, and any other pertinent
information pertaining to the control of storm and ground water.
Aqenda Item No. 17B
~ March 13, 2007
Page 81 of 107
No impacts are proposed with this submittal. As such, the natural drainage
pattern will not be affected with this change in the zoning overlay.
ii. Provide an analysis of potential water quality impacts of the project
by evaluating water quality loadings expected from the project (post
development conditions considering the proposed land uses and
stormwater management controls) compared with water quality
loadings of the project area, as it exists in its pre-development
conditions. This analysis is required for projects impacting five (5) or
more acres of wetlands. The analysis shall be performed using
methodologies approved by Federal and State water quality agencies.
Not Applicable
iii. Identify any Wellfield Risk Management Special Treatment Overlay
Zones (WRM-ST) within the project area and provide an analysis for
how the project design avoids the most intensive land uses within the
most sensitive WRM-STs. Describe the measures that are proposed to
mitigate for impact to state and federal listed species.
Not Applicable
G
LISTED SPECIES
i.
Provide a plant and animal species survey to include at a minimum,
species of special status that are known to inhabit biological
communities similar to those existing on site and conducted in
accordance with the guidelines of the Florida Fish and 'Vildlife
Conservation Commission and US Fish and Wildlife Service. State
Actual survey times and dates, and provide a map showing the
location(s) of listed species identified on-site.
Such report was conducted and has been provided with this submittal.
Item # 11
Listed Species Survey
ii. Identify all listed species that are known to inhabit biological
communities similar to those existing on the site or that have been
directly observed on the site.
Black bears, Panthers, Fox squirrels and wading birds are known to
inhabit surrounding habitats. Copeland is located within the Fakahatchee
Strand State Preserve. This area is known to be inhabited by several
threatened and endangered species of both plants and vertebrates.
Agenda Item No. 178
March 13, 2007
Page 82 of 107
Several Listed Plants were identified in FLUCCS code 617 and 621. These
plants are identified in the FLUCCS Code/ Vegetation Inventory list.
A Listed Species Survey was conducted on site and noted several listed
species. All species identified all have been included in the Listed Species
Survey.
Item # 11
Listed Species Survey
iii. Indicate how the project design minimizes impacts on species of
special status. Describe the measures that are proposed as mitigation
for impacts to listed species
No listed species should be affected by changing the zoning overlay. This
does not obviate individuals from obtaining any necessary County, State
and/or Federal permits for any land alteration and/or development.
iv. Provide habitat management plans for each of the listed species
known to occur on the property. For sites with Bald eagle nests and/or
nest protection zones, Bald eagle management plans are required,
copies of which shall be included as exhibits attached to the PUD
documents, where applicable.
Not Applicable
v. Where applicable, include correspondence received from Florida Fish
and Wildlife Conservation Commission (FFWCC) and US fish and
Wildlife Service (USFWS), with regards to the project. Explain how
the concerns of these agencies have been meet.
Not Applicable
H
OTHER
i.
For multi-slip docking facilities with ten slips or more, and for all
marina facilities, show how the project is consistent with the Marina
Sitting and other criteria in the Manatee Protection Plan.
Not Applicable
ii. Include the results of any environmental assessments and/or audits of
the property. If applicable, provide a narrative of the cost and
measures needed to clean up the site.
No environmental audits have been conducted on this parcel. In addition,
Agenda Item No. 178
March 13. 2007
Page 83 of 107
clean up is not required. The community consists of individual property
owners.
Hi. For site located in the Big Cypress Area of Critical Concern-Special
Treatment (ACSC-ST) overlay district, show how the project is
consistent with the development standards and regulations established
for the ACSC-ST.
The purpose of this submittal is to change the zoning overlay of Copeland
from CON-ACSC/ST to VR-ACSC/ST. This does not obviate individuals
from obtaining any necessary County, State and/or Federal permits for any
land alteration and/or development. Nothing herein shall exempt any land
use from complying with Area of Critical State Concern requirements.
The proposed Zoning Overlay for Copeland will exempt single-family
residences from the requirement of an EIS. However, any subdivision
and/or development plan may be required to submit an EIS for review by
Collier County.
iv. Soil sampling or ground water monitoring reports and programs shall
be required for sites that occupy old farm fields, old golf courses or
are suspected of previously having contamination on site. The amount
of sampling and testing shall be determined by the Environmental
Services staff along with the Pollution Control Department and the
Florida Department of Environmental Protection
Not Applicable
v. Provide documentation from the Florida Master Site File, Florida
Department of State and any printed historic archaeological surveys
that have been conducted on the project area. Locate any known
historic or archaeological sites and the relationship to the proposed
project design. Demonstrate how the project design preserves the
historic/ archaeological integrity of the site.
No archaeological sites have been identified within this section. However,
there are some historical structures. A list of those structures has been
included.
Exhibit # 12 Historical/Archeological Resources
Agenda Item No. 178
March 13, 2007
Page 84 of 107
Item VI.B.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF JANUARY 11. 2007
I. NAME OF PETITIONER/PROJECT:
Petition No.:
Petition Name:
Applicant/Developer:
Rezone No. RZ-2005-AR-7445
Copeland Area Rezone
Collier County Community Development
and Environmental Services Division
Q. Grady Minor and Associates, P.A.
Collier Environmental Consultants, Inc.
PlanninglEngineering Consultant:
Environmental Consultant:
II. LOCATION:
The town of Copeland is located adjacent to State Road 29, approximately three
miles north of U.S. 41 in Section 12 & 13, Township 52 South, Range 29 East,
Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
Most of the land surrounding Copeland is owned by the State of Florida as part of
the Fakahatchee Strand State Preserve. Properties surrounding the area
encompassed by the Rezone include the following.
ZONING DESCRIPTION
N- CON-ACSC/ST Former Quarry
S- CON-ACSC/ST Undeveloped
E- VR-ACSC/ST Partly Developed
R.O.W. Jane's Scenic Drive
w- CON-ACSC/ST Undeveloped
IV. PROJECT DESCRIPTION:
The purpose for this rezoning petition is to bring the northwestern half of the
designated Urban Area of Copeland, as identified by the Future Land Use
Element (FLUE) of the Growth Management Plan (GMP) to the Village
EAC Meeting
Aqenda Item No. 17B
~ March 13. 2007
Page 85 of 107
Page 2 of7
Residential - Area of Critical State Concern/Special Treatment <4> (VR-
ACSC/ST <4>) zoning district. The Copeland area was originally developed as a
logging camp by the Collier Company in the 1890's. After the logging activities
had terminated a remnant of the residences remained, and through time additional
residences were developed in the Copeland area with a number of them being
mobile homes. The urban designated area of Copeland, as identified on the
Growth Management Plan's Future Land Use Map, has two separate zoning
district classifications: Village Residential (VR) and Conservation (CON). The
development of the Copeland area is a mix of single-family and mobile home
residential units. The existing zoning boundary lined between the two zoning
districts subdivide several of the existing lots in the community, creating
problems with obtaining building permits and confusion among the County and
individual property owners. It should be noted that mobile homes are not a
permitted use in the CON Zoning District but are permitted in the VR district.
The area that would be rezoned to the VR zoning classification would be limited
to a density of four units per acre.
The Copeland Civic Association has requested that this discrepancy be abated.
At the request of the Board of County Commissioners, the Operations Support
and Housing Department submitted this petition which would amend the zoning
map to con-ect this discrepancy, and limit the density to four residential units per
acre.
The community has also identified additional desired land uses and other unique
characteristics, which are not allowed under the current codes. A Land
Development Code (LDC) amendment for the Copeland area has been submitted
for consideration in the 2006 Cycle 1 LDC Amendments, which would create a
new Zoning Overlay that would provide uniformity in land use regulations within
the Copeland urban designated area. One of the characteristics of the overlay is
the prohibition of multi-family residential structures within the overlay area. The
EAC reviewed this Copeland Overlay at their June 14, 2006 regular meeting, and
recommended its unanimous approval. The Board of County Commissioners
approved the Copeland Overlay on December 7, 2006. The affective date will be
at the end of the December.
V. GROWTH MANAGEMENT PL<\;~ CONSISTENCY:
Future Land Use Element:
The subject property is designated Urban (Urban-Mixed Use District, Urban
Residential Subdistrict) as identified on the Future Land Use Map of the Growth
Management Plan and is within the Big Cypress Area of Critical State Concern.
Relevant to this petition, the Urban Residential Subdistrict permits residential
development (variety of unit types) at a base density of 4 dwelling units/acre.
EAC Meeting
Agenda Item No. 178
March 13, 2007
Page 86 of 107
Page 3 of7
Review of the Density Rating System deems this project is eligible for a base
density of 4 dwelling units/acre and no density bonuses are applicable.
Base Density
Density Bonus
Density Reduction
Total Eligible Density
4 dwelling units/acre
o
o
4 dwelling units/acre
The subject property is within the Area of Critical State Concern Overlay. The
Overlay is the same or similar to the ACSC regulations contained in Florida
Statutes and in the LDC's (Land Development Code) ACSC-ST Overlay. Certain
development restrictions apply, such as a limitation on the amount of site
alteration allowed, and all development orders approved within the ACSC are
rendered to, and subject to appeal by the Florida Department of Community
Affairs. Review for compliance with ACSC standards will occur at time of
subsequent development order submittals (plat, SDP, building permit, etc.).
FLUE Policy 5.4 provides that all new development must be compatible with the
surrounding land uses. Comprehensive Planning leaves the determination of
compatibility to Zoning and Land Development Review staff as part of their
review of the petition on its totality.
Based upon the above analysis, staff concludes the proposed uses and density for
the subject site can be deemed consistent with the Future Land Use Element.
Conservation & Coastal Mana2ement Element:
In accordance with Policy 6.1.1 of the Conservation & Coastal Management
Element, Area of Critical State Concern (ACSC) standards referenced in the
Future Land Use Element shall apply for all development in the ACSC. The
proposed Rezone will have no effect on the site alteration criteria/limitations for
the ACSC.
Pursuant to Policy 6.1.4, prohibited exotic vegetation shall be removed from all
new developments.
The requirement for an Environmental Impact Statement (EIS) pursuant to Policy
6.1.8 has been satisfied.
Jurisdictional wetlands have been identified as required by Policy 6.2.2. Pursuant
to Policy 6.2.4, the County shall require appropriate agency permits prior to the
issuance of a final local development order permitting site improvements.
EAC Meeting
Aaenda item No. 178
~ March 13, 2007
Page 87 of 107
Page 4 of7
A wildlife survey for listed species in accordance with Policy 7.1.2 is included in
the EIS. Wildlife habitat management plans for listed species are required at the
time of Site Development Plan submittal, for development other than single-
family residences.
VI. MAJOR ISSUES:
Environmental:
Site Description:
The town of Copeland was cleared and farmed historically as evident from the
1940 aerial included in the EIS. Several historic aerials are included in the EIS
documenting some of the development of Copeland. The town of Copeland is
clearly visible by the time the 1953 aerial photograph was taken.
The Copeland Zoning Overlay and adjacent surrounding area were mapped
according to habitat type (FLUCFCS Codes). Native habitats within the area
include: Mixed Wetland Hardwoods (FLUCFCS Code 617), Cypress (FLUCFCS
Code 621), Freshwater Marsh (FLUCFCS Code 641), Willow (FLUCFCS Code
618) and Oaks (FLUCFCS Code 427). Altered habitats occur mostly in the area
of the Copeland Zoning Overlay and along the major roadways in the area. Large
man-made lakes are also present at the north end of town, from the quarry that
existed in the area.
Preservation ReQuirements:
Site alteration within the Big Cypress Area of Critical State Concern Special
Treatment Overlay (ACSC/ST) is limited to ten percent of the total site size, and
installation of non-permeable surfaces may not exceed fifty (50) percent of any
such area. However, a minimum of 2,500 square feet may be altered on any
permitted site (4.02.14.C.l LDC, GMP-FLUE (V. Overlays and Special
Features), Chapter 28-25 F.A.C.).
No development is proposed with this Rezone. The Rezone does not exempt land
owners from complying with ACSC/ST requirements, including those for site
alteration.
Wetlands:
Jurisdictional wetlands were mapped by the environmental consultant for the
proj ect but were not verified by the South Florida Water Management District
(SFWMD), since no application for development is associated with this petition.
EAC Meeting
Agenda Item No. 178
March 13, 2007
Page 88 of 107
Page 50f7
During review of the EIS, it was found that several of the lots of record within the
Rezone and Copeland Zoning Overlay consist entirely or almost entirely of
wetlands (see jurisdictional wetland map with lot lines superimposed on it, in the
EIS). Elevations for the area are also provided on the LIDAR maps contained in
the EIS.
County regulations for the Big Cypress Area of Critical State Concern Special
Treatment Overlay (ACSC/ST) prohibit site alteration within jurisdictional
wetlands (4.02.14.C.1 LDC, GMP-FLUE (V. Overlays and Special Features)).
State regulations within the ACSC/ST prohibit impacts to mangroves and six
species of salt marsh grasses (Chapter 28-25 F.A.C.), but not to other
jurisdictional wetland vegetation (wetlands).
ACSC/ST regulations contained within the LDC and GMP-FLUE do not provide
flexibility with regards to this requirement, thus rendering parcels largely or
completely covered with jurisdictional wetlands, unbuildable. These lots are
unbui1dable whether the Rezone is approved or not.
Listed Species:
The project site is located in the south east portion of the Fakahatchee Strand
State Preserve, a preserve known to be inhabited by a number of listed plant and
animal species. Listed plants identified in the project area occur in Mixed
Wetland Hardwoods (FLUCFCS Code 617) and Cypress (FLUCFCS Code 621)
environments. These include several species of airplant (Tillandsia spp.), butterfly
orchid (Encvclia tampensis, royal palm (Roystonea regia) and royal fern
(Osmunda regalis). A list of listed plants known to occur in the Fakahatchee
Strand is also included in the EIS.
A list of the wildlife seen on-site is included in the EIS for the project. No listed
wildlife species was observed during the survey. Florida black bear and Florida
panther telemetry data is included in the EIS and both species are known to
inhabit the area.
VII. RECOMMENDA TIONS:
Staff recommends approval of Rezone No. RZ-2005-AR-7445 "Copeland Area
Rezone" .
EAC Meeting
Aaenda Item No. 178
~ March 13, 2007
Page 89 of 107
Page 60f7
PREP ARED BY:
STEPHEN LENBERGER DATE
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
MICHAEL DeRUNTZ, CFM DATE
PRINCIP AL PLA1\TNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
BARBARA S. BURGESON
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
WILLIAM D. LORENZ, Jr., P.E., DIRECTOR,
ENVIRONMENTAL SERVICES DEPARTMENT
DATE
EAC Meeting
Agenda Item No. 178
March 13, 2007
Page 90 of 107
Page 7 of7
MARJORIE STUDENT-STIRLING
ASSIST ANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
DATE
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR, DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
AR-7445 - Wildlife - Bear
Agenda Item No. 17B
March 13, 2007
D", 01 r.f 07
COIv1MERCIAL
RESI DENTIAL
Bear Nuisance 87.02
Bear- 86 - 98
... CC Bear Deaths 79 - 02
~ Existinq Zonin
Data Source: L1D.A.P & Parcels- Collier County Property Appraiser
V'./lIdlife - Ff'lNCC, NW' - USEP.A.
Created By GIS CDES! EnVIronmental Serv.lces
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AR-7445 - Wildlife - Panther
Agenda Item No. 178
March 13, 2007
D f 07
Panther 81 - 6105
+ Panther Deaths. 72-04-
COMMERCIAL C Existing Zoning
RESI DENTIAL
Data Source LlDAR & Parcels- Collier County Property Appraiser
Wildlife - FFWCC; NVVi - USEPA
Created By GIS CDES / Environmental Services
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Agenda Item No. 17B
March 13, 2007
Page 93 of 107
COPELAND AREA REZONING / OVERLAY ISSUES MEETING
WEDNESDAY, JULY 27, 20053:30 - 4:30 PM
UPDATED AUGUST 17,2006
ISSUES
. CONSERVATION (CON) ZONING DISTRICT
MINIMUM LOT AREA - 5 ACRES (SINGLE F AMIL Y RESIDENTIAL)
# OF EXISTING NON-CONFORMING LOTS = 23
# OF LOTS WITH DUAL ZONING = 13
# OF LOTS WITH NON-CONFORMING STRUCTURES = 11
# OF LOTS WITH SINGLE F AMIL Y RESIDENTIAL STRUCTURES = 7
# OF NON-CONFORMING LOTS WITH S.F. STRUCTURES = 2
. VILLAGE RESIDENTIAL (VR) ZONING DISTRICT
MINIMUM LOT AREA - S.F. RES. = 6,000 SQUARE FEET (.138 AC.)
- DUPLEX = 10,000 SQUARE FEET (.23 AC.)
- MULTI-FAM. = 43,560 SQUARE FEET (1 AC.)
# OF LOTS WITH ANAREA OF LESS THAN 6,000 SQUARE FEET IN THE
SUBJECT AREA TO BE REZONED = 0
# OF EXISTING NON-CONFORMING LOTS IN EXISTING VR ZONING
DISTRICT = 0
. AREA OF CRITICAL STATE ONCERN (ACSC) OVERLAY
SITE ALTERATIONS
o LIMIT TO 10% OF TOTAL SITE AREA & INSTALLATION OF NON-
PERMEABLE SURF ACES SHALL NOT EXEED 50% OF DISTURBED
AREA I MIN. 2,500 SQUARE FEET ON ANY PERMITTED SITE
o A PORTION OF THE DIVELOPMENT WAS DETERMINED "VESTED" I
EXCEPTION FROM F.S. CH. 380
o (2.2.24.4) MOBIL HOME SITES ARE NOT REQUIRED TO FILE A
PETITION FOR SITE ALTERATION PURSUANT TO SECTION 2.2.24.7
o (2.2.24.8) EXCEPTIONS FOR PUBLIC HEARING REQUIREMENTS
- 5 ACRES OR LESS I NO TRANSFER OF DEVELOPMENT
RIGHTS
- (9.03.03.B.4.) NON-CONFORMING RESIDENTIAL STRUCTURES
- RECOMMENDATION OF CCPCI APPROVAL BY BZA
. OVERLA Y
SURVEY QUESTIONS
o SMALL TOWN FEEL
o NEED POST OFFICE I RECREATIONAL FACILITIES
o VR ZONING DISTRICT
- NEED NEIGHBORHOOD COMMERCIAL USES
Page 1 of2
Agenda Item No. 17B
March 13, 2007
Page 94 of 107
(DAY CARE, HOUSE OF WORSHIP, COMMERCIAL CENTER,
RECREATIONAL FACILITIES)
- OUTDOOR STORAGE OF MAlOR COMMERCIAL OR
RECREATIONAL VEHICLES & EQUIPMENT
- KEEPING LIVE STOCK
- RESTRICTING MUL TI-F AMIL Y DWELLINGS
- ZONING STANDARDS TO REFLECT AS-BUILT CONDITIONS
- BUILDING HEIGHT CONPONENTS
- ARCHITECTURAL DESIGN STANDARDS
- SIGN STANDARDS FOR COMMERCIAL AREA
- PRIORITY: PERMITTED USES & SETBACKS
Page 2 of2
Aaenda Item No. 178
- March 13. 2007
Page 95 of 107
.178
2007
f107
Agenda Item No. 178
March 13. 2007
Page 97 of 107
Agenda Item No. 178
March 13, 2007
Page 98 of 107
REZONE FINDINGS
PETITION RZ-2005-AR-7445
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 and
policies of the Future Land Use Map and the elements of the Growth Management
Plan.
Pro: The subject property is located in the urban designated area of the county. The
proposed rezoning will affect 30 properties, of which 13 properties have dual zoning
classifications. Eleven of the lots have mobile home (non-conforming structures) on
them. The rezoning would alleviate the non-conforming status of these properties.
Con: Staff has concerns that the petition would facilitate the continued adverse impact on
the Big Cypress Area of Critical State Concern.
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.
2. The existing land use pattern;
Pro: The Aerial Map that is attached to the staff report show existing developed within
the Copeland area. The Future Land Use Map identifies the Copeland area as an Urban
Designated Area in the Growth Management Plan, and the petition is consistent with
Policy 5.1 of the Future Land Use Element by limiting the maximum number of
residential units to that designated in the urban area of four units per acre.
Con: The petitioner's proposes a greater residential density and broader range of land use
activities than those presently authorized in this environmentally sensitive area...
Findings: Staff believes that the petition furthers the intent of the "Urban" designation of
the GMP for the Copeland area
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: The zoning district classification proposed for the subject property is the same as
the majority of the adjacent properties to the east. It is also consistent with expected land
uses by virtue of its consistency with the FLUE of the GMP.
EXHIBIT "A"
RZ-2005-AR-7445 COPELAND REZONING
PAGE 1 OF 6
REZONING FINDINGS
Agenda Item hlo. 178
March 13, 2007
Page 99 of 107
Con: The existing large lots, limited development, and the existing Conservation zoning
districts on the north, west and southern boundaries of the subject property is contusive
the its present zoning classification.
Findings: The proposed petition is compatible with the adjoining residential land uses.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro: The existing boundaries for the original Village Residential (VR) zoning district
were probably established using an older United State Geologic Survey, which estimated
residential development an average distance off of State Route 29, and those remaining
areas were identified as Recreational and Open Space (RO). The later rezoning in 1991
of this area intended to change those area identified as RO to a Conservation (Con)
district classification.
Con: The existing boundaries were illogically drawn by not considering the actual land
use activities and the actual northern limits of the existing VR zoning District.
Findings: The proposed rezoning district boundaries are logically drawn to conform to
the limits of the urban designated area for Copeland.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: The National Flood Insurance Program (NFIP) and the County are becoming more
restrictive on any development that occurs in identified flood plains. The subject
property is in an AE-7 100 Year Flood Zone. In the event that any of the mobile homes
that are located in the subject property would be destroyed or substantially damage, these
non-conforming structures could be replaced if they were built to code or a variance was
approved by the Board of Appeals (LDC Section 9.03.03.B.4).
Con: The removal of the existing mobile home (non-conforming structures) in the CON-
ACSC/ST would bring the land uses into compliance with the existing zoning district
regulations, but would create a limitation to the options which the property owner would
have in replacing their residence.
Findings: The proposed rezoning petition is compatible with adjacent land uses and the
limitations imposed on all properties that are classified as ACSC/ST limits the extent of
development on any lot.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: The zoning change will improve living conditions by eliminating the non-
confom1ing status, and permit residents to obtain building permits for necessary
residential building improvements.
RZ-2005-AR-7445 COPELAND REZONING
PAGE 2 OF 6
REZONING FINDINGS
Agenda Item No. 178
March 13, 2007
Page 100 of 107
Con: The existing large lots, limited development, and the existing Conservation zoning
districts on the north, west and southern boundaries of the subject property is contusive
with the present zoning classification.
Findings: The proposed rezoning petition is compatible with adjacent land uses and the
limitations imposed on all properties that are classified as ACSC/ST limits the extent of
development on any lot.
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 proposed amendment limits the residential development to four units per acre,
which is consistent with the base density of urban designated areas.
Con: The proposed amendment could possibly increase the residential development
within the 94 acres of the subject property. Currently, an estimated 34 residential units
could be developed within the subject area (30 lots + 3 lots with over 10 acres (4
additional lots)) potentially generating 340 trips per day. The amendment would generate
an estimated 3,760 trips per day ((94 acres x 4 dwelling units per acre) x 10 trips per
day).
Findings: While there is a potential increase of 3,420 trips per day, a more realistic
traffic generation would be. much less due to the limitations that the ACSC/ST
regulations impose on the subject property.
8. Whether the proposed change will create a drainage problem;
Pro: The zoning action would not create a drainage problem. Any future development
within the subject area would be required to meet the storm water drainage regulations
for the ACSC/ST.
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. The subject property would be required to meet
the storm water drainage regulations for the ACSC/ST.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro/Con: Evaluation not applicable
RZ-2005-AR-7445 COPELAND REZONING
PAGE 3 OF 6
REZONING FINDINGS
Aaenda Item No. 178
~ March 13, 2007
Page 101 of 107
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 (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 have a positive affect on the property values based on the petitions
compatibility 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 mayor may not affect values since value detennination 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
Findinfls: 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 deterrence 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 prope11y 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.
RZ-2005-AR-7445 COPELAND REZONING
PAGE 4 OF 6
REZONING FINDINGS
Agenda Item No. 178
March 13, 2007
Page102of107
Con: The rezoning petition if granted will benefit those property owners within the
subject area by expanding the allowable uses permitted on the property.
Findings: The proposed rezone is consistent with the Growth Management Plan, which is
a public policy statement supporting zoning actions when they are consistent with said
plans. In light of this fact, the proposed rezoning would constitute a grant of special
privilege for the property owners of the 30 lots. 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: The property could continue to be used with the existing zoning. As non-
conforming structures are substantially damaged, the structures would need to be
removed or a variance to replace the non-conforming structure would be required through
the Board of Appeals. The process of bringing non-conforming uses into compliance
takes time, but the property owners have the right to continue their existing use of their
property so long as the use is expanded or increased. As the non-conforming uses and
structures are removed, the lots within the zoning district become more compatible.
Con: The subject property is zoned CON-ACSC/ST with 13 lots having a dual zoning of
VR-ACSC/ST. Within the subject property, 23 lots are non-conforming because they do
not meet the five acre minimum lot for a single-family residence and 11 of the lots have
non-conforming mobile homes residential structures on them. The zoning amendment
would abate these existing zoning district conflicts within the area of the subject property.
Findings: Staff believes that the proposed amendment would aid in creating greater
compatibility within the urban designated area of Copeland.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
Pro: The proposed Copeland rezoning petition brings the properties within the subject
area into closer compliance within the land use regulations of the LDC and the intent of
the urban designation of the GMP.
Con: The proposed zoning amendment could provide the opportunity for further
development within the subject property, and the additional development may have an
adverse impact on existing community and its limited infrastructure.
Findings: Staff believes that the proposed amendment would meet the needs of the
subject property by abating the non-conforming conditions and bring continuity and
stability within the Copeland community.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use?
RZ-2005-AR-7445 COPELAND REZONING
PAGE 5 OF 6
REZONING FINDINGS
Agenda Item No. 178
March 13. 2007
Page 103 of 107
Pro/Con: Evaluation not applicable
Findings: There are many sites 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 limited site alteration with the existing
or the proposed zoning due to the limitations imposed through the ACSC/ST Overlay.
Con: The subject property is within the Big Cypress ACSC/ST overlay area. This area
has been identified for its significant environmental qualities. Site alterations within this
Big Cypress ACSC/ST overlay area have the potential of impacting the balance of the
eco-system of this region of the State.
Findings: Staff believes that the existing ACSC/ST regulations would aid in limiting the
adverse impacts from the proposed land uses while allowing the property owners the use
of their 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.
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 detem1ined as part of the development approval process
RZ-2DD5-AR-7445 COPELAND REZONING
PAGE 6 OF 6
REZONING FINDINGS
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Agenda Item No. 178
March 13, 2007
Page 106 of 107
ORDINANCE NO. 07-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS, OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
SUBJECT PROPERTY LOCA TED IMMEDIATELY
NORTH AND WEST OF THE COPELAND
COMMUNITY WEST OF S.R. 29 AND JANES SCENIC
DRIVE IN SECTIONS 12 AND 13, TOWNSHIP 52
SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA, FROM THE CONSERVATION ZONING
DISTRICT WITH AN AREA OF CRITICAL STATE
CONCERN AND A SPECIAL TREA TMENT OVERLAY
(CON-ACSC/ST) TO THE VILLAGE RESIDENTIAL
ZONING DISTRICT WITH AN AREA OF CRITICAL
STATE CONCERN AND A SPECIAL TREATMENT
OVERLAY (VR-ACSC/ST) WHICH WOULD ALLOW
A MAXIMUM OF FOUR RESIDENTIAL UNITS PER
ACRE FOR THE CONTINUED USE OF SINGLE-
FAMILY HOMES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, D. Wayne Arnold, AICP, of Q Grady Minor and Associates, P.A.,
representing Denny Baker, Director of Financial Administration and Housing, of the
Community Development and Environmental Services Division, Collier County, Florida,
petitioned the Board of County Commissioners to change the zoning classification of the
subject real property, pursuant to Petition RZ-2005-AR-7445.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the subject real property as more particularly
described by Exhibit "A", attached hereto and incorporated by reference herein, and
located in Sections 12 and 13, Township 52 South, Range 29 East, Collier County,
Florida, is changed from the Conservation Zoning District with an Area of Critical State
Concern and a Special Treatment Overlay (CON-ACSC/ST) to the Village Residential
Zoning District with an Area of Critical State Concern and a Special Treatment Overlay
(VR-ACSC-ST) which would allow a maximum of four (4) residential dwelling units per
acre and for the continued uses of single-family homes. The appropriate zoning atlas
RZ-2005-AR-7445
Page I of2
Agenda Item No. 178
March 13, 2007
Page 107 of 107
map or maps, as described in Ordinance 2004-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly. The herein described real
property is the same for which the rezone is hereby approved.
SECTION TWO:
This Ordinance shall hecome 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
,2007.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES COLETTA, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form
and legal sufficiency
Marjorie M. Student- Stirling
Assistant County Attorney
Page 2 of2
RZ-2005-AR-7445
Page 2 of2