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Agenda 01/12/1999 R Clerk To The BoardRvl. Kenyon Admin/4th Floor FP CV 1N _., COLLIER COUNTY 3 BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, January 12, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. 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. 1. INVOCATION - Reverend Paul Jarrett, Naples Church of Christ 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. December 1, 1998 - Regular meeting. B. December 2, 1998 - LDC meeting. C. December 8, 1998 - Regular meeting. 1 January 12, 1999 A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Mr. Jim Weeks regarding the Collier County Land Development Code. 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Nancy Oehler, representing the Naples Philharmonic League, requesting a waiver of a Right-of-Way Permit fee for a Run/Walk Event held on November 21, 1998, within the Pelican Bay PUD, Collier County, Florida. 2) Pat Lewis representing First Assembly Ministries, requesting a waiver of a Temporary Use Permit fee for a Craft Fair Event held on November 13 and 14, 1998, at 2132 Shadowlawn Drive, Collier County, Florida. 3) Presentation to the Board of County Commissioners of the 1998 Annual Update and Inventory Report on Public Facilities (AUIR) as provided for in Section 3.15.6 of the Collier County Land Development Code. B. PUBLIC WORKS 1) Award a contract to Bonita Grande Sand Company for the production and stockpiling of beach compatible material associated with the Collier County A Incremental Beach Maintenance and Management Plan. 2) This item has been deleted. 3) CONTINUED FROM THE MEETING OF DECEMBER 15~ 1998 - Approve the Livingston Road Utility Facilities Reimbursement and Contribution Agreement. 4) CONTINUED INDEFINITEY: Authorize the Transportation Services Department to remove the non-warranted traffic signal at the intersection of Goodlette-Frank Road and Royal Poinciana Drive. C. PUBLIC SERVICES 1) A follow up report regarding an effort to establish a Municipal Service Taxing Unit (MSTU) for the construction and maintenance of a neighborhood park on Tract 179 located in Golden Gate. D. SUPPORT SERVICES 1) A Report to the Board on the Progress of Year 2000 Compliance. 2) CONTINUED FROM THE MEETING OF DECEMBER 15, 1998 - Authorization to Purchase a Digital Microvax 3100 Computer to Run the Water-Sewer Utility Billing Software and Database. E. COUNTY ADMINISTRATOR 3 January12,1999 _-- 1) Project assignments and priorities for the County Government Productivity Committee in 1999. F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Recommendation for the Board to consider a settlement proposal in Cruz v. Collier County, Case No. 98-0040-CA-01-TB, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida and give the Office of the County Attorney and the Risk Management Department direction in responding to this settlement proposal. B. Recommendation that the Board consider but reject settlement proposal from Plaintiff Robert P. Richman in the lawsuit styled Robert P. Richman v. Collier County, Case No. 97-419-CIV-FTM-23, now pending in the United States District Court for the Middle District of Florida, authorize settlement of the case in the amount of $27,500 and approve the representation of the individual defendants by the Office of the County Attorney. C. Recommendation for the Board to waive the Purchasing Policy and authorize the Office of the County Attorney and the Risk Management Department to seek and retain counsel for each of the county employees sued in Klingerman v. Collier County, Case No. 98-492-CIV-FTM-23D, now pending in the United States District Court for the Middle District of Florida and also give the Office of the County Attorney and Risk Management Department direction in responding to the Plaintiff's outstanding -"- settlement proposal. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the County Government Productivity Committee. B. Appointment of members to the Library Advisory Board. C. Review of the Four-Year Report of the Affordable Housing Commission D. Appointment of members to the Parks and Recreation Advisory Board. E. Appointment of members to the Lely Golf Estates Beautification Advisory Committee. F. Appointment of members to the Workforce Development Board, Region 24. G. Appointment of members to the Ochopee Fire Control District Advisory Committee. H. Appointment of members to the Isles of Capri Fire Control Dist. Advisory Committee. I. Status of the PGA audit (Commissioner Mac'Kie). J. Request for reconsideration of PUD-98-7 Wyndham Park denied by the Board of County Commissioners on December 8, 1998 pursuant to Section 2-42 of the Code of Laws and Ordinance, Collier County, Florida. "" 11. OTHER ITEMS 4 January 12, 1999 A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) CONTINUED INDEFINITELY. PUD-82-16 (1) Karen Bishop of PMS, Inc. of Naples, representing Henry Krehling, requesting an amendment of the Krehling Industries PUD for the purpose of adding commercial and light industrial development to the list of authorized uses, and reconfiguring the PUD Master Plan, for property generally located southeast of the intersection of U.S. 41 and Old U.S. 41, 'A mile east of U.S. 41 at the eastern terminus of Wiggins Pass Road, in Section 15, Township 48 South, Range 26 East, Collier County, Florida, consisting of 15.26 + acres. 2) CONTINUED TO THE MEETING OF FEBRUARY 9~ 1999. Petition PUD- 98-17 Blair A. Foley, P.E. of Coastal Engineering Consultants, Inc., representing James Gorman, requesting a rezone from "A' Rural Agriculture to "PUD" Planned Unit Development to be known as Whittenberg Estates PUD for a maximum of 114 single family and multi-family dwelling units on property located on the north side of Davis Boulevard (S.R. 84), east of Whittcn Drive, in Section 6, Township 50 South, Range 26 East, Collier County, Florida, consisting of 37 _+ acres. 3) Petition R-98-6, George Vega of Stanley, Zelman & Hanlon, P.A., representing Ursula Thompson, requesting a rezone from "RMF-6' to "C-2" for property at 2831 Becca Avenue, further described as Lots 45 through 50, Rebecca Weeks Subdivision, in Section 111, Township 50 South, Range 26 East, Collier County, Florida, consisting of 1.02 acres more or less. 4) Petition DOA-98-3, Donald W. Arnold of Wilson, Miller, Barton & Peek, Inc., representing John B. Goodman Limited Partnership, a Minnesota Limited Partnership, requesting an amendment to the "Bretonne Park" Planned Unit Development (PUD), for the purpose of eliminating commercial land uses on commercially designated tract and replacing those uses with an Assisted Living Facility (AL1D that includes a skilled nursing facility and other ancillary uses, increasing the building height, and providing development standards for the proposed ALF for property located at the northeast quadrant of Davis Boulevard (SR-84) and Embassy Woods Boulevard in Section 5, Township 50 South, Range 26 East, Collier County, Florida. C. OTHER 13. BOARD OF ZONING APPEALS 5 January l2, 1999 ~-. A, ADVERTISED PUBLIC HEARINGS 1) Petition V-98-17, Jerry Neal of Custom Dock and Repair, requesting a variance to construct a boathouse on a dock extending greater than 20 feet into the waterway for property located at 26 East Pelican Street, Naples, Florida, further described as Lot 23, Isles of Ca!~ri, Unit 1, in Section 5, Township 52, South, Range 26 East, Collier County, Florida- B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to al~prove the final plat of "Pebblebrooke Lakes Phase 3". 2) Request to al}l}rove for recording the final plat of Pelican Strand Replat - 6 and approval of the performance security. 3) Request to approve for recording the final illat of "Willow Park", and approval of the performance security. 4) Board apl~roval of agreement renewals for a I~eriod of one year with hydrological consultants and cleanup consultants. 5) Recommendation to al~prove attached Satisfaction of Lien for Public Nuisance Resolution 85-233 6) Recommendation to approve attached Satisfaction of Lien for Public Nuisance Resolution 98-149 7) Lien Resolutions - Code Enforcement Case Nos. 80415-035 - James Bruskay; 80415-037 ~ James Bruskay; 80429-038 - Brenda J. Gable; 80429-051 - Maurice R & Karen C. SIdffey; 80518-037 - JP & WF Fox 8) Lien Resolutions- Code Enforcement Case Nos. 80109-018 & 80109-019 - Leonard Wisniewski; 80323-060 - William B. Smith Jr. & Craig Morris; 80408-050 - Hubert Bird; 80528-046 - HNH Ventures; 80618-066 - Ram Ventures Inc. & Faccooneer Tile & Marble 9) Lien Resolutions- Code Enforcement Case Nos. 80424-053 - Clarence & Alexandra Abrams; 80506-034 - Bruce T. & EIsye K. Whitmer, 80507.018 ~ Robert J. & Leslie Fredrici~son; 80508-047 - Marlene & Casimiro Eguizabal 6 January 12, 1999 ~ 10) Lien Resolutions - Code Enforcement Case Nos. 60513-049 - Sylvia S. Miller; 70407-027 - Richard M. Menhad; 80313-065 - Julia Koestel; 80324-012 - Beulah Mae Coleman & Berthella Wilson; 80327-064 G.J. Byrne 11) Lien Resolutions - Code Enforcement case Nos. 80604-017 - Etzer Lalanne; 80604-018 - Daniel vonRabenaa, Trustee & Talcott Communication Corp. Pension Plan & Trust; 80605-021- Louis & Loretta Cambruzzi; 80608-032 - Dominguez Estate- Julio & John R Dominguez P/R; 80608-068- Noel M. Williams 12) Lien Resolutions - Code Enforcement Case Nos. 80511-011- Mabel M. & Victor Charles Albrecht; 80609-105 - Thomas & Lorraine Sanzalone; 80615-017 - Sunbre!la Homes Inc.; 80615-022 - Sunbre!la Homes; 80615-023 - Sunbre!!a Homes, Inc. 13) Lien Resolutions - Code Enforcement Case Nos. 80514-018 - Henry Crawford, 80514-033 Stratis & Antigone Koulouris; 80515-027 Jennifer S. Brandon, 80601-088 - E.B. Bassichis 14) Lien resolutions - Code Enforcement Case Nos. 80220-095 - Bobby Clay TR; 80225 -022 Dreamscape Homes Inc. & Paul Acosta; 80309-053 - Maybell Anderson; 80708-027 - Clarence & Alexandra Abrams 15) Lien Resolution - Code Enforcement case Nos. 71022-079 - Alberta J McLenon; 80626-010 - Andres & Felipa P. Galan, 80626-014 - Andres & Felipa Galan; 80626-015 - Andres & Felipa P. Galan; 80710-087 - Stuart O. Kaye TR 16) Authorize staff to submit a grant prol}osal to the U.S. Fish and Wildlife Service to assist in funding the printing and distribution of the Collier County Boaters Guide. 17) Lien Resolutions - Code Enforcement Case Nos. 80602-028 - William Fotre Jr. & Suzanne M. Fotre; 80604-050 - Marc D. Jacobson TR; 80618-064 - Ram Ventures Inc. c/o Faulconer Tile & Marble; 80619-002 - John J & Doris J. Petruzzi; 80702-065 - Kenneth A. & Roxanne L. F!aska 18) Request to al~prove for recording the final plat of "C.M.G. Plat" 19) To a!!prove a Budget Amendment to transfer funds from the CDBG Bullard Subdivision project (Habitat for Humanity) to the Shellabarger Park project. 20) To approve a $25,000 Budget Amendment from Fund 121, Reserves, to the CDBG Project Shellabarger Park for the purpose of constructing sidewalks. 21) The Board of County Commissioners authorize a 100% impact fee waiver of road, library system, parks and recreational facilities, emergency medical services system, water impact fees, sewer system impact fees and educational facilities system impact fees for one house to be built by Antonio D. Camallery in Naples Manor, Collier County, said impact fees to be paid from Affordable Housing Trust Fund, (Fund 191). ~-. 22) The Board of County Commissioners authorize a 50% waiver 50% deferral of road, library system, parks and recreational facilities, emergency medical services system, and educational facilities system impact fees for a three bedroom house to be built by Henry C. Nonhomme and Marie L. Alexandre in 7 January 12, 1999 .---. Golden Gate, Collier County, said impact fees to be paid from Affordable Housing Trust Fund (191). 23) The Board of County Commissioners authorize a 100% impact fee waiver of road, library system, parks and recreational facilities, emergency medical services system, water impact fees, sewer impact fees and educational facilities system impact fees for one house to be built by Homobono Lopez and Irene Lopez in Naples Manor, Collier County, said impact fees to be paid from Affordable Housing Trust Fund (191). 24) Waiver of road impact fees, library system impact fees, parks and recreational facility impact fees, emergency medical services impact fees, water system impact fees, sewer system impact fees, and educational facility system impact fees for three (3) single family houses to be built by Habitat for Humanity of Collier County, Inc. in Naples Manor and to fund said waivers from Affordable Housing Trust Fund, Fund 191. 25) The Board of County Commissioners sign the partial Release of Lien to correct a scrivener's error removing the lien against a portion of Tract 123, Golden Gate Estates, Unit No. 18. 26) Request to approve for recording the final plat of "Pelican Marsh Unit Twenty- Two" and approval of the performance security. B. PUBLIC WORKS A 1) Approval of a Declaration of Easement from Collier County for the Vanderbilt Beach Road Four Laning Project (Hammock Oak Drive to Airport-Pulling Road). 2) This item has been deleted. 3) This item has been deleted. 4) Reject Bids received under Bid Invitation//98-2881. 5) Approve an Alternate Road Impact Fee for the Heritage Greens Golf and Country Club based on a site-specific computation and authorize the refund of prior overpayment. 6) Award Bid #98-2860 for Underground Sul~plies. 7) Approve a Budget Amendment to recognize carry-forward in Fund 414. 8) Accept Two Grant Agreements from the South Florida Water Management District (SFWMD) in the total amount of $400,000. 9) Recommendation to Award Bid #98-2878 for Emergency and Scheduled Selvage Hauling. 10) Approve Amendment Six (6) to Professional Services Agreement with Metcalf I---. and Eddy, Inc., for the North County Regional Water Treatment Plant 8-MGD expansion, Contract #95-2323, Project 70859/70828. 8 January 12, 1999 ~ 11) Approve Change Order 12 related to the North County Regional Water Treatment Plant Expansion, Bid 97-2690R, Project 70828/70859. C. PUBLIC SERVICES 1) Approval of a time extension for the Park Impact Fee Study Agreement. 2) A recommendation to the Board of County Commissioners to award the development and design contract for the North Regional Library to the architectural firm of Barnay, Schmitt, Weaver and Partners, Inc., and further that the Board approve a budget amendment dedicating the resources to fund said contract. Authorization for the Chairman to sign a Recommendation For Reappointment of Dr. Marta U. Coburn as the District 20 Medical Examiner. D. SUPPORT SERVICES 1) Recommendation to Award Bid No. 98-2879 for On-Call Electrical Repairs and New Installation. 2) Approve a Resolution Authorizing the Chairman of the Board of County Commissioners to Execute Limited Use License for the 1999 Calendar Year. 3) Approve the Three (3) Resolutions Authorizing the Board of County Commissioners' Chairman to Execute the Appropriate Documentation '~ Required to Expedite the County's Land Rights Acquisition Program for the Calendar Year 1999 Chairman's Tenure Only. 4) Approval to Award Bid #98-2895 to Multiple HVAC Contractors for HVAC Equipment Repair and Maintenance. 5) Approval to Award Bid #98-2897 to Wayne Wiles Carpet for Purchase and Installation of Carllet Tiles. 6) Authorize the Cancellation of RFP #98-2825 "Time and Attendance Software/Hardware Application." 7) Rejection of Bid #98-2876, Purchase of Protective Footwear, and Request to Utilize Dade County Bid #1802-2/99-1 Awarding a Bid to Lehigh Safety Shoes, Inc. 8) Approval of Sun Life of Canada as the County's Basic Group Term Life Insurance Company. 9) Approval of a Resolution Authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to Execute deeds and Agreements for Deed to Right of Interment for the Purchase of Burial Lots at Lake Trafford Memorial Gardens Cemetery, for the 1999 Calendar Year. 10) Approval of a Resolution Authorizing the Execution of Purchase Agreements ~ and Statutory Deeds for the G.A.C. Land Sales Trust Conveyed to Collier County by Avatar Properties Inc. (Agreement Dated November 15, 1983) by the Chairman of the Board for the 1999 Calendar Year. 9 January 12, 1999 ~ 11) Recommendation to Amend NOAA Weather Radio Transmitter Agreement. 12) Award of Contract for Construction Manager at Risk for the Construction of the 4th Floor of the Courthouse and the Immokalee and Naples Jail Facilities, RFP #98-2829. 13) Award of Contract for Architectural Services for the Design of the 4~a Floor of the Courthouse and the Immokalee and Naples Jail Facilities, RFP #98-2867. 14) Authorization to Enter into a Contract for Program Modifications to the Cash Interface Software for Utility Billing. 15) Approval of Modifications to the 800 MHz Radio System Infrastructure. E. COUNTY ADMINISTRATOR 1) Approval of Budget Amendments. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed H. OTHER CONSTITUTIONAL OFFICERS ""' 1) To seek Board endorsement for the Collier County Sheriff's Office grant application for continuation funding from the State of Florida STOP Violence Against Women Grants Program. I. COUNTY ATTORNEY 1) Recommendation for the Board of County Commissioners to consider and approve a proposed Settlement Agreement and Mutual Release regarding Pena v. Board of County Commissioners as the Governing Body of Collier County, Florida and as Ex-Of~cio the Governing Board of the Collier County Water-Sewer District, Case No. 94-3944-CA-01-HDH, now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida. 2) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment to the easement acquisition on parcel no. 148 in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 1 flh day of May, 1991, et al., Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). 3) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on parcel no. 150 in the !a~vsuit entitled Collier County v. Ronald G. Bender, Trustees Under That Certain Declaration of Trust Dated the 17'~ Day of May, 1991, et aL, Case A No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). 10 January 12, 1999 4) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on parcel no. 151 in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17'h Day of May, 1991, et aL, Case No. 93-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). 5) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on parcel no. 152 in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17th Day of May, 1991, et aL, Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). 6) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on parcel nos. 158 and 858 in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17'~ Day of May, 1991, et al, Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road). J. AIRPORT AUTHORITY 1) Authorize the County Attorney to draft an ordinance to amend the Airport Authority Ordinance to eliminate the number of times a member of the Airport Authority may be re-appointed; authorize the Airport Authority to advertise the ordinance for public hearing before the Board. 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. A. Petition CU-98-17, Dwight Nadeau, AICP, of McAnly Engineering & Design, Inc., representing Everglades Golf Corporation, requesting Conditional Use "17" of the "A" zoning district for a golf course and related uses, for property located at the eastern terminus of Vanderbilt Beach Road Extension, immediately north of the Cypress Canal, one and one half miles east of CR 951, consisting of 261 +/- acres, in Section 36, Township 48 South, Range 26 East, Collier County, Florida. B. Petition CU-98-20, Donald A. Picl~worth, P.A., representing Naples Golf Partners, requesting Conditional Use "17" of the "A' zoning district for a golf course and related uses, for prol}erty located to the north of Tamiami Trail East (US 41) and along both sides of East Hamilton Road, consisting of 82.48 +/- acres, in Section 17, Township 51 South, Range 27 East, Collier County, Florida. C. THIS ITEM HAS BEEN DELETED D. Petition PUD-98-15, William Hoover of Hoover Planning, representing John Mauriel, Trustee, requesting a rezone from its current zoning classification of "A" Agricultural 11 January 12, 1999 to "PUD' Planned Unit Development to be known as Mauriel PUD. The subject property is located on the east side of C. IL 951 approximately 700 feet north of Vanderbiit Beach Road Extension consisting of 38.99 acres. E. Petition CU-98-21 Bruce J. Siciliano, AICP, of Agnoli, Barber & Brundage, Inc., representing North Naples Baptist Church, requesting Conditional Use "1' of the "E' zoning district for a church expansion for property located on the west side of Oakes Boulevard between Vanderbilt Beach Road and Immokalee Road further described as Tract 7, Golden Gate Estates Unit 97, in Section 29, Township 48 South, Range 26 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 12 January 12, 1999 P~OCLAI~fA TZON WHEREAS. in a very short time. thousands of our very beautiful feathered friends, the Purple Martins, will return from their winter home in t~rozil.' and. W/4~ReAS. these birds will be searching for suitable housing to enable thet~ nest and rear their young.' wHeneRa. the Florida Legislature has des~na~ed Collier Coun~ the PURPLe ~A~ ~M CAPTTAL OF FLO~DA.' and. w eneAs. the "conservancy Purple ~arfin socie~" is desirous of urpin9 public to erec~ proper housin9 for ~hese ve~ valuable winged creatures by placin9 said houses on lheir proper~; w eneAa. during ~he Conser~n~ Purple ~o how valuable ~hese and mosquito NOW ,f I999 be ; Conservoncy valuable and them. bONe ANb COLL_TER COUNTY. FLORIDA BARBARA B. BERRY, CHAzRMAN A TTE5 7:.. ' b WZ6HT e.. 9nOCK, CLERK AGENDA ITEM No.._5'/~- t JAN 12 1999 PROCLAIMA TION WHEREAS, boating is a major recreational oc~,vify of Collier Count)4' and, boating is enjoyed by citizens of oH ages,' and, WHEREAS, bootin9 is participated in by residents and visitors alike,' and, WHEREAS, boating is deserving of the attention of safety on the water,' and, WHEREAS, boating is enhanced by the practice of safety on the water,' and, WHEREAS, boating in WHEREAS, it education by NOW ,f to familiar with safe in the waters DONE AND ORDERED THIS I2th 1999. BOARD OF COUNTY COA4Mj'SSj'ONERS COLLIER COUNTY, FL OR_TDA BARBARA B. BERRY, CHA]:RMAN A TTE5 T: DWIGHT E BROCK, CLERK AGENDA ITEM JAN 12 1999 Pg. I . P~OCLAA~A TZON WHEREAS, the Congress of the United States of America has designated the birthday of br. Adortin Luther King, ~. os o notional holiday,' and,. WHEREAS, the President of the United 5totes signed leg/slat/on authorizing Dr. Kin9~ birthday os o notional holiday with observances to commence on Zanuary l~~ of 1999,' and, WflEREAa, br. ~ort/n Luther King, Zr. received notional and international recognition for his stirring struggle against injustice and his [eodership in espousing brotherhoo~ self-discipline, and non- yiole~ce,' arid, W~E~EAa, the Collier County Branch of the Not/anal Association for the Adyoncement o (NAACP) will hold a commemorative celebration the traditional Freedom . honoring his l/felon9 BARBARA B. BERRY, CHAZRAAAN A TTE5 D I4/'IGHT E BROCK, CLERK JAN 12 1999 pg,. I EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE DAVID WEEKS, SENIOR PLANNER, PLANNING SERVICES DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR JANUARY, '1999. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County· CONSIDERATIONS: David Weeks has been employed with Collier County since 1985. As a valuable, long term employee, David has performed a vital role in several high profile projects including the density study and the open space map. David was responsible for the compiling of data necessary for the density reduction presentations to the Board of County Commissioners. Recently, David represented the Planning Services Department at an ADG presentation where he provided information to the group on the land use aspects of Collier County. As evidenced by the many complimentary letters received and his excellent customer service skills, David Weeks was chosen as Employee of the Month for January 1999. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the Department Budget Cost Center 111-138317. RECOMMENDATION: That David Weeks, Senior Planner, Planning Services Department, be recognized as the "Employee of the Month" for January, 1999. PREPARED BY: --- ~ b~/,,,~~ DATE: I / L~ l ~ (~ Mary-,] ~~ecretary 'Phil Ttnd'all "' Assistant to the County Administrator County Administrator's Office AGENDA iTEM "" COLLmR COUNTY ADMINISTRATOR'S OFFICE 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 774-8383 FAX (941) 774-4010 December 11, 1998 A CERTIFIED BLUE CHIP COMMUNITY Mr. Jim weeks 33 11 14~h Avenue N. E. Naples, Florida 34120 Re: Request for Public Petition - Land Development Code Dear Mr. Weeks: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 12, 1999 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 Administration 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. Very;ruly yours, County Administrator RFF/bp cc: County Attorney J?:"~t2 i:' .'! ACTZ~: December 7, 1998 I~0: FILE: Jim Weeks ,~AFF FILE: BY: ., 3311 14th Ave. N.E. Naples, FL 34120 Robert Fernandez County Manager 3301 East Tamiami Trail Administration Bldg. Naples, FL 34112 Robert Fernandez, County Manager: I am a property owner of Collier County and I would like to be placed on agenda for the Jan. 12th Board of County Commisioners meeting. I would like to petition the BCC concerning an existing part of the Land Developement Code which I feel to be unfair and hypocritical on the part of Developement Services.,-An official at Developement Services told me that petitioning the commissioners was my only option in this matter. Please respond and let me know if I will be placed on agenda for the Jan. 12, 1999 meeting. /~im Weeks 3311 14th Ave. N.E. Naples, FL 34120 (941) 352-7160 EXECUTIVE SUMMARY NANCY OEHLER, REPRESENTING THE NAPLES PHILHARMONIC LEAGUE, REQUESTING A WAIVER OF A RIGHT-OF-WAY PERMIT FEE FOR A RUN/WALK EVENT HELD ON NOVEMBER 21, 1998, WITHIN THE PELICAN BAY PUD, COLLIER COUNTY, FLORIDA. OBJECTIVE: The Petitioner requests a waiver of the required application fee for a Right-of-Way Permit. The permit is for the "With Bells On Your Toes" Fun Run/Walk Event held November 21, 1998 on Ridgewood Drive and Pelican Bay Boulevard. CONSIDERATIONS: The event raised money for the Naples Philharmonic Orchestra and its youth music education programs, and the Petitioner requests the fee waiver on that basis. The required application fee for a Right-of-Way Permit is $125. The Petitioner wishes to waive the fee for this permit for this annual event for a three year period, ending with the event in December 2000. FISCAL IMPACT: Revenues for Fund 113 (Community Development Enterprise Fund) are generated from fees established in the Schedule of Development Review and Building Permit Fees. It is a Board policy that requests for waiver of such fees be granted only by the Board. The term waiver is a bit of a misnomer in that, should a waiver be granted, it is necessary to transfer the funds from the General Fund Reserves (001) to the Community Development Enterprise Fund (113). Based on staff research, the average annual fiscal impact resulting from these types of fee waivers is $2,200.00 per year. JAN I 2 1999 I----- GROWTH MANAGEMENT IMPACT: A policy decision made by the Board with respect to Temporary Use Permit fee waivers will have no impact on the Collier County Growth Management Plan. RECOMMENDATION: Fee waiver applications may only be approved by the Collier County Board of County Commissioners. Since fee waivers are requested by a wide variety of individuals and organizations, for various reasons, it is necessary for the Board to evaluate the conditions and reasons which underlie the fee waiver application on a case by case basis. Therefore staff can only recommend denial for fee waiver requests. PREPARED BY: FRED. REISCHL DATE SENIOR PLANNER j~LD'F. NINO, ~,~O'P(' ~ .c DATE CURRENT PLANNING MANAGER ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR -- VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR EXECUTIVE SUMMARY/FEE WAIVER JAN 1 1999 2 Festival of Trees NAPLES PHILHARMONIC LEAGUE 5833 Pelican Ba~' Bo,lcvard ,t NLaplrs, Hotida 3410,~~ November 20, 1998 Mr. Robert Mulhere, AICP Director, Planning Services Department Community Development and Environmental Services Division 2800 North Horseshoe Dr. Naples, FL 34104 Dear Mr. Mulhere, I would like to request a fee waiver for the Right of Way permit which was granted to us for the Fun Run/Walk event "With Bells on Your Toes". The event is part of the Festival of Trees, an annual event put on by the Naples Philharmonic League to raise funds for the Naples Philharmonic Orchestra and its youth music education programs. The 5K Fun Run/Walk takes place in Pelican Bay on November 21, 1998 at 7:30 am. The starting point is at Ridgewood Dr., proceeding up Pelican Bay Boulevard to the San Raphael (approximately 1/.2 mile north of Gulf Park Blvd.), and then back down Pelican Bay Boulevard to the Philharmonic Center for the Arts. As part of the permit application, we do have confirmation from the Sheriffs department that they will provide adequate traffic control. We would like to request that the fee waiver be in effect through the year 2000. If you need fu~her information, please contact me at 597-0674. Thank you for your consideration. Sincerely, /.. / . Nancy Oehler Chairman, "With Bells on Your Toes" JAN ! 2 1999 prcscntcd t, bent:fit '/7st' Naples Philhgrmonic orchestra PERMIT TO PERFORM WORK AND/OR MAINTENANCE IN PUBLIC RIGHT-OF-WAY IN COLLIER COUNTY, FLORIDA DEVELOPMENT SERVICES DEPARTMENT DATE RECEIVED } / ' ~ c7' ' ?'Z PERMIT FEE PAID Approval is hereby requested by'~'\t' ~"~'!:'t.G!,'t'9i ~i\~[~\C!t{v~OrX'~' L Tract/Lot No. Block Unit ~ Subdivision . ~ - ~ Sec. ; Twp. S.; Rge. E. Z The work herein described and pe n~tte, d is to be commenced on or about ("~, Ci. C'x~ H and completed approximately ~J ~vv\ ~X~O/C ~V.dz~.~F'~.d F/l~xpiration Date ~.(~ '-' ,,~ .- ,, r,""' NOTES: Owner/Agentl'~C(l '~'{ I~, LU 1. Work shall be performed in accordance with approved Address ~J ~5' ' ~ q- plan, Conditions of Permit appearing on reverse side, F-. stipulations specified as part of this permit and in ~,,~),ij[ ~,c_, ~' accordance with Collier County Ordinance #93-64 and ~' Telephone a. Handbook," latest edition. "' 2. Applicant declares that prior to ~lin~ this application LU he has ascertained the location of all existin~ utilities. I a~ree to conduct all work in accordance with County Ordinance m both aerial and underground. 93-64 and all'applicable COullty and State Codes and Laws. c~ 3. This permit is contingent upon Permittee obtaining_ ,, ,-) 5 necessary rights of entry for construction and / /i ~ ' ,' 3'~ I-- maintenance where required right-of-w~y for public use ' ' / " ~ has not been dedicated and accepled by Collier County. AUTHORIZED SIGNATURE FOR PERMITTEE Ua 4. If the application is made by any l~rson or firm o~her I:1. than the owner of the property involved, a w'rilten con- ~ APPROVED: -- sent from the property owner shall be required prior to 'v' processing of the application. 5. "Development Services Department approval does not DEV.ELOPMENT SERVI,TES DEPARTMENT the proposed work." "' i;j . DATE / / ' /'7' 7'; ' REMARKS: "~ iZ' ./!-rT' / -_. --- ,d7-,.2;,,'~-'i ,? MISCELLANEOUS COPY .... JAN 12 1999 pg._ /'/ Telephone (AC 941) 774-4434 November 17, 1998 Ms. Nancy Oehler Philharmonic Pelican Bay Boulevard Naples, Florida 34108 Dear Ms. Oehler: This is to acknowledge your plans for a 5K Run Event on November 21, 1998. The event will be from 0730 am thru 0930 am and will be within Pelican Bay Community. The Collier County Sheriff's Office will provide two deputies for traffic control. Sincerely, Lt_ Karen Strickland District Com~der, Noah Naples (941) 597-1607 Ks/jgm C:\OFFICE',W'PWII~W'PDOCgCORP,.ESPO\THNKYOU2.LTR EXECUTIVE SUMMARY PAT LEWIS REPRESENTING FIRST ASSEMBLY MINISTRIES, REQUESTING A WAIVER OF A TEMPORARY USE PERMIT FEE FOR A CRAFT FAIR EVENT HELD ON NOVEMBER 13 AND 14, 1998, AT 2132 SHADOWLAWN DRIVE, COLLIER COUNTY, FLORIDA. OBJECTIVE: The Petitioner requests a waiver of the required application fee for a Temporary Use Permit. The permit is for a craft fair event held on November 13 and 14, 1998, at First Assembly of God located at 2132 Shadowlawn Drive. CONSIDERATIONS: First Assembly of God used the proceeds from this event towards the construction of the future 951 Assembly Center, a non-profit organization, and to benefit the First Assembly of God church located at 2132 Shadowlawn Drive and requests the fee waiver on that basis. The required application fee for a temporary use permit is $75. The Petitioner requests to waive the fee for this event. FISCAL IMPACT: Revenues for Fund 113 ( Community Development Enterprise Fund) are generated from fees established in the Schedule of Development Review and Building Permit Fees. It is a Board policy that requests for waiver of such fees be granted only by the Board. The term waiver is a bit of a misnomer in that, should a waiver be granted, it is necessary to transfer the funds from the General Fund Reserves (001) to the Community Development Enterprise Fund (113). Based on staff research, the average annual fiscal impact resulting from these types of fee waivers is $2,200.00 per year. GROVVTH MANAGEMENT IMPACT: A policy decision made by the Board with respect to Temporary Use Permit fee Waiv~A~ · ~ will have no impact on the Collier County Growth Management Plan. No. ~ JAN 12 1999 RECOMMENDATION: Fee waiver applications may only be approved by the Collier County Board of County Commissioners. Since fee waivers are requested by a wide variety of individuals and organizations, for various reasons, it is necessary for the Board to evaluate the conditions and reasons which underlie the fee waiver application on a case by case basis. Therefore staff can only recommend denial for fee waiver requests. PREPARED BY: / / REVIEWE! ~Y: /-- I~ONACD~F. NINO, AIGP DATE CURRENT PLANNING MANAGER PLANNING SERVICES DIRECTOR APPROVED BY: VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR EXECUTIVE SUMMARY/FEE WAIVER JAN I 2 1999 2 Pg. ~ COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMZENT AND 2800 NORTH HORSESHOE DRIVE ENVIRONMENTAL SERVICES DIVISION NAPLES, FL 34 104 CURRENT PLANNING Ms. Pat Lewis and Ms. Rebecca Mallory 2132 Shadowlawn Drive Naples, FL 34112 RE: Petition for Fee Waiver Dear Ms. Lewis and Ms. Mallory Please be advised the referenced petition has been scheduled for the Board of County Commissioners meeting of January 12,h. 1999. The meeting begins at 9:00 AM and is held in the Commission Meeting Room. third floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, FL 34112. Cheryl L. Soter Planning Technician II cc: file Building Review &Penn irting (941 ) 403-2400 Natural Resources (941 ) 732-2505 Code Enforcement (941 ) 403-2440 Planning Services ~~) Housing &Urban Improvement (941 ) 403-2330 Pollution Control JAN 12 1999_... Pa. _'-~ J / "' .,Z' ~,. '- -I- "" - -' " . . , ,,":, :T'" ' :{4..,--/,-: ,.- . ~... .-~ /.,.t.' ,-- ---, ~-.'9 /' ZX'At.-:. <i-. :..,_,. ,_4 'C.: ,~ ..,.~i..~'~"""~ ~ , ~'::~2 JAN J- ~ 1999 ~ FIRST ASSEMBLY MINISTRIES (,ofiin,~ ('olth'r Count~' to ( iL,'nt thFough the~ (h't?~;t Commission J. David Mallory, Sr. Paslor I 2132 Shadowlawn Drive I Naples, Florida 34]]2 I 941-774-1165 I Fax~-774-~889 " Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Payment Slip Nbr 101900 10/28/1998 4:26:47 PM 10/29/1998 MS 44451 FIRST ASSEMBLY OF GOD 2132 SHADOWLAWN DR. Payor: FIRST ASSEMBLY Fee Information Fee Code Description GL Account Amount Waived 11TUSE SPECIAL EVENTS TEMPORARY USE 11313890034394000000 $75.00 Total $75.00 Payments Payment Code Account/Check Number Amount CHECK 5235 $75.00 Total Cash $0.00 Total Non-Cash $75.00 Total Paid $75.00 Memo: TEMP USE #98-579 Cashier/location: FROLOFF E / 1 User: SOTER C Collier County Board of County Commissioners Printed: 8 72 : : CD-Plus for Windows 95/NT COLLIER COUNTY TEMPORARY USE PERMIT 980579 TU- SPECIAL EVENT [] Temporary Sales Eg--TEmporary Sports, Religious, or Community Event [] Sign Only [] Temporary Seasonal Sales: r'lChristmas Trees; [] Fireworks; [] Pumpkins Shopping Center: Event Dates: This permitis efectivefrom_J././/_B/q.__.~to////t-//~ Name: Address: Phone: Name: Address:~2/~,2 Phone: JAN 1 g 1999 Attach a site plan which depicts: · property boundaries · external roads · access points · parking (improved & unimproved to be used by vehicles during event) · buildings · proposed sign locations SITE INFORMATION Present Use: [] undeveloped L~ l [] developed; type of business ~ t,b' (.2- .r,~. Parking: [] undeveloped; site plan indicates designated parking areas [] developed; site plan indicates a maximum of 10% of the parking area occupied by the special event Banner or Sign: Collier County Land Development Code Section 2.6.33.6.2 allows one temporary sign or banner in conjunction with a temporary use permit (2 signs are allowed for properties with more than 1 street frontage). MAXIMUM SIZE = 32 square feet. WIND SIGNS (includin~T balloons, streamers, rotatinq devices and unofficial ~aqs) ARE PROHIBITED. Traffic Safety: Authorization from the Collier County Sherif~s office may be required for certain events. [] undeveloped: propo,E ed access points are shown on the site plan [] developed; access points existing Exterior Lighting: ~sting [] additional lighting indicated on site plan Noise: []]'music/noise ?t::neti ore. l;t' /'/:"'/7 Alcoholic Beverages: ~holic beverages will not be sold or consumed * [] a copy of the Flodda Beverage Commission permit is attac led Pg._ Restrooms: I~existing facilities will be available [] portable facilities are si',own on the site plan Security Guard: E~security will be provided [] security will not be provided Other Requirements: By acceptance of this permit, the app!icant agrees to defend, hold harmless and inc~emnify Collier County and its agents from any and all liability which may arise as a result of the issuance of this permit and agrees to conform with applicable provisions of the Collier County L d D velopment Code. I, ~-~-¢'~'~'¢Z_(~,,, ~r~'L)(' I ' , property ow er or property manager of the described herein during the time pe~ './7ndi~te~. I~ rstan Development Code Section 2.6.33.( ' ~ts a total of 28days per calendar year (up to 14 ~on~cu~ve days) for special ever, · this prope~. Prope~ Ow~WM ~er 'Da~ Approval: Planner,, 'Date This permit does not constitute approvals which may also be necessa~ under other Io~1, state and federal regulations including, but not limited to fight-of-way petit, building petit, F~, FCC, fire distr:~t, & DEE ~is TU petit is issued pumuant to info~ation provided by the appli~nt. TU permit fee: $75 Checks payable to: Board of County Commissioners - COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES '2800 North Horseshoe Ddve Naples, FL 34104 941-403-2400 JAN ! 2 B99 3 Pn ~ First Assembly Campus - Site Plan -"'- EXECUTIVE SUMMARY PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS OF THE 1998 ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES (AUIR) AS PROVIDED FOR IN SECTION 3.15.6 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE OBJECTIVE: To request that the Board of County Commissioners review the 1998 Annual Update and Inventory Report on Public Facilities (AUIR) and give Staff direction on projects and funding sources for inclusion in the eighth Capital Improvement Element (CIE) Update and Amendment. BACKGROUND: Chapter 163, Part II, Florida Statues required the County to adopt certain Land Development Regulations (LDR's) to implement its Growth Management Plan adopted on January 10, 1989. One of the LDR's requires the County to, "Provide that public facilities and services meet or exceed the standards established in the CIE required by Section 163.3177 and are available when needed for the development ..." This Section of Chapter 163, Part II, Florida Statutes is commonly known as the concurrency requirement. Accordingly, on March 21, 1990 the Board adopted the Collier County Adequate Public Facilities Ordinance No. 90-24, which was subsequently repealed and superseded by Ordinance No. 93-82, as amended by Ordinance No. 96-53. The Adequate Public Facilities Ordinance was subsequently codified in Division 3.15 of the Land Development Code. Division 3.15 of the Land Development Code establishes a management and monitoring program for public facilities which provides for an annual determination of concurrency and additional facilities needs. Section 3.15.6 of the Land Development Code requires the preparation of an Annual Update and Inventory Report on Public Facilities (AUIR) for presentation to the Board of County Commissioners. "The findings of the AUIR shall form the basis for the preparation of the Annual Update and Amendment to the Capital Improvement Element, any proposed projects to be included in the County's Annual Budget, the determination of any Area of Significant Influence (ASI) and the review of the issuance of development order subject to the provisions of this Ordinance during the next year." Under Section 3.15.6 of the Land Development Code the Board's options in response to the needs identified in the AUIR include, but are not limited to, the following actions: 1. Establishment of Areas of Significant Influence (ASI) surrounding deficient road segments; 2. Public Facility project additions to the Capital Improvement Element; 3. Deferral of development order issuance for non-vested development in area~ deficient Category "A" public facilities pending; JfiN I 2 1999 1 a. Lowering of Level of Service Standards (LOSS) via Growth Management Plan Amendments; b. Direction to Staff to include the necessary Public Facility projects in the seventh CIE Update and Amendment to be adopted by the Board; c. Approval of new or increased revenue sources for needed Public Facility projects by the Board of County Commissioners, the State Legislature or the County voters. GROWTH MANAGEMENT IMPACT: The preparation and presentation of the AUIR to the Board meets the requirements of Division 3.15 of the Land Development Code for an annual determination of the status of public facilities. Board direction to include the projects identified in the AUIR in the next financially feasible CIE Update and Amendment will establish and maintain concurrency for the next twelve (12) months. FISCAL IMPACT: Revenues needed to fund the CIE projects proposed in the 1998 AUIR for the ""' FY99-03 planning period and maintain statutorily mandated financial feasibility of the CIE have previously been enacted, are available, or have been approved by the Board of County Commissioners. However, funding for the jail expansion and Campus Master Plan is undetermined pending funding recommendations from the County Financial Advisor in early 1999. Projected revenues needed to fund public facility construction/expansion for the FY99-03 CIE planning period total $318,732,366 as summarized on page 1. Project expenditures in excess of estimated impact fee revenues are reflected as being augmented by ad valorem taxes and utility user fees in the body of this document. RECOMMENDATION: That the Board of County Commissioners take the following actions: 1. Accept and approve the attached document as the 1998 Annual Update and Inventory Report on Public Facilities (AUIR); 2. Give Staff direction by separate motion and vote on Category "A" and "B" facilities relative to Staff recommendations for projects and revenue sources for inclusion in the eighth CIE Update and Amendment; 3. Find upon analysis, review and actions taken based on the 1998 AUIR that adequate Category "A" public facilities will be available, as defined by the Collier Concurrency. Management System, as implemented by Division 3.15 of the LDC, to suppot1 dev,'lnnment order issuance until presentation of the 1999 AUIR approximately twelve (12 mont~E~r~E~q)J· this date. JAN 12 1999 2 STAIN LITSIN DATE PRINCIPAL PLANNER REVIEWED BY: BARBARA A. CACCHIONE, AICP DATE COMPREHENSIVE PLANNING MANGER ~ "' PLANNING SERVICES DEPARTMENT DIRECTOR APPROVED BY: VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. 1998 AUIR EX SUMMARY/md · JAN 1 g 1999 3 COLLIER COUNTY NINTH ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES (AUIP-) November, 1998 Prepared By Comprehensive Planning Section Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 (941) 403-2400 JAN 12 7999 · NINTH ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES 1998 CATEGORY "A" FACILITIES November, 1998 JAN 12 1999 i la~. q,.~"' TABLE OF CONTENTS Page PROPOSED CIE FACILITIES AND REVENUES FY99-03 CURRENTLY 1 PLANNED OR REQUIRED TO ELIMINATE DEFICIENCIES INDIVIDUAL FACILITY REPORTS: CATEGORY "A" FACILITIES 1. County Arterial and Collector Roads 3 2. Parks and Recreation - Recreation Facilities 18 - Community Park Land 22 - Regional Park Land 24 3. Drainage Canals and Structures 26 - Drainage Projects 27 4. Potable Water System 28 5. Sewer Treatment and Collector System - North County 30 - South County 32 6. Solid Waste 34 INDIVIDUAL FACILITY REPORTS: CATEGORY "B" FACILITIES ,_, 1. County Jail 39 2. Library Buildings 41 3. Library Book Stock 43 4. Government Buildings 45 5. Emergency Medical Services 47 6. Dependent Fire District: Ochopee 49 7. Dependent Fire District: Isle of Capri 51 APPENDIX Capital Projects Status Report "Executive Summary" 54 JAN 12 1999 1998 AUIR PROPOSED CIE FACILITIES & REVENUES FY 99-03 CURRENTLY PLANNED OR REQUIRED TO ELIMINATE DEFICIENCIES RECOMMENDED FACILITY TYPE PROJECTS County Roads/Reserves* $145,379,000 Potable Water System 48,000,000 Sewer System 29,483,250 Drainage 27,785,000 Parks &Recreation 26, 174,500 Solid Waste 0 Emergency Medical Services 3,737,455 Libraries 8.184,761 Government Buildings 0 County Jail 29,988,400 Dependent Fire Districts 0 TOTAL $318,732,366 RECOMMENDED EXISTING/AVAILABLE REVENUE SOURCES REVENUE Capital Ad Valorera $ 11,452,116 Gas Taxes 62,763,000 Impact Fees 128,903,750 Miscellaneous/Reserves(Roads) 3,585,100 Carry Forward (Roads) 34,741,000 Jail Funding** 29,988.400 MSTU Revenue Bonds (Drainage) 13.058.000 Developer Contributions 1288.000 SFWMD 5,725,000 FDEP 1,126,000 City of Naples 1,002,000 Bond/Loan Proceeds 25.100,000 TOTAL $ 318,732,366 * Includes surplus funds of $4,256,000 ** Funding mechanism pending BCC direction JAN 12 999 1998 COUNTY AND STATE ROADS CONTENTS PAGE 1. 1998 AUIR FACILITY FORM SUMMARY 3 (County Arterial and Collector Roads) 2. ATTACHMENT A 4 Transportation - Existing Conditions Report- 1997 3. ATTACHMENT B 7 Collier County Transportation Planning Database Capacity Analysis (Proposed 99-03 CIE) 4. ATTACHMENT C 13 Collier County Five Year Road Plan 99-03 JAN I g 1999 -2- 1998 AUIR FACILITY SUMMARY FORM Facility Type: County Arterial and Collector Roads (Category B) Level of Service Standard: Variable "D" to "E" Unit Cost: Variable ($953,000/Lane Mile Average) Capital ROads Recommended Projects by 9/30/03: $141,123,000 Available Revenues FY99-03: 145,379,000 5-year Surplus or (Deficit): 4,256,000 1. Existing Revenue Sources: A. Planned CIE FY99-03 Existing Gas Taxes (Capital) $12,675,000 Impact Fees 33,290,000 Carry Forward 34,741,000 New 5 Cent Gas Tax 19,776,000 R&B Gas Tax 30,312,000 Miscellaneous Interest, Reimbursements 3,585,000 Bond/Loan Proceeds 11,000,000 $145,379,000 B. 5-year Deficit 2. Supplemental Revenue Sources: A. Alternative l None Required B. Alternative II None Required Recommended Action: That the BCC direct Staff to include County road projects appearing on "Collier County Five Year Road Plan FY99-03" Attachment C) in the Ninth CIE Update and Amendment. JAN J, 2 1999 -3- TRANSPORTATION EXISTING CONDITIONS REPORT- 1997 Obiective To provide the Board of CounP,' Commissioners with an "existing conditions" analysis of the transportation system in the unincorporated area of Collier Count','. Purpose This anah'sis is provided to assist in the preparation of the Annual Update and Inventory Report (AUIR), and more specifically to assist in the determination of adequate (transportation) public facilities. Considerations The following considerations apply to this analysis: · The anah'sis year is the tweh'e month period ending December 31. 1997. that being the last complete year of dam collection: The Collier County Generalized Roadway Service Volumes (.hdy i990j. have been employed for urban arterial roads while the FDOT's Collier Count2,.'-Specific Generalized Maximum Service Volume Tables (1992 release) were utilized for urban collector, rural. and fleeway links: · Traffic volume data (raw counts) have been factored bv an axle factor of .9524 to yield actual vehicle counts: · Traffic volumes (and capacities) are m'o-x~'av totals: · A_verage Daih' Traffic (ADT) service volumes are based upon peak season. peak hour service volumes: · Production factors that have caused advancements or delays have already been included in this analysis: and · All State highway projects needed to assist the Countx, in meeting its concurrency requirements are fulh' funded bv the FDOT. except where noted below (see Special Note). Attachments Attached are the 1997 Collier County Transportation P!annin~ Database table and the Tentative FY 99 to FY 03 Capital Improvement Plan. Observations The anticipated increase m traffic grox~h system-v~de in 1997 has resulted in only nunor ~a~iustr~i the period of time available to get needed improvements into production. J A N 12 1999 -4- Of the 116 traffic count stations m fi~e Coastal and hmnokaiee Urban Areas for wmci~ i '~6 data is aiso available. 04.7% f75 stat~ons l reported increases over the 1996 annual average daiiv traffic I.-L-XDT~ volumes as follows: · 27.6% ~32 stanonsl show an ~ncrease greater than i0'?,, over l c~dG: l,3.1°.~, ~21 stations~ show an increase of 57~-10% over 1996: and · 19.0% t22 stanonst show an increase of up to 5% over 1996. Forty one stations 135 .3%) reported a decrease in traffic volumes from 1996 as tblloxvsz · 20.7% (24 stat~ons l show a decrease of 5% or less: and · 14.7% (17 slations} shoxv a decrease of more than 5 %. Capital Improvement Element Comments With the exception of two projects. the 1999-2003 CIE Update is desL~med to preserve concurrency on county roads. Project IDr-;s 49 and ~0. the four laning of lmmokalee Road from CR 951 to Oil Well Rd.. are not mctuded ~br concurrency r~asons. They are ~he result of BOCC direction. At the July 31. 1998 MPO meeting, the Board members present indicated an intention to adopt new level of service threshold volume tables in early 1999. for inclusion in the Transportation Element of the Grox~h Management Plan. In many instances. minimum standard threshold volumes will increase from their current levels. and deficiency year predictions will move ounvard Below are the segments for which the programmed year for. or absence of. construction funding suggests a concurrency problem. when viewed alongside the published deficiency year prediction. For each of them. the new service volumes will result in the deficiency .,,'ear moving outxvard far enough to make the position. or lack. of construction funding appropriate: · CIE # 1 111~ Ave. N. from U.S. 41 N. to Vanderbilt Drive: · CIE #11 Logan Blvd. ~brm Pine Ridge Rd. to Green Blvd: · CIE #16 Radio Rd. from Santa Barbara Blvd. to S.R. S4 IDavis Blvd t: · CIE #56 Santa Barbara Blvd. from Golden Gate Parkway to Radio Rd: and · CIE #63 Vanderbilt Beach Rd. from Airport Rd. to 1-75. Recommendations Add Major Reconstruction Projects (CIE #27). Traffic Signals (CIE #28}, and Advanced ROW (CIE #34) funds to 13F03 as appropriate. Special Note Interstate 75 The 1997 traffic count on Interstate 75 between Immokalee Road and the Lee County line ;ugge~'~n of sen~ice deficiency. There is no recommendation at this time to seek inclusion of an nnpr ~vgme~ ~ facilit'c in the state's work program. for the following reasons: ,J N 12 1999 l } The counted traffic volume in 1997 was a sharp divergence axvav from a steady grox~th trend on that --- se~nnent and is due in part to construction on U.S. 41 N. in Lee County. Completion of construction will alter travel patterns to the benefit of 1-75: 2) Completion of a segment of Livingston Road bet~veen lmmokalee Rd. and the Bonita Beach Road (by developers l will also alter travel patterns to the benefit of 1-75: 3) The method used to produce the Annual Average Daily Traffic count figure on 1-75 is statistically weak: it is of the product of a one day count and a weekly adjustment factor borrowed from an adjacent count station s~te: and 4) The local government does not have the authonw to alter the adopted miramum level of sen'ice standard on this facility because it is part of the Florida Intrastate Highway System (FIHS). They also do not have the authority to program state funds available solely for interstate improvements (NH funds). Authority in both these areas resides with the FDOT. This combination of restrictions is becoming increasm~y burdensome for a number of counties. and a formal request for relief is a possible response to future level of sen'ice deficiencies on the 1-75. Prepared By: ~ Date: ,~---'~_. ¢-- ~,r,-,, . . Gavin Jones. P.E.. Act~g Transportation Planrung Manager jAN 12 1999 -6- AGEN' "T" JAN 12 1999 ' ATTACHMENT C COLLIER COUNTY FIVE YEAR ROAD PLAN FY99-03 $(000) CIE FY NO. PROJECTS 1999-2003 1 111TM Avenue North 2467 US 41 to Vanderbilt Drive 3 Airport-Pulling Road COMPLETED US 41 to Radio Road 4 Davis Boulevard COMPLETED Santa Barbara Boulevard to County Barn Road 5 Golden Gate Parkway COMPLETED 7 Goodlette-Frank Road to Airport-Pulling Road 6 Immokalee Road COMPLETED 4700 US 41 to 1-75 8 Immokalee Road 4199 1-75 to CR-951 10 County Road 951 COMPLETED 8 US 41 to Rattlesnake-Hammock Road 11 County Road 951 COMPLETED Davis Boulevard to Rattlesnake- Hammock Road 12 State Road 951 COMPLETED US 41 to Marco Bridge 14 Pine Ridge Road COMPLETED US 41 to Airport-Pulling Road 15 Radio Road COMPLETED Airport-Pulling Road to Santa Barbara Boulevard 16 Radio Road 844 Santa Barbara Boulevard to Davis Boulevard 17 Rattlesnake-Hammock Road COMPLETED 100 US 41 to Polly Avenue 19 Goodlette-Frank Road COMPLETED Carica Road to Immokalee Road 'JAN 12 1999 ATTACHMENT C COLLIER COUNTY FIVE YEAR ROAD PLAN FY99-03 $(000) CIE FY NO. PROJECTS 1999-2003 20 Gulf Shore Drive DELETED Vanderbilt Beach Road to 111 t, Avenue North 21 Livingston Road (MSTU) 2205 CR-846 to Imperial Street + EW Connection 22 Logan Boulevard Green Boulevard to Pine Ridge Road 23 Vanderbilt Beach Road COMPLETED 197 US 41 to Airport-Pulling Road 24 Vanderbilt Beach Road COMPLETED 1-75 to CR-951 25 Vanderbilt Drive 1427 111m Avenue North to Bonita Beach Road 26 Westclox Road COMPLETED Carson Road to SR-29 27 Major Reconstruction 2500 28 Traffic Signals 2,500 31 Bonita Beach Road COMPLETED 224 West of Vanderbilt Drive 32 Santa Barbara Boulevard 10 SR-84 To Rattlesnake- Hammock Road 33 County Barn Road 167 Davis Boulevard to Rattlesnake- Hammock Road 34 Advance Right-of-Way Acquisition 2500 35 Carson Road COMPLETED Lake Trafford Road to Immokalee Drive j A N 1999 ATTACHMENT C COLLIER COUNTY FIVE YEAR ROAD PLAN FY99-03 $(000) CIE FY NO. PROJECTS 1999-2003 36 New North-South Road COMPLETED CR-858 to CR-846 37 County Road 951 Golden Gate Boulevard to Immokalee Road 38 Pedestrian Overpass on SR-29 COMPLETED 39 Airport-Pulling Road COMPLETED Golden Gate Parkway to Pine Ridge Road 40 Goodlette-Frank Road Golden Gate Parkway to Solana Road 41 Pine Ridge Road 7,146 Airport-Pulling Road to 1-75 42 Vanderbilt Beach Road CONSTRAINED 85 US 41 to Gulfshore Drive 52 Livingston Road 8,286 Pine Ridge Road to Wyndemere 53 Livingston Road 9,859 Golden Gate Parkway to Radio Road 54 Bald Eagle Drive DELETED* North and South of SR-951 55 Airport-Pulling Road 6,346 Vanderbilt Beach Road Extension to Pine Ridge Road 56 Santa Barbara Boulevard 1,674 Golden Gate Parkway to Radio Road 57 Livingston Road 8,596 Immokalee Road to Vanderbilt Beach Road * Located inside the incorporated area of the City of Marco Island. ,, jAN :[ 2 1999 ATTACHMENT C COLLIER COUNTY FIVE YEAR ROAD PLAN FY99-03 $(000) CIE FY NO. PROJECTS 1999-2003 58 Livingston Road 6,866 Vanderbilt Beach Road to Pine Ridge Road 59 North 11.h Street (Immokalee 170 Roberts Avenue to SR-29 60 Environmental Mitigation 265 61 County Road 951 6 Golden Gate Parkway to Daws Boulevard 62 Golden Gate Boulevard 11,830 CR-951 to Wilson Boulevard 63 Vanderbilt Beach Road 4,500 Airport-Pulling Road to 1-75 64 111~h Avenue North Gulfshore Drive to Vanderbilt Drive 65 Goodlette-Frank Road 7,656 Carica Road to Pine Ridge Rod 66 Lake Trafford Road COMPLETED West of SR-29 67 North 1 '~ Street Main Street to New Market Road 68 Old US 41 300 US 41 to the Lee County Line 69 Intersection Improvements DELETED Pine Ridge Road at Airport- Pulling road 70 Goodland Bridge Repair COMPLETED 71 Immokalee Road 13,700 CR-951 to CR-858 Subtotal Project Costs 111,340 t JAN I 2 1999 -16- ATTACHMENT C COLLIER COUNTY FIVE YEAR ROAD PLAN FY99-03 $(000) CIE FY NO, PROJECTS 1999-2003 00 Commercial Paper 5,612 Interest and Principal · Reserves/Miscellaneous Projects 24, 171 TOTAL 141.123 JAN 12 1999 1998 AUIR FACILITY SUMMARY FORM Facility Type: Recreation Facilities (Category A) Level of Service Standard: $179 capital inventory per capita Unit Cost: Variable Capital Facilities Available Inventory 9/30/98: $39,351,870 Required Inventory 9/30/03: 45,164,385 Planned CIE FY99-03 12,074,500 5-year Surplus or (Deficit): 6,081,401 1. Existing Revenue Sources: A. Planned CIE FY99-03 Park Impact Fees $12,074,500 2. Supplemental Revenue Sources: A. Alternative I None Required ReCOmmended Action: That the BCC direct Staff to include "Planned CIE FY99-03" projects in the Ninth CIE Update and Amendment.. "Available inventory" reflects the valuation of current inventory of the facility types on page 21 of this AUIR. NOTE: The Parks & Recreation staff is currently working with the contracted consultant to revise the impact fee ordinance park definitions and proposed new level of service standards. The final recommendations adopted by the BCC will be reflected in the 1999 AUIR. JAN i 2 1999 -18- PARKS FACILITIES INVENTORY (CONCURRENCY) TYPES 9-30-98 INVENTORY VALUATION Jogging Trails 3 $ 159,000 Picnic Pavilions 13 689,000 Racquetball Courts 22 585,200 Multipurpose Center 2 5,000,000 Shuffleboard Courts 26 780,000 Softball Fields 17 6,303,600 Tennis Codrts 39 1,037,400 Roller Hockey 2 600,000 Skate Park 1 400,000 Beach Parking Spaces 1086 1,086,000 Amphitheater 2 500,000 Baseball Fields 3 1,750,500 Basketball Courts 21 558,600 Bicycle Trails 64.1 (miles) 1,967,870 Boat Ramps 11 2,917,200 Playgrounds 20 2,000,000 Community Center 5 5,304,500 Swimming Pools 2 4,000,000 Football/soccer Fields 10 3.713.000 $39,351,870 JAN i g 1999 -20- PARKS AND RECREATION FACILITIES FIVE YEAR CAPITAL FACILITIES IMPROVEMENT PLAN $(000) FACILITIES FY98-99 FY99-00 FY00-01 FY01-02 FY02-03 TOTALS Veterans Park 20.0 20.0 Vineyards Park 115.0 115.0 Corkscrew Elementary 300.0 300.0 South Naples Parks 409.5 409.5 Walking Trails 40.0 40.0 Immokalee Comm. Park 50.0 50.0 Sugden Park 155.0 155.0 Playground Equipment 100.0 100.0 E. Naples Skate Park 10.0 10.0 Tigertail Park 15.0 15.0 Bluebill Park 142.0 142.0 Lely Barfoot Improvements 7.0 7.0 Clam Pass 100.0 100.0 Picnic Shelter 40.0 40.0 Bleachers 156.0 156.0 E. Naples Park Improvements 35.0 35.0 Out-year Facilities Improvements *2,595.0 *2.595.0 *2,595.0 *2,595.0 10,380.0 TOTALS 1,694.5 2,595.0 2,595.0 2,595.0 2,595.0 12,074.5 NOTE: *Balance of projected impact fee revenues to be allocated via annual budget preparation cycle. JAN 12 1999 ,.., 1998 AUIR FACILITY SUMMARY FORM Facility Type: Community Park Land (Category A) Level of Service Standard: 1.2882 acres per 1000 population Unit Cost: $34,100/acre (average) Acres Value/Cost Available Inventory 9/30/98: 419.0 $14.287,900 Required Inventory 9/30/03: 3250 11,082,500 Planned CIE FY99-03 0 0 5-year Surplus or (Deficit): 94.0 3,205.400 1. Existinq Revenue Sources: A. Planned CIE FY99-03 None Required 2. Supplemental Revenue Sources: A. Alternative l None Required B. Alternative II None Required Recommended Action: None Required at this time. NOTE: The Parks & Recreation staff is currently working with the contracted consultant to revise the impact fee ordinance park definitions and proposed new level of service standards. The final recommendations adopted by the BCC will be reflected in the 1999 AUIR. JAN I g 1999 -22- 1998 AUIR FACILITY SUMMARY FORM Facility Type: Regional Park land (Category A) Level of Service Standard: 2.9412 acres per 1000 population Unit Cost: $20,200/acre (average) Acres Value/Cost Available Inventory 9/30/98: 2207.0 $44,581,400 Required Inventory 9/30/03: 742.1 14,990,420 Planned CIE FY99-03 175.0 14,100,000 5-year Surplus or (Deficit): 1464.9 33, 125,980 1. Existinq Revenue Sources: A. Planned CIE FY99-03 S14,100,000 Bond/Loan Proceeds 2. Supplemental Revenue Sources: A. Alternative t None required Recommended Action: That the BCC direct staff to include "Planned CIE FY99-03" projects in the Ninth CIE Update and Amendment. NOTE: The Parks & Recreation staff is currently working with the contracted consultant to revise the impact fee ordinance laark definitions and proposed new level of service standards. The final recommendations adopted by the BCC will be reflected in the 1999 AUIR. JAN I 2 1999 -24- ; Pr~. ~ 1998 AUIR FACILITY SUMMARY FORM Facility Type: Drainage Canals & Structures (Category A) Level of Service Standard: Future Development - 25 year. 3 day storm Existinq Development - current service level Unit Cost: Primary Canal Mile $616,000 Secondary Canal Mile 374,000 Primary Structure 495,000 Secondary Structure 308,000 Canal Miles/ Structure Value/Cost Available Inventory 9/30/98: 373 $184,206,000 Required Inventory 9/30/03: 373 184,206,000 Planned CIE FY99-03 N/A 27,785,000 5-year Surplus or (Deficit): N/A N/A 1. Existinq Revenue Sources: '~ A. Planned CIE FY99-03 Ad Valorera $ 5,586,000 Developer Contributions 1,288,000 SFVVMD 5,725,000 FDEP 1,126,000 MSTU 13,058,000 City of Naples 1.002.000 TOTAL $27,785,000 2. S...upplemental Revenue Sources: A. Alternative I None Required Recommended Action: That the BCC direct Staff to include "Planned CIE FY99-03" studies and projects in the Ninth CIE Update and Amendment. JAN 12 1999 -26- JAN i g 1999 Pq. ~ 1997 AUIR FACILITY SUMMARY FORM Facility Type: Potable Water System (Category A) Level of Service Standard: 154 GPD/Capita + 20% non-residential (Proposed) Unit Cost: $2,800,505 MGD Value/Cost Available Inventory 9/30/97: 24.0 $67,212, 120 Required Inventory 9/30/02: 20.4 57,130,302 Planned CIE FY98-02 8.0 22,404,040 5-year Surplus or (Deficit): 11.6 32.485,858 1. Existinq Revenue Sources: A. Planned CIE FY98-02 System Development Fees/Revenue Bonds ,$22.404.040 2. Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: That the BCC direct staff to include "Planned CIE FY98-02" projects in the Eighth CIE Update and Amendment. Also. that the adopted LOSS be amended to 185 gpdc, weighed against the "peak serviced population", in order that the GMP is consistent with the recently adopted Water Master Plan. -28- JAN I g 1999 0.¢ooooooo oooo O< o o o 0 ~i~,~~~l~ O ~ ~ ~ o ~ z E ~__ iOZ0 ,. OZ ~ ~ o= ~ 0 ~o aO ~0 ~o~o~o~o~o~o ~0 o o ~ o o oc ~0 ~0 '~o Co ~ ~o~~~ 2~ ~ ~ ~ Oo 08 -29- jAN 1 ~ 1999 -""- 1998 AUIR FACILITY SUMMARY FORM Facility Type: Sewer Treatment and Collection System - North County (Category A) Level of Service Standard: 145 GPD/Capita Unit Cost: $5,896,650 MGD Value/Cost Available Inventory 9/30/98: 8.5 $50,121,525 Required Inventory 9/30/03: 9.0 53,069,850 Planned CIE FY99-03 5.0 29,483,250 5-year Surplus or (Deficit): 4.5 26,534,925 1. Existing Revenue Sources: A. Planned CIE FY99-03 System Development Fees/Revenue Bonds $29,483,250 2. $uDOlemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required ReCOmmended Action: That the BCC direct staff to include "Planned CIE FY99-03" projects in the Ninth CIE Update and Amendment. JAN 2 1999 ~o ~Z DZ ~ ~ ~Z~ o o o o o 0 o., Z Z ~ ~ ~ 0 ~ ~,~ _0 w~ ~ ~ > <S~~ ~ JAN 12 1999 """ 1998 AUIR FACILITY SUMMARY FORM Facility Type: Sewer Treatment and Collection System - South County (Category A) Level of Service Standard: 121 GPD/Capita Unit Cost: $5,896,650 M(~D Value/Cost Available Inventory 9/30/98: 8.0 $47,173,200 Required Inventory 9/30/03: 8.6 50,711,190 Planned CIE FY99-03 2.5* N/A 5-year Surplus or (Deficit): 1.9 11,203,635 1. Existing Revenue A. Planned CIE FY99-03 None Required 2. SuDDlemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: None Required *Note: Additional capacity of the South Plant is to be achieved by a "re-rating" of the plant in 1999 as opposed to construction of added capacity. JAN ]_ 2 1999 -32- Omo.~.,.,s.~c.ae0..s.m~.n ..aO c.,, ra io .......... O c5 c5 i,..X aZ~ ~ o ~ ,.n ,.n tn o ,.n ~(.gZ . C9~ -- -- -- ,' Z · . uaF- oa- v- ~i C~LU OO ~CNO,,Dr.D;h.~.a0mmmmC:;Oi C'3~ h- m co .~. d ......... rO r.6 co (/) a~ QO '- W~_~,meo,ooo~oooo w ~ c 010. U) cnC , -v -r- < ~ '~ '~ Oo 0 w~ w~ C]o >--~ I"<n ~ ~- t~,- c~,--- ,~-,-- zwu_ JAN I ~ 1999 -33- I Pq. _ .-g? ._ "" 1998 AUIR FACILITY SUMMARY FORM Facility Type: Solid Waste (Category A) Level of Service Standard: 10 year of permittable capacity at average disposal rate/previous five (5) years Unit Cost: $13,35/ton Site Tons Value/Cost Available Inventory 9/30/98: 5,278,143 $70,463,209 Required Inventory 9/30/03: 3,471,556 46,345,272 Planned CIE FY99-03 0 0 5-year Surplus or (Deficit): 385,254 5, 143, 140 1. ExiSting Revemje Sources: A. Planned CIE FY99-03 None Required 2. Supplemental Revenue Sources: ,--- A. Alternative I None Required B. Alternative II None Required Recommended Action: No additional landfill site expansion is recommended at this time pending a final site selection and acquisition for relocation of the landfill. JAN 12 T999 p.,~ ,x//E::) > ~ O0 I~~~ ~00 ~o~ ~ ~ W -- OQ d w w o> ................... - W D 0 ~'o ~ ~ W ~Q ZZ ~N~~N~O0~~,~O!O.O~O ~ ~ Z ~ z0 ~~~~d~'~;~,~d z ~ 0 ~ Z ~ ~ 0 o ~ 0 ~ ~< 0 w ~ W~ Z ~ 0~0000'00000000000000.0 W ~ D ~ Q Z~ 0 ~ ~> ~~~oooooooo!oo .... ~ ~ J A N I g 1999 -35- 1998 AUIR FACILITY SUMMARY FORM Facility Type: Solid Waste (Category A) Level of Service Standard: Two (2) years of constructed lined cell capacity at average disposal rate/previous five (5) years Unit Cost: $13.35/ton Cell Tons Value/Cost Available Inventory 9/30/98: 1,759,292 $23,486,548 Required Inventory 9/30/03: 630,319 8,414,758 Planned CIE FY99-03 0 0 5-year Surplus or (Deficit): (294,949) (3,937,569) 1. ExiSting Revenue Sources: A. Planned CIE FY99-03 None required 2. Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required ReCOmmended Action: No additional cell expansion is recommended at this time pending final site selection and acquisition for relocation of the County landfill. jar4 l 2 1999 -36- o~ d > o ~ ~ ~ w 0 ~ < 0 ~ ~ w O0 z w > zw 0 > ~ O> -- -sT- : JAN ! 2 199!j 4 Pa ~,-~. - "" NINTH ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES 1998 CATEGORY "B" FACILITIES November, 1998 ! JAN i 2 1999 -38- 1998 AUIR FACILITY SUMMARY FORM Facility Type: County Jail (Category B) Level of Service Standard: .0024 beds per capita Unit Cost: $30,800 per bed Beds Value/Cost Available Inventory 9/30/98: 754 $23,223,200 Required Inventory 9/30/03: 823 25,348,400 Planned CIE FY99-03 260 29,988,400* 5-year Surplus or (Deficit): 191 5,882,800 1. ExiSting RevenUe Sources: A. Planned CIE FY99-03 None B. 5-Year Deficit None 2. SuDplemental Revenue Sources: A. Alternative I G.O.B. Referendum $29,988,400* B. Alternative II Annual Budget Capitol Appropriation $29,988,400* (Ad Valorem) C. Alternative III COP Bonds $29,988,400* D. Alternative IV Correction Facilities Impact Fee $29,988,400* , Recommended Action: That the BCC direct staff to include CIE Project ¢/-400 in the Ninth CIE Update and Amendment. * NOTE: Includes jail and jail support facilities for both the Naples and Immokalee Jail Centers. A specific funding mechanism remains undetermined pending a recommendation from the County Financial Advisor, Mr. Regan, early in 1999. -39- JAN :[ 2 1999 JAN i g 1999 -40- 1998 AUIR FACILITY SUMMARY FORM Facility Type: Library Buildings (Category B) Level of Service Standard: 0.33 sq. ft. per capita Unit Cost: $153.97 sq. ~. SqUare Feet Value/Cost Available Inventory 9/30/98: 84,481 $13,007,539 Required Inventory 9/30/03: 95,626 14,723,535 Planned CIE FY99-03 30,000 4,619,100 5-year Surplus or (Deficit): 18,855 2,903,089 1. ExiSting Revenue SourCes: A. Planned CIE FY99-03 Library Impact Fees $ 4,056,000 Ad Valorem 563.000 4,619,100 B. 5-Year Deficit None required 2. Supplemental Revenue Sources: A. Alternative I None Required B. 'Alternative II None Required R~(;Ommended ACtiOn: That the BCC direct staff to include "Planned CIE FY99-03" projects in the Ninth CIE Update and Amendment. , JAN ]_ 2 1999 Pn X//7 1998 AUIR FACILITY SUMMARY FORM Facility Type: Library Book Stock (Category B) Level of Service Standard: 1.15 - 1.65 (progressive) Books per capita Unit Cost: $29.40 per volume BOOks Value/CoSt Available Inventory 9/30/98: 302,123 $ 8,882,416 Required Inventory 9/30/03: 423,404 12,448,077 Planned CIE FY99-03 121,281 3,565,661 5-year Surplus or (Deficit): 0 0 1. ExiSting Revenue Sources: A. Planned CIE FY99~03 Ad Vaiorem $ 3,565,661 2. Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: That the BCC direct staff to include "Planned CIE FY99-03" book collection additions in the Ninth CIE Update and Amendment. i JAN I 2 1999 -43- i p~. ,z/~' 1999 1998 AUIR FACILITY SUMMARY FORM Facility Type: Government Buildings (Category B) Level of Service Standard: 2.58 sq. ft. per capita Unit Cost: $136.56 So, uare Feet Value/CoSt Available Inventory 9/30/98: 587,992 $80,296,118 Required Inventory 9/30/03: 650,973 88,896,873 Planned CIE FY99-03 0 0 5-year Surplus or (Deficit): (62,981) (8,600,685) 1. Existing Revenue Sources: A. Planned CIE FY99-03 B. 5-year Deficit 2. Supplemental Revenue SourceS: A. Alternative I None Required B. Alternative II None Required Recommended Action: No additional projects are recommended to relieve deficiencies beginning in FY 99-00 prior to the next (1999) AUIR, pending a recommendation from the County Financial Advisor, Mr. Reagan, regarding financing options for the 1998 Campus Master Plan. AGEND I JAN 12 7999 -45- ~ wz-- wz~ 0 0~ Z ~ O~z Oz ~gm Ow ~ 0 ~ ~o~o ~o Q D O~ ~o0o Oo _ ~ >~ >~z~ o~ J A N 1 ~ 7999 -46- 1998 AUIR FACILITY SUMMARY FORM Facility Type: Emergency Medical Services (Category B) Level of Service Standard: .000068 units per capita Unit Cost: S747,491 per unit (vehicle + building) Units Value/Cost Available Inventory 9/30/98: 15 $11,212,365 Required Inventory 9/30/03: 19 14,202,329 Planned CIE FY99-03 5 3,737,455 5-year Surplus or (Deficit): 0.8 597,992 1. Existing Revenue Sources: A. Planned CIE FY99-03 EMS Impact Fees $2,000,000 Capital Ad Valorem $1.737.455 $3,737,455 B. 5-year Deficit 0 2. SuPplemental Revenue Sources: A. Alternative I None Required B..Alternative II None Required Recommended Action: That the BCC direct Staff to include "Planned CIE FY99-03" projects in the Ninth CIE Update and Amendment. ~GE ~°' ~ JAN 12 7999 1998 AUIR FACILITY SUMMARY FORM Facility Type: Dependent Fire District - Ochopee (Category B) Level of Service Standard: .00057 apparatus and station/capita Unit Cost: S116,537/unit Units Value/Cost Available Inventory 9/30/98: 4 $ 466, 148 Required Inventory 9/30/03: 1.3 151,498 Planned CIE FY99-03 0 0 5-year Surplus or (Deficit): 2.7 314,649 1. Existing Revenue Sources: A. Planned CIE FY99-03 None Required 2. Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Re(;Omm~nded Action: No action is required by the BCC at this time. 'JAN 12 1999 · -- ~ m ~z- ._ h 0 ~ ~' -50- 1998 AUIR FACILITY SUMMARY FORM Facility Type: Dependent Fire District ~ Isle of Capri (Category B) Level of Service Standard: .00097 apparatus and station/capita Unit Cost: $612,560/unit Units Value/Cost Available Inventory 9/30/98: 2 $1,225,120 Required Inventory 9/30/03: 2.3 1,408,888 Planned CIE FY99-03 0 0 5-year Surplus or (Deficit): (0.3) (183,768) 1. Existing Revenue Sources: A. Planned CIE FY99-03 None Required 2. Supplemental Revenue Sources: A. Alternative I None Required B. Alternative II None Required Recommended Action: No action ~s required by the BCC at this time. JAN 12 1999 __.pg. :f'.'7 -52- APPENDIX 1 CAPITAL PROJECTS STATUS REPORT "EXECUTIVE SUMMARY" END OF FY98 Prepared by Pubic Works Engineering Department JAN ! 2 1999 CAPITAL PROJECTS STATUS REPORT December 1998 EXECUTIVE SUMMARY The Public Works Engineering Department ~s pleased to submit this annual edition of the Capital Projects Status Report (CPSR). This edition documents the progress of the Capital Improvement Element (CIE) projects through Fiscal Year 1997-1998. The following CIE projects were completed since the previous annual report which was distributed in October 1997: CIE # 017 Rattlesnake-Hammock Road, CR 846 (US ,41 to Polly Avenue) CIE # 054 Bald Eagle Drive, CR 953 (north and south of SR 951 ) CIE # 503 Marco Island Branch Library. Addition CIE # 505 Immokalee Branch Library Addition CIE V, 608 Medical Examiners Facility CIE # 710. Bayview Park Boat Ramp and Sea Wall Improvements CIE # 712. Max Hasse Park Basketball Pavilion CIE # 717. Tigertail Beach Restrooms (Marco Island) CIE # 719, Clam Pass Park Phase II CIE # 728, Immokalee Community Park Soccer Field Lights Overall status is as lbllows: Total number of CIE construction projects completed this fiscal year: 10 Total number of CIE projects currently under construction this fiscal year: 9 Total number of CIE projects to commence construction this fiscal year: 5 Total number of CIE projects currently in the pre-construction phase: 40 Questions or comments can be referred to me at 774-8872 or the appropriate member of the PWED project management staff. Jeff Bibby, P.E.. Director ~,~E,~_s.C-t~ Public Works Engineering Department - - ROAD SERIES SERIES 000 This section includes the Transportation Capital Improvement Element (CIE) projects of the Growth Management Plan. Txvo road projects were completed since the last annual report: CIE # 017, Rattlesnake-Hammock Road, CR 846 (US 41 to Polly Avenue) CIE # 054, Bald Eagle Drive. CR 953 (north and south of SR 951 ) No road projects are currently under construction. Two road projects are scheduled to commence construction in FY 98-99: CIE # 053, Livingston Road (Radio Rd to Golden Gate Parkway) CIE # 062, Golden Gate Boulevard (CR 951 to Wilson Blvd.) The following road projects are in the pre-construction phase: CIE # 001, lllth Avenue, CR 846 (Vanderbilt Drive to US 41) CIE # 008, Immokalee Road, CR 846 (I-75 to CR 951) CIE # 016, Radio Road, CR 856 (Santa Barbara Blvd. to Davis Blvd.) CIE # 021, Livingston Road MSTU (Immokalee Road to Imperial St.) CIE # 022, Logan Boulevard CIE # 025, Vanderbilt Drive, CR 901 (11 lth Avenue to Bonita Beach Rd) CIE # 027, Major Reconstruction (County-wide) CIE # 028, Traffic Signals (County-wide) CIE # 034, Advanced Right of Way Acquisition (benefits multiple road CIE projects) CIE # 032, Santa Barbara Boulevard (Davis Blvd. to Rattlesnake-Hammock Rd) CIE # 033, County Barn Road (Davis Blvd. to Rattlesnake-Hammock Rd) CIE # 037, CR 951 (Golden Gate Blvd. to Immokalee Rd) CIE # 040, Goodlette-Frank Road, CR 851 (Pine Ridge Rd to Vanderbilt Beach Rd) CIE # 041, Pine Ridge Road, CR 896 (Airport Rd to Logan Blvd.) CIE # 042, Vanderbilt Beach Road, CR 862 (west of US 41 ) [deferred] CIE # 052, Livingston Road (Golden Gate Parkway to Pine Ridge Rd) CIE # 055, Airport Road, CR 31 (Pine Ridge Rd to Vanderbilt Beach Rd) CIE # 056, Santa Barbara Boulevard (Radio Rd to Golden Gate Parkway) CIE # 057, Livingston Road (Vanderbilt Beach Rd to Immokalee Rd) CIE # 058, Livingston Road (Pine Ridge Rd to Vanderbilt Beach Rd) CIE # 060, Environmental Mitigation (benefits multiple road CIE projects) CIE # 061, CR 951 (Davis Blvd. to Golden Gate Pk~2~) CIE # 063, Vanderbilt Beach Road, CR 862 (Airport Rd to 1-75) CIE # 064, lllth Avenue, CR 846 (Gulfshore Dr. to Vanderbilt Dr.) CIE # 065, Goodlette-Frank Road, CR 851 (Pine Ridge Rd to Vanderbilt Beach Rd) CIE # 066, Lake Trafford Road (west of SR 29) "-, CIE # 067, North 1st Street (Main St. to New Market Rd) CIE # 068, Old US 41, CR 887 (US 41 to Lee County line) ~oG~,b~ CIE # 069, Intersection Improvements (County-wide) JAN 1 E 1999 -55- 3 DRAINAGE SERIES SERIES 200 This section includes the Drainage (Stormwater) Capital Improvement Element (CIE) projects of the Growth Management Plan. No drainage projects were completed since the last annual report. No drainage projects are currently under construction. No drainage project is scheduled to commence construction in FY 98-99. The lbllowing drainage projects are in the pre-construction phase: CIE # 291, District No. 6 {Lely) CIE # 292, Gordon River Extension CIE # 294, Main Golden Gate System CIE # 297, Southern Coastal Basin (US41 Outfall Swales /Belle Meade Basin) JAN 12 1999 -56- GOVERNMENT BUILDING SERIES SERIES 300-600 This section includes the Government Building Capital Improvement Element (CIE) projects of the Growth Management Plan. We are submitting this on behalf of Facilities Management. Three building projects were completed since the last annual report: CIE # 503, Marco Island Branch Library Addition CIE # 608, Medical Examiners Facility CIE # 505, Immokalee Branch Library Addition No building projects are currently under construction. One building project is scheduled to commence construction in FY 98-99: CIE # 508, North Regional Library The following building projects are in the pre-construction phase: CIE # 400/401, Jail Expansions On hold pending the development of a financially feasible plan to implement the findings in the Update of the Integrative Corrections Strategic Development Plan. CIE # 608, Collier County Maintenance Facility On hold pending decision on location. Note that all Government Building Projects have been transferred from PWED (formerly OCPM) to the Support Services Division, Facilities Management Department. N~6E~D~ -57- JAN 12 1999 p~. (,=,3 ... PARK SERIES SERIES 700 This section includes the Parks and Recreation Capital Improvement Element (CIE) projects of the Growth Management Plan. We are submitting this on behalf of the Parks and Recreation Department. Five park projects xvere completed since the last annual report: CIE # 717, Tigertail Beach Restrooms (Marco Island) CIE # 719, Clam Pass Park Phase II CIE # 712, Max Hasse Park Basketball Pavilion CIE # 728, Immokalee Community Park Soccer Field Lights CIE # 710, Bayview Park Boat Ramp and Sea Wall Improvements Three park projects are currently under construction: CIE # 701, Countywide Bikeway Improvements Ongoing throughout the County CIE # 724, Sugden Regional Park (Lake Avalon Park) Lake Pavilion and Botanical Garden portions continuing CIE # 702, South Naples Community Park No park project is scheduled to commence construction in FY 98-99: The following park project is in the pre-construction phase: CIE # 716, Athletic Field Development Note that all Parks and Recreation Projects have been transferred from PV~TED (formerly OCPM) to the Public Services Division, Parks and Recreation Department as of October 1, 1998. JAN 12 1999 -58- WATER UTILITIES SERIES SERIES 800 This section includes the Water Utilities Capital Improvement Element (CIE) projects of the Growth Management Plan. No water utility project was completed since the last annual report. Four water utility projects are currently under construction: CIE # 828, North Regional Wellfield C1E # 859 and 865, NCRWTP Expansion CIE # 860, Aquifer Storage and Recovery One water utilities project is scheduled to commence construction in FY 98-99. CIE # 837, Livingston Road MSTU 16" Water Main No water utilities projects are in the pre-construction phase. -59- JAN 1f ,1999 7 WASTE WATER UTILITIES SERIES SERIES 900 This section includes the Waste Water Utilities Capital Improvement Element (CIE) projects of the Growth Management Plan. No waste water projects were completed since the last annual report. Two waste water projects are currently under construction: CIE # 922, Waste Water Telemetry CIE # 924, Master Pump Station 1.02 One waste water project is scheduled to commence construction in FY 98-99: CIE # 937, NCRWWTF Expansion The following Waste Water utilities projects are in the pre-construction phase: CIE # 916, SCRWWTF Expansion CIE # 925, Master Pump Station 1.04 This project has been deferred beyond the current 5 year plan. JAN 1 g 1999 L 8 SOLID WASTE MANAGEMENT SERIES SERIES 1000 This section includes the Solid Waste Capital Improvement Element (CIE) projects of the Growth Management Plan. No solid waste projects were completed since the last annual report. No solid waste projects are currently under construction. No solid waste projects are scheduled to commence construction in FY 98-99. Two solid waste projects are in the pre-construction phase: CIE # 1006, Develop New Landfill Site This project is on hold pending the results of CIE # 1009 with respect to finding a new landfill site. CIE # 1009, Landfill Site Evaluation The landfill siting committee developed a list of potential landfill sites, A final report with recommendations has been completed and a site has been selected. Survey work to prepare the legal description of the proposed site is on hold pending an agreement between the County and the property owner to allow the survey crew on site. -63.- JAN 12 199 EXECUTIVE SUMMARY AWARD A CONTRACT TO BONITA GRANDE SAND COMPANY FOR THE PRODUCTION AND STOCKPILING OF BEACH COMPATIBLE MATERIAL ASSOCIATED WITH THE COLLIER COUNTY INCREMENTAL BEACH MAINTENANCE AND MANAGEMENT PLAN. OBJECTIVE: To award a contract for the production and stockpiling of beach compatible material associated with Bid No. 98-2838 entitled Incremental Beach Maintenance and Management Plan. CONSIDERATION: The Beach Renourishment/Maintenance Committee has endorsed a conceptual plan to place 50,000 cubic yards of upland sand on the Collier County, Naples and Marco Island beaches on annual basis at locations determined pursuant to the results of the annual monitoring surveys. An eight (8) year period has been established as the initial duration of this plan. The intent of the plan is to replace the sand budget deficit which occurs annually along the Collier County shoreline. To implement the plan, an advertisement for bids was posted and appeared in the Naples Daily News on July 24, 1998. The bid schedule included a base bid and an alternate bid. The base bid was for a one (1) year agreement with an option to renew for one (1) year and included the production and stockpiling of 50,000 cubic yards of beach compatible material along with the transport and placement of same on the beach each year. In the interest of ascertaining long term cost benefits, the schedule also contained an alternate bid which included the production and stockpiling of 400,000 cubic yards of beach compatible material together with the transport and placement of 50,000 cubic yards on the beach annually for the eight (8) year period. Sealed bids for Bid No. 98-2838 were opened n October 6, 1998-, A summary of the bids received is as follows: VENDOR BASE BID ALTERNATE BD Bonita Grande Sand Company $532,000.00 $1,923,500.00 Better Roads, Inc. $659,000.00 $2,649,000.00 Upon review of the submitted proposals, the design professional has determined that the material proposed to be provided by Better Roads, Inc. does not meet the specifications for beach compatible material and as such, they are considered a non-responsive bidder. Executive Summary Beach Maintenance Page Two Based upon these results and in an effort to specifically address the impacts of this material on sea turtle nesting activities, the staff is proposing a third option for consideration in this regard. This option would involve producing 50,000 cubic yards of material in the first year and placing the material on the beach at a specific location to be determined by the permit holder for Collier County Sea Turtle Nesting Activities. This area would then be subject to intensive monitoring during the Sea Turtle Nesting Season based upon specific criteria established by the permit holder. Therefore, at the end of the nesting season in November, 1999, if the monitoring data indicates that the material is adversely impacting the nesting activities, the contract could be terminated. On the other hand, if the data clearly indicates there is no impact, the agreement would remain in effect for the production and stockpiling of the remaining 350,000 cubic yards of material. In as much as this concept varies from the criteria established in the bid schedule, it was necessary for the staff to negotiate the following conditions which will apply upon implementation: 1~ Unit Cost of Production, Stockpiling and Loading - $4.80/c.y. 2. Production and Stockpiling in accordance with the following schedule: (a) 1st Year (FY 1999) - 50,000 c.y. (b) 2"a Year (FY 2000) - 150,000 c.y. (c) 3rd Year (FY 2001) - 200,000 c.y. 3. A long term lease for access to and use of the stockpile area shall be granted by Bonita Grande Sand Co. to Collier County. 4. Award two separate contracts for Bid No. 98-2838 as follows: (a) Production and Stockpiling of Beach Compatible Material (the subject of this agenda item). (b) Transport and Placement of Material on the beach (to be re-bid as a one year agreement with the option for renewal on an annual basis). The pros and cons associated with the three options to be considered in this regard are presented to be as follows: 1. Option No. 1 - Base Bid PKO - allows termination after one year if conditions warrant; production rate enables better QA/QC; pay for material as you go; no advance capital outlay. CON - must rebid in two years with no guarantee of an equally economical source of supply. AGCND~ IT[M J A N 12 1999 Executive Summary Beach Maintenance Page Three 2. Option No. 2 - Alternate Bid PRO- Attractive unit costs and lowest total cost; unit costs locked in for duration of program. CON - accelerated production rate after first year subject to less QA/QC; additional cost to Owner to monitor and observe material being stockpiled; advance capital outlay for material to be used years after Owner pays for it; risk of loss of investment from unforeseen events (wind loss, theft, etc.); does not address impacts to sea turtle nesting activities. 3. Option No. 3 - Staff Proposal PRO - Unit costs locked in for duration of project; reduced production rate in first year. Monitoring requirements in first year provides criteria for termination/proceeding. CON- accelerated production rate after first year subject to less QA/QC; additional cost to Owner to monitor and observe material being stockpiled; advance capital outlay for material to be used years after Owner pays for it; risk of loss of investment from unforeseen events (wind loss, theft, etc.) Having taken all these matters into consideration, the staff is recommending that a contract be awarded for the production and stockpiling of beach compatible material in accordance with Option #3. The Tourist Development Council reviewed this matter at theft' meeting on October 19, 1998 and recommended proceeding with Option #1 - Base Bid. The Beach Renourishment/Maintenance Committee concurred with the staff's recommendation at their meeting on November 5, 1998. ,:,~,xlx.FISCAL IMPACT: ~".~ ~ ~"~; ~g summary provides those appropriations necessary with respect to each option during the noted fiscal year: Option ~1 Option ~2 Option ~3 · 1at Year (FY 1999) $240,000 $812,000 $240,000 · 2~a Year (FY 2000) $240,000 $812,000 $720,000 · 3~a Year (FY 2001) Unknown $960,000 Fund: (195) Tourist Development - 60% Cost Center: (110406) Beach Renourishment - Category "A" Project Number: (80225) Collier County Beach Restoration Based upon the TDC Beach and Inlet Management Budget Projections through FY 2002, sufficient funds are available in the reserves for each option. jAN 1 , Executive Summary Beach Maintenance Page Four A budget amendment is necessary whereby funds will be transferred from the reserves of Fund 195 to the appropriate expenditure category for the approved obligation during FY 98/99. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners: 1. Award a contract in the amount of $1,920,000.00 to Bonita Grande Sand Company for the production and stockpiling of beach compatible material in accordance with option #3 described herein. 2. Approve the necessary budget amendment and distribution of the total cost over a three year period. 3. Authorize the necessary modifications to the contract documents to enable implementation of changed conditions. SUBMITTED BY:/~'~"~/~- DATE: Harold E. Huber, Project Manager III Public Works Engineering Department REVIEWED BY: :;:-;"'-~---~.- ,' , :-;.. ,'; DATE: Steve Carnell, Director Purchasing Department REVIEWED nY.'~effB~f~7'//~'~'~ DATE: ibby, P.E., Director Public Works Engineering Department APPROVED a . ~ DATE: Ed Iischner, Administrator Public Works Division attachments cc: Beach Renourishment/Maintenance Committee EXECUTIVE SUMMARY APPROVE THE LIVINGSTON ROAD UTILITY FACILITIES REIMBURSEMENT AND CONTRIBUTION AGREEMENT OBJECTIVE: Obtain Board of County Commissioners approval of the Livingston Road Utility Facilities Reimbursement and Contribution Agreement with Long Bay Partners. CONSIDERATIONS: On February 17, 1998 the Board approved a Developer Contribution Agreement between the County and Long Bay Partners for advancing the construction of Livingston Road between Immokalee Road and the Collier/Lee County line. On September 8, 1998 the BCC authorized staff to develop and return to the Board with a Developer Contribution Agreement providing for Livingston Road water and sewer facilities CUtility Project") cost sharing between Long Bay Partners LLC., (LBP), and the County. Since that time staff has met with LBP and its representatives and has worked to draft an agreement that is in the public's best interest, addresses issues that arose with the Roadway Contribution Agreement and, at the same time, meets the needs of LBP. The proposed agreement (Attachment 2) meets these objectives. LBP desires to construct the Roadway and Utility Project concurrently to maximize overall efficiency. The shared cost portion of the Utility Project is composed of an up-sized North/South aligned water main and wastewater force main. The East/West aligned water mains, wastewater force mains and the North/South aligned reuse irrigation water main are being funded by the County. The total estimated Utility Project cost is $1,951,750. LBP will initially fund $474,978 and be reimbursed for its contribution through CCWSD water and sewer system impact fee credits. The duration of credit availability is seven (7) years with the assignment of credits limited to the "Utility Service Area" described in Exhibit "D" to the attached agreement. The County will fund $1,476,771 from utility impact fee funds. The entire Utility Project is to be constructed by LBP. The Project is described in Exhibit "B" to the attached agreement. The allocation of project costs is described in Attachment (1) to this executive summary and in Exhibit "C" of the attached agreement. The proposed Utility Project is consistent with the Water and Wastewater Master Plans as amended. Staff has reviewed the CCWSD Capital Improvement Program (CIP) in light of advancing the Utility Project and has concluded that the CIP will not be adversely impacted. The County Attorney's Office has reviewed the proposed agreement. FISCAL IMPACT: The County's share of the Utility Project is not fully funded in the current budget. The estimated total cost for the Utility Project is $1,951,750. LBP will fund $474,978 of the North/South component of the project and be granted water and wastewater impact fee credits in the same amount. The County will be responsible for a $736,521 cash reimbursement to LBP for the County's share of the North/South project. The cash reimbursement will be payable to LBP upon acceptance of the facilities by the County. The County will be required to reimburse LBP $740,250 through progress payments for the design and construction of the East/West water and wastewater mains and the reuse irrigation water main. The County's share of the water utility project is $730,685. There is presently $400,000 budgeted for the Livingston Road Water Main project. The funds however were incorrectly budgeted in the General Water Capital Fund (412) instead of the Water Impact Fee Fund (411). A budget amendment moving this project from the General Water Capital Fund (412) into Water Impact Fee Fund (411) is required. In the Water Impact Fee Fund the budget amendment will decrease fund (411) capital reserves and create the Livingston Road WM project in the amount of $730,700. The funds presently budgeted for this project in water capital fund (412) will be returned to reserves. Water Impact Fee Fund (411-919010- 999300) reserves have a current budget of $5,458,000. The project will be budgeted in Fund (411- 273511-70049) Livingston Road North Extension WM. The County's share of the wastewater utility project is $476,086. There is presently $400,000 budgeted in Wastewater Impact Fee Fund (413-263611-73002) for the Livingston Road Force Main project. A budget amendment decreasing Fund (413) capital reserves and increasing the Livingston Road FM project, in the amount of $76,100 is required. Wastewater Impact Fee Fund (413-919010-993000) reserves have a current budget of $7,667,700. The County's cost for the reuse irrigation pipeline is $270,000. There is presently $0 budgeted for the Livingston Road Reuse Irrigation Water Main project. A budget amendment decreasing Fund (413) capital reserves and increasing the Livingston Road Reuse Irrigation Water Main project, in the amount of $270,000 is required. Wastewater Impact Fee Fund (413-919010-993000) reserves have a current budget of $7,667,700. GROWTH MANAGEMENT IMPACT: The extension of Livingston Road discussed herein will be under construction by December 2000. Construction of water and sewer facilities concurrent with roadway construction provides for sound and cost effective infrastructure development. Extension of water and sewer service along the Livingston Road corridor has long been contemplated and is consistent with the County's regional utility concept, the Growth Management plan and the Water and Wastewater Master Plans. " JAN 12 19 9 ~P(;o RECOMMENDATION: Staff recommends that the Board of County Commissioners, the Governing Board of Collier County, and, as Ex-Officio, the Governing Board of the Collier County Water-Sewer District: 1. Approve the Utility Facilities Reimbursement and Contribution Agreement with LBP. 2. Authorize the Chairman to sign the agreement on behalf of the Board. 3. Authorize staff to record the agreement in the Public Records of Collier County. 4. Authorize budget amendments as described herein. SUBMITTED BY'~~~~ //f' Edward N."lSinn, Director of Operations, Date Interim Wastewater Director APPROVED BY: ~ //4,~t/e.'~ '~ Ed Ilschner, Public Works Administrator D Attachment 1 :Livingston Road Utility Project Allocation Attachment 2: Livingston Road Utility Facilities Reimbursemenl and Contribution Agreement JAN I 2 19 9 JAN 12 1999 ,'~... ..:¢. LIVINGSTON ROAD UTILITY FACILITIES REIMBURSEMENT AND - CONTRIBUTION AGREEMENT THIS CONTRIBUTION AGREEMENT is made and entered into this __ day of ,1999, by and between Long Bay Parmers LLC., a Florida limited liability company (hereinafter referred to as "LBP") and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COLrNTY AND AS EX-OFFICIO THE GOVEtLNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as "County"). LBP is used as singular or plural, as the context requires. !0 RECITALS: WHEREAS, LBP is desirous of entering into a contribution a~eement with the Count-:,: 12 which provides for both a cash reimbursement and grants a credit for water and wastewater impact fees, sometimes referred to as system development charges, in exchange for the construction or installation of certain regional water and wastewater utility facilities made to the Coanty's redohal system; and 17 WHEREAS, LBP either has legal control over, or is the legal owner of certain lands described in Exhibit "A" (hereinafter sometimes referred to as "Property" or "Water and Wastewater 21,9 System Impact Development Lands") attached hereto and incorporated herein by reference, which 20 upon development in the near future will be subject to the imposition of water and wastewater 22 system impact fees; and 23 -1- 24 JAN 12 19S,9 PC., ~.~' WHEREAS, all parties acknowledge that the value of donated land, if any, shall be based upon a written appraisal of fair market value by a qualified and professional appraiser acceptable to the County and shall be based upon comparable sales of similar property between unrelated parties 4 in a bargaining transaction; and 5 WHEREAS, all parties acknowledge that the valuation of eligible anticipated construction to the County's regional water and wastewater system shall initially be based upon professional 7 s opinions of total project probable costs certified by a professional architect or engineer; and s WHEREAS, all parties acknowledge that in the case of contributions of construction or ~0 installation of improvements, the value of the LBP's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by LBP; and .~ WHEREAS, the County Public Works Division has recommended to the Board of Count' Commissioners that it will be advantageous to the public for LBP to install certain water and 15 ~ s wastewater utility facilities described in Exhibit "B" and "C" which facilities are hereinafter referred 3.7 to as the "Utility Project", which are composed of, among other things, up-sized water and ~s wastewater utility facilities that are larger in size and that will carry capacity in excess of the size and capacity determined by LBP to be needed solely to accommodate LBP's Project; and 20 WHEREAS, the County is amenable to reimbursing LBP's increased materials costs and 21 increased installation costs incurred and paid by LBP, which costs would not have been incurred or 22 23 paid but for the up-sizing of the subject water and wastewater transmission facilities; and 24 WHEREAS, all parties acknowledge that no credit whatsoever for land, easements, 25 JAN 12 1999 ._. PC. ~ .... construction or infrastructure otherwise required to be built or transferred to the County by law, 2 ordinance or any other rule or regulation shall be considered or included in the value of any LBP' s 3 contribution pursuant to this Agreement, but shall be eligible for reimbursement if provided for in 4 said law, ordinance or rule or regulation, and 5 WHEREAS, all parties acknowledge that all construction cost estimates shall be based upon, 6 and all consumction plans, specifications and conveyances shall be in conformity with the utility s construction standards and procedures of the County and shall be first approved by the Collier 9 County, Public Works Administrator prior to commencement of construction; and ~ e WHEREAS, LBP acknowledges and agrees that LBP shall have full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and 12 all documentation on behalf of LBP necessary to convey the contribution to the County in 13 conformance with the County's utilities standards and procedures ordinances and regulations; and ms WHEREAS, LBP has submitted to the Collier County Public Works Administrator an ~s acceptable proposed plan and estimate of costs for the subject contributions (hereinafter "Proposed ~7 Plan") which includes, but is not limited to: zs a. A designation and description of the Water and Wastewater System Impact Development Lands for which the Proposed Plan is being submitted; 20 b. No land is proposed to be donated; 2:1, c. Acceptable initial professional opinions of probable construction cost for the 22 proposed construction prepared by a professional architect or engineer; 23 24 d. An acceptable proposed time schedule for the completion of the proposed plan 25 JAN 12 1999 prepared by a professional architect or engineer; and e. A twenty-five hundred dollar ($2500.00) processing review and audit fee payable to 3 the County; and 4 WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board 5 has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding 7 that: s a. The subject Proposed Plan is in conformity with the contemplated improvements and 9 additions to the County's regional water and wastewater system; ~.0 b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the County's water and wastewater system impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing ._. growth necessitated capital improvements and additions to the County's regional water and ...~ wastewater utility system; 2. s c. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, ~.v will not create a detrimental irabalance between the treatment and transmission capabilities of the County's regional water and wastewater system; d. The Proposed Plan is consistent with the public interest; and 20 e. The proposed time schedule for completion of the Proposed Plan is consistent with 2:1 the most recently adopted five-year capital improvement program for the County's regional water 22 : 3 and wastewater system; and :4 W'HEREAS, the Board of County Commissioners finds that the contributions contemplated 25 -4° JAN I 2 1999 PG..._,. g _ by this Contribution Agreement are consistent with the County's existing comprehensive plan; and WHEREAS, LBP agrees and acknowledges that it shall not proceed to install or construct 3 any portion of the subject contribution, nor shall this Contribution Agreement be effective unless 4 LBP's counsel shall satisfactorily advise the County Attorney in writing prior to time ofrecordation 5 of this Contribution Agreement as required herein, that the LBP has all funds necessary to complete the contribution available and under its control; and 7 s WHEREAS, the contributions contemplated under this Contribution Agreement shall be ~ construed and characterized as work done and property rights acquired by a utility or other persons 10 engaged in the collection or distribution of water and wastewater for the purpose of constructing or installing on established rights-of-way, mains, pipes, cables, utility infrastructure or the like; and W'HEREAS, this Contribution Agreement shaI1 not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 14 ~-s WIT NE S SET H: ~ 6 NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable ~ 7 consideration exchanged amongst the parties, and in consideration of the covenants contained heroin, ~s the parties agree as follows: 1. The above recitals are nine and correct and are incorporated herein. 20 2. In exchange for the contributions identified and contemplated in this Contribution Agreement, LBP shall be entitled to a cash reimbursement or a credit for water and wastewater 22 23 system impact fees as more particularly described herein below. 24 3. The amount of LBP's cash reimbursement and credit for water and wastewater 25 JAN 12 1999 system impact fees will be determined according to the following standards of valuation: a. LBP acknowledges and agrees there are no donations of land included in the subject contribution. b. The value of eligible and anticipated construction to the County's regional water and wastewater system shall be based upon professional opinions of total project probable cost certified by a professional architect or engineer. c. In the case of contributions of construction or installation of improvements, s the value of LBP's proposed contribution shall be adjusted upon completion of the ~. 0 construction to reflect the actual cost of construction or installation of improvements II experienced by LBP, exclusive of design costs. However, in no event shall any upward 12 adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions. The initial estimate of costs for contribution under this Contribution Agreement is detailed ,-.j. 4 at Exhibit "C". Until the contribution credit is finally adjusted upon completion of _5 ~ construction, no more than seventy-five percent (75%) of the initial estimate of costs for ~ 7 contributions for the North/South portion of the Utility project contained herein shall actually ~s be applied or used in a calculation of available credit against water and wastewater system impact fees. 20 d. Upon acceptance and recording of all appropriate conveyance documents to 21 the County which relate to the North/South portion of the Utility Project in a manner which 22 conforms with the standards and procedures employed by the County for the acceptance of 23 : 4 regional wastewater and water utility infrastructure, and after receipt by the Public Works JAN 12 19 9 Division Administrator of a satisfactory written verification of unconditional payment in full for the materials, installation and all other costs of the Utility Project, the County agrees to reimburse LBP in the form of water and wastewater impact fee credits for certain material and installation costs of the Utility Project in the sum total of FOUR HUNDRED SEVENTY FOUR THOUSAND NINE HUNDRED SEVENTY-EIGHT DOLLARS ($474,978) as described in 3.c. above and the cash sum of SEVEN HUNDRED THIRTY SIX THOUSAND FIVE HUNDRED TWENTY-ONE DOLLARS ($736,521), which is reflected on the schedule of reimbursement attached as Exhibit "C" ('%forth/South Payment'). In addition to the North/South Payment, County agrees to reimburse LBP SEVEN HUNDRED FORTY THOUSAND TWO HUNDRED FIFTY DOLLARS ($740,250) in cash for the !2 design and construction of the East/West and Effluent portion of the Utility Project ("East/West and Effluent Payment'). County agrees to reimburse LBP for the East/West and 14 2.5 Effluent Pa.vment based upon monthly invoices submitted by LBP which will include approved pa.vment application from contractor and invoice from LBP. County shall pay LBP within forty-five (45) days of receipt of an invoice from LBP. Other than the lS adjustment provided for in Subparagraph 3(c) above, the County's payment obligation under this Contribution Agreement shall not exceed the total amount to be paid to LBP shown on 20 Exhibit "C". Further, no reimbursement shall be made for any installation cost or material 2~. cost of a pipe size that is otherwise required of LBP as part of a planned unit development 22 23 ordinance, site development plan, or any other ordinance, regulation, condition or permit. 24 If there should be a reduction in the cost to LBP for reimbursable materials or installation 25 JAN 12 i9i9 ~ costs from the estimated costs specified in composite Exhibit "C", such cost reduction to .--, 2 LBP shall also reduce the County's reimbursement obligation, pro rata, e.g., if the reimbursable cost to LBP should be reduced by five percent (5%), the County's obligation 4 hereunder shall be reduced by the five percent (5%). 5 e. No credit whatsoever for lands, easements, construction or infrastructure 7 otherwise required to be built or transferred to the County by law, ordinance or any other rule s or regulation shall be considered or included in the value of any LBP's contribution. s f. A description of the contribution which is the subject of this Contribution Agreement together with initial professional opinions of probable construction costs for the proposed construction and a time schedule for completion of the Proposed Plan, if ~.2 applicable, prepared by a professional architect or engineer, are attached hereto as Exhibits "B" and "C" respectively, the Proposed Plan, which are incorporated herein by reference. ~,4 .5 ~.6 4. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated in the description of and estimate of costs for contributions under this Contribution Agreement shall be paid for by the County and shall not be considered or included in the value of any LBP's contribution. 20 5. The County shall acquire all easements necessary for the construction of the 22, East/West portion of the Utility Project. In the event Collier County is unable to acquire necessary' 22 :3 easements within ninety (90) days of receipt of notice from LBP that LBP has commenced 24 construction of the North/South portion of the Utility Project, LBP's obligation to construct the 25 -8- JAN' 1' 2 '199; ~ East/West portion of the Utility Project shall terminate. However, this Agreement shall remain in : effect for the construction of the North/South portion of the Utility Project. 3 6. County acknowledges that timely completion of the North/South portion of the 4 Utility. Project is a critical and fundamental aspect of the Contribution Agreement. The County shall 5 acquire (including completing eminent domain "quick take" procedures) easements for the construction of the North/South portion of the Utility Project on or before December 31, 1999. 8 7. The County shall apply the credit for impact fees identified herein toward (i) the ~ water and wastewater impact fees which LBP is required to pay for each building permit which is ~0 applied for on the Property or (ii) any assignment of water or wastewater impact fee credits to other property owners, within the area described in Exhibit D thereby reducing the balance the water :1,2 and/or wastewater impact fee credit by the same amount. It shall be LBP's obligation to notif), the :1.3 County in writing that a credit is available each time a building permit is applied for. If credit is :1.4 available under more than one contribution agreement, the credit shall be deducted from the available balance of the first agreement entered into. ~7 8. The impact fee credit available under this Contribution Agreement may be used to z8 evidence pa.vrnent of estimated water and wastewater impact fees necessary to obtain a Certificate of Public Facility, Adequacy for the parcel, or each of the respective parcels, benefiting from this 20 Contribution Agreement, provided such user will not cause an undue or unreasonable burden upon 2~ the administrative, accounting or audit resources of the County. For the purposes of this paragraph 22 a Certificate of Public Facility Adequacy shall be defined as such by Collier County Ordinance No. 23 24 90-24 or its successor in function, so long as the provisions and requirements therein are not 25 JAN 12 1989 P~.:/_~ .... ] otherwise inconsistent with the terms of this Contribution Agreement. If an impact fee credit 2 available under this Contribution Agreement is used to secure a Certificate of Public Facility. Adequacy, then upon the impact fee credit either expiring, becoming subject to demand for 4 reimbursement or reid, or otherwise becoming no longer available, the County shall notify the 5 developer benefiting from the impact fee credit under this Contribution Agreement of such expiry, reimbursement, refund or other circumstance in writing. Said written notice shall identify the shortfall amount and make a demand that LBP immediately remit to the County and replace any shortfall of funds needed to continue to secure the Certificate of Public Facility Adequacy within sixty (60) days of the mailing of said notice by U.S. Mail return receipt requested. Failure to replenish said shortfail within sixty (60) days of mailing as required herein shall subject the subject 12 ~2 Certificate of Public Facility Adequacy to expire in the same manner as ira cancellation and refund ,_4 of the Certificate of Public Facility Adequacy had been requested by LBP. s 9. An annual review and audit of performance under this Contribution Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement and to report the credit applied toward payment of water and wastewater system impact fees and the balance of available unused credit. If the Collier County Board of County Commissioners finds, on the basis of substantial competent 20 :z evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the :: Contribution Agreement may be revoked or unilaterally modified by the County. 2 3 10. The duration or availability of credits pursuant to this Contribution Agreement shall 24 not be for a period in excess of five (5) years from the date of substantial completion of the approved 25 i plan of construction, or from the date of donation of land, but in no event shall the availability of credits under this Contribution Agreement exceed seven (7) years, exclusive of any moratoria, from the date of recording this Contribution Agreement in the Official Records of Collier County, Florida. For the purposes of this Paragraph only, the date of substantial completion shall be the date of final acceptance by the County pursuant to Collier County Ordinance No. 97-17, as amended, or its successor in function. 7 s 11. In the event the amount of LBP contribution, pursuant to the approved plan of s construction, exceeds the total amount of impact fees imposed or used on the subject Water and ~-o Wastewater System Impact Development Lands, LBP shall be entitled to the return of one-half (½) the excess or remaining balance of such contribution credit, provided funds are available and 2.2 collected fi-om future receipts by the County from water and wastewater system impact fees collected 11.3 during the fiscal year immediately following the fifth anniversary of the date of substantial :I. 4 ~.s completion of the plan of construction or the date of donation, or the seventh anniversary, exclusive of any moratoria, from the date of recording this Contribution Agreement in the Official Records, whichever shall first occur. Should the source of funds for reimbursement as described in this paragraph not be available within the time frames described herein, the remaining balance of any impact fee credits shall be forfeited. For the purposes of this Paragraph only, the date of substantial 20 completion shah be the date of final acc~tance by the County pursuant to Collier County Ordinance 21 No. 97-17, as amended, or its successor in function. 22 12. LBP shall keep or provide for retention of adequate records and supporting 23 24 documentation which concern or reflect total project cost of construction or installation of any 25 improvements to be contributed. This information shall be available to the County, or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years 3 from the termination of this Contribution Agreement. 4 13. The failure of this Contribution Agreement to address any permit, condition, term, 5 or restriction shall not relieve either LBP or its successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary to comply with all relevant State or Federal laws, including State or Federal laws enacted after the execution 11,0 of this Contribution Agreement which are applicable to and preclude the parties compliance with the terms of the Contribution Agreement. 12 14. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 15. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. 16. The performance and execution oft his Contribution Agreement shall be carried out 2o in conformance with the Risk Management Guidelines established by the County's Risk 22 Management Department as more particularly described in Exhibit "E" attached hereto and 23 incorporated heroin by reference. 2~ 17. This Contribution Agreement shall be recorded by the County in the Official Records 25 '12- JAN 12 I, B9 PG,_,~. ,,, 3. of Collier County, Florida, within fourteen (14) days after the County, by its duly authorized 2 Chairman, executes this Contribution Agreement. 18. Any party to this Contribution Agreement shall have the ability to file an action for 4 injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution 5 Agreement, said remedy being cumulative within any and all other remedies available to the parties 7 for enforcement of this Contribution Agreement. s 19. The County shah apply all water and wastewater impact fees collected by the County s for properties located within the "region served" in the area described in Exhibit "D" to the water and wastewater impact fee credits issued to LBP pursuant to this Contribution Agreement. Upon application by LBP, the County may forward to LBP on a semi-annual basis, said water and :1.2 wastewater impact fee payments received by the County. 20. The County shall monitor impact fee collection within the Property. to ensure that 2.4 only impact fee credits ~anted to LBP pursuant to this Contribution Agreement as used as impact fee payments for all water and wastewater impact fee construction with the Property until all water and wastewater impact fee credits granted to LBP pursuant to this Contribution Agreement are 21.8 utilized by LBP or assigned in accordance with the terms of this Contribution Agreement. 2 1. The County shall provide LBP with a certified copy of this Contribution Agreement, 20 including all exhibits attached hereto, such that LBP's certified copy of Exhibit "F" (Water and 2:1. Wastewater Impact Fee Credits Ledger) can serve as the ledger sheet to documents LBP's balance 22 23 of water and wastewater impact fee credits. 24 22. LBP may assig-n any water and wastewater impact fee credits due to LBP pursuant 25 2s -13- Z to this Contribution Agreement to other properties within the area described in Exhibit D whether or not owned by LBP. 3 IN WITNESS WHEREOF, the parties have executed this Contribution Agreement as of the 4 date and year first above written. 6 Attest: BOARD OF COUNTY COMMISSIONERS Dated: FOR COLLIER COUNTY, FLORIDA, A 7 DWIGHT E. BROCK, Clerk POLITICAL SUBDIVISION OF THE STATE OF FLORIDA 8 By: By: (Deputy Clerk) BARBARA B. BERRY, Chairman ~-~- WZTNESSES: LONG BAY PARTNERS LLC, a Florida limited liability company m3 ~-'-O( J~.L.-~ By: BONITA BAY PROPERTIES, INC. ~ ' " ': 5 ,'~'~ A Florida Corporation, fl ..;' -'~ ,.,e.~,'_. ~_r!:- its Managing Member ~'~ -'Prli,.t~: ~i//,., ~_A,zj-~.,,~_.~ ' PrintName: ~)Avlb 1 me this 31 54- "~ ~ ~~._ zo . , of Bonita Bay Properties, Inc., a Florida corporation, Mana~inz Member of Long Bay Partners LLC, a Florid limited liability company, on behalf of the corpo;ati~n and limited liability company. He is [ sonally known to me, ~ced :: a-4rivcr's liccnsc no,. as identification. 23 (SEAL) ~ f~f~!~, ~; JOANNE JANES ~ Commission No. My commission expires Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney -15- JAN 12 EXHIBIT LIST Ex. hibit A Description of Lands Exhibit B Project Description (Utility Facilities) Exhibit C Reimbursement Schedule Exhibit D Region Served by the Utility Project Exhibit E Risk Management Guidelines Exhibit F Impact Fee Credits Ledger EXHIBIT "A" i 2 EXHIBIT "E" RISK MANAGEMENT GUIDELINES Insurance Provisions: Developer shall require all contractors p6rfc~rming work pertaining to this A~eement to procure and maintain the following insurance policies. Prior to the commencement of work, Developer shall provide to the County certificates of insurance indicating these cqverages. Comprehensive General Liability': Contractor shall maintain minimum limits of $1,000,000 per occurrence combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include premises and/or Operations, Independent Contractors and Sub-contractors, Completed Operations, Broad Form Property Damage, XCU Coverage and Contractual Liability endorsement. Worker's Compensation: Coverage shall apply for statutory limits in compliance with applicable state and federal laws. The policy must include Employer's Liability with a limit of $1,000,000 each accident. Business Automobile: Contractor shall canT minimum limits of $ 1 ,000,000 per occurrence combined single limit for Bodily Injury include owned vehicles, hired and non-owned vehicles and employee non-ownership. Additional Insured, Miscellaneous: The Collier County Board of County Commissioners are to be added as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Current valid insurance policies meeting the requirements heroin identified shall be maintained during the duration of the utility project. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of a cancellation or modification of any stipulated insurance coverage. Developer shall be responsible for assuring that the contractor complies with the above- mentioned requirements. No work shall commence until proper certificate(s) indicating compliance are received by the County. Indemnification Provisions: Developer, in consideration often Dollars ($10.00) receipt and sufficiency of which is accepted through the sig'ning of the A~eement to which this exhibit is attached, shall hold harmless and defend County and its respective agents and employees from all suits and actions, including attorney fees and all costs of litigation and judgments of any name and description arising out of or incidental to Developer's performance under the subject Agreement or the relocation of the Utility Facilities thereunder. This provision shall also pertain to any claims brought against the County by any employee of Developer, any Contractor or Subcontractor or anyone directly or indirectly employed by them. :., Developer's obl(gation under this provision shall not be limited in any way by the contribution amount or Developer's limit of or lack of sufficient Insurance protection. UTILITY IMPACT FEE CREDIT LEDGER IMPORTANT: This Utility Impact Fee Credit Ledger is intended to document the balance of Utility impact Fee Credits applying ONLY to the following property: ,- . Beginning Balance ............................. $ UTILITY IMPACT IMPACT FEE CpUNTY OFFICIAL DEVELOPER REP. DATE PERMIT NO. FEES DUE CREDIT BALANCE ~Signature) [Siqnature) EXHIBIT"F" JAN 12 i9S9 ~. ~7 EXECUTIVE SUMMARY A FOLLOW UP REPORT REGARDING AN EFFORT TO ESTABLISH A MIINICIPAL SERVICE TAXING UNIT (MSTU) FOR THE CONSTRUCTION AND MAINTENANCE OF A NEIGHBORHOOD PARK ON TRACT 179 LOCATED IN GOLDEN GATE. Objective: To report on the results of a survey taken to determine the interest in an MSTU supported neighborhood park and to receive follow up direction from the County Commission regarding the project. Consideration:On July 29, 1997 the Commission approved the purchase of the 4.55 acre property located in Golden Gate for use as a neighborhood park with the stipulation that a local MSTU would be created within eighteen (18) months of the land. The MSTU would then reimburse the general fund for the initial purchase and support the park's construction and maintenance costs. This direction is consistent with the Board's adopted neighborhood park policy. On September 2, 1997 the Board purchased the land from Avatar Properties Inc. for the amount of $77,900 using general funds. As is typically done with an MSTU project, a survey of the residents living in proximity to the proposed project was conducted to gauge the level of support for the creation of an MSTU for the project1. The map of the area that was surveyed is enclosed. The survey area was drawn in an effort to try and include those residences that would directly benefit from the park, and as a result would be most supportive of the project. Although arguably within walking or bicycling distance, those neighborhoods, which were near the Golden Gate Community Center or the Golden Gate Elementary School, were not included. These areas were excluded because they were within closer walking/biking distance to the playgrounds at the Community Center or the School and were anticipated to oppose funding another neighborhood park. However, drawing a narrow benefit area also results in a higher cost per property for those that do lie within the proposed taxing district, which may have affected the outcome as well. There were two different types of parks proposed in the survey question. One, which included more active facilities such as tennis and basketball courts, was estimated to have cost $87 per average household in the proposed district. The second option was for a much more passive, park with playground equipment, landscaping and benches. The estimated annual cost to the homeowner in the area for this park was $31. Six hundred fifty-two (652) letters were sent to landowners; with 21% or one hundred thirty-nine (139) responses being received. While fifty (50) responses (36%) were in favor of some type of park funded by a local MSTU, eighty-nine (89) of the responses (64%) were against the creation of a MSTU to fund the park. At this point there are four basic options for the Board to consider: 1.) Accept the survey results, and direct the staff to declare the property as surplus and market it for sale, or 2.) Direct the staff to proceed with the creation of the MSTU, or 3.) Direct the staff to redraw the benefit area to increase the number of properties that would be included, re-survey the newly proposed benefit area and authorize a budget amendment to pay for the minor, but unbudgeted costs, or 4.) Set aside the established policy for neighborhood parks and fund the construction of the park from general fund reserves. ~ The survey offered landowners two optional costs to maintain a neighborhood park utilizing an MSTU: $3 i~..,a.l~i~. ' tile support a passive park, $87 to support an active neighborhood park. Both costs are based on a $35,000 taxal valued property. , AN t 2 1999 The eighteen (18) month stipulation will lapse in March 1999. Growth Management: The parcel is inventorled and managed by the Parks and Recreation Department. Any improvements to the property, would be eligible to be included in the park facilities inventory, which helps to meet the established level of service standard. Fiscal Impact: If the Board decides to re-survey there would be an estimated cost of $2,000 primarily for postage. Should the Board decide to accept option three, the estimated construction cost for the active park is $443,000, and the passive park would be $143,000. Annual on-going maintenance would be anticipated to be $15,000. Recommendation: Because it was the staffs opinion that the benefit unit that was drawn was the most favorable for the park, it is recommended that the Board of County Commissioners declare the parcel of land known as tract 179 as surplus and sell it pursuant to Florida Statutes. (Z'J'c~ll Dunnuck, Operations Coordinator Department of Parks and Recreation Reviewed and : ~t~[ /(Zd' / ' q" '~''~ Approved by: , .,",, (~ //;,,D~,~/ Date: Mafia Ramsey, Director --- Department of Parks and Recreation Reviewed and Approved by:~ ~'~2C"~jl Date: Tho/nas"W; 6il iff. Adm."~ator Division of Public Services EXECUTIVE SUMMARY A Report to the Board on the Progress of Year 2000 Compliance. OBJECTIVE: To report to the Board of Commissioners regarding the progress of Year 2000 compliance activities. CONSIDERATION: In September 1998, the County Administrator established the Year 2000 Compliance Task Force to coordinate the overall activities of each division and their respective Y2K compliance efforts. The Year 2000 Committee consists of the following individuals: Leo E. Ochs, Jr., Support Services Administrator Steve Camell, Purchasing and General Services Director Edward Finn, Public Works Operations Director Michael Widner, Senior Librarian, Public Services Thomas Nohl, Senior Fiscal Analyst, Utility Regulation Jeff \X'alker, Risk Management Director William Coakley, Information Technology Director In its initial meetings, the committee established primal3, goals and objectives. Tasks were assigned to committee members to be carried out in their respective divisions. The objectives of the committee are as follows: 1) Identify those areas that present a Y2K exposure to the county. 2) Determine the severity of a failure for each non-compliant system. 3) Establish a date whereby the system will be made compliant or a date when a mitigation plan ~vill be in place. 4) Establish documentation indicating the Y2K compliance of products, vendors, and dependent third parties. 5) Establish documentation recording the efforts of staff to obtain Y2K compliance. 6) Monitor departments to the completion of their Y2K efforts to include system testing. 7) Report to the County Administrator as to the progress of Y2K compliance efforts. One of the more difficult parts of the project has been the idenffication of systems and their Y2K compliance. To address this concern, the committee developed two forms for use by departments. These forms included the "Year 2000 Corrrpk'ance,Questionnaire" form and the '~'2K Review of Board of Commissioners Business Applications" form (see attachments). The purpose of these forms is to seek a statement of compliance from the vendor of each identified system and to document the efforts of the department in obtaining information from each respective vendor. These forms are "due diligence" records documenting the compliance of each system and they provide a record of county efforts to prevent a failure should a system fail or should a vendor fail to provide accurate representation. JAN 12/1999 pg. t A memorandum from each Division Administrator was distributed during the first week of November which addressed the following issues and timetables. 1) Each Department Director is responsible for assuring the compliance of their respective systems against year 2000 failure. 2) Directors were inswucted that the inventory phase of the Y2K project was to be completed by December 1, 1998. 3) Directors were instructed to distribute the Year 2000 Cotr~'ance ~Questionnaire to the vendor of each identified system. 4) Directors were instructed that they were to use the Y2K ge~'ew (Board of Commissionen' Business App~'cations form to document their contacts and actions. 5) A revised inventory with documentation of non-compliant systems was to be completed by each department and forwarded to their respective representative by December 31, 1998. Directors are to document the Y2K compliance of each system and to establish a date when each system will be made compliant or when a contingency plan will be completed. Compliance in this case includes testing and/or replacement of software and equipment. 6) Department Directors are to provide monthly (or more frequent) progress reports to their committee representative until each non-compliant system is made compliant. Lastly, department heads have been directed to identify areas of contingent exposure whereby a failure could affect county operations. For example, this may include suppliers of materials or services, which could be interrupted by a Y2K failure. Departments have been asked to contact these entities to assess their Year 2000 compliance. The committee is completing the identification and assessment phase of the project. At that point, a clear picture of critical systems with established compliance plans will be established. It is important to note however, that many departmental projects are already under way or have been completed. An updated report with specific detail will be provided to the Count3, Administrator by January 22, 1999. Representatives of the Constitutional agencies were asked to report or make themselves available to the Board's request as well. FISCAL IMPACT: Funds necessary to assure compliance will be sought on a case by case basis by the affected department. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: No action is necessary by the Board at this time. /f~gqValker, CPCU, ARM DireCtor, Risk Management REVIEWED BY: ..""'C~ Q~ ,~: ) 'c-" /~',/',' Leo E. Ochs, J., ,/ ., Support Services Administrator ATTACHMENT A Y2K REVIEW OF BOARD OF COUNTY COMMISSIONERS BUSINESS APPLICATIONS DIVISION: DEPARTMENT: Name of Software, Hardware, Information Systems, or Other Technology: Brief Description of what it does: Name of Vendor: Vendor Address: Y2K Status: Currently Compliant: __ yes __ no If no, describe actions to be taken to ensure Y2K compliance: Date that Y2K Compliance will be completed. No Later than: Collier County Y2000 Compliance Questionnaire mailed to: Date Mailed: / / Date Received: / / If Vendor is interviewed by telephone: Date of Interview: __/ /__ Name/Title of Vendor Spokesperson: Comments: Acknowledgment of Completion and Accuracy: Department Director Date Attachments: (1) Completed Questionnaire yes I~v ] 2/ 199 (2) Vendor written confirmation yes n~nA°a'i~n~A/)zTEn (3) Contract with Vendor for Y2K Compliance yes ' n~}AN 9 Pg- ~ ATTACHMENT B Collier County Year 2000 Compliance Questionnaire Your Organization's Contact for Year 2000 Compliance: Name: Telephone: Fax: E -Mail: Please answer "Yes" or "No" to each of the following statements. Please explain in detail both "Yes" and "No" answers, If additional space is needed, please attach separate sheets: 1, Our organization is aware of the "Year 2000" issues. Yes No Explanation: 2. Our organization has accomplished and tested (or has definitive plans to accomplish and test) the necessan,' changes to make our business systems "Year 2000 Compliant." Yes No Date Completed (or Estimated Completion Date): Explanation: 3. Our organization has a team to ensure tha~ we will be "Year 2000 Compliant" with respect to the sen, ices provided to Collier Count3' prior to January 1, 2000. Yes No Explanation: 4. Our organization is taking all actions required to ensure our business systems will continue to function accurately and appropriately as of January 1, 2000. Yes No Explanation: 5. Our organization is taking appropriate steps to insure our organizations' major vendors and suppliers are Year 2000 compliant. Yes No Explanation: Date: JAN ] 2 |999 P~.... ~ . AUTHORIZATION TO PURCHASE A DIGITAL MICROVAX 3100 COMPUTER TO RUN THE WATER-SEWER UTILITY BILLING SOFTWARE AND DATABASE OBJECTIVE: To have the Board of County Commissioners approve the purchase of a Digital Microvax 3100 Computer to house the current water-sewer utility billing software and the related database. Authorization of the purchase requires approval of a budget amendment to fund the purchase. CONSIDERATIONS: The Board's utility (Water-Sewer District) billing software system sen/es approximately 38,000 residential and commercial customers. Annual utility revenue is approximately $40,000,000. The utility billing and accounts receivable software was acquired in 1991 and runs on a Digital 7610 minicomputer which was acquired in 1993. Neither the utility billing software nor the 7610 minicomputer is Y2K compliant. The Board has previously approved (814/98) a contract to modify the billing software to make it Y2K compliant. That contract covers the Board's billing and accounts receivable software. Staff had originally anticipated renting a Microvax 3100 to test the Y2K compliance of the modified utility billing software and upgreding the existing 7610 for Y2K compliance after the software modifications were made and tested. However, after analyzing the cost of upgrading the 7610 for Y2K compliance compared to purchasing a new microvax which was already Y2K compliant, staff is recommending the purchase of the Microvax 3100 for testing of Y2K modifications of the software, followed by production operation of the utility billing system. Both the Information Technology Department and the contracted software vendor concur with this recommendation (see attachment 1 ). There are two elements of saving that the County will realize if the Microvax 3100 is purchased. The first item of savings is a one time net savings of $31,285 resulting from the purchase of a new Microvax compared to the cost of upgrading the existing hardware to make it Y2K compliant. The second item of savings is the annual recurring savings in operating expenses of $67,600 that are currently being spent to operate and maintain the existing hardware (see attachment 2). In order to purchase the Microvax 3100, a budget amendment needs to be approved by the Board moving funds budgeted for operating expenditures in the Department of Revenue Services to the capital outlay appropriation within that budget. FISCAL IMPACT: Funds are available in Fund 510, Cost Center 102020, Operating Expenses 6000's. Department of Revenue Services (510-102020-6000) ($16,800) Department of Revenue Services (510-102020-7000) $16,800 $ -O- GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: Board of County Commissioners approve the purchase of a digital Microvax 31 O0 minicomputer and authorize the necessary budget amendment. Prepared by: .--~r."t~.,'\ ~ '(""Z Date: John A. Yonko y, Department of Revenue / William Coakley, Director""""'-- IT Department Reviewed by: --~, ' ~' ' /"!. Date: ~' AGENOA ]'TEN J A N I 2 1999 pg.... ~ ATTACHMENT 1 To: Leo Ochs Jr, Support Services Administrator CO: John Yonkosky, Department of Revenues Services Director Date: 01/04/99 Re: DEC Microvax for Y2K utility billing softlyare testing and subsequent productio The Information Technology Department concurs with the Department of Revenue Services' proposal to acquire a Microvax 3100 model 85 for Y2K testing of work by an independent contractor, followed by production operation of its Utility Billing software, based upon the analysis presented below. Backeround: Neither the DOR - Utility Billing computer programs nor its DEC computer operating system are Year 2000 (Y2K) compliant. Programming changes to the application must be made and tested in an off-line test environment. The use of an off-line environment is required because of the need to (a) upgrade the existing computer's operating system and other software and (b) the need to change the computer's system date as part of the testing procedures. To perform a major change to the computer operating system and to roll forward a date change in the on-line production system would create major billing problems. As a consequence, the use of an off-line test computer was not optional. The Y2K changes and tests can be accomplished on a MicroVAX 3100 according to the contractor, "Source Computing, Inc.". In considering the high operating costs and the major expense to upgrade the existing computer, the use of the microVAX3100-85 for the production system was contemplated. Analysis: The UB programming vendor, "Source Computing, Inc." recommended the hardware configuration and size based on their experiences with other customers having similar production requirements. Their largest customer is running the Billing Module and additionally all of the integrated UB Financial programs and has 70,000 accounts (Collier uses only the Billing Module and has 38,000 accounts). The hardware configurations are the same for this customer and Collier County. The IT department compared and analyzed several technical parameters of the 3100-85 and the 7610. As a basis for comparison, DEC (the manufacturer) says the 3100-85 has about one half the performance capability of the 7610 (technically, "Vax Units of Performance"). However, the proposed usage for Utility Billing requires much less than a full 7610. While the 7610 three years ago (prior to the modernization program) handled 350 on line users. The 3100-85 will only be called upon to handle 18 of which only 5 are heavy demand input operations. The 3100-85 will have the same number of disk drives as the 7610 and disk drives are a significant factor in on line performance. The 3100-85 will have over twice the amount of disk .storage space of the 7610. ,~GEN~, ITEM Iqo. ~,"~ "- JAN 12 1999 P9. January 4, ~999 Consultation with the MIS Group of the Clerk of Circuit Courts regarding the current processing load of the current 7610 concluded the existing average daily load is approximately a quarter of the total system capacity. This loading if extrapolated to the 3100-85 indicates about 50% of its resources would be in reserve after the initial conversion. Conclusion: The MicroVAX 3100 Model 85 is adequately sized and capable of performing exceptionally well as a development and test platform for the DOR-UB software programs. It is the IT Department's conclusion that it can also replace the current DEC7610 as a production environment for the UB software with the following provisos: 1. Usage is limited to 18 concurrent users of which 5 are high load input types, as proposed by the Department of Revenue. 2. The independent contractor delivers Y2K-converted software that provides on-line performance acceptable to the Department of Revenue. ( The contractor-controlled by the Department of Revenue- has said that the Micro VAX 3100-85 is suitable, but the IT department cannot guarantee his work or statement. ) Special Note: It should be noted that the 3100-85 is - as planned - an interim solution only. A new, more comprehensive solution is under review but cannot be implemented in time for Y2K compliance. The County is currently reviewing three vendor proposals for replacement of both the software and hardware environment necessary to meet the long-term business needs of the Department of Revenue and the technical standards of the County. Therefore, the 3100-85 is viewed as appropriate as the least expensive and most expedient way to implement the Y2K changes until replacement software and hardware can be acquired. Realistically, the replacement process will probably take about two years to full signed-off implementation. ITEN 1999 ATTACHMENT 2 SUMMARY COST ANALYSIS Cost to upgrade the 7610 digital minicomputer for Y2K compliance compared to purchase of Y2K compliant microvax for production use of the utility billing software. 7610 M icmvax Recurring Costs: Operating Costs (MIS/IT) $17,300 $ '0- Maintenance Contract 52, 100 1,800 Total Recurdng Cost $ 69,400 $ 1,800 One Time Costs: Purchase microvax $ -0- $ 22,000 Operating System (Y2K compliant) 6,000 '0- Relational database (Y2K compliant) 17,200 '0- Relational database license (18 users) -0- 17,200 Cash interface program modification 8,000 8,000 Powerhouse upgrade 47,285 '0- Total one time costs $ 78,485 $ 47,200 Grand Total $147,88~5 $ 49,000 J A N 12 1999 EXECUTIVE SUMMARY PROJECT ASSIGNMENTS AND PRIORITIES FOR THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE IN 1999. OBJECTIVE: To provide the County Government Productivity Committee with a list of prioritized projects to be completed in calendar year 1999. CONSIDERATIONS: County staff developed a list of recommended projects for completion by the County Goven'krnent Productivity Committee in calendar year 1999. The list contains six projects and is attached as Matrix 1. The priority assigned to each project is a ranking assigned by the County Administrator. Matrix 2 lists the projects currently in progress. The Economic Development Plan project will be completed after the subcommittee attends the next Chairman's Roundtable hosted by the Economic Development Council, which is expected to occur the end of Janua~ 1999. The Purchasing System and Budget Process reviews were completed prior to 1998. The Productivity Committee will schedule follow-up meetings to review the progress of the implementation of their recommendations. Matrix 3 is a list of projects completed by the Productivity Committee in 1998 and is provided for your information. FISCAL II~IPACT: None. GROVfTH MANAGEMENT IMPACT: None. RECOMIMENDATION: Review the list of New Projects (Matrix 1) and make any changes as necessar)'. Approve the prioritized list of New Projects for completion by the Productivity Committee. PREPARED BY:Gary V'~ DATE: / ~__- nt, Senior Budget Analyst, Office of Management & Budget Michael Smykowski, Director, Office of Management and Budget Robert F.' Fernan'dez, Co.~fAdministrator ...... NAoGEN~A~-T~/I Pg. AGENDA ITEM -----: No. JAN !2 EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD TO CONSIDER A SETTLEMENT PROPOSAL IN CRUZ V. COLLIER COUNTY, CASE NO. 98-0040-CA-01-TB, NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA AND GIVE THE OFFICE OF THE COUNTY ATTORNEY AND THE RISK MANAGEMENT DEPARTMENT DIRECTION IN RESPONDING TO THIS SETTLEMENT PROPOSAL. OBJECTIVE: That the Board consider a settlement proposal from the plaintiff in Cruz v. Collier County, Case No. 98-0040-CA-01-TB, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County Florida and give the Office of the County Attorney and the Risk Management Department direction in responding to this settlement proposal. CONSIDERATIONS: Maria E. Cruz, currently an employee in the Collier County Code -'-- Enforcement Department, filed suit against Collier County and Richard R. Clark, the former Acting Community Development Services Administrator, on January 6, 1998. In her amended complaint, which was filed on or around August 14, 1998, Ms. Cruz alleges that the County is liable to her for sexual harassment under the Florida Civil Rights Act for alleged sexual harassment perpetrated upon her by Clark. She also makes the same allegations against Clark and further alleges that Clark is liable to her for battery and invasion of privacy. The case is now set for jury trial to begin during the 5-week trial period running from March 30, 1999. Discovery is ongoing although no depositions have been taken by either side. To date, neither Ms. Cruz nor the County have been able to locate Clark. A Clerk's entry of default has been entered against Clark and Ms. Cruz is now seeking entry of default judgment against Clark. It is estimated that at least 15 to 20 depositions will need to be taken to prepare for trial. Ms. Cruz proposes to settle the case in exchange for a payment of $45,000. Ms. Cruz would provide the County with appropriate releases, dismiss her claims against the County with prejudice and also agree to a reclassification from her current position as Licensing Compliance Officer to the more appropriate title of Code Enforcement Investigator. Based upon the Office of the County Attorney's understanding of the Florida Civil Rights Act, Ms. Cruz's potential damages would appear to be limited to $100,000. See Sections 760.11(5) and 768.28(5), Fla. Stat. Nevertheless, should she prevail at trial, she would be entitled to recover her attorney's fees and costs. In light of the extensive discovery that will need to be completed to prepare for trial and the likelihood the trial may last for four or five days, such fees could easily exceed $50,000. It is also estimated that the cost for preparation for trial of this c~ No._ - 1 ,.', ,:, 74 12 1999 pg. / .. $7,000 and $14,000. This estimate takes into account the need to depose the expert identified by Ms. Cruz who will testify as to Ms. Cruz's alleged psychological damages. This estimate also attempts to take into account the cost of consultants that may need to be retained by the County for trial preparation. FISCAL IMPACT: By agreeing to the settlement proposal, the fiscal impact on the County would be limited to $45,000 plus the minimal expenses incurred in the case to date, which are estimated to be less than $1000. Payment of the settlement would come from the County's Property and Casualty Fund No. 516-121650. If no settlement is achieved at this juncture, the ultimate fiscal impact to the County will be determined by whether Ms. Cruz prevails at trial. Those estimates are contained in the CONSIDERATIONS section of this Executive Summary. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board consider the settlement proposal of Ms. Cruz and provide direction to the Office of the County Attorney and the Risk Management Department in responding to that settlement proposal. Michael W. Pettit Assistant County Attorney REVIEWED ~ Date: BY~ , Director Risk Management Department APPROVED ~d_.~v_Zg~l/ ~.//~.~.~~' Date: 1)-- "_2 [ ' ~ County Attorney h :lit\Cruz-ExSum.0 112-mwp AGENDA ITEM No._ _'9';qL ,- 2 2 1999 Pg. ~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD CONSIDER BUT REJECT SETTLEMENT PROPOSAL FROM PLAINTIFF ROBERT P. RICHMAN IN THE LAWSUIT STYLED ROBERT P. RICHMAN K COLLIER COUNTY, CASE NO. 97-419-CIV-FTM-23, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, AUTHORIZE SETTLEMENT OF THE CASE IN THE AMOUNT OF $27,500 AND APPROVE THE REPRESENTATION OF THE INDIVIDUAL DEFENDANTS BY THE OFFICE OF THE COUNTY ATTORNEY. OBJECTIVE: For the Board to consider and reject a proposed settlement agreement to resolve the lawsuit styled Robert P. Richman v. Collier County, Case No. 97-419-CIV-FTM-23, pending in the United States District Court for the Middle District of Florida, authorize settlement in the amount of $27,500 in exchange for full releases and a dismissal of the lawsuit with prejudice and approve representation of the six individual defendants by the Office of the County Attorney. CONSIDERATIONS: Robert P. Richman, a former County employee in the County Facilities Management Department who was terminated on November 15, 1996, has now sued the County and six current or former County employees in the United States District Court for the Middle District of Florida alleging among other things that the County and the individual employees discriminated against him in his termination based upon his religion, a perceived disability, and violation of his first amendment rights to speak out on matters of public concern. In addition, Mr. Richman alleges in his lawsuit that the County violated the Public Employee Whistleblower's Act in terminating him and was negligent in its training, supervision and retention of employees. In September of 1998, Mr. Richman, through his counsel, tendered a settlement demand as follows: 1. Mr. Richman offered to dismiss his lawsuit with prejudice and provide releases to the County and all individual defendants in exchange for a payment of $265,958.90. 2. Altematively, Mr. Richman proposed to dismiss his lawsuit with prejudice and release all individuals and the County in exchange for which he would be reinstated and receive $150,000. ""' In view of the cost of continuing forward with this lawsuit, including the intangible cost of having numerous County employees unable to attend to their duties for sul ?t~,,,i,1 p,~,-i,,a~ ,,f time during the course of the litigation, the Office of the County Attor tey 1 j ;, : 112 1999 Ps. i Management Department recommend that the Board authorize settlement of this suit for $27,500. It is recommended that reinstatement not be considered as an option. More fundamentally, it would appear that the Board does not have legal authority to require the reinstatement of Mr. Richman. (See Section 2-78(c) of the Code of Laws and Ordinances of Collier County, Florida, which states in pertinent part: "County Commissioners shall direct or request the appointment of any person to, or his removal from, office by the County Administrator or by any of his subordinates, or in any manner take part in the appointment or removal of officers or employees in the administrative service of the County except as provided by this division." The exception to this provision appears to be the right of the Board to retain and employ its own staff and also to retain and employ its own legal counsel). At this time, the County Administrator does not recommend reinstatement of Mr. Richman. FISCAL IMPACT: Should the Board agree to settle this litigation for $27,500, that sum along with miscellaneous costs now totaling less than $5,000 would be the total financial impact to the Board assuming Mr. Richman accepts the settlement. The settlement funds would be paid from the County's Property and Casualty Fund No. 516-121650. Should settlement efforts fail and this case proceed to trial, the County would have exposure for back pay, front pay and compensatory damages as well as Mr. Richman's attomey's fees and costs. While it is impossible to estimate with complete accuracy because of the variables involved in compensatory damages and attomey's fees and front pay, it is possible that a recovery by Mr. Richman at trial could be in the neighborhood of the $265,000 settlement proposal. It is also possible, although highly unlikely, that a court could order that Mr. Richman be reinstated. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board authorize the Office of the County Attorney and the Risk Management Department to propose a settlement of this case to Mr. Richman in the amount of $27,500 and that the Board otherwise reject Mr. Richman's settlement demands as outlined in this Executive Summary. In addition, it is recommended that the Board approve the representation of the six individual defendants by the Office of the County Attorney. Assistant County Attorney "" REVIEWED BY: ~ Date:/t4'/~'//~Vj7 4'i'efef'Wafker AGENDA Risk Management Director No. c.4 ( ~x~M J 'A :t 12 1999 2 APPROVEDBY: ~ ~ ~ Date: David C. Weigel' ~ County Attorney h:lit\Richman-ExSum-Settlement-MWP 12 1999 ,,,5 EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD TO WAIVE THE PURCHASING POLICY AND AUTHORIZE THE OFFICE OF THE COUNTY ATTORNEY AND THE RISK MANAGEMENT DEPARTMENT TO SEEK AND RETAIN COUNSEL FOR EACH OF THE COUNTY EMPLOYEES SUED IN KLINGERMAN K COLLIER COUNTY, CASE NO. 98-492-CIV-FTM-23D, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA AND ALSO GIVE THE OFFICE OF THE COUNTY ATTORNEY AND THE RISK MANAGEMENT DEPARTMENT DIRECTION IN RESPONDING TO THE PLAINTIFF'S OUTSTANDING SETTLEMENT PROPOSAL. OBJECTIVE: For the Board to waive the Purchasing Policy and authorize the Office of the County Attorney and the Risk Management Department to seek and retain counsel for each of the County employees sued in the lawsuit styled Klingerman v. Collier County, Case No. 98- 492-CIV-FTM-23D, United States District Court for the Middle District of Florida and also give "" the Office of the County Attomey and the Risk Management Department direction in responding to the outstanding settlement proposal of Ms. Klingerman. CONSIDERATIONS: Resolution No. 95-632 sets forth the Board of County Commissioners' policy with regard to providing legal defenses and paying legal expenses of County staff in civil rights lawsuits. The County and three current County employees in the County Emergency Medical Services Department, Stephen Rockey, Jeff Page and Matt Vila, have been sued by Ms, Klingerman, a current Collier County Emergency Medical Services Department employee, in an action alleging sex discrimination, retaliation, conspiracy to violate civil rights, violation of the Public Employee Whistleblower's Statute and negligent supervision. The Office of the County Attorney recommends that each of the individuals sued be provided legal counsel in accordance with Resolution No. 95-632. Given that suit has already been filed and it is imperative that investigation into the complaint be commenced as soon as possible, it is also recommended that, based on emergency circumstances, the Board waive the Purchasing Policy to the extent it applies to procurement of legal services under Resolution No. 95-632 and authorize the Office of the County Attorney in conjunction with the Risk Management Department to seek and retain counsel for the three employees by the most expeditious means possible. This would include identifying attorneys who have experience in these matters and making contact with those attorneys to determine their interest, rates and capabilities and to hire the necessary attorneys in accordance with Resolution No. 95-632. In addition, the Office of the County Attorney and the Risk Management Department seek direction from the Board in responding to the plaintiffs settlement d ;m^.zd in this c.~,.. ' ~OG. EN~AS(~M' J :;I 12 lS99 Ms. Klingerman's current demand takes two forms. First, she agrees to settle this case for $30,000 with the provision that she may continue as a County employee and, if she decides to leave in the future, may reapply under the same terms and conditions as any other potential applicant for a paramedic or related position. Alternatively, Ms. Klingerman has offered to settle her claims for $50,000 and terminate her employment with the County and to not apply for any County employment in the future. FISCAL IMPACT: The hourly charges for most litigation attorneys who would be retained to represent the employees in this case could run any where from $125 to $165 per hour. Based on recent experience in another case, it is likely that the payment of outside counsel for the three employees will collectively exceed $50,000 if it is necessary to take this case through trial. In addition, there will be deposition costs and other costs that likely could run between $4,000 and $10,000. The funds to defray these attorney's fees and costs would come from the County's Property and Casualty Fund No. 516-121650. Should Ms. Klingerman prevail at trial, it is estimated her recovery would be under $100,000 exclusive of her attorney's fees and costs, which could run an additional $50,000. This estimate is qualified by the fact that there has been no discovery in the case to date and a complete investigation of her allegations cannot begin until counsel for the three employees is retained. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the retention of attomeys for each of the three individual employees sued by Ms. Klingerman and waive the Purchasing Policy and authorize the Office of the County Attorney and the Risk Management Department to seek and retain counsel for each of the three individual employees. It is further recommended that the Board provide direction to the Office of the County Attorney and the Risk Management Department as to a response to Ms. Klingerman's current settlement demand. Michael W. Pettit Assistant County Attorney tidYWalker - Risk Management Director ~~ 3.:,:t 12 999 REVIEWED BY: ~7~'~'~,>~-~ /d~;7:'c.! ,~, f ~"C Date: IJ-3c' - ~' ~eve C~ell y Purch~ing Director APPROVED BY: ~ C'j"~~qj~ Date: David C. Weirall /___,5 ' County Attorney h:lit\klingerman\exsum-mwp AGEND~A~ IF No._ ,ZP('_~,7' J ~ :'J 12 1999 OBJECTIVE: To appoint two members to fulfill the remainder of vacant terms on the County Government Productivity. Committee. CONSIDERATIONS: This committee is composed of 13 members, one of whom is the vice chair of the Board of County Commissioners. The remaining twelve 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. Resignations were received from Mario E. Delgado and Edward V. Ott. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Sharon M. Hanlon Attorney 5 yes none Judith E. McCaffrey Attorney 4 yes none Janet Vasey Financial 5 yes none COMMITTEE RECOMMENDATION: Judith E. McCaffrey, expiring February. 4, 1999, plus an additional 2 year term, expiring on February 4, 2001 Janet Vasey, expiring on FebmaD' 4, 2000 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint two members to fulfill the remainder of vacant terms and direct the County Attorney to prepare a resolution confirming the appointments. ~. Prepared By: Sue Filson, Administrative Assistant , Board of County Commissioners AGENDA ITEM Agenda Date: JANUARY 12, 1999 JAN 12 1999 Pcjo / ._ !-u ~V~el'l"lo DEC 0 8 19D~ ,~culrd of Counl;3 Corrmisslc, ner,~ To: Sue Fitson, Administrative Assistant Board of Coun~ Commissioners F ' =~joa~ Vi?cent, Senior Budget.& Management ~alyst, Re: Recommendation for Filling Two Vaunt Positions on the Commi~ee The Collier County Government Productivity Committee has reviewed three applications for the two vacant positions on the committee. The applicants were evaluated based on their potential contribution to the committee. The Productivity Committee has recommended the following applicants for appointment to the committee. Name Area of Expertise Judith E. McCaffrey Attorney - Corporate and Securities Law, 225 5'~ Street, S. Financial Transactions, Bank and Thrift Regulatory Law Naples. FL 34102 (For term expiring February 4, 1999) Janet Vasey Financial Management and Analysis, Budget Preparation, 4398 Longshore Way North Resource Allocation, Goal and Policy Development, Naples, FL 34119 Performance Measurement (For term expiring February 4, 2000) The following applicant was not recommended by the Productivity Committee. Name Area of Expertise Sharon Hanlon Trail Attomey, Plaintiffs Personal Injury Litigation 4555 Shearwater Lane Managing Partner Naples, FL 34119 All applications are on file in the Office of Management and Budget. Please call 774-8810 If you require additional information .... AGEND~' ITEM "' No.../,~7 _ JAN 12 1999 pg. ~Z, County Government Productivity Committee Name Work Phone Appt'd Exp. Date Term Home Pitone DateRe-appt 2ndExpDate 2rid Temn Charlie Moss 07/28/98 02/04/99 6 Mos. 990 Cape Marco Drive, Unit 607 389-0131 Marco Island. FL 34145 District: 1 Category: Mgmt & Marketing Wolfgang B.P. Schulz 07/28/98 02/04/00 1.5 Yrs 260 Lambton Lane 455-7909 Naples, FL 34104 District: 3 Category: Exec Mgmt & Financial Bill L. Neal 11/07/95 02/04/96 3 Mo. 3839 Clipper Lane 77445325 2/17/98 02/04/00 2 Years Naples, FL 34112 District: 4 Category: Retired Businessman John E. Stock'ton 11/07/95 02/04/96 2 Mo. 2230 RovaJ Lane 774-0002 2/17/98 02/04/00 2 Years Naples, PL 34112 District: 1 Category: Retired Businessman Mario E. DeI~ado ce-i,~ ," ',~' 3~~3 :3 ~ 09/16/97 02/04/99 v Years 3841 31st Avenue, S.'W. 455-0242 Naples, FL 34117 District: 5 Category: Economics/Business Admin. Robert M. Cahners 07/28/98 02/04/00 1.5 Yrs 4535 Lighthouse Lane 7934574 Naples, FL 34112 District: 4 Category: Property Mgmt & Bs Publishing Edward V. On ~:,~c-~F 01/28/97 02/04/98 1 Year 5912 Cranbrook Way H-206 775-0968 2/17/98 02/04/00 2 Years Naples, FL 34112 District: 1 Category: Attorney Friday, December 11, 1998 Page ~ of 3 N~ ~' i~ JAN 12 1999 pg, 3 ~ County Government Productivity Committee Work Phone Appt'd Exp. Date Term Name Hotne Phone DateRe-appt 2ndE.x~Date 2nd Term Edward T. Ferguson 02/28/95 02/04/97 2 Years 215 Silverado Drive 1/7/97 02/04/99 2 Years Naples, FL 34119 District: 3 Category: Business Mgmt/Education Karl J. Otto 11/07/95 02/04/96 3 Mo. 901 Collier Court, No. 5-201 642-3798 11/7/95 02/04/98 2 Years Marco Island, FL 34145 District: 2 Category: Retired Engineer Robert D. Laird 07/I 6/96 02/04/97 1 Year 1765 Cour~.'ard Way, #205-C 793-0933 1/7/97 02/04/99 2 Years Naples, FL 34112 District: 1 Category: Real Estate,rlnsurance William E. Ebben 12/09/97 02/04/99 1 Year 12254 Colliers Reserve Drive 592-1158 Naples, FL 34110 District: 2 Category: Corporate Executive Pamela S. Mac'Kie 774-8097 02/03/98 01/06/99 1 Year 3301 E. Tamiami Trail Naples. FL 34112 District: 4 Category: BCC Vice Chairman Designee Charles E. Getler 07/16/96 02/04/97 1 Year 6855 San Marino Drive 598-1860 1/7/97 02/04/99 2 Years Naples, FL 34108 District: 2 Category: Business Management AGENDA Friday, December 11, 1998 Page 2 of 3 JAN 12 1999 County Government Productivity Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2udExpDate 2rid Term This 13 member committee was created on 01/20/91 by Ord. No. 91-10 (amended by Oral. No. 93-13 & 96-10). The committee is composed of 13 members, one of whom is the vice chair of the BCC. 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. FL STA T: Staff.' Gary Vincent, Budget Analyst I1:774-8810 )friday, December l I , 1998 "' Page 3 of 3 AGE N~FpI/TJfiM NO._ - JAN 12 1999 pg. ~ MEMORANDUM DATE: October 26, 1998 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assist -- '--' 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'T PRODUCTIVITY COMM COMMISSION DISTRICT Sharon M. Hanlon 4555 Shearwater Lane Naples, FL 34119 Judith E. McCaffrev 225 5th Street. S. Naples, FL 34102 Janet Vase.',, 4398 Longshore Way North Naples. FL 34119 Thank you for your help. JAN 12 1999 Pg. ('_~ MEMORANDUM DATE: October 26, 1998 TO: GaD' Vincent, Budget Analyst II FROM: Sue Filson, Administrative Assistan 't,,~~ Board of Countv Commissioners RE: County Government Productivity Committee As you k_now, we currently have 2 vacancies on the above-referenced advisoD' committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for 3'our review as follows: Sharon M. Hanlon 4555 SheaBvater Lane Naples. FL 34119 Judith E. McCaffrev 225 5th Street, S. Naples, FL 34102 Janet Vasey 4398 Longshore Way North Naples, FL 34119 Please let me know, in writing. the recommendation for appointment of the advisor).' committee within the 41 day time-frame. 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 JAN 12 1999 LA'~A/OFFICES - . \~EG_A_, STAN'LE~', ZELI~A~' & HAN'LON, P.A. GEORGE VEGA. JOHN F, STANLEY + ~ ~0 ~ ~ ~GGO AIrPOrt ROAD SOUTH THEOgORE ZeLmAN ~ NAPLES, FLORIgA SHARON m. HANLON ' THOMAS J. WOOD ++ {~ TeLEPHONe TELECOPfe~ (~4I) 774-64~0 JOHN G. V~GA CONStANCE M. BURKE Of COUNSEL THOMAS R. BROWN - ,~o~,~.~= .... 19~ 1998 October 20, 1998 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples FL 34112 RE: Count' Government Productivity Committee Dear Mrs. Filson: I am interested in applying for one of the two vacancies for the above committee. I have enclosed my resume. I believe my past experience as managing partner for this law firm, founding President of the Collier County 'w omen's Bar Association and current President and long time member of the Women's Political Caucus enables me to meet the requirements for the above position. Please contact me at the above number if you need additional information. Sharon M. Hanlon SMH:jma JAN 12 1999 Pgo 2 SHARON M. HANLON Vega, Stanley, Zelman & Hanlon 2660 Airport Road South Naples FL 34112 (941 ) 774-3333 PERSONAL DATA: Marital: David B. Rawlings, Ph.D. Children: three- 2 daughters and a son Place of Birth: Minnesota EDUCATION: College of St. Catherine - St. Paul, Minnesota, B.A. Central Michigan University- Mt. Pleasant, Michigan, M.A. Thomas M. Cooley Law School - Lansing, Michigan, J.D. LEGAL EMPLOYMENT: Vega, Stanley, Zelman & Hanlon, P.A. 2660 Airport Road South Naples,-FL 34116 1992 to present Practice: Plaintiffs personal injury litigation, trial attorney William G. Reamon Law Office Grand Rapids, MI 49503 1982-1992 Practice: Plaintiffs personal injury litigations LEGAL ORGANIZATIONS: Florida Bar Association Michigan Bar Association American Bar Association The Academy of Florida Trial Lawyers Collier County Women's Bar Association, Founding President 1993-1995 Collier County Trial Lawyer's Section, member and Treasurer 1997-1998 Quality of Life/Stress Management o Florida Bar Association 1995-1997 Inns of Court, Collier County, Florida 1997-1999 OTHER ORGANIZATIONS: Women's Political Caucus Collier County, Board Member 199 -I Qci7 President 1998 NAo?~ JAN 12 1999 pg._ ~ __ Executive Board, Fort Myers/Naples Town Hall Series 1997-1999 Gulf Coast High School Advisory Committee 1997-1998 Citizen's Advisory Committee for N. Naples Fire Control and Rescue District 1997 Emergency Medical Services Advisory Committee, Collier County Board Member 1995-1997 Economic Development Corporation-Economic Foundation Committee 1997-1998 Collier County Guardian ad Litem Advisory Committee, 1995-1996 Women and Children's Steering Committee, Naples Community Hospital 1996 The Florida Head Injury Association 1995-1998 The Naples Press Club 1998 JAN 12 1999 pg o.~/__~2,~ MCCAFFREY & RAIMI, P.A. ~": · '! ,: ~ 5811 Pelican Bay Boulevard · Suite 206-A · Naples, Florida 34108 (941) 514-2800 · (941) 514-2777 (fax) mccaffrey@moneylaw.com (e-mail) www.moneylaw.com (web site) October 9, 1998 Susan Filson Board of County Supervisors 3301 E Tamiami Trail Naples, FL 34112 Re: County Government Productivity Committee Dear Ms. Filson: I would like to be considered for appointment to the County Government Productivity Committee. Enclosed please find a brief summary of my background as well as a more detailed resume. I would be happy to answer any questions that you may have regarding my background and qualifications. Thank you for your kind consideration to this request. Sincerely yours, a5 qlD,,z, AGENDA ITEM No / ~,~- JAN 12 1999 Sarasofa Office.' 1800 Second Street · Suite 753 · Sarasota, Florida 342.6 pg./[ (941) 957-0733 · (941) 957-0449 (fax) burt@moneylaw.com JUDITH E. McCAFFREY http://www.moneylaw.com/judith'index.html McCAFFREY & RAIMI, P.A. ATTORNEYS AT LAW JUDITH E. McCAFFREY McCaffrey & Raimi, P.A. 5811 Pelican Bay Boulevard Suite 206-A Naples, Florida 34108 941-514-2800; 941-5 14-2777(fax) judith~.rnonevlaw.corn Judith McCaffrev is a graduate of Tufts University and Boston University Law gchool. Prior to moving her practice to Florida. Ms. McCaffrev was a partner in a major Washington, DC lax,,' firm. Ms. McCaffrev also served as General Counsel of a $7.5 billion financial ins(itution for eight years and, earlier in her career, was a Senior Attorney with the Federal Deposit Insurance Corporation. Ms. McCaffrey's practice emphasizes commercial, securities and banking law. She is experienced in structuring, negotiating and documenting complex financial transactions, including public offerings and private placements of securities and mergers and acquisitions. On behalf of her clients, she has obtained numerous bank and securities regulatory approvals and exemptions. Ms. McCaffrey has an extensive practice representing financial institutions seeking to enforce loans against debtors and guarantors and is 'knowledgeable in the laws governing negotiable instruments. Ms. McCaffrey is a frequent lecturer on federal and state bank and securities laws. Recent articles she has authored include "Check Fraud: A Growing Problem for Banks and Businesses", January 1997, "Preliminary Merger Agreements: Letters of Intent", July 1996. and "Disclosure of PreliminarZv.' Merger Negotiations", February 1996. Ms. McCaffrey is an active member of the Banking Law Committee and the Federal Regulation of Securities Committee of the Business Law Section of the American Bar Association. She currently serves as the Vice Chair of the Financial Services Committee of the Business Law Section of The Florida Bar. Ms. McCaffrey is admitted to practice in Massachusetts, the District of Columbia and Florida. AGENDA I~M Click here for a detailed resume. No. [ Home I Firm I Banking I Mergers [ Securities I Contact ] © 1997 McCaffrey & Raimi, P.A. JAN pg. ! of I 10/8/98 5:15 PM EDITH E. McCAFFREY 5811 Pelican Bay Boulevard, Suite 206-A Naples, Florida 34108 (941) 514-2800 (941) 514-2777 (fax) mccaffrey@moneylaw.com (e-mail) www.moneylaw.com (web site) McCaffrey & Raimi, P.A., Naples and Sarasota, Florida: Shareholder, June 1992 to the present PROFESSIONAL POSITIONS - WASHINGTON, D.C. Powell, Goldstein, Frazer &Murphy Dechert Price & Rhoads Partner Associate April 1991 to June 1992 August 1978 to January 1982 Perpetual Savings Bank, F.S_B. Federal Deposit Insurance Corporation General Counsel Senior Counsel May 1983 to April 1991 January 1976 to August 1978 McKenna, Conner & Cuneo Sullivan & Worcester Counsel Associate January 1982 to May 1983 September 1970 to January 1976 PROFESSIONAL EXPERIENCE Corporate and Securities Law Prepare registrations statements, proxy materials, periodic reporting filings, applications for exemptions and requests for no-action letters. Advise and counsel clients on methods of accessing private and public capital markets. Extensive experience before the Securities and Exchange Commission and before the federal banking agencies regulating the securities activities of financial institutions. In depth knowledge of general corporate law including the laws governing officer and director liabili~'. Financial Transactions Primary. responsibility for the formulation and implementation of complex financial transactions, including mergers, acquisitions, charter conversions, sale of assets, organization of new banks, formation of thrift and bank holding companies, mortgage-backed securities offerings, loan participation sales, and public and private equity and debt offerings. Extensive experience in negotiating terms of transactions, drafting and reviewing documentation, evaluating financial statements, securing requisite corporate and governmental approvals and resolving legal issues. Bank and Thrift Regulator-/Law Specialized knowledge of the laws and regulations governing the activities of banks and thrift institutions and financial institution holding companies. Have obtained numerous federal bank regulatory approvals and exemptions on behalf of clients. Knowledgeable regarding the standard of conduct a ~plicable to officers and directors of regulated financial institutions. Represent clients in enforcemenl 7 JAN 12 1999 EDUCATION Legal: Boston University School of Law, J.D., 1970 College: Tufts Universi~', B.A., 1966 PROFESSIONAL ACTIVITIES American Bar Association Banking Law Committee Federal Regulation of Securities Committee The Florida Bar Business Law Section Vice-Chair, Financial Services Committee, 1998-present Collier County Bar Association District of Columbia Bar Member, Board of'Governors, June 1981-June 1985 Federal Bar Association Banking Law Committee, Executive Committee Member, 1985-1991 Florida Bankers Association, Associate Member Bank Inhouse Counsel GroUp, 1984-1991 Collier County Women's Bar Association President, 1997-1998 Women's Bar Association of the District of Columbia President, 1980-198] CIVIC ACTIVITIES Economic Development Council Business Retention and Expansion Committee International Business Development Chamber of Commerce Growth Management Committee Leadership Collier, Class of 1998 Zonta Club of Naples Member, Board of Directors, 1994-1996 Chair, Service Committee, 1994-1996 2 JAN 12 1999 F'go /f/7/ _ RECENT SPEECHES American Bankers Association/George Mason University, Bank Counsel School, "Managing Outside Counsel and Controlling Legal Fees", June 1992 The Florida Bar, Continue Legal Education Committee and Financial Institutions Committee, "Truth-in- Savings and Affiliate and Insider Transactions", October 1992 Savings and Community Bankers of America, Management Conference, "Independent Audit Requirements under FDICIA", April 1993 The Florida Bar, Continue Legal Education Committee and Financial Institutions Committee, "Fraudulent Conveyances - New Developments", November 1993 Florida Bankers Association, CEO Round Tab]e, "BIF/SAIF Merger", September 1995 American Bar Association, Business Law Section Spring Meeting, Co-Chair of Program: "Financial Crimes Against Businesses and Financial Institutions", March 1996 Community Banks Merger and Acquisition Forum, Firm Co-Sponsor with Keefe, Bruyette & Woods. Palm Beach Gardens, Florida, September 1996 Seminar on Insurance Sales by Banks, Firm Co-Sponsor with Community Bankers of Florida, Tampa. Florida, May 1998 PUBLICATIONS 15 Point Compliance Plan, American Banker Conference (1989) FDIC Guidelines for an Environmental Risk Program, The Quarterly Report (Spring 1994), a publication of the Business Law Section of the Florida Bar Disclosure of Prelimina~' Merger Neaotiations, Vault & Gavel, a publication of the Florida Bankers Association (Spring 1996) Prel imina_ry Merger Agreements: Letters of Intent, CFO Alert, a publication of the American Banker (July 1996) Check Fraud - A Growing Problem for Banks, Vault & Gavel, a publication of the Florida Bankers Association (Spring 1997) BAR ADMISSIONS Massachusetts 1970 District of Columbia 1972 Florida 1991 NAo~~ 3 JAN 12 1999 Memo . To: Sue Filson, Administrative Assistant Board of County Commissioners Fporn: Gary Vincent, Budget Analyst II, Staff Liaison to the Productivity~mrr~{~e Date: September 28, 1998 Re: Application for Vacant Position on the Productivity Committee I've received the attached resume from Janet Vasey as application for one of the vacant positions on the Productivity Committee. Please include her resume with the group of applicants. Thank you for your assistance and please call me at ext. 8810 if you have any questions. JAN 12 1999 Janet Vasey J~! _ ~i:;= 4398 Longshore Way North · Naples, Florida 3411 Phone: 598-4378 · Fax: 598-4326 September 23, 1998 Dear Gary, As we discussed last week, I would like to be considered for membership on the Productivity Committee. I've included a copy of my resume and I would be available for an interview, at the convenience of the Committee. Thanks for your help. Sincerely, ~sey JAN 12 1999 Janet H. Vasey 4398 Longshore Way North · Naples, Florida 34119 Phone: 598-4378 Community Involvement Greater Naples Civic Association (GNCA) -- Vice President Second District Association -- Director Republican Executive Committee -- Precinctwoman Women's Republican Club -- Newsletter Editor, Former Secretary Precinct Clerk for Collier County elections Collier County Commission Ad Hoc Budget Process Review Committee -- Chairman Taxpayer Action Group -- Former Treasurer Longshore Lake Residents Association -- Transition Committee, Former Chairman, Finance Committee Work Experience Department of the Army -- 20 year career as a civilian Held a variety of financial management positions performing · budget preparation and resource allocation · funding policy and mobilization planning Concluded career as Director of Program Analysis, working for Assistant Secretary of the Army for Financial Management · identified major Army goals and objectives · monitored performance in attaining objectives · presented quarterly review to senior Army officials Was awarded Decoration for Meritorious Civilian Service Education B. A. in Economics from Rice University · Graduated phi beta kappa, cum laude M. A. in Public Financial Management from American University Graduated from the Industrial College of the Armed Forces (Military senior service school) Certified Financial Planner (CFP) Personal Seven year resident of Collier County N JAN 12 1999 OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on December 31, 2002, on the Library Advisory Board. CONSIDERATIONS: The Library Advisory Board had 2 terms expire on December 31, 1998, representing Commission District 1 and District 3. This 5 member board advises the Board of County Commissioners on the operations and proposed budget for the Collier County Library System. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Sydney S. Mellinger District 1 1 yes LAB Sabina Musci District 3 3 yes LAB & GGBAC COMMITTEE RECOMMENDATION: Sydney S. Mellinger - re-appt Sabina Musci - re-appt NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (2) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived". According to available records, Sydney S. Mellinger has served 2 terms. Should the Board wish to re-appoint Ms. Mellinger, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment; appoint 2 members to 4 year terms; waive section 7(b)(1 ) of Ordinance No. 86-41 for Ms. Mellinger; and, direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JANUARY 12, 1998 AGEf'li)A t JA;I I2 1999 Library Advisory Board Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExT~Date 2rid Term Sabina Musci 643-2324 12/13/94 12/31/98 4 Years v/ 4470 32nd Avenue, S.\x,;. Naples, FL 34116 District: 3 Category: Sydney S. Mellinger 06/04/91 12/31/94 4 Years 1200 Ludlam Court 642-0633 12/13/94 12./31/98 4 Years .-'/ Marco Island, FE 34145 District: 1 Category: Diane Williams 06/17/97 12~~31/00 4 'Years Rt. 9 Box 18 657-4171 Immokalee. FL 34142 District: 5 Category: Jaculyn K. Dering 12/22/92 12/31/96 4 Years 6508 Thomas Jefferson Court 592-0180 1/14/97 12/3t/00 4 Years Naples. FL 34108 District: 2 Category: Doris J. Lewis 403-6702 01/14/97 12/31,O0 4 Years 94 Second Street South 261-8754 Naples. FL 34102 District: 4 Categom. ': This 5 member committee was created by Ord. No. 88-71 to advise the Board of County Commissioners on the operations and proposed budget for the Collier County Library System. Members are composed of 5 members representing the 5 commission districts. Members are required to file a Form I Statement of Financial Interests each year with the Supervisor of Elections. Terms are 4 years. Staff.' John Jones, Library Director: 774-8486 AGENDA ITEt'I 'r,,..,,.y. s,,, zT, ,97 ~.,g, ~ ofz ~ JAN 12 1999 Pg.~ e®eeeee®o®®eeeeoe oeeeeeoeoo®® o e®e®4 Library Advisory Board Collier County Public Libra~ 650 Central Avenue Naples, ~ofida 34102 December 9, 199~ De~ ~. Filson: ~e Libr~ Advisory Bo~d met today and unanimously reco~ends the reappo~tment otSydney S. Mell~ger ~d Sab~a Musci to the Libr~ Advisor, Bo~d. Both have made tremendous contributions to the libr~ies o~ Collier Coumy. T~ you for yo~ a~ention ~ t~s ~er. S~cerely, Jacul~ K. Der~g. Cha~ o~Libr~ Adviso~ Bo~d MEMORANDUM DATE: November 23, 1998 TO: ' ' ' an[~ FROM: , ssist 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 advisor),' committees. Please let me know if those listed below are registered voters in Collier Count>'. Also, please list the commission district in which each applicant resides. LIBRARY ADVISORY BOARD COMMISSION DISTRICT Sydney S. Mellinger 1200 Ludlam Court Marco Island, FL 34145 Sabina Musci 4470 32nd Avenue, S.W. Naples, FL 34116 Thank you for your help. JAN 12 1999 Pg, ,~ ..- ,, ; MEMORANDUM DATE: November 23, 1998 TO: John Jones, Library Director RE: Library Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Sydney S. Mellinger 1200 Ludlam Court Marco Island, FL 34145 Sabina Musci 4470 32nd Avenue, 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 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 jAN 12 1999 RECE VEE) Sydney S. Mellinger 1200 Ludlam Cou~ · Mar~ Island, Florida, ~145 .... Novemir 3, 199g Mrs. Sue Filson, Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Mrs. Filson: Thank you for advising me that my term on the Library Advisory Board expires December 31, 1998. Although I have already served two terms on the Library. Advisory Board, I have decided to apply for a third term. I am doing so at the request of members of the Board of County Commissioners as well as that of Thomas W. Olliff, Public Services Administrator. My updated resume is enclosed. Outside of my work with the LAB, I am active on Marco Island. I serve as Finance Chairman and Treasurer for Wesley United Methodist Church where I also serve as Chairman of the Garden of Memories. I am presently coordinating a two year project for the Calusa Garden Club to develop a calendar of landscaping advice for newcomers to the area. I am also a graduate of Leadership Collier Masters II. I continue to be vitally concerned about library service in Collier County. I am a strong advocate for quality library service and support the Commissioners' efforts to continue to improve the level of such service. We still have a long way to go before our library system will qualify as one of the best in Florida, but, thanks to the continuuing support of the Commissioners, we are getting there. I believe that my past accomplishments in the library field can still be of use in reaching this goal. It is imperative to obtain a proper level of financial support to accomplish it. Impact Fees x~ill not last forever and I believe it is essential to begin moving more of the materials funding away from Impact Fees and over to Ad Valorem taxes. I fully recognize the significance of such a move, but, if done slowly and faithfully, it should not create an undue burden on the taxpayers. I was actually appointed in May of 1991 so I completed my predecessor's term. If the BCC so chooses, this might allow reappointment without waving any existing ordinance. Sincerely yours, Sydney S. Me ger JAN 12 1999 Sydney S. Mellinger 1200 Ludlam Court Marco Island, Fi., 34145 941-642-0633 Library Advisery Board Experience: Appointed to Library Advisory Board June 4, 1991. Reappointed January 1, 1995. Served as LAB representative for the computerization of CCPL. Rewrote all Board policies, revised existing By-Laws to conform with Collier County ordinances, reviewed and revised all fines and fees. Was elected Vice-Chairman in July, 1992. Was elected Chairman in February, 1993 and served as Chairman until July, 1998. Under my leadership meetings followed printed agendas and Library Advisory Board members received specific assignments. Commissioners are kept aware of all LAB concerns including the significant problem of Books Per Capita. Designed and developed the first orientation seminar for new LAB members. In 1993, at the request of the County, I reviewed all applications for the position of library director and was the first non-County individual to serve on the search and interview team. I spent three months working with staff on time studies and Output Measures prior to submitting a detailed analysis on the needs of the Collier County Public Library to the Board of County Commissioners. Many of my recommendations have now been incorporated into the day-to-day operations of the .library. All of this was done without remuneration. I took an active role in promoting the regional library concept now adopted by the BCC. I have encouraged closer cooperation with the Friends organization and have given library promotional speeches as requested. In 1997 I received the first Exceptional Service Award 'ever given by the Friends of the Library of Collier County. Library Experience: Lake Forest Library, Lake Forest, Ii., 1968-1988 Title: Administrative Librarian, Jan. 1978 to April 1988. Responsibilities: Administration of the library under the direction of the Board including overall direction of the 43 member staff, collection development, preparation of the annual budget and all pertinent financial records, and supervision of all building projects, both new and remodeling. Additional accomplishments: Was responsible for development of four successful project proposals for Revenue Sharing Funds. Developed and implemented a grant from the Illinois Humanities Council for a project which accumulated written, oral, and pictorial information on architecturally important buildings in the community. Successfully oversaw the transition of the library to computerized circulation, cataloging, database searching and use of public microcomputers. DevelOped the Long Range Plan of Service and a plan of maintenance for the building and grounds. Founded the Friends oT started the annual book sale, now in its 25th year. AGEND~ IT M JAN t 2 1999 Library System Service: Served as President of the CCS (Cooperative Computer System), a group of 23 public libraries. With this same consortium, I 1) chaired the OCLC/Innovative Interface Task Force, 2) was a member of the Long Range Plan & Technology Committee, 3) was a member of the By-Laws and Policies Committee, and 4) chaired the Contract Renegotiation Task Force for computer service from the vendor. Was a member of the University Press Books for Public Libraries Committee cf ALA 1984-1986. Served as Chair of the Zone 5 legislative tree for North Suburban Library System. Was President of LACONI (Library Administrators Conference of Northern Illinois) in 1983-1984. Was a member of RLAC (Regional Librarians Advisory Council) Board, 1979-1982. Have authored articles on cooperative library development and spoken publicly on long range planning and cost cutting as effective tools for libraries. Earlier EmplQyment: I shall be glad to provide information if requested. Bucknell University, B.A. Political Science 1952 Rosary College, M.A. Library Science 1968 Academic Honors: Beta Phi Mu, international library science honorary. Phi Sigma Alpha, political science. honorary. Master of Arts, Cum Laude. Personal: Married, three children, five grandchildren. Born August 14, 1931. Have owned property on Marco island since 1979 and moved here permanently in June, 1988. Organized and enlarged the library of the Art League of Marco island. Member of and past Treasurer and also First Vice-President for the Calusa Garden Club. Finance Chairman, as well as Treasurer of Wesley United Methodist Church. I am a member of the American Association of University Women, Friends of Collier County Public Library, both parent and Marco chapter, Marco Bay Yacht Club, and Marco Yacht and Sailing Club. Favorite activities: Reading and travel, any time and any place. AGEN_,N/~,~EM --~ No ,~ JAN I 2 1999 RECEIVED NOV I IS 19~8 SABINA A. MUSCI 4470 32nd Avenue SW Bosrd of CounU Comisstom- Naples, FL 34116 November 6, 1998 Ms. Sue Filson Collier County Government Complex 3301 Tamiami Trail East Naples, FL 34112-4977 RE: Library Advisory Board Dear Ms. Filson: Pursuant to your letter of October 28, 1998 I would like to be considered for another term on the above referenced Advisory Board. Attached please find my updated resume. Very truly yours, Sabina Musci Attachment AGEND~ I M JAN 12 1999 L SABINA A. MUSCI 4470 32nd Avenue SW Naples, FL 34116 941/455-8386 Experience 1997 - Present Administrative Assistant, Kensington Golf and Country Club: Planning and Development Department and Golf Course Operations Prepare letters and reports for the Director of Planning and Development for Kensington Park and Wilshire Lakes Subdivisions, and the Golf Course Superintendent of Kensington Golf and Country Club. Receive all phone calls, process contractor/consultant/vendor invoices, schedule appointments, prepare expense reports, coordinate meetings, and order supplies. I attend all Architectural Review Board (ARB) meetings for Kensington Park and Wilshire Lakes, prepare all ARB forms, accept all plan submittals and maintain ARB files. My responsibilities also include preparation of Master Association forms and correspondence and maintaining Master Association files. 1996 - 1997 Secretary, Parks, Bennett and Stewart Responsibilities included preparation of correspondence, legal documents (wills, trusts, tax forms, etc.); managing trust checking accounts; maintaining appointment calendar; and screening phone calls. 1995 - 1996 Secretary, Cheffy & Passidomo, P.A. As Secretary to one of two Firm Partners I was responsible for the following: prepared correspondence, reports, leases, contracts, agreements, etc.; maintained appointment calendar; screened phone calls; made travel arrangements; entered attomey's time sheets into accounting program; and maintained Firm library. I also maintained records and files for Firm matters as well as the various governmental and civic organizations in which my employer was actively involved. 1982 - 1995 Administrative Assistant, Coastal Engineering Consultants, Inc. Responsibilities as an Administrative Assistant included the following: prepared/composed various responses to clients, attorneys, banks, and governmental agencies for the Civil Engineegg Division; prepared reports, specifications, assessments, etc. for submission to clients and various agencies; maintained project files, agency files, employee insurance files and company library; processed invoices for the Civil Engineenng Division consisting of time sheet entry, manager report review and monthly billing; scheduled/coordinated work between the Engineering Division and other company departments, i.e., Coastal, Survey, Appraisal, Environmental and Drafting; attended meetings when necessary. 1980 - 1982 Secretary, Hole, Montes& Associates, Inc. As Secretary to the Vice-President I performed many of the clerical duties mentioned above as well as making travel arrangements, screening phone calls, and maintaining an appointment calendar. 1977 - 1980 Secretary, Collier County Board of Commissioners This position consisted of all the basic clerical responsibilities including typing, filing and receptionist duties. As Secretary to the Personnel Director, I also processed/maintained insurance and worker compensation claims for all Collier County employees; artended meetings representing the personnel director; interviewed applicants; and participated in the establishment of an employee pay plan by interviewing County personnel and preparing job descriptions. , JAN t 2 1999 F'g, iJ. zL----- Education B.S. Elementary Education, St. John's University, New York M.S. Early Childhood Education, St. John's University, New York Honors Who's Who Among American Colleges and Universities Memberships Collier County Library Advisory Board Golden Gate Median Advisory Committee Kappa Beta Gamma National Sorority - Alumnae Association, 1972 - 1980 Police Athletic League - Cheerleader Advisor, 1977 - 1982 American Business Woman's Association, 1983 - 199l Collier County Young Republicans, 1985 - 1987 1999 EXECUTIVE SUMMARY REVIEW OF THE FOUR-YEAR REPORT OF THE AFFORDABLE HOUSING COMMISSION OBJECTIVE: For the Board of County Commissioners to conduct the scheduled four year review of the Affordable Housing Commission. CONSIDERATION: Ordinance 86-41, as amended by Ordinance 92-44, requires that advisory boards be reviewed by the Board of County Commissioners every four years. Specifically, Section Nine of Ordinance 92-44 reads that on or before January 15, the Chair of the Affordable Housing Commission shall submit to the County Administrator a report for the purpose of evaluating the effectiveness of the Board and to determine whether to continue, abolish, consolidate, or modify the Board for the ensuing four years. The ordinance specifies that the advisory board chairperson make an oral presentation based upon a written report submitted to the County Administrator. The report shall address the following: 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; and 7. The cost, both direct and indirect, of maintaining the Board. FISCAL IMPACT: Annual costs for assisting the Affordable Housing Commission are approximately $6,300 per year. The total includes support staff (salaries and benefits), copying, and mailing costs. JAN 12 1999 GROWTH MANAGEMENT IMPACT: The Affordable Housing Commission functions as a technical advisory group that counsels Collier County staff regarding the development and promulgation of affordable housing throughout the county as required by the Housing Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners review the Affordable Housing Commission report and endorse the Commission's continuance in order to meet the objectives of the Growth Management Plan - To create an adequate supply of decent, safe, sanitary, and affordable housing. SUBMITTED BY: jasohl~fit;d~C, Manager Date: (.; [!/( ..,':',':' Departme _, Housing & Urban Improvement / ' /2 KEVmWED BY: _,//'~,~ -./(~.j-'~:..-"T..,; Date: Greg Mi~ali~, DireC"tor APPROVED BY: · 'V~int'X Cautero, AICP, Administrator Community Development & Environmental Services JAN 12 1999 REVIEW OF THE AFFORDABLE HOUSING COMMISSION Prepared by the: Department of Housing & Urban Improvement Division of Community Development & Environmental Services Collier County Government For: The Affordable Housing Commission of Collier County December 10, 1998 JAN 12 1999 INTRODUCTION The purpose for the review of the Affordable HouSing Commission is to evaluate the effectiveness of the Advisory Board and to determine whether to continue, abolish, consolidate or modify the Board for the ensuing four years. Ordinance 86-41, as amended by Ordinance 92-44, requires that advisory boards be reviewed by the Collier County Board of Commissioners every four years. Ordinance 86-41 as amended also requires the Collier County Administrator to provide the Board of County Commissioners with a copy of the Advisory Board°s report and any comments he/she may have concerning the report. The Board of County Commissioners, upon review of the report, may request the formation of a subcommittee, consisting of three members of the Board of County Commissioners to review and determine as to whether the Advisory Board shall continue in its present capacity. At the conclusion of this review, the Board of County Commissioners shall determine whether to continue, abolish, consolidate or modify the Advisory Board for the ensuing four years. A major function of the Affordable Housing Commission is to assist County staff and provide recommendations on the various strategies, policies, and goals as specified in the Housing Element of the Collier County Growth Management Plan. The Affordable Housing Commission has dedicated itself to the creation and promulgation of affordable housing in Collier County. 1 JAN i 2 1999 HISTORY On April 4, 1989, the Board of County Commissioners adopted Resolution No. 89-87, creating the Affordable Housing Task Force. The task force was to serve as an ad hoc committee for a period not to exceed one year. Just prior to the sunset of the Affordable Housing Task Force, a final report was issued by the committee recommending the creation of the Affordable Housing Commission as a permanent advisory board. ENABLING AUTHORITY Ordinance 91-65 created the Affordable Housing Commission. It provides for appointment and composition; sets forth the terms of office; provides for the removal of office; provides for officers and rules for procedure; provides for reimbursement of expenses; sets forth the functions, powers and duties; sets forth the duties of the Director of the Department of Housing & Urban Improvement and the Director of Community Development for the City of Naples; provides for the review process; provides for conflict and severability; and provides an effective date. MEMBERSHIP The Affordable Housing Commission is comprised of nine members, of which five members are appointed by Collier County and four appointed by the City of Naples. The Commission is comprised of members from the development community, affordable housing providers, financial institutions, realtors, and legal professionals from both the incorporated and unincorporated areas of the county. The Commission has experienced little difficulty in locating qualified individuals desiring membership on the Board. Recently, on November 24, 1998, the Board of County Commissioners re-appointed Mr. Mark Lindner and appointed Ms. Christine Chesser to the Affordable Housing Commission. The current Chair is Mrs. Joan Walsh Gust. STAFF SUPPORT AND RELATED COSTS The Department of Housing & Urban Improvement is assigned the responsibility of providing technical support to the Commission. The approximate cost of support to the Commission is $6,300 per year. The total cost includes personnel salary and benefits ($5,600), mailing ($100), and copying ($600) costs. JAN I 2 1999 2 ACCOMPLISHMENTS 1. Commission members traveled to Tallahassee and made themselves available to speak on the advantages of providing affordable housing to all residents of the county. Board members of the Florida Housing Finance Corporation, and staff from the Department of Community Affairs heard from our commission members. 2. The formation of an information-sharing and common-goal partnership between the Commission and the Affordable Housing Advisory Committee of the Economic Development Council of Collier County, Inc. The casual partnership is working together to further the goals of the Housing Element of the Collier County Growth Management Plan. 3. Creation of a slide presentation and computer-aided graphics that emphasize affordable housing opportunities and iljustrates the need for affordable housing in Collier County. Bankers, developers, government officials, etc., are groups who can benefit from the facts contributed in the presentation. The Board of County Commissioners and local federal representatives will be invited to a luncheon in 1999, hosted by the Affordable Housing Commission, where the presentation will be displayed. The public is encouraged to contact county staff or a Commission member to schedule a presentation 4. Assisted the Community Housing Partnership of Collier County, Inc. with technical support and legal advice. Community Housing Partnership is a Community Housing Development Organization (CHDO) that recently purchased a twelve (12) unit rental complex in East Naples and offers the apartments to low income residents. 5. Organized a letter-writing campaign to the Florida Housing Finance Agency in an effort to ensure Collier County's eligibility for guaranteed loans. As a result of the letter-writing and telephone calls, Collier County was designated a "preferred county." With the help of state funding, the Collier County Finance Agency was able to fund three affordable housing projects. 3 JAN .1. 1999 REVIEW OF THE BOARDS Ordinance 86-41 as amended in Ordinance 92-44 requires that the Chair of the Affordable Housing Commission also address the following points: 1 .) Whether the Board is serving the purpose for which it was created. ~ Since its inception, the Affordable Housing Commission has served the purpose for which it was created under Ordinance 91-65 and continues to investigate other options for the benefit of affordable housing, and expand its scope and vision. The functions, powers, and duties of the Commission, as written in the Ordinance, are as follows: A. The Commission shall monitor the implementation of the Affordable Housing Task Force's recommendations and the goats, objectives, and policies of the Housing Element of the Growth Management Plan of Collier County. B. The Commission shall investigate the feasibility of tax increment financing for infrastructure for site development of affordable housing for low income households. C. The Commission shall develop means or mechanisms to encourage a voluntary program in which realtors, and others holding deposits such as escrow accounts of earnest money deposits or security for rentals would deposit these in a selected bank where such bank would contribute to the Housing Trust Fund, 'a gift calculated on the average for the month. D. The Commission shall investigate a plan for any linkage and inclusionary zoning recommendations. E. The Commission shall review and determine the effect of proposed ordinances on affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council. F. The Commission shall investigate any other relevant areas so directed by the Board of County Commissioners 2.) Whether the Board is adequately serving the current needs of the community. ,~- There continues to be a demand for affordable housing within Collier County. The Affordable Housing Commission is examining the existing market and reviewing possibilities for the attraction of affordable housing to the county. Impact fee relief, -. property acquisition, and NIMBYism are three issues that the Corf mi.~inq i~T ~ - currently investigating. The Commission meetings are open to the aubli~S~0L 'JAN 12 1999 4 members encourage input from the citizens of the county. Suggestions and comments from the public are reviewed, discussed, and forwarded to county staff, lenders, builders, etc., in an effort to ameliorate any problems or concerns that may exist. 3.) 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. .r The Affordable Housing Advisory Committee of the Economic Development Council of Collier County, Inc., has entered into a partnership with the Commission in an effort to jointly address affordable housing issues within the county. The two groups are the only two advisory groups in the county whose primary responsibility is the creation and/or provision of affordable housing opportunities to all residents of the county. 4.) Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. .r Ordinance 91-65 allows the Board to function properly and no amendments are recommended at this time. 5.) Whether the Board's membership requirements should be modified. .r Ordinance 91-65 and amended Ordinance 86-41 provide adequate membership requirements and no amendments are recommended at this time. 5 JAN 12 1999 OBJECTIVE: To appoint 3 members to serve 4 year terms, expiring on December 31,2002, on the Parks and Recreation Advisory Board. CONSIDERATIONS: The Parks and Recreation Advisory Board has 3 terms expiring on December 31, 1998, representing Urban and Immokalee categories. Representation on this board consists of 1 member from the Immokalee Community Park District, 1 member from the Marco Island Community Park District, and 5 members from the Naples and Urban Area Community Park District. This 7 member board advises the Board of County Commissioners on matters pertaining to the acquisition, development and programs involving the County's park facilities. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Edward R. Olesky (re-appt)Immokalee 5 yes PARAB &Lake Trafford Lisa H. Barnett Urban 4 yes none Karin E. English (re-appt) Urban 4 yes PARAB & CATF COMMITTEE RECOMMENDATION: Edward R. Olesky - re-appt. Lisa H. Barnett - new appt Karin E. English - re-appt. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 3 members to 4 year terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: January 12, 1998 JAN 12 1999 MEMORANDUM DATE: December 22, 1998 TO: Sue Filson, Administrative Secretary FROM: Jacquie Hart, Secretary II RE: PARAB Recommendation Sue, The Parks and Recreation Advisory Board met on December 16, 1998. At their regular meeting and made a recommendation to approve the following applicants for the Parks and Recreation Advisory Board position: ~. Karin English 2. Edward "Ski" Olesky 3. Lisa Barnett If there are any questions please do not hesitate to e-mail or call me at 353- 0404. Thank you. JAN 12 1999 F><:jo Parks and Recreation Advisory Board Work Pitone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term John Grice 12/16/97 12/'31/01 4 Years 326 Charlemagne Boulevard, I204 774-5517 Naples, FL 34112 District: 1 Category: Urban Edward Olesky 05/26/98 12./31/98 Months 6001 Lake Trafford Road 657-2401 Immokalee, FL 34142 District: 5 Category: Immokalee Joseph D. Zaks 263-8898 03/23/93 12./31/94 2 Years 4841 Shear%vater Lane 592-5140 1/14/95 12/31/98 4 Years ,-/" Naples, FL 34119 District: 5 Category: Urban Daphne Bercher 261-6909 08/26/97 12/31/99 2 Years 3800 Estero Bay Lane 774-3181 4 Years Naples, FL 34112 District: 1 Category: Urban Gil C. Mueller 02./15/94 12/31/95 2 Years 541 Blackmore Court 39zi-9444 11/14/95 12./31/99 4 Years Marco Island. FL 34145 District: 1 Category: Marco Island Timothy M. Blackford 261-4446 01/07/92 12/31/93 2 Years 276 Madison Drive 565-9121 12/16/97 12,/31/01 4 Years Naples, FL 34110 District: 2 Category: Urban Karin E. English 05/26/98 12/31/98 Months 3823 Tamiami Trail East, #421 643-9606 Naples, FL 34112 District: 4 Category: Urban Parks and Recreation Advisory Board Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning acquisition, development and programs involving parks and recreation facilities in Collier County. Membership consists of 1 member from the Immokalee Community Park District, 1 member from the Marco Island Community Park District, and 5 members from the Naples and Urban Area Community Park District. Terms are 4 years. FL STA T: Staff.' Maria Ramsey, Parks and Recreation Director: 353-0404 JAN 12 1999 ECENED MEMORANDUM DATE: November 23, 1998" Vjne]l Hills, Elections OE~ce . i RE: Voter Registration - Advisory. Board Appointments The Board of Count), 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. PARKS AND RECREATIONS ADV BD COMMISSION DISTRICT Edward R. Olesky 6001 Lake Trafford Road Immokalee. FL 34142 Lisa H. Barnett (-7 1105 Royal Palm Drive Naples. FL 34103 Karin E. English 3823 Tamiami Trail East, Suite 421 Naples. FL34112 /.SLf~- 5atCf'd,/[F Thank you for your help. AGENDA No._/~Z_~EM . JAN I 2 1999 MEMORANDUM DATE: November 23, 1998 FROM: " Board of County Commissioners RE: Parks and Recreation Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Edward R. Olesky 6001 Lake Trafford Road Immokalee, FL 34142 Lisa H. Barnett 1105 Royal Palm Drive Naples, FL 34103 Karin E. English 3823 Tamiami Trail East, Suite 421 Naples, FL 34112 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 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 J A N 12 1999 JAN 12 1999 Pg, ? ~ Edward R. Olesky 6001 Lake Trafford Road lmmokalee~ FI. 34142 Commissioner Barbara Berry 3301 Tam~ami Trail E. Naples, Fl. 34142 Dear Commissioner Berry, I wish to be re-appokrted to the Parks and Recreation Board. I am in the middle of my learning curve and feel I can make a difference. I sit on se~,~al boa, the Main Street, The Chamber of Commerce, and as suck feel I have an insight to the o~rall direction 'd'at Immokalee needs to go. Recreation is one of the keys to a sense of well being not only for hxtuzokalee, but all of Collier County. I hope you will recommend retaining me for the new term. 6001 Lake Traffdrd RcL Immok-alee, FL 34142 AGEN I M JAN 12 1999 TREISER, KOBZA & VOLPE, Cx-rrt~. RECEIVED ~,~o..~s ~'~ ~_*~ NOV I 7 ~223 Lisa H. B~en Rich~d Shapack 0+ Thom~ A. Collins, II ~ ~e No~hern Trust Building of coun~ FiEge~dA. Fnter +o 4001 Tamimi Tr~l Noah B0aFd 0~ COU~ty C~j S: ~;S~TS Kent A. Johnson · Suite 330 · Also ad~tted in Iowa Catherine E. ~don ~m Pa~ck Kobn 0 Naples, ~ofida 34103 ~ Also a~itted in Mic~g~ Smley J. Lie~ub %lephone (941 ) 649-49~ * Also a~d m New York C. Rich~d M~cini ~ Also a~d in Ken~c~ And~w H. Reiss Fax (941 ) 649-0823 ~ A]so a~tmd in New Je~ey Rich~d M. T~iser Internet Address: , Bo~d ~ed T~ AReracy C~stopher T. Vernon www. tkvnaples.com Michael ]. %i~ + November 16, 1998 Via Facsimile 774-3602 and Regular U.S. Mail Board of Count), Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Re: Application for Appointment to Parks and Recreation Advisory Board Dear Ladies and Gentlemen:' Please accept this letter as an application for an appointment to the Collier County Parks and Recreation Advisory Board. I have enclosed a brief resume, which outlines my occupation as an attorney, as well as the civic activities that I currently participate in. As a native of Naples, I feel that I have a vested interest in the Collier County Parks and Recreation Facilities. I grew up in our parks and now would like the opportunity to return something to this County and this community which has given so much to me. I am confident that I am qualified to serve on the Advisory Board and my expertise as a land use attorney would allow me to bring a legal, as well as a practical perspective to the decisions and issues that confront the Advisory Board. I would appreciate the oppommity to serve and to help ensure the continued quality, use and expansion of our parks and recreation facilities and systems. Thank you for your attention and consideration. Lisa'V'~H,2~ e-mail: lhbametlttkvnaples.com ,.,,,..,.,,.,.,.. JAN 12 1999 LISA H. BARNETT Home: Office: 1105 Royal Palm Drive 4001 Tamiami Trail North Naples, Florida 34103 Suite 330 643-9703 Naples, Florida 34103 649-4900 Occupation: Attorney at Law 1996-Present Treiser, Kobza, & Volpe: Chtd. ' Naples, Florida Practice primarily in the areas of Land Use and Environmental Law and Community Association Law; also practice general transactional law with a background in litigation. Education: University of Richmond School of Law 1993-1996 Richmond, Virginia Academic Honors: Graduated magna cure laude Class Rank 2 out of 164 Member: McNeill Law Honor Society Syracuse University 1987-1991 Syracuse, New York Major: Journalism Bachelor of Science, 1991 Community Vice-President, Collier County Women's Bar Association1998-1999 Service and Civic Activities: Secretary, Collier County Women's Bar Association 1997-1998 Board of Directors, Collier County 1998-1999 Women's Political Caucus Board of Directors, Children's Advisory Board 1998-1999 Mentor, Quest for Kids 1996-present Attorney Co-Chair, Collier County Mock Trial 1997-present Competition Board of Directors, Law Related Education Association1996-present JAN 12 1999 Pg ..~--.~-/__.,,._-- NOV 13 1998 J' \'rivetuber 1 2~ ~s Sue Filson Administrative Assjslanl Collier County Board of County Commissioners Na31es, I Florida 3J 112 ~: Parks and Recreation Advjson-Board i am writing to apDly for reappointment to the Parks and Recreation AdvjsoU, Board. My talent te~ expires December 3 I, 1998. Attached is my resume to be considered ibr artoffset term Should X'ou hax e anx' questions or comments, please call (941 ) 643-9~06 Sh~cerelv. JAN 12 1999 pg. _,Z// K::rin E. EpgJish 7927 T::;::w,,::; Tr?t[ E;:st S,,!,,tc 42 ! :,;ap!cs. F!orzd:: :4! !2 PROFESSIONAL EXPERIENCE Pink .leep CommurUcatior~s-~ Creatiorm. dex clopment. prOdtlCtiOll Of arls.colllllltllll[~. education. and entertainment prqlccts inclu~ng audio. film. television. theatre and xidco prqiccts. 1993-Present Managing Partner BackStreet Entertainment Group, LLCa Entertainment public relations. marketing. business dewlopmcnt and management and contract negotiations s!~ns. music. arts industries. television svndication. I')')¢~- 1~)')~ President KEE Properties of lnc/KEE Pro~nics of Virginia. Inc Media cons~ ~i ng. dcvelopmcnl. managemen!. markel and ox~ norship focusing on the broadcast industD 19Eg- ] ')9~} Vice Prcsidcn t/Panncr ' arts "-~ Entcrtammc;~t ;llarliellllE alld ........... KEE Pubiic gciauons, MaFkctmng & Media Management Political. m~oll-pro{]t. sD~. cntc~a~nmc~t media management. Media creation. production. piaccmcnt Ccicbrltv pcrsonat sen races. 198()- 1985 Ox~ncr SparUe Studio Productions:~ Creative consultation to mtmic~palitics. Dlitical candi~tcs. advc~iscrs. co~rat~ons. Radio. television and print dcx cbpmcnt. production. t977-1')8~ Founder-Executive Dircctor/~vncr MultiCultural Television Council.s/For Kids Onh,.o Organize. manage Congressional/community lobby for children's television programs. Radio. television nradnction/~ndicalian children '~ nrogramming AG'F'ND~/~'~H JAN 12 1999 ,J ~3. ORK EXPER!ENCE tx~:H.,. Ter'~porar> o' V;.u'ious cusionicf al~d adnHnishatix c scfx ices and [ i 981 - i')86 Facuitx/?rofessor ] Columbia College ~ Executive administraUxe dunes. College iex ei insln~ction. counseling and development. lnslmct~on Iocused on all medKL 19~2- lq83 lnsm~ctor Rax Vogue School of Design Taught communications s~lls to fashion. merchandismg students 1977-Present Frcehmce Writer/'Critic/CohHnnisL'Edilor Research. x~riIc articles For xarious publications. 1976-I97X Freelance Writer,"~dx enising Consultant WrHc supe~'isc retail nnd nc~ product media 1{)7~- 1~)7,', C'npx ~ ritnr/prnH~ ~nnr Nccdh:mL Hair & Stcers~DDB Ncedb,~m~ Wertd,.,.~d~ ~7~ ")7c rlj¢,~,' ~ .....~ RC.'pO'isA~}C :%r p;i~scii~cr uu Hu~ t ,n~u , ~t,. i:;72- ;,;7~ Kindcr~:~rtcn Teacher ~sszsumt ~ibtKlucrquc ~tlbiic Schoois Rcspolls~Ol¢ {br grox~ tiL insinaction. dcx dopmcnt oI"ch~idrcn [ l~(3~- ~)7C1 Adx.'crt~s~ng .~ss~slant [ Rhodes Department Store [ ~SSiSt x~,ith in-house advertising campaigns. layout. design. placement 1966- t)(>8 Writer Model Cities Nexvs Re,net/editor for communitx based nex~spa~r. JAN 12 1999 CO M M UN !Tx,'/BOARD EXPE R!EN C E i~i~d FoGtball ~.ssGciatic~n Illinois Bell TclephGne .~d','iso~, D .... A [:i", '.'Lff'..~"; .....U .~ y,.,~u ............. T.rncr groadcasnng S, slcms ]~ ,~ ,d? ,,'~t_i!,~U,, . ._ National Black Media Coalition ",, , 'cs%L p~atiuit Action fo~ Childi'cH's Television ; - Lr-Lmcago chapter Urban League-Chicago Chapter Literacy Voiuntccrs of ~mcrica. inc. Chicago/2<ationai Associatmn for Black journalist MuitiCuimrai Tcicvision Council Citizens Commntce on the Media Cot tier Cou nt~ Black Affairs Adv~ soB' Boar~ (ne~ i3 eiccte~ I EDUCATIONAL EXPERIENCE Present Providence Bible College Biblical Studies 1983-1985 Northeastern University' h~blic Relations/Marketing Study Program 1981 - 1983 DePaul Universil~ Mass Communicatmns Program Study OTHER EDUCAT]ON/TR:,~iN iN(; i' 7~ Granismansi~lp FoundatioF~ Grant pro[Bsal research. x~ riUng and l't~ndriHs~i~ CAREER ANJ p__ERSON_A_L GOA__L To lix c each da\ in Spirit and Truth through opportunities provided for the betterment of hunlankind rising n;.ltur:.ll and lcarncd talGnts, skills and experiences. I REFERE,%~(.'E¥ A I';41LABLE ON REOL'EST AGENDA,_ ITEM JAN 12 1999 OBJECTIVE: To re-appoint 2 members to serve 4 year terms, expiring on October 1,2002 and 1 member to fulfill the remainder of a vacant term, expiring on October 1, 2001 on the Lely Golf Estates Beautification Advisory Committee. CONSIDERATIONS: The Lely Golf Estates Beautification Advisory Committee had 2 terms expire on October 1, 1998 and 1 member resign. This 5 member committee assists and advises the Board of County Commissioners in handling matters pertaining to the beautification taxing district. The district was created by referendum vote on November 4, 1986, for the purpose of beautifying and maintaining the median strips of the streets and other public area within Lely Golf Estates. Applicants must reside within the boundaries of the municipal service taxing unit. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Ellcry J. LePain (re-appt) n/a I yes Lety GolfEst Beau Adv Comm Robert J. Weyers (re-appt) n/a 1 yes Lely GolfEst Beau Adv Comm William C. Erickson n/a 1 yes none Sandra L. Emerick n/a 1 yes none COMMITTEE RECOMMENDATION: No recommendation due to a lack of quorum Ellery J. LePain - re-appt. Robert J. Weyers - re-appt. William C. Erickson - new appt Sandra L. Emerick- lives outside the district FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, reappoint 2 members and appoint 1 member to fulfill the remainder of the vacant term, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JANUARY 12, 1999 S . _ JAN 12 1999 Pg, Lely Golf Estates Beautification Advisory Committee t~rk Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Ellen, J. LePain 09/27/94 10/01/98 4 Years 228 lSebble Beach Circle 774-2601 Naples, FL 34113 District: 1 Category: Robert J. Weyers 02./11/92 10/01/94 2 Years 109 Big Springs Dri've 793-1147 9/27,'94 10/01/98 4 Years Naples, FL 34113 District: 1 Category: George C. Pearson 10/01/87 10/01/89 2 Years 158 Pineburst Circle 775-3355 10/28/97 I0/01/01 4 Yeass Naples, FL 34113 District: 1 Caregot3': Robert C. Cole 12/17/91 10/01/93 2 Years 30I Forest Hills Boulevard 10/28/97 10/01/01 4 Years Naples. FL 34113 District: Category: vacant 01/04'94 10/01,/97 4 Years Naples. FL 34113 District: 1 Categon.,: This 5 member committee was created by Ord. No. 87-69 to prepare and reocmmend an itemized budget for the Lely Golf Estates Beautification Municipal Service Taxing Unit and aids and assists the Board of County Commissioners in carrying out the services of the taxing unit. Members must reside within the boundaries of the municipal service taxing unit. Terms are 4 years. Staff.' Thursday. October 30, 1997 Page I of l P9._ RECEIVED MEMORANDUM DATE: December 17, 1998 TO: Sue Filson, Administrative Assistant Board of County, Commissioners FROM: Russell Muller, Engineer II ,~'x--'~ Transportation Services Department SUBJECT: Lely Golf Estates Beauti~cation Advisory Committee The Lely MSTU Advisory Committee is unable to make a recommendation regarding the application for William C. Erickson for lack of a quorum. Two members have indicated a desire to be re- appointed, which would still leave a vacant position. In essence, there is one opening and one applicant and I am sure the committee would welcome another member. RM/scjrnemo erickson.doc cc: Edward J. Kant, P.E., Transportation Services Director File: Lely Golf Estates MSTU JAN 12 1999 Pgo , ~ DEC " .... , ,-- MEMORANDUM 8~rd of Coun.C/Cc~Ta~fss~one,, DATE: December 17, 1998 TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Russell Muller, Engineer II Transportation Services Department SUBJECT: Lely Golf Estates Beautification Advisory Committee The application from Sandra L. Emerick was well-received by the Lely MSTU Advisory Committee. How'ever, Ms. Emerick lives outside the MSTU boundary, and she is therefore ineligible to serve on the Committee. I am returning her letter to you. RM/scjmemo emenck.doc cc: Edward J. Kant, P.E., Transportation Services Director File: Lely Golf Estates MSTU JAN I 2 1999 December 17, 1998 Ms. Sue Filson, Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, FI_ 34112 SUBJECT: Lely Golf Estates Beautification Advisory Committee Reappointment Dear Ms. Filson: Pursuant to your August 7, 1998 letter, subject above, I am asking the Board of County. Commissioners to consider re-appointing me to the Lely MSTU Advisory Committee. My r~sumd remains the same, with the exception that I am more familiar with the people and the processes of the Committee. Sincerely, f~~.f Robert Weye~rs ~ JAN i 2 1999 December l I, 1998 136 Pebble Beach Circle Naples, FL 34113 Board of County Commissioners Collier County Offices ATTN: Sue Filson 3301 E Tamiami Trail Naples, FL 34112 Subject: Lely Beautification Advisory, Board --.-- I would like to considered for the open position on the Lely Beautification Advisory Board. I have been a resident of the Lely area since 1987 and a past member of the Lely Homeowners association. Past experience includes a four year term on the Emergency Medical Advisory Board. Your consideration would be appreciated. 7~ '~.., 5 JAN 12 1999 MEMORANDUM DATE: September 28, 1998 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assistant Board of Count3' Commissioners ~ RE: Voter Registration - Advisor>, 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. LELY GOLF ESTATES BEAUT ADV COMM COMMISSION DISTRICT Sandra L. Emerick l 8107 Palomino Drive Naples, FL 34113 Thank vou for )'our help. NoA.GE,N/~TM JAN 2 19 9 MEMORANDUM DATE: October 26, 1998 L'. '- . _.~ TO: Vinell Hills, Elections Office A~t z " -" FROM: Sue Filson, Administrative ss's an' 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 advisoD' 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. LELY GOLF ESTATES BEAUT ADV COMM COMMISSION DISTRICT Ellcry J. LePain 228 Pebble Beach Circle Naples, FL 34113 Thank you for your help. AGEND JAN 1 '2 't999 MEMORANDUM DATE: October 26, 1998 TO: Russ Muller, Engineer II i RE: Lely Golf Estates Beauti~cation 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 ser3/ing on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Ellery J. LePain 228 Pebble Beach Circle Naples, FL 34113 Please let me 'know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summar3.' for the Board's consideration. Please categorize the applicants in areas of expertise. If you have an3' questions. please call me at 774-8097. Thank you for }'our attention to this matter. SF Attachments JAN i 2 1999 FILE No.al6 10/23 '98 13:36 ID:CC TRANSPORTATION FAX:??a 5375 PAGE 1 JAN 12 1999 MEMORANDUM DATE: September 28, 1998 TO: Russ Muller, Engineer II Transportation Department ~ FROM: Sue Filson, Administrative Assistant ,' Board of Count>, Commissioner RE: Lely Golf Estates Beauti~cation Advisory, Committee As vou 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 a resume for consideration. I have attached the resumes received for your review as follows: Sandra L. Emerick 8107 Palomino Drive Naples. FL 34113 Please let me know, in wTiting, the recommendation for appointment of the advisor>., committee within the 41 day time-frame, and I will prepare an executive summar}: 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 August 3 l, 1998 Sandra L Emerick 8107 Palomino Drive Naples, Florida 34113 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34113 RE: Lely Golf Estates Beauti~cation AdvisoD' Committee Dear Mrs. Filson, Please accept this letter as a request to serve on the Lely Estates Beauti~cation Advisory Committee. I have been a resident of Palomino Village located in Lely Resort for the past ~'o years and have a keen interest in the community.. I have worked with Architects color coordinating communities in New Jersey and have many years' experience in planned communities. My current employment is with the Clerk of Circuit Courts Finance Department. Most of my spare time is spent on home decorating and yardwork. I am creative and objective. It would be my privilege to serve on this very important committee. Thanking you for your consideration to this matter, I remain, Sincerely, Sandra L. Emerick JAN 12 1999 Sandra I,. Emerick 8107 Palomino Drive Naples, Florida 33962 (941) 417-0766 MANAGEMENT...FINANCE/ACCOUNTING Highly motivated , self-starter , strong analytical, organizational and communication skills. Ability to work well in fast-Faced and changing environments and meet deadlines. Very effective trainer and team builder. AREAS OF EXPERIENCE/EXPERTISE Cost Accom~ting Budgeting Auditing P & L Staff Recruitment/Training Cross Functional Teams Policies/Procedures Time Management Cash Flow Analysis Forecasting Management Cost Effective Strategies EMPLOYMENT IllSTORY WITtt SELECTED ACCOMPLISHMENTS PENN MAID FOODS, INt; , I'hiladelphia, Pa. 1994-1996 Trade/Marketivg Analyst repm ring tn Director of M~rketmg * Prepared $23MM sales budgt;t with de~aih.,l assail<is l~y inuduc~/by period/by account resulting in realislic sales goals and objectives. * Developed sales aganda formats, brand reviews, prt,u,etlorm] analysis, sales c,~mparisons & ranking reports resulting in enhanced information for sab's d,,ectors and owners. * Analysis for m~rketing, spending & promotional costs resulting in more effective spending. BI:.ST I'OODS BAKING GROUP, Mt. Laurel, NJ 1983-1994 Operations Manager reporting to Vice President of Finance * Ileld total eperatioval management and t'mancial responsibility for 14 wholesalerships with arereal sales of $19MM. Supervised 245 distributors. * Developed a $40MM sales budget wi~h detailed sales and financial data and prepaxed monthly a analysis for budget vs. aGual Vs forecast. District sales managers utilized information to formulate objectives and goals to meet or exceed sales quotas. . Dramatically reduced commission expenses by $1.5MM and achieved 0% exp }_ ~ _ Xf~ ' ' ' ' ~[5 ......TE and/or wrile-nffs By developing ~d monitoring off-line systcms. NO · .. JAN 12 1999 Pgo EMPLOYMENT HISTORY WITH SELECTED ACCOMPLISHMENTS CONTINUED BEST FOODS BAKING GROUP, Mt. Laurel, NJ Continued: 1983-1994 Operations Manager reporting to Vice President of Finance * Reduced overtime expenses by $140,000 annually by maximizAng staff productivity. Accomplished this by initiating and developing training programs, instituting troubleshooting meetings and developing dearly deemed policies and procedures. * Established a perpetual inventory control program for supplies valued at $400,000. Significantly reduced shrinkage. * Captured net sales data for 245 distributors for tax reporti~g purposes by initiating, developing and implementing an off line system utilizing LOTUS 1-2-3. Dev,Aopcd a tracking systctu for promotior~! sales w~'::.t. )4tided accurate and readily accessible information utilized for forecasting and budgeting. * Formulated and continually updated job descriptions for management and staff which best aligned with individuals' skills and interests. Developed highly motivated and effective teams. * Streamlined operations which resulted in increased sales by directing depot managers to enforce start times for each distributor. MEDFORD VILt. AGE COUNTRY CLUB, Mealford, New Jersey 1577-1983 General Manager/Controller * Reduced food costs by h~.stituting inventory control system, cost analysis procedures and menu planning. * Reduced operational cost on golf course by instituting a maintenance program for all equipment and purchasing in quantity for best pridng and fmas~cing. =r.U~ · 'r,r~N BACHELOR OF SCIENCE/BUSINESS ADMINISTRATION Accounting...Management AMERICAN INTERNATIONAL COLLEGE, Springfield, MA COMPUTER S. KIL!:$ LOTUS 1-2-3, Chartmaster, Spaceman Freelance, Word PROFESSIONAL/COMMIINITY AFFILIATIQNS Member: West Jersey ttealth Foundation, ALS Foundation N , _ ff ,, JAN 12 1999 2 Pg' /~S~-- EXECUTIVE SUMMARY APPOINTMENT OF MEMBERS TO THE WORKFORCE DEVELOPMENT BOARD, REGION 24. OBJECTIVE: To obtain Board approval for the appointment of 3 members to the Workforce Development Board, Region 24, previously known as the Southwest Florida private Industry. Council. Inc., Sen, ice Delivery Area #20. CONSIDERATIONS: An interlocal agreement among Collier, Charlotte, Hendry, Glades, and Lee Counties designates the Collier County Board of Commissioners to confirm appointments to the Workforce Development Board, Region 24, from nominations submitted by organizations according to the Job Training Partnership Act. This board is a partnership between business, labor, education, community, and government services to ensure that a skilled workforce is available to the regional economy it serves. The Workforce Development Board, Region 24, is composed of 45 members representing the private sector, education, organized labor, rehabilitation facilities, community based organizations, economic development and public employment service. The Board also oversees and provides policy guidance for programs funded through the Job Training Partnership Act (JTPA). A list of the current membership is attached for your review. Mr. Joseph Paterno, Executive Director for the Workforce Development Board, in a letter dated December l g, 1998, has requested confirmation of the following appointments: 3 year terms: representing the private sector of Collier County: William Blevins, Vice President - First Union National Bank John Wiest, Vice President of Finance, NCH Health Care System Thomas Riley, President and Owner - Thomas Riley's Artisans Guild FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners confirm the recommendation for appointments to the Workforce Development Board, Region 24, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson Date: January 12, 1999 AGENDA ITEM No./xPrr .. Pg' / .. WORIKFORCE DEVELOPMENT BOARD REGION 24 24311 Walden Center Drive Suite 200 Bonita Springs, Floricla 34134 ' .... ~cc;, 941-992-8000 Fax 941-948-3359 Steve Personette, President Joe Paterno, Executive Director December 18, 1998 Commissioner Barbara Berry, Collier County Board of Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Commissioner Berry, On behalf of the Southwest Florida Workforce Development Board, Inc., I am submitting for your concurrence the following three individuals for appointment to the Workforce Development Board, Region 24: 1) William Blevins, Vice President, First Union National Bank 2) John Wiest, Vice President of Finance, NCH Health Care System 3) Thomas Riley, President and Owner, Thomas Riley's Artisans Guild The above nominees will serve on the Board for three year terms, and represent the private sector of Collier County. Your concurrence of these appointments would be appreciated. Sincerely, 51oe Paterno . irector JAN 12 1999 JP/elm F~LE No.293 ~2/29 '98 18:3~ [D:~DRKFORCE DEV BOARD F~X:94~ 948 3359 P~GE ~ FAX TRANSMISSION SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, IN(~. 24311 WALIII~.N {'tENTER DRIVE, SLIITF. 200 BONI'rA SPRINI';S, FL 34134 (941 ) 9q2-8000 I,'A x: (941 ) 948-33S9 I )ale: I)¢c. 24.1998 '1'~: Sue I"ils.n Collier County ( I"nm~: ( '.ar~dyn K line ibr Pagen 8 c, mnting this PAX sheut. Re: ln~brmation requested on · (jcncra] dcscriptio|T ofl~t~ard responsibilities; · I~-equiremenls lbr mcn~hership ~m Workthree I)¢veltqm~ent I{egion~d l loards (~tl,~o cal led Jobs & I",ducalion Partnership [}cmrds) · I.ist oCcurrun[ members by c~mnty. Please call if you need ~difional inlbrmation. No.~ ,~_y/~ ~ JAN 12 1999 FILE No.293 12/29 '98 18:31 ID:WORKFORCE DEV BOARD FAX:941 948 3359 PAGE 2 SOt;THWEST I"[,OItlDA WORKFORCF, DEVI;;L(}PMI,;NT BOARD, IN(.:. 'l l'tu s~ml hw~.sl Florida Work fi~rce Development rhmrd is a p~nnership he~cef~ business, labor, cdt~cal uC~llllllUtfily, alld g(}vel'zlllleRt servi¢es. ll was created in 1996 [o unsure thai n skilled w(~l'kfi}rcc Is available t~ Ihc regitmal economy il: serves. The Southwesl Florida I~oard is ¢cm~prised ~fi'nl~mhers fi't>~rx Chtu'h~tc, Ccfilicr, ( iladus, Helldry, and I,~ Couztli~s, Over 5()% of'the Haard's appointees are privat~ busincs~ 'l'hc ['l~uffd is also ill1 iuteBral p~rl of Enterprise Florida, an umbrella t~rgani~li~n with r~.~pensilfilil.y I.'lorida's ectmom ic devcl~pment. Wgrkiugj~fintly wil h service tu't~viders a.d uommunil~ Ic~d~rs, the I]~mrd co~rdinnte~ ¢mpic~y~ placement, training, guidance and funding ot'pro~mns which supporl l~>ur integr:uud cc>mp~ments: . (')he-Steep Career (',~nters. C:un~munity (~areer and Semite (Tenters in lhe Regh,~n ensure dmt ~vgO' emplt~ycr seekur ht~ "one-stop" l~ccess t~ a wide range or' ~mploym~nt, education mui se~Nicus. The Cemers ar~ de~ignud to be u~ur-~'iendly and support wnrkfi~rc~ nued.~ by providing a variety of' subices l~>r ~ntployers and job s~ekel's · Welf~rc-tt~-Wtn'k 'l hc wclfi~re refi~rm program in Fhn'ida, WA(H,',S (Wt~rk trod (ilti~ EcCm¢~mic Sufficiency). ends em itlement, requires w~rk and suppCu'rs individual responsilfilily. 'l'hc Hoard, as admini~mttive ~nlity fbr Ihe WAGI,'.$ Ccmlititm in Region 24, works wfih ii~ member~ to identi~ and provide activities and .~ervices which enable w~ll~lre re. cipicnL~ t~ ;ain the .i{~b skills needed tn enler employment. The Board also manages rhc tCFitmal Wel thrc-to- Work Fcde~ u l tm ~gram Ibr erigih le pmlieipants who need additional pr~parat in t~rder tn tibiain emplc}yment ;rod ecollolilic seltLsu~ciency. lilting incentives and tax credits encmu'a8~ eml~l~yers tt~ participate in th~ program~ and gain productive empl~yees. · School-t~-C'areers This is the R~gion'.~ youth and ntlu lt work /brce education strategy tbr c~ordinaring education, and lhe ctnnmunity h~ support sluclents in achieving long-term career ensuring that [t~e workti~rc~ is prelmr~d with academic and occupational skills ~quir~d success_ The Schonl-to-Car~ers strategy promoles the li~rmation of h~c;d partnerships between schools and btlslllcs~es as an invesmmnl in tbture wm'kplace [,~ductivil) and cumpetitivoness. · High SkillsA-li~h Wage Jobs 'l'his iniliativc aligns oducalion and redoing programs with exisling high-vtdue Region 24, encmu'aging the preparation of a skilled and competitive worklbrce. The Rnard works closely with area employers, public and private education and ~'aining pmviders and econom it: development to idm~ti~ occupations forcc~st~d for higher earn logs, growfil, and slabili/y. The Board also oversees and provides policy guidane~ for proSrnm~ ~nd=d through the Jt,b 'l'rmuing Padnerlhip Act (JTPA). Programs Ihnded/hr~mgh JTPA provide ~mploylll~nt and training activilies and services fbr resideub or' the ~ve-cmmly m'ea who are e~p~ri~ncing unusual barriers to employm~nl and pre[mr~ them Io compete in the employment mark¢. 12 1999 FILE No.293 12/29 '98 18:32 ID:WORKFORCE DEV BOARD FAX:941 948 3359 PAGE 3 jOBS AND EDUCATION PARTNERSHIP RF, GIOINAL BOA_R1) President of the Corrm~uniry College ., Presiden~ of University Private Certi ticate or Diploma 'Institution Private Degree Granting InStitution Superintendents of Schools 15% Orgaz:ized Labor or Community Based Organizations 'Economic Development Directors Vocatior,,al Rehabilitation Health & Rehabilitative Services Jobs & BenetXts 5 l% Business Representatives ;" 45 TOTAL BOARD JAN 12 1999 P g' FILE No,293 12z29 '98 18:32 ID:WORKFORCE DEV BOARD FAX:941 948 3359 PAGE 4 WORK FORCE DEVELOPMENT BOARD REGION 24 (2HARI.,O'I'I'E COUNTY MEMBERS Mr. DonAshley Mr. Bryan I,aneuville 360 East Olympia Avenue Slar Punla Gorda, Florida 3),95(i 525 Bowman Terrace Port Charlotte, Florida 33953 94 1-639-6o00 941-039-6115 94 1-629 5fi55 941-624-524 ! Dr Max Schmidt Ms PeggieWillis ('harlone Counly School Charlotte (~oumy EDC 1445 Education Way 04 1-(' Tmniami Trail i~orl Charlolte, Flt~rida 33948 Pc~rt Charlotte, Florida 33953 941-255-0808 94 1-255-7571 941-627-3()23 941-627-6314 JAN 12 1999 FILE No.293 12/29 '98 i8:32 ID:WORKFORCE DEV BOARD FAX:941 948 3359 PAGE 5 WORKFORCE DEVELOPMENT BOARD REGION 24 COLI,IER COIIN'FY MEMBERS Ms Catherine Etterman Mr. Jack itumphrey 14.521 Aeries Way Drive S. IL. IPM Forl Myers, Florida 33912 3903 Enterprise Avenue 94 ! -643-0919 941-643-7462 Naples, Florida 34104 941-64-1-2(}20 94 [-643-2708 Dr. Ter-B,, Mc Mahan Ms. Susan Peregis International College EDC oFCollier County 2654 Tamtaint Trail Earl 3050 N. Horseshoe I)r.. Suile 120 Naples, Florida 34112 Naples, Florida 34104 94 1-774-4700 941-774--45c-)3 941-26.1-8c)89 941-263-6021 Mr Tony Roberts Mr. Frank RodriSuez I) A Roberrs &Company 1st National Bank of'Naples 382 Broad Avenue Soul h 900 Goodlell e Road North Naples. Florida 7t4 i 04 Naples. t:lorida 34102 94 1-261-2424 041-261-5709 cJ41-435-7635 941-262-5203 *Dr Dan White (Interim) Dr. David Flaldaia C'c~llier County Public Schocfi t,orenzo Walker Institute of Technology :1710 Estey Avenue 37~12 I!stey Avenue Naples. FIc~rida 34104 Naples, Florida341 041-643-2700 941 -(~43 -5043 041-643-09 i 9 94 1-643-7462 FILE No.293 12/29 '98 18:32 ID:WORKFORCE DEV BI321RD F~X:941 948 3359 P~GE 6 WORKFOR(~E DEVEI,OPMENT BOARD REGION 24 (;LAI)ES/HENDRY (;O!;NTY MEMBERS Mr Gary (:lark Dr t';d Upthe~,rove Glades CounTy School I)islrict Hendry Coutny School I)islrict P(~sl OIl'iCe Box 4~9 Post Oilice Box 198(] Moore I !aven, l;Iorida 33471 LaBelle, f,'lorida 33935 941-946-2(j83 941-946-1520 941-902-4244 941-674-4(]90 Mr. Roherl ('oker Mr. David I,yons t; S Sugar Corporation I.yons Printing Post Oilice Box 1207 Post Oilice Box 516 Clewislon, Florida 3344f1 ('lewiston, FIo6da 33440 041-983-8121 941-983-9827 941-983-6753 94 1~983-26()7 Mr. Michael Vinmn, ,St Mr. Sonny Willtams Glades F-leclric ('.ooperaJive Post Office Box 2277 Post Office Box 519 I,aBeile, Florida 33975 """ Moore Haven, Florida 33471 94 1-675-7039 800-226-4024 941-946-0824 _p, . JAN 12 1999 ,.,,,j FILE No.293 12/29 '98 18:32 ID:WORKFORCE DEV BOARD FAX:941 948 3359 PAGE WORKFORCE DEVEI,OPMEN'I' BOARD RE{;ION 24 I.EE COUNTY BOARD MEMBERS Ms. !.iz Alpen Dr. Gary t].onvillian !laader North America C'.orporation College c}l' Business 12780 Westlinks Drive 105t)l FGCI.~ Boulevard Fort Myers, F'lorida 33913 I.'ort Myers. Hodtin 33965-6565 941-561~3600 941-768-813b 941-590-7315 941-590-7330 Mr. Joe P, rown Ms. Fran Gibbons 'rriniW ('ontrucfion & I)evelopmenl Children & Family Services Post Office Box 150234 2295 Vicloria Avenue, 2nd Floor Cape Coral, Florida 33015 Fort Myers, I"lorida 33901 94 1-332-2822 941-3 .t 8-1443 I)r Ikucc I latter Ms. Karcn Hawes l.ee ('ounly School Board Lee COttory Community Action Agency 2055 ('enual Avenue 83 Pondella Road. Suite I:tn't Myers, Florida 33901 North Forl Myers, |:torttin 33903 941-337-8301 041-337-8378 041-65~-7925 I)r Jafnes Itrowder. I11 Mr. Robert Janes Edison (:ommunity (Tollege f203 Kittiwake Circle Post Oilice Rox 60210 S;anibel, I,'lorida 33057 Fort Myers, F'lorida 33906 941-472-5061 94 1-472-976 I 94 1-4~59-9270 94 1-489-94 18 Mr. (ieorge Krahn Mrs Melvin Morgan DI ,~.S Diesion of Jobs ~ Benefits I)IAD 24.311 Walden Center Drive, Suite 20O 219~ Pauldo Str~ I$onia Spriags. Hofi~ 34134 Ftnt Myers, Florida 33916 04 I-0~2-8000 941-94~-3359 94 ] -332-f)092 04 1-332-0092 (~ll/irst) Mr Steve Pcrsonetl'c Mr. Steve Spencer Sprinl Pall Aeropower Coporation Box 370 MI(' ibSO 4245 [",vans Avenue Forl Myers, Hodda 33902 Fort Myers, Florida 33901 941-335-8201 941-334-0583 g41-936-8700 ~41-030- ..... JAN 12 1999 FILE No,293 12$29 '98 18:33 ID:WORKFQRCE DEV BOARD FAX:941 948 3359 PAGE 8 WORKi~'ORCI~: I)IrVE. I,OPMENT IIOARI) REGION 24 1,1,:1" (;OI:N'I'Y IIOARI) MEM!IERS Ms. Janet Watermeier Ms. Trudi Willtams L.DC of Lee ('ounty TKW Consulling Engineers 2~ao W First Slrect. Suite 306 1400 Colonial BIrd. Suite 250 Port Myers, Florida 33901 Fort Myers Fh.ida 33907 941-33R-3161 941-338-3227 941-278-19t)2 941-278-0922 Mr l.ouisWalker Mr. Kenneth Stone 2995 Lal~lyeue Stteel Sunstale ('ollef~e of!lair Desigh I:oH Myers, I,'lorida 339 If;, 2418 Colonial Boulevard 94 I-3:~7-3303 041-337-2411 Fort Myers, Florida 33916 9.11-337-33 03 c)41-337-24 AGENDA IT,E~ No. /~f'~/'T- JAN 12 1999 APPOINTMENT OF MEMBER(S) TO OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE OBJECTIVE: To appoint 2 members to serve 2 year terms, expiring on December 31, 2000, on the Ochopee Fire Control District Advisory Committee. CONSIDERATIONS: The Ochopee Fire Control District Advisory Committee had 2 terms expire on December 31, 1998. This 5 member committee advises the Board on the budget and operation of the Ochopee Fire Control District. Members must reside within the taxing district. Terms are 2 years. A list of the current membership is included in the backup .... A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Kent L. Omer, Sr. (re-appt) n/a 5 yes Ochopee Robert G. Genung n/a 5 yes none William L. Pennell (re-appt) n/a 5 yes Ochopee (has served 4 terms) Leopoldo J. Fragiacomo n/a 5 yes none COMMITTEE RECOMMENDATION: Recommendation to re-appoint William L. Pennell and to increase committee members to provide input from individuals residing in the Port of the Islands area of the Ochopee Fire District and other areas. (No specific area of residence within the district is required other than one committee member must live within the city limits of Everglades City.) NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (2) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived". According to available records, William L. Pennell has served 4 consecutive terms, for a total of 8 years. Should the Board wish to re-appoint Mr. Pennell, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 2 members to serve 2 year terms, and direct the County Attorney to prepare a resolution confirming the appointments. AGENDA Prepared By: Sue Filson, Administrative Assistant No-.__j.Z~ fl____~..EM Board of County Commissioners JAN 12 1999 Agenda Date: JANUARY 12, 1999 P~I-. / 12/31/19S8 13:47 941775445~ COLLIER EMER SERV PAGE 02 RECENED DEC 3 11998 COLLIER EMERGENCY SERVICB$ DEPARTMENT 3301 E, TAMIAMI TRAIL EMS / FIRE NAPLES, FL 34112 (941) 774-8459 F~ (941) 775-4454 December 30, ] 998 A c~PmD BL~ cme co~ Sue Filson, Administrative Assistant Board of County Commissioners Dear Ms Ellson, Thank you for your correspondence regarding the Ochopee Fire Control Di~tricl advisory commiuee vacancies. It is my understanding that there are two vacancies for the Ochopee advisory. commitlee ._,- Mr. Kent Orner, Sr is a current member who has served one term and has requested to bc re-appointed. Mr William Pennell has served four terms and has also requested re- appointment ,~'lr Oenung and Mr. Fragiacomo reside in the Ports of'the Ishmds arc;~ ~f' the Ochopee Fire Control District and have requested appointment Io the advisory. buard The current advisory committee members recommended re-appointment <~t' Mr Pennell and Mr. Brock Mr. Brock's term is not ending at this time The advisory committee also recommended additional positions be added to the advisory committee to provide input from individuals residing in the Port of the Islands area of the Ochopee Fire District and other areas County Ordinance 92-100 provides for three to five electors residing within the fire district. No specific area of residence within the district is required other than nne committee member must live within the city limits of'Everglades City Both Mr (';e'nun~ and Mr. Fragiacomo have administrative backgrounds !t is my understanding Mr Genung has resided within the Ochopee Fire District since 1096 Mr Fragiacom~ hi~s resided within the Fire District since July of 1997. ill may provide any additional inforrnation~ please do not hesitate to contact my offset, AGENE)A" I'TEM "" DBF/bb No, _J.~--~--~ JAN 1 ? 1999 Ochopee Fire Control District Advisory Committee Name ~Vor~' Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndE..~oDate 2nd Term T. Anthony Brock 01./07/92 12/31/93 2 Years # 1 Turkey Trail 1/6/98 12/31 ./99 2 Years Ochopee, FL 34141 District: 5 Category: Ochopee Area At Large Michael Hart 01/05/93 12./31/93 1 Year P.O. Box 42 1/6/98 12/31/99 :2 Years Copeland, FL 34137 District: 5 Category: Lee Cypress (Copeland) Charles R. Reynolds 10,/26/82 12/31/91 2 Years Copeland Avenue I/6/98 12./31/99 2 Years Everglades City, FL 34139 District: 5 Category: Everglades City Kent L. Omer, Sr. ~, c/if- 3.5'c(~, 01/07/97 12/31/98 2 Years P.O. Box 659 Chokoloskee Island. FL 34138 District: 5 Category: Chokoloskee William L. Pegell 12/18/90 12/31/92 2 Years P.O. Box 229 695454'1 1/7/97 12/31/98 2 Years Everglades. FL 34139 District: 5 Category: Plantation Island AGENDA ITEM ,_ . ._~ ........ ~s~, _TZC?,- ~'ednesday, January 07, Si~9'8 "P~ge ~ if 2 .... JAN Pg~ Ochopee Fire Control District Advisory Committee Work Phone Appt'd Exp. Date Term Na~?te Home Phone DateRe-appt 2.dE.xTDate 2rid Term ~ -q~ This 5 member commi~ee was created by Ord. No. 75-06 to advise the Board of CounW Commissioners on the operations and budget of the Ochopee Fire Control District. Members must reside within the boundaries of the Ochopee Area Fire Control Special Taxing District, will be appointed by the Ci~ of Everglades Ci~ Council. Terms are 2 years. Chief 'rice Doer Ochopee Fire Control District - 695~114 ~ ~ ~~ FL STAT: 125.01 Staff.' Diane Flagg, Emergency Services Director: 774-8823 D'ednesday, Januan.' 07, 1998 Page 2 of 2 JAN i 2 i999 .... ,%,-, M E M O R A N D U M ~E~,!PE:. DATE: November 23, 1998 ~,3;I~:j 0'f C¢!~i~;' .7.,:,.~; :~ .... TO: Vinell Hills, Elections Office ~. i E: Voter Registration - Advisory Board Appoin~ents 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 Count'. Also, please list the commission district in which each applicant resides. OCHOPEE FIRE CONTROL DIST ADV COlVIM COMMISSION DISTRICT Kent L. Omer, Sr. 275 Smallwood Drive Chokoloskee, FL 34138 Robert G. Genung 270 Stella Maris Drive, East Naples, FL 34114-9603 (Port of the Islands) William L. Pennell P.O. Box 229 Everglades, FL 34139 Leopoldo J. Fragiacomo 231 Cays Drive Naples, FL 34114 (Port of the Islands) Thank you for your help. AGENDA ITEM No. /¢ JAN MEMORANDUM DATE: November 23, 1998 TO~ , ~ Diane Flagg. Emergency Medical Services irector -j . i RE: Ochopee Fire Control District Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Kent L. Omer, Sr. 275 Smallwood Drive Chokoloskee, FL 34138 Robert G. Genung ~ 270 Stella Maris Drive, East Naples, FL 34114-9603 (Port of the Islands) William L. Pegell P.O. Box 229 Everglades, FL 34139 Leopoldo J. Fragiacomo 231 Cays Drive Naples, FL 34114 (Port of the Islands) 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 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. AGENDA " ' ,_, S F N o. _J_~_ I ~ Attachments JAN 1 ? 1~99 Kent L. Omer, Sr. RECEIVED P.O. Box 659 275 Smallwood Dr. NOV 131~98 Chokoloskee, FL 34138 N6v~mber 12,1998 80ard of County Commissioners SUE FILSON, Administrative Assistant BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY GOVERNMENT COMPLEX NAPLES, FL 34112 Dear Ms. Filson; I would like to express my desire for re-appointment on the advisory committee, representing Chokoloskee Island for The OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE. UPDATED RESUME: DATE OF BIRTH ....... March 12, 1936 PLACE OF BIRTH Mill Hall, PA RESIDENT OF FLORIDA May, 1956 RESIDENT OF CHOKOLOSKEE 1995 PLACE OF EMPLOYMENT, DELTA AIR LINES, PILOT,28 YEARS RETIRED November 1, 1994 ACTIVITIES: Advisory Committee, Ochopee Fire Control District. President, Parkway Village of Choko!oskee Island Condo Assn. Member, City of Everglades City Construction Industry Licenseing Board. HOBBIES: Gardening, Hunting and Fishing. Respectfully Submitted, Kent L. Orner, Sr. Delta Air Lines, Retired P.S. Notify BARBARA BERRY, I do not want to see my tax KO/ko JAN I 2 1999 01 / 82/1991 13:33 38993913Sl ROBERT&MARTHAGENUNG PAGE 01 THE ROBERT GENUNG CO. * REAL E~TATE DEvELC)PERS ~ovembe= 12~h 1998 ~~E R~ ~ATE ~ES ~s, Sue ~son/~dm~n~sC=a~ve Ass~s~an~ Board o~ County Co~ss~one~s 3301 Ref: Ochopee Fire Control Advisory Committee Dear Mrs. Filson, Kindly submit my name for the above position. I am a resident of Florida and live at: 270 Stella Maris Drive-East Naples, Florida, 34114-9603 (Port of the Islands) 941-389-9390 FAX 941-389-9391 I have submitted this on my letterhead so that you may have an idea of my qualifications and experience. I was born on 3/24/29. I am a licensed Realtor,Building Contractor,Insurance Agent and Prop- erty Manager in Indiana. Our son manages our business at this time. My wife and I own the above residence and I would appreciate the opportunity to represent our area on the Committee. Thank You. g22unrs' JAN 12 1999 RECEIVED Nov. 6, 1998 NOV - c ~.~^'~, sue Filson,Administrative Assi~l~tOf Count] 'C0~n~s-~10ne~~ Board of County Commissioners Dear Ms. Filson: In regards to serving anouther term on the Ochopee Fire Control District Advisory Cormmittee, I would like to serve anouther term if i am approved. As to a resume of my qualifications,I artended school in Miami,Fla. and graduated from Miami High School. I attended the University of Florida and received a Associate of Arts Degree.i served in the U.S.Navy during W.W.II.After being discharged I came home to Miami,Fla.and ran a plumbing business,started by my father in !925.I served on the Dade County Plumbing Contractors Licensing Board for 15 years. In 1982,i retired and moved to Planation Island in Collier County. I an a mason and a Shriner,I have been a Lion Club member for over 25 years. I also served as President of the Planation Island Homeowners Association Thank ' ' W.L."Lem"Pennell JAN 12 1999 Page I Pg-~ N 0 V 0 1998 ~oard of County Commissioners 1998 Mrs. Soe lrason Lu~Hn Ass~ Board of' Commissioners 3301 TmmmTrailF. a~t Napl~, Ratida 34112 Subject'- TI~ Oc. hopcc Fire Control District Advisory Committee I have bee~ ~a'vi~ that them ~ b~ TWO Terms c.x~dag on l)eccad~r 31", 98 on tbc Abo~ s.bjcct n:fe~,=a~ed Coa, a~i~. Hcasc c;aam~ed myself for a twQ yeax term on this I rcaliz~ I have been a rcsidmt only' since Jul7 1997 b~ m3~ i~!_t-.:st in h~Ipiag to ptol~ Our Area: Ptm of the Islands is =~tm~Dc~ ~mpO~ to us ~ d~c Port Over the ncxx ftw years Ch~ acvclopmcm will cornmaria bcnc/ftrc - potice aad mc~ical coverage Of thc ~Ls of thc port and anyhin~ l can do to speed the ~ will be donc. Ia/naUa/fl S~es Citi2en 5ore atTan'ytown, N~York onMay 15. 1935. A gradale ~ Izvington High Sclxool. twi/~on, New York m 19S3 A gadule of WestchesU:r Comnnmity CoLlege. Wttite Ptain~ Arte_r~l__ toga College - Major - ACCO-mlng - f~ 3 years el night 1960 WasABo~ScoulLeadcr forl0ycats. Started m~ career in 19~5 - work~ with Fou~ cli~etntl COmpanies rotling as book~ And Ix,:anUg Conzlxtotlcr - Vic~ Prcsidsmt of Man~ Finn for Seventeen Years And rc~ July 1997 as Co~u"oller of a local (CT) firm JAN 12 1999 Pg-~,~/ 11/04/1998 12:31 9d164251d6 LEO J FRAGIACOMO PAGE / / '~c Lib~ Ad~' ~a~ ~; tcm~s expi~ on ~cm~r 3 L t~g, reprc~g C~issi~ Dis~cts 1 ~d 3. ~is ~ memb~ ~d advi~ ~c ~d ofC~' Co~iuion~ on ~ o~ons ~d p~ budge~ ~r ~e C61lj~ Count' Li~ System. T~s ~e 4 ye~. ~, ~ FI~ Co~rol Dbtflet Ad~t~ Co~ hs 2 ~s c~g ~ ~~ 31, 1~, r~tmC Chekol~k~e ~d Pl~mtjen lsl~d. ~s $ m~ber eommi~ ~s on ~e budget and ep~tion of ~e ~ho~e Fife Con~ol DisPel. MemOs m~ng dis~ct. T~s ~e 2 yeus. ~ Par~ ud R~rea~on .~d~o~ Boa~ ~s 3 ~s c~g on Dec~b~ 31, l~g. rCp~g 1 mcm~ from ~ ~mo~ Commum~' P~ Di~c~ u~ 2 m~s ~om ~e Napl~ ~mmissi~s en makers p~ai~ing to ~e ncquisi~o~ develo~l ~ ~e Pre-~de~a~en Inten~enq C~m~ Co~ffi on E~y C~h~ ~e. ~ 3 o~m~gs. ~e co~cil mem~ship m¢lud¢s repr~s~unvcs ~om pre~ind~g~ · e Sch~l Bo~d: parents. proriders ofpre-k ~s, Coun~ ~blic H~ Depnm~, 1~ c~id advocacy ~atioL etc. Secuon ~0.230~(L 1) Fiodda Statutes. ~s ~end~ appo~t ~ m~; one m~ber ~'~o is a pre~d~ of ~e~t c~e ~ cduca~on to 3 ~ 4 ye~ o1~ ~hildr~ ~d ~'o memb~s who a~ reTes~five of~cie~ responsible for providing ~cial. medical. ~L adult ]it~rncy ~ ~spona~lon s~ices. one ~fwhom repn~ts ~e Count' ~blic H~ Unit, M~rs ofadviso~ ~mine~s must k r~id~ ~d c!~ors ofColli~ ~n~', ~e ~ofida Govc~t in ~ Sunshine Law. Rcsid~ts mt~ in applying t~ ~e ad~so~ co~n~ ~ifio~ ~ ~q~es~ed ~o subnUt n lener ~ ~cf tee ~ ~e F~I~ ~ni~a~ve .~sismt ~d ef Co~' Co~uio~ 330 ~ Flon~ 34112 ~ FkX ~e 774-3602. ~c ~l~ for ~c~ce etches is JAN 12 1999 APPOINTMENT OF MEMBER(S) TO THE ISLE OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE OBJECTIVE: To appoint 3 members to serve 2 year terms, expiring on December 31, 2000, on the Isle of Capri Fire Control District Advisory. Committee. CONSIDERATIONS: The Isles of Capri Fire Control District Advisory Committee had 3 terms expire on December 31, 1998. This 5 member committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. Terms are 2 years and members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing I~istrict. A list '- of the current membership is included in the backup. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. GaD' E. Griffes n/a 1 yes none Jerilyn Neuhaus Crowder n/a I yes none David E. Eiler n/a I yes none /--- COMMITTEE RECOMMENDATION: No recommendation due to lack of a quorum. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the applicants for appointment, appoint 3 members to serve 2 year terms, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: January 12, 1999 AGENDA iTEM " .o. ?'O /V JAN i 2 1999 / Isles of Capri Fire Control District Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Jerry Marinaro 01/07/97 12/31/98 2 Years 231 Capri Boulevard 642-5596 Naples, FL 34113 District: 1 Category: Mart Crowder 06/02/98 12/31/98 (o months 156 Capri Boulevard 642-7511 - '- Naples, FL 34113 District: 1 Category: Chris Xigogianis 12/16/97 12/31/99 2 Years 111 Capri Boulevard 394-3522 Naples, FL 34113 District: 1 Category: Philip A. Popovici re~'~r''''( 5"t/'~/ 01/07/97 12/31/98 2 Years 407 Grenada Avenue 642-2975 ""' Naples, FL 34113 District: 1 Category: Charles Dexter Colvin 12/16/97 12./31/99 2 Years 163 San Salvador Street 642-4525 Naples. FI_. 34113 District: 1 Category: lt/ednesda)', June 03, 1998 Page 1 of 2 ii , . - JAN 12 1999 Isles of Capri Fire Control District Advisory Committee WorA' Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndE. rpDate 2nd Term This 5 member committee was created by Ord. No. 75-09 to advise the Board of County Commissioners on the budget and operation of the Isles of Capri Fire Control District. Members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. Terms are 2 years. FL STAT: 125.01 Staff.' Diane Flagg, Emergency Services Director: 774-8459 12/31/1998 13:47 9417754454 COLLIER EMER SERV PAGE RECEIVED DEC S1199 3 COI.I,_IER COUNTY ~E~G~NCY SErVICeS DEPARTM~N~ ~901 E. ~AMIAMI E~S / ~I~E NAPLES, FL ~4112 F~ (941) A C~ED aL~ Ca!P CO~ December 30, 1998 Sue Filson, Administrative Assistant Board of County Commissioners Dear Ms. Filson, Thank you for your correspondence regarding the Isles of Capri Fire Control District advisory committee vacancies. It is my understanding that the lsle,~ of Capri advisory committee has three vacancies: positions previously held by Jerry Marinaro, Matt Crowder and Phil Popovici who have resigned and/or their term is ending. There were three individuals who submitted a resume and expressed an interest in serving on the advisory. committee All three individuals, David Eiler, Jerilyn Crowder and Gary Griffes are involved in the community and possess an administrative background. The two current members of the advi.~ory committee discussed these three individuals favorably' for appointment but were unable 1o vote due to lack of a quorum. !f l may provide any additional information, please do not hesitate to contact my office 'ricerely, anment ,.--- DBF/bb NAoG-~ JAt, l 12 1999 MEMORANDUM DATE: October 26, 1998 ' --': "": TO: Vinell Hills, Elections Office ant~. i E: Voter Registration - Adviso~ Boad Appoin~ents The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisoO' committees. Please let me know if those listed below are registered voters in Collier Count.','. Also, please list the commission district in which each applicant resides. ISLE OF CAPRI FIRE CONTROL DIST ADV COMM COMMISSION DISTRICT David E. Eiler / 112 Capri Boulevard ~/~/;/ Naples, FL 34113 .~, Thank you for your help. AGENDA 'iTEH JAN 12 1999 ' pg..~.,~____~ MEMORANDUM DATE: November 23, 1998 TO: Vinell Hills, Elections Offic~g:;sst~ i E: Voter Registration - Adviso~ Bo~d 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. ISLE OF CAPRI FIRE DISTRICT ADV COMM COMMISSION DISTRICT GAD.' E. Griffes '/6 Ill 105 Jamaica Drive ~ Naples, FL 34113 Jerilvn Neuhaus Crowder / 5/L-- 156 Capri Boulevard L~ Naples. FL 34116 Thank you for your help. 1999 MEMORANDUM DATE: November 23, 1998 TO: Diane Flagg, Emergency Medical Services Director i E: Isle of Capri Fire Control Dis~ct Adviso~ Co~i~ee 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 commit-tee to submit a resume for consideration. I have attached the resumes received for your review as follows: Gary E. Griffes 105 Jamaica Drive Naples, FL 34113 Jerilyn Neuhaus Crowder 156 Capri Boulevard Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory commirtee within the 41 day time-frame, 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 JAN 12 1999 L.,---- RECEIVED NOV 2 0 1998 20, 1998 Board of County ConTMiSsioners TO: Sue Filson Oollier County Board of C~m,~',issioners FROM: Gary E. Griffes Fire Depe~b,~t Advisory Board Isles of Capri Fire Department I am applying for the position of Fire Depa~b,ent AdvisOry Board Member for the Isles of C~nri Fire Depa~h~ent. I have keen a resident here a little over three years. I have been actively invDlved with the C.E.R.T. Team here as a certified team member. I ~m employed .with Unified Merchant Services, a First Data ODrporaticn. I have lived in Florida more than fifteen yp~rs. I have had intimate knowleSge of, and helped write the Anmm] Budget for Jc~es Intercable, a cable ccmpany oF_ration in Davie, Florida. I have attended meetings with the Fire Department, care about our cureunity, and feel I can be an asset to the Fire Depa~t~_nt Ihank y~u for ~ considerat/on. C~d~Griffe~s~ 105 Jamaica Dr. Naples, F1. 34113 941-389-1264 (phone/fax) JAN 12 1999 JERILYN NEUHAUS CROWDER RECEIVED Friday, November 20, 1998 NOV 2 0 1998 Board of County Commissioners Collier County Board of Commissioners Ann: Sue Filson Fax # 774-3602 Dear Ms. Filson: I would like to apply for one of the positions on the Isles of Capri Fire Advisory Board le~ vacant by Matt Crowder, Jerry Maxiaaro, or Pkil Popovici. I a.m a three-year resident, property owner and taxpayer on Isles of Capri. I am the MIS Director for an Estate Planning and Estate Administration legal firm in North Naples, Myers Krause & Stevens, Chartered. I am actively involved with the Isles of Capri CMc Association (3 years as a member, one of which was also as a Board Member), the Community Emergency Response Team (C.E.R.T), and have spoken to the Comm(ssioners on more than one occasion about Isles of Capri Fire Department issues. I believe that I possess a thorough understandizg of the Fire Department and would be able to contribute as a Fire Advisory Board Member. Thank you for your consideration. Sincerely, J Neuhaus Crowder r~f~p ~e~ Fc COLf2' ~ ~'/t >ost-tt' brand tax transmittat memo '7571 " ' AGENDA ITEH NO. ~ ,~/ , - ~ - - , -. ---" "' JAN 12 1999 MEMORANDUM DATE: October 26, 1998 TO: Diane Flagg. Emergency Medical Services Director Isle of Capri Fire Control District Adviso~ Con~i~ee 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 a resume for consideration. I have attached the resumes received for your review as follows: David E. Eiler 112 Capri Boulevard Naples. FL 34113 Please let me 'know, in writing, the recommendation for appointment of the advisory committee ,..-.- within the 41 day time-frame, and I will prepare an executive summaD' 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 >'our attention to this matter. SF Attachments JAN 12 1999 pg... /o 0000000 P.01 ~,. ~.~. J.~ C~ > ~' ~S'~ JAN ~2 ~9SS ~.// EXECUTIVE SUMMARY REQUEST FOR RECONSIDERATION OF PUD-98-7 WYNDHAM PARK DENIED BY THE BOARD OF COUNTY COMMISSIOENRS ON DECEMBER 8, 1998 PURSUANT TO SECTION 2- 42 OF THE CODE OF LAWS AND ORDINANCE, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks reconsideration of the Board of County Commissioner's decision to deny Petition PUD-98-7 Wyndham Park, a rezoning application. CONSIDERATIONS: On December 8, 1998 the Board of County Commissioners denied Petition PUD-98-7, a petition to rezone certain land lying west of C.R. 951 contiguous to the Oak Ridge Middle School from "A" Rural Agricultural to PUD Planned Unit Development. Section 2-42 of the Code of Laws and Ordinances provides a mechanism by which land use decisions of the Board of County Commissioners may be reconsidered. Said petition for reconsideration is deemed timely because the request was made as provided to the County Administrator within fifteen (15) days of the date of the decision of the Board of County Commissioners. The Board may make a motion to reconsider. The motion to reconsider cannot be set for a time frame of less than fourteen (14) days or more than thirty (30) days from the date the motion is adopted. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners consider the request of Mastercraft Homes Limited to reconsider Petition PUD-98-7 a petition to rezone certain land from "A" Rural Agricultural to "PUD" Planned Unit Development, and in the event the Board agrees to reconsider that said date for reconsideration occur on February 9, 1999. JAN 12 1999 PRE ARED I;O DATE RO ALD F. , AICP CURRENT PLANNING MANAGER ~C~D BY~UL ~. ROBERT J. HERE, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR APP~y~//. ~~_~ //_ VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-98-7 EX SUMMARY/md JAN 12 1999 2 12/29/1998 Z7:43 9417744010 COUNTY MANAGER PAGE anks : nginr ring, 3nc. Professional EnOinasrs, Pinnners & Land Burvex/ors December 21, 1998 Mr. Bob Fe~dez Co~ty Adminis~ator Collier Co~ty Gove~ent Center Post-It' FSx Note 7671 3301 T~i~i Trail Eas~ A~in Building ~2 Reference: ~DH~ P~ PUB /vfl/~ PETITION Dear Mr. Fernandez: We are requesting that the zoning petition for Wyndham Park be reconsidered by the Board of County Com~rdssioners pursuant to Ordinance 88-41. This rezoning request was denied by the Board at their December 8, 1998 meeting. This request is made on behalf of the Applicant, Mamercraft Homes, LTD- The reasons for denial that were discussed at the public hearing were as follows: 1. The exact location of the sidewalk connection to the Oak Ridge Middle School had not been negotiated with the Collier County School Board and included as part of the petition. 2. The close proximity of the Wyndham Park entrance to the existing school entrance concerned the Board. 3. The proposed density of the project concemed the Board. Subsequent to the public hearing, we have met with the School Board personnel and have agreed to the exact location of the sidewalk connection to the Oak Ridge Middle School (see attached letter). This sidewalk will assure that students from the Wyndham Park project can access the school without traveling along CR 951. This sidewalk should eliminate any safety concerns the Board has in regards to the pedestrian circulation within the project. In addition, the applicant has worked with County staff to locate the project entrance as far away from the school as possible. The access meets county spacing criteria and is the only access point available for the project. Since CR 951 is currently a 2-lane road, the project will have unrestricted access. Once CR 951 is 4-1aned, the access will be reviewed by the Count3, staff to determine what type of median opening, if any, will be allowed. School Board personnel have ;xprc~,~!~.i satisfaction with the entrance way. (See artached letter). JAN 1 g 1999 Lee County: 10501-104 Six Mile Cypress Parkway, Fort Myers, Florida 33912 · (941)939-5490, Fax: !~1~t}9¢.-.2523 ~.~ Collier Count).,: 2150-701 Goodlette Road, Naples, Florida 34102. (941 )403-8866. Fax (941 )4 9 12/29/1998 17:43 9417744010 COUNTY MANAGER PAGE B2 Page 2 The petition for fezone to PUD requested a density of 3.6 DU/a~et:. This density is allowed by the Collier County Growth Management plan and represents 70% of the maximum density allowed. In an effort to mi~imize traffic impacts from the project, the applicant will agree to reduce the density requested to 2.5 DU/acre or 300 total units. This density reduction will assme that the school accesses are not affected by traffic from the Wyndharn Park project This density of 2.5 DU/acre is also more in line with the proposed density reduction proposals which are being studied by the County. We believe tiTis additional information will address the Board's concerns with this project and we look forward to discussing the project once it is reconsidered- We note that the next meeting of the Board is scheduled for January 12, 1999. We hope that our request for reeonsideration can be heard at this time. Based upon Ordinance 88-41, we understand that the Motion for Reconsideration should specify a date certain upon which the petition would be reconsidered, but in no event less than 14 days or more than 30 days from the date the motion is adopted by the Board. We would, of course, request that the petition be re-heard at the earliest possible date. Should you have any questions or require additional information, please give me a call at our Naples Office. Sincerely, BANKS ENGINEERING, INC. David R. Underhill, Jr., Vice President DRU/jmp JAN 12 1999 S ;\Kec~ption\wpdoc s\ 12xx\ 1236\ 1236_73N .wpd 12/29/1998 17:43 9417744010 COUNTY MANAGER PAGE · ,,smc.;! Sc__.h0_~.~~OFFICE OF THE DIRECTOR i~ i~' ~ FACILITIES ~] E! PLANNING AND CONSTRUCTION 5704 Cougar Lane ""~' C'~'~tlcrC~'~'~'//, (941) 514-2678 ............. (941)514-2695 FAX December 1 l, 1998 Mr. David R. Underhill, P.E. Vice President Banks Engineering, Inc. 2150-701 Goodlette Road Naples, FL 34102 RIi: Wyndham Park P.U,D. Dear Mr. Underhill: This is to confirm our conversation regarding the above project and its compatibility with Oakridge Middle School. At our meeting we discussed two access issues for your project. You have proposed and we have c~aceptually approved a 6' wide sidewalk cormectmg the project's imemal pedestrian circulation system to the school campus. This will enable future students from your project to access the campus without having to travel along CR951. This sidewalk will connect to the school at a location approximately adjacent to the existing bike storage area and will be gated where it emers the school property, The second item we discussed was the proximity of the Wyndham Park entrance to the school accesses. We have recently constructed a "right out" exit drive along our south property boundary. This secondary exit drive will be primarily used by parents after d~oppmg off or picking up students. School session at Oakridge Middle School begins at 9:05 and ends at 3:35, Ou~ highest traffic volumes occur at these times, which typically do not coincide with the peak traffic for residential subdivisions. Therefore, we do not feel the construction of Wyndham Park project entrance will significantly affect the school accesses. We look forward to working with you, IfI ca~ provide arty additional mstmaion please do n~t hesitat~ to contact me at 514-2681. Sincerely, AGENDA a~y, Di~-tor Facilities Pla~.~amg and CGastructio~ JAN 12 1999 James H. Sireins pg. COLLIER COUNTY CHARACTER EDUCATION TRAITS Fairness Honesty Kindness I~erseverance Respec~ Responsibility Self-Discipline THE COLLIEF~ COUNTY PUBLIC SCHOOL SYSTEM 15 AN EQUAL ACCESS / EQUAL ~PORTUNITY INSTITUTION FOR EDUCATION AND EMPLOYMENT. EXECUTIVE SUMMARY PETITION NO. PUD-98-17 BLAIR A. FOLEY, P.E. OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING JAMES GORMAN, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS WITTENBERG ESTATES PUD FOR A MAXIMUM OF 114 SINGLE FAMILY AND MULTI- FAMILY DWELLING UNITS OR PROPERTY LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (S.R. 84), EAST OF WHITTEN DRIVE, IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37 +/- ACRES. OBJECTIVE: The petitioner seeks to have land described herein rezoned from its current zoning designation of Agricultural (A) to Planned Unit Development (PUD) for the purposes of developing a mixed single family and multi-family residential planned unit development and combined recreational and preserve areas, at a density of 3.0 dwelling units per acre, for a maximum permitted 114 dwelling units. CONSIDERATIONS: The proposed density is 3.0 dwelling units per acre to be developed as single family and multiple family dwellings, for a total of one hundred fourteen (114) units on 38 acres. Accessory uses and structures like carports, garages, utility buildings, and recreational uses such as swimming pools, tennis courts, playground areas and recreation buildings, are also proposed for development. The project site contains one (1) lake totaling +/- 6.0 acres and preserve tracts totaling +/- 9.25 acres. The dwelling units are proposed to be single family detached, multi-family townhomes, duplexes, and zero lot line. The maximum permitted building height is forty (40) feet. The minimum floor area for multi-family structures is 1,000 square feet and for single family structures is 1,200 square feet. A portion of the dwelling units are proposed to be developed abutting the northern and eastern boundaries of the subject site. The remaining dwelling units will be built surrounding the east side of the lake, which is centrally located on the site. The west side of the lake abuts a preserve area which is adjacent to the western property boundary. The petitioner proposes to architecturally unify the structures, signage and landscaping throughout the project. Land Use Residential Density: The projected density of 3.0 dwelling units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationships to the required criteria: Base Density +4 dwelling units/acre The projected density of 3.0 dwelling units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationships to the required criteria: Base Density +4 dwelling units/acre /~' Maximum Permitted Density +4 dwelling units/acre ~~ J~.N 12 1999 The maximum allowable density is four (4) dwelling units per acre. Since the petitioner plans to provide an interconnection of on-site roads to the adjacent property to the west, no additional dwelling units will be subtracted. As a result, the base density is limited to four (4) dwelling units per acre. Since the overall acreage of the site is 38 acres, the 114 dwelling units proposed results in a density of three (3) dwelling units per acre which is consistent with the density rating system. Traffic Circulation Element - The ITE Trip Generation Manual indicates that the proposed petition will generate approximately 855 AADT and 71 PM Peak Hour trip ends. Peak hour volumes were estimated using the growth rate established by the FSUTMS model which includes the existing/committed road and intersection improvements. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on SR-84 after trip assignments are made. In addition, this petition will not lower the level of service below the LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Davis Boulevard as a 4-lane arterial road from east of Santa Barbara Boulevard. The current traffic count for the segment fronting the project is 17, 159 PSDT and is operating at LOS "B". The Peak Seasons Daily Traffic was based on the Peak/Annual ratio shown in the County's Transportation Planning database. It should be noted that this road segment is not projected to be deficient within the next 5 years. The planned and proposed improvements within the projects RDI will ensure that the adopted LOS standards are maintained. As a result, this petition complies with Policy 1.3 and 1.4 of the TCE. FISCAL IMPACT: This PUD by and of itself will not have a fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The site is located in the Urban Mixed Use Residential Land Use classification as designated area on the County's Future Land Use Map. Urban Residential Mixed Use is inclusive of a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). This petition will do nothing to impact the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. N~o~~ JAN 12 1999 PLANNING COMMISSION RECOMMENDATION: The CCPC voted 6-1 tO to recommend that the Board of County Commissioners approve PUD-98-17 with the following stipulations: At a minimum, the PUD document and master plan, EIS and water management plan shall be revised (as applicable) and shall meet County staffs approval, three (3) weeks prior to being heard by the Board of County Commissioners, as follows: 1. The PUD document and master plan, the conceptual water management plan, and the EIS shall be revised in accordance with and to meet the recommendations of the EAB. That shall include but shall not be limited to the following staff stipulations: A. The area identified in the environmental impact statement (EIS) as Melaleuca (4241) is a pine flatwoods, and should be labeled as such. The FLUCFC map and EIS shall be amended accordingly. B. The upland preserves shall be indicated on the map in Figure 5 of the EIS. C. Section 3.8.5.4.1(4)(f) of the EIS shall be amended to indicate the type of enhancement that is proposed within the preserve area. This enhancement shall meet the Collier County Environmental staffs approval. D.The PUD document and master plan, and the EIS shall be amended to show the required preservation area of 9.48 acres. E. The PUD document shall be amended to show the following: (a)Residential Tracts should be labeled as D and E; Open space and recreational tracts in the PUD document shall include Tract C; Tracts F, G, H, & J shall be labeled as preserve or conservation tracts and shall be placed in their own section within the PUD document. These tracts shall also be labeled as preserve or conservation tracts on the PUD Master Plan. F.The Water Management Plan shall be revised as follows: (a) A rear lot swale/berm cross-section for lots adjacent to preserve areas and the lake shall be provided. (b)A note shall be added to the plan to the effect that perimeter berms greater than 3 feet in height shall have a slope of no greater than 4:1 (unless landscaped) and a toe of slope no less than 5 feet from a property line. 2. Should the EAB have significant problems or recommendations that cause substantial revision to the PUD Master Plan or document, the Environmental Impact Statement or conceptual water management plan, the petition shall be brought back to the Planning Commission for a re-hearing prior to being heard by the Board of County Commissioners. Note: This stipulation results from the fact that the Planning Commission heard this petiti~ hearing in front of the EAB. o JAN 1 g 1999 The dissenting Planning Commission member voted against the petition because the petitioner was ,-. requesting an exception from the subdivision regulations to permit sidewalks to be constructed on one (1) side of the street, rather than on both sides of the street as required by the Land Development Code. Consistent with Planning staff' s recommendation, this Planning Commission member felt sidewalks should be required on both sides of the street as required by the Land Development Code. Because this petition failed to be recommended for approval by a unanimous vote of the Planning Commission, it is ineligible to be placed on the summary agenda. PREPARED BY: _~__gAN MURRAY, AICP ,_7" DATE CHIEF PLANNER ' CP R"gNA' F. , MANAGER DATE L AI CURRENT PLANNING SECTION · MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES APPROVE BY~ , ~ VIN UTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & gNVIRONMENTAL SVCS. Petition Number: PUD-98-17 Whittenberg Estates PUD This petition has been tentatively scheduled for the January 12, 1999 Board of County Commissioners Public Hearing. JAN 1 g 1999 AGENDA ITEM 7-H MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: NOVEMBER 30, 1998 RE: PETITION NO: PUD-98-17 WHITTENBERG ESTATES OWNER/AGENT: Agent: Blair A. Foley Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive Naples, FL 34104 Owner: Mr. James Gorman 5207 Davis Boulevard Naples, FL 34104 REQUESTED ACTION: The petitioner seeks to have land described herein rezoned from its current zoning designation of Agricultural (A) to Planned Unit Development (PUD) for the purposes of developing a mixed single family and multi-family residential planned unit development and combined recreational and preserve areas, at a density of 3.0 dwelling units per acre, for a maximum permitted 114 dwelling units. GEOGRAPHIC LOCATION: The subject site is located on the north side of Davis Boulevard (SR-84), approximately 'A mile west of County Barn Road in Section 6, Township 50 South, Range 26 East between the Embassy Woods Golf and Country Club at Bretonne Park to the east and the Whittenberg PUD to the west (see location map following page). PURPOSE/DESCRIPTION OF PROJECT: The applicant proposes to develop the property for single family and multiple family residential uses. The proposed density is 3.0 dwelling units per acre to be developed as single family and A ' M multiple family dwellings, for a total of one hundred fourteen (114) units on 38 acr,~s. c~~ uses and structures like carports, garages, utility buildings, and recreational uses su, :h as JAN 12 1999 1 swimming pools, tennis courts, playground areas and recreation buildings, are also proposed for development. The project site contains one (1) lake totaling +/- 6.0 acres and preserve tracts totaling +/- 9.25 acres. The dwelling units are proposed to be single family detached, multi-family townhomes, duplexes, and zero lot line. The maximum permitted building height is forty (40) feet. The minimum floor area for multi-family structures is 1,000 square feet and for single family structures is 1,200 square feet. A portion of the dwelling units are proposed to be developed abutting the northern and eastern boundaries of the subject site. The remaining dwelling units will be built surrounding the east side of the lake, which is centrally located on the site. The west side of the lake abuts a preserve area which is adjacent to the western property boundary. The petitioner proposes to architecturally unify the structures, signage and landscaping throughout the project. SURROUNDING LAND USE AND ZONING: Existing: The subject property is vacant and presently has an Agricultural (A) zoning designation. Zoning Land Use Surrounding: North - Saxon Manor Isles PUD/Agriculture; open space/multi-family South - Davis Boulevard right-of-way East - Brettone Park PUD; internal right-of-way/recreation area West- Whittenburg PUD; multi-family dwelling units GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Urban Residential Mixed Use designated area on the County's Future Land Use Map. Urban Residential Mixed Use is inclusive of a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a mixed use, multifamily residential PUD which is an authorized use of land in the urban residentially designated area of the Future Land Use Element (FLUE), therefore, it is consistent with the FLUE. Consistency with other applicable elements of the Growth Management Plan (GMP) is as follows: JAN 12 1999 2 Land Use Residential Density: The projected density of 3.0 dwelling units per acre is consistent with the density rating system contained in the FLUE and is based on the following relationships to the required criteria: Base Density +4 dwelling units/acre Maximum Permitted Density +4 dwelling units/acre The maximum allowable density is four (4) dwelling units per acre. Since the petitioner plans to provide an interconnection of on-site roads to the adjacent property to the west, no additional dwelling units will be subtracted. As a result, the base density is limited to four (4) dwelling units per acre. Since the overall acreage of the site is 38 acres, the 114 dwelling units proposed results in a density of three (3) dwelling units per acre which is consistent with the density rating system. Staff has reviewed this petition for consistency with all other elements of the Growth Management Plan as has determined the petition is consistent with those elements. In addition, no level of service standards will be adversely affected by this request and appropriate mitigation measure and stipulations will assure that the County's interests are maintained. Traffic Circulation Element - The subject site's generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on SR-84. In addition, the amendment will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). The ITE Trip Generation Manual indicates that the proposed residential development will generate approximately 885 average daily trips and 71 p.m. peak hour trips on a weekday. The Traffic Circulation Element lists this segment of SR-84 as a 4-lane arterial road from east of Santa Barbara Boulevard. The current traffic count for the segment fronting the project is 17, 159 PSDT and is operating at LOS "B". The planned and proposed improvements within the project's RDI will ensure that the adopted LOS standards are maintained. As a result, this petition complies with Policy 1.3 and 1.4 of the TCE. Other Applicable Element (s) - Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or the extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan and/or subdividing if neee~.qarv JAN 12 1999 3 p.. 87 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. They have recommended approval subject to appropriate development stipulations that are consistent with the Land Development Code. This petition has not been reviewed by the Environmental Advisory Board. It is tentatively scheduled to go before the EAB in January. Therefore, staffs recommendation is contingent upon stipulations ensuring the subject petition complies with the recommendations of the EAB rendered at the future hearing. The Transportation Department has also reviewed this petition. Recognizing that there are no new driveway connections nor new public roads that will be created by this proposal, they have recommended approval. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categofized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non- compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing thI relati~'~d~.~. of the rezoning action to the long range plan for future land uses. JAN 12 1999 4 pr':. q Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. The subject property is located with the Urban Designated Mixed Use future land use classification as depicted on the Future Land Use Map of the Collier County Growth Management Plan. The site is located approximately 1.25 miles west of the intersection of Santa Barbara Boulevard with Davis Boulevard (SR-84). The PUD document indicates the proposed development plan for the 38 acre site is mixed use residential allowing for single family and multi-family residential development integrated with common recreation areas, a lake and preserve areas. The PUD Master Plan shows the proposed location of future dwelling units along the eastern boundary of the site and internal to the site. The proposed preserve area encompasses approximately 9.25 acres along the western boundary of the site, from the entry road west. A lake is located interior to the project and retention areas and recreation areas are located adjacent to Davis Boulevard. The proposed master plan layout minimizes the location of residential land uses adjacent to Davis Boulevard. The Whittenberg PUD is located west of the subject site. Residential land uses contained in the Whittenburg PUD boarder the proposed preserve area on the subject property's western boundary. The Saxon Manor Isles PUD is located north of the subject site. Saxon Manor Isles is a mixed multi-family and single family residential . development approved at a gross density of 11.96 dwelling units per acre, portions of which are undeveloped preserve areas which border the subject site's northem boundary. Brettone Park PUD is a mixed use golf and country club with single family and multi-family development approved at a density of 4.29 dwelling units per acre, and is located to the east. The eastern boundary of the subject site abuts a road right-of-way and a recreation area contained within the Brettone Park PUD. Required buffering and yards (10 to 40 feet in width) and the proposed height limit of forty (40), feet will provide open space and buffering between the subject site and surrounding uses. Access to the subject site is proposed to be shared with the Whittenberg PUD to the west via Whitten Drive. There will be no direct access onto Davis Boulevard from the subject site. Open space, ingress/egress, landscape buffers, and other applicable development standards comply with the requirements of the Collier County Land Development Code. With respect to compatibility issues, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved Planned Unit Developments within the area. The proposed layout of the residential areas internal to the site, the proposed wetland/preserve area, the required yards and landscape buffering, will serve to buffer the proposed development from existing land uses to the north, east and west .andDavi.q ses Boulevard to the south. The site is compatible with and similar to the multi-family ~ the site, which were approved at a density of 4.29 dwelling units acre. These deveh~pment Jt N 12 1999 5 stipulations will protect the integrity of the adjacent residential community as well as the subject residential development. Traffic: The ITE Trip Generation Manual indicates that the proposed petition will generate approximately 855 AADT and 71 PM Peak Hour trip ends. Peak hour volumes were estimated using the growth rate established by the FSUTMS model which includes the existing/committed road and intersection improvements. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on SR-84 after trip assignments are made. In addition, this petition will not lower the level of service below the LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Davis Boulevard as a 4-lane arterial road from east of Santa Barbara Boulevard. The current traffic count for the segment fronting the project is 17,159 PSDT and is operating at LOS "B". The Peak Seasons Daily Traffic was based on the Peak/Annual ratio shown in the County's Transportation Planning database. It should be noted that this road segment is not projected to be deficient within the next 5 years. The planned and proposed improvements within the projects RDI will ensure that the adopted LOS standards are maintained. As a result, this petition complies with Policy 1.3 and 1.4 of the TCE. Utility Infrastructure: Both a public sanitary sewer and municipal water supply is available to the property. All development must comply with surface water management requirements invoked at the time of site development plan approval. Community Infrastructure and Services: The subject property has convenient access to a wide range of community infrastructure, which is enhanced by its frontage on Davis Boulevard. Shopping centers, business offices and medical offices are all within a short driving distance. Summary_: Based on the above analysis, the following conclusions can be reached from the staff report: 1. The proposed rezoning of the subject property from Agricultural to PUD, and the PUD development strategy for single family and multi-family residential development and related facilities is consistent with the FLUE of the GMP. 2. The proposed density of development and development regulations are consistent with those authorized in the GMP's density rating system for projects located in the Urban Mixed Use Future Land Use classification. N~'~ JAN 12 1999 Pa. ///:_..,._,__ 3. All other pertinent elements of the GMP were reviewed and the methods for achieving consistency are made a part of the PUD regulations or otherwise achieved by the PUD Master Plan. 4. Findings related to the application to rezone to PUD and the development standards specified in the PUD document and Master Plan support a recommendation of approval and compatibility with adjacent land uses at a density of 3 dwelling units per acre. STAFF RECOMMENDATION: This petition is tentatively scheduled to be heard before the EAB at the January meeting. At the time of the writing of this staff report, the submitted EIS and PUD documents were found to be insufficient in several areas. In an effort to move the project forward, the subject petition has been scheduled before the Planning Commission prior to the required hearing before the EAB. It is staffs intention to incorporate the recommendations of the EAB and subsequent staff recommendations prior to a hearing before the Board of County Commissioners. Therefore, the following conditions attempt to address those areas of the EIS and PUD document that need to be revised in order that staff may complete their review, and that the PUD document and master plan, the EIS and water management plan all meet any applicable requirements and are consistent with the County's Land Development Code. 'Staff recommends that Collier County Planning Commission recommend approval of Petition PUD-97-17, Whittenburg PUD pursuant to the Ordinance of Adoption and Exhibits attached thereto, subject to the following conditions: At a minimum, the PUD document and master plan, EIS and water management plan shall be revised (as applicable) and shall meet County staffs approval, three (3) weeks prior to being heard by the Board of County Commissioners, as follows: 1. The PUD document and master plan shall be revised to show sidewalks on both sides of the street as required in the Collier County Land Development Code. The required sidewalks shall be constructed to the specifications as required by all applicable sections of the Land Development Code. 2. The PUD document and master plan, the conceptual water management plan, and the EIS shall be revised in accordance with and to meet the recommendations of the EAB. That shall include but shall not be limited to the following staff stipulations: A. The area identified in the environmental impact statement (EIS) as Melaleuca (4241) is a pine flatwoods, and should be labeled as such. The FLUCFC map and EIS shall be amended accordingly. .._, B. The upland preserves shall be indicated on the map in Figure 5 of the EIS. JAN 12 1999 7 C. Section 3.8.5.4.1 (4)(~ of the EIS shall be amended to indicate the type of enhancement that is proposed within the preserve area. This enhancement shall meet the Collier County Environmental staffs approval. D. The PUD document and master plan, and the EIS shall be amended to show the required preservation area of 9.48 acres. E. The PUD document shall be amended to show the following: (a) Residential Tracts should be labeled as D and E; Open space and recreational tracts in the PUD document shall include Tract C; Tracts F, G, H, & J shall be labeled as preserve or conservation tracts and shall be placed in their own section within the PUD document. These tracts shall also be labeled as preserve or conservation tracts on the PUD Master Plan. F. The Water Management Plan shall be revised as follows: (a) A rear lot swale/berm cross-section for lots adjacent to preserve areas and the lake shall be provided. (b) A note shall be added to the plan to the effect that perimeter berms greater than 3 feet in height shall have a slope of no greater than 4:1 (unless landscaped) and a toe of slope no less than 5 feet fi'om a property line. JAN 12 1999 REZONE FINDINGS FOR PETITION PUD # 98-17 Section 2.7.2.5. 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 and Future Land Use map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan for Collier County, and all other elements, their objectives and policies. The Urban Residential Future Land Use Map (FLUM) designation, applicable to the property, anticipates a zoning action to any residential zoning district so long as the authorized density is consistent with the density rating system to the FLUE. The requested density of three (3) dwelling units per acre does not exceed the maximum pennitted density of four (4) dwelling units per acre based on the criteria in the Density Rating System contained in the FLUE. 2. The existing !and use pattern; Pro/Con: Evaluation not applicable. Summary Findings: Existing: The subject site is vacant and has an Agricultural (A) zoning designation and is undeveloped. Surrounding:North - Saxon Manor Isles PUD/Agriculture; open space/multi-family South - Davis Boulevard right-of-way East - Brettone Park PUD; internal right-of-way/recreation area West- Bittenburg PUD; multi-family dwelling units 3. The possibility creating of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. J A N 12, 1999 1 Summary Findings: The site is adjacent to existing single family and multi-family developments to the north, east and west. The availability of adequate infrastructure and the proximity to adjacent development's justify a rezoning action to PUD. 4. Whether existing district boundaries are illogicaily drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findings: The district boundaries are logically drawn. The site is similar in area and shape to the Whittenberg Estates PUD adjacent to the site on the west side. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findings: The proposed change is appropriately based on the existing conditions of the property, and because it is consistent with the Future Land Use Element of the Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The zoning designation of the adjacent property to the west, legally allows a density of 4.29 dwelling units per acres, 1.29 dwelling units/acre more than is permitted by this petition therefore, the rezoning action should not adversely affect living conditions in the area. (ii) The proposed master plan shows proposed residential areas of the site are isolated from the contiguous residential property to the west. The proposed residential areas on the subject site are separated fi'om the neighboring property by a preserve area and required landscape buffers. Con: The conversion of raw land to urban development may be viewed by the neighboring property owner's to the west as an infringement on their existing quality of environment. However, by law, the County cannot deny a property owner reasonable use of his/her land, consistent with the Comprehensive Plan, without fair compensation. Summary Findings: The proposed zoning amendment will not adversely affect living conditions in the neighborhood because the recommended development standards and other conditions for approval have been developed and designed to ensure the least amount of adverse impact on adjacent 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 of the development, or otherwise affect public safety. Pro: (i) The proposed development of the subject property is consistent with the pro¥izicniE~ls-~T Traffic Element of the Growth Management Plan, therefore the add~tmnal traffic generafed b:~°the ~-~,~ e 1999 2 ~ proposed development should not adversely affect the comfort and safety of existing users on adjacent public roads. (ii) Access to the subject property is by way of an interconnect with the Whittenberg PUD to the west. Access to the Whittenberg PUD is provided from Davis Boulevard, a 4-lane State roadway. Con: As urban intensification increases, there is some loss of comfort and ease of travel to motorists using the adjacent roadways. However, by law, this degree of discomfort is regulated by concurrency requirements. Summan' Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent. Additionally, turn lanes, dedications, contributions to traffic signal costs, etc.) In the final analysis all projects are subject to the Concurrency Management system. 8. Whether the proposed change will create a drainage problem; Pro: Water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: Urban intensification always poses a threat for area-wide flooding under the most severe rainfall event, unless countywide drainage improvements are made commensurate with urban intensification. Summary 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 as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area-wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summary 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 other 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 value.~ in the adjacent area; Pro: Urban intensification typically increases the value of adjacent vacant or underutilized land. Con: None. N~~ ' J~N 12 ~999 3 Summary. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property. valuation is affected by many factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or 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. Summary, Findings: Application of the development standards found in the Land Development Code combined with the administrative site development plan approval process, should give reasonable assurance that the proposed change in zoning will not deter the future 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. Summary_ Findings: Since consistency with the Future Land Use Element of the County's Growth Management Plan is deemed to be in the public's interest, and because the proposed rezoning action and subsequent development complies with the Growth Management Plan, then the proposal can be deemed not to constitute a special privilege and in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findings: The subject property is not undevelopable under its current zoning designation. The petitioner's request is consistent with the Future Land Use Map in that the site is located in an Urban Designated Area. Surrounding properties north, east and west of the site are already developed or are under development at densities which are higher than what is currently permitted by the Agricultural zoning designation of the subject site. To develop this site at its present, allowable density of one (1) dwelling unit per five (5) acres would be incompatible with the surrounding land uses north, east, and west and is inconsistent with the intent of the Urban Land Use designation as described in the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. JAN 12 1999 4 L Pg' /~2" Summary 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 for this site. 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. Summary Findings: This is a special purpose petition which involves establishing a density not otherwise available in an existing Agricultural zoning district. 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. Summary Findings: The extent of site alteration will be determined as a function of obtaining Site Development Plan approval which will be necessary to execute the PUD's development strategy. 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 as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Application not applicable. Summary Findings: Sanitary sewers and municipal water utilities are available to serve the development. Review by jurisdictional staff for consistency evaluation with GMP required levels of service advise that there is no deficiency. JAN 1 g 1999 5 p~. Z/J:7 FINDINGS FOR PUD PUD-98-17 Section 2.7.3.2.5. 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: (i) The subject site is located adjacent to an existing single family and multi- family development on the north, east and west sides. (ii) Intensifying land development pattems produces economies of scale relative to public utilities, facilities and services, which are currently available in this area. (iii) The extent that location choice is enhanced for residential environments within the designated urban area reduces the push on urban sprawl. Con: (i) Nearby residential communities often perceive residential intensification in their area as contributing factors to inconveniencing movements to and from their place of residence. Finding: Jurisdictional reviews by County staff support the manner and pattem of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff and the CCPC. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Findint: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of Common areas. JAN 1 ,g 1999 6 . 3. Conformity, of the proposed Planned Unit Development with the goals, objectives and ;A policies of the Growth Management Plan. Pro/Con: Evaluation not applicable. Findinl~: The subject petition has been found consistent with the goals, objectives and policies of the Groxvth Management Plan. The subject property is designated Urban Mixed-Use - Urban Residential on the FLUE to the G.'MP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan. 4. The internal and external compatibili~' 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. Finding: The PUD Master Plan has been designed to optimize intemal land use relationships through the use of various forms of open space separation (i.e., preserves, lakes, etc.). External relationships are regulated by the Land Development Code to help assure harmonious relationships between projects. In this particular project environmental conditions of the site act to create a significant natural open space separation from any future uses to the south of the site. 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 of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. JAN 12 1999 Findine: Timing or sequence of development in light ofconcurrency requirements automatically triggers the mechanism for ensuring that future LOS degradation is not allowed or the LOS deficiency is corrected. See Finding No. 1, also applicable for this finding. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Findine: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal systems, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. Development of the subject property is timely, because supporting infrastructure is available and deemed to be adequate. 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. Findine: This finding essentially requires an evaluation of the extent to which development standards 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 used for particular housing structures and associated area requirements. JAN 12 999 8 L.p~' ,-~/ 1 ORDINANCE NO. 99- 4 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE -- "T~C/' 5 COLLIER COUNTY LAND DEVELOPMENT CODE WHICH · ~ ....... .._:._ ...; ......... ~ .... 6 INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR 7 THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA + - .- 8 BY AMENDING THE OFFICIAL ZONING ATLAS MAP NLrMBER ..... ~. ': ........ .-~-.= ........... -~--': 9 0606S; BY CHANGING THE ZONING CLASSIFICATION OF . . .~__~___. ..... 10 THE HEREIN DESCRIBED RE~L PROPERTY FROM "A" RUP~AL 11 AGRICULTURE TO "PUD" PL~_NNED UNIT DEVELOPMENT ~z~.~_~x;;_~¥~ ....... · ,=~L 12 KlqOVFN AS WHITTENBERG ESTATES PUD FOR A MAXIMUM OF -.---- ~ . .-_..~--.---- 13 114 SINGLE-FAMILY A/qD FF~F.TI-FAMILY DWELLING UNITS, ..._ .. '.~ - - · !'~; ~4 LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD {S.R. =~~i~e~-~'~'r~'~:~j~k'~'r'~r~'e=''~ 15 84), EAST OF WHITTEN DRIVE IN SECTION 6, TOWNSHIP ........... ~ .......... ,, .=n===r=-- 16 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, -=-z==-~---.--- ~-== . . 17 CONSISTING OF 38~ ACRES; AND BY PROVIDING AN - ls EFFECTIVE DATE. ........ 20 WHEREAS, Blair A. Foley, P.E., of Coastal Consultants, Inc., 2~ representing James Gorman, petitioned the Board cf County 22 Commissioners to change the zoning classification of the herein 23 described real property; ..... _ .... .~, ......... .-=:, 24 NOW, THEREFORE BE IT ORDAINED by the Board of County ;--i.~.;~=~- .=a.-.~i~.=.:~-i:-~2 25 Commissioners of Collier County, Florida: -i;-E ..... '~' ......--'~-:~""~-~ 26 SECTION ONE: 27 The zoning classification of the herein described real -- -.I - · 28 property located in Section 6, Township 50 South, Range 26 East, 29 Collfer County, Florida, is changed from "A" Rural AgriCulture to .f:~:_-._,-i :.~.~-m:~-~-~;~:- ..... 30 "PUD" Planned Unit Development in accordance with the Whittenberg -_------------------. = .. 31 Estates PUD Document, attached hereto as Exhibit "A" and ......... v .... . -:r?>= ..... .~.c=:-~---- 32 incorporated by reference herein. The Official Zoning Atlas Map 33 Number 0606S, as described in Ordinance Number 91-102, the 34 Collier County Land Development Code, is hereby amended ' ' ... 35 accordingly. 36 SECTION TWQ; "~ 37 This Ordinance shall become effective upon filing with the ~j%,. ............. ~ = ~ ......... ~ 38 Department of State. 41 -,,.: . ,, 'I? _ "' "";' '~""a' ' 42 ~ -1- ~~-~ JAN 12 1999 3 PASSED AND DULY ADOPTED by the Board of County Commissioners 4 of Collier County, Florida, this __ day of , 5 1999. 6 7_ - ...... = ........ "-- ~ 7 BO~D OF COUNTY COMMISSIONERS ....... s COLLIER COUNTY, FLORIDA 9 ..,~,~,..,~.~,..__.~,,__.w.~,~,~,-' ..... 1t ATTEST: ...... __ .......... ~'==-=~ 14 DWIGHT E. BROCK, Clerk = ~ .--. .... 15 le Approved as to Form 19 and Legal Sufficiency ~,:-- ~..~ ..... .~ ..... 24 Assistant County Attorney .... - 26 P~-98-17 OP~iN~4CE/ 28 ._ '-~' -2- JAN 1 S 1999 WHITTENBERG ESTATES A PLANNED UNIT DEVELOP/~IENT REGULATIONS AND CONCEPTUAL MASTER PLAN GOVERNING DEVELOP.~IENT OF WHITTENBERG ESTATES A PLANNED UNIT DEVELOPI~{ENT PURSUANT TO PRO'VISIONS OF THE COLLIER COUNTY LAND DEVELOP~{ENT CODE PREPARED FOR: WHITTENBERG DEVELOPIXlENT CORPORATION PREPARED BY: COASTAL ENGINEERING CONSULTANTS, INC. 3106 S. HORSESHOE DRIVE NAPLES, FL 34104 CEC FILE NO. 98.114 September 25, 1998 DATE FILED: DATE RE\.:ISED: DATE REVIEXVED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: Exhibit "A" V 13 D 9 8- x 7 N:G~ JAN i 2 1999 TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I PROPERTY O\x/~ERSHIP & DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III RESIDENTIAL TRACTS D & E SECTION IV OPEN SPACE TRACTS B & C SECTION V PRESERVE/CONSERVATION TtL~,CTS F, G, H & J SECTION VI DEVELOPMENT COMMITMENTS EXHII~IT "A" PUD MASTER PLAN JAN J. ~ 1999 STATESlENT OF CONi'PLIANCE The development of approximately 38.0 acres of propen)' in Collier Count`:,,, as a Planned Unit Development -known as Whittenberg Estates, is in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential, recreational, and other development authorized herein will be consistent with the ~owth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Grox~h Management Plan in effect at the time of approval by the Collier Count,:,, Board of County Cormnissioners for the following reasons: Residential Project 1. The subject property is within the Urban Residential land use designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and ser,'ices permits the development's residential densit)' as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Future improvements are planned to be in compliance with all current and applicable land development regulations as set forth in the Growth Management Plan and amendments thereto. 5. The project development results in an efficient and economical extension of community facilities and ser,'ices as required in Policies 3.1 .H and L of the Future Land Use Element. 6. The project development incorporates a natural system for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element. 7. The maximum density is 3.0 dwelling units per acre and is in compliance with the Future Land Use Element of the Growth Management Plan which allows a base densit3, of four (4). 8. The project includes extensive open space in the form of a native vegetation preser,,'e to provide a high quality of life for its residents. JAN 12 1999 SECTION I PROPERTY O~VNERSHIP AND DESCRIPTION 1.1 ~ The purpose of this Section is to set forth the location and ownership of the propert),, and to describe the existing conditions of the property being developed under the project name of \Vhittenberg Estates. 1.2 PROPERTY OXV'NERSHIP The subject property. is currently under the ownership of Bernard Cohen, P.O. Box 600343, North Miami Beach, Florida 33610. 1.3 LEGAL DESCRIPTION The east one-half of the east one-half of the southeast one quarter, Section 6, Township 50 South, Range 26 East, Collier CounW, Florida, subject to easements, restrictions, reservation and rights-of-way of record. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site contains 38.0 acres and is located in lands lying within Section 6, Township 50 South, Range 26 East, Collier County, Florida. The property is bounded on the north by Saxon Manor, on the east by Glen Eagle Golf & Country Club, and on the west by the Whittenberg PUD.' 1.5 PROJECT DESCRIPTION Whittenberg Estates is a proposed residential community. The project will consist of a maximum of 114 units, recreational pool area and gate house. The project entrance is off Whirtenberg Drive from the adjacent PUD, and the internal road system is a two lane dead-end cul-de-sac. The maximum number of dwelling units for the project will be 114 units, resulting in a gross density of 3 units per acre. 1.6 q~IAD3LT_TiTLi This Ordinance shall be -known and cited as the Whittenberg Estates Planned Unit Development Ordinance. JAN 12 1999 I~1 SECTION II PROJECT DEVELOPIHENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable Count), ordinances and the respective land uses of the tracts included in the project. 2.2 ~ A. Regulations for development of Whirtenberg Estates shall be in accordance with the contents of this document, PUD-Plarmed Unit Development District and other applicable sections and parts of the Collier Count5, Land Development Code and Collier County Grox~th Management Plan in effect at the time of local final development order or building permit application. \~ere these PUD regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier Count), Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of local final development order or building permit application. C. The development permitted by the approval of this petition will be subject to review under the applicable provisions of the Land Development Code in effect at the time development permits are requested. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable fo this development. 2.3 DESCRIPTION OF THE PUD MASTER PLAN The PUD Master Plan including layout of streets and uses of land for the various tracts is iljustrated graphically by the PUD Master Plan, Exhibit "A'. 2.4 PERMITTED DENSITY .-. No more than the maximum of 114 dwelling units shall be constructed in the total project area. The gross project area is 3 8.0 acres. The gross project densit)', therefore, will be 3 units per acre. JAN 12 1999 II-1 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to recording the Subdivision Plat, and/or approval of a Condominium Plat, final plans shall receive approval of the appropriate Collier County. governmental agency to insure compliance with the PUD Master Plan, the Collier County Land Development Code and the platting laws of the State of Florida. 2.6 MODEL HOMES AND SALES FACILITIES Model homes/dr), model home centers, sales centers and administrative offices shall be permitted in conjunction with the promotion of the development after approval of the preliminary subdivision plat, consistent with the requirements of Section 2.6.33.4 and any other applicable sections of the Land Development Code. 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLA.N Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.8 ASSOCIATION OF PROPERTY O\~.~ERS FOR COMMON AREA MAINTENANCE The land areas and recreation amenides will be under common ownership of all subsequent purchasers of property within said development. The developer has provided the appropriate legal instruments for the establishment of a Master Property. Owners' Association whose function includes provisions for the perpetual care and maintenance of those common facilities and open space. This document is -known as the "Master Declaration of Covenants, Conditions and Restrictions for Whinenberg Estates", to be recorded in the Public Records of Collier Counb,. JAN I g 1999 ]:I-2 SECTION III RESIDENTIAL TRA, CTS D & E The purpose of this Section is to identify. specific development standards for areas designated on the PUD Master Plan as residential tracts, 3.2 MAXIMUM D\VELLING U.~ITS Tracts designated for residential uses shall be developed in accordance with the standards set forth in the Collier County Land Development Code and the development regulations established in this Ordinance provided the total number of dwelling units for the entire \Vhittenberg Estates PUD does not exceed 114. 3.3 USES PEKNIITTED The type of principal use that characterizes the initial development of any platted tract shall be carried throughout the development of that entire tract. "" No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Detached 2. Multi-Family/Zero Lot Line 3. Recreation Community Facilities (See B.2 below) 4. Duplex B. Accesson, Uses: 1. Customary accessor,., uses and structures, including carports, garages, patios, pools, spas, decks, fences and other accessory uses that are typically associated with similar principal uses per the Land Development Code. 2. Recreational community facilities that serve as an inte~al pan of a residential tract and have been designated, reviewed and approx;ed on a Site Development Plan or Preliminary Subdivision Plat for that development Recreational facilities may include, but are not limited to a pool building and swimming pool. 3. Small buildings, enclosures, or other structures constructed for purposes of maintenance, service or shelter. "' 4. Small docks, piers, boardwalks or other such facilities constmcteC for o es III-1 3.4 DEVELOPMENT STANDARDS TI;PE 'T' SINGLE- TYPE "III" PEK~HTTED USE ST.~N'D.~x~I)S FA.~/LY TYPE "II" ZERO LOT LINE/ DETACHED ~K'LTI-FA_'~IILY DUPLEX Minimum Land Area Per Dwelling Unit 4500 SF 1 ACRE 3500 SFir~ Min. Site or Lot Width 38 FT 50 FT 38 FT Min. Front Yard Setback, Principal 25 FT 30 FT 25 FT Min. Front Yard Setback, Accessor>.' 10 FT 10 FT 10 FT Min..Side Yard Setback, Principal 7~,I FT 15 FT 0 FT or a rain. of 6 F~ Min. Side Yard Setback AccessoD' 7L! FT 15 FT 0 FT or a min. of 6 FT Side Yard Setback, Walls ,' Fences 0 FT 0 FT 0 FT Min. Rear Yard Setback, Principal 20 FT 30 FT 20 FT Ivin. Rear Yard Setback, Accessor>.' I0 FT 10 FT 10 FT Max. Building Height 35 FT 40 FT 40 FT Min. Distance Bem'een Principal Structures 12 FT 15 FT 12 FT Min. Floor Area'Dwelling Unit 1200 SF 1000 SF 1000 SF NOTL' All rards and set-back:s shaft be in relation to the individual parcel bounda~3' except as othe~cise provided. ~:~ Each half of Duplex unit requkes a lot ~ea allocation of 3,500 S.F. for a total m~um lot ~ea ofT,000 S.F. (2)X~ere the zero (0) feet y~d option is utilized, ~e opposite side of~e s~cmre shall have a skx (6) foot side yard. Zero (0) foot >'~& may be used on either side of a s~cmre provided ~at ~e opposite s~ (6) foot side y~d is provided. Front y~d setbacks shall be measured as follows: (a) If the p~cel is se~'ed by a public or private fight-of-way, setback is measurd from the adjacent fight-of-way line. (b)If the p~cel is sen'ed by a non-plaued private drive, setback is menured from the back of curb, valley ~ner or edge of pavement. (c) If the parcel is sen,ed by a planed private drive, setback is measured from the road easement or prope~, line. (d) The first dwelling unit constructed in a series of zero lot line developments shall establish the zero lot line side for that tract or series of zero lot line dwellings. 3.5 OFF-STREET PAKK~'G AND LOAD~G REQUIREN~ENTS A. As required by Division 2.3 of the Collier County Land Development Code in eftel the time of building petit application. i ":~~ B. No recreational or ~erci~ vehicle p~king is allowd within residentia! tracts. C. P~king within pfincip~ stmc~es is peking. (i.e., g~ages) ! J~N1 1999 III-2 ~ SECTION IV OPEN SPACE TRACTS B & C 4.1 ~ The purpose of this section is to set forth the development plan and development standards for the areas designated as Tracts B & C on the PUD Master Plan, Exhibit "A". The primary function and purpose of these tracts are to provide lake, open space, and recreational facilities. If any vegetation is removed within these tracts, it shall be provided elsewhere within the PUD to maintain the required twenty-five percent (25%) retained native vegetation. 4.2 USES PERMITTED No building or structure or pan thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following; A. Principal Uses: 1. Lakes, pool building, pool, and tennis courts. 2. Open Spaces,'.Xature Preserves (Consen'ation Area). 3. Small docks, boardwalks, or other such facilities constructed for purposes of lake or preser,~e access. 4. Small buildings, enclosures or other structures constructed for the purpose of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4.3 DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures. location of access streets and parking areas and location and treatment of buffer areas. B. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. C. A site development plan meeting all of the Development Re~malations shall be required in accordance with Section 3.3 of the Land Development Code. D. Minimum Off-Street Parking and Loading: As required by Division 2.3 of the Land Development Code in effect at time of building permit application. E. Principal structures shall be set back a minimum of 20' from abutting res dential tracts outside this Planned Unit Development JAN 1 g 1999 IV- 1 SECTION PRESERVE/CONSERVATION T1L-XCTS F, G, H & J The purpose of this section is to set forth the de','elopment plan and development star~dards for the areas desig'nated as Tracts F, G, H & J on the PUD Master Plan, Exhibit "A". The primar,,' function and p~:rpose of these tracts is to provide exclusive preser~.'e~conser','ation areas. A. No development is permitted on these tracts. v-1 JAN 1 g 1999 SECTION VI DEVELOPMENT CO~I.'XlIT~IENTS 6.1 ~ The purpose of this Section is to set forth the development commitments for the development of Whinenberg Estates. GENE~L All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable state and local laws, codes, and regulations applicable to this PUD in effect at the time of local final development order or building permit application. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assi~mas, shall be responsible for the commitments outlined in this document. The developer and all subsequent landowners are required to satis6' the requirements of all applicable County ordinances or codes in effect prior to or concurrent with any subsequent --- development order relating to this site. This includes, but is not limited to, Subdivision Master Plans. Site Development Plans and an3, other application that will result in the issuance of final local development order or building permit. 6.3 PUD MASTER PLAN A. Exhibit "A": The PUD Master Plan reflects the proposed site improvements. B. All necessary easements, dedications, or other instruments have been, or shall be, Vanted to insure the continued operation and maintenance of all sen'ice utilities and all common areas in the project. 6.4 SCHEDULE OF DE\.'ELOPMENT The proposed start date is January of 1999 with completion targeted for January of 2002. The proposed development is to be built within a single phase with all infrastructure and recreational facilities to ser~'e the entire PUD. The PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 6.5 DEVELOP-NiENT SUBSTITUTIONS FROM STANDARD SUBDIX"ISION REGULATIONS A. Substitute Section 3.2.8.4.16.5. of the Land Development Code such that minimum ,_... fight-of-way easement widths for platted roads with valley gutter or curb and gutter regulations shall be 50 feet. N~~ JAN 12 1999 VI-1 B. Substitute Section 3.2.8.3.17.3. of the Land Development Code such that five (5) foot sidewalks shall be provided on one side of the street only. 6.6 ACCESSORY STRUCTURES Accessor;,,, structures shall be constructed simultaneously with, or following the construction of, the principal structure except as allowed in the Land Development Code and for the construction site office and related facilities such as Project Administrative Offices and Project Sales Offices. 6.7 SIGNS All si_m'~s shall be in accordance with Division 2.5 of the Collier County Land Development Code. 6.8 ENVIRONMENTAL Prior to final site development plan approval, the petitioner shall provide a narrative management plan indicating the manner in which the owner will protect the presen'es (upland, wetland and littoral) communities pursuant to Section 3.9.5.3 of the Collier County Land Development Code. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Envirom~3ental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All consen'ation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. In the event the project does not require platting, all conser','ation areas shall be recorded as conser~,atior~/preserx'ation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida statutes Section 704.06. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet fi'om the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. An exotic vegetation removal , monitoring, and maintenance (exotic fi'ee) plan for the site, with emphasis on the conser','ation'preser','ation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan:construction ~lan a~?J~ vI-2 J/ N 12 1999 This plan shall include the methods of exotic vegetation removal to be used within all conservation:presen,ation areas. Petitioner shall comply with guidelines and recorm'nendations of the U.S. Fish and Wildlife Sen,ice (USF\VS) and Florida Gmne and Fresh Water Fish Commission (FGF\VFC) regarding potential impacts to protected wildlife species. \Vhere protected species are obsen'ed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planing Environmental Staff for review and approval prior to final site plan/construction plan approval. A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer at no cost to Collier Count>' and the State of Florida. Potable water and sanitary sewer facilities constructed within platted rights-of- way or within dedicated Count), utilit)' easements, required by the Count)', shall be conveyed to the Count>' for ownership, operation and maintenance pursuant to Collier Count), Ordinance No. 88-76, as amended and all State and Federal re~mllations and adopted policies in effect at the time of conveyance. All potable water and sanitary sewer facilities constructed on private propen).' and not required by the County to be located within Count)' utility easements shall be owned, operated and maintained by the developer, his assi~m'~s or successors. Upon completion of the potable water and sanitary sewer facilities within the project, the facilities shall be tested to insure the>' meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks shall be completed to the satisfaction of Engineering Review Senices prior to placing the facilities, whether Count), owned or privately owned, into senice. Upon completion of construction of the potable water and sanitary sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project, the utility facilities shall be conveyed to the Count>', pursuant to Collier Count)" Ordinance No. 88-76, as amended and all regulations in effect at the time conveyance is requested. B. All construction plans, technical specifications and proposed plats, if applicable, for the proposed potable water and sanitary sewer collection and transmission systems, whether Count' owned or privately owned shall be reviewed and approved by Engineering Review Sen'ices prior to cormnencement of construction. C. All customers connecting to the potable water distribution system shall be customers of the Count5' and shall be billed by the CounD' in accordance with the County's established rate. D. All potable water and sanitar), sewer facilities in publicly owned fights-of-way or within dedicated Count)' utilit)' easements within the project's limits shall make. connection to the County's off-site potable water systems and sanitary. sewer facilities includin~ but not limited to the following: JAN 1 g 1999 VI-3 1) Main sewage lift station and properly sized force main interconnecting ~x;ith the County utility easements necessary. 2) Potable water distribution facilities from the point of connection with the County's potable water facilities to a point of the project's property line. 3) Construction and ownership of the potable water and saniraD, sewer facilities shall be in compliance with Collier County Ordinance No. 88- 76, as amended, all Federal, State regulations which apply and practices in effect at the time construction approval is requested. 4) . Detailed hydraulic desi~tm reports covering potable water and sanitary sewage collection and transmission systems to serx,e the project shall be submitted with the construction documents. The reports shall list all desig-n assumptions, demand rates and all other factors pertinent to the system under consideration. 5) Certifications of Occupancy for structures constructed within the project shall not be approved by Engineering Review Sen'ices until fire flow tests hax;e been conducted on the project's potable water distribution system and the results are found to be acceptable and approved. 6.10 TRANSPORTATION A. The developer shall provide arterial level street lighting at the project entrance; such improvements shall be a condition of obtaining the first Certificate of Occupancy. B. Provisions for 25 feet of drainage easement and five (5) feet of bike/sidewalk easement shall be dedicated as outlined on PUD Sheet Exhibit "A" prior to issuance of the first Certificate of Occupancy. Upon request by appropriate Count), representatives, Developer shall provide the 25 feet of right-of-way, via Statutory. Warranty Deed, to Collier Count)', a political subdivision of the State of Florida, (along the full length of the property's Davis Boulevard (S.R. 84) frontage) along the north side of the existing right~of-way of Davis Boulevard and over the entire length of the property owned. The obligation to convey the above real property interest shall include obtaining and providing, at the Developer's expense, an ALTA Form B (marketability) title insurance commitment within thirty (30) days of a request to do so by the County. Further, the Developer shall cooperate and follow all requirements contained in any commitment with Collier County. The date of said title commitment shall not be more than one hundred twenty (120) days prior to the date of the recording of the conveyance by the Developer, at its sole expense, shaI1 also cause a final title insurance poli. t in favor of Collier Count),, a political subdivision of the State of Florit a. which is in conformance with the CounD"s standard title insurance procedures ar cl'gd~li~ VI -4 Said title insurance policy shall be consistent with the previously submitted title insurance commitment. This obligation shall bind the Developer, as well as run with the land, upon approval of this PUD amendment petition, PUD-89-1(1 ). C. The developer, its assigns 0r successors, shall provide a fair share contribution toward the capital cost of future bikeways adjoining the project. D. Access improvements are not subject to impact fee credits and shall be in place before any Certificates of Occupancy are issued. This requirement shall be waived for models. Project access and throat len~h shall be designed in accordance with Collier County Standards. E. Road impact fees shall be as set forth in Ordinance 92-22, as amended, and shah be paid at the time building permits are issued unless othenvise approved by the Board of County Commissioners. F. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. _-- G. .tun interconnected road right-of-way to the adjacent property to the west is proposed as shown on the PUD Master Plan, Tract "S. H. A copy of the SF\x,~MD Surface Water Permit shall be submitted prior to final construction plan approval. I. An Excavation Permit will be required for the proposed lake in accordance with Division 3.5 of the Collier County LDC and SF\VMD rules. J. Prior to issuance of the first Certificate of Occupancy, an 80-foot wide Drainage Easement along the entire Davis Blvd. Frontage, including an unencumbered 25-foot wide maintenance access travelway along the north side of the Drainage Easement shall be dedicated to Collier County. K. In coordination x~;ith plans for the Lely Branch Canal, the developer shall excavate a 55-foot top width canal within the gO-foot Drainage Easement with the bottom width, bottom elevation. and side slopes as specified by the County StonT~water Management Department. 6.11 ARCHEOLOGICAL Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site /'- clearing, excavation, or other construction activity an historic or archaeolog cal artifact found, all development within the minimum area necessary to protec~ the disc immediately stopped and the Collier County Code Enforcement Department con acted. JAN 1 g 1999 VI-5 ~g. EXECUTIVE SUMMARY PETITION R-98-6, GEORGE VEGA OF STANLEY, ZELMAN & HANLON P.A., REPRESENTING URSULA THOMPSON, REQUESTING A REZONE FROM "RMF-6" TO "C-2" FOR PROPERTY AT 2831 BECCA AVENUE, FURTHER DESCRIBED AS LOTS 45 THROUGH 50, REBECCA WEEKS SUBDIVISION, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.02 ACRES MORE OR LESS. OBJECTIVE: This petition seeks to have certain property rezoned from "RMF-6" to "C-2." The objective is to allow for the continued use of a beauty shop at the subject site. CONSIDERATIONS: The petitioner proposes to rezone the above referenced single family residential site to C-2 utilizing the Commercial Under Criteria provision contained in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The site is currently designated Urban (Urban Mixed-Use, Urban Coastal Fringe Sub-district) on the FLUE and is located outside an Activity Center. The applicant claims that the beauty parlor has been in existence prior to 1990. Furthermore, the owner was issued an Occupational License in 1992 for Ursula's Beauty Shop as a home occupation which has been renewed each year thereafter. However, on August 20, 1998, a Notice of Ordinance Violation was issued for the commercial use of a residential zoned property without receiving appropriate Collier County approval. This notice of violation was issued based on the fact that a beauty shop use should not have been permitted as a home occupation and that no evidence has been provided that the beauty shop was ever legally permitted when it first commenced operation. There are three provisions in the FLUE which permit rezones to allow commercial uses as follows: a) Activity Centers; b) PUD Neighborhood Commercial; c) Commercial Under Criteria. Since the site is not within an Activity Center and is not a component of a large PUD providing commercial uses, the site must be found consistent with the Commercial Under Criteria. There are six Commercial Under Criteria and sub-criteria which must be met in order to be found consistent with the FLUE. 1. The property width is less than 200 feet. This criteria is met since the site is only 147 feet wide. 2. The property is bounded by commercial on both sides (may include an intervening public right-of- way if the subject site doesn't abut a waterbody). This criteria is not met unless the Board of County Commissioners interprets two intervening streets (including one road classified as a collector road) is acceptable. 3. The site abuts an arterial road. This criteria is not met. However, if the Board of County Commissioners interprets abutting a collector road is acceptable, as was d~ne with..the /'-- approval of Petition R-97-12, then this criteria is met. JAN 12 1999 4. The site is located in an area generally retail commercial in character or in proximity to zoning that permits retail commercial uses. This criteria is met. 5. The depth of commercial zoning along the arterial roadway will not exceed the depth of adjoining commercial properties. This criteria is not met, 6. Traffic generated by the proposed use(s) must not exceed 5 percent of the LOS "C" design capacity on abutting streets that provide access. This criteria is met since the site generated traffic will not exceed 5 percent of the LOS "C" design capacity of Bayshore Drive or on Becca Avenue. 7. The total building floor area for the site cannot exceed 25,000 square feet. Given the fact that the total land area is only 40,425 square feet, this limitation should easily be met. In addition, the existing beauty shop structure is only 1,158 square feet in size, therefore, this criteria is met. Conclusion: It is staffs determination that this petition is only consistent with the Commercial Under Criteria of the FLUE if the BCC makes the above referenced interpretations. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning action from RMF-6 to C-2 would not change any level of service relationship. It should be noted that the subject site falls within the Bayshore Redevelopment Area. It is possible that, as part of a redevelopment plan for this area, the subject site would be eligible for commercial zoning or for a proposed residential/personal service district that would allow for a beauty shop within a residential dwelling. The traffic impact review indicates that the proposed "C-2" uses could generate approximately 1,400 trips on a weekday and 10.2 trips during the A.M. peak hour. As a result, the proposed petition doesn't exceed the significance test on any roadway segment within the project's radius of development influence (RDI). In addition, Bayshore Drive is a paved 4 lane collector road fronting the project. The current traffic count for this segment is 14,788 AADT which results in LOS "B" operation. Therefore, this petition is consistent with the Traffic Circulation Element (TCE) of the Growth Management Plan. A discussion of land use compatibility, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. Staff is of the opinion that the proposed zone change must be consistent with the Commercial Under Criteria in order to allow the continued use of the beauty shop or permit other C-2 uses on the subject site. This petition is only consistent with this criteria if the BCC makes the interpretations as noted in the staff report. This includes finding that the depth of the proposed commercial property does not exceed the depth of the adjacent commercial property. It should be noted that the depth of the commercial zoning varies along Bayshore Drive. For example, the depth of the commercial zoning is twice as deep off of Weeks Avenue to the north and nearly that distance off of Bayview Drive to the south. Since the existing residential structure is located on Lot #46, the depth of the proposed commercial zoning would intrude into the existing residential neighborhood to the west. Conversely, the existing beauty shop or the land uses permitted by the proposed C-2 zoning district are similar to or less intensive than the existing C-4 commercial uses in the area. Lastly, the ..... ,-~,'rnitted .... r~,(IEi~DA ITEM in the C-2 district will be limited so as not to exceed 5 percent of the LOS "C" desil~n cal~ac:ty ~,,, _X~)3 Bayshore Drive. Staff is of the opinion that the proposed zone change from RM]~-6 to C-2 is 2 J A N 12, ]999 compatible with the surrounding commercial land uses to the south and east. It is not compatible with the residential land uses to the north and west. Therefore, should this petition be found consistent with the Commercial Under Criteria, staff recommends that the proposed C-2 zoning be limited to Lots 46, 47, 48, 49, and 50. By excluding Lot #45 form this zoning action (see Zoning Map), it will serve as a buffer from the residential properties to the west and reduce the depth of the C-2 district into this residential community. Since the subject site is located within the Bayshore Redevelopment Area. It is possible that, as part of a redevelopment plan for this area, the subject site would be eligible for commercial zoning or the proposed residential/professional service district. As a result, staff is of the opinion that this petition should be continued until such time as the Bayshore Redevelopment Plan is completed. At that time the petition can be modified to be consistent with the Bayshore Redevelopment Plan and the Growth Management Plan. However, should the BCC find this petition consistent with the Commercial Under Criteria, staff recommends that the C-2 zoning be limited to Lots 46, 47, 48, 49, and 50. The Collier County Planning Commission reviewed this petition during their public hearing on December 17, 1998. They voted 8 to 0 to forward Petition R-98-6 to the Board of County Commissioners with a recommendation to continue this petition until such time as the Bayshore Redevelopment Plan is adopted. At that time, this petition shall be revised to be consistent with the provisions of the Bayshore Redevelopment Plan and the Future Land Use Element. As a result, the Planning Commission made no finding that this petition is or is not consistent with the Commercial Under Criteria that is currently in effect. Lastly, three persons spoke in opposition to the rezoning of the subject site to C-2, however, they expressed their support to allow the continued operation of the beauty shop as it currently exists. Their concern was that the property could be sold and redeveloped in the future with a large retail facility that would adversely impact the residential neighborhood. It should be noted that Section 2.7.2.11 of the Land Development Code states that if a Planning Commission (CCPC) recommendation is not legislatively decided within 90 days of the date of closing of the public hearing by the Board of County Commissioners, the application upon which the report and recommendation is based shall be deemed to have been denied, provided that the BCC may refer the application to the CCPC for further study. Based on this information the CCPC recommendation that this petition continued and sent back to the CCPC for further study upon the completion of the Bayshore Redevelopment Plan. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommended to continue Petition R-98-6 ~ntil as the Bayshore Redevelopment Plan is adopted. At that time, this petition shall b{ revised to be74~ conqistent with the provisions of the Bayshore Redevelopment Plan and the Future Land Usedl~l~rn~n 3 PREPARED BY: 1L~//-{BELLOWS, PtLINCIPAL PLANNER DATE CURRENT PLANNING SECTION , iEwED t / RONALF F ."i~2~Ci, AICP, MANAGER DATE CURRENT PLANNING SECTION t~BERT J. MULHERE, A/CP, DIRECTOR DATE PLANrNING SERVICES DEPARTMENT APPROVED B~;:~~/~/~ / 0? ',~/ VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. bdND ENWIRONMENTAL SVCS. R-98-6/EX SUMMARY/RVB/rb JAN 1 g 1999 pg, ,/1/' AGENDA ITEM 7-D MEMORANDUiM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: NOVEMBER 23, 1998 RE: PETITION NO: R-98-6, THOMPSON OWNER/AGENT: Agent: Mr. George Vega Vega, Stanley, Zelman & Hanlon, P.A. 2660 Airport Road S. Naples, Florida 34112 Owner: Ursula E. Thompson 283 1 Becca Avenue Naples, Florida 34112 REQUESTED ACTION: This petition seeks to rezone the herein described property from its current zoning classification of RMF-6 to the C-2 Zoning District to allow for the continued operation of a beauty shop. GEOGRAPHIC LOCATION: The property is located on the northwest comer of Bayshore Drive and Becca Avenue and is timher described as Lots 45, 46, 47, 48, 49, and 50, Rebecca Weeks Subdivision, in Section 11, Township 50 South, Range 25 east. (See location map following page.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to fezone the subject site (Lots 45-50) from the R1VIF-6 Zoning District to the C-2 District to allow for the continued use of a beauty parlor within an existing single story residence which is situated on Lot #46. The site is currently designated Urban (Urban Mixed-Use, Urban Coastal Fringe Sub-district) on the FLUE and is located outside an Activity Center. The applicant claims that the beauty parlor has been in existence prior to 1990. Furthermore, the owner was issued an Occupational License in 1992 for Ursula's Beauty Shop as a home occupation which has been renewed each year thereafter. However, on August 20, 1998, a Notice of Ordinance Violation was issued for the commercial use of a residential zoned property without receiving appropriate Collier County approval. This notice of violation was issued based on the fact that a beauty shop use should not have been permitted as a home occupation and that no evidence has been provided that tbe~ h,~m~t~ - shop was ever legally permitted when it first commenced operation. ! N~GUi2)°-~ ~'~" ~ ~ JAN 12 1999 I ...... BAYSHORE DRI~ (KELLY ROAD RMF-6~ ~ ,/ ..' , _ AIRP~~~L As a result, the property owner is now requesting to rezone the subject site to C-2, utilizing the Commercial Under Criteria provision contained in the Future Land Use Element (FLUE) of the Growth Management Plan. Consistency with the Commercial Under Criteria is necessary in order to obtain the requested C-2 zoning and thereby allow the continued operation of the beauty shop. This criteria applies to sites that are located outside of an Activity Center and are bounded on both sides by commercial uses or approved commercial zoning (may include an intervening public right-of-way if the subject site doesn't abut a waterbody). In addition, the property must meet the following criteria: 1) Have frontage on an arterial road; 2) Located in an area generally commercial in character; 3) The depth of the site will not exceed the depth of the adjacent commercial property along the arterial road; 4) Traffic generated by the proposed use must not exceed 5 percent of the level of service "C" design capacity on abutting street that provide access to the project. The total building floor area cannot exceed 25,000 square feet. The petitioner states that the subject site currently contains one single family residential structure. If the requested rezoning action is approved, the owner could construct a larger commercial structure on the subject site subject to the development standards of the C-2 zoning district and the architectural standards provided in Section 2.8 of the Land Development Code. SURROUNDING LAND USE AND ZONING: Existing: The subject site contains one existing dwelling and is zoned RMF-6. Surrounding: North - Single-Family Residential &rental housing (Zoned: RMF-6) East - Bayshore Drive &undeveloped commercial (Zoned: C-4) South - Becca Avenue & undeveloped commercial (Zoned: C-4) West - Single-Family Residential (Zoned: RMF-6) View of the subject site from Becca Avenue View vacant commercial south of Becca Avenue GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use, Urban Coastal Fringe Sub-district by the Future Land Use Element (FLUE) and it's related Map. A description of this district in the FLUE advises that residential uses are permitted at a base density of 4 units per acre. Non-residential uses; essential services; community facilities; open space uses; and a variety of institutional uses are also permitted. Industrial and commercial uses may be permitted subject to criteria. There are three provisions in the FLUE which permit rezones to allow commercial uses as follows: a) Activity Centers; b) PUD Neighborhood Commercial; c) Commercial Under Criteria. Since the site is not within an Activity Center and is not a component of a large PUD providing neighborhood commercial uses, the site must be found consistent with the Commercial Under Criteria. There are six Commercial Under Criteria and sub-criteria which must be met in order to be found consistent with the FLUE. 1. The property width is less than 200 feet. This criteria is met since the Site iS only 147 feet wide. 2. The property is bounded by commercial on both sides (may include an intervening public right-of-way if the subject site doesn't abut a waterbody). This criteria is not met unle~ts the Board of County. Commissioners interprets two intervening streets (including one road classified as a collector road) is acceptable. It should be noted that the BCC made a similar interpretation for two intervening lOCal Streets with the approval of Petition R-97-12. 3. The site abuts an arterial road. This criteria is not met. However. if the Board of County Commissioners interprets abutting a collector road is acceptable. as was done with the approval of Petition R-97-12. then this criteria is met. 4. The site is located in an area generally retail commercial in character or in proximity to zoning that permits retail commercial uses. This criteria is met. 5. The depth of commercial zoning along the arterial roadway will not exceed the depth of adjoining commercial properties. This criteria is not met. It should be noted that the depth of the commercial property on the east side of Bayshore Drive is the same depth as the subject site while the commercial property_ to the south is approximately half as deep. However, the depth of the commercial zoning varies along Bayshore Drive in the project area. For example. the commercial C4 properW iS twice aS ~teep off of Weeks Avenue to the north and about the same distance off of Ba_vview Drive to the south. In order to more closely meet this criteria. staff recommends that the proposed C-2 zoning be limited to Lots 46. 47, 48. 49. and 50. By excluding Lot ~45 form this zoning action. it will serve as a buffer for the R3IF-6 zoned residential properties to the west, It will also reduce the depth of the C-2 district into this residential 6. Traffic generated by the proposed use(s) must not exceed 5 percent of the level of service "C" design capacity on abutting streets that provide access. This criteria is met since the site generated traffic will not exceed 5 percent of the LOS "C" design capacity_ of Bayshore Drive or on Becca Avenue, I .~G2~.~ 3 ! . JAN 12 1999 7. The total building floor area for the site cannot exceed 25,000 square feet. Given the fact .--- that the total land area is only 40.425 square feet. this limitation shOUld easily be met. In addition. the existing beauP,_' shop structure is only 1.158 square feet in size, therefore. this criteria is met. Conclusion: It is staffs determination that this petition is consistent with the Commercial Under Criteriapf the FLUE if the BCC makes the above referenced interpretations as they did for petition R-97-12. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning action from RMF-6 to C-2 would not change any level of service relationship. It should that the subject site falls within the Bayshore Redevelopmerit Area. It is possible that, as part of a redevelopmerit plan for this area, the subject site would be eligible for commercial zoning. Traffic Circulation Element: The traffic impact review indicates that if the subject 40,425 square foot site were developed with C-2 uses, the site could generate approximately 1,400 trips on a weekday and 10.2 trips during the A.M. peak hour. The existing beauty shop generates approximately 32 to 50 trips per day. As a result, the proposed petition doesn't exceed the significance test on any roadway segment within the project's radius of development influence (RDI). In addition, Bayshore Drive is a 4 lane collector road fronting the project. The current traffic count for this segment is 14,788 AADT which results in LOS "B" operation. Other Applicable ElementS; Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed rezone is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. Given the fact that this property is only .62 acres in area, impacts on Level of Service relationships are negligible unless there is a current deficiency which there is not. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development I--- within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. N~G~ 4 JAN i g 1999 EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced property. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. These reviews help shape conditions which are attached to the rezoning action or cause development commitments to be formulated to achieve GMP and LDC requirements. The petition was administratively reviewed on behalf of the EAB. Environmental staff recommended that an appropriate portion of native vegetation be retained on site as required in Section 3.9.5.5.4 of the Land Development Code. All other conditions are included in the development order. ANALYSIS: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether o;' not a rezoning action would be consistent with the Collier County Growth Management Plan in all of it's related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not effect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.3.2.5 of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria as noted below. Each criteria is categorized as either pro or con or not applicable, whichever the case may be, in the opinion of staff. StafFs review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as a separate document and is attached to the staff' report (Exhibit "A"). Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action as follows: Relationship to Future and Existing Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the FLUE of the Collier County Growth Management Plan (GMP). With regard to the zone change to allow the continued use of the beauty shop, the Commercial Under Criteria (CUC) provisions contained in the FLUE allow for the proposed C-2 zoning when the site is located outside of an Activity Center and is bounded on two sides by commercial uses or approved commercial zoning. However, this petition is consistent with the CUC criteria only in the event the BCC makes the interpretation that two intervening streets (including one road classified as a collector) along with the site abutting only on a collector road is acceptable. A similar interpretation was made by the BCC when Petition R-97-12 was approve& In addition, the depth property across Bayshore Drive is the same depth as the subject site while the commeflcial property to jAN i 2 1999 P~. // the south is approximately half as deep as the subject site. However, the depth of the commercial zoning varies along Bayshore Drive. For example, the depth of the commercial zoning is twice as .-- deep offof Weeks Avenue to the north and nearly that distance offofBa.vview Drive to the south. Lastly, staff is of the opinion that a rezoning action from RMF-6 to C-2 would not change any level of service relationship or adversely impact other applicable elements of the GMP. Compatibility - Staff is of the opinion that the existing beauty shop or the land uses permitted by the proposed C-2 zoning district are similar to or less intensive than the existing C-4 commercial uses in the area. Furthermore, the uses permitted in the C-2 district will be limited so as not to exceed 5 percent of the LOS "C" design capacity on Bayshore Drive. Since the existing structure is located on Lot #46, the depth of the proposed commercial zoning would intrude into the existing residential neighborhood to the west. However, a landscape buffer will be placed along the north and west property lines to screen the project from the adjacent residential properties. Staff is of the opinion that the proposed zone change from RMF-6 to C-2 is compatible with the surrounding land uses to the south and east. It is not compatible with the residential land uses to the north and west. Therefore, should this petition be found consistent with the Commercial Under Criteria, staff recommends that the proposed C-2 zoning be limited to Lots 46, 47, 48, 49, and 50. By excluding Lot #45 form this zoning action (see Zoning Map), it will serve as a buffer from the residential properties to the west and reduce the depth of the C-2 district into this residential community. In addition, the subject site is located within the Bayshore Redevelopment Area. It is possible that, as part of a redevelopment plan for this area, the subject site would be eligible for commercial zoning. It should be noted that the first workshop for this redevelopment plan is scheduled for December 10, 1998. As a result, staff is of the opinion that this petition should be continued until such time as the Bayshore Redevelopment Plan is completed. At that time the petition can be modified to be compatible with the Bayshore Redevelopment Plan and the Growth Management Plan. Timing - There are no issues of timing inasmuch as the surrounding environment is developed and is serviced with an optimum level of community infrastructure. Traffic - A transportation planning review indicates that a existing beauty shop will generate approximately 30 to 50 trips on a weekday while a retail store could generate approximately 1,400 trips on a weekday. Staffs analysis indicates that the proposed petition doesn't exceed the significance test on any roadway segment within the project's radius of development influence (RDI). Therefore, this petition will not significantly impact traffic circulation or lower any level of service standard. STAFF RECOMMENDATION; That the Collier County Planning Commission (CCPC) forward Petition R-98-6 to the Board of County Commissioners (BCC) with the following recommendation: That Petition R-98-6 be continued until such time as the Bayshore Redevelopment Plan is completed. At that time this rezoning petition can be modified to be consistent with the Bayshore Redevelopment Plan and the Future Land Use Element of the Growth Management Plan. However, should this petition be found consistent with the Commercial Under Criteria, staff recommends that the C-2 zoning be limited to Lots 46, 47, 48, 49, and 50. i N~G~ 6 ~ J/~N 1 g 1999 PREPARED BY: CIPAL PLANNER DATE CURRENT PLANNING SECTION RONALE ~. ~d, A~CP, MANAGER DATE CURRENT PLANNING SECTION CTOR DATE PLANNING SERVICES DEPARTMENT · CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number R-98-6 Staff Report for December 17, 1998 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: MIC ' R~98-6/STAFF REPORT/RVB/rb 7 JAN 12 1999 pg. REZONE FINDINGS PETITION R-98-6 Section 2.7.2.5. 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 and Future Land Use map and the elements of the Growth Management Plan. PrO: Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: The petition is not consistent with the Commercial Under Criteria contained in the FLUE unless the BCC makes an interpretation that the site can be located between two intervening streets. The BCC previously made this interpretation with the approval of Petition R-97-12. (See Growth Management Plan Consistency in Staff Report) --- Summary. Findings: The proposed C-2 Zoning District is in compliance with the Future Land Use Element of the Growth Management Plan via the Commercial Under Criteria with the interpretations noted in the Staff Report. 2. The existing land use pattern; Pro: There are existing commercial uses and C-4 zoning on the nearby zoned properties to the east and south. Con: The adjacent RMF-6 zoned property to the west is part of an existing residential neighborhood. Summary_ Findings: A beauty shop has been operating on the subject site prior to 1990. To the north is an existing residence while the land to the south and west contains commercial and other retail uses. The development trend along Bayshore Drive is for commercial uses. As a result, the subject site is not suitable for residential uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is similar to the approved C-4 properties to the east and south. Con: Evaluation not applicable. EXHIBIT "A" ~ J A N 12 1999 1 Summary_ Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is located adjacent to existing and approved C-4 zoned properties to the south and east. It is also consistent with expected land uses by virtue of its location consistent with the Commercial Under Criteria within the Future Land Use Element. 4. Whether existing district boundaries are iliogica!!y drawn in relation to existing conditions on the property proposed for change. Pro; The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. SummaD' FindingS; Adjacent land to the east and south are zoned C-4. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. PrO: The proposed zoning change is appropriate based on the existing conditions of the property and because the proposed C-2 Zoning would fill the gap in the current C-4 Zoning along Bayshore Drive. In addition, the proposed fezone will allow the continued use of a beauty shop has been operation on the subject site prior to 1990. Therefore, the relationship of the proposed zone change to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. (See Growth Management Plan Consistency in Staff Report) Con; None. Summary. FindingS; The property owner has not been able to rent the property for residential uses at this location while a beauty shop has been operation on the subject site prior to 1990. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Commercial properties to the east & south currently operate without adversely impacting traffic circulation in the area. By virtue of this fact it is reasonable that one assume that there will be little potential for adverse impacts from the continued use of a beauty shop or other possible C-2 uses on the subject site that fronts on Bayshore drive. (ii) Recommended mitigation actions made a condition of app-nval will long way towards off-setting any potential adverse in~ nce~GEN~, LIe residential communities in the area. JAN 2 I799 2 ~" Con: (i) Other commercial uses and increases in intensity could cause increased noise and traffic impacts on the nearby residences. However, due to the small size of the site and the beauty shop use, the access onto should not adversely impact the adjacent R.MF-6 zoned properties. Summary_ FindingS: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to 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 of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with all applicable traffic circulation elements. (ii) The property fronts directly on a public road thereby providing a immediate access to the arterial road network over which traffic from this professional office facility would be defused. (iii) The existing beauty shop generates less traffic than a similar sized commercial retail use. Con: (i) Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the subject site. Residential dwellings dependent upon the same local street system may perceive this result as one which will reduce their perceived comfort levels. Summary_ Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion on any County road. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; Pro; (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over an tab ~,~~ :~ would occur without development. jAN i g 19,99 3 Con: (i) Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary 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 as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; PrO: The proposed rezone will not impact the circulation of light and air to adjacent areas. COn: None. Summary_ 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: Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the east side. Con: None. Summary_ Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or 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: None. propTsed Con: The requested zoning may not be consistent with the Redevelopment Plan that includes the subject site. · JAN I 2 t999 Summarx' Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application ~vhen combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning wilt not result in a deterrence to improvement 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. Summary_ Findings: The Commercial Under Criteria must be met in order to be consistent with the FLUE of the Growth Management 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 property owner indicates difficulty in renting or selling the existing residential dwelling due to its location between existing commercial and frontage on a major collector road serving other commercial uses. Con: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed change to the C-2 zoning district complies with the GMP and is of similar size to the adjacent C-4 commercial zoned uses. Con: The depth of the proposed C-2 district exceeds the depth of the adjacent C-4 zoned properties. As a result, the proposed commercial zoning district encroaches into the existing residential neighborhood. Summary_ Findings; A policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. """ 15. Whether is it impossible to find other adequate sites in the County for the use in districts already permitting such use. ~ ~ J A N 12 t999 5 Pro/Con: Evaluation not applicable. Summary_ Findings: There are many other sites which are zoned to accommodate the existing beauty shop use. However, 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/Con: Evaluation not applicable. Summary Findings: Physical alteration is a product of developing vacant land which cannot be avoided. 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. Summary_ Findings; Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDINGS R-98-6/RVB/rb J/~N _/, 2 7999 6 APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Ursula Z. Thomoson 2831 Becca Avenue Applicant's Mailing Address City Hamles State FL Zip 34112 Applicant's Telephone # 774 - 114 a Fax # Vega, Stanley, Zelman Name of Agent Geor~.e Vega, EsGuireFirrn & Hanlon, P.A. 2660 Airport Road S. Agent's Mailing Address City Naples State FL Zip 34112 Agent's Telephone # 941/774-3333 Fax# 941/774-6420 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 5/98 PAGE 1 OF 15 2. Disclosure of Interest Information; a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership N/A 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, and Office Percentage of Stock N/A 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 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE-5/98 . J~.~l ] 2 ~899 PAG~ 2 OF 15 ; ) d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general andJor limited parmers. Name and Address Percentage of Ownership N/A 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. Date of Contract: Name and Address Percentage of Ownership f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, parmership, or trust. Name and Address N/A g. Date subject property, acquired [] leased [] Term of lease yrs./mos. February 12, 1990 If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE-5/98 J]~b~ 12 PAGE 3 OF 15 h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: Township: Range: Lot: 45 thrBlock: Subdivision: Rebecca Weeks Subdivision 50 Plat Book 2 Page #: 8 1 Property I.D.#: Metes & Bounds Description: 4. Size ofproperW: 275 ft. X ]_47 fi- = Total Sq. Ft. 40,425 Acres 5. Address/general location of~ubject property_: 2831 Becca Avenue 6. Adjacent zoning and !and use: Zoning Land use N Residential - sin,cle family homes some of which are rental S Commercial across frQm Lot 46 is a real estate office E Commercial - across from Bavshore Drive property is presently vacant - commercial stor_eS...._to be bu W Residential - sinqle family home APPLICATION FOR PUBLIC HEARING FOR ST.4J~OARD REZONE.- S/98 , JAN 12 1999 PAGE 4 OF 15 Does the owner of the subject property own property contiguous to the subject property? NO If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the residential (RMF-6) zoning district (s) to the C- 2 zoning district(s). Present UseoftheProperty: Residence and a beauty parlor Proposed Use (or range of uses) of the property: 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 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. See Attached ,,' APV,.~CAT,ON voa PuB,,,c .E^mNG VOa STA~VAaD aEZO~t-S/gS JAN 12 1999 PAGE 5 )F 15 8. HISTORY: Applicant inherited the subject property. A deed from the personal representative was issued in February of 1990. Prior to that date applicant had a beauty parlor that was grandfathered as to zoning. Apparently an agreement was entered into between applicant and the county to allow her to give us the grandfathered position and move to the inherited property. This agreement would allow applicant to run a beauty parlor. Applicant's previous attorney wrote the county a letter, copy attached, dated January 14, 1992 confirming the agreement. Immediately after the letter was received the county issued an occupational license for Ursula's Beauty Shop and it would appear that zoning signed off on it as a home occupation and this license has been renewed each year thereafter. Copies of Collier County Occupational License Tax are enclosed. The 1991/92 shows Ursula's Beauty Shop at 1400 Shadowlawn Drive and thereafter Ursula's Beauty Salon is at 2831 Becca Avenue. At the time neighbors signed a petition dated January 10, 1992 to allow the beauty salon zo be at the Becca Avenue address. Copy of same petition is attached. Recently ordinance violation was issued, copy attached. Action on the violation has been suspended pending the rezoning application. Evaluation Criteria: The property meets the standards for rezoning. The land sought to be rezoned is zoned commercial on two sides. From a practical matter, it is caddycorner to a neighborhood bar most of which is open air. Bayshore Drive on the east side of the property is a well travelled road and the neighborhood beauty parlor that is already existing has negligible traffic. The property is already developed. A cursory review of the area will show that the property should be commercial and that there will be no harm to the neighborhood in granting the request of the existing use. J ,N ] 2 1.q~9 /--,,, ~.Aw OrrsC;CI January 14, 1992 Mr. Donald W. Arnold Senior Planner Community Development Division Collier County Government 2800 North Horseshoe Drive Naples, Florida 33942 Re: Ursula Beauty Shop Dear Mr. Arnold: In conjunction with what we have discussed and agreed to at our meeting which was held this past Friday, January 10th, please find enclosed the original Application for Occupational License with attachments filed by my client, Mrs. Thompson, her original check for the fee to transfer license, which I understand is $3.00, and a letter signed by numerous people indicating that they have no problem with Mrs. Thompson operating her beauty shop at the premises. As you know, my client owns all of the lots from Bayshore Drive, back to and including the lot on which their home sits. My client's other lots are vacant. The next six lots on her side of the street are vacant and are currently unoccupied by any dwellings. Additionally, my client has had the other neighbors located next to her house on Becca sign the attached letter, along with all of the property owners on Week Avenue, which back up to or are near my client's property on Becca. Also several other neighbors in the immediate vicinity have signed the letter indicating their approval. As we discussed, my client will not be erecting any type of on-site or off-site sign regarding the ,_. beauty shop. Additionally, my client will not be selling, as / provided by the ordinance, any retail products. She JAN 1 !99, Mr. Donald W. Arn~ Community Development Division' January 14, 1992 Page 2 perfoming cosmetology services in the quantities we indicated at our meeting. We look fo~ard to receiving my client's transfer license and thank you for your assistance in this matter. Very truly yours, PARKS and RANKIN Douglas L. Rankin DLR/ml DLR7/0028 Enclosure cc: Mr. and Mrs. Kenneth w. Thompson JAN 12 1999 ~' %'~ ~/J}~/~ ! COLLIEr1 COUNTY TAX COLLECTOn TOTAL ~(~; ' ' --- NA~I ~DDRESS THIS LICENSE EXPIRES SEP '~' ' ' "L ' C~SSIFICA~ON - ]c. hlE.FOI Ur'~' c - C~- ~;~lt.fi r~FJI{JTY CODE F - ~ / -~ '~,t "~ ~ -d :~/"' ,i . ."~ ~l I~FCI:R rlV;: ~ ~ ~ ~11 t ~ ~ [ ~ ,..,. , r. f ". -I 'a" -'~- ~::-./ '~ ~~'~-~I~' , PHONE COUNT SEE R~ERSE SIDE ~.'7' ....... '~j6LLIER COUNfY OCCUP~,T,~[ LICENSE TAX ......... ., ...:.-:,:,-.'. ,.,,, ,., ::7 .,----""".;;",',':,, ,,,% ''' j~" "'Z'//9'~i';" 1 ~ ' . .-%" ~,rf I C~R~ TeN L ,.:; ' PHONE COUNT '~ , ~, .%~ .% p, ~.,~.%~%~ LICENSE NUMER "~ I 1 SEE R~ERSE SIDE ........ COLLIER COONTY OCCUPATIONAL LICENSE TAX DIEPLAY AT PLACE OF BU~INEI~ FOR pUBLIC INEPECTIOI~ *~ FAILURE 10 DO IS CONIRARY 10 LOCAL LAWS LOCATION: ;L282';1 BE[:Cn n'JE ZONED: NILIPt--t':S CO~LiEnEcNIt41'¢ LIC FEE ;_~I'). ( I( ) ?nnflNfi~tlllll, 'u~,rmN~r r~',lr HAZ WASTE {'fit ~ ~ 2. / ~] I~ HARE~. ~NALTY . PEN HAZ, . I ICI Tn FEE f'H'} THIS LICENSE EXPI~ES ~EPTEMBER ' SEE REVERSE SIDE COLL FEE . UU ~ UC . ~ u) BU~NESS ~ME P~ t~Z ' ~' ~ ttlt~Ut.R E~E(It TOTAL ,~f:l. r,.~ tlnr,I ES CL~SIFICATION rj(.)SME I'()1 .()(~ I '~ r r'l..3394F: 09/08/93 CODE O360~;~:{} l LIC 0C 745051 $3O,OO CK ' P-~-[-D SEATING GA~CITY GUY [- CARt TON R~M COUNT t I(:F J3~ Ht IMRFI11 11 ~;{ 1t5 1 NUMBER OF VE~I~ ~tl~S _ , _ P~3NE COUNT JAN ~ 2 1999 -~: ......... ~6LLi~cOUN;r~-d6~ijpX~:i0i, iAE..LicENsE,TAx ........, , ~ DISPLAY AT PL ACE OF RUSINESR ron p,nt LOCATION: 2~31 BECC~ AV~ FAtLUnE1ODOISCUNlnAnYTOLUCALLAWS ZONED: HOME OCC PENALTY , O0 ~11c~ 1'417 TR FEE . OO TIllS LICENSE EXPIRE~ SEPTFM~ER 30. COLL FEE . O0 SEE REVERSE P~ UC . O0 BUSINESS NAME AND ADDREaR PRY PEN . go URSIILA ' S B~AtlTY SALON TItOMPSON, URSULA TOTAL 30. O0 283 ]. BECCA AVE CL~SIFICATION COSMETOLOGY ~AL,ON NAPI,ES Fr, 33942 CODE 03621001 08/08/9~ ]2 ~ FR~ R 755 LIC 0C R~M COUNT GUY L, ~MBER OF EM~OYEES I, 'rH'~F LII IMI~FII 9 ] J ~MOER OF ~ N~ ~CI lINE S ~ONE COUNT COLLIER COUNTY OCCUPATIONAL LICENSE TAX ....... LOCATION. ;:.~.'~ I T'~Er:[:fi f~V~E DISPLAY AT PLACE OF BUSINESS FOFI PUBLIC INSPEPYfld ZONED: hff.~ 'I_E ~ FAILURE TO DO IS CONTRARY TO LOCAL LAWS PENALTY . TR. FEE . COLL FEE . OU SEE REVERSE SIDE P~. LIC. · ( ~('~ rl tOMP~ON, IJR~UI.- TOTAL CLASSIFICATION [][ ISME 'I 0[..[ IG 15 T NFtPLES FL CODE SEATING C~ACITY ~MBER ~ EM~OYEES I ICFHg~ NHMBFR '//~T~ ~T~ I ~MBER OF ~ MARINES ~ COUNT .............. COLLIER COUNT~'CC~PATIONAL LICENSE TAX ZONED: HfiPI..ES · ()0 n4t/~41 P*I7 ~NALTY TR FEE . O0 gl F I~I-VI II~l ~;ll)l C~L. FEE . O0 ~. LIC. BU~ ~E iiRS{IL_(~ TOTAL H CLASSIFICATION 03608~0 :L CODE R~MCOUNT ~lrI,:1 IllIf NUMBER OF EMEOYEES ~MBER OF ~ MARINES .'8.~5 N~me Occupations: i " ' a. In any residential district, a home occupation shall be allo~ed and it shall be conducted by an occupant thereof. The home occupation shall be clearly incidental to end secouaar3' to the use of the dwelling for d~"ellLng purposes and shall not chants the character thereel; provided that all the f~lloving conditions are 1) There shall be no on-site or of[-si~e premise adver- tisinl signs. 2) The use does not generate mote traffic than vould tort. all7 be experienced at a residence. 3) There $hzll be no receiving of goods or materials other than normal delivery by U.S. Festal Service or similar carrier. Parking or storage of com=ercial vehicles or equip- ment as prohibited by Section 9.7. 5) The on-premise use of any equipment or materials, their nature, shall not c=eate or produce excessive noise, obnoxious fumes, duet or smoke. 6) The on-premise use of an7 equipmen: or caa!s shill' · -'..~:~' not create any amount of vibration or electrical disturbance. 7) No on-premise use or starale of any hazardous mater- iel shall be kept in such an amount as to be poten- tially dangerous to persons or property outside the confines of the home occupation. " -/' 8) There shall be no retail sale of materials, loads or products from :he premises. 9) There shall be no outside seeraZe of goods or pro- ducts (except plants). b. Any home occupation that is found to have violated an7 provision of this Section shall be discontinued upon · recei~= of notice from the Director. Failure to comply with said notice shall constitute a T!olation of this Ordinance end for each day the use continues shall be considered a separate offense. c. Home occupations existing prior to the effective date of this Ordinance and found not to comply ~lth the prowl=ions ,._, of this Ordinance shall be deemad a violation and shall be el:her discontinued or shall meet the provisions by :hie S.ction. r JAN 1 B 999 JAN i g 1999 pg. L _:~,// _ COLLIF. R COUNTY, FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: i P~_qoXl,.i ~ . ,'7~o~t~SoLI ('-, ~ ~e~) O~ERTO CO~~OU~ON{S): ~q31 ~ ~v~. ' ' ~ ~ ~ ~1 ~ , ~ ~ I l,~ YOU ~ D~D BY ~S NONCE TO T~ FOLLO~G COE~ AC~ON(S) LOCA~ON OF VIO~ON ( LEG~ ~ ADDESS) ~u~ ~ ~'/Co~ ~~(TtS~ ~e~a ~ COLL~ CO~ ZON~G DIST, ~MF-~ ~5~ ~ ~ ~ s~ SEC. II ,~.~,~G.~SUBD. R~e~ ~ee!~ ..... BLK.~ , LOT~-~CEL~.. ,OF COLLmR ~111e~ ~ m ~w~ ~ ~ e~t ~EcE~ co~~co~.P~oP~~ ~a~ooot ~{!sr ~Ss ~ ~5T, 0 R L 5~ 5 , PAGE ~ I E OR , PAGE ' ' P~UA~ TO COLL~ CO~ CODE ~OKCE~ BO~ (C E B ) O~ ~2-80, AS ON ORBEFOE: ~ ~-e O. ,199 ~ .~ED, YOU ~ NOE ~T A ' VIOLA~ON(S) OF ~ FO~O~G COLLER PEN~T~ ~Y BE ~SED: FMIm to co~ CO~ O~.(S) ~/OK P.U.D. EG~ON(S) ~ol~oM on or ~fo~ me ~ ~ ~v¢ wiB ~t E~S~ AT E ~O~ DES~ED LOCA~ON. ~e tg of ~ t~ of vioi~on wi~ ~e CoBier Co~ C~e ~o~t Bo~ "C~3.", ~g you O~S)~/-/oZ~~EC.(S)E. /- /[ ~olmon(s) u d~ on ~ fore. You ~ O~S) ,~ , ,' , SEC.(S)~ -; , l~ meiv~ nofifi~on ~ a h~g ~ ~ held wM~ you O~S) I' , ,,' , SEC.(S)?, 2 , ~, ~ ~or a le~ ~~ve my ~ F~m 0~S) .... SEC.(S) .... may ~t ~ me ~ p~ md ~g dctem~on ~ yo~ ~n~ If me ~ ~~t P.U.D. NO(S): ........ B~ ~ a vio~on m amm ~e of~0.~ ~G~ON(S) ~y m me ~ of a ~ ~o~o~ a m~m ~e of ~ ~y for a ~ vio~on ~d amm ~e .of SEC(S) $5~.~ ~ ~oiadon M ~e ~t a "C E B" DA~D: ~oi~on m ~ of a mie or mv~ble m. FM~ DES~ON OF CO~ONS CON~G may ~ ~ on a ~ ~y ~ for ~¢h ~y ~ ~o~on M ~O~ON(~ , ~~5~op,~5~~$T e~. Corn of ~on ~or ~ may ~ ~inq yOU for my ~o~on. ~QU~ ~D CO~E $~U~ BE D~D ~ CODE ~t ": DA~D~Sf~ ~AYOF ~t ~'~ VIO~ON STA~S: /" u~: c,~E no,. ~. ~ D ~ · d ~IT~L __RE~NG __~PEAT ] 'aiz,: FILE Yellow: ~ESPC~ ] J~N 1 ~ 1999 Standard Rezone Considerations t'LDC Section 2. 7.2,5,) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage prcSlem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 5/98 ! ~J/~ N i 2 7~9~ PAGE 6 OF 15 14.Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15.Ifhether it is impossible to ~nd other adequate sites in the county for the proposed use in districts already permitting such use. 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. 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. IIJ, 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 restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the ~!lbj¢ct 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? None 11. Additional Submittal requirements: 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. Acopyofthepre-applicationmeetingnotes; No notes available. Meeting held with Ron Nino. b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8'/2" x 11" copy of site plan], dram to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; ,,...--- N/A APPL|CAT~ON FOR ~UBL|C HEARinG FOR STANDARD R[ZONE - · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · 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. No structures are contern- plated. At the Dresent time Lot 45 is vacant; Lot 46 has a * d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code LDC), or ira propriate. EIS is not appro- e. Wvehe~i~edr%~to~t~' EYg~rte~u~ ranted ~r~c.ent aerial photograph, (taken t~o copies o 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 portion of native vegetation to be preserved (per LDCSection3.9.5.5.4.). Two copies of aerials are attached f. Statement of utility provisions (with all required attachments and sketches); utilities are provided by the county. There are no septic tan], h sY nt aPdanc ch o°t B c l has ranted survey~ or a~ver ?~p~ecittion if property is located · w within an area of historical or archaeological probability (as identified at pre- application meeting); property is not located in area of historical c archeological probability. i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. · single story stucco residence and an addition with parking on Lot 47. Attached. is a survey of the property. Lots 48, 49 and 50 are vacant. APPLICATIOi'/ FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 l' 12 1999 PAGE h OF 15 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. NAME OF APPLICANT: Ursula E. Thompson 2. MAILING ADDRESS: 2831 Becca Avenue CITY N~o!es STATE FI, ZIP 34 ] ] 2 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 2831 Becca Avenue 4. LEGAL DESCRIPTION: Section: Township: Range: Lot:45 thru Block: Subdivision: Rebecca Weeks Subdivision 50 Plat Book 2 Page #: 81 Property I.D.#: Metes & Bounds Description: 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME d. PACKAGE TREATMENT PLANT [] (GPD capacity). e. SEPTIC SYSTEM [] 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM [] b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME d. PRIVATE SYSTEM (WELL) [] APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/911 i JAN 12 1999 PAGE 1p OF 15 7. TOTAL POPULATION TO BE SERVED: PEAK AND AVERAGE DAILY DEMANDS: N/A A. WATER-PEAK AVERAGE DAILY B. SEWER-PEAK AVERAGE DAILY 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N,/~ · 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. Ifpercolation ponds are to be used, then pcrcolation data and soil involved shall bc provided from tests prepared and certified by a professional engineer. N/A 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 and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. N/A 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. N/A Utility Provision Statement RIM 10/17/97 AEPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE-5/98 J/~ N 12 1999 PAGE 1 OF 15 STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMEN TS # o v o T COPIES REQUIRED REQUIRED 1. Completed Application 15 :k 5 2. Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 4. Pre-application notes/minutes 15 5. Conceptual Site Plans 15 6. Environmental Impact Statement - (EIS) 4 N/~ ---- 7. Aerial Photograph - (with habitat areas identified) 4 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Check shall be made payable to _ Collier County Board of C6mmissioners $ 3_ 8 2 5.0 0 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in .... . v ge~nUApplic~~i~ature c,~/~, f A APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/9~I 3fin I 2 1999 PAGE ~ OF 15 AFFIDAVIT We/I, Ursu!_~ E: m~nrnp~nn being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize George Veqa , Esquire to act as our/my representative in any matters regarding this Petition. tUre of VroperC~ '(jGne),7 Signature of Property Owner Ursula E. Thompson Typed or Printed Name of Owner Typed or Printed Name oF Owner The foregoing instrument was acknowledged before me this .~ ta' day of ~, , 1998, by ursula E. Thompson whoispersonallyknowntomeorhasproduced .ft./dO i) d as identification. State of Florida ~Signature of Notary Public - State of O ~ % DIANA BARREAU caem~ s~SS. (Print, Type, or Stamp Commissioned ' ,:i . eesss~3s Name of Nota~ PubliO ..2L o oCT. s.aooo APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 ~ N~G~ PA6 i g 1999 "" Mr. and Mrs. Raymond Peterson 2846 Weeks Ave. Naples, FI. 34112 December 14th, 1998 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Attn: Raymond V. Bellows, Barbara Cacchione, Pam Mac' Kie and The Planning Commission, In regards to: Petition # R-98-6 (Thompson) I have lived in Naples for 36 years. Today, I live directly behind The Thompson's at 2846 Weeks Ave. It is a good little neighborhood. I built my home in 1988 with full knowledge of the zoning around me. Certainly, there is commercial property all around and I have high hopes for the Bayshare Re- Development Project. Back in 1988, Ursala Thompson 's mother owned and lived on the property al 2831 Becca Avenue. Upon, her death, Ken and Ursala Thompson, became the owners of said property. In t991, the Thompson's applied for and received a variance on their R2 Property for they wanted to operate a small business out of the home. We have no problem with this situation as it exists as there are no neon signs, it is very low key and I see no negative impacts of the neighborhood regarding traffic. The traffic problems we do face are from those short cutting and speeding down Becca and Weeks from US41 to Bayshare to avoid the 41 construction project but this will pass upon the completion of the project. The Thompson's have assured me that if their property is rezoned to commercial, nothing will change. However. things do change. I could ha_yea 7-11 in my backyard or a strip mall. This would have a negative impact on our neighborhood. The staff report makes our neighborhood sound like a rental property. It is not. It is mostly single family homes with owners living in their homes. We are accustomed to and accepting of a small business of such low key standards that the Thompson's have been doing for some 7 years. We feel a change in the zoning is not in the best interest of the neighborhood. We, therefor, request that no change in the zoning be done. Thank you fgr your time and consideration in this matter. JAN :~ 2 1999 :rom: Bruce Holder To Raymonc V Bellows Date 12/10/98 Time 6 031 ] FP,:I Page 1 af COMMUNITY DEVELOPMENT AND 9 December, 1998 ENVIRONMENTAL SERVICES DMSION Att: Raymond V. Bellows Regarding your letter of the proposed re-zoning of Mr. &Mrs. Thompson 's property at 2831 Bccca Avenue. In 1991, our neighbors ( th~ Thompson's ) appli~l for and rcccivr, d a variance on their tLVIF-6 property. They wanted to operate a small busMess out of th~-ir home. The neighborhood was notif,,~ by mail and we all agreexi, a variance was much better on the area than a re-zoning Wc signed and returned the questionnaire to the zoning department, accepting the variance for zone R1VIF--6 The Thompsons rgquest was accepted by the county and their business lir~-ng was issued. Their business has bccn open and opera~ng all the~e yeats. Now, after this considerable period of time, the county changes direction? Considerable effort and money was put forth by the Thompson' s to open their business and to make it as low key as possible. There ha~ been no visible impact on thc neighborhood since the opening of th~'ir buainm. We feel that a change of the zoning from RIVIF-6, to a commexrAal C2, is not in the best interest of the n~'ighborhood. We feel the county ahould honor their agreement with the Thompson's ( and our neighborh~ ) and kt them continue doing business in the low key fashion we are accustomed to for the last seven years. · Holdere Naples, F134112 793-4878 / 793-4300 . J/ N i 2 1995 ,//.,. SROP'I: PATRICE C. CASE, P1D,FA PHONE NO. : 942 263 6163 Dec. 18 1998 89:59RM P2 December 9, 1998 Community Development and Environmental Services Division Attention: Raymond V. Bellows RE: Property at 283]. Becca Avenue According to our records, back in 1991 the Thompsons applied and received a variance on their RMF-6 property--changing the variance to RMF-62. They received their license from the county and have been operating out of their home quietly since then. Why, at this time do you want to change what you have already fixed? We feel that changing the zoning to C2, will lower the value of our property, and do not think this is fair. Therefore, we are requesting that you do not change the zoning to Commercial C2. Susan ann Ch ck Roderick 464 9th Avenue South Nap].es, F1 34102 JAN 1 g 1999 November 19,1998 Mr. Roy Bellows Collier County Planing Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Proposed Rezoning on Becca Avenue Dear Mr. Bellows; Thank you for recently taking the time to speak to me regarding Mr. Ken Thompson's request to change the zoning on his residence from residential to commercial. Your explanaticn of the process was most helpful. As I explained to you I am against the rezoning of any residential property in this area. I am a property owner and feel that once one lot has been afforded this change more are sure to follow. I did do some research about Mr. Thompson and was disturbed at the findings. It appears that he is constantly calling authorities to report what he considers zoning and code violations. This is amazing since for approximately the last ten years he has been violating a major zoning law. In addition to operating a business out of his house I do not think that the alleged beauty shop was ever inspected by the proper health, safety or fire officials. I hope that the County Zoning Officials will not grant any change for this property. We currently have a "legal" beauty shop about two blocks away and a barber shop a few more blocks down Bayshore. I do not feel that rezoning should be allowed, but a strict fine for this long term violation should be imposed. I also would like the opportunity to speak before the board in regards to this issue when it comes before a public hearing. I may be reached at 775-2656 during the evening hours. If you leave a message I will return as soon as possible. Once again thank you for your time. Sincerely; ames D. Kin 3308 Dominion Drive N~~ Naples, Florida 34112 JAN 12 1999 91-102, THE COLLIER CO~TY DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGU~TiCNS FOR THE ~INCCRPO~TED AREA OF COLLIER CO~;TY, FLORIDA, BY A=M~NDiNS THE OFFICIAL ZONING AT~S T,t~P N"~%BER 05!iS BY C~INGiNG THE ZONING C~SSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT LOTS 45 THROUGH 50, REBECCA WEEKS SUBDiViSiON iN SECTION 1!, TO~SHiP 50 SOUTH, K~GE 25 EAST, COLLIER COblilY, FLORIDA, FROM RMF- 6 TO C-2 FOR A RESIDENCE ~D BEAUTY PARLOR; PROVIDING FOR STAFF COMMISSION STIPU~TIONS; ~D BY PROVIDING ~ EFFECTIVE DATE. WHEREAS, George Vega of Vega, Stanley, Zelman & Ham!on, 23 P.A., represenning Ursula E. Thompson, petitioned the Board 24 Of County Commissioners to n~o~ the tonins c!assiflcaLicn 25 of the herein described real property; --- 26 NOW, THEREFORE BE IT ORDA!NED BY THE BO~2.D OF COL~TY 27 COY. MISSiONERS CF COLLIER COLITY, FLORIDA: 29 SECTION ONE: 29 The zcnin'r classificanion of the real property as more ~_ 30 particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 11, '~ 32 Township 50 South, Range 25 East, Collier County, Florida, is changed from ~MF-6 to C-2 and the Official Zoning Atlas Map Number 05115, as described in Ordinance 91-132, the 35 Collier County Land Development Code is hereby amended _._ 96 accordingly. The he~ein described real property is the same for which the rezone is hereby approved subject to the '--~ 38 following conditions: 39 4o a. An appropriate portion of native vegetation shall be ... 4~ retained on site as required in Section 3.9.5.5.4. 42 of the Land Development Code. 44 b. Petitioner shall implement an exotic vegetation ' 45 removal, monitoring, and maintenance (exotic free ~ 46 plan for the subject property. This maintenance 47 plan shall be implemented on a yearly basis at a ..... ~. 48 minimum (3.9.6.6.5 CCLDC) . 49 ' 50 c. At the time of Site Development Plan (SDP) review 51 the petitioner shall submit a Water Management Plan. 53 I N JAN 12 1999 --..-- I Pg. 4 d. The total project shall ncz exceed 25,000 square 5 feel of floor area. {The buliding's sJuare footage .... 6 will be checked during review of Siie Development 7 Plans and building permits. The SDP and building s pertit(s) shall not he approved if the building's 9 square footage exceeds 25,C, 00 square feet.) i0 ii e. The total project shall not generate traffic in 12 excess cf 5% of LOS 'C" design capacity cf Becca ~.1- t3 Avenue. (The traffic impact will be checked again '~-7 14 during review of Site Development Plans. The SDP 15 shall not be approved if the traffic impact exceeds is 5% of Level of Service "C" design capacity on Becca 17 Avenue.) Is SECTION TWO: is This Ordinance shall become effective upon filing with _. 20 the Department of State. 21 PASSED PdqD DULY ~OPTED ky the Board of County -~ 22 Commissioners cf Collier CountZ, Florida, this day 23 cf , 1998. 24 25 BOA_P~D OF COUNTY COMMISSIONERS 26 COLLIER CCL~TY, FLORIDA 28 ~! 29 ,.~ 30 BARBAI~ B. BERRY, CHAIRM~=N 31 -~.. 32 ATTEST: 33 DWIGHT E. BROCK, CLERK 34 35 t 36 38 APPROVED AS TO FO~M AND LEGAL SUFFICIENCY ,- 39 40 41 42 FLARJORIE M. STUDENT 43 ASSIST}_NT COUNTY ATTORNEY .... 44 45 f/R-98-~ REZONE O~IN~NCE/ 46 47 - I jANill99 LEGAL DESCRIPTIO_~N Lots 46, 47, 48, 49, and 50, REBECCA WEEKS SUBDIVISION, as per map or plat thereof recorded in Plat Book 2, Page 81, of the Public Records of Collier County, Florida. EXHIBIT "A' EXECUTIVE SUMMARY PETITION: DOA-98-3, DONALD W. ARNOLD OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING JOHN B. GOODMAN LIMITED PARTNERSHIP, A MINNESOTA LIMITED PARTNERSHIP, REQUESTING AN AMENDMENT TO THE "BRETONNE PARK" PLANNED UNIT DEVELOPMENT (PUD), FOR THE PURPOSE OF ELIMINATING COMMERCIAL LAND USES ON COMMERCIALLY DESIGNATED TRACT AND REPLACING THOSE USES WITH AN ASSISTED LIVING FACILITY (ALF) THAT INCLUDES A SKILLED NURSING FACILITY AND OTHER ANCILLARY USES, INCREASING THE BUILDING HEIGHT, AND PROVIDING DEVELOPMENT STANDARDS FOR THE PROPOSED ALF FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF DAVIS BOULEVARD (SR-84) AND EMBASSY WOODS BOULEVARD IN SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to amend the Bretonne Park Development of Regional Impact (DRI) Development Order for the purpose of eliminating commercial land uses on a commercially designated tract of land and replacing those uses with an assisted living facility (ALF) along with increasing the building height from 30 feet to 50 feet to allow for the construction of a three story structure along Davis Boulevard which transitions to a four story facility. This petition also provides development and architectural standards for the proposed ALF. CONSIDERATIONS: The Bretonne Park DRI is located on the northeast quadrant of Davis Boulevard (SR-84) and Embassy Woods Boulevard in Section 5, Township 50 South, Range 26 East. The purpose and description of the land use changes with respect to the 13.3 acre Neighborhood Commercial Tract are as follows: · Eliminate the commercial land uses on commercially designated tract and replacing those uses with an assisted living facility (ALF) that includes a skilled nursing facility. The intent is to allow a maximum of 210 assisted living units and 60 skilled nursing facility beds which are subject to the Floor Area Ratio (FAR) requirements established in Section 2.6.26 of the Land Development Code. · Eliminate the Development Standards for the commercial uses and replaced with standards for the assisted living facility as follows: The setback from Davis Boulevard has been increased from 35 feet to 80 feet while a 15 foot side yard setback has now been provided. · Increase the maximum height from 30 feet to 50 feet to provide more open space on-n sxtc. NAo JAN 12 1999 1 __~.g. / . _,- Revise the required parking requirements to add the ALF standard at one space per unit and 2 parking spaces per 5 skilled nursing facility beds. Both the Southwest Regional Planning Council and the Department of Community Affairs reviewed the proposed development order amendment. They advised staff that they had no objections and deemed the amendment to be insubstantial. In addition, the Collier County Board of County Commissioners recommended approval of this proposed amendment to the Bretonne Park PUD document on December 8, 1998. The Collier County Planning Commission heard this petition on December 3, 1998 and they unanimously recommended approval. No person spoke in opposition to the amendments to the Bretonne Park development order. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: ---- Approval of this amendment to the Bretonne Park PUD Document is only to eliminate the commercial land uses and replacing same with an assisted living facility/skilled nursing facility. This petition has also been deemed to be consistent with all provisions of the Growth Management Plan. Therefore, this amendment will not have an adverse impact on the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve Petition DOA-98-3 being an amendment to the Bretonne Park DRI Development Order as described by the Development Order Amendment included with this executive summar,v submission. 2 JAN 12 1999 PREPARED BY: :: :../~,'~ ...._ ..~ .:. ~ .? RAY,~]3'ELLOWS, PRINCIPAL PLANNER DATE CURRENT PLANNING SECTION R ICP, MANAGER DATE CURRENT PLANNING SECTION ,-.._ ' >'Z"' /z"/r'~t~ //~OBERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPROVE~~y/~,. ~ /~ "j VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DOA-98-3/EX SUMMARY/RVB/rb 3 JAN I 2,, 1999 AGENDA ITEM 7-K MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: NOVEMBER 16, 1998 RE: PETITION NO: DOA-98-3, BRETONNE PARK PUD/DRI COMPANION ITEM: PUD-86-12 (3) AGENT/APPLICANT: Agent: ' Mr. Donald W. Arnold Wilson. Miller, Barton & Peek. Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 Ms. Marilyn Mullen Healy Rudin, McClosky, Smith, Shuster & Russell, P.A. 401 East Jackson Street, Suite 2700 "" Tampa, Florida 33602 Owner: GE Developers of Naples, Inc., a Florida Corporation Michael Kessous, President 3838 Tamiami Trail North, Suite 410 Naples, Florida 34103 Contract Purchaser: John B. Goodman Limited Parmership, (a Minnesota Limited Partnership); Peter Worthington, Director of Development 1107 Hazeltine Boulevard, Suite 200 Chaska, Minnesota 55318 GEOGRAPHIC LOCATION: The subject property is located on the northeast quadrant of Davis Boulevard (SR-84) and Embassy Woods Boulevard in Section 5, Township 50 South, Range 26 East. (See iljustration on following page) REQUESTED ACTION: This petition seeks to amend the Bretonne Park Development of Regional Impact (DRI) Development Order for the purpose of eliminating commercial land uses on commercially designated tract and replacing those uses with an assisted living facility (ALF) that includes a ----- shilled nursing facility and other ancillary uses, increasing the building height from 30 feet to 50 feet, and providing development standards for the proposed ALF. N:a~ z/" JAN 12 1999 F'g. /7/' PURPOSE/DESCRIPTION OF PROJECT: The purpose and description of the land use changes with respect to the 13.3 acre Neighborhood Commercial Tract are as follows: · Eliminate the commercial land uses on commercially designated tract and replacing those uses with an assisted living facility (ALF) that includes a skilled nursing facility. The intent is to allow a maximum of 210 assisted living units and 60 skilled nursing facility beds which are subject to the Floor Area Ratio (FAR) requirements established in Section 2.6.26 of the Land Development Code. · Eliminate the Development Standards for the commercial uses and replaced with standards for the assisted living facility as follows: The setback from Davis Boulevard has been increased from 35 feet to 80 feet while a 15 foot side yard setback has now been provided. · Increase the maximum height from 30 feet to 50 feet to provide more open space on-site. · Revise the required parking requirements to add the ALF standard at one space per unit and 2 parking spaces per 5 skilled nursing facility beds. SOt;THWEST FLORIDA REGIONAL PLAN?VING COUNCIL: The proposed development of a 210 unit Assisted living Facility and 60-bed Skilled Nursing Facility, with the simultaneous elimination of commercial development on the site, technically meets the statutory definition of a "substantial deviation" under Florida law, in that the ALF/SNF units are classified as 'residential" units. The SWFRPC heard the Notice of A Proposed Change To A Previously Approved Development Of Regional Impact (NOPC)pursuant to Subsection 380.06(19) Florida Statutes. The Regional Planning Council adopted the following report prepared by its staff: 1. Notify the Florida Department of Community Affairs that their participation at the local public hearing is not requested by the Southwest Florida Regional Planning Council. 2. Requ. est Collier County provide the Southwest Florida Regional Planning Council staff with copies of any development order amendments related to the proposed changes. DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs has not written any correspondence objecting to the Notification Of Proposed Change (NOPC) for the Bretonne Park Development of Regional Impact (DR_I). The applicant is proposing to eliminate the commercial land uses on the commercially designated 13.3 acre tract and replacing those uses with an assisted living facility (ALF) that includes a skilled nursing facility and other ancillary uses. The applicant is also increasing the building height from 30 feet to 50 feet and providing development standards for the proposed ALF. JAN 1 1999 2 Pursuant to the criteria in Section 380.06( 19)(e)., Florida Statutes (F.S.), the changes listed above are presumed to create a substantial deviation from the approved DO. However, the applicant has rebutted the presumption of a substantial deviation by demonstrating in the traffic analysis, submitted with the NOPC, that the proposed change results in a 93 percent reduction in daily traffic to the Commercial Tract. As a result, this petition will not create additional regional impacts. Therefore, pursuant to Section 380.06(19)(f)4., F.S., the Department has not objected to this NOPC. 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 NOPC deal with those same questions in the event they become applicable. To the extent they are applicable they become pan of the technical data submitted as part of the NOPC. It is that information which upon review by SWFRPC concluded with a finding that the proposed changes do not create additional regional impacts or regional impacts not previously reviewed. This conclusion is essentially one that says the changes are of an insubstantial nature. Similarly, the Department of Community Affairs has not objected to the proposed changes and indicates that the changes were of an insubstantial value. The proposed revisions to the PUD document and Master Plan do not adversely impact any adopted level of service standard or bring about reductions to setback requirements for any pnnciple structure. This amendment only allows for the elimination of the permitted neighborhood commercial uses with an assisted living facility. The neighborhood shopping center includes a supermarket, drugstore, small retail shops, financial institutions, office/clinics, personal service establishments, dry cleaning, post office, and such other uses deemed to be customary and appropriate. A comparison of approved development to the proposed land uses for portions of the BRETONNE PARK DRI are as follows: ORIGINAL 1998 CHANGE INCREAS DEVELOPMENT ORDER OR DECRESE TOTAL ACRES: 333.5 333.5 0 RESIDENTIAL UNITS: 1,380 1,380 0 RESIDb"'NTIAL ACRES: 138.7 138.7 0 COMMERCIAL ACRES: 11.5 0 -11.5 Acres COMMERCIAL FLOOR AREA: 130,000 S.F. 0 -130,000 S.F. ASSISTED LIVING (ALF) ACRES 0 13.3 +13.3 Acres ALF/SKILLED NURSING UNITS: 0 270 +270 Units GOLF COURSE HOLES 18 18 0 Staff is of the opinion that this amendment will not adversely impact the development strategy for the Bretorme Park PUD or effect the currently approved residential properties within or adjacent to the PUD. In addition, the Front yard setback from Davis Boulevard has been ---- increased from 35 feet to 80 feet to allow for an increase in building height from 30 feet to 50 feet. The proposed revisions will permit the ALF to provide greater open space areas rhile st~t~ T y JAN 12 1999 3 prl. 157 meeting the maximum FAR of 0.45 as required in Section 2.6.26 of the Land Development Code. The proposed development eliminates the authorized 130,000 square foot shopping center on the commercial tract and proposes to authorize construction of a 210 unit Assisted Living Facility and a 60 bed Skilled Nursing Facility. For the purposes of the transportation trip generation analysis, the 60 units proposed for extended care have been included in the trip rates for the ALF. In the original ADA, the Commercial tract generated 66.7 percent of the total project traffic. The proposed project contributes 11.1 percent of the total project traffic. A level of service analysis indicates that there are no road segments predicted to operate at unacceptable levels during the build-out of the proposed project STAFF RECO.~Iq~/ENDATIO]~; That the Collier County Planning Commission recommend approval of Petition DOA-98-3 as described by the amending DRI Development Order resolution included in this Staff Report. PREPARED BY: /ELLOWS, PRINC'IPTALRA PLANNER DATE CJdRRENT PLANNING SECTION / t O; AICP, MANAGER DXTE ' CURRENT PLANNING SECTION // HERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the December 3, 1998 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: q ~ .'~ ~ JAN i 2 1999 L b--r' 4 FORM RPM-BSP-PREAPP INFO-1 STATE OF FLORIDA DEP,~RTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee. Florida 32399 904/488°4925 PREAPPLICATION CONFERENCE DOCUMENT AND INFORMATION 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 Plapning 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 1) Name of the development. Bretonne Park Development of Regional Impact (the "Bretonne Park DRI" or the "Project") 2) Name, address, and telephone number of the applicant. Mr. Peter Worthington, Director of Design and Construction Services John B. Goodman Limited Partnership, A Minnesota Limited Partnership 1107 Hazelfine Boulevard, Suite 200 Chaska, MN 55318 Phone: (612) 361-8080 Fax: (612) 3618070 JAN 12 1999 9/14/98-46866 Vet 0H-WAJI. NOLD 03056..001-000-PNOC-22248 3) Name, address, and telephone number of the authorized agent. Ms. Marilyn Mullen Healy, Esq. Salem, Saxon, & Neilsen, P.A. One Barnett Plaza 101 E. Kennedy Boulevard, Suite 3200 P.O. Box 3399 Tampa, FI 33601 Phone: (813) 224-9000 Fax: (813) 221-8811 Mr. Donald W. Arnold, AICP Wilson, Miller, Barton & Peek, Inc. Wilson Professional Center, Suite 200 3200 Bailey Lane Naples, FI 34105 Phone: (941) 649-4040 Fax: (941) 643-5716 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. Bretonne Park is an existing Development of Regional Impact, originally approved in 1987, by Collier County Development Order Resolution 87-2, and amended and approved in 1988 by Collier County Development Order 88-1 (together, the "Development Order"). A copy of the Development Order, the Bretonne Park ADA, and related documents are set forth in Composite Appendix "A", attached hereto and incorporated herein. A general location map is provided as Exhibit A. The Bretonne Park DRI consists of 333.5 acres and authorizes col ~ 1,380 residential dwelling units, 18 hole golf course and 11.5 acres ' ~ center commercial development ( the "Commercial Tract"). Th residential J JAN 12 1999 9/14/98-44~g6~ Ver 0I~-WAJt. NOLD ~P.I].. _ // ~ 03056-001-,000-PNOC-22248 component of the project has commenced and approximately 600 dwelling units have been constructed to date throughout the Project. Infrastructure including roads, water and sewer lines have been installed throughout the Project in compliance with the existing Development Order conditions and Collier County Planned Unit Development Ordinance. No commercial development has commenced on the 11.5 acre Commercial Tract, which is located at the project's southern boundary, adjacent the Project entrance and Davis Boulevard (S.R. 84). The proposed change to the Bretonne Park DRI Development Order eliminates the Commercial Tract and provides for the construction of a 210 unit Assisted Living Facility (ALF) and 60-bed Skilled Nursing Facility (SNF) on this site. Of the 210 ALF units proposed, up to 60 units will be provided for Extended Congregate Care (EC~, which features an intermediate level of care. This amendment requires only an amendment to a single "Finding of Fact" in Development Order 88-1, which currently addresses the development scenario for Bretonne Park to include 11.5 acres with a maximum of 130,000 square feet of shopping center commercial use. The amendment will delete references to the commercial uses, and language will be inserted to specify that a maximum of 210 Assisted Living Facility units and a 60-bed Skilled Nursing Facility will be constructed on the 11.5 acre tract The Master Development Plan (ADA Exhibit H) will also be amended as shown in Exhibit B of the pre- application document. The current Master Development Plan is shown as Exhibit C. The proposed amendment will also provide for an extension of the Project buildout date by four years and 182 days. All other conditions applicable as part of the Development Order wffi remain in effect. 2) Proposed phasing of the project, including proposed phasing dates and buildout dates. The Applicant anticipates commencing construction as soon as aH required land use approvals are received. The Project will be constructed in two (2) phases. The Project buildout wffi occur in the year 2003. These dates are estimates only and actual commencement and buildout dates wffi be determined by permitting, design, and market conditions, in accordance with the Development Order, as amended. ' I N~°~?'~('~' ~/ ~ J/~N 12 7999 4 C. Site Information 1) Describe the existing land uses and vegetative associations. Provide an aerial photograph of the site. The Bretonne Park DRI is currently under development and all portions of the Project have been developed in a manner consistent with the approved Development Order and Collier County Planned Unit Development zoning requirements. The original ADA, Question 11, addressed the pre- development land use and vegetative conditions on the site by providing a FLUCCS summary table and map. Development to date includes the 18 hole golf course, surface water management lakes, maintenance facility, clubhouse, and approximately 600 residential dwelling units, consistent with that proposed on the original Master Development Plan, Exhibit H, of the ADA. The aerial photograph provided as Exhibit D, reflects the extent of development within the Bretonne Park DRI. 2) Provide a brief environmental assessment of the site, encompassing such topics as the probable occurrence of weftands and listed plant and animal species. A majority of the Bretonne Park site consists of upland vegetation associations, and much of the site has had prior melaleuca and other exotic infestation. The Bretonne Park DIll Development Orders 87-2 and 88-1 required the preservation of the 10.26 acres of naturally occurring wetlands on-site. These areas are identified on the Master Development Plan and have been preserved as required. The development of Bretonne Park DRI has commenced consistent with the ADA commitments and Development Order Y conditions relative to wetlands. The Project currently has an active Army Corps of Engineers (ACOE) permit, and a renewal was recently issued by the Army Corps of Engineers which authorizes fill placement on the 11.5 acre commercial tract. A copy of the ACOE permit for the project site is included in Composite Appendix A. An extensive assessment of wildlife occurrences on the Bretonne Park site was conducted during the initial DIll review and presented in Question 18 of the ADA. The Development Order contains one condition related to wildlife, which required that a survey be conducted for any evidence of bald eagle or red-cockaded woodpecker nesting activities prior to commineeme~E ,' q development. These required surveys were completed and no ba[d eagle~r'~~ JAN 12 1999 red-cockaded woodpecker nesting activities were observed. Construction at Bretonne has commenced and progressed continuously. Wilson Miller staff have recently conducted a site visit on the undeveloped 11.5 acre Commercial Tract and observed no bald eagle or red-cockaded woodpecker species or their respective nests. Wilson Miller also reviewed Florida Game and Freshwater Fish Commission GIS data base for any bald eagle nesting or red-cockaded woodpecker sitings on the site or in the immediate project vicinity, which indicated no recordings in the immediate project vicinity. 3) Indicate which portions of the site, if any, are within the 100-year floodplain. All portions of the Bretonne Park DRI are located outside the 100-year FEMA flood zone. The project site is located within Flood Zone X on the Flood Insurance Rate Map, Community Number 120067, Panel Number 415 D. 4) Provide a letter from the Division of Historical Resources indicating if there are potentially regionally significant historical or archaeological sites on the property. A historical and archeologieal assessment was conducted and presented with the original Question 19, ADA submission. The assessment indicated that no archaeological or historical sites were encountered and therefore the Bretonne Park project had no adverse impact on historical and archeological resources. No Development Order conditions were imposed relative to this issue. 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. Please refer to Exhibit A, General Location Map. Bretonne Park is located within the Urban Designated Area of the Future Land Use Map of Collier County and is presently served by public facilities. No other lands are owned or leased by the applicant within two miles of the project site. JAN 12 1999 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, wetland, or wildlife corridors. Please refer to Exhibit A, General Location Map. Bretonne Park is centrally located within Collier County's Urban Area and is not located near any regionally significant resources as identified in the Southwest Florida Regional Policy Plan. All lands surrounding the project are zoned and developed with similar Planned Developments. 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. This map has been omitted. The proposed amendment to eliminate the 130,000 square of commercial uses and add ALF and SNF uses results in a 93% reduction in daily traffic to the Commercial Tract. This significant reduction in trips has a positive effect on aH roadways addressed in the original ADA transportation analysis and Development Order conditions. A complete analysis of the Commercial Tract's trip generation rates are included in the transportation methodology report, Exhibit E. E. Permitting and Approval Information 1 ) Indicate if a comprehensive plan amendment will be required for this development. The proposed DRI amendment is consistent with the Collier County Comprehensive Plan, therefore, no Plan amendment is required. 2) ," Provide a list of all permits already applied for or received, specifying the date of application, issuing agency, and function of the permit. The Bretonne Park DRI is currently undergoing development and required permits have been issued by all applicable Federal, State and local agencies to support the construction of the project. The 11.5 acre Commercial Tract is included within the South Florida Water Management District's master surface water management permit for Bretonne Park. This tract also retains a valid Army Corps of Engineers permit for fill placement to support the approved 130,000 square feet of commercial development. A cce~ permits are included in Composite Appendix A. JAN O/14/98-46866Vcr 01'-'~,'Alt,NOLD ~Pg. 03056-001 -O00--PNOC-22,248 F. Provide a summary. of each of the proposed methodologies, assumptions, models, criteria etc., that will be used to answer ADA questions, particularly Question 12 (Vegetation and Wildlife) and Question 21 (Transportation). The methodologies, assumptions, etc., should be specific enough so that once agreement is reached among parties regarding these, everyone involved will have reached a clear understanding of what will be provided in the ADA. The intent of this agreement is to streamline the review period and decrease the number of insufficiency findings wherever possible. The Regional Planning Council should be consulted prior to the preapplication conference to explain the methodologies acceptable to the region for ADA r6view. Because of the limited scope of the proposed amendments to the Bretonne Park DIll, the Applicant proposes to discuss only the transportation methodology. All other Development Order conditions for the Project will remain in full force and effect. Question 12, Vegetation and Wildlife The proposed amendment, affecting only the 11.5 acre Commercial Tract, wffi have no impact on any vegetation or wildlife issues. All original conditions imposed in the Development Order wffi remain in full force and effect Question 21, Transportation The Proposed Development eliminates the authorized 130,000 square feet shopping center on the Commercial Tract and proposes to authorize construction of a 210 unit Assisted Living Facility and a 60-bed Skilled Nursing Facility. For the purposes of the transportation trip generation analysis, the 60 units proposed as Extended Congregate Care. units have been included in the trip rates for the ALF, although actual rates will likel~ be less than for typical ALF units. The Applicant will provide a trip generation comparison of the 130,000 square feet shopping center to the proposed ALF/SNF uses. In the original ADA, the Commercial Tract generated 66.7% of the total project traffic. The Proposed Project contributes 11.1% of the total Project traffic. This trip generation analysis reveals that external trips to the Commercial Tract are reduced by 93%, and by 62.2% for the Bretonne Park DRI as a whole. A Level of Service analysis has been conducted for the adjacent roadway network, which indicates that there are no road segments predicted to operate at unacceptable ---- -levels during the buildout of the Proposed Project. The Project geneJ'atedN~t/ creates no significant impact on any roadway segment. JAN i g 1999 : la/95-46966 Ver 01 '-WARNOLD 03056-001-000-PNOCo212.41 In addition to current Development Order conditions, the Applicant submits that the Proposed Development will be subject to Collier County concurrency requirements. The trip generation comparison for the Commercial Tract is provided as Exhibit E. G. Provide a list (or formal 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. As more particularly set forth in the Applicant's response to question B(1) above, the Bretonne Park DRI was originally approved on April 7, 1987 by Collier County Development Order Resolution 87-2 and amended on August 23, 1988 by. C0~!lier County Development Order 88-1. The current approved use of the Commercial Tract contemplates a "130,000 square feet neighborhood shopping center, including a supermarket as its major tenant", and "customary and appropriate in neighborhood shoppingcenters" ancillary uses. We have been advised that a proposed development of a 210 unit Assisted Living Facffity and a 60-bed Skilled Nursing Facility, with the simultaneous elimination of commercial development on the site, technically meets the statutory definition of a "substantial deviation" under Florida law, in that the applicable ageiid& lr~ classifying .AI.F/SNF units as "residential" units. However, based on informal discussions with representath'es of the Southwest Florida Regional Planning Council, Collier County and the Florida Department of Community Affairs, the Proposed Development represents significantly less intensive land use than the currently appr0ved commercial uses and no regional impacts are anticipated. Given the nature of the Proposed Development and related absence of probable regionally significant impa~ts, we understand the scope of review will be limited to addressing traffic issues, with the scope of further DRI review being further defined at the pre-applicaflon meeting as may be warranted. For the aforementioned reasons, the Applicant requests that the Agency inquiry be limited in scope to address only those questions that pertain to the Commercial Tract and the Proposed Development, with the remaining conditions of the Development Order remaining in full force and effect. JAN 12 199!J RESOLUTION NO. 99- DEVELOPMENT ORDER 99- BRETONME PARK DEVELOPMENT OF REGIONAL IMPACT A RESOLUTION AMENDING DEVELOPMENT ORDER 88-1, FOR THE BRETONNE PARK DEVELOPMENT OF REGIONAL IMPACT ("DRI'} BY PROVIDING FOR: SECTION ONE TO AMEND PARAGRAPH 4 OF THE FINDINGS OF FACT SECTION TO DELETE THE REFERENCE TO THE COMMERCIAL LAND USE DESIGNATION AND ADD A REFERENCE TO A_N ASSISTED LIVING FACILITY/SKILLED NI/RSING FACILITY WITH kNCILLA2Y USES, TO REFLECT THE ADDITION OF AN AMENDED MASTER DEVELOPMENT PLAN, AND TO REFLECT THE ADDITION OF THE AMENDMENT TO THE BRETONNE PARK PUD; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TPjLNSMITTAL TO DCAA/qD EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, adopted Development Order 87-2 (the Development ---- Order) on April 7, 1987, which approved a Development of Regional Impact <DRI) known as Bretonne Park Planned Unit Development in accordance winh Secticn 380.06(6), Florida Statutes; and WHEREAS, the Application for Development Approval (ADA) was superceded by Development Order Number 88-1, on August 23, 1988, in accordance with Section 380.06 (6), Florida Statutes; and WHEREAS, submittal of the proposed changes was made to the appropriate public authorities; and WHEREAS, the public notice requirements of Collier County and Section 380.06(10), Florida Statutes, have been satisfied and notice has been given to the State Land Planning Agency, and Southwest Florida Regional Planning Council; and WHEREAS, the Application for Development (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" attached hereto and incorporated herein; and ~ AGEN No -1- WHEREAS, the John B. Goodman Limited Partnership (the "Developer" or the "Applicant") proposes to develop a 210 unit Assisted Living Facility, 60 bed Skilled Nursing Facility, with ancillary uses, on the 11.5 commercia! trac~ of the Bretonne Park Development of Regional impact (the "Proposed Development"), constituting a substantial deviation of the existing multi-use Bretcnne Park Development of Regional Impact under Chapter 380.06(19), Florida Statutes and requiring an amendment of Collier County Development Order 87-2, as amended. The legal description of the Proposed Development is set forth in Exhibit "B", attached hereto and incorporated herein; and WHEREAS, Wilson, Miller, Barton and Peek, and Ruden, McClosky, Smith, Shuster & Russell, P.A., representing the Deve!cper, the john B. Goodman Limited Partnership, petiticned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Board cf County Commissioners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC), the State Land Planning Agency and held on December 3, 1998 a public hearing on the petition; and WHEREAS, the Board of County Commissioners of Collier County has held a duly noticed public hearing on the Substantial Deviation Approval and has reviewed and consldered the reports of Ehe SWFRPC, the State Land Planning Agency, and the Collier County Planning Commission and the documents received in ccnnecLlon therewith and held a public hearing on Developer's petition on ; and WHEREAS, on December 8, 1998, the Collier County Board of County Commission duly adopted Ordinance , which amended the existing Bretonne Park PUD Document which provides for development of the proposed development; and Words struck through are deleted; words -2- WHEREAS, the Collier County Board of County Commissioners "' have reviewed the above referenced documents, as well as all related testimony and evidence submitted by each party and members of the general public; and WHEREAS, SWFRPC, the State Land Planning Agency and Collier County have found that the Proposed Development does not create any additional regional impacts; and WHEREAS, approval of the proposed development necessitates certain amendments to Development Order 87-2, as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER A. Paragraph 4, of the Findings of Fact Section of Development Order 88-1, is hereby amended to read as follows: 4. The applicant proposes the development of Bretonne Park Planned Unit Development for 333.48 acres which includes: 11.5 acres with a maximum of 120,000 squarc fcct of ecmmcrclal, ~lO A~sisted Livin~ Facility units and 60 Skilled Nursing Facility beds ADd ancillary facilities, with a maximum flQQr area ratio (FAR)not to exceed a factor Of 0.45 1,380 dwelling units on 138.7 acres, and approximately 145.4 acres of other uses including parks/open space, eighteen (18) hole golf course, wetland preserve, and lakes. B. An Amended Master Development Plan dated July, 1998 is attached hereto as Exhibit "C" and by reference is incorporated herein. C. The Bretonne Park PUD document referred to in Development Order 87-2, as amended, is amended by the Amendment to the Bretonne Park PUD Document, Ordinance No. 98- attached hereto as Exhibit "D" and by reference incorporated herein. N ' JAN 12 19 9 Words struck through are deleted; words underlined are added. SECTION TWO: FINDINGS OF FACT A. The proposed change to the previously approved DRI exceeds one of the criteria listed in Subsection 380.06(i9)(b), Florida Statutes. B. The applicant submitted to the County, the Reglonai Planning Council and the State Land Planning Agency Form RPM-BSP-PREAPPINFO-1, said form being entitled "Pre Application Conference Document" and related material, as required by Chapter 380, Florida Statutes, which application was duly adopted by the Southwest Florida Regional Planning Council as the Application for Development Approval. C. The application is in accordance with Section 380.06(19). D. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC, the State Land Planning Agency, and Collier County. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments, the State Land Planning Agency and the SWFRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, AGEND struc through are deleted; words underlined1999 -~- G. No increase in development intensity is authorized by this Development Order 99-__ SECION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order constitute a substantial deviation but do not create any additional regional impacts and do not require further Development of Regional impact review. B. The proposed changes to the previously approved development will not unreasonably interfere with the achievement cf the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved ._. development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed changes to the previously approved Development Order are consistent with the State Comprehenslve Plan. E. All commitments and impact mitigating actions provided by the applicant within the original Application of Development approval and supplementary documents, the pre-application document for this substantial deviation, or existing permits issued for the development of the project are officially adopted or readopted as the case may be as conditions for approval. Words struck nhrouah are deleted; words UDdermined ar ~a % 79 9 - 3 -5- Department of Ccmmunzzy Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day cf , 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney 9/DOA-98-3 words st[uck through are deleted; words underli:ledJ~N Legal Description The west 1/2 of Section 5, Township 50 S, Range 26 E, Collier County, Florida, less the north 50 feet for fight-of-way of Radio Road (SR S-858) and less the south 75 feet for fight-of-way of Davis Boulevard (SR S-856). Exhibit A N:G~ JAN 12 1999 ...,,.~..,,,. Pg. _ 030~6-CC6-000-~ '~ Legal Description Tract "B" Embassy Woods Golf and Country Club at Bretonne Park, Phase One as recorded in Plat Book 17, Pages 47-49 of the Public Records of Collier County Florida. Exhibit B 11113/95-.49697 Vet: DI!-WARNOLD J~~ ,~9 0.}056-0(X)-0(X)--O ' LANO U~,Ii BIUMM&ClV ORDTNLNCE NUMBER 98- AN ORDINANCE A~MENDING ORDINANCE NO. 87-15, AS AMENDED, THE BRETONNE PARK PL,LNNED UNIT DEVELOPMENT, BY AMENDING SUBSECTION 2.3, PROJECT PLAN: AMENDING SUBSECTION 2.5, PLAN APPROVAL REQUIREMENTS; AMENDING SUBSECTION 4.2, USES PERMITTED; AMENDING SUBSECTION 4.3 DEVELOPMENT STANDARDS; AND BY PROVIDING AN EFFECTWE DATE. WHEREAS, on April 7, 1987, the Board of County Commissioners approved Ordinance Number 87-15, which established the Bretonne Park Planned Unit Development; and WHEREAS. on August 23, 1988, the Board of County Commissioners approved Ordinance Number 88-67, which amended Ordinance Number 87-15, the Bretonne Park Planned Unit Development~ and WHEREAS. on February 28, 1989, the Board of County Commissioners approved Ordinance Number 89-10 to correct scriveners errors appeanng in Ordinance 88-67; and WHEREAS, D. Wayne Arnold of Wilson Miller, Barton & Peek, Inc., representing John B. Goodman Limited Pannership, petitioned the Board of County Commissioners of Collier County. Florida, to amend Ordinance 87-15, as amended, as follows: NOW, THEREFORE BE IT ORDAINliD by the Board of County Commissioners of Collier Count.',', Florida that: SECTION ONE: AMENDMENTS TO PROJECT PLAN SECTION Subsection 2,3. Project Plan. of Ordinance 87-15, as amended, is hereby amended as follows: 2.3 PROJECT PLAN A. The Master Development Plan for the project is indicated on Exhibit H. and is an integral pan of this PUD document. A reduced version of the Master Development Plan is attached at the rear of this document. Elements of the Master Development Plan include: Larld Use Acres Streets 21.2 Residential Sites 138.7 I C--en,amer-se Assisted Living Facility/ 11.5 Skilled Nursing Facility Lakes 35.0 Upland Recreation Open Space 48.3 Wetland Preserve 10.3 Maintenance/Utility Area 4.5 Golf Course 5 1.8* Community Center 12.2 Total 333.5 [ NaoG,~~ EXHIBIT "D' I JAN 12 1999 ~o~,,n~.,210 v~ 01.-',,^rnot. D Words underlined are additions; v.'cr~ s:r'act: through are del~ons. 030Y~Xll -O00-PZON-22250 F) I~, *Approximately 13.4 acres of this total to remain in native upland habitat, with selective clearing, filling and exotics removal. Project development shall conform to the approved Master Development Plan in general and to the approved Subdivision Construction Plans. Modifications To the approved Master Development Plan of up to 5% shall be permitted to accommodate changes required by State or Federal permitting agencies. SECTION TWO: AMENDMENTS TO PLAN APPROVAL REQUIREMENTS SECTION Subsection 2.5, Plan Approval Requirements, of Ordinance 87-15, as amended, is hereby amended as follows: 2.5 PLAN APPROVAL REQUIREMENTS A. PURPOSE The Master Development Plan indicates the basic nature of development permitted for the project as a whole, consisting of single family residences on individual lots, low-rise attached and detached residential units of various types, golf courses, lakes, wetlands, and recreational open space, and a .... ~, .............. },~,...e, ....... an assisted livinP_/skilled nursin~ facility. and ancillary uses. Recreational buildings and facilities of various kinds may be established in the area indicated on the Master Development Plans as Community Center and Recreational/Open Space, either as a part of the initial development improvements or at a subsequent date. Actual development of project infrastructure, residential units, recreational facilities, and the neighborhood shopping center will occur in a series of increments. The purpose of the plan approval requirements is to provide a mechanism for the county staff to review detailed development plans for the project development increments and to determine if the development increments and the detailed development plans comply fully with commitments established by the P.U.D. document, D.R.I. Development Order, County Zoning Regulations, and all other applicable standards and regulations. SECTION THREE: AMENDMENTS TO COMMERCIAL DEVELOPMENT REGULATIONS SECTION Section 4, Commercial Development Regulations, Subsection 4.2, Uses Permitted, of Ordinance 87-15, as amended, is hereby amended as follows: 4.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered, or used, or land used in whole or part, for other than the following: A. Principal Uses: :o,g,gs.l121ov~ 01'-WARNOLD WOrds gnderlined are ad 'di~ons; .,;.ar~s strack */trough are dele~ons. J An assisted living facili.ty and a skilled nursing facility. The assisted living facility shall contain a maximum of 210 units and the skilled nursing facility shall contain a maximum of 60 beds. and further subject to the F.A,R. requirements established in Section 2.6.26 of the Land Development Code. 2. Maintenance/utility site. B. Accessory Uses: 1. Customary accessory. uses and structures. .rr ...... h~ .; ..... ; ..... requezted. The assisted livin~ facility and skilled nursing faciliLy may include accessory. retail/personal service facilities such as sundry. shop. gift shop. hairdresser. dD' cleaning. home health care services and other similar uses. SECTION FOUR: ANIENq)MENTS TO DEVELOPMENT STANDARDS SECTION Subsection 4.3, Development Standards. of Ordinance 87-15, as amended, is hereby amended as follows: 4.3 DEVELOPMENT STANDARDS A. Perimeter Setbacks That portion .................................... 50 feet :c the nea:cs: p:'indpal at.~cture. 1. Principal Structures Front Yard: Davis Boulevard 80' Embassy Woods Boulevard 35' Side Yard: Abutting Utili.ty Site 15' L Accessory. Structures Front Yard: Embassy Woods Boulevard :25' Side Yard: 'L'TjAN 1 ~ ~999 B. Maximum Height: 34) r .... ~, ..... h~ r,.;o~.~,~ ~,~ ~e,h~ ,^, N9 Donion of the Assisted Living FaciliW (ALF) building. cons~cted within one hundred and seventy-five feet f175') of the southemost property line abutting S.R. 84 (Davis Boulevard~ shall be ~eater th~ t~ee (3~ h~bitable floors. The ~F building. or portions of the ~F buildings COnStructed Sealer than one hundred ~d sevenW-five (175') ~om the $Outhemost property bounda~ abusing S,R, 84 (Davis Boulev~d} may be constructed to a maximum of four (4} habitable floors. not to exceed a maximum building height of fifty feet ~y future building containing a Skilled Nursing FaciliW constructed within one hundred ~d sevenW-five feet (175') of the $outhemost property bound~ abuning Davis Boulev~d. shall be at least one habitable floor lower (with a minimum of one floor) th~ the ~eatest number of floors cons~cted for any other pm of that building. No S~ building- or portion of a building containing ~ S~. cons~cted ~eater th~ one hundred and sevenW-five feet f175') ~om Davis Boulevard (SR 84) shall be ~eater than t~ee (3} habitable floors. C. Required L~dscape Buffer ~ea: um~ ~,,.; ..... prcpc~y, as ~ required by the Collier Co~ty Zoning Ordin~ce in effect at the time peruits ~e requested. safety Prior tc grant ~c ~i,~ ~ .... ~ ..... , ~1 .......... ~ ,~ -;,~ ~ .... and r~comm~ndatic~s -- *~ "~"" ;A~-.;~.;~- ~c ,~ ......... b....,h;~ ~ Parking ~ 1. Assisted Living Facility: 1 space per unit 2. Skilled Nursing Facility: 2 spaces per 5 beds JAN 12 1999 ~o,9~,~2m v. o~ ,-~oL~ Words underlined are addition; words s:=ck ~ouEh ~e dei~oM Building Desi~ Guidelines: Buildin!_~ .shall feature similar exterior design elements which are aesthetically compatible to thos~ found within the Bretonne Park PLrD, SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of Sta:e. PASSED AND DU'LY .~DOPTED by the Board of County. Commissioners of Collier County, Florida_ t.h. is day of ,1998. BOARD OF COLrNTY CO.~SSION'ERS COLLIER COUNTY, FLORIDA BY: B.,LRBAIL--X B. BERRY, CHAIP, MAN ATTEST: DW~IGHT C. BROCK, CLERK APPROVED AS TO FOKM .~',;'D LEGAL SL'FFICIENC'f' MARJO~RIE M. STU'DENT ASSISTANT COLLIER COLrNTY :iTTOtL\"EY Bretonne Park PU32) Asr, endrnent Ordinance:Disk A EXECUTIVE SUMMARY PETITION V-98-17, JERRY NEAL OF CUSTOM DOCK AND REPAIR, REQUESTING A VARIANCE TO CONSTRUCT A BOATHOUSE ON A DOCK EXTENDING GREATER THAN 20 FEET INTO THE WATERWAY FOR PROPERTY LOCATED AT 26 EAST PELICAN STREET, NAPLES, FLORIDA, FURTHER DESCRIBED AS LOT 23, ISLES OF CAPRI UNIT 1, IN SECTION 5, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a variance to construct a boathouse at the extreme end of a proposed dock. The petitioner has already been granted an extension allowing the dock to protrude 92 feet into the waterway. The Land Development Code limits the protrusion of boathouses into the waterway to 20 feet. The petitioner has withdrawn a simultaneous request for a second covered structure on the same dock. CONSIDERATIONS: The subject property is located at 26 Pelican Street, legally described as Lot 23, Isles of Capri Unit 1, Section 5, Section 5, township 52 South, Range 26 East. The petitioner wishes to construct a 22 X 40-foot boathouse at the extreme end of a 92- foot dock for which an extension has been granted (Resolution 98-12; BD 98-12). The LDC states that the maximum protrusion into the waterway for a boathouse is 20 feet, with no provisions for extension beyond that limit. A more comprehensive description of the project is provided in the attached staff report. Exhibit A shows the dock and boathouse as currently proposed by the petitioner. The petitioner had originally requested simultaneous approval of a second covered structure on the same dock, but has since withdrawn this request. All information in the staff report dealing with the proposed boathouse remains unchanged. The Collier County Planning Commission reviewed this petition on December 3rd, 1998, and recommended denial by a vote of 7 to 1. Chairman Bruet noted that the LDC had been specifically amended to limit the protrusion of boathouses into the waterway. Commissioner Davis dissented on the grounds that the boathouse would be compatible with other similar structures in the immediate neighborhood. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. J A N i 2 1999 i i Mtttr = +1.8 iILlr = -0.5 ,,-., .. x x i t x SEA WrAIJ., ...... ' ' = ~'5' Rf~ter Frontage O~oner: Larry Asche 26 East Pelican Street -~ Isles of Capri ~ Isles of Capri #1, Lot 23 : Sec 5, T 52 S, R 26 E' ~Nk ' ID: 52340880006 ~,~ uLANN~NG SBRViCEF/ j Exhibit A "J 98-17 _,P~. ~' __ GROWrTH MANAGEMENT IMPACT: The proposed variance is consistent with applicable provisions of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: None. No Historical/Archaeological Survey & Assessment or waiver is required for a boathouse. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission forwarded Petition V-98-17 to the Board of Zoning Appeals with a recommendation of denial. PREPARED BY: ER II DA~I'E CURRENT PLANNING SECTION REViEWED BY: ' RdNALD F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION ROBERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summaryN-98-17 JAN i 2 199J MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: 21 September 1998 RE: PETITION V~98-17 AGENT/APPLICANT: Owner: Larry L. Asche 26 East Pelican Street Naples, FL 34113 REQUESTED ACTION: The petitioner requests a variance to construct a boathouse at the extreme end of a proposed dock which has already been granted an extension allowing the dock to protrude 92 feet into the waterway, and also to construct a second covered structure (chickee) on the same dock. GEOGRAPHIC LOCATION: The subject property is located at 26 East Pelican Street, legally described as Lot 23, Isles of Capri Unit 1. JAN 12 1999 PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct a 22-foot by 40-foot boathouse at the extreme end of a 92-foot dock for which an extension was granted in accordance with Resolution 98-12 (BD 98-12). The Land Development Code (LDC) states that the maximum protrusion into the waterway for a boathouse is 20 feet, with no provisions for extension beyond that limit. The petitioner also wishes to construct a second 1 O-foot by 13-foot covered structure (chickee) on the dock at aproximately the mid-point. The LDC states that the maximum number of boathouses per site is one, with no provisions for exceptions, and although a chickee does not technically meet the definition of a boathouse, it has been the interpretation of the Planning Department that the intent of the LDC is to limit the number of covered structures on a dock to one per site. SURROUNDING LAND USE AND ZONING: Existing: Singif-family residence, zoned RSF-4 Surrounding: North - Pelican Street ROW South - Waterway (Marco River) East - Single-family residence, zoned RSF-4 West - Single-family residence, zoned RSF-4 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that there is no historic/archaeological impact. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. JAN i 2 1999 2 View of docks on adjacent properties to east (Lots 24-25) View of docks on adjacent properties to west (Lots 20-22) 3 JAN 12 1999 ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4(a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes. The waterway is very broad (over 800 feet) and there are numerous docks in the immediate area which extend more than 20 feet into the waterway. Many of these have boathouses also extending beyond 20 feet, which were presumably built and permitted prior to the LDC amendments which placed restrictions on the construction of such structures. None of these docks has more than one covered structure. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Yes. Although there are no special conditions or circumstances relative to the subject property itself which would argue on behalf of the addition of two covered structures to this dock, there are numerous docks in the immediate area which have boathouses protruding greater than 20 feet into the waterway. c. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. Neither structure is necessary in order to use the dock as it was intended according to the LDC: specifically, to moor a vessel and provide reasonable access to that vessel. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The dock could be reasonably used without the addition of either structure. · JAN ] 2 7999 ~ e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. The LDC was amended specifically to limit the distance which boathouses could legally protrude into the waterway, and to limit the number of such structures on a single docking facility. No provisions are made in the LDC to provide for submission of petitions which, if approved, would allow the petitioner to construct such structures. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. Granting a variance for both proposed structures would not be in harmony with the general intent and purpose of the LDC, specifically, section 2.6.21 (dock facilities); however, given the number of boathouses existing in the immediate neighborhood, addition of the proposed boathouse would probably not be injurious to the neighborhood. g. Are there natural conditions or physically induced conditions that ~-- ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. Although this is a broad waterway, the addition of two covered structures to a 92-foot dock would likely have at least limited impact on the view of neighboring property owners. h. Will granting the variance be consistent with the Growth Management Plan. Approval of this plan will not affect or change the requirements of the Growth Management Plan. GENERAL COMMENTS Although the existence of numerous boathouses in the immediate neighborhood makes the addition of another such boathouse less objectionable in terms of compatibility, the LDC was specifically amended in order to prohibit boathouses which protrude greater than 20 feet into the waterway, and to limit the number of covered structures on a single docking facility. JAN 12 1999 5 STAFF RECOMMENDATION: It is staff's conclusion that the proposed structures are contrary to the intent of the LDC, and staff therefore recommends that this petition be denied. In the case of the second covered structure, this position is supported by our legal department who advise that, with regard to the second structure, this petition constitutes a use variance and is therefore legally insufficient. · JAN .t 2 'f999 f 6 PREPARED BY: RdSS.,GI:SCHENAUR, PLANNER II ' .~'TE ~ ~ CURRENT PLANNING CURRENT PLANNING MANAGER ~ , /-------- /D~_ ROBERT J. MULHERE, AICP, DATE PLANNING SERVICES DIRECTOR V CAUTERO, AICP, ADMINISTRATOR DA?E ~ COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V 98-17 Staff report for the 3 December 1998 CCPC meeting. This Petition has tentatively been scheduled for the 12 January 1999 BZA Public Hearing.? Collier County Planning Commission: MICH J . BRUET, CHAIRMAN jAN 12 ?999 VARIANCE PETITION (VARIANCE FROM SETBACK REQUIRED FOR A FARTiCULAR ZCtji:jj iZj':'RiCT',, RECEIVED PETITION NO. DATE PETiTiC. N P~CE!VED ~: tr 9'8' .i~Ii PROJECT PLANNER (ABOVE TO BE FILLED IN BY ST.~ ' ~iG SERVICES PETITIONER'S ADDRESS LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) Z~ BLOCK(S) SUBDIVISION SECTION (If legal desc:ip~ion is lengnhy, i.e. menes a bounds desczip~ion, a~nach additional page) CURRENT ZONING OF SUBJECT PROPERTY sxzsTz~G ~n uss o~ susJsc~ ~ACENT ZONING & ~D USE ZONING LAND USE ~ ~sr %-,,,,.5!~_ ~,,,.,,.,.,\~ MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: 2 ~ CORNER LOT:~'~ (CIRCLE ONE) SIDE: 7 Y~ ' WATERFRON LOT: N-e~ (CIRCLE ONE) zs RECEIVED , SEP 3 1998 JAN 12 1999 ~o.//.. NATURE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. The f :veJ c.c. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary. ) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. ~ //0 ' ~r~ ~ ~~ ~' 2 J A N 1 Z 1999 2. Are Enere speczai condzt;cns and sirCumsLances whzch do not result from the acEion of the applicant such as pre-e×isting conditions relative Eo the property which is the subject of the variance request. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. "z..o' .--H,,,., 4. Will the variance, if granted, be the minlmum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or wel fare. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 'jAN 12 1999 pg. 6. Will granting the variance be mn harmony with the intent and purpose of this zoning code, and not be in3urious to the --- neighborhood, or otherwise detrimental to the public welfare. 'The, ~ ~,~ ~-,'· do~ 3~'~/~,7~ ~,'~~A~ s ~r~o~-~,',g 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf .~ourse, etc. ~ 8. Will granting the variance be consistent with the growth management plan. JAN 1 ~ '1999 Looking East Looking East ASCHE Isle of Capri JAN I 2 1999 Looking West Looking West ASCHE JAN 12 1999 Isle of Capri 1 RESOLUTION NO. 99- 3 RELATING TO PETITION NUMBER V-98-17, 4 FOR A VARIANCE ON PROPERTY HEREINAFTER 5 DESCRIBED IN COLLIER COUNTY, FLORIDA. 6 8 WHEREAS, the Legislature of the State of Florida in Chapter 125, 9 Florida Statutes, has conferred on all counties in Florida the power to 10 establish, coordinate and enforce zoning and such business regulations as 11 are necessary for the protection of the public; and 12 WHEREAS, the County pursuant thereto has adopted a Land Development 13 Code (Ordinance No. 91-102) which establishes regulations for the zoning 14 of particular geographic divisions of the County, among which is the 15 granting of variances; and 16 WHEREAS, the Board of Zoning Appeals, being the duly elected 17 constituted Board of the area hereby affected, has held a public hearing 18 after notice as in said regulations made and provided, and has considered 19 the advisability of a boathouse to be constructed beyond the permitted 20 2o feet on an approved 92-foot dock as shown on the attached plot plan, 21 Exhibit "A", in an RSF-4 Zone for the property hereinafter described, and 22 has found as a matter of fact that satisfactory provision and arrangement 23 have been made concerning all applicable matters required by said 24 regulations and in accordance with Section 2.7.5 of the Zoning 25 Regulations of said Land Development Code for the unincorporated area of 26 Collier County; and 27 WHEREAS, all interested parties have been given opportunity to be 28 heard by this Board in public meeting assembled, and the Board having 29 considered all matters presented; 3o NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of 31 Collier County, Florida, that: 32 The Petition V-98-17 filed by Jerry Neal of Custom Dock & Repair, 33 Inc., representing Larry & Diane Asche, with respect to the property 34 hereinafter described as: 35 36 Lot 23, Isles of Capri #1, as recorded in Plat Book 3, Page 41 37 of the Public Records of Collier County, Florida. --- 38 be and the same hereby is approved for a boathouse to be constructed :' AGENDAi~M 39 beyond the permitted 20 feet on an approved 92-foot d[ck aN} ~bn',,,m nn the ! jAN 1 g 1999 I pq. ..i,---,-- 1 attached plot plan, Exhibit "A", of the RSF-4 Zoning District wherein 2 said property is located. 3 BE IT RESOLVED that this Resolution relating to Petition Number 4 V-98-17 be recorded in the minutes of this Board. 5 This Resolution adopted after motion, second and majority vote. 6 Done this day of , 1999. 7 8 ATTEST: BOARD OF ZONING APPEALS 9 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 10 11 12 13 BARBARA B. BERRY, Chairman 14 15 16 17 18 Approved as tc Form and Legal Sufficiency: 19 20 22 Marjorie M. Student 23 Assistant County Attorney 24 25 f/v-98-17 RESOLdION 26 27 jAN _1_ 2 7999 MHW = +1.8 17.5' 40' PROPOSED BO~4TItOUSE 18' 4' 18' ' SEA ~ 75' Water Frorifle Ow~r: 26 E~t Pelican Street Isles Isles o~ C~p~ ~1, Lot 23 Sec 5. T 52 S, ID: 52340880006 uL~N~NG Exhibit A EXECUTIVE SUMMARY REQUEST TO APPROVE THE FINAL PLAT OF "PEBBLEBROOKE LAKES PHASE 3" OBJECTIVE: To approve the final plat of "Pebblebrooke Lakes Phase 3", a subdivision of lands located in Section 27, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Pebblebrooke Lakes Phase 3" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. ~ngineering Review Section recommends that the final plat of "Pebblebrooke Lakes Phase 3" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $453,510.00, to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $273,592.00 b) Drainage, Paving & Grading - $179,918.00 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 Development Services Revenue generated by this project: ;,.., Total: $9070.80 Fees are based on a construction estimate o~ N~G~ $453,510.00 and were paid in August, 1998. JAN 12 1999 Executive Summary Pebblebrooke Lakes Phase 3 Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $ 4./ac) - $ 540.36 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $1367.96 Drainage, Paving, Grading (.425% const. est.)- $ 764.65 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $4103.88 Drainage, Paving & Grading (1.275% const. est- $2293.95 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Pebblebrooke Lakes Phase 3" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. 4) That any outstanding issues with the construction plans and plat are resolved prior to the pre-construction meeting. JAN 12 7999 Executive Summary Pebblebrooke Lakes Phase 3 Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: ~ ' ~Z-~7-~ RobErt Mulhere, AICP Date Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION jrh JAN 12 1999 I~TE~ · ROAD (C.R. 846) ~7~~ ""' L R' KE .... LOC ATIO N MA~..~ JAN 12 1999 N T.'S. ~ . .... ~ g. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT entered into this day of , 19~ between KENCO Development Corporation hereinafier referred to as "Developer," and the Board of County Commissioners of Collier Counry, Florida, hereinafier referred to as the "Board." RECITALS: 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be 'known as: Pebblebrooke Lakes Phase 3. 2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW THEREFORE. in consideration of the foregoin8 premises and mutuaI covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: the Required Improvements w/thin 12 months from the date of approval of said subdivision plat, said improvements (water, sewer, drainage and roadway) hereinafter referred to as the required improvements. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements. the Developer shall tender its subdivision performance security in the amount of $24,465.65 ~vhich represents ten percent of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director. the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. 4. The required improvements shah not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notif).' the Developer in ~witing of his preliminar)' approval of the improvements; or b) notiS' the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submined for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the ten percent subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. JAN 12 1999 7. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County. Administrator may call upon the subdivision security. to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the rigaht to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance securiW, shall be liable to pay and to indemnif-L,.' the Board, upon completion of such construction, the final total cost to the Board thereof, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may' sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 8. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of ,19 Witnesses to KENCO Development Corporation W, itnesses to -/ ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK COLLIER COUNTY, FLORIDA By: Chai~an Approved as to fi ~ and legal sufficiency: _7 ,~ ' , . JAN I 2 1999 EXECUTIVE SUMMARY' REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF PELICAN STRAND REPLAT - 6 AND APPROVAL THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of Pelican Strand Replat - 6. CONSIDERATIONS: The Board of County Commissioners on November 3, 1998 approved the final plat of Pelican Strand Replat - 6 with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The. fiscal impact to the County is listed below. The project cost is $263,280.30, to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $252,614.23. The developer has provided a Construction, Maintenance and Escrow Agreement as the required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $5680.73 Fees are based on a construction estimate of $263,280.30 and were paid in September, 1998 and are reflected in the Executive Summary of November 3, 1998. JAN 12 1999 Executive Summary Pelican Strand Replat - 6 Page 2 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Pelican Strand Replat - 6", with the following stipulations: 1 Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the Subdivision improvements. 2 Authorize the recording of the final plat of "Pelican Strand Replat - 6" 3 Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager ~ t Mulhere, AICP Date Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JAN 12 1999 ~NGSTON ROAD-E/W -- .- SITE ' .-- -- . CONSTRUCTION, MAINTENANCE AND ESCROW AGREENIENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into · this day of , 19 between PELICAN STRAND, LTD. a Florida Limited Partnership by PELICAN STRAND DEVELOPMENT CORPORATION, its General Partner, (hereinafier "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "The Board") and CREDIT SUISSE FIRST BOSTON (hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as PELICAN STRAND, Replat 6, Tract 10, Amberwood Drive. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction contract prepared by Naples Road Building Corporation, a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the contract, Exhibit "A" C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreemere with Developer dated JUly 2, 1998, (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $252,614.23, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 12 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes lender to hold $252,614.23 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. JAN 12 1999 3. Lender agrees to hold in escrow $252,614.23 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit no more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $22,964.93, which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to that effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs 'and expenses, and to offset 'any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and, (d) The County Will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. JAN 12 1999 pg. .,----- 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier Count}' Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either a) notifv the Developer in writing of his preliminaD' approval of the improvements; or b) notify the Developer in xwiting of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of ---- this Agreement; 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release an)' monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Services Director. After the one )'ear maintenance period by the Developer upon submission of a v, Titten request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibilis.' fo~ maintenance of the _ Required Improvements shall continue unless or.unfi_l the Board accepts maintenance _., responsibility for and by the County. JAN i g ~999 p~. ~:) 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the Lender. IN' WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of ., 1998. Sign ( ealed and Deli ered in the PELICAN STRAND, LTD., P~ '~agof~dfT((,~ A Florida limited partnership '~"~-'~6~lL,47c/ lfT- ,U't"7'Y:,,L ,) By: Pelican Strand-Development (Print Name) ' ' ' ~O7~ ' , g ' \ d ~'ArLo~ t/a.' ~ ~, //e,e, '~.'Neil rrill "' ~'' (Print Name) . .~ CREDIT SUISSE FIRST BOSTON (' "'- J." l MORTGAGE CAPITAL LLC, (P. Kint Name) ~bL~,,~..x.N.x4 ,N,N%~,,_~' A Delaware limited liability company (Print Name) · Title: ATTEST: BOARD OF COUNTY D~qGHT E. BROCK, CLERK COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Deputy Clerk Chairman Approved as to form and legal sufficiency: David C. Wi:ig~l, County Attorney JAN 12 1999 pg. 7 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "WILLOW PARK", AND APPROVAL OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Willow Park", a subdivision of lands located in Section 1, Township 49 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Willow Park" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction, maintenance and escrow agreement. This would be in conformance with the County Land Development Code ""~ivision 3.2.9. Engineering Review Section recommends that the final plat of "Willow Park" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $403,163.50 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water &Sewer - $133,494.00 b) Drainage, Paving, Grading - $269,670.00 The Security amount, equal to 110% of the project cost, is $468,479.50 (includes $25,000.00 for excavation security). The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: ~ Total: $6762.94 $355,076.00 (does not include water distribution lines which will be maintained by the Cilzy j~ 12 1999 Naples)and were paid in November, 1998. pg. / Executive Summary .__ Willow Park Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 470.00 b) Construction Drawing Review Fee Sewer (.50% const. est.) - $ 427.03 Drainage, Paving, Grading (.425% const. est.- $1146.10 c) Construction Inspection Fee Sewer (1.5% const. est.) - $1281.09 Drainage, Paving, Grading (1.275% const. est.) - $3438.29 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Willow Park" with the following stipulations: 1. Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Willow Park" 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. JAN 1 1999 Executive Summary Willow Park Page 3 PREPARED BY: n Houldsworth, Senior Engineer Date Engineering Review REVIEWED BY: ~ D. ~~ ,z-,~-~ ,,-~",--t----,_ /2 -/Z/F ~be~Mulhere, AICP Date Planning Services Department Director APPROVED BY: Vincent A. Cautero, AICP, Administrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JRH/ew JAN 12 1999 I~g. ,.~ LOCATION MAP NOT TO SCALE . CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this __ day of , 1998 between Willow Professional Park Limited Partnership, a Florida Limited Partnership, the property owner, (hereinafter "Developer"), the Board of County Commissioners of Collier County, Florida, (hereinafter the "The Board") and AmSouth Bank (hereinafter "Lender"). RECITALS A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Willow Park B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Coastal Engineering Consultants, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated September 15, 1998 (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $468,479.50 and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. J.'~DATAI973881C&M & Escrow Agree for Subdi lmp~e~ep[s.~oc~999 1 NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 36 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $468,479.50 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $468,479.50, from the Conslruction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $40,316.00 which shall remain in escrow as Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the D, ,;velol~.L-~FtA J:lDATAI973881C&M & Escrow Agree for Subdiv lm -ovemj~t~dof 2 [.~ Services Director to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of.this Agreement; Co) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion, shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for conslruction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal J:IDATAI973881C&M & Escrow Agree for Subdi~ lmprovements. doc JAN 1 1999 3 improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Lender, the respective successors and assigns of the Developer and Lender. JAN 12 1999 J.'ID,4TA~97388~C&2~l & Escrow Agree for Subdiv l~ ~'rovements. doc 4 .,rN WITNESS WHEREOF, the Board, the Developer and the Lender have caused this Agreement to be executed by their duly authorized representatives this __ day of ., 1998. Signed, Sealed and Delivered in the presence of: Willow Professi, inal Park Limited Partnership, a Florida Limit~ id Partnership ~b z-, ~q{F---~ By: ~~~President W' ess "Z' '/ r AmSouthBank Printed Name W ~,~ ~ "~ By: Timi>thy :/. ~4~cLean, Vice President PYn~jd ~aTn~7'~il4'q't' ,~"b a ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By:_ Deputy Clerk "'3,airman Approved as to form and legal sufficiency: David Weigel Collier County Attorney dAN 12 ]999 J: IDA TA 197388~C& M & Escrow Agree for Subdiv Improvements. doc EXHIBIT "1" ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST I. Potable Water System $48,088.00 } x'}~3 [\c~/' II. Sanitary Sewer System $85,406.00 III. Drainage $167,036.00 IV. Paving, Concrete, Miscellaneous $102,633.50 SubTotal $403,163.50 10% of Total $40,316.00 110% Escrow Amount $443,479.50 V. Excavation Bond $25,000.00 Total $468,479.50 JAN 12 1999 d.' ~DATAI973881C&M & Escrow Agree for Subdiv lmprovements. doc 6 EXECUTIVE SUMMARY BOARD APPROVAL OF AGREEMENT RENEWALS FOR A PERIOD OF ONE YEAR WITH HYDROLOGICAL CONSULTANTS AND CLEANUP CONTRACTORS PURSUANT TO RFP #2380 OBJECTIVE: To have the Board of County Commissioners approve the agreement renewals with hydrological consultants and contamination cleanup contractors pursuant to RFP# 95-2380, for a one year extension to the current agreements with Professional Services Industries, Metcalf & Eddy, Inc., Ecology and Environment, Inc., ERM South, Inc., and OHM Remediation Services Corporation. CONSIDERATIONS: Through Contract GC530 with Florida Department of Environmental Protection (FDEP), FDEP requires the County enter into an agreement with qualified hydrological consultants/contractors. The consultants/contractors are to carry out cleanup activities at various contaminated sites within the County. FDEP will reimburse the County for all associated cleanup On January 3, 1996, the Board of County Commissioners approved the original agreement for the consultant/contractors referenced above. GROWTH MANAGEMENT IMPACT: Clean-up of petroleum contaminated sites is consistent with Objective 1.5 of the Natural Ground Water Recharge sub-element of the Public Facilities element of the County's Growth Management Plan. k also satisfies the objectives of the Ground Water Protection Ordinance. FISCAL IMPACT: The is no associated cost to the County for the contracted Remediation services pursuant to FDEP Contract CJC530 as amended and renewed. Funds for the agreements are financed through the FDEP Contract 530, in the form of Advance Working Capital (AWC). The AWC monies will be paid to the County in advance by FDEP prior to establishing task assignments to the consult3nts/contractors in Pollution Control & Prevention Department' s Fund 108, Cost Center 178968. RECOMMENDATION: That the Board of County Commissioners authorize the chairman to execute all the agreements with the above referenced firms as presented in this Executive Summary. PREPARED BY: DATE: /,~ ~,,2 ~ '~P is Clerical Supervisor G. George Yilmaz, Ph.D., P.E., P.H., R.E.P., Community Development & Environmental Services Division GY:mc:executive summary a achment 3AN 12 19S9 / / / -- EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE ATTACHED SATISFACTION OF LIEN FOR PUBLIC NUISANCE RESOLUTION 85-233 OBJECTIVE: That the Board of County Commissioners approve the attached Satisfaction of Lien for a lien previously assessed by the Board of County Commissioners by Resolution No. 85-233 for a public nuisance. CONSIDERATION: On October 22, 1985 the Board of County Commissioners adopted Resolution No. 85-233 assessing a lien for a public nuisance in the principal amount of $150.00 on the property described as Marco Beach Unit 2, Block 66, Lot 19 which is owned by Miazga Adela. The record for this case was misfiled and the appropriate notification of the lien was not sent to the property owner. The $100.00 administration fee and any accrued interest has been waived and we are holding the property owner liable for the $50.00 abatement fee. The property owner recently sold the property in question and on November 23, 1998 has paid the $50.00 abatement fee. FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the Satisfaction of Lien, which is estimated to be approximately $7.00 and can be paid from Code Enforcement account (111 138911). GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board approve the attached Satisfaction of Lien for the cost of the abatement of a public nuisance, as recorded on December 13, 1985 by Resolution No. 85-233 recorded in OR Book 1168, Page 2386 of the Official Records of Collier County, Florida. Code Enforcement Director APPROVED BY~~, ~__~ DATE: ~/~"c~ Vincent A. Cautero, AICP Administrator Community Dev. and Environmental Svcs. JAN I 2 1999 This instrument prepared by: FOR CLERK'S USE ONLY Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 56803520003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 85-233 against: Miazga Adela 14123 Hoover Ave. Jamica, NY 11435-1109 The lien was recorded on December 13. 1985 Official Record Book 1168. Page 2386. in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of one hundred fifty dollars (150.00), plus accrued interest and penalties, if any. and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Marco Beach Unit 2. Block 66, Lot 19 REFERENCE: Folio #56803520003 Collier County. a political subdivision of the State of Florida. by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County. Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of the Satisfaction of Lien, by action of the Board this day of ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, -'---- Chairman r~ r0 6 as to fo m ~, eq ~ sufftcfenc21 NAO.GE,~I~,~/' ' "-"' ""''" .... JAN g 1999 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE ATTACHED SATISFACTION OF LIEN FOR PUBLIC NUISANCE RESOLUTION 98-149 OBJECTIVE: That the Board of county Commissioners approve the attached Satisfaction of Lien for a lien previously assessed by the Board of County Commissioners by Resolution No. 98-149 for a public nuisance. CONSIDERATION: On May 19, 1998 the Board of County Commissioners adopted Resolution No. 98-149 assessing a lien for a public nuisance in the principal amount of $245.00 on the property described as Lot 9, Block 62, Golden Gate, Unit 2, Pad 2, which was owned by Fleet Mortgage Corporation. The subject property was sold to Rod R. Hilgeman on May 26, 1998, but the lien was not recorded in the official records until June 22, 1998. I request that the entire lien be waived due to the fact that the property was sold prior to the lien being recorded. FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the Satisfaction of Lien, which is estimated to be approximately $7.00 and can be paid from Code Enforcement account (111 138911). GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board approve the attached Satisfaction of Lien for the cost of the abatement of a public nuisance, as recorded on June 22, 1998 by Resolution No. 98-149 recorded in OR Book 2432, Page 2524 of the Official Records of Collier County, Florida. J~i, 'Belanger ~E DATE: Sed'i~r Customer Service Agent REVIEWED BY: ///~z/-~//2',/, "~ ~ DATE: /~-//-f~ Mi~l;~dwards Arnold Code Enforcement Director APPROVED BY~~ ~. ~ DATE://~ ~ 3 - ~ Y Vincent A. Cautero, AICP Administrator Community Dev. and Environmental Svcs. ~ ~~ ~ JAN i 1999 ~ pg, /' This instrument prepared by: FOR CLERK'S USE ONLY Heidi Ashton Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No, 5719256003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 98-149 against: Fleet Mortgage Corporation P.O. Box 1169 Milwaukee, WI 53201 The lien was recorded on June 22, 1998 Official Record Book 2432, Page 2524, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of two hundred forty five dollars plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier ..-.. County, Florida, which property is described as follows: Lot 9, Block 62, Golden Gate Unit 2, Part 2, According to the Map of Plat thereof as recorded in plat book 7, pages 66 through 67, of the Public Records of Collier County, Florida. REFERENCE: 70923-034 35880360003 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges pay .rnent as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this day of ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By:. BARBAP, A B. BERRY. Chairman A .... ! !999 l, ;, ' : ~ ~" . ' ,,~ ;' I~C~ ~OTICE O~ ASS~'-SS~T O~ LIE~ HAY19 1998 DATE: FLEET MORTGAGE CORP. PO Box 1169 Milwaukee, WI 53201 REFERENCE 70923-034 ~35880360003 LIEN NUMBER: LEGAL DESCRIPTION: LOT 9, BLOCK 62, GOLDEN GATE UNIT 2, PART 2, ACCORDING TO THE MAP OF PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 66 THROUGH 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner of the property above described, as recorded in the ~ records maintained by the office of the Property Appraiser, are hereby O advised that the Compliance SerVices Manager, did on 9/26/97 order the " abatement of a certain nuisance existing on the above property prohibited ~ by Ordinance 91-47, serving notice thereof upon you such nuisance being: ~s Prohibited accumulation of non-protected mowable vegetation in r-~ excess of 18" in height in a subdivision other than Golden Gate ~n Estates. ~ You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on MAY19 1998 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS ,. N 12 1999 CLBRI YO THi BOXkD RICORDID In the OffiCIAL RICOIDS o[ COLLIIR COUITI, IL l!C EIS 10.50 INTB/OrMC! 4~ ~LOOR 06/22/98 aL O~:]3AK D~IGHT !. B/OCI, CLBRI COPIIS BIT RESOLUTION NO. 98 - 149 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST FLEET MORTGAGE CORP LOT 9, BLOCK 62, GOLDEN GATE $ 245.00 PO BOX 1169 UNIT 2, PART 2, ACCORDING TO THE MAP OF MILWAUKEE, WI 53201 PLAT THEROF AS RECORDED IN PLAT BOOK 7, PAGES 66 THROUGH 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. .REFERENCE: 35880360003 70923-034 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: "HAY3/-9 J998 ATTES~: ': BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,,-'.CLERK COLLIER COUNTY, FLORIDA ~'..' "Attest as to Cha|rman'$ BARB~LA B. B~.'RRY; C~ $19.ature 0.13. APPROVED AS TO FORM t~t LEGAL SUFFICIENCY: COUNTY ATTORNEY csce z/se Jn, N 12 1999 EXECUTIVE SUMMARY LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 80415-035/James Bruskay, 80415-037/James Bruskay, 80429-038/Brenda J Gable, 80429- 051/Maurice R & Karen C Skiffey & 80518-037/JP & WF Fox OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION As required by Ordinance 91-47, a Legal Notice of Assessment and copy of the Resolution will be mailed to the respective property owners, and the Clerk to the Board will record the resolution thirty days after mailing of the resolution. Case No. Owner of Record Case Summary Lien Amount 80415-035 James Bruskay a. Violation determination 04/14/98 $ 245.00 b. Notice of Violation served Undeliverable -" - c. Verification of unabated nuisance 05/13/98 d. Nuisance abated with public funds 05/26/98 e. Owner invoiced for costs 06/12/98 80415-037 James Bruskay a. Violation determination 04/14/98 245.00 b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 05/13/98 d. Nuisance abated with public funds 05/25/98 e. Owner invoiced for costs 06/12/98 80429-038 Brenda J Gable a. Violation determination 04/28/98 245.00 b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 05/27/98 d. Nuisance abated with public funds 06/04/98 e. Owner invoiced for costs 06/05/98 80429-051 Maurice R & Karen C a. Violation determination 05/04/98 245.00 Skiffey b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 06/08/98 d. Nuisance abated with public funds 06/11/98 e. Owner invoiced for costs 06/18/98 80518-037 JP & WF Fox a. Violation determination 05/15/98 245.00 b. Notice of Violation served 05/22/98 c. Verification of unabated nuisance 06/11/98 ,.-, d. Nuisance abated with public funds 06/17/98 e. Owner invoiced for costs 06/25/98i ,~oSS~Cfl~'~ j,a,N 12 1999 FISCAL IMPACT A total reimbursement of $ 1,225.00 may be anticipated by voluntary action or foreclosure. The only cost to be incurred by the County is the cost of recording the Lien, which is estimated to be approximately $ 35.00, and can be paid from Code Enforcement account # 111-138911. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Brid~n, ~ust;m~Se~ice Representative Code Enforcement ~VIEWED BY: Michelle Edwards Arnold, Director Code Enforcement APPRO/V;ED BY: / ¢;f/~~' ~ DATE: Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Svcs. CSce 8 - 6/91 JAN 1 S 1999 BOARD OF COUNTY COb~4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: James Bruskay 9219 S Spaulding Ave Evergreen Park, IL 60805 REFERENCE 80415-035 #62100160008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Block 12, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. You, as the owner of Lhe property above described, as recorded in the records maintained by the office of Zhe Property Appraiser, are hereby advised that the Compliance Services Manager, did on 4/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed ~o abate such nuisance; whereupon, it was abated by the expenditure of public funds aL a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may recuest a hearing before the Board of County Commissioners to show cause, if any, why ~he expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS ~ CSce 9- 1/93 JAN 12 1999 RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISILNCE, IN ACCORDA/NCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]] nuisances, including prescribed administrative cost incurred by the County, shall be assessed ]2 against such property; and ]3 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and ]5 reported to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]8 property against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 2] of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs cf such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 3f 3i James Bruskay Lot 3, Block 12, I~PLES Fa~NOR $245.00 32 9219 S Spaulding Ave ADDITION, according to the 33 Evergreen Park, IL 60805 plat thereof, on file and 34 recorded in the Public Records 35 of Collier County, Florida, 36 PB 3 Pages 67 and 68. 37 38 REFERENCE: 39 80415-035 #62100160008 40 4] 42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 43 owners of the above described property, and if such owner fails to pay such assessment 44 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 45 official records of Collier County, to constitute a lien against such property according to 46 law, unless such direction is stayed by this Board upon appeal of the assessment of the 47 owner. 48 This Resolution adopted after motion, second and majority vote. 49 DATEDr 50 51 ATTEST: BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 53 54 55 BY: 56 CHAIRMAN 57 58~----APPROVED AS TO FORM 65 CSce 11 - 1/1/99 BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: James Bruskay 9219 S Spaulding Ave Evergreen Park, IL 60805 REFERENCE 80415-037 #62100200007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 12, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. You, as the owner of the property above described, as recorded in the records maintained by ~ne office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 4/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed Lc abate such nuisance; whereupon, it was aba~ed by the expenditure of public funds an a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why Ehe expenses and charges incurred by the County under this Ordinance are unwarranZed or excessive or why such expenses should not constitute a lien against the properzy. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from Ehe date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 JAN 12 1999 / 1~ RESOLUTION N0. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 l0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]] nuisances, including prescribed administrative cost incurred by the County, shall be assessed ]2 against such property; and ]3 ]4 WHERF. AS, the cost thereof to the County as to each parcel shall be calculated and ]5 reported to the Board of County Commissioners, together with a description of said parcel; and ]6 17 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]8 property against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 2] of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 3. ames Bruskay Lot 4, Block 12, I~PLES MANOR $245.00 32 9219 S Spaulding Ave ADDITION, according to the plat 33 Evergreen Park, IL 60805 thereof, on file and recorded 34 in the Public Records of Collier 35 County, Florida, PB 3 Pages 67 36 and 68. 37 38 REFERENCE: 39 80415-037 #62100200007 40 4] 42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 43 owners of the above described property, and if such owner fails to pay such assessment 44 within thirty (30} days hereof, a certified copy of this Resolution shall be recorded in the 45 official records of Collier County, to constitute a lien against such property according to 46 law, unless such direction is stayed by this Board upon appeal of the assessment of the 47 owner. 48 This Resolution adopted after motion, second and majority vote. 49 DATED: 50 5] ATTEST: BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 53 54 55 BY: 56 CHAIRMAN 57 58 APPROVED AS TO FORM 59"~'~'N~T~?2{SUFFICIENCY: 62 Cj~ID WEIGEL 63 ~ COUNTY ATTORNEY JAN 12 1999 65 CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Brenda J Gable 380 School St York, PA 17402 REFERENCE 80429-038 #77210600003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 2, Trail Acres Subdivision, as recorded and platted in Plat Book 3, page 50, Collier County Records. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 4/29/98, order ~he abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may requesE a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearin~ must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMHISSIONERS .CG~ CSoe 9- Z/S3 JAN 1 g 199] RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDA/~CE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, 1] including prescribed administrative cost incurred by the County, shall be assessed against such 12 property; and ]3 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported ]5 to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property 18 against which made until paid; and 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 21 Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 31~"~renda J Gable Lot 8, Block 2, Trail Acres $245.00 3 80 School St Subdivision, as recorded and platted 33 fork, PA 17402 in Plat Book 3, page 50, Collier 34 County Records. 35 36 37 38 39 40 REFERENCE: 41 80429-038 #77210600003 41 43 44 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 45 of the above described property, and if such owner fails to pay such assessment within thirty 46 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 47 of Collier County, to constitute a lien against such property according to law, unless such 48 direction is stayed by this Board upon appeal of the assessment of the owner. 49 This Resolution adopted after motion, second and majority vote. 50 DATED: 52 ATTEST: BOARD OF COUNTY COMMISSIONERS 53 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 54 55 56 BY: 57 CHAIRMAN 58 59 APPROVED AS TO FORM 6 . COUNTY ATTORNEY 65 66 csce - JAN 1 Z 1999 BOARD OF COUNTY CO~A~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Maurice R & Karen C Skiffey 8093 Glen Oaks Dr NE Warren, OH 44484 REFERENCE 80429-051 #57733440003 LIEN NUMBER: LEGAL DESCRIPTION: Lot n,~mher 12, Block 276, Marco Beach Unit #8 according to the Plat thereof, recorded in Plat Book 6, page 63-68, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/5/98, order the abatement of a certain nuisance existing on the above proper~y prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by ResoluEion of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Governmenz CenEer, Naples, Florida 34112 in writing within thirty I301 days from the date of this assessment to be valid. CS e 9- m/ 3 JAN 18 199! RESOLLTT!ON NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, 1] including prescribed administrative cost incurred by the County, shall be assessed against such 12 property; and 13 14 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported 15 to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ]8 against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 2] Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 3]-----.Maurice R & Karen C Skiffey Lot nHmher 12, Block 276, $245.00 3' 093 Glen Oaks Dr NE Marco Beach Unit #8 according 3_ larren, OH 44484 to the Plat thereof, recorded 34 in Plat Book 6, page 63-68, 35 of the Public Records of 36 Collier County, Florida. 37 38 39 40 41 42 REFERENCE: 43 80429-051 #57733440003 44 45 46 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 47 of the above described property, and if such owner fails to pay such assessment within thirty 48 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 49 of Collier County, to constitute a lien against such property according to law, unless such 50 direction is stayed by this Board upon appeal of the assessment of the owner. 51 This Resolution adopted after motion, second and majority vote. 52 DATED: 53 54 ATTEST: BOARD OF COUNTY COMMISSIONERS 55 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 56 57 58 BY: 59 CHAIRMAN 60 61 APPROVED AS TO FORM 6Z-----AND LEGAL SUFEICISNCy: 66 ~ COUNTY ATTORNEY ' ' 67 68 CSce - /1/99 JAN 12 7999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: JP & WF Fox PO Box 2130 Hickory, NC 28603 REFERENCE 80518-037 #67491280003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 32, PINE-VIEW VILLAS, Block ~A", A subdivision lying in the Southeast quarter (SE ~) of Section 13, Township 50 South, Range 25 East, Collier County, Florida, as recorded in Plat Book 9, at Page 49, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by Zhe office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/18/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds a~ a direct cost of $ 45.00 and achT~inistrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from Lhe gate cf this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSee 9-1/93 JAN 12 1999 RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ]1 including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and 14 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported ]5 to the Board of County Commissioners, together with a description of said parcel; and ]6 17 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property 18 against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 2] Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, tc wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 31 IP & WF Fox Lot 32, PINE-VIEW VILLAS, Block "A", $245.00 3 'O Box 2130 A subdivision lying in the Southeast 3~ Hickory, NC 28603 quarter (SE ~) of Section 13, 34 Township 50 South, Range 25 East, 35 Collier County, Florida, as recorded in 36 Plat Book 9, at Page 49, of the Public 37 Records of Collier County, Florida. 38 39 40 REFERENCE: 4] 80518-037 #67491280003 42 43 44 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 45 of the above described property, and if such owner fails to pay such assessment within thirty 46 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 47 of Collier County, to constitute a lien against such property according to law, unless such 48 direction is stayed by this Board upon appeal of the assessment of the owner. 49 This Resolution adopted after motion, second and majority vote. 50 DATED: 5! 52 ATTEST: BOARD OF COUNTY COMMISSIONERS 53 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 54 55 56 BY: 57 CHAmRMAN 58 59 APPROVED AS TO FORM 6o STFI E{CY, 61 65 66 csce 11 - JAN 12 7999 EXECUTIVE SUMMARY LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 80109-018 & 80109-019/Leonard Wisniewski, 80323-060/William B Smith JR & Craig Morris, 80408-050/Hubert Bird, 80528-046/H N H Ventures & 80618-066/Ram Ventures Inc. % Faccooneer Tile & Marble OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION As required by Ordinance 91-47, a Legal Notice of Assessment and copy of the Resolution will be mailed to the respective property owners, and the Clerk to the Board will record the resolution thirty days after mailing of the resolution. Case No. Owner of Record Case Summary Lien Amount 80109-018 & Leonard Wisniewski a. Violation determination 01/08/98 $ 2,850.00 80109-019 b. Notice of Violation served 01/27/98 c. Verification of unabated nuisance 02/16/98 d. Nuisance abated with public funds 04/27/98 e. Owner invoiced for costs 08/18/98 80323-060 William B Smith JR & a. Violation determination 04/07/98 245.00 Craig Morris b. Notice of Violation served 04/20/98 c. Verification of unabated nuisance 05/11/98 d. Nuisance abated with public funds 06/20/98 e. Owner invoiced for costs 07/01/98 80408-050 Hubert Bird a. Violation determination 04/07/98 600.00 b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 05/05/98 ,, d. Nuisance abated with public funds 06/05/98 e. Owner invoiced for costs 06/18/98 80528-046 H N H Ventures a. Violation determination 05/27/98 245.00 b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 06/23/98 d. Nuisance abated with public funds 07/06/98 e. Owner invoiced for costs 07/10/98 80618-066 Ram Ventures Inc. % a. Violation determination 06/17/98 245.00 Faccooneer Tile & b. Notice of Violation served 06/20/98 Marble c. Verification of unabated nuisance 07/09/98 d. Nuisance abated with public funds 07/14/98 e. Owner invoiced for costs... 07/24/98 No )jjEff JAN 12 1999 __..P~.- / FISCAL IMPACT A total reimbursement of $ 4.185.00 may be anticipated by voluntary action or foreclosure. The only cost to be incurred by the County is the cost of recording the Lien, which is estimated to be approximately $ 35.00, and can be paid from Code Enforcement account # 111-138911. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: 1 t 11 ~,L~, L~ ~2~L~,, .,.,-: ..~://->~;, Melo;ly BridgeXma;h Custdher Sen, ice Representative Code Enbrcement REVIEWED BY: REVIEWED BY: ~/e~ ~ ~( DATE: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: ~' DATE: Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Svcs. CSce 8 - 6/91 JAN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT-OF LIEN DATE: Leonard Wisniewski 2630 -35th Ave NE Naples, FL 34120 LIEN NUMBER: REFERENCE 80109-018 & 80109-019 #56405240008 LEGAL DESCRIPTION: Lots 33 & 34, BLK 5, MAINLINE SUB, PB 1, PG 98 You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 1/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Brazilian Pepper Hedges & Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 2,650.00 and administrative cost of $200.00 for a total of $ 2,850.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should net constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Conuv~issioners, Government Center, Naples, Florida 34112 in writing within thirty CLERK, BOARD OF COUNTY COM ISSIONSRS JAN 12 1999 CSce 9- 1/93 Pn 5 . RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF · 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain 1] nuisances, including prescribed administrative cost incurred by the County, shall be assessed ]2 against such property; and ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 15 reported to the Board of County Commissioners, together with a description of said parcel; and 16 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 18 property against which made until paid; and 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 21 of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 29_ NAME: LEGAL DESCRIPTION: COST Leonard Wisniewski Lots 33 & 34, BLK 5, $2,850.00 3Z 2630 -35th Ave NE MAINLIE SUB, PB 1, PG 98 33 Naples, FL 34120 34 35 36 REFERENCE: 37 80109-018 & 80109-019 #56405240008 38 39 40 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 41 owners of the above described property, and if such owner fails to pay such assessment 42 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 43 official records of Collier County, to constitute a lien against such property according to 44 law, unless such direction is stayed by this Board upon appeal of the assessment of the 45 owner. 46 This Resolution adopted after motion, second and majority vote. 47 DATED: 48 49 ATTEST: BOA/~D OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 5] 52 53 BY: 54 CHAIRMAN 55 56 APPROVED AS TO FORM 61~ COUNTY ATTORNEY 62 63 cSce 11 - 1/1/99 3AN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: William B Smith JR Craig Morris 4420 Robin Ave Naples, FL 34104 REFERENCE 80323-060 #35745840008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 27, Block 21, GOLDEN GATE UNIT 2, according to the plat thereof, recorded in Plat Book 5, Page 65 through 77 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 4/14/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 9i-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty i30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. - CSce 9- 1/93 JAN 12 1999 RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDA/~CE 8 WITH ORDINANCE 91-47. 9 10 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]] nuisances, including prescribed administrative cost incurred by the County, shall be assessed 12 against such property; and 13 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and ]5 reported to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]8 property against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 21 of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 23__ NAME: LEGAL DESCRIPTION: COST William B Smith JR Lot 27, Block 21, GOLDEN GATE $245.00 3Z Craig Morris Unit 2, according to the plat 33 4420 Robin Ave thereof, recorded in Plat Book 34 5, Page 65 through 77 of the 35 Public Records of Collier County, 36 Florida. 37 38 REFERENCE: 39 80323-060 #35745840008 40 4] 42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 43 owners of the above described property, and if such owner fails to pay such assessment 44 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 45 Official records of Collier County, to constitute a lien against such property according to 46 law, unless such direction is stayed by this Board upon appeal of the assessment of the 47 owner~ 48 This Resolution adopted after motion, second and majority vote. 49 DATED: 50 51 ATTEST: BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 53 54 55 BY: 56 CHAIRMAN 57 ~.. APPROVED AS TO FORM N 62~..~'fSAVID WEIGE[ 63 COUNTY ATTORNEY 64 JAN 12 1999 65 csce 11 - 1/1/99 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Hubert Bird 5301 -19th Ave SW Naples, FL 34116 REFERENCE 80408-050 #01134802704 LIEN NUMBER: LEGAL DESCRIPTION: Commencing at the East ~ corner of Section 13, T52S, R29E, Collier County, Florida; thence N 680-04'-26" W 987.57 feet, said corner being the place of ending of S-837 as described in Deed Book 42, Page 142 and also the place of beginning of a 50 foot wide strip of land for County Roads as described in Deed Book 42, Page 303 of the Public Records of Collier County, Florida; thence S 420-06, W 37.00 feet; thence N 52°-14' W 134.40 feet; thence N 0°-51' E 97.00 feet to "intersection point C" described in said Deed Book 42, Page 303; thence along the centerline of ~'C" Street N 88~-39' W 25.00 feet; thence N 0°-51, E 25.00 feet for a PLACE OF BEGINNING: Thence N 88°-39, N 141.78 feet; thence N 1°-21' E 100.00 feet; thence S 88o-39, E 140.91 feet; thence S 0°-51, N 100.00 feet to the place of beginning. Bearings based on the East line of the NE ~ of Section 13 as being N 0°-02, W. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 4/8/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18". Also, paper, plastic, bottles furniture, glass, metal etc. scattered on property. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 400.00 and administrative cost of $200.00 for a total of $ 600.00. Such costs, by Resclution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty {30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Flori~ 3N0.4~iN~ writing within thirty (30) days from the date of this assessment to be valid. JAN 12 1999 CLERK, BOARD OF COUNTY COMMISSIONERS Pa. / ,.~ RESOLUTION NO. 99- 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 5 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 7 WITH ORDINANCE 91-47. 8 9 WHEREAS, as provided in Ordinance 91-47, the direct cosks of abatement of certain nuisances, including 10 prescribed administrative cost incurred by the County, shall be assessed against such property; and 12 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board 13 of County Commissioners, together with a description of said parcel; and ]4 ]5 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which 16 made until paid; and 17 ]8 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of 19 Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion 10 thereof. 21 22 NOw, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 23 property described as follows, and having been abated of a public nuisance after due and proper notice thereof 24 to the owner of said property, is hereby assessed the following costs of such abatement, to wit: 25 26 Nm~: LEGAL DESCRIPTION: C0~T 27 28 Hubert Bird Commencing at the East ~ corner of Section 13, $600.00 29 5301 -19~h Ave SW T52S, Pa9E, Collier County, Florida; thence 30 Naples, FL 34116 N 68~-04'-26" W 987.57 feet, said corner being 31 the place of ending of S-837 as described 32 in Deed Book 42, Page 142 and also the place 33 of beginning of a 50 foot wide strip of land for County 34 Roads as described in Deed Book 42, Page 303 of the Public Records of Collier County, Florida; thence S 42°-06' W 37.00 feet; thence N 52°-14, W 134.40 feet; thence N 0°-51' E 97.00 feet i8 tO "intersection point C" described in said 39 Deed Book 42, Page 303; thence along the 40 centerline of ~'C" Street N 88°-39, W 25.00 feet; 4] thence N 0°-51' E 25.00 feet for a PLACE OF BEGINNING: 42 Thence N 880-39, N 141.78 feet; thence N1°-21' E 43 100.00 feet; thence S 880-39' E 140.91 feet; 44 thence S 0°-51, N 100.00 feet to the place of beginning. 45 Bearings based on the East line of the NE~ Of Section 46 13 as being N 0°-02, W. 47 48 REFERENCE: 49 80408-050 #01134802704 50 5] 52 The Clerk of the Board shall mall a notice of assessment of lien to the owner or owners of the above 53 described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a 54 certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute 55 a lien against such property according to law, unless such direction is stayed by th~s Board upon appeal of 56 the assessment of the owner. 57 This Resolution adopted after motion, second and majority vote. 58 DATSD, 59 60 ATTEST: BOARD OF COUNTY COMMISSIONERS 61 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 62 63 64 BY: 65 CHAIR~U~ 66 67 APPROVED AS TO FORM /DA~i~ WEIGEL 7Z' COUNTY ATTORNEY 73 74 csce - JAN i 2 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT'OF LIEN DATE: H N H Ventures 4930 -12th Ave SW Naples, FL 34116 REFERENCE 80528-046 #36325040007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 4, Block 226, GOLDEN GATE, Unit No. 6 according to the Plat thereof as recorded in Plat Book 5, Pages 124 through 134, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/28/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty i30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarrante~ or excessive or why such expenses should not constizute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMHISSIONERS ~ CSce 9- 1/93 JAN 12 1999 RESOLUTION NO. 99- 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF .7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 10 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ]l including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and 14 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported ]5 to the Board of County Commissioners, together with a description of said parcel; and 16 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ]8 against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 2] Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 ~ H N H Ventures Lot 4, Block 226, GOLDEN GATE, $245.00 4930 -12th Ave SW Unit No. 6 according to the 4 Naples, FL 34116 Plat thereof as recorded in Plat Book 5,Pages 124 through 35 134, Of the Public Records of 36 Collier County, Florida. 37 3M REFERENCE: 39 80528-046 #36325040007 40 4] 42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 43 of the above described property, and if such owner fails to pay such assessment within thirty 44 (30) days hereof, a certified copy of this Resolution shall be recorded in the official'records 45 of Collier County~ to constitute a lien against such property according to law, unless such 46 direction is stayed by this Board upon appeal of the assessment of the owner. 47 This Resolution adopted after motion, second and majority vote. 48 DATED: 49 50 ATTEST: BOARD OF COUNTY COMMISSIONERS 5] DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 52 53 54 BY: 55 CHAIRMAN 56 57 APPROVED AS TO FORM 58 ANDILEGAL S[TICI ~CY: 61 C 'L~ID WEI~EL ' COUNTY ATTORNEY ,,, JAN 1 g 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Ram Ventures Inc % Faccooneer Tile & Marble 9853 Tamiami Trl N STE 106-017 Naples, FL 34108 REFERENCE 80618-066 #36004160004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 14, Block 106, Golden Gate, Unit 3, according to the plat thereof recorded in Plat Book 5, Pages 97 to 105, inclusive, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised Lhat the Compliance Services Manager, did on 6/18/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (301 days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessmen~ to be valid. No-z'~J~ CLERK, BOARD OF COUNTY COMMISSIONERS JAN 12 1999 csce 9- 1/93 ~ RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ]1 including prescribed administrative cost incurred by the County, sha].l be assessed against such ]2 property; and 13 14 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported ]5 to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property 18 against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 21 Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 15 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 q.h.. Ram Ventures Inc Lot 14, Block 106, Golden $245.00 % Faccooneer Tile & Marble Gate, Unit 3, according to 9853 Tamiami Trl N STE 106-017 the plat thereof recorded 5, 34 Naples, FL 34108 in Plat Book Pages 97 to 105, 35 inclusive, Public Records of 36 Collier County, Florida. 37 38 REFERENCE: 39 80618-066 #36004160004 40 4l The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 43 of the above described property, and if such owner falls to pay such assessment within thirty 44 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 45 of Collier County, to constitute a lien against such property according to law, unless such 46 direction is stayed by this Board upon appeal of the assessment of the owner. 47 This Resolution adopted after motion, second and majority vote. 48 DATED: 49 50 ATTEST: BOARD OF COUNTY COMMISSIONERS 5] DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 52 53 54 BY: 55 56 57 APPROVED AS TO FORM 58 AND ~CEGAL SUTICIiENCY: .." 61 '~UaiqIo WEfGE~ ' ~ COUNTY ATTORNEY JAN 12 1999 EXECUTIVE SUMMARY LIEN RESOLUTIONS CODE ENFORCEMENT CASE NO'S. 80424-053/Clarence &Aiexandra Abrams, 80506-034/Bruce T & Elsye K Whitmer, 80507-018/Robert J & Leslie Fredrickson & 80508-047/Marlene & Casimiro Eguizabal. OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to recover public funds expended to effect the abatement of a public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION As required by Ordinance 91-47, a legal notice of assessment and copy of the Resolution will be mailed to the respective property owners, and the Clerk to the Board will record the resolution thirty days after mailing of the resolution. Case No. Owner of Record Case Summary Lien Amount 80424-053 Clarence &Alexandra a. Violation determination 04/23/98 345.00 Abrams b. Notice of Violation served 04/29/98 ' c. Verification of unabated nuisance 05/21/98 d. Nuisance abated with public funds 06/18/98 e. Owner invoiced for costs 06/19/98 80506-034 Bruce T & Elsye K a. Violation determination 05/05/98 245.00 Whitmer b. Notice of Violation served 05/11/98 c. Verification of unabated nuisance 06/01/98 d. Nuisance abated with public funds 06/08/98 e. Owner invoiced for costs 07/10/98 80507-018 Robert J &Leslie a. Violation determination 05/06/98 245.00 Fredrickson b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 05/28/98 d. Nuisance abated with public funds 06/18/98 e. Owner invoiced for costs 06/19/98 80508-047 Marlene & Casimiro a. Violation determination 05/07/98 245.00 Eguizabal b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 06/08/98 d. Nuisance abated with public funds 06/11/98 e. Owner invoiced for costs 06/18/98 FISCAL IMPACT A total reimbursement of $ 1,080.00 may be anticipated by voluntary action or .,--, foreclosure. The only cost to be incurred by the County is the cost of recording the Lien, which is estimated to be approximately $ 28.00, and can be paid from Code Enfi tccmcA&~ j~, ~ account # 111-138911. ~°' ~ JAN 12 1999 GROWTH MANAGEMENT IMPACT Not applicable. --- RECOMMENDATION That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: 3 ' Melo~iy Bridgen~n: Custon~er Service Representative Code Enforcement REVIEWED BY: REVIEWED BY: ;/Z ~' r'~--~ ~ DATE: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: ~~2~(f", ~ DATE: Vincent A. Cautero, AICP, Administrator Communi~' Dev. & Environmental Svcs. CSce 8 - 6/91 AGENDA~ JAN 12 7999 BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Clarence & Alexandra Abrams 480 Boyne St New Hudson, MI 48165 REFERENCE 80424-053 #36240720004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 25, Block 166, Unit 5, Part--GOLDEN GATE according to plat thereof recorded in Plat Book 6, Page 118 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 04/24/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Large Brazilian Pepper on unimproved property. You failed ~o abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 145.00 and administrative cost of $200.00 for a total cf $ 345.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such reques~ for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS AGEND~ IT M~ No.,~%~,~.. CSce 9- I 93 JAN 1 g 1999 RESOLUTION NO. 99- 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, 1] including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and 13 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported ]5 to the Board of County Commissioners, together with a description of said parcel; and 16 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property 18 against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 2] Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 ~ Clarence & Alexandra J~brams Lot 25, Block 166, Unit 5, $345.00 480 Boyne St Part~LDEN GATE according 3. New Hudson, MI 48165 to plat thereof recorded in 34 Plat Book 6, Page 118 of the 35 Publlc Records of Collier 36 County, Florida. 37 38 REFERENCE: 39 80424-053 #36240720004 40 41 42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 43 of the above described property, and if such owner fails to pay such assessment within thirty 44 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 45 of Collier County, to constitute a lien against such property according to law, unless such 46 direction is stayed by this Board upon appeal of the assessment of the owner. 47 This Resolution adopted after motion, second and majority vote. 4g DATED: 49 50 ATTEST: BOARD OF COUNTY COMMISSIONERS 5] DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 52 53 54 BY: 55 CHAIRMA~ 56 57 APPROVED AS TO FORM 66~ ~OUNTY ATTORNEY I~C---- ~ID ~EIGEL ' ' 12 999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Bruce T. & Elsye K. Whitmer 420 Griffith Ave. Owensboro, KY 423013620 REFERENCE 80506-034 #62256160004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 27, Block 7, Naples Manor Lakes, evidencedby plat of record in Plat Book 3, page 86, in the Public Records of Collier County. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 05/06/98, order the abatement of a certain nuisance exiszing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in helght in a subdivision other than Golden Gate Estates. Weed over 18". You failed ~o aba~e such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost cf $200.00 for a total of $ 245.00. Such ccsEs, by Resolution of the Board of County Commissioners of Collier County, Fiorida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why zhe expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS AGEN CSce 9-1/93 JAN 12 1999 ~ RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain 11 nuisances, including prescribed administrative cost incurred by the County, shall be assessed 12 against such property; and 13 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 15 reported to the Board of County Commissioners, together with a description of said parcel; and 16 17 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]8 property against which made until paid; and 19 20 WHERF3~S, the assessment shall become due and payable thirty (30) days after the mailing 2] of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 29,_, NAME: LEGAL DESCRIPTION: COST 3C 3] ruce T & Elsye K W'nitmer Lot 27, Block 7, Naples $245.00 32 420 Griffith Ave Manor Lakes, evidenced by 33 Owensboro, KY 42301 plat of record in Plat Book 34 3, page 86,in the Public 35 Records of Collier County. 36 37 REFERENCE: 38 80506-034 #62256160004 39 40 4] The Clerk of the Board shall mail a notice of assessment of lien to the owner or 42 owners of the above described property, and if such owner fails to pay such assessment 43 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 44 official records of Collier County, to const tute a lien against such property according to 45 law, unless such direction is stayed by tha ~oard upon appeal of the assessment of the 46 owner. 47 This Resolution adopted after motion, ~econd and majority vote. 48 DATED: 49 50 ATTEST: BOARD OF COUNTY COMMISSIONERS 51 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 52 53 54 BY: 55 , CHAIRMAN 56 57 APPROVED AS TO FORM 58,--'-AND LEGAL SUFFICIENCY: 6 ~'~'DA~D ~IGEL 6~ COUNTY ATTORNEY 64 CSce 11 1/1/99 P~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Robert J & Leslie Fredrickson 2328 Mountain View Rd Stafford, VA 22554 REFERENCE 80507-018 #62851680002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 40, Block 80, Naples Park, Unit No. 6, according to the plat thereof recorded at Plat Book 3, page 15, Public Records of Collier County, Florida You, as ~he owner of the proper~y above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 05/07/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds al a direc~ cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00° Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS AGE~i~ ITE CSce 9- 1/93 JAN 12 7999 i RESOLUTION NO. 99- 3 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE Aj~ATEMENT OF PUBLIC NUISANCE, IN ACCORDA/qCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain l] nuisances, including prescribed administrative cost incurred by the County, shall be assessed ]2 against such property; and 13 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 15 reported to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]8 property against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 2] of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 29--- NlUME: LEGAL DESCRIPTION: COST 3f 31 .obert J & Leslie Fredrickson Lot 40, Block 80, Naples $245.00 32 2328 Mountain View Rd Park, Unit No. 6, according 33 Stafford, VA 22554 to the plat thereof recorded 34 at Plat Book 3, page 15, Public 35 Records of Collier County, 36 Florida. 37 38 REFERENCE: 39 80507-018 #62851680002 40 4] 42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 43 owners of the above described property, and if such owner fails to pay such assessment 44 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 45 official records of Collier County, to constitute a lien against such property according to 46 law, unless such direction is stayed by this Board upon appeal of the assessment of the 47 owner. 48 This Resolution adopted after motion, second and majority vote. 49 DATED: 50 5] ATTEST: BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 53 54 55 BY: 56 CHAIRMAN 57 58""~PPROVED AS TO FORM 65 CSce 11 - 1/1199 Po. r('~) BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Marlene & Casimiro Eguizabal 3354 SW 123=d Ave. Miami, FL 33175 REFERENCE 80508-047 #57867160000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 22, Block 341 of Marco Beach Unit TEN, according to Plat thereof, as recorded in Plat Book 6, at Pages 74-79, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 05/08/98, order the abatement of a certain nuisance exis~mng on ~he above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" . You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Governmen~ Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. AGE .~...~, IT M CLERK, BOARD OF COUNTY COMMISSIONERS .c ~ .~2-)V' CSce 9-1,/e3 JAN t 2 7999 RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91~47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]1 nuisances, including prescribed administrative cost incurred by the County, shall be assessed 12 against such property; and ]3 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and ]5 reported to the Board of County Commissioners, together with a description of said parcel; and 16 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]8 property against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 2] of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 29__ NAME: LEGAL DESCRIPTION: COST 3c 3 larlene & Casimiro, Eguizabal Lot 22, Block 341 of Marco $ 245.00 32 3354 SW 123rd Ave. Beach Unit TEN, according 33 Miami, FL 33175 to Plat thereof, as recorded 34 in Plat Book 6, at Pages 35 74-79,of the Public Records 36 of Collier County, Florida. 37 38 REFERENCE: 39 #80508-047 57867160000 40 4] 42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 43 owners of the above described property, and if such owner fails to pay such assessment 44 within thirty (30/ days hereof, a certified copy of this Resolution shall be recorded in the 45 official records cf Collier County, to constitute a lien against such property according to 46 law, unless such direction is stayed by this Board upon appeal of the assessment of the 47 owner. 48 This Resolution adopted after motion, second and majority vote. 49 DATED: 50 5] ATTEST: BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 53 54 55 BY: 56 CHAIRMAN 57 58-----APPROVED AS TO FORM 65 CSce 12 - 1/1/99 EXECUTIVE SUMMARY LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 60513-049/Sylvia S Miller, 70407-027/Richard M Mershad, 80313-065/Julia Koestel, 80324-012/Beulah Mae Coleman % Berthella Wilson & 80327-064/G J Byrne OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to recover public funds expended to effect the abatement of a public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION As required by Ordinance 91-47, a legal notice of assessment and copy of the Resolution will be mailed to the respective property owners, and the Clerk to the Board will record the resolution thirty days after mailing of the resolution. Case No. Owner of Record Case Summary Lien Amount 60513-049 Sylvia S Miller a. Violation determination 05/21/96 $ 245.00 b. Notice of Violation served 05/30/96 c. Verification of unabated nuisance 06/28/96 ~ d. Nuisance abated with public funds 07/01/96 e. Owner invoiced for costs 07/11/96 70407-027 Richard M Mershad a. Violation determination 04/09/97 845.00 b. Notice of Violation served 08/27/97 c. Verification of unabated nuisance 03/17/98 d. Nuisance abated with public funds 04/14/98 e. Owner invoiced for costs 04/17/98 80313-065 Julia Koestel a. Violation determination 03/12/98 245.00 b. Notice of Violation served 03/20/98 c. Verification of unabated nuisance 04/07/98 d. Nuisance abated with public funds 04/10/98 e. Owner invoiced for costs 04/21/98 80324-012 Beulah Mae Coleman a. Violation determination 03/23/98 1,090.00 % Berthella Wilson b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 04/14/98 d. Nuisance abated with public funds 06/19/98 e. Owner invoiced for costs 06/25/98 80327-064 G J Byrne a. Violation determination 03/25/98 295.00 b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 04/22/98 d. Nuisance abated with public funds 05/21/98 ,._, e. Owner invoiced for costs 05/29/9'I J/ N 12 1999 FISCAL IMPACT A total reimbursement of $ 2,720.00 may be anticipated by voluntary action or foreclosure. The only cost to be incurred by the County is the cost of recording the Lien, which is estimated to be approximately $ 35.00, and can be paid from Code Enforcement account # 111-138911. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Melg'dy lifidg~eman, Custodner Service Representative Code Enforcement REVIEWED BY: ~, ' DATE: C~ r ervice Agent e Enforcement REVIEWED BY: /~/~ L_-4/--- ,; DATE: /2,'-/. Michelle Edwards Arnold76ire~io~r Code Enforcement APPRg'VED BY: ,/- _Aif~,'~'/7~ DATE: "- Vincent A. Ca~ero, CP,'X~inistrator Communi~ Dev. & Environmental Svcs. CSce 8 - 6/91 JAN I 2 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Sylvia S Miller 1301 Delaware Ave SW Apt N-622 Washington, DC 20024 REFERENCE 60513-049 #57654880001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 22 Block 191 of Marco Beach Unit Seven a Subdivision according to the Plat thereof, recorded in Plat Book 6 Page 55-62 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 05/23/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien.on the property thirty (30) days after such assessment. You may requesE a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 JAN 12 1999 RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ~jBATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]] nuisances, including prescribed administrative cost incurred by the County, shall be assessed 12 against such property; and 13 ]4 WHERFj~S, the cost thereof to the County as to each parcel shall be calculated and ]5 reported to the Board of County Commissioners, together with a description of said parcel; and 16 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]8 property against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 21 of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST Sylvia S Miller Lot 22 Block 191 of Marco $245.00 D. 1301 Delaware Ave SW Beach Unit Seven a Subdivision 33 Apt N-622 according to the Plat thereof, 34 Washington, DC 20024 recorded in Plat Book 6 Page 35 55-62 of the Public Records 36 of Collier County, Florida. 37 38 REFERENCE: 39 60513-049 #57654880001 40 41 42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 43 owners of the above described property, and if such owner fails to pay such assessment 44 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 45 official records of Collier County, to constitute a lien against such property according to 46 law, unless such direction is stayed by this Board upon appeal of the assessment of the 47 owner. 48 This Resolution adopted after motion, second and majority vote. 49 DATED: 50 51 ATTEST: BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 53 54 55 BY: 56 CHAIRMAN 57 58 APPROVED AS TO FORM /"" AND LEGkL SUFFIgIENCY: 62~,~DAVID WEIGEL 63 COUNTY ATTORNEY 65 CSce 12 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Richard M Mershad 5682 Elmgee Dr Delaware, OH 43015 REFERENCE 70407-027 #57640920001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 18, Block 171, MARCO BEACH, UNIT NO. 7, a Subdivision according to the plat thereof, recorded in Plat Book 6, Pages 55 through 62, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 08/21/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Approx. 4 Brazilian Pepper Hedges & I Australian Pine Tree. You failed to aba~e such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 645.00 and administrative cost of $200.00 for a total of $ 845.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty i30) days after such assessmenz. You may reques~ a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty /30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 JAN 12 1999 RESOLUTION NO. 99- 5 A RESOLUTION OF THE BO/LRD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDA/qCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ]] including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and 13 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported ]5 to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ]8 against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 2] Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%} per 22 annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 3L_ Richard M Mershad Lot 18, Block 171, MARCO $845.00 5682 Elmgee Dr BEACH, UNIT NO. 7, a Delaware, OH 43015 Subdivision according to the a, plat thereof, recorded in 35 Plat Book 6, Pages 55 36 through 62, of the Public 37 Records of Collier County, 38 Florida. 39 40 REFERENCE: 41 70407-027 #57640920001 42 43 44 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 45 of the above described property, and if such owner fails to pay such assessment within thirty 46 (3o) days hereof, a certified copy of this Resolution shall be recorded in the official records 47 of Collier County, to constitute a lien against such property according to law, unless such 48 direction is stayed by this Board upon appeal of the assessment of the owner. 49 This Resolution adopted after motion, second and majority vote. 50 DATED: 52 ATTEST: BOARD OF COUNTY COMMISSIONERS 53 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 54 55 56 BY: 57 CHAIRMAN 58 59 APPROVED AS TO FORM COUNTY ATTORNEY 66 csce 11 - JAN 1 g 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Julia Koestel 1201 SE 43ru Terr Cape Coral, FL 33904 REFERENCE 80313-065 #35985280004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 13, Block 85, Unit 3, Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 102 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 03/13/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abaEed by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty i30} days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the Counzy under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CSce 9- /93 JAN 1 g 1999 RESOLUTION NO. 99- D A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ]1 including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and 13 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported 15 to the Board of County Commissioners, together with a description of said parcel; and 16 ]7 WHEREASr such assessment shall be a legal, valid and binding obligation upon the property ]8 against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 2] Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum On any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 3] Julia Koestel Lot 13, Block 85, Unit 3, $245.00 3/. 1201 SE 43rd Terr Part - GOLDEN GATE, according Cape Coral, FL 33904 to plat thereof recorded in Plat Book 5, Page 102 of the Public Records of Collier 36 County, Florida. 37 38 39 40 REFERENCE: 41 80313-065 #35985280004 42 43 44 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 45 of the above described property, and if such owner fails to pay such assessment within thirty 46 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 47 of Collier County, to constitute a l~en against such property according to law, unless such 48 direction is stayed by this Board upon appeal of the assessment of the owner. 49 This Resolution adopted after motion, second and majority vote. 50 DATED: 5] 52 ATTEST: BOARD OF COUNTY COMMISSIONERS 53 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 54 55 56 BY: 57 CHAIRMAN 58 59 APPROVED AS TO FORM 60 AND LEGAL SUFFICIENCY: 61 [ ' ' N COUNTY ATTORNEY eo CSce - /1/99 JAN 1 g 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Beulah Mae Coleman % Berthella Wilson 217 -2nd St Immokalee, FL 34142 REFERENCE 80324-012 #25630800008 LIEN NUMBER: LEGAL DESCRIPTION: LOT Thirteen (13) in BLOCK Eight (8) of the CARSONADDITION in Immokalee, Florida; a subdivision duly recorded in the Office of the Clerk of the Circuit Court, in and for Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the ProperTy Appraiser, are hereby advised that the Compliance Services Manager, did on 03/24/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Paper, plastic, rags, mattresses, glass, bottles, wood cages, etc scattered on property. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 890.00 and administrative cost of $200.00 for a total of $ 1,090.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSee 9-1/93 JAN 1 g 1999 RESOLUTION NO. 99- 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, 1] including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and 13 14 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported 15 to the Board of County Commissioners, together with a description of said parcel; and 16 17 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ]8 against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 21 Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum on any unpaid portion thereof. 23 24 NOw, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 31 Beulah Mae Coleman LOT Thirteen (13) in BLOCK $1,090.00 ~ % Berthella Wilson Eight (8) of the CARSON 217 -2nd St ADDITION in Immokalee, Florida; Immokalee, FL 34142 a subdivision duly recorded 33 in the Office of the Clerk 36 of the Circuit Court, in and 37 for Collier County, Florida. 38 39 REFERENCE: 40 80324-012 #25630800008 4] 42 43 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 44 of the above described property, and if such owner fails to pay such assessment within thirty 45 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 46 of Collier County, to constitute a lien against such property according to law, unless such 47 direction is stayed by this Board upon appeal of the assessment of the owner. 48 This Resolution adopted after motion, second and majority vote. 49 DATED: 50 51 ATTEST: BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 53 54 55 BY: 56 CHAIRMAN 57 58 APPROVED AS TO FORM Y '~ 'COUNTY ATTORNEY , ~ csce n - ~/,/99 JAN I g 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: G J Byrne PO Box 958 Pocono Pines, PA 18350 REFERENCE 80327-064 ~59082600000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 27, Block 4, MARCO HIGHLAND SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 72 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 03/30/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18". Also, dead tree which has fallen to S.W. corner of lot, logs, twigs & branches. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 95.00 and administrative cost of $200.00 for a total of $ 295.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before Ehe Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Gov~!rnment Center, Naples, Florida 34112 in writing within thirty {30) days from the date of ' this assessment to be valid. cLERK, BOARD OF COUNTY COMMiSSIONErS, JAN 12 1999 CSce 9- 1/93 1 ~""' RESOLUTION NO. 99- 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]1 nuisances, including prescribed administrative cost incurred by the County, shall be assessed ]2 against such property; and ]3 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and ]5 reported to the Board of County Commissioners, together with a description of said parcel; and ]6 17 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 18 property against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 2] of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 29 NA/~E: LEGAL DESCRIPTION: COST G J Byrne Lot 27, Block 4, MARCO HIGHLAND $295.00 PO Box 958 SUBDIVISION, according to the 33 Pocono Pines, PA 18350 Plat thereof, recorded in Plat 34 Book 3, Page 72 of the Public 35 Records of Collier County, Florida. 36 37 REFERENCE: 38 80327-064 #59082600000 39 40 4] The Clerk of the Board shall mail a notice of assessment of lien to the owner or 42 owners of the above described property, and if such owner fails to pay such assessment 43 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 44 official records of Collier County, to constitute a lien against such property according to 45 law, unless such direction is stayed by this Board upon appeal of the assessment of the 46 owner. 47 This Resolution adopted after motion, second and majority vote. 48 DATED: 49 50 ATTEST: BOARD OF COUNTY COMMISSIONERS 5] DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 52 53 54 BY: 55 CHAIRMAN 56 57 APPROVED AS TO FORM AND EGAL SUFF.~CI[~NCY , ;.t C 62 ~ COUNTY ATTORNEY 63 64 CSce - 1/1/99 JAN 1 1999 EXECUTIVE SUMMARY LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 80604-017/Etzer Lalanne, 80604-018/Daniel vonRabenaa, Trustee & Talcott Communication Corp. Pension Plan & Trust, 80605-021/Louis & LoreIra Cambruzzi, 80608- 032/Dominguez Estate, Julio & John R Dominguez P/R & 80608-068/Noel M Wiiliams OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION As required by Ordinance 91-47, a Legal Notice of Assessment and copy of the Resolution will be mailed to the respective property owners, and the Clerk to the Board will record the resolution thirty days after mailing of the resolution. CaseNo. Owner of Record Case Summary Lien Amount 80604-017 Etzer Lalanne a. Violation determination 06/03/98 $ 245.00 b. Notice of Violation served 06/09/98 c. Verification of unabated nuisance 06/30/98 d. Nuisance abated with public funds 07/16/98 e. Owner invoiced for costs 07/24/98 80604-018 Daniel vonRabenaa, a. Violation determination 06/03/98 245.00 Trustee & Talcott b. Notice of Violation served 06/09/98 Communication c. Verification of unabated nuisance 07/01/98 Corp. Pension Plan & d. Nuisance abated with public funds 07/14/98 Trust e. Owner invoiced for costs 07/24/98 80605-021 Louis & Loretta a. Violation determination 06/04/98 245.00 Cambruzzi b. Notice of Violation served 06/11/98 c. Verification of unabated nuisance 07/13/98 d. Nuisance abated with public funds 07/15/98 e. Owner invoiced for costs 07/24/98 80608-032 Dominguez Estate, a. Violation determination 06/05/98 245.00 Julio &John R b. Notice of Violation served 06/24/98 Dominguez P/R c. Verification of unabated nuisance 07/06/98 d. Nuisance abated with public funds 07/10/98 e. Owner invoiced for costs 07/17/98 80608-068 Noel M Williams a. Violation determination 06/11/98 245.00 b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 07/10/98 N,G~ T v I d. Nuisance abated with public funds 07/15/98 ° ~ .. e. Owner invoiced for costs 07/24/98 ~P~.~ / FISCAL IMPACT A total reimbursement of $ 1,225.00 may be anticipated by voluntary action or foreclosure. The only cost to be incurred by the County is the cost of recording the Lien, which is estimated to be approximately $ 35.00, and can be paid from Code Enforcement account # 111-138911. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Melody Bridgem~, Customer~e~ice Representative Code Enbrcement REVIEWED BY: REVIEWED BY: //~/ff~ c.---..--~ DATE: Miehelle Edwards Arnold, Director Code Enforcement APPROVED BY: ~ff~'/~~ DATE: Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Svcs. CSce 8 - 6/91 JAN 12 1999 BOARD OF COUNTY COb~4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Etzer Lalanne PO Box 1165 Immokalee, FL 34143 REFERENCE 80604-017 #74030920005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7, Block 2, South Immokalee Heights, as recorded in Plat Book 3, Page 29, Public Records of Collier County, Florida. You, as the owner of the properly above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/4/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by ResoluLion of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from zhe date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS ~e~ CSce 9-1/9S JAN i 2 1999 RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]l nuisances, including prescribed administrative cost incurred by the County, shall be assessed ]2 against such property; and 13 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and ]5 reported to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 18 property against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 2] of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 29,___ NAME: LEGAL DESCRIPTION: COST 3C 3, .tzer Lalanne Lot 7, Block 2, South Immokalee $245.00 32 PO Box 1165 Heights, as recorded in Plat 33 Immokalee, FL 34143 Book 3, Page 29, Public Records 34 of Collier County, Florida. 35 36 37 REFERENCE: 38 80604-017 #74030920005 39 40 4] The Clerk of the Board shall mail a notice of assessment of lien to the owner or 42 owners of the above described property, and if such owner fails to pay such assessment 43 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 44 official records of Collier County, to constitute a lien against such property according to 45 law, unless such direction is stayed by this Board upon appeal of the assessment of the 46 owner. 47 This Resolution adopted after motion, second and majority vote. 48 DATED: 49 50 ATTEST: BOARD OF COUNTY COMMISSIONERS 5] DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 52 53 54 BY: 55 CHAIRMAN 56 57 APPROVED AS TO FORM 58,,..AND EGAL SUFF CIE CY: 64 CSce 11 - 1/1/99 BOARD OF COUNTY COb~4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Daniel vonRabenaa, Trustee Talcott Communication Corp. Pension Plan & Trust UTD 11/30/77 20 N Wacker Dr. STE. 1865 Chicago, IL 60606 REFERENCE 80604-018 #48072640007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 70, GULF HARBOR, according to the Plat thereof, recorded in Plat Book 4, Page 31, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did cn 6/4/98, order the abatement of a certain nuisance existing on the above proper~y prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funCs at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before ~he Board of County Conunissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the dane of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS N / CSce 9- m/gS JAN 12 1999 RESOLUTION NO. 99- 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISA/~CE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 ]| WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ]2 including prescribed administrative cost incurred by the County, shall be assessed against such ]3 property; and ]5 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported |6 to the Board of County Commissioners, together with a description of said parcel; and ]7 ]8 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ]9 against which made until paid; and 20 2| WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 22 Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 23 annum on any unpaid portion thereof. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 26 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 27 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 28 of such abatement, to wit: 29 30 NAME: LEGAL DESCRIPTION: COST 3]---- 3' aniel vonRabenaa, Trustee Lot 70, GULF HAREOR, $ 245.00 3_ falcott Communication Corp., according to the Plat thereof, 34 Pension Plan & Trust recorded in Plat Book 4, 35 UTD 11/30/77 Page 31, of the Public Records 36 20 N Wacker Dr. Ste. 1865 of Collier County, Florida 37 Chicago, IL 60606 38 39 40 REFERENCE: 4] 80604-018 #48072640007 42 43 44 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 45 of the above described property, and if such owner fails to pay such assessment within thirty 46 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 47 of Collier County, to constitute a lien against such property according to law, unless such 48 direction is stayed by this Board upon appeal of the assessment of the owner. 49 This Resolution adopted after motion, second and majority vote. 50 DATED: 5] 52 ATTEST: BO~hRD OF COUNTY COMMISSIONERS 53 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 54 55 56 BY: 57 C~AIRMAN 59 APPROVED AS TO FORM SUF ICI C , co TY ATTOm EY 65 66 cSce 11 - :/:/99 JAN 1 Z 1999 BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Louis & Loretta Cambruzzi 3655 Goose Lake Rd. Morris, IL 60450 REFERENCE 80605-021 #62156680008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10, Block 10, of NAPLES MANOR ANNEX, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida. PB 1, Page 110 You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/5/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such cosEs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 JAN 12 1999 i RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUIS;uNCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain 1] nuisances, including prescribed administrative cost incurred by the County, shall be assessed 12 against such property; and 13 14 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 15 reported to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]8 property against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 2] of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 29~-- NAME: LEGAL DESCRIPTION: COST 3r 3! ~ouis & Loretta Lot 10, Block 10, of $ 245.00 32 Cambruzzi NAPLES MANOR ANNEX, according 33 3655 Goose Lake Rd. to the plat thereof, on file and 34 Morris, IL 60450 recorded in the Public Records 35 of Collier County, Florida. PB1, 36 Page 110. 37 38 REFERENCE: 39 80605-021 #62156680008 40 4] The Clerk of the Board shall mail a notice of assessment of lien to the owner or 42 owners of the above described property, and if such owner fails to pay such assessment 43 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 44 official records of Collier County, to constitute a lien against such property according to 45 law, unless such direction is stayed by this Board upon appeal of the assessment of the 46 owner. 47 T!~is Resolution adopted after motion, second and majority vote. 48 DATED: 49 50 ATTEST: BOARD OF COUNTY COMMISSIONERS 51 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 52 53 54 BY: 55 CHAIRMAN 56 57 APPROVED AS TO FORM 5Fv-'---AND ~GAL SUFFi;IENC/;: ~ 62 COUNTY ATTORNEY 63 csce 11 - 1/ /99 JAN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Dominguez Estate, Jullo John R Dominguez P/R 74 Ashley St Bridgeport, CT 06610 REFERENCE 80608-032 #36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5, Part - GOLDEN GATE according to plat thereof recorded in Plat Book 5 Page 122 of the Public Records of Collier County, Florida. You, as the owner of Lhe property above described, as recorded in the records maintaineO by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/8/98, order Lhe abatement of a certain nuisance existing on ~he above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to aba~e such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such cosEs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty I301 days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty {30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- JAN 1 g 1999 2 RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISA/qCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain l] nuisances, including prescribed administrative cost incurred by the County, shall be assessed ]2 against such property; and ]3 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 15 reported to the Board of County Commissioners, together with a description of said parcel; and ]6 17 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]8 property against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 2] of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 2 N}24E: LEGAL DESCRIPTION: COST 30 31 Dominguez Estate, Julio Lot 8, Block 175, Unit 5, $245.00 32 John R Dominguez P/R Part - GOLDEN GATE according 33 74 Ashley St to plat thereof recorded 34 Bridgeport, CT 06610 in Plat Book 5 Page 122 35 of the Public Records of 36 Collier County, Florida. 37 38 REFERENCE: 39 80608-032 #36247840000 40 4] 42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 43 owners of the above described property, and if such owner fails to pay such assessment 44 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 45 official records of Collier County, to constitute a lien against such property according to 46 law, unless such direction is stayed by this Board upon appeal of the assessment of the 47 owner. 48 This Resolution adopted after motion, second and majority vote. 49 DATED: 50 5] ATTEST: BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 53 54 55 BY: 56 CHAIRMAN 57~-- 5 .PPROVED AS TO FORM ~UND EGkL SUFFICIENCY. 63c COUNTY ATTORNEY 64 JAN I 2 1999 65 Csce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Noel M Williams PO Box 792 Boaz, AL 35957-0792 REFERENCE 80608-068 #62713760002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5, Block 54, of NAPLES PARK SUBDIVISION UNIT NO. 4, according to the plat thereof, recorded in Plat Book 3, at Page 7, of the Public Records of Collier County, Florida. You, as Ehe owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/12/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed Eo abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cos~ of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may requesL a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for he~ring must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty /30) days from the date of this assessment to be valid. cLERk, BOAR OF COUNTY COHHZSSZO E S CSce 9-1/93 JAN 1 g 1999 ~ RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 ]1 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ]2 including prescribed administrative cost incurred by the County, shall be assessed against such ]3 property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported 16 to the Board of County Commissioners, together with a description of said parcel; and ]7 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property 19 against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 22 Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 23 annum on any unpaid portion thereof. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 26 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 27 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 28 Of such abatement, to wit: 29 30 NAME: LEGAL DESCRIPTION: COST 3l--- 3 oel M Willjams Lot 5, Block 54, of NAPLES PARK $ 245.00 33 PO Box 792 SUBDIVISION UNIT NO. 4, according 34 Gallant, AL 35957 to the plat thereof, recorded in 35 Plat Book 3, at Page 7, of the 36 Public Records of Collier County, 37 Florida. 38 39 40 REFERENCE: 4] 80608-068 #62713760002 42 43 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 44 Of the above described property, and if such owner fails to pay such assessment within thirty 45 (30} days hereof, a certified copy of this Resolution shall be recorded in the official records 46 of Collier County, to constitute a lien against such property according to law, unless such 47 direction is stayed by this Board upon appeal of the assessment of the owner. 48 This Resolution adopted after motion, second and majority vote. 49 DATED: 50 51 ATTEST: BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 53 54 55 BY: 56 CHAIRMAN 57 58 APPROVED AS TO FORM AND EGAL SUFFI IEN Y- 6~'''' '~Io ~E~GEL ' 6 ;OUNTY ATTORNEY "" 65 csce ~ - ~/~/99 JAN 12 1999 PG. ~ EXECUTIVE SUMMARY LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 80511-011/Mabel M & Victor Charles Albrecht, 80609-105/Thomas & Lorraine Sanzalone, 80615- 017/Sunbrella Homes Inc., 80615-022/Sunbrella Homes Inc. & 80615-023/Sunbre!la Homes Inc. OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION As required by Ordinance 91-47, a Legal Notice of Assessment and copy of the Resolution will be mailed to the respective property owners, and the Clerk to the Board will record the resolution thirty days after mailing of the resolution. Case No. Owner of Record Case Summary Lien Amount 80511-011 Mabel M & Victor a. Violation determination 05/20/98 $ 380.00 Charles Albrecht b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 07/10/98 d. Nuisance abated with public funds 08/04/98 e. Owner invoiced for costs 08/07/98 80609-105 Thomas &Lorraine a. Violation determination 06/09/98 245.00 Sanzalone b. Notice of Violation served 06/11/98 c. Verification of unabated nuisance 07/08/98 d. Nuisance abated with public funds 07/15/98 e. Owner invoiced for costs 07/24/98 80615-017 Sunbrella Homes Inc. a. Violation determination 06/12/98 245.00 b. Notice of Violation served 06/17/98 c. Verification of unabated nuisance 07/06/98 d. Nuisance abated with public funds 07/13/98 e. Owner invoiced for costs 07/17/98 80615-022 Sunbrella Homes Inc. a. Violation determination 06/12/98 245.00 b. Notice of Violation served 06/17/98 c. Verification of unabated nuisance 07/06/98 d. Nuisance abated with public funds 07/13/98 e. Owner invoiced for costs 07/17/98 80615-023 Sunbrella Homes Inc. a. Violation determination 06/12/98 245.00 b. Notice of Violation served 06/17/98 c. Verification of unabated nuisance 07/06/98 d. Nuisance abated with public funds 07/13/98 ~oG~,,~Ad,~"/., . e. Owner invoiced for costs 07/17/98 JAN 12 1999 F>q. / _ FISCAL IMPACT A total reimbursement of $ 1,360.00 may be anticipated by voluntary action or "" foreclosure. The only cost to be incurred by the County is the cost of recording the Lien, which is estimated to be approximately $ 35.00, and can be paid from Code Enforcement account # 111-138911. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: MelOdy Bridge~nan, CuStomer Sen, ice Representative Code Enforcement REVIEWED BY: REVIEWED BY: ich~eC!le~E~d~ DATE: /Z -/o' .~ ~5 M or Code Enforcement APPROVED BY: d~ /,,Z_--~-,-~-~"'~'~" DATE: Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Svcs. CSce 8 - 6/91 JAN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Mabel M & Victor Charles A_lbrecht 7719 Eagles Head Ct. Park Overlook Rockville, MD 20855 REFERENCE #80511-011 #24880480004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 12, Block D, BROOKSIDE UNIT #2, Subdivision as recorded in Plat Book 4 at Page 83 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/16/97, order the abatement of a certain nuisance exiszing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18". Pieces of concrete, tire, plastic, paper, shoes, cabbage palm debris, rotted grapefruit etc... You failed to abate such nuisance; whereupon, it was abazed by the expenditure of public funds at a direct cost of $ 180.00 and administrative cost of $200.00 for a total of $ 380.00. Such costs, by Resolution of the Board of Counzy Commissioners of Collier County, Florida, have been assessed against. the above proper~y on and shall become a lien on the property thirty /30/ days after sxch assessment. You may request a hearing before the Board cf County Commissioners tc show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the properzy. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty i30) days from the date of this assessment to be valid. ~ ,~'~ CLERK, BOARD OF COUNTY COMMISSIONERS csce 9- 1/9 RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 ]| WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]2 nuisances, including prescribed administrative cost incurred by the County, shall be assessed |3 against such property; and ]4 |5 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and ]6 reported to the Board of County Commissioners, together with a description of said parcel; and ]7 |g WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]9 property against which made until paid; and 20 2] WHEREAS, the assessment shall become due and payable thirty {30) days after the mailing 22 of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 23 per annum on any unpaid portion thereof. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 26 FLORIDA, that the property described as follows, and having been abated of a public nuisance 27 after due and proper notice thereof to the owner of said property, is hereby assessed the 2g following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Mabel M. & Victor Lot 12, Block D, BROOKSIDE $ 380.00 3~ Charles Albrecht UNIT #2, Subdivision as recorded 33 7719 Eagles Head Ct. in Plat Book 4 at Page 83 of 34 Park Overlook the Public Records of Collier 35 Rockville, MI) 20855 County, Florida. 36 37 REFERENCE: 38 #80511-011 24880480004 39 40 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 4] owners of the above described property, and if such owner fails to pay such assessment 42 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 43 official records of Collier County, to constitute a lien against such property according to 44 law, unless such direction is stayed by this Board upon appeal of the assessment of the 45 owner. 46 This Resolution adopted after motion, second and majority vote. 47 DATED: 49 ATTEST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 51 52 53 BY: 54 CHAIRM3~N 55 56 APPROVED AS TO FORM ,~DXVID WEIGEL 6] ~ COUNTY ATTORNEY 62 63 CSce ~1 - 1/i/9~ JAN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT' OF LIEN DATE: Thomas & Lorraine Sanzalone 18297 Grace Ave. PT Charlotte, FL 33948 REFERENCE 80609-105 #62256800005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5, Block 8, NAPLES MANOR LAKES according to the Plat thereof on file and recorded in the Public Records of Collier County, Florida. PB 3, Pages 86 and 87. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" (2'). You failed to abate such nuisance; whereupon, it was abaned by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30). days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such reauest for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessmenl to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS N0.~ csce 9- ~/93 JAN 1 ~ 1999 RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF · 7 THE ABATEMENT OF PUBLIC NUIS~UqCE, IN ACCORDANCE 8 WITH ORDINi~NCE 91-47. 9 10 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain l] nuisances, including prescribed administrative cost incurred by the County, shall be assessed 12 against such property; and 13 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and ]5 reported to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]8 property against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 2] of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BO~jRD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 2-q-. NA~4E: LEGAL DESCRIPTION: COST Thomas & Lorraine Sanzalone Lot 5, Block 8, NAPLES bt~NOR $245.00 32 18297 Grace Ave. LAKES according to the Plat 33 PT Charlotte, FL 33948 thereof on file and recorded 34 in the Public Records of Collier 35 County, Florida. PB 3, Pages 36 86 and 87. 37 38 REFERENCE: 39 800609-105 #62256800005 40 4] The Clerk of the Board shall mail a notice of assessment of lien to the owner or 42 owners of the above described property, and if such owner fails to pay such assessment 43 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 44 official records of Collier County, to constitute a lien against such property according to 45 law, unless such direction is stayed by this Board upon appeal of the assessment of the 46 o~rner. 47 This Resolution adopted after motion, second and majority vote. 48 DATED: 49 50 ATTEST: BOARD OF COUNTY COMMISSIONERS 51 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 52 53 54 BY: 55 CHAIRMA/q 56 57 APPROVED AS TO FORM 63 64 CSce 11 - 1/1/99 I 2 RESOLUTION NO. 98- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]] WHEREAS, as provided in Ordinanc~ 91-47, the direct costs of abatement of certain ]2 nuisances, including prescribed administrative cost incurred by the County, shall be assessed ~3 against such property; and 14 ]5 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and ]6 reported to the Board of County Commissioners, together with a description of said parcel; and ]8 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]9 property against which made until paid; and 20 2] WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 22 of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 23 per annum on any unpaid portion thereof. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 26 FLORIDA. that the property described as follows, and having been abated of a public nuisance 27 after due and proper notice thereof to the owner of said property, is hereby assessed the 28 following costs of such abatement, to wit: 29 30 NAME: LEGAL DESCRIPTION: COST 31 Sunbrella Homes Inc. Lot 4, Block 158 of $ 245.00 32 9085 Winterview Dr. Unit 4, Part 1, Golden Gate, 33 Naples, FL 34109 according to the Plat thereof 34 as recorded in Plat Book 9, 35 Pages 121-i. ~ of the Public 36 Records of Collier County, Florida. 37 REFERENCE: 38 80615-017 #36180480006 39 40 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 4] owners of the above described property, and if such owner fails to pay such assessment 42 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 43 official records of Collier County, to constitute a lien against such property according to 44 law, unless such direction is stayed by this Board upon appeal of the assessment of the 45 owner. 46 This Resolution adopted after motion, second and majority vote. 47 DATED: 48 49 ATTEST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 5] 52 53 BY: 54 BARBAP. A B. BERRY, CHAIRMAN 55 56 APPROVED AS TO FORM 57 ANDj~,EGAL S~.~FICIENCY: 62 63 CSce ~1 - 1/98 JAN 12 1999 RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 ]1 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]2 nuisances, including prescribed administrative cost incurred by the County, shall be assessed ]3 against such property; and ]4 ]5 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and ]6 reported to the Board of County Commissioners, together with a description of said parcel; and ]7 ]8 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]9 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 22 of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 23 per annum on any unpaid portion thereof. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 26 FLORIDA, that the property described as follows, and having been abated of a public nuisance 27 after due and proper notice thereof to the owner of said property, is hereby assessed the 28 following costs of such abatement, to wit: 29 NAME: LEGAL DESCRIPTION: COST Sunbrella Homes Inc. Lot 4, Block 158 of $ 245.00 j~ 9085 Winterview Dr. Unit 4, Part 1, Golden Gate, 33 Naples, FL 34109 according to the Plat thereof 34 as recorded in Plat Book 9, 35 Pages 121-124, of the Public 36 Records of Collier County, Florida. 37 REFERENCE: 38 80615-017 #36180480006 39 40 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 41 owners of the above described property, and if such owner fails to pay such assessment 42 withmn thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 43 official records of Collier County, to constitute a lien against such property according to 44 law, unless such direction is stayed by this Board upon appeal of the assessment of the 45 owner. 46 This Resolution adopted after motion, second and majority vote. 47 DATED: 48 49 ATTEST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 5] 52 53 BY: 54 CHAIRNLA/q 55 56 APPROVED AS TO FORM :-~A~D WEASEL COUNTY ATTORNEY 62 63 CSce lz - 1/1199 JAN 1 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Sunbrella Homes Inc. 9085 Winterview Dr. Naples, FL 34109 REFERENCE 80615-022 #36180400002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 2, Block 158 of Unit 4, Part 1, Golden Gate, according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Hanager, did on 6/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the prDperty thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from The date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS % CSce 9- 1/93 JAN 1 g 1999 RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 1] WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain 12 nuisances, including prescribed administrative cost incurred by the County, shall be assessed ]3 against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 2] WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 22 of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 23 per annum on any unpaid portion thereof. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 26 FLORIDA, that the property described as follows, and having been abated of a public nuisance 27 after due and proper notice thereof to the owner of said property, is hereby assessed the 28 following costs of such abatement, to wit: 29 I~ NAME: LEGAL DESCRIPTION: COST Sunbrella Homes Inc. Lot 2, Block 158 of $ 245.00 ~, 9085 Winterview Dr. Unit 4, Part 1, Golden Gate, 33 Naples, FL 34109 according to the Plat thereof 34 as recorded in Plat Book 9, 35 Pages 121-124, of the Public 36 Records of Collier County, Florida. 37 REFERENCE: 38 80615-022 #36180400002 39 40 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 4] owners of the above described property, and if such owner fails to pay such assessment 42 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 43 official records of Collier County, to constitute a lien against such property according to 44 law, unless such direction is stayed by this Board upon appeal of the assessment of the 45 owner. 46 This Resolution adopted after motion, second and majority vote. 47 DATED: 48 49 ATTEST: PT:r7 OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 52 53 BY: 54 CHAIRMAN 55 56 APPROVED AS TO FORM AND EGAL SUFFLCIENCY; 58 '.<. , ,,' .. DAVID WEIGEL 62 63 CSce 11 - 1/1/99 -JAN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT-OF LIEN DATE: Sunbrella Homes Inc. 9085 Winterview Dr. Naples, FL 34109 REFERENCE 80615-023 #36180440004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Block 158 of Unit 4, Part 1, Golden Gate, according to the Plat thereof as recorded in Plat Book 9, Pages 121-124, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Propert~~ :.. :aiser, are hereby advised that the Compliance Services Manager, did on 6/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.0'7 ' ! administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution _. = Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the properzy thirty (30) days after such assessment. You may request a hearing before nhe Beard of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must ~e made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in wriEing within thirty (30) days from the date of this assessment to be valid. CSce 9- 1/93 CLERK, BOARD OF COUNTY COMMISSIONERS JAN 1 RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF '7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 ]l WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]2 nuisances, including prescribed administrative cost incurred by the County, shall be assessed ]3 against such property; and 14 A5 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and ]7 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]9 property against which made until paid; and 20 2] WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 22 of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 23 per annum on any unpaid portion thereof. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 26 FLORIDA, that the property described as follows, and having been abated of a public nuisance 27 after due and proper notice thereof to the owner of said property, is hereby assessed the 28 following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Sunbrella Homes Inc. Lot 3, Block 158 of $ 245.00 32 9085 Winterview Dr. Unit 4, Part 1, Golden Gate, 33 Naples, FL 34109 according to the Plat thereof 34 as recorded in Plat Book 9, 35 Pages 121-124, of the Public 36 Records of Collier County, Florida. 37 REFERENCE: 38 80615-023 #36180440004 39 40 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 4] owners of the above described property, and if such owner fails to pay such assessment 42 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 43 official records of Collier County, to constitute a lien against such property according to 44 law, unless such direction is stayed by this Board upon appeal of the assessment of the 45 owner. 46 This Resolution adopted after motion, second and majority vote. 47 DATED: 48 49 ATTEST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 5] 52 53 BY: 54 CHAIRMAN 55 56 APPROVED AS TO FORM ,;~DAVID WEIGEL ~][% COUNTY ATTORNEY 62 JAN 12 1999 63 CSce 11 - 1/1/99 EXECUTIVE SUMMARY LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 80514-018/Henry Crawford, 80514-033/Stratis & Antigone Koulouris, 80515-027/Jennifer S Brandon, & 80601-088/E B Bassichis OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION As required by Ordinance 91-47, a Legal Notice of Assessment and copy of the Resolution will be mailed to the respective property owners, and the Clerk to the Board will record the resolution thirty days after mailing of the resolution. Case No. Owner of Record Case Summary Lien Amount 80514-018 Henry Crawford, a. Violation determination 05/13/98 $ 245.00 b. Notice of Violation served Undeliverable /"- c. Verification of unabated nuisance 06/03/98 d. Nuisance abated with public funds 06/08/98 e. Owner invoiced for costs 07/10/98 80514-033 Stratis & Antigone a. Violation determination 05/13/98 245.00 Koulouris b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 06/16/98 d. Nuisance abated with public funds 06/22/98 e. Owner invoiced for costs 07/10/98 80515-027 Jennifer S Brandon a. Violation determination 05/14/98' 390.00 b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 06/09/98 d. Nuisance abated with public funds 06/30/98 e. Owner invoiced for costs 07/01/98 80601-088 E B Bassichis a. Violation determination 06/03/98 245.00 b. Notice of Violation served 06/08/98 c. Verification of unabated nuisance 06/30/98 d. Nuisance abated with public funds 07/07/98 e. Owner invoiced for costs 07/10/98 FISCAL IMPACT A total reimbursement of $ 1,125.00 may be anticipated by voluntary action or foreclosure. The only cost to be incurred by the County is the cost of recording the_Lien, which is estimated to be approximately $ 35.00, and can be paid from Code Enforcemem~G~ account # 111-138911. JAN 12 1999 GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: ) Me!~'dy Bridg~nian, Cus~mer' Se~ice Representative Code Enforcement REVIEWED BY: REVIEWED BY: (~/~ ~J,2_~ _~ DATE: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: / ~/' ~ DATE:/C:~ -"C~,~ "9 2 Vincent A. Cautero, AICP, Administrator Community Dev. & Environmental Svcs. CSce 8 - 6/91 - JAN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Henry Crawford 5430 Martin St Naples, FL 34113 REFERENCE 80514-018 #62101760009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Block 13, NAPLES MANOR ADDITION, according to the Plat Book thereof, on file and recorded in the Public Records of Collier County, Florida, PB 3 Pages 67 and 68. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/14/98, order the abatement cf a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funas at a direcL cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County CoF~issioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS ~ N~~/j CSce 9-1/93 t JAN RESOLLTTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ]] including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and ]3 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported ]5 to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ]8 against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 21 Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum On any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 3~""Henry Crawford Lot 9, Block 13, NAPLES $245.00 3 430 Martin St MANOR ADDITION, according to 33 Naples, FL 34113 t he Plat Book thereof, on file 34 and recorded in the Public Records 35 of Collier County, Florida, 36 PB 3 Pages 67 and 68. 37 38 39 40 REFERENCE: 4] 80514-018 #62101760009 42 43 44 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 45 of the above described property, and if such owner fails to pay such assessment within thirty 46 (3O) days hereof, a certified copy of this Resolution shall be recorded in the official records 47 of Collier County, to constitute a lien against such property according to law, unless such 48 direction is stayed by this Board upon appeal of the assessment of the owner. 49 This Resolution adopted after motion, second and majority vote. 50 DATED: 5] 52 ATTEST: BOARD OF COUNTY COMMISSIONERS 53 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 54 55 56 BY: 57 CHAIRMAN 58 59 APPROVED AS TO FORM 61 ( ~ D W~iGEL oUNT ATTO E .C TY Y/ 65 66 csce ll - 1/1/99 JAN 1 Z 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Stratis & Antigone Koulouris 3748 Wisconsin Ave Berwyn, IL 30402 REFERENCE 80514-033 #57748480003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5, Block 296, MARCO BEACH UNIT EIGHT, a subdivision according to the plat thereof as recorded in Plat Book 6, pages 63-68, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/14/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed ~o abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the properZy thirty (30) days after such assessment. You may requesz a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty I301 days from the date of this assessment to be valid. CLERH, BOARD OF COUNTY COMMISSIONERS N~e~[~ CSce 9- 1/93 JAN 1 g 1999 ~Pg. C'~~ RESOLLTTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ]| including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and ]3 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported ]5 to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property 18 against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 2] Notice of Assessmenz after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, tc wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 3]~"'Stratls & Antigone Koulouris Lot 5, Block 296, MARCO $245.00 3 ~748 Wisconsin Ave BEACH UNIT EIGHT, a 3~ Berwyn, IL 30402 subdivision according to the 34 plat thereof as recorded in 35 Plat Book 6, pages 63-68, of 36 the Public Records of Collier 37 County, Florida. 38 39 40 4] REFERENCE: 42 80514-033 #57748480003 43 44 45 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 46 of the above described property, and if such owner fails to pay such assessment within thirty 47 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 4g of Collier County, to constitute a lien against such property according to law, unless such 49 direction is stayed by ~his Board upon appeal of the assessment of the owner. 50 This Resolution adopted after motion, second and majority vote. 5] DATED: 52 53 ATTEST: BOARD OF COUNTY COMMISSIONERS 54 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 55 56 57 BY: 58 CHAIRMAN 59 60 APPROVED AS TO FORM 65 P COUNTY ATTORNEY 66 67 csce - JAN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Jennifer S Brandon 791-98th Ave N Naples, FL 34108 REFERENCE 80515-027 #62777640003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Block 66, NAPLES PARK, UNIT 5, according to the Plat thereof, recorded in Plat Book 3, at page 14, of the Public Records of Collier County, Florida. You, as =he owner of the property above described, as recorded in the records maintained by the office of the Proper=y Appraiser, are hereby advised that the Compliance Services Manager, did on 5/15/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 9!-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18", Front & rear, tree branches, palm fronds, cut wood, downed tree, paper, plastic etc.. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 190.00 and administrative cost of $200.00 for a total of $ 390.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS ~ CSee 9- /93 JAN 1 1999 RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BO~_RD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]1 nuisances, including prescribed administrative cost incurred by the County, shall be assessed ]2 against such property; and 13 14 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and ]5 reported to the Board of County Commissioners, together with a description of said parcel; and 16 17 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 18 property against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 21 of Notlce of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum cn any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 3c- 3 lennifer S Brandon Lot 3, Block 66, NAPLES PARK, $390.00 32 791-98th Ave N UNIT 5, according to the Plat 33 Naples, FL 34108 thereof, recorded in Plat Book 34 3, at page 14, of the Public 35 Records of Collier County, Florida. 36 37 REFERENCE: 38 80515-027 #62777640003 39 40 4] The Clerk of the Board shall mail a notice of assessment of lien to the owner or 42 owners of the above described property, and if such ow~ner fails to pay such assessment 43 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 44 official records of Co!lier County, to constitute a lien against such property according to 45 law, unless such direction is stayed by this Board upon appeal of the assessment of the 46 owner. 47 This Resolution adopted after motion, second and majority vote. 48 DATED: 49 50 ATTEST: BOARD OF COUNTY COMMISSIONERS 51 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 52 53 54 BY: 55 CHAIRMAN 56 57 APPROVED AS TO FORM 6]~.--~A~ID WEISEL 62 Co~TY ATTO~EY JAN 12 1999 63 64 CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: E B Bassichis 535 Trotwood Ridge Dr Pittsburgh, PA 15241 REFERENCE 80601-088 #36242000007 LIEN NUMBER: LEGAL DESCRIPTION: Lot 30, Block 167, Unit 5 Part GOLDEN GATE, according to plat thereof, recorded in Plat Book 5 Page 118 of the Public Records of Collier County, Florida. You, as the owner of :he property above described, as recorded in the records main:ained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/4/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Colller County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be_valid. N END CLERK, BOARD OF COUNTY COMMISSIONERS csce 9- z/ea JAN 1 RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDILNCE 8 WITH ORDIN/LNCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ]1 including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and ]3 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported 15 to the Board of County Commissioners, together with a description of said parcel; and ]6 17 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property 18 against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 21 Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLTNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 3'~E B Bassichls Lot 30, Block 167, Unit 5 $245.00 ~ 535 Trotwood Rldge Dr Part GOLDEN GATE, according 3D Pittsburgh, PA 15241 to plat thereof, recorded in 34 Plat Book 5 Page 118 of the 35 Public Records of Colller 36 County, Florida. 37 38 39 40 REFERENCE: 41 80601-088 #36242000007 42 43 44 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 45 of the above described property, and if such owner fails to pay such assessment within thirty 46 i30} days hereof, a certified copy of ~his Resolution shall be recorded in the official records 47 of Collier County, to constitute a lien against such property according to law, unless such 48 direction is stayed by this Board upon appeal of the assessment of the owner. 49 This Resolution adopted after motion, second and majority vote. 50 DATED: 51 52 ATTEST: BOARD OF COUNTY COMMISSIONERS 53 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 54 55 56 BY: 57 CHAIRMAN 58 59 APPROVED AS TO FORM ~A'~ID WEIGEL 65 66 csce 11 - 1/1/99 JAN 12 1999 EXECUTIVE SUMMARY LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 80220-095/Bobby Clay TR, 80225-022fDreamscape Homes Inc., & Paul Acosta, 80309-053/Maybell Anderson, 80708-027/Clarence & A!exandra Abrams OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION As required by Ordinance 91-47, a Legal Notice of Assessment and copy of the Resolution will be mailed to the respective property owners, and the Clerk to the Board will record the resolution thirty days after mailing of the resolution. Case No. Owner of Record Case Summary Lien Amount 80220-095 Bobby Clay TR a. Violation determination 02/19/98 $1,200.00 b. Notice of Violation served Undeliverable ~'--- c. Verification of unabated nuisance 05/12/98 d. Nuisance abated with public funds 07/14/98 e. Owner invoiced for costs 07/17/98 80225-022 Dreamscape Homes a. Violation determination 03/24/98 585.00 Inc., &Paul Acosta b. Notice of Violation served 03/27/98 c. Verification of unabated nuisance 06/30/98 d. Nuisance abated with public funds 07/27/98 e. Owner invoiced for costs 07/31/98 80309-053 Maybell Anderson a. Violation determination 03/16/98 2,950.00 b. Notice of Violation served 04/01/98 c. Verification of unabated nuisance 06/19/98 d. Nuisance abated with public funds 07/18/98 e. Owner invoiced for costs 07/31/98 80708-027 Clarence & a. Violation determination 07/07/98 245.00 Alexandra Abrams b. Notice of Violation served 07/11/98 c. Verification of unabated nuisance 08/03/98 d. Nuisance abated with public funds 08/10/98 e. Owner invoiced for costs 08/14/98 FISCAL IMPACT A total reimbursement of $ 4,980.00 may be anticipated by voluntary action or foreclosure. The only cost to be incurred by the County is the cost of recording the Lien, which is estimated to be approximately $ 28.00, and can be paid from Code Enforcement account # 111-138911. N~os~E/y JAN 12 1999 Pg. / .. ~ GROWTH MANAGEMENT IMPACT Not applicable. "" RECOMMENDATION That the Board of Count>' Commissioners adopt the attached Resolutions. PREPARED BY: /'t~ ,' [ZY'Z.~ ~cd[-i,' 'r,,',c.:~..-,- DATE: Meio~; Brid~an, Cu~mer Se~ice Representative Code Enforcement REVIEWED BY: Ju ' Belanger, senior Customc~ service Agent C~ Enforcement REVIEWED BY: '; ' "; L_ DATE: Michelle Edwards Arnold, Director Code Enforcement Vincent A. Cautero, AICP, Administrator Communi~' Dev. & Environmental Svcs. CSce 8 - 6/91 JAN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Bobby Clay TR Royal Park Hammock PO Box 122 Marco Island, FL 34146 REFERENCE 80220-095 #00776280002 LIEN NUMBER: LEGAL DESCRIPTION: That portion of NW~ of NW~ of SW ~ of NW~ lying North of US Highway #41, That portion NE ~ of NW~ of SW ~ of NW~ lying North of US Highway #41, and that portion of SE ~ of NW ~ of SW ~ NW ~ Section 36, Township 51S, Range 27E, Lying North of US Highway #41. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 2/20/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Paper, plastic, cans, bottles, auto parts, cardboard, old pieces of 1,~mher, tires, couch & appliances etc... You failed to aba:e such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cos: of $ 1,000.00 and administrative cost of $200.00 for a total of $ 1,200.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should no: constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of CLERK, BOARD OF COUNTY COMMISSIONERS JAN 1 g 1999 CSce 9- !/93 RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOA~RD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, 1] including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and ]3 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported ]5 to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ]8 against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 2] Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOA_RD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 3""'3obby Clay TR That portion ofNW~ ofNW~ $1,200.00 3 ~oyal Park Hammock of SW ~ of NW ~ lying North 33 pO Box 122 of US Highway #41, That portion 34 Marco Island, FL 34146 NE ~ of NW~ of SW ~ of 35 NW~ lying North of US Highway 36 #41, and that portion of 37 SE ~ of NW ~ of SW ~ NW ~ 38 Section 36, Township 51S, 39 Range 27E, Lying North of US 40 Highway #41. 4] 42 REFERENCE: 43 80220-095 #00776280002 44 45 46 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 47 of the above described property, and if such owner fails to pay such assessment within thirty 48 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 49 of Collier County, to constitute a lien against such property according to law, unless such 50 direction is stayed by this Board upon appeal of the assessment of the owner. 5] This Resolution adopted after motion, second and majority vote. 52 DATED: 53 54 ATTEST: BOARD OF COUNTY COMMISSIONERS 55 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 56 57 58 BY: 59 CHAIRMAN 6] APPROVED AS TO FORM 6~""~d~D.LEGAL SUTFI/~fN~Y: 65, A'v~ ' 67 JAN Z 2 1999 68 csce 11 - 1/1/99 Pg. ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Dreamscape Homes Inc. Paul Acosta 741 Golden Gate Blvd Naples, FL 34120 REFERENCE 80225-022 #39329240004 LIEN NUMBER: LEGAL DESCRIPTION: The North 75 Feet of The South 150 Feet of Tract 86, GOLDEN GATE ESTAES, UNIT NO. 50, according to the Plat thereof, as recorded in Plat Book 5 at Pages 82 and 83 of The Public Records of Collier County, Florida. You, as the owner of ~he property above described, as recorded in the records maintained by the office of the ProperEy Appraiser, are hereby advised that the Compliance Services Manager, did on 3/24/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Wood, plastic, tub & tiles in front & each side of patio bottles, 5 gal. Buckets re bar, concrete blocks You failed tc abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost cf $ 385.00 and administrative cost cf $200.00 for a total of $ 585.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS cSce 9- /93 JAN 12 1999 RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDA/qCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, 1] including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and ]3 ]4 WHEREAS, the cost thereof Eo the County as to each parcel shall be calculated and reported 15 to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ]8 against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 2] Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 31~"'Dreamscape Homes Inc. The North 75 Feet Of The $585.00 q 'aul Acosta South 150 Feet Of Tract 86, 3_ 741 Golden Gate Blvd GOLDEN GATE ESTAaS, UNIT 34 Naples, FL 34120 NO. 50, according to the 35 Plat thereof, as recorded in 36 Plat Book 5 at Pages 82 and 83 37 of The Public Records Of Collier 38 County, Florida. 39 40 41 REFERENCE: 42 80225-022 #39329240004 43 44 45 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 46 of the above described property, and if such owner fails to pay such assessment within thirty 47 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 48 of Collier County, to constitute a lien against such property according to law, unless such 49 direction is stayed by this Board upon appeal of the assessment of the owner. 50 This Resolution adopted after motion, second and majority vote. 5] DATED: 52 53 ATTEST: BOARD OF COUNTY COMMISSIONERS 54 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 55 56 57 BY: 58 CHAIRMAN 59 60 APPROVED AS TO FORM g DX~ID WEIGEL~ ' ' ' 65 ~ COUNTY ATTORNEY 66 JAN 67 csce 11 - 1/1/99 BOARD OF COUNTY CObe4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Maybell Anderson 820 Springfield Cir Salisbury, MD 21804 REFERENCE 80309-053 #00767440000 LIEN NUMBER: LEGAL DESCRIPTION: Lot #24 MIRRA PARK, Beginning at N.W. corner section 20 T-51-S R-27-E Ran S 0°16'00'' W 209.84 feet to iron pin then S 89°27'40"E 452.35 feet to iron pin being point of beginning, then S 0°12'20"W 135.0 feet to iron pin then N 89°27'40'' W 60.0 feet to iron pin then N 0°12'20"E 135.0 feet to iron pin then S 89a 27'40"E 60.0 feet to point of beginning. Lot #25 MIRRA PARK, Beginning at N.W. corner Section 20 T-51-S R-27-E Ran S 0° 16'00"W 209.84 feet to iron pin then S 89° 27'40"E 392.35 feet to iron pin being point of beginning then S 0° 12'20"W 135.0 feet to iron pin then N 89° 27'40"W 60.0 feet to iron pin then N 0° 12'20"S 135.0 feet to iron pin the S 89° 27'40"E 60.0 feet to point of beginning. You, as !he owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 3/19/98, order the aba!ement of a certain nuisance existing on the above property prohibited by Ordinance 9!-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Brazzlian Pepper Hedges. You failed Ec abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cosE of $ 2,750.00 and administrative cost of $200.00 for a total of $ 2,950.00. Such costs, by Resoluticn of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made Eo ~he Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writin9 within thirty (30) days from the date of this assessment :o beN~.~l~~f CLERK, BOARD OF COUNTY COMMISSIONERS JAN 12 7999 CSce 9-1/93 RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]] nuisances, including prescribed administrative cost incurred by the County, shall be ]2 assessed against such property; and ]3 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 15 reported to the Board of County Commissioners, together with a description of said ]6 parcel; and 17 ]8 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property againsn which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable thirty (30) days after the 22 mailing cf Notice of Assessment after which interest shall accrue at a rate of twelve 23 percent (12.0%) per annum on any unpaid portion thereof. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 26 COUNTY, FLORIDA, that the property described as follows, and having been abated of a 27 public nuisance after due and proper notice thereof to the owner of said property, is 2P~hereby assessed the following costs of such abatement, to wit: 2 30 NAME: LEGAL DESCRIPTION: COST 3] 32 Maybell Anderson Lot #24 MIRRA PARK, Beginning at $2,950.00 33 820 Springfield CirN.W. corner section 20 T-5i-S 34 Salisbury, MD 21804 R-27-E Ran S 0°16'00" W209.84 35 feet to iron pin then S 89°27'40"E 36 452.35 feet to iron pin being 37 point of beginning, then S 0a12'20"W 38 135.0 feet to iron pin then N 39 89a27'40'' W 60.0 feet to iron 40 pin then N 0°12'20"E 135.0 feet 4] to iron pin then S 89° 27'40"E 42 60.0 feet to point of beginning. 43 Lot #25 MIRRAPARK, Beginning at 44 N.W. corner Section 20 T-51-S R-27-E 45 Ran S 0° 16'00"W 209.84 feet to iron 46 pin then S 89° 27'40"E 392.35 feet 47 to iron pin being point of beginning 48 then S 0° 12'20"W 135.0 feet to iron 49 pin then N 89° 27'40"W 60.0 feet 50 to iron pin then N 0° 12'20"S 135.0 5] feet to iron pin the S 89° 27'40"E 52 60.0 feet to point of beginning. 53 REFERENCE: 54 80309-053 #00767440000 55 56---' The Cler of the Board shall mail a notice of assessment of lien to ihe 5~ owners of the above described property, and if such owner fails to pay such assessment" 59 within thirty (30) days hereof, a certified copy of this Resolution shall b recorded 60 in the official records of Collier County, to constitute a lien against suc p~r~y~1989 6] according to law, unless such direction is stayed by this Board upon appeal of the 62 assessment of the owner. 63 This Resolution adopted after motion, second and majority vote. 64 DATED: 65 66 ATTEST: BOARD OF COUNTY COMMISSIONERS 67 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 68 69 70 BY: 71 CHAIRMAN 72 73 APPROVED AS TO FORM 74 AND EGAL SUFFICIENCY: 79 80 cSce !i - ~/~/99 JAN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA __-, LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Clarence & Alexandra Abrams 480 Boyne St New Hudson, MI 48165 REFERENCE 80708-027 #36240720004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 25, Block 166, Unit 5, Part--GOLDEN GATE according to plat thereof recorded in Plat Book 6, Page 118 of the Public Records of Collier County, Florida. You, as Ehe owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/8/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why Ehe expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CSoe 9-1/93 JAN 1 g 1999 2 RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDA/qCE 8 WITH ORDINANCE 91-47. 9 10 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ll nuisances, including prescribed administrative cost incurred by the County, shall be assessed 12 against such property; and ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and ]5 reported to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]8 property against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 2] of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 3] Clarence & Alexandra Abrams Lot 25, Block 166, Unit 5, $245.00 32 480 Boyne St Part--GOLDEN GATE according 33 New Hudson, MI 48165 to plat thereof recorded in 34 Plat Hook 6, Page 118 of the 35 Public Records of Collier 36 County, Florida. 37 38 REFERENCE: 39 80708-027 #36240720004 40 41 42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 43 owners of the above described property, and if such owner fails to pay such assessment 44 within thlrty (30) days hereof, a certified copy of this Resolution shall be recorded in the 45 official records of Collier County, to constitute a lien against such property according to 46 law, unless such direction is stayed by this Board upon appeal of the assessment of the 47 owner. 48 This Resolution adopted after motion, second and majority vote. 49 DATED: 50 5] ATTEST: BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 53 54 55 BY: 56 CHAIRMAN 57 58 APPROVED AS TO FORM coUNTY ATTO EY JAN 12 1999 65CSce 11 - 111/99 EXECUTIVE SUMMARY LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 71022-079/Alberta J McLenon, 80626-010/Andres & Felipa P Galan, 80626-014/Andres & Felipa P Galan, 80626-015/Andres & Felipa P Galan & 80710-087/Stuart O Kaye TR OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION As required by Ordinance 91-47, a Legal Notice of Assessment and copy of the Resolution will be mailed to the respective property owners, and the Clerk to the Board wilt record the resolution thirty days after mailing of the resolution. Case No. Owner of Record Case SummaD' Lien Amount 71022-079 Alberta J McLenon a. Violation determination 10/23/97 $ 500.00 b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 02/25/98 d. Nuisance abated with public funds 04/07/98 e. Owner invoiced for costs 04/09/98 80626-010 Andres & Felipa P a. Violation determination 06/25/98 $ 245.00 Galan b. Notice of Violation served 07/01/98 c. Verification of unabated nuisance 07/21/98 d. Nuisance abated with public funds 07/27/98 e. Owner invoiced for costs 08/07/98 80626-014 Andres & Felipa P a. Violation determination 06/25/98 $ 245.00 Galan b. Notice of Violation served 07/01/98 c. Verification of unabated nuisance 07/21/98 d. Nuisance abated with public funds 07/27/98 e. Owner invoiced for costs 08/07/98 80626-015 Andres & Felipa P a. Violation determination 06/25/98 $ 245.00 Galan b. Notice of Violation served 07/01/98 c. Verification of unabated nuisance 07/21/98 d. Nuisance abated with public funds 07/27/98 e. Owner invoiced for costs 08/07/98 80710-087 Stuart O Kaye TR a. Violation determination 07/10/98 245.00 b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 08/03/98 d. Nuisance abated with public funds 08/10/98 e. Owner invoiced for costs 08/14/98 JAN 12 1999 FISCAL IMPACT A total reimbursement of $ 1,480.00 may be anticipated by voluntary action or foreclosure. The only cost to be incurred by the County is the cost of recording the Lien, which is estimated to be approximately $ 35.00, and can be paid from Code Enforcement account # 111-138911. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Me!~)d~'Bri g~m~n, CustOmer Se~ice Representative d Code Enforcement ~VIEWED BY: ~VIEWED BY: Miehelle Edwards Arnold, Director Code EBforcement Vincent A. Cautero, AICP, Administrator Communi~ Dev. & Environmental Sves. CSce 8 - 6/91 N · JAN 1 g 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT 'OF LIEN DATE: Alberta J McLenon 4790 Pine St Naples, FL 34112-6429 REFERENCE 71022-079 #00395040005 LIEN NUMBER: LEGAL DESCRIPTION: The South 173 feet of the East 130 feet of the East ~ of the Southeast ~ of the Southwest ~ of Section 14, Township 50 South, Range 25 East, less and except 50" State Road Department right-of-way. You, as the owner of the property above described, as recorded in the records maintained by the office of the Properky Appraiser, are hereby advised that the Compliance Services Manager, did on 12/10/97, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18". Abandoned boat, wood, car parts, plastic etc... You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 300.00 and administrative cost of $200.00 for a total of $ 500.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30~ days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses anG charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMHISSIONERS CSoe 9-1/93 JAN 1 g 1999 __.Pq. ~ ,.~_,__ RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF .7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 10 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ]] including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and ]3 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported ]5 to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ]8 against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 2] Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 ~ Alberta J McLenon The South 173 feet of the $500.00 4790 Pine St East 130 feet of the East Naples, FL 34112-6429 ~ of the Southeast ~ of the 3~ Southwest ~ of Section 14, 35 Townshlp 50 South, Range 25 36 East, less and except 50' 37 State Road Department 38 right-of-way. 39 40 REFERENCE: 4] 71022-079 #00395040005 42 43 44 The Clerk of the Board shall mail a notice cf assessment of lien to the owner or owners 45 of the above described property, and if such owner fails to pay such assessment within thirty 46 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 47 of Collier County, to constitute a lien against such property according to law, unless such 48 direction is stayed by this Board upon appeal of the assessment of the owner. 49 This Resolution adopted after motion, second and ma3ority vote. 50 DATED: 5] 52 ATTEST: BOARD OF COUNTY COMMISSIONERS 53 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 54 55 56 BY: 57 CHAIRMAN 58 59 APPROVED AS TO FORM 61 ' · ~ · COUNTY ATTORNEY - - ~ - 65 66 csce - /1/99 .JAN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Andres & Felipa P Galan 6110 Taylor Rd Immokalee, FL 34142 REFERENCE 80626-010 #00086520009 LIEN NUMBER: LEGAL DESCRIPTION: The North 77 feet of the South 539 feet of the West ~ of the Northeast ~ of the Northeast ~ of the Southwest ~ of Section 33, Township 46 South, Range 29 East, Collier County, Florida. The West 30 feet reserved for Roadway Easement. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/26/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. ' CSoe 9-1/93 JAN 1 Z 1999 RESOLUTION NO. 99- 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 5 PROVIDING FOR ASSESSMENT OF LIENi FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 7 WITH ORDINANCE 91-47. 8 9 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, 10 including prescribed administrative cost incurred by the County, shall be assessed against such 11 property; and ]2 ]3 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported 14 to the Board of County Commissioners, together with a description of said parcel; and ]5 16 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ]7 against which made until paid; and 18 19 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 20 Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 2] annum on any unpaid portion thereof. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 24 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 25 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 26 of such abatement, to wit: 27 28 NAME: LEGAL DESCRIPTION: COST 29 30 Andres & Felipa P Galan The North 77 feet of the $245.00 ~ 6110 Taylor Rd South 539 feet of the West Immokalee, FL 34142 ~ of the Northeast ~ of the Northeast ~ of the Southwest 34 h of Section 33, Township 46 35 South, Range 29 East, Collier 36 County, Florida. The West 30 37 feet reserved for Roadway 38 Easement. 39 40 REFERENCE: 41 80626-010 #00086520009 42 43 44 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 45 of the above described property, and if such owner fails to pay such assessment within thirty 46 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 47 of Collier County, to constitute a lien against such property according to law, unless such 48 direction is stayed by this Board upon appeal of the assessment of the owner. 49 This Resolution adopted after motion, second and majority vote. 50 DATED: 52 ATTEST: BOARD OF COUNTY COMMISSIONERS 53 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 54 55 56 BY: 57 CHAIRMAN 58 59 APPROVED AS TO FORM 61 //l; ~/ --D~I~EI~EL AGEND IT M COUNTY ATTORNEY No ~ 65 66 csce 11 - 1/1/99 JAN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Andres & Felipa Galan 6110 Taylor Rd Immokalee, FL 34142 REFERENCE 80626-014 #00087480106 LIEN NUMBER: LEGAL DESCRIPTION: The North 77 feet of the South 462 feet of the West ~ of the Northeast ~ of the Northeast ~ of the Southwest ~ of Section 33, Township 46 South, Range 29 East, Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/26/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abaZe such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed againsZ the above property on and shall become a lien on the property thirty (30} days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranzed or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made tc the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CSce 9-1/93 JAN 1 g 1999 RESOLUTION NO. 99- 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISkNCE, IN ACCORD~LNCE 8 WITH ORDINA/qCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]1 nuisances, including prescribed administrative cost incurred by the County, shall be assessed ]2 against such property; and ]3 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and ]5 reported to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]8 property against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 2] of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 ~._ NAF~E: LEGAL DESCRIPTION: COST Andres & Felipa Galan The North 77 feet of the South 462 $245.00 3Z 6110 Taylor Rd feet of the West ~ of the Northeast 33 Immokalee, FL 34142 ~ of the Northeast ~ of the 34 Southwest ~ of Section 33, Township 35 46 South, Range 29 East, Collier 36 County, Florida. 37 38 REFERENCE: 39 80626-014 #00087480106 40 4] 42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 43 owners of the above described property, and if such owner fails to pay such assessment 44 within thirty (30) days'hereof, a certified copy of this Resolution shall be recorded in the 45 official records of Collier County, to constitute a lien against such property according to 46 law, unless such direction is stayed by this Board upon appeal of the assessment of the 47 owner. 48 This Resolution adopted after motion, second and majority vote. 49 DATED: 50 51 ATTEST: BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 53 54 55 BY: 56 CHAIRMAN 57 58 APPROVED AS TO FORM 62~L'D~VID WEIGEL 6s coUNTY ATTORNEY JAN 12 199~ 64 65 CSce 11 - 1/1/99 BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Andres & Felipa Galan 6110 Taylor Rd Immokalee, FL 34142 REFERENCE 80626-015 #00087480203 LIEN NUMBER: LEGAL DESCRIPTION: Commencing at the NW corner of the NE quarter of the NE quarter of the SW quarter of Section 33, Township 46 South, Range 29 East, Collier County, Florida, run Southerly 30 feet along the West line of said parcel to the point of beginning, said point being' on the South right-of-way line of Lake Trafford Road; continue Southerly 99.10 feet along said line; thence Easterly 166.06 feet parallel with the south line of said parcel; thence northerly 99.20 feet to the south right-of-way line of Lake Trafford; thence Westerly 166.06 feet along said right of way line to the Point of Beginning. The West 30 feet reserved for road way easement. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/26/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution cf the Beard of County Commissioners cf Collier County, Florida, have been assessed against the above properly on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, , th Government Center, Naples Florida 34112 in writing within thirty (30) days frl~ this assessment to be valid. CLERK, BOARD OF COUNTY COMMiSSiOnErS JAN 12 1999 CSce 9- 1/93 RESOLUTION NO. 99- 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 5 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF · 6 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 7 WITH ORDINANCE 91-47. 8 9 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of ]0 certain nuisances, including prescribed administrative cost incurred by the County, ]l shall be assessed against such property; and ]2 ]3 WHEREAS, the cost thereof to the County as to each parcel shall be calculated ]4 and reported to the Board of County Commissioners, together with a description of ]5 said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon ]8 the property against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the 2| mailing of Notice of Assessment after which interest shall accrue at a rate of twelve 22 percent (12.0%) per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 25 COUNTY, FLORIDA, that the property described as follows, and having been abated of a ~A.. public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: 29 NAME: LEGAL DESCRIPTION: COST 30 31 Andres & Felipa Galan , Commencing at the NW corner $245.00 32 6110 Taylor Rd of the NE quarter of the NE 33 Immokalee, FL 34142 quarter of the SW quarter of 34 Section 33, Township 46 South, 35 Range 29 East, Collier County, 36 Florida, run Southerly 30 feet 37 along the West line of said 38 parcel to the point of beginning, 39 said point being on the South 40 right-of-way line of Lake Trafford 4] Road; continue Southerly 99.10 feet 42 along said line; thence Easterly 43 166.06 feet parallel with the south 44 line of said parcel; thence northerly 45 99.20 feet to the south right-of-way 46 line of Lake Trafford; thence Westerly 47 166.06 feet along said right of way 48 line to the Point of Beginning. 49 The West 30 feet reserved for road 50 way easement. 51 REFERENCE: 52 80626-015 #00087480203 53 ~"" The Clerk of the Board shall mail a notice of assessment of lien to the 6wner or owners of the above described property, and if such owner fails ~Q pay Du such assessment within thirty (30) days hereof, a certified copy of this 57 Resolution shall be recorded in the .official records of Collier County, o 60 This Resolution adopted after motion, second and majority vote. 6] DATED: 62 63 ATTEST: BOARD OF COUNTY COMMISSIONERS 64 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 65 66 67 BY: 68 CHAIRM3~N 69 70 APPROVED AS TO FORM 71 AND GAL SUFFICIENCY: 74/,,---DA~'ii5 ~I~EL' 75 COUNTY ATTORNEY 76 77 CSce 11 1//1/99 JAN 1 g 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA --- LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Stuart O Kaye TR 1100 -5th Ave S STE 401 Naples, FL 34102 REFERENCE 80710-087 #36114520000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 26, Block 122, Golden Gate, Unit 4, Plat Book 5, Pages 107-116, inclusive, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/13/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made ~o the Clerk of ~he Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS . CSce 9- 1/93 JAN i g 1999 t p~. . /~. 1 2 RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]l nuisances, including prescribed administrative cost incurred by the County, shall be assessed ]2 against such property; and 13 14 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 15 reported to the Board of County Commissioners, together with a description of said parcel; and 16 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 18 property against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 21 of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 29 NXME: LEGAL DESCRIPTION: COST 30 31 Stu~c-t O Kaye TR Lot 26, Block 122, Golden $245.00 32 1100 5th Ave S STE 401 Pages 107-116, inclusive, of 33 Naples, FL 34102 the Public Records of Collier 34 County, Florida. 35 36 REFERENCE: 37 80710-087 #36114520000 38 39 40 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 4] owners of the above described property, and if such owner fails to pay such assessment 42 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 43 official records of Collier Countyc to constitute a lien against such property according to 44 law, unless such direction is stayed by this Board upon appeal of the assessment of the 45 owner. 46 This Resolution adopted after motion, second and majority vote. 47 DATED: 48 49 ATTEST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 52 53 BY: 54 CHAIRMAN 55 56 APPROVED AS TO FORM 57 ~L~ 58 61 COUNTY ATTORNEY 62 63 Csce - JAN 12 1999 EXECUTIVE SUMMARY AUTHORIZE STAFF TO SUBMIT A GRANT PROPOSAL TO THE U.S. FISH AND WILDLIFE SERVICE TO ASSIST IN FUNDING THE PRINTING AND DISTRIBUTION OF THE COLLIER COUNTY BOATERS GUIDE OBJECTIVE: To have the Board of County Commissioners authorize the Natural Resources Department to submit a proposal to receive grant funding from the South Florida Coastal Ecosystem Program administered by the U.S. Fish and Wildlife Service to help pay the cost of printing and distributing 23,000 copies of the Collier County Boaters Guide. CONSIDERATION: The U.S. Fish and Wildlife Service administers grant funding to local governments, through the South Florida Ecosystem Program, to increase public awareness of issues that affect South Florida's coastal ecosystem. Staff have developed the attached grant proposal to request funds for printing and distribution of the guide which will increase boaters safety and encourage coastal resource protection. The Natural Resources Department is seeking partners to help defray the cost of printing and distribution of the guides. The Natural Resources Department has worked with the Florida Department of Environmental Protection (FDEP) in developing a Boaters Guide. FDEP will provide the County with a camera ready guide. The Marine Trades Association has indicated that it will provide $1,000 for the guide. The objective of the Boaters Guide is to educate both local and visiting boaters to the importance of coastal conservation and boaters safety. The elements of the proposal are as follows: · the printing of 23,000 guides containing maps, colored iljustrations and narrative text, · the mail out of Boaters Guides to all registered Collier County boaters (16,000), · the distribution of approximately 6,000 guides to businesses which provide boat rentals, and · the distribution of 1,000 guides to the Ten Thousand Islands National Wildlife Preserve. FISCAL IMPACT: The cost for the total project is $39,000. Collier County is requesting $10,000 in USFWS program funds. Contributions from partners and County in-kind services will provide $29,000, or 74% of the total grant request. The FDEP contributed $7,500 to produce the Guide. The Ten Thousand Islands National Wildlife Reserve is contributing $5,000, and the Marine Industries Association of Collier County is contributing $1,000 to print and distribute the Guide. Staff is recommending that the County allocate $10,500 in boater registration fees for next fiscal year (FY99/00) as the County's cash contribution to this project. Staff will prepare a budget for this project within the Natural Resources Miscellaneous Projects Grants Fund (117-1 '8-~82)~ , E / part of its FY99/00 budget submittal. No fiscal impact is anticipated within the curre it fisc~81 ~ (' year. If the proposal is accepted by USFWS, staff will seek BCC approval for the im fie .~e/~in~ agreement sometime in the summer of 1999. 2 1999 pg,. ,/... GROWTH MANAGEI~IENT IMPACT: This proposal supports Objective 7.2 of the Conservation and Coastal Management Element addressing the protection of the West Indian Manatee. RECOMMENDATION: That the BCC authorize the NRD to submit the attached grant proposal to the USFWS to fund the printing of the proposed Collier County Boaters Guide and direct staff to include this project in the proposed FY99/00 budget request. SUBMITTED BY: ~.,_. .~..-.~ ,,, Date: "Kevin H. Dug.~n, Senior Environmental Specialist REVIEWED BY: .~ .... ,:/.... ,~::-.~, -- ~-'u-.-.. D'de"' Date: ~ 2- ;,::j 9~. '~t~'~m'lS. Lorenz, Jr.,r.E.: , ., ctor Natural Resources Department Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services JAN 1 g 1999 SOUTH FLORIDA COASTAL ECOSYSTEM PROGRAM PROJECT PROPOSAL U.S. Fish and Wildlife Service South Florida Field Office P.O-. Box 2676 Vero Beach, FL 32961-2676 Project Title: COLLIER COUNTY BOATERS GUIDE Contact Information: Kevin H. Dugan Collier County Natural Resources Department 3301 East Tamiami Trail Naples, FL 34112 Phone: (941) 732-2505 Fax: (941) 774-9222 E-mail KevinDugan@colliergov.net Project Location: Collier County, FL JAN I 2 199J pg. -~ USFWS Coastal Program Boaters Guide Proposal Page -2- Project Description Collier County will develop, print and distribute 23,000 copies of the Collier County Boaters Guide. The Guide will consist of a multi-leaf, fold out color brochure, printed on water proof paper, that boaters can use while boating. The Guide will feature maps of the near coastal waters, major navigational channels, seagrass beds, manatee speed zones, boat ramp locations and artificial reefs. Narrative text will promote protection and conservation of manatees and other coastal resources, as well as boaters safety. The guide will help conserve the coastal resources in Collier County as boaters become more aware of sensitive habitats and how to safely use the County's recreational waters. Once printed, County staff will mail approximately 16,000 guides to all registered boaters in the County. Staff will also distribute approximately 6,000 guides to the 12 listed boat rental locations in Collier County. The Ten Thousand Islands National Wildlife Preserve will receive 1,000 guides for subsequent distribution to visitors to the preserve. A camera ready guide can be produced by September 1999. Printing and distribution can occur thereafter and be completed by December 1999. Total Project Cost/Budget The cost for the total project is $39,000 (Table 1 ). Collier County is requesting $10,000 in USFWS program funds. Contributions from partners and County in-kind services will provide $29,000, or 74% of the total project cost. Objectives and Statement of Product The objective of the Boaters Guide is to educate both local and visiting boaters to the importance of coastal conservation and boaters safety through the use of maps, colored iljustrations and narrative text contained within the guide. 1. The County will print 23,000 guides containing the following information: Maps will depict: · Near coastal waters · Major navigational channels · Manatee speed zones · Artificial reefs Sea grass beds ^~E~)~,~/(, · NO. , _ , MangFove areas JAN 12 1999 USFWS Coastal Program Boaters Guide Proposal Page -3- · Shallow waters to be avoided. Colored Iljustrations will show: · Manatee speed zone signs · Popular sport fish · Artificial reef coordinates Narrative text will explain: · Manatee protection · Fishing regulations · Rules of the road · Catch and release · Coastal resource protection 2. The County will mail out Boaters Guides to all registered Collier County Boaters. 3. The County will distribute approximately 6,000 Guides to businesses which provide boat rentals. 4. The County will provide the Ten Thousand Islands National Wildlife Preserve with 1,000 guides. Project Time Frame The proposed Project Time Frame assumes that a contract for the grant award can be completed and approved by the County and USFWS by August 1999. Printing and distribution will take place during October- November 1999. Contributing Partners Partner Responsibility Commitment Florida Department of Environmental Protection (FDEP) Guide preparation $7,500 Ten Thousand Islands National Editorial input, printing & Wildlife Reserve (TTINWR) distribution $5,000 Marine Industries Association Editorial input, printing & of Collier County (MIACC) distribution $1,000 Rookery Bay National Estuarine Editorial input & technical Research Reserve (RBNRRR) assistance N JAN 12 1999 USFWS Coastal Program Boaters Guide Proposal Page -4- Actions to Date The Collier County Natural Resources Department has reviewed and edited several drafts of the proposed Guide. Later drafts have been reviewed by the TTINWR, MIACC and RBNERR. This process will continue until the final draft is approved by all partners. Table 1. Proposed Project Budget Expenses Personnel Costs Salary and Indirect Support $5,000 Sub-total $5,000 Operating Costs Map Design/Camera Ready Master $7,500 Printing $23,000 Mailing $3,500 Sub-total $34,000 Total Project Cost $39,000 Revenues FDEP Production In-Kind Services $7,500 MIACC Cash Contribution $1,000 TTINWR Cash Contribution $5,000 Collier County in-Kind Services $5,000 Collier County Boater Registration Fees $10,500 USFWS Program Funds $10,000 Total Revenues $39,000 Requested Program Funds $10,000 (26%) County Match/Contributions $29,000 (74%) $39,000 (100%) · JAN 12 1999 USFWS Coastal Program Boaters Guide Proposal Page -5- ATTACHMENT A. Personnel Qualifications KEVIN H. DUGAN, Senior Environmental Specialist Education: B.S. Zoology, University of Massachusetts, 1976 Graduate Studies (Marine Science), University of Massachusetts, 1976 - 1978 Experience: 12/91- Present. Senior Environmental Specialist. Collier County Natural Resources Department, Naples, Florida. Duties include supervision of Natural Resources staff. Special Projects Manager responsible for assisting the Office of Capital Projects Management Department in receiving environmental permits from the Florida Department of Environmental Protection, South Florida Water Management District and the U.S. Army Corps of Engineers. 4/90-12/91. Environmental Speciali st II. Collier County Natural Resources Department, Naples, Florida. Hired part time to manage the Artificial Reef Program. Secured site permits through a Dredge and Fill permit obtained from the Florida Department of Environmental Regulation, Department of Natural Resources and the U.S. Army Corps of Engineers. Within six months, was hired full time to help implement the Growth Management Plan. 1/87-4/90. Oceanographer. West Coast Exploration, Inc., Naples, Florida. Duties included conducting electronic exploration and mapping of magnetic anomalies and topographic features of the Gulf of Mexico. Obtained Dredge and Fill permits from the Florida Department of Environmental Regulation, Department of Natural Resources and the U.S. Army Corps of Engineers. Reason for leaving: Contract expired. 6/82-1/87. Fisheries Biologist/Consultant. Reliant Aquaculture Consulting, Inc., Naples, Florida. Advised fish farmers in the United States and overseas in all aspects of Aquaculture. Subjects included management skills, productivity enhancement, marketing, water quality and monitoring. Prepared and reviewed feasibility reports on site and species selection, design and management of aquaculture projects for the World Bank, Inter- American Development Bank and Asian Development Bank. Reason for leaving: Could no longer afford to run the company full time. 12/80-5/82. Production Manager. Amusement Systems Corporation, Inc., Orlando, Florida. Supervised the production of electronic video games. Was responsible for the location and purchase of all component parts and sub-assemblies, final assembl' testi~,~E,~,P-'~'i~_/~ and quality control. Reason for leaving: Company was disbanded. JAN 12 199 USFXVS Coastal Program Boaters Guide Proposal ,,_, Page -6- 8/78-11/80. Fisheries Biologist. U.S. Peace Corps, Washington, D.C. Assigned to the Republic of the Philippines to upgrade local commercial fisheries and develop new commercial aquaculture facilities. Reason for leaving: Contract expired. 4/78-8/78. Intemship- Woods Hole Oceanographic Institute(WHOI)/EG&G, Inc. Utilized the TSDA system aboard the Deep Sea Drilling Vessel Glomar Challenger while on an International Phase of Ocean Drilling (IPOD) cruise. 6/74-9/74. Internship - WHOI, Ocean Engineering Department. Worked with a team of engineers and technicians to develop a Temperature, Salinity, Depth Array (TSDA) System for deep sea modeling and monitoring. 11/68-11/72. U.S. Navy. Enlisted as an Airman Apprentice. Honorably discharged Aviation Electrician Mate Third Class. Served in Vietnam. Certification: U. S. Coast Guard Master's License (100 ton). Professional Affiliations: Florida Association of Environmental Professionals World Aquaculture Society . Gulf Estuarine Research Society · JAN 12 1999 EXECUTIVE SUMMARY LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 80602-028/William Fotre JR & Suzanne M Fotre, 80604-050fMarc D Jacobson TR, 80618-064/Ram Ventures Inc. % Faulconer Tile & Marble, 80619-002/John J & Doris J Petruzzi & 80702-065/Kenneth A & Roxanne L Fiaska OBJECTIVE Board to accept report and adopt separate Resolutions assessing a lien against the parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at these locations, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION As required by Ordinance 91-47, a Legal Notice of Assessment and copy of the Resolution will be mailed to the respective property owners, and the Clerk to the Board will record the resolution thirty days after mailing of the resolution. Case No. Owner of Record Case Summary Lien Amount 80602-028 William Fotre JR & a. Violation determination 06/08/98 $ 290.00 ~" ' Suzanne M Fotre b. Notice of Violation served Undeliverable c. Verification of unabated nuisance 07/23/98 d. Nuisance abated with public funds 07/28/98 e. Owner invoiced for costs 07/31/98 80604-050 Marc D Jacobson TR a. Violation determination 06/11/98 245.00 b. Notice of Violation served 06/18/98 c. Verification of unabated nuisance 07/09/98 d. Nuisance abated with public funds 07/15/98 e. Owner invoiced for costs 07/24/98 80618-064 Ram Ventures Inc. % a. Violation determination 06/17/98 245.00 Faulconer Tile & b. Notice of Violation served 06/20/98 Marble c. Verification of unabated nuisance 07/09/98 d. Nuisance abated with public funds 07/20/98 e. Owner invoiced for costs 07/24/98 80619-002 John J & Doris J a. Violation determination 06/26/98 245.00 Petruzzi b. Notice of Violation served 07/04/98 c. Verification of unabated nuisance 07/23/98 d. Nuisance abated with public funds 07/24/98 e. Owner invoiced for costs 08/07/98 80702-065 Kenneth A & Roxanne a. Violation determination 07/07/98 245.00 L Flaska b. Notice of Violation served Not Dated /'- c. Verification of unabated nuisance 08/02/98 d. Nuisance abated with public funds 08/06/98 I e. Owner invoiced for costs 08/21/9~ N~oSS,,~D?j~5~af JAN 12 1999 FISCAL IMPACT --- A total reimbursement of $ 1,270.00 may be anticipated by voluntary action or foreclosure. The only cost to be incurred by the Count>' is the cost of recording the Lien, which is estimated to be approximately $ 35.00, and can be paid from Code Enforcement account # 111-138911. GROVqTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: I 2'?_ (/[({, , Z~, ('/7~C ,,,G',-' DATE: MelOdy Bridge,!~mln, CustO~aer Sen'ice Representative Code Enforcement REVIEXVED BY: J'dii~ Belanger, Senior Custome} Sen'ice Agent Co~t~ Enforcement REVIEWED BY: 6,~~ ,,L-_ ~ DATE: Miche!le Edwards Arnold, Director Code Enforcement APPROVED BY: Vincent A. Cautero, AICP, Administrator Community. Dev. & Environmental Svcs. CSce 8 - 6/91 JAN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: William Fotre JR & Suzanne M Fotre PO Box 11096 Naples, FL 34101 REFERENCE 80602-028 #48730280000 LIEN NUMBER: LEGAL DESCRIPTION: Lots 13 & 14, Block B, Haldeman River Subdivision, according to the plat thereof, as recorded in Plat Book 2, Page 87, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/9/98, order the abatement of a certain nuisance existing on ~ne above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funOs aE a direct cost of $ 90.00 and administrative cost of $200.00 for a total of $ 290.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may reques~ a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from The date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- /93 JAN 1 g 1999 RESOLUTION NO. 99- 3 5 A RESOLUTION OF THE BOARD OF COTJNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE A3ATEMENT OF PUBLIC NUISANCE, IN ACCORD/~NCE 8 WITH ORDINi~NCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain 1] nuisances, including prescribed administrative cost incurred by the County, shall be assessed 12 against such property; and 13 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and ]5 reported to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the ]8 property against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 2] of Notice of Assessment after which innerest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, ~o wit: 28 29,"' NAME: LEGAL DESCRIPTION: COST 3 3~ William Fotre JR & Lots 13 & 14, Block B, Hald~m~n $290.00 32 Suzanne M Fotre River Subdivision, according to the 33 PO Box 11096 plat thereof, as recorded in Plat 34 Naples, FL 34101 Book 2, Page 87, of the Public 35 Records of Collier County, Florida. 36 37 REFERENCE: 38 80602-028 #48730280000 39 40 4] The Clerk of the Board shall mail a notice of assessment of lien to the owner or 42 owners of the above described property, and if such owner fails to pay such assessment 43 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 44 official records of Collier County, to constitute a lien against such property according to 45 law, unless such direction is stayed by this Board upon appeal of the assessment of the 46 owner. 47 This Resolution adopted after motion, second and majority vote. 48 DATED: 49 50 ATTEST: BOARD OF COUNTY COMMISSIONERS 5] DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 52 53 54 BY: 55 CHAIRMAN 56 57 APPROVED AS TO FORM 64 CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Marc D Jacobson TR 115 E Rivo Alto Dr Miami Beach, FL 33139 REFERENCE 80604-050 #35997640001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 21, Block 97, Unit 3, GOLDEN GATE ESTATES, according to the Plat thereof, as recorded in Plat Book 5, Page 105 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records main:ained by the office of :he Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/15/98, order the abatement of a certain nuisance exis:ing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direc: cost of $ 45.00 and administrative cost of $200.00 for a Eotal of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above proper:y on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why :he expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Governmen~ Cen:er, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS csce e- z/93 JAN 12 1999 RESOLUTION NO. 99- 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, 1] including prescribed administrative cos~ incurred by the County, shall be assessed against such ]2 property; and 13 14 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported 15 to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ]8 against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 21 Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum On any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAa4E: LEGAL DESCRIPTION: COST 30 311"'Marc D Jacobson TR Lot 21, Block 97, Unit 3, $245.00 ~ .15 E Rivo Alto Dr GOLDEN GATE ESTATES, according to 3~ Miami Beach, FL 33139 the Plat thereof, as recorded in 34 Plat Book 5, Page 105 of the 35 Public Records of Collier County, 36 Florida. 37 38 39 40 4] 42 REFERENCE: 43 80604-050 #35997640001 45 46 The Clerk of the Boardshall mall a notice of assessment of lien to the owner or owners 47 of the above described property, and if such owner fails to pay such assessment within thirty 48 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 49 of Collier County, to constitute a lien against such property according to law, unless such 50 direction is stayed by this Board upon appeal of the assessment of the owner. 5] This Resolution adopted after motion, second and majority vote. 52 DATED: 53 54 ATTEST: BOARD OF COUNTY COMMISSIONERS 55 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 56 57 58 BY: 59 CHAIRMAN 61 APPROVED AS TO FORM ~9'--~ EGAL SU~FFIEF~: 67 JAN 1 g 1999 68 csce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Ram Ventures Inc % Faulconer Tile & Marble Attn. Arthur Faulconer 9853 Tamiami Trl N STE 106-017 Naples, FL 34108 REFERENCE 80618-064 #36004120002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 13, Block 106, Golden Gate, Unit 3, according to the plat thereof recorded in Plat Book 5, Pages 97 to 105, inclusive, Public Records of Collier County, Florida. You, as the owner cf the proper~y above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/18/98, order the abatement of a certain nuisance existing on the above proper~y prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed ~o abane such nuisance; whereupon, it was abated by the expenditure of pubilc funds at a direct cost of $ 45.00 and aGministrative cost of $200.00 for a total of $ 245.00. Such ccsts, by Resciution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before ~he Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from nhe dane of nhis assessment to be valid. ~G~7 CLERK, BOARD OF COUNTY COMMISSIONERS JAN 12 1999 CSce 9- 1/93 RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ]] including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and ]3 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported ]5 to the Board of County Commissioners, together with a description of said parcel; and ]6 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ]8 against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 21 Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum On any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 31~"Ram Ventures Inc Lot 13, Block 106, Golden $245.00 3 Faulconer Tile & Marble Gate, Unit 3, according to 3D Attn. Arthur Faulconer the plat thereof recorded 5, 34 9853 Tamiami Trl N STE 106-017 in Plat Book Pages 97 to 105, 35 Naples, FL 34108 inclusive, Public Records of Collier 36 County, Florida. 37 38 RE~ERENCE: 39 80618-064 #36004120002 40 4] 42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 43 of the above described property, and if such owner fails tc pay such assessment within thirty 44 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 45 of Collier County, to constitute a lien against such property according to law, unless such 46 direction is stayed by this Board upon appeal of the assessment of the owner. 47 This Resolution adopted after motion, second and majority vote. 48 DATED: 49 50 ATTEST: BOARD OF COUNTY COMMISSIONERS 5] DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 52 53 54 55 CHAZRMAN 56 57 APPROVED AS TO FORM : 6~DA~B ~fI~L~ ' 6 COUNTY ATTORNEY JAN 12 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: John J & Doris J Petruzzi 117 W Main St PO Box 273 E Brookfield, MA 01515 REFERENCE 80619-002 #57374080000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 53, Block 239, Marco Beach Unit Six, a subdivision according to the Plat thereof, recorded in Plat Book 6, page 47-54 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records mainLained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/29/98, order the abatement of a certain nuisance existing on Ehe above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cosE of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of ~his assessment to be valid. N~t,.~21~J/~' CZce 9- Z/93 CLERK, BOARD OF COUNTY COMMZSSZONERS JAN 12 1999 RESOLUTION NO. 99- 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINA/~CE 91-47. 9 10 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain ]] nuisances, including prescribed administrative cost incurred by the County, shall be assessed 12 against such property; and 13 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 15 reported to the Board of County Commissioners, together with a description of said parcel; and 16 17 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 18 property against which made until paid; and 19 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing 21 of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) 22 per annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance 26 after due and proper notice thereof to the owner of said property, is hereby assessed the 27 following costs of such abatement, to wit: 28 2Q'--- NAME: LEGAL DESCRIPTION: COST 3, John J & Doris J Petruzzi Lot 53, Block 239, Marco Beach $245.00 32 117 WMain St Unit Six, a subdivision according 33 PO Box 273 to the Plat thereof, recorded in 34 E Brookfield, MA 01515 Plat Book 6, page 47-54 of the 35 Public Records of Collier County, 36 Florida. 37 38 REFERENCE: 39 80619-002 #57374080000 40 41 42 The Clerk of the Board shall mail a notice of assessment of lien to the owner or 43 owners of the above described property, and if such o~rner fails to pay such assessment 44 within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the 45 official records of Collier County, to constitute a lien against such property according to 46 law, unless such direction is stayed by this Board upon appeal of the assessment of the 47 owner. 48 This Resolution adopted after motion, second and majority vote. 49 DATED: 50 5] ATTEST: BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 53 54 55 BY: 56 CHAIRMAN 57 58.-~APPROVED AS TO FORM 62~"'~DiVID WEIGEL 63 coUNT ATTOm E JAN 12 1999 65 CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Kenneth A & Roxanne L Flaska 28 Roslyn Rd Grosse Pt Shores, MI 48326 REFERENCE 80702-065 #57859840008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 32, Block 332, Marco Beach Unit 10, a subdivision according to the Plat thereof, recorded in Plat Book 6 at Pages 74-79 of the Public Records of Collier County, Florida. You, as the owner cf the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 7/9/98, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon ~,ou, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $ 45.00 and administrative cost of $200.00 for a total of $ 245.00. Such costs, by ResoluEion of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessmen~ to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- /9S JAN 1 g 1999 RESOLUTION NO. 99- 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS 6 PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 7 THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE 8 WITH ORDINANCE 91-47. 9 ]0 WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, ]l including prescribed administrative cost incurred by the County, shall be assessed against such ]2 property; and 13 ]4 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported 15 to the Board of County Commissioners, together with a description of said parcel; and 16 ]7 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ]8 against which made until paid; and ]9 20 WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of 21 Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per 22 annum on any unpaid portion thereof. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 25 FLORIDA, that the property described as follows, and having been abated of a public nuisance after 26 due and proper notice thereof to the owner of said property, is hereby assessed the following costs 27 of such abatement, to wit: 28 29 NAME: LEGAL DESCRIPTION: COST 30 3J?---Kenneth A & Roxanne L Flaska Lot 32, Block 332, Marco $245.00 ~ ~8 Roslyn Rd Beach Unit 10, a subdivision 3. arosse Pt Shores, MI 48326 according to the Plat thereof, 34 recorded in Plat Book 6 35 at Pages 74-79 of the Public 36 Records of Collier County, 37 Florida. 38 39 REFERENCE: 40 80702-065 #57859840008 41 42 43 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners 44 of the above described property, and if such owner fails to pay such assessment within thirty 45 (30) days hereof, a certified copy of this Resolution shall be recorded in the official records 46 of Collier County, to constitute a lien agalnst such property according to law, unless such 47 direction is stayed by this Board upon appeal of the assessment of the owner. 48 This Resolution adopted after motion, second and majority vote. 49 DATED: 50 5] ATTEST: BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 53 54 55 BY: 56 CHAIRMAN 57 58 APPROVED AS TO FORM 62---' D~QiD ~OUNTY ATTORNEY 65 CSce 11 - 1/1/99 .... JAN 1 g 1999 Pg. /~>~ _ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "C.M.G. PLAT" OBJECTIVE: TO approve for recording the final plat of C.M.G. Plat, a subdivision of lands located in Section 1, Township 50 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "C.M.G. Plat". This document is in compliance with the County Land Development Cbde and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "C.M.G. Plat" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "C.M.G. Plat" with the following stipulations: 1. Authorize the recording of the Final Plat of "C.M.G. Plat." JAN 1 1999 Pg. / Executive Summary C.M.G. Plat Page 2 John R. Houldsworth, S~nlor Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Robert Mulhere, AICP '~ /~L-- Planning Services Department Director APPROVED BY: /--, Vin autero, AICP Administrator Date Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION JAN 12 1999 "PL/ ~' 25 EAST, COLLIER COUNTY, FLORIDA. 25 _ . 30 29 ~ | , , ~ ~ ~,_-'-- - -: , : ' ~ Bd;T NAP - = W E .~ ' ~ 15 - LOCATION ~ JAN 1-~ 1999 NOT TO SCALE EXECUTIVE SUMMARY TO APPROVE A BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE CDBG BULLARD SUBDIVISION PROJECT (HABITAT FOR HUMANITY) TO THE SHELLABARGER PARK PROJECT. OBJECTIVE: To have the Board of Commissioners authorize the Office of Management and Budget to transfer funds from the Bullard Subdivision portion of the 1997 CDBG grant into the Shellabarger Park portion. CONSIDERATION: In our original CDBG 1997 Budget two (2) separate projects were to be funded. The first was Shellabarger Park and the second was Bullard Subdivision. Both projects were located in Immokalee. Last year the Bullard Subdivision was removed as part of the 1997 CDBG grant package because it no longer met the requirements for federal funding. Because the Bullard project was no longer being funded, Mr. Lawrence Perez (HUI Manager), submitted an amended budget to the Department of Community Affairs (DCA) so that we could use Bullard's allocation to do additional work at the Shellabarger Park site. This amendment was approved by the DCA in February of this year. This budget amendment is being requested to reflect the changes approved by the DCA. The transferred funds into the Shellabarger Park site will be used for paving a portion of Immokalee Drive, to provide better storm drainage and to construct better entrance aprons to Shellabarger Park from Immokalee Drive. A portion of these funds will also be used for the engineering services provided for the Bullard Subdivision project. This item was approved by the DCA as well FISCAL IMPACT: This is only a transfer of funds from the CDBG Project Bullard Subdivision (33021) to the Shellabarger Park project (33020). The Total Cost will be $143,086 GROWTH MANAGEMENT IMPACT: As stated above the transferred funds into the Shellabarger Park site will be used for paving a portion of lmmokalee Drive, to provide better storm drainage and to construct better entrance aprons to Shellabarger Park from Immokalee Drive RECOMMENDATION: That the Board of County Commissioners authorize the Office of Management and Budget to transfer the requested funds from the designated line items to the objecls-codes requested in the BU% Amendment request form. // SUBMITTED BY: j" Date: /:;.' 'Z~ ~ "~'~ ,' '. Blalock, Jr., M& er REVIEWED BY: . ~ _ -- -_ Date: / Greg Mihalic, Director ,A'I'0Ugi~ and Urban Improvement By:~-~j,/,,~_~ /'07' APPROVED c~ ~, ' Date: Vince A. CauteroAICP, Administrator . J/~N 12 999 Community Development & Environmental Services BUDGET AMENDMENT REQUEST ~o,-Budget/Finance Use Only BA#.. 9. i'~..'.. ~. T~Z .~ ........ JE# ................................. B A R~ ............................. A,P.H. Date ..................... FUND TITLE Urban Improvement Grants FUND NO. 121 Date prepared: December 29, 1998 t? Attach Executive Summary BCC Agenda date i-'t ) - c,, Item No. N/A if previously approved. N/A 'e/-:t', "" EXPENSE BUDGET DETAIL Cost Center Title Cost Center No. Project Title ]Project No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 631550 Constr. Manag. 3,086 8,346 11,432 763110 Road &Bridge 80,000 99,374 179,374 763165 Sewer Facilities 60,000 215,600 275,600 TOTAL 143,086 CDBG Grants 138755 Habitat for Human s33021 Cost Center Title Cost Center No. Project Title Project No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) " Budget Budget 631550 Constr. Manag. (3,086) 3,086 0 763110 Road & Bridge (31,200) 31,200 0 763160 Drainage Impr (37,700) 37,700 0 763165 Sewer Facilities (48,100) 48,100 0 763170 Water Facilities (18,500) 18,500 0 763504 Sidewalks (3,300) 3,300 0 763505 Fire Hydrants (1,200) 1,200 0 TOTAL (143,086) REVENUE BUDGET DETAIL Cost Center Title ] Cost Center No. Project Title Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget TOTAL EXPLANATION Why are funds needed: No new funds are being requested for fund 121. However, all Habitat for Humanity line items have been zeroed out due to the fact that this prqj ect was disqualified from receiving CDBG funds in 1998 The money that was zeroed out in Habitat's project is being added to the Shellabarger Park project for additional improvements. The total project cost will still be $750,000, which has remained the same, and is 100% reimbursable by the DCA. Where are funds available? Fund: 121, Cost Center: 138755, Project No.: 33021, Object Codes: 763110,763160,763165,763170, 763504 and 763505. As stated above, the funds that were zeroed out of Habitat's project will be added to Shellabarger Park's project. No new funds will be needed. REVIEW PROCESS Cost Center Director: 'C~ Division Administrator: ',~. Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: EXECUTIVE SUMMARY TO APPROVE A $25,000 BUDGET AMENDMENT FROM FUND121, RESERVES, TO THE CDBG PROJECT SHELLABARGER PARK FOR THE PURPOSE OF CONSTRUCTING SIDEWALKS. OBJECTIVE: To have the Board of Commissioners authorize the Office of Management and Budget to transfer funds from the CDBG Grants "Reserve Contingency" Object Code into the CDBG Shellabarger Park Sidewalk Object Code. CONSIDERATION: Originally, the application for 1997 CDBG funds for infrastructure improvements at Shellabarger Park did not request allocations for sidewalks. Ho~vever, the County Engineer requires that sidewalks be installed in all new developments. While Shellabarger Park is not a new development, its main road, E1 Paso Trail was turned over to the County this year, and is no longer considered a private road. Because this road is now owned by the County, the engineering firm designing the project, Wilkison & Assoc., has designed the infrastructure improvements at Shellabarger Park with the County requirements in mind. This means that sidewalks should be installed. Unfortunately, because the sidewalks were not part of the original 1997 CDBG application to the DCA, the Department of Community Affairs will not reimburse the County for the activity. The Housing and Urban Improvement Department has funds available to pay for these sidewalks so that this development will meet county road requirements. Not only are the sidewalks important so that E1 Paso Trail meets County Road Requirements, but it is also important because there are currently no sidewalks on E1 Paso now. If a new road was constructed, the residents would be forced to walk in the streets if they wanted to walk anywhere in the development. FISCAL IMPACT:. To approve a $25,000 Budget Amendment from CDBG Fund 121 Reserves, for the purpose of constructing Sidewalks in the CDBG Shellabarger Park Project (33020). GROWTH MANAGEMENT IMPACT: The transferred funds into the Shellabarger Park site will be used for the construction of new sidewalks along El Paso Trail, to provide a safer environment for pedestrians in the development and to construct a road with the appurtenances that are required by the County engineering department. RECOMMENDATION: That the Board of County Commissioners authorize the Office of Management and Budget to transfer the requested funds from the designated line items to the objects codes requestedm-t e get Am.e. ndm.ent ' ~st form. S ,.~ Date:/'i) UBMITTED B Do~a!~: ilalock, Jr., Hq~,,ng~and Urban Improv.ement REVIEWED BY: ~ / Greg M~ Director ' Hqh'$.i~g and Urban Improvem'~nt APPROVED BY:"' .;: :.- ,- .' ./;j,f( ~f-~;~/ Date: ~nce X. CaGero AICP, AdminiStrator Community Development & Environmental Services BUDGET A,NIEND1MENT REQUEST ]For Bud,_~y'Financc [~sc O~ \ B,~,~ ..../. '/...'.. ~...'7.. ~ .....~. J~!~ ........................ BAR,~ ........................... A.P.H. Date .................. FUND TITLE Urban Improvemere Grants FUND NO. 121 Date prepared: December 29. 1998 Attach Executive Summary BCC Agenda date Item No. N/A if previously approved. N/A EXPENSE BUDGET DETAIL Reserves J919010 N/A r 00000 Cost Center Title Cost Center No. Project Title Project No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 991000 Reserve Cont. (25,000) 49,100 24,100 0 0 TOTAL (25,000) CDBG Grants 138755 Shellabarger Park 3p3r0o~e0c Cost Center Title Cost Center No. Project Title t No. Object Code Title (Decrease) Bu'h'~get ~ 763504 Sidewalks 25,000 0 25,000 TOTAL 25,000 REVENUE BUDGET DETAIL Cost Center Title Cost Center No. Project Title Pro ect No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget [ TOTAL EXPLANATION Why are funds needed? Originally, the application for 1997 CDBG funds for infrastructure improvements at She!!abarger Park did not request allocations for sidewalks. However, the County Engineer requires that sidewalks be installed in all new developments. While She!labarger Park is not a new development, its main road, El Paso Trail was turned over to the County this year, and is no longer considered a private road. Because this road is now owned by the County, the engineering firm designing the project, Wilkison & Assoc., has designed the infrastructure improvements at Shellabarger Park with the County requirements in mind. This means that sidewalks should be installed. Unfortunately, because the sidewalks were not part of the original 1997 CDBG application to the DCA, the Department of CommuniW Affairs will not reimburse the County for the activity. The Housing and Urban Improvement Department has funds available to pay for these sidewalks so that this development will meet county road requirements. Not only are the sidewalks important so that El Paso Trail meest County Road Requirements, but it is also important because there are currently no sidewalks on El Paso now. If a new road was constructed, the residents would be forced to walk in the streets if they wanted to walk anywhere in the development. Where are funds available? Funds are available in Fund: 121, Cost Center: 919010, Reserve Contingency - Object Code 991000, Project Code: 00000. REVIEW PROCESS DATE Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: EXECUTIVE SUMMARY THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE A 100% IMPACT FEE WAIVER OF ROAD, LIBARAY SYSTEM, PARKS AND RECREATIONAL FACILITIES, EMERGENCY MEDICAL SERVICES SYSTEM, WATER IMPACT FEES, SEWER SYSTEM IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE BUILT BY ANTONIO D. CAMALLERY IN NAPLES MANOR, COLLIER COUNTY, SAID IMPACT FEES TO BE PAID FROM AFFORDABLE HOUSING TRUST FUND (191). The Board of County Commissioners authorize the payment of impact fees and appropriate the funds for 100% waiver of Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees, Water System Impact Fees, Sewer System Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Antonio D. Camallery, with funds form the Affordable Housing Trust Fund, Fund (191). CONSIDERATIONS: ..~-~, Antonio D. Camallery has submitted an application for a 100% waiver of impact fees for one (1) house to be built by Antonio D. Camallery in Naples Manor, Collier County, as a very low income, first time home buyer and qualifies for an impact fee waiver under the provisions of Impact Fee Waiver Ordinances. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund, Fund 191-138785. The total amount of impact fees requested to be waived is $6,779.52. a) Library System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks and Recreational Facilities Regional Parks 179.00 Community Parks 399.00 d) EMS Impact Fee 14.00 e) Educational Systems Impact Fee 1,778.00 f) Water Impact Fee 1,275.00 g) Sewer System Impact Fee 1,575,00 TOTAL IMPACT FEES $6,779.52 JAN 12 1999 Executive Summary Impact Fee Waiver December 28, 1998 Page Two GROWTH MANAGEMENT IMPACT: The impact fee waiver will bring relief for a very low income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: The Board of County Commissioners approve the Resolution authorizing the waiver of impact fees for a home to be built in Naples Manor, Collier County, by Anthony D. Camallery, a very low income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. GM/Ljd 12/28/98 Prepared by: t ' ' Date Greg Mil~alic, Director Housing and Urban Improvement Approved by: Vincent A. Cautero, A.I.C.P., Administrator Community Dev. and Environmental Svcs. jd/c/execsum/camallery JAN 12 1999 I RESOLUTION NO. 99- 2 3 4 5 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER 6 COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER 7 SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, 8 LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL 9 FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL 10 SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM 11 IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ANTONIO D. 12 CAMALLERY ON LOT 10, BLOCK 9, NAPLES MANOR, COLLIER COUNTY 13 FLORIDA. 14 15 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable 16 housing for moderate, low, and very-low income households in the County and the need for creative and innovative 17 programs to assist in the provision of such housing by including several provisions in the Collier County Growth 18 Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, 19 policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 20 2.1.5, and policy 2.1.6 of the Housing Element; and 21 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership 22 Program set forth in Section 420.907 el. seq., Florida Statutes and Chapter 91-37, Florida Adminisu'ative Code; and 23 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use 24 funding from the State Housing Initiatives Parmership [SHIP] Program for waivers of Collier County impact fees; 25 and 26 W'HEREAS, Antonio D. Camallery is seeking a waiver of impact fees; and 27 WHEREAS, Antonio D. Camallery will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot Z8 10, Block 9, Naples Manor which is proposed to sell for Seventy-Seven Thousand Dollars ($77,000.00); and 29 WHEREAS, Antonio D. Camallery, submitted to the Office of Housing and Urban Improvement an ;0 Affordable Housing Application received on October 28, 1998 for a waiver of impact fees for the construction of a ;1 house on Lot 10, Block 9, Naples Manor, a copy of said application is on file in the Housing and Urban ~2 Improvement Department; and 33 WHEREAS, in accordance with Section 3.04 of the Regional Water an&'or Sewer Systems Impact Fee ;4 Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, ;5 as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance~ Ordinance No. 88-96, as ~6 amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the ~7 Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of ;8 the Educational Facilmes System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain ~9 a waiver of impact fees by qualifying for a waiver; and ,0 ;1 WHEREAS, Antonio D. Camallery has qualified for an impact fee waiver based upon the following ~2 representations made by Antonio D. Camallery: A. ,,,'el ing Unit shall be sold ton nrst-time home uyer. 1 B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined 2 in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the 3 "" unit must be within the affordable housing guidelines established in the Appendices to the 4 respective Impact Fee Ordinances. 5 C. The Dwelling Unit shall be the Homestead of the owner. 6 D. The Dwelling Unit shah remain affordable for fifteen (15) years from the date the certificate of 7 occupancy is issued. 8 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 9 COLLIER COLIN'IT, FLORIDA, that: 10 I. The Board of Counts' Commissioners hereby authorizes the County Administrator to issue an 11 authorization for waiver of impact fees to Antonio D. Camallery for one (1) house which shall be 12 constructed on Lot 10, Block 9, Naples Manor, Collier County, Florida. 13 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of 14 impact fees signed by Antonio D. Camallery, and/or the purchaser, or other documentation 15 acceptable to the County Attorney, the Board of County. Commissioners hereby authorizes the I6 payment by Collier County of the following impact fees ti-om the Affordable Housing Trust Fund, i7 Fund (19I), in the following amounts for the one (1) house to be built on Lot 10, Block 9, Naples ! 8 Manor by Antonio D. Camallery: 29 A. LibraD, Impact Fee S 180.52 20 B. Road Impact Fee 1,379.00 21 C. Parks and Recreational Facilities 22 Impact Fee: 23 ( 1 ) Community Parks 399.00 '.4 (2) Regional Parks 179.00 :5 D. EMS impact Fee 14.00 Z6 E. Educational Facilities System -'7 Impact Fee 1,778.00 '-8 F. Water Impact Fee 1,275,00 29 G. Sewer Impact Fee S 1.575.00 ~0 TOTAL IMPACT FEES $6,779.52 ~1 3. The payment of impact fees by Collier Counts, is subject to the execution and recordation of an ;2 agreement for waiver of Collier County Impact Fees between the property owner and/or ~3 purchaser and the County. 14 ~5 ~7 2 - J/XN 12 1999 Pci. q -...-.----- 1 2 This Resolution adopted after motion, second and majority vote favoring same. 3 4 5 DATED: 6 7 ATFEST: BOARD OF COUNTY COMMISSIONERS 8 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 9 10 11 By: 12 ,Chairman 13 14 15 Approved as to form and 16 legal sufficiency: 17 20 Heidi F. Ashton 21 Assistant County Attorney 22 23 24 jci/f/reso/camallery 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 43 ~,4 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 50 51 62 63 - 3 - ,JAN I 2 7999 1 2 3 4 5 ~ EXHIBIT "A" 6 7 LEGAL DESCRIPTION 8 9 10 11 LOT 10 OF BLOCK 9, NAPLES MANOR, ACCORDING 12 TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 13 3, AT PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER 14 COUNTY, FLORIDA. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ' ~ ' JAN I g 'f999 1:'9. t AGREEMENT FOR WAIVER OF 100% OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this ~ day of ~, 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Antonio D. Camallery, hereinafter referred to as "OWNER". WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69, they may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing, and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department, and WHEREAS, the County Administrator or his designee has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance, and JAN 12 1999 7 .. "' WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver, and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- at its regular meeting of ., 1999, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TER/~I. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. OWNER maintains a household with a very low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the ---- Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; JAN 12 1999 2 pg. ~' b. OWNER is a first time home buyer; c. The Dwelling Unit shall be the homestead of the OWNER; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit, and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed : in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued, and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the JAN 12 1999 3 "' COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement: (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by -'-- OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effec live d~~~ t JAN 12 1999 4 this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Except as provided in Paragraph 7 such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNER: nn~/tT",,,~ ,,',--','-'~"~ ,",'e,'-- ~/(a/~re of Owner 5 JAN STATE OF ~ _ COUNTY OF ~ The foregoing instrument was acknowledged before me this ;,~ day of ,/~_~-.~ . , 1998, by ,~-~.-Z, ,/). ~~~y wh ' (or produced ~ ~ - ~ - ~ - ~ ~s identification). ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By. Chairman Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney j d/f/agreement/camall ery JAN 12 1999 .___ EXHIBIT "A" LEGAL DESCRIPTION LOT 10, BLOCK 9 OF NAPLES MANOR UNIT 1 ACCORDING TO THE PLAT THEREOF OF RECORD IN PLAT BOOK 3, PAGE 67 AND 68 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. J/~N 12 1999 7 ~ER: _~nf~,:o--, C ._~..~ /I¢. ~-z '- LOT.-../O BLOCK:'_ ? _ ' LEGAL:_' /V~A/~/,r)~,~__,, ~g,4~ SUBDIVISION, -' ~_/~ ~r JAN 1 g 1999 EXECUTIVE SU~iMARY THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE A 50o/o WAIVER/50'¼, DEFERRAL OF ROAD, LIBARAY SYSTEM, PARKS AND RECREATIONAL FACILITIES, EMERGENCY MEDICAL SERVICES SYSTEM, AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR A THREE BEDROONI HOI;SE TO BE BUILT BY HENRY C. NONHOMME AND MARIE L. ALEXANDRE IN GOLDEN GATE, COLLIER COUNTY, SAID IMPACT FEES TO BE PAID FROM AFFORDABLE HOUSING TRUST FUND (191). OBJECTIVE: The Board of County Commissioners authorize the payment of impact fees and appropriate the funds for a 50% waiver/50% deferral of Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees and Educational Facilities System Impact Fees for one house to be built by Henry C. Nonhomme and Marie L. Alexandre, with funds form the Affordable Housing Trust Fund, Fund (191). CONSIDERATIONS: Henry C. Nonhomme and Marie L. Alexandre have submitted an application for a 50% waiver/50% deferral of impact fees for one (1) house to be built by HenW C. Nonhomme and Marie L. Alexandre in Golden Gate, Collier County, as a low income, first time homebuyer family and qualify .for an impact fee waiver/deferral under the provisions of Impact Fee Waiver and Deferral Ordinances. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund, Fund 191-138785. The total amount of impact fees requested to be waived/deferred is $3,929.52. a) Library System Impact Fee S 180.52 b) Road Impact Fee 1,379.00 c) Parks and Recreational Facilities Regional Parks 179.00 Community Parks 399.00 d) EMS Impact Fee 14.00 e) Educational Systems Impact Fee 1,778.00 TOTAL IMPACT FEES $3,929.52 GROWTH MANAGEMENT IMPACT: The impact fee waiver/deferral' will bring relief fo~ a low income family in con~p'liaj~ 12 1999 with Policy 1.5.2 of the Housing Element of the Growth Management Plan. Executive Summary "" Impact Fee Waiver/Deferral December 28, 1998 Page Two RECOMMENDATION: The Board of County Commissioners approve the Resolution authorizing the waiver/deferral of impact fees for a home to be built in Golden Gate, Collier County, by Henry C. Nonhomme and Marie L. Alexandre, a low income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds. GM/jd 12/28/'98 Prepared by: " ~77 Date M.~fi 'Director ......... Greg rid, Housit~g and Urban Improvement Approved by: ~~'~' ~ rote/4 '~? / -~o0 Vincent A. Cautero, A.I.C.P., Administrator Community Dev. and Environmental Svcs. jd/c/execsurn/nonalcx JAN 12 1999 1 RESOLUTION NO. 99- 2 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, 4 COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER/50% 5 DEFERRAL OF REGIONAL LIBRARY SYSTEM IMPACT FEES, 6 PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD 7 IMPACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT 8 FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR 9 ONE HOUSE TO BE CONSTRUCTED BY HENRY C. NONHOMME 10 AND MARIE L. ALEXANDRE AT 4458 17TH COURT S. W., GOLDEN i 1 GATE, COLLIER COUNTY, FLORIDA. 12 13 14 WHEREAS, Collier County has recognized and attempted to address the lack of adequate 15 and affordable housing for moderate, low, and very-low income households in the County and 16 the need for creative and innovative programs to assist in the provision of such housing by 17 including several provisions in the Collier County Growth Management PImp, including: 18 objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3. policy 1.5.4, policy 1.5.5, 19 policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, polic? 2.1.1, policy 2.1.2, policy 2.1.3, 20 policy 2.1.5, and policy 2.1.6 of the Housing Element; and 21 WHEREAS, Collier County has received funding pursuant to the State Housing 22 Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 23 91-37, Florida Administrative Code; and 24 V~rHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is 25 authorized to use funding from State Housing Initiatives Parmership [SHIP] Progran~ for waivers 26 of Collier County impact fees; and 27 WHEREAS, Henry C. Nonhomme and Marie L. Alexandre are seeking a 50% 28 waiver/50% 29 30 deferral of 100% of impact fees; and 31 32 WHEREAS, Henry C. Nonhonnne and Marie L. Alexandre will construct one (3) three 33 bedroom unit (the "Dwelling Unit") at 4458 17th Court S. W., Golden Gate, Collier County, 34 Florida, which is proposed to cost One Hundred Three Thousand Five Hundred and Fifty Dollars 35 ($103,550.00); and 36 WHEREAS, the Dwelling Unit will be owned by a low income household, and 37 WHEREAS, Henry' C. Nonhomme and Marie L. Alexandre submitted to the office of 38 Housing and Urban Improvement an Affordable Housing Application dated September 30, 1998 39 for a 50% waiver/50% deferral of impact fees for the construction of a house at 4458 17th Court, 1 JAN i 2 1999 1 S.W., Golden Gate, Collier County, Florida, a copy of said application is on file in the 2' "' Housing and Urban Improvement Department; and 3 WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee 4 Ordinance, Ordinance No. 88-07, as mended; Section 4.05 of the Parks and Recreational 5 Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road 6 Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency 7 Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 8 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as 9 mended; an applicant may obtain a 50% waiver/50% del~n'al of impact fees by qualifying for a 10 waiver; and 11 WHEREAS, Henry C. Nonhomme and Marie L. Alexandre have qualified for a 50% 12 waiver/50% deferral based upon the following representations made: 13 A. The Dwelling Unit shall be owned by a first-time home buyer. 14 B. The Dwelling Unit shall be owned by a household with a low income level as that 15 term is defined in the Appendices to the respective Impact Fee Ordinances and the If monthly payment to purchase the unit must be within the affordable housing 17 guidelines established in the Appendices to the respective Impact Fee Ordinances. 18 C. The Dwelling Unit shall be the Homestead of the owner. 19 D. The Dwelling Unit shall remain affordable for fifteen (15) 3'ears from the date the 20 certificate of occupancy is issued. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMi~IISSIONERS OF COLLIER COUNTY, FLORIDA. that: 23 1. The Board of County Commissioners hereby authorizes the Count.,,' Administrator to 24 issue an Authorization for 50% waiver,'50% det'en'al of impact fees to Hem',' C. 25 Nonhomme and Marie L. Alexandre for one { 1 ) house which shall be constructed at 26 4458 17th Court S. W., Golden Gate, Collier County, Florida. 27 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for 28 waiver/deferral signed by Henry C. Nonhomme and Marie L. Alexandre, or other 29 documentation acceptable to the County Attorney, the Board of Conroy 3 Commissioners hereby authorizes the payment bx Collier County of the following 2 J A N 1 g 1999 1 impact fees from the Affordable Housing Trust Fund, Fund (191), in the following 2 amounts for the one (1) house to be built at 4458 17th Court, S. W., Golden Gate, 3 Collier County, Florida by Henry C. Nonhomme and Marie L. Alexandre: 4 a) Library Impact Fee $ 180.52 5 b) Road Impact Fee 1,379.00 6 c) Parks and Recreational Facilities 7 Impact Fee 8 Regional Parks 179.00 9 Community Parks 399.00 i0 d) EMS Impact Fee 14..00 11 e) Educational Systems Impact Fee 1.778.00 12 13 TOTAL IMPACT FEES $3,929.52 14 3. The payment of impact fees by Collier County is subject to the execution and 15 recordation of an Affordable Housing Agreement for payment of Collier County 16 Impact Fees between the property owner and, or purchaser and the County. 17 This Resolution adopted after motion, second and majority vote favoring same. 18 DATED: 19 20 ATTEST: BOARD OF COUNTY 21 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 22 23 24 25 , Chaim~an 26 27 28 29 30 Approved as to form and 31 legal sufficiency 32 .. 33i ,:. ./"/,.' ', 35 Heidi F. Ashtdn 36 Assistant County Attorney 37 38 39 40 jd./cireso,hommealex 41 42 43 44 45 46 47 48 49 50 51 52 53 54 3 J/XN 12 1999 1 2 3"" 4 5 6 EXHIBIT "A" 7 8 9- 10 LOT 11, BLOCK 33, GOLDEN GATE, UNIT 2, ACCORDING TO THE PLAT THEREOF, AS 11 RECORDED IN PLAT BOOK 5, PAGES 65 THROUGH 77, OF THE PUBLIC RECORDS OF 12 COLLIER COUNTY, FLORIDA. 13 JAN 1 g 1999 DEC-!0-1998 04~34 J/~N 1 Z 1999 AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this day of ., 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Henry C. Nonhomme and Marie L. Alexandre, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County ..__ Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 50% waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying "" the project as eligible for an impact fee waiver/deferral and ~I/~N ! 2 ~999 1 WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER embodied in Resolution No. 99-_ at its regular meeting of ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WALRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling L~' _ 0.,~ and JAN 12 1999 2 e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,169.52 pursuant to the Impact Fee Ordinance. In return for the 50%waiver/50% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is .---- issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the defen'ed impact fees, the COUNTY shall, at tl~e expense of the COUNTY. record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. """ 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, succ, assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees are paid in full or until the conditions set forth in the h:npact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the hnpact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OVv'NER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this tl Agreement. In addition, the lien may be foreclosed or otherwise enforced by ~6' ' JAN 12 1999 4 COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. Witnesses: (2) OWNER: Print Nam~"'Gcz,-,/-; f~,~ ,,, I-ienry .d'f'Nonhomm~ Witnesses: (2) OWNER: e&xa~l re~~Z2pT~~ Print Name~_.2~ r,-,~A~ ~ff~;,z;Z,',,~ A1 d ~dnt Name 7~e Z~za;~ STATE OF ,_~';z~.~/2,_ ) COUNTY OF ~_/2,,_/~,~.,/ ) The foregoing instrument was acknowledged before me this // day of ~/-~~ , 1998, by Henry C. Nonhomme. He is personally known to me.s,r. .-,~,,,4,,,-,~4 ...... (type ufidcnti~eation) as id~nti~ea~on. [NOTARIAL SEAL] ~nature Of Per'so'n Taking AZknowledgment STATE OF~~-~,- ) COUNTY T~/)2~.., instrument was acknowledged before me this // day of , 1998, by Marie L. Alexandre. She is personally known to me.-en, --oduccd .,,.... ofidenfi~emi~eatiorr. }.n \,,Jl..,~ [NOTARIAL SEAL] . ,.-~c--..~..-,zj t~-i---, ._ "~n~ture of Person Taking Ack~wledgment DATED: BOARD OF COUNTY COMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: , Chairman Approved as to form and legal sufficiency ,' / ,/, , I, - ~. Heidi F. Ashton Assistant County Attorney j d/c/agreementPnommealex 6 J/~N 12 1995 EXHIBIT "A" LEGAL DESCRIPTION Lot 11, Block 36, Golden Gate, Unit 2, according to the Plat thereof of record in Plat Book 5, Pages 65 through 77, of the public Records of Collier County, Florida. JAN 1 g 1999 JAN 12, 1999 __pg._/5' EXECUTIVE SUMMARY THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE A 100% IMPACT FEE WAIVER OF ROAD, LIBARAY SYSTEM, PARKS AND RECREATIONAL FACILITIES, EMERGENCY MEDICAL SERVICES SYSTEM, WATER IMPACT FEES, SEWER SYSTEM IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE BUILT BY HOMOBONO LOPEZ AND IRENE LOPEZ IN NAPLES MANOR, COLLIER COUNTY, SAID IMPACT FEES TO BE PAID FROM AFFORDABLE HOUSING TRUST FUND (191). OBJECTIVE: The Board of County Commissioners authorize the payment of impact fees and appropriate the funds for 100% waiver of Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees, Water System Impact Fees, Sewer System Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Homobono Lopez and Irene LopeL with funds form the Affordable Housing Trust Fund, Fund (191). CONSIDERATIONS: Homobono Lopez and Irene Lopez have submitted an application for a 100% waiver of impact fees for one (1) house to be built by Homobono Lopez and Irene Lopez in Naples Manor, Collier County, as a very low income, first time home buyer and qualify for an impact fee waiver under the provisions of Impact Fee Waiver Ordinances. FISCAL IMPACT: Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund, Fund 191-138785. The total amount of impact fees requested to be waived is $6,779.52. a) Library' System Impact Fee $ 180.52 b) Road Impact Fee 1,379.00 c) Parks and Recreational Facilities Regional Parks 179.00 Community Parks 399.00 d) EMS Impact Fee 14.00 e) Educational Systems Impact Fee 1,778.00 f) Water Impact Fee 1,275.00 g) Sewer System Impact Fee 1,575.00 .""' TOTAL IMPACT FEES $6,779.52 .... J/ N 12 1999 "" Executive Summary Impact Fee Waiver December 28, 1998 Page Two GROWTH MANAGEMENT IMPACT: The impact fee waiver will bring relief for a very low income family in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: The Board of County Commissioners approvc. ,,he Resolution authorizing the waiver of impact fees for a home to be built in Naples Manor, Collier County, by Homobono Lopez and Irene Lopez, a very low income family, and to pay for these impact fees with State Housing Incentive Partnership (S.H.I,P.) program revenue funds. GM/jd 12/28/98 Prepared by: / Greg Mihalic, 12Yi'rbct~r Housing and Urban Improvement Approved by: Date '8/' Vincent A. Cautero, A.I.C.P., Administrator Community Dev. and Environmental Svcs. jd/c/execsura/lopez JAN 12 1999 1 RESOLUTION NO. 99- 2 3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, 4 COLLIER COUNTY, FLORLDA, AUTHORIZING WAIVER OF 5 REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER 6 SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS 7 AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT 8 FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND 9 EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE 10 TO BE CONSTRUCTED BY HOMOBONO LOPEZ AND IRENE LOPEZ 11 ON LOT 24, BLOCK 9, NAPLES MANOR ADDITION , COLLIER 12 COUNTY FLORIDA. 13 14 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable 15 housing for moderate, low, and very-low income households in the County and the need for creative and 16 innovative programs to assist in the provision of such housing by including several provisions in the Collier 17 County Growth Management Plan, including: objective 1.4. policy 1.4.1; objective 1.5, policy 1.5.2, policy 18 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3: objective 2.1, policy 2.1.1, policy 19 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and 20 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives 21 Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida 22 Administrative Code; and 23 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use 24 funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County ~mpact 25 fees; and 26 WHEREAS. Homobono Lopez and Irene Lope/are seeking a waiver of impact fees; and 27 V~q-IEREAS, Homobono Lopez and Irene Lopez will construct one (1) three-bedroom umt (the 28 "Dwelling Unit") on Lot 24. Block 9, Naples Manor Addition which is proposed to sell for Sixty-Seven 29 Thousand Dollars ($67,000.00); and 30 V~,qtEREAS, Homobono Lopez and Irene LopeL submitted to the Office of Housing and Urban 31 Improvement an Affordable Housing Application received on October 15, 1998 for a waiver of impact fees 32 for the construction of a house on Lot 24, Block 9, Naples Manor Addition, a copy of said application is on 33 file in the Housing and Urban Improvement Department; and 34 WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact 35 Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library, System i' '., ~ t-ee Ordinance, Ordinance 36 No. 88-97, as amended; Section 4.05 of the Parks and Recreanonal Facilities Impact Fee Ordinance, 37 Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as 38 amended; Secnon 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 39 91-71, as amended; and Section 3.05 of the Educational Facihties System Impact Fee Ordinance, Ordinance 40 No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and JAN 1 g 1999 1 WHEREAS, Homobono Lopez and Irene Lopez have qualified for an impact fee waiver based upon the Following representations made by Homobono Lopez and Irene Lopez: 3 A. The Dwelling Unit shall be sold to a first-time home buyer. 4 B. The Dwelling Unit shall be sold to a household with a very low income level as that term is 5 defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment 6 to purchase the unit must be within the affordable housing guidelines established in the 7 Appendices to the respective Impact Fee Ordinances. 8 C. The Dwelling Unit shall be the Homestead of the owner. 9 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate 10 of occupancy is issued. 11 NOW IHEREFORE, BE IT RESOLVED BY THE BOAR,r` OF COUNTY COMMISSIONERS OF 12 COLLIER COUNTY, FLORIDA. that: 13 1. The Board of County Commissioners hereby authorizes the Counb' Administrator to issue an 14 authorization for waiver of impact fees to Homobono Lopez and Irene Lopez ibr one (1) 15 house which shall be constructed on Lot 24, Block 9, Naples Manor Addition. Collier 16 Counb', Florida. 17 2. Upon receipt by the Housing and Urban Improvemen' r. · ~ !~ of an agreement for waiver of -"'*'~ impact fees signed by Homobono Lopez and Irene pez, and/or the purchaser, or other documentation acceptable to the Count)' Attomey~ the Board of County Commissioners 20 hereby a,uthorizes '~he payment by Collier County of the following impact fees from the 21 Affordable Housing Trust Fund, Fund (191). in the following amounts for the one (1) house 22 to be built on Lot 24, Block 9, Naples Manor Addition by Homobono Lopez and Irene 23 Lopez: 24 A. Library Impact Fee $ 180.52 25 B. Road Impact Fee 1,379.00 26 C. Parks and Recreational Facilities 27 Impact Fee: 28 ( t ) Community Parks 399.00 29 (2) Regional Parks 179.00 30 D. EMS Impact Fee 14.00 31 E. Educational Facilities System 32 Impact Fee 1,778.00 33 F. Water Impact Fee 1,275.00 34 G. Sewer Impact Fee $1.575.00 TOTA~L IMPACT FEES $6,779,52 JAN 12 1999 1 3. The payment of impact fees by Collier County is subject to the execution and recordation 2 of an agreement for waiver of Collier County Impact Fees between the property owner 3 an~or purchaser and the County. 4 This Resolution adopted after motion, second and majorit3.' vote favoring same. 5 6 DATED: 7 8 ATTESI: BOARD OF COUNTY COMMISSIONERS 9 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 10 11 12 By: 13 ,Chairman 14 15 16 Approved as to form and 17 legal sufficiency: 20 Heidi F. Ashton 21 Assistant County Attorney 22 23 jcL/f/reso/lopez 24 25 26 27 28 29 30 JAN 12 1999 1 5 6 EXHIBIT "A" 7 8 LEGAL DESCRIPTION 9 10 Lot 24, Block 9, Naples Manor Addition, according to the Plat 11 thereof of record in Plat Book 3, Pages 66 through 67, of the 12 public Records of Collier County, Florida. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 JAN i g 1999 P(~. LQT,:_,~:~ BLOCK:'. LEGAL: '__~.¢?/~/,,,'x2~o,,, ~ .,/. JAN 18 7999 ] AGREEMENT FOR WAIVER OF 100% OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this day of ., 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COL~<TY'' and Homobono Lope7. and Irene Lopez, hereinafter referred to as "OWNER." WITNESSETH: WHEP,~EAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier .._. County Educational Facilities System Impact Fee Ordinance, Collier County Ordinance No. 98- 69, Regional Water and/or Sewer Systems Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEP,_EAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the ~ project as eligible for an impact fee waiver and f~g· ,. ~7 ~ WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-__ at its regular meeting of ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit: and ~o~gi~.-Y 2 JAN 12 1999 e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent puT.:'. :r or renter, the Dwelling Unit shall be sold only to households meeting the criteria set ionh in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen }'ears after the date the certificate of occupancy is issued. 7. LIEN. The waived impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said i n~pac~f~.yd't~,~.~t 3 JAN 12, 1999 are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by tile Chainnan of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by O~2x/ER within 30 days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or oth:': r, crson except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real NA N ,,~ property. This remedy is cumulative with any other right or remedy avai .able t~ 4 JAN 12 19cJJ COUNTY. The Board shall be entitled to recover all attomey's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: (2) OWNER: Print Name ~,"-,~,,./,- (~',',4'~-,-~ I-~mobono L~e( ~Name x~~ *~ ~ tZ Witnesses: (2) OWNER: Print Name (--~ra,.r.. ~',~c. 4 Irene Lopez ,, The foregoing instrument was acknowledged before me this ~,-~ day of j-~//j~..e-,--,,~--~., ,199~, by Homobono Lopez. I le is ......... ,~,, b ...... to-me4~ produced ~/~ -~ ~--~ -/~ T/(t~e of identification) as identification. [NOTARIAL SEAL] ~ature of Person Takihg Ac~o~gment STATE.OF ) ~. N~a~.~ COUNTY 7OF ) o,~ MY ~=:o~fa~J3~,2 5 JAN 12 1999 STATE OF COUNTY OF~,~2~.5 ) The foregoing instrument was ac~owledged b~for~ me this ~ day of ~~~ , 199~by Irene Lopez. Sh~ i~ personall~ ~~ or produced ~Z/~ ~--2-~ qg3 '~ (t~e of identification) as identification. [NOTARIAL SEAL] c55~nature of Perso~ Taking Ackn~gent DATED: BOARD OF COUNTY COMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk By: Chairman Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney jd/c/agreementAopez 6 J A N 12 1999 pg. EXHIBIT "A" LEGAL DESCRIPTION Lot 24, Block 9, Naples Manor Addition, according to the Plat thereof of record in Plat Book 3, Pages 66 through 67, of the public Records of Collier County, Florida. 7 JAN 12 1999 ATa r-/-/,~ _~' 't-'. OWL',,IER: o LO_T.:~ BLOCK:'- _C~,_ __ _. LEGAL:;:/V_~_/_~ SUBDIVISION, ' Wc, a · ../. ....... JAN 1 EXECUTIVE SUMMARY WAIVER OF ROAD IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITY IMPACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES, WATER SYSTEM IMPACT FEES, SEWER SYSTEM IMPACT FEES AND EDUCATIONAL FACILITY SYSTEM IMPACT FEES FOR THREE (3) SINGLE FAMII,Y HOUSES TO BE BUILT BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. IN NAPLES MANOR AND TO FUND SAID WAIVERS FROM AFFORDABLE HOUSING TRUST FUND, FUND 191. To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for the waiver of Road Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees, Emergency Medical Services System Impact Fees, Collier County Regional Water Impact Fees, Collier County Regional Sewer Impact Fees, and Educational Facility System Impact Fees, for three (3) houses to be built by Habitat for Humanity of Collier County, Inc. with funds from the Affordable Housing Trust Fund, Fund 191. CONSIDERATIONS: Habitat for Humanity of Collier County, Inc. has submitted application for waiver of impact fees for the purchasers of three (3) houses to be built in Naples Manor that will sell to very low income families for approximately $46,500 each. The homes will be built on the following described properties. Lot 12, Block 11, Naples Manor Addition, Plat Book 3 at Page 87 Lot 26, Block 11, Naples Manor Extension, Plat Book 3 at Page 87 Lot 27, Block 11, Naples Manor Extension, Plat Book 3 at Page 87 FISCAL IMPACT; Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund, Fund 191-138785. The total amount of impact fees requested to be waived is $20,338.56. Impact fee charges for the three (3) houses in Naples Manor would be itemized as follows: Unit 3 Houses a) Library System Impact Fee $ 180.52 $ 541.56 b) Road Impact Fee 1,379.00 4,137.00 c) Parks & Recreational Impact Fee 1 ) Community Parks 399.00 1,197.00 2) Regional Parks 179.00 537.00 d) Emergency Services Impact Fee 14.00 42.00 P e) Water Impact Fee 1,275.00 3,825.00 f) Sewer Impact Fee 1,575.00 4,725.00 .*o~~~l g) School Impact Fee 1,778.00 5.334.00 TOTAL IMPACT FEES $6,779.52 $ 20,338.56 ,JAN 12 1999 Executive Summary Habitat for Humanity December 9, 1998 Page Two GROWTH MANAGEMENT IMPACT: The impact fee waivers will bring relief to the buyers of housing for very low income families in compliance with policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: That the board of County Commissioners approve the Resolutions and Agreements authorizing the waiver of impact fees for three (3) homes to be built in Naples Manor by Habitat for Humanity of Collier County, Inc. for very low income buyers and to pay for these impact fee waivers with State Housing Incentive Partnership [SHIP] program revenue funds. GM/jd/12/09/98 PREPARED BY: " ' ' ,~ ' Date APPROVED B~7_~,~/- Vincent A. Cautero, AICP, Administrator Date Community Dev. And Environmental Svcs. jd/c/naples manor JAN 12 1999 EXECUTIVE SUMMARY THE BOARD OF COUNTY COMMISSIONERS SIGN THE PARTIAL RELEASE OF LIEN TO CORRECT A SCRIVENER'S ERROR REMOVING THE LIEN AGAINST A PORTION OF TRACT 123, GOLDEN GATE ESTATES, UNIT NO. 18. OBJECTIVE: To remove a portion of the lien which was inadvertently placed on all of Tract 123, Golden Gate Estates, Unit 18 as a result of an agreement with Linda J. Rodgers for waiver/deferral of Collier County impact fees. CONSIDERATIONS: On May 20, 1997 Collier County entered into an agreement with Linda J. Rodgets, a low income family, for waiver/deferral of Collier County impact fees using funding from the State Housing Initiatives Partnership [SHIP] which was recorded in Official Records Book 2316, Page 1052 of the Public Records of Collier County. The lien was inadvertently placed against all of Tract 123. The attached Partial Release of Lien removes the lien created by the Agreement except for the South 150 feet of Tract 123. FISCAL IMPACT: None RECOMMENDATIONS: The Board of County Commissioners sign the Partial Release of .--- Lien directirig the Clerk of the Circuit Court to record the Partial Release of Lien in the Official Records of Collier County to acknowledge that the lien ceases to exist against the property described therein. GM/jd 12/11/98 PREPARED BY: Greg Mihalic, Director Date Housing and Urban Improvement Dept. APPROVED BY: · t/ Vincent A. Cautero, AICP, Administrator Date Community Dev. and Environmental Services JAN 1 B 1999 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PELICAN MARSH UNIT TWENTY - TWO", AND APPROVAL OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Pelican Marsh Unit Twenty - Two" a subdivision of lands located in Section 35, Township 48 South,'Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Pelican Marsh Unit Twenty - Two". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and a Performance Bond. This would be in conformance with the County Land -~-- Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Pelican Marsh Unit Twenty - Two" be approved for recording. FISCAL IMPACT: The fisca{ impact to the County is as follows. The project cost is $313,297.75 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer $128,217.00 b) Drainage, Paving, Grading $185,080.75 The Security amount, equal to 110% of the project cost, is $344,628.00 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $6146.55 Fees are based on a construction estimate 87y-~a~ $313,297.75 and were paid in October, 1998. JAN 12 1999 eg. / Executive Summary --- Pelican Marsh Unit Twenty - Two Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 435.84 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $ 641.09 Drainage, Paving, Grading (.425% const. est.)-$ 786.59 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $1923.26 Drainage, Paving, Grading (1.275% const. est.) - $2359.77 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of ,__ "Pelican Marsh Unit Twenty - Two" with the following stipulations: 1. Accept the Performance Bond as security to guarantee completion of the subdivision improvements. 2. Authorize the recording of the Final Plat of "Pelican Marsh Unit Twenty - Two". 3. Authorize the Chairman to execute the attached construction and maintenance agreement. 4. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. 'JAN 12 1999 Executive Summary Pelican Marsh Unit Twenty ~ Two Page 3 PREPARED BY -' John R. ~{oul~orth, Senior Engineer Date Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Date Engineering Review Manager .... ,., AI Date , CP Planning Services Department Director APPROVED BY: / , ~,-~---, /,". , ~ , . <, ,::, ~ , , _ . .... : _ ~.. · ~. ~ ~ :-/.. :~ -, ~< , . --,. Vincent A. Cau~ero, ~ICP, A~istrator Date Community Development & Environmental Services Community Dev. and Environmental Svcs. DZVISZO~ JR~/ew JAN 12 1999 / TRCK~ LAK[S PROJECT SITE CONSTRUCTION A MAINTENANCE AGREEMENT FoR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION and MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of ., 19__ between WCI Communities, Limited Partnership, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Access Road #3 at Pelican Marsh Unit 22 B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: a +1500 Roadway on +2.71 acres which includes roadwork, storm drainage, sanitary sewer, potable water, irri~ation and earthwork. within 18 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof') in the amount of $344,628 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development code, collier county may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After, the oX'~7~ year maintenance period by the Developer has terminated, the Developer sha I peti~~ F:\98-0075 Pelican Marsh West - Pine Lakes Drive\Permitting Documents\Construction & Maintenance Agreement for Subdivisiol lmprovcments.cloc Jfl~N 51 1 the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if ~_. found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the Cotinty. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the even the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the fight to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. F:\98-0075 Pelican Marsh West - Pine Lakes DriveNPermitting Documents\Construction & Maintenance Agreement for Subdivis m Improvements.doc 2 J/~N 12 '[999 ~Pg. ~ IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly. authorized representatives this ~. day of ., 1 SIGNED, SEALED and DELIVERED IN 7;~CC~' WCI Communities, Limited Partnership v t/- i Printed Name XJ ~) Printed Name ald Title' [ · / W~mess Printed Nine ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA Deputy Clerk Chairman Heidi F. Ashton Assistant County Attorney F:X98-0075 Pelican Marsh West - Pine Lakes Drive\Permitting Documents\Construction & Maintenance Agreement for Subdivisiot Jmprove.,en~.doc JAN 1 g 1999 3 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND BOND NO. 15-007-549 KNOW ALL PERSONS BY THESE PRESENTS: that WCI Communities Limited Partnership 24301 Walden Center Drive Bonita Springs, Florida 34134 (hereinafter referred to as "Owner") and Liberty Mutual Insurance Company Boston, Massachusetts (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Three Hundred Forty-four Thousand Six Hundred and Twenty-eight Dollars ($344,628.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBILIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Pine Lakes Drive - Unit 22 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall --- commence on the date this Bond is executed and shall continue until the date of the final acceptance by the Board of County Commissioners of the specific improvements described in the Land development regulations (hereinafter the guaranty period). NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FLIRTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, exte.nsion of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. --- IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 28hhday of October, 1998. JAN 1 g 1999 DATED as of this 281h day of ~, 1998. "~>ch~-=,-,~ ~~'~c~_~ WCI Communities Limited Pa~ership, Wimess-Si~amre a Delaware limited pa~nership Witness-Printed Nine Wimess-Si~amre ~~///~ Steven C. Adelman ~/~ ~ - Vice Presiden~re~urer Wimess Printed N~e State of ~ ~ County of ~ The foregoing instrument was acknowledged before me by Steven C. Adelman, Vice President/Treasurer on behalf of WCI Communities Limited Partnership, a Delaware limited partnership. Personally known X or produced identification __ Type of identification produced <,,,,,,-,,, yJ,." ~nd.%~. C%y~,Tcfa,,, Public p(er~enally Known [ I Other I D. n Expires: ,.~~UNTER~G ; ,. Notary Printed Name t., esideCgeht NANCY F~. ZALESKI ' Y JAN 1 g 1999 .' THISTPOWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 3 9 8 2 6 0 This POwer of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: ThAt Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, HARRY A. DINGER, JR., JOHN D. MILLER, DIANA FIGUEROA, NATALIE REINGOLD, ALL OF THE CITY OF NEW YORK, STATE OF NEW YORK ............................................................ , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding =:L""rV u,,: :,-t,.:******~;~====~=-'************* DOLLARS ($ 50 000 000 ***:'~***) each, and the execution of such bonds or t;n"ae~k~T~5'~'"r~'l~Tjrsuance of these presents, shall be as bind ng upon the Company'as ~'they had been duly s gned by the pres dent and attested by .,_- the secretary'of the Company in their own proper persons. ~) That this power is made and executed pursuant to and by authority of the following By-law and Authorization: · ~ o ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. .x t~ Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such e. ~ limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the ~, ~ company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety - .~ obligations Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the ~ ~ company (3'y their signature and e;~ecution of any such instruments and to attach thereto the seal of the company. When so executed such kk. ~3~ instruments shall be as binding as if signed by the president and attested by the secretary. .,-. :3 By the fo oWng instrument the cha' ma o e p pp y - - : II ~ir n r th resident has authonzed the officer or other official named there~n to a o~nt attorne s ~n fact ~ > Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. EIliott is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, -- bonds, recognizances and other surety obligations. ~ ~at the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. Or... ' IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance ~ ~ Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 29th day of July 19 97 c t~. LIBERTY MUTUAL INSURANCE COMPANY 1= ~ Garne"~'T~, ~ ~ista~ ~a~' O._ E ,~ COMMONWEALTH OF PENNSYLVANIA ss O ~ COUNTY OF MONTGOMERY · - rJ On this 29th day of July A.D. 19 97 , before me, a Notary Public, personally came the individual, known to .,-, ." gad that he executeu;j~~ hj~j~~~~seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate o = seal and his signat ~ tJ z ^ " ~ ~ ' was duly affixed and subscribed to the said instrument by authority and direction of the said company. IN set ' , , ar first above written. ~ ~ \ ,-~ ,~ ~ :',:, ," ~"; ,r ' , . ' :,- NotaW Public ' / ' ';" 'E ~ :" J J:'' .2':': ~ERTIFICATE foregoing is a full, true and ~ct copy, is in full force and effect on the date of this cedificate; and I do fu~her ce~ify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any a~orney-in-fact as provided in Adicle XVI, Section 5 of the By-laws of LibeRy Mutual Insurance Company. This cedificate may be signed by facsimile under and by authority of the following vote of the board of directors of LibeRy Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the tacsimile or mechanically reproduced signature of any assistant secreta~ of the company wherever appearing upon a ce~ified ~ copy of any power of attorney issued by the company, shall be valid and binding upon the company with the =m~ fnme an~e~fect as d f .,~ TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this ' ay o . ' . . · JAN Z 2 999 , slstant THIS POWER OF A~ORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI ~ER July 29 _ ,19 99 SURETY ACKNOWLEDGMENT State of NEW YORK County of NEW YORK On OCTOBER 28, 1998, before me personally came NATALIE REINGOLD, to me known who being by me duly swom did depose and say that he/she resides in NEW YORK, NEW YORK, that he/she is Attorney-in-Fact of LIBERTY MUTUAL INSURANCE COMPANY, the corporation described in, and which executed the within instrument; that he/she knows the seal of said corporation; that the seal affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order; and that the said company has received from the Superintendent of Insurance of the State of New York, and that such certificate has not been revoked. DIANA P. FIGUEROA ~,,,,._~ NOTARY PUBLIC, State of New York . No. O1 Fi5065024 ~ ' Qualified in Bronx County Notary Public Commission Expires Sept. 3, JAN ]. 2 1999 pg./'// t Liberty Mutual Insurance Company Statutory Balance Sheet (dollars in thousands) Assets ' ~ Bonds ..... ~ .................................................................................................................................................... 1 ~ ,609,662 Cormnon & Pre{erred Stocks ............. ; ......................................................................................................................'4,446,583 Real Estate._. ........................................................................................................................................... 128,301 Cash & Shod-Term Investments ................................................................................................................................. 242,970 Other Invested Assets .................................................................................................................................... 271,268 Subtotal Cash and Invested A.s.sets. ............................................................................................................................. 16,698,784 Premium in Course of CoLlection' ................................................................................................................................... 1,521,916 Reins~rance Recoverab[es on Loss and Loss Adjustment Expense Payments ........................................................... 183,530 Interest, Dividends and Real Estate income Due and Accrued .................................................................................... 168.557 Other Assets ..................................................................................................................................................................779.394 TOTAL ADMI FI aD ASSETS.._.L .......................................................................................................................... 19.352.181 Liabilities and Surplus Reserve for Losses and Loss Adjustmeng Expenses ....................................................................................................... 10,208.483 Reserve for Unearned Premiums..; .................................................................................................................................... 1.629,832 Reinsurance Payable on Paid Loss and Loss Adjustment Expenses ............................................................................ 36,194 Federal Income Tax and State Premium Tax Accrued ................................................................................................... 911774 Other Liabilities ....... ~ ....................................................................................: ....................................................................1.3 19,565 TOTAL LIABILITIE. S ........................................................................................................................................................ 13.285.845 Unassigned Surplus ........................................................................................................................................................ 4.924,567 Guaranty Funds ..................................................................................................................................................................1,250 Surplus Notes ............................................................................................................................................................... 1,140.,516 TOTAL SURPLUS ........................................................................................................................................................... 6,066,333 TOTAL LIABILITIES AND SURPLUS ................................................................................................................. 19,352,151 ('Excludes premiums more than 90 days due) COMMONWEALTH OF MASSACHUSETTS SS: COUNrI'Y OF SUFFOLK Dennis Langwell, being duly sworn, says: That he is Vice President and ComptmBer ol Liberty Mutual insurance Company; that said Company is a mutual insurance company duly organized, existing and engaged in business as a surety by virtue of the laws of such laws; that said Company has also complied with and is duty qualified to act as surety on federal bonds under Section 9305 of Title 31 o{ the United States Cede, That the foregoing is a full true and correct statement of the f'Lr2ndal conditio:x of said Company an Lhe 31st day December, 1997. Sworn to before me this 31st day of March, 1998 MyCommi~sionEx'pir~._..~-~.,'~. \r~ --7,It.: C~ /, (~/./7/.. "7 z'/~ /' ; ~ Vice /~(d~nt and C6m r611(~r ' ' "' JAN 1 g 1999 EXECUTIVE SUMMARY APPROVAL OF A DECLARATION OF EASEMENT FROM COLLIER COUNTY FOR THE VANDERBILT BEACH ROAD FOUR LANING PROJECT (HAMMOCK OAK DRIVE TO AIRPORT-PULLING ROAD) OBJECTIVE: To obtain authorization from the Board of County Commissioners (Board) to approve and execute a Declaration of Easement for a sidewalk and landscape easement from Collier County for the recently completed Vanderbilt Beach Road four laning project (Hammock Oak Drive to Airport-Pulling Road). CONSIDERATION: As part of the Vanderbilt Beach Road four laning project, the Board agreed to construct sidewalk and landscape improvements west of the intersection of Vanderbilt Beach Road and U. S. 41 (Tamiami Trail). The Public Works Engineering Department completed the improvements last year and the Real Property Management Department is now acquiring the necessary easements from the property owners for no compensation, in accord with prior arrangements and understandings. The property owners shall be responsible for landscape maintenance landward of the back of curb of the roadway, and various Collier County agencies shall be responsible for maintaining sidewalk and landscaping on property owned by Collier County. An Executive Summary was presented to the Board on October 17, 1995, wherein the Board approved the Vanderbilt Beach Road sidewalk and landscaping improvements west of U. S. 41. The Executive Summary, however, did not specifically mention easements on public properties owned by Collier County. A Declaration of Easement has been prepared for the North Collier Library Branch (Parcel 105) and Emergency Medical Services, Sheriff's Office, and the North Naples Fire & Rescue District (Parcel 106) and has been approved by the County Attorney's Office. This Declaration of Easement, attached to this staff report, will be recorded in the Public Records of Collier County, Florida. The Declaration of Easement jwill provide notification to all interested parties of the existence of the sidewalk and landscape easement on public property owned by Collier County. In addition, a letter of approval executed by Vivien Hastings of WCI Communities Limited Partnership for the easement being acquired for the uses as stated (pursuant to the Quit Claim Deed recorded in O. R. Book 909, Page 1081, et seq, for the North Collier Library Branch, Parcel 105) is also attached. All other sidewalk and landscaping easements will be recorded pursuant to the Executive Summary approved by the Board of County Commissioners on October 17, 1995. JAN 12 ~S~ FISCAL IMPACT: The recordation of the Declaration of Easement in the Public Records of ~\ Collier County, Florida, shall not exceed $50.00. This expense will be paid from the project · account. Cost: $50.00 (maximum) Fund: 33'1 - Road Impact Fee District I Cost Center: '163650 - Road Impact Construction Project: 67021 -Vanderbilt Beach Road Four Laning GROWTH MANAGEMENT IMPACT: Vanderbilt Beach Road is a Capital Improvement Element (Project No. 023) and is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to execute the attached Resolution and Declaration of Easement concerning the North Collier Library Branch and Emergency Medical Services, Sheriff's Office and the North Naples Fire & Rescue District; and authorize staff to record the necessary documents in the Public Records of Collier County, Florida. PREPARED BY: .. , ~,, i ~-,, -.- DATE: ~/ DATE: Project Manager III ibby, P. E., Directo~ DATE: ~ ork 'eer' Depa~ment Ed Ilschner~dmin~r~or ' Public Works Division JAN 12 1999 PROJECT: Vanderbilt Beach Road - Project No. 67021 PARCEL: 105 and 106 FOLIO: 00169000006 & 00176682006 DECLARATION OF EASEMENT THIS DECLARATION is made this day of , 199B, by COLLIER COpNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Declarant." Declarant is the owner of certaip real property situated in Collier County, Florida, more fully described below, hereinafter referred to as the "Properties." See attached Exhibit "A" which is incorporated herein by reference. Declarant hereby declares that the Properties are and shall be held, transferred, sold, conveyed, used and occupied in accordance with and subject to non-exclusive easements and privileges to enter upon, construct and maintain sidewalks and landscaping on the Properties, attached hereto and made a part hereof, hereinafter referred to as the "Easement." The Easement, as set forth in this Declaration, shall bind, and the benefits thereof shall inure to Declarant and its representatives, agents, successors and assigns. IN WITNESS WHEREOF, Declarant has caused these presents to be executed the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk Barbara B. Berry, Chairman Approved as to form and legal sufficiency: H~'di F, Ashton Assistant County Attorney JAN 12 19, 9 EXt-~IBI f OFFICE OF CAPITAL PROJECTS 3~01 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,.,14105 11941) 774-8192 PROJECT NO. 67021 PROJECT PARCEL NO. 105 - L:i. brary TAX PARCEL NO. 00169000006 LEGAL DESCRIPTION (NOT A SURVEY) Description of a portion of Section 33, Township 48 South, Range 25 Fast Collier County, Florida BEGINI~I"NG at the northwest comer of Tract B, Pelican Bay Unit Sixteen as recorded in Plat Book 18, Pages 35 and 36 of the Public Re[orcis of Collier Counh.'. Florida; thence along the west line of said Tracl B, South 09°51 '40" West 17.69 feet; thence leaving said west line, North 80012'25'' West 97.65 feet; thence South 83042'44'' West 20.82 feet; thence 9.29 feet along the arc of a circular curve, concave northeasterly, having a radius of 16.00 feet, through a central angle of33°16'28'' and being subtended by a chord which bears North 79°39'02" West 9.16 feet; thence North 63000'47'' West 6.27 feet; thence 9.86 feet along the arc of a circular curve, concave southwesterly, having a radius of 19.00 feel ..._.. through a central angle of 29°43 '24" and being subtended by a chord which bears North 77052'29" West 9.75 feet; thence South 87015'49'' West 6.37 feet; thence 9.41 feet along the are of a circular curve, concave to the north, having a radius of 21.00 feet, through a central a~gle of 25°39'47'' and being subtended by a chord which bears North 79°54'18" West 9.33 feet; thence North 67004'24'' West 12.33 feet; thence North 80°41 '35" West 28.57 feet; thence North 73010'34" West 17.63 feet; thence North 62°12'41'' West 26.96 feet; thence 16.91 feet along the arc of a circular curve concave southwesterly, having a radius of 55.00 feet, through a central angle of 17°37'11" and being subtended by a chord which bears North 7 i °01'17" West 16.85 feet; thence North 79049'52" West 41.55 feet; thence North 09°51 '40" East 6.80 feet; thence South 80°08 '20'' East 300.00 feet to the Point of Beginning of the easement herein described; Subject to easements, restrictions, and reservations of record. 'af ~E ZS. BOSSS '//F ~ RD/'~ SSIONAL SURVEYOR ~ MAPPER. #35 PWIL~, ~ILLER, BARTON & PEEK, INC. 16 3200 BARLEY LANE, NAPLES .... ~- . .... N6005-002 001-TCABS ""' ' - :.MLEa-264 =,30' 2/10/97 1 o,, 2 1 ' EXHIBfi "N° "~),.. ,,L of- 1~ 1997 - 10:31:01 D:~MLB~6OOS~LIOS.dwg Feb , OFFICE OF CAPITAL P OJECTS ~01 EAST TAMIAMI TRAIL NAPLES, FLORIDA ~4105 (941) 774-8192 ~ SKETCH OF ~09'5t'~0'~ 6~0' O.R. BOOK 909 .~ I PAGES 1081-1088 '1 GRAPHIC SCALE / Cu~e number 4 / Ro~ius= 55 O0 / Deflo= ~ 75TI l' ~ / Arc= ~,9~ N6~2'4~'~ 26,96'--~/ C~Otd= 1685 / ~ c~d s~ ~ 7uot'fr~ / ~ I N7IIO'J4'~ I76J' ~l I I I NB~I'JS"W 28.57'~/ ~ Cu~e number J [ ~ Roe. us = ~ ~, OD ~ OeYo= 25U9 '4~ ) C~o'd= 9 33 I C.~o,O 8rg N79'5~'7~'~ ~ .~, Cv~e number 2 Rod,us = ~ 9 O0 Oe/~o= 29'~Y2Z' N, 6TOO'4T~ 627' kc= 986 Ion~en~= 504 Chom= 9, 75 C~orO 8'9 N 7752'29'~ S8~ P' 4'~ 2082'~ zI 4 4 u6 III/ I II N TH T o~,o= 3P~'28" EASEMENT Arc= 929 DESCRIBED ~ Chord= 9 6 Ctord Brg N 79'39 '02'~' ~ ~ ~0~ Ae[ ~ ~[[T AND ~[R[OT. C.~. SO0~ ~09 % 2] ~[[ S~[[T ~ OY 2 [OR PACTS 1~8~ 1088 ~/ 3. BEARINGS ARE BASED ON THE I LINE OF ~ '~" Zl TRACT "B" OF PELICAN BAY UNIT ' P~T BOOK 18, PAGES 35-36, SOUTH / 80'08'20" EAST. / ~"~"'~'~ "/ / ~0,~~ ' Te~CT e oeUC~. e JAN 12 1989 E ...o~ MLB-264 i=,, .... 1" =~0' 2/10/97 2 o, 2 1 L- 105 EXHIBIT "A" OFFICE OF CAPITAL PROJECTS · 3301 EAST TAMIAMI TRAIl_ NAPLES. FLORIDA 34112 (94 ) 774-S 92 PROaECI NO. 67021 PROaECI PARCEk NO. 106 - EMS, etc, lAX PA~CF[ NO. 00176682006 LEGAL DESCRIPTION (NOT A SURVEY) COMMENCING AT TIIE NORTI IEAST CORNER OF IIAMMOCK OAK DRIVE, AS DEPICTED ON TI IE PLAT TI IEREOF, PELICAN BAY UNIT SEVENTEEN. AS P, ECORDED IN PLAT BOOK 22. PAGE 23, OF TIlE PUBLIC REgORDS Ot: COLLIER COUNTY, FLORIDA SAID POINT OF COMMENCEMT ALSO LYIng:"' ~' Ir'ltE SOUTH RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD (CR.862); T! ~' .'UTH 80 DEGREES 08 MINUTES ...~ 20 SECONDS EAST, ALONG SAID RIGHT t. . ! i. INE A DISTANCE OF 91.59 FEET; THENCE SOUTH 9 DEGREES 51 MINU i ES 40 SECONDS WEST, A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH 80 DEGREES 08 MINUTES 20 SECONDS WEST ALONG A LINE LYING 17.5 FEET SOUTH, AS MEASURED PERPENDICULAR TO,SAID SOUTH RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD, A DISTANCE OF 12486 FEET; THENCE SOUTH 49 DEGREES 18 MINUTES 03 SECONDS EAST, A DISTANCE OF 4 94 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE. CO~:C&VE TO THE NORTHEAST, HAVING A RADIUS OF 25.5{I FEET AND A CENTRAL AN(~LE OF 34 DEGREES 43 MINUTES 25 SECONDS; THENCE SOUTI IEAST ALONG SAIl) CURVE, A DISTANCE OF 15.45 FEET; THENCE SOUTH 84 DEGREES 01 MINUTE 28 SECONDS EAST, A DISTANCE OF 26.27 FEET, TIIENCE SOUTH 81 DEGREES 00 MINUTES (~0 SECONDS EAST, A DISTANCE OF 29.89 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE. CONCAVE TO THE NORTH, HAVING A RADIUS OF 401.00 FEET AND A CENTRAL ANGLE OF 7 DEGREES 07 MINUTES 50 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 49.90 FEET TO THE I'OINT OF IU<;INNING; SAID DESCRIBED TRACT CONTAINING O.0l 1 ACRE (460 SQUARE FF~ ~ '.',ORE OR LESS. BASIS OF BEARINGS 1S THE SOUTIt RIG!: 2 )i WAY LINE OF VANDERBILT BEACH ROAD BEING SOUTH 80 DEGREES 08 MINUTES 20 SECONDS EAST. PARCEL VBR 106 OFFICE OF CAPllAL PROJECTS COI.LtEI~ COUNI'Y GOVERNMENF COMPLEX ",",t]l I' 'IAi,ITAI, 41 'ih'AIl MAOI Fq FTFMt'IFIA ~4117 EXHIBIT "A" ~'bc 'l or 'l OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION ,t P.D.C.N.E. Corner of Hammock Oak Drive Pelican Boy Unit 17 Plat Book 22, Page 2.-%. O~.xL- S. 80'08 '20 "E rS"~("' N 8 W · 91.59' 4,94' 26.27' 29.89' Curve number 1 Curve number 8 Ro, dlus = 85.50' Ro`dlus = 401.00' A = 34'43'B5' A = 07'07'50' Arc = 15.45' Arc = 49.90' Chord = 1%22' Chord = 49,87' Chord BP9 S.66'39'46'E. Chord BP9, S.84'33'57'E. GENERAL NDTES 1) P.D.C. indicates Point of Commencement B) P.D3. indlco,tes Point o~ Beginning 3) Sac. Indlco,tes Section 4) Twp. Indicates Township 5) Rge. indico,tes Range i 6) R/W Indicates RIght-oF-way 7) Art distances ape In Feet and decimals thereof 8) Basis o~' bearings Is the South R/W LIne oF von erb,,t e.ch Road be,ng S.80'08'20', . ,0. 9) Not valid unless signed and see. ted with the embossed - ~eoL or ~he prores~ono~ land s.~veyor JAN I 1999 THIS IS ONLY A SKETCH L.M.R, NDT Tn SHEET 2 OF 2 SCALE 03-19-98 VBR-:106 EXHIBIT "A" PROJECT: Vanderbilt Beach Road - Project No. 67021 PARCEL: 105 and 106 FOLIO: 00169000006 & 00176682006 DECLARATION OF EASEMENT THIS DECLARATION is made this day of , 199__, by COLLIER COUNTY, a political subaNision of the State of Florida, having a mailing address of 3301 past Tamiami Trail, Naples, Florida 34112. hereinafier referred to as "Declarant." Declarant is the owner of certain real property situated in Collier County, Florida, more fully described below, hereinafter referred to as the "Properties." See attached Exhibit "A" which is incorporated herein by reference. ._.. Declarant hereby declares that the Properties are and shall be held, transferred, sold, conveyed, used and occupied in accordance with and subject to non-exclusive easements and privileges to enter upon, construct and maintain sidewalks and landscaping on the Properties. attached hereto and made a part hereof, hereinafter referred to as the "Easement." The Easement. as set forth in ~ . '..eciaration, shall bind, and the benefits thereof shall inure to Declarant and its representatives, agents, successors and assigns. IN WITNESS WHEREOF. Declarant has caused these presents to be executed the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK COLLIER COUNTY, FLORIDA By: BY: , Deputy Clerk Barbara B. Berry, Chairman Approved as to form and legal sufficiency: H~T'di ~'7,~,~ht~an Assistant County Attorney JAN 12 19S9 OFF'ICE OF CAPITAL PRO ECT$ 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34105 (941) 774-8192 PROJECT NO. 67021 PROJECT PARCEL NO. 105 - T.~.brary TAX PARCEL NO. 00169000006 LEGAL DESCRIPTION (NOT A SURVEY) Description of a portion of Section 33, Township 48 South, Range 25 East Collier County, Florida BEGI'N'NING at the northwest comer of Tract B, Pelican Bay Unit Sixteen as r~.orded in Plat Book 18, Pages 35 and 36 of the Public Re, f. ords of Collier County, Florida; thence along th8 west line of said Tract B, South 09°51 '40" West 17.69 feet; thence leaving said west line, North 80H2'25" West 9?.65 feet; thence South 83°42 '44'' West 20.82 feet; thence 9.29 feet along the arc of a circular curve, concave northeasterly, having a radius of 16.00 feet, through a central angle of 33° 16'28" and being subtended by a chord which bears North 79°39'02'' West 9.16 feet; thence North 63%0'47" West 6.27 feet; thence 9.86 feet along the arc of a circular curve, concave southwesterly, having a radius of 19.00 fe~, through a central angle of 29°4Y24'' and being subtended by a chord which bears North 77°52 '29'' West 9.75 feet; thence South 87°15'49'' West 6.37 feet; thence 9.41 feet along the arc of a circular curve, concave to the north, having a radius of 21.00 feet, through a central angle of 25°39'47'' and being subtended by a chord which bears North 79°54'18'' West 9.33 feet; thence North 67°04'24'' West 12.33 feet; thence Nortln 80°4 1 '35" West 2g.57 feet; thence North 73°10'34'' West 17.63 feet; thence North 62°12'4 I" West 26.96 fett; thence 16.91 feet along the arc of a circular curve concave southwesterly, having a radius of 55.00 feet, through a central angle of 17°3 7' i 1" and being subtended by a chord which bears North 71 °0 1 '17" West 16.85 feet; thence North 79°49'52'' West 41.55 feet; thence North 09°51'40" East 6.80 feet; thence South 80%8'20" East 300.00 feet to the Point of Beginning of the easement herein described', Subject to easements, restrictions. and reservations of record. I P :"BOaOS ~SSIONAL SURVEYOR & MAPPER.//3516 PWIL , MILLER, BARTON & PEEK, INC. 3200 BAILEY LANE, NAPLES, COLLIER COUNTY, FLORIDA 34105 (941) 649-4040 JAN 12 PiN N6005-002-001 -TCABS Pc. I 105 'MLB-264I 1"=~0' 2/10y97 1 E~,FnBfi "h" Feb 11, 1997 - 10:31:01 D:\MLB\GOOS\ILIOS.Owc OFFICE OF CAP TAL PROJECTS 3301 EAST TAM~AMI TRAIL NAPLES, FLORIDA 34105 (941) 774-8192 """"" SKETCH OF DES~ O.R. BOOK 909 .-'1 PACES 1081-1088 '1 GRAPHIC SCALE '/' '~I / Cutye number 4 / .............. Rodt3Js= 55.00 / Delfo= 17'J7'11" / 1-- ~rc = ~ E 91 I N, 62' ! 2 '41 ' W26. 96'-.-----I~/ ChOrd 8r~. N. ZI'OI'IT'W. / 03 N 7a'IO'J4'H( I763' ~1 ~(2 / . I ~ z 0 .............. Rod,~,s= 2z.oo I ~ Oelto= 25'39'47' ronqent= 478 N 62'04~24'1~12.33'-----'I'J Choz~= 9.33 / Chord Brg. Iv'. 79'54'18"~ ~/ S. 8715'49'~6.37' ------t~ Rad,~S= De/to= 29'43'24' N6100'47'~ 8.27' ----~,.~,/ Arc= 9.86 "~ / [~ngent= 5.04 ChOrd~ 9, 75 ChOf~ 8~9 N 7752'29'~ 58142'44'~ 20.82'~ .............. Rod;us= 16.00 Oelto= 3Z16'28" EASEMENT I ~=- ~2~ DESCRIBED ~ ToPgent= 4.78 CnOrd= 9. 16 Chord erg, N. 79"39'02'~ I ~ I I~1 GENERAL NOTES: ~1r 1. DIMENSIONS ARE IN FEET AND .S THEREOF O.R. BOOK ~09 ~' 2. SEE SHEET 1 OF 2 FOR LEGAL DESC PACES 1081 ~088 ~1 3. BEARINGS ARE BASED ON THE NORT~ LINE ' ~1 TRACT "B" OF PELICAN BAY UNIT ' P~T BOOK 18, PACES 35-36, BE~( SOUTH I 80'08"20" EAST. .... o-~ ' MLB-264 1"=30' 2/10/97 2 ¢ 2 1 L- 105 EXHIBIT "A" OFFICE OF CAPITAL PROJECTS , 3301 EAST TAlvIIAMI TRAIL NAPLES. FLORIDA 34.112 (94-1) 774--8192 PROJECT NO. 67821 PROJECT PARCEL NO.. 106 - EMS, etc, TAX PARCEL NO. 00176682006 .LEGAL DESCRIPTION (NOT A SURVEY) COMMENCING AT THE NORTHEAST CORNER OF HAMMOCK OAK DRIVE, AS DEPICTED ON THE PLAT THEREOF, PELICAN BAY UNIT SEVENTEEN, AS RECORDED IN PLAT BOOK 22, PAGE 23, OF TIlE PUBLIC RECOP, DS OF COLLIER. COUNTY. FLORIDA SAID POINT OF COMMENCEMT ALSO LYING O~,' T:{E SOUTH RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD (CR.862) ;'THEN!" ~:_ '!!i 80 DEGREES 08 MINUTES ,..~ 20 SECONDS EAST, ALONG SAID RIGHT OF WA: L :'.,E A DISTANCE OF 91.59 FEET; THENCE SOUTH 9 DEGREES 51 MINUTES 4v SECONDS WEST. A DISTANCE OF 1750 FEET TO THE POINT OF BEGINNING; THENCE NORTH 80 DEGREES 08 MINUTES 20 SECONDS WEST ALONG A LINE LYING 17.5 FEET SOUTH. AS MEASURED PERPENDICULAR TO,SAID SOUTH RIGHT OF WAY LINE OF VANDERBILT BEACH ROAD, A DISTANCE OF 124.86 FEET; THENCE SOUTEl 49 DEGREES 18 MINUTES 03 SECONDS EAST. A DISTANCE OF 4 94 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25,50 FEET AND A CENTRAL ANGLE OF 34 DEGREES 43 MINUTES 25 SECONDS; THENCE SOUTHEAST ALONG SAID CURVE, A DISTANCE OF 1545 FEET; THENCE SOUTH 84 DEGREES Ol MINUTE 28 SECONDS EAST. A DISTANCE OF 2627 FEET; THENCE SOUTH 81 DEGREES O0 MINUTES 00 SECONDS EAST, A DISTANCE OF 29.89 FEET TO THE POINT OF CURVATUP, E OF A TANGENT CURVE, CONCAVE TO THE NORTH. HAVING A RADIUS OF 401.00 FEET AND A CENTRAL ANGLE OF 7 DEGREES 07 MINUTES 50 SECONDS; THENCE EAST ALONG SAID CURVE. A DISTANCE OF 49.90 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT ~. CONTAINING 0.011 ACRE (460 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS 1S THE SOUTH RIGHT OF WAY LINE OF VANDERB1LT BEACH ROAD BEING SOUTH 80 DEGREES 08 MINUTES 20 SECONDS EAST. PARCEL VBR 106 DATE:, , ~E NAL LAND SUR EYOR 112405 { I V OFFICE OF CAPII'AL PROJCCI'S COI. LICI~ COUN1Y COVERNMI:NF COMPLEX 35UI I.: ]AMIAMI 'II~AIL NAPLES. FLORIDA 34112 EXHIBIT "A" ~bc H or ~l OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION VANDERBiL T BEACH R / P.B.C.N.E. Corner of . Hornmock Oek Drive Pelicen Boy Unit 17 Q~.,b S. 80'0 , "' ' - ' ~24 86' 17.50' 4.94' 26.27' 29.89' Cunve numbep ~ CuPve numbep ~ RGdlus = 85,50' R&dlus = 40LO0' ~ = 34'43'85' ~ = 07'07'50' Ace = ~5.45' Acc= 49.90' Chond = ~5.~8' Chond = 49.87' ChoPd 3P9. S.66'39'46'E. ChoPd 9p9. S.84'33'57'E. GENERAL NOTES 1) P.O.C. Indicates Poin~ oF Commencemen~ 2) P.D.B. Inolicat, es Poln~ oF Beginning 3) Sec. Indlcc~es Section 4) Twp, lnoilca~es Township 5) ROe. Indicates Range ~ 6) R/V Indicates Right-oF-way 7) A[~ dls~onces ~re In fee~ ond declmots ~hereoF ~ 8) Bosls o~ bearings Is the Sou~h R/~ tlne oF V~n~erblt~ Beach RoGd being S.80'08'20'~. ~G"~a~. 'r~ SeGl OF the proresslonGt tend surveyor THIS IS ONLY A SKDCH JAN I 2 19S9 .~ /~ NOT TO SHE~ 2 0 2 L.H.R. , SCALE 03-19-9g V~R-106 COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DIVISION 3301 E. TAMIAMI TR. REAL PROPERTY MANAGEMENT DEPARTMENT NAPLES, FL 34112 (941 ) 774-8991 ,, '*e,~.. ?j.' . ' ~' - A C-ERTIJ:IED BLUE CHIP COM.MUNIT'~' Ms. Vivien Hastings DEC 02 WCI Communities Limited Partnership 24301 Walden Center Drive, Suite 300 j~,~ F';~0PERTy MGMT. // . , ~' . Bonita Springs, Florida 34134 - - . Re: Vanderbilt Beach Road - Parcel 105 - North Collier Library Branch Dear Ms. Hastings: On January 25, 1995, I wrote to Mr. Louis H. Hoegsted, former Executive Vice President of WCN Communities, Inc. (n/k/a WCI Communities Limited Partnership) requesting his approval for a roadway, drainage, utility and maintenance easement on the property currently occupied by the North Collier Public Library. PJease be advised that Mr. Hoegsted did execute the approval letter and a copy is enclosed for your records. Collier County has recently constructed a sidewalk and landscaped the property within the above roadway, drainage, utility and maintenance area. Therefore, Collier County would like to obtain your approval for the sidewalk and landscape area. Please note that I have attached a legal description and sketch for the sidewalk. landscape and maintenance easement for your review. After you have executed this letter, I will record a Declaration of Easement in the Public Records with this legal description and sketch attached. Date Approved: ~.~, WCI Communities Limited Partnership, a Delaware limited partnership t"~"~.-C" C(""C "Q"~ (" --.._.2(' ,C (.&,,,By: Witness (Signature)" --, " · ViXen Hastings, Senior Vi~ President Print Name: f'f'~(::.f("'..,,U )1("_2,, 2"X_ -tf'd_ Witness (Signat re) , C-),9 Print Name: ,? (, ,, ,, Your assistance is appreciated. Please -: :..:'n this letter as soon as convenient in the enclosed, self-addressed envelope proviaed. If you have any questions, please feel free to contact me at 774-8991. Thank you. Deena L. Quinn Senior Specialist Attachments: Letter to Mr. Louis H. Hoegsted, former Executive Vice President, WCN Communities, Inc. Legal Description and Sketch for the North Collier Public Library ---. Quit Claim Deed - O. F: Book 909, Page 1081 cc: Ladd Ryziw, Project Manager, Public Works Engineering Department w/o attachments JAN 121SS9 (-/"' F CAPITAL PROJECTS OF ICE OF 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34105 (941) 774-8192 PROJECT NO. r~1-OD. PROJECT PARCEL NO. TAX PARCEL NO. LEGAL DESCRIPTION (NOT A SURVEY) D~scdpdo~ of ~ ~on of S~do~ 33. To~p 48 Sou~ ~6c 2~ t ~n~ ionS ~ w~ 1~ of sid T~ct B, Sou~ 09~51'40'' W~st 17.69 ~ Sou~ 83~42'44'' W~ 20.82 ~n~ No~ 63~00'47'' Wc~ 6.2? f~t; ~en~ 9.86 f~t long ~c ~c ore circul~ cu~c. con~vc scu~w~rly, ~g ~ ~us 9.75 f~; 9.33 · ~n~ No~ 80~41 '35" W~ 28.57 f~ ~n~ No~ 73~10'34'' W~ 17.63 f~t; ~en~ Noa 62'12'41" We~ 26.96 f~; · en~ 16.91 f~t along ~e arc ofa circul~ cu~e ~n~ve sou~we~rly, h~g a ~us of 55.00 f~t, ~ou~ a ~ntr~ ~gl~ of 17~37' 11" ~d b~g sub~nd~ by a chord w~ch b~s No~ ~ 1 ~01' 17" W~ 16.85 f~t; · efi~ No~ 79~49'52'' W~ 41.55 f~ · ~n~ No~ 09~51'40'' ~t 6.80 f~t; · en~ Sou~ 80~08 '20" ~ 300.00 f~ ~ ~ Po~t of Beg~g of~e ~ement here~ Subj~ ~ ~menU, ~ou, ~d ~s~ado~ of~rd. '/~S.E ,Ff 's" 'SSSos ' ' · ~ 3200 B LEY. LANE.' NAP~.ES,; , ' L, COLL ER COUN'i'Y,' :'FLOR DA / 34105 ::~ (9 ~).;6a,~-,4'bx40;',,,,,,,;..' ': ,;.' t,o._ _ , t "~" ' ":'>"': ":"""""'" lT,j/ JAN 1 N6005-0'02:001 :TC~,BS ';'MLB-264 J ]1"=30' 10/97" 1 o, 2 1 L ........ -[: .... ' ~l~ " //~OFF EY, H~Bf Feb 11. lgg'7-10:3'1:01 D:\MLB\BOO5\ILI~S --- / CE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34105 (941) 774-8192 ~" SKETC~ Or :~ O,R, BOOK 909 .~1 ~:~' PAGES 1081-1088 :~~~ G~HIC SCALC Ionlent. a. 52 / I :'~': . '~~~ ~.~,/'a~'~ ~, ~1 ~ / ~c, 9.41 ~c- 9.8~ l~l- 5.04 t C~m n~mNt I ~tt,. ~:te'2r EASEMENT I I ~ ~,2~ ~ ~,,~. ~.~a DESCRIBED ~ ' ~/ GENERAL NOTES: ~/ 1. DIMENSIONS ARE IN FEET AND AI .S THERE( ; O.R. BOOK 909 ,~' 2 SEE SHEET 1 OF 2 FOR LEGAL DISC ':-~ PACES 1081-1088 ~1 BEARINCS ARE BASED ON THE NORT~ LINE CF -~' I 80'08'20" EAST. i p'! , '264 ~ ~ ~._ I_ I_ ' I ............. . ................ __;..-,,' 1 RESOLUTION NO. 98- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS OF COLLIER COUNTY, 5 FLORIDA APPROVING AND AUTHORIZING 6 THE CHAIRMAN TO EXECUTE ONE (1) 7 DECLARATION OF EASEMENT FOR 8 PROPERTY OWNED BY COLLIER COUNTY 9 WHICH WILL BE UTILIZED FOR A SIDEWALK, 10 LANDSCAPE AND MAINTENANCE EASEMENT 11 12 WHEREAS, Collier County owns in fee simple title, the property currently occupied by 13 the North Cc~lier Library Branch and Emergency Medical Services. SherifFs Office and the North 14 Naples Fire & Rescue District located on Vanderbilt Beach Road; 15 16 WHEREAS, Westinghouse' Communities of Naples, Inc., a Florida corporation, 17 previously conveyed the property occupied bv !he Emergency Medical Services, SherifFs Office 18 and the North Naples Fire & Rescue Dis;:-' ... ::laim Deed recorded in O. R, Book 1338, 19 Page 50, et seq., in the Public Records of Collier County, Florida, for use as noted above; 20 21 WHEREAS, Coral Ridge-Collier Properties, Inc., a Florida corporation, previously 22 conveyed the property occupied by the North Collier Public Library by Quit Clam Deed recorded 23 in O. R. Book 909, Page 1081, et seq., in the Public Records of Collier County, Florida, for use 24 as noted above; 25 26 WHEREAS, the attached legal descriptions and sketches are for Parcels 105 and 106 27 which are for sidewalk, landscape and mam:;~,:ar~ce purposes for the portion of properly known 28 as the North Collier Library Branch and the Emergency Medical Services, SherifFs Office and the 29 North Naples Fire & Rescue District; 30 31 WHEREAS, the above-stated uses are not identified in the Public Records of Collier 32 County, Florida; 33 34 WHEREAS, it is the intent of Collier County to reflect that Parcel 105 and 106 shall be 35 utilized for the above-stated purposes; and 36 ~ 1 WHEREAS, the recordation of the Declaration of Easement in the Public Records of 2 Collier County, Florida, wiTI place the public and all interested parties on notice as to the stated 3 uses of the County-owned properties. 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 6 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 7 8 1. The Declaration of Easement shown in Exhibit "A", attached hereto and made a part 9 hereof, for the uses stated herein is hereby approved 10 11 2. The Chairman of the Board of County Commissioners has been authorized to execute 12 the Declarat!on of Easement. 13 14 3 Staff has been authorized ~o record same in the Public Records of Collier County, 15 Florida. 16 ~ 17 This Resolution adopted after motion, second and majority vote. 18 19 DATED: 20 21 ATTEST: BOARD OF COUNTY COMMISSIONERS 22 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 23 24 25 By: By: 26 Deputy Clerk Barbara B. Berry, Chairman 27 28 29 Approved as to form and 30 legal sufficiency: 31 35 Heidi F. A~hton 36 Assistant County Attorney JAN 12 EXECUTIVE SUMMARY REJECT BIDS RECEIVED UNDER BID INVITATION 98-2881. OBJECTIVE: To re-solicit bids with the intent of generating greater competition and more affordable pricing, while avoiding potential protest from competing bidders. CONSIDERATION: On October 22, 1998, the Purchasing Department sent notices to various vendors soliciting bids to perform control and telemetry repair work for the Water and Wastewater Department's. Confusion occurred regarding a requirement for the vendor to be responsive to emergency calls or be seen as non-responsive to the entire request for bid. Bids were opened on November 18, 1998, and five proposals were received. After review of the proposals, it was determined that three of the proposals were non-responsive, two of them for not responding to the emergency repairs section. Since these two vendors were given verbal instruction that an emergency response would not be required, it is believed to be in the best interests of the County to revise the bid packet and re-issue it for bid. Given these considerations, staff recommends that the ,,_,. Board reject the bids received and authorize staff to re-solicit proposals. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board reject all bids received in response to Bid Invitation No. 98-2881 and authorize staff to re-solicit bids. Bobb Reeder, Facilities Superintendent REVIEWED BY: ~aul~vi~,4~,~ Date: attausch, Water Director St~phe~Y. C~ell, Director APPROVED B recreate: ~ Ed II~er, Public Works Administrator EXECUTIVE SUMMARY APPROVE AN ALTERNATE ROAD IMPACT FEE FOR THE HERITAGE GREENS GOLF AND COgTRY CLUB BASED ON A SITE-SPECIFIC COMPUTATION AND AUTHORIZE THE REFUND OF PRIOR OVERPAYMENT OBJECTIVE: To obtain Board approval of a road impact fee developed using an altemate set of parameters for a private golf course and ancillary uses, such as a clubhouse and maintenance facilities and authorize staff to process the applicable refund. CONSIDERATIONS: Ordinance 92-22, as amended (the Ordinance) sets forth the regulations for the imposition, computation and collection of road impact fees. In the Appendix to the Ordinance, Table A lists various categories of land uses for which "standard" road impact fee rates have been established. Among those rates is a rate for "Golf Courses". The rate was predicated on several factors including the use of the ITE publication entitled Trip Generation. Trip Generation provides trip rate information. The developer of the project chose to pay the applicable road impact fee in accordance with Section 2.03 F of the Ordinance, Alternative Road Impact Fee Calculation, under protest. Subsequent to the payment of the fee and the issuance of a building permit for the golf clubhouse facility, the developer met with Transportation Services Department staff to determine the parameters under which an alternative fee would be computed. Staff investigated the proposed Heritage Greens Golf Course and deternfined that the following site specific factors apply in this case: 1. Information provided by the developer and confirn~ed by staff indicates that there will be space sufficient for 4 employees in the clubhouse and pro shop. 2.Information provided by the developer indicates that there will be about 550 memberships total for the golf course (Attachment No. 1 ). 3.The following assumptions have been used for insertion into the Road Impact Fee Worksheet attached to this Executive Summary (Attachment No. 2): A. 120 rounds/day* X 25% guests X 2 trips/guest/day = 60 trip-ends/day B. 11 employees X 2 trips/employee/day = 22 trip-ends/day c. Allowance for service trips = 8 trip-ends/day (restaurant, golf, maintenance trips) D. Trip length for Golf Course per Ordinance 92-22, as amended = 4.2 miles assessable; 5 miles total. E. For these trips, the percentage of new trips on the arterial network is 100%. * This estimate is based on other, similar golf courses (e.g., Cypress Woods that have provided information on the number of rounds played/day on avera .e~ .... ------_ throughout the year. ~c: .~~ JAN I 2 1999 Based on the attached worksheet, the proposed road impact fee for the golf course and clubhouse is $11,435.35. Based on the golf course acreage of 101 acres, the road impact fee, per the rate table in Appendix A of the Ordinance at $1 066/acre would be $107,666 (Attachment No. 3, Building Permit Receipt). The developer would be due a refund of $96,230.65. FISCAL IMPACT: The proposed road impact fee refund would be paid from Fund 331, Road Impact Fee Trust Account No. 1. As of December 15, 1998, the balance in this Fund was $1,535,157, including Reserves. GROWTH MANAGEMENT IMPACT: The imposition of the proposed road impact fee is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the Board approve the alternate road impact fee for the Heritage Greens Golf and Country Club, and; authorize staff to prepare the necessary documentation to comply with the Board's direction. / Y."/~/Z~'~Z'~//~ ~ DATE: / ~ ,,~*' -*~' SUBMITTED B ~ ~ ~ ,-- , "~ , ' .... ec~ REVIEWED Thomas E. Kuck, P.E., Eng~'i{~g t~view M~n'ager I , , TE:/z.~~ G3 Vincent A. Cautero, AICP, ~~nt Se~ices Administ~Gr" ' APPROVBD ~r~s Administrator DATBJ- ~ ~ ~ Attachments: NO. q - Letter Dated OctoDer 20,q998 NO. 2 - Road Impact Fee WorksBeet NO. ~ - BuildinO Permit Receipt 1999 8~89. Pelican Bay Bo[,levard, Suite 303 Naples, Florida 34108 Phone (941) 594-0040 Fax (941) 594-0054 TO: Ed Kant FROM: Dick Klaas DATE: 10/20/98 RE: ARROWHEAD AT HERITAGE GREENS SEMI-PRIVAT~ GOLF COURSE' Thank you for taking so much time with Ban, rian and myself yesterday. I would like to confirm for you the f~l'lowing items: 1) The proshop has two employees, a bag man and cart man, for a total of four. 2) The maintenance .crew consists of a Golf Cours~ Superintendent and six employees, for a total of seven. 3) We estimate four service trips per day, which basically agrees with our discussion. There are 550 residential units that are being constructed surrounding the golf course. We are selling memberships to these residents. In addition to these memberships, the people that live at Heritage Greens and their house uests can make a tee time 24 hours in advance of the general' public. U. S. Home and Ronto expect a three-year buildout. Very frankly, afte~ the buildout almost all of the tee times will most probably be Heritage Greens residents and their house uests. You nine more holes on j c t . s and house guests, The public will be playing the golf course along ~ith themembers while the project is being built out -- three yea~s. Best regards. [ATTACHMENT NO ..../ PAGE / OF / . Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Payment Slip Nbr 97114 09/30/1998 4:03:23 PM 10/01/1998 PT 98041289 Address: 2205 HERITAGE GREENS DR Owner: HERITAGE GREES GOLF ENTERPRISES COA #: 98-1832 Permit Type: BC3 Job Desc: CBS CLUBHOUSE Applicant: BILL SCHRECK DBA: COLLIER COUNTY DEV. CORP. Swr Meter: NC North C Wtr Meter: CC Payor: HERITAGE GREENS Fee Information : Fee Code Description GL Account Amount Waived 08FUGG FIRE INSP-<75'-GOLDEN GATE 11300000020940100000 $69.68 08GGIM GOLDEN GATE FIRE IMPACT 11300000020980000000 $1742.10. 08GOR1 DIST 1 ROAD IMPACT FEE-GEN. OF 33116365036363000000 $107666.00 08HDGT GREASE TRAPS 11313890032211000000 $36.00' ......... 08MFSG MICROFILM SURCHARGE 11313890034144200000 $2.00 08RDGS STATE RADON GAS 11300000020880000000 $29.04 08BACR BLDG. PERMITAPP. FEE CREDIT 11313890032251000000 $-290.35. 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $2568.00 08BCAI B.C.A.I. 11300000020882000000 $29.04 08EMSI EMS IMPACT FEES UNINC. 35014047036385000000 $824.59 08FPRF FIRE PLAN REVIEW FEE 11313890032254500000 $229.95 42WSDC WATER SYSTEM CHARGE 41127351 r134336000000 $4500.00 42MTTP COUNTY METER TAP CHARGE 40825321234332000000 $500.00 42SSDC SEWER SYSTEM CHARGE 41326361134356000000 $6700.00 Total $124606.05 - Continued - ATTACHMENT N0. ,. "~ PAGE / OF Z ' ' A N 12 Collier County Board of County Commissioners Printed:l 2/15/1998 1:13:44 PM CD-Plus for Windows 95/NT Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt '~ra~'~umbe} ..... ~ate ....... '~Ost [:)~at~ ...... isaym~nt Slip Nbr 97114 09/30/1998 4:03:23 PM 10/01/1998 PT 98041289 Payments : Payment Coae "' ACCo'~n~C~ec~ Number ............................. Am0U'n~ _C_t-IE_CK___ , !220 ............... $124606.05 Total Cash $0.00 Total Non-Cash $124606.05 Total Paid $124606.05 Memo: Cashier/location: GARRETT_S / 1 ,,_, User: ERB_C ATTACHMENI' NO., . PAGE Collier County BoaFd of County CommissioneFs Printed: 12/15/1.998 1:13:44 PM CD-Plus for Windows 95/NT EXECUTIVE SUMMARY AWARD BID #98-2860 FOR UNDERGROUND UTILITY SUPPLIES OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District award Bid #98-2860 for underground utility supplies to the various vendors shown as primary and secondary on Attachment A. CONSIDERATION: 1.The Water and Wastewater Departments utilize underground parts in order to provide water and wastewater services to the customers of the County Water-Sewer District. 2. Bid #98-2860 for underground utility supplies was posted on October 9, 1998. Twenty-two inquires were sent to vendors and nine bidders responded. 3. Staff has reviewed the bids received. Awards are based on a primary and secondary vendor basis. Attachment A outlines the low (primary) bidder and secondary bidder for each grouping that was included as part of Bid #98-2860. 4. The Board is requested to modify the award criteria for the grouping of Pipe (PVC&DI all types) due to no vendor bidding the grouping as a whole. The Water-Sewer District requests permission to award the bid for piping based on a line-by-line basis. FISCAL IMPACT: The estimated annual expenditures for the supplies covered by Bid #98-2860 is anticipated to be $1,000,000. The actual cost is dependent upon the number of parts required for repair and maintenance of the Water and Sewer systems. Funds are available in the following cost centers: 408-253212, 408-210120, 408-233312, 408-233313, 408-333350, 408- 233351, 408-233352, 412-273511 and 412-263611. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Bid # 98-2860 for Underground Supplies to the various primary and secondary vendors as shown on Attachment A SUBMITTED BY:~c~ ' Date: _l ~___-~ -~ Pam Libby, ' ~1 r ' / REVIEWE ~aul ~tausch, Water Director REVIEWED BY: ~57',,/~, ~,, ;,~t:L~-~2/, jV'C Date: ~'Si~;x;~ C~rnell, Purchasing Director BY: Date:/-.- APPROVED ~A ' dministrator ATTACHMENT A BID WORKSMEET 98-2860 CATEGORY PRIMARY VENDOR EST. $ SECONDARY VENDOR Adapters U.S. Filter $27,714.25 Semsco Ball Valves Hughs $67,385.50 U.S. Filter Bushings Semsco $3,715.70 U.S. Filter Butterfly Valves U.S. Filter $27,912.20 Corcel Corporation Check Valves U.S. Filter $91,069.88 Semsco Clamps U.S. Filter $3,677.98 Semsco Corporation Stops U.S. Filter $35,110.00 Semsco Couplings U.S. Filter $33,043.03 Semsco Tail Pieces Semsco 51,672.00 Only One Bidder Elbows Semsco $85,971.30 Ferguson Gaskets U.S. Filter $4,613.20 Ferguson Gate Valves Semsco $113,540.25 U.S. Filter Only One Bidder every item in Glands Semsco $7,215.90 category Mega Lugs Semsco $7,948.70 U.S. Filter Meter Boxes/Lids/Valve Boxes U.S. Filter $116,297.50 Semsco Nipples Semsco $10,637.75. U.S. Filter Risers Hughs $48,647.50! U.S. Filter Only One Bidder every item in Rods U.S. Filter $4,077.90 category Plugs Semsco $637.00 Ferguson Saddles U.S. Filter $76,703.70 Semsco Sleeves Semsco $24,656.92 U.S. Filter Tubing Semsco $20,720.90 Hughs Uniflanges U.S. Filter $7,504.85 Semsco Page 1 JAN PG.,,_,~ Wyes/Tees !S sco $34,203.41 Ferguson em Accessory Kits !Semsco $3,930.30 Ferguson IA~ Hoses Semsco $227.50 Only One Bidder ' 'r 'Air Releases Semsco $11,790.70 Hughs Bends Semsco $215.31 Sunstate Caps Semsco $202.38 U.S. Filter Cleanouts Home Depot $63.60 Only one bidder. Kamlocks U.S. Filter $9,041.40 Good Year Rubber Increasers U.S. Filter $125.10 Semsco Markers Semsco $21,630.00 U.S. Filter Plugs Corcel $220,002.03 U.S. Filter Reducers Semsco $1,225.25 U.S. Filter Test Balls Semsco $6,094.96 Only one bidder. Hooks/Flags/Tape Ferguson $120, 148.60 U .S. Filter 4" PVC C900 DR 14 U.S. Filter $745.00 Ferguson 6" PVC C900 DR 14 Ferguson $145.00 U.S. Filter 8" PVC C900 DR .14 Ferguson $2,445.00 U.S. Filter 10" PVC C900 DR .14 Ferguson $3,700.00 U.S. Filter 12" PVC C900 DR .14 Ferguson $5,315.00 U.S. Filter '14" PVC C900 DR '14 =No bidders $0.00 '16" PVC C900 DR '14 No bidders $0.00 '18" PVC C900 DR '14 No bidders $0.00 4" PVC C900 DR 18 U.S. Filter $565.00 Ferguson 6" PVC C900 DR '18 Ferguson. $1,110.00 U.S. Filter 8" PVC C900 DR 18 Ferguson $1,925.00 U.S. Filter Page 2 '~~ t0" PVC C900 DR 18 Ferguson $2,950.00 U.S. Filter 12" PVC C900 DR 18 U.S. Filter $4,215.00 Ferguson 14" PVC C905 DR 18 U.S. Filter $1,218.00 Ferguson 16" PVC C905 DR 18 U.S. Filter $1,558.00 Ferguson 18" PVC C905 DR 18 U.S. Filter $1,973.00 Ferguson 20" PVC C905 DR 25 U.S. Filter $1 ,~.',;~8.00;Only 1 bidder I 24" PVC C905 DR 25 U.S. Filter $1,299.00 Onl 1 bidder i Y 4" DI Class 51 Semsco $437.60 U.S. Filter 6" DI Class 51 Semsco $502.40 U,S. Filter 8" DI Class 51 Semsco $691.20 U,S. Filter 10" DI Class 51 Semsco $910.40 U.S. Filter 12" DI Class 51 Semsco $1,158.00 Ferguson 14" DI Class 51 Semsco $1,490.40 Ferguson 16" DI Class 51 Semsco $1,748.80 U.S. Filter 18" DI Class 51 Semsco $2,013.60 U.S. Filter 20" DI Class 51 Semsco $2,292.00 Ferguson 24" DI Class 51 Semsco $2,292.00! Ferguson 30" DI Class 51 Semsco $991.00 Ferguson 36" DI Class 51 Semsco $1,377.40 Ferguson 3" PVC Sch. 40 Ferguson $189,00 Home Depot 4" PVC Sch. 40 Ferguson $267.00 Home Depot 6" PVC Sch. 40 Ferguson $471.00 Home Depot 8" PVC Sch. 40 Ferguson $723.00 Home Depot 10" PVC Sch. 40 Ferguson $672.00 Home Depot 12" PVC Sch. 40 Ferguson $178.00 Home Depot Page 3 4" PVC Sewer Pipe SDR35 U.S. Filter $132.00 Home Depot 6" PVC Sewer Pipe SDR35 U.S. Filter $800.00 Ferguson 8" PVC Sewer Pipe SDR35 U.S. Filter $534.00 Home Depot 10" PVC Sewer Pipe SDR35 U.S. Filter $283.00 Ferguson 12" PVC Sewr Pipe SDR35 U.S. Filter $408.00 Ferguson 15" PVC Sewer Pipe SDR35 U.S. Filter $608.00 Ferguson 1" Grade 316 Ferguson $100.00 Only 1 bidder 2" Grade 316 Ferguson $5,236.00 Only 1 bidder $1,306,839.25 Page 4 ""' EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO RECOGNIZE CARRYFORWARD IN FUND 414. OBJECTIVE: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District (CCWSD) approve a budget amendment to recognize Carryforward in the Utilities Sewer Capital Projects Fund (414) for the purchase of Rookery Bay Services, Inc. (RBS) Wastewater Utilities. CONSIDERATIONS: On August 4, 1998 the Board approved the purchase agreement between RBS and CCWSD. Under the purchase agreement, the acquisition price for the customer base and collection system of RBS is $1.2 million. System improvements (force main and pump station) to effect connection of the RBS system to CCWSD will cost approximately. $300,000. The total cost of the transaction to the CCWSD is approximately $1,500,000. RBS has notified staff that the construction of system improvements should be completed by the end of January and the closing will occur shortly thereafter. To prepare for the closing date, we need to amend the budget in fund 414. FISCAL IMPACT: In FY 97/98, we transferred $1,500,000 from Utilities Operations (fund 408) to County' Sewer Capital Projects (fund 414). During the budget process, we had Forecast that this money would be spent. Therefore Carryforward is understated by $1,500,000. The following accounts will be effected by the budget amendment. Fund 414: County Sewer Capital Projects Cost Center 263611: Combined Sewer Capital Projects Project TBD: Acquisition of RBS Amount $1,500,000 Increase Fund 414: County Sewer Capital Projects I,,., Cost Center 919010 Reserves Object Code 489200 Carryforward ~ Amount $1,500,000 Increase GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends the Board approve the budget amendment as discussed herein. REVIEWED BY~ w ' ~n, O a ctor c~ner, Pu~ic~orks Administrator / ~[te EXECUTIVE SUMMARY ACCEPT TWO GRANT AGREEMENTS FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) IN THE TOTAL AMOUNT OF $400,000. OBJECTIVE: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District accept two grant agreements to construct Aquifer Storage and Recovery (ASR) systems for potable water and reclaimed water reuse. CONSIDERATIONS: Last Spring staff submitted two grant applications to the SFWMD Alternative Water Supply Funding Support Program for ASR systems. An ASR well is a method of increasing the available water supply by storing excess water in underground aquifers, and recovering it when needed to satisf.v peak demands. On October 19, 1998, we were notified that our applications were each awarded $200,000. One grant is for the Manatee Road Potable Water ASR. The scope of this project is to construct the pumping, piping, filtration, and treatment facilities to convert an existing test ASR well into a fully operational 1.5 MGD potable water ASR system. The project will allow the seasonal storage of over 100 million gallons of treated drinking water for withdrawal during the dry season and/or emergency situations using ASR technology. Cost for the construction is estimated to be $440,000. The construction started October 1998. All construction is anticipated to be completed by "" September 1999. The second grant is for the North County Reclaimed Water Reuse ASR. The scope of the project is to construct one pilot ASR well and one deep monitor well at the North County Regional Wastewater Treatment Plant. The project will create a facility for the storage and recovery of more than 140 million gallons of reclaimed water. It is anticipated that upon completion, the proposed system will be able to accept and recover reclaimed water at a rate of 1.5 to 2.0 MGD. Injection would occur over a 90 to 120 day period during the wet season, or whenever excess reclaimed water is available. Recovery would take place on an as-needed basis to increase peak season reclaimed water flows to County reuse customers. Cost for the construction is estimated to be $750,000. The requirements of the Reclaimed Water Reuse ASR grant dictate that construction be completed within 12 months of the planned start date. Permits have not yet been obtained. The planned start date for construction activities is July 2000. FISCAL IMPACT: Manatee Road Potable Water ASR: A budget amendment will be required for the grant revenue of $200,000. Since the expense has already been budgeted, the $200,000 will be placed in fund 412 Reserves (412-919010-993000-00000). Revenue: Fund 412: County Water Capital Projects Cost Center 273511: Combined Water Capital Projects Project 70860: Acquifer Storage &Recovery Project n0. (_C~.~.~_~ Executive Summary ASR Grams Page 2 FISCAL IMPACT (continued): North County Reclaimed Water Reuse ASR: We anticipate revenues to be received in FY 2001. An appropriate budget will be in place at that time to recognize grant revenues of $200,000. ExpenSes have been budgeted for the planning and design phase of this project in the following account: Fund 414: County Sewer Capital Projects Cost Center 263611: Combined Sewer Capital Projects Project 74030: Reclaim Water ASR GROWTH MANAGEMENT IMPACT: The adopted Water Master Plan and Collier County Utilities 201 Facilities Plan have identified the need to store potable water and reclaimed water in order to expand and maximize the effectiveness of the County's existing facilities. RECOMMENDATIONS: That the Board of County Commissioners, Ex-officio the governing board of the Collier County Water-Sewer District accept two grant agreements and approve the ,.--. necessary budget amendment. Submitted by: ~_,~Fd,'~L ~/4d-~ Date Susan Usher, Senior Accountant Date Reviewed. ,f"' ' Edward NT'Finn, Operations Director Approved Date//- Works Administrator Attachments: ( ,q (1) 1998-1999 South Florida Water Management District Funding Program Agreement for the North County Regional Wastewater Treatment Facility. (2 originals for Chairman's signature) (2) 1998-1999 South Florida Water Management District Funding Program Agreement for the Manatee Road Potable Aquifer Storage and Recovery System. (2 originals for Chairman's signature) EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #98-2878 FOR EMERGENCY & SCHEDULED SEWAGE HAULING. OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District award Bid #98-2878 for Scheduled and Emergency Sewage Hauling. CONSIDERATIONS: 1. The Wastewater Department of the Public Works Division maintains a very large system that includes approximately five hundred and fifty lift stations which require the services of pumper trucks when temporarily inoperable. 2. This service is utilized mostly during emergency situations to prevent the spillage of wastewater which can occur during inclimate weather conditions and extensive power outages. 3. Invitations to bid were sent to twenty seven (27) prospective vendors and was posted on October 26, 1998. Bids were opened on November 18, 1998 with three (3) bidders responding. 4. Staff has reviewed the bids and found T. Wayne Trucking to be the apparent low bidder. However, with their location being Lake Wales, Florida, staff does not feel they can meet the bid requirement of one I1) hour response time after notification of an emergency situation. (Page-6-Response Time-Emergency Services} 5. With further review, staff has found J. J. Baker Enterprises to be the lowest qualified and responsible bidder meeting all of the bid invitation requirements. 6. All legal requirements have been met. FISCAL IMPACT: The fiscal impact associated with this item is based on last years expenditures and estimated to be $35,000.00, depending on system demand. Funding is available in 408-233351 and 414-263611. Other County departments or governmental agencies may also utilize this bid. GROWTH MANAGEMENT IMPACT: None. ~0.~ GROWTH MJ~NAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Conunissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District award Bid #98-2878 Emergency and Scheduled Sewage Hauling Services to J. J. Baker Enterprises. PREPARED BY: David Chronister, Collections Supervisor - , ; REVIEWED BY: Timothy L. Clemons, Wastewater Director REVIEWED BY: Stephen Y. Car~ell, Purchasing Director APPROVED BY /~ /'~"~ ~ : Ed Ilschner, Public Works Administrator EXECUTIVE SUMMARY APPROVE AMENDMENT SIX (6) TO PROFESSIONAL SERVICES AGREEMENT WITH METCALF & EDDY, INC., FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD EXPANSION, CONTRACT #95-2323, PROJECT 70859/70828 OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a change to the labor rate schedule and method of payment with no net increase in total fees. CONSIDERATION: With the approval of the County, design engineer Metcalf & Eddy, Inc. (M&E), has made pertinent staff changes for the adminstration of the NCRWTP 8-mgd Expansion project. With the consent of County staff, M&E elected to make staffing changes to enhance the project team's ability to perform.. More specifically, the changes involve replacement of the former M&E Project Manager and Senior Project Manager with new M&E professionals. This proposed Amendment Six (6) results in no monetary increases to the Professional Services Agreement; however, it does include a new labor category on the hourly rate schedule, a change in the method of payment for Task A. 10.3 from time and material to lump sum, and a reallocation of funding from Task A.10.8 to task A.6 for consultation and support services during construction. The foregoing is more fully described in the attached M&E letter dated November 12, 1998, provided as Schedule A to this Amendment. A summary of contract amendments is as follows: Description Amount BCC Approval Original Professional Services Agreement: $1,181,619.00 04/11/95; item 8(H)(1) Amendment One (1): $ 100,800.00 12/19/95; item 8(B)(5) Amendment Two (2): $ 105,909.50 10/15/96; item 16(B)(8) Amendment Three (3): $ (637,858.00) 01/07/97; item 16(B)(7) Amendment Four (4): $ 503,142.00 03/25/97; item 16(B)(5) Amendment Five (5): $ 41,200.00 12/02/97; item 16(B)(5) Proposed Amendment Six (6): $ 0 Total Professional Services Agreement $1,294,812.50 FISCAL IMPACT: none GROWTH MANAGEMENT IMPACT: This project is consistent with Capital Improvement Element (CIE) 859 and 865, and also with the Master Plan adopted by the Board on October 22, 1996. Executive Summary Approve Amendment Six to Professional Services Agreeement with Metcalf & Eddy, Inc. Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve and authorize Chairman to execute Amendment Six (6) to the Professional Services Agreement with M&E for professional engineering services for the NCRWTP 8-mgd Expansion, contract #95-2323. Peter Schalt, PMP, Project Manager Public Works Engineering Department REv Ewv, n B. ffB DAWE: /53' ibby, P.E., Director Public Works Engineering Department "" REVIEWED BY:' /" ~ DATE: Paul Mattausch, Water Director Public Works Division APPROVED d~~ DATE: Ed Ilsc~er, ~dmihistrator Public Works Division PS:ps Attachment: Eight Original Professional Services Agreement Amendments No. Six (6) JAN 121B,g9 L~-.... NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8 MGD EXPANSION AMENDMENT SIX (6) TO PROFESSIONAL SERVICES AGREEMENT This Amendment Six (6) to the Agreement dated April 11, 1995 (hereinafter "AGREEMENT") is made and entered into this day of ,19 , by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinal~er referred to as the "OWNER") and Metcalf & Eddy, Inc., a Delaware corporation, authorized to do business in the State of Florida, whose new business address is 3740 Executive Way, Miramar, Florida 33025 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services a~eement for the provision of professional services for the NORTH COUNTY REGIONAL WATER TREAT~IENT PLANT 8 MGD EXPzLNSION (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMEN'T; and WHEREAS, OWNrER and CONSLrLTANT a~ee some modifications to the services being contemplated under said AGREEMENT are necessary.; and Wq--IEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEEFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: JAN 12 19 9 ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies.. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Services", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said Project, shall be as shov,'n in the revised Schedule C as attached hereto. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8 MGD EXPANSION the day and year first written above. ATTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: By: Dwight E. Brock. Clerk Barbara B. Berry. Chairman Approved as to form and legal Sufficiency: Assistant County Attom v , e. Metcalf & Eddy, Inc. Witness AqUAAmAN '98 NOL/19 P/9 2 November 12, 1998 Mr. Karl Boyer Collier County Government Center Public Works Engineering 3301 E. Tamiami Trail Naples, FL 34112 Subject: North County Regional Water Treatment Facility (NCRWTP) 8 mgd Expansion Engineering Services Agreement - Budget Modifications Dear Mr. Boyer: Metcalf& Eddy has expended significant funds to support tasks beyond the original scope of our agreement. We have attempted to budget our funds to stay within the original contract limits. However, several factors threaten to put our cost over the budget. We are requesting that the existing funds be rebudgeted to cover our increased costs, to avoid delays in response to the urgent needs of this project, and to reduce concerns about out-of-scope work. As you are aware, the construction project for the North County Regional Water Treatment Plant will extend as much as six months beyond the original completion date. Our unit billing rates have not been adjusted since the original agreement in April, 1995. In addition, we have undertaken a series of consultations in support of the County that are outside of our scope. In an effort to reduce our administrative costs, and to avoid a contract amendment for time extension and increased expenditures, Metcalf & Eddy is requesting that its engineering services budget be modified without increasing the total allocation. We propose the following adjustments: 1. Move task A. I0.3 Record Drawings from reimbursable services to Lump Sum Services Move the remaining funds in tasks A8 and A.9 to this task. 2. Dedicate a lump sum for consultation during construction that will accommodate any additional non-design tasks related to the WTP expansion. We request that a budget of $32,000 be moved from Task A. 10.8 Other Services to Task A.6 ._.,, Construction Contract Administration for this purpose. This would allow for Metcalf & Eddy, Inc. 1'11201 Peacthtree Street, NE E3Atlanta, Georgia 30361 Voice: (404) 881-8010 Fax: (404) 872-3161 Mr. Karl Boyer November 12, ! 998 Page 2 additional trips to the sile and in,~e~igation~ in suppnr~ of related projecl issues. Wc will invoice these scrvi'ces in eight mo~tb_lv ~mounts of~,00~ ~a~tin~ in November 1998. 3. Assi~ a billing ral.e of $!23 per hour ,h, With these modi~tions, ~e schedule of f~cs enclosed We would accept ~is budg~ modification fi~r ~l ~on-desi~n relat~ set~ce~ ~ou~ ~e cuff~t proje~ completion da~e qf Please ranlad me if you have 8ny quest~r~ ~'- c:~mmen~ Since/ely, METCALF & EI)I)Y, 1NC Nicholas B. Cooper, P Project Manager Cc: Robc'~to Ort iz, M&F, File EXECUTIVE SUMMARY APPROVE CHANGE ORDER 12 RELATED TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT EXPANSION, BID 97-2690R, PROJECT 70828/70859 OBJECTIVE: That the Board of County Commissioners, as Ex-Of~cio the Governing Board of the Collier County Water-Sewer District, enhance the ability of our project delivery system by making funds available for unforeseen work needed to complete this time-sensitive project. CONSIDERATION: It is imperative that the on-going expansion to our North County Regional Water Treatment Plant (NCRWTP) be substantially completed on schedule in order to meet our ever-increasing water demands. Our current construction contract calls for the additional capacity to be "on-line" by March 21, 1999, just in time to meet our anticipated peak water demand season. On-going construction is approximately 71 percent complete as of December 1, 1998. Change orders for unforeseen conditions and additional work are inherent to a construction contract of this type and magnitude. An allowance for such changes was part of the original contract award in the amount of one percent (1%) of the original contract amount. The funds in the allowance item have been exhausted. It is reasonable to anticipate that other unforeseen or additional work will become necessary to complete the plant expansion. Because of the time-critical nature of this plant expansion, it is recommended that the Board approve the proposed Change Order 12 to increase the amount of the allowance item in the construction contract from one percent (1%) to two percent (2%) of the original contract amount. This will encumber funds making them immediately available in the event that unforeseen conditions warrant additional work by the Contractor. A copy of proposed Change Order 12 is attached. The bulk of the funds for allowance work in the amount of one percent (1%) of the original contract amount were used to help offset the cost to replace existing raw water yard piping. The existing fiberglass reinforced pipe carrying raw water into the facility has experienced recurring breaks causing unanticipated plant outages. Replacing this pipe is similar to work authorized by the Board in Change Order 7 (August 4, 1998, agenda item 16(B)(15)). Our plant expansion contractor, Milmir Construction, Inc., provided a proposal to complete .the work. Our engineering consultants, Metcalf & Eddy (M&E), reviewed and recommended the proposal. Staff administratively approved Change Order 11 on November 24, 1998. Executive Summary Approve Change Order 12, NCRWTP Expansion --- Page 2 A summary of change orders to date on this project is provided as follows: Days to Days to Substantial Final Amount Completion Completion Original Contract $13,684,984.90 410 502 Sum of previous changes $197,403.10 20 20 Propo s ed Change Order 12 $136,849.85 0 0 Revised Contract $14,019,237.85 429 522 (03/21/99) (06/21/99) FISCAL IMPACT: A budget amendment is necessary to transfer: Amount: $136,849.85 From Fund: 411, County Water Capital Projects Cost Center: 919010, Water Reserves Amount: $136,849.85 To Fund: 411, System Development Fees Cost Center: 273511, Combined Water Capital Project: 70859, NCRWTP 8~mgd Expansion GROWTH MANAGEMENT IMPACT: The water treatment plant expansion is consistent with Capital Improvement Element (CIE) 859 and 865, and also with the Water Master Plan adopted by the Board on October 22, 1996. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Works Engineering Department Director to execute Change Order 12 to the NCRWTP Expansion, Bid 97-2690R, Project 70828/70859 and approve the associated budget amendment. SUBMITTED BY: ' ') ' - Date: { p vmwgn BYY: df ° Date: /..,-Q,. effB~bby, P.E., r APPROV~/~B _~_ Date: JAN 12 1959 CHANGE ORDER TO: Milmir Construction, [no FROM: Collier Counta,.' Government P.O. Box 9400-A 3301 East Tamiami Trail, Building D 1617 Rowe Avenue Naples, Florida 34112 Jacksonville, Florida 32208 Project Name: NCRWTP - 8MGD Expansion Construction Agreement Dated: 12/16/97 Bid No.: 97-2690R Change Order No.: 12 Date: Change Order Description: (Attach justification and supporting documentation for this change.) See Attachment "A" - Description of changes and justification SOunr~ ers amount ....... ~.. ~~ 197,403.10 Substantial Final Original contract time in calendar days ...................... 410 502 Adjusted number of calendar days due to previous change orders 430 522 This change order adjusted time is ......................... 0 days 0 davs Revised Contract Time in calendar days ..................... 430 522 Original Notice to Proceed date ............................ 01/16.98 Completion date based on original contract time .............. 03,'01,'99 06,'01/99 Revised completion date ................................. 03,'21,:99 06/21/99 Your acceptance of this change order shall constitute a modification to our Ageement and will be performed subject to all the same terms and conditions as contained in our Ageement indicated above. as full>' as if the same were repeated-in this acceptance. The adjustment. if~y, to this Agreement shall constitute a full and final settlement ofany and all claims of the Contractor a:ising out of, or related to. the change set forth herein, Adaln Sobolewski, P.E, Accepted by: Da:e: ' ~2'7- Donald'Kl~se, Vice Preside.':.: Peter Schalt, PMP, Project .Mzr, ager Collier Count>.' PX, VED Reviewed by: Date: Jeff Bibby, P.E., Px, VED Director /"") C,ollier County P~,VED Approved by: ul Martausch, Water Director Public \Vorks Division Approved by: Date: Ed Ilschner, Public \Vorks Administrator Public Works Division (For Use by O~'ncr: Fund: Cost Center: Obyzct Code: Project G:'i:orms'Changt:Order.",lasterdocRe~ised01/29,98 ' IAN 12 1999 L 1 of'3 COLLIER COUNTY NCRVVTP 8-MGD EXPANSION County Bid No. 97-2690R CDM PFOjeCt NO. 6295-21728 CHANGE ORDER NO. 12 ALLOCATION TO FUNDING SOURCES Change Cosr:'(Credit) Fund ~ 70828 Fund ~ 70859 Order Amount \VeII~eld NCR\\'FP Expansion Item ~ 1 S 136,849.85 S0.00 S 13(5.849.85 : TOTALS S136.849.85 S0.00 SI36.849.85 COLLIER COUNTY NCRWTP 8-MGD EXPANSION County Bid No. 97-2690R CDM Project No. 6295-21728 CHANGE ORDER NO. 12 ATTACH M E NT "A" DESCRIPTION OF CHANGES AND ]Ub'I'IFICATION Item No. Description of Ch,~-nge ~ Cost (Credit) 1 Increase the Contract Allo`'`.'ance, Bid Item 4.2, for additional S136.849.85 `",'ork authorized and directed bv the County by replenishment from Count.',' Water Reserves Fund. Total ] 5136.849.85 Item No. [ Justification for Change I The Count',' Public \Vorks \Valor Department is providing additio,3..al funds from \\'ater Reserves to restore the Contract Allowance. Bid Item 4.2, which ,.,.ill be used to offset additional costs for additional Contract related work, as directed bv the Count.,,'. The origina! a!lowmnce amount c5 5135.-'94.90 ,,,,.'as used in Change Order No. 11 to replace existing fiberglass rzv,' water in~uent piping. Thus. the Contract no,.,.' b.~ no contingency lbr ur. SDreseer'. contilt:one. JAN EXECUTIVE SUMMARY APPROVAL OF A TIME EXTENSION FOR THE PARK IMPACT FEE STUDY AGREEMENT. Objective: That the Board of County Commissioners approve a time extension of the agreement for the Impact Fee Study for County Park System, Contract #97-2742, with Henderson, Young, & Company. Consideration: On March 10, 1998, the Board of County Commissioners entered into a four month agreement with the consulting services of Henderson, Young, & Company to update the current County Park Impact fees. This time frame proved aggressive, as the study has required additional statistical research at the County and State levels. Consequently, the Purchasing Department extended the study another three months. Three months was thought to be ample time to conclude the study; however, staff has been researching alternative methodologies to calculate the costs more accurately and thus a 180-day extension is requested. This extension will cover any additional time needed to conclude the study, as staff anticipates a report on the study to the Commission by January-February 1999. Growth Management: None Fiscal Impact: This agreement is budgeted in the Regional Park Impact Fee Funds, Parks and Recreation Administration (345-156310-63 1990) for the amount of $24,650. $17,748 has been remitted to Henderson, Young & Company for services rendered to date. Recommendation: That the Board of County Commissioners extend said agreement another six (6) months. J6.fin Dunnuck, Operations Coordinator Department of Parks and Recreation Reviewed ands. ;' Approve by: ' .- '-f' /"'1, . .% Date: I ;-',~ Marla Ramsey, Director "' Department of Parks and Recreation Steve Camell, IJirector Department of Purchasing Reviewed and Approved by:=Th ~ ,~ h Date: X7__.-7-t* e-4ta, inistrator l l~'nd* It m Division of Public Services ~o.~ JAN 1 Pg ,~ COLLIER COUNTY GOVERNMENT SUPPORT SERVICES DIVISION 3301 TAMIAMI TRAIL EAST Purchasing Department NAPLES, FL 34112 (941) 774-8425 A CERTIFIED BLUE CHIP COMMUNITY December 2, 1998 Henderson, Young & Company Suite 202 16700 NE 79th Street Redmond WA 98052 Attention: Mr. Randall L. Young, President Re: Contract #97-2742 -" Impact Fee Study for County Park System" Dear Mr. Young: The above-referenced contract is due to expire on November 9, 1998. Pursuant to Paragraph XIV. D of the Purchasing Policy, the County desires a 180 day extension of this agreement (or until May 9, 1999), under all existing terms and conditions. This letter will serve as the extension document upon approval of the Board of County Commissioners. We ask that you sign both copies in the space provided and return the original to the Purchasing Department. Thank you for your prompt attention to this matter. Sincerely, Steve Carnell, CSM Purchasing/General Services Director Typed Name and Title Date: December ~ ~ 1 P98 cc: John Dunnuck Operations Manager, Parks & Recreation Department JAN 12 3999 EXECUTIVE SUMMARY A RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS THAT THEY AWARD THE DEVELOPMENT AND DESIGN CONTRACT FOR THE NORTH REGIONAL LIBRARY TO THE ARCHITECTURAL FIRM OF BARANY, SCHMITT, WEAVER AND PARTNERS, INC. AND FURTHER THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE ATTACHED BUDGET AMENDMENT DEDICATING THE RESOURCES TO FUND SAID CONTRACT. OBJECTIVE: To authorize and fund a contract for the development and design of the North Regional Library. CONSIDERATION: The Board of County Commissioners authorized the public Library Department to issue a request for proposals for the design and on-site project management of a new library facility to be located on county property that is now occupied by the Domestic Animal Services. Following all legal and county policies, the Library issued such a request which was responded to by five local architects. In accordance with policy, a selection committee reviewed all proposals and as a group unanimously selected the firm ofBarany, Schmitt, Weaver and Partners, Inc. Then, a representative from Facilities Management, the Public Library and the Friends of the Library negotiated a contract with representatives of Barany, Schmitt, Weaver and Partners, Inc. A satisfactory contract, including on-site project management during construction, was drawn up in the amount of $326,940.00 and sent to the legal department for review. This contract represents a fee payment of less than 9% of the projected project cost and is well within the norm for local construction and below the average charge based on past experience for library construction. FISCAL IMPACT: Funds for the architectural contract are available in the unbudgeted reserves of the Library Impact Fees (Fund 355). The signing of this contract will have no long range financial impact on the County. The Commissioners will have the opportunity to review tong range effects when construction contracts are reviewed. GROWTH MANAGEMENT IMPACT: As per the Growth Management Plan the Library service is required to maintain .33 sq.ft. of space for each resident. In 1997, the Board of County Commissioners approved the use of larger regional facilities to meet this requirement. Under the present schedule, the North .Regional Library will open in 2001 and will provide a small overage in the square foot requirement. RECOMMENDATION: That the Board of County Commissioners approve the architectural design contract with Barany, Schmitt, Weaver and Partners, Inc. and further to authorize the budget amendment to fund this contract. SUBMITTED BY: ..~ ~,._.,.,., '. ate: 12/28/98 W. ~e~ REVIEWED BY: ,'~ '~ C/---'-~-- ~ Date:/2/~/~ Public Services Administrator EXECUTIVE SUMMARY AUTHORIZATION FOR THE CHAIRMAN TO SIGN A RECOMMENDATION FOR REAPPOINTMENT OF DR. MARTA U. COBURN AS THE DISTRICT 20 MEDICAL EXAMINER OBJECTIVE: To provide input from Collier County into the District 20 Medical Examiner appointment process. CONSIDERATION: Attached is a Recommendation for Reappointment for Dr. Marta U. Coburn as the District 20 Medical Examiner. The recommendation strongly supports reappointment and has been prepared by the Public Services Administrator who has the closest working relationship at the staff level. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. FISCAL IMPACT: There is no fiscal impact associated with this item. ----- RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS authorize the Chairman to execute and forward the Recommendation for Reappointment for Dr. Marta U. Coburn as the District 20 Medical Examiner following review and approval by the County Attorney. Prepared by: ~ ~.C"~J~ ~ Th~orna~.~Olliff, '~J~c Services Administrator J A N 12 1999 Pg., ,;;' ] ' ' MEDICAL EXAMINERS COMMISSION Recommendation For Reappointment District 20 Medical Examiner Dr. Marta U. Coburn Favorable X Unfavorable If Favorable, please give suggestions for improvement. If Unfavorable, please give reasons for negative response. There is no real suggestion for improvement. Dr. Coburn manages herself and her office in a very professional manner. She works closely with all local law enforcement agencies meeting monthly with homicide investigators, participating in mock disaster prepareciness drills and even volunteering for the County's telephone bank during recent hurricanes. She assisted the County immeasurably in the design and construction of the County's new Medical Examiner's Facility. Her staff participates in County-provided training, she attends and participates in regular County administrative meetings and she has provided secure computer connections from her off-campus facility to the County to allow for easy information sharing. Her bilingual abilities, quality medical training, and outstanding people skills make her an ideal Medical Examiner for the Collier County area. We would strongly recommend that the Govemor not consider any other candidates at this time and reappoint Dr. Marta U. Coburn to continue on as the District 20 Medical Examiner. Completed By: Signature: Date: Please Print: Barbara B. Berryt Chairman Collier County Board of County Commissioners Form Sent To: Chairperson Collier County Commission 3301 East Tamiami Trail Naples, Florida 34112 Please Return Form To: Dale H. Heideman Forensic Coordinator ..---- Florida Dept. Of Law Enforcement Post Office Box 1489 .- . . - JAN 12 1999 Pg .,,._._.,~:~ EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 98-2879 FOR ON-CALL ELECTRICAL REPAIRS AND NEW INSTALLATION. OBJECTIVE: To have the Board of County Commissioners award Bid No. 98-2879 for On-Call Electrical Repairs and New Installation. CONSIDERATIONS: On October 14, 1998 invitations to bid were sent to sixty-nine (69) prospective vendors. Bids were opened on November 12, 1998 with two (2) vendors responding. For evaluation purposes, an award calculation was used to determine low bidder. The following is the result: E.B. Simmonds $51,650 S.W. Electric $67,850 The bid specifications include a section for New Work. The successful bidder(s) shall ,.--~ be required to provide written "not to exceed" estimates on all projects. The County reserves the right to bid any job with an estimated cost of $25,000 or more. No single job may exceed $200,000. Staff has reviewed the bids and recommends that the bid be awarded to E.B. Simmons as primary vendor and S.W. Electric as secondary vendor. The purpose for the multiple award is that, historically, one company cannot always respond to every situation and staff needs the flexibility to contact another vendor if the primary vendor is unable to respond. FISCAL IMPACT: The fiscal impact associated with this item is estimated to be $90,000. This is a county-wide bid, and actual expenditures will be governed by each department utilizing this bid. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board of County Commissioners award Bid No. 98- 2879 to E.B. Simmonds as Primary and S.W. Electric as Secondary for On-Call Electrical Repairs and New Installation. i' AGENQA ITEM No. JAN ! 2 199~J Pg. / EXECUTIVE SUMMARY BID NO. 98-2879 PAGE TWO PREPARED BY: b-~:.~'~c-'~-i,."~.C~'_'' .' '~. '.,'~L'_',.,.C~DATE: Rhonda L. Snell, Buyer l Purchasing Department Steve Cardell, Director Purchasing/General SeNices /" / k 'f', -/' " ,L~' REVIEWED BY: _ ~.--~ Z' ~; b i DATE: Leo E. Ochs, Administr~or Suppo~ Sereices Division 1 1999 EXECUTIVE SUMMARY ~-- APPROVE A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE LIMITED USE LICENSE AGREEMENTS FOR THE 1999 CALENDAR YEAR. OBJECTIVE: Approve a Resolution authorizing the Chairman of the Board of County Commissioners (Board) to execute Limited Use License Agreements for the 1999 calendar year. CONSIDERATION: On April 16, 1991, January 14, 1992, January 12, 1993, January 4, 1994, January 10, 1995, January 9, 1996, January 14, 1997 and January 13, 1998, the Board approved Resolution No. 91-307, Resolution No. 92-12, Resolution No. 93-9, Resolution No. 94-6, Resolution No. 95-34, Resolution No. 96-12, Resolution No. 97-36 and Resolution No. 98-6 respectively, authorizing the Chairman of the Board, for the Chairman's tenure only, to execute specific Limited Use License Agreements (Agreements) for events held on County-owned property. The Agreements requested on a regular basis for these special events are listed below. These Agreements shall be the only Agreements submitted to the Board's Chairman for execution by way of memorandum under the same terms and conditions contained in the Agreements submitted for the previous year. It is important to note that the Limited Use License Agreement for the Golden Gate Area Chamber of Commerce. Inc. - Golden Gate Festival will include the Board's approval for that organization to sell and disburse alcoholic beverages on the property. during that particular event. The properties utilized for these special events include, but are not limited to, the Old Marco Island Library parking lot, the vacant property located west of the Golden Gate Community Center, referred to as Tract 115, and the Government Center. All other Agreements shall be presented to the Board for approval via an Executive Summary. Golden Gate Area Chamber of Commerce, Inc. - Golden Gate Festival and Annual Arts and Crafts Show Tract 115 Golden Gate Rotary Club - Christmas Tree Sales Tract 115 - The Art League of Marco Island, Inc. - Arts and Crafts Shows Old Marco Island Library - Supervisor of Elections of Collier County, Florida - Voter Access Golden Gate Fraternal Order of Eagles - Annual Taste of Golden Gate Tract 115 - Amateur Radio Association of Southwest Florida - Field Day Tract 115 or Government Center - Manatee Festival - East Naples Civic Association Government Center iAGENOA ITE~ - Annual Fun Skate - David Lawrence Mental Health Center, Inc. d A N 12 1999 Cool Cruisers of Naples, Inc. - Scholarship Fund Raiser Tract 115 Octagon Sequence of Eight, Inc. - Arts and Crafts Shows An Agreement represents a license for short term use, six (6) months or less, of County-owned property for a specific purpose. An Agreement does not convey an estate in said property or create any leasehold interest whatsoever. The Real Property Management Department prepares an average of thirteen (13) such Agreements per year. From the time a request for an Agreement is submitted to the Real Property Management Department until presentation to the Board of County Commissioners, the minimum time lapsed is approximately four (4) weeks. Due to the time lapse to process an Agreement, the Real Property Management Department is requesting that the Board authorize its Chairman to execute, during the 1999 calendar year only, the above-mentioned Agreements as they are prepared by the Real Property Management Department. The County Attorney's Office will review any proposed Agreements to determine if its use is appropriate, prior to submitting to the Chairman for execution. The Agreement shall be reviewed and approved by the Client Department, the Risk Management Department and the County Attorney's Office. FISCAL IMPACT: If the Agreement stipulates that the County is to receive monetary consideration for use of the County's property, said money shall be deposited into the appropriate account. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve a Resolution authorizing the execution of Limited Use License Agreements for special events on County-owned property by the Chairman of the Board, for the 1999 calendar year. PREPARED BY: ~ ~ DATE:/.~. '~. 7 ~' Michael H. Dowling, Real P~rty cialist, Real Property Management Dept. REVIEWED BY: ~ ~,_ ,~'~.r,, DATE: X~-~ -~ S~~yior, Directo~eal Pro~anagement Depa~ent Leo E. Ochs, Jr., Ad~ Suppo~ Se~ices Division JAN 12 1999 pg. ~ 2 o 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, · 4 COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF s LIMITED USE LICENSE AGREEMENTS BY THE CHAIRMAN OF THE 6 BOARD FOR THE 1999 CALENDAR YEAR. .~ 7 9 WHEREAS, there is a benefit tO the County and to the public if the administrative procedures x o concerning Limited Use License Agreements are expedited, while maintaining the safeguards of staff ix and legal counsel review of such Agreements; and 12 x 3 WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for 14 Board approval on reviewed and approved Limited Use License Agreements. 15 16 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 17 COMMISSIONERS, COLLIER COUNTY, FLORIDA that: 19 1. The Board of County Commissioners does hereby authorize the Chairman of the Board of 20 County Commissioners to execute Limited Use Agreements, for those special events listed below, 2 x following approval by the Real Property Management Department, the Client-Department, the Risk 22 Management Department and the County Attorneys Office. 23 24 - Golden Gate Area Chamber of Commerce, Inc. (Golden Gate Festival and Annual Art Show) 25 26 - Golden Gate Rotary Club (Christmas Tree Sales & Bass Tournament) 27 28 - The Art League of Marco Island, Inc. (Art and Craft Shows) 29 30 - Supervisor of Elections of Collier County, Florida (Voter Access) 32 - Golden Gate Fraternal Order of Eagles (Annual Taste of Golden Gate) 33 34 - Amateur Radio Association of Southwest Florida (Field Day Activities) 35 ~" 36 - East Naples Civic Association (Manatee Festival) 37 38 - David Lawrence Mental Health Center, Inc. (Annual Fun Skate) 39 40 - Cool Cruisers of Naples, Inc. (Scholarship Fund Raiser) 41 a 2 -Octago.n Sequence of Eight, Inc. (Arts and Crafts Show) 43 a 4 2. The authorization of the Chairman to execute Limited Use License Agreements hereunder 4 s shall extend only for the 1999 calendar year. 46 47 This Resolution adopted this __ day of , 1999, after motion, second 48 and majority vote. 49 50 s 1 ATTEST BOARD OF COUNTY COMMISSIONERS 52 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 53 54 BY: 55 , Deputy Clerk , Chairman 56 57 58 s 9 Approved as to form and e a $u mien · 61 62 'L //~ 63 ~"~idi F. Ashton ~ 64 Assistant County Attomey NOAC:.E ND2d l~MT__~ JAN 12 1999 EXECUTIVE SUMMARY APPROVE THE ATTACHED THREE (3) RESOLUTIONS AUTHORIZING THE BOARD OF COUNTY COMMISSIONER'S CHAIRMAN TO EXECUTE THE APPROPRIATE DOCUMENTATION REQUIRED TO EXPEDITE THE COUNTY'S LAND RIGHTS ACQUISITION PROGRAM FOR THE CALENDAR YEAR 1999 CHAIRMAN'S TENURE ONLY. OBJECTIVE: That the Board of County Commissioners approve the attached three (3) Resolutions authorizing the Board of County Commissioner's Chairman to execute the appropriate documentation required to expedite the County's land rights acquisition program for the calendar year 1999 Chairman's tenure only. CONSIDERATION: On June 16, 1992 [BCC Agenda Item Number 8(E)(1)], the Board of County Commissioners adopted Resolutions No. 92-342, No. 92-343 and No. 92-344. This act approved the processes and the typical schedules for the land rights acquisition phase of Capital Improvement Projects. Each year thereafter, the Board of County Commissioners approved certain recommended procedures which were intended to streamline the land rights acquisition process by the then current ""' Chairman e.g. by the adoption of Resolution No. 93-25, No. 93-26 and No. 93-27 [BCC Agenda Item Number 16(E)(2)] on January 26, 1993; by the adoption of Resolution No. 94-3, No. 94-4 and No. 94-5 [BCC Agenda Item Number 16(E)4] on January 4, 1994; by the adoption of Resolution No. 95-25, No. 95-26 and No. 95-27 [BCC Agenda Item Number 16(E)l] on January 3, 1995; by the adoption of Resolution No. 96-9, No. 96-10 and No. 96-11 [BCC Agenda Item Number 16(D)5] on January 9, 1996; and by the adoption of Resolution No. 97-37, No. 97-38 and No. 97-39 [BCC Agenda Item Number 16 (D) 4] on January 14, 1997; by the adoption of Resolution No. 98-7, No. 98-8 and No. 98- 9, [BCC Agenda Item Number 16 (D)2] on January 13, 1998. The County Attorney's Office has reviewed and approved the three (3) attached Resolutions and said Resolutions must be approved at the start of each year by the Board of County Commissioners to authorize its new Chairman to execute the appropriate documentation necessary to complete a property acquisition. Adoption of the three (3) attached Resolutions will authorize Staff to proceed with certain activities required to expedite property acquisition, and waive certain procedural requirements. These are the same standard policies and procedures which were previously adopted by the Board of County Commissioners in 1992, 1993, 1994, 1995, 1996, 1997 and in 1998 to save time and money and to improve the quality of the County's land acquisition programs. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None - - JAN 12 199 r RECOMMENDATION: That the Board of County Commissioners approve the attached three (3) Resolutions authorizing the Board of County Commissioner's Chairman to execute the appropriate documentation required to expedite the County's land rights. acquisition program for the calendar year 1999 Chairman's tenure only. / · Wilma Iverson, Senior Real Property Specialist Real Property Management Department Reviewed by: ~ ~.% ~;-~ Date: .~, '%? cxZQ San dra Taylor, Director f' \, Real Property Management Department , ~ Approved by: I ~ ~:. ," ~ ' j / ' ' Date: " ', Leo E. Ochs, Jr., Administrator Support Services Division' AGENDA ITF~ NO __~,'/:, /'> ,IA.N 12 ]999 I RESOLUTION NO. 99- 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 3 FLORiDA, PROVIDING FOR THE ACCEPTANCE OF ALL CONVEYANCES MADE TO 4 COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORiDA, AND 5 ALL CONVEYANCES MADE TO THE COLLIER COUNTY WATER-SEWER DISTRiCT, 6 WHICH ARE HEREAFTER MADE IN COMPLIANCE WITH THE DEVELOPMENT 7 COMMITMENT REQUIREMENTS OF ANY AND ALL ORDINANCES AND AGREEMENTS 8 OR AS AN INTEGRAL PART OF CAPITAL IMPROVEMENT PROJECTS. 9 WHEREAS, the Board of County Commissioners is the governing body of Collier County, a I0 political subdivision of the State of Flofida, and in addition is ex-officio the Governing Board of the 11 Collier County Water-Sewer District (hereina~er collectively referred to as "Collier County"); and 12 WHEREAS, various interests in real property must be conveyed to Collier County for public 13 use as a requirement of certain development commitments stipulated by Collier County ordinances, in 14 fulfillment of obligations which may now or in the future be contained in agreements between Collier 15 County and any legal entity, and as an integral part of capital improvement projects; and 16 WHEREAS, the formal acceptance by Collier County of such required conveyances is 17 important in that infrastructure maintenance responsibilities are thereby established, and the public 18 right to utilize fights-of-way becomes documented through such acceptance; and 19 WHEREAS, the growth of the County necessitates an increasing number of such conveyances 20 year after year; and 2 t WHEREAS, the number of conveyances has caused County staff to bring an increasing number 22 of separate "acceptances" before the Board of County Commissioners via Executive Summary and 23 Resolution; and 24 WHEREAS, it is desirable and in the best interest of Collier County to reduce the staff time and 25 paperwork which is generated by the forrealized acceptance process. 26 NOW, THEREFORE, BE IT RESOLVED that all interests in real property which may be 27 conveyed either to Collier County, a political subdivision of the State of Florida, or to the Board of : 28 County Commissioners as the governing body of Collier County, Florida, and as ex-officio the 29 Governing Board of the Collier County Water-Sewer District, and which are conveyed to either entity 3o as a development commitment requirement pursuant to any County ordinance, or in fulfillment of any 31 obligation which may now or in the future be contained in any agreement between Collier County and .o.--d'-C. '.F2 ~) JAN 12 1999 ~ any other legal entity, or which are required as an indispensable function during the completion of a capital project which has been approved by the Board of County Commissioners, are hereby accepted. 3 AND IT IS FURTHER RESOLVED that in order to document the acceptance of any such 4 conveyance of an interest in real property to Collier County, the Clerk to the Board is hereby 5 authorized to affix to any such conveyance instrument, prior to recording in the Public Records of 6 Collier County, Florida, a stamp or seal attesting to acceptance on behalf of Collier County. The Real 7 Property Management Director, or her designee, shall provide written notification to the Clerk of Court 8 that the conveyance was required by the Board of County Commissioners in fulfillment of an 9 obligation on behalf of the conveying entity or to complete project as approved. 10 AND IT IS FURTHER RESOLVED that the calendar year 1999 Chairman of the Board of 11 County Commissioners, or any subsequent Chairman, is hereby authorized to execute all documents 12 pertinent to the acceptance of any such conveyance or the clearing of the lien of any encumbrance from 13 any such conveyance. 14 AND IT IS FURTHER RESOLVED that staff is authorized to follow proper real estate closing 15,._.procedures and record all such documents in the Public Records of Collier County, Florida. HIS RESOLUTION ADOPTED on this ~ day of ,1999 after motion, second 17 and majority vote. 18 ATTEST: BOARD OF COUNTY COMMISSIONERS OF 19 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 20 By:. 21 , Deputy Clerk , Chairman 22 Approved as to form and 23 legal sufficien7/4/['/L 25 Heidi F. Ashton 26 Assistant County Attorney 27 I RESOLUTION NO. 99- 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 3 COUNTY, FLORIDA, RELATING TO THE ACQUISITION OF PROPERTIES, 4 DELEGATING AUTHORITY TO THE CALENDAR YEAR 1999 CHAIRMAN OF 5 THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE CERTAIN 6 DOCUMENTS INCIDENT TO PROPERTIES ACQUISITION ON BEHALF OF THE 7 BOARD, AUTHORIZING STAFF TO PROCEED WITH CERTAIN ACTIVITIES 8 REQUIRED TO EXPEDITE SAID PROPERTY ACQUISITION, AND WAIVING 9 CERTAIN PROCEDURAL REQUIREMENTS IN ACCORDANCE WITH THE 10 CAPITAL IMPROVEMENT ELEMENT OF THE COUNTY'S GROWTH 11 MANAGEMENT PLAN. 12 WHEREAS, the expeditious acquisition of property is of paramount importance to the 13 timely completion of many capital improvement projects, and attaining infrastructure goals in 14 accordance with the Capital Improvement Element of the County's Growth Management Plan; 15 and 16 WHEREAS, accomplishing the property acquisition and construction on or ahead of 17 schedule shall require a properly coordinated team effort among the individual departments and 18 agencies charged with overall responsibility for the projects, the Office of Capital Projects 19 Management, the Real Property Management Department, the Office of the County Attorney, 20 and the Board of County Commissioners, wherein certain routine processes require streamlining 21 and abbreviation wherever possible. 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 23 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County 24 Commissioners of Collier County, Florida, recognizes the importance of completing the various 25 capital improvement projects at the earliest possible time; and further, the Board recognizes the 26 relationship of the project schedule to meeting the concurrency requirements of Collier County's 27 Comprehensive Plan. 28 AND IT IS FURTHER RESOLVED that the Board of County Commissioners of Collier 29 County, Florida, recognizes the importance of the land fights acquisition function and its 12 1999 :' .,...a_ relationship to the overall project schedule; and the Board desires to facilitate and expedite the land rights acquisition process to the extent that it is empowered to do so by law. 3 AND IT IS FURTHER RESOLVED that the following measures are reasonably 4 necessary for the efficient and expeditious management and completion of capital projects: 5 1. The Board of County Commissioners, in accordance with the provisions of Chapter 125.355, 6 Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal 7 report for the purchase of a property where the purchase price of the parcel (the compensation 8 due to the property owner) is less than One Hundred Thousand and 00/100 Dollars 9 ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make 10 purchase offers for the properties, the dollar amounts of which shall be predicated on "staff 11 compensation estimates", i.e., based upon independent appraisals (and the data therefrom) ' 12 obtained on similar properties and upon consideration and application of appropriate market 13 value and cost data pertinent to the subject parcels. 14 2. The Chairman of the Board of County Commissioners is hereby authorized to execute 15 Appraisal Agreements on behalf of the Board with appraisal firm(s) from the pre-qualified short-list which, based upon the analysis and recommendation of staff, is (are) best able to serve 17 the needs of the project in a timely and cost-effective manner. 18 3. Upon the approval by the County Attomey's Office of all documents necessary for the subject 19 property acquisition, Real Property Managexnent Department staff is hereby encouraged to offer 20 immediate delivery to the respective property owners of the full compensation (as established by 21 the appraisal or staff compensation estimates in accordance with the provisions of Chapter 22 125.355, Florida Statutes), in return for the immediate and proper execution of the respective 23 easements and/or deeds, and such other legal documents and/or affidavits as the County 24 Attorneys Office deems appropriate in order to protect the interests of the County; and the Board 25 of County Commissioners hereby authorizes its Chairman and any subsequent Chairman, for the 26 life of the project, to execute any and all agreements and other legal instruments pertinent to such 27 property acquisition which have been reviewed and approved by the County Attomey's Office. 28 4. In those instances where negotiated settlements may be obtained via the "Purchase 29 Agreement" or "Easement Agreement" mechanism, the Public Works Administrator, or his designee, is hereby delegated the authority to approve the purchase offand interests above the Page 2 f J A N I 2 1999 relationship to the overall project schedule; and the Board desires to facilitate and expedite the 2 land rights acquisition process to the extent that it is empowered to do so by law. 3 AND IT 1S FLIRTHER RESOLVED that the following measures are reasonably 4 necessary for the efficient and expeditious management and completion of capital projects: 5 1. The Board of County Commissioners, in accordance with the provisions of Chapter 125.355, 6 Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal 7 report for the purchase of a property where the purchase price of the parcel (the compensation 8 due to the property owner) is less than One Hundred Thousand and 00/100 Dollars 9 ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make 10 purchase offers for the properties, the dollar amounts of which shall be predicated on "staff 11 compensation estimates", i.e., based upon independent appraisals (and the data therefrom) 12 obtained on similar properties and upon consideration and application of appropriate market 13 value and cost data pertinent to the subject parcels. 14 2. The Chairman of the Board of County Commissioners is hereby authorized to execute 15 Appraisal Agreements on behalf of the Board with appraisal firm(s) from the pre-qualified 16 short-list which, based upon the analysis and recommendation of staff, is (are) best able to serve 17 the needs ofthe project in a timely and cost-effective manner. 18 3. Upon the approval by the County Attorney's Office of all documents necessary for the subject 19 property acquisition, Real Property Management Department staff is hereby encouraged to offer 20 immediate delivery to the respective property owners of the full compensation (as established by 21 the appi'aisal or staff compensation estimates in accordance with the provisions of Chapter 22 125.355, Florida Statutes), in return for the immediate and proper execution of the respective 23 easements and/or deeds, and such other legal documents and/or affidavits as the County 24 Attorney's Office deems appropriate in order to protect the interests of the County; and the Board 25 of County Commissioners hereby authorizes its Chairman and any subsequent Chairman, for the 26 life of the project, to execute any and all agreements and other legal instruments pertinent to such 27 property acquisition which have been reviewed and approved by the County Attorney's Office. 28 4. In those instances where negotiated settlements may be obtained via the "Purchase 29 Agreement" or "Easement Agreement" mechanism, the Public Works Administrator, or his 3o designee,.is hereby delegated the authority to approve the purchase of land interests above the i JAN I 2 1999 ,.-..1 staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the project, within the pro-rata share of the land rights acquisition budget for the 3 parcel being acquired, only when the difference between the purchase price and the staff .. 4 compensation estimate or appraised value is less than Fifteen Thousand and 00/100 Dollars 5 ($15,000.00) or the current purchasing limits established by the Collier County Purchasing 6 Department; provided, Project funding is available. This s.ettlement approval authority is 7 delegated by the Board of County Commissioners to the extent that such approvals do not 8 conflict with the provisions of Section 125.355, Florida Statutes. 9 5. The Chairman of the Board of County Commissioners is hereby authorized to execute 10 Purchase Agreements and Easement Agreements where the land owner has agreed to sell the t I required land rights to the County at their appraised value or at that amount considered the 12 "Administrative Settlement Amount" as such term is internally used by the administrative 13 agencies of Collier County. 14 6. Where the property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or 1._.5 "Easement Agreement"), to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements and/or deeds, and such other legal 17 documents as the Office of the County Attorney may have required, the Board hereby authorizes 18 1) the County Attorney, or his designee, the authority to execute a closing statement on behalf of 19 the Board, and 2) the Finance Department the authority to issue warrants payable to the property 20 owner(s) of record in those amounts as shall be specified on a closing statement and which shall 21 be based upon the appraisal or staff compensation estimate in accordance with the provisions of 22 Chapter 125.355, Florida Statutes. 23 7. All title to properties which have been obtained in the manner described above shall be 24 deemed "accepted" by the Board of County Commissioners, as the governing body of Collier 25 County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby 26 authorized to record it in the public records of Collier County, Florida, said deeds and such other 27 instruments as may be required to remove the lien of any encumbrance from the acquired 28 proper~y. 29 1 2 3 THIS RESOLUTION ADOPTED this __ day of ,1999 after motion, second and 4 majority vote. 5 ATTEST: BOARD OF COUNTY COMMISSIONERS 6 DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA 7 By: 8 , Deputy Clerk , Chairman 9 Approved as to form and 12 Heidi F. Ashton 13 Assistant County Attorney 14 15 16 17 18 19 20 21 X RESOLUTION NO. 99- ' A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 3 COUNTY, FLORIDA DECLARING THAT A FEE SIMPLE 1NTEREST IN REAL 4 PROPERTY IS THE PREFERRED INTEREST SOUGHT FOR THE ACQUISITION 5 OF RIGHT-OF-WAY FOR TRANSPORTATION CAPITAL IMPROVEMENT 6 PROJECTS, AND SETTING FORTH THE RATIONALE THEREFORE. 7 WHEREAS, the construction of transportation improvements, as identified in the 8 Transportation Element of the Comprehensive Plan for Collier County, shall in many instances ' 9 require the acquisition of a right-of-way by either gift, purchase or condemnation; and 10 WHEREAS, the right-of-way for transportation improvements may be purchased or 11 condemned either as an easement over, under, upon and across the land', or the fee simple interest 12 in the land itself may be purchased or condemned; and 13 WHEREAS, full compensation, as required by the Constitution of the State of Florida, 14 for the easement fights purchased or condemned for transportation improvements is tantamount 15 to the full compensation required for the purchase or condemnation of the fee simple estate in property (between 90% and 100% of the fair market value of the lands so appropriated, 17 depending upon the property's zoning and the appraiser's judgment); and 18 WHEREAS, the purchase or condemnation of the full fee simple estate in lands required 19 for near term transportation improvements provides the County with a degree of control over the 20 fight-of-way which is superior to the control afforded by an easement only, and which, in many 21 instances, may produce cost savings on future public works improvement projects by gaining the 22 maximum flexibility over the uses permitted in the fight-of-way so acquired. 23 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 24 COMMISSIONERSOF COLLIER COUNTY, FLORIDA that in consideration of long range 25 planning and present day costs for transportation improvement projects, and in the interest of 26 exercising the maximum degree of control over the public road right-of-way which may allow 27 the County to realize substantial savings by locating future public works projects within the 28 acquired area, County staff is hereby directed to purchase or condemn a transportation road 29 fight-of-way in fee simple as the preferred method of exercising maximum control over the right-of-way in order to construct any anticipated capital improvement projects. I AND 1T IS FLIRTHER RESOLVED that in those instances irl which the purchase of a 2 full fee simple estate cannot be negotiated by County staff, and the costs associated with a 3 condemnation of the full fee simple estate may outweigh the future benefits contemplated by full 4 County ownership of the fight-of-way, and when the owner of the property is willing to convey a 5 perpetual, "non-exclusive", road fight-of-way easement over, under, upon and across the property 6 in compliance with the requirements of the transportation improvements, along with the fight to 7 construct and install subordinate utility and drainage improvements, together with access and 8 temporary construction easements, County staff is directed to negotiate a reasonable settlement 9 for the purchase of said "non-exclusive" easement, subject to Board approval, in lieu of 10 proceeding with an action in eminent domain against the subject property. 11 AND IT IS FURTHER RESOLVED that, notwithstanding the future benefits to be 12 derived by the County arising from a fee simple acquisition of the public right-of-way, there 13 exists those circumstances where the severance damages to remaining lands, as a result of the 14 taking of the fee simple estate for the transportation project, is of such an extent as to warrant the is purchase or condemnation of a lesser estate in the form of an easement interest in order to 16 mitigate or eliminate such damages; and in such instances County staff is hereby directed to 17 undertake such analyses of future benefits vs. current costs as are relevant to the determination as 18 to the specific interest in real property the County should acquire for the instant project, and 19 County staff may make such purchase offers, or prepare such pleadings in eminent domain, as 20 may be necessary to mitigate or eliminate severance damages, and reduce total project cost. 21 THIS RESOLUTION ADOPTED this day of ,1999, after motion, second and 22 majority vote. 23 ATTEST: BOARD OF COUNTY COMMISSIONERS 24 DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA 25 By: 26 , Deputy Clerk , Chairman ' 27 Approved for form and 29 30 Heidi F. Ashton, Assistant County Attorney , jAN ! 2 1999 Page 2 Executive Summary APPROVAL TO AWARD BID # 98-2895 TO MULTIPLE HVAC CONTRACTORS FOR HVAC EQUIPMENT REPAIR AND MAINTENANCE OBJECTIVE: Have the Board of Collier County Commissioners award Bid # 98-2895 to Air Mechanical & Service as primary, Future Controls Inc. and B& I Contractors Incorporated Inc. as secondary and Advanced Air Refrigeration Inc. as third Vendor for the purchase, repair, maintenance and installation of HVAC equipment. CONSIDERATIONS: On December 9, 1998, the Purchasing Department solicited bids for the purchase, repair, maintenance and installation of HVAC equipment. The selection of vendors was based on a pricing formula taking into account cost of installation labor hours for specific categories. Those categories included: cost per hour for Foreman, Journeyman, Helper/Apprentice and general laborer. In addition, consideration was given for emergency response time, on-call non-emergency response time and markup over actual cost for materials. A total of nine (9) bidders responded, four (4) were selected in the following order: Primary Vendor - Air Mechanical and Service Secondary (tied)- Future Controls Inc. B & I Contractors Incorporated Inc. Third Vendor - Advanced Air and Refrigeration Inc. These services are utilized throughout the County for repairs, remodeling and new construction of HVAC equipment. FISCAL IMPACT: HVAC repair and maintenance expenses average $65,000 annually, based on approved building maintenance and capital budgets. Funds are budgeted in FY 1998-99 project cost centers. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of Collier County Commissioners award Bid # 98-2895 to Air Mechanical & Service as primary, Future Controls Inc. and B& I Contractors Inc. as secondary, and Advanced Air Refrigeration Inc. as third Vendor for the purchase, repair, maintenance and installation of HVAC equipment. 1999 Executive Summary On-Call HVAC Contractor Bid Page Two The Department of Facilities Management Reviewed By: .~'/'/c"c"c',',2 "2,z"? Date:/~, Skip'Camp, CFM, Director The Department of Facilities Management --- Reviewed By: -,":. ~-."- Date: Stephen Y. Camell, Director Purchasing Department Approved By: - . . i, ; Date: Leo E. Ochs, Jr., Administrator Support Services Division J A N ~ 2 1999 ---- EXECUTIVE SUMMARY APPROVAL TO AWARD BID # 98-2897 TO WAYNE WILES CARPET FOR PURCHASE & INSTALLATION OF CARPET TILES. OBJECTIVE: To have the Board of County Commissioners award Bid # 98-2897 to Wayne Wiles Carpets for purchase & installation of carpet tiles. CONSIDERATIONS: On November 23,1998, the Purchasing Department solicited bids for the purchase and installation of carpet tiles from 29 vendors. A list of products, which are utilized throughout the County for repairs, remodeling and new construction was included in the Bid package. A total of 5 requested the full bid package. Two vendors returned "no bid" responses. On December 9,1998, bids were opened. One vendor responded with two alternates to the referenced product due to discontinuance by the manufacturer. The single bidder, Wayne Wiles, is the County's current contractor for carpet. The bid results are listed in the attached bid tabulation sheet. FISCAL IMPACT: The floor covering (carpet) expenses average $60,000 annually, based on approved capital improvements. Funds are budgeted in the appropriate capital projects cost centers in FY 1998-1999. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners award Bid # 98-2897 to Wayne Wiles Carpets for purchase & installation of carpet tiles as addressed within this summary. - ,~ I- /' . .,.:', .j.:;/,. :, SUBMITTED BY: Z;~ .;...~-::; ' D ate: Daniel R. Rodriguez, FaciLi~s Manager Department of Facilities fianag~ment REVIEWED BY:/'~~Z~,.'~2'~) Date: Skip Camp, CFM, Director ' Department of Facilities Management Executive Summary Cont. Carpet Tiles Bid Page 2 REVIEWED BY: 7~,~,:~-.~; .' -; · ': ,- Date: Stephen Y. Camell, Director Purchasing Department APPROVED BY: ~ '- ~. ~5 ?.. -' Date: Leo E. Ochs, Jr., Administrator Support Services Division · ~ ~, N 12 1999 Pgo EXECUTIVE SUMMARY AUTHORIZE THE CANCELLATION OF RFP # 98-2825 "TIME & ATTENDANCE SOFTWARE/HARDWARE APPLICATION". OBJECTIVE: Authorize the Purchasing Department to cancel RFP 98-2825 "Time and Attendance Software/Hardware Application". CONSIDERATION: In conjunction with the Purchasing and Human Resources Department, The Facilities Management Department was asked to seek proposals for a time and attendance software/hardware application. This application was intended to be utilized Countywide to reduce time and cost of payroll data collection, automate recording procedures and to eliminate an abundance of time sheets/cards. During the interview process, a new application being implemented by the Human Resources Department warranted holding up this project until a later date. With the implementation of a payroll module utilized in PDS (Human Resource's operational application), a few concerns arose as to the compatibility of the new payroll module and the proposed Time and Attendance application. It was agreed upon by all committee members, ~hat the roll out of a time and attendance software application should not supercede implementation of the newly acquired payroll module. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners rescind RFp 98-2825 "Time and Attendance Software/Hardware Application". Baniel R~od~g:ez, F~~~nager Date://,,~ Department of Facilities Management REVIEWED BY: ,, ~~(~~ Date: Skip Camp, CFM, Director Depa~ment of Facilities Management JAN 12 1999 / .Executb;'~ Summary Cont. Cancellation of RFP 98-2825 Page 2 Stephen ~. Carnd'fl, Director ' ' Purchasing Department APPROVED BY: ~ -~-~ "' , Date: Leo E. Ochs, Jr., Xdminis~ or Suppoa Se~ices Div EXECUTIVE SUMMARY Rejection of Bid # 98-2876, Purchase of Protective Footwear, and Request to Utilize Dade County Bid # 1802-2/99-1 Awarding a bid to Lehigh Safety Shoes, Inc. OBJECTIVE: To reject Bid # 98-2876, Purchase of Protective Footwear, and request to utilize Dade County Bid # 1802-2/99-1 awarding a bid to Lehigh Safety Shoes, Inc. CONSIDERATION: On July 17, 1998 the Risk Management Department made a proposal to the County Administrator regarding the provision of Protective Footwear for those employees who face the hazard of foot injury. The proposal set forth a program whereby a determination of need would be established for each employee by conducting personal protective equipment assessments for each position. After looking at previous foot injuries and their severity, it appeared that most of these injuries could have been prevented if proper protective footwear were worn. A Protective Footwear Policy was drafted to set forth procedures to govern the purchase, inspection, replacement, and use of protective footwear. On September 15, 1998, Bid #98-2876 "Protective Footwear" was advertised for the purpose of procuring a vendor for protective footwear. Only one vendor responded and that vendor's bid was unresponsive. Shortly thereafter it was learned that Dade County had a contract award for protective footwear provisions listed as Bid #1802-2/99-1 which was sufficient for this purpose. Each vendor was contacted and provided a copy of Collier County's Protective Footwear Policy which included the services such the county would require including a biannual integrity inspection plan. Although Dade County's selection included two vendors, Iron Age and Lehigh, staff chose to evaluate both on the basis of price, service and selection and to make a single selection. The price of Lehigh's shoes was on average 22% less than that of Iron Age. Following this evaluation Lehigh Safety Shoes, Inc. was selected to service Collier County. The authority to utilize Dade County Bid 1802-2/99-1 is permissible under Collier County Purchasing Policy Section 13B, "Standardization, Cooperative Purchasing and Governmental Contracts". FISCAL IMPACT: Approximately 300 Collier County employees will be issued protective footwear due to the hazardous tasks they perform. The average price of each pair of protective footwear is $80. The total cost for this purchase should not exceed $25,000. Based upon an analysis of foot injuries from October 1995 to present, the benefits of this purchase in the form of reduced Workers' Compensation foot injury costs should far exceed the cost of this footwear purchase. ~ AGENOA ITEM J A N 12 1999 pg. I In FY 99, protective footwear for General Fund departments will be paid from the Workers' Compensation Fund #518-121630 and Protective Footwear for aZL 1 o~_her funds will be paid from their individual budgets. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board of Commissioners reject bid #98-2876 Purchase of Protective footwear and utilize Dade County Bid #1802-2/99-1, awarding a bid to Lehigh Safety Shoes, Inc., authorizing staff to execute those budget amendments necessary to finalize this purchase. Michael Dock, Senior Risk Analyst REVIEWED BY: ~./~d"~z7~'~.,; ~_ Date://'~' ~; ~' deft Walker, Director of Risk Management gteve Carnell, Purchasing and General Services Director APPROVED BY: ~ ~ ,,' ~ Date: ,:,/'' ' Leo Ochs, Jr., Support Services Administrator AGE/!~OA, IT / J A N 12 1999 pg, EXECUTIVE SUMMARY Approval of Sun Life of Canada as the County' s Basic Group Term Life Insurance Company. OBJECTIVE: To seek approval from the Board of Commissioners to select SunLife 'of Canada to provide Basic Group Life Insurance for county employees. CONSIDERATION: As part of its core employee benefit program, the Board of Commissioners provides one times salary Group Term Life and Accidental Death and Dismemberment insurance to its employees. In November, 1995 the Board of Commissioners approved the selection of MetLife as the County's group life insurance carrier with an effective date of December 1, 1995. MetLife agreed to a three year rate guarantee of. 18 per $1000 for basic life and .03 per $1000 for AD&D. Premiums paid to MetLife in FY 98 totaled $98,584 for this coverage. On December 1, 1998, the three-year rate guarantee with MetLife ended. In September, 1998 MetLife proposed a rate increase of 105% on this program with a one year rate guarantee. The proposed rate increased from. 18 per $1000 to. 37 per $1000 of insured salary. The basis of this rate increase reflected claims paid during the three-year period which totaled $438,130.36. Estimated premiums paid during the contract totaled approximately $290,000. Willis Corroon, the county's contract benefits insurance broker, began a marketing effort in September in which 8 carriers were contacted. Due to the losses experienced by the county and the unwillingness on the part of certain carriers to underwrite public employer groups, it was difficult to finalize proposals until after the Thanksgiving holiday. Proposals were received from four carriers whose rates are demonstrated as follows: MetLife SunLife Canada Life Hartford Basic Life Rate .37 .32 .31 .35 Basic AD&D Rate .03 .025 .05 .03 Annual Premium $187,710 $161,900 168,939 $178,324 Rate Guarantee 1 Year 2 Years 2 Years 2 Years Annual premium is based upon estimated payrolls of $46,927,619. SunLife proposed the lowest rate and the terms and conditions of their pror~osal met or exceeded the current program. SunLife proposed a two-year rate guarantee. Based on this analysis, SunLife is recommended as the county's Basic Group Term Life and AD&D Insurance carrier. FISCAL IMPACT: The expected annual cost based upon estimated payroll of $46,927,619 is $161,900. Funds are budgeted within the personal service budge[~ J A N 12 1999 each operating department for this life insurance. Based on an average salary of $28,000 the annual premium per employee would be $96.60. This compares to $58.80 under the previous MetLife rate. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: It is recommended that the Board approve the selection of SunLife of Canada to provide basic Group Term Life and Accidental Death insurance coverage with an effective date of January 1, 1999. In addition, it is recommended that the Board approve the payment of one month' s premium for the month of December, 1998 to MetLife at a rate of .37 per $1000 for life and .03 per $1000 for accidental death insurance. SUBMITTED BY:~,)~2p'~/~'~7- Date: /j~ft Witlker, CPCU, ARM Director, Risk Management APPROVED BY: ' ' / Date: Leo E. Ochs?Jr., Support Services Administrator A~UOA ,.I'[EH No. ~...: J A N 1, 2 1999 Pg. "' EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, TO EXECUTE DEEDS AND AGREEMENTS FOR DEED TO RIGHT OF INTERMENT FOR THE PURCHASE OF BURIAL LOTS AT LAKE TRAFFORD MEMORIAL GARDENS CEMETERY, FOR THE 1999 CALENDAR YEAR. OBJECTIVE: Approval of a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute Deeds and Agreements for Deed to Right of Interment for the purchase of burial lots at Lake Trafford Memorial Gardens Cemetery, for the 1999 calendar year. CONSIDERATION: On December 15, 1964, Collier County acquired a twenty (20) acre vacant parcel of land located in Immokalee for use as a cemetery, more commonly known as Lake Trafford Memorial Gardens. The Board adopted a policy on July 27, 1982, governing the rights of interment, administration, maintenance and development of the cemetery including the disposition of indigent deceased. On September 22, 1987, the Board adopted a revised Policy for the operation of the cemetery. On May 1, 1990, the Board adopted a Resolution clearly defining the rules and regulations which govern the administration and development of the cemetery. The Real Property Management Department is responsible for preparing Deeds and Agreements for Deed to Right of Interment when there is a request to purchase burial lots at the Lake Trafford Memorial Gardens Cemetery. More specifically, a Deed is prepared for the immediate use of burial lots and an Agreement for Deed to Right of Interment is prepared for the future use of burials lots. The appropriate documents are then reviewed by the County Attorney's Office prior to the Chairman's execution and recordation in the Public Records. The payments for said lots are forwarded to the Finance Department for deposit into the Lake Trafford Memorial Gardens Cemetery account. In the past, the Deeds and/or Agreements for Deed to Right of Interment have been presented to the Board on a monthly basis for Board approval under the Consent Agenda. However, in order to expedite the acquisition process and to relieve the Commissioners of reviewing format documents, it is recommended that the Chairman execute those Deeds and/or Agreements for Deed to Right of Interment as they are prepared and transmitted by memorandum. In 1992, Resolution No. 92-97 was approved by the Board of County Commissioners requesting approval by the Board allowing the then present Chairman of the Board to execute the Deeds and Agreements for Deed to Right of Interment during the current Chairman's tenure. Resolutions were approved in 1993, Resolution 93-49; in 1994, Resolution No. 94-2; in 1995, Resolution No. "~' 95-33; in 1996, Resolution No. 96-7; in 1997, Resolution No. 97-40; and in 1998, Rc No. 98-11 also for this purpose. . _ J A N 12, 1999 P i: ....'.::~:::_ ,..,,, FISCAL IMPACT: All proceeds from the lot sales are deposited in the Lake Trafford Memorial Gardens account 001-122370-364100. GROWTH MANAGEMENT: None RECOMMENDATION: Recommendation that the Board of County Commissioners approve and accept the attached Resolution authorizing the Chairman to execute the Deeds and the Agreements for Deed to Right of Interment for Lake Trafford Memorial Gardens Cemetery, for the 1999 calendar year. REVIEWED BY: '~: I. _ _2Y] -- ~ ~ ---"-,, &,,_ DATE:\k- k'~ -%~ Sandra l.~a~i~, Real Property Management Director Leo E. O~:hs, Jr.; Support Stirvices Administrator t 2 RESOLUTION NO. 99- 3 4 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, ? COLLIER, COUNTY, FLORIDA, AUTHORIZING THE EXECUTION 8 OF DEEDS AND AGREEMENTS FOR THE LAKE TRAFFORD 9 MEMORIAL GARDENS CEMETERY, BY THE CHAIRMAN OF THE ]0 BOARD FOR THE 1999 CALENDAR YEAR. ]] t2 WHEREAS. Collier County acquired a twenty (20) acre site by Warranty Deed dated December ]3 15, 1964 from J.C. Turner Lumber Company and recorded in the Public Records of Collier County in O.R, ]4 Book 180, Page 773 on December 21, 1964, for use as a public cemetery known as the Lake Trafford t5 Memorial Gardens Cemetery; and t6 I7 WHEREAS, the Board of County Commissioners adopted Resolution No. 82-105 on July 27, 18 1982, which governs the rights of interment, administration, maintenance and development of the Lake 19 Trafford Memorial Gardens Cemetery, said policy including the disposition of indigent deceased; and 20 2] WHEREAS, the Board of County Commissioners adopted Resolution 87-224 on September 22, 22 1987, which revises Resolution No. 82-105 regarding the operation of the cemetery; and 23 24 WHEREAS, the Board of County Commissioners adopted Resolution No. 90-214 on April 17, 25 1990, which reserves a section in the Veterans Section for the purpose of providing a memorial; and 26 27 WHEREAS, the Board adopted Resolution No. 90-242 on May 1, 1990, which revises the rules 28 and regulations which govern the administration and development of the cemetery; and 29 30 WHEREAS, there is a benefit to the County and to the public if the administrative procedures 3] concerning Deeds and Agreements for Deed to Right of Interment for the Lake Trafford Memorial Gardens 32 Cemetery are expedited, while maintaining the safeguards of staff and legal counsel review of such 33 documents; and 34 35 WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time for 36 Board approval on reviewed and approved Deeds and Agreements for Deed to Right of Interment. : 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, 39 COLLIER COUNTY, FLORIDA that: 40 : 41 1. The Board of County Commissioners does hereby authorize the Chairman of 42 the Board of County Commissioners to execute Deeds and Agreements for 43 Deed to Right of Interment for the Lake Trafford Memorial Gardens 44 Cemetery, pursuant to Resolution No. 90-242 dated May 1, 1990, and the 45 County's administration of that Resolution, whereupon the Deeds and 46 Agreements for Deed to Right of Interment have been previously reviewed 47 and approved by the Real Property Management Depadment and the County 48 Attorney's Office. 49 50 2. The authorization of the Chairman to execute the Deeds and Agreements for 51 Deed to Right of Interment for the Lake Trafford Memorial Gardens 52 Cemetery hereunder shall extend solely for the 1999 calendar year. 53 54 This Resolution adopted this day of ,1999, after motion, second and 55 majority vote· 57 58 ATTEST: BOARD OF COUNTY COMMISSIONERS 59 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 60 BY: BY: 6t , Deputy Clerk Chairman 62 63 64 65 66 67 Approved as to form and 69 . 70 ?1 I-'leldi I~. AsKton 72 Assistant County Attorney 73 74 75 ~ ACiENOA J A N I 2 1999 EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AUTHORIZING THE EXECUTION OF PURCHASE AGREEMENTS AND STATUTORY DEEDS FOR THE G.A.C. LAND SALES TRUST CONVEYED TO COLLIER COUNTY BY AVATAR PROPERTIES INC. (AGREEMENT DATED NOVEMBER 15, 1983), BY THE CHAIRMAN OF THE BOARD FOR THE 1999 CALENDAR YEAR. OBJECTIVE: Approval of a Resolution authorizing the execution of Purchase Agreements and Statutory Deeds for the G.A.C. Land Sales Trust conveyed to Collier County by Avatar Properties Inc. (Agreement dated November 15, 1983), by the Chairman of the Board, for the 1999 calendar year. CONSIDERATION: On November 15, 1983 Avatar Properties Inc., f/k/a G.A.C. Properties Inc., and Collier County entered into an Agreement to convey 1,061.5 acres of property in Golden Gate Estates to Collier County. Said Agreement was recorded in O.R. Book 1051, Page 492. Since the acceptance of the aforementioned Agreement by the Board of County """ Commissioners, the Real Property Management Department has conducted land sales transactions under said Agreement. Prior to the actual closing for each property sold, the Real Estate Sales Purchase Agreement and Statutory Deed is reviewed by the County Attorney's Office, the Finance Department, and then executed by the Chairman of the Board of County Commissioners. Each year, since 1989, a Resolution has been presented to the Board of County Commissioners requesting approval by the Board alloxving the then present Chairman of the Board to execute the Real Estates Sales Purchase Agreement and Statutory Deed during the current Chairman's tenure. Previous Resolutions which have been approved by the Board of County Commissioners include Resolution No's. 89-253, 90-23, 91-109, 92-47, 93-48, 94-7, 95-35, 96-8, 96-309 (Amended), 97-41 and 98-10. FISCAL IMPACT: All proceeds from the lot sales are deposited in the G.A.C. Land Sales Trust Fund 605-122390-364220. GROWTH MANAGEMENT: None RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution authorizing the execution of approved Purchase Agreements and Statutory Deeds for the G.A.C. Land Sales Trust by the Chairman of the Board, for the 1999 calendar year. Toni'A.. Moit, se~nior tspecialist REVIEWED BY: .-~-_~~,,. DATE: Sandr"rI.~aylor, Real Property-l~anagement Director ~VIEWED BY: _ ,~ ~/ ~ r DATE: Leo E. Ochs, Jr., Support Services Administrator ,J A N 12 1995 pg._ I RESOLUTION NO. 99- 2 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF 5 THE REAL ESTATE SALES AGREEMENTS AND STATUTORY DEEDS 6 FOR THE G.A.C. LAND TRUST PROPERTY BY THE CHAIRMAN OF 7 THE BOARD FOR THE 1999 CALENDAR YEAR. 8 9 10 WHEREAS, Collier County, Florida entered into an agreement with Avatar Properties 11 Inc. on November 15, 1983 to accept as Trustee 1,061.5 acres of real property in Golden Gate 12 Estates for the purpose of sale to the public; and 13 lz~ WHEREAS, Collier County, Florida accepted the acreage in phases: Phase I on 15 November 15, 1983, Phase II and III on February 16, 1988 and Phase IV and V on June 13, 16 1989; such conveyances have been recorded in the Public Records of Collier County, Florida; 17 and 18 19 WHEREAS, on April 5, 1988, and March 10, 1998, the Board of County Commissioners 20 approved the marketing procedures for the sale of the Golden Gate Estates property conveyed by 21 Avatar Properties Inc. Thereupon the Real Property Management Department has been actively 22 marketing the property (Phases I through V) for sale to the general public; and 23 24 WHEREAS, there is a beuefit to the County and to the public if the administrative 25 procedures concerning the Real Estate Sales Agreement documents and Statutory Deeds are 26 expedited, while maintaining the safeguards of staff and legal counsel review of such documents; 27 and 28 29 WHEREAS, the Board of County Commissioners recognizes the benefit of reducing time 30 for Board approvals and the subsequent closing process on reviewed and approved Real Estate 31 Sales Agreements and Statutory Deeds. 32 33 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 34 COMMISSIONERS, COLLIER COUNTY, FLORIDA, that ' 35 36 1. The Board of County Commissioners does hereby authorize the Chairman of the 37 Board of County Commissioners to execute Real Estate Sales Agreements and Statutory Deeds 38 resulting from the Agreement dated November 15, 1983 and the County's administration of such 39 Agreement, whereupon the Real Estate Sales Agreements and Statutory Deeds have been 4o previously approved by the Real Property Management Department, the Finance Department and 41 the County Attorney. 42 43 2. The authorization of the Chairman to execute Real Estate Sales Agreements and ' 44 StatutoD' Deeds hereunder shall extend solely for the 1999 calendar year. 45 46 This Resolution adopted this ~ day of , 1999, after motion, 47 second and majority vote. 48 49 ATTEST: BOARD OF COUNTY COMMISSIONERS 5o DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 51 52 BY: BY: 53 Deputy Clerk Chairman 54 55 56 Approved as to forn~ and 59 60 I4eidi 1~. Ashton '~' 61 Assistant County Attorney No. / ~-~ Z .; i'~_ JAN 12 1999 EXECUTIVE SUMMARY RECOMMENDATION TO AMEND NOAA WEATHER RADIO TRANSMITTER AGREEMENT. OBJECTIVE: To formally modify the referenced agreement to make the final payment schedule consistent with the understanding reached between the transmitter vendor and County staff. CONSIDERATIONS: On September 22, 1998, the Board of County Commissioners authorized the purchase of a dual weather radio transmitter from Crown Broadcast Inc. for the purpose of rebroadcasting the NOAA weather radio signal across all of Collier County. The acquisition is a part of a cooperative purchase agreement between the County and the National Weather Service under which the County pays to acquire and install the transmitter and the Weather Service accepts and maintains the system. Subsequent to Board approval of the agreement, the vendor advised the County "" that it had been awarded a long term agreement with the Weather Service for maintaining the transmitters under the agency's purview and that the Weather Service had requested changes to the design of the transmitter unit. As a result of the first event, the vendor agreed to reduce the price of the work from $70,935 to $63,505.29 and also agreed to a more favorable payment schedule that enables the County to pay for the work upon completion of the installation and acceptance stages respectively. In exchange, the County agreed not to require the vendor to furnish a payment and performance bond for the work. With regard to the second event, the vendor advised that it would not be able to deliver the dual transmitter unit specified under the agreement pursuant to the contract schedule. Instead, the vendor has in good faith, installed a Ioaner transmitter unit, which has been operational for several weeks now and thus far has provided excellent coverage through out and beyond the County's borders. The actual unit specified in the agreement is scheduled to be installed in mid to late January. The vendor is requesting payment for the installation services previously provided and will be invoicing for the actual transmitter unit subsequent to installation and acceptance. In order to formally affect this change, Staff recommends approval of the enclosed amendment. FISCAL IMPACT: The amendment will serve to formally reduce the contract amount by $7,429.71 (a reduction of 10.5%). Funds are available within the Emergency Management Preparedness and Enhancement Fund, 118-144210. AGENOA 3~TEM NO. ," ~L- ~.~ i( J A N 12 1999 GROWTH MANAGEMENT IMPACT: N/A. RECOMMENDATION: That the Board of County Commissioners formally amend the agreement between Collier County and Crown Broadcast as described herein and that the Chairman be authorized to sign the amendment on behalf of the Board. SUBMITTED BY: ..--~-~':'~-; . ,.. ~.,,:;,,: :'Date: Steve Carnell, Purchasi~n~eneral Seh/ices Director K~ineau, Emergency Management Director APPROVED BY: .2 ~ 2 , ~ . Date: ~. , . .. Leo Ochs Jr., Suppo~ SeNices Administrator AGEND~. 'ITEM No. J A N 12 1999 P9. :: '~' AMENDMENT TO AGREEMENT OF SEPTEMBER 22, 1998 BETWEEN COLLIER COUNTY FLORIDA AND CROWN BROADCAST AMENDMENT #1 This amendment, dated ,1998 to the referenced agreement shall be by and between the parties to the original agreement, Crown Broadcast, a division of Crown International (to be referred to as "the Seller") and Collier County, Florida, (to be referred to as "the Buyer"). The Agreement of September 22, 1998 is hereby amended to read as set forth. Additions to existing language are shown in italics. Deletions to existing language are shown as °+ .... ~' "' ..... ~" 10. The Buyer shall pay the Seller in accordance with the price quotation of September 6, 1998, attached and made part of this amendment and agreement. The transmitter price listed therein is firm. Unit prices for optional components and installation services shall be based upon firm unit prices and estimated quantities as itemized in the quotation. 11 Payment terms shall be !98/o net 30 days after shlpmcnt ~f-~ans,,:n~ receipt of a proper invoice and installation and acceptance of the work for each of the following stages.' a. Optional Components and Installation Services for the interim transmitter unit. b. Dual Transmitter unit and related travel services (the latter of which shall not exceed $2,000). c. The total of the payments under this agreement shall not exceed $63.505.29 without the prior approval of the Buyer. 12. The Seller shall furnish to the Buyer Certificates of Insurance and Pcrfcrmcncc n,,,,,,,+,,,,,,,,+ ~.,;,~ ,~ .......+ ....;" ~' ......;'~"'~ not later than Friday, September 25, 1998. All other terms and conditions of the Agreement of September 22, 1998 shall remain in force. Page I of 2 "jG~'~,, z'r~.' J A N 12 1999 pg. - ,:: IN WITNESS WHEREOF, the .Buyer and the Seller, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BUYER: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Dated: Barbara B. Berry, Chairman (SEAL) SELLER: CROWN BROADCAST First V~tn~ss Printtype Witness ~a~e (Printed Name and Title) ~~~j Date: ~k30 k ~ S&ond Wit~es~ 57Z~c/)~/~ L CORPO~TE SEAL Printtype Witness Name (corporations only) Approved as to form and legal sufficiency: Page 2 of 2 12/28/98 ,JAN EXECUTIVE SUMMARY AWARD OF CONTRACT FOR CONSTRUCTION MANAGER AT RISK FOR THE CONSTRUCTION OF THE 4TM FLOOR OF THE COURTHOUSE AND THE IMMOKALEE AND NAPLES JAIL FACILITIES, RFP # 98-2829. OBJECTIVE: To Award RFP # 98-2829, construction of the 4m floor of the Courthouse and the Naples and Immokalee Jail facilities to Kraft Construction Company, Inc.. CONSIDERATIONS: On December 1, 1998 the Board authorized staff to negotiate with Kraft Construction Company, Inc. for the construction of the 4~a floor of the Courthouse and the Naples and Immokaee Jail facilities. Staff also received authorization to negotiate a master contract with a phased program as follows: Phase One: Construct the 4'a floor of the Courthouse. (fully funded) Phase Two: The Immoka ee and Naples Jail facilities. (new construction and renovation), Chiller Plant. Phase Three: SherifFs Administration and Operations facilities. (new construction and renovate) Since funds for Phase One (construction of the 4~ floor of the Courthouse) are available in Capital Project 301-110478-80529, the contract for Phase One was negotiated. Phase Two and Three are not being negotiated until the Board approves funding for these phases. FISCAL IMPACT: The Agreement with Kraft Construction, Inc was negotiated as follows: 1. Services during Design Phase: Total $10,000,00 (one half of one percent of Construction Budget of $2,000,000) 2. Services during Construction Phase: Five percent of Guaranteed Maximum Price (G.M.P.), to be determined at completion of Design. This project (Courthouse 4m floor) was anticipated and budgeted in the amount of $2,485,000 in (301- 110478-80529 County-Wide Facilities Capital) for FY 98-99. In order to expedite the completion of the project, staff is requesting authorization to approve change orders not to exceed the cost center. Furniture selection will not be completed until the construction costs have been identified. Staff is recommending utilizing state contract pricing for the furniture on this project. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Correctional Facilities Capital Improvement Plan (CFCIP) and the Projected Space Assessment Analysis. RECOMMENDATIONS: That the Board of County Commissioners award RFP # 98-2829 to Kraft Construction Company, Inc. and authorize the Chairman to sign an agreement with Kraft Construction Company, Inc. after review by the County Attorney's Office; authorize staff to approve change orders not to exceed the cost center and authorize staff to utilize state contract pricing for furniture (over $25,000) for this project. d A N 12 1999 _ / Executive Summary RFP 98-2829 (cont.) Page 2 PREPARED BY: - / -; .... ~,---~/ DATE: Ja~ 6rognale, Cc;a~f;r~'~tion Manager Department of Facilities Management REVIEWED BY: d/'d"~f----/"z"/'q""~ DATE: /~//'~/ Skip Camp, Director Department of Facilities management Stephan Y. Cdrnell, Director Purchasing Department REVIEWED BY: ._~-:-' ~.~_~ --'~ ': ~ DATE: Leo E. Ochs, Jr., Administrator Support Services Divisiod JAN 12 1999 EXECUTIVE SUMMARY AWARD OF CONTRACT FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE 4TM FLOOR OF THE COURTHOUSE AND THE IMMOKALEE AND NAPLES JAIL FACILITIES, RFP # 98-2867. OBJECTIVE: To Award RFP # 98-2867, Design of the 4~ floor of the Courthouse and the Naples and Immokalee Jail facilities to the V Group of Florida, Inc.. CONSIDERATIONS: .On September 11, 1998 the County Administrator authorized a selection committee to review, evaluate and rank proposals from consulting firms capable of providing architectural services for the construction of the 4m floor of the Courthouse and the Naples and Immokalee Jail facilities. The selection committee was to negotiate with the top ranked firm and present a recommendation to the Board. On November 17, 1998, presentations were made by the four respondents to the RFP, The V Group of Florida, Inc., Spillis Candela, Strollo, and Schenkel Shultz. The V Group was selected First choice. (see attached Ranking Matrix) The projects were broken into the following phases to accommodate the potential funding schedule: Phase One: Construct the 4m floor of the Courthouse. (fully funded) Phase Two: The Immokalee and Naples Jail facilities. (new construction and renovation), Chiller Plant. Phase Three: Sheriffs Administration and Operations facilities. (new construction and renovate) Since funds for the first phase (construction of the 4* floor of the Courthouse) are available in Capital Project 301-110478-80529, the contract for Phase One was negotiated. Phase Two and Three are not being negotiated until the Board approves funding for these phases. FISCAL IMPACT: The total not to exceed fee to be paid to The V Group of Florida, Inc. for design services for Phase One is $172,468.00 (8.6% of Construction Budget) and is budgeted in (301 - 110478-80529 County-Wide Facilities Capital). This project was anticipated and budgeted in the amount of $2,485,000 in (301-110478-80529) for FY 98-99. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Correctional Facilities Capital Improvement Plan (CFC[P) and the Projected Space Assessment Analysis. RECOMMENDATIONS: That the Board of County Commissioners award RYP # 98-2867 to The V Group of Florida, Inc. and authorize the Chairman to sign an agreement with The V Group of Florida, Inc. after review by the County Attorney' s Office. ~ NAGEND'l, TE Executive Summary RFP # 98-2867 (cont.) JAN 12 1999 Executive Summary RFP # 98-2867 (cont.) Page 2 ,,, / / ~-; PREPARED BY: ~ [ -/ DATE: ;:' Jack Crognale, Construction Manager Department of Facilities Management Skip Camp, Director Department of Facilities management REVIEWED BY: ~ L[],, 3, ~/ Stepha'~jY''] Car~ll, Director Purchasing Depa~ment REVIEWED BY: :~- ~' , DATE: Leo E. Ochs, Jr., Administrator Support Services Division / J A N 12 1999 Z ~m m Oc~ --, -- - .~ 0--4 ~- - , ~m O C='r _7 ;, :~ 0 C~ iti C: - lz ITI ~--'~-~ : ~mo "n ~m ~ > · > rn> -~ ~-, c, Z ~ ~ z i-- ~ Z 0 -- c* > ~:~ z > r' 0 - -i >> :~ >~ > ~- ~mO ~ z . ~z ~ z-~ ~ -- ~>m -- ~mo m o 0 'il t~ .-~ --~Oz:~ -r 0 b') G'} ACmENOA ,I"'TEM ~.,' ' ~ ~ J A N 12 1999 , P0........-~ AUTHORIZATION TO ENTER INTO A CONTRACT FOR PROGRAM MODIFICATIONS TO THE CASH INTERFACE SOFTWARE FOR UTILITY BILLING OBJECTIVE: Board approval of a contract for programming modifications to the cash interface software connecting the Utility Billing software to the Clerk's General Ledger. The modifications will make the interface Year 2000 (Y2K) compliant. CONSIDERATIONS: The cash interface software provides a valuable link which connects the Board's Utility Billing software to the Clerk's General Ledger. Summary totals of cash collected and deposited daily by the Department of Revenue's staff into the Board's operating cash bank account are transmitted daily to the Clerk's Finance Department through this interface. Conversely, cash totals, as well as individual account information, collected by the Board's lockbox contractor are transmitted daily to the Clerk's Finance Department. The cash interface transmits this information to the Utility Billing software, wherein individual accounts are updated. This process also works in the same manner for direct deposit customers. Mr. Richard Laymon, President of the proposed contracting firm, Poli-Sci Consulting, Inc., is the former Director of Clerk's Management Information Systems Department. In that capacity, Mr. Laymon was knowledgeable of and supervised the development of the cash interface software application. Mr. Laymon has recently completed the modification for Y2K compliance of the Clerk's internal cash receipting software. The cash interface software was modeled after the Clerk's cash receipting software. Because of Mr. Laymon's direct experience and knowledge of the cash interface software as well as his recent activity in modifying the Clerk's software, staff is requesting the Board authorize staff to negotiate a contract with Poli-Sci Consulting, Inc. to provide Y2K compliance. Said contract shall be subject to review by the County Attorney's office. The contract has an estimated 84 hour window at $97.50 per hour to complete this project for a total dollar amount of $8190.00. The Information Technology Department will provide project management direction and supervision. "l J A N 12 1999 Pg. / __ FISCAL IMPACT: Funding for this contract is available in Fund 510-102020, .... Utility General and Administrative cost center. Contract costs are estimated at $8190.00. GROVVTH MANAGEMENT IMPACT: N/A RECOMMENDATION: Board authorize staff to negotiate a contract and direct the Chairman to execute the contract. Prepared by: : :' ,,-. "" Date: J h ~ o n ;~ Yonkosk-y-~rector Department of Revenue William Coakley, Director IT Department ,, ,, Reviewed by: Stephen Y. C~znell " Director of Purchasing ' ~ " , 1' ' ' ~ ' [: ' -~ ") Date: '."'~J/~" Reviewed by: .... . Leo Ochs, Jr., AdminT~trator Suppo~ SeNices D~ision JAY:pc EXECUTIVE SUMMARY APPROVAL OF MODIFICATIONS TO THE 800 MHz RADIO SYSTEM INFRASTRUCTURE. OBJECTIVE: Approval of modifications to the 800 MHz radio system infrastructure. CONSIDERATION: On October 26, 1994 the BCC approved contract 94-2201 with Ericsson Inc. for the purchase and implementation of an 800 MHz trunked radio system. Subsequent to approval of the contract, the Board agreed that Collier County would operate and maintain the radio system infrastructure and outside agencies participating in the radio system would be responsible for the purchase and maintenance of all equipment utilized exclusively by the outside agency. The City of Naples Police and Emergency Services Department has commenced the process of migrating to the County's 800 MHz system. To date the City has received an initial order of portable radio equipment. The City has also ordered specialized equipment for its new- Communications Center currently under construction. Staff is requesting approval for modifications to hardware and software components of the Integrated Multisite Controller (IMC), which is the central controller for the 800 MHz trunked radio system. These modifications will provide needed additional capacity in the IMC for fixed equipment being added to the radio system. The cost of these modifications is $115,000. All equipment pricing is in accordance with contract 94-2201. Ericsson Inc. has certified in writing all hardware is Year 2000 compliant and any required software modifications will be provided at no cost during the second quarter of 1999. FISCAL IMPACT: Funds for these modifications are available in Fund 188, "Reserves for Capital Outlay". Fund 188, the Intergovernmental Radio Communications Program, IRCP, revenue is generated from a $12.50 allocation from each moving traffic violation ticket written within Collier County. In accordance with State statute these funds are utilized to fund operation and maintenance of the 800 MHz trunked radio system. The balance in "Reserves for Capital Outlay" will be $590,800 following this expenditure. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approves the expenditure of funds from Fund 188 for modifications to the 800 MHz system along with the attached budget amendment. SUBMITTED BY: , -,-: L--' , ' Z---~ Date: .-' ->, - ' -'/-"-- ':" John Daly, tGdio Communications Manager REVIEWED BY: //~)'~'f/L/ Date: ' ~Vi[lilni C'oakley, Information Teclinology Director APPROVED BY: --~--,Z-c: L.-:-- ~' /4 : / Leo Ochs, Jr.- Admin or, Support Services / JAN 12 1999 :~--~ BUDGET AMENDMENT REQUEST ~or Budget/Finan~ Use Only BA# ............................... JE# ................................. BAR~ .............................. A.P.H. Date ....................... FUND TITLE 800 MHz IRCP FUND NO. 188 Date prepared: 12/28/98 Attach Executive Summary BCC Agenda date Item No. if previously approved. EXPENSE BUDGET DETAIL Cost Center Title Cost Center No. Project Title ect No. Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 764210 Communication $115,000 0 $115,000 Equipment TOTAL $115,000 Cost Center Title Cost Center No. Project Title ect No. Expenditure Expenditure ]Increase Current Revised Object Code Title (Decrease) Budget Budget 993000 Res for Cap. (115,000) $705,800 $590,800 Outlay TOTAL (115,000) d A N 12 B99 Pg. ~ [ REVENUE BUDGET DETAIL Cost Center Title I Cost Center No. Project Title Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget TOTAL EXPLANATION Why are funds needed? Provide expansion of 800 MHz radio system. Where are funds available? Fund 188, Traffic Ticket Allocation, "Reserves for Capital Outlay". REVIEW PROCESS DATE J Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: JAN 2/B99 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of January 12, 1999 Transportation (Fund 136) Golden Gate MSTU Capital Outlay $6,400 Reserves Contingency $(6,400) Total: '0- Explanation: Funds are needed to grade the soil on each median on CR 951 from Golden Gate Parkway to Golden Gate Canal. AGE'NDA ITEM No.//-, E'b) ,--- JAN 12 lS99 Pg. / BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JANUARY 12, 1999 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 2. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. November 30 - December 4, 1998 B. December 7 - 11, 1998 C. December 14 - 18, 1998 3. Districts: A. The Big Cypress Basin Board of the South Florida Water Management District - Agenda of December 3, 1998 and minutes of October 30, 1998 meeting B. Key Marco Community Development District - Minutes of meetings held on August 20, 1998 and November 3, 1998 C. Pelican Marsh Community Development District - Schedule of meetings for fiscal year 1998-1999 and District map for 1998-1999 D. Port of the Islands Community Improvement District - Minutes of meetings held on August 6, 1998 and November 3, 1998; audit for 1997, budget for 1998; and description of outstanding bonds 4. Minutes: A. Collier County Airport Authority - Agenda of December 14, 1998 and minutes of November 16, 1998 meeting B.Historic and Archaeological Preservation Board - Minutes of November 13, 1998 meeting C. Immokalee Beautification Advisory Committee - Agenda of December 16, 1998 and minutes of November 18, 1998 meeting D.Immokalee Enterprise Zone Development Agency - Minutes of August 13, 1998 meeting JAN 12 1999 E. Parks and Recreation Advisory Board - Agenda of November 18, 1998, minutes of October 27, 1998 meeting, Recreation Section Monthly Report for September 1998, and Adopt-A-Park Report F. Pelican Bay MSTBU Advisory Committee - Agenda of December 2, 1998, minutes of November 4, 1998 meeting G. Radio Road Beauti~cation Advisory Committee - Agenda of January 11, 1999 and minutes of November 9, 1998 meeting JAN 12 1999 Pq. ~ EXECUTIVE SUMMARY OBJECTIVE: To seek Board endorsement for the Collier County Sheriff's Office grant application for continuation funding from the State of Florida STOP Violence Against Women Grants Program. CONSIDERATIONS~. The STOP Violence Against Women Grants Program will fund enhancements to specialized law enforcement domestic or sexual violence units, personnel or systems to support the enforcement of domestic or sexual violence laws according to the Governor's Task Force on Domestic and Sexual Violence Model Policies for Florida Law Enforcement. The Collier County Commission has participated in the Department of Community Affairs, Bureau of Community Assistance grant program for one year. The current STOP Violence Against Women Grants Program has proven to be a valuable project. The Department of Community Affairs, Bureau of Community Assistance has offered second year funding to the Sheriff's Office. The Sheriff's Office requests that the Collier County Commission continue to serve as the local coordinating unit of government and endorse the Sheriff's Office application for continued funding for the Domestic Violence Unit Program. FISCAL IMPACT: This grant period is for March 1, 1999 through December 31, 1999. Funds are available annually through the Department of Community Affairs, Bureau of Community Assistance from the STOP Violence Against Women Grants Program grant funds. Twenty five (25%) percent local matching funds, $30,375.00 drawn proportionately to the share of funding received, will come from Confiscated Trust Fund Reserves (602-919010-991000). GROWTH IMPACT: This grant is a continuing grant program that requires reapplication each fiscal year. If the grant funds are terminated or other grant funding is not available, future payroll costs will either be absorbed through vacancies arising due to normal attrition, or approval for funding or reallocation of any positions will be requested from the Board. RECOMMENDATION: That the Board of County Commissioners endorse the Sheriff's Office grant application for 1998/99 State of Florida STOP Violence Against Women Grants Program funding for the Sheriff's Office Domestic Violence Unit Program. Captain William Stiess0 Criminal Investigations Division APPROVED BY: DATE: December 17, 1998 . j h/xs. sto2 EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER AND APPROVE A PROPOSED SETTLEMENT AGREEMENT AND MUTUAL RELEASE REGARDING PENA V. BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, CASE NO. 94-3944-CA- 01-HDH, NOW PENDING IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA. OBJECTIVE: For the Board to consider and approve a proposed Settlement Agreement and Mutual Release to resolve the lawsuit now pending against the County and the County Water-Sewer District in the Twentieth Judicial Circuit in and for Collier County, Florida styled Pena v. Board of Count): Commissioners as the Governing Body of Collier County, Florida and as Ex-Of~cio the Governing Board of the Collier County Water-Sewer District, Case No. 94- 3944-CA-01 -HDH. CONSIDERATIONS: In 1994, the plaintiffs in Pena v. Board of County Commissioners as the Governing Body of Collier Count3,, Florida and as Ex-Of~cio the Governing Board of the Collier County Water-Sewer District filed suit against the County and the County Water-Sewer District alleging that Frank Pena, a former employee of the Water-Sewer District, had been intentionally injured by the County and the Water-Sewer District while performing a welding operation. Previously, Mr. Pena had reached a settlement of his workers' compensation claim against the County but contended that he was not barred from suing the County because the actions of the County and the County Water-Sewer District amounted to an intentional tort or intentional injury. The County and the Water-Sewer District vigorously denied these claims, which included claims by Mr. Pena's family members. After some discovery and substantial motion practice by the County, the plaintiffs made a decision to drop the lawsuit in exchange for a mutual release. A copy of the proposed Settlement Agreement and Mutual Release is attached. If the Board agrees to the proposed Settlement Agreement and Mutual Release, it will have no monetary obligations to the plaintiffs and will only be responsible for paying any costs it has incurred during the course of the litigation. To date, the County's costs have been minimal, i.e., less than $1,000. FISCAL IMPACT: If the proposed Settlement Agreement and Mutual Release is approved, there will be no fiscal impact on the County or the Water-Sewer District except for costs previously incurred in the litigation as stated above. Those costs have been defrayed from Fund *"" 518-121630. AGENDA ITEM J N 12 1999 1 Pg, GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners consider and approve the proposed Settlement Agreement and Mutual Release and authorize the Chairman to execute the settlement documents, copies of which are attached. PREPARED BY:///~~//Z./~ Date:/2-/,2- 5~ / ~/ Michael W. Pettit [ Assistant County Attorney REVIEWED BY: ~"'j4]-:~z'- '-x7/:''~' ,,e'~ ..... Date: 127Z'.. ~,;~/,r 3' J~figalker Risk Management Director David C. Weiggl' fJ ' County Attorney lit\pena\exsum-senlement&mutual release-MWP AGENDA ITEM No._/~- ~,:x:')~, ) 12 1999 2 Pe. SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on this day of , 1998 by and among Frank A. Pena, Mayra D. Pena, Rossie Pena and Gabriel Pena (hereinafter referred to as the "Penas") on the one hand and the Collier County Board of County Commissioners as the Governing Body of Collier County, Florida and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "County") on the other hand. WITNESSETH: WHEREAS, the Penas filed a lawsuit against the County in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida styled Pena v. Board of County Commissioners as the Governing Body of Collier County, Florida and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, Case No~ 94-3944-CA-01- HDH (hereinafter referred to as the "Lawsuit"); and, WHEREAS, the Penas and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that relate or refer in an.y way to the incidents described in the original Complaint or any of the Amended Complaints filed in the Lawsuit; and, WHEREAS, the Penas and the County desire to reduce their settlement to writing so that it shall be binding upon them as well as their respective owners, principalst - AGENDA ITEM No. t pg, ..3, officials, officers, employees, ex-employees, agents, representatives, successors, assigns, he irs and affii i ates. NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, and with the intent to be legally bound, the Penas and the County agree as follows: 1. The Penas and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the amicable resolution of all disputes or claims giving rise to the Lawsuit, and for and in consideration of the sum of TEN DOLLARS AND 00/100 ($10.00) and other valuable considerations, the receipt and adequacy of which is hereby acknowledged by the Penas, the Penas agree to dismiss the Lawsuit with prejudice. 3. In consideration of the amicable resolution of the Lawsuit, and for other valuable considerations, the receipt and adequacy of which is hereby acknowledged by the Penas and the County, the Penas and the County hereby expressly release and forever discharge one another, as well as their respective owners, principals, officials, officers, employees, ex-employees, agents, representatives, successors, assigns, heirs and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses or demands of any kind or nature whatsoever arising from or relating or referring in any way to either the Lawsuit or any incident or event referred to in the original Complaint or any of the Amended Complaints filed in the Lawsuit. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this "' Agreement and Release, the Penas and the County agree that either of them (as w. ll as any AGENDA ITEM 2 other persons or entities intended to be bound) shall retain the right to enforce the terms and conditions of this Agreement and Release. 5. The Penas and the County agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, representatives, successors, assigns, heirs and affiliates. 6. The Penas and the County recognize and acknowledge that this Agreement and Release memorializes and states a settlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either the Penas or the County. IN WITNESS WHEREOF, the parties, (i.e., the Penas and the County) or their duly authorized representatives, have signed and sealed this Agreement and Release as set forth below. DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: OF COLLIER COUNTY, FLORIDA AS THE DWIGHT E. BROCK, Clerk GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT " By: BARBARA B. BERRY, Chairman Date Executed AGENDA ITEM JAN 3 "' WITNESSES: (1) ~z FRANK A. PENA Sign Printed/Typed Name ~Tgnatur'~ ' Date Executed Signature ~) Primed~yped Name ,_... WITNESSES: ~ ~ MAYRA D. PENA Printed yped Name " Sig~'~ture ~' ~" Date Signtture '. Printed/Typed Name ,-, AGENDA ITEM No. /~ JAN 12 i~g9 4 PB, , Cp , WITNESSES: (1) ~z, ~'~'~":' ROSSIE PENA Signa[ure .,- ~-,'~ ~--~'L,',~ . ~ Print~ypea Name /~ature ~ r ~ ' Date Executed Printe~yped Name ~ WITNESSES: Signak~ ~- Printed/Typed Name Signature Date Executed Signature ' " PrinteclFfyped Name Approved as to form and legal sufficiency: Michael W. Pettit AGENDA ITEM Assistant County Attorney N0, ~A~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 148 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. RONALD BENDER AND MICHELE J. BENDER, Trustees Under That Certain Declaration of Trust Dated the 17h day of May, 1991, et aL, Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcel No. 148 for the Livingston Road Extension Project in the lawsuit entitled Collier County v. Ronald Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the ]7th day of May, 1991, et al., Case No. 98-1394-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension Project between Golden Gate Parkway and Radio Road (Project No. 60061). On August 12, 1998, ""' Collier County deposited with the Registry of the Court the sum of One Thousand Nine Hundred Fifty and No/100 Dollars ($1,950.00) for Parcel No. 148 in accordance with the Order of Taking. Through negotiations the parties have reached a settlement agreement whereby the property owners, Wayne and Frances Switzer, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98-29). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for One Thousand Nine Hundred Fifty and No/100 Dollars ($1,950.00) to be paid to the Respondents as full compensation for the property rights taken as to Parcel No. 148. In order to provide the Respondents' with access to their property from Golden Gate Parkway, Collier County shall construct an 18 foot wide driveway entrance at approximately roadway station 34+50 for driveway centerline which is approximately 240 feet west of the centerline of 70th Street S. W. The curb cut shall be in conformance with Florida Department of Transportation Standard Index Sheet 515. The drop curb length shall be approximately 38 feet in length and the concrete driveway shall be constructed up to the proposed sidewalk as shown in the Rough Sketch A which is attached to the Stipulated Final Judgment as Exhibit "B". The driveway entrance will be constructed when the roadway improvements are constructed as part of ~ the Livingston Road Extension Project. ~°G'~ J A U 12 1999 Executive Summary CC v. Ronald Bender et al. Parcel 148 Page 2 The cost associated with the construction of the driveway entrance is approximately $500.00. Such costs have been incorporated in the cost of the construction of the Livingston Road Extension Project. The Stipulated Final Judgment also provides that Collier County shall pay the Respondents' reasonable attorney fees and costs in the amount of Two Thousand and No/100 Dollars ($2,000.00). The Stipulated Final Judgment provides that Collier County shall deposit the additional mount of Two Thousand and No/100 Dollars ($2,000.00) with the Registry of the Court. The fees for property appraisal and engineering services have not been determined at this time. Therefore, jurisdiction for the assessment of these fees is reserved by the court in the Stipulated Final Judgment. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: "" Cost: $2500.00; to be obligated in the budget for FY 98/99. Fund: (313) Road Construction Gas Tax Cost Center: (163673) Surplus Gas Tax Road Construction Project Number: (60061 ) Livingston Road Extension (Golden Gate Parkway/Radio Road) GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the SUM OF $2000.00 into the Registry of the Court. Prepared by: Heidi F. Ashton Date Assistant County Attorney Robert Wiley, Pr~ect Manager Date Office of Capital Projects Management / J N 12 IS99 p... Executive Summary CC v. Ronald Bender et al. Parcel 148 Page 3 Ed Ilschner, Administrator Date Public Works Division Approved by: 1Z ~2ounty Attorney Date h:/ew/Executive Summary/CC v. Bender Parcel 148 JA.'t 12 1999 P~. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORID& a political subdivision of the State of Florida, CASE NO. 98-1394-CA Petitioner, vs. CIVIL ACTION RONALD G. BENDER and MICHELE J. PARCEL: 148 BENDER, Trustees Under That Certain Declaration &Trust Dated the 17t~ day of May, 1991, et al Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner and Respondents, WAYNE SWITZER and FRANCES SWITZER, for entry of a Stipulated Final ~Iudgment as to Parcel 148, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, WAYNE SWITZER and FRANCES SWITZER, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADGUDGED that the Respondents, WAYNE SWITZER and FRANCES SWITZER, have and recover from the Petitioner, COLLIER COLFNTY, FLORIDA, the sum of One Thousand Nine Hundred Fifty and No/100 Dollars ($1,950.00) for Parcel 148, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel; it is further ORDERED that Respondents, WAYNE SWITZER and FRANCES SWITZEI~ receive from Petitioner as a reasonable atto for services rendered in this ~'~- n12 1999 sum of Two Thousand and No/100 Dollars ($2,000.00). No other attorney fees or costs shall be awarded, except as otherwise provided herein, in connection with the above-styled cause of action as it relates to Parcel 148; and it is fi~rther ORDERED that the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Two Thousand and No/100 Dollars ($2,000.00), subject to the approval of the Board of County Commissioners, into the registry of this Court within 30 days from the date of the Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of One Thousand Nine Hundred Fifty and No/100 Dollars ($1,950.00), less any amounts previously paid, to the trust account ofPolicastro & LeRoux, P.A., and forward same c/o Anthony V. Policastro, Esquire, Policastro & LeRoux, P.A., 26133 U.S. Highway 19, Suite 300, Clearwater, Florida 33763, for the benefit of Respondeats, WAYNE S~VITZER and FRANCES SWH'ZER; and it is fiwther ORDERED that the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of Two Thousand and No/100 Dollars ($2,000.00), being the Respondents' attorney fees and costs, to Policastro & LeRoux, P.A., and forward same c/o Anthony V. Policaslro, Esquh'e, Policastro & LeRoux, P.A., 26133 U.S. Highway 19, Suite 300, Cleanvalet, Florida 33763. ORDERED that title to Parcel 148, road fight-of-way, sidewallc utility, drainage and maintenance easement, as being fully desc:'ibed in Composite Exhibit "A" attached hereto ~d incorporated herein, which vested in Petitiener pursuant to the Order of Taking dated J~ly 23, 1998 and the deposit of money here:tofore m~de, is approved, ratified and confirmed; and it is J 12 19s9 ORDERED that Petitioner shall construct an 18 foot wide driveway entrance at approximately roadway station 34+50 for driveway centerline which is approximately 240 feet west of the centerline of 70th Street S.W. The curb cut shall be in conformance with Florida Department of Transportation Standard Index Sheet 515. The drop curb length shall be approximately 38 feet in length and the concrete driveway shall be constructed up to the proposed sidewalk as shown in the Rough Sketch A attached hereto as Exhibit "B." Said driveway shall be constructed during the construction of the Livingston Koad project. OKDERED that this Stipulated Final Judgement is to be recorded in the Official Kecords of Collier County, Florida. ORDERED that this Court shall retain jurisdiction to determine the fee for appraisal services and engineering services rendered in connection with the above-styled cause of action as it relates to Parcel 148. DONE AND OKDERED in Chambers at Naples, Collier County, Florida, this day of ,1998. Circuit Court Judge Conformed copies to: Anthony Policastro, Esquire Joe W. Fixel, Esquire Heidi Ashton, Esquire CERTIFIED COPY, E. Weber, Legal Asst., County Attomey's Office Charge to: 'PWED - 113-163673-60061 Bookkeeping ,J A N 12 1999 3 Pg'- ~"' JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondents, WAYNE SWITZER and FRANCES SWITZER, hereby stipulate to the foregoing Stipulated Final Judgment as to Parcel 148. J E Anthony V. Policastro, Esquire oe W el, squire Florida Bar #937932 POLICASTRO & LEROUX, P.A. FIXEL & MAGUIRE 26133 u.s. Highway 19 211 South Gadsden Street Suite 300 Tal! ahas see, Florid a 32301 Clearwater, Florida 33763 Telephone: (850) 681 - 1800 Telephone: (813) 712-1137 Facsimile (850) 681-9017 Facsimile: (813) 712-9465 and Attorney fy~;~/o,f~d~t Heidi Ashton, Esquire Dated: Florida Bar #0966770 [ Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 34112-4902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 8B-1 ., PROJECT NO. ~' ~:;~(~ .l -. PROJECT PARCEL NO. 146 FOLIO NO. ",~ nnz, SnOnn SKETCH 8~ LEGAL DESCRIPTION (NOT A SURVEY) road righn-of-way, sidewalk, utility, drainage & maintenance casemann The North twenty-five (25) feet. of the South seventy-five (75) feet or the West 150 feet o[ Tract 8, Golden Gate Estates Unit No. 29, according to the plat thereof, as recorded in Plat Book 7, Page 57, of lhe public records of Collier County, Florida, being a portion of the property described in that certain warranW deed recorded in Official Records Book 790, Page 1916, of the public records of Collier County, Florida. TRACT 8 UNIT 29 , SUBJECT 'Colder Coun~y':Governmcnt Complex 3301 E. Tamiami Trail SKETCH NOT TO SCALE _ NapleS/. FL. 34112. REMOVED. K."~ ~ o CONST. ~ON,3. ~UME ERS) ~' ~ SEE ~EET 54 FOR DETAILS _. --- ................... %VZ' 35+14.16 ..; OFFSET: 32.76 L ~ ¢~ STA: 35+33.01 c~ ~ OFFSET: 7.50 L c 35+0~ ~,. ....... ~A7 ~4~.~ OFFSET: 3.50 OFFSET: i~.50: _ / " ~ ~.,,, ~,~,n ..~ O~SET: 18.50 R ' 4n ~ ' ,-,.,, _ _ _ - ~~~~ -n.___ _---- ., _j&2LJ_ZjSSa .... ..... /,'AT~R' 35"' ...................................... (TO BE REM.4~BD.) (TO ~. _-- _ _ ..,: .......~-',.,:.:~., .. ,. . EXECUTIVE SUMMARy RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 150 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. RONALD G. BENDER AND MICHELE J. BENDER, Trustees Under That Certain Declaration of Trust Dated the 17~' day of May, 1991, et al., Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road) Q!iIJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcel No. 150 for the Livingston Road Extension Project in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17th day of May, 1991, et al., Case No. 98-1394-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension Project between Golden Gate Parkway and Radio Road (Project No. 60061). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of One Thousand Nine Hundred Fifty and No/100 Dollars ($1,950.00) for Parcel No. 150 in accordance with the Order of Taking. Through negotiations the parties have reached a settlement agreement whereby the property owners, Bernard and Lucia Barone, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98- 29). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for Four Thousand Two Hundred and No/100 Dollars ($4,200.00) to be paid to the Respondents as full compensation for the property fights taken as to Parcel No. 150. The Stipulated Final Judgment also provides that Collier County shall pay the Respondents' reasonable attorney fees and costs in the amount of Seven Hundred Seventy-Five and 50/100 Dollars ($775.50). The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Three Thousand Twenty-Five and 50/100 Dollars ($3,025.50) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. J ;, 12 19sa Executive Summary CC v. Ronald Bender et al. Parcel 150 ---- Page 2 FISCAL IMPACT: Cost: $3,025.50; to be obligated in the budget for FY 98/99. Fund: (313) Road Construction Gas Tax Cost Center: (163673) Surplus Gas Tax Road Construction Project Number: (60061) Livingston Road Extension (Golden Gate Parkway/Radio Road) GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $3025.50 into the Registry of the Court. Prepared by: Heidi F. Ashton Date Assistant County Attorney · · -/- ;5>. 2, Robert Wiley<'Proj ect Manager Date Office of Capital Projects Management Reviewed by;_-, ~~~-,_~.. 1.2^ 3o- ~ g ff'd Ils/"hn~(;'Adrr~nistrator Date Public Works Division Approved by: ~ iV~eig~l, Cohn(y A'iig~qTx~y Date h:/ew/Executive Summary/CC v. Bender Parcel 150 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORID& a political subdivision of the State of Florida, CASE NO. 98-1394-CA Petitioner, vs. CIVIL ACTION RONALD G. BENDER and MICHELE J. PARCEL: 150 BENDER, Trustees Under That Certain Declaration of Trust Dated the 17th day of May, 1991, et al Respondents. / STIPULATED FINAL JUDGMENT TIqlS CAUSE having come before the Court upon Joint Motion made by Petitioner and Respondents, BERN,z~D BARONE and LUCIA BARONE, for entry of a Stipulated Final Judgment as to Parcel 150, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, BERNARD BARONE and LUCIA BARONE, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADGUDGED that the Respondents, BERNARD BARONE and LUCIA BARONE, have and recover from the Petitioner, COLLIER COUNTY, FLORID& the sum of Four Thousand Two Hundred and No/100 Dollars ($4,200.00) for parcel 150, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcel; it is further ORDERED that Respondents, BERNARD BARONE and LUCIA BARONE, receive from Petitioner as a reasonable attorney fee and costs for services rendered in this action, the sum of Seven Hundred Seventy Five and 50/100 Dollars ($775.50). No o her No. eg. 3 .____ costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel 150; and it is further ORDERED that the Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Three Thousand Twenty Five and 50/100 Dollars ($3,025.50), subject to the approval of the Board of County CommisSioners, into the registry of this Court within 30 days from the date of the Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of Four Thousand Two Hundred and No/100 Dollars ($4,200.00), less any amounts previously paid, to the trust account of Policastro & LeKoux, P.A., and forward same c/o Anthony V. Policastro, Esquire, Policastro & LeRoux, P.A., 26133 U.S. Highway 19, Suite 300, Clearwater, Florida 33763, for the benefit of Kespondents, BERNARD BARONE and LUCIA BARONE; and it is further ORDERED that the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of Seven Hundred Seventy Five and 50/100 Dollars ($775.50), being the Kespondents' attorney fees and costs, to Policastro & LeRoux, P.A., c/o Anthony V. Policastro, Esquire, 26133 U.S. Highway 19, Suite 300, Clearwater, Florida 33763; and it is further ORDERED that title to Parcel 150, road right-of-way, sidewalk, utility, drainage and maintenance easement, as being fully described in Composite Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 23, 1998 and the deposit of money heretofore made, is approved, ratified and confirmed; and it is further ORDERED that this Stipulated Final Judgement is to be recorded in the Official Records of Collier County, Florida. . AGENDA No. J~ 2 pg, DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of , 1998. Circuit Court Judge Conformed copies to: Anthony Policastro, Esquire Joe W. Fixel, Esquire Heidi Ashton, Esquire CERTIFIED COPY, E. Weber, Legal Asst., County Attomey's Office Charge to: TWED - 113-163673-60061 Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondents, BERNARD BARONE and LUCIA BARONE, hereby stipulate to the foregoing Stipulated Final Judgment as to Parcel 150. Anthony V. Policastro, Esquire J6e 'i~Fixel, Esquire Florida Bar #937932 ~1o Bar #0192026 POLICASTRO & LEROUX, P.A. H4XEL & MAGUIRE 26133 u.s. Highway 19 11 South Gadsden Street Suite 300 Tallahassee, Florida 32301 Clearwater, Florida 33763 Telephone: (850) 681-1800 Telephone: (813) 712-1137 Facsimile (850) 681-9017 Facsimile: (813) 712-9465 and Attorney for R spo dent Heidi Ashton, Esquire Dated: / ~ Tq' Tq ~ Florida Bar #0966770 , t Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 34112-4902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 AG EN DA IT 3 PIg. 5 · PROJECT NO. (~df3dD~ / "'~'-., PROJECT PARCEL N'O. 150 FOLIO NO. ~ n_n~z, nOo,_q · SKETCH & LEGAL DESCRIPTION (NOT A SURVEY,) road right-of-way, sidewalk, utility, drainage & maintenance easement The North twenty-five (25) feet of the South seventy-five (75) feet of the West 150 feet of the East 180 feet of Tract 8, Golden Gate Estates Unit No. 29, according to the plat thereGf, as recorded in Plat Book 7, Page 57, of the pubtic records of Collier County, Florida, being a portion of the property described in that certain warranty deed recorded in Official Records Book 790, Page 1914, of the public records of Cotiier County, Florida. 4.. . 70,' Sweet SW (30' _. I TRACT 8 UNIT 29 , | : ! SUBJECT · ,~,.. .. . ,.. ': · ,- ~ ,2':. ~'7%~...'~%'.E:. i ~ 2s' 3301 ~:"Ta~,a~ Tza~l [~ EXHIBIT Naples,.. F1 34~2 SKETCH NOT TO SCALE ' , ! , EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 151 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. RON,4LD G. BENDER AND MICHELE J. BENDER, Trustees Under That Certain Declaration of T rust Dated the 17h day of May, 1991, et al., Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road) DJlaF.,C. Ij2fY~ That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcel No. 151 for the Livingston Road Extension Project in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17th day of May, 1991, et al., Case No. 98-1394-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension Project between Golden Gate Parkway and Radio Road (Project No. 60061). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Five Thousand Eight -"- Hundred Fifty No/100 Dollars ($5,850.00) for Parcel No. 151 in accordance with the Order of Taking. Through negotiations the parties have reached a settlement agreement whereby the property owners, Gilbert and Martha Mendes, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98-29). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for Eleven Thousand and No/100 Dollars ($11,000.00) to be paid to the Respondents as full compensation for the property fights taken as to Parcel No. 151. The Stipulated Final Judgment also provides that Collier County shall pay the Respondents' reasonable attomey fees and costs in the amount of One Thousand Seven Hundred Thirty-Two and 50/100 Dollars ($1,732.50). The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Six Thousand Eight Hundred Eighty-Two and 50/100 Dollars ($6882.50) with the Registry of the Court. The costs for property appraisal and engineering services have not been determined at this time. Therefore, jurisdiction for the assessment of these costs is reserved by the court in tnq~'~~[ Final Judgment. No ~t { c, 1~1t~) d A N 12 1 S9 / Executive Summary CC v. Ronald Bender et al. Parcel 151 ,--- Page 2 Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Cost: $6,882.50; to be obligated in the budget for FY 98/99. Fund: (313) Road Construction Gas Tax Cost Center: (163673) Surplus Gas Tax Road Construction Project Number: (60061 ) Livingston Road Extension (Golden Gate Parkway/Radio Road) GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated; and "' 3. direct staff to deposit the sum of $6882.50 into the Registry of the Court. Prepared by: Heidi F. Ashton Date Assistant County Attorney /_-/.. --'//: ~..~. /,2 - 2 ~ - ~ Robert Wiley, p,4'oject Manager Date Office of Capital Projects Management Reviewed by: Ed Ilschner, Administrator Date Public Works Division Approved by: , W Date h:/ew/Executive Summa~/CC v. Bender Parcel 151 pro. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORID& a political subdivision of the State of Florida, CASE NO. 98-1394-CA Petitioner, vs. CIVIL ACTION RONALD G. BENDER and MICHELE J. PARCEL: 151 BENDER, Trustees Under That Certain Declaration of Trust Dated the 17th day of May, 1991, et al Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner and Respondents, GELBERT MENDES and MARTHA MENDES, for entry of a Stipulated Final Judgment as to Parcel 151, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, GELBERT MENDES and MARTHA MENDES, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED ANrD ADGUDGED that the Respondents, GELBERT MENDES and MARTHA MENDES, have and recover from the Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eleven Thousand and No/100 Dollars ($11,000.00) for Parcel 151, as full payment for the property interests taken and for damages resulting to the remainders, if less than the entire property was taken, and for all other damages in connection with said parcels; it is further ORDERED that Respondents, GELBERT MENDES and MARTHA MENDES, receive from Petitioner as a reasonable attorney fee and costs for services rendered in this action, the sum of One Thousand Seven ltund ' and 50/100 Dollars ($1,732.S~~. ~.TO tY_her .--. attorney fees or costs shall be awarded, except as otherwise provided herein, in connection with the above-styled cause of action as it relates to Parcel 151; and it is further ORDERED that the Petitioner, COLLIER COUNTY, FLORID& shall deposit an additional Six Thousand Eight Hundred Eighty Two and 50/100 Dollars ($6,882.50), subject to the approval of the Board of County Commissioners, into the registry of this Court within 30 days from the date of the Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of Eleven Thousand and No/100 Dollars ($11,000.00), less any amounts previously paid, to the trust account of Policastro & LeRoux, P.A., and forward same c/o Anthony Policastro, Esquire, Policastro & LeKoux, P.A., 26133 U.S. Highway 19, Suite 300, Clearwater, Florida 33763, for the benefit of Respondents, GILBERT MENDES and MARTHA ---- MENDES; and it is further ORDERED that the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of One Thousand Seven Hundred Thirty Two and 50/100 Dollars ($1,732.50), being the Respondents' attorney fees and costs, to Policastro & LeRoux, P.A., and forward same c/o Anthony V. Policastro, Esquire, Policastro & LeRoux, P.A., 26133 U.S. Highway 19, Suite 300, Clearwater, Florida 33763. ORDERED that title to Parcel 151, road fight-of-way, sidewalk, utility, drainage and maintenance easement, as being fully described in Composite Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 23, 1998 and the deposit of money heretofore made, is approved, ratified and confirmed; and it is further ORDERED that this Stipulated Final Judgement is to be recorded in the Official Records of Collier County, Florida. ORDERED that this Court shall retain jurisdiction to determine the fee for appraisal services and engineering services rendered in connection with the above-styled cause of action as it relates to Parcel 151. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,1998. Circuit Court Judge Conformed copies to: Anthony Policastro, Esquire Joe W. Fixel, Esquire Heidi Ashton, Esquire CERTIFIED COPY, E. Weber, Legal Asst., County Attomey's Office Charge to: TWED - 113-163673-60061 Bookkeeping JOENT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondents, GILBERT MENDES and MARTHA MENDES, hereby stipulate to the fore~,oin~, tipulated Final Judgment as to Parcel 151. s 'tlate to the fo~ ---. Anthony V. Policastro, Esquire Jo . Fix41~,Esquire Florida Bar #937932 ~ Bar #0192026 POLICASTRO & LEROUX, P.A. & MAGLTIRE 26133 u.s. ~ghway 19 211 South Gadsden Street Suite 300 Tallahassee, Florida 32301 Cle~ater, Florida 33763 Telephone: (850) 681-1800 Telephone: (813) 712-1137 Facsimile (850) 681-9017 Facsimile: (813) 712-9465 and Dated: Florida Bar ~0966770 Assistant Coun~ A~omey Collier County Attorney' s Office 3301 East Tamiami Trail Naples, Florida 34112-4902 Telephone: (941) 774-8400 .. Attorneys Br Petitioner 3 Pg' OIl?ICE 0t CAPIT L t ROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34.112 ./ (9-1.1) 77-1--8192 PROJECT NO PROJECT PARCEL NO I 5 \ TAX PARCEL NO. _LEGAL, DESCRIPTION (NOT A SURVEY) ', road righl:-o_F-way, sidewalk, util~LCy, drainage & ma2nce~ance eascmcnl: COMMENCE AT TI-IE NOllTH\VEST CORNEll OF 'I'll. ACT 25 OF THE PLAT TI-iEllEOF,GOLDEN GATE ESTATES UNIT NO. 2y,AS ItECOllDED IN PLAT BOOK 7,PAGE 57 OF THE PUBLIC IIJZCOIIDS OF COLLIEll COUNTY. FLOItIDA ,THENCE NOIUI'H 89 DEGILIZES 30 MINUTES Ill. SECONDS EAST, A DISTANCE OF 30.00 FL!ET; TI IENCE SOUTI I DEGItEES 29 MINUTES 42 SECONDS EAST, A DISTANCE OF 51J.0[l FEET TO THE IK31NT OIr BEGINNING; THENCE NOIUI'H 1~9 DEGILEES 30 MINUTES 11~ SECONDS EAST, A DISTANCE OF 150.U0 FEET; 'I'IIENCE SOUTI.[ O DEGILEES 29 MINUTES 42 SECONDS EAST, A DISTANCE OF 2tl.0u FEET; THENCE SOIjTH 89 DEGREES 30 MINU'I'ES 18 SECONDS WEST. A DISTANCE OF 125.00 FEET; TI.IIZNCE SOUTH 50 DEGI(EES 50 MINUTES 43 SECONDS WEST, A DISTANCE OF 32.02 FEET; TI-IIiNCE NOI(TII 0 DEGREES 2') MINUTES 42 SECONDS WEST, A DIS'FANCE OF 40.t10 FEET TO 'FI[E IK:)INT OF BEGINNING; SAID DESCI(IBED TRACT CONTAINING 3,250 SQUAIIli FEET (0.075 ACIIJ2), MOILE O1( LESS. BASIS OF BEAI(INGS.IS TIlE NOllTH LINE OF SAID TRACT 25 BEING NORTH 89 DEGREES 30 MINLITES 11$ SECONDS EAST. PARCEL 8 B 1' 15 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54-112 (94.1) 774--8192 P.13.C. SKETCH OF DESCRIPTION /North Line ~ /' Tract 25 GOLDEN GATE PARKWAY 30.0"~0' 180 R/W , P.O.B. ~ ~ N.89'~O'lS"E. 150,00' , ~ D PARCEL 151 150.00' ° o' E, '~S.50'50'43"W. 20.00' 32.02" ~-Eost Line Tract 25 TRACT 25 J GENERAL NDTES i) P,E],C. Indicates Point oF Commencemen-~ 8) P.D.B. Indicc~tes Poin't oF Beginning 3) Sec. Indlcc~tes Section 4) Twp, Incticcd;es Township 5) Rge. indlcc~es Rc~nge 6) R/~ indicG'tes Righ4c-oF-wc~y 7) ALL distances ere in fee~ end decimals 'LhereoF III 8) 9Gsi5 oF Bearings i5 ~he North tine oF TrQC'U 25 being N.89'30'[8'E, 9) Not v~lid unless ~slOned and sealed wE'LL the embossed u " EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 152 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. RONALD G. BENDER AND MICHELE J. BENDER, Trustees Under That Certain Declaration of Trust Dated the 17h day of May, 1991, et aL, Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road) D.]iJ.F.~Xj3~ That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcel No. 152 for the Livingston Road Extension Project in the lawsuit entitled Collier County v. Ronald G. Bender and Michele J. Bender, Trustees Under That Certain Declaration of Trust Dated the 17'h day of May, 1991, et al,, Case No. 98-1394-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension Project between Golden Gate Parkway and Radio Road (Project No. 60061). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of One Thousand One Hundred Fifty and No/100 Dollars ($1,150.00) for Parcel No. 152 in accordance with the Order of Taking. Through negotiations the parties have reached a settlement agreement whereby the property owner, Antone C. Mendes, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98-29). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for Three Thousand Four Hundred and No/100 Dollars ($3,400.00) to be paid to the Respondent as full compensation for the property fights taken as to Parcel No. 152. The Stipulated Final Judgment also provides that Collier County shall pay the Respondent's reasonable attorney fees and costs in the arttaunt of Six Hundred Forty-Three and 50/100 Dollars ($643.50). The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Two Thousand Eight Hundred Ninety-Three and 50/100 Dollars ($2,893.50) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. jail 12 lS 9 Executive Summary CC v. Ronald Bender et al. Parcel 152 Page 2 FISCAL IMPACT: Cost: $2,893.50; to be obligated in the budget for FY 98/99. Fund: (313) Road Construction Gas Tax Cost Center: (163673) Surplus Gas Tax Road Construction Project Number: (60061) Livingston Road Extension (Golden Gate Parkway/Radio Road) GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $2,893.50 into the Registry of the Court. Prepared by: J Assistant County Attorney Robert Wile',~Project Manager Date Office of Capital Projects Management Reviewed by: Ed Ilschner, Administrator Date Public Works Division Approved by: d . Date h:/ew/Executive Summary/CC v. Bender Parcel 152 Pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORID& a political subdivision of the State of Florida, CASE NO. 98-1394-CA Petitioner, vs. CIVIL ACTION RONALD G. BENDER and MICHELE J. PARCEL: 152 BENDER, Trustees Under That Certain Declaration of Trust Dated the 17th day of May, 1991, et al Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner and Respondent, ANTONE C. MENDES, for entry of a Stipulated Final Judgment as to Parcel 152, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, ANTONE C. MENDES, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADGUDGED that the Respondent, ANTONE C. MENDES, has and recovers from the Petitioner, COLLIER COUNTY, FLORID& the sum of Three Thousand Four Hundred and No/100 Dollars ($3,400.00) for parcel 152, as full payment for the property interests taken and for damages resulting to the remainders, if less than the entire property was taken, and for all other damages in connection with said parcel; it is further ORDERED that Respondent, ANTONE C. MENDES, receives from Petitioner as a reasonable attorney fee and costs for services rendered in this action, the su. j A I 2 1BS3 Forty Three and 50/100 Dollars ($643.50). No other attorney fees or costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel 152; and it is further ORDERED that the Petitioner, COLLIER COUNTY, FLORID& shall deposit an additional Two Thousand Eight Hundred Ninety Three and 50/100 Dollars ($2,893.50), subject to the approval of the Board of County Commissioners, into the registry of this Court within 30 days from the date of the Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of Three Thousand Four Hundred and No/100 Dollars ($3,400.00), less any amounts previously paid, to the trust account ofPolicastro & LeRoux, P.A., and forward same c/o Anthony V. Policastro, Esquire, Policastro & LeRoux, P.A., 26133 U.S. Highway 19, Suite 300, Clearwater, Florida 33763, for the benefit of Respondent, ANTONE C. MENDES; "" and it is further ORDERED that the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of Six Hundred Forty Three and 50/100 Dollars ($643.50), being the Respondent's attorney fees and costs, to Policastro & LeRoux, P.A., c/o Anthony V. Policastro, Esquire, 26133 U.S. Highway 19, Suite 300, Clearwater, Florida 33763; and it is further ORDERED that title to Parcel 152, road fight-of-way, sidewalk, utility, drainage and maintenance easement, as being fully described in Composite Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 23, 1998 and the deposit of money heretofore made, is approved, ratified and confirmed; and it is further ORDERED that this Stipulated Final Judgement is to be recorded in the Official Records ,-'- of Collier County, Florida. ' J ,N 12 DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,1998. Circuit Court Judge Conformed copies to: Anthony Policastro, Esquire Joe W. Fixel, Esquire Heidi Ashton, Esquire CERTIFIED COPY, E. Weber, Legal Asst., County Attorney's Office Charge to: TWED - 113-163673-60061 Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondent, ANTONE C. MENDES, hereby stipulates to the foregoing Stipulated Final Judgment as to Parcel 152. Anthony V. Policastro, Esquire J~)o~.~,. Fiiel, Esquire Florida Bar #937932 rida Bar #0192026 POLICASTRO & LEROUX, P.A. q:IXEL & MAGUIKE 26133 u.s. Highway 19 211 South Gadsden Street Suite 300 Tallahassee, Florida 32301 Clearwater, Florida 33763 Telephone: (850) 681-1800 Telephone: (813) 712-1137 Facsimile (850) 681-9017 Facsimile: (813) 712-9465 and Attorney fc)r~?,~o?~ff2}t Heidi Ashton, Esquire Dated: Florida Bar #0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 34112-4902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 Dated: I AGENDA ITFM No. jA,"-4 12 ISg9 3 · .. " -!"-' PROJECT NO. PROJECT PARCEL NO... FOLIO NO.-38'-02120009 SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) road right.-oZ-~,,ay, side~zalk, utility, dra'inage & maint:enance easement: The South bventy (20) feet of the North seventy (70) feet of the East 150 feet of Tract 25, Golden Gate Estates Unit No. 29, according to the plat thereof, as recorded in Plat Book 7, Page 57, of the public records of Collier County, Florida. .:. · , SUBJECT (20'~ EAST ~50' OF TPACT 25 GOLDEN GATE ESTATES U,~UT NO. 29 ROE K KICt-~ObrD P.L.S. 2406 _ _., [ E. TA.MIA.I%E TKAZL SKETCH NOT TO SCALE I"~A2LES, FLORIDA 34112 !11~ EXHIBIT EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NOS. 158 AND 858 IN THE LAWSUIT ENTITLED COLLIER COUNTY v. RONALD G. BENDER AND MICHELE J. BENDER, Trustees Under That Certain Declaration of Trust Dated the 17' day of May, 1991, et aL, Case No. 98- 1394-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easements on Parcel Nos. 158 and 858 for the Livingston Road Extension Project in the lawsuit entitled Collier County v. Ronald G. Bender and Michele ~. Bender, Trustees Under That Certain Declaration of Trust Dated the 17th day of May, 1991, et al., Case No. 98-1394-CA. CONSIDERATIONS: On July 23, 1998, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road Extension Project between Golden Gate Parkway and Radio Road (Project No. 60061). On August 12, 1998, Collier County deposited with the Registry of the Court the sum of Twenty Thousand Fifty and No/100 Dollars ($20,050.00) for Parcel Nos. 158 and 858 in accordance with the Order of Taking. Through negotiations the parties have reached a settlement agreement whereby the property owners, George T. and Fredricka F. Bond, III, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 98-29). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for Twenty-Five Thousand Fifty and No/100 Dollars ($25,050.00) to be paid to the Respondents as full compensation for the property fights taken as to Parcel Nos. 158 and 858. The Stipulated Final Judgment also provides that Collier County shall pay the Respondents' reasonable attorney fees and costs in the amount of Two Thousand and No/100 Dollars ($2000.00). The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Seven Thousand and No/100 .Dollars ($7,000.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. pg. ! Executive Summary CC v. Ronald Bender et al. Parcel 158/858 Page 2 FISCAL IMPACT: Cost: $7,000.00; to be obligated in the budget for FY 98/99. Fund: (313) Road Construction Gas Tax Cost Center: (163673) Surplus Gas Tax Road Construction Project Number: (60061) Livingston Road Extension (Golden Gate Parkway/Radio Road) GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $7,000.00 into the Registry of the Court. Prepared by: I~eidi'F. Ashton Date ' Assistant County Attorney Robert Wiley, ~oject M~ager Date Office of Capital Projects Management Reviewed by: Ed Ilschner, Administrator Date Public Works Division IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, CASE NO. 98-1394-CA Petitioner, vs. CIVIL ACTION RONALD G. BENDER and MICHELE J. PARCELS: 158/858 BENDER, Trustees Under That Certain Declaration of Trust Dated the 17th day of May, 1991, et al Respondeats. / STIPULATED FINAL .HIDGMENT TIES CAUSE having come before the Court upon Joint Motion made by Petitioner and Respondeats, GEORGE BOND EI and FREDRICKA BOND, for entry of a Stipulated Final Judgment as to Parcels 158 & 858, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondeats, GEORGE BOND Irl and FREDRICKA BOND, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADGUDGED that the Respondeats, GEORGE BOND III and FREDRICKA BOND, have and recover from the Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty Five Thousand Fifty and No/100 Dollars ($25,050.00) consisting of $19,600.00 for the road fight-of-way, sidewalk, utility, drainage and maintenance easement designated as Parcel 158, and $5,450.00 for the slope, drainage, utility and maintenance easement designated as Parcel 858, as full payment for the property interests taken and for damages resulting to the remainders, if less than the entire property was taken, and for all other' 12 ORDERED that Respondents, GEORGE BOND HI and FREDRICKA BOND, receive from Petitioner as a reasonable attorney fee and costs for services rendered in this action, the sum of Two Thousand and No/100 Dollars ($2,000.00). No other attorney fees or costs shall be awarded in connection with the above-styled cause of action as it relates to Parcels 158 & 858; and it is further ORDERED that the Petitioner, COLLIER COUNTY, FLORID& shall deposit an additional Seven Thousand and No/100 Dollars ($7,000.00), subject to the approval of the Board of County Commissioners, into the registry of this Court within 30 days from the date of the Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of Twenty Five Thousand Fifty and No/100 Dollars ($25,050.00), less any amounts previously paid, to the trust account of Policastro & LeRoux, P.A., and forward same c/o Anthony V. Policastro, Esquire, Policastro & LeRoux, P.A., 26133 U.S. Highway 19, Suite 300, Clearwater, Florida 33763, for the benefit of Respondents, GEORGE BOND III and FREDRICKA BOND; and it is further ORDERED that the Clerk of this Court shall immediately disburse, without further order of this Court, the sum of Two Thousand and No/100 Dollars ($2,000.00), being the Respondents' attorney fees and costs, to Policastro & LeRoux, P.A., c/o Anthony V. Policastro, Esquire, 26133 U.S. Highway 19, Suite 300, Clearwater, Florida 33763; and it is further ORDERED that title to Parcel 158, road fight-of-way, sidewalk, utility, drainage and maintenance easement, and Parcel 858, slope, drainage, utility and maintenance easement, as being fully described in Composite Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 23, 1998 and the deposit of AGENDA i:T~U ' money heretofore made, is approved, ratified and confirmed; and it is further I .~ No. ~ C~(~J Pg.. ORDERED that this Stipulated Final Judgement is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,1998. Circuit Court Judge Conformed copies to: Anthony Policastro, Esquire Joe W. Fixel, Esquire Heidi Ashton, Esquire CERTIFIED COPY, E. Weber, Legal Asst., County Attomey's Office Charge to: TWED - 113-163673-60061 Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondents, GEORGE BOND I]] and FREDRICKA BOND, hereby stipulate to the foregoing Stipulated Final Judgment as to Parcels 158 & 858. ~/'~"~'~ ~ Jo '.Fixel,'Esquire Florida Bar #937932 ' Bar #0192026 POLICASTRO & LEROUX, P.A. & MAGUIRE 26133 u.s. Highway 19 211 South Gadsden Street Suite 300 Tallahassee, Florida 32301 Clearwater, Florida 33763 Telephone: (850) 681-1800 Telephone: (813) 712-1137 Facsimile (850) 681-9017 Facsimile: (813) 712-9465 and Attorney o Florida Bar #0966770 Dated: ~/ Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 34112-4902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 "| Attorneys for Petition A~ENDA ITEM · Dated:._ ]'x__ ~, _ 'F7 hlo. 16, (-~'~ J 12 1B 3 [ 3 pg... ~ .... ""' PROJECT NO. PROJECT PARCEL NO. FOLIO NO._ 3810076(:)00% SKETCH &.. LEGAL DESCRIPTION (NOT A SURVEY) road right-of-way, sidewalk, utility, drainage & maintenance easement The West twenty (20) feet of the South One Half (1/2) of Tract 11, Go)den Gate Estates Unit No. 29, according to the piat thereof, as recorded in P[at Book 7, Page 5?, of the public records of C,oHier County, Florida. Er:sing 30 fcct dalnage ' Easement (by plat) 1 ~ ; t.:,'-CT It GOLDEH G~,TE EST-"T;S . U,'IIT NO. 29 SUBJECT (20') ('70 : :.,. . ....... DATE. 2 ;.:.'.',:" :..-.'. :"'~",'.. R. P,.ICFLM, ON1D P.L.S. 2406 , , .:'." · :,,'- lILPLES, FLOR/DA34]12 · ~, ,...,...:\'. "t~. ,-:: .... ,., :* i ' ' ' SKETCH NOT TO SCALE ' II ' PROJECT NO. ~(gD~ / PROJECT PARCEL NO...,55 8_ .--.~.._ FOLIONO. .~OOT~,.,o~_~ SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) slope, d~'aj. nage, utj.].ity & ~aintenance easement The East forty (40) feet of the West sixty (60) feet of the South One Half (112) of Tract 11, Golden Gate Estates Unit No. 29, according to the plat thereof, as recorded in Plat Book 7, Page 57. of the public records of Collier County. Florida. E;Es~r,g 30 fcc[ dtaTna;e ' Easemec,[ [b7 I::~at) ' ~ '~ ' TP~CT ll Gnl DF,'J n~tF FST'-TFS UNIT NO, 29 : , . . SUBJECT (4o') 30'P~'.'/ (70 I ~,':, ': GE: R. E[C["L'~O~qD :LL.S. 2406 ~--- EXECUTIVE SUMMARY TO AUTHORIZE THE COUNTY ATTORNEY TO DRAFT AN ORDINANCE TO AMEND THE AIRPORT AUTHORITY ORDINANCE TO ELIMINATE THE NUMBER OF TIMES A MEMBER OF THE AIRPORT AUTHORITY MAY BE RE-APPOINTED; AUTHORIZE THE AIRPORT AUTHORITY TO ADVERTISE THE ORDINANCE FOR PUBLIC HEARING BEFORE THE BOARD OBJECTIVE: To obtain authorization from the Board of County Commissioners for the County Attomey to draft an Ordinance to amend paragraph A of Ordinance No. 95-67 (the Airport Authority Ordinance) to eliminate the number of times a member of the Authority may be re-appointed to membership on the Authority. Also to obtain authorization for the Airport Authority to publish "Notice" in a newspaper of general circulation in Collier County of a public hearing on the subject Ordinance. CONSIDERATION: On November 15, 1998, the Collier County Airport Authority determined that members of the Airport Authority administer the actions of the Authority much like a Board of Directors of a corporation and that continuation of corporate memory is generally desirable. The Authority then and there determined that it is not in ,,,-_ the public interest that there are limitations on the number of times that members of the Authority are eligible for re-appointment to the authority. The Authority passed a motion to request the Board of County Commissioners to amend Paragraph A of Section FIVE of Collier County Ordinance No. 96-67 to eliminate the limitations on re- appointment of members to the Collier County Airport Authority. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to draft an Ordinance to amend paragraph A of Ordinance No. 95-67 (the Airport Authority Ordinance) to eliminate the number of times a member of the Authority may be re-appointed to membership on the Authority. Also that the Airport Authority be authorized to publish "Notice" in a newspaper of general circulation in Collier County of a scheduled public hearing on the respective Ordinance. on . . . r APPROVED Date: [ ~f [ q [ C ~ Michael Willjams, Chairman Pg. EXECUTIVE SUMMARY PETITION CU-98-17, DWIGHT NADEAU, AICP, OF MCANLY ENGINEERING & DESIGN, INC., REPRESENTING EVERGLADES GOLF CORPORATION, REQUESTING CONDITIONAL USE "17" OF THE A ZONING DISTRICT FOR A GOLF COURSE AND RELATED USES, FOR PROPERTY LOCATED AT THE EASTERN TERMINUS OF VANDERBILT BEACH ROAD EXTENSION, IMMEDIATELY NORTH OF THE CYPRESS CANAL, ONE AND ONE HALF MILES EAST OF CR 951, CONSISTING OF 261+/- ACRES, IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The Petitioner requests Conditional Use approval, per Section 2.2.2.3 of the Collier County Land Development Code, for a golf course, a clubhouse and accessory uses. CONSIDERATIONS: The applicant requests a Conditional Use in order to build a Golf Course, Clubhouse, and accessory structures on the 260+ acre site. The golf course will be constructed on 183 acres (including a 7.7 acre clubhouse site and 2 acre maintenance area). Lakes will compose 50 acres of the site. The remaining 28 acres will be wetland areas. The Collier County Planning Commission heard this petition on December 3, 1998 and voted to recommend approval of the project to the Board of Zoning Appeals. FISCAL IMPACT: Approval of this petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: The subject parcel is designated as Agricultural/Rural on the Future Land Use map of the Growth Management Plan. The Agricultural/Rural Land Use Designation is f, ~r tho areas that are remote from the existing development pattern, lack public facili" s and le JAN I 2 1999 services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore allowable land uses are of low intensity. A limited selection of land uses other than low density residential and agricultural are permitted. Among those are recreational uses. Therefore, if a Conditional Use for a golf course is approved by the Board of Zoning Appeals, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore a survey or Waiver of Historic and Archaeological Survey & Assessment is not required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommended by unanimous vote, that the Board of Zoning Appeals approve Petition CU-98-17, subject to the conditions in the Resolution. PREPARED BY: / FRED REI~;CHL, SENIOR PLANNER DATE CURRENT PLANNING S,' RS~ALD F. NINS, ~]dP DATE CURRENT PLANNING MANAGER ROBERT J. MULHERE, AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: "-' VINCENT A. CAUTERO, AICP DATE .... COMMUNI~ DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINIST~ FOR .~s~ executive summa~/CU-98-17 JAN 1 ~ 1999 2 AGENDA ITEM 7-M MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 15, 1998 RE: CU-98-17 rrrrrrrrrrrrrrrrrrrrrrrrrrrrrr PROPERTY OWNER/AGENT: OWNERS: Richard Jaeger, Trustee Merrimont Development Corporation Yvonne Fields Daisy M. Anthony Coretta Anthony Rose Doramo Adria Parsons Anton E. Dooner Angelos & Angelika Patsis Susan Boggs Marjorie M. Tasetano CONTRACT PURCHASER: Everglades Golf Corporation do Quinby Realty 3775 Airport Road North Naples, FL 34105 AGENT: Dwight Nadeau McAnly Engineering & Design, Inc. 5101 East Tamiami Trail, Suite 202 . Naples, FL 34113 JAN i g 1999 REQUESTED ACTION: The Petitioner requests Conditional Use approval, per Section 2.2.2.3 of the Collier County Land Development Code, for a golf course, a clubhouse and accessory uses. LOCATION: The subject parcel is located at the eastern terminus of Vanderbilt Beach Road, approximately 1.5 miles east of its intersection with CR 951, in Section 36, Township 48 South, Range 26 East. The site consists of approximately 260 acres. DESCRIPTION OF PROJECT: The applicant requests a Conditional Use in order to build a Golf Course, Clubhouse, and accessory structures on the 260+ acre site. The golf course will be constructed on 183 acres (including a 7.7 acre clubhouse site and 2 acre maintenance area). Lakes will compose 50 acres of the site. The remaining 28 acres will be wetland areas. SURROUNDING LAND USE & ZONING: SUBJECT: Primarily undeveloped with some agricultural activity and a single family home; zoned A SURROUNDING: North: Primarily undeveloped land; zoned A East: Olde Florida Golf Club; zoned GC South: Vanderbilt Beach Road ROW, across which is Golden Gate Estates, Unit 6; zoned E West: A mix of undeveloped parcels, agricultural uses, and single family homes; zoned A GROWTH MANAGEMENT PLAN CONSISTENCY: The subject parcel is designated as Agricultural/Rural on the Future Land Use map of the Growth Management Plan. The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore allowable land uses are of low intensity. A limited selection of land uses other tha'r~ low density residential and agricultural are permitted. Among those are recreational uses. Therefore, if a Conditional Use for a golf course is approved by the Board of Zoning Appeals, the petition shall be consisten WitI~D~,LT'),~)' Future Land Use Element of the Growth Management Plan. JAN I g 1999 2 F,g. /5/ HISTORIC/ARCHAEOLOGIGICAL IMPACT: Staff analysis indicates that the petitioner's property in located outside an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed golf course's impact on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report, STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. Since golf courses are recognized as recreational uses of land in Agricultural/Rural designated areas, this Conditional Use request has been determined to be consistent with. the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. PRO: The proposed golf course shall have access off Douglas Street, not Vanderbilt Beach Road. There is very little pedestrian activity in this area. CON: Traffic volume on this segment of Vanderbilt Beach Road will increase, but not to a significant degree. ANALYSIS: Due to the relatively low traffic volume generated by the proposed _ golf course, and the fact that an existing road will be utilized, the traffic ingress and egress to the golf course should operate adequately and with an acceptable level of "" safety. 3 JAN 12 19%!3 Pg, ~ 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. PRO: The effects of noise, glare, and odor are usually not associated with a golf course, except during its construction. Golf courses tend to positively affect property values. CON: During construction of the golf course, surrounding properties may experience noise normally associated with the operation of heavy equipment. ANALYSIS: Any effects of noise, glare, or odor will be temporary. There may be a long term economic benefit to surrounding property values. 4. Compatibility with adjacent properties and other property in the district. PRO: Olde Florida Golf Course lies to the east of the subject parcel, and is compatible. One half mile to the west is the Vanderbilt Pines PUD which is a golf course community and is compatible. The other surrounding agricultural and low density residential uses are also compatible with a golf course. At a density of one dwelling unit per five acres, the 260 acre site would have potentially supported 52 single family homes. CON: The subject property will no longer be available for agricultural production or low density residential use. ANALYSIS: Within the Urban Designated Area, golf courses are considered an amenity when associated with a single family development. Therefore, it is staffs finding that the proposed golf course is compatible with adjacent properties and other properties in the district. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-98-17 to the Board of Zoning Appeals. 4 JAN I PREPARED BY: ,~-~ F LANNER DATE CURRENT PLANNING CURRENT PLANNING MANAGER ll- I9' ?~' AICP DATE DIRECTOR APPROVED BY: . //-/~-~' VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition CU-98-17 Scheduled for the December 3, 1998 CCPC meeting. Tentatively scheduled for the January 12, 1999 BZA meeting. COLLIER COUNTY PLANNING COMMISSION: JAN 12 l~:~ 5 1 2 RESOLUTiSN 99- 3 5 6 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT 7 OF A GOLF COURSE CCNDiTIONAL USE "17" iN THE S "A" AGRICULTURE ZONING DISTRICT PURSUANT TO 9 SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND I0 DEVELOPMENT CODE FOR PROPERTY LOCATED iN 11 SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 ]2 EAST, COLLIER COUNTY, FLORIDA. 13 14 15 WHEREAS, the Legislature of the State of Florida in Chapter 16 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has 17 conferred on Collier County the power to establish, coordinate and IS enforce zoning and such business regulations as are necessary for the 19 protection of the public; and 20 WHEREAS, the County pursuant thereto has adopted a Land 21 Development Code (Ordinance No. 91-i02) which includes a 22 Comprehensive Zoning Ordinance establishing regulations for the 23 zoning of particular geographic divisions of the County, among which 24 is the granting of Conditional Uses; and 25 WHEREAS, The Collier County Planning Commission, being the duly 26 a~pointed and constituted planning board for the area hereby 27 affected, has held a public hearing after notice as in said 28 regulations made and provided, and has considered the advisability of 29 Conditional Use "17" of Section 2.2.2.3 in an "A" Rural Agricultural 30 Zone for a golf course on the property hereinafter described, and has 31 found as a matter of fact (Exhibit "A") that satisfactory provision 32 and arrangement have been made concerning all applicable matters 33 required by said regulations and in accordance witi~ Subsection 34 2.7.4.4 of the Land Development Code for the Collier County Planning 35 Commission; and 36 WHEREAS, all interested parties have been given opportunity to 37 be heard by ~his Board in a public meeting assembled and the Board 3S having considered all matters presented. 39 NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS cf 40 Collier County, Florida tha~: " .. , .-. ~..-~: ~ i~:~: ffT.~"~",...~_: ._,~w~r.-'~.~-$.-~~~,~'---''''''~''w'~'~''~ ! The petition filed by Dwight Nadeau of McAnly Engineering and 2 Design, Inc., representing Everglades Golf Corporation with respect 3 to the property hereinafter described as: 4 5 Exhlbit "B" which is attached hereto and incorporated by 6 reference herein 7 be and the same is hereby approved for Conditional Use "17" of 8 Section 2.2.2.3 of the "A" Rural Agricultural Zoning District for a 9 golf course in accordance with the Conceptual Master Plan (Exhibit ]0 "C") and subject to the following conditions: 1] 12 1. Prior to approval of construction plans, the Petitioner ]3 shall submit to the Transportation Services Director, ]4 evidence that the Petitioner has the right to make ]5 improvements tc Douglas Road. ]6 ]7 2. Improvements to Douglas Road or Vanderbilt Beach Road ]8 are not eligible for road impact fee credits. 19 20 3. Arterial level street lighting shall be provided at 21 the intersection of Douglas Road and Vanderbilt Beach 22 Road, prior to the issuance of a Certificate of 23 Occupancy. 24 ~' 25 BE IT FURTHER RESOLVED that this Resolution be recorded in the 26 minutes of this Board. 27 This Resolution adopted after motion, second and majority vote. 28 Done this day of , 1999. 29 30 BOARD OF ZONING APPEALS 3! COLLIER COUNTY, FLORIDA 32 33 BY: 34 Chairman 35 36 ATTESTr 37 DWIGHT E. BROCK, Clerk 38 39 40 4~ Approved as to Form and 42 Legal Sufficiency: Marjorie M. Student 45 Assistant County Attorney JAN ! 2 1999 -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-i7 The following facts are found: 1. Section 2.2.2.3.17 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management PYN Yes o B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress Yes &~~N~ C. Affects ne'ghboring properties in relation to noise, glare conomic or odor effects: ~fect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use~within district Yes ~,/ No Based on the above findings, this conditional useo~~~shoul ith '(~.~c''~'~ ~-) e rec stipulations, (copy attached) approval ~K . DATE:/2/J/f/ MBER ,. //' f/CU-98-17 FINDING OF FACT MEMBER/' EXHIBIT "A" JAN Pg._//_ GOLF CLUB OF THE EVERGL~,DES · LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE EAST HALF OF SECTION 36, TOWNSHIP 48 SOUTH. RANGE · 27 EAST. COLLIER COUNTY, FLORIDA. AND RIORE PARTICULARLY DESCRIBED AS FOLLOY;S: THE EAST HALF OF SECTION 36. TOWNSHIP 48 SOUTH, K~.NGE 27 EAST, LESS THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION AND THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER ,.OF SAID SECTION. " SAID PARCEL CONTAINING 261.85 ACRES ~{ORE OR LESS. SUBJECT 70 EASE~fE.YTS. RESTR!CT!ONS AND RESERVATIONS OF RECORD. EXWIDIT "B" JAN 12 1999 · GOLF CLUB OF THE EVERGLADES IA,'qD USE TABLE G4~L.r COUR'~': 1~3: ~ I'ET'..A,'~XX3: 25 *- ACTZS* EXECUTIVE SUMMARY PETITION CU-98-20, DONALD A. PICKWORTH, PA., REPRESENTING NAPLES GOLF PARTNERS, REQUESTING CONDITIONAL USE "17" OF THE A ZONING DISTRICT FOR A GOLF COURSE AND RELATED USES, FOR PROPERTY LOCATED TO THE NORTH OF TAMIAMI TRAIL EAST (US 41) AND ALONG BOTH SIDES OF EAST HAMILTON ROAD, CONSISTING OF 82.48+~- ACRES, IN SECTION 17, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The Petitioner requests Conditional Use approval, per Section 2.2.2.3 of the Collier County Land Development Code, for a golf course, a clubhouse and accessory uses. CONSIDERATIONS: The applicant requests a Conditional Use in order to build a golf course, clubhouse, and accessory structures on the 82.48+ acre site. A Conditional Use for a golf course was approved on this property in 1993 (CU-92-10). Since the use did not commence, the Conditional Use has expired. The current petition will reduce the size and scope of the clubhouse and reduce impacts to onsite wetlands. The Collier County Planning Commission heard this petition on December 3, 1998 and voted to recommend approval of the project to the Board of Zoning Appeals. FISCAL IMPACT: Approval of this petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: The subject parcel is designated as Agricultural/Rural on the Future Land Use map of the Growth Management Plan. The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilitP..~ services, are environmentally sensitive or are in agricultural production. Urbani2ation~EN~'A~Y~ JAN 3, 2 1999 not promoted, therefore allowable land uses are of low intensity. A limited selection of land uses other than low density residential and agricultural are permitted. Among those are recreational uses. Therefore, if a Conditional Use for a golf course is approved by the Board of Zoning Appeals, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore a survey or Waiver of Historic and Archaeological Survey & Assessment is not required. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommended by unanimous vote, that the Board of Zoning Appeals approve Petition CU-98-17, subject to the conditions in the Resolution. FRED R~ISCHL, SENIOR PLANNER DATE CURRENT PLANNING C)N LD F. NiNO, AI~ DATa CURRENT PLANNING MANAGER / Z, -f', F~ T DATE PLANNING SERVICES DIRECTOR AP~L/~ , //,2 ,.,... VINCENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR 2 JAN 12 1999 AGENDA lIE/: 7-N MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: FRED REISCHL COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: OCTOBER 26.1998 RE: CU-98-20 PROPERTY OWNER/AGENT: OWNERS: Earnest & Mary Hamilton William Schweikhardt, Trustee for: Claire Bidewell Celia Skudris The Estate of John Schweikhardt: Anita Schweikhardt, PR Peter Schweikhardt William Schweikhardt CONTRACT PURCHASER: Naples Golf Partners Limited Partnership Wayne T. Wallrich (100%) General & Limited Partner 22 Sunningdale Drive Grosse Pointe Shores, MI 40236 AGENT: Donald A. Pickworth, PA Newgate Tower, Suite 602 5150 North Tamiami Trail Naples, FL 34103 JAN i 2 1999 REQUESTED ACTION: The Petitioner requests Conaitional Use approval, per Section 2.2.2.3 of the Collier County Land Development Code. for a golf course, a c~ubhouse and accessory uses. LOCATION: The subject parcel is located to the north of Tamiami Trail East (US 41) and along both sides of East Hamilton Road. in Section 17, Township 51 South. Range 27 East. The site consists of approximately 82.48 acres. DESCRIPTION OF PROJECT: The applicant requests a Conditional Use in order to build a golf course, clubhouse. and accessory structures on the 82.48+ acre site. A Conc~itional Use for a golf course was approvec~ on this property in 1993 (CU-92-t0). Since the use did not commence, the Conditional Use has expired, The current petition will reduce the size and scope of the clubhouse and reduce impacts to onsite wetlands. SURROUNDING LAND USE & ZONING: SUBJECT: Originally cleared for homes and then for a golf course: zoned A SURROUNDING: North: Primarily undeveloped land; zoned A East: Active agricultural fields; zoned A South: US 41 ROW West: Primarily undeveloped land; zoned A GROVVTH MANAGEMENT PLAN CONSISTENCY: The subject parcel is designated as Agricultural/Rural on the Future Land Use map of the Growth Management Plan. The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore allowable land uses are of low intensity. A limited selection of land uses other than low density residential and agricultural are permitted. Among those are recreational uses. Therefore, if a Conditional Use for a golf course is approved by the Board of Zoning Appeals, the petition shall be consistent with the Future Land Use Element of the Growth Management Plan. JAN 1 g 1999 2 """ HISTORIC/ARCHAEOLOGIGICAL IMPACT: Staff analysis indicates that the petitioner's property in located outside an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed golf course's impact on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. Since golf courses are recognized as recreational uses of land in Agricultural/Rural designated areas, this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. PRO: The proposed golf course shall have access off East Hamilton Road, not US 41. There is very little pedestrian activity in this area. CON: Traffic volume on this segment of US 41 will increase, but not to a significant degree. ANALYSIS: Due to the relatively low traffic volume generated by the proposed golf course, and the fact that an existing road will be utilized, the traffic ingress and -'-- egress to the golf course should operate adequately and with an acceptable level of me safety. JAN 12 1999 3 The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. PRO: The effects of noise, glare, and odor are usually not associated with a golf course, except during its construction. Golf courses tend to positively affect property values. CON: During construction of the golf course, surrounding properties may experience noise normally associated with the operation of heavy equipment. After construction, the golf course will be illuminated for night play. ANALYSIS: Most effects of noise, glare, or odor will be temporary. Lighting will be shielded and directed away from aajacent properties and rights-of-way. There may be a long term economic benefit to surrounding propercy values. 4. Compatibility with adjacent properties and other property in the district. PRO: The surrounding agricultural and low density residential uses are also compatible with a golf course. At a density of one dwelling unit per five acres, the 82.48 acre site would have potentially supported 16 single family homes. CON: The subject propercy will no longer be available for agricultural production or low density residential use. ANALYSIS: Within the Urban Designated Area, golf courses are considered an amenity when associated with a single family development. Therefore, it is staff's finding that the proposed golf course is compatible with adjacent properties and other properties in the district. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-98-20 to the Board of Zoning Appeals. JAN :1. 2 1999 4 Pf]. ~ PREPARED BY: PLANNER DATE CURRENT PLANNING //- .q 6'I~ALD F. ~INO, AICP DATE ' CURRENT PLANNING MANAGER /i BLURT J. MULHERE, AICP DATE RO PLANNING SERVICES DIRECTOR APPROVED BY: ~:::- ._ ,.... viNcENT A. CAUTERO, AICP DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition CU-98-20 Scheduled for the December 3, 1998 CCPC meeting. Tentatively scheduled for the January 12, 1999 BZA meeting. COLLIER COUNTY PLANNING COMMISSION: M ICHA~,/~R~ET, CHAIRMAN 5 JAN i g 1999 Z,Z .z. ;ZLY UtYYEZ ZZ:;ZZTZZ:;AL L'SZ "Z"' Z:; 7H-Z ~ 'A" ZLNZNS ZZZTFZO7 F';?.SUAN7 ~ l.Z.Z.2 ZY 7H-Z YSLLZZF. 2SY:;?f LA:;Z :0 ZS'.'ELCZ:-:,Z::7 3ZZZ ZZ~. EFZZiFT'_' ZZZAYZZ :: ZZCTZZ:; L , __WNSHZE EL ZZUTH, ;2 5AS7, ZOLLZZP. YZU;;7':', FLLSZZ2. !5 :';H,ZRZAZ, %ze Ze~'~l~z'zze ~ zze Y~ze !6 ~'-ZZ46, Laws :~ 7Lsrzca, ~c 2hacuer 225, Fizzira Suauuces, zas lB ey.;zrze z?zL7.7 52Z Eaz~ ZZELZeEE Ye~'ZiZULSZS :} 3Y~ZSU%ZgY. 'g 'Y. 6 ?;ZZtZ; ~7. Z .','~EF. ZAE, 'y. 5 ~ojz~'.' 7zrEzEy.~ zy. areuz .".EE ~Zg~ZeZ S Lazz Z] Z&-.'algzze~z 3zse ZzzLzaz35 :;o. }L-LZZ 23 zcT. ln~ cf ~arllsuisz Decorschic l:,'iszcns gf Cy.e Zzunz}', amon~ which 24 iS Zme rramzin~ if 3cns~uzsnal Uses/ 25 XHEEE.qE, :he raillet 2ounzy/lannzn~ rSr/.lESlZZ, Zeinz 26 a~sLmzea ar.z :znsziuune~ ~lann/nz c~arc for ~:.e area ~erery 3i r.a~zer :f f~2~ Z;.z.-.LZi~ "A" Zzaz ~azzEfaPzsr'f ~rP'.'LElzm 32 arrassemen'_ :.ave Zeen mace .zsncernizg all ap, pllrazle minuets recuiren 33 ~)' said recuiaui2ns and in acccr=ance 34 Lanc Zevelcpmenn isae fsr zne Csiiier Csunny FiannLnz SDrfi~iSBZCn; ay~d 35 WHEREAS, all iz~eresnec parales have seen rl'jen spporzunzny 36 he kear~ ~y inns ~carn in a puDlis meenzn~ assetaleS ant zhe ~car~ 37 ha'jinJ 23zslZereG all manners presen=ec. 38 NOW, ?HEREFORE 3E iT RESCL'jEP, 3'f THE 39 Collier Cs'jnz'z', Ficrn~a nnan: I JAN 1 E 1999 ................. 7z 5Exhlzzt "~" wni$z i,: a:tacnez here:: all inrZrFcraLeC referelse nere!n g SeSiLzL 2.2.2.2 sf :he "A" 2sn=n~ 2istrlji fzr a 9 arrcrcan_-e '.,'L:~ :~e C~ncep:ual :.Caster ~i=- rxhlrl~ "T"' and sus-es: i0:2 :Ae fsilowlm~ ccnClticns: ll 12 _. Llghilnc facilities shall be arranged ]3 protects roadways anG neignbcrln~ properties from ]~ liter: ~iare cr otter interference. lo _. iarkzr. r spaces for :he ~zsaDiez snail ze ~rranse~ ss !~ '-enlsle. 2C _. lzrsuazl ~2 Set:liE i.2.1~.~.i if ice LEns ievelzzmeLz 23 lr arcnaeziogica_ = .... =~_ _= ...... , 24 wi:hln :he minimum area necessar'y :c pr.stest the 25 aisccvery shall be zmmeclately steppes anz the Collier 26 County Code Enforcement 2epar:men: scntactecl. 2~ 28 4, _~err, z:s cr letters cf exemption from the U.S. Army 29 Czrps zf Engineers ACOE) anC the South Ficrz~a Water 30 Management 2'istris: SFWMD) snail be presented prior 31 :c final smte plan,ccns~ructlc. n ~ian apFrzval. 32 33 i, An ap.zropriate portion of native resetatilt snail be 34 retained on szte as required in Sez:zcn 2.~.f.~.4, cf 35 :he Land Deve!cpment 2ode. 36 ? (. An exc:z2 yeaeta:son removal, r. cnz:cr:n~, ~S mazn:enanze e:.:o:zz tree ~/ar. fzr ~9 e.-..lnasls :n a:eas :f re:soles La:z'.'e ':e~e:a:::n, shall =n :e summoires :1 :urrent ilannln: Envlrcnmenta_ Staff 41 fl: :ev:ew arts ap~rcva/prior :~ final s::e plan.' ~2 ::nstruz::on ~ian approval. A scnecuLe for exotic 43 vegeta:isn removal within all areas cf retained native ~ vegetation shall De submitted wmth the above meltjones ~5 Fiat. 46 ~E 17 FURTHE~ RESOLVED tha~ :his Rescl';Licn De recorded in :he 47 minutes zf :nzs 5carS. 49 50 51 ,--- 53 JAN 1 1999 Z-Z.~.F,Z ZY ZZNZ,*;5;- ZZLLZZF. 7SU,~T"_', _-'LZF, ZZ;-. JAN 12 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-20 The following facts are found: 1. Section 2.2.2.3.17 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ,~ No B. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~( No C. Affects neighboring properties in relation to noise, D. Compatibility with adjacent properties and other property in the district: Compatible use wi h'n district Yes ~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: ~{ 5tq% CHAI f/CU-98-20 FINDING OF FACT CHAIRMAN/ JAN 1 g '1999 EX_HIBIT "A" PARCEL 1: BEGL"N.~ING AT THE SOUTHEAST CORNER OF TPLE SOUTHEAST QUARTER CSE i.'4) OF ThE SOUTrI'~,'EST QUARTER (SW 1.'4) OF SECTION I7 AND THE NORTI~EAST COP~NER OF THDi NORTHEAST QUARTER t,'NE 1/4) OF THE NORTH~'EST QUARTER (NW !;4) OF SECTION 20 RUN NORTH ALONG THE EAST BOU,'NDARY LINE OF THE EAST HALF (E 1'2) OF TIDE SOUTHWEST QUARTER (SW 1,'4) (APPROXINIATELY N.00°36'45"E.) FOR 129,00 FEET TO A MARKER, BEING THE POINT OF BEGINNTNG, THENCE CONTINUE ALONG SAID EAST BOUNDARY LINE AT N.00°36'45"E. FOR 2551.34 FEET TO A CONCKETE MARKER~ SAM. E BEING THE NORTHEAST CORNtIER OF THE NORTHEAST QUARTER (NE 1/4) OF ~ SOUTH',VEST QUARTER (SW 1,'4) OF SECTION 17; THENCE W'IEST ALONG THE NORTH BOUNDARY LINE OF THE NORTHEAST QUARTER fINE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4), (APPROXhMATELY N.gg°44'00"W.), OF SECTION 17 FOR 1326.25 FEET TO A MARKER; THENCE SOUTH ALONG THE WEST BOUNDARY LINE OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4), (APPROXIMATELY S.00~35'20"W.) OF SECTION 17 FOR 1613.36 FEET TO MARKER, THENCE SOUTHEASTERLY (APPROXIMATELY S.53%0'50"E.) AND PARALLEL TO A4ND 400.00 FEET BY PERPENDICULAR NfEASUREMENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY 41 FOR 1642.7 FEET TO THE POINT OF BEGIN,~ING. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF ~ SOUTHEAST QUARTER (SE I/4) OF THE SOUTH'W'EST QUARTER (SW 1/4) OF SECTION 17 AND THE NORTHEAST CORNER OF THE NORT~DEAST QUARTER CN'E 1/4) OF THE NOR~ST QUARTER (NW 1/4) OF SECTiON 20 RUN NORTH ALONG THE EAST BOUNDARY LINE OF THE EAST HALF (E I/2) OF THE SOUTHW~EST QUARTER (SW 1/4) (APPROXIMATELY N.00°36'45"E.) FOR 129.00 FEET, MORE OR LESS, TO A MARKER, ~'%IENCE NORTH~,VESTERLY (APPROXIMATELY N.53%0'50"W.) ALONG A LINE PARALLEL TO AND 400 FEET BY PERPENDICULAR MEASUREMENT TO THE NORTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY 41 (TAMIAMI TRAIL) FOR A DISTANCE OF 816.00 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF AN EXISTING ROAD; WHICH BISECTS THE EAST HALF (E 1/2) OF THE WEST HALF FO SECTION 17, SAID POINT ON THE CENTER LINE OF SAID EXISTING ROAD BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG S~iID NORTHW'ESTERLY LINE FOR A DISTANCE OF 822.00 FEET, MORE OR LESS, UNTIL REACHING THE EAST BOUNDARY LINE OF THE SOUTHWEST QUARTER (SW 1,.'4) OF THE SOUTHW'EST QUARTER (SW 1/4) OF SECTION 17 (SAID NORTI-BVESTERLY LINE ABUTS THE SOUTHERLY BOUNDARY OF LAND, 63 ACES. MOKE OR LESS CONVEYED TO HENRY C. HLXSON BY DEED DATED J'UNE 9, 1976), THENCE SOUTH (APPROXIMATELY S.00°35'20"W.) ALONG SAID EAST BOUNDARY LINE FOR A DISTANCE OF 492.00 FEET, MORE OR LESS, UNTIL REACHING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF US HIGHWAY 41 (TAMIAMI TRAIL); THENCE SOUTH]EASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY (APPROXIMATELY S.53°40'50"E.) OF US HIGHWAY 41 FOR A DISTANCE OF 533.00 FEET, MORE OR LESS, TO THE CENTER LINE OF THE EXISTING ROAD WHERE IT INTERSECTS AND IS PERPENDICULAR TO US HIGHWAY 41; THENCE NORTHERLY (APPROXIMATELY N.36°I3'10"E.) ALONG THE CENTER LINE OF SAID ROAD FOR A DISTANCE OF 400.00 FEET TO THE POINT OF BEGFN'NING. __ __ EXHIBIT "B" JAN 12 ~999 PARCEL 3: A PARCEL OF LA.NI) LYING IN SECTION 17, TO~,~,.NSHiP f! SOUTH. K~NGE 27 EAST, COLLIER COL.~TT, FLOPdDA. ALSO BEING A PART OF LANDS DESCPdBED IN OFFICIAL RECORD BOOK 324. PAGE 1-19 OF THE PUBLIC KECOKDS OF COLLIER COL,'I','TY. FLORIDA. SAID PARCEL OF LAND BEING MOKE P.-'~.TICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWlEST QUARTER (SW 1/4) OF SAID SECTION 17; THENCE N.00~2?'26"E. ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER (SW 1/4) FOR A DISTANCE OF 128.90 FEET TO AN TNTEKSECTION WITH A LII',HE 400.00 FEET NORTHEASTERLY OF AS MEASURED AT RIGHT ANGLES TO AN PARALLEL \~ITH THE NORTHEASTERLY RIGHT-OF-VTAY LINE OF TAMIAM1 TLa, IL CUS HIGHW'AY 41, STATE ROAD 90); THENCE N.S4°ll'31"W. ALONG SAID PARALLEL LIIN'E FOR A DISTANCE OF 750.08 FEET; THENCE N.S4°2T01"W. CONTINUING ALONG SAID PARALLEL LINE FOR A DISTANCE OF 65.55 FEET TO AN INTERSECTION WITH THE CENTERLINE OF AN EXISTING ROAD; TI-fNCE S.35°37'59'W. ALONG SAID CENTERLINE FOR A DISTANCE OF 400.00 FEET TO AN INTERSECTION WITH 'THE SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF TAMIAMI TI:LAIL: THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-W'AY LINE FOR A DISTANCE OF 524.47 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE WlEST HALF OF THE SOUTt-IW"EST QUARTER (SW' 1/4) OF SAID SECTION 1'7, 'THE POINT OF BEGINNING OF ~ PARCEL OF LA~HD HEREIN BEEN'G DESCRIBED; THENCE N.S4°22'01"W. CONTINUrNG ALONG SAD NORTHEASTERLY RIGHT-OF-WAY LINE OF TANIiAMi TRALL FOR A DISTANCE OF 1106.30 FEET TO AN INTERSECTION WITH THE CENTERLINE OF AN EXISTING ROAD; THENCE N.3S°3?'S9'E. ALONG SAID CENTERLKNnE FOR A DISTANCE OF 402.60 FEET; THENCE S.89°30'23'E. FOR A DISTANCE OF 672.96 FEET TO AN INTERSECTION WITH THE AFORESAID EASTERLY LINE OF THE WEST HALF OF THE SOUTrtXVEST QUARTER (SW 1/4) OF SECTION 17; THENCE S.00°29'37"XV. ALONG SAID EASTERLY LINE FOR A DISTANCE OF 965.98 FEET TO THE POTNT O1= BEGTNNING- ABOVE SAID THKEE PARCELS OF LAND CONTAINING 82.48 ACRES, MORE OR LESS. P~,e2or2 JAN 1 1999 ........ ~pg. /Z// ~-- EXECUTIVE SUMMARY PETITION NO. PUD-98-15 WILLIAM HOOVER OF HOOVER PLANNING REPRESENTING JOHN MAURIEL, TRUSTEE, REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS MAURIEL PUD. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF CR. 951 APPROXIMATELY 700 FEET NORTH OF VANDERBILT BEACH ROAD EXTENSION CONSISTING OF 38.99 ACRES. OBJECTIVE: The petitioner seeks to have certain land herein described rezoned from its current zoning classification "A" Agricultural "PUD" Planned Unit Development for residential purposes. CONSIDERATIONS; The proposed Mauriel PUD lays out a development scheme consisting of 156 residential dwelling units with accessory recreation amenities, lakes and other open spaces on a total of 38.99 acres more or less. This will result in a density of four (4) dwelling units per acre which is consistent with the base density permitted by the density rating system. The PUD provides for all manner of housing structure types. This PUD will also allow Adult Living Facilities (ALF) and nursing homes as conditional uses. The proposed access is from CR. 951. The surrounding area is largely undeveloped and currently most surrounding properties are zoned at lower densities that range from 1 unit per five aces in the Agriculture District to 2.47 dwelling units per acre in the Vanderbit Pines PUD directly to the east and 3.04 units per acre in the Island Walk PUD to the west, while the Golden Pond PUD directly to the west across the road on CR. 951 was recently approved with 4 dwelling units per acre. It should be noted that Vanderbilt Pines is a golf course community and Island Walk contains significant water features resulting in a lower gross density. Golden Pond PUD which is a relatively small PUD was recently approved with 4 dwelling units per acre. The Collier County Planning Commission heard this petition on September 3, 1998 and by a 8-0 vote recommended approval. No one spoke in opposition to this petition at the CCPC meeting, and furthermore, staff has not received any correspondences objecting to the approval of this petition. Therefore this petition qualifies as a Summary Agenda Item. FISCAL IMPACT: This petition by and of itself, will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on the County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: This property is located within the Urban Residential Mixed Use designated area on the Future Land Use Map. A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The project density of 4 dwelling units per acre is consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density: 4 dwelling units per acre Maximum permitted density 4 dwelling units per acre The requested density of 4 units per acre is equal to that which the site is eligible to receive under the FLUE density rating system, therefore this petition is consistent with the density provisions of the Growth Management Plan (GMP). Traffic Circulation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1340 Weekday trips. The TIS indicates that the project trips will not exceed the significance test ( 5 percent of the LOS "C" design volume) on CR. 951 after trip assignments are made. In addition, this proposed residential development will not lower the level of service below the adopted LOS "D" standard. The Traffic Circulation Element (TCE) lists this segment of CR. 951 as a 2 lane arterial road. The current traffic count is 10696 PSDT and is operating at LOS "C". The TIS indicates that the proposed development is projected to be completed between 3 to 5 years. The site generated trips will not adversely impact any road segment operating below it's adopted level of service standard at the build-out of this PUD. Therefore, this petition is consistent with TCE policies. Conservation and Open Space: PUD development commitments provide open space consisting of at least sixty (60) percent of the gross land area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation area,, 2 JAN 1 re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. Utility and Water Management: Development of the land will proceed on the bases of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioners property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of County Commissioners approve PUD-98-15 as described by the Ordinance of Adoption and Exhibits thereto, and made a part of this Executive Summary submission. JAN I 2 1999 3 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER REVIEWED BY:rl RONALD F. NINO, AICP, MANAGER DATE CURRENT PLANNING SECTION -""' ROBERT J. MULHERE, AICP, DIRECTOR DATE PLANNING SERVICES APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JAN i g 1999 4 AGENDA ITEM 7-H MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: OCTOBER 20, 1998 RE: PETITION NO: PUD-98-15 OWNER/AGENT: Agent: William L. Hoover, AICP Hoover Planning 3785 Airport Road North Suite "B" Naples, FL. 34105 Owners: John Mauriel Jr. (50% ownership) 6566 France Ave. South "" Suite # 410 Edina, MN. 55435 Michael & Lorraine Felt (50% ownership) 363 Helen Way Livermore, CA. 94550 REQUESTED ACTION: This petition seeks to have certain land as herein described rezoned from its current zoning classification of "A" Agricultural to the "PUD" Planned Unit Development District. GEOGRAPHIC LOCATION: The subject property is located on the east of CR. 951, and approximately 700 feet north of Vanderbilt Beach Road in Section 35, Township 48 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The proposed Mauriel PUD lays out a development scheme consisting of 156 ---- residential dwelling units with accessory recreation amenities, lakes and other open spaces on a total of 38.99 acres more or less. This will result in a densit Of fef, ms(4~ dwelling units per acre which is consistent with the base density permitted r~y tll~' ~ ~ JAN 12 1999 density rating system. The PUD provides for all manner of housing structure types. This PUD will also allow Adult Living Facilities (ALF) and nursing homes as conditional uses. The proposed access is from CR. 951. SURROUNDING LAND USE AND ZONING: Existing: This land is undeveloped with site vegetation consisting of slash pine, cabbage palm, cypress trees and saw palmetto. This property is currently zoned "A" Agricultural. Surrounding: North - Landscape nursery business, zoned "A" Agricultural East - County water treatment Plant, zoned "A" Agricultural and Vanderbilt Pines Golf & country Club, zoned "PUD" South - Vacant, zoned "A" agricultural West - Canal, CR. 951 ROW, Golden Pond PUD, zoned "PUD" (residential) GROWTH MANAGEMENT PLAN CONSISTENCY: This property is located within the Urban Residential Mixed Use designated area on the Future Land Use Map. A consistency review analysis with applicable elements of the "" GMP is as follows: FLUE and Density: The project density of 4 dwelling units per acre is consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density: 4 dwelling units per acre Maximum permitted density 4 dwelling units per acre The requested density of 4 units per acre is equal to that which the site is eligible to receive under the FLUE density rating system, therefore this petition is consistent with the density provisions of the Growth management Plan (GMP). Traffic CirculatiOn element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 1340 Weekday trips. The TIS indicates that the project trips will not exceed the significance test ( 5 percent of the LOS "C" design volume) on CR. 951 after trip assignments are made. In addition, this proposed residential development will not lower the level of service below the adopted LOS "D" standard. The Traffic Circulation Element (TCE) lists this segment of CR. 951 as a 2 lane arterial road. The current traffic ----- count is 10696 PSDT and is operating at LOS "C". The TIS indicates that the proposed trips will not adversely impact any road segment operating i I JAN, -2- service standard at the build-out of this PUD. Therefore, this petition is consistent with TCE policies. Conservation and Open Space: PUD development commitments provide open space consisting of at least sixty (60) percent of the gross land area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. Utility and Water Management: Development of the land will proceed on the bases of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and they will be reviewed and approved as a function of obtaining subsequent development order approvals. The above prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. This petition was reviewed by the EAB on November 4, 1998 and they recommended approval. The comments and concerns of these reviewing agencies have helped to shape the content of the PUD Document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The list of criteria are specifically noted in Sectior~ and Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation JAN I 2 1995 -3- PgL.., ~ .... and comment, and shall be the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, nOn-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appropriate evaluation of decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Followings are staff findings for this PUD petition: RelatiOnShip to Future and Existing Land Uses: This refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As discussed above, The Future Land Use Plan acknowledges the entire area as an area where urban residential development is expected to occur. The PUD Master Plan iljustrate a residential development at a density of 4 units per acre which is consistent with the GMP. The surrounding area is largely undeveloped and currently most surrounding properties are zoned at lower densities that range from 1 unit per five aces in the Agriculture District to 2.47 dwelling units per acre in the Vanderbit Pines PUD directly to the east and 3.04 units per acre in the Island Walk PUD to the west, while the Golden Pond PUD directly to the west across the road on CR. 951 was recently approved with 4 dwelling units per acre. It should be noted that Vanderbilt Pines is a golf course community and Island Walk contains significant water features resulting in a lower gross density. Golden Pond PUD which is a relatively small PUD was recently approved with 4 dwelling units per acre. The preserve areas of this PUD encompass 18 acres. With landscape buffers and lakes this PUD will have 79 percent of the property allotted for open space. Development standards relative to each housing structure type are generally consistent with the standards for conventional residential zoning districts. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use and not --- necessarily just a density issue. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land ~ll be __p~. for urban residential purposes and in fact the subject property is adjacent to two approved residential projects. It is staff's opinion that the proposed density of 4 units per acre is compatible with the development trends in this area except as otherwise conditioned above. As noted above, the majority of the surrounding and nearby land is zoned Agricultural which is eligible to be rezoned to residential at a base density of 4 units per acre. Therefore, staff is supportive of the proposed residential PUD at a density of four (4) dwelling units per acre. The proposed use is compatible with dwelling types approved in the Vanderbilt Pines PUD to the east and The Golden Pond PUD to the west. Furthermore, the application of PUD development standards and architectural theme requirements should remove any perception that there are any incompatibility in dwelling types with adjacent land areas. Regarding the matter of timing, it should be appreciated that urban commercial development has been approved within the CR. 951 and Immokalee Road Activity Center and there are existing commercial facilities to the south on CR. 951. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE of the GMP. Traffic: The Traffic Impact Statement (TIS) classifies CR. 951 as an arterial road serving the local north/south traffic. The TIS indicates that 156 units will generate approximately 1340 trips on a weekday. The trip assignment in the TIS indicates that 75 percent will turn south onto CR. 951 while 25 will turn north. Based on this data, the number of vehicular trips generated by project will not exceed the significance test ( 5 percent of the LOS ,'C" design volume) on CR. 951. In addition, this segment will continue to operate at an acceptable level of service at the built-out of the project. However, intensifying traffic conditions may at times give rise to inconveniencing neighboring residents on this road segment even though the road will operate at acceptable levels. The Transportation Department has stipulated that both the northbound and southbound left turn lanes will be required. This project will be designed to account for the future four lane improvement to CR. 951. I nfrastructu re: The subject property is served by the County water and sewer system. However, Storm water management will be provided on site. Community Infrastructure and Service~: The subject property is readily accessible to a whole range of community infrastructure which is enhanced by its interface with CR. 951. Shopping centers, and medical offices of various specialties are all within a short driving distance to the south and north. PUD Document and Master Plan: i JAN 12 1999 ~ ~n. /6 ..=._ """ PUD DOcument: The Mauriel PUD Document is modeled after a County Planning Services model PUD Document. In terms of format, general provisions covering references to GMP and LDC. The PUD document provides the required format for addressing land uses and development standards and development commitments. The PUD contains all of the recommendations of reviewing staff and the EAB. The development standards regulating the placement of residential structures both for individual and multi-family development are similar to the standards commonly employed in other PUDs, which by actual development practice has produced aesthetically pleasing communities. The PUD also limits the building height to 35 feet for 2 story buildings and to 40 feet for three stow multi-family buildings. Master Plan: The Master Plan is designed around an entrance driveway which provides a connection to CR. 951. All committed road improvements shall be in place prior to the issuance of any Certificate of Occupancy for the project. STAFF RECOMMENDATION: Staff recommends that the CCPC recommend approval of Petition PUD-98-15 to the Board of County Commissioners subject to the approval conditions that have been · "" incorporated in the PUD Document and otherwise described by the Ordinance of Adoption and exhibits thereto. JAN i 2 1999 p~, // PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE PRINCIPAL PLANNER ~E IEW BY: F~( )NAL F. NINO, AICP, MANAGER DATE CURRENT PLANNING R~,AICP, DIRECTOR DATE PLANNING SERVICES COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: PUD-98-15 Staff Report for December 3, 1998 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: MICH~,~J. BRUET, CHAIRMAN JAN i g 1999 -'7- FINDINGS FOR PUD PUD-98-15 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. (iii) The subject property is served by a network of County roads, all of which are within the urbanized area providing easy access to a host of community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 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 expen..~e. " J/~N 1_ 2 1999 Pro/Con: Evaluation not applicable. Summary_ Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. PrO: The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. COn: None. Summary Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Mixed-Use - Urban Residential on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed of 4 units per acre. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as note below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Residential Den~;ity - Approval would authorize 156 dwelling units whose density would be 4 units per acre. This is consistent with the density rating system to the FLUE which allows up to 4 units per acre. Land Use - The urban residential Subdistrict allows all residential structure types and other uses normally found in a residential environment such as recreational accessory uses. Traffic Circulation Element - Analysis of the subject petition concluded with a finding that with development phasing this petition is consistent with the policies of the TCE. Recreation and Open Space Element- Sixty (60%) percent or mor~9 of area is to be developed as Open space consisting of a wetland area~s, lakes and landscape buffers. i' JAN 12 1999 This area is exclusive of the amount of open space that remains as each development parcel or tract is developed.. Said amount of open space is equal to the open space requirement of 60% for residential PUD's exclusive of that open space related to actual residential development. Other A.D.Dlicable Element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Golden Pond PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. 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. Summary_ Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary_ Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summary_ Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. (See Staff report) jAN 12 1999 L_.. Pg' F,_ 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. 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. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards 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 used for particular housing structures and associated area requirements. REZONE FINDINGS PETITION PUD-98-15 Section 2.7.2.5. 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 and Future Land Use Map and the elements of the Growth Management Plan. Pro: i. The proposed residential density of 4 dwelling units per acre is consistent with the Density rating System of the GMP that provides for a base density of 4 dwelling units per acre. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary_ Findings: The proposed development is in compliance with the Future land Use Element of the Growth Management Plan, 2. The existing land use pattern; Pr.O.: To the east this property borders Vanderbilt Pines PUD which allows 2.47 dwelling units per adre, to the west across from CR. 951 This property is adjacent to Golden Pond PUD, approved for 4 units per acre, while the Island Walk PUD (approximately 1 mile to the west) allows 3.14 units per acre. Co.n: The adjacent properties to the north and south are zoned Agriculture. This residential density is one unit per 5 acres. Summary_ Findings: Evaluation not applicable. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; I JAN l 2 1999 Pro: The proposed rezone is similar to the approved residential zoned Island Walk PUD and Golden Pond PUD to the west and the Vanderbilt Pines PUD to the east. Con: Evaluation not applicable. Summary_ FindingS: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because is located across CR. 951 from an approved residential zoned property. It is also consistent with expected land uses by virtue of its location within the "Urban Residential" area on the Future Land Use Element. 4. Whether existing district boundaries are illogically drawn in relation to '.existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findings: Land to the west is zoned PUD and approved with similar dwelling types at a density of 4 units per acre. In addition, the boundaries are logically drawn by virtue of the site's location within the "Urban Residential" area on the Future Land Use Element. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: 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 Growth Management Plan) is a positive one. COn: None. Summary Findings: Consistent with the Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) The Island Walk PUD and Golden Pond PUD to the west contain similar residential dwelling types while the property to the east is approved for single and multi-family dwellings. By virtue of this fact it is reasonable that one assume the potential for rezoning actions leading to additional residential units similar to the pr< pos.e~EfD,,5:~/_c zoning district. -JAN 12 1999 2 .... Pa. /g' (ii) Recommended mitigation actions made a condition of approval will go a long way towards off-setting any potential adverse influences on the residential communities in the area. Con: (i) The additional dwelling units could cause increased noise and traffic impacts on the nearby residences. However, due to the small size of the site and the proposed preserve and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary_ Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on an adjacent future residential area. 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: (i) An action to rezone the property as requested is consistent with all applicable traffic circulation elements. (ii) The property fronts directly on a public road thereby providing a immediate access to the arterial road network over which traffic from this residential development would be defused. Con: (i) Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the PUD. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone ,--- actions are subject to the Concurrency Management System. __ N~°S~ 8. Whether the proposed change will create a drainage problem; JAN l 2 1999 Pro: (i) The Land' Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: (i) Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. Summary 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 as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed residential development conforms to the similar residential development standards of the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary 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: Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the north and east sides. COn: None. Summary_ Findings: This iS a subjective determination based uporn ant~,ipaL~u results which may be internal or external to the subject property that' can affect = JAN 12 1999 p~. property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or 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. Summary_ Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterfence to improvement 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. Summary Findings: The proposed PUD complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said 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/Con: Evaluation not applicable. Summary_ Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; '~~ PrO: The proposed development complies with the GMP. 5 jAN 12 1999 Con: Evaluation not applicable. Summary_ Findings: A policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary_ Findings: There are many sites which are zoned to accommodate - the proposed residential 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/Con: Evaluation not applicable. Summary FindingS;: Physical alteration is a product of developing vacant land which cannot be avoided. 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. Summary_ Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. jAN I 2 1999 6 ORDINANCE NO. }8- 4 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE 5 COLLIER COUNTY LAND DEVELOPMENT CSEE WHICH 6 iNCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR ? THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA s BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9 863536; BY CHANGING THE ZONING CLASSIFICATION OF z0 THE HEREIN DESCRIBED REAL PROPERTY FROM "A" n AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT 12 KNOWN AS "MiURIEL" FOR RESIDENTIAL/MULTI-FAMILY 13 USES, ADULT LIVING FACILITIES/NURSING HOME FOR 14 PROPERTY LOCATED ON THE EAST SIDE OF C.R. 951, 15 NORTH OF THE INTERSECTION BETWEEN C.R. 951 AND i6 VANDERBILT BEACH ROAD (C.R. 862) IN SECTION 35, 17 TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, is FLORIDA, CONSISTING OF 38.99 ACRES; AND BY 19 PROVIDING AN EFFECTIVE DATE. 20 21 WHEREAS, William L. Hoover, AICP, of Hoover Planning, 22 representing John j. Maur!ei, jr., Trustee, Fetitioned the Board 23 of County Commissioners no cnanse Ihe zoning classification of 24 the herein described real property; 2B NOW, THEREFORE BE IT ORDAINED by the Board of County 26 Commissioners of Collier County, Florida: 27 SECTION ONE: 28 The zoning classification of the herein described real 29 property located in Section 35, Township 48 South, Range 26 East, 30 Collier County, Florida, is changed from "A" Agriculture to "PUD" 31 Planned Unit Development in accordance with the "Mauriel" PUD 32 Document, attached hereto as Exhibit "A" and incorporated by 33 reference herein. The Official Zoning Atlas Map Number 863536, as 34 described in Ordinance Number 91-102, the Ccl!ier County Land 35 Development Code, is hereby amende~ accordingly. 36 SECTION TWO: 37 This Ordinance shall become effective upon filing with the 38 Department cf State. 39 40 41 42 ~ 43 J A 1 1999 -1- i PASSED AND DUlY AEOPTED by nhe RoarC of CcunEy ComMissioners 2 of Collier CcunEy, Florida, ibis __ day of , 3 1998. 4 5 BOARD OF COUNTY COMMISSIONERS 6 COLLIER COUNTY, FLORIDA 7 8 9 ATTEST: io BY: ll BARBARA B. BERRY, Chairman 12 DWIGHT E. BROCK, Clerk 13 14 15 16 Approved as to Form 17 and Legal Sufficiency 18 19 21 Marjc~ie M. Studenn 22 Assiszant County A~tcrne'f 23 24 PUD-98-!50RDIN~CE/ 25 26 I jAN 12 1999 -2- 1 pg. ,.,~'z./ MAUBIEL PUll A PLANNEB UNIT DEVELGPMENT PREPARED FOR: JOHN J. MAURIEL JR., TRUSTEE 6566 FRANCE AVENUE S. #.410 EDINA, MN 55435 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING 3785 AIRPORT ROAD N., SUITE B NAPLES, FL 34105 and BEAU KEENE, P.E. KEENE ENGINEERING 3785 AIRPORT ROAD N., SUITE D NAPLES, FL 34105 DATE FILED AUGUST 19, 1998 DATE REVISED NOVEMBER 16, 1998 /~---- DATE REVIEWED BY CCPC DATE APPROVED BY BCC , ORDINANCE NUMBER EXHIBIT "A" JAN 12 1999 TABLE OF CONTENTS PAGE TABLE OF CONTENTS i LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5 'SECTION III RESIDENTIAL AREAS PLAN 8 SECTION IV DEVELOPMENT COMMITMENTS 13 JAN 12 1999 ~Pg. ~---~ __---- LIST OF EXHIBITS EXHIBIT "A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT PLAN ! iii I t JAN I 2 1999 STATEMENT OF COMPLIANCE The development of approximately 38.99+_ acres of property in Collier County, as a Planned Unit Development to be known as Mauriel PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Mauriel PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following roasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 4. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1 .H and 3.1 .L of the Future Land Use Element. 5. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 6. The project is located within the Urban Residential Mixed Use. The projected density of 4.00 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density 4 dwellinq units/acre Maximum Permitted Density 4 dwelling units/acre 7. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. JAN 12 1999 pg. c,~OG' SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Mauriel PUD. 1.2 LEGAL DESCRIPTION The subject property being 38.99+ acres, is located in Section 35, Township 48 South, Range 26 East, and is fully described as: The North half of the Southwest quarter of the Southwest quarter of Section 35, Township 48 South, Range 26 East, Collier County, Florida, less and except the West 100 feet thereof, previously conveyed for a road and canal right-of-way. The North half of the Southeast quarter of the Southwest quarter of Section 35, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public mad right-of-way over and across the East 30 feet thereof. 1.3 PROPERTY OWNERSHIP The subject property is owned by a land trust: John J. Mauriel Jr., Trustee, 6566 France Avenue South #410, Edina, Minnesota 55435 (50% ownership) and Michael and Lorraine Feit, 363 Helen Way, Livermore, California 94550 (50% ownership). 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the east side of C.R. 951, approximately 700 feet north of Vanderbilt Beach Road (unincorporated Collier County), Florida. B. The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. JAN 12 1999 1.5 PHYSICAL DESCRIPTION The project site is primarily located within the 951 Canal North Drainage Basin according to the Collier County Drainage Atlas; the eastern portion of the site is located within the Cypress Canal Drainage Basin. The proposed outfall for the project is the CR-951 roadside ditch located at the west property line of the project. Natural ground elevation varies from 12.0 NGVD within the onsite wetland areas to 13.0 NGVD at the CP,-951 right-of-way line constituting the west property line; average site elevation is 12.4 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the project proposes the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site lake system prior to discharge to the wetland preserve areas. The water management system will be permitted by South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.04 cfs/acre; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil type found within the limits of the property is predominately #2 - Holopaw Fine Sand, Limestone Substratum with a small area of #10 - Oldsmar Fine Sand at the extreme eastern portion of the site. The site vegetation consists primarily of slash pine, cabbage palm, and Cypress trees with upland areas of Slash Pine and Saw Palmetto. Due to artificial lowering of the water table by the CP,-951 canal, grape vine and poison ivy groundcover have infested the site. 1.6 PROJECT DESCRIPTION The Mauriel PUD is a project composed of a maximum of 156 residential units. These residential units are projected to be developed as multi-family homes consisting of: carriage homes or coach homes. Up to 15 acres of the project may be developed for adult living facilities and/or nursing homes, with approval of a Conditional Use Petition. For each acre allocated for development of the adult living facilities and/or nursing homes, 4 units shall be subtracted from the 156 I ! JAN 12 1999 residential units permitted within this PUD. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Mauriel Planned Unit Development Ordinance". SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Mauriel PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. 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 in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Mauriel PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waived through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. JAN 12 1999 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 156 dwelling units shall be constructed in the residential areas of the project. The gross project area is 38.99+ acres. The gross project density shall be a maximum of 4.0 units per acre. Up to 15 acres of the project may be developed for adult living facilities and/or nursing homes, with approval of a Conditional Use Petition. For each acre allocated for development of the adult living facilities and/or nursing homes, 4 units shall be subtracted from the 156 residential units permitted within this PUD. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are iljustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the Land Development Code. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL f NAGE I M JAN i 2 1999 The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code. whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. JAN i 2 1999 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 156 units. Up to 15 acres of the project may be developed for adult living facilities and/or nursing homes, with approval of a Conditional Use Petition. For each acre allocated for development of the adult living facilities and/or nursing homes, 4 dwelling units shall be subtracted from the 156 residential units permitted within this PUD. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings and duplexes. 3. Multi-family dwellings (includes townhouses, garden apartments, villas, coach homes, and carriage homes). 4. Any other use deemed comparable in nature by the Development Services Director. B. Permitted Accesson/Uses and Structures: 1. Customan/accesson/uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's playground areas, tot lots, boat JAN 12 1999 docks, walking paths, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities, including such facilities within any Native Habitat Preserve Areas. 7. Recreational facilities, such as boardwalks, walking paths and picnic areas, within any Natural Habitat Preserve Areas, after the appropriate environmental review. 8. Supplemental landscape planting within Natural Habitat Preserve Areas, after the appropriate environmental review. 9. Any other accessory use deemed comparable by the Development Services Director. 10. Carports are permitted within parking areas. 11. Garages are permitted at the edge of vehicular pavement. C. Conditional Uses and Structures: 1. Adult living facilities and nursing homes. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Mauriel PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel 9 JAN i :~ 1999 is served by a platted private drive, the setback is measured from the road easement or property line. JAN 12 1999 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE-FAMILY TWO-FAMILY MULTI-FAMILY & A.L.F. OR NURSING HOMES Minimum Lot Area (per unit) 7,000 Sq. Ft. 5,000 Sq. Ft. NA for M/F & 0.45 FAR for ALF Minimum Lot Width 60' Intedor Lots (1) 90' Interior Lots (1) NA (45')(2) 70' Comer Lots 110' Comer Lots NA (55')(2) Front Yard Setback 25' 20' 20' Side Yard Setback 1 Story 0' & 10' or both 5' 0' & 10' or both 5' 7.5' or 1/2 BH 2 Story 0' & 15' or both 7,5' 0' & 15' or both 7,5' 10' or 1/2 BH 3 Story NA NA 12,5' or 1/2 BH Rear Yard Setback Principal Structure 20' 20' 20' Accessory Structure 10' 10' 10' PUD Boundary Setback Principal Structure NA NA 20' or BH Accessory Structure NA NA 10' Lake Setback (3) 20' 20' 20' Preserve Area Setback 25' 25' 25' Distance Between Structures Main/Principal 1-Story 10' 10' 15' or 1/2 SBH 2-Story 15' 15' 20' or 1/2 SBH 3-Story NA NA 25' or 1/2 SBH Accessory Structures 10' 10' 10' Maximum Height: Principal Building 35' and 2 stodes 35' and 2 stodes 40' and 3 stories Accessory Building 20'/Clubhouse 35' 20'/Clubhouse 35' 20'/Clubhouse 35' Minimum Floor Area 1200 Sq, Ft, 1100 Sq, Ft, 1 bedroom = 700 Sq,Ft,/2 Bedroom = 900 Sq,Ft,/3 Bed- room '- 1100 Sq, Ft, for M/F & NA for ALF Minimum carport or garage 2 car garage 1 car garage I carport space or 1 car garage. per unit FOR M/F & NA for ALF (1) May be reduced on cul--de-sac lots, (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot, (3) Lake setbacks are measured from the control elevation established for the lake, JAN 1 :~ 1999 B. Off-Street Parking and Loading Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. C. Open Space/Natural Habitat Preserve Area Requirements: 1. A minimum of Sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site. 2. A minimum of twenty-five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the Land Development Code. D. Landscaping and Buffering Requirements: 1. If landscape buffers are determined to be necessary adjacent to --- wetland preserve areas, they shall be separate from those preserve areas. 2. Where two separate two-family or multi-family projects within the PUD abut each other, buffering and screening between them shall not be necessary, due to the unified architectural theme throughout the entire PUD, as described within Section 3.4E. of this PUD Document. Where a single-family or two-family project within the PUD abuts a multi-family project within the PUD, a ten (10) foot buffer shall be provided between them on the first project constructed, with trees provided at twenty-five (25) feet on center and a single hedge also provided within such buffer. Such trees and shrubs shall meet the standards for plantings, as described within Section 2.4.4 Plant Material Standards and Installation Standards, of the Land Development Code. E. Architectural Standards 1. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. Within any multi-family project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single-family or two-family project all roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally-designed shingles (such as Timberline). 2. All pole lighting, internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet. F. Si.qns Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, G. Density Density shall not exceed 4 units per acre over the entire project. No platted tract or condominium tract shall have a density greater than 12 units per acre except the density of development for an Adult Living Facility shall be established at the floor area ratio allowed by the Land Development Code. JAN 12 1999 SECTION N DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 4.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 4.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any sub.sequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. j A N i 2 1999 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in one (1) or two (2) phases. A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitorin,q Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 4.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. 4.6 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit Application shall be sent to Collier County Development Services with the SDP submittal. B. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit shall be submitted prior to Final Site Development Plan Approval. C. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. D. Lake setbacks from the perimeter of the PUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. 4.7 UTILITIES JAN 12 1999 A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 4.8 TRAFFIC A. The applicant shall be responsible for the installation of arterial level street lighting at the project entrance onto C.R. 951, prior to the issuance of any Certificates of Occupancy or Compliance. B. Drainage shall not be permitted to discharge directly into any roadway drainage system. C. Turn lanes, both northbound and southbound, shall be required by the developer prior to the issuance of a Vegetation Clearing Permit or any other development permit. Such turn lanes shall be designed to provide capacity for the ultimate project traffic. All turn lane construction shall be in place prior to any on-site development or building construction. ~" D. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. 4.9 PLANNING A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 4.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. JAN 1 ~ 1999 B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. Buffers shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Development Plan/Construction Plan approval. 17 ,jAN 12 1999 -%---~ .... ,,f.~,_. - - '" ' "ZZZZZZZSZZZ ZEZZ Z~-ZZZ~'Z-'--'4.-'--].......... -~, ~-..~-. :...~____~ .: ,, ~ ~ ...~, [' ! ~ 'b'~:'l~ ' il.;''~" -:- · it...-' ~,. ,'-- · I ~, - '~l._~ ~,, _ ,~ :/....ii tj ;It'. ii, -~,~ ". ~ ~ - .. ~ii -; ~ L,\, ,':,-,~ , 'l ~,~!-"-' L % % % % '~ ]:~,i n ~'~ "':' ~ I - il % % % · % %% 1% :.I i.[t ~"'jl' ' ' ' 'i~ ij i: "''4'i il]i,-i'~-,~---'-';-'----'---, :~: -:'°~~'"'~""":i',, "' ~'-"i' -.':' ,-. j KF'F'I~ ENGI~G -~-~ ,, ' CONm,~Vu~t~, IrA'TIll N&MAGW, MI~f ~ ,-,__.l.~w_._._AA .. JAN 1 g 1999 COLLIER COUNTY APPLICATION FOR PUD REZONE 'I~.~ - PETITION NO. :" ~' "' C..~? 'L 'i~'L~ COORDINATING PLANNER: DATE RECEIVED '~ Address: 3785 A~on Road Nonk Suite B, Naples, FL 34105 Phone: 403-8899 F~: 403-9009 Property Owner (Petitioner) Name and Address: John J. Mauriel Jr., Trustee, 6566 France ,Avenue South, Apartment #410, Edina, MN 55435 Phone: c/o Joe Hovland 594-7777 Detailed Legal Description of Subject Property: Section 35 Township 48S Range 26E The North half of the Southwest quarter of the Southwest quarter of Section 35, Township 48 South, Range 26 East, Collier County, Florida, less and except the West 100 feet thereof, previously conveyed for a road and canal right-of-way and The North half of the Southeast quarter of the Southwest quarter of Section 35, Township _48 South, Range 26 East, Collier County_., Florida; subject to an easement for public road right-of-way over and across the East 30 feet thereof. Subject to restrictions and easements common to the subdivision. prior reservation of oil. gas and mineral fights and ad valorera taxes for the calendar year 1988. Property Identification #: 00206040000 and 00206200002 Size of Property: 660 Feet x 2544 Feet = 38.99+ Acres General Location of Subject P.roperty: On the east side of C.R. 951. approximately 700 feet north of the intersection between C.R. 951 and Vanderbilt Beach Road. Adjacent Zoning and Land Use: ZONING LAND USE N - Agricultural Landscape Nursery with Buildings. S - Agricultural &ROW Vacant Wooded Land then Vanderbilt Beach Road. E - .A. gricultural/Vanderbilt New Golf Course &County Pines PUD Water Treatment Plant. W - Canal/Road ROW & Canal then C.R. 951 then ""~ Golden Pond PUD Residential PUD at 4 units/acre No jAN 12 1999 po. 4,'g Existing Zoning: Agricultural. Proposed Land Use or Range of Uses: PUD with Permitted Uses of 1 to 3-Story coach homes, attached villas/patio homes, townhouses, condominiums, and single-family homes. Also adult living facilities/nursing homes, via approval of a Conditional Use Petition. Does Property Owner own contiguous property to the subject property: If so, give complete legal description of the entire contiguous property: No. Has a public hearing Ibr a rezone been held on this property within the past 12 months? If yes, please write the rezone application number. No. Is this property currently vacant? Yes. If the answer is no please describe the current land use and all existing structures. Signature of Petitioner Date * If petitioner is a corporation other than a public corporations, so indicate and name officers and major stockholders. * If petitioner is a land trust, so indicate and name beneficiaries. * If petitioner is a partnership, limited partnership or other business entity, so indicate and name principals. * If petitioner is a leasee, attach copy of lease, and indicate actual owners if not indicated on the lease. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. The property is titled as a land trust in the estate of John J. Mauriel, Sr. John J. Mauriel, Jr. has been appointed personal representative of the estate and is also the applicant. Beneficiaries of the trust include: John J. Mauriel, Jr., 6566 France Avenue South #410, Edina, Minnesota 55435 (50%) and Michael and Lorraine Feit, 363 Helen Way, Livermore, California 94550 (50%). See attached deeds and Letter of Administration from the Circuit Court for Collier County,, Florida. JAN 12 1999 THIS~INDENTURE, made this 12th day of Auqust, 1988 by and WHIT~Y S. WARD and JOAN S. WARD, of the County of Collier, State of Florida, grantor, and JOHN J. MAURIEL, SR., AS TRUSTEE whose post office ~ddress is: 3133 Riviera Drive - Naples, Florida 33962 of ~e County of Collier State of Florida grantee, WITNESSETH: That said grantor, for and in consideration of the sum of ********THREE HUNDRED SEVENTY-FIVE THOUSAND AND 00/100THE******** and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and gr~ntee's heirs .and assigns forever, the following described land, situate, lyf~g ~d being in Collier County, Florid,~, to-wit: .~ ~" The North 1/2 of the Southwest 1/4 of the Southwest 1/4 [::~ of Section 35, Township 48 South, Range 26 East, Collier County, Florida, less and except the ~est 100 feet thereof ~ previously conveyed for a road and canal right-of-way and .~.'.!!!~ The Horth Z/2 o~ the Southeast l/~ of the Southwest l/~ ~2~ of Section 35, Township 48 South, Range 26 East; Collier County, Florida; subject to an easement for public road i ~.~ .Jz~ right-of-way over and across the East 30 feet thereof. Subject to restrictions and easements common to the sub- division, prior reservatio~ of oil, gas and mineral rights , and ad valorem taxes for the calendar year 1988 .... -. and said grantor does hereby fully warrant the title to sai~ land, and will defend the same against the lawful claims of all " persons whomsoever. Grantors hereby warrant, ratify and affirm, under penalty of perjury, that the foregoing lands are vacant, unimproved real estate, and that said lands are not the homestead of the grantors. ,"Grantor'~ and "grantee" are used for singular or plural, as context requires. Suite 302 Page 1 of 2 Pages 1 ~o s~,. ~,.o so.,~. ! jAN 12 1999 ~apl~, Florida 339~ IN WITNESS NHEREOF, Grantor has hornunto sot grantor'n hand and seal tho ~ay and year first above written. Signe~, and delivered · ~,~ ' W~ Whitley ~. Ward, IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA COUNTY OF COLLIER ,, I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgmentS, personally appeared WHITLEY S. W~D, to me known to be the persons describ ' nd who '- executed the foregoing instrument and ackn before. me that he executed the same. ~., last aforesaid thms 12th day o (NOTARY SEAL) September 2, 1988 STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared JOAN S. WARD to me known to be the persons described in and who executed the foregoing instrument and ackno ~ged e fore me that she executed the same. :k~(~~ . WITNESS my hand and officiOeel in th Cou y ~n~J...~ate ~embe~ 2, 19S~ ' $ IN TIlE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA IN RE: ESTATE OF PROBATE DIVISION Deccased. .. tErroRs oF A,>nNISTRA'rION ' TO ALL x, VHO.N'I IT I'dAY CONCERN ,-.z.. ' WHE~AS, John J. Mam~el, Sr., a resident of Collier Co~W, Florida, died on Ju1~t:996, o~ng ~se~ ~ ~e State of Florida, and 5.' ~AS, JoM J. Mabel, Jr. has been appointed personal representative of ~e estate ~d h~ ~ peffo~ed ~1 ac~ prereq~site to iss~ce of Le~ers of A&ai:~s~ation h ~e estate, .. NOW THEREFORE, I, the undersigned circuit judge, declare Jolm J. MaurieI, Jr. duly qualified under the laws of the State of Florida to act as personal representative of the estate of John J. Mattriel, St., deceased, with full power to adaninister the estate according to law; to ask, demand, sue for, recover and receive propert>' of the decedent; to pay the debts of the decedent as far as the assets of the estate xdll .. permit and law directs; and to make distribution of the estate according to law. ORDERFDon .__~d~t ~[ ~ , 1996. Circuit Judge 208401B OR: 2-212 08[01[96 at 02:I8P[ D~IGHT g, BROCI, CLHR~ jAN ~S cr, -~' '~ -' >- I, JOHN J. MAURIEL, SR., of the County of Collier, State '-: of Florida, being of sound mind and disposing memory, do make, publish and declare this as and for my Last Will and Testament, hereby revoking any prior Wills or writing of a testamentary nature heretofore made by me. FIRST: I give the sum of $600,000.00 to my children, JOHN J. MAURIEL, JR. and LORRAINE FEIT, to be divided equally between them. SECOND: After the payment of all debts chargeable to my estate, I give the rest, residue, and remainder of my estate to my spouse, ROSEMARY MAURIEL. If, however, my spouse does not survive ~ me, I give the rest, residue, and remainder of my estate to my ..~' .. children, JOHN J. MAURIEL, JR. and LORRAINE FEIT, to be be divided equally. THREE: I nominate my spouse, ROSEMARY MAURIEL, to serve as Personal Representative of my estate. If my spouse does not serve, I nominate my son, JOHN J. MAURIEL, JR.. In either event, : I waive bond, and I grant my Personal Representative the general power to sell any asset of my estate, whether real or personal, without the requirement of court application, confirmation, or approval. " IN WITNESS WHEREOF, I have hereunto set my hand and seal this the 8TH day of ~RCH , 1990. j~-~:' ; ./~/OHN J.'~LAURIEL, SR. The foregoing instrument was signed, sealed, and decZared by JOHN J. MAURIEL, SR., as and for his Last Will and Tes::ament, in the presence of us, the undersigned, who, at his special instance and request, do attest as witnesses, after the said Testator has signed his name thereto, in his JAN 1 presence and in the presence of each other, this the day of ~iARCH , 1990. "' Pg. *** 0R: 2212 PG: 22431 '" WITNESS t'r~ !i WITNESS STATE OF FLORIDA COUNTY OF COLLIER ~ We, the undersigned, being the Testator and the j"~~' witnesses, respectively, whose names are signed to the foreg6tng~ · ~ ~ instrument, having been sworn, declared to the undersigned offi~6~2 i! that the Testator, in the presence of witnesses, signed the ~ instrument as his Last Will, and that he signed, and that each 9f :~{. ~ the witnesses, in the presence of the Testator and in the ~ of each other, signed the Will as a witness. a , SR., . l'r . ~;=~- ~; ~ ... ' WI~ESS - SUBSCRIBED, sworn to and acknowledged before me by ~.~. ~ the for~oing Testator, JO~ J. MAURIEL, SR., and witnesses, ' ~: ~ on the ~ day of ~T~h , 1990. .. ,..... · .¥ ~ My Co~ission Expires: ~" ~.~ · ,, ~: ~'. EXECUTIVE SUMMARY PETITION NO. CU-98-21 BRUCE J. SICILIANO, AICP, OF AGNOLI, BARBER & BRUNDAGE, INC., REPRESENTING NORTH NAPLES BAPTIST CHURCH, REQUESTING CONDITIONAL USE "1" OF THE "E" ZONING DISTRICT FOR A CHURCH EXPANSION FOR PROPERTY LOCATED ON THE WEST SIDE OF OAKES BOULEVARD BETWEEN VANDERBILT BEACH ROAD AND IMMOKALEE ROAD FLIRTHER DESCRIBED AS TRACT 7, GOLDEN GATE ESTATES UNIT 97, IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner seeks approval of a conditional use to expand an existing church which was originally constructed in 1986, to add classrooms, additional seats, offices, and a fellowship hall. The property is located in an "E" Estates zoning district. CONSIDERATIONS: The petitioner seeks the establishment of conditional use approval for an existing 8,496 square feet church sanctuary which now serves 215 members; to expand the existing parsonage by 39,504 square feet (8,496 square feet less than the 48,000 square feet presented at the Planning Commission heating) and to construct a new sanctuary with a total of 650 seats, additional parking area, classrooms, offices and a fellowship hall. There will be no daycare or school use on the site. At buildout, the site will house a 48,000 square foot structure and 286 parking spaces. An additional access point ~'om NW 18th Avenue is proposed, approximately 470 feet west of the existing edge of pavement of Oakes Boulevard and 190 feet west of the existing entrance off of NW 18th Avenue. The required parking area will surround the building on four (4) sides. The submitted site plan indicates that there is a proposed recreation area located in the noahwest comer of the site, abutting the native preserve area and the canal which runs the length of the rear property line from north to south. PROS/CONS: The list below comains a summary of the evaluation of the criteria which are specifically noted in Section 2.7.4.4. of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS: The east and south sides of the property are separated from existing residential structures by road right-of-way (Oakes Boulevard to the east and NW 18th Avenue to the south) and an existing landscape buffer along the south property line. The front of the existing building is located adjacent to Oakes Boulevard. JAN 12 1999 ........ CONS: There is an existing single family residential dwelling unit which overlooks the site to the north. There is an existing stand of native palm trees at the southeast comer of the site which helps buffer the front of the building from the residential dwelling units to the south. However, according to the submitted site plan, these trees will eventually be removed and replaced with parking area. There is little native vegetation on the site which supplements the required existing landscape buffers, with the exception of the rear of the site which is heavily wooded. The expansion of the existing site has the potential to most directly affect the single family residential structure to the north and somewhat the single family structure to the south, although the NW 18th street right-of-way and the location of the structure on its lot, mitigate, somewhat, the impact on the residence to the south. FISCAL IMPACT: This conditional use request by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Future Land Use Element: The subject site is designated Golden Gate Estates/Mixed Use residential on the Future Land Use Map of the Growth Management Plan. This district permits residential and non-residential uses, including recreation and open space type of uses. The Land Development Code establishes a procedure which may result in approving a development order for churches facilities in Estates zoned districts. To that extent this petition is consistent with the FLUE. Traffic Circulation Element: The trips generated by the church on a Sunday will be approximately 1,128 trips. Weekday trips will be approximately 413 trips per weekday. Based on this data, the site generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Oakes Boulevard. However, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Fraffic ""' Circulation Element (TCE). The TCE lists this segment of Oakes Boulevard as a JAN 12 1999 pg. {2~ road. The traffic count is 5,935 AADT and is operating at LOS "C". It should be noted that this segment is not projected to be deficient at the build out of this project. The proposed project is consistent with Policies 5.1 and 5.2 of the Traffic Circulation Element (TCE) of the Growth Management Plan. HISTORIC/ARCHAEOI.OGICAL INIPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referencc,,.': on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING CONIM1SSION RECOMMENDATION: At the December 17, 1998 Planning Commission meeling, a motion was made to forward a recommendation of approval to the Board of County Commissioners for the requested conditional use, subject to the stipulations in the resolution of adoption. The motion was approved unanimously. PREPARED BY: , //SUSAN MLt~Y, AICP 'r' DATE CHIEF PLA~ER REVI E XVE D 'BY: ~ONA~ ~. ~ MANAGER DATE C~gENT PLANN~G SECTION ., LHERE, A]CP, DIRECTdR DATE PL,~G SERVICES DEP~TMENT APP ~ BY: d'. VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNl l'Y DEVELOPMENT & ENV. SVCS. DIVISION Petition Number: CU-98-21, North Naples Baptist Church NOTE: This Peti~'i<.,n has been tentatively advertised for the January 12, 1999 BCC .._., meeting. JAN 12 ]999 AGENDA ITEM 7-1 MENIOR:~NDUM TO: COLLIER COUNTY PLAN~41NG COMMISSION FRO~I: CONIMqJNITY DEVELOPMENT & ENVIRONqVIENTAL SERVICES DIVISION DATE: NOVEMBER 30, 1998 RE: PETITION NO: CU-98-21, NORTH NAPLES BAPTIST CHURCH AGENT/Ox, VNER: Agent: Mr. Bruce Siciliano, AICP Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North Naples, FL 34108 Owner: North Naples Baptist Church "' 1811 Oakes Boulevard Naples, FL 34119 REQUESTED .ACTION: The petitioner seeks approval of a conditional use to expand an existing church which was originally constructed in 1986, to add classrooms, additional seats, offices, and a fellowship hall. The property is located in an "E" Estates zoning district. GEOGRAPHIC LOCATION: The subject propert>, is located on the xvest side ofOakes Bou!evard, south of the intersection of Immokalee Road, at the northwest corner of!be' intersection of NW 18th Avenue (see attached location map), Access to the site is pre', .4ed by two (2) driveways one off of Oakes Boulevard and one off ofNW 18m Avenue. The site is currently developed with a 8,496 square feet church. JAN 12 1999 l JAN '~999 PURPOSE;DESCRIPTION OF PROJECT: The petitioner seeks the establishment of conditional t:se approval for an exisling 8,496 square feet church sanctuary which now se~'es 215 members; to expand the existing parsonage by 48,000 square feet and to construct a new sanctuary with a total of 650 seats, additional parking area, classrooms, offices and a fellowship hall. There will be no daycare or school use on the site. At buildout, the site will house a 56,496 square foot structure and 286 parking spaces. An additional access point from NW 18m Avenue is proposed, approximately 470 feet west of the existing edge of pavement of Oakes Boulevard and ~90 feet west of the existing entrance off of NW 18th Avenue. The required parkir,~ area will surround the building on four (4) sides. The submitted site plan indicates that tl',ere is a proposed recreation area localed in the northwest comer of the site, abutting the n~:~i... e preserve area and the canal which runs the length of the rear propert>.' line from north to south. SURROUNDING L.~ND USE AND ZONING: Existing: The eastern half of the subject site is presently developed with an existing 8,496 square foot church sanctuary building, and a paved parking lot on the north, west and south sides of the existing church. A portion of the site along the western properly line houses an open space area for recreation. Surrounding: North- Single fmnily residential; Estates (E) zoning district. South- NW 18' Ave.; Single family residential, Estates (E) zoning district. East-Oakes Boulevard fight-of-way. West-Canal; Estates (E) zoning district. GROXVlH MANAGEMENT PL.,~N' CONSISIENCY: The subject site lies within'the Urban Residential designated area on the Future Land Use Map. This land use classification provides for the total range of housing structure types and land 2ses ~:!:nerally found in residential neighborhoods v 1'~ich also includes churches. The Land Development Code establishes a procedure which may result in approving a development order for churches in resid!:ntially zoned districts. Consistency relationships wilh applicable elements of the Corr~pre-:iensive Plan are as follows: Future Land Use Element: The property lies within the Urban Residential designated area on the Future Land Use Map to the Future Land Use Element (FLUE). Thi~ land use classification provides for the total range of housing structure types and land uses generally found in residential neighborhoods, including churches. The ]/..and Development Code establishes a > ce~~ ro which may result in approving a development order for churches in residenttall' zoned JAN ! 2 1999 2 districts. To that extent this petition is consistent with the FLLE. Other consistency relationships are as follows: Traffic Circulation Element: The trips generated by the church on a Sunday will be approximately 1,128 trips. \X/ eekday trips will be approximately 413 trips per weekday. Based on this data, the site generated traffic exceeds the significance test standard (5 percent of the LOS "C" design volume) on Oakes Boulevard. However, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consislent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists this segment of Oakes Boulevard as a 2-lane road. The traffic count is 5,935 AADT and is operating at LOS "C". It should be noted that this segment is not projected to be deficient at the build out of this project. The proposed project is consistent with Policies 5.1 and 5.2 of the Traffic Circulation Element (TCE) of the Growth Management Plan. _O__t_her Applicable Element: Other applicable elements are those b,pically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan. Ill STOR1 C/ARCHAEOLOGICAL I~IPACT: StafFs analysis indicates that the petitioner's properr>, is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no HistoricaFArchaeological Surx;ey and Assessment is required. EVALUATION FOR ENVIRON~ENTAL, TRANSPORTATION AND INFRASTRUCIURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. CRITERIA EVALUATION: The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the gpac~~___ the proposed land use change, be they positive or negative, culminating in a st~ ~ JAN 12 1999 3 recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff Staff review of each of the criterion is followed by a summary, conclusion culminating in a deterrnination of compliance, non-compliance, or compliance with mitigation. CONDITIONAL USE: a. Consistency with the Land Development Code and Growth Management Plan. Pro: The requested uses are consistent with the applicable elements of the GMP and provisions of the LDC. Con: Nol applicable in view of the consisle;~cy evaluation with the GMP and LDC. SummaD' Conclusion: The proposed use is authorized in the Urban Mixed Use desi.m'~ated areas in the "E" Estates zoning di~:trict, which provides for the requesled uses as conditionally permitted uses. b. Ingress and egress to properD' and proposed structures thereon with particular reference to automotive and pedeswian safeD' and convenience, traF,qc flow and control, and access in case of fire and/or catastrophe. Pro: Access to the site is from Oakes Boulevard and NW 18' Street. Oakes Boulevard is an existing 2-lane arterial road which is currently operating at a level of service above the minimum r,. ',tuired to be consistent with provisions of the traffic circulation element to the GMP. Con: The existing church use will generate a period of time where the driveway connections with the public street system will experience short periods of high intensity uses which inherently creates potential for traffic accidents. SummaD· Conclusion: The layout of the site plan from a planning and traffic safer2,' standpoint and the condition of low ~raffic volumes and clear sight distances from access points, the access driveway from Oakes Boulevard should produce optimum operating conditions. JAN 12 1999 4 Access geometry. and on site traffic circulation will be subject to approval at the time of Site Development Plan approval. This review' will account for turn lanes if warranted, at the time of development. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: The east and south sides of the propert>, are separated from existing residential structures by road rio~ht-of-way (Oakes Boulevard to the east and NW 18t~ Avenue to the south) and an existing landscape buffer along the south property line. The front of the existing building is located adjacent to Oakes Boulevard. Con: There is an existing single family residential dwelling unit which overlooks the site to the north. There is an existing stand of native palm trees at the southeast corner of the site which helps buffer the front of the building from the residential dwelling units to the south. However, according to the submined site plan, these trees will eventually be removed and replaced with parking area, There is little native vegetation on the site which supplements the required existing landscape buffers, w'ith the exception of the rear of the site which is heavily wooded. The expansion of the existing site has the potential to most directly affect the single family residential structure to the north and somewhat the single family structure to the south, although the NVv' 18' street right-of-way and the location of the structure on its lot, mitigate, somewhat, the impact on the residence to the south. SummaD' Conclusion: The proposed expansion of the church, if properly buffered should have minimal affects on the surrounding residential neighborhood with regard to noise, odor and glare. The layout of the church as it presently exists and functions will essentially remain the same, with the ext cption of the additional driveway entrance off of NW 18m Street. Also, maintenance of the existing vegetative buffers along the south, east and west property lines will provide additional ~eparation between uses on and off the site. d. Compatibili~' with adjacent properties and other property in the district. Pro: i. A church for the most pan represents a passive use of land, and is therefore compatible with adjacent land uses. it. The church has been in existence in its present location since 1986. Although the petitioner plans to increase the intensity of the use of the property, churches are generally considered compatible with residential land uses, and max,' serve residents of the sin'rounding neighborhood within walking distance. JAN t 2 1999 5 Con: The increase in size may cause neighboring propert>, owner's to view' the increased intensity, of use as disruptive to their residential environment. SummaD' Conclusion: The additional floor area and seats in the church sanctuary should increase the traffic and activity on the subject site. However, additional buffering in the form of landscaping and the proposed layout of the buildings and the types of uses are generally considered compatibie with surrounding residential land uses. STAFF RECO~I.~IENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition CU-98-21 for Conditional Use "1" Churches, of the Estates (E) zoning district as described in the Resolution of Adoption and Exhibits attached hereto. gubject to the following conditions: a. The Planning Services Department Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use appIication, or major changes to lhe site plan submitted as pan of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and appro,,;al, of the Collier County Land De~;elopment Code (Or:'Snance No. 91-102). b. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code, as amended. c..An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservatioru"preservation areas, shall be submitted to Current Planning environmental staff for review and approval prior to final site pig'construction plan approval. d. Should safety or operational conditions warrant, the applicant shall be responsible for the construction of turn lanes in accordance wilh Ordinanc:~: 93-64 at the project entrance off of Oakes Boulevard when determined necessary by the County's T;':~nsportation Department. Should the need arise for other roadway and intersections improvements to 18~h Avenue and Oakes Boulevard, the petitioner shall be responsible for contributing their fair share cost of these improvements at lt3e time of construction. e. Per the Office of the Fire Marshall, upon reaching the maximum threshold for sprinklering requirements, the petitioner shah sprinkler the required buildings utilizing a ""' reliable water source as approved by the Fire Marshal. JAN 12 t999 6 f. Prior to the issuance of a certificate of occupancy for any building construction/expansion, the existing landscape buffer along the northern property boundary' shall be constructed to meet the Type C buffer requirements. Specifically, the buffer shall be no less than a 20 feet wide, opaque within one .',,ear, landscape buffer with a six-foot wall, fence hedge or berm or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. PREPARED BY: CHIEF PLANNER REVIEx, VED I~Y: ~./ -L¢~ L MANAGER .... R"O_ 'A D F. NINO, AjCP, DATE CURRENT PLL. N.~ING SECTION R~OBERT J. MULHERE, AICP, DIRECTOR DATE PLAN%TNG SERVICES DEPARTMENT APPR0yED BY: / VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMU.~NITY DEVELOPMENT & ENV. SVCS. DIVISION Petition Number: CU-98-21, North Naples Baptist Church NOTE: This Petition has been tentatively advertised for the January, 12, 1999 BCC meeting. JAN 12 1999 :'-1246, laws cf Flsrlia, arts lhap~er 125, Florida Sta~u~es, has :snferred :n Collier Cc. un~y the power ts establish, coordinate arts or. forte SillY.? arm s'ssh ~uslness restlotions as are necessary for the ]'tHEPEAS, :ne 25'2n~';' N'arsuant tY. ere~2 has aal}le2 ~ lane le'-~elsNr. er.t ls~ _r~znanse lZa. 2l-ll2 ,..ALan LasS'aces a limErer. enszve lsnzn{ 2rSinance estarllshl:.~ reculallcns ~sr ....... z :art/sular 3e,oarazhl2 dIViSiONS if tle ~-'only, ar, cng zS :No 7rantlag 5f Condill:hal Uses; and ;';HE~EAS, the Collier ?cull'.' Plannzn3 l:rzLssLsn, ~elno the duly ~ffesteZ, has held a ~uSizc hearlnc after notice as in sal.n regu_=rzzns riaae and prcvzCeC, and has ccnszCered the azvzsaDzllzy Canalllano_ Use "l" zf Section 2.1.2.2 in an ,,r- r=lales Zone f-~; ?burst. ex~ar, sczn on tr.e ~rs~erli' hereznafler ZescrL~ea, arts has fs'ana as ~ ma%ier if faci Exhibit "A"' that sailsfactory zrsvzszcn aug arr&r. gex~nl Aav~ beer. made 2znserninc at' azzlisaEle r. ai-~ by sold re7'ilaliDns and in acssrOance with/~bseczmsn 2.7.4.4 of land ievelopmenE Code for Ihe Collier County Planning Ccmmlssio. n; and ;'tHElilAC, all intereslen parties have been gmven a}port'anzzy 5o 2e hearO ~y ih-s So, ard in a s''Am{- zeetlnc asEemz. lei and the ~oarS having czns2dereQ all matters presenEeQ. NO;',, iNEREFCRE BE iT }ES{i','EL, B'f ?HE ~3}R2 CF aSKING APPEALS Coillet County, FloriGa that: JAN 1 1999 -1- 7:.e ~GuL:_::. -":LE:; :L.' E::se Z. Z;zLLLa:.:, .,Z2.'- :ff AgncL:, ZZ':hL~L3 "E" -.'.'.LEZ LS EZZgCZSS ~'.5ZSZS 5Z'.Z LZ, CSE~ZY~Le~ K:<hi~i~ "Z" >~hzch LS a~zashed heretc ar.s Lr:ccr~cra~ed by reference herezn. 5E iT F'jFTHEP ~ZSSLVZZ that ntis B, esslutzan Za recorded 7.22'aleS Of UhzS 5:arC. line Z:.LE Z~.' 31 . 5C2-~;1 7_" lS;;l}:S A22-iAZS iSLLiKR ZZU:Zi':', ZLZRiZA BY: '_.-A.%5:-.-%z. 5. E-'_REY, lha2rman AiTEEi: Z}/!SH7 Z. 5.;22K, JAN 1 E 1999 'LEG.~L DESCRIPTION Tract 7, Golden Gate Estates, Unit 97, as recorded in Plat Book 7, Pages 95 and 96, of the Public Records of Collier Count2,,', Florida. Subject to easements, restrictions, and rese~'ations of record. Exhibit B CU-98-21 I jAN i g 1999 ----.-, Exhibit D Subject to the fol]o:vmg conditions: a. The Planning Services Department Director Manager may approve n,,inor changes in the location. siting, or height of buildings, structures. and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application. or major changes to the site plan submined as pan of this application. sb..211 require the submittal of a new conditional use application. and shall comply with ali applicable CounW ordinances in effect at the time of submittal, including Division 3.3, Site De;'elopment Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). b. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. ofthe Collier Countv Land Development Code. as amended. c..-xnn exotic vegetation removal. monitoring, and maintenance (exotic free) plan for the site. with emphasis on the conser,,,ation,"preservation areas. shall be submitted to Current Planning environmental staff for review and approval prior to final site plan, construction plan approval. d. Should safety' or operational conditions warrant. the applicant shall be responsible for the construction of turn lanes in accordance with Ordinance 93-64 at the project entrance off of Oakes Boulevard when determined necessary by the County's Transportation Department. Should the need arise for other roadway and intersections improvements to 18~ Avenue and Oakes Boulevard, the petitioner shall be responsible for contributing their fair share cost of these improvements at the time of construction. e. Per the Office of the Fire Marshall. upon reaching the maximum threshold for sprinklering requirements, the petitioner shall sprinkler the required buildings utilizing a reliable water source as approved by the Fire Marshal. f. Prior to the issuance of a certificate of occupancy for any building construction/expansion, the existing landscape buffer along the nonhem property boundary shall be constructed to meet the Type C buffer requirements. Specifically, the buffer shall be no less than a 20 feet wide, opaque within one year, landscape buffer with a six-foot wall, fence hedge or berm or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. JAN ] g 1999 AUTHO~JZA_T10~ AZ~'D CO,~S~NT The u~d~-~igned~ ~ arid cons~mti~ t.~ ~ ofN~ X~ B~s~ ~ :. ~., ~e P~d~= m P~fion No. ~L98-21, (~ "P~on'~ h~by au~ ~e ~ of A~o~, ~i, & Bmdag~, ~ ~o~fio~ shall ~ v~ ~s ~d '~1 a '~ in~ revo~g s~h ~: ~; ' au~or~o~ is r~w~ by ~e CoI~e~ ~b' s~m~ ~g ~c P~don, ~ ~: ,: .. :, Co~' may ~iy ~on te ~ of~e - Dal~ t~ day of ~~998. Nor~ N~I~ B~ ~ by ~ ~u~ :u , JAN 12 1999 6 I~ .m..=ZYSL'.fYZ::: Z:P,O',/ZZZNS Y.',,:;, ?ME ESY-'-Z-,LZSi-ZM. EN? OF " A ::'~UBC:--.' E:,:?}2'~._cZS,.",,; C?:';Z:Z?Z.S:',"AZ= USE "l" ZN THE - ~-~ ..,-,'~,: Z.,-S?,r'-ECT PURSU-,7-'_W,? ?C 5ECTZCN 2.2.3.3 9 ,,~z ?HE tEStEStER "' 3: 7"',a""',r L.z..ND ' ="r':O~M~N? SOD;" FOP, 1(:, Y'.;C, PE:'=,2¥ iS. CASED ZN SZ,CTZOX 29, 73~rNSHZi: 4.~ 1] SOU?H, %~2a6;., 26 =-~c,',, SOLLEE.= CSU.N?':', FLOPIDA 14 WHEREAS, -_h.-- Leczsiat~nre cf -_he State cf FLorida dr. Chapter 15 ;T-1246, Laws zf Ylcr'_~a, and ,7Xapzer l=:, :~or:da Statutes, has !6 car. lofted on Collier Cc:unty the power to establish, coordinate and i~ enforce zoning and st'ch business regulazlc:ns as are necessary for the IS Frozecrier :f the FuE. L/c; and I') ;qHEBE.z.S, the Cs.~'n:';: ?arsuant :'~.ere:2 ?:as ado_rued a Land 2] lLm.nreP:er. szve laning 2rnznance esua~lishzng regulations for the 22 tar. ire of part:tu_~r geographic d/visions sf the Count_v, amonc '~hzch 23 _s the granzmng s. ff Ccniztlonal rises; an.= 24 }{HEPEAS, tile CEllLet County P2annz:.g Cs-~missmsn, being the Cull,, 2_~ ap.~s-n~_ed ani ssr:s'~ztuued .~iar:nznc beard for the area hereby Y, affected, has :.ell a iul~!lc hear!no after notuse =-smn said 27 regulati=.ns marie an.d provided, and has considered the advzsabzlity of 2s lEntillionel Use ""' .~= Section 2.2.1.5 -n an "E" Estates Zone for a 29 2hurch ~an,~{,~ .~ the mrcDertv he~inafler ,described, and has found Be =~s a matter ¢.f fact Exnlbit "X") -_hat satisfactory Krovlsic, n and 31 arrangement i~:ave keen r:ade csnsern'_r,c all ip.rlisafle matters required 32 b~y said :egular:_ons arc it. acc&rdance with Subset:zion 2.7.~.4 cf the 33 Land le\,elopr,~ent Code for the Collier County Plann'_ng Comz~ission; and 34 WHEREAS, all interested parties have been given opportunity to ~ be heard by this Board in a public meeting assembled and the Board 36 having considered all matters presented. 37 NOW, THEREi,ORE BE IT .;..ESOLVED, BY THE BC~ID .OF ZONI.NG APPEALS of 3S lolllet Count':', F!.':rida that: JAN 1.1.! 1999 -1- 2 a ar'.ini=~se, inc., representing ZZcrlh ninnies naN:is: lksrcn '.,'ilk S resperl is ihe FrsNerly nerezr. afler aesarz~eZ 4 5 Exhibit "~" ~.,,'hzch is atlachel hereEc. anl incsrpcraEed ~y 6 reference herezn ~e and the san. e Ls here~'2 approved fcr Ccni:::snaL Use "i" sf Sect:an 8 2.2.i.i cf the "E" Estates Zoning 2is:r:c: for a cn~rclt expanszsn zn 9 accordance wz:: :he Ccncep:uai Xas:er Plan Sxn:bi: "C"~ and s'abnec: ]0 12 :he fc!i:wLn~ csnil:isns: Exhibit ""' wl%:ch zs a::acXed here:.s and :ncsrporaSed by ]3 reference Y~erein. 14 ~Z iT F'jR?HE~ ~ZESL',.'Ei tl~a: :his Sesc. lu::cn te reccrdeC :n Slte IS =in'a:es sf :his ~:ard. ~6 llnLs Ses:ln:i:n aacNled ~nler r:s:zcn, seccnC eric major::',' vole. 1' ::ne :his fiav :5 , 1999. 18 19 20 5C,~5.2: :F nON:NO APPEALS 21 COLLIER :CUNTY, FLORIDA 22 23 BY: 2~ ~P3. B~PA ~. 5EBR':', Chairman 20 ATIESU: 2? iW!GHi Z. 2B,C, CK, lLer:.: 29 App. r.:ved as :c Fcrm and legal S'.nffirzencv: , 34 . Student 3S Assistant C,s'ant'y Attorney 36 f 7-:~- : 38 JAN 12, 1999 -2- FiNIDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-21 The =silowinG =acns are found: 1. Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. 2. SranEing the conditional use will not adversely affect the public lnterest and will not adversely affect other property 2r uses zn the same district or neighborhood because of: A. Consistency with the Land Development Code and Grcwth Manaaement'P~an: yes ,.- No B. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress-~e~ress Yes ," No C. Affects neighboring properties in relation to noise, glare, econGmlc or odor effects: No affect or Affect mitigated by ........... Affect cannot be mitigated Compatibility with adjacent properties and other property mn the district: Compatibl~se within district Yes ' No Based on the above findings, this conditional use should, with stipulations, ~py attached) .(mh~at~--rr~t-) be recommended for apprcval,, ~, DATE: ~ "' ~ J; i~R: ~ {~:;,j ' ' .';' 7 CWAIRNAN El<hibi t A f/cu-95-2i FINDING OF FACT. MEMBER/ JAN 1 S 1999 LEG,-~L' DESCRIPTION Tract 7, Go]den Gate Estates, Unit 97, as recorded Ln PIat Book 7, Pages 95 and 96, of the Public Records of Collier County, Florid~ Subject to easements, restrictions, and reses'ations of record. Exhibit B CU-98-21 06-940jg.doc 1O [ JAN 12 1999 /, Exhibit D Subject to the following conditions: a. The Planning Sep,,ices Department Director Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvernents authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as pan of this application. shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). b..3m appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code, as amended. c. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, v,'ith emphasis on the conser,,'ation/preser','ation areas, shall be submitted to Current Planning envirommental staff for review and approval prior to final sile plarb~construction plan approval. d. Should safety or operational conditions wa~Tant, the applicant shall be responsible for the construction of turn lanes in accordance with Ordinance 93-64 at the project entrance off of Oakes Boulevard when delern~ined necessary by the County' s Transportation Department. Should the need arise for other roadway and intersections improvements to 18~h Avenue and Oakes Boulevard, the petitioner shall be responsible for contributing their fair share cost of these improvements at the time of construction. e. Per the Office of the Fire Marshall, upon reaching the maximum threshold for sprinklering requirements, the petitioner shall sprinkler the required buildings utilizing a reliable water source as approved by the Fire Marshal. JAN ! 2 1999